702
Secretary of the Treasury may, notwithstanding
the preceding sentence and clause (i), require
the Association to make reports concerning the
activities of any associated person, whose busi-
ness activities are reasonably likely to have a
material impact on the financial or operational
condition of the Association.
‘‘(iii) DEFINITION.—For purposes of this
subparagraph, the term ‘associated person’
means any person, other than a natural person,
directly or indirectly controlling, controlled by,
or under common control with the Associa-
tion.’’; and
(B) by adding at the end the following new
paragraphs:
‘‘(16) DIVIDENDS.—The Association may pay
dividends in the form of cash or noncash distribu-
tions so long as at the time of the declaration of
such dividends, after giving effect to the payment of
such dividends as of the date of such declaration by
the Board of Directors of the Association, the Asso-
ciation’s capital would be in compliance with the
capital standards set forth in this section.
‘‘(17) CERTIFICATION PRIOR TO PAYMENT OF
DIVIDEND.—Prior to the payment of any dividend
703
under paragraph (16), the Association shall certify
to the Secretary of the Treasury that the payment
of the dividend will be made in compliance with
paragraph (16) and shall provide copies of all cal-
culations needed to make such certification.’’.
(c) SUNSET OF THE ASSOCIATION’S CHARTER IF NO
REORGANIZATION PLAN OCCURS.—Section 439 of the
Higher Education Act of 1965 (20 U.S.C. 1087–2) is
amended by adding at the end the following new sub-
section:
‘‘(s) CHARTER SUNSET.—
‘‘(1) APPLICATION OF PROVISIONS.—This sub-
section applies beginning 18 months and one day
after the date of enactment of this subsection if no
reorganization of the Association occurs in accord-
ance with the provisions of section 440.
‘‘(2) SUNSET PLAN.—
‘‘(A) PLAN SUBMISSION BY THE ASSOCIA-
TION.—Not later than July 1, 2007, the Asso-
ciation shall submit to the Secretary of the
Treasury and to the Chairman and Ranking
Member of the Committee on Labor and
Human Resources of the Senate and the Chair-
man and Ranking Member of the Committee on
Economic and Educational Opportunities of the
704
House of Representatives, a detailed plan for
the orderly winding up, by July 1, 2013, of
business activities conducted pursuant to the
charter set forth in this section. Such plan
shall—
‘‘(i) ensure that the Association will
have adequate assets to transfer to a trust,
as provided in this subsection, to ensure
full payment of remaining obligations of
the Association in accordance with the
terms of such obligations;
‘‘(ii) provide that all assets not used
to pay liabilities shall be distributed to
shareholders as provided in this subsection;
and
‘‘(iii) provide that the operations of
the Association shall remain separate and
distinct from that of any entity to which
the assets of the Association are trans-
ferred.
‘‘(B) AMENDMENT OF THE PLAN BY THE
ASSOCIATION.—The Association shall from time
to time amend such plan to reflect changed cir-
cumstances, and submit such amendments to
the Secretary of the Treasury and to the Chair-
705
man and Ranking Minority Member of the
Committee on Labor and Human Resources of
the Senate and Chairman and Ranking Minor-
ity Member of the Committee on Economic and
Educational Opportunities of the House of Rep-
resentatives. In no case may any amendment
extend the date for full implementation of the
plan beyond the dissolution date provided in
paragraph (3).
‘‘(C) PLAN MONITORING.—The Secretary
of the Treasury shall monitor the Association’s
compliance with the plan and shall continue to
review the plan (including any amendments
thereto).
‘‘(D) AMENDMENT OF THE PLAN BY THE
SECRETARY OF THE TREASURY.—The Secretary
of the Treasury may require the Association to
amend the plan (including any amendments to
the plan), if the Secretary of the Treasury
deems such amendments necessary to ensure
full payment of all obligations of the Associa-
tion.
‘‘(E) IMPLEMENTATION BY THE ASSOCIA-
TION.—The Association shall promptly imple-
ment the plan (including any amendments to
706
the plan, whether such amendments are made
by the Association or are required to be made
by the Secretary of the Treasury).
‘‘(3) DISSOLUTION OF THE ASSOCIATION.—The
Association shall dissolve and the Association’s sepa-
rate existence shall terminate on July 1, 2013, after
discharge of all outstanding debt obligations and liq-
uidation pursuant to this subsection. The Associa-
tion may dissolve pursuant to this subsection prior
to such date by notifying the Secretary of Education
and the Secretary of the Treasury of the Associa-
tion’s intention to dissolve, unless within 60 days of
receipt of such notice the Secretary of Education no-
tifies the Association that the Association continues
to be needed to serve as a lender of last resort pur-
suant to subsection (q) or continues to be needed to
purchase loans under an agreement with the Sec-
retary described in paragraph (4)(A). On the dis-
solution date, the Association shall take the follow-
ing actions:
‘‘(A) ESTABLISHMENT OF A TRUST.—The
Association shall, under the terms of an irrev-
ocable trust agreement in form and substance
satisfactory to the Secretary of the Treasury,
the Association, and the appointed trustee, ir-
707
revocably transfer all remaining obligations of
the Association to a trust and irrevocably de-
posit or cause to be deposited into such trust,
to be held as trust funds solely for the benefit
of holders of the remaining obligations, money
or direct noncallable obligations of the United
States or any agency thereof for which payment
the full faith and credit of the United States is
pledged, maturing as to principal and interest
in such amounts and at such times as are de-
termined by the Secretary of the Treasury to be
sufficient, without consideration of any signifi-
cant reinvestment of such interest, to pay the
principal of, and interest on, the remaining obli-
gations in accordance with their terms.
‘‘(B) USE OF TRUST ASSETS.—All money,
obligations, or financial assets deposited into
the trust pursuant to this subsection shall be
applied by the trustee to the payment of the re-
maining obligations assumed by the trust. Upon
the fulfillment of the trustee’s duties under the
trust, any remaining assets of the trust shall be
transferred to the persons who, at the time of
the dissolution, were the shareholders of the As-
708
sociation, or to the legal successors or assigns
of such persons.
‘‘(C) OBLIGATIONS NOT TRANSFERRED TO
THE TRUST.—The Association shall make prop-
er provision for all other obligations of the As-
sociation, including the repurchase or redemp-
tion, or the making of proper provision for the
repurchase or redemption, of any preferred
stock of the Association outstanding.
‘‘(D) TRANSFER OF REMAINING ASSETS.—
After compliance with subparagraphs (A) and
(C), the Association shall transfer to the share-
holders of the Association any remaining assets
of the Association.
‘‘(4) RESTRICTIONS
RELATING
TO
WINDING
UP.—
‘‘(A) RESTRICTIONS ON NEW BUSINESS AC-
TIVITY OR ACQUISITION OF ASSETS BY THE AS-
SOCIATION.—
‘‘(i) IN GENERAL.—Beginning on July
1, 2009, the Association shall not engage
in any new business activities or acquire
any additional program assets (including
acquiring assets pursuant to contractual
commitments) described in subsection (d)
709
other than in connection with the Associa-
tion—
‘‘(I) serving as a lender of last
resort pursuant to subsection (q); and
‘‘(II) purchasing loans insured
under this part, if the Secretary, with
the approval of the Secretary of the
Treasury, enters into an agreement
with the Association for the continu-
ation or resumption of the Associa-
tion’s secondary market purchase pro-
gram because the Secretary deter-
mines there is inadequate liquidity for
loans made under this part.
‘‘(ii) AGREEMENT.—The Secretary is
authorized to enter into an agreement de-
scribed in subclause (II) of clause (i) with
the Association covering such secondary
market activities. Any agreement entered
into under such subclause shall cover a pe-
riod of 12 months, but may be renewed if
the Secretary determines that liquidity re-
mains inadequate. The fee provided under
subsection (h)(7) shall not apply to loans
710
acquired under any such agreement with
the Secretary.
‘‘(B) ISSUANCE
OF
DEBT
OBLIGATIONS
DURING THE WIND UP PERIOD; ATTRIBUTES OF
DEBT OBLIGATIONS.—The Association shall not
issue debt obligations which mature later than
July 1, 2013, except in connection with serving
as a lender of last resort pursuant to subsection
(q) or with purchasing loans under an agree-
ment with the Secretary as described in sub-
paragraph (A). Nothing in this subsection shall
modify the attributes accorded the debt obliga-
tions of the Association by this section, regard-
less of whether such debt obligations are trans-
ferred to a trust in accordance with paragraph
(3).
‘‘(C) USE
OF
ASSOCIATION
NAME.—The
Association may not transfer or permit the use
of the name ‘Student Loan Marketing Associa-
tion’, ‘Sallie Mae’, or any variation thereof, to
or by any entity other than a subsidiary of the
Association.’’.
(d) REPEALS.—
(1) IN GENERAL.—Sections 439 of the Higher
Education Act of 1965 (20 U.S.C. 1087–2) and 440
711
of such Act (as added by subsection (a) of this sec-
tion) are repealed.
(2) EFFECTIVE DATE.—The repeals made by
paragraph (1) shall be effective one year after—
(A) the date on which all of the obligations
of the trust established under section 440(d)(1)
of the Higher Education Act of 1965 (as added
by subsection (a)) have been extinguished, if a
reorganization occurs in accordance with section
440 of such Act; or
(B) the date on which all of the obligations
of the trust established under subsection
439(s)(3)(A) of such Act (as added by sub-
section (c)) have been extinguished, if a reorga-
nization does not occur in accordance with sec-
tion 440 of such Act.
(e) ASSOCIATION NAMES.—Upon dissolution in ac-
cordance with section 439(s) of the Higher Education Act
of 1965 (20 U.S.C. 1087–2), the names ‘‘Student Loan
Marketing Association’’, ‘‘Sallie Mae’’, and any variations
thereof may not be used by any entity engaged in any
business similar to the business conducted pursuant to
section 439 of such Act (as such section was in effect on
the date of enactment of this Act) without the approval
of the Secretary of the Treasury.
712
(f) RIGHT TO ENFORCE.—The Secretary of Edu-
cation or the Secretary of the Treasury, as appropriate,
may request that the Attorney General bring an action
in the United States District Court for the District of Co-
lumbia for the enforcement of any provision of subsection
(e), or may, under the direction or control of the Attorney
General, bring such an action. Such court shall have juris-
diction and power to order and require compliance with
subsection (e).
SEC. 603. CONNIE LEE PRIVATIZATION.
(a) STATUS OF THE CORPORATION AND CORPORATE
POWERS; OBLIGATIONS
NOT
FEDERALLY
GUARAN-
TEED.—
(1) STATUS OF THE CORPORATION.—The Cor-
poration shall not be an agency, instrumentality, or
establishment of the United States Government, nor
a Government corporation, nor a Government con-
trolled corporation, as such terms are defined in sec-
tion 103 of title 5, United States Code. No action
under section 1491 of title 28, United States Code
(commonly known as the Tucker Act) shall be allow-
able against the United States based on the actions
of the Corporation.
(2) CORPORATE
POWERS.—The Corporation
shall be subject to the provisions of this section, and,
713
to the extent not inconsistent with this section, to
the District of Columbia Business Corporation Act
(or the comparable law of another State, if applica-
ble). The Corporation shall have the powers con-
ferred upon a corporation by the District of Colum-
bia Business Corporation Act (or such other applica-
ble State law) as from time to time in effect in order
to conduct the Corporation’s affairs as a private,
for-profit corporation and to carry out the Corpora-
tion’s purposes and activities incidental thereto. The
Corporation shall have the power to enter into con-
tracts, to execute instruments, to incur liabilities, to
provide products and services, and to do all things
as are necessary or incidental to the proper manage-
ment of the Corporation’s affairs and the efficient
operation of a private, for-profit business.
(3) LIMITATION ON OWNERSHIP OF STOCK.—
(A) STUDENT LOAN MARKETING ASSOCIA-
TION.—The Student Loan Marketing Associa-
tion shall not increase its share of the owner-
ship of the Corporation in excess of 42 percent
of the shares of stock of the Corporation out-
standing on the date of enactment of this Act.
The Student Loan Marketing Association shall
not control the operation of the Corporation,
714
except that the Student Loan Marketing Asso-
ciation may participate in the election of direc-
tors as a shareholder, and may continue to ex-
ercise the Student Loan Marketing Associa-
tion’s right to appoint directors under section
754 of the Higher Education Act of 1965 (20
U.S.C. 1132f–3) as long as that section is in ef-
fect.
(B) PROHIBITION.—Until such time as the
Secretary of the Treasury sells the stock of the
Corporation owned by the Secretary of Edu-
cation pursuant to subsection (c), the Student
Loan Marketing Association shall not provide
financial support or guarantees to the Corpora-
tion.
(C) FINANCIAL
SUPPORT
OR
GUARAN-
TEES.—After the Secretary of the Treasury
sells the stock of the Corporation owned by the
Secretary of Education pursuant to subsection
(c), the Student Loan Marketing Association
may provide financial support or guarantees to
the Corporation, if such support or guarantees
are subject to terms and conditions that are no
more advantageous to the Corporation than the
terms and conditions the Student Loan Market-
715
ing Association provides to other entities, in-
cluding, where applicable, other monoline finan-
cial guaranty corporations in which the Student
Loan Marketing Association has no ownership
interest.
(4) NO FEDERAL GUARANTEE.—
(A) OBLIGATIONS INSURED BY THE COR-
PORATION.—
(i) FULL FAITH AND CREDIT OF THE
UNITED STATES.—No obligation that is in-
sured, guaranteed, or otherwise backed by
the Corporation shall be deemed to be an
obligation that is guaranteed by the full
faith and credit of the United States.
(ii) STUDENT LOAN MARKETING ASSO-
CIATION.—No obligation that is insured,
guaranteed, or otherwise backed by the
Corporation shall be deemed to be an obli-
gation that is guaranteed by the Student
Loan Marketing Association.
(iii) SPECIAL RULE.—This paragraph
shall not affect the determination of
whether such obligation is guaranteed for
purposes of Federal income taxes.
716
(B) SECURITIES OFFERED BY THE COR-
PORATION.—No debt or equity securities of the
Corporation shall be deemed to be guaranteed
by the full faith and credit of the United
States.
(5) DEFINITION.—The term ‘‘Corporation’’ as
used in this section means the College Construction
Loan Insurance Association as in existence on the
day before the date of enactment of this Act, and
any successor corporation.
(b) RELATED PRIVATIZATION REQUIREMENTS.—
(1) NOTICE REQUIREMENTS.—
(A) IN GENERAL.—During the six-year pe-
riod following the date of enactment of this Act,
the Corporation shall include, in each of the
Corporation’s contracts for the insurance, guar-
antee, or reinsurance of obligations, and in each
document offering debt or equity securities of
the Corporation, a prominent statement provid-
ing notice that—
(i) such obligations or such securities,
as the case may be, are not obligations of
the United States, nor are such obligations
or such securities, as the case may be,
717
guaranteed in any way by the full faith
and credit of the United States; and
(ii) the Corporation is not an instru-
mentality of the United States.
(B) ADDITIONAL
NOTICE.—During the
five-year period following the sale of stock pur-
suant to subsection (c)(1), in addition to the
notice requirements in subparagraph (A), the
Corporation shall include, in each of the con-
tracts and documents referred to in such sub-
paragraph, a prominent statement providing no-
tice that the United States is not an investor in
the Corporation.
(2) CORPORATE CHARTER.—The Corporation’s
charter shall be amended as necessary and without
delay to conform to the requirements of this section.
(3) CORPORATE NAME.—The name of the Cor-
poration, or of any direct or indirect subsidiary
thereof, may not contain the term ‘‘College Con-
struction Loan Insurance Association’’, or any sub-
stantially similar variation thereof.
(4) ARTICLES OF INCORPORATION.—The Cor-
poration shall amend the Corporation’s articles of
incorporation without delay to reflect that one of the
purposes of the Corporation shall be to guarantee,
718
insure, and reinsure bonds, leases, and other evi-
dences of debt of educational institutions, including
Historically Black Colleges and Universities and
other academic institutions which are ranked in the
lower investment grade category using a nationally
recognized credit rating system.
(5) REQUIREMENTS UNTIL STOCK SALE.—Not-
withstanding subsection (d), the requirements of sec-
tions 754 and 760 of the Higher Education Act of
1965 (20 U.S.C. 1132f–3 and 1132f–9), as such
sections were in effect on the day before the date of
enactment of this Act, shall continue to be effective
until the day immediately following the date of clos-
ing of the purchase of the Secretary of Education’s
stock (or the date of closing of the final purchase,
in the case of multiple transactions) pursuant to
subsection (c)(1) of this Act.
(c) SALE OF FEDERALLY OWNED STOCK.—
(1) PURCHASE
BY
THE
CORPORATION.—The
Secretary of the Treasury shall sell and the Corpora-
tion shall purchase, within 90 days after the date of
enactment of this Act, the stock of the Corporation
held by the Secretary of Education at a price deter-
mined by the binding, independent appraisal of a na-
tionally recognized financial firm, except that the
719
90-day period may be extended by mutual agreement
of the Secretary of the Treasury and the Corpora-
tion to not more than 150 days after the date of en-
actment of this Act. The appraiser shall be jointly
selected by the Secretary of the Treasury and the
Corporation. In the event that the Secretary of the
Treasury and the Corporation cannot agree on the
appraiser, then the Secretary of the Treasury and
the Corporation shall name an independent third
party to select the appraiser.
(2) REIMBURSEMENT OF COSTS AND EXPENSES
OF SALE.—The Secretary of the Treasury shall be
reimbursed from the proceeds of the sale of the
stock under this subsection for all reasonable costs
and expenses related to such sale, except that one-
half of all reasonable costs and expenses relating to
the independent appraisal under paragraph (1) shall
be borne by the Corporation.
(3) DEPOSIT
INTO
ACCOUNT.—Amounts col-
lected from the sale of stock pursuant to this sub-
section that are not used to reimburse the Secretary
of the Treasury pursuant to paragraph (2) shall be
deposited into the account established under sub-
section (e).
720
(4) ASSISTANCE BY THE CORPORATION.—The
Corporation shall provide such assistance as the Sec-
retary of the Treasury and the Secretary of Edu-
cation may require to facilitate the sale of the stock
under this subsection.
(5) REPORT TO CONGRESS.—Not later than 6
months after the date of enactment of this Act, the
Secretary of the Treasury shall report to the appro-
priate committees of Congress on the completion and
terms of the sale of stock of the Corporation pursu-
ant to this subsection.
(d) REPEAL OF STATUTORY RESTRICTIONS AND
RELATED PROVISIONS.—Part D of title VII of the High-
er Education Act of 1965 (20 U.S.C. 1132f et seq.) is
repealed.
(e) ESTABLISHMENT OF ACCOUNT.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, the District of Columbia Financial
Responsibility and Management Assistance Author-
ity shall establish an account to receive—
(A) amounts collected from the sale and
proceeds resulting from the exercise of stock
warrants pursuant to section 440(c)(9) of the
Higher Education Act of 1965;
721
(B) amounts and proceeds remitted as
compensation for the right to assign the ‘‘Sallie
Mae’’ name as a trademark or service mark
pursuant to section 440(e)(3) of the Higher
Education Act of 1965; and
(C) amounts and proceeds collected from
the sale of the stock of the Corporation and de-
posited pursuant to subsection (c)(3).
(2) AMOUNTS AND PROCEEDS.—
(A) AMOUNTS AND PROCEEDS RELATING
TO SALLIE MAE.—The amounts and proceeds
described in subparagraphs (A) and (B) of
paragraph (1) shall be used to finance public el-
ementary and secondary school facility con-
struction and repair within the District of Co-
lumbia or to carry out the District of Columbia
School Reform Act of 1995.
(B) AMOUNTS AND PROCEEDS RELATING
TO CONNIE LEE.—The amounts and proceeds
described in subparagraph (C) of paragraph (1)
shall be used to finance public elementary and
secondary school facility construction and repair
within the District of Columbia.
722
SEC. 604. DISCRIMINATION IN SECONDARY MARKETS PRO-
HIBITED.
Part B of title IV of the Higher Education Act of
1965 (20 U.S.C. 1071 et seq.) is amended by adding
after section 440 (as added by section 602) the following
new section:
‘‘SEC. 440A. DISCRIMINATION IN SECONDARY MARKETS
PROHIBITED.
‘‘The Student Loan Marketing Association (and,
if the Association is privatized under section 440, any
successor entity functioning as a secondary market for
loans under this part, including the Holding Company
described in such section) shall not engage directly or in-
directly in any pattern or practice that results in a denial
of a borrower’s access to loans under this part because
of the borrower’s race, sex, color, religion, national origin,
age, disability status, income, attendance at a particular
eligible institution, length of the borrower’s educational
program, or the borrower’s academic year at an eligible
institution.’’.
TITLE VII—MUSEUM AND LIBRARY SERVICES
ACT OF 1996
SECTION 701. SHORT TITLE.
This title may be cited as the ‘‘Museum and Li-
brary Services Act of 1996’’.
723
SEC. 702. MUSEUM AND LIBRARY SERVICES.
The Museum Services Act (20 U.S.C. 961 et seq.)
is amended to read as follows:
‘‘TITLE II—MUSEUM AND LIBRARY SERVICES
‘‘Subtitle A—General Provisions
‘‘SEC. 201. SHORT TITLE.
‘‘This title may be cited as the ‘Museum and Li-
brary Services Act’.
‘‘SEC. 202. GENERAL DEFINITIONS.
‘‘As used in this title:
‘‘(1) COMMISSION.—The term ‘Commission’
means the National Commission on Libraries and
Information Science established under section 3 of
the National Commission on Libraries and Informa-
tion Sciences Act (20 U.S.C. 1502).
‘‘(2) DIRECTOR.—The term ‘Director’ means
the Director of the Institute appointed under section
204.
‘‘(3) INSTITUTE.—The term ‘Institute’ means
the Institute of Museum and Library Services estab-
lished under section 203.
‘‘(4) MUSEUM
BOARD.—The term ‘Museum
Board’ means the National Museum Services Board
established under section 275.
724
‘‘SEC. 203. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.
‘‘(a) ESTABLISHMENT.—There is established,
within the National Foundation on the Arts and the Hu-
manities, an Institute of Museum and Library Services.
‘‘(b) OFFICES.—The Institute shall consist of an
Office of Museum Services and an Office of Library Serv-
ices. There shall be a National Museum Services Board
in the Office of Museum Services.
‘‘SEC. 204. DIRECTOR OF THE INSTITUTE.
‘‘(a) APPOINTMENT.—
‘‘(1) IN
GENERAL.—The Institute shall be
headed by a Director, appointed by the President, by
and with the advice and consent of the Senate.
‘‘(2) TERM.—The Director shall serve for a
term of 4 years.
‘‘(3) QUALIFICATIONS.—Beginning with the
first individual appointed to the position of Director
after the date of enactment of the Museum and Li-
brary Services Act of 1996, every second individual
so appointed shall be appointed from among individ-
uals who have special competence with regard to li-
brary and information services. Beginning with the
second individual appointed to the position of Direc-
tor after the date of enactment of the Museum and
Library Services Act of 1996, every second individ-
ual so appointed shall be appointed from among in-
725
dividuals who have special competence with regard
to museum services.
‘‘(b) COMPENSATION.—The Director may be com-
pensated at the rate provided for level III of the Execu-
tive Schedule under section 5314 of title 5, United States
Code.
‘‘(c) DUTIES AND POWERS.—The Director shall
perform such duties and exercise such powers as may be
prescribed by law, including awarding financial assistance
for activities described in this title.
‘‘(d) NONDELEGATION.—The Director shall not
delegate any of the functions of the Director to any per-
son who is not an officer or employee of the Institute.
‘‘(e) COORDINATION.—The
Director
shall en-
sure
coordination
of
the
policies
and activities of
the Institute with the policies and activities of other
agencies and offices of the Federal Government hav-
ing interest in and responsibilities for the improvement of
museums and libraries and information services.
‘‘SEC. 205. DEPUTY DIRECTORS.
‘‘The Office of Library Services shall be headed
by a Deputy Director, who shall be appointed by the Di-
rector from among individuals who have a graduate de-
gree in library science and expertise in library and infor-
mation services. The Office of Museum Services shall be
726
headed by a Deputy Director, who shall be appointed by
the Director from among individuals who have expertise
in museum services.
‘‘SEC. 206. PERSONNEL.
‘‘(a) IN GENERAL.—The Director may, in accord-
ance with applicable provisions of title 5, United States
Code, appoint and determine the compensation of such
employees as the Director determines to be necessary to
carry out the duties of the Institute.
‘‘(b) VOLUNTARY SERVICES.—The Director may
accept and utilize the voluntary services of individuals
and reimburse the individuals for travel expenses, includ-
ing per diem in lieu of subsistence, in the same amounts
and to the same extent as authorized under section 5703
of title 5, United States Code, for persons employed
intermittently in Federal Government service.
‘‘SEC. 207. CONTRIBUTIONS.
‘‘The Institute is authorized to solicit, accept, re-
ceive, and invest in the name of the United States, gifts,
bequests, or devises of money and other property or serv-
ices and to use such property of services in furtherance
of the functions of the Institute. Any proceeds from such
gifts, bequests, or devises, after acceptance by the Insti-
tute, shall be paid by the donor or the representative of
the donor to the Director. The Director shall enter the
727
proceeds in a special-interest bearing account to the cred-
it of the Institute for the purposes specified in each case.
‘‘Subtitle B—Library Services and Technology
‘‘SEC. 211. SHORT TITLE.
‘‘This subtitle may be cited as the ‘Library Serv-
ices and Technology Act’.
‘‘SEC. 212. PURPOSE.
‘‘It is the purpose of this subtitle—
‘‘(1) to consolidate Federal library service pro-
grams;
‘‘(2) to stimulate excellence and promote access
to learning and information resources in all types of
libraries for individuals of all ages;
‘‘(3) to promote library services that provide all
users access to information through State, regional,
national and international electronic networks;
‘‘(4) to provide linkages among and be-
tween libraries; and
‘‘(5) to promote targeted library services to peo-
ple of diverse geographic, cultural, and socio-
economic backgrounds, to individuals with disabil-
ities, and to people with limited functional literacy
or information skills.
SEC. 213. DEFINITIONS.
‘‘As used in this subtitle:
728
‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’
means any tribe, band, nation, or other organized
group or community, including any Alaska native
village, regional corporation, or village corporation,
as defined in or established pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), which is recognized by the Secretary of the In-
terior as eligible for the special programs and serv-
ices provided by the United States to Indians be-
cause of their status as Indians.
‘‘(2) LIBRARY.—The term ‘library’ includes—
‘‘(A) a public library;
‘‘(B) a public elementary school or second-
ary school library;
‘‘(C) an academic library;
‘‘(D) a research library, which for the pur-
poses of this subtitle means a library that—
‘‘(i) makes publicly available library
services and materials suitable for schol-
arly research and not otherwise available
to the public; and
‘‘(ii) is not an integral part of an in-
stitution of higher education; and
‘‘(E) a private library, but only if the State
in which such private library is located deter-
729
mines that the library should be considered a li-
brary for purposes of this subtitle.
‘‘(3) LIBRARY CONSORTIUM.—The term ‘library
consortium’ means any local, statewide, regional,
interstate, or international cooperative association of
library entities which provides for the systematic and
effective coordination of the resources of school, pub-
lic, academic, and special libraries and information
centers, for improved services for the clientele of
such library entities.
‘‘(4) STATE.—The term ‘State’, unless other-
wise specified, includes each of the 50 States of the
United States, the District of Columbia, the Com-
monwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Common-
wealth of the Northern Mariana Islands, the Repub-
lic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau.
‘‘(5) STATE LIBRARY ADMINISTRATIVE AGEN-
CY.—The term ‘State library administrative agency’
means the official agency of a State charged by the
law of the State with the extension and development
of public library services throughout the State.
‘‘(6) STATE
PLAN.—The term ‘State plan’
means the document which gives assurances that the
730
officially designated State library administrative
agency has the fiscal and legal authority and capa-
bility to administer all aspects of this subtitle, pro-
vides assurances for establishing the State’s policies,
priorities, criteria, and procedures necessary to the
implementation of all programs under this subtitle,
submits copies for approval as required by regula-
tions promulgated by the Director, identifies a
State’s library needs, and sets forth the activities to
be taken toward meeting the identified needs sup-
ported with the assistance of Federal funds made
available under this subtitle.
‘‘SEC. 214. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated $150,000,000 for fiscal year 1997 and
such sums as may be necessary for each of the fiscal
years 1998 through 2002 to carry out this subtitle.
‘‘(2) TRANSFER.—The Secretary of Education
shall—
‘‘(A) transfer promptly to the Director any
funds appropriated under the authority of para-
graph (1), to enable the Director to carry out
this subtitle; and
731
‘‘(B) not exercise any authority concerning
the administration of this title other than the
transfer described in subparagraph (A).
‘‘(b) FORWARD FUNDING.—
‘‘(1) IN GENERAL.—To the end of affording the
responsible Federal, State, and local officers ade-
quate notice of available Federal financial assistance
for carrying out ongoing library activities and
projects, appropriations for grants contracts, or
other payments under any program under this sub-
title are authorized to be included in the appropria-
tions Act for the fiscal year preceding the fiscal year
during which such activities and projects shall be
carried out.
‘‘(2) ADDITIONAL AUTHORIZATION OF APPRO-
PRIATIONS.—In order to effect a transition to the
timing of appropriation action authorized by sub-
section (a), the application of this section may result
in the enactment, in a fiscal year, of separate appro-
priations for a program under this subtitle (whether
in the same appropriations Act or otherwise) for two
consecutive fiscal years.
‘‘(c) ADMINISTRATION.—Not more than 3 percent
of the funds appropriated under this section for a fiscal
732
year may be used to pay for the Federal administrative
costs of carrying out this subtitle.
‘‘CHAPTER 1—BASIC PROGRAM
REQUIREMENTS
‘‘SEC. 221. RESERVATIONS AND ALLOTMENTS.
‘‘(a) RESERVATIONS.—
‘‘(1) IN GENERAL.—From the amount appro-
priated under the authority of section 214 for any
fiscal year, the Director—
‘‘(A) shall reserve 11⁄2 percent to award
grants in accordance with section 261; and
‘‘(B) shall reserve 4 percent to award na-
tional leadership grants or contracts in accord-
ance with section 262.
‘‘(2) SPECIAL
RULE.—If the funds reserved
pursuant to paragraph (1)(B) for a fiscal year have
not been obligated by the end of such fiscal year,
then such funds shall be allotted in accordance with
subsection (b) for the fiscal year succeeding the fis-
cal year for which the funds were so reserved.
‘‘(b) ALLOTMENTS.—
‘‘(1) IN
GENERAL.—From the sums appro-
priated under the authority of section 214 and not
reserved under subsection (a) for any fiscal year, the
Director shall award grants from minimum allot-
733
ments, as determined under paragraph (3), to each
State. Any sums remaining after minimum allot-
ments are made for such year shall be allotted in the
manner set forth in paragraph (2).
‘‘(2) REMAINDER.—From the remainder of any
sums appropriated under the authority of section
214 that are not reserved under subsection (a) and
not allotted under paragraph (1) for any fiscal year,
the Director shall award grants to each State in an
amount that bears the same relation to such remain-
der as the population of the State bears to the popu-
lation of all States.
‘‘(3) MINIMUM ALLOTMENT.—
‘‘(A) IN GENERAL.—For the purposes of
this subsection, the minimum allotment for each
State shall be $340,000, except that the mini-
mum allotment shall be $40,000 in the case of
the United States Virgin Islands, Guam, Amer-
ican Samoa, the Commonwealth of the North-
ern Mariana Islands, the Republic of the Mar-
shall Islands, the Federated States of Microne-
sia, and the Republic of Palau.
‘‘(B) RATABLE REDUCTIONS.—If the sum
appropriated under the authority of section 214
and not reserved under subsection (a) for any
734
fiscal year is insufficient to fully satisfy the ag-
gregate of the minimum allotments for all
States for that purpose for such year, each of
such minimum allotments shall be reduced rat-
ably.
‘‘(C) SPECIAL RULE.—
‘‘(i) IN
GENERAL.—Notwithstanding
any other provision of this subsection and
using funds allotted for the Republic of the
Marshall Islands, the Republic of the Mar-
shall Islands, the Federated States of Mi-
cronesia, and the Republic of Palau under
this subsection, the Director shall award
grants to Guam, American Samoa, the
Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Is-
lands, the Federated States of Micronesia,
or the Republic of Palau to carry out ac-
tivities described in this subtitle in accord-
ance with the provisions of this subtitle
that the Director determines are not incon-
sistent with this subparagraph.
‘‘(ii) AWARD
BASIS.—The Director
shall award grants pursuant to clause (i)
on a competitive basis and pursuant to rec-
735
ommendations from the Pacific Region
Educational Laboratory in Honolulu, Ha-
waii.
‘‘(iii) 
TERMINATION
OF
ELIGI-
BILITY.—Notwithstanding any other provi-
sion of law, the Republic of the Marshall
Islands, the Federated States of Microne-
sia, and the Republic of Palau shall not re-
ceive any funds under this subtitle for any
fiscal year that begins after September 30,
2001.
‘‘(iv) ADMINISTRATIVE
COSTS.—The
Director may provide not more than 5 per-
cent of the funds made available for grants
under this subparagraph to pay the admin-
istrative costs of the Pacific Region Edu-
cational Laboratory regarding activities as-
sisted under this subparagraph.
‘‘(4) DATA.—The population of each State and
of all the States shall be determined by the Director
on the basis of the most recent data available from
the Bureau of the Census.
‘‘SEC. 222. ADMINISTRATION.
‘‘(a) IN GENERAL.—Not more than 4 percent of
the total amount of funds received under this subtitle for
736
any fiscal year by a State may be used for administrative
costs.
‘‘(b) CONSTRUCTION.—Nothing in this section
shall be construed to limit spending for evaluation costs
under section 224(c) from sources other than this sub-
title.
‘‘SEC. 223. PAYMENTS; FEDERAL SHARE; AND MAINTE-
NANCE OF EFFORT REQUIREMENTS.
‘‘(a) PAYMENTS.—Subject to appropriations pro-
vided pursuant to section 214, the Director shall pay to
each State library administrative agency having a State
plan approved under section 224 the Federal share of the
cost of the activities described in the State plan.
‘‘(b) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share shall be
66 percent.
‘‘(2) NON-FEDERAL SHARE.—The non-Federal
share of payments shall be provided from non-Fed-
eral, State, or local sources.
‘‘(c) MAINTENANCE OF EFFORT.—
‘‘(1) STATE EXPENDITURES.—
‘‘(A) REQUIREMENT.—
‘‘(i) IN GENERAL.—The amount oth-
erwise payable to a State for a fiscal year
pursuant to an allotment under this chap-
737
ter shall be reduced if the level of State ex-
penditures, as described in paragraph (2),
for the previous fiscal year is less than the
average of the total of such expenditures
for the 3 fiscal years preceding that pre-
vious fiscal year. The amount of the reduc-
tion in allotment for any fiscal year shall
be equal to the amount by which the level
of such State expenditures for the fiscal
year for which the determination is made
is less than the average of the total of such
expenditures for the 3 fiscal years preced-
ing the fiscal year for which the determina-
tion is made.
‘‘(ii) CALCULATION.—Any decrease in
State expenditures resulting from the ap-
plication of subparagraph (B) shall be ex-
cluded from the calculation of the average
level of State expenditures for any 3-year
period described in clause (i).
‘‘(B) DECREASE IN FEDERAL SUPPORT.—
If the amount made available under this sub-
title for a fiscal year is less than the amount
made available under this subtitle for the pre-
ceding fiscal year, then the expenditures re-
738
quired by subparagraph (A) for such preceding
fiscal year shall be decreased by the same per-
centage as the percentage decrease in the
amount so made available.
‘‘(2) LEVEL OF STATE EXPENDITURES.—The
level of State expenditures for the purposes of para-
graph (1) shall include all State dollars expended by
the State library administrative agency for library
programs that are consistent with the purposes of
this subtitle. All funds included in the maintenance
of effort calculation under this subsection shall be
expended during the fiscal year for which the deter-
mination is made, and shall not include capital ex-
penditures, special one-time project costs, or similar
windfalls.
‘‘(3) WAIVER.—The Director may waive the re-
quirements of paragraph (1) if the Director deter-
mines that such a waiver would be equitable due to
exceptional or uncontrollable circumstances such as
a natural disaster or a precipitous and unforeseen
decline in the financial resources of the State.
‘‘SEC. 224. STATE PLANS.
‘‘(a) STATE PLAN REQUIRED.—
‘‘(1) IN GENERAL.—In order to be eligible to
receive a grant under this subtitle, a State library
739
administrative agency shall submit a State plan to
the Director not later than April 1, 1997.
‘‘(2) DURATION.—The State plan shall cover a
period of 5 fiscal years.
‘‘(3) REVISIONS.—If a State library administra-
tive agency makes a substantive revision to its State
plan, then the State library administrative agency
shall submit to the Director an amendment to the
State plan containing such revision not later than
April 1 of the fiscal year preceding the fiscal year
for which the amendment will be effective.
‘‘(b) CONTENTS.—The State plan shall—
‘‘(1) establish goals, and specify priorities, for
the State consistent with the purposes of this sub-
title;
‘‘(2) describe activities that are consistent with
the goals and priorities established under paragraph
(1), the purposes of this subtitle, and section 231,
that the State library administrative agency will
carry out during such year using such grant;
‘‘(3) describe the procedures that such agency
will use to carry out the activities described in para-
graph (2);
‘‘(4) describe the methodology that such agency
will use to evaluate the success of the activities es-
740
tablished under paragraph (2) in achieving the goals
and meeting the priorities described in paragraph
(1);
‘‘(5) describe the procedures that such agency
will use to involve libraries and library users
throughout the State in policy decisions regarding
implementation of this subtitle; and
‘‘(6) provide assurances satisfactory to the Di-
rector that such agency will make such reports, in
such form and containing such information, as the
Director may reasonably require to carry out this
subtitle and to determine the extent to which funds
provided under this subtitle have been effective in
carrying out the purposes of this subtitle.
‘‘(c) EVALUATION AND REPORT.—Each State li-
brary administrative agency receiving a grant under this
subtitle shall independently evaluate, and report to the
Director regarding, the activities assisted under this sub-
title, prior to the end of the 5-year plan.
‘‘(d) INFORMATION.—Each library receiving as-
sistance under this subtitle shall submit to the State li-
brary administrative agency such information as such
agency may require to meet the requirements of sub-
section (c).
‘‘(e) APPROVAL.—
741
‘‘(1) IN GENERAL.—The Director shall approve
any State plan under this subtitle that meets the re-
quirements of this subtitle and provides satisfactory
assurances that the provisions of such plan will be
carried out.
‘‘(2) PUBLIC
AVAILABILITY.—Each State li-
brary administrative agency receiving a grant under
this subtitle shall make the State plan available to
the public
‘‘(3) ADMINISTRATION.—If the Director deter-
mines that the State plan does not meet the require-
ments of this section, the Director shall—
‘‘(A) immediately notify the State library
administrative agency of such determination
and the reasons for such determination;
‘‘(B) offer the State library administrative
agency the opportunity to revise its State plan;
‘‘(C) provide technical assistance in order
to assist the State library administrative agency
in meeting the requirements of this section; and
‘‘(D) provide the State library administra-
tive agency the opportunity for a hearing.
742
‘‘CHAPTER 2—LIBRARY PROGRAMS
‘‘SEC. 231. GRANTS TO STATES.
‘‘(a) IN GENERAL.—Of the funds provided to a
State library administrative agency under section 214,
such agency shall expend, either directly or through sub-
grants of cooperative agreements, at least 96 percent of
such funds for—
‘‘(1)(A) establishing or enhancing electronic
linkages among or between libraries;
‘‘(B) electronically linking libraries with edu-
cational, social, or information services;
‘‘(C) assisting libraries in accessing information
through electronic networks;
‘‘(D) encouraging libraries in different areas,
and encouraging different types of libraries, to es-
tablish consortia and share resources; or
‘‘(E) paying costs for libraries to acquire or
share computer systems and telecommunications
technologies; and
‘‘(2) targeting library and information services
to persons having difficulty using a library and to
underserved urban and rural communities, including
children (from birth through age 17) from families
with incomes below the poverty line (as defined by
the Office of Management and Budget and revised
743
annually in accordance with section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)) applicable to a family of the size involved.
‘‘(b) SPECIAL RULE.—Each State library admin-
istrative agency receiving funds under this chapter may
apportion the funds available for the purposes described
in subsection (a) between the two purposes described in
paragraphs (1) and (2) of such subsection, as appro-
priate, to meet the needs of the individual State.
‘‘CHAPTER 3—ADMINISTRATIVE
PROVISIONS
‘‘Subchapter A—State Requirements
‘‘SEC. 251. STATE ADVISORY COUNCILS.
‘‘Each State desiring assistance under this sub-
title may establish a State advisory council which is
broadly representative of the library entities in the State,
including public, school, academic, special, and institu-
tional libraries, and libraries serving individuals with dis-
abilities.
‘‘Subchapter B—Federal Requirements
‘‘SEC. 261. SERVICES FOR INDIAN TRIBES.
‘‘From 
amounts 
reserved 
under 
section
221(a)(1)(A) for any fiscal year the Director shall award
grants to organizations primarily serving and represent-
744
ing Indian tribes to enable such organizations to carry
out the activities described in section 231.
‘‘SEC. 262. NATIONAL LEADERSHIP GRANTS OR CON-
TRACTS.
‘‘(a) IN GENERAL.—From the amounts reserved
under section 221(a)(1)(B) for any fiscal year the Direc-
tor shall establish and carry out a program awarding na-
tional leadership grants or contracts to enhance the qual-
ity of library services nationwide and to provide coordina-
tion between libraries and museums. Such grants or con-
tracts shall be used for activities that may include—
‘‘(1) education and training of persons in li-
brary and information science, particularly in areas
of new technology and other critical needs, including
graduate fellowships, traineeships, institutes, or
other programs;
‘‘(2) research and demonstration projects relat-
ed to the improvement of libraries, education in li-
brary and information science, enhancement of li-
brary services through effective and efficient use of
new technologies, and dissemination of information
derived from such projects;
‘‘(3) preservation of digitization of library mate-
rials and resources, giving priority to projects em-
phasizing coordination, avoidance of duplication, and
745
access by researchers beyond the institution or li-
brary entity undertaking the project; and
‘‘(4) model programs demonstrating cooperative
efforts between libraries and museums.
‘‘(b) GRANTS OR CONTRACTS.—
‘‘(1) IN
GENERAL.—The Director may carry
out the activities described in subsection (a) by
awarding grants to, or entering into contracts with,
libraries, agencies, institutions of higher education,
or museums, where appropriate.
‘‘(2) COMPETITIVE
BASIS.—Grants and con-
tracts under this section shall be awarded on a com-
petitive basis.
‘‘(c) SPECIAL RULE.—The Director shall make
every effort to ensure that activities assisted under this
section are administered by appropriate library and mu-
seum professionals or experts.
‘‘SEC. 263. STATE AND LOCAL INITIATIVES.
‘‘Nothing in this subtitle shall be construed to
interfere with State and local initiatives and responsibil-
ity in the conduct of library services. The administration
of libraries, the selection of personnel and library books
and materials, and insofar as consistent with the pur-
poses of this subtitle, the determination of the best uses
746
of the funds provided under this subtitle, shall be re-
served for the States and their local subdivisions.
‘‘Subtitle C—Museum Services
‘‘SEC. 271. PURPOSE.
‘‘It is the purpose of this subtitle—
‘‘(1) to encourage and assist museums in their
educational role, in conjunction with formal systems
of elementary, secondary, and postsecondary edu-
cation and with programs of nonformal education for
all age groups;
‘‘(2) to assist museums in modernizing their
methods and facilities so that the museums are bet-
ter able to conserve the cultural, historic, and sci-
entific heritage of the United States; and
‘‘(3) to ease the financial burden borne by mu-
seums as a result of their increasing use by the pub-
lic.
‘‘SEC. 272. DEFINITIONS.
‘‘As used in this subtitle:
‘‘(1) MUSEUM.—The term ‘museum’ means a
public or private nonprofit agency or institution or-
ganized on a permanent basis for essentially edu-
cational or aesthetic purposes, that utilizes a profes-
sional staff, owns or utilizes tangible objects, cares
747
for the tangible objects, and exhibits the tangible ob-
jects to the public on a regular basis.
‘‘(2) STATE.—The term ‘State’ means each of
the 50 States of the United States, the District of
Columbia, the Commomwealth of Puerto Rico, the
United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of
Palau.
‘‘SEC. 273. MUSEUM SERVICES ACTIVITIES.
‘‘(a) GRANTS.—The Director, subject to the
policy direction of the Museum Board, may make grants
to museums to pay for the Federal share of the cost of
increasing and improving museum services, through such
activities as—
‘‘(1) programs that enable museums to con-
struct or install displays, interpretations, and exhibi-
tions in order to improve museum services provided
to the public;
‘‘(2) assisting museums in developing and
maintaining professionally trained or otherwise expe-
rienced staff to meet the needs of the museums;
‘‘(3) assisting museums in meeting the adminis-
trative costs of preserving and maintaining the col-
748
lections of the museums, exhibiting the collections to
the public, and providing educational programs to
the public through the use of the collections;
‘‘(4) assisting museums in cooperating with
each other in developing traveling exhibitions, meet-
ing transportation costs, and identifying and locat-
ing collections available for loan;
‘‘(5) assisting museums in the conservation of
their collections;
‘‘(6) developing and carrying out specialized
programs for specific segments of the public, such as
programs for urban neighborhoods, rural areas, In-
dian reservations, and penal and other State institu-
tions; and
‘‘(7) model programs demonstrating cooperative
efforts between libraries and museums.
‘‘(b) CONTRACTS
AND COOPERATIVE AGREE-
MENTS.—
‘‘(1) PROJECTS
TO
STRENGTHEN
MUSEUM
SERVICES.—The Director, subject to the policy di-
rection of the Museum Board, is authorized to enter
into contracts and cooperative agreements with ap-
propriate entities, as determined by the Director, to
pay for the Federal share of enabling the entities to
undertake projects designed to strengthen museum
749
services, except that any contracts or cooperative
agreements entered into pursuant to this subsection
shall be effective only to such extent or in such
amounts as are provided in appropriations Acts.
‘‘(2) LIMITATION ON AMOUNT.—The aggregate
amount of financial assistance made available under
this subsection for a fiscal year shall not exceed 15
percent of the amount appropriated under this sub-
title for such fiscal year.
‘‘(3) OPERATIONAL
EXPENSES.—No financial
assistance may be provided under this subsection to
pay for operational expenses.
‘‘(c) FEDERAL SHARE.—
‘‘(1) 50 PERCENT.—Except as provided in
paragraph (2), the Federal share described in sub-
section (a) and (b) shall be not more than 50 per-
cent.
‘‘(2) GREATER THAN 50 PERCENT.—The Direc-
tor may use not more than 20 percent of the funds
made available under this subtitle for a fiscal year
to make grants under subsection (a), or enter into
contracts or agreements under subsection (b), for
which the Federal share may be greater than 50
percent.
750
‘‘(d) REVIEW AND EVALUATION.—The Director
shall establish procedures for reviewing and evaluat-
ing grants, contracts, and cooperative agreements
made or entered into under this subtitle. Procedures
for reviewing grant applications or contracts and co-
operative agreements for financial assistance under
this subtitle shall not be subject to any review out-
side of the Institute.
‘‘SEC. 274. AWARD.
‘‘The Director, with the advice of the Museum
Board, may annually award a National Award for Mu-
seum Service to outstanding museums that have made
significant contributions in service to their communities.
‘‘SEC. 275. NATIONAL MUSEUM SERVICES BOARD.
‘‘(a) ESTABLISHMENT.—There is established in
the Institute a National Museum Services Board.
‘‘(b) COMPOSITION AND QUALIFICATIONS.—
‘‘(1) COMPOSITION.—The Museum Board shall
consist of the Director and 14 members appointed
by the President, by and with the advice and consent
of the Senate.
‘‘(2) QUALIFICATIONS.—The appointive mem-
bers of the Museum Board shall be selected from
among citizens of the United States—
751
‘‘(A) who are members of the general pub-
lic;
‘‘(B) who are or have been affiliated
with—
‘‘(i) resources that, collectively, are
broadly representative of the curatorial,
conservation, educational, and cultural re-
sources of the United States; or
‘‘(ii) museums that, collectively, are
broadly representative of various types of
museums, including museums relating to
science, history, technology, art, zoos, and
botanical gardens; and
‘‘(C) who are recognized for their broad
knowledge, expertise, or experience in museums
or commitment to museums.
‘‘(3) GEOGRAPHIC
AND
OTHER
REPRESENTA-
TION.—Members of the Museum Board shall be ap-
pointed to reflect persons from various geographic
regions of the United States. The Museum Board
may not include, at any time, more than 3 members
from a single State. In making such appointments,
the President shall give due regard to equitable rep-
resentation of women, minorities, and persons with
disabilities who are involved with museums.
752
‘‘(c) TERMS.—
‘‘(1) IN GENERAL.—Each appointive member of
the Museum Board shall serve for a term of 5 years,
except that—
‘‘(A) of the members first appointed, 3
shall serve for terms of 5 years, 3 shall serve
for terms of 4 years, 3 shall serve for terms of
3 years, 3 shall serve for terms of 2 years, and
2 shall serve for terms of 1 year, as designated
by the President at the time of nomination for
appointment; and
‘‘(B) any member appointed to fill a va-
cancy shall serve for the remainder of the term
for which the predecessor of the member was
appointed.
‘‘(2) REAPPOINTEMENT.—No member of the
Museum Board who has been a member for more
than 7 consecutive years shall be eligible for re-
appointment.
‘‘(3) SERVICE
UNTIL
SUCCESSOR
TAKES
OF-
FICE.—Notwithstanding any other provision of this
subsection, a member of the Museum Board shall
serve after the expiration of the term of the member
until the successor to the member takes office.
753
‘‘(d) DUTIES AND POWERS.—The Museum Board
shall have the responsibility to advise the Director on
general policies with respect to the duties, powers, and
authority of the Institute relating to museum services, in-
cluding general policies with respect to—
‘‘(1) financial assistance awarded under this
subtitle for museum services; and
‘‘(2) projects described in section 262(a)(4).
‘‘(e) CHAIRPERSON.—The President shall des-
ignate 1 of the appointive members of the Museum Board
as Chairperson of the Museum Board.
‘‘(f) MEETINGS.—
‘‘(1) IN GENERAL.—The Museum Board shall
meet—
‘‘(A) not less than 3 times each year, in-
cluding—
‘‘(i) not less than 2 times each year
separately; and
‘‘(ii) not less than 1 time each year in
a joint meeting with the Commission, con-
vened for purposes of making general poli-
cies with respect to financial assistance for
projects described in section 262(a)(4);
and
‘‘(B) at the call of the Director.
754
‘‘(2) VOTE.—All decisions by the Museum
Board with respect to the exercise of the duties and
powers of the Museum Board shall be made by a
majority vote of the members of the Museum Board
who are present. All decisions by the Commission
and the Museum Board with respect to the policies
described in paragraph (1)(A)(ii) shall be made by
a 2⁄3 majority vote of the total number of the mem-
bers of the Commission and the Museum Board who
are present.
‘‘(g) QUORUM.—A majority of the members of the
Museum Board shall constitute a quorum for the conduct
of business at official meetings of the Museum Board,
but a lesser number of members may hold hearings. A
majority of the members of the Commission and a major-
ity of the members of the Museum Board shall constitute
a quorum for the conduct of business at official joint
meetings of the Commission and the Museum Board.
‘‘(h) COMPENSATION AND TRAVEL EXPENSES.—
‘‘(1) COMPENSATION.—Each member of the
Museum Board who is not an officer or employee of
the Federal Government may be compensated at a
rate to be fixed by the President, but not to exceed
the daily equivalent of the maximum rate authorized
for a position above grade GS–15 of the General
755
Schedule under section 5108 of title 5, United
States Code, for each day (including travel time)
during which such member is engaged in the per-
formance of the duties of the Museum Board. All
members of the Museum Board who are officers or
employees of the Federal Government shall serve
without compensation in addition to compensation
received for their services as officers or employees of
the Federal Government.
‘‘(2) TRAVEL EXPENSES.—The members of the
Museum Board may be allowed travel expenses, in-
cluding per diem in lieu of subsistence, in the same
amounts and to the same extent, as authorized
under section 5703 of title 5, United States Code,
for persons employed intermittently in Federal Gov-
ernment service.
‘‘(i) COORDINATION.—The Museum Board, with
the advice of the Director, shall take steps to ensure that
the policies and activities of the Institute are coordinated
with other activities of the Federal Government.
‘‘SEC. 276. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) GRANTS.—For the purpose of carrying out
this subtitle, there are authorized to be appropriated to
the Director $28,700,000 for the fiscal year 1997, and
756
such sums as may be necessary for each of the fiscal
years 1998 through 2002.
‘‘(b) ADMINISTRATION.—Not more than 10 per-
cent of the funds appropriated under this section for a
fiscal year may be used to pay for the administrative
costs of carrying out this subtitle.
‘‘(c) SUMS REMAINING AVAILABLE.—Sums appro-
priated pursuant to subsection (a) for any fiscal year
shall remain available for obligation until expended.’’.
SEC. 703. NATIONAL COMMISSION ON LIBRARIES AND IN-
FORMATION SCIENCE.
(a) FUNCTIONS.—Section 5 of the National Com-
mission on Libraries and Information Science Act (20
U.S.C. 1504) is amended—
(1) by redesignating subsections (b) through (d)
as subsections (d) through (f), respectively; and
(2) by inserting after subsection (a) the follow-
ing:
‘‘(b) The Commission shall have the responsibility
to advise the Director of the Institute of Museum and Li-
brary Services on general policies with respect to the du-
ties, powers, and authority of the Institute of Museum
and Library Services relating to library services, includ-
ing—
‘‘(1) general policies with respect to—
757
‘‘(A) financial assistance awarded under
the Museum and Library Services Act for li-
brary services; and
‘‘(B) 
projects 
described 
in 
section
262(a)(4) of such Act; and
‘‘(2) measures to ensure that the policies and
activities of the Institute of Museum and Library
Services are coordinated with other activities of the
Federal Government.
‘‘(c)(1) The Commission shall meet not less than
1 time each year in a joint meeting with the National
Museum Services Board, convened for purposes of pro-
viding advice on general policy with respect to financial
assistance for projects described in section 262(a)(4) of
such Act.
‘‘(2) All decisions by the Commission and the Na-
tional Museum Services Board with respect to the advice
on general policy described in paragraph (1) shall be
made by a 2⁄3 majority vote of the total number of the
members of the Commission and the National Museum
Services Board who are present.
‘‘(3) A majority of the members of the Commis-
sion and a majority of the members of the National Mu-
seum Services Board shall constitute a quorum for the
758
conduct of business at official joint meetings of the Com-
mission and the National Museum Services Board.’’.
(b) MEMBERSHIP.—Section 6 of the National
Commission on Libraries and Information Science Act
(20 U.S.C. 1505) is amended—
(1) in subsection (a)—
(A) in the first sentence, by striking ‘‘Li-
brarian of Congress’’ and inserting ‘‘Librarian
of Congress, the Director of the Institute of
Museum and Library Services (who shall serve
as an ex officio, nonvoting member),’’;
(B) in the second sentence—
(i) by striking ‘‘special competence or
interest in’’ and inserting ‘‘special com-
petence in or knowledge of; and
(ii) by inserting before the period the
following: ‘‘and at least one other of whom
shall be knowledgeable with respect to the
library and information service and science
needs of the elderly’’;
(C) in the third sentence, by inserting ‘‘ap-
pointive’’ before ‘‘members’’; and
(D) in the last sentence, by striking ‘‘term
and at least’’ and all that follows and inserting
‘‘term.’’; and
759
(2) in subsection (b), by striking ‘‘the rate spec-
ified’’ and all that follows through ‘‘and while’’ and
inserting ‘‘the daily equivalent of the maximum rate
authorized for a position above grade GS–15 of the
General Schedule under section 5108 of title 5,
United States Code, for each day (including travel-
time) during which the members are engaged in the
business of the Commission. While’’.
SEC. 704. TRANSFER OF FUNCTIONS FROM INSTITUTE OF
MUSEUM SERVICES.
(a) DEFINITIONS.—For purposes of this section,
unless otherwise provided or indicated by the context—
(1) the term ‘‘Federal agency’’ has the meaning
given to the term ‘‘agency’’ by section 551(1) of title
5, United States Code;
(2) the term ‘‘function’’ means any duty, obli-
gation, power, authority, responsibility, right, privi-
lege, activity, or program; and
(3) the term ‘‘office’’ includes any office, ad-
ministration, agency, institute, unit, organizational
entity, or component thereof.
(b) TRANSFER OF FUNCTIONS FROM THE INSTI-
TUTE OF MUSEUM SERVICES AND THE LIBRARY PRO-
GRAM OFFICE.—There are transferred to the Director of
the Institute of Museum and Library Services established
760
under section 203 of the Museum and Library Services
Act—
(1) all functions that the Director of the Insti-
tute of Museum Services exercised before the date of
enactment of this section (including all related func-
tions of any officer or employee of the Institute of
Museum Services); and
(2) all functions that the Director of Library
Programs in the Office of Educational Research and
Improvement in the Department of Education exer-
cised before the date of enactment of this section
and any related function of any officer or employee
of the Department of Education.
(c) DETERMINATIONS OF CERTAIN FUNCTIONS BY
THE OFFICE OF MANAGEMENT AND BUDGET.—If nec-
essary, the Office of Management and Budget shall make
any determination of the functions that are transferred
under subsection (b).
(d) DELEGATION
AND
ASSIGNMENT.—Except
where otherwise expressly prohibited by law or otherwise
provided by this section, the Director of the Institute of
Museum and Library Services may delegate any of the
functions transferred to the Director of the Institute of
Museum and Library Services by this section and any
function transferred or granted to such Director of the
761
Institute of Museum and Library Services after the effec-
tive date of this section to such officers and employees
of the Institute of Museum and Library Services as the
Director of the Institute of Museum and Library Services
may designate, and may authorize successive redelega-
tions of such functions as may be necessary or appro-
priate, except that any delegation of any such functions
with respect to libraries shall be made to the Deputy Di-
rector of the Office of Library Services and with respect
to museums shall be made to the Deputy Director of the
Office of Museum Services. No delegation of functions
by the Director of the Institute of Museum and Library
Services under this section or under any other provision
of this section shall relieve such Director of the Institute
of Museum and Library Services of responsibility for the
administration of such functions.
(e) REORGANIZATION.—The Director of the Insti-
tute of Museum and Library Services may allocate or re-
allocate any function transferred under subsection (b)
among the officers of the Institute of Museum and Li-
brary Services, and may establish, consolidate, alter, or
discontinue such organizational entities in the Institute of
Museum and Library Services as may be necessary or ap-
propriate.
762
(f) RULES.—The Director of the Institute of Mu-
seum and Library Services may prescribe, in accordance
with chapters 5 and 6 of title 5, United States Code,
such rules and regulations as the Director of the Insti-
tute of Museum and Library Services determines to be
necessary or appropriate to administer and manage the
functions of the Institute of Museum and Library Serv-
ices.
(g) TRANSFER AND ALLOCATIONS OF APPROPRIA-
TIONS AND PERSONNEL.—Except as otherwise provided
in this section, the personnel employed in connection
with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, au-
thorizations, allocations, and other funds employed, used,
held, arising from, available to, or to be made available
in connection with the functions transferred by this sec-
tion, subject to section 1531 of title 31, United States
Code, shall be transferred to the Institute of Museum
and Library Services. Unexpended funds transferred pur-
suant to this subsection shall be used only for the pur-
poses for which the funds were originally authorized and
appropriated.
(h) INCIDENTAL TRANSFERS.—The Director of
the Office of Management and Budget, at such time or
times as the Director shall provide, may make such deter-
763
minations as may be necessary with regard to the func-
tions transferred by this section, and make such addi-
tional incidental dispositions of personnel, assets, liabil-
ities, grants, contracts, property, records, and unex-
pended balances of appropriations, authorizations, alloca-
tions, and other funds held, used, arising from, available
to, or to be made available in connection with such func-
tions, as may be necessary to carry out this section. The
Director of the Office of Management and Budget shall
provide for the termination of the affairs of all entities
terminated by this section and for such further measures
and dispositions as may be necessary to effectuate the
purposes of this section.
(i) EFFECT ON PERSONNEL.—
(1) IN
GENERAL.—Except as otherwise pro-
vided by this section, the transfer pursuant to this
section of full-time personnel (except special Govern-
ment employees) and part-time personnel holding
permanent positions shall not cause any such em-
ployee to be separated or reduced in grade or com-
pensation for 1 year after the date of transfer of
such employee under this section.
(2) EXECUTIVE SCHEDULE POSITIONS.—Except
as otherwise provided in this section, any person
who, on the day preceding the effective date of this
764
section, held a position compensated in accordance
with the Executive Schedule prescribed in chapter
53 of title 5, United States Code, and who, without
a break in service, is appointed in the Institute of
Museum and Library Services to a position having
duties comparable to the duties performed imme-
diately preceding such appointment shall continue to
be compensated in such new position at not less
than the rate provided for such previous position, for
the duration of the service of such person in such
new position.
(j) SAVINGS PROVISIONS.—
(1) CONTINUING
EFFECT
OF
LEGAL
DOCU-
MENTS.—All orders, determinations, rules, regula-
tions, permits, agreements, grants, contracts, certifi-
cates, licenses, registrations, privileges, and other
administrative actions—
(A) that have been issued, made, granted,
or allowed to become effective by the President,
any Federal agency or official of a Federal
agency, or by a court of competent jurisdiction,
in the performance of functions that are trans-
ferred under this section; and
(B) that were in effect before the effective
date of this section, or were final before the ef-
765
fective date of this section and are to become
effective on or after the effective date of this
section;
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Director of the
Institute of Museum and Library Services or other author-
ized official, a court of competent jurisdiction, or by oper-
ation of law.
(2) PROCEEDINGS NOT AFFECTED.—This section
shall not affect any proceedings, including notices of pro-
posed rulemaking, or any application for any license, per-
mit, certificate, or financial assistance pending before the
Institute of Museum Services on the effective date of this
section, with respect to functions transferred by this sec-
tion. Such proceedings and applications shall be contin-
ued. Orders shall be issued in such proceedings, appeals
shall be taken from the orders, and payments shall be
made pursuant to the orders, as if this section had not
been enacted, and orders issued in any such proceedings
shall continue in effect until modified, terminated, super-
seded, or revoked by a duly authorized official, by a court
of competent jurisdiction, or by operation of law. Nothing
in this paragraph shall be construed to prohibit the dis-
continuance or modification of any such proceeding under
766
the same terms and conditions and to the same extent
that such proceeding could have been discontinued or
modified if this section had not been enacted.
(3) SUITS NOT AFFECTED.—This section shall
not affect suits commenced before the effective date
of this section, and in all such suits, proceedings
shall be had, appeals taken, and judgments rendered
in the same manner and with the same effect as if
this section had not been enacted.
(4) NONABATEMENT OF ACTIONS.—No suit, ac-
tion, or other proceeding commenced by or against
the Institute of Museum Services, or by or against
any individual in the official capacity of such individ-
ual as an officer of the Institute of Museum Serv-
ices, shall abate by reason of the enactment of this
section.
(5) ADMINISTRATIVE
ACTIONS
RELATING
TO
PROMULGATION OF REGULATIONS.—Any administra-
tive action relating to the preparation or promulga-
tion of a regulation by the Institute of Museum
Services relating to a function transferred under this
section may be continued by the Institute of Mu-
seum and Library Services with the same effect as
if this section had not been enacted.
767
(k) TRANSITION.—The Director of the Institute of
Museum and Library Services may utilize—
(1) the services of such officers, employees, and
other personnel of the Institute of Museum Services
with respect to functions transferred to the Institute
of Museum and Library Services by this section; and
(2) funds appropriated to such functions for
such period of time as may reasonably be needed to
facilitate the orderly implementation of this section.
(l) REFERENCES.—A reference in any other Fed-
eral law, Executive order, rule, regulation, or delegation
of authority, or any document of or relating to—
(1) the Director of the Institute of Museum
Services with regard to functions transferred under
subsection (b), shall be deemed to refer to the Direc-
tor of the Institute of Museum and Library Services;
and
(2) the Institute of Museum Services with re-
gard to functions transferred under subsection (b),
shall be deemed to refer to the Institute of Museum
and Library Services.
(m) ADDITIONAL CONFORMING AMENDMENTS.—
(1) RECOMMENDED LEGISLATION.—After con-
sultation with the appropriate committees of Con-
gress and the director of the Office of Management
768
and Budget, the Director of the Institute of Museum
and Library Services shall prepare and submit to the
appropriate committees of Congress recommended
legislation containing technical and conforming
amendments to reflect the changes made by this sec-
tion.
(2) SUBMISSION TO CONGRESS.—Not later than
6 months after the effective date of this section, the
Director of the Institute of Museum and Library
Services shall submit to the appropriate committees
of Congress the recommended legislation referred to
under paragraph (1).
SEC. 705. SERVICE OF INDIVIDUALS SERVING ON DATE OF
ENACTMENT.
Notwithstanding section 204 of the Museum and
Library Services Act, the individual who was appointed to
the position of Director of the Institute of Museum Serv-
ices under section 205 of the Museum Services Act (as
such section was in effect on the day before the date of
enactment of this Act) and who is serving in such posi-
tion on the day before the date of enactment of this Act
shall serve as the first Director of the Institute of Mu-
seum and Library Services under section 204 of the Mu-
seum and Library Services Act (as added by section 2 of
769
this Act), and shall serve at the pleasure of the Presi-
dent.
SEC. 706. CONSIDERATION.
Consistent with title 5, United States Code, in ap-
pointing employees of the Office of Library Services, the
Director of the Institute of Museum and Library Services
shall give strong consideration to individuals with experi-
ence in administering State-based and national library
and information services programs.
SEC. 707. TRANSITION AND TRANSFER OF FUNDS.
(a) TRANSITION.—The Director of the Office of
Management and Budget shall take appropriate measures
to ensure an orderly transition from the activities pre-
viously administered by the Director of Library Programs
in the Office of Educational Research and Improvement
in the Department of Education to the activities adminis-
tered by the Institute for Museum and Library Services
under this Act. Such measures may include the transfer
of appropriated funds.
(b) TRANSFER.—From any amounts available to
the Secretary of Education for salaries and expenses at
the Department of Education, the Secretary of Education
shall transfer to the Director the amount of funds nec-
essary to ensure the orderly transition from activities pre-
viously administered by the Director of the Office of Li-
770
brary Programs in the Office of Educational Research
and Improvement in the Department of Education to the
activities administered by the Institute for Museum and
Library Services. In no event shall the amount of funds
transferred pursuant to the preceding sentence be less
than $200,000.
SEC. 708. REPEALS.
(a) LIBRARY
SERVICES
AND
CONSTRUCTION
ACT.—The Library Services and Construction Act (20
U.S.C. 351 et seq.) is repealed.
(b) TITLE II OF THE HIGHER EDUCATION ACT
OF 1965.—Title II of the Higher Education Act of 1965
(20 U.S.C. 1021 et seq.), relating to academic libraries
and information services, is repealed.
(c) PART D OF TITLE XIII OF
THE HIGHER
EDUCATION AMENDMENTS
OF 1986.—Part D of title
XIII of the Higher Education Amendments of 1986 (20
U.S.C. 1029 note), relating to library resources, is re-
pealed.
(d) SECTION 519 OF THE EDUCATION AMEND-
MENTS OF 1974.—Section 519 of the Education Amend-
ments of 1974 (20 U.S.C. 1221i) is repealed.
(e) PART F OF
THE TECHNOLOGY
FOR EDU-
CATION ACT OF 1994.—Part F of the Technology for
Education Act of 1994 (20 U.S.C. 7001 et seq.), con-
771
tained in title III of the Elementary and Secondary Edu-
cation Act of 1965, is repealed.
SEC. 709. CONFORMING AMENDMENTS.
(a) REFERENCES
TO LIBRARY SERVICES
AND
CONSTRUCTION ACT.—
(1) TECHNOLOGY
FOR
EDUCATION
ACT
OF
1994.—Section 3113(10) of the Technology for Edu-
cation Act of 1994 (20 U.S.C. 6813(10)) is amended
by striking ‘‘section 3 of the Library Services and
Construction Act;’’ and inserting ‘‘section 213 of the
Library Services and Technology Act;’’
(2) OMNIBUS EDUCATION RECONCILIATION ACT
OF 1981.—Section 528 of the Omnibus Education
Reconciliation Act of 1981 (20 U.S.C. 3489) is
amended—
(A) by striking paragraph (12); and
(B) by redesignating paragraphs (13)
through (15) as paragraphs (12) through (14),
respectively.
(3) ELEMENTARY AND SECONDARY EDUCATION
ACT OF 1965.—Section 3113(10) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6813(10)) is amended by striking ‘‘section 3 of the
Library Services and Construction Act’’ and insert-
772
ing ‘‘section 213 of the Library Services and Tech-
nology Act’’.
(4) COMMUNITY
IMPROVEMENT
VOLUNTEER
ACT OF 1994.—Section 7305 of the Community Im-
provement Volunteer Act of 1994 (40 U.S.C. 276d–
3) is amended—
(A) by striking paragraph (1); and
(A) 
by 
redesignating 
paragraphs 
(2)
through (6) as paragraphs (1) through (5), re-
spectively.
(5) APPALACHIAN
REGIONAL
DEVELOPMENT
ACT OF 1965.—Section 214(c) of the Appalachian
Regional Development Act of 1965 (40 U.S.C. App.
214(c)) is amended by striking ‘‘Library Services
and Construction Act;’’
(6) DEMONSTRATION CITIES AND METROPOLI-
TAN DEVELOPMENT ACT OF 1966.—Section 208(2) of
the Demonstration Cities and Metropolitan Develop-
ment Act of 1966 (42 U.S.C. 3338(2)) is amended
by striking ‘‘title II of the Library Services and Con-
struction Act;’’.
(7) PUBLIC LAW 87–688.—Subsection (c) of the
first section of the Act entitled ‘‘An Act to extend
the application of certain laws to American Samoa’’,
approved September 25, 1962 (48 U.S.C. 1666(c))
773
is amended by striking ‘‘the Library Services Act
(70 Stat. 293; 20 U.S.C. 351 et seq.),’’.
(8) COMMUNICATIONS
ACT
OF
1934.—Para-
graph (4) of section 254(h) of the Communications
Act of 1934 (47 U.S.C. 254(h)(4) is amended by
striking ‘‘library not eligible for participation in
State-based plans for funds under title III of the Li-
brary Services and Construction Act (20 U.S.C.
335c et seq.)’’ and inserting ‘‘library or library con-
sortium not eligible for assistance from a State li-
brary administrative agency under the Library Serv-
ices and Technology Act’’.
(b) REFERENCES
TO INSTITUTE
OF MUSEUM
SERVICES.—
(1) TITLE 5, UNITED STATES CODE.—Section
5315 of title 5 United States Code, is amended by
striking the following:
‘‘Director of the Institute of Museum Services,’’
and inserting the following:
‘‘Director of the Institute of Museum and Li-
brary Services.’’.
(2) DEPARTMENT
OF
EDUCATION
ORGANIZA-
TION ACT.—Section 301 of the Department of Edu-
cation Organization Act (20 U.S.C. 3441) is amend-
ed—
774
(A) in subsection (a)—
(i) by striking paragraph (5); and
(ii) by redesignating paragraphs (6)
and (7) as paragraphs (5) and (6), respec-
tively; and
(B) in subsection (b)—
(i) by striking paragraph (4); and
(ii) by redesignating paragraphs (5)
through (7) as paragraphs (4) through (6),
respectively.
(3) ELEMENTARY AND SECONDARY EDUCATION
ACT OF 1965.—
(A) 
Sections 
2101(b), 
2205(c)(1)(D),
2208(d)(1)(H)(v), and 2209(b)(1)(C)(iv), and
subsection (d)(6) and (e)(2) of section 10401 of
the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6621(b), 6645(c)(1)(D),
6648(d)(1)(H)(v), 6649(b)(1)(C)(vi), and 8091
(d)(6) and (e)(2)) are amended by striking ‘‘the
Institute of Museum Services’’ and inserting
‘‘the Institute of Museum and Library Serv-
ices’’.
(B) Section 10412(b) of such Act (20
U.S.C. 8102(b) is amended—
775
(i) in paragraph (2), by striking ‘‘the
Director of the Institute Museum Serv-
ices,’’ and inserting ‘‘the Director of the
Institute of Museum and Library Serv-
ices,’’; and
(ii) in paragraph (7), by striking ‘‘the
Director of the Institute of Museum Serv-
ices,’’ and inserting ‘‘the director of the In-
stitute of Museum and Library Services,’’.
(C) Section 10414(a)(2)(B) of such Act
(20 U.S.C. 8104(a)(2)(B)) is amended by strik-
ing clause (iii) and inserting the following new
clause:
‘‘(iii) the Institute of Museum and Li-
brary Services.’’.
(c) REFERENCES
TO OFFICE
OF LIBRARIES
AND LEARNING RESOURCES.—Section 413(b)(1) of the
Department of Education Organization Act (20 U.S.C.
3473(b)(1)) is amended—
(1) by striking subparagraph (H); and
(2) by redesignating subparagraphs (I) through
(M) as subparagraphs (H) through (L), respectively.
(d) REFERENCE
TO STATE POSTSECONDARY
REVIEW ENTITY PROGRAMS.—Section 356(b)(2) of the
776
Higher Education Act of 1965 (20 U.S.C. 10696(b)) is
amended by striking ‘‘II,’’.
This Act may be cited as the ‘‘Departments of
Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 1997’’.
(f) For programs, projects or activities in the
Treasury, Postal Service, and General Appropriations
Act, 1997, provided as follows, to be effective as if it had
been enacted into law as the regular appropriations Act:
AN ACT
Making appropriations for the Treasury Depart-
ment, the United States Postal Service, the Executive Of-
fice of the President, and certain Independent Agencies,
for the fiscal year ending September 30, 1997, and for
other purposes.
TITLE I—DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury
Building and Annex; hire of passenger motor vehicles;
maintenance, repairs, and improvements of, and purchase
of commercial insurance policies for, real properties leased
or owned overseas, when necessary for the performance
of official business; not to exceed $2,900,000 for official
777
travel expenses; not to exceed $150,000 for official recep-
tion and representation expenses; not to exceed $258,000
for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Sec-
retary of the Treasury and to be accounted for solely on
his certificate; $111,760,000.
AUTOMATION ENHANCEMENT
INCLUDING TRANSFER OF FUNDS
For the development and acquisition of automatic
data processing equipment, software, and services for the
Department of the Treasury, $27,100,000, of which
$15,000,000 shall be available to the United States Cus-
toms Service for the Automated Commercial Environment
project, and of which $5,600,000 shall be available to the
United States Customs Service for the International
Trade Data System: Provided, That these funds shall re-
main available until September 30, 1999: Provided further,
That these funds shall be transferred to accounts and in
amounts as necessary to satisfy the requirements of the
Department’s offices, bureaus, and other organizations:
Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this
Act: Provided further, That none of the funds shall be used
to support or supplement Internal Revenue Service appro-
priations for Information Systems and Tax Systems Mod-
778
ernization: Provided further, That of the funds appro-
priated for the Automated Commercial Environment,
$3,475,000 may not be obligated until the Commissioner
of Customs consults with the Committees on Appropria-
tions regarding deficiencies identified by the General Ac-
counting Office.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, not to exceed
$2,000,000 for official travel expenses; including hire of
passenger motor vehicles; and not to exceed $100,000 for
unforeseen emergencies of a confidential nature, to be allo-
cated and expended under the direction of the Inspector
General of the Treasury; $29,736,000.
OFFICE OF PROFESSIONAL RESPONSIBILITY
SALARIES AND EXPENSES
For necessary expenses of the Office of Professional
Responsibility, including purchase and hire of passenger
motor vehicles, $1,500,000.
779
TREASURY BUILDINGS AND ANNEX REPAIR AND
RESTORATION
INCLUDING TRANSFER OF FUNDS
For the repair, alteration, and improvement of the
Treasury Building and Annex, $28,213,000, to remain
available until expended: Provided, That funds previously
made available under this title for the Secret Service
Headquarter’s building shall be transferred to the Secret
Service Acquisition, Construction, Improvement and Re-
lated Expenses appropriation.
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES
For necessary expenses of the Financial Crimes En-
forcement Network, including hire of passenger motor ve-
hicles; travel expenses of non-Federal law enforcement
personnel to attend meetings concerned with financial in-
telligence activities, law enforcement, and financial regula-
tion; not to exceed $14,000 for official reception and rep-
resentation expenses; and for assistance to Federal law en-
forcement agencies, with or without reimbursement;
$22,387,000: Provided, That notwithstanding any other
provision of law, the Director of the Financial Crimes En-
forcement Network may procure up to $500,000 in spe-
cialized, unique, or novel automatic data processing equip-
ment, ancillary equipment, software, services, and related
780
resources from commercial vendors without regard to oth-
erwise applicable procurement laws and regulations and
without full and open competition, utilizing procedures
best suited under the circumstances of the procurement
to efficiently fulfill the agency’s requirements: Provided
further, That funds appropriated in this account may be
used to procure personal services contracts.
DEPARTMENT OF THE TREASURY FORFEITURE FUND
For necessary expenses of the Treasury Forfeiture
Fund, as authorized by Public Law 102–393, not to ex-
ceed $10,000,000, to be derived from deposits in the fund:
Provided, That notwithstanding any other provision of
law, not to exceed $7,500,000 shall be made available for
the development of a Federal wireless communication sys-
tem: Provided further, That the Secretary of the Treasury
is authorized to receive all unavailable collections trans-
ferred from the Special Forfeiture Fund established by
section 6073 of the Anti-Drug Abuse Act of 1988 (21
U.S.C. 1509) by the Director of the Office of Drug Con-
trol Policy as a deposit into the Treasury Forfeiture Fund
(31 U.S.C. 9703(a)).
781
VIOLENT CRIME REDUCTION PROGRAMS
INCLUDING TRANSFER OF FUNDS
For activities authorized by Public Law 103–322, to
remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund, as follows:
(a) As authorized by section 190001(e), $89,000,000,
of which $36,595,000 shall be available to the Bureau of
Alcohol, Tobacco and Firearms, of which $3,000,000 shall
be available for administering the Gang Resistance Edu-
cation and Training program, of which $3,662,000 shall
be available for ballistics technologies, including the pur-
chase, maintenance and upgrading of equipment and of
which $29,133,000 shall be available to enhance training
and purchase equipment and services, and of which
$800,000 shall be available for project LEAD; of which
$18,300,000 shall be available to the Secretary as author-
ized by section 732 of Public Law 104–132, as amended
by Section 113 of the Fiscal Year 1997 Department of
Commerce, Justice and State, and the Judiciary, and Re-
lated Agencies Appropriations Act; of which $1,000,000
shall be available to the Financial Crimes Enforcement
Network; of which $20,000,000 shall be available to the
United States Secret Service, of which no less than
$1,400,000 shall be available for a grant for activities re-
lated to the investigations of missing and exploited chil-
782
dren; and of which $13,105,000 shall be available to the
Federal Drug Control Programs, High Intensity Drug
Trafficking Areas program;
(b) As authorized by section 32401, $8,000,000, for
disbursement through grants, cooperative agreements or
contracts, to local governments for Gang Resistance Edu-
cation and Training: Provided, That notwithstanding sec-
tions 32401 and 310001, such funds shall be allocated
only to the affected State and local law enforcement and
prevention organizations participating in such projects.
TREASURY FRANCHISE FUND
There is hereby established in the Treasury a fran-
chise fund pilot, as authorized by section 403 of Public
Law 103–356, to be available as provided in such section
for expenses and equipment necessary for the maintenance
and operation of such financial and administrative support
services as the Secretary determines may be performed
more advantageously as central services: Provided, That
any inventories, equipment, and other assets pertaining to
the services to be provided by such fund, either on hand
or on order, less the related liabilities or unpaid obliga-
tions, and any appropriations made for the purpose of pro-
viding capital, shall be used to capitalize such fund: Pro-
vided further, That such fund shall be reimbursed or cred-
ited with the payments, including advanced payments,
783
from applicable appropriations and funds available to the
Department and other Federal agencies for which such ad-
ministrative and financial services are performed, at rates
which will recover all expenses of operation, including ac-
crued leave, depreciation of fund plant and equipment,
amortization of Automatic Data Processing (ADP) soft-
ware and systems, and an amount necessary to maintain
a reasonable operating reserve, as determined by the Sec-
retary: Provided further, That such fund shall provide
services on a competitive basis: Provided further, That an
amount not to exceed 4 percent of the total annual income
to such fund may be retained in the fund for fiscal year
1997 and each fiscal year thereafter, to remain available
until expended, to be used for the acquisition of capital
equipment and for the improvement and implementation
of Treasury financial management, ADP, and other sup-
port systems: Provided further, That no later than 30 days
after the end of each fiscal year, amounts in excess of this
reserve limitation shall be deposited as miscellaneous re-
ceipts in the Treasury: Provided further, That such fran-
chise fund pilot shall terminate pursuant to section 403(f)
of Public Law 103–356.
784
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Law Enforce-
ment Training Center, as a bureau of the Department of
the Treasury, including materials and support costs of
Federal law enforcement basic training; purchase (not to
exceed 52 for police-type use, without regard to the gen-
eral purchase price limitation) and hire of passenger
motor vehicles; for expenses for student athletic and relat-
ed activities; uniforms without regard to the general pur-
chase price limitation for the current fiscal year; the con-
ducting of and participating in firearms matches and pres-
entation of awards; for public awareness and enhancing
community support of law enforcement training; not to ex-
ceed $9,500 for official reception and representation ex-
penses; room and board for student interns; and services
as authorized by 5 U.S.C. 3109; $54,831,000, of which
up to $13,034,000 for materials and support costs of Fed-
eral law enforcement basic training shall remain available
until September 30, 1999: Provided, That the Center is
authorized to accept and use gifts of property, both real
and personal, and to accept services, for authorized pur-
poses, including funding of a gift of intrinsic value which
shall be awarded annually by the Director of the Center
to the outstanding student who graduated from a basic
785
training program at the Center during the previous fiscal
year, which shall be funded only by gifts received through
the Center’s gift authority: Provided further, That not-
withstanding any other provision of law, students attend-
ing training at any Federal Law Enforcement Training
Center site shall reside in on-Center or Center-provided
housing, insofar as available and in accordance with Cen-
ter policy: Provided further, That funds appropriated in
this account shall be available, at the discretion of the Di-
rector, for: training United States Postal Service law en-
forcement personnel and Postal police officers; State and
local government law enforcement training on a space-
available basis; training of foreign law enforcement offi-
cials on a space-available basis with reimbursement of ac-
tual costs to this appropriation; training of private sector
security officials on a space-available basis with reimburse-
ment of actual costs to this appropriation; and travel ex-
penses of non-Federal personnel to attend course develop-
ment meetings and training at the Center: Provided fur-
ther, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving
training at the Federal Law Enforcement Training Cen-
ter, except that total obligations at the end of the fiscal
year shall not exceed total budgetary resources available
at the end of the fiscal year: Provided further, That the
786
Federal Law Enforcement Training Center is authorized
to provide short term medical services for students under-
going training at the Center.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND
RELATED EXPENSES
For expansion of the Federal Law Enforcement
Training Center, for acquisition of necessary additional
real property and facilities, and for ongoing maintenance,
facility improvements, and related expenses, $18,884,000,
to remain available until expended.
FINANCIAL MANAGEMENT SERVICE
SALARIES AND EXPENSES
For necessary expenses of the Financial Management
Service, 
$196,069,000, 
of 
which 
not 
to 
exceed
$14,277,000 shall remain available until expended for sys-
tems modernization initiatives. In addition, $90,000, to be
derived from the Oil Spill Liability Trust Fund, to reim-
burse the Service for administrative and personnel ex-
penses for financial management of the Fund, as author-
ized by section 1012 of Public Law 101–380: Provided,
That none of the funds made available for systems mod-
ernization initiatives may not be obligated until the Com-
missioner of the Financial Management Service has sub-
mitted, and the Committees on Appropriations of the
House and Senate have approved, a report that identifies,
787
evaluates, and prioritizes all computer systems invest-
ments planned for fiscal year 1997, a milestone schedule
for the development and implementation of all projects in-
cluded in the systems investment plan, and a systems ar-
chitecture plan.
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Alcohol, To-
bacco and Firearms, including purchase of not to exceed
650 vehicles for police-type use for replacement only and
hire of passenger motor vehicles; hire of aircraft; and serv-
ices of expert witnesses at such rates as may be deter-
mined by the Director; for payment of per diem and/or
subsistence allowances to employees where an assignment
to the National Response Team during the investigation
of a bombing or arson incident requires an employee to
work 16 hours or more per day or to remain overnight
at his or her post of duty; not to exceed $12,500 for offi-
cial reception and representation expenses; for training of
State and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection; provision of laboratory assistance to
State and local agencies, with or without reimbursement;
$393,971,000, of which $12,011,000, to remain available
788
until expended, shall be available for arson investigations,
with priority assigned to any arson, explosion or violence
against religious institutions; which not to exceed
$1,000,000 shall be available for the payment of attor-
neys’ fees as provided by 18 U.S.C. 924(d)(2); and of
which $1,000,000 shall be available for the equipping of
any vessel, vehicle, equipment, or aircraft available for of-
ficial use by a State or local law enforcement agency if
the conveyance will be used in drug-related joint law en-
forcement operations with the Bureau of Alcohol, Tobacco
and Firearms and for the payment of overtime salaries,
travel, fuel, training, equipment, and other similar costs
of State and local law enforcement officers that are in-
curred in joint operations with the Bureau of Alcohol, To-
bacco and Firearms: Provided, That no funds made avail-
able by this or any other Act may be used to transfer the
functions, missions, or activities of the Bureau of Alcohol,
Tobacco and Firearms to other agencies or Departments
in the fiscal year ending on September 30, 1997: Provided
further, That no funds appropriated herein shall be avail-
able for salaries or administrative expenses in connection
with consolidating or centralizing, within the Department
of the Treasury, the records, or any portion thereof, of
acquisition and disposition of firearms maintained by Fed-
eral firearms licensees: Provided further, That no funds
789
appropriated herein shall be used to pay administrative
expenses or the compensation of any officer or employee
of the United States to implement an amendment or
amendments to 27 CFR 178.118 or to change the defini-
tion of ‘‘Curios or relics’’ in 27 CFR 178.11 or remove
any item from ATF Publication 5300.11 as it existed on
January 1, 1994: Provided further, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms disabil-
ities under 18 U.S.C. 925(c): Provided further, That such
funds shall be available to investigate and act upon appli-
cations filed by corporations for relief from Federal fire-
arms disabilities under 18 U.S.C. 925(c): Provided further,
That no funds in this Act may be used to provide ballistics
imaging equipment to any State or local authority who
has obtained similar equipment through a Federal grant
or subsidy unless the State or local authority agrees to
return that equipment or to repay that grant or subsidy
to the Federal Government: Provided further, That no
funds available for separation incentive payments as au-
thorized by section 663 of this Act may be obligated with-
out the advance approval of the House and Senate Com-
mittees on Appropriations: Provided further, That no
funds under this Act may be used to electronically retrieve
790
information gathered pursuant to 18 U.S.C. 923(g)(4) by
name or any personal identification code.
LABORATORY FACILITIES
For necessary expenses for design of a new facility
or facilities, to house the Bureau of Alcohol, Tobacco and
Firearms National Laboratory Center and the Fire Inves-
tigation Research and Development Center, not to exceed
185,000 occupiable square feet, $6,978,000, to remain
available until expended: Provided, That these funds shall
not be available until a prospectus of authorization for the
Laboratory Facilities is approved by the House Committee
on Transportation and Infrastructure and the Senate
Committee on Environment and Public Works.
UNITED STATES CUSTOMS SERVICE
SALARIES AND EXPENSES
For necessary expenses of the United States Customs
Service, including purchase of up to 1,000 motor vehicles
of which 960 are for replacement only, including 990 for
police-type use and commercial operations; hire of motor
vehicles; contracting with individuals for personal services
abroad; not to exceed $30,000 for official reception and
representation expenses; and awards of compensation to
informers, as authorized by any Act enforced by the
United States Customs Service; $1,487,250,000; of which
$65,000,000 shall be available until expended for Oper-
ation Hardline; of which $28,000,000 shall remain avail-
791
able until expended for acquisition of aircraft and related
operations and maintenance associated with Operation
Gateway; and of which such sums as become available in
the Customs User Fee Account, except sums subject to
section 13031(f)(3) of the Consolidated Omnibus Rec-
onciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)),
shall be derived from that Account; of the total, not to
exceed $150,000 shall be available for payment for rental
space in connection with preclearance operations, and not
to exceed $4,000,000 shall be available until expended for
research and not to exceed $1,000,000 shall be available
until expended for conducting special operations pursuant
to 19 U.S.C. 2081 and up to $6,000,000 shall be available
until expended for the procurement of automation infra-
structure items, including hardware, software, and instal-
lation: Provided, That uniforms may be purchased without
regard to the general purchase price limitation for the cur-
rent fiscal year: Provided further, That the United States
Custom Service shall implement the General Aviation Tel-
ephonic Entry program within 30 days of enactment of
this Act: Provided further, That no funds available for sep-
aration incentive payments as authorized by section 663
of this Act may be obligated without the advance approval
of the House and Senate Committees on Appropriations:
Provided further, That the Spirit of St. Louis Airport in
792
St. Louis County, Missouri, shall be designated a port of
entry: Provided further, That no funds under this Act may
be used to provide less than 30 days public notice for any
change in apparel regulations: Provided further, That
$750,000 shall be available for additional part-time and
temporary positions in the Honolulu Customs District:
Provided further, That of the funds appropriated
$2,500,000 may be made available for the Western Hemi-
sphere Trade Center authorized by Public Law 103–182.
OPERATION AND MAINTENANCE, AIR AND MARINE
INTERDICTION PROGRAMS
For expenses, not otherwise provided for, necessary
for the operation and maintenance of marine vessels, air-
craft, and other related equipment of the Air and Marine
Programs, including operational training and mission-re-
lated travel, and rental payments for facilities occupied by
the air or marine interdiction and demand reduction pro-
grams, the operations of which include: the interdiction
of narcotics and other goods; the provision of support to
Customs and other Federal, State, and local agencies in
the enforcement or administration of laws enforced by the
Customs Service; and, at the discretion of the Commis-
sioner of Customs, the provision of assistance to Federal,
State, and local agencies in other law enforcement and
emergency humanitarian efforts; $83,363,000, which shall
793
remain available until expended: Provided, That no air-
craft or other related equipment, with the exception of air-
craft which is one of a kind and has been identified as
excess to Customs requirements and aircraft which has
been damaged beyond repair, shall be transferred to any
other Federal agency, Department, or office outside of the
Department of the Treasury, during fiscal year 1997 with-
out the prior approval of the House and Senate Commit-
tees on Appropriations.
CUSTOMS SERVICES AT SMALL AIRPORTS
(TO BE DERIVED FROM FEES COLLECTED)
Such sums as may be necessary for expenses for the
provision of Customs services at certain small airports or
other facilities when authorized by law and designated by
the Secretary of the Treasury, including expenditures for
the salary and expenses of individuals employed to provide
such services, to be derived from fees collected by the Sec-
retary pursuant to section 236 of Public Law 98–573 for
each of these airports or other facilities when authorized
by law and designated by the Secretary, and to remain
available until expended.
HARBOR MAINTENANCE FEE COLLECTION
For administrative expenses related to the collection
of the Harbor Maintenance Fee, pursuant to Public Law
103–182, $3,000,000, to be derived from the Harbor
794
Maintenance Trust Fund and to be transferred to and
merged with the Customs ‘‘Salaries and Expenses’’ ac-
count for such purposes.
BUREAU OF THE PUBLIC DEBT
ADMINISTERING THE PUBLIC DEBT
For necessary expenses connected with any public-
debt issues of the United States; $169,735,000: Provided,
That the sum appropriated herein from the General Fund
for fiscal year 1997 shall be reduced by not more than
$4,400,000 as definitive security issue fees and Treasury
Direct Investor Account Maintenance fees are collected,
so as to result in a final fiscal year 1997 appropriation
from the General Fund estimated at $165,335,000.
INTERNAL REVENUE SERVICE
PROCESSING, ASSISTANCE, AND MANAGEMENT
For necessary expenses of the Internal Revenue Serv-
ice, not otherwise provided for; including processing tax
returns; revenue accounting; providing assistance to tax-
payers, management services, and inspection; including
purchase (not to exceed 150 for replacement only for po-
lice-type use) and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commis-
sioner; $1,779,840,000, of which up to $3,700,000 shall
be for the Tax Counseling for the Elderly Program, and
795
of which not to exceed $25,000 shall be for official recep-
tion and representation expenses.
TAX LAW ENFORCEMENT
For necessary expenses of the Internal Revenue Serv-
ice for determining and establishing tax liabilities; tax and
enforcement litigation; technical rulings; examining em-
ployee plans and exempt organizations; investigation and
enforcement activities; securing unfiled tax returns; col-
lecting unpaid accounts; statistics of income and compli-
ance research; the purchase (for police-type use, not to
exceed 850), and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commis-
sioner $4,104,211,000, of which not to exceed $1,000,000
shall remain available until September 30, 1999, for re-
search.
INFORMATION SYSTEMS
For necessary expenses for data processing and tele-
communications support for Internal Revenue Service ac-
tivities, including tax systems modernization and oper-
ational information systems; the hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and services as authorized
by 5 U.S.C. 3109, at such rates as may be determined
by the Commissioner, $1,323,075,000, of which no less
than $130,075,000 shall be available for Tax Systems
Modernization (TSM) development and deployment which
796
shall be available until September 30, 1999, and of which
no less than $206,200,000 shall be available for TSM
Operational Systems: Provided, That none of the funds
made available for TSM Operational Systems shall be
available after July 31, 1997, unless the Department of
the Treasury has prepared a Request for Proposal which
could be used as a base for a solicitation of a contract
with an alternative or new Prime Contractor to manage,
integrate, test and implement the TSM program: Provided
further, That all activities associated with the development
of a request for proposal, contract solicitation, and con-
tract award for private sector assistance on TSM (both
operational systems and development and deployment sys-
tems), beyond private sector assistance which is currently
under contract, shall be conducted by the Department of
the Treasury’s Modernization Management Board: Pro-
vided further, That if the Internal Revenue Service deter-
mines that it is unable to meet deadlines established here-
in, the Secretary of the Treasury shall notify the Commit-
tees on Appropriations of the House and the Senate of
the delay: Provided further, That the Internal Revenue
Service shall submit, by February 1, 1997, a timetable for
implementing, by October 1, 1997, recommendations
made by the General Accounting Office in its July 1995
report, entitled: ‘‘Tax Systems Modernization: Manage-
797
ment and Technical Weaknesses Must Be Corrected If
Modernization Is To Succeed’’: Provided further, That the
Internal Revenue Service shall submit, by December 1,
1996, a schedule to transfer, not later than July 31, 1997,
a majority of Tax Systems Modernization development,
deployment, management, integration, and testing, from
the Internal Revenue Service to the private sector.
INFORMATION SYSTEMS
(RESCISSION)
Of the funds made available under this heading for
Information 
Systems 
in 
Public 
Law 
104–52,
$115,000,000 are rescinded, in Public Law 103–123,
$17,447,000 are rescinded, in Public Law 102–393,
$15,000,000 are rescinded, and in Public Law 102–141,
$27,000,000 are rescinded.
ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE
SERVICE
SECTION 101. Not to exceed 5 percent of any appro-
priation made available in this Act to the Internal Revenue
Service may be transferred to any other Internal Revenue
Service appropriation upon the advance approval of the
House and Senate Committees on Appropriations.
SEC. 102. The Internal Revenue Service shall main-
tain a training program to insure that Internal Revenue
Service employees are trained in taxpayers’ rights, in deal-
798
ing courteously with the taxpayers, and in cross-cultural
relations.
SEC. 103. The funds provided in this Act for the In-
ternal Revenue Service shall be used to provide as a mini-
mum, the fiscal year 1995 level of service, staffing, and
funding for Taxpayer Services.
SEC. 104. No funds available in this Act to the Inter-
nal Revenue Service for separation incentive payments as
authorized by section 663 of this Act may be obligated
without the advance approval of the House and Senate
Committees on Appropriations.
SEC. 105. The Internal Revenue Service (IRS)
may proceed with its field support reorganization in fiscal
year 1997 after it submits its report, no earlier than
March 1, 1997, to the Committees on Appropriations of
the House and Senate only if the IRS maintains, in fiscal
year 1997, the current level of taxpayer service employees
that work on cases generated through walk in visits and
telephone calls to IRS offices.
SEC. 106. Funds made available by this or any other
Act to the Internal Revenue Service shall be available for
improved facilities and increased manpower to provide suf-
ficient and effective 1–800 help line for taxpayers. The
Commissioner shall make the improvement of the IRS 1–
800 help line service a priority and allocate resources nec-
799
essary to increase phone lines and staff to improve the
IRS 1–800 help line service.
SEC. 107. No funds made available by this Act, or
any other Act, to the Internal Revenue Service may be
used to pay for the design and printing of more than two
ink colors on the covers of income tax packages, and such
ink colors must be the same colors as used to print the
balance of the material in each package.
SEC. 108. Notwithstanding any other provision of
law, no field support reorganization of the Internal Reve-
nue Service shall be undertaken in Aberdeen, South Da-
kota until the Internal Revenue Service toll-free help
phone line assistance program reaches at least an 80 per-
cent service level. The Commissioner shall submit to Con-
gress a report and the GAO shall certify to Congress that
the 80 percent service level has been met.
UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES
For necessary expenses of the United States Secret
Service, including purchase (not to exceed 702 vehicles for
police-type use, of which 665 shall be for replacement
only), and hire of passenger motor vehicles; hire of air-
craft; training and assistance requested by State and local
governments, which may be provided without reimburse-
ment; services of expert witnesses at such rates as may
800
be determined by the Director; rental of buildings in the
District of Columbia, and fencing, lighting, guard booths,
and other facilities on private or other property not in
Government ownership or control, as may be necessary to
perform protective functions; for payment of per diem and/
or subsistence allowances to employees where a protective
assignment during the actual day or days of the visit of
a protectee require an employee to work 16 hours per day
or to remain overnight at his or her post of duty; the con-
ducting of and participating in firearms matches; presen-
tation of awards; and for travel of Secret Service employ-
ees on protective missions without regard to the limita-
tions on such expenditures in this or any other Act: Pro-
vided, That approval is obtained in advance from the
House and Senate Committees on Appropriations; for re-
pairs, alterations, and minor construction at the James
J. Rowley Secret Service Training Center; for research
and development; for making grants to conduct behavioral
research in support of protective research and operations;
not to exceed $20,000 for official reception and represen-
tation expenses; not to exceed $50,000 to provide technical
assistance and equipment to foreign law enforcement orga-
nizations in counterfeit investigations; for payment in ad-
vance for commercial accommodations as may be nec-
essary to perform protective functions; and for uniforms
801
without regard to the general purchase price limitation for
the current fiscal year: Provided further, That 3 U.S.C.
203(a) is amended by deleting ‘‘but not exceeding twelve
hundred in number’’; $528,262,000, of which $1,200,000
shall be available as a grant for activities related to the
investigations of missing and exploited children and shall
remain available until expended.
SALARIES AND EXPENSES
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–52, $7,600,000 are rescinded.
ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND
RELATED EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of construction, repair, alter-
ation, and improvement of facilities, $37,365,000, of
which $8,200,000 shall be available for the Rowley Secret
Service Training Center, to remain available until ex-
pended: Provided, That funds previously provided under
the title, ‘‘Treasury Buildings and Annex Repair and Res-
toration,’’ for the Secret Service’s Headquarters Building,
shall be transferred to this account: Provided further, That
funds for the Rowley Secret Service Training Center shall
not be available until a prospectus authorizing such facili-
ties is approved in accordance with the Public Buildings
Act of 1959, as amended, except that funds may be ex-
802
pended for required expenses in connection with the devel-
opment of a proposed prospectus.
GENERAL PROVISIONS—DEPARTMENT OF THE
TREASURY
SECTION 111. Any obligation or expenditure by the
Secretary in connection with law enforcement activities of
a Federal agency or a Department of the Treasury law
enforcement organization in accordance with 31 U.S.C.
9703(g)(4)(B) from unobligated balances remaining in the
Fund on September 30, 1997, shall be made in compliance
with the reprogramming guidelines contained in the House
and Senate reports accompanying this Act.
SEC. 112. Appropriations to the Treasury Depart-
ment in this Act shall be available for uniforms or allow-
ances therefor, as authorized by law (5 U.S.C. 5901), in-
cluding maintenance, repairs, and cleaning; purchase of
insurance for official motor vehicles operated in foreign
countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased
and used overseas for the current fiscal year; entering into
contracts with the Department of State for the furnishing
of health and medical services to employees and their de-
pendents serving in foreign countries; and services author-
ized by 5 U.S.C. 3109.
803
SEC. 113. None of the funds appropriated by this
title shall be used in connection with the collection of any
underpayment of any tax imposed by the Internal Revenue
Code of 1986 unless the conduct of officers and employees
of the Internal Revenue Service in connection with such
collection, including any private sector employees under
contract to the Internal Revenue Service, complies with
subsection (a) of section 805 (relating to communications
in connection with debt collection), and section 806 (relat-
ing to harassment or abuse), of the Fair Debt Collection
Practices Act (15 U.S.C. 1692).
SEC. 114. The Internal Revenue Service shall insti-
tute policies and procedures which will safeguard the con-
fidentiality of taxpayer information.
SEC. 115. The funds provided to the Bureau of Alco-
hol Tobacco and Firearms for fiscal year 1997 in this Act
for the enforcement of the Federal Alcohol Administration
Act shall be expended in a manner so as not to diminish
enforcement efforts with respect to section 105 of the Fed-
eral Alcohol Administration Act.
SEC. 116. Paragraph (3)(C) of section 9703(g) of
title 31, United States Code, is amended—
(1) by striking in the third sentence ‘‘and at
the end of each fiscal year thereafter’’;
804
(2) by inserting in lieu thereof ‘‘1994, 1995,
and 1996’’; and
(3) by adding at the end the following new sen-
tence: ‘‘At the end of fiscal year 1997, and at the
end of each fiscal year thereafter, the Secretary shall
reserve any amounts that are required to be retained
in the Fund to ensure the availability of amounts in
the subsequent fiscal year for purposes authorized
under subsection (a).’’
SEC. 117. Of the funds available to the Internal Reve-
nue Service, $13,000,000 shall be made available to con-
tinue the private sector debt collection program which was
initiated in fiscal year 1996 and $13,000,000 shall be
transferred to the Departmental Offices appropriation to
initiate a new private sector debt collection program: Pro-
vided, That the transfer provided herein shall be in addi-
tion to any other transfer authority contained in this Act.
SEC. 118. Section 923(j) of title 18, United States
Code, is amended by striking the period after the last sen-
tence, and inserting the following: ‘‘, including the right
of a licensee to conduct ‘curios or relics’ firearms transfers
and business away from their business premises with an-
other licensee without regard as to whether the location
of where the business is conducted is located in the State
specified on the license of either licensee.’’.
805
This title may be cited as the ‘‘Treasury Department
Appropriations Act, 1997’’.
TITLE II—POSTAL SERVICE
PAYMENTS TO THE POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For payment to the Postal Service Fund for revenue
forgone on free and reduced rate mail, pursuant to sub-
sections (c) and (d) of section 2401 of title 39, United
States Code, $85,080,000: Provided, That mail for over-
seas voting and mail for the blind shall continue to be free:
Provided further, That 6-day delivery and rural delivery
of mail shall continue at not less than the 1983 level: Pro-
vided further, That none of the funds made available to
the Postal Service by this Act shall be used to implement
any rule, regulation, or policy of charging any officer or
employee of any State or local child support enforcement
agency, or any individual participating in a State or local
program of child support enforcement, a fee for informa-
tion requested or provided concerning an address of a
postal customer: Provided further, That none of the funds
provided in this Act shall be used to consolidate or close
small rural and other small post offices in the fiscal year
ending on September 30, 1997.
806
PAYMENT TO THE POSTAL SERVICE FUND FOR
NONFUNDED LIABILITIES
For payment to the Postal Service Fund for meeting
the liabilities of the former Post Office Department to the
Employees’ Compensation Fund pursuant to 39 United
States Code 2004, $35,536,000.
TITLE 
III—EXECUTIVE 
OFFICE 
OF 
THE
PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
COMPENSATION OF THE PRESIDENT AND THE WHITE
HOUSE OFFICE
COMPENSATION OF THE PRESIDENT
For compensation of the President, including an ex-
pense allowance at the rate of $50,000 per annum as au-
thorized by 3 U.S.C. 102, $250,000: Provided, That none
of the funds made available for official expenses shall be
expended for any other purpose and any unused amount
shall revert to the Treasury pursuant to section 1552 of
title 31, United States Code: Provided further, That none
of the funds made available for official expenses shall be
considered as taxable to the President.
SALARIES AND EXPENSES
For necessary expenses for the White House as au-
thorized by law, including not to exceed $3,850,000 for
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105;
807
including subsistence expenses as authorized by 3 U.S.C.
105, which shall be expended and accounted for as pro-
vided in that section; hire of passenger motor vehicles,
newspapers, periodicals, teletype news service, and travel
(not to exceed $100,000 to be expended and accounted
for as provided by 3 U.S.C. 103); not to exceed $19,000
for official entertainment expenses, to be available for allo-
cation within the Executive Office of the President;
$40,193,000: Provided, That $420,000 of the funds ap-
propriated may not be obligated until the Director of the
Office of Administration has submitted, and the Commit-
tees on Appropriations of the House and Senate have ap-
proved, a report that identifies, evaluates, and prioritizes
all computer systems investments planned for fiscal year
1997, a milestone schedule for the development and imple-
mentation of all projects included in the systems invest-
ment plan, and a systems architecture plan.
EXECUTIVE RESIDENCE AT THE WHITE HOUSE
OPERATING EXPENSES
For the care, maintenance, repair and alteration, re-
furnishing, improvement, heating and lighting, including
electric power and fixtures, of the Executive Residence at
the White House and official entertainment expenses of
the President, $7,827,000, to be expended and accounted
for as provided by 3 U.S.C. 105, 109–110, 112–114.
808
SPECIAL ASSISTANCE TO THE PRESIDENT AND THE
OFFICIAL RESIDENCE OF THE VICE PRESIDENT
SALARIES AND EXPENSES
For necessary expenses to enable the Vice President
to provide assistance to the President in connection with
specially assigned functions, services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex-
penses as authorized by 3 U.S.C. 106, which shall be ex-
pended and accounted for as provided in that section; and
hire of passenger motor vehicles; $3,280,000: Provided,
That $150,000 of the funds appropriated may not be obli-
gated until the Director of the Office of Administration
has submitted, and the Committees on Appropriations of
the House and Senate have approved, a report that identi-
fies, evaluates, and prioritizes all computer systems invest-
ments planned for fiscal year 1997, a milestone schedule
for the development and implementation of all projects in-
cluded in the systems investment plan, and a systems ar-
chitecture plan.
OPERATING EXPENSES
For the care, operation, refurnishing, improvement,
heating and lighting, including electric power and fixtures,
of the official residence of the Vice President, the hire of
passenger motor vehicles, and not to exceed $90,000 for
official entertainment expenses of the Vice President, to
809
be accounted for solely on his certificate; $324,000: Pro-
vided, That advances or repayments or transfers from this
appropriation may be made to any department or agency
for expenses of carrying out such activities: Provided fur-
ther, That $8,000 of the funds appropriated may not be
obligated until the Director of the Office of Administration
has submitted for approval to the Committees on Appro-
priations of the House and Senate a report that identifies,
evaluates, and prioritizes all computer systems invest-
ments planned for fiscal year 1997, a milestone schedule
for the development and implementation of all projects in-
cluded in the systems investment plan, and a systems ar-
chitecture plan.
COUNCIL OF ECONOMIC ADVISERS
SALARIES AND EXPENSES
For necessary expenses of the Council in carrying out
its functions under the Employment Act of 1946 (15
U.S.C. 1021), $3,439,000.
OFFICE OF POLICY DEVELOPMENT
SALARIES AND EXPENSES
For necessary expenses of the Office of Policy Devel-
opment, including services as authorized by 5 U.S.C.
3109, and 3 U.S.C. 107; $3,867,000: Provided, That
$45,000 of the funds appropriated may not be obligated
until the Director of the Office of Administration has sub-
810
mitted, and the Committees on Appropriations of the
House and Senate have approved, a report that identifies,
evaluates, and prioritizes all computer systems invest-
ments planned for fiscal year 1997, a milestone schedule
for the development and implementation of all projects in-
cluded in the systems investment plan, and a systems ar-
chitecture plan.
NATIONAL SECURITY COUNCIL
SALARIES AND EXPENSES
For necessary expenses of the National Security
Council, including services as authorized by 5 U.S.C.
3109, $6,648,000: Provided, That $3,000 of the funds ap-
propriated may not be obligated until the Director of the
Office of Administration has submitted, and the Commit-
tees on Appropriations of the House and Senate have ap-
proved, a report that identifies, evaluates, and prioritizes
all computer systems investments planned for fiscal year
1997, a milestone schedule for the development and imple-
mentation of all projects included in the systems invest-
ment plan, and a systems architecture plan.
OFFICE OF ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Administra-
tion, $26,100,000, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, and hire of passenger
811
motor vehicles: Provided, That $340,700 of the funds ap-
propriated may not be obligated until the Director of the
Office of Administration has submitted, and the Commit-
tees on Appropriations of the House and Senate have ap-
proved, a report that identifies, evaluates, and prioritizes
all computer systems investments planned for fiscal year
1997, a milestone schedule for the development and imple-
mentation of all projects included in the systems invest-
ment plan, and a systems architecture plan.
OFFICE OF MANAGEMENT AND BUDGET
SALARIES AND EXPENSES
For necessary expenses of the Office of Management
and Budget, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, $55,573,000, of
which not to exceed $5,000,000 shall be available to carry
out the provisions of 44 U.S.C. chapter 35: Provided,
That, as provided in 31 U.S.C. 1301(a), appropriations
shall be applied only to the objects for which appropria-
tions were made except as otherwise provided by law: Pro-
vided further, That none of the funds appropriated in this
Act for the Office of Management and Budget may be
used for the purpose of reviewing any agricultural market-
ing orders or any activities or regulations under the provi-
sions of the Agricultural Marketing Agreement Act of
1937 (7 U.S.C. 601 et seq.): Provided further, That none
812
of the funds made available for the Office of Management
and Budget by this Act may be expended for the altering
of the transcript of actual testimony of witnesses, except
for testimony of officials of the Office of Management and
Budget, before the House and Senate Committees on Ap-
propriations or the House and Senate Committees on Vet-
erans’ Affairs or their subcommittees: Provided further,
That this proviso shall not apply to printed hearings re-
leased by the House and Senate Committees on Appro-
priations or the House and Senate Committees on Veter-
ans’ Affairs.
OFFICE OF NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of National
Drug Control Policy; for research activities pursuant to
title I of Public Law 100–690; not to exceed $8,000 for
official reception and representation expenses; and for par-
ticipation in joint projects or in the provision of services
on matters of mutual interest with nonprofit, research, or
public organizations or agencies, with or without reim-
bursement; $35,838,000, of which $19,000,000 shall re-
main available until expended, consisting of $1,000,000
for policy research and evaluation and $18,000,000 for the
Counter-Drug 
Technology 
Assessment 
Center 
for
813
counternarcotics research and development projects of
which $1,000,000 shall be obligated for state conferences
on model state drug laws: Provided, That the $17,000,000
for the Counter-Drug Technology Assessment Center shall
be available for transfer to other Federal departments or
agencies: Provided further, That the Office is authorized
to accept, hold, administer, and utilize gifts, both real and
personal, for the purpose of aiding or facilitating the work
of the Office: Provided further, That not before January
31, 1997, the Director of the Office of National Drug Con-
trol Policy shall transfer all balances in the Special For-
feiture Fund established by section 6073 of the Anti-Drug
Abuse Act of 1988 (21 U.S.C. § 1509) to the Treasury
Forfeiture Fund (31 U.S.C. 9703(a)).
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of National
Drug Control Policy’s High Intensity Drug Trafficking
Areas Program, $127,102,000 for drug control activities
consistent with the approved strategy for each of the des-
ignated High Intensity Drug Trafficking Areas, of which
$3,000,000 shall be used for a newly designated High In-
tensity Drug Trafficking Area in Lake County, Indiana;
of which $6,000,000 shall be used for a newly designated
High Intensity Drug Trafficking Area for the Gulf Coast
814
States of Louisiana, Alabama, and Mississippi; of which
$8,000,000 shall be used for a newly designated High In-
tensity Drug Trafficking Area dedicated to combating
methamphetamine use, production and trafficking in a five
State area including Iowa, Missouri, Nebraska, South Da-
kota, and Kansas; of which $3,000,000 shall be used for
a newly designated High Intensity Drug Trafficking Area
in the State of Colorado; of which $3,000,000 shall be
used for a newly designated High Intensity Drug Traffick-
ing Area in the Pacific Northwest; of the total amount
appropriated, including transferred funds, no less than
$71,000,000 shall be transferred to State and local enti-
ties for drug control activities, and up to $69,207,000 may
be transferred to Federal agencies and departments at a
rate to be determined by the Director: Provided, That the
funds made available under this head shall be obligated
within 90 days of the date of enactment of this Act.
This title may be cited as the ‘‘Executive Office Ap-
propriations Act, 1997’’.
TITLE IV—INDEPENDENT AGENCIES
COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE
BLIND OR SEVERELY DISABLED
SALARIES AND EXPENSES
For necessary expenses of the Committee for Pur-
chase From People Who Are Blind or Severely Disabled
815
established by the Act of June 23, 1971, Public Law 92–
28; $1,800,000.
FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions
of the Federal Election Campaign Act of 1971, as amend-
ed, $28,165,000, of which no less than $2,500,000 shall
be available for internal automated data processing sys-
tems, and of which not to exceed $5,000 shall be available
for reception and representation expenses.
FEDERAL LABOR RELATIONS AUTHORITY
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorga-
nization Plan Numbered 2 of 1978, and the Civil Service
Reform Act of 1978, including services as authorized by
5 U.S.C. 3109, including hire of experts and consultants,
hire of passenger motor vehicles, rental of conference
rooms in the District of Columbia and elsewhere;
$21,588,000: Provided, That public members of the Fed-
eral Service Impasses Panel may be paid travel expenses
and per diem in lieu of subsistence as authorized by law
(5 U.S.C. 5703) for persons employed intermittently in
the Government service, and compensation as authorized
by 5 U.S.C. 3109: Provided further, That notwithstanding
816
31 U.S.C. 3302, funds received from fees charged to non-
Federal participants at labor-management relations con-
ferences shall be credited to and merged with this account,
to be available without further appropriation for the costs
of carrying out these conferences.
GENERAL SERVICES ADMINISTRATION
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFER OF FUNDS)
For additional expenses necessary to carry out the
purpose of the Fund established pursuant to section
210(f) of the Federal Property and Administrative Serv-
ices Act of 1949, as amended (40 U.S.C. 490(f)),
$400,544,000, to be deposited into said Fund. The reve-
nues and collections deposited into the Fund shall be avail-
able for necessary expenses of real property management
and related activities not otherwise provided for, including
operation, maintenance, and protection of federally owned
and leased buildings; rental of buildings in the District
of Columbia; restoration of leased premises; moving gov-
ernmental agencies (including space adjustments and tele-
communications relocation expenses) in connection with
the assignment, allocation and transfer of space; contrac-
tual services incident to cleaning or servicing buildings,
and moving; repair and alteration of federally owned build-
ings including grounds, approaches and appurtenances;
817
care and safeguarding of sites; maintenance, preservation,
demolition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise author-
ized by law; acquisition of options to purchase buildings
and sites; conversion and extension of federally owned
buildings; preliminary planning and design of projects by
contract or otherwise; construction of new buildings (in-
cluding equipment for such buildings); and payment of
principal, interest, taxes, and any other obligations for
public buildings acquired by installment purchase and pur-
chase 
contract, 
in 
the 
aggregate 
amount 
of
$5,555,544,000 of which (1) not to exceed $657,711,000
shall remain available until expended for construction of
additional projects and at maximum construction improve-
ment costs (including funds for sites and expenses and as-
sociated design and construction services) as follows:
New Construction:
California:
Fresno, Federal Building and U.S. Courthouse,
$6,595,000
Colorado:
Denver, Rogers Federal Building-U.S. Court-
house, $9,545,000
District of Columbia:
U.S. Courthouse Annex, $5,703,000
818
Florida:
Miami, U.S. Courthouse, $24,990,000
Orlando, U.S. Courthouse, $9,514,000
Kentucky:
Covington, U.S. Courthouse, $17,134,000
London, U.S. Courthouse, $13,732,000
Montana:
Babb, Piegan Border Station, $333,000
Sweetgrass, Border Station, $1,059,000
Nevada:
Las Vegas, U.S. Courthouse, $83,719,000
New York:
Brooklyn, U.S. Courthouse, $169,000,000
Ohio:
Cleveland, U.S. Courthouse, $128,559,000
Youngstown, U.S. Courthouse, $15,813,000
Oregon:
Portland, Consolidated Law Federal Office
Building, $4,750,000
Pennsylvania:
Erie, U.S. Courthouse Annex, $3,300,000
Philadelphia, DVA-Federal Complex, Phase II,
$13,765,000
South Carolina:
Columbia, U.S. Courthouse Annex, $43,848,000
819
Texas:
Corpus Christi, U.S. Courthouse, $24,161,000
Utah:
Salt Lake City, Moss U.S. Courthouse Annex
and Alteration, $11,474,000
Washington:
Blaine, U.S. Border Station, $13,978,000
Oroville, U.S. Border Station, $1,452,000
Seattle, U.S. Courthouse, $16,853,000
Sumas, 
U.S. 
Border 
Station 
(Claim),
$1,177,000
Nationwide:
Non-prospectus 
construction 
projects,
$10,000,000
Security Enhancements, $27,256,000:
Provided, That each of the immediately foregoing limits
of costs on new construction projects may be exceeded to
the extent that savings are affected in other such projects,
but not to exceed 10 percent unless advance approval is
obtained from the House and Senate Committees on Ap-
propriations of a greater amount: Provided further, That
the cost of future U.S. Courthouse annex projects shall
reflect savings through improving design efficiencies, cur-
tailing planned interior finishes, requiring more efficient
use of courtroom and library space, and by otherwise lim-
820
iting space requirements: Provided further, That from
funds 
available 
in 
the 
Federal 
Buildings 
Fund,
$20,000,000 shall be available until expended for environ-
mental clean up activities at the Southeast Federal Center
in the District of Columbia and $81,000,000 shall be
available until expended for design and construction activi-
ties at the Consolidated Law Federal Office Building in
Portland, Oregon: Provided further, That from funds
available 
for 
non-prospectus 
construction 
projects,
$250,000 may be available until expended for the acquisi-
tion, lease, construction, and equipping of flexiplace work
telecommuting centers in West Virginia: Provided further,
That all funds for direct construction projects shall expire
on September 30, 1999: (2) not to exceed $639,000,000
shall remain available until expended, for repairs and al-
terations which includes associated design and construc-
tion services: Provided further, That funds in the Federal
Buildings Fund for Repairs and Alterations shall, for pro-
spectus projects, be limited to the amount by project as
follows, except each project may be increased by an
amount not to exceed 10 per centum unless advance ap-
proval is obtained from the Committees on Appropriations
of the House and Senate of a greater amount:
Repairs and alterations:
District of Columbia:
821
Ariel Rios Building, $62,740,000
Justice Department, Phase 1 of 3, $50,000,000
Lafayette Building, $5,166,000
Hawaii:
Honolulu, Prince Jonah Kuhio Kalanianaole
Federal Building and U.S. Courthouse, $4,140,000
Illinois:
Chicago, Everett M. Dirksen Federal Building,
$18,844,000
Chicago, John C. Kluczynski, Jr. Federal
Building (IRS), $13,414,000
Louisiana:
New Orleans, Customhouse, $3,500,000
Maryland:
Montgomery County, White Oak environmental
clean up activities, $10,000,000
Massachusetts:
Andover, 
IRS 
Regional 
Service 
Center,
$812,000
New Hampshire:
Concord, J.C. Cleveland Federal Building,
$8,251,000
New Jersey:
Camden, 
U.S. 
Post 
Office-Courthouse
$11,096,000
822
New York:
Albany, James T. Foley Post Office-Court-
house, $3,880,000
Brookhaven, IRS Service Center, $2,272,000
New York, Jacob K. Javits Federal Building,
$13,651,000
Pennsylvania:
Scranton, Federal Building-U.S. Courthouse,
$10,610,000
Rhode Island:
Providence, Federal Building-U.S. Courthouse,
$8,209,000
Texas:
Fort Worth, Federal Center, $11,259,000
Nationwide:
Chlorofluorocarbons Program, $23,456,000
Elevator Program, $10,000,000
Energy Program, $20,000,000
Security 
Enhancements, 
various 
buildings,
$2,700,000
Basic Repairs and Alterations, $345,000,000:
Provided further, That additional projects for which
prospectuses have been fully approved may be funded
under this category only if advance approval is obtained
from the Committees on Appropriations of the House and
823
Senate: Provided further, That the amounts provided in
this or any prior Act for Repairs and Alterations may be
used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and
in compliance with the reprogramming guidelines of the
appropriate Committees of the House and Senate: Pro-
vided further, That funds in the Federal Buildings Fund
for Repairs and Alterations shall, for prospectus projects,
be limited to the originally authorized amount, except each
project may be increased by an amount not to exceed 10
percent when advance approval is obtained from the Com-
mittees on Appropriations of the House and Senate of a
greater amount: Provided further, That the difference be-
tween the funds appropriated and expended on any
projects in this or any prior Act, under the heading ‘‘Re-
pairs and Alterations’’, may be transferred to Basic Re-
pairs and Alterations or used to fund authorized increases
in prospectus projects: Provided further, That from funds
made available for Basic Repairs and Alterations,
$8,000,000 shall be made available for renovation of the
Agricultural Research Service Laboratory in Ames, Iowa,
which is currently occupied by the Animal and Plant
Health Inspection Service: Provided further, That from
funds made available for Basic Repairs and Alterations,
824
$1,450,000 may be available for the renovation of the Pio-
neer Courthouse located at 520 SW Morrison, in Portland,
Oregon: Provided further, That from funds made available
for Basic Repairs and Alterations, $6,000,000 shall be
used for necessary expenses associated with ongoing con-
struction of the U.S. Courthouse in Montgomery, Ala-
bama: Provided further, That from funds made available
for Basic Repairs and Alterations, $100,000 shall be
transferred to the National Park Service ‘‘Construction’’
appropriation for restoration and maintenance of the
multi-purpose field at Wallenberg Place in Washington,
DC: Provided further, That all funds for repairs and alter-
ations prospectus projects shall expire on September 30,
1999, and remain in the Federal Buildings Fund except
funds for projects as to which funds for design or other
funds have been obligated in whole or in part prior to such
date: Provided further, That the amount provided in this
or any prior Act for Basic Repairs and Alterations may
be used to pay claims against the Government arising
from any projects under the heading ‘‘Repairs and Alter-
ations’’ or used to fund authorized increases in prospectus
projects: Provided further, That $5,700,000 of the funds
provided under this heading in Public Law 103–329, for
the IRS Service Center, Holtsville, New York, shall be
available until September 30, 1998; (3) not to exceed
825
$173,075,000 for installment acquisition payments includ-
ing payments on purchase contracts which shall remain
available until expended: Provided further, That up to
$1,500,000 shall be available for a design prospectus of
the Federal Building and U.S. Courthouse located at 811
Grand Avenue in Kansas City, Missouri; (4) not to exceed
$2,343,795,000 for rental of space which shall remain
available until expended; and (5) not to exceed
$1,552,651,000 for building operations which shall remain
available until expended and of which $8,000,000 shall be
transferred to the ‘‘Policy and Operations’’ appropriation:
Provided further, That funds available to the General Serv-
ices Administration shall not be available for expenses in
connection with any construction, repair, alteration, and
acquisition project for which a prospectus, if required by
the Public Buildings Act of 1959, as amended, has not
been approved, except that necessary funds may be ex-
pended for each project for required expenses in connec-
tion with the development of a proposed prospectus: Pro-
vided further, That the Administrator of General Services
shall, at the earliest practicable date, initiate discussions
with the Smithsonian Institution on the feasibility of
transferring Federal Building 10B located at 600 Inde-
pendence Avenue SW., Washington, DC to the Smithso-
nian Institution at such price and under such terms and
826
conditions as determined appropriate by the Administrator
and subject to the prior approval of the appropriate au-
thorizing and appropriations committees of the Congress:
Provided further, That funds provided in this Act under
the heading ‘‘Security Enhancements, various buildings’’
may be used, by project in accordance with an approved
prospectus: Provided further, That the Administrator is
authorized in fiscal year 1997 and thereafter, to enter into
and perform such leases, contracts, or other transactions
with any agency or instrumentality of the United States,
the several States, or the District of Columbia, or with
any person, firm, association, or corporation, as may be
necessary to implement the trade center plan at the Fed-
eral Triangle Project and is hereby granted all the rights
and authorities of the former Pennsylvania Avenue Devel-
opment Corporation (PADC) with regard to property
transferred from the PADC to the General Services Ad-
ministration in fiscal year 1996: Provided further, That
notwithstanding any other provision of law, the Adminis-
trator of General Services is hereby authorized to use all
funds transferred from the PADC or income earned on
PADC properties for activities associated with carrying
out the responsibilities of the PADC transferred to the
Administrator of General Services and that any such in-
come earned on or after April 1, 1996, shall be deposited
827
to the Pennsylvania Avenue Activities account and shall
remain available until expended: Provided further, That
any funds or income as may be deemed by the Adminis-
trator as excess to the amount needed to fulfill the PADC
responsibilities transferred to the Administrator of Gen-
eral Services, shall be applied to any outstanding debt,
with the exception of debt associated with the Ronald
Reagan Building and International Trade Center, in-
curred by the PADC in the course of acquiring real estate:
Provided further, That with respect to real property trans-
ferred from the PADC to the General Services Adminis-
tration pursuant to section 313 of Public Law 104–134,
Title III, General Provisions, the Administrator of General
Services is hereafter authorized and directed to make pay-
ments required by section 10(b) of the PADC Act of 1972,
Public Law 92–578 in the same manner as previously paid
by the PADC: Provided further, That for the purposes of
this authorization, buildings constructed pursuant to the
purchase contract authority of the Public Buildings
Amendments of 1972 (40 U.S.C. 602a), buildings occu-
pied pursuant to installment purchase contracts, and
buildings under the control of another department or
agency where alterations of such buildings are required
in connection with the moving of such other department
or agency from buildings then, or thereafter to be, under
828
the control of the General Services Administration shall
be considered to be federally owned buildings: Provided
further, That funds available in the Federal Buildings
Fund may be expended for emergency repairs when ad-
vance approval is obtained from the Committees on Appro-
priations of the House and Senate: Provided further, That
amounts necessary to provide reimbursable special services
to other agencies under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949, as
amended (40 U.S.C. 490(f)(6)) and amounts to provide
such reimbursable fencing, lighting, guard booths, and
other facilities on private or other property not in Govern-
ment ownership or control as may be appropriate to enable
the United States Secret Service to perform its protective
functions pursuant to 18 U.S.C. 3056, as amended, shall
be available from such revenues and collections: Provided
further, That revenues and collections and any other sums
accruing to this Fund during fiscal year 1997, excluding
reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40
U.S.C. 490(f)(6)) in excess of $5,555,544,000 shall re-
main in the Fund and shall not be available for expendi-
ture except as authorized in appropriations Acts.
POLICY AND OPERATIONS
For expenses authorized by law, not otherwise pro-
vided for, for Government-wide policy and oversight activi-
829
ties associated with asset management activities; utiliza-
tion and donation of surplus personal property; transpor-
tation management activities; procurement and supply
management activities; Government-wide and internal re-
sponsibilities relating to automated data management,
telecommunications, information resources management,
and related technology activities; utilization survey, deed
compliance inspection, appraisal, environmental and cul-
tural analysis, and land use planning functions pertaining
to excess and surplus real property; agency-wide policy di-
rection; Board of Contract Appeals; accounting, records
management, and other support services incident to adju-
dication of Indian Tribal Claims by the United States
Court of Federal Claims; services as authorized by 5
U.S.C. 3109; and not to exceed $5,000 for official recep-
tion and representation expenses; $110,173,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General and services authorized by 5 U.S.C. 3109,
$33,863,000: Provided, That not to exceed $5,000 shall
be available for payment for information and detection of
fraud against the Government, including payment for re-
covery of stolen Government property: Provided further,
That not to exceed $2,500 shall be available for awards
to employees of other Federal agencies and private citizens
830
in recognition of efforts and initiatives resulting in en-
hanced Office of Inspector General effectiveness.
ALLOWANCES AND OFFICE STAFF FOR FORMER
PRESIDENTS
For carrying out the provisions of the Act of August
25, 1958, as amended (3 U.S.C. 102 note), and Public
Law 95–138, $2,180,000: Provided, That the Adminis-
trator of General Services shall transfer to the Secretary
of the Treasury such sums as may be necessary to carry
out the provisions of such Acts.
EXPENSES, PRESIDENTIAL TRANSITION
For expenses necessary to carry out the Presidential
Transition Act of 1963, as amended (3 U.S.C. 102 note),
$5,600,000.
GENERAL PROVISIONS—GENERAL SERVICES
ADMINISTRATION
SEC. 401. The appropriate appropriation or fund
available to the General Services Administration shall be
credited with the cost of operation, protection, mainte-
nance, upkeep, repair, and improvement, included as part
of rentals received from Government corporations pursu-
ant to law (40 U.S.C. 129).
SEC. 402. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
831
SEC. 403. Funds in the Federal Buildings Fund
made available for fiscal year 1997 for Federal Buildings
Fund activities may be transferred between such activities
only to the extent necessary to meet program require-
ments: Provided, That any proposed transfers shall be ap-
proved in advance by the Committees on Appropriations
of the House and Senate.
SEC. 404. No funds made available by this Act shall
be used to transmit a fiscal year 1998 request for United
States Courthouse construction that does not meet the de-
sign guide standards for construction as established by the
General Services Administration, the Judicial Conference
of the United States, and the Office of Management and
Budget and does not reflect the priorities of the Judicial
Conference of the United States as set out in its approved
5-year construction plan: Provided, That the request must
be accompanied by a standardized courtroom utilization
study of each facility to be replaced or expanded.
SEC. 405. None of the funds provided in this Act may
be used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Build-
ings Fund, to any agency which does not pay the re-
quested rate per square foot assessment for space and
services as determined by the General Services Adminis-
832
tration in compliance with the Public Buildings Amend-
ments Act of 1972 (Public Law 92–313).
SEC. 406. The Administrator of the General Services
is directed to ensure that the materials used for the facade
on the United States Courthouse Annex, Savannah, Geor-
gia project are compatible with the existing Savannah
Federal Building-U.S. Courthouse facade, in order to en-
sure compatibility of this new facility with the Savannah
historic district and to ensure that the Annex will not en-
danger the National Landmark status of the Savannah
historic district.
SEC. 407. (a) Section 210 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 490)
is amended by adding at the end the following new sub-
section:
‘‘(l)(1) The Administrator may establish, acquire
space for, and equip flexiplace work telecommuting centers
(in this subsection referred to as ‘telecommuting centers’)
for use by employees of Federal agencies, State and local
governments, and the private sector in accordance with
this subsection.
‘‘(2) The Administrator may make any telecommut-
ing center available for use by individuals who are not
Federal employees to the extent the center is not being
fully utilized by Federal employees. The Administrator
833
shall give Federal employees priority in using the tele-
commuting centers.
‘‘(3)(A) The Administrator shall charge user fees for
the use of any telecommuting center. The amount of the
user fee shall approximate commercial charges for com-
parable space and services except that in no instance shall
such fee be less than that necessary to pay the cost of
establishing and operating the center, including the rea-
sonable cost of renovation and replacement of furniture,
fixtures, and equipment.
‘‘(B) Amounts received by the Administrator after
September 30, 1993, as user fees for use of any tele-
commuting center may be deposited into the Fund estab-
lished under subsection (f) of this section and may be used
by the Administrator to pay costs incurred in the estab-
lishment and operation of the center.
‘‘(4) The Administrator may provide guidance, assist-
ance, and oversight to any person regarding establishment
and operation of alternative workplace arrangements, such
as telecommuting, hoteling, virtual offices, and other dis-
tributive work arrangements.
‘‘(5) In considering whether to acquire any space,
quarters, buildings, or other facilities for use by employees
of any executive agency, the head of that agency shall con-
sider whether the need for the facilities can be met using
834
alternative workplace arrangements referred to in para-
graph (4).’’.
(b) Section 13 of the Public Building Act of 1959,
as amended, (107 Stat. 438; 40 U.S.C. 612) is amended—
(1) by striking ‘‘(xi)’’ and inserting in lieu
thereof ‘‘(xii)’’; and
(2) by striking ‘‘and (x)’’ and inserting in lieu
thereof ‘‘(x) telecommuting centers and (xi)’’.
SEC. 408. Notwithstanding any other provision of
law, the Administrator of General Services is authorized
and directed to acquire the land bounded by S.W. First
Avenue, S.W. Second Avenue, S.W. Main Street, and S.W.
Madison Street, Portland, Oregon, for the purposes of
constructing the proposed Law Enforcement Center on the
site.
SEC. 409. Section 2815 of Public Law 103–160, re-
lating to the conveyance of real property at the Iowa Army
Ammunition Plant, is amended—
(1) in subsection (a), by striking ‘‘may convey
to’’ and inserting ‘‘shall convey, without reimburse-
ment and if requested by,’’; and
(2) by striking subsection (b) and inserting the
following new subsection:
‘‘(b) USE OF WATER AND SEWER LINES.—As part
of the conveyance under subsection (a), the Secretary shall
835
permit the City to use existing water and sewer lines and
sewage system at the Iowa Army Ammunition Plant for
a three-year period beginning on the date of the convey-
ance.’’.
SEC. 410. (a) CONVEYANCE OF LAND.—
(1) ADMINISTRATOR OF GENERAL SERVICES.—
Subject to subsections (b) and (c), the Administrator
of General Services (hereinafter in this section re-
ferred to as the ‘‘Administrator’’) shall convey, with-
out compensation, to a nonprofit organization known
as the ‘‘Beaver County Corporation for Economic
Development’’ all right, title, and interest of the
United States in and to those pieces or parcels of
land in Hopewell Township, Pennsylvania, described
in subsection (b), together with all improvements
thereon and appurtenances thereto. The purpose of
the conveyance is to provide a site for economic de-
velopment in Hopewell Township.
(2) PROPERTY
DESCRIPTION.—The land re-
ferred to in paragraph (1) is the parcel of land in
the township of Hopewell, county of Beaver, Penn-
sylvania, bounded and described as follows:
(A) Beginning at the southwest corner at
a point common to Lot No. 1, same plan, lands
now or formerly of Frank and Catherine
836
Wutter, and the easterly right-of-way line of
Pennsylvania Legislative Route No. 60 (Beaver
Valley Expressway); thence proceeding by the
easterly right-of-way of Pennsylvania Legisla-
tive Route No. 60 by the following three
courses and distances:
(i) North 17 degrees, 14 minutes, 20
seconds West, 213.10 feet to a point.
(ii) North 72 degrees, 45 minutes, 40
seconds East, 30.00 feet to a point.
(iii) North 17 degrees, 14 minutes, 20
seconds West, 252.91 feet to a point; on a
line dividing Lot No. 1 from the other part
of Lot No. 1, said part now called Lot No.
5, same plan; thence by last mentioned di-
viding line, North 78 degrees, 00 minutes,
00 seconds East; 135.58 feet to a point, a
cul-de-sac on Industrial Drive; thence by
said cul-de-sac and the southerly side of
Industrial Drive by the following courses
and distances:
(I) By a curve to the right hav-
ing a radius of 100.00 feet for an arc
distance of 243.401 feet to a point.
837
(II) Thence by a curve to the
right having a radius of 100.00 feet
for an arc distance of 86.321 feet to
a point.
(III) Thence by 78 degrees, 00
minutes, 00 seconds East, 777.78 feet
to a point.
(IV) Thence, North 12 degrees,
00 minutes, 00 seconds West, 74.71
feet to a point.
(V) Thence by a curve to the
right, having a radius of 50.00 feet
for an arc distance of 78.54 feet to a
point.
(VI) Thence North 78 degrees,
00 minutes, 00 seconds East, 81.24
feet to a point.
(VII) Thence by a curve to the
right, having a radius of 415.00 feet
for an arc distance of 140.64 feet to
a point.
(VIII) Thence, South 82 degrees,
35 minutes, 01 second East, 125.00
feet to a point.
838
(IX) Thence, South 7 degrees, 24
minutes, 59 seconds West, 5.00 feet
to a point.
(X) Thence by a curve to the
right, having a radius of 320.00 feet
for an arc distance of 256.85 feet to
a point.
(XI) Thence by a curve to the
right having a radius of 50.00 feet for
an arc distance of 44.18 feet to a
point on the northerly side of Airport
Road.
(B) Thence by the northerly side thereof
by the following:
(i) South 14 degrees, 01 minutes, 54
seconds, West, 56.94 feet to a point.
(ii) Thence by a curve to the right
having a radius of 225.00 feet for an arc
distance of 207.989 feet to a point.
(iii) Thence South 66 degrees, 59
minutes, 45 seconds West, 192.08 feet to
a point on the southern boundary of Lot
No. 1, which line is also the line dividing
Lot No. 1 from lands now or formerly, of
Frank and Catherine Wutter.
839
(C) Thence by the same, South 75 degrees,
01 minutes, 00 seconds West, 1,351.23 feet to
a point at the place of beginning.
(3) DATE OF CONVEYANCE.—The date of the
conveyance of property required under paragraph
(1) shall be not later than the 90th day following the
date of the enactment of this Act.
(4) CONVEYANCE TERMS.—
(A) TERMS AND CONDITIONS.—The con-
veyance of property required under paragraph
(1) shall be subject to such terms and condi-
tions as may be determined by the Adminis-
trator to be necessary to safeguard the interests
of the United States. Such terms and condi-
tions shall be consistent with the terms and
conditions set forth in this section.
(B) QUITCLAIM DEED.—The conveyance of
property required under paragraph (1) shall be
by quitclaim deed.
(b) LIMITATION ON CONVEYANCE.—No part of any
land conveyed under subsection (a) may be used, during
the 30-year period beginning on the date of conveyance
for any purpose other than economic development.
(c) REVERSIONARY INTEREST.—
840
(1) IN
GENERAL.—The property conveyed
under subsection (a) shall revert to the United
States on any date in the 30-year period beginning
on the date of such conveyance on which the prop-
erty is used for a purpose other than economic devel-
opment.
(2) ENFORCING
REVERSION.—The Adminis-
trator shall perform all acts necessary to enforce any
reversion of property to the United States under this
subsection.
(3) INVENTORY OF PUBLIC BUILDINGS SERV-
ICE.—Property that reverts to the United States
under this subsection shall be under the control of
the General Services Administration.
SEC. 411. Notwithstanding any other provision of
law, the land contained in block 111 in the Federal Dis-
trict, Denver, Colorado, obtained pursuant to paragraphs
(6) and (7) of section 12(b) of Public Law 94–204 (43
U.S.C. 1611 note) shall not be subject to condemnation
by any agency or instrumentality of the Federal Govern-
ment, without the consent of the owner of that land.
841
JOHN F. KENNEDY ASSASSINATION RECORDS REVIEW
BOARD
For necessary expenses to carry out the John F. Ken-
nedy Assassination Records Collection Act of 1992,
$2,150,000.
MERIT SYSTEMS PROTECTION BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out functions of the
Merit Systems Protection Board pursuant to Reorganiza-
tion Plan Numbered 2 of 1978 and the Civil Service Re-
form Act of 1978, including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District
of Columbia and elsewhere, hire of passenger motor vehi-
cles, and direct procurement of survey printing,
$23,923,000, together with not to exceed $2,430,000 for
administrative expenses to adjudicate retirement appeals
to be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Sys-
tems Protection Board.
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
OPERATING EXPENSES
For necessary expenses in connection with the admin-
istration of the National Archives (including the Informa-
tion Security Oversight Office) and records and related ac-
842
tivities, as provided by law, and for expenses necessary
for the review and declassification of documents, and for
the hire of passenger motor vehicles, $196,963,000: Pro-
vided, That the Archivist of the United States is author-
ized to use any excess funds available from the amount
borrowed for construction of the National Archives facil-
ity, for expenses necessary to move into the facility.
ARCHIVES FACILITIES AND PRESIDENTIAL LIBRARIES
REPAIRS AND RESTORATION
For the repair, alteration, and improvement of ar-
chives facilities and presidential libraries, and to provide
adequate storage for holdings, $16,229,000 to remain
available until expended.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS
COMMISSION
GRANTS PROGRAM
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, as amended, $5,000,000 to remain available
until expended.
OFFICE OF GOVERNMENT ETHICS
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the
Office of Government Ethics pursuant to the Ethics in
Government Act of 1978, as amended by Public Law 100–
598, and the Ethics Reform Act of 1989, Public Law 101–
843
194, including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to ex-
ceed $1,500 for official reception and representation ex-
penses; $8,078,000.
OFFICE OF PERSONNEL MANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses to carry out functions of the
Office of Personnel Management pursuant to Reorganiza-
tion Plan Numbered 2 of 1978 and the Civil Service Re-
form Act of 1978, including services as authorized by 5
U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of
passenger motor vehicles; not to exceed $2,500 for official
reception and representation expenses; advances for reim-
bursements to applicable funds of the Office of Personnel
Management and the Federal Bureau of Investigation for
expenses incurred under Executive Order 10422 of Janu-
ary 9, 1953, as amended; and payment of per diem and/
or subsistence allowances to employees where Voting
Rights Act activities require an employee to remain over-
night at his or her post of duty; $87,076,000, of which
not to exceed $1,000,000 shall be available for the estab-
844
lishment of health promotion and disease prevention pro-
grams for Federal employees; and in addition $94,736,000
for administrative expenses, to be transferred from the ap-
propriate trust funds of the Office of Personnel Manage-
ment without regard to other statutes, including direct
procurement of printing materials for annuitants, for the
retirement and insurance programs, of which $3,500,000
shall be transferred at such times as the Office of Person-
nel Management deems appropriate, and shall remain
available until expended for the costs of automating the
retirement recordkeeping systems, together with remain-
ing amounts authorized in previous Acts for the record-
keeping systems: Provided, That the provisions of this ap-
propriation shall not affect the authority to use applicable
trust funds as provided by section 8348(a)(1)(B) of title
5, United States Code: Provided further, That, except as
may be consistent with 5 U.S.C. 8902a(f)(1) and (i), no
payment may be made from the Employees Health Bene-
fits Fund to any physician, hospital, or other provider of
health care services or supplies who is, at the time such
services or supplies are provided to an individual covered
under chapter 89 of title 5, United States Code, excluded,
pursuant to section 1128 or 1128A of the Social Security
Act (42 U.S.C. 1320a–7–1320a–7a), from participation in
any program under title XVIII of the Social Security Act
845
(42 U.S.C. 1395 et seq.): Provided further, That no part
of this appropriation shall be available for salaries and ex-
penses of the Legal Examining Unit of the Office of Per-
sonnel Management established pursuant to Executive
Order 9358 of July 1, 1943, or any successor unit of like
purpose: Provided further, That the President’s Commis-
sion on White House Fellows, established by Executive
Order 11183 of October 3, 1964, may, during the fiscal
year ending September 30, 1997, accept donations of
money, property, and personal services in connection with
the development of a publicity brochure to provide infor-
mation about the White House Fellows, except that no
such donations shall be accepted for travel or reimburse-
ment of travel expenses, or for the salaries of employees
of such Commission.
GENERAL PROVISIONS—OFFICE OF PERSONNEL
MANAGEMENT
SEC. 421. The first sentence of section 1304(e)(1)
of title 5, United States Code, is amended by inserting
after ‘‘basis’’ the following ‘‘, including personnel manage-
ment services performed at the request of individual agen-
cies (which would otherwise be the responsibility of such
agencies), or at the request of nonappropriated fund in-
strumentalities’’.
SEC. 422. Paragraph (1) of section 8906(e) of title
5, United States Code, is amended—
846
(1) by striking the last sentence of that para-
graph and redesignating the remainder of that para-
graph as (1)(A);
(2) by adding at the end of paragraph (1)(A)
(as so designated) the following:
‘‘(B) During each pay period in which an en-
rollment continues under subparagraph (A)—
‘‘(i) employee and Government contribu-
tions required by this section shall be paid on
a current basis; and
‘‘(ii) if necessary, the head of the employ-
ing agency shall approve advance payment, re-
coverable in the same manner as under section
5524a(c), of a portion of basic pay sufficient to
pay current employee contributions.
‘‘(C) Each agency shall establish procedures for
accepting direct payments of employee contributions
for the purposes of this paragraph.’’.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act, as amended, including services as authorized
by 5 U.S.C. 3109, hire of passenger motor vehicles,
847
$960,000; and in addition, not to exceed $8,645,000 for
administrative expenses to audit the Office of Personnel
Management’s retirement and insurance programs, to be
transferred from the appropriate trust funds of the Office
of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is author-
ized to rent conference rooms in the District of Columbia
and elsewhere.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES
HEALTH BENEFITS
For payment of Government contributions with re-
spect to retired employees, as authorized by chapter 89
of title 5, United States Code, and the Retired Federal
Employees Health Benefits Act (74 Stat. 849), as amend-
ed, such sums as may be necessary.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE
LIFE INSURANCE
For payment of Government contributions with re-
spect to employees retiring after December 31, 1989, as
required by chapter 87 of title 5, United States Code, such
sums as may be necessary.
PAYMENT TO CIVIL SERVICE RETIREMENT AND
DISABILITY FUND
For financing the unfunded liability of new and in-
creased annuity benefits becoming effective on or after Oc-
848
tober 20, 1969, as authorized by 5 U.S.C. 8348, and an-
nuities under special Acts to be credited to the Civil Serv-
ice Retirement and Disability Fund, such sums as may
be necessary: Provided, That annuities authorized by the
Act of May 29, 1944, as amended, and the Act of August
19, 1950, as amended (33 U.S.C. 771–75), may hereafter
be paid out of the Civil Service Retirement and Disability
Fund.
OFFICE OF SPECIAL COUNSEL
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the
Office of Special Counsel pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of
1978 (Public Law 95–454), the Whistleblower Protection
Act of 1989 (Public Law 101–12), Public Law 103–424,
and the Uniformed Services Employment and Reemploy-
ment Act of 1994 (Public Law 103–353), including serv-
ices as authorized by 5 U.S.C. 3109, payment of fees and
expenses for witnesses, rental of conference rooms in the
District of Columbia and elsewhere, and hire of passenger
motor vehicles; $8,116,000.
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract reporting
and other services as authorized by 5 U.S.C. 3109,
849
$33,781,000: Provided, That travel expenses of the judges
shall be paid upon the written certificate of the judge.
This title may be cited as the ‘‘Independent Agencies
Appropriations Act, 1997’’.
TITLE V—GENERAL PROVISIONS
THIS ACT
SECTION 501. No part of any appropriation con-
tained in this Act shall remain available for obligation be-
yond the current fiscal year unless expressly so provided
herein.
SEC. 502. 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. 503. Section 5131 of title 31, United States
Code, is amended—
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as sub-
section (c).
SEC. 504. None of the funds made available by this
Act shall be available for any activity or for paying the
salary of any Government employee where funding an ac-
850
tivity or paying a salary to a Government employee would
result in a decision, determination, rule, regulation, or pol-
icy that would prohibit the enforcement of section 307 of
the Tariff Act of 1930.
SEC. 505. None of the funds made available by this
Act shall be available for the purpose of transferring con-
trol over the Federal Law Enforcement Training Center
located at Glynco, Georgia, and Artesia, New Mexico, out
of the Treasury Department.
SEC. 506. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
within the United States not heretofore authorized by the
Congress.
SEC. 507. No part of any appropriation contained in
this Act shall be available for the payment of the salary
of any officer or employee of the United States Postal
Service, who—
(1) prohibits or prevents, or attempts or threat-
ens to prohibit or prevent, any officer or employee
of the United States Postal Service from having any
direct oral or written communication or contact with
any Member or committee of Congress in connection
with any matter pertaining to the employment of
such officer or employee or pertaining to the United
States Postal Service in any way, irrespective of
851
whether such communication or contact is at the ini-
tiative of such officer or employee or in response to
the request or inquiry of such Member or committee;
or
(2) removes, suspends from duty without pay,
demotes, reduces in rank, seniority, status, pay, or
performance of efficiency rating, denies promotion
to, relocates, reassigns, transfers, disciplines, or dis-
criminates in regard to any employment right, enti-
tlement, or benefit, or any term or condition of em-
ployment of, any officer or employee of the United
States Postal Service, or attempts or threatens to
commit any of the foregoing actions with respect to
such officer or employee, by reason of any commu-
nication or contact of such officer or employee with
any Member or committee of Congress as described
in paragraph (1).
SEC. 508. The Office of Personnel Management may,
during the fiscal year ending September 30, 1997, accept
donations of supplies, services, land, and equipment for
the Federal Executive Institute and Management Develop-
ment Centers to assist in enhancing the quality of Federal
management.
SEC. 509. The United States Secret Service may,
during the fiscal year ending September 30, 1997, and
852
hereafter, accept donations of money to offset costs in-
curred while protecting former Presidents and spouses of
former Presidents when the former President or spouse
travels for the purpose of making an appearance or speech
for a payment of money or any thing of value.
SEC. 510. No part of any appropriation contained in
this Act shall be available to pay the salary for any person
filling a position, other than a temporary position, for-
merly held by an employee who has left to enter the Armed
Forces of the United States and has satisfactorily com-
pleted his period of active military or naval service and
has within 90 days after his release from such service or
from hospitalization continuing after discharge for a pe-
riod of not more than 1 year made application for restora-
tion to his former position and has been certified by the
Office of Personnel Management as still qualified to per-
form the duties of his former position and has not been
restored thereto.
SEC. 511. None of the funds made available in this
Act may be used to provide any non-public information
such as mailing or telephone lists to any person or any
organization outside of the Federal Government without
the approval of the House and Senate Committees on Ap-
propriations.
853
SEC. 512. No funds appropriated pursuant to this
Act may be expended by an entity unless the entity agrees
that in expending the assistance the entity will comply
with sections 2 through 4 of the Act of March 3, 1933
(41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer-
ican Act’’).
SEC. 513. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—In the case of any equip-
ment or products that may be authorized to be purchased
with financial assistance provided under this Act, it is the
sense of the Congress that entities receiving such assist-
ance should, in expending the assistance, purchase only
American-made equipment and products.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the Sec-
retary of the Treasury shall provide to each recipient of
the assistance a notice describing the statement made in
subsection (a) by the Congress.
SEC. 514. If it has been finally determined by a court
or Federal agency that any person intentionally affixed a
label bearing a ‘‘Made in America’’ inscription, or any in-
scription with the same meaning, to any product sold in
or shipped to the United States that is not made in the
United States, such person shall be ineligible to receive
any contract or subcontract made with funds provided
854
pursuant to this Act, pursuant to the debarment, suspen-
sion, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
SEC. 515. Except as otherwise specifically provided
by law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 1997 from
appropriations made available for salaries and expenses
for fiscal year 1997 in this Act, shall remain available
through September 30, 1998, for each such account for
the purposes authorized: Provided, That a request shall
be submitted to the House and Senate Committees on Ap-
propriations for approval prior to the expenditure of such
funds.
SEC. 516. Where appropriations in this Act are ex-
pendable for travel expenses of employees and no specific
limitation has been placed thereon, the expenditures for
such travel expenses may not exceed the amount set forth
in the budget estimates submitted for appropriations with-
out the advance approval of the House and Senate Com-
mittees on Appropriations: Provided, That this section
shall not apply to travel performed by uncompensated offi-
cials of local boards and appeal boards in the Selective
Service System; to travel performed directly in connection
with care and treatment of medical beneficiaries of the De-
855
partment of Veterans Affairs; to travel of the Office of
Personnel Management in carrying out its observation re-
sponsibilities of the Voting Rights Act; or to payments to
interagency motor pools separately set forth in the budget
schedules: Provided further, That this provision does not
apply to accounts that do not contain an object identifica-
tion for travel.
SEC. 517. Notwithstanding any other provision of law
or regulation during the fiscal year ending September 30,
1997, and thereafter:
(1) The authority of the special police officers
of the Bureau of Engraving and Printing, in the
Washington, DC Metropolitan area, extends to
buildings and land under the custody and control of
the Bureau; to buildings and land acquired by or for
the Bureau through lease, unless otherwise provided
by the acquisition agency; to the streets, sidewalks
and open areas immediately adjacent to the Bureau
along Wallenberg Place (15th Street) and 14th
Street between Independence and Maine Avenues
and C and D Streets between 12th and 14th
Streets; to areas which include surrounding parking
facilities used by Bureau employees, including the
lots at 12th and C Streets, SW, Maine Avenue and
Water Streets, SW, Maiden Lane, the Tidal Basin
856
and East Potomac Park; to the protection in transit
of United States securities, plates and dies used in
the production of United States securities, or other
products or implements of the Bureau of Engraving
and Printing which the Director of that agency so
designates.
(2) The authority of the special police officers
of the United States Mint extends to the buildings
and land under the custody and control of the Mint;
to the streets, sidewalks and open areas in the vicin-
ity to such facilities; to surrounding parking facili-
ties used by Mint employees; and to the protection
in transit of bullion, coins, dies, and other property
and assets of, or in the custody of, the Mint.
(3) The exercise of police authority by Bureau
or Mint officers, with the exception of the exercise
of authority upon property under the custody and
control of the Bureau or the Mint, respectively, shall
be deemed supplementary to the Federal police force
with primary jurisdictional responsibility. This au-
thority shall be in addition to any other law enforce-
ment authority which has been provided to these of-
ficers under other provisions of law or regulations.
SEC. 518. No funds appropriated by this Act shall
be available to pay for an abortion, or the administrative
857
expenses in connection with any health plan under the
Federal employees health benefit program which provides
any benefits or coverage for abortions.
SEC. 519. The provision of section 518 shall not
apply where the life of the mother would be endangered
if the fetus were carried to term, or the pregnancy is the
result of an act of rape or incest.
SEC. 520. No part of any appropriation made avail-
able in this Act shall be used to implement Bureau of Al-
cohol, Tobacco and Firearms Ruling TD ATF–360; Re:
Notice Nos. 782, 780, 91F009P.
SEC. 521. Notwithstanding title 5, United States
Code, Personal Service Contractors (PSC) employed by
the Department of the Treasury shall be considered as
Federal Government employees for purposes of making
available Federal employee health and life insurance.
SEC. 522. Section 5131 of title 31, United States
Code, is amended by striking subsection (c); and by re-
designating subsection (d) as subsection (c).
SEC. 523. Section 5112(i)(4) of title 31, United
States Code, is amended by adding at the end the follow-
ing new subparagraph:
‘‘(C) The Secretary may continue to mint and issue
coins in accordance with the specifications contained in
paragraphs (7), (8), (9), and (10) of subsection (a) and
858
paragraph (1)(A) of this subsection at the same time the
Secretary in minting and issuing other bullion and proof
gold coins under this subsection in accordance with such
program procedures and coin specifications, designs, vari-
eties, quantities, denominations, and inscriptions as the
Secretary, in the Secretary’s discretion, may prescribe
from time to time.’’: Provided, That profits generated
from the sale of gold to the United States Mint for this
program shall be considered as a receipt to be deposited
into the General Fund of the Treasury.
SEC. 524. Section 5112 of title 31, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(k) The Secretary may mint and issue bullion and
proof platinum coins in accordance with such specifica-
tions, designs, varieties, quantities, denominations, and in-
scriptions as the Secretary, in the Secretary’s discretion,
may prescribe from time to time.’’: Provided, That the
Secretary is authorized to use Government platinum re-
serves stockpiled at the United States Mint as working
inventory and shall ensure that reserves utilized are re-
placed by the Mint.
SEC. 526. (a) REIMBURSEMENT OF CERTAIN ATTOR-
NEY FEES AND COSTS.—
859
(1) IN GENERAL.—The Secretary of the Treas-
ury shall pay from amounts appropriated in title I
of this Act under the heading, ‘‘Departmental Of-
fices, Salaries and Expenses’’, up to $500,000 to re-
imburse former employees of the White House Trav-
el Office whose employment in that Office was ter-
minated on May 19, 1993, for any attorney fees and
costs they incurred with respect to that termination.
(2) VERIFICATION REQUIRED.—The Secretary
shall pay an individual in full under paragraph (1)
upon submission by the individual of documentation
verifying the attorney fees and costs.
(3) NO INFERENCE OF LIABILITY.—Liability of
the United States shall not be inferred from enact-
ment of or payment under this subsection.
(b) LIMITATION ON FILING OF CLAIMS.—The Sec-
retary of the Treasury shall not pay any claim filed under
this section that is filed later than 120 days after the date
of the enactment of this Act.
(c) LIMITATION.—Payments under subsection (a)
shall not include attorney fees or costs incurred with re-
spect to any Congressional hearing or investigation into
the termination of employment of the former employees
of the White House Travel Office.
860
(d) REDUCTION.—The amount paid pursuant to this
section to an individual for attorney fees and costs de-
scribed in subsection (a) shall be reduced by any amount
received before the date of the enactment of this Act, with-
out obligation for repayment by the individual, for pay-
ment of such attorney fees and costs (including any
amount received from the funds appropriated for the indi-
vidual in the matter relating to the ‘‘Office of the General
Counsel’’ under the heading ‘‘Office of the Secretary’’ in
title I of the Department of Transportation and Related
Agencies Appropriations Act, 1994).
(e) PAYMENT
IN FULL SETTLEMENT
OF CLAIMS
AGAINST THE UNITED STATES.—Payment under this sec-
tion, when accepted by an individual described in sub-
section (a), shall be in full satisfaction of all claims of,
or on behalf of, the individual against the United States
that arose out of the termination of the White House
Travel Office employment of that individual on May 19,
1993.
SEC. 527. None of the funds made available in this
Act may be used by the Executive Office of the President
to request from the Federal Bureau of Investigation any
official background investigation report on any individual,
except when it is made known to the Federal official hav-
ing authority to obligate or expend such funds that—
861
(1) such individual has given his or her express
written consent for such request not more than 6
months prior to the date of such request and during
the same presidential administration; or
(2) such request is required due to extraor-
dinary circumstances involving national security.
SEC. 528. (a) CLOSING OF ALLEY.—The alley bisect-
ing the property on which a facility is being constructed
for use by the United States Government at 930 H Street,
N.W., Washington, District of Columbia, is closed to the
public, without regard to any contingencies.
(b) JURISDICTION.—The Administrator of General
Services shall have administrative jurisdiction over, and
shall hold title on behalf of the United States in, the alley,
property, and facility referred to in subsection (a).
SEC. 529. (a) COMMEMORATIVE COIN PROGRAM RE-
STRICTIONS.—Section 5112 of title 31, United States
Code, as amended by sections 524 and 530 of this Act,
is amended by adding at the end the following new sub-
section:
‘‘(m) COMMEMORATIVE COIN PROGRAM RESTRIC-
TIONS.—
‘‘(1) MAXIMUM NUMBER.—Beginning January
1, 1999, the Secretary may mint and issue com-
memorative coins under this section during any cal-
862
endar year with respect to not more than 2 com-
memorative coin programs.
‘‘(2) MINTAGE LEVELS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), in carrying out any com-
memorative coin program, the Secretary shall
mint—
‘‘(i) not more than 750,000 clad half-
dollar coins;
‘‘(ii) not more than 500,000 silver
one-dollar coins; and
‘‘(iii) not more than 100,000 gold
five-dollar or ten-dollar coins.
‘‘(B) EXCEPTION.—If the Secretary deter-
mines, based on independent, market-based re-
search conducted by a designated recipient or-
ganization of a commemorative coin program,
that the mintage levels described in subpara-
graph (A) are not adequate to meet public de-
mand for that commemorative coin, the Sec-
retary may waive one or more of the require-
ments of subparagraph (A) with respect to that
commemorative coin program.
‘‘(C) DESIGNATED RECIPIENT ORGANIZA-
TION
DEFINED.—For purposes of this para-
863
graph, the term ‘designated recipient organiza-
tion’ means any organization designated, under
any provision of law, as the recipient of any
surcharge imposed on the sale of any numis-
matic item.’’.
(b) RECOVERY OF MINT EXPENSES REQUIRED BE-
FORE PAYMENT OF SURCHARGES TO ANY RECIPIENT OR-
GANIZATION.—
(1) CLARIFICATION OF LAW RELATING TO DE-
POSIT OF SURCHARGES IN THE NUMISMATIC PUBLIC
ENTERPRISE FUND.—Section 5134(c)(2) of title 31,
United States Code, is amended by inserting ‘‘, in-
cluding amounts attributable to any surcharge im-
posed with respect to the sale of any numismatic
item’’ before the period.
(2) CONDITIONS ON PAYMENT OF SURCHARGES
TO
RECIPIENT
ORGANIZATIONS.—Section 5134 of
title 31, United States Code, is amended by adding
at the end the following new subsection:
‘‘(f) CONDITIONS ON PAYMENT OF SURCHARGES TO
RECIPIENT ORGANIZATIONS.—
‘‘(1) PAYMENT
OF
SURCHARGES.—Notwith-
standing any other provision of law, no amount de-
rived from the proceeds of any surcharge imposed on
the sale of any numismatic item shall be paid from
864
the fund to any designated recipient organization
unless—
‘‘(A) all numismatic operation and pro-
gram costs allocable to the program under
which such numismatic item is produced and
sold have been recovered; and
‘‘(B) the designated recipient organization
submits an audited financial statement that
demonstrates to the satisfaction of the Sec-
retary of the Treasury that, with respect to all
projects or purposes for which the proceeds of
such surcharge may be used, the organization
has raised funds from private sources for such
projects and purposes in an amount that is
equal to or greater than the maximum amount
the organization may receive from the proceeds
of such surcharge.
‘‘(2) ANNUAL AUDITS.—
‘‘(A) ANNUAL AUDITS OF RECIPIENTS RE-
QUIRED.—Each designated recipient organiza-
tion that receives any payment from the fund of
any amount derived from the proceeds of any
surcharge imposed on the sale of any numis-
matic item shall provide, as a condition for re-
ceiving any such amount, for an annual audit,
865
in accordance with generally accepted govern-
ment auditing standards by an independent
public accountant selected by the organization,
of all such payments to the organization begin-
ning in the first fiscal year of the organization
in which any such amount is received and con-
tinuing until all amounts received by such orga-
nization from the fund with respect to such sur-
charges are fully expended or placed in trust.
‘‘(B) MINIMUM
REQUIREMENTS
FOR
AN-
NUAL AUDITS.—At a minimum, each audit of a
designated recipient organization pursuant to
subparagraph (A) shall report—
‘‘(i) the amount of payments received
by the designated recipient organization
from the fund during the fiscal year of the
organization for which the audit is con-
ducted that are derived from the proceeds
of any surcharge imposed on the sale of
any numismatic item;
‘‘(ii) the amount expended by the des-
ignated recipient organization from the
proceeds of such surcharges during the fis-
cal year of the organization for which the
audit is conducted; and
866
‘‘(iii) whether all expenditures by the
designated recipient organization during
the fiscal year of the organization for
which the audit is conducted from the pro-
ceeds of such surcharges were for author-
ized purposes.
‘‘(C) RESPONSIBILITY
OF
ORGANIZATION
TO
ACCOUNT
FOR
EXPENDITURES
OF
SUR-
CHARGES.—Each designated recipient organiza-
tion that receives any payment from the fund of
any amount derived from the proceeds of any
surcharge imposed on the sale of any numis-
matic item shall take appropriate steps, as a
condition for receiving any such payment, to en-
sure that the receipt of the payment and the ex-
penditure of the proceeds of such surcharge by
the organization in each fiscal year of the orga-
nization can be accounted for separately from
all other revenues and expenditures of the orga-
nization.
‘‘(D) SUBMISSION
OF
AUDIT
REPORT.—
Not later than 90 days after the end of any fis-
cal year of a designated recipient organization
for which an audit is required under subpara-
graph (A), the organization shall—
867
‘‘(i) submit a copy of the report to the
Secretary of the Treasury; and
‘‘(ii) make a copy of the report avail-
able to the public.
‘‘(E) USE OF SURCHARGES FOR AUDITS.—
Any designated recipient organization that re-
ceives any payment from the fund of any
amount derived from the proceeds of any sur-
charge imposed on the sale of any numismatic
item may use the amount received to pay the
cost of an audit required under subparagraph
(A).
‘‘(F) WAIVER OF PARAGRAPH.—The Sec-
retary of the Treasury may waive the applica-
tion of any subparagraph of this paragraph to
any designated recipient organization for any
fiscal year after taking into account the amount
of surcharges that such organization received or
expended during such year.
‘‘(G) NONAPPLICABILITY TO FEDERAL EN-
TITIES.—This paragraph shall not apply to any
Federal agency or department or any independ-
ent establishment in the executive branch that
receives any payment from the fund of any
amount derived from the proceeds of any sur-
868
charge imposed on the sale of any numismatic
item.
‘‘(H) 
AVAILABILITY
OF
BOOKS
AND
RECORDS.—An organization that receives any
payment from the fund of any amount derived
from the proceeds of any surcharge imposed on
the sale of any numismatic item shall provide,
as a condition for receiving any such payment,
to the Inspector General of the Department of
the Treasury or the Comptroller General of the
United States, upon the request of such Inspec-
tor General or the Comptroller General, all
books, records, and work papers belonging to or
used by the organization, or by any independent
public accountant who audited the organization
in accordance with subparagraph (A), which
may relate to the receipt or expenditure of any
such amount by the organization.
‘‘(3) USE OF AGENTS OR ATTORNEYS TO IN-
FLUENCE COMMEMORATIVE COIN LEGISLATION.—No
portion of any payment from the fund to any des-
ignated recipient organization of any amount derived
from the proceeds of any surcharge imposed on the
sale of any numismatic item may be used, directly
or indirectly, by the organization to compensate any
869
agent or attorney for services rendered to support or
influence in any way legislative action of the Con-
gress relating to such numismatic item.
‘‘(4) DESIGNATED
RECIPIENT
ORGANIZATION
DEFINED.—For purposes of this subsection, the
term ‘designated recipient organization’ means any
organization designated, under any provision of law,
as the recipient of any surcharge imposed on the
sale of any numismatic item.’’.
(3) SCOPE OF APPLICATION.—The amendments
made by this section shall apply with respect to the
proceeds of any surcharge imposed on the sale of
any numismatic item that are deposited in the Nu-
mismatic Public Enterprise Fund after the date of
the enactment of this Act.
(4) REPEAL OF EXISTING RECIPIENT REPORT
REQUIREMENT.—Section 303 of Public Law 103–
186 (31 U.S.C. 5112 note) is repealed.
(c) QUARTERLY
FINANCIAL
REPORTS.—Section
5134 of title 31, United States Code, is amended by add-
ing at the end the following new subsection:
‘‘(g) QUARTERLY FINANCIAL REPORTS.—
‘‘(1) IN GENERAL.—Not later than the 30th
day of each month following each calendar quarter
through and including the final period of sales with
870
respect to any commemorative coin program author-
ized on or after the date of enactment of the Treas-
ury, Postal Service, and General Government Appro-
priations Act, 1997, the Mint shall submit to the
Congress a quarterly financial report in accordance
with this subsection.
‘‘(2) REQUIREMENTS.—Each report submitted
under paragraph (1) shall include, with respect to
the calendar quarter at issue—
‘‘(A) a detailed financial statement, pre-
pared in accordance with generally accepted ac-
counting principles, that includes financial in-
formation specific to that quarter, as well as cu-
mulative financial information relating to the
entire program;
‘‘(B) a detailed accounting of—
‘‘(i) all costs relating to marketing ef-
forts;
‘‘(ii) all funds projected for marketing
use;
‘‘(iii) all costs for employee travel re-
lating to the promotion of commemorative
coin programs;
871
‘‘(iv) all numismatic items minted,
sold, not sold, and rejected during the pro-
duction process; and
‘‘(v) the costs of melting down all re-
jected and unsold products;
‘‘(C) adequate market-based research for
all commemorative coin programs; and
‘‘(D) a description of the efforts of the
Mint in keeping the sale price of numismatic
items as low as practicable.’’.
(d) CITIZENS
COMMEMORATIVE
COIN
ADVISORY
COMMITTEE.—
(1) FIXED
TERMS
FOR
MEMBERS.—Section
5135(a)(4) of title 31, United States Code, is
amended to read as follows:
‘‘(4) TERMS.—Each member appointed under
clause (i) or (iii) of paragraph (3)(A) shall be ap-
pointed for a term of 4 years.’’.
(2) CHAIRPERSON.—Section 5135(a) of title
31, United States Code, is amended by adding at
the end the following new paragraph:
‘‘(7) CHAIRPERSON.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Chairperson of the Advisory
Committee shall be elected by the members of
872
the Advisory Committee from among such
members.
‘‘(B) EXCEPTION.—The member appointed
pursuant to paragraph (3)(A)(ii) (or the alter-
nate to that member) may not serve as the
Chairperson of the Advisory Committee, begin-
ning on June 1, 1999.’’.
(e) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the date
of enactment of this Act.
TITLE VI—GENERAL
PROVISIONS
DEPARTMENTS, AGENCIES, AND CORPORATIONS
SECTION 601. Funds appropriated in this or any
other Act may be used to pay travel to the United States
for the immediate family of employees serving abroad in
cases of death or life threatening illness of said employee.
SEC. 602. No department, agency, or instrumentality
of the United States receiving appropriated funds under
this or any other Act for fiscal year 1997 shall obligate
or expend any such funds, unless such department, agen-
cy, or instrumentality has in place, and will continue to
administer in good faith, a written policy designed to en-
sure that all of its workplaces are free from the illegal
use, possession, or distribution of controlled substances
873
(as defined in the Controlled Substances Act) by the offi-
cers and employees of such department, agency, or instru-
mentality.
SEC. 603. Notwithstanding 31 U.S.C. 1345, any
agency, department or instrumentality of the United
States which provides or proposes to provide child care
services for Federal employees may reimburse any Federal
employee or any person employed to provide such services
for travel, transportation, and subsistence expenses in-
curred for training classes, conferences or other meetings
in connection with the provision of such services: Provided,
That any per diem allowance made pursuant to this sec-
tion shall not exceed the rate specified in regulations pre-
scribed pursuant to section 5707 of title 5, United States
Code.
SEC. 604. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year
in accordance with section 16 of the Act of August 2, 1946
(60 Stat. 810), for the purchase of any passenger motor
vehicle (exclusive of buses, ambulances, law enforcement,
and undercover surveillance vehicles), is hereby fixed at
$8,100 except station wagons for which the maximum
shall be $9,100: Provided, That these limits may be ex-
ceeded by not to exceed $3,700 for police-type vehicles,
and by not to exceed $4,000 for special heavy-duty vehi-