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forms and allowances therefor, as authorized by 5 U.S.C.
5901–02; not to exceed $600,000 for land and structure;
not to exceed $500,000 for improvement and care of
grounds and repair to buildings; not to exceed $4,000 for
official reception and representation expenses; purchase
(not to exceed sixteen) and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109;
$185,619,000, of which not to exceed $300,000 shall re-
main available until September 30, 1998, for research and
policy studies: Provided, That $126,400,000 of offsetting
collections shall be assessed and collected pursuant to sec-
tion 9 of title I of the Communications Act of 1934, as
amended, and shall be retained and used for necessary ex-
penses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein ap-
propriated shall be reduced as such offsetting collections
are received during fiscal year 1997 so as to result in a
final fiscal year 1997 appropriation estimated at
$59,219,000: Provided further, That any offsetting collec-
tions received in excess of $126,400,000 in fiscal year
1997 shall remain available until expended, but shall not
be available for obligation until October 1, 1997: Provided
further, That none of the funds appropriated by this Act
shall be used to deny or delay action on a license, license
transfer or assignment, or license renewal for any religious
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or religiously affiliated entity on the basis that its recruit-
ment or hiring of full or part time employees for any posi-
tion at a broadcast facility licensed to such entity is or
was limited to persons of a particular religion or having
particular religious knowledge, training, or interests: Pro-
vided further, That the preceding proviso shall not apply
with respect to any appeal from a decision of any adminis-
trative law judge rendered on September 15, 1995.
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime
Commission as authorized by section 201(d) of the Mer-
chant Marine Act of 1936, as amended (46 App. U.S.C.
1111), including services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); and uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901–02; $11,000,000: Provided,
That not to exceed $2,000 shall be available for official
reception and representation expenses.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Com-
mission, including uniforms or allowances therefor, as au-
thorized by 5 U.S.C. 5901–5902; services as authorized
by 5 U.S.C. 3109; hire of passenger motor vehicles; and
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not to exceed $2,000 for official reception and representa-
tion expenses; $85,930,000: Provided, That not to exceed
$300,000 shall be available for use to contract with a per-
son or persons for collection services in accordance with
the terms of 31 U.S.C. 3718, as amended: Provided fur-
ther, That notwithstanding any other provision of law, not
to exceed $58,905,000 of offsetting collections derived
from fees collected for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of
1976 (15 U.S.C. 18(a)) shall be retained and used for nec-
essary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the General Fund shall be re-
duced as such offsetting collections are received during fis-
cal year 1997, so as to result in a final fiscal year 1997
appropriation from the General Fund estimated at not
more than $27,025,000, to remain available until ex-
pended: Provided further, That any fees received in excess
of $58,905,000 in fiscal year 1997 shall remain available
until expended, but shall not be available for obligation
until October 1, 1997: Provided further, That none of the
funds made available to the Federal Trade Commission
shall be available for obligation for expenses authorized
by section 151 of the Federal Deposit Insurance Corpora-
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tion Improvement Act of 1991 (Public Law 102–242, 105
Stat. 2282–2285).
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to
carry out the purposes of the Legal Services Corporation
Act of 1974, as amended, $141,000,000 (increased by
$109,000,000), of which $134,575,000 (increased by
$109,000,000) is for basic field programs and required
independent audits; $1,125,000 is for the Office of the In-
spector General, of which such amounts as may be nec-
essary may be used to conduct additional audits of recipi-
ents; and $5,300,000 is for management and administra-
tion.
ADMINISTRATIVE PROVISIONS—LEGAL SERVICES
CORPORATION
SEC. 501. (a) CONTINUATION OF COMPETITIVE SE-
LECTION PROCESS.—None of the funds appropriated in
this Act to the Legal Services Corporation may be used
to provide financial assistance to any person or entity ex-
cept through a competitive selection process conducted in
accordance with regulations promulgated by the Corpora-
tion in accordance with the criteria set forth in subsections
(c), (d), and (e) of section 503 of Public Law 104–134
(110 Stat. 1321–130 et seq.).
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(b) INAPPLICABILITY OF NONCOMPETITIVE PROCE-
DURES.—For purposes of the funding provided in this
Act, rights under sections 1007(a)(9) and 1011 of the
Legal Services Corporation Act (42 U.S.C. 2996f(a)(9)
and 42 U.S.C. 2996j) shall not apply.
SEC. 502. (a) CONTINUATION OF REQUIREMENTS
AND RESTRICTIONS.—None of the funds appropriated in
this Act to the Legal Services Corporation shall be ex-
pended for any purpose prohibited or limited by, or con-
trary to any of the provisions of—
(1) sections 501, 502, 505, 506, and 507 of
Public Law 104–134 (101 Stat. 1321–127 et seq.),
and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same
terms and conditions as set forth in such sections,
except that all references in such sections to 1995
and 1996 shall be deemed to refer instead to 1996
and 1997, respectively; and
(2) section 504 of Public Law 104–134 (101
Stat. 1321–132 et seq.), and all funds appropriated
in this Act to the Legal Services Corporation shall
be subject to the same terms and conditions set
forth in such section, except that—
(A) subsection (c) of such section 504 shall
not apply;
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(B) paragraph (3) of section 508(b) of
Public Law 104–134 (101 Stat. 1321–147)
shall apply with respect to the requirements of
subsection (a)(13) of such section 504, except
that all references in such section 508(b) to the
date of enactment shall be deemed to refer to
April 26, 1996; and
(C) subsection (a)(11) of such section 504
shall not be construed to prohibit a recipient
from using funds derived from a source other
than the Corporation to provide related legal
assistance to—
(i) an alien who has been battered or
subjected to extreme cruelty in the United
States by a spouse or a parent, or by a
member of the spouse’s or parent’s family
residing in the same household as the alien
and the spouse or parent consented or ac-
quiesced to such battery or cruelty; or
(ii) an alien whose child has been bat-
tered or subjected to extreme cruelty in the
United States by a spouse or parent of the
alien (without the active participation of
the alien in the battery or extreme cru-
elty), or by a member of the spouse’s or
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parent’s family residing in the same house-
hold as the alien and the spouse or parent
consented or acquiesced to such battery or
cruelty, and the alien did not actively par-
ticipate in such battery or cruelty.
(b) DEFINITIONS.—For purposes of subsection
(a)(2)(C):
(1) The term ‘‘battered or subjected to extreme
cruelty’’ has the meaning given such term under reg-
ulations issued pursuant to subtitle G of the Vio-
lence Against Women Act of 1994 (Pub. L. 103–
322; 108 Stat. 1953).
(2) The term ‘‘related legal assistance’’ means
legal assistance directly related to the prevention of,
or obtaining of relief from, the battery or cruelty de-
scribed in such subsection.
SEC. 503. (a) CONTINUATION OF AUDIT REQUIRE-
MENTS.—The requirements of section 509 of Public Law
104–134 (101 Stat. 1321–146 et seq.), other than sub-
section (l) of such section, shall apply during fiscal year
1997.
(b) REQUIREMENT OF ANNUAL AUDIT.—An annual
audit of each person or entity receiving financial assist-
ance from the Legal Services Corporation under this Act
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shall be conducted during fiscal year 1997 in accordance
with the requirements referred to in subsection (a).
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Com-
mission as authorized by title II of Public Law 92–522,
as amended, $975,000.
NATIONAL BANKRUPTCY REVIEW COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Bankruptcy
Review Commission, as authorized by the Bankruptcy Re-
form Act of 1994, $500,000 (reduced by $10,000).
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Ex-
change Commission, including services as authorized by
5 U.S.C. 3109, the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, and
not to exceed $3,000 for official reception and representa-
tion expenses, $277,021,000 (reduced by $25,000,000), of
which not to exceed $10,000 may be used toward funding
a permanent secretariat for the International Organiza-
tion of Securities Commissions, and of which not to exceed
$100,000 shall be available for expenses for consultations
and meetings hosted by the Commission with foreign gov-
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ernmental and other regulatory officials, members of their
delegations, appropriate representatives and staff to ex-
change views concerning developments relating to securi-
ties matters, development and implementation of coopera-
tion agreements concerning securities matters and provi-
sion of technical assistance for the development of foreign
securities markets, such expenses to include necessary lo-
gistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance at
such consultations and meetings including (1) such inci-
dental expenses as meals taken in the course of such at-
tendance, (2) any travel and transportation to or from
such meetings, and (3) any other related lodging or sub-
sistence: Provided, That immediately upon enactment of
this Act, the rate of fees under section 6(b) of the Securi-
ties Act of 1933 (15 U.S.C. 77f(b)) shall increase from
one-fiftieth of one percentum to one-thirty-third of one
percentum, and such increase shall be deposited as an off-
setting collection to this appropriation, to remain available
until expended, to recover costs of services of the securities
registration process: Provided further, That immediately
upon enactment of this Act or September 1, 1996, which-
ever occurs later, every national securities association shall
pay to the Commission a fee at a rate of one-eight-hun-
dredth of one percentum for each $1,000,000 of the aggre-
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gate dollar amount of sales transacted by or through any
member of such association otherwise than on a national
securities exchange (other than bonds, debentures, and
other evidences of indebtedness) subject to prompt last
sale reporting pursuant to the rules of the Commission
or a registered national securities association, excluding
any sales for which a fee is paid under section 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee), and
such increase shall be deposited as an offsetting collection
to this appropriation, to remain available until expended,
to recover the costs to the Government of the supervision
and regulation of securities markets and securities profes-
sionals: Provided further, That the fee due from every na-
tional securities association shall be paid (1) on or before
March 15, 1997, with respect to transactions occurring
during the period beginning immediately upon enactment
of this Act or September 1, 1996, whichever occurs later,
and ending at the close of December 31, 1996; and (2)
on or before September 30, 1997, with respect to trans-
actions and sales occurring during the period beginning
on January 1, 1997, and ending at the close of August
31, 1997: Provided further, That the total amount appro-
priated for fiscal year 1997 under this heading shall be
reduced as all such offsetting fees are deposited to this
appropriation so as to result in a final total fiscal year
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1997 appropriation from the General Fund estimated at
not more than $83,047,000 (reduced by $25,000,000):
Provided further, That any such fees collected in excess
of $193,974,000 shall remain available until expended but
shall not be available for obligation until October 1, 1997.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for,
of the Small Business Administration as authorized by
Public Law 103–403, including hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343 and 1344, and
not to exceed $3,500 for official reception and representa-
tion expenses, $214,419,000, of which $94,218,000 shall
be available for the non-credit programs of the Small
Business Administration, including $3,000,000 which
shall only be available for obligation and expenditure for
projects jointly developed, implemented and administered
with the Minority Business Development Agency of the
Department of Commerce: Provided, That the Adminis-
trator is authorized to charge fees to cover the cost of pub-
lications developed by the Small Business Administration,
and certain loan servicing activities: Provided further,
That notwithstanding 31 U.S.C. 3302, revenues received
from all such activities shall be credited to this account,
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to be available for carrying out these purposes without fur-
ther appropriations.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended (5 U.S.C. App. 1–11,
as amended by Public Law 100–504), $8,900,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $2,792,000, and for the
cost of guaranteed loans, $161,876,000, as authorized by
15 U.S.C. 631 note, of which $1,216,000, to be available
until expended, shall be for the Microloan Guarantee Pro-
gram, and of which $40,510,000 shall remain available
until September 30, 1998: Provided, That such costs, in-
cluding the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974: Provided further, That during fiscal year 1997, com-
mitments to guarantee loans under section 503 of the
Small Business Investment Act of 1958, as amended, shall
not exceed the amount of financings authorized under sec-
tion 20(n)(2)(B) of the Small Business Act, as amended.
In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $93,485,000,
which may be transferred to and merged with the appro-
priations for Salaries and Expenses.
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DISASTER LOANS PROGRAM ACCOUNT
For the cost of direct loans authorized by section 7(b)
of the Small Business Act, as amended, $105,432,000, to
remain available until expended: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act
of 1974.
In addition, for administrative expenses to carry out
the direct loan program, $100,578,000, including not to
exceed $500,000 for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan program, and said
sums may be transferred to and merged with appropria-
tions for Salaries and Expenses and Office of Inspector
General.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the ‘‘Surety Bond Guaran-
tees Revolving Fund’’, authorized by the Small Business
Investment Act, as amended, $3,730,000, to remain avail-
able without fiscal year limitation as authorized by 15
U.S.C. 631 note.
ADMINISTRATIVE PROVISION—SMALL BUSINESS
ADMINISTRATION
SEC. 504. Not to exceed 5 percent of any appropria-
tion made available for the current fiscal year for the
Small Business Administration in this Act may be trans-
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ferred between such appropriations, but no such appro-
priation shall be increased by more than 10 percent by
any such transfers: Provided, That any transfer pursuant
to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be avail-
able for obligation or expenditure except in compliance
with the procedures set forth in that section.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
SEC. 602. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under ex-
isting Executive order issued pursuant to existing law.
SEC. 604. If any provision of this Act or the applica-
tion of such provision to any person or circumstances shall
be held invalid, the remainder of the Act and the applica-
tion of each provision to persons or circumstances other
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than those as to which it is held invalid shall not be af-
fected thereby.
SEC. 605. (a) None of the funds provided under this
Act, or provided under previous appropriations Acts to the
agencies funded by this Act that remain available for obli-
gation or expenditure in fiscal year 1997, or provided from
any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded
by this Act, shall be available for obligation or expenditure
through a reprogramming of funds which (1) creates new
programs; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted; (4) relocates an office or employees; (5) reorga-
nizes offices, programs, or activities; or (6) contracts out
or privatizes any functions, or activities presently per-
formed by Federal employees; unless the Appropriations
Committees of both Houses of Congress are notified fif-
teen days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agen-
cies funded by this Act that remain available for obligation
or expenditure in fiscal year 1997, or provided from any
accounts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by
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this Act, shall be available for obligation or expenditure
for activities, programs, or projects through a reprogram-
ming of funds in excess of $500,000 or 10 percent, which-
ever is less, that (1) augments existing programs, projects,
or activities; (2) reduces by 10 percent funding for any
existing program, project, or activity, or numbers of per-
sonnel by 10 percent as approved by Congress; or (3) re-
sults from any general savings from a reduction in person-
nel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Appropriations Committees of both Houses of Congress
are notified fifteen days in advance of such reprogram-
ming of funds.
SEC. 606. None of the funds made available in this
Act may be used for the construction, repair (other than
emergency repair), overhaul, conversion, or modernization
of vessels for the National Oceanic and Atmospheric Ad-
ministration in shipyards located outside of the United
States.
SEC. 607. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
in this Act should be American-made.
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(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) 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. 608. None of the funds made available in this
Act may be used to implement, administer, or enforce any
guidelines of the Equal Employment Opportunity Com-
mission covering harassment based on religion, when it is
made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ
in any respect from the proposed guidelines published by
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the Commission on October 1, 1993 (58 Fed. Reg.
51266).
SEC. 609. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended to pay for any cost incurred for (1) opening or
operating any United States diplomatic or consular post
in the Socialist Republic of Vietnam that was not operat-
ing on July 11, 1995; (2) expanding any United States
diplomatic or consular post in the Socialist Republic of
Vietnam that was operating on July 11, 1995; or (3) in-
creasing the total number of personnel assigned to United
States diplomatic or consular posts in the Socialist Repub-
lic of Vietnam above the levels existing on July 11, 1995,
unless the President certifies within 60 days, based upon
all information available to the United States Government
that the Government of the Socialist Republic of Vietnam
is cooperating in full faith with the United States in the
following four areas:
(1) Resolving discrepancy cases, live sightings
and field activities,
(2) Recovering and repatriating American re-
mains,
(3) Accelerating efforts to provide documents
that will help lead to fullest possible accounting of
POW/MIA’s.
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(4) Providing further assistance in implement-
ing trilateral investigations with Laos.
SEC. 610. None of the funds made available by this
Act may be used for any United Nations undertaking
when it is made known to the Federal official having au-
thority to obligate or expend such funds (1) that the Unit-
ed Nations undertaking is a peacekeeping mission, (2)
that such undertaking will involve United States Armed
Forces under the command or operational control of a for-
eign national, and (3) that the President’s military advi-
sors have not submitted to the President a recommenda-
tion that such involvement is in the national security inter-
ests of the United States and the President has not sub-
mitted to the Congress such a recommendation.
SEC. 611. None of the funds made available in this
Act shall be used to provide the following amenities or per-
sonal comforts in the Federal prison system—
(1) in-cell television viewing except for prisoners
who are segregated from the general prison popu-
lation for their own safety;
(2) the viewing of R, X, and NC–17 rated mov-
ies, through whatever medium presented;
(3) any instruction (live or through broadcasts)
or training equipment for boxing, wrestling, judo,
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karate, or other martial art, or any bodybuilding or
weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates,
or heating elements; or
(5) the use or possession of any electric or elec-
tronic musical instrument.
SEC. 612. None of the funds made available in title
II for the National Oceanic and Atmospheric Administra-
tion under the heading ‘‘Fleet Modernization, Shipbuild-
ing and Conversion’’ may be used to implement sections
603, 604, and 605 of Public Law 102–567.
SEC. 613. None of the funds made available in this
Act may be used for ‘‘USIA Television Marti Program’’
under the Television Broadcasting to Cuba Act or any
other program of United States Government television
broadcasts to Cuba, when it is made known to the Federal
official having authority to obligate or expend such funds
that such use would be inconsistent with the applicable
provisions of the March 1995 Office of Cuba Broadcasting
Reinventing Plan of the United States Information Agen-
cy.
SEC. 614. Any costs incurred by a Department or
agency funded under this Act resulting from personnel ac-
tions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary re-
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sources available to such Department or agency: Provided,
That the authority to transfer funds between appropria-
tions accounts as may be necessary to carry out this sec-
tion is provided in addition to authorities included else-
where in this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compli-
ance with the procedures set forth in that section.
SEC. 615. None of the funds made available in this
Act to the Federal Bureau of Prisons may be used to dis-
tribute or make available any commercially published in-
formation or material to a prisoner when it is made known
to the Federal official having authority to obligate or ex-
pend such funds that such information or material is sexu-
ally explicit or features nudity.
SEC. 616. Of the funds appropriated in this Act
under the heading ‘‘OFFICE OF JUSTICE PRO-
GRAMS—STATE AND LOCAL LAW ENFORCEMENT ASSIST-
ANCE’’, not more than ninety percent of the amount to
be awarded to an entity under part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968
shall be made available to such an entity when it is made
known to the Federal official having authority to obligate
or expend such funds that the entity that employs a public
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safety officer (as such term is defined in section 1204 of
title I of the Omnibus Crime Control and Safe Streets Act
of 1968) does not provide such a public safety officer who
retires or is separated from service due to injury suffered
as the direct and proximate result of a personal injury
sustained in the line of duty while responding to an emer-
gency situation or a hot pursuit (as such terms are defined
by State law) with the same or better level of health insur-
ance benefits that are paid by the entity at the time of
retirement or separation.
SEC. 617. Of the funds in this Act appropriated for
a municipal or county jail, State or Federal prison, or
other similar facility for the confinement of individuals in
connection with crime or criminal proceedings, not more
than 90 percent of the funds otherwise authorized to be
made available to any such municipal or county jail, State
or Federal prison, or other similar facility, may be made
available when it is made known to the Federal official
having authority to obligate or expend such funds that the
authorities of such jail, prison, or other facility have not
reported to the Attorney General each death of any indi-
vidual who dies in custody in that jail, prison, or facility,
and the circumstances that surround that death.
SEC. 618. The amount provided in this Act for
‘‘Equal Employment Opportunity Commission—Salaries
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and Expenses’’ is increased by $7,000,000, and the
amount provided for Small Business Administration, Dis-
aster Loan Program Account for administrative expenses
is reduced by $8,000,000.
SEC. 619. (a) LIMITATION ON USE OF FUNDS TO
ISSUE CERTAIN PATENTS.—None of the funds made
available in this Act may be used by the Patent and
Trademark Office to issue a patent when it is made known
to the Federal official having authority to obligate or ex-
pend such funds that the patent is for any invention or
discovery of a technique, method, or process for perform-
ing a surgical procedure (defined as a treatment for curing
or preventing disease, injury, illness, disorder, or deform-
ity by operative methods, in which human tissue is cut,
burned, or vaporized by the use of any mechanical means,
laser, or ionizing radiation, or the penetration of the skin
or body orifice by any means), performing a medical proce-
dure (defined as a nonsurgical, nondiagnostic procedure
for curing or preventing a disease, injury, illness, disorder,
or deformity), or making a medical diagnosis (defined as
the identification of a medical condition or a disease or
disorder of a body).
(b) EXCEPTIONS.—The limitation established in sub-
section (a) shall not apply to the issuance of a patent when
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it is made known to the Federal official having authority
to obligate or expend such funds that—
(1) the patent is for a machine, manufacture,
or composition of matter, or improvement thereof,
that is itself patentable subject matter, and the tech-
nique, method, or process referred to in subsection
(a) is performed by or is a necessary component of
the machine, manufacture, or composition of matter;
or
(2) the patent is for a new use of a composition
of mattter or biotechnological process.
This Act may be cited as the ‘‘Departments of Com-
merce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1997.’’.
Passed the House of Representatives July 24, 1996.
Attest:
ROBIN H. CARLE,
Clerk.