I
105TH CONGRESS
1ST SESSION
H. R. 1871
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.
IN THE HOUSE OF REPRESENTATIVES
JUNE 12, 1997
Mr. LIVINGSTON introduced the following bill; which was referred to the Com-
mittee on Appropriations, and in addition to the Committee on the Budg-
et, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction of
the committee concerned
A BILL
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,
That 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:
TITLE I—EMERGENCY SUPPLEMENTAL APPRO-
PRIATIONS FOR THE DEPARTMENT OF DE-
FENSE
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.
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’’, $1,430,100,000: Provided,
That the Secretary of Defense may transfer these funds
only to Department of Defense operation and maintenance
accounts: 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 appropria-
tion 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.
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
(TRANSFER OF FUNDS)
SEC. 101. 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 reimbursing costs in-
curred for repairing damage caused by hurricanes, flood-
ing, and other natural disasters during 1996 and 1997
to real property and facilities at Marine Corps facilities
(including Camp Lejeune, North Carolina; Cherry Point,
North Carolina; and the Mountain Warfare Training Cen-
ter, 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. 102. 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. 103. 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.
SEC. 104. In addition to the amounts provided in
Public Law 104–208, $25,800,000 is appropriated under
the heading ‘‘Overseas Humanitarian, Disaster and Civic
Aid’’: Provided, That from the funds available under that
heading, the Secretary of Defense shall make a grant in
the amount of $25,800,000 to the American Red Cross
for Armed Forces emergency services.
SEC. 105. REPORT ON COST AND SOURCE OF FUNDS
FOR MILITARY ACTIVITIES RELATING TO BOSNIA.—(a)
Not later than 60 days after enactment of this Act, the
President shall submit to Congress the report described
in subsection (b).
(b) REPORT ELEMENTS.—The report referred to in
subsection (a) shall include the following:
(1) A detailed description of the estimated cu-
mulative cost of all United States activities relating
to Bosnia after December 1, 1995, including—
(A) the cost of all deployments, training
activities, and mobilization and other pre-
paratory activities of the Armed Forces; and
(B) the cost of all other activities relating
to United States policy toward Bosnia, includ-
ing humanitarian assistance, reconstruction as-
sistance, aid and other financial assistance, the
rescheduling or forgiveness of bilateral or multi-
lateral 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
expenditures 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
States, a breakdown of such expenditures by
department or agency and by program.
SEC. 106. 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.
CHAPTER 2
RESCISSIONS
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $57,000,000 are rescinded.
MILITARY PERSONNEL, NAVY
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $18,000,000 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, $23,000,000 are rescinded.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $196,000,000 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, $3,000,000 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.
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.
ENVIRONMENTAL RESTORATION, FORMERLY USED
DEFENSE SITES
(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 104–61, $5,000,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $13,000,000 are rescinded.
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, $24,000,000 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 104–61, $15,400,000 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, $18,000,000 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.
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, $52,000,000 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
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–335, $812,000 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.
Of the funds made available under this heading in
Public Law 103–139, $18,700,000 are rescinded.
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
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–335, $1,207,000 are rescinded.
AIRCRAFT PROCUREMENT, AIR FORCE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $49,376,000 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.
MISSILE PROCUREMENT, AIR FORCE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $16,020,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $163,000,000 are rescinded.
PROCUREMENT OF AMMUNITION, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–61, $7,700,000 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, $20,000,000 are rescinded.
PROCUREMENT, DEFENSE-WIDE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $8,860,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–61, $16,113,000 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
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $5,029,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $8,000,000 are rescinded.
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, $18,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
NAVY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 104–61, $16,878,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $9,600,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
AIR FORCE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 104–61, $24,245,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $172,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 104–61, $95,714,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $87,000,000 are rescinded.
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–61, $6,692,000 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, $25,200,000 are rescinded.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $21,000,000 are rescinded.
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, CHAPTER 2
(RESCISSIONS)
SEC. 201. 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 National Guard’’,
$5,000,000;
‘‘Military 
Construction, 
Defense-wide’’,
$41,000,000;
‘‘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:
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; and
‘‘Military 
Construction, 
Defense-wide’’,
$3,000,000.
(RESCISSION)
SEC. 202. Of the funds appropriated for ‘‘Military
Construction, Navy’’ under Public Law 103–307,
$6,480,000 is hereby rescinded.
CHAPTER 3
GENERAL PROVISIONS—THIS TITLE
SEC. 301. The Department of Defense is directed to
report to the congressional defense committees 30 days
prior to transferring management, development, and ac-
quisition authority over the elements of the National Mis-
sile Defense Program from the Military Services: Pro-
vided, That the Joint Requirements Oversight Council is
directed to conduct an analysis and submit recommenda-
tions as to the recommended future roles of the Military
Services with respect to development and deployment of
the elements of the National Missile Defense Program:
Provided further, That the analysis and recommendations
shall be submitted to the congressional defense committees
within 60 days of enactment of this Act: Provided further,
That for 60 days following enactment of this Act, the De-
partment of Defense shall take no actions to delay or defer
planned activities under the National Missile Defense Pro-
gram based solely on the conduct of the Joint Require-
ments Oversight Council analysis.
SEC. 302. 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 offi-
cer of the Department of Defense, until and unless the
Secretary of Defense designates another person to serve
in this position.
SEC. 303. AUTHORITY OF SECRETARY OF DEFENSE
TO ENTER INTO LEASE OF BUILDING NO. 1, LEXINGTON
BLUE GRASS STATION, LEXINGTON, KENTUCKY.—
(a) AUTHORITY TO ENTER INTO LEASE.—The
Secretary of Defense may enter into an agreement
for the lease of Building No. 1, Lexington Blue
Grass Station, Lexington, Kentucky, and any real
property associated with the building, for purposes
of the use of the building by the Defense Finance
and Accounting Service. The agreement shall meet
the requirements of this section.
(b) TERM.—(1) The agreement under this sec-
tion 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.
(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 be-
fore the expiration of the term of the lease (includ-
ing any extension or renewal of the term under an
option provided for in paragraph (1)), the remainder
of the lease term may, upon the approval of the les-
sor of the building, be satisfied by the Secretary or
another department or agency of the Federal Gov-
ernment (including a military department) for an-
other 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
subsection (b)(2) shall be responsible under the
agreement for payment of any utilities associated
with the lease of the building covered by the agree-
ment and for maintenance and repair of the build-
ing.
(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
Secretary may not obligate or expend funds for the
costs of any utilities, maintenance and repair, or im-
provements under this lease under this section in
any fiscal year unless funds are appropriated or oth-
erwise made available for the Department of De-
fense for such payment in such fiscal year.
SEC. 304. Notwithstanding 31 U.S.C. 1502(a), 31
U.S.C. 1552(a), and 31 U.S.C. 1553(a), funds appro-
priated in Public Law 101–511, Public Law 102–396, and
Public Law 103–139, under the heading ‘‘Weapons Pro-
curement, Navy’’, that were obligated and expended to set-
tle claims on the MK–50 torpedo program may continue
to be obligated and expended to settle those claims.
SEC. 305. 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
Joint Program Office which includes more than 55 mili-
tary and civilian personnel located in the National Capital
Region.
SEC. 306. Funds obligated by the National Aero-
nautics and Space Administration (NASA) in the amount
of $61,300,000 during fiscal year 1996, pursuant to the
‘‘Memorandum of Agreement between the National Aero-
nautics and Space Administration and the United States
Air Force on Titan IV/Centaur Launch Support for the
Cassini Mission,’’ signed September 8, 1994, and Septem-
ber 23, 1994, and Attachments A, B, and C to that Memo-
randum, shall be merged with Air Force appropriations
available for research, development, test and evaluation
and procurement for fiscal year 1996, and shall be avail-
able for the same time period as the appropriation with
which merged, and shall be available for obligation only
for those Titan IV vehicles and Titan IV-related activities
under contract.
SEC. 307. For the purposes of implementing the
1997 Defense Experimental Program to Stimulate Com-
petitive Research (DEPSCoR), the term ‘‘State’’ means
a State of the United States, the District of Columbia,
Puerto Rico, Guam and the Virgin Islands of the United
States, American Samoa and the Commonwealth of the
Northern Mariana Islands.
TITLE II—EMERGENCY SUPPLEMENTAL AP-
PROPRIATIONS FOR RECOVERY FROM NAT-
URAL DISASTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM
ACCOUNT
For an additional amount for the ‘‘Agricultural Cred-
it 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 disas-
ters, $23,000,000, to remain available until expended, of
which $18,000,000 shall be available for emergency in-
sured loans and $5,000,000 shall be available for sub-
sidized guaranteed operating loans: Provided, That the en-
tire amount shall be available only to the extent that an
official budget request for $23,000,000 that includes des-
ignation 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
further, That such amount is designated by Congress as
an 
emergency 
requirement 
pursuant 
to 
section
251(b)(2)(D)(i) of such Act.
For an additional amount for the ‘‘Agricultural Cred-
it 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, $6,300,000, to remain available until expended.
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,
$70,000,000, to remain available until expended: Pro-
vided, That the entire amount shall be available only to
the extent that an official budget request for $70,000,000,
that includes designation of the entire amount of the re-
quest as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Con-
gress: Provided further, 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 $9,000,000 is provided for assistance
to small orchardists to replace or rehabilitate trees and
vineyards damaged by natural disasters: Provided, That
the entire amount shall be available only to the extent that
an official budget request of $9,000,000, 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 such amount is designated by Congress 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 pro-
ceeds earned from the sale of grain in the disaster reserve
established in the Agricultural Act of 1970 to implement
a livestock indemnity program for losses from natural dis-
asters pursuant to a Presidential or Secretarial declara-
tion requested prior to the date of enactment of this Act
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 preced-
ing sentence, the Secretary shall, to the extent practicable,
utilize gross income and payment limitations conditions
established for the Disaster Reserve Assistance Program
for the 1996 crop year: Provided further, That notwith-
standing any other provision of law, beginning on October
1, 1997, grain in the disaster reserve established in the
Agricultural Act of 1970 shall not exceed 20 million bush-
els: Provided further, That the entire amount shall be
available only to the extent an official budget request, 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.
NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ‘‘Watershed and Flood
Prevention Operations’’ to repair damages to the water-
ways and watersheds, including debris removal that would
not be authorized under the Emergency Watershed Pro-
gram, resulting from flooding and other natural disasters,
including those in prior years, $166,000,000, to remain
available until expended: Provided, That the entire amount
shall be available only to the extent an official budget re-
quest for $166,000,000, 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 en-
tire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of such
Act: Provided further, That if the Secretary determines
that the cost of land and farm structures restoration ex-
ceeds the fair market value of an affected agricultural
land, the Secretary may use sufficient amounts, not to ex-
ceed $15,000,000, from funds provided under this heading
to accept bids from willing sellers to provide floodplain
easements for such agricultural land inundated by floods:
Provided further, That none of the funds provided under
this heading shall be used for the salmon memorandum
of understanding.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
RURAL HOUSING ASSISTANCE PROGRAM
Any unobligated balances remaining in the ‘‘Rural
Housing Insurance Fund Program Account’’ from prior
years’ disaster supplementals shall be available until ex-
pended for Section 502 housing loans, Section 504 loans
and grants, Section 515 loans, and domestic farm labor
grants to meet emergency needs resulting from natural
disasters: Provided, That such unobligated balances shall
be available only to the extent an official budget request
that includes designation of the entire amount of the re-
quest as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985
is transmitted by the President to the Congress: Provided
further, That such unobligated balances are designated by
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(D)(i) of such Act: Provided further, That
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: Pro-
vided further, That funds made available in Public Law
104–180 for Community Facility Grants for the Rural
Housing Assistance Program may be provided to any com-
munity otherwise eligible for a Community Facility Loan
for expenses directly or indirectly resulting from flooding
and other natural 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 guaran-
tees, 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 natural disasters, $4,000,000, to remain avail-
able until September 30, 1998: Provided, 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 re-
quirement as defined in the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress: Provided further,
That the entire amount is designated by Congress as an
emergency 
requirement 
pursuant 
to 
section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
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.),
$76,000,000, 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
promulgated thereunder, such other means as the Sec-
retary deems necessary.
GENERAL PROVISION, CHAPTER 1
SEC. 1001. 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, statis-
tically reliable information, obtained from cheese manufac-
turing 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 trans-
actions separately.
(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
Department of Agriculture except that general weekly
statements may be issued that are based on the informa-
tion and that do not identify the information provided by
any person.
(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 Com-
mittee on Agriculture, Nutrition, and Forestry, and the
Committee on Appropriations, of the Senate, on the rate
of reporting compliance by cheese manufacturers with re-
spect to the information collected under subsection (a). At
the time of the report, the Secretary may submit legisla-
tive recommendations to improve the rate of reporting
compliance.
(d) TERMINATION
OF EFFECTIVENESS.—The au-
thority provided by subsection (a) terminates effective
April 5, 1999.
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,
$52,200,000, 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.
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
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 provide dis-
aster assistance related to recent flooding and red tide
pursuant to section 312(a) of the Magnuson-Stevens Fish-
ery Conservation and Management Act, and not to exceed
$2,000,000 is available until expended to implement the
Magnuson-Stevens Fishery Conservation and Manage-
ment Act: Provided, That the entire amount shall be avail-
able only to the extent that an official budget request for
$9,000,000, 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: Provided further, That the entire
amount is designated by Congress as an emergency re-
quirement 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 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.
RELATED AGENCY
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.
GENERAL PROVISIONS, CHAPTER 2
SEC. 2001. Of the funds currently contained within
the ‘‘Counterterrorism Fund’’ of the Department of Jus-
tice, $3,000,000 is provided for allocation by the Attorney
General to the appropriate unit or units of government
in Ogden, Utah, for necessary expenses, including en-
hancements and upgrade of security and communications
infrastructure, to counter any potential terrorism threat
related to the 2002 Winter Olympic games to be held in
Utah.
SEC. 2002. EXPANDING SMALL BUSINESS PARTICI-
PATION IN DREDGING.—Section 722(a) of the Small Busi-
ness Competitiveness Demonstration Program Act of 1988
(15 U.S.C. 644 note) is amended by striking ‘‘September
30, 1996’’ and inserting ‘‘September 30, 1997’’.
SEC. 2003. Section 101 of the Marine Mammal Pro-
tection Act of 1972 (16 U.S.C. 1371) is amended by add-
ing 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;
‘‘(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. 2004. Notwithstanding any other provision of
law, the Secretary of Commerce shall have the authority
to reprogram or transfer up to $41,000,000 of the
amounts provided under ‘‘National Oceanic and Atmos-
pheric Administration, Operations, Research, and Facili-
ties’’ for Satellite Observing Systems in Public Law 104–
208 for other programmatic and operational requirements
of the National Oceanic and Atmospheric Administration
and the Department of Commerce subject to notification
of the Committees on Appropriations of the House of Rep-
resentatives and the Senate in accordance with section 605
of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1997
and which shall not be available for obligation or expendi-
ture except in compliance with the procedure set forth in
that section.
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-
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 of the
total amount appropriated, $5,000,000 shall be available
solely for the Secretary of the Army, acting through the
Chief of Engineers, to pay the costs of the Corps of Engi-
neers and other Federal agencies associated with the de-
velopment of necessary studies, an interagency manage-
ment plan, environmental documentation, continued mon-
itoring, and other activities related to allocations of water
in the Alabama-Coosa-Tallapoosa and Apalachicola-Chat-
tahoochee-Flint River Basins: Provided further, That no
portion of such $5,000,000 may be used by the Corps of
Engineers to revise its master operational manuals or
water control plans for operation of the reservoirs for the
two river basins until (1) the interstate compacts for the
two river basins are ratified by the Congress by law; and
(2) the water allocation formulas for the two river basins
have been agreed to by the States of Alabama, Georgia,
and Florida and the Federal representative to the com-
pacts: Provided further, That the preceding proviso shall
not apply to the use of such funds for any environmental
reviews necessary for the Federal representative to ap-
prove the water allocation formulas for the two river ba-
sins: 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.
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
section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That with $5,000,000 of the funds appro-
priated herein, the Secretary of the Army is directed to
initiate and complete preconstruction engineering and de-
sign and the associated Environmental Impact Statement
for an emergency outlet from Devils Lake, North Dakota,
to the Sheyenne River: Provided further, That of the funds
appropriated under this paragraph, $5,000,000 shall be
used for the project consisting 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 emergency.
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. 3001. (a) Beginning in fiscal year 1997 and
thereafter, the United States members and the alternate
members appointed under the Susquehanna River Basin
Compact (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
appointments as Regular Army officers with Senate con-
firmation, and who shall serve without additional com-
pensation.
(b) Section 2, Reservations, Paragraph (u) of Public
Law 91–575 (84 Stat. 1509) and section 15.1, Reserva-
tions, Paragraph (d) of Public Law 87–328 (75 Stat. 688,
691) are hereby repealed.
(c) 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’’.
SEC. 3002. Notwithstanding section 5 of the Rec-
lamation Safety of Dams Act of 1978, Public Law 95–
578, as amended, the Secretary of the Interior is author-
ized to obligate up to $1,200,000 for carrying out actual
construction for safety of dam purposes to modify the Wil-
low Creek Dam, Sun River Project, Montana.
SEC. 3003. (a) CONSULTATION AND CONFERENC-
ING.—As provided by regulations issued under the Endan-
gered Species Act (16 U.S.C. 1531 et seq.) for emergency
situations, formal consultation or conferencing under sec-
tion 7(a)(2) or section 7(a)(4) of the Act for any action
authorized, funded or carried out by any Federal agency
to repair a Federal or non-Federal flood control project,
facility or structure may be deferred by the Federal agen-
cy authorizing, funding or carrying out the action, if the
agency determines that the repair is needed to respond
to an emergency causing an imminent 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 pur-
poses of this section, the term repair shall include preven-
tive 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 min-
imize the impact of an action taken under this section
shall be related both in nature and extent to the effect
of the action taken to repair the flood control project, fa-
cility or structure.
CHAPTER 4
FOREIGN OPERATIONS, EXPORT FINANCING,
AND RELATED PROGRAMS
ASSISTANCE TO UKRAINE
SEC. 4001. The President may waive the minimum
funding requirements contained in subsection (k) under
the heading ‘‘Assistance for the New Independent States
of the Former Soviet Union’’ contained in the Foreign Op-
erations, Export Financing, and Related Programs Appro-
priations Act, 1997, as included in Public Law 104–208,
for activities for the government of Ukraine funded in that
subsection, if he determines and so reports to the Commit-
tees on Appropriations that the government of Ukraine:
(1) has not made progress toward implementa-
tion of comprehensive economic reform;
(2) is not taking steps to ensure that United
States businesses and individuals are able to operate
according to generally accepted business principles;
or
(3) is not taking steps to cease the illegal
dumping of steel plate.
cost-effective emergency acquisition of land and water
rights necessitated 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.
NATIONAL PARK SERVICE
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for
emergency expenses resulting from flooding and other nat-
ural 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: Pro-
vided 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) repair 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 Yosemite Conces-
sions Services Corporation or any responsible third party
to satisfy its repair or replacement obligations for the fa-
cilities, or (2) the Federal portion, if any, of the costs of
repair or replacement of such concession use facilities:
Provided further, That nothing herein should be construed
as impairing in any way the rights of the United States
against the Yosemite Concession Services Corporation 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
Secretary with the Corporation or any other party con-
cerning 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 obliga-
tions of the Corporation or third party: Provided further,
That nothing herein, or any payments, repairs, or replace-
ments made by the Corporation or a third party in fulfill-
ment of the Corporation’s obligations to the United States
to repair and replace damaged facilities, shall create any
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 for ‘‘Construction’’ 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, Investiga-
tions, and Research’’, $4,650,000, to remain available
until September 30, 1998, to repair or replace damaged
equipment and facilities caused by floods and other natu-
ral disasters: Provided, 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.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For an additional amount for ‘‘Operation of Indian
Programs’’, $14,317,000, to remain available until Sep-
tember 30, 1998, for emergency response activities, in-
cluding emergency school operations, heating costs, emer-
gency welfare assistance, and to repair and replace facili-
ties and resources damaged by snow, floods, and other
natural disasters: Provided, 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.
CONSTRUCTION
For an additional amount for ‘‘Construction’’,
$6,249,000, to remain available until expended, to repair
damages 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: Provided further,
That notwithstanding any other provision of law, funds
appropriated herein and in Public Law 104–208 to the
Bureau of Indian Affairs for repair of the Wapato irriga-
tion 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 pursu-
ant 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
flooding and other natural disasters, $27,685,000, to re-
main available until expended: Provided, That the entire
amount is designated by 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.
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 pursu-
ant 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-
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.
GENERAL PROVISIONS, CHAPTER 5
SEC. 5001. 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 striking in each of those sections ‘‘and
thereafter annually adjusted upward by 4%,’’.
SEC. 5002. 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, includ-
ing payment in advance with subsequent adjustment, and
the reimbursements received therefrom, along with the
funds received from those entities pursuant to the Indian
Self Determination Act, may be credited to the same or
subsequent appropriation account which provided the
funding, said amounts to remain available until ex-
pended’’.
SEC. 5003. (a) EXTENSION
AND
EFFECTIVE
DATE.—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 insert-
ing ‘‘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:
‘‘(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.’’.
(e) DEFINITIONS.—Section 3703 of such Act is
amended by adding the following new paragraphs:
‘‘(12) ‘Morenci mine complex’ means the lands owned
or leased by Phelps Dodge Corporation, now or in the fu-
ture, delineated in a map as ‘Phelps Dodge Mining, Min-
eral Processing, and Auxiliary Facilities Water Use Area’,
which map is dated March 19, 1996, and is on file with
the Secretary of the Interior.
‘‘(13) ‘Upper Eagle Creek Wellfield’ means that area
in Greenlee County which is bounded by the eastern
boundary of Graham County on the west, the southern
boundary of the Black River watershed on the north, a
line running north and south 5 miles east of the eastern
boundary of Graham County on the east, and the southern
boundary of the natural drainage of Cottonwood Canyon
on the south.’’.
(f) BLACK RIVER FACILITIES.—Section 3711 of such
Act, as amended by subsection (b) of this Act, is further
amended by adding at the end the following:
‘‘(d) BLACK RIVER FACILITIES.—
‘‘(1) IN GENERAL.—The provisions and agree-
ments set forth or referred to in paragraphs (2), (3),
and (4) below shall be enforceable against the Unit-
ed States in United States district court, and the
immunity of the United States for such purposes
and for no other purpose is hereby waived. The pro-
visions and agreements set forth or referred to in
paragraphs (2)(A), (3), and (4) below shall be en-
forceable against the Tribe in United States district
court, and the immunity of the Tribe for such pur-
poses and for no other purpose, is hereby waived.
The specific agreements made by the Tribe and set
forth in paragraph (5) shall be enforceable against
the Tribe in United States district court, and the
immunity of the Tribe is hereby waived as to such
specific agreements and for no other purpose.
‘‘(2) INTERIM PERIOD.—
‘‘(A) As of July 23, 1997, Phelps Dodge
shall vacate the reservation and no longer rely
upon permit #2000089, dated July 25, 1944.
On such date the United States, through the
Bureau of Reclamation, shall enter, operate,
and maintain the Black River pump station,
outbuildings, the pipeline, related facilities, and
certain caretaker quarters (hereinafter referred
to collectively as the ‘Black River facilities’).
‘‘(B) The United States and Phelps Dodge
shall enter into a contract for delivery of water
pursuant to subparagraph (C), below. Water for
delivery to Phelps Dodge from the Black River
shall not exceed an annual 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 diversion and use of up
to 7,300 acre feet per year by the San Carlos
Apache Tribe, and no such diversion for Phelps
Dodge shall cause the flow of Black River to
fall below 20 cubic feet per second. The United
States shall account for the costs for operating
and maintaining the Black River facilities, and
Phelps Dodge shall reimburse the United States
for such costs. Phelps Dodge shall pay to the
United States, for delivery to the Tribe, the
sum of $20,000 per month, with an annual CPI
adjustment from July 23, 1997, for purposes of
compensating the Tribe for United States use
and occupancy of the Black River facilities.
Phelps Dodge and the Tribe shall cooperate
with the United States in effectuating an or-
derly transfer of the operations of the Black
River facilities from Phelps Dodge to the Unit-
ed States.
‘‘(C) Notwithstanding any other provision
of law, the contract referred to in subparagraph
(B) between the United States and Phelps
Dodge which provides for the diversion of water
from the Black River into the Black River fa-
cilities, and the delivery of such water to Phelps
Dodge at that location where the channel of
Eagle Creek last exits the reservation for use in
the Morenci mine complex and the towns of
Clifton and Morenci and at no other location, is
ratified and confirmed.
‘‘(D) The power line right-of-way over the
Tribe’s Reservation which currently is held by
Phelps Dodge shall remain in place. During the
interim period, Phelps Dodge shall provide
power to the United States for operation of the
pump station and related facilities without
charge, and Phelps Dodge shall pay a monthly
right-of-way fee to the Tribe of $5,000 per
month, with an annual CPI adjustment from
July 23, 1997.
‘‘(E) Any questions regarding the water
claims associated with Phelps Dodge’s use of
the Upper 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 addressed 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.
‘‘(3) FINAL ARRANGEMENTS AND TERMS.—The
interim period described in paragraph (2) shall ex-
tend until all conditions set forth in paragraph
(3)(B) have been satisfied. At such time, the follow-
ing final arrangements shall apply, based on the
terms set forth below. Such terms shall bind the
Tribe, the United States, and Phelps Dodge, and
shall be enforceable pursuant to subsection (d)(1) of
this Act.
‘‘(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 2 conditions—
‘‘(i) a finding by the United States
that the Tribe has completed necessary
training and is qualified to operate the
Black River facilities; and
‘‘(ii) execution of the contract de-
scribed in paragraph (3)(E), which con-
tract shall be executed on or before De-
cember 31, 1998. In the event that the
contract is not executed by December 31,
1998, the transfer described in this sub-
section shall occur on December 31, 1998
(so long as condition (i) of this subpara-
graph has been satisfied), based on appli-
cation of the contract terms described in
paragraph (3)(E), which terms shall be en-
forceable under this Act. Upon the ap-
proval of the Secretary, the Tribe may con-
tract with third parties to operate the
Black River facilities.
‘‘(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 surrendered by Phelps Dodge to
the Tribe, without cost to the Tribe. Prior to
the surrender of the power lines, the Bureau of
Reclamation shall arrange for an inspection of
the power lines and associated facilities by a
qualified third party and shall obtain a certifi-
cation that such power lines and facilities are of
sound design and are in good working order.
Phelps Dodge shall pay for the cost of such in-
spection and certification. Concurrently with
the surrender 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 further obligation or liability of any na-
ture with respect to the ownership, operation,
or maintenance of the power lines, the right-of-
way, or the switch station.
‘‘(D) The Tribe and the United States will
enter into an exchange agreement with the Salt
River Project which will deliver CAP water con-
trolled by the Tribe to the Salt River Project in
return for the diversion of water from the Black
River into the Black River facilities. The ex-
change agreement shall be subject to review and
approval by Phelps Dodge, which approval shall
not be unreasonably withheld. Notwithstanding
any other provision of law, the contract referred
to in this subparagraph is ratified and con-
firmed.
‘‘(E) The Tribe, the United States, and
Phelps Dodge will execute a contract covering
the lease and delivery of CAP water from the
Tribe to Phelps Dodge on the following terms:
‘‘(i) The Tribe will lease to Phelps
Dodge 14,000 acre feet of CAP water per
year as of the date on which the interim
period referred to in paragraph (2) expires.
The lease shall be subject to the terms and
conditions identified in the Tribal CAP De-
livery 
Contract 
referenced 
in 
section
3706(b). The leased CAP water shall be
delivered to Phelps Dodge from the Black
River pursuant to the exchange referred to
in subparagraph (D) above, based on di-
versions from the Black River that shall
not exceed an annual average of 40 acre
feet per day and shall not cause the flow
of Black River to fall below 20 cubic feet
per second. Such CAP water shall be deliv-
ered to Phelps Dodge at that location
where the channel of Eagle Creek last exits
the Reservation, to be utilized in the
Morenci mine complex and the towns of
Clifton and Morenci, and at no other loca-
tion.
‘‘(ii) The leased CAP water shall be
junior to the diversion and use of up to
7,300 acre feet per year from the Black
and Salt Rivers by the San Carlos Apache
Tribe.
‘‘(iii) The lease will be for a term of
50 years or, if earlier, the date upon which
mining activities at the Morenci mine com-
plex cease, with a right to renew for an ad-
ditional 50 years upon a finding by the
Secretary that the water is needed for con-
tinued mining activities at the Morenci
mine complex. The lease shall have the fol-
lowing financial terms:
‘‘(I) The Tribe will lease CAP
water at a cost of $1,200 per acre
foot. Phelps Dodge shall pay to the
United States, on behalf of the Tribe,
the sum of $5,000,000 upon the ear-
lier of the execution of the agreement,
or upon the expiration of the interim
period referred to in paragraph (2)
hereof, which amount shall be a pre-
payment for and applicable to the
first 4,166 acre feet of CAP water to
be delivered in each year during the
term of the lease.
‘‘(II) Phelps Dodge shall pay the
United States, on behalf of the Tribe,
the sum of $65 per acre foot per year,
with an annual CPI adjustment for
the remaining 9,834 acre feet of water
to be delivered pursuant to the lease
each year. Such payments shall be
made in advance on January 1 of
each year, with a reconciliation made
at year-end, if necessary, in the event
that less than 14,000 acre feet of
CAP water is diverted from the Black
River due to shortages in the CAP
system or on the Black River.
‘‘(III) Phelps Dodge shall pay in
advance each month the Tribe’s rea-
sonable costs associated with the
Tribe’s operation, maintenance, and
replacement of the Black River facili-
ties for purposes of delivering water to
Phelps Dodge pursuant to the lease,
which costs shall be based upon the
experience of the Bureau of Reclama-
tion in operating the Black River fa-
cilities during the interim period re-
ferred to in paragraph (2), subject to
an annual CPI adjustment, and pro-
viding for a credit for power provided
by Phelps Dodge to the Tribe. In ad-
dition, Phelps Dodge shall pay a
monthly fee of $30,000 to the United
States, on behalf of the Tribe, to ac-
count for the use of the Tribe’s dis-
tribution system.
‘‘(IV) Phelps Dodge shall pay the
United States operation, maintenance,
and replacement charges associated
with the leased CAP water and such
reasonable interconnection charges as
may be imposed by Salt River Project
in connection with the exchange re-
ferred to in subparagraph (D) above.
‘‘(iv) Notwithstanding the provisions
of section 3707(b), any moneys, except
Black River facilities OM&R, CAP OM&R
and any charges associated with an ex-
change agreement with Salt River Project,
paid to the United States on behalf of the
Tribe from the lease referred to under
paragraph (3)(D)(iii) shall be held in trust
by the United States for the benefit of the
Tribe. There is hereby established in the
Treasury of the United States a fund to be
known as the ‘San Carlos Apache Tribe
Lease Fund’ for such purpose. Interest ac-
cruing to the Fund may be used by the
Tribe for economic and community devel-
opment purposes upon presentation to the
Secretary of a certified copy of a duly en-
acted resolution of the Tribal Council re-
questing distribution and a written budget
approved by the Tribal Council. Such in-
come may thereafter be expended only in
accordance with such budget. Income not
distributed shall be added to principal. The
United States shall not be liable for any
claim or causes of action arising from the
Tribe’s use or expenditure of moneys dis-
tributed from the Fund.
‘‘(v) The lease is not assignable to any
third party, except with the consent of the
Tribe and Phelps Dodge, and with the ap-
proval of the Secretary.
‘‘(vi) Notwithstanding subsection (b)
hereof, section 3706 shall be fully effective
immediately with respect to the CAP water
lease provided for in this subparagraph
and the Secretary shall take all actions au-
thorized by section 3706 necessary for pur-
poses of implementing this subparagraph.
Notwithstanding any other provision of
law, the contract referred to in this sub-
paragraph is ratified and confirmed and
shall be enforceable in United States dis-
trict court. In the event that no lease au-
thorized by this subparagraph is executed,
this subparagraph, notwithstanding any
other provision of law, shall be enforceable
as a lease among the Tribe, the United
States, and Phelps Dodge in the United
States district court, and the Secretary
shall take all action authorized by section
3706 for purposes of implementing this
subparagraph in such an event.
‘‘(F) Any questions regarding the water
claims associated with Phelps Dodge’s use of
the Eagle Creek Wellfield, its diversions of sur-
face water from lower Eagle Creek, the San
Francisco River, Chase Creek, and/or its use of
other water 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, and during the Interim Period,
the Tribe shall not, in any way, impede, restrict, or
sue the United States regarding the passage of
water from the Black River facilities into those por-
tions of the channels of Willow Creek and Eagle
Creek which flow through the Reservation. Phelps
Dodge agrees to limit pumping from the Upper
Eagle Creek Wellfield so that the combination of
water from the Black River facilities and water
pumped from the Upper Eagle Creek Wellfield does
not exceed 22,000 acre feet per year of delivered
water at the Phelps Dodge Lower Eagle Creek
Pump Station below the Reservation. In calculating
the pumping rates allowed under this subparagraph,
transmission losses from Black River and the Upper
Eagle Creek Wellfield shall be estimated, but in no
event shall such transmission losses be more than 10
percent of the Black River or Upper Eagle Creek
Wellfield water. Based on this agreement, the Tribe
shall not, in any way, impede, restrict, or sue Phelps
Dodge regarding the passage of water from the
Phelps Dodge Upper Eagle Creek Wellfield, except
that—
‘‘(A) Phelps Dodge shall pay to the United
States, on behalf of the Tribe, $5,000 per
month, with an annual CPI adjustment from
July 23, 1997, to account for the passage of
such flows; and
‘‘(B) the Tribe and the United States re-
serve the right to challenge Phelps Dodge’s
claims regarding the pumping of groundwater
from the Upper Eagle Creek Wellfield, in ac-
cordance with paragraphs (2)(E) and (3)(F)
above. In the event that a court determines that
Phelps Dodge does not have the right to pump
the Upper Eagle Creek Wellfield, the Tribe will
no longer be subject to the restriction set forth
in this subparagraph regarding the passage of
water from the Wellfield through the Reserva-
tion. Nothing in this subsection shall affect the
rights, if any, that Phelps Dodge might claim
regarding the flow of water in the channel of
Eagle Creek in the absence of this subsection.
‘‘(5) PAST CLAIMS.—The Act does not address
claims relating to Phelps Dodge’s prior occupancy
and operation of the Black River facilities. The
Tribe agrees not to bring any such claims against
the United States. The Tribe also agrees that within
30 days after Phelps Dodge has vacated the Res-
ervation, it shall dismiss with prejudice the suit that
it has filed in Tribal Court against Phelps Dodge
(The San Carlos Apache Tribe v. Phelps Dodge, et
al., Case No. C–97–118), which such dismissal shall
not be considered a decision on the merits, and any
claims that it might assert against Phelps Dodge in
connection with Phelps Dodge’s prior occupancy and
operation of the Black River facilities shall be
brought exclusively in the United States district
court.
‘‘(6) RELATIONSHIP TO SETTLEMENT.—
‘‘(A) The term ‘Agreement’, as defined by
section 3703(2), shall not include Phelps
Dodge.
‘‘(B) Section 3706(j) and section 3705(f)
shall be repealed and shall have no effect.
‘‘(7) RATIFICATION
OF
SETTLEMENT.—The
agreement between the San Carlos Apache Tribe,
the Phelps Dodge Corporation, and the Secretary of
the Interior, as set forth in this subsection, is hereby
ratified and approved.’’.
(g) TECHNICAL AMENDMENT.—Section 3702(a)(3) is
amended by striking ‘‘qualification’’ and inserting ‘‘quan-
tification’’.
SEC. 5004. Paragraph (5) of section 104(c) of the
Marine Mammal Protection Act of 1972 (16 U.S.C.
1374(c)(5)) is amended as follows:
(1) In subparagraph (A), by striking ‘‘, includ-
ing polar bears taken but not imported prior to the
date of enactment of the Marine Mammal Protection
Act Amendments of 1994,’’.
(2) By adding the following new subparagraph
at the end thereof:
‘‘(D) The Secretary of the Interior shall, expedi-
tiously after the expiration of the applicable 30 day period
under subsection (d)(2), issue a permit for the importation
of polar bear parts (other than internal organs) from polar
bears taken in sport hunts in Canada before the date of
enactment of the Marine Mammal Protection Act Amend-
ments of 1994, to each applicant who submits, with the
permit application, proof that the polar bear was legally
harvested in Canada by the applicant. The Secretary shall
issue such permits without regard to the provisions of sub-
paragraphs (A) and (C)(ii) of this paragraph, subsection
(d)(3) of this section, and sections 101 and 102. This sub-
paragraph shall not apply to polar bear parts that were
imported before the effective date of this subparagraph.’’.
CHAPTER 6
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
Public Law 104–208, under the heading ‘‘Health
Education Assistance Loans Program’’ is amended by in-
serting after ‘‘$140,000,000’’ the following: ‘‘: Provided
further, That the Secretary may use up to $499,000 de-
rived by transfer from insurance premiums collected from
guaranteed loans made under title VII of the Public
Health Service Act for the purpose of carrying out section
709 of that Act’’.
ADMINISTRATION FOR CHILDREN AND FAMILIES
CHILDREN AND FAMILIES SERVICES PROGRAMS
Public Law 104–208, under the heading titled ‘‘Chil-
dren and Families Services Programs’’ is amended by in-
serting after the reference to ‘‘part B(1) of title IV’’ the
following: ‘‘and section 1110’’.
OFFICE OF THE SECRETARY
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY
FUND
For expenses necessary to support high priority
health research, $15,000,000, to remain available until ex-
pended: Provided, That the Secretary shall award such
funds on a competitive basis.
DEPARTMENT OF EDUCATION
EDUCATION FOR THE DISADVANTAGED
For additional amounts to carry out subpart 2 of part
A of title I of the Elementary and Secondary Education
Act of 1965, $101,133,000, of which $78,362,000 shall
be for Basic Grants and $22,771,000 shall be for Con-
centration Grants, which shall be allocated, notwithstand-
ing any other provision of law, only to those States, and
counties within those States, that will receive, from funds
available under the Department of Education Appropria-
tions 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
the Secretary of Education shall use these additional
funds to provide those States with 50 percent of the dif-
ference between the allocations they would have received
had the allocations under that Appropriations Act been
calculated entirely on the basis of the 1990 census data
and the allocations under the 1997 Appropriations Act:
Provided further, That if any State’s total allocation under
that Appropriations Act and this paragraph is less than
its 1996 allocation for that subpart, that State shall re-
ceive, under this paragraph, the amount the State would
have received had that allocation been calculated entirely
on the basis of child poverty counts from the 1990 census:
Provided further, That the Secretary shall ratably reduce
the allocations to States under the preceding proviso for
either Basic Grants or 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
Secretary shall allocate, to such counties in each such
State, additional amounts for Basic Grants and Con-
centration Grants that are in the same proportion, respec-
tively, to the total amounts allocated to the State, as the
differences between such counties’ initial allocations for
Basic Grants and Concentration Grants, respectively
(compared to what they would have received had the initial
allocations been calculated entirely on the basis of 1990
census data), are to the differences between the State’s
initial allocations for Basic Grants and Concentration
Grants, respectively (compared to the amounts the State
would have received had the initial allocations been cal-
culated entirely on the basis of 1990 census data): Pro-
vided further, That the funds appropriated under this
paragraph shall become available on July 1, 1997 and
shall remain available through September 30, 1998: Pro-
vided further, That the additional amounts appropriated
under this paragraph shall not be taken into account in
determining State allocations under any other program
administered by the Secretary.
RELATED AGENCY
NATIONAL COMMISSION ON THE COST OF HIGHER
EDUCATION
SALARIES AND EXPENSES
For necessary expenses for the National Commission
on the Cost of Higher Education, $650,000, to remain
available until expended.
GENERAL PROVISIONS, CHAPTER 6
SEC. 6001. Notwithstanding any other provision of
law, fiscal year 1995 funds awarded under State-adminis-
tered 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, which were declared as such during fiscal year
1997, are available to those recipients for obligation until
September 30, 1998: Provided, That for the purposes of
assisting those recipients, the Secretary’s waiver authority
under section 14401 of the Elementary and Secondary
Education Act of 1965 shall be extended to all State-ad-
ministered programs of the Department of Education.
This special waiver authority applies only to funds award-
ed for fiscal years 1995, 1996, and 1997.
SEC. 6002. Notwithstanding any other provision of
law, the Secretary of Education may waive or modify any
statutory or regulatory provision applicable to the student
financial aid programs under title IV of the Higher Edu-
cation Act that the Secretary deems necessary to assist
individuals and other program participants who suffered
financial harm from natural disasters and who, at the time
the disaster struck were operating, residing at, or attend-
ing an institution of higher education, or employed within
these areas on the date which the President declared the
existence of a major disaster (or, in the case of an individ-
ual who is a dependent student, whose parent or step-
parent suffered financial harm from such disaster, and
who resided, or was employed in such an area at that
time): Provided further, That such authority shall be in
effect only for awards for award years 1996–1997 and
1997–1998.
SEC. 6003. None of the funds provided in this Act
or in any other Act making appropriations for fiscal year
1997 may be used to administer or implement in Denver,
Colorado, the Medicare Competitive Pricing/Open Enroll-
ment Demonstration, as titled in the April 1, 1997, Final
Request for Proposals (RFP).
SEC. 6004. EMERGENCY USE OF CHILD CARE FUNDS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, during the period beginning on April 30, 1997,
and ending on July 30, 1997, the Governors of the States
described in paragraph (1) of subsection (b) may, subject
to subsection (c), use amounts received for the provision
of child care assistance or services under the Child Care
and Development Block Grant Act of 1990 (42 U.S.C.
9801 et seq.) to provide emergency child care services to
individuals described in paragraph (2) of subsection (b).
(b) ELIGIBILITY.—
(1) OF
STATES.—A State described in this
paragraph is a State in which the President, pursu-
ant to section 401 of the Robert T. Stafford Disas-
ter 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.
(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 Rob-
ert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121), has deter-
mined that a major disaster exists, or within an
area determined to be eligible for disaster relief
under other Federal law by reason of damage
related to flooding in 1997; and
(B) is involved in unpaid work activities
(including the cleaning, repair, restoration, and
rebuilding of homes, businesses, and schools)
resulting from the flood emergency described in
subparagraph (A).
(c) LIMITATIONS.—
(1) REQUIREMENTS.—With respect to assist-
ance provided to individuals under this section, the
quality, certification and licensure, health and safe-
ty, nondiscrimination, and other requirements appli-
cable under the Federal programs referred to in sub-
section (a) shall apply to child care provided or ob-
tained under this section.
(2) AMOUNT OF FUNDS.—The total amount uti-
lized by each of the States under subsection (a) dur-
ing the period referred to in such subsection shall
not exceed the total amount of such assistance that,
notwithstanding the enactment of this section, would
otherwise have been expended by each such State in
the affected region during such period.
(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 flooding referred to in subsection (b)(2)(A).
EXTENSION OF SSI REDETERMINATION PROVISIONS
SEC. 6005. (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.
CHAPTER 7
CONGRESSIONAL OPERATIONS
SENATE
CONTINGENT EXPENSES OF THE SENATE
SECRETARY OF THE SENATE
(TRANSFER OF FUNDS)
For an additional amount for expenses of the ‘‘Office
of the Secretary of the Senate’’, to carry out the provisions
of section 8 of the Legislative Branch Appropriations Act,
1997, $5,000,000, to remain available until September 30,
2000, to be derived by transfer from funds previously ap-
propriated from fiscal year 1997 funds under the heading
‘‘SENATE’’, subject to the approval of the Committee on
Appropriations.
HOUSE OF REPRESENTATIVES
PAYMENTS TO WIDOWS AND HEIRS OF DECEASED
MEMBERS OF CONGRESS
For payment to Marissa, Sonya, and Frank (III)
Tejeda, children of Frank Tejeda, late a Representative
from the State of Texas, $133,600.
OTHER AGENCY
BOTANIC GARDEN
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses, Botanic Garden’’, $33,500,000, to remain avail-
able until expended, for emergency repair and renovation
of the Conservatory.
GENERAL PROVISIONS, CHAPTER 7
SEC. 7001. Section 105(f) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 61–1(f)) is amended
by adding at the end the following: ‘‘The limitation on the
minimum rate of gross compensation under this sub-
section shall not apply to any member or civilian employee
of the Capitol Police whose compensation is disbursed by
the Secretary of the Senate.’’.
SEC. 7002. (a) Notwithstanding any other provision
of law or regulation, with the approval of the Committee
on Rules and Administration of the Senate, the Sergeant
at Arms and Doorkeeper of the Senate is authorized to
provide additional facilities, services, equipment, and office
space for use by a Senator in that Senator’s State in con-
nection with a disaster or emergency declared by the
President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act. Expenses incurred by the
Sergeant at Arms and Doorkeeper of the Senate under
this section shall be paid from the appropriation account,
within the contingent fund of the Senate, for expenses of
the Office of the Sergeant at Arms and Doorkeeper of the
Senate, upon vouchers signed by the Sergeant at Arms
and Doorkeeper of the Senate with the approval of the
Committee on Rules and Administration of the Senate.
(b) This section is effective on and after the date of
enactment of this Act.
SEC. 7003. (a) Section 2 of Public Law 100–71 (2
U.S.C. 65f) is amended by adding at the end the following:
‘‘(c) Upon the written request of the Secretary of the
Senate, with the approval of the Committee on Appropria-
tions of the Senate, there shall be transferred any amount
of funds available under subsection (a) specified in the re-
quest, but not to exceed $10,000 in any fiscal year, from
the appropriation account (within the contingent fund of
the Senate) for expenses of the Office of the Secretary
of the Senate to the appropriation account for the expense
allowance of the Secretary of the Senate. Any funds so
transferred shall be available in like manner and for the
same purposes as are other funds in the account to which
the funds are transferred.’’.
(b) The amendment made by subsection (a) shall be
effective with respect to appropriations for fiscal years be-
ginning on or after October 1, 1996.
SEC. 7004. The Comptroller General may use avail-
able funds, now and hereafter, to enter into contracts for
the acquisition of severable services for a period that be-
gins in one fiscal year and ends in the next fiscal year
and to enter in multiyear contracts for the acquisition of
property and nonaudit-related services, to the same extent
as executive agencies under the authority of sections 303L
and 304B, respectively, of the Federal Property and Ad-
ministrative Services Act (41 U.S.C. 253l and 254c).
CHAPTER 8
DEPARTMENT OF TRANSPORTATION
COAST GUARD
OPERATING EXPENSES
For an additional amount for ‘‘Operating Expenses’’,
$1,600,000, for necessary expenses directly related to sup-
port activities in the TWA Flight 800 crash investigation,
to remain available until expended.
RETIRED PAY
For an additional amount for ‘‘Retired Pay’’,
$9,200,000.
FEDERAL HIGHWAY ADMINISTRATION
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
For an additional amount for the Emergency Relief
Program for emergency expenses resulting from flooding
and other natural disasters, as authorized by 23 U.S.C.
125, $650,000,000, to be derived from the Highway Trust
Fund and to remain available until expended: Provided,
That the entire amount is designated by the Congress as
an 
emergency 
requirement 
pursuant 
to 
section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That 23 U.S.C. 125(b)(1) shall not apply to projects re-
sulting from the December 1996 and January 1997 flood-
ing in the western States.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The limitation under this heading in Public Law
104–205 is increased by $694,810,534: Provided, That
such additional authority shall remain available during fis-
cal year 1997: Provided further, That notwithstanding any
other provision of law, the authority provided herein above
shall be distributed to ensure that States receive an
amount they would have received had the Highway Trust
Fund fiscal year 1994 income statement not been under-
stated prior to the revision on December 24, 1996: Pro-
vided further, That notwithstanding any other provision of
law, $318,077,043 of the amount provided herein above
shall be distributed to assure that States receive obligation
authority that they would have received had the Highway
Trust Fund fiscal year 1995 income statement not been
revised on December 24, 1996: Provided further, That the
remaining authority provided herein above shall be distrib-
uted to those States whose share of Federal-aid obligation
limitation under section 310 of Public Law 104–205 is
less than the amount such States received under section
310(a) of Public Law 104–50 in fiscal year 1996 in a ratio
equal to the amounts necessary to bring each such State
to the Federal-aid obligation limitation distributed under
section 310(a) of Public Law 104–50.
FEDERAL RAILROAD ADMINISTRATION
EMERGENCY RAILROAD REHABILITATION AND REPAIR
For necessary expenses to repair and rebuild freight
rail lines of regional and short line railroads or a State
entity damaged by floods, $18,900,000, to be awarded
subject to the discretion of the Secretary on a case-by-
case basis: Provided, That up to $900,000 shall be solely
for damage incurred in West Virginia in September 1996
and $18,000,000 shall be solely for damage incurred in
the Northern Plains States in March and April 1997: Pro-
vided further, That funds provided under this head shall
be available for rehabilitation of railroad rights-of-way,
bridges, and other facilities which are part of the general
railroad system of transportation, and primarily used by
railroads to move freight traffic: Provided further, That
railroad rights-of-way, bridges, and other facilities owned
by class I railroads are not eligible for funding under this
head unless the rights-of-way, bridges or other facilities
are under contract lease to a class II or class III railroad
under which the lessee is responsible for all maintenance
costs of the line: Provided further, That railroad rights-
of-way, bridges and other facilities owned by passenger
railroads, or by tourist, scenic, or historic railroads are
not eligible for funding under this head: Provided further,
That these funds shall be available only to the extent an
official budget request, for a specific dollar amount, that
includes designation of the entire amount as an emergency
requirement as defined in the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress: Provided further,
That the entire amount is designated by Congress as an
emergency 
requirement 
pursuant 
to 
section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That all funds made available under this head are to 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-
es of TWA Flight 800, ValuJet Flight 592, and Comair
Flight 3272, and for assistance to families of victims of
aviation accidents as authorized by Public Law 104–264,
$29,859,000, of which $4,877,000 shall remain available
until expended: Provided, 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
Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That notwithstanding any
other provision of law, not more than $10,330,000 shall
be provided by the National Transportation Safety Board
to the Department of the Navy as reimbursement for costs
incurred in connection with recovery of wreckage from
TWA Flight 800 and shall be credited to the appropriation
contained in the Omnibus Consolidated Appropriations
Act, 1997, which is available for the same purpose as the
appropriation originally charged for the expense for which
the reimbursements are received, to be merged with, and
to be available for the same purpose as the appropriation
to which such reimbursements are credited: Provided fur-
ther, That notwithstanding any other provision of law, of
the amount provided to the National Transportation Safe-
ty Board, not more than $6,059,000 shall be made avail-
able to the State of New York and local counties in New
York, as reimbursement for costs incurred in connection
with the crash of TWA Flight 800: Provided further, That
notwithstanding any other provision of law, of the amount
provided, not more than $3,100,000 shall be made avail-
able to Metropolitan Dade County, Florida as reimburse-
ment for costs incurred in connection with the crash of
ValuJet Flight 592: Provided further, That notwithstand-
ing any other provision of law, of the amount provided,
not more than $300,000 shall be made available to Monroe
County, Michigan as reimbursement for costs incurred in
connection with the crash of Comair Flight 3272.
GENERAL PROVISIONS, CHAPTER 8
SEC. 8001. Title I of the Department of Transpor-
tation and Related Agencies Appropriations Act, 1997
(Public Law 104–205) is amended under the heading
‘‘Federal Transit Administration—Discretionary Grants’’
by striking ‘‘$661,000,000’’ and inserting ‘‘$661,000’’.
SEC. 8002. Section 325 of title III of the Department
of Transportation and Related Agencies Appropriations
Act, 1997 (Public Law 104–205) is amended by deleting
all text following: ‘‘Provided, That such funds shall not
be subject to the obligation limitation for Federal-aid
highways and highway safety construction.’’.
SEC. 8003. Section 410(j) of title 23, United States
Code, is amended by striking the period after ‘‘1997’’ and
inserting ‘‘, and an additional $500,000 for fiscal year
1997.’’.
SEC. 8004. Section 30308(a) of title 49, United
States Code, is amended by striking ‘‘and 1996’’ and in-
serting ‘‘, 1996, and 1997’’.
CHAPTER 9
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
For an additional amount under the heading ‘‘De-
partmental Offices, Salaries and Expenses’’, $1,950,000:
Provided, That the Secretary of the Treasury may utilize
the law enforcement services, personnel, equipment, and
facilities of the State of Colorado, the County of Denver,
and the City of Denver, with their consent, and shall reim-
burse the State of Colorado, the County of Denver, and
the City of Denver for the utilization of such law enforce-
ment services, personnel (for salaries, overtime, and bene-
fits), equipment, and facilities for security arrangements
for the Denver Summit of Eight being held June 20
through June 22, 1997, in Denver, Colorado subject to
verification of appropriate costs.
COUNTER-TERRORISM AND DRUG LAW
ENFORCEMENT
DEPARTMENT OF THE TREASURY
UNITED STATES CUSTOMS SERVICE
SALARIES AND EXPENSES
Of the funds made available under this heading in
Public Law 104–208, $16,000,000 shall be available until
September 30, 1998 to develop further the Automated
Targeting System.
U.S. POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For an additional amount for the Postal Service
Fund for revenue forgone on free and reduced rate mail,
pursuant to subsection (d) of section 2401 of title 39,
United States Code, $5,383,000.
GENERAL PROVISIONS, CHAPTER 9
SEC. 9001. The Administrator of General Services is
authorized to obligate the funds appropriated in Public
Law 104–208 for construction of the Montgomery, Ala-
bama courthouse.
SEC. 9002. None of the funds appropriated or made
available in this Act or any other Act may be used by the
General Services Administration to implement section
1555 of the Federal Acquisition Streamlining Act of 1994
(Public Law 103–355) prior to the date of adjournment
of the first session of the 105th Congress.
SEC. 9003. (a) The Bureau of Engraving and Print-
ing and the Department of the Treasury shall not award
a contract for Solicitation No. BEP–97–13(TN) or Solici-
tation No. BEP–96–13(TN) until the General Accounting
Office (GAO) has completed a comprehensive analysis of
the optimum circumstances for government procurement
of distinctive currency paper. The GAO shall report its
findings to the House and Senate Committees on Appro-
priations no later than August 1, 1998.
(b) The contractual term of the distinctive currency
paper ‘‘bridge’’ contract shall not exceed 24 months, and
the contract shall not be effective until the Secretary of
the Department of the Treasury certifies that the price
under the terms of any ‘‘bridge’’ contract is fair and rea-
sonable and that the terms of any ‘‘bridge’’ contract are
customary and appropriate according to Federal procure-
ment regulations. In addition, the Secretary of the Treas-
ury shall report to the Committees on Appropriations on
the price and profit levels of any ‘‘bridge’’ contract at the
time of certification.
SEC. 9004. (a) Chapter 63 of title 5, United States
Code, is amended by adding after subchapter V the 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
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.
‘‘(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.’’.
CHAPTER 10
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
For an additional amount for ‘‘Compensation and
pensions’’, $928,000,000, to remain available until ex-
pended.
ADMINISTRATIVE PROVISION
The Secretary of Veterans Affairs may carry out the
construction of a multi-story parking garage at the De-
partment of Veterans Affairs medical center in Cleveland,
Ohio, in the amount of $12,300,000, and there is author-
ized to be appropriated for fiscal year 1997 for the Park-
ing Revolving 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
Public Law 102–139, for a parking garage in Ashland,
Kentucky, $500,000 shall be made available instead for
use in acquiring parking in Ashland, Kentucky and
$500,000 shall be made available instead for the restora-
tion of the Paramount Theater in Ashland, Kentucky.
PRESERVING EXISTING HOUSING INVESTMENT
For an additional amount for ‘‘Preserving existing
housing investment’’, to be made available for use in 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,
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.
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 Op-
portunity for People Everywhere Grants account: Pro-
vided, That at least $10,000,000 of the funding under this
head be used in rural areas, including tribal areas.
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANTS FUND
For an additional amount for ‘‘Community develop-
ment block grants fund’’, as authorized under title I of
the Housing and Community Development Act of 1974,
$500,000,000, of which $250,000,000 shall become avail-
able for obligation on October 1, 1997, all of which shall
remain available until September 30, 2000, for use only
for buyouts, relocation, long-term recovery, and mitigation
in communities affected by the flooding in the upper Mid-
west and other disasters in fiscal year 1997 and such nat-
ural disasters designated 30 days prior to the start of fis-
cal year 1997, except those activities reimbursable or for
which funds are made available by the Federal Emergency
Management Agency, the Small Business Administration,
or the Army Corps of Engineers: Provided, That in admin-
istering these amounts, the Secretary may waive, or speci-
fy alternative requirements for, any provision of any stat-
ute or regulation that the Secretary administers in connec-
tion with the obligation by the Secretary or the use by
the recipient of these funds, except for statutory require-
ments 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 grants funds in conjunc-
tion with any program administered by the Director of the
Federal Emergency Management Agency for buyouts for
structures in disaster areas: Provided further, That for any
funds under this head used for buyouts in conjunction
with any program administered by the Director of the
Federal Emergency 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 disbursements and uses
of funds for or associated with buyouts: Provided further,
That for purposes of disasters eligible under this head the
Secretary of Housing and Urban Development may waive,
on a case-by-case basis and upon such other terms as the
Secretary may specify, in whole or in part, the require-
ments that activities benefit persons of low- and moderate-
income pursuant to section 122 of the Housing and Com-
munity Development Act of 1974, and may waive, in whole
or in part, the requirements that housing qualify as af-
fordable housing pursuant to section 290 of the HOME
Investment Partnerships Act: Provided further, That the
entire amount 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
defined by the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the en-
tire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
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 enter into a contract with the National Acad-
emy of Public Administration not to exceed $1,000,000
no later than one month after enactment of this Act for
an evaluation of the Department of Housing and Urban
Development’s management systems.
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.
STATE AND TRIBAL ASSISTANCE GRANTS
The funds appropriated in Public Law 104–204 to
the Environmental Protection Agency under this heading
for grants to States and federally recognized tribes for
multi-media or single media pollution prevention, control,
and abatement and related activities, $674,207,000, may
also be used for the direct implementation by the Federal
Government of a program required by law in the absence
of an acceptable State or tribal program.
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
For an additional amount for ‘‘Disaster relief ’’,
$3,300,000,000, to remain available until expended: Pro-
vided, That $2,300,000,000 shall become available for ob-
ligation on September 30, 1997, but 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 avail-
able under this heading, up to $20,000,000 may be trans-
ferred to the Disaster Assistance Direct Loan Program
for the cost of direct loans as authorized under section
417 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.): Provided
further, That such transfer may be made to subsidize gross
obligations for the principal amount of direct loans not
to exceed $21,000,000 under section 417 of the Stafford
Act: Provided further, That any such transfer of funds
shall be made only upon certification by the Director of
the Federal Emergency Management Agency that all re-
quirements of section 417 of the Stafford Act will be com-
plied with: Provided further, That the entire amount ap-
propriated herein shall be available only to the extent that
an official budget request for a specific dollar amount,
that includes designation of the entire amount of the re-
quest as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to Congress:
Provided further, That the entire amount appropriated
herein is designated by Congress as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
GENERAL PROVISIONS, CHAPTER 10
SEC. 10001. The Secretary shall submit semi-annu-
ally to the Committees on Appropriations a list of all con-
tracts and task orders issued under such contracts in ex-
cess of $250,000 which were entered into during the prior
6-month period by the Secretary, the Government Na-
tional Mortgage Association, and the Office of Federal
Housing Enterprise Oversight (or by any officer of the De-
partment 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
100
and amount of the contract, and the subject matter and
responsibilities of the parties to the contract.
SEC. 10002. Section 8(c)(9) of the United States
Housing Act of 1937 is amended by striking out ‘‘Not less
than one year prior to terminating any contract’’ and in-
serting in lieu thereof: ‘‘Not less than 180 days prior to
terminating any contract’’.
SEC. 10003. The first sentence of section 542(c)(4)
of the 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 there-
of: ‘‘on not more than 12,000 units during fiscal year
1996 and not more than an additional 7,500 units during
fiscal year 1997’’.
SEC. 10004. Section 4(a) and (b)(3) of the HUD
Demonstration Act of 1993 is amended by inserting after
‘‘National Community Development Initiative’’: ‘‘, Local
Initiatives Support Corporation, The Enterprise Founda-
tion, Habitat for Humanity, and Youthbuild USA’’.
SEC. 10005. Section 234(c) of the National Housing
Act is amended by inserting after ‘‘203(b)(2)’’ the follow-
ing: ‘‘or pursuant to section 203(h) under the conditions
described in section 203(h)’’.
SEC. 10006. Section 211(b)(4)(B) of the Depart-
ments of Veterans Affairs and Housing and Urban Devel-
101
opment, and Independent Agencies Appropriations Act,
1997 (Public Law 104–204) is amended by inserting the
following at the end: ‘‘The term ‘owner’, as used in this
subparagraph, in addition to it having the same meaning
as in section 8(f) of the United States Housing Act of
1937, also means an affiliate of the owner. The term ‘affil-
iate of the owner’ means any person or entity (including,
but not limited to, a general partner or managing member,
or an officer of either) that controls an owner, is controlled
by an owner, or is under common control with the owner.
The term ‘control’ means the direct or indirect power
(under contract, equity ownership, the right to vote or de-
termine a vote, or otherwise) to direct the financial, legal,
beneficial, or other interests of the owner.’’.
CHAPTER 11
OFFSETS AND RESCISSIONS
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
FUND FOR RURAL AMERICA
Of the funds provided on January 1, 1997 for section
793 of Public Law 104–127, Fund for Rural America, not
more than $80,000,000 shall be available.
102
FOOD AND CONSUMER SERVICE
THE EMERGENCY FOOD ASSISTANCE PROGRAM
Notwithstanding section 27(a) of the Food Stamp
Act, the amount specified for allocation under such section
for fiscal year 1997 shall be $80,000,000.
FOREIGN AGRICULTURAL SERVICE AND GENERAL SALES
MANAGER
EXPORT CREDIT
None of the funds made available in the Agriculture,
Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1997, Public Law
104–180, may be used to pay the salaries and expenses
of personnel to carry out a combined program for export
credit guarantees, supplier credit guarantees, and emerg-
ing democracies facilities guarantees at a level which ex-
ceeds $3,500,000,000.
EXPORT ENHANCEMENT PROGRAM
None of the funds appropriated or otherwise made
available in Public Law 104–180 shall be used to pay the
salaries and expenses of personnel to carry out an export
enhancement program if the aggregate amount of funds
and/or 
commodities 
under 
such 
program 
exceeds
$10,000,000.
103
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.
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.
104
DEPARTMENT OF COMMERCE
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
INDUSTRIAL TECHNOLOGY SERVICES
(RESCISSION)
Of the unobligated balances available under this
heading 
for 
the 
Advanced 
Technology 
Program,
$7,000,000 are rescinded.
RELATED AGENCIES
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this
heading, $1,000,000 are rescinded.
OUNCE OF PREVENTION COUNCIL
(RESCISSION)
Of the amounts made available under this heading
in Public Law 104–208, $1,000,000 are rescinded.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY, RESEARCH AND DEVELOPMENT
ACTIVITIES
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–206 and prior years’ Energy and Water
Development Appropriations Acts, $11,180,000 are re-
scinded.
105
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.
POWER MARKETING ADMINISTRATIONS
CONSTRUCTION, REHABILITATION, OPERATION AND
MAINTENANCE, WESTERN AREA POWER ADMINISTRATION
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–206 and prior years’ Energy and Water
Development Appropriations Acts, $11,352,000 are re-
scinded.
106
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
ADMINISTRATION FOR CHILDREN AND FAMILIES
JOB OPPORTUNITIES AND BASIC SKILLS
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, there is rescinded an amount equal
to the total of the funds within each State’s limitation for
fiscal year 1997 that are not necessary to pay such State’s
allowable claims for such fiscal year.
Section 403(k)(3)(F) of the Social Security Act (as
in effect on October 1, 1996) is amended by adding after
the ‘‘,’’ the following: ‘‘reduced by an amount equal to the
total of those funds that are within each State’s limitation
for fiscal year 1997 that are not necessary to pay such
State’s allowable claims for such fiscal year (except that
such amount for such year shall be deemed to be
$1,000,000,000 for the purpose of determining the
amount of the payment under subsection (1) to which each
State is entitled),’’.
107
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the unobligated balances authorized under 49
U.S.C. 48103 as amended, $750,000,000 are rescinded.
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, $13,000,000 are rescinded.
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
activities under 49 U.S.C. 5309(m)(A) and (C),
$588,000,000 are rescinded.
108
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.
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 sec-
tion 8 reserves made available to housing agencies for ten-
ant-based assistance under the section 8 existing housing
certificate and housing voucher programs: Provided fur-
ther, That all additional section 8 reserve funds of an
amount not less than $2,150,000,000 and any recaptures
(other than funds already designated for other uses) speci-
fied in section 214 of Public Law 104–204 shall be pre-
served under the head ‘‘Section 8 Reserve Preservation
Account’’ for use in extending section 8 contracts expiring
in fiscal year 1998 and thereafter: Provided further, That
109
the Secretary may recapture less than $5,800,000,000
and reserve less than $2,150,000,000 where the Secretary
determines that insufficient section 8 funds are available
for current fiscal year contract obligations: Provided fur-
ther, That the Comptroller General of the United States
shall conduct an audit of all accounts of the Department
of Housing and Urban Development to determine whether
the Department’s systems for budgeting and accounting
for section 8 rental assistance ensure that unexpended
funds do not reach unreasonable levels and that obliga-
tions are spent in a timely manner.
INDEPENDENT AGENCY
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
NATIONAL AERONAUTICS FACILITIES
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–327, $365,000,000 are rescinded.
FUNDS APPROPRIATED TO THE PRESIDENT
UNANTICIPATED NEEDS
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–211 to NASA for ‘‘Space flight, control,
and data communications’’, $4,200,000 are rescinded.
110
TITLE III
GENERAL PROVISIONS—THIS ACT
SEC. 30001. No part of any appropriation contained
in this Act shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
BUY-AMERICAN REQUIREMENTS
SEC. 30002. (a) COMPLIANCE WITH BUY AMERICAN
ACT.—None of the funds made available in this Act may
be expended by an entity unless the entity agrees that in
expending the funds the entity will comply with the Buy
American Act (41 U.S.C. 10a–10c).
(b) SENSE OF CONGRESS; REQUIREMENT 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
111
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
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.
SEC. 30003. The Office of Management and Budget
is directed to work with Federal agencies, as appropriate,
to support the extension and revision of Federal grants,
contracts, and cooperative agreements at universities af-
fected by flooding in designated Federal disaster areas
where work on such grants, contracts, and cooperative
agreements was suspended as a result of the flood disas-
ter.
112
TITLE IV—COST OF HIGHER EDUCATION
REVIEW
SEC. 40001. SHORT TITLE; FINDINGS.
(a) SHORT TITLE.—This title may be cited as the
‘‘Cost of Higher Education Review Act of 1997’’.
(b) FINDINGS.—The Congress finds the following:
(1) According to a report issued by the General
Accounting Office, tuition at 4-year public colleges
and universities increased 234 percent from school
year 1980–1981 through school year 1994–1995,
while median household income rose 82 percent and
the cost of consumer goods as measured by the
Consumer Price Index rose 74 percent over the same
time period.
(2) A 1995 survey of college freshmen found
that concern about college affordability was the
highest it has been in the last 30 years.
(3) Paying for a college education now ranks as
one of the most costly investments for American
families.
SEC. 40002. ESTABLISHMENT OF NATIONAL COMMISSION
ON THE COST OF HIGHER EDUCATION.
There is established a Commission to be known as
the ‘‘National Commission on the Cost of Higher Edu-
113
cation’’ (hereafter in this title referred to as the ‘‘Commis-
sion’’).
SEC. 40003. MEMBERSHIP OF COMMISSION.
(a) APPOINTMENT.—The Commission shall be com-
posed of 11 members as follows:
(1) Three individuals shall be appointed by the
Speaker of the House.
(2) Two individuals shall be appointed by the
Minority Leader of the House.
(3) Three individuals shall be appointed by the
Majority Leader of the Senate.
(4) Two individuals shall be appointed by the
Minority Leader of the Senate.
(5) One individual shall be appointed by the
Secretary of Education.
(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 Chairperson and
114
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-
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
115
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
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. 40004. 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.
116
(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.
(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
117
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.
(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-
118
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.
(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. 40005. 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.
119
(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-
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
120
(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
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
121
number, classification, and General Schedule rates) of an
Executive Director, and of such additional staff as the
Chairperson deems advisable to assist the Commission, at
rates not to exceed a rate equal to the maximum rate for
level IV of the Executive Schedule under section 5332 of
such title.
SEC. 40006. FUNDING OF COMMISSION.
There is authorized to be appropriated for fiscal year
1997 for carrying out this title, $650,000, to remain avail-
able until expended, or until one year after the termination
of the Commission pursuant to section 40007, whichever
occurs first.
SEC. 40007. TERMINATION OF COMMISSION.
The Commission shall cease to exist on the date that
is 60 days after the date on which the Commission is re-
quired to submit its final report in accordance with section
40004(b).
TITLE V—DEPOSITORY INSTITUTION DISASTER
RELIEF
SEC. 50001. SHORT TITLE.
This title may be cited as the ‘‘Depository Institu-
tions Disaster Relief Act of 1997’’.
122
SEC. 50002. 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.
123
(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. 50003. 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
124
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.
125
(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.
126
SEC. 50004. 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.
127
(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;
128
(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. 50005. SENSE OF THE CONGRESS.
(a) FINANCIAL SERVICES.—It is the sense of the
Congress that the Board of Governors of the Federal Re-
serve System, the Comptroller of the Currency, the Direc-
tor of the Office of Thrift Supervision, the Federal De-
posit Insurance Corporation, and the National Credit
Union Administration should encourage depository insti-
tutions to meet the financial services needs of their com-
munities and customers located in areas affected by the
1997 flooding of the Red River of the North, the Min-
nesota River, and the tributaries of such rivers.
(b) APPRAISAL STANDARDS.—It is the sense of the
Congress that each Federal financial institutions regu-
latory agency should, by regulation or order, make excep-
tions to the appraisal standards prescribed by title XI of
the Financial Institutions Reform, Recovery, and Enforce-
ment Act of 1989 (12 U.S.C. 3331 et seq.) for trans-
actions involving institutions for which the agency is the
primary Federal regulator with respect to real property
129
located within a disaster area pursuant to section 1123
of the Financial Institutions Reform, Recovery, and En-
forcement Act of 1989 (12 U.S.C. 3352), if the agency
determines that the exceptions can reasonably be expected
to alleviate hardships to the public resulting from such dis-
aster that outweigh possible adverse effects.
SEC. 50006. OTHER AUTHORITY NOT AFFECTED.
No provision of this title shall be construed as limit-
ing the authority of any department or agency under any
other provision of law.
TITLE VI—TECHNICAL AMENDMENTS WITH
RESPECT TO EDUCATION
SEC. 60001. TECHNICAL AMENDMENTS RELATING TO DIS-
CLOSURES REQUIRED WITH RESPECT TO
GRADUATION RATES.
(a) AMENDMENTS.—Section 485 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1092) is amended—
(1) in subsection (a)(3)(B), by striking ‘‘June
30’’ and inserting ‘‘August 31’’; and
(2) in subsection (e)(9), by striking ‘‘August
30’’ and inserting ‘‘August 31’’.
(b) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by subsection (a)
are effective upon enactment.
130
(2) INFORMATION DISSEMINATION.—No institu-
tion shall be required to comply with the amendment
made by subsection (a)(1) before July 1, 1998.
SEC. 60002. DATE EXTENSION.
Section 1501(a)(4) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6491(a)(4)) is amended
by striking ‘‘January 1, 1998’’ and inserting ‘‘January 1,
1999’’.
SEC. 60003. TIMELY FILING OF NOTICE.
Notwithstanding any other provision of law, the Sec-
retary of Education shall deem Kansas and New Mexico
to have timely submitted under section 8009(c)(1) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7709(c)(1)) the States’ written notices of intent
to consider payments described in section 8009(b)(1) of
the Act (20 U.S.C. 7709(b)(1)) in providing State aid to
local educational agencies for school year 1997–1998, ex-
cept that the Secretary may require the States to submit
such additional information as the Secretary may require,
which information shall be considered part of the notices.
SEC. 60004. HOLD HARMLESS PAYMENTS.
Section 8002(h)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(h)(1)) is amend-
ed—
131
(1) in subparagraph (A), by striking ‘‘or’’ after
the semicolon;
(2) in subparagraph (B), by striking the period
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(C) for fiscal year 1997 and each suc-
ceeding fiscal year through fiscal year 2000
shall not be less than 85 percent of the amount
such agency received for fiscal year 1996 under
subsection (b).’’.
SEC. 60005. DATA.
(a) IN GENERAL.—Section 8003(f)(4) of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
7703(f)(4)) is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘expenditure,’’ after ‘‘rev-
enue,’’; and
(B) by striking the semicolon and inserting
a period;
(2) by striking ‘‘the Secretary’’ and all that fol-
lows through ‘‘shall use’’ and inserting ‘‘the Sec-
retary shall use’’; and
(3) by striking subparagraph (B).
132
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply with respect to fiscal years after
fiscal year 1997.
SEC. 60006. PAYMENTS RELATING TO FEDERAL PROPERTY.
Section 8002(i) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(i)) is amended
to read as follows:
‘‘(i) PRIORITY PAYMENTS.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(b)(1)(B), and for any fiscal year beginning with fis-
cal year 1997 for which the amount appropriated to
carry out this section exceeds the amount so appro-
priated for fiscal year 1996—
‘‘(A) the Secretary shall first use the ex-
cess amount (not to exceed the amount equal to
the difference of (i) the amount appropriated to
carry out this section for fiscal year 1997, and
(ii) the amount appropriated to carry out this
section for fiscal year 1996) to increase the
payment that would otherwise be made under
this section to not more than 50 percent of the
maximum amount determined under subsection
(b) for any local educational agency described
in paragraph (2); and
133
‘‘(B) the Secretary shall use the remainder
of the excess amount to increase the payments
to each eligible local educational agency under
this section.
‘‘(2) 
LOCAL
EDUCATIONAL
AGENCY
DE-
SCRIBED.—A local educational agency described in
this paragraph is a local educational agency that—
‘‘(A) received a payment under this section
for fiscal year 1996;
‘‘(B) serves a school district that contains
all or a portion of a United States military
academy;
‘‘(C) serves a school district in which the
local tax assessor has certified that at least 60
percent of the real property is federally owned;
and
‘‘(D) demonstrates to the satisfaction of
the Secretary that such agency’s per-pupil reve-
nue derived from local sources for current ex-
penditures is not less than that revenue for the
preceding fiscal year.’’.
SEC. 60007. TIMELY FILING UNDER SECTION 8003.
The Secretary of Education shall treat as timely filed,
and shall process for payment, an amendment to an appli-
cation for a fiscal year 1997 payment from a local edu-
134
cational agency under section 8003 of the Elementary and
Secondary Education Act of 1965 if—
(1) that agency is described in subsection (a)(3)
of that section, as amended by section 376 of the
National Defense Authorization Act for Fiscal Year
1997 (Public Law 104–201);
(2) that agency was not described in that sub-
section prior to that amendment; and
(3) the Secretary received the amendment to
the agency’s application prior to the enactment of
this Act.
TITLE VII—FOOD STAMP PROGRAM
STATE OPTION TO ISSUE FOOD STAMP BENEFITS TO
CERTAIN INDIVIDUALS MADE INELIGIBLE BY WEL-
FARE REFORM
(a) IN GENERAL.—Section 7 of the Food Stamp Act
of 1977 (7 U.S.C. 2016) is amended—
(1) in subsection (a), by inserting after ‘‘nec-
essary, and’’ the following: ‘‘(except as provided in
subsection (j))’’; and
(2) by adding at the end the following:
‘‘(j) STATE OPTION TO ISSUE BENEFITS TO CERTAIN
INDIVIDUALS
MADE
INELIGIBLE
BY
WELFARE
RE-
FORM.—
135
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, a State agency may, with the ap-
proval of the Secretary, issue benefits under this Act
to an individual who is ineligible to participate in the
food stamp program solely as a result of section
6(o)(2) of this Act or section 402 or 403 of the Per-
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1612 or 1613).
‘‘(2) STATE PAYMENTS TO SECRETARY.—
‘‘(A) IN
GENERAL.—Not later than the
date the State agency issues benefits to individ-
uals under this subsection, the State agency
shall pay the Secretary, in accordance with pro-
cedures established by the Secretary, an
amount that is equal to—
‘‘(i) the value of the benefits; and
‘‘(ii) the costs of printing, shipping,
and redeeming coupons, and other Federal
costs, incurred in providing the benefits, as
determined by the Secretary.
‘‘(B) CREDITING.—Notwithstanding sec-
tion 3302(b) of title 31, United States Code,
payments received under subparagraph (A)
shall be credited to the food stamp program ap-
propriation account or the account from which
136
the costs were drawn, as appropriate, for the
fiscal year in which the payment is received.
‘‘(3) REPORTING.—To be eligible to issue bene-
fits under this subsection, a State agency shall com-
ply with reporting requirements established by the
Secretary to carry out this subsection.
‘‘(4) PLAN.—To be eligible to issue benefits
under this subsection, a State agency shall—
‘‘(A) submit a plan to the Secretary that
describes the conditions and procedures under
which the benefits will be issued, including eligi-
bility standards, benefit levels, and the meth-
odology the State agency will use to determine
amounts due the Secretary under paragraph
(2); and
‘‘(B) obtain the approval of the Secretary
for the plan.
‘‘(5) VIOLATIONS.—A sanction, disqualification,
fine, or other penalty prescribed under Federal law
(including sections 12 and 15) shall apply to a viola-
tion committed in connection with a coupon issued
under this subsection.
‘‘(6) INELIGIBILITY FOR ADMINISTRATIVE RE-
IMBURSEMENT.—Administrative and other costs in-
curred in issuing a benefit under this subsection
137
shall not be eligible for Federal funding under this
Act.
‘‘(7) EXCLUSION
FROM
ENHANCED
PAYMENT
ACCURACY SYSTEMS.—Section 16(c) shall not apply
to benefits issued under this subsection.’’.
(b) 
CONFORMING
AMENDMENTS.—Section
17(b)(1)(B)(iv) of the Food Stamp Act of 1977 (7 U.S.C.
2026(b)(1)(B)(iv)) is amended—
(1) in subclause (V), by striking ‘‘or’’ at the
end;
(2) in subclause (VI), by striking the period at
the end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(VII) waives a provision of sec-
tion 7(j).’’.
TITLE VIII—2000 DECENNIAL CENSUS
The Department of Commerce is directed within thir-
ty days of enactment of this Act to provide to the Congress
a comprehensive and detailed plan outlining its proposed
methodologies for conducting the 2000 decennial Census
and available methods to conduct an actual enumeration
of the population. This plan description shall specifically
include:
(1) a list of all statistical methodologies that
may be used in conducting the Census;
138
(2) an explanation of these statistical meth-
odologies;
(3) a list of statistical errors which may occur
as a result of the use of each statistical methodol-
ogy;
(4) the estimated error rate down to the census
tract level;
(5) a cost estimation showing cost allocations
for each census activity plan; and
(6) an analysis of all available options for
counting hard-to-enumerate individuals, without uti-
lizing sampling or any other statistical methodology,
including efforts like the Milwaukee Complete Count
project. The Department of Commerce is also di-
rected within thirty days of enactment of this Act to
provide to the Congress an estimate and explanation
of the error rate at the census block level based
upon the 1995 test data.
This Act may be cited as the ‘‘1997 Emergency Sup-
plemental Appropriations Act for Recovery from Natural
Disasters, and for Overseas Peacekeeping Efforts, Includ-
ing Those in Bosnia’’.
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