1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia
PL 105-18 (H.R.1871), enacted 06/12/1997

I l l STAT. 158 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
June 12, 1997 
[H.R. 1871] 
1997 Emergency 
Supplemental 
Appropriations 
Act for Recovery 
from Natural 
Disasters, and for 
Overseas 
Peacekeeping 
Efforts, Including 
Those ia Bosnia. 
Public Law 105-18 
105th Congress 
An Act 
Making emergency supplemental appropriations for recovery from natural disasters, 
and for overseas peacekeeping efforts, including those in Bosnia, for the fiscal 
year ending September 30, 1997, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled. 
That the following sums are appropriated, out of any money 
in the Treasury not otherwise appropriated, for recovery from natu-
ral disasters, and for overseas peacekeeping efforts, including those 
in Bosnia, for the fiscal year ending September 30, 1997, and 
for other purposes, namely: 
TITLE I—EMERGENCY SUPPLEMENTAL APPROPRIATIONS 
FOR THE DEPARTMENT OF DEFENSE 
CHAPTER 1 
DEPARTMENT OF DEFENSE—MILITARY 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for "Military Personnel, Army", 
$306,800,000: Provided, That such amount is designated by Con-
gress 
as 
an 
emergency 
requirement 
pursuant 
to 
section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended. 
MILITARY PERSONNEL, NAVY 
For an additional amount for "Military Personnel, Navy", 
$7,900,000: Provided, That such amount is designated by Congress 
as an emergency requirement pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for "Military Personnel, Marine 
Corps", $300,000: Provided, That such amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended. 
PUBLIC LAW 105-18—JUNE 12, 1997 
111 STAT. 159 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for "Military Personnel, Air Force", 
$29,100,000: Provided, That such amount is designated by Congress 
as an emergency requirement pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended. 
OPERATION AND MAINTENANCE 
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for "Overseas Contingency Operations 
Transfer Fund", $1,430,100,000: Provided, That the Secretary of 
Defense may transfer these funds only to Department of Defense 
operation and maintenance accounts: Provided further. That the 
funds transferred shall be merged with and shall be available 
for the same purposes and for the same time period, as the appro-
priation to which transferred: Provided further, That the transfer 
authority provided in this paragraph is in addition to any other 
transfer authority available to the Department of Defense: Provided 
further, 
That such amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended. 
OPLAN 34A/35 P.O.W. PAYMENTS 
For payments to individuals under section 657 of Public Law 
104-201, $20,000,000, to remain available until expended. 
REVOLVING AND MANAGEMENT FUNDS 
RESERVE MOBILIZATION INCOME INSURANCE FUND 
For an additional amount for the "Reserve Mobilization Income 
Insurance Fund", $72,000,000, to remain available until expended: 
Provided, That the entire amount is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2XD)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended. 
GENERAL PROVISIONS, CHAPTER 1 
(TRANSFER OF FUNDS) 
SEC. 101. The Secretary of the Navy shall transfer up to 
$23,000,000 to "Operation and Maintenance, Marine Corps" from 
the following accounts in the specified amounts, to be available 
only for reimbursing costs incurred for repairing damage caused 
by hurricanes, flooding, and other natural disasters during 1996 
and 1997 to real property and facilities at Marine Corps facilities 
(including Camp Lejeune, North Carolina; Cherry Point, North 
Carolina; and the Mountain Warfare Training Center, Bridgeport, 
California); 
"Military Personnel, Marine Corps", $4,000,000; 
"Operation and Maintenance, Marine Corps", $11,000,000; 
I l l STAT. 160 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
"Procurement of Ammunition, Navy and Marine Corps, 
1996/1998", $4,000,000; and 
"Procurement, Marine Corps, 1996/1998", $4,000,000. 
SEC. 102. In addition to the amounts appropriated in title 
VI of the Department of Defense Appropriations Act, 1997 (as 
contained in section 101(b) of Pubhc Law 104-208), under the 
heading "Defense Health Program", $21,000,000 is hereby appro-
priated and made available only for the provision of direct patient 
care at military treatment facilities. 
SEC. 103. In addition to the amounts appropriated in title 
II of the Department of Defense Appropriations Act, 1997 (as con-
tained in section 101(b) of Public Law 104-208), under the heading 
"Operation and Maintenance, Defense-Wide", $10,000,000 is hereby 
appropriated and made available only for force protection and 
counter-terrorism initiatives. 
SEC. 104. In addition to the amounts provided in Public Law 
104-208, $25,800,000 is appropriated under the heading "Overseas 
Humanitarian, Disaster and Civic Aid": Provided, That from the 
funds available under that heading, the Secretary of Defense shall 
make a grant in the amount of $25,800,000 to the AmericEin Red 
Cross for Armed Forces emergency services. 
President. 
SEC. 105. REPORT ON COST AND SOURCE OF FUNDS FOR MILI-
TARY ACTIVITIES RELATING TO BOSNLV.—(a) Not later than 60 days 
after enactment of this Act, the President shall submit to Congress 
the report described in subsection (b). 
(b) REPORT ELEMENTS.—The report referred to in subsection 
(a) shall include the following: 
(1) A detailed description of the estimated cumulative cost 
of all United States activities relating to Bosnia after December 
1, 1995, including— 
(A) the cost of all deployments, training activities, and 
mobilization and other preparatory activities of the Armed 
Forces; and 
(B) the cost of all other activities relating to United 
States policy toward Bosnia, including humanitarian assist-
Eince, reconstruction assistance, aid and other 
financial 
assistance, the rescheduling or forgiveness of bilateral or 
multilateral aid, in-kind contributions, and any other activi-
ties of the United States Government. 
(2) A detailed accounting of the source of funds obligated 
or expended to meet the costs described in paragraph (1), 
including— 
(A) in the case of expenditures of funds of Department 
of Defense, a breakdown of such expenditures by military 
service or defense agency, line item, and program; and 
(B) in the case of expenditures of fiinds of other depart-
ments and agencies of the United States, a breakdown 
of such expenditures by department or agency and by pro-
gram. 
SEC. 106. For an additional amount for "Family Housing, Navy 
and Marine Corps" to cover the incremental Operation gmd Mainte-
nance costs arising from hurricane damage to family housing units 
at Marine Corps Base Camp Lejeiuie, North Carolina and Marine 
Corps Air Station Cherry Point, North Carolina, $6,480,000, as 
authorized by 10 U.S.C. 2854. 
PUBLIC LAW 1 0 5 - 1 8 - J U N E 12, 1997 
111 STAT. 161 
CHAPTER 2 
RESCISSIONS 
DEPARTMENT OF DEFENSE—MILITARY 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $57,000,000 are rescinded. 
MILITARY PERSONNEL, NAVY 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $18,000,000 are rescinded. 
MILITARY PERSONNEL, MARINE CORPS 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $5,000,000 are rescinded. 
MILITARY PERSONNEL, AIR FORCE 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $23,000,000 are rescinded. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $196,000,000 are rescinded. 
OPERATION AND MAINTENANCE, NAVY 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $51,000,000 are rescinded. 
OPERATION AND MAINTENANCE, MARINE CORPS 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $3,000,000 are rescinded. 
I l l STAT. 162 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
OPERATION AND MAINTENANCE, AIR FORCE 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $117,000,000 are rescinded. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $25,000,000 are rescinded. 
ENVIRONMENTAL RESTORATION, ARMY 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $250,000 are rescinded. 
ENVIRONMENTAL RESTORATION, NAVY 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $250,000 are rescinded. 
ENVIRONMENTAL RESTORATION, AIR FORCE 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $250,000 are rescinded. 
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $250,000 are rescinded. 
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $250,000 are rescinded. 
FORMER SOVIET UNION THREAT REDUCTION 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $2,000,000 are rescinded. 
PUBLIC LAW 105-18—JUNE 12, 1997 
111 STAT. 163 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 103-335, $1,085,000 are rescinded. 
Of the funds made available under this heading in Public 
Law .104-61, $5,000,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $13,000,000 are rescinded. 
MISSILE PROCUREMENT, ARMY 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 103-335, $2,707,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $24,000,000 are rescinded. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 
ARMY 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 103-335, $2,296,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-61, $15,400,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $5,000,000 are rescinded. 
PROCUREMENT OF AMMUNITION, ARMY 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 103-335, $3,236,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-61, $18,000,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $11,000,000 are rescinded. 
OTHER PROCUREMENT, ARMY 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 103-335, $2,502,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $21,000,000 are rescinded. 
AIRCRAFT PROCUREMENT, NAVY 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 103-335, $34,000,000 are rescinded. 
I l l STAT. 164 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
Of the funds made available under this heading in Public 
Law 104-208, $52,000,000 are rescinded. 
WEAPONS PROCUREMENT, NAVY 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 103-335, $16,000,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $6,000,000 are rescinded. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 103-335, $812,000 are rescinded. 
SHIPBUILDING AND CONVERSION, NAVY 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 102-396, $10,000,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 103-139, $18,700,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $33,000,000 are rescinded. 
OTHER PROCUREMENT, NAVY 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 103-335, $4,237,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-61, $3,000,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $8,000,000 are rescinded. 
PROCUREMENT, MARINE CORPS 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 103-335, $1,207,000 are rescinded. 
AIRCRAFT PROCUREMENT, AIR FORCE 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 103-335, $49,376,000 are rescinded. 
Of the ftinds made available under this heading in Public 
Law 104-61, $40,000,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $41,000,000 are rescinded. 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
111 STAT. 165 
MISSILE PROCUREMENT, AIR FORCE 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 103-335, $16,020,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $163,000,000 are rescinded. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-61, $7,700,000 are rescinded. 
OTHER PROCUREMENT, AIR FORCE 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 103-335, $3,659,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-61, $10,000,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $20,000,000 are rescinded. 
PROCUREMENT, DEFENSE-WIDE 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 103-335, $8,860,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-61, $16,113,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $5,000,000 are rescinded. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 103-335, $5,029,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $8,000,000 are rescinded. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 104-61, $4,366,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $18,000,000 are rescinded. 
I l l STAT. 166 
PUBLIC LAW 105-18—JUNE 12, 1997 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 104-61, $16,878,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $9,600,000 are rescinded. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 104-61, $24,245,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $172,000,000 are rescinded. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 104-61, $95,714,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $87,000,000 are rescinded. 
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-61, $6,692,000 are rescinded. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-61, $160,000 are rescinded. 
REVOLVING AND MANAGEMENT FUNDS 
NATIONAL DEFENSE SEALIFT FUND 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $25,200,000 are rescinded. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $21,000,000 are rescinded. 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
111 STAT. 167 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 103-335, $456,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-61, $20,652,000 are rescinded. 
Of the funds made available under this heading in Public 
Law 104-208, $27,000,000 are rescinded. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, $2,000,000 are rescinded. 
GENERAL PROVISIONS, CHAPTER 2 
(RESCISSIONS) 
SEC. 201. Of the funds appropriated in the Military Construc-
tion Appropriations Act, 1996 (Public Law 104-32), amounts are 
hereby rescinded from the following accounts in the specified 
amounts: 
"Mihtary Construction, Air National Guard", $5,000,000; 
"Mihtary Construction, Defense-wide", $41,000,000; 
"Base 
Realignment 
and 
Closure 
Account, 
Part 
11", 
$35,391,000; 
"Base Realignment 
and 
Closure Account, Part 
III", 
$75,638,000; and 
"Base Realignment 
and 
Closure Account, Part 
IV", 
$22,971,000: 
Provided, That of the funds appropriated in the Military Construc-
tion Appropriations Act, 1997 (Public Law 104-196), amounts are 
hereby rescinded from the following accounts in the specified 
amounts: 
"Military Construction, Army", $1,000,000; 
"Mihtary Construction, Navy", $2,000,000; 
"Military Construction, Air Force", $3,000,000; and 
"Military Construction, Defense-wide", $3,000,000. 
(RESCISSION) 
SEC. 202. Of the funds appropriated for "Military Construction, 
Navy" under Public Law 103-307, $6,480,000 is hereby rescinded. 
CHAPTER 3 
GENERAL PROVISIONS—THIS TITLE 
SEC. 301. The Department of Defense is directed to report Reports. 
to the congressional defense committees 30 days prior to transfer-
ring management, development, and acquisition authority over the 
elements of the National Missile Defense Program from the Military 
Services: Provided, That the Joint Requirements Oversight Council 
is directed to conduct an. analysis and submit recommendations 
as to the recommended future roles of the Military Services with 
I l l STAT. 168 
PUBLIC LAW 105-18—JUNE 12, 1997 
respect to development and deployment of the elements of the 
National Missile Defense Program: Provided further, 
That the 
analysis and recommendations shall be submitted to the congres-
sional defense committees within 60 days of enactment of this 
Act: Provided further, That for 60 days following enactment of 
this Act, the Department of Defense shall take no actions to delay 
or defer planned activities under the National Missile Defense 
Program based solely on the conduct of the Joint Requirements 
Oversight Council analysis. 
SEC. 302. Notwithstanding section 3612(a) of title 22, United 
States Code, the incumbent may continue to serve as the Secretary 
of Defense designee*on the Board of the Panama Canal Commission 
if he retires as an officer of the Department of Defense, until 
Eind unless the Secretary of Defense designates another person 
to serve in this position. 
SEC. 303. AUTHORITY OF SECRETARY OF DEFENSE TO ENTER 
INTO LEASE OF BUILDING NO. 1, LEXINGTON BLUE GRASS STATION, 
LEXINGTON, KENTUCKY.— 
(a) AUTHORITY TO ENTER INTO LEASE.—The Secretary of 
Defense may enter into an agreement for the lease of Building 
No. 1, Lexington Blue Grass Station, Lexington, Kentucky, 
and any real property associated with the building, for purposes 
of the use of the building by the Defense Finance and Account-
ing Service. The agreement shall meet the requirements of 
this section. 
(b) TERM.—(1) The agreement under this section shall pro-
vide for a lease term of not to exceed 50 years, but may 
provide for one or more options to renew or extend the term 
of the lease. 
(2) The agreement shall include a provision specifying that, 
if the Secretary ceases to require the leased building for purpose 
of the use of the building by the Defense Finance and Account-
ing Service before the expiration of the term of the lease (includ-.. 
ing any extension or renewal of the term under an option 
provided for in paragraph (1)), the remainder of the lease 
term may, upon the approval of the lessor of the building, 
be satisfied by the Secretary or another department or agency 
of the Federal Government (including a military department) 
for another purpose similar to such purpose. 
(c) CONSIDERATION.—(1) The agreement luider this section 
may not require rental pajnnents by the United States under 
the lease under the agreement. 
(2) The Secretary or other lessee, if any, under subsection 
(b)(2) shall be responsible under the agreement for payment 
of any utilities associated with the lease of the building covered 
by the agreement and for maintenance and repair of the build-
ing. 
(d) IMPROVEMENT.—The agreement under this section may 
provide for the improvement of the building covered by the 
agreement by the Secretary or other lessee, if any, under sub-
section (b)(2). 
(e) LIMITATION ON CERTAIN ACTIVITIES.—The Secretary may 
not obligate or expend funds for the costs of any utilities, 
maintenance and repair, or improvements under this lease 
under this section in any fiscal year unless funds are appro-
priated or otherwise made available for the Department of 
Defense for such pa5rment in such fiscal year. 
PUBLIC LAW 105-18—JUNE 12, 1997 
111 STAT. 169 
SEC. 304. Notwithstanding 31 U.S.C. 1502(a), 31 U.S.C. 1552(a), 
and 31 U.S.C. 1553(a), funds appropriated in Public Law 101-
511, Public Law 102-396, and Public Law 103-139, under the 
heading 'Weapons Procurement, Navy", that were obligated and 
expended to settle claims on the MK-50 torpedo program may 
continue to be obligated and expended to settle those claims. 
SEC. 305. None of the funds available to the Department of 
Defense in this or any other Act shall be available to pay the 
cost of operating a National Missile Defense Joint Program Office 
which includes more thsin 55 military and civilian personnel located 
in the National Capital Region. 
SEC. 306. Funds obligated by the National Aeronautics and 
Space Administration (NASA) in the amount of $61,300,000 during 
fiscal year 1996, pursuant to the "Memorandum of Agreement 
between the National Aeronautics and Space Administration and 
the United States Air Force on Titan IV/Centaur Launch Support 
for the Cassini Mission," signed September 8, 1994, and September 
23, 1994, and Attachments A, B, and C to that Memorandum, 
shall be merged with Air Force appropriations available for 
research, development, test and evaluation and procurement for 
fiscal year 1996, and shall be available for the same time period 
as the appropriation with which merged, and shall be available 
for obligation only for those Titan IV vehicles and Titan IV-related 
activities under contract. 
SEC. 307. For the purposes of implementing the 1997 Defense 
lo USC 2358 
Experimental 
Program 
to 
Stimulate 
Competitive 
Research note. 
(DEPSCoR), the term "State" means a State of the United States, 
the District of Columbia, Puerto Rico, Guam and the Virgin Islands 
of the United States, American Samoa and the Commonwealth 
of the Northern Mariana Isleuids. 
TITLE II—EMERGENCY SUPPLEMENTAL APPROPRIATIONS 
FOR RECOVERY FROM NATURAL DISASTERS 
CHAPTER 1 
DEPARTMENT OF AGRICULTURE 
FARM SERVICE AGENCY 
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT 
For an additional amount for the "Agricultural Credit Insurance 
Fund Program Account" for the additional cost of direct and guaran-
teed loans authorized by 7 U.S.C. 1928-1929, including the cost 
of modifying such loans as defined in section 502 of the Congres-
sional Budget Act of 1974, resulting from flooding and other natural 
disasters, $23,000,000, to remain available until expended, of which 
$18,000,000 shall be available for emergency insured loans and 
$5,000,000 shall be available for subsidized guaranteed operating 
loans: Provided, That the entire amount shall be available only 
to the extent that an official budget request for $23,000,000 that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further. That such 
amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(DXi) of such Act. 
39-194 O - 97 - 7 : QL 3 Part 1 
I l l STAT. 170 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
For an additional amount for the "Agricultural Credit Insurance 
Fund Program Account" for the additional cost of direct operating 
loans authorized by 7 U.S.C. 1928-1929, including the cost of 
modifying such loans as defined in section 502 of the Congressional 
Budget Act of 1974, $6,300,000, to remain available ujitil expended. 
EMERGENCY CONSERVATION PROGRAM 
For an additional amount for "Emergency Conservation Pro-
gram" for expenses, including carcass removal, resulting from flood-
ing and other natural disasters, $70,000,000, to remain available 
until expended: Provided, That the entire amount shall be available 
only to the extent that an official budget request for $70,000,000, 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further, That such 
amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(DXi) of such Act. 
TREE ASSISTANCE PROGRAM 
An amount of $9,000,000 is provided for assistsince to small 
orchardists to replace or rehabilitate trees and vineyards damaged 
by natural disasters: Provided, That the entire amount shall be 
available only to the extent that an official budget request of 
$9,000,000, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress: Provided 
further, 
That such amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of such Act. 
COMMODITY CREDIT CORPORATION FUND 
7 u s e 1427a 
note. 
DISASTER RESERVE ASSISTANCE PROGRAM 
Effective only for losses in the fiscal year beginning October 
1, 1996, through the date of enactment of this Act, the Secretary 
may use up to $50,000,000 from proceeds earned from the sale 
of grain in the disaster reserve established in the Agricultural 
Act of 1970 to implement a livestock indemnity program for losses 
from natural disasters pursuant to a Presidential or Secretarial 
declaration requested prior to the date of enactment of this Act 
in a manner similar to catastrophic loss coverage available for 
other commodities under 7 U.S.C. 1508(b): Provided, That in admin-
istering a program described in the preceding sentence, the Sec-
retary shall, to the extent practicable, utilize gross income and 
pa3nnient limitations conditions established for the Disaster Reserve 
Assistance Program for the 1996 crop year: Provided further, That 
notwithstanding any other provision of law, beginning on October 
1, 1997, grain in the disaster reserve established in the Agricultural 
Act of 1970 shall not exceed 20 million bushels: Provided 
further. 
That the entire amount shall be available only to the extent an 
official budget request, that includes designation _gf the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
PUBLIC LAW 1 0 5 - 1 8 - J U N E 12, 1997 
111 STAT. 171 
Provided further, That the entire amount is designated by Congress 
as an emergency requirement pursuant to section 251(b)(2)(D)(i) 
of such Act. 
NATURAL RESOURCES CONSERVATION SERVICE 
WATERSHED AND FLOOD PREVENTION OPERATIONS 
For an additional amount for "Watershed and Flood Prevention 
Operations" to repair damages to the waterways and watersheds, 
including debris removal that would not be authorized under the 
Emergency Watershed Program, resulting from flooding and other 
natural disasters, including those in prior years, $166,000,000, to 
remain available until expended: Provided, That the entire amount 
shall be available only to the extent an official budget request 
for $166,000,000, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress: Provided 
further. That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of such 
Act: Provided further. That if the Secretary determines that the 
cost of land and farm structures restoration exceeds the fair market 
value of an affected agricultural land, the Secretary may use suffi-
cient amounts, not to exceed $15,000,000, from funds provided 
under this heading to accept bids from willing sellers to provide 
floodplain easements for such agricultural land inundated by floods: 
Provided further, That none of the funds provided under this head-
ing shall be used for the salmon memorandum of understanding. 
RURAL HOUSING SERVICE 
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT 
RURAL HOUSING ASSISTANCE PROGRAM 
Any unobligated balances remaining in the "Rural Housing 
Insurance Fund Program Account" from prior years' disaster 
supplementals shall be available until expended for Section 502 
housing loans, Section 504 loans and grants. Section 515 loans, 
and domestic farm labor grants to meet emergency needs resulting 
from natural disasters: Provided, That such unobligated balances 
shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985 is transmitted by the Presi-
dent to the Congress: Provided further. That such unobligated bal-
ances are designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of such Act: Provided 
further. 
That notwithstanding section 520 of the Housing Act of 1949, as 
amended, (42 U.S.C. 1490) the College Station area of Pulaski 
County, Arkansas shall be eligible for loans and grants available 
through the Rural Housing Service: Provided further. That funds 
made available in Public Law 104-180 for Community Facility 
Grants for the Rural Housing Assistance Program may be provided 
to any community otherwise eligible for a Community Facility Loan 
for expenses directly or indirectly resulting from flooding and other 
natural disasters. 
I l l STAT. 172 
PUBLIC LAW 1 0 5 - 1 8 - J U N E 12, 1997 
RURAL UTILITIES SERVICE 
RURAL UTILITIES ASSISTANCE PROGRAM 
For an additional amount for "Rural Utilities Assistance Pro-
gram", for the cost of direct loans, loan guarantees, and grants, 
including the cost of modifying loans as defined in section 502 
of the Congressional Budget Act of 1974, for emergency expenses 
resulting from flooding and other natural disasters, $4,000,000, 
to remain available until September 30, 1998: Provided, That the 
entire amount shall be available only to the extent that an official 
budget request for $4,000,000, that includes designation of the 
entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated 
by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended. 
FOOD AND CONSUMER SERVICE 
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, 
AND CHILDREN (WIC) 
For an additional amount for the "Special Supplemental Nutri-
tion Program for Women, Infants, and Children (WIC)" as author-
ized by section 17 of the Child Nutrition Act of 1966, as amended 
(42 U.S.C. et seq.), $76,000,000, to remain available through 
September 30, 1998: Provided, That the Secretary shall allocate 
such funds through the existing formula or, notwithstanding sec-
tions 17(g), (h), or (i) of such Act and the regulations promulgated 
thereunder, such other means as the Secretary deems necessary. 
GENERAL PROVISION, CHAPTER 1 
7 use 1622 note. 
SEC. 1001. COLLECTION AND DISSEMINATION OF INFORMATION ON 
PRICES RECEIVED FOR BULK CHEESE. 
(a) IN GENERAL.—Not later than 30 days after the date of 
enactment of this Act, the Secretary of Agriculture shall collect 
and disseminate, on a weekly basis, statistically reliable informa-
tion, obtained from cheese manufacturing areas in the United States 
on prices received and terms of trade involving bulk cheese, includ-
ing information on the national average price for bulk cheese sold 
through spot and forward contract transactions. To the maximum 
extent practicable, the Secretary shall report the prices and terms 
of trade for spot and forward contract transactions separately. 
(b) CONFIDENTIALITY.—^All information provided to, or acquired 
by, the Secretary under subsection (a) shall be kept confidential 
by each officer and employee of the Department of Agriculture 
except that general weekly statements may be issued that are 
based on the information and that do not identify the information 
provided by any person. 
(c) REPORT.—Not later than 150 days after the date of enact-
ment of this Act, the Secretary shall report to the Committee 
on Agriculture, and the Committee on Appropriations, of the House 
of Representatives and the Committee on Agriculture, Nutrition, 
and Forestry, and the Committee on Appropriations, of the Senate, 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
111 STAT. 173 
on the rate of reporting compliance by cheese manufacturers with 
respect to the information collected under subsection (a). At the 
time of the report, the Secretary may submit legislative rec-
ommendations to improve the rate of reporting compliance. 
(d) TERMINATION OF EFFECTIVENESS.—The authority provided 
by subsection (a) terminates effective April 5,1999. 
CHAPTER 2 
DEPARTMENT OF COMMERCE 
ECONOMIC DEVELOPMENT ADMINISTRATION 
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 
For an additional amount for "Economic Development Assist-
ance Programs" for emergency infrastructure expenses and the 
capitalization of revolving loan funds related to recent flooding 
and other natural disasters, $52,200,000, to remain available until 
expended, of which not to exceed $2,000,000 may be available 
for administrative expenses and may be transferred to and merged 
with the appropriations for "Salaries and Expenses": Provided, That 
the entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended. 
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
INDUSTRIAL TECHNOLOGY SERVICES 
Of the amount provided under this heading in Public Law 
104—208 for the Advanced Technology Program, not to exceed 
$35,000,000 shall be available for the award of new grants. 
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
Within amounts available for "Operations, Research, and Facili-
ties" for Satellite Observing Systems, not to exceed $7,000,000 
is available until expended to provide disaster assistance related 
to recent flooding and red tide pursuant to section 312(a) of the 
Magnuson-Stevens Fishery Conservation and Management Act, and 
not to exceed $2,000,000 is available until expended to implement 
the Magnuson-Stevens Fishery Conservation and Management Act: 
Provided, That the entire amount shall be available only to the 
extent that an official budget request for $9,000,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to Congress: Provided further. That the entire amount 
is designated by Congress as an emergency requirement pursuant 
to section 251(b)(2)(D)(i) of such Act. 
CONSTRUCTION 
For an additional amount for "Construction" for emergency 
expenses resulting from flooding and other natural disasters, 
$10,800,000, to remain available until expended: Provided, That 
I l l STAT. 174 
PUBLIC LAW 1 0 5 - 1 8 ^ J U N E 12, 1997 
the entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended. 
RELATED AGENCY 
COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW 
ENFORCEMENT 
For an additional amount for the operations of the Commission 
on the Advancement of Federal Law Enforcement, $2,000,000, to 
remain available until expended. 
GENERAL PROVISIONS, CHAPTER 2 
SEC. 2001. Of the funds currently contained within the 
"Counterterrorism Fund" of the Department of Justice, $3,000,000 
is provided for allocation by the Attorney General to the appropriate 
unit or units of government in Ogden, Utah, for necessary expenses, 
including enheincements and upgrade of security and communica-
tions infrastructure, to counter any potential terrorism threat 
related to the 2002 Winter Olympic games to be held in Utah. 
SEC. 2002. EXPANDING SMALL BUSINESS PARTICIPATION IN 
DREDGING.—Section 722(a) of the Small Business Competitiveness 
Demonstration Program Act of 1988 (15 U.S.C. 644 note) is amended 
by striking "September 30, 1996" and inserting "September 30, 
1997". 
SEC. 2003. Section 101 of the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1371) is amended by adding at the end thereof 
the following: 
"(d) GOOD SAMARITAN EXEMPTION.—It shall not be a violation 
of this Act to take a marine mammal if— 
"(1) such taking is imminently necessary to avoid serious 
injury, additional injury, or death to a marine mammal entan-
gled in fishing gear or debris; 
"(2) reasonable care is taken to ensure the safe release 
of the marine mammal, taking into consideration the equip-
ment, expertise, and conditions at hand; 
"(3) reasonable care is exercised to prevent any further 
injury to the marine mammal; and 
"(4) such taking is reported to the Secretary within 48 
hours.". 
SEC. 2004. Notwithstanding any other provision of law, the 
Secretary of Commerce shall have the authority to reprogram or 
transfer up to $41,000,000 of the amounts provided imder "National 
Oceanic and Atmospheric Administration, Operations, Research, 
and Facilities" for Satellite Observing Systems in Public Law 104r-
208 for other programmatic and operational requirements of the 
National Oceanic and Atmospheric Administration and the Depart-
ment of Commerce subject to notification of the Committees on 
Appropriations of the House of Representatives and the Senate 
in accordance with section 605 of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1997 and which shall not be available for obligation 
or expenditure except in compliance with the procedure set forth 
in that section. 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
111 STAT. 175 
CHAPTERS 
DEPARTMENT 
OF 
DEFENSE—CIVIL 
DEPARTMENT 
OF 
THE 
ARMY 
CORPS OF ENGINEERS—CIVIL 
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, 
ILLINOIS, 
KENTUCKY, 
LOUISIANA, 
MISSISSIPPI, 
MISSOURI, 
AND 
TENNESSEE 
For an additional amount for "Flood Control, Mississippi River 
and Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mis-
sissippi, Missouri, and Tennessee" for emergency expenses due to 
flooding and other natural disasters, $20,000,000, to remain avail-
able until expended: Provided, That the entire amount is designated 
by Congress as an emergency requirement pursusmt to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended. 
OPERATION AND MAINTENANCE, GENERAL 
For an additional amoimt for "Operation and Maintenance, 
General" for emergency expenses due to flooding and other natural 
disasters, $150,000,000, to remain available until expended: Pro-
vided, That of the total amount appropriated, the amount for eligible 
navigation projects which may be derived from the Harbor Mainte-
nance Trust Fund pursuant to Public Law 99-662, shall be derived 
from that fund: Provided further, That of the total amount appro-
priated, $5,000,000 shall be available solely for the Secretary of 
the Army, acting through the Chief of Engineers, to pay the costs 
of the Corps of Engineers and other Federal agencies associated 
with the development of necessary studies, an interagency manage-
ment plan, environmental documentation, continued monitoring, 
and other activities related to allocations of water in the Alabama-
Coosa-Tallapoosa 
and 
Apalachicola-Chattahoochee-Flint 
River 
Basins: Provided further, Tnat no portion of such $5,000,000 may 
be used by the Corps of Engineers to revise its master operational 
manuals or water control plans for operation of the reservoirs 
for the two river basins until (1) the interstate compacts for the 
two river basins are ratified by the Congress by law; and (2) 
the water allocation formulas for the two river basins have been 
agreed to by the States of Alabama, Georgia, and Florida and 
the Federal representative to the compacts: Provided further. That 
the preceding proviso shall not apply to the use of such funds 
for any environmental reviews necessary for the Federal represent-
ative to approve the water allocation formulas for the two river 
basins: Provided further. That the entire amount is designated 
by Congress as £in emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended. 
FLOOD CONTROL AND COASTAL EMERGENCIES 
For an additional amount for "Flood Control and Coastal Emer-
gencies" due to flooding and other natural disasters, $415,000,000, 
to remain available until expended: Provided, That the entire 
amount is designated by Congress as an emergency requirement 
I l l STAT. 176 
PUBLIC LAW 105-18-JUNE 12, 1997 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided fur-
ther, That with $5,000,000 of the funds appropriated herein, the 
Secretary of the Army is directed to initiate and complete 
preconstruction engineering and design and the associated Environ-
mental Impact Statement for an emergency outlet from Devils 
Lake, North Dakota, to the Sheyenne River: Provided further, That 
of the funds appropriated under this paragraph, $5,000,000 shall 
be used for the project consisting of channel restoration and 
improvements on the James River authorized by section 401(b) 
of the Water Resources Development Act of 1986 (Public Law 99-
662; 100 Stat. 4128) if the Secretary of the Army determines that 
the need for such restoration and improvements constitutes an 
emergency. 
DEPARTMENT OF THE INTERIOR 
BUREAU OF RECLAMATION 
OPERATION AND MAINTENANCE 
For an additional amount for "Operation and Maintenance", 
$7,355,000, to remain available until expended, to repair damage 
caused by floods and other natural disasters: Provided, That of 
the total appropriated, the amount for program activities that can 
be financed by the Reclamation Fund shall be derived from that 
fund: Provided further, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended. 
GENERAL PROVISIONS, CHAPTER 3 
SEC. 3001. (a) Beginning in fiscal year 1997 and thereafter, 
the United States members and the alternate members appointed 
under the Susquehanna River Basin Compact (Public Law 91-
575), and the Delaware River Basin Compact (Public Law 87-
328), shall be officers of the U.S. Army Corps of Engineers, who 
hold Presidential appointments as Regular Army officers with Sen-
ate confirmation, and who shall serve without additional compensa-
tion. 
(b) Section 2, Reservations, Paragraph (u) of Public Law 9 1 -
575 (84 Stat. 1509) and section 15.1, Reservations, Paragraph (d) 
of Pubhc Law 87-328 (75 Stat. 688, 691) are hereby repealed. 
(c) Section 2.2 of Public Law 87-328 (75 Stat. 688, 691) is 
amended by striking the words "during the term of office of the 
President" and inserting the words "at the pleasure of the Presi-
dent". 
SEC. 3002. Notwithstanding section 5 of the Reclamation Safety 
of Dams Act of 1978, Public Law 95-578, as amended, the Secretary 
of the Interior is authorized to obligate up to $1,200,000 for carrjdng 
out actual construction for safety of dam purposes to modify the 
Willow Creek Dam, Sun River Project, Montana. 
1
6 use 1
5
3
6 
SEC. 3003. (a) CONSULTATION AND CONFERENCING.—As provided 
note 
by regulations issued under the Endangered Species Act (16 U.S.C. 
1531 et seq.) for emergency situations, formal consultation or con-
ferencing under section 7(a)(2) or section 7(a)(4) of the Act for 
any action authorized, funded or carried out by any Federal agency 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
111 STAT. 177 
to repair a Federal or non-Federal flood control project, facility 
or structure may be deferred by the Federal agency authorizing, 
funding or carrying out the action, if the agency determines that 
the repair is needed to respond to an emergency causing an 
imminent threat to human lives and property in 1996 or 1997. 
Formal consultation or conferencing shall be deferred until the 
imminent threat to human lives and property has been abated. 
For purposes of this section, the term repair shall include preventive 
and remedial measures to restore the project, facility or structure 
to remove an imminent threat to human lives and property. 
(b) REASONABLE AND PRUDENT MEASURES.—Any reasonable and 
prudent measures specified under section 7 of the Endangered 
Species Act (16 U.S.C. 1536) to minimize the impact of an action 
taken under this section shall be related both in nature and extent 
to the effect of the action taken to repair the flood control project, 
facility or structure. 
CHAPTER 4 
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED 
PROGRAMS 
ASSISTANCE TO UKRAINE 
SEC. 4001. The President may waive the minimum funding 
requirements contained in subsection (k) under the heading "Assist-
ance for the New Independent States of the Former Soviet Union" 
contained in the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1997, as included in Public Law 
104-208, for activities for the government of Ukraine funded in 
that subsection, if he determines and so reports to the Committees 
on Appropriations that the government of Ukraine: 
(1) has not made progress toward implementation of com-
prehensive economic reform; 
(2) is not taking steps to ensure that United States 
businesses and individuals are able to operate according to 
generally accepted business principles; or 
(3) is not taking steps to cease the illegal dumping of 
steel plate. 
CHAPTER 5 
DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for "Construction" to repair damage 
caused by floods and other natural disasters, $4,796,000, to remain 
available until expended, of which $4,403,000 is to be derived by 
transfer from unobligated balances of funds under the heading, 
"Oregon and California Grant Lands", made available as supple-
mental appropriations in Public Law 104-134: Provided, That the 
entire amount is designated by Congress as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended. 
I l l STAT. 178 
PUBLIC LAW 105-18—JUNE 12, 1997 
OREGON AND CALIFORNIA GRANT LANDS 
For an additional amount for "Oregon and California Grant 
Lands" to repair damage caused by floods and other natural disas-
ters, $2,694,000, to remain available imtil expended and to be 
derived from unobligated balances of funds under the heading, 
"Oregon and California Grant Lands", made available as supple-
mental appropriations in Public Law 104-134: Provided, That the 
entire amount is designated by Congress as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended. 
UNITED STATES FISH AND WILDLIFE SERVICE 
RESOURCE MANAGEMENT 
For 
an 
additional 
amount 
for 
"Resource 
Management", 
$5,300,000, to remain available until expended, for technical assist-
ance and fish replacement made necessary by floods and other 
natural disasters, for restoration of public lands damaged by fire, 
and for payments to private landowners for the voluntary use 
of private land to store water in restored wetlands: Provided, That 
the entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended. 
CONSTRUCTION 
For an additional amount for "Construction", $88,000,000, to 
remain available until expended, to repair damage caused by floods 
and other natural disasters: Provided, That the entire amount 
is designated by Congress as an emergency requirement pursuant 
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended. 
LAND ACQUISITION 
For an additional amount for "Land Acquisition", $10,000,000, 
to remain available until expended, for the cost-effective emergency 
acquisition of land and water rights necessitated by floods and 
other natural disasters: Provided, That the entire amount is des-
ignated by Congress as an emergency requirement pursuant to 
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Defi-
cit Control Act of 1985, as amended. 
NATIONAL P A R K S E R V I C E 
CONSTRUCTION 
For an additional amount for "Construction" for emergency 
expenses resulting from flooding and other natural disasters, 
$187,321,000, to remain available until expended: Provided, That 
the entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That of this amount, $30,000,000 shall be avail-
able only to the extent an official budget request for a specific 
dollar amount, that includes designation of the entire amount of 
the request as an emergency requirement as defined in such Act, 
PUBLIC LAW 1 0 5 - 1 8 ^ J U N E 12, 1997 
111 STAT. 179 
is transmitted by the President to Congress, and upon certification 
by the Secretary of the Interior to the President that a specific 
amount of such funds is required for (1) repair or replacement 
of concession use facihties at Yosemite National Park if the Sec-
retary determines, after consulting with the Director of the Office 
of Management and Budget, that the repair or replacement of 
those facilities cannot be postponed until completion of an agree-
ment with the Yosemite Concessions Services Corporation or any 
responsible third party to satisfy its repair or replacement obliga-
tions for the facilities, or (2) the Federal portion, if any, of the 
costs of repair or replacement of such concession use facilities: 
Provided further, 
That nothing herein should be construed as 
impairing in any way the rights of the United States against 
the Yosemite Concession Services Corporation or any other party 
or as relieving the Corporation or any other party of its obligations 
to the United States: Provided further, That prior to any final Certification. 
agreement by the Secretary with the Corporation or any other 
party concerning its obligation to repair or replace concession use 
facilities, the Solicitor of the Department of the Interior shall certify 
that the agreement fully satisfies the obligations of the Corporation 
or third party: Provided further. That nothing herein, or any pay-
ments, repairs, or replacements made by the Corporation or a 
third party in fulfillment of the Corporation's obligations to the 
United States to repair and replace damaged facilities, shall create 
any possessory interest for the Corporation or such third party 
in such repaired or replaced facilities: Provided further, That any 
payments made to the United States by the Corporation or a 
third party for repair or replacement of concession use facilities 
shall be deposited in the General Fund of the Treasury or, where 
facilities are repaired or replaced by the Corporation or any other 
third party, an equal amount of appropriations for "Construction" 
shall be rescinded. 
For an additional amount for "Construction", $10,000,000, to 
remain available until expended, to make repairs, construct facili-
ties, and provide visitor transportation and for related purposes 
at Yosemite National Park. 
UNITED STATES GEOLOGICAL SURVEY 
SURVEYS, INVESTIGATIONS, AND RESEARCH 
For an additional amount for "Surveys, Investigations, and 
Research", $4,650,000, to remain available until September 30, 
1998, to repair or replace damaged equipment and facilities caused 
by floods and other natural disasters: Provided, That the entire 
amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended. 
BUREAU OF INDIAN AFFAIRS 
OPERATION OF INDIAN PROGRAMS 
For an additional amount for "Operation of Indian Programs", 
$14,317,000, to remain available until September 30, 1998, for 
emergency response activities, including emergency school oper-
ations, heating costs, emergency welfare assistance, and to repair 
and replace facilities and resources damaged by snow, floods, and 
I l l STAT. 180 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
other natural disasters: Provided, That the entire amount is des-
ignated by Congress as an emergency requirement pursuant to 
section 251(b)(2)(I))(i) of the Balanced Budget and Emergency Defi-
cit Control Act of 1985, as amended. 
CONSTRUCTION 
For an additional amount for "Construction", $6,249,000, to 
remain available until expended, to repair damages caused by floods 
and other natural disasters: Provided, That the entire amount 
is designated by Congress as an emergency requirement pursuant 
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further. That 
notwithstanding any other provision of law, funds appropriated 
herein and in Public Law 104-208 to the Bureau of Indian Affairs 
for repair of the Wapato irrigation project shall be made available 
on a nonreimbursable basis. 
RELATED AGENCIES 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
NATIONAL FOREST SYSTEM 
For an additional amount for "National Forest System" for 
emergency expenses resulting from flooding and other natural disas-
ters, $39,677,000, to remain available until expended: Provided, 
That the entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended. 
RECONSTRUCTION AND CONSTRUCTION 
For an additional amount for "Reconstruction and Construction" 
for emergency expenses resulting from flooding and other natural 
disasters, $27,685,000, to remain available until expended: Pro-
vided, That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended. 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
INDIAN HEALTH SERVICE 
INDIAN HEALTH SERVICES 
For an additional amount for "Indian Health Services" for emer-
gency expenses resulting from flooding and other natural disasters, 
$1,000,000, to remain available until expended: Provided, 
That 
the entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended. 
PUBLIC LAW 105-18-^JUNE 12, 1997 
111 STAT. 181 
INDIAN HEALTH FACILITIES 
For an additional amount for "Indian Health Facilities" for 
emergency expenses resulting from flooding and other natural disas-
ters, $2,000,000, to remain available imtil expended: Provided, That 
the entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended. 
GENERAL PROVISIONS, CHAPTER 5 
SEC. 5001. Section 101(c) of PubHc Law 104-134 is amended 
as follows: Under the heading "Title III—General Provisions" amend 
sections 315(c)(1)(A) and 315(c)(1)(B) by striking in each of those 
sections "104%" and inserting in lieu thereof "100%"; by striking 
in each of those sections "1995" and inserting in lieu thereof "1994"; 
Eind by striking in each of those sections "and thereafter annually 
adjusted upward by 4%,". 
SEC. 5002. Section 101(d) of PubHc Law 104-208 is amended 
as follows: Under the heading "Administrative Provisions, Indian 
Health Service" strike the seventh proviso and insert the following 
in lieu thereof: ": Provided further. That with respect to functions 
transferred by the Indian Health Service to tribes or tribal organiza-
tions, the Indian Health Service is authorized to provide goods 
and services to those entities, on a reimbursable basis, including 
pajmaent in advance with subsequent 
adjustment, 
and 
the 
reimbursements received therefrom, along with the funds received 
from those entities pursuant to the Indian Self Determination Act, 
may be credited to the same or subsequent appropriation account 
which provided the funding, said amounts to remain available until 
expended". 
SEC. 
5003. (a) EXTENSION AND EFFECTIVE DATE.—Section 
3711(b)(1) of the San Carlos Apache Tribe Water Rights Settlement 
Act of 1992 (106 Stat. 4752) is amended by striking "June 30, 
1997" and inserting "March 31, 1999". 
(b) EXTENSION FOR RIVER SYSTEM GENERAL ADJUDICATION.— 
Section 3711 of such Act is amended by adding at the end the 
following new subsection: 
"(c) EXTENSION FOR RIVER SYSTEM GENERAL ADJUDICATION.— 
If, at £uiy time prior to March 31, 1999, the Secretary notifies 
the Committee on Indian Affairs of the United States Senate or 
the Committee on Resources in the United States House of Rep-
resentatives that the Settlement Agreement, as executed by the 
Secretary, has been submitted to the Superior Court of the State 
of Arizona in £m.d for Maricopa County for consideration and 
approval as part of the General Adjudication of the Gila River 
System and Source, the March 31, 1999, referred to in subsection 
(b)(1) shall be deemed to be changed to December 31, 1999.". 
(c) COUNTIES.—Section 3706(b)(3) of such Act is amended by 
inserting "Gila, Graham, Greenlee," after "Maricopa,". 
(d) PARTIES TO AGREEMENT.—Section 3703(2) of such Act is 
amended by adding at the end the following new sentence: "The 
Gila Valley Irrigation District and the Franklin Irrigation District 
shall be added as parties to the Agreement, but only so long 
as none of the aforementioned parties objects to adding the Gila 
Valley Irrigation and/or the Franklin Irrigation District as parties 
to the Agreement.". 
16 u s e 460/-6a 
note. 
110 Stat. 
3009-213. 
Arizona. 
25 u s e 390 note. 
25 u s e 390 note. 
106 Stat. 4745. 
106 Stat. 4741. 
I l l STAT. 182 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
(e) DEFINITIONS.—Section 3703 of such Act is amended by add-
ing the following new paragraphs: 
"(12) 'Morenci mine complex' means the lands owned or leased 
by Phelps Dodge Corporation, now or in the future, delineated 
in a map as 'Phelps Dodge Mining, Mineral Processing, and Auxil-
iary Facilities Water Use Area', which map is dated March 19, 
1996, and is on file with the Secretary of the Interior. 
"(13) 'Upper Eagle Creek Wellfield' means that area in Greenlee 
County which is bounded by the eastern boundary of Graham 
County on the west, the southern boundary of the Black River 
watershed on the north, a line running north and south 5 miles 
east of the eastern boundary of Graham County on the east, and 
the southern boundary of the natural drainage of Cottonwood Can-
yon on the south.". 
(f) BLACK RIVER FACILITIES.—Section 3711 of such Act, as 
amended by subsection (b) of this Act, is further amended by 
adding at the end the following: 
"(d) BLACK RIVER FACILITIES.— 
"(1) IN GENERAL.—The provisions and agreements set forth 
or referred to in paragraphs (2), (3), and (4) below shall be 
enforceable against the United States in United States district 
court, and the immunity of the United States for such purposes 
and for no other purpose is hereby waived. The provisions 
and agreements set forth or referred to in paragraphs (2)(A), 
(3), and (4) below shall be enforceable against the Tribe in 
United States district court, and the immunity of the Tribe 
for such purposes and for no other purpose, is hereby waived. 
The specific agreements made by the Tribe and set forth in 
P
aragraph (5) shall be enforceable ag£dnst the Tribe in United 
tates district court, and the immunity of the Tribe is hereby 
waived as to such specific agreements and for no other purpose. 
"(2) INTERIM PERIOD.— 
"(A) As of July 23, 1997, Phelps Dodge shall vacate 
the reservation and no longer rely upon permit #2000089, 
dated July 25, 1944. On such date the United States, 
through the Bureau of Reclamation, shall enter, operate, 
and maintain the Black River pump station, outbuildings, 
the pipeline, related facilities, and certain caretaker quar-
ters (hereinafter referred to collectively as the 'Black River 
facilities'). 
"(B) The United States and Phelps Dodge shall enter 
into a contract for delivery of water pursuant to subpara-
graph (C), below. Water for delivery to Phelps Dodge from 
the Black River shall not exceed an annual average of 
40 acre feet per day, or 14,000 acre feet per year. All 
diversions from Black River to Phelps Dodge shall be junior 
to the diversion and use of up to 7,300 acre feet per 
year by the San Carlos Apache Tribe, and no such diversion 
for Phelps Dodge shall cause the flow of Black River to 
fall below 20 cubic feet per second. The United States 
shall account for the costs for operating and maintaining 
the Black River facilities, 
and Phelps Dodge 
shall 
reimburse the United States for such costs. Phelps Dodge 
shall pay to the United States, for delivery to the Tribe, 
the sum of $20,000 per month, with an annual CPI adjust-
ment from July 23, 1997, for purposes of compensating 
the Tribe for United States use and occupancy of the Black 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
111 STAT. 183 
River facilities. Phelps Dodge and the Tribe shall cooperate 
with the United States in effectuating £in orderly transfer 
of the operations of the Black River facilities from Phelps 
Dodge to the United States. 
"(C) Notwithstanding any other provision of law, the 
contract referred to in subparagraph (B) between the 
United States and Phelps Dodge which provides for the 
diversion of water from the Black River into the Black 
River facilities, and the delivery of such water to Phelps 
Dodge at that location where the channel of Eagle Creek 
last exits the reservation for use in the Morenci mine 
complex and the towns of Clifton and Morenci and at 
no other location, is ratified and confirmed. 
"(D) The power line right-of-way over the Tribe's Res-
ervation which currently is held by Phelps Dodge shall 
remain in place. During the interim period, Phelps Dodge 
shall provide power to the United States for operation 
of the pump station and related facilities without charge, 
and Phelps Dodge shall pay a monthly right-of-way fee 
to the Tribe of $5,000 per month, with an annual CPI 
adjustment from July 23, 1997. 
"(E) Any questions regarding the water claims associ-
ated with Phelps Dodge's use of the Upper Eagle Creek 
Wellfield, its diversions of surface water from Eagle Creek, 
the San Francisco River, Chase Creek, £ind/or its use of 
other water supplies are not addressed in this title. No 
provision in this subsection shall affect or be construed 
to affect any claims by the Tribe, the United States, or 
Phelps Dodge to groundwater or surface water. 
"(3) FINAL ARRANGEMENTS AND TERMS.—The interim period 
described in paragraph (2) shall extend until all conditions 
set forth in paragraph (3)(B) have been satisfied. At such time, 
the following final arrangements shall apply, based on the 
terms set forth below. Such terms shall bind the Tribe, the 
United States, and Phelps Dodge, and shall be enforceable 
pursuant to subsection (d)(1) of this Act. 
"(A) The United States shall hold the Black River 
facilities in trust for the Tribe, without cost to the Tribe 
or the United States. 
"(B) Responsibility for operation of the Black River 
facilities shall be transferred from the United States to 
the Tribe. The United States shall train Tribal members 
during the interim period, and the responsibility to operate 
the Black River facilities shall be transferred upon satisfac-
tion of 2 conditions— 
"(i) a finding by the United States that the Tribe 
has completed necessary tredning and is qualified to 
operate the Black River facilities; and 
"(ii) execution of the contract described in para-
graph (3)(E), which contract shall be executed on or 
before December 31, 1998. In the event that the con-
tract is not executed by December 31, 1998, the trans-
fer described in this subsection shall occur on Decem-
ber 31, 1998 (so long as condition (i) of this subpara-
graph has been satisfied), based on application of the 
contract terms described in paragraph (3)(E), which 
terms shall be enforceable under this Act. Upon the 
I l l STAT. 184 
PUBLIC LAW 1 0 5 - 1 8 ^ J U N E 12, 1997 
approval of the Secretary, the Tribe may contract with 
third parties to operate the Black River facilities. 
"(C) Power lines currently operated by Phelps Dodge 
on the Tribe's Reservation, and the right-of-way associated 
with such power lines, shall be surrendered by Phelps 
Dodge to the Tribe, without cost to the Tribe. Prior to 
the surrender of the power lines, the Bureau of Reclamation 
shall arrange for an inspection of the power lines and 
associated facilities by a qualified third party and shall 
obtain a certification that such power lines and facilities 
are of sound design and are in good working order. Phelps 
Dodge shall pay for the cost of such inspection and certifi-
cation. Concurrently with the surrender of the power lines 
and the right-of-way, Phelps Dodge shall construct a switch 
station at the boundary of the Reservation at which the 
Tribe may switch power on or off and shall deliver owner-
ship and control of such switch station to the Tribe. Subse-
quent to the transfer of the power lines and the right-
of-way and the delivery of ownership and control of the 
switch station to the Tribe, Phelps Dodge shall have no 
further obligation or liability of any nature with respect 
to the ownership, operation, or maintenance of the power 
lines, the right-of-way, or the switch station. 
"(D) The Tribe and the United States will enter into 
an exchange agreement with the Salt River Project which 
will deliver CAP water controlled by the Tribe to the Salt 
River Project in return for the diversion of water from 
the Black River into the Black River facilities. The 
exchange agreement shall be subject to review and approval 
by Phelps Dodge, which approval shall not be unreasonably 
withheld. Notwithstanding any other provision of law, the 
contract referred to in this subparagraph is ratified and 
confirmed. 
"(E) The Tribe, the United States, and Phelps Dodge 
will execute a contract covering the lease and delivery 
of CAP water from the Tribe to Phelps Dodge on the 
following terms: 
"(i) The Tribe will lease to Phelps Dodge 14,000 
acre feet of CAP water per year as of the date on 
which the interim period referred to in paragraph (2) 
expires. The lease shall be subject to the terms and 
conditions identified in the Tribal CAP Delivery Con-
tract referenced in section 3706(b). The leased CAP 
water shall be delivered to Phelps Dodge from the 
Black River pursuant to the exchange referred to in 
subparagraph (D) above, based on diversions from the 
Black River that shall not exceed an annual average 
of 40 acre feet per day and shall not cause the flow 
of Black River to fall below 20 cubic feet per second. 
Such CAP water shall be delivered to Phelps Dodge 
at that location where the channel of Eagle Creek 
last exits the Reservation, to be utilized in the Morenci 
mine complex and the towns of Clifton and Morenci, 
and at no other location. 
"(ii) The leased CAP water shall be junior to the 
diversion and use of up to 7,300 acre feet per year 
PUBLIC LAW 1 0 5 - 1 8 - J U N E 12, 1997 
111 STAT. 185 
from the Black and Salt Rivers by the San Carlos 
Apache Tribe. 
"(iii) The lease will be for a term of 50 years 
or, if earlier, the date upon which mining activities 
at the Morenci mine complex cease, with a right to 
renew for an additional 50 years upon a finding by 
the Secretary that the water is needed for continued 
mining activities at the Morenci mine complex. The 
lease shall have the following financial terms: 
"(I) The Tribe will lease CAP water at a cost 
of $1,200 per acre foot. Phelps Dodge shall pay 
to the United States, on behalf of the Tribe, the 
sum of $5,000,000 upon the earlier of the execution 
of the agreement, or upon the expiration of the 
interim period referred to in paragraph (2) hereof, 
which amount shall be a prepajonent for and 
applicable to the first 4,166 acre feet of CAP water 
to be delivered in each year during the term of 
the lease. 
"(11) Phelps Dodge shall pay the United States, 
on behalf of the Tribe, the sum of $65 per acre 
foot per year, with an annual CPI adjustment for 
the remaining 9,834 acre feet of water to be deliv-
ered pursuant to the lease each year. Such pay-
ments shall be made in advance on January 1 
of each year, with a reconciliation made at year-
end, if necessary, in the event that less than 14,000 
acre feet of CAP water is diverted from the Black 
River due to shortages in the CAP system or on 
the Black River. 
"(Ill) Phelps Dodge shall pay in advance each 
month the Tribe's reasonable costs associated with 
i 
the Tribe's operation, maintenance, and replace- 
•$ 
ment of the Black River facilities for purposes 
of delivering water to Phelps Dodge pursuant to 
the lease, which costs shall be based upon the 
experience of the Bureau of Reclamation in operat-
ing the Black River facilities during the interim 
period referred to in paragraph (2), subject to an 
annual CPI adjustment, and providing for a credit 
for power provided by Phelps Dodge to the Tribe. 
In addition, Phelps Dodge shall pay a monthly 
fee of $30,000 to the United States, on behalf 
of the Tribe, to account for the use of the Tribe's 
distribution system. 
"(IV) Phelps Dodge shall pay the United States 
operation, maintenance, and replacement charges 
associated with the leased CAP water and such 
reasonable interconnection charges as may be 
imposed by Salt River Project in connection with 
the exchange referred to in subparagraph (D) 
above. 
"(iv) Notwithstanding the provisions of section 
3707(b), any moneys, except Black River facilities 
OM&R, CAP OM&R and any charges associated with 
an exchange agreement with Salt River Project, paid 
to the United States on behalf of the Tribe from the 
I l l STAT. 186 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
lease referred to under paragraph (3)(D)(iii) shall be 
held in trust by the United States for the benefit 
of the Tribe. There is hereby established in the Treas-
ury of the United States a fund to be known as the 
*San Carlos Apache Tribe Lease Fund' for such purpose. 
Interest accruing to the Fund may be used by the 
Tribe for economic and community development pur-
poses upon presentation to the Secretary of a certified 
copy of a duly enacted resolution of the Tribal Coimcil 
requesting distribution and a written budget approved 
by the Tribal Council. Such income may thereafter 
be expended only in accordance with such budget. 
Income not distributed shall be added to principal. 
The United States shall not be liable for any claim 
or causes of action arising from the Tribe's use or 
expenditure of moneys distributed 
fi*om 
the Fund. 
"(v) The lease is not assignable to any third party, 
except with the consent of the Tribe and Phelps Dodge, 
and with the approval of the Secretary. 
"(vi) Notwithstanding subsection (b) hereof, section 
3706 shall be fully effective immediately with respect 
to the CAP water lease provided for in this subpara-
graph and the Secretary shall take all actions author-
ized by section 3706 necessary for purposes of 
implementing this subparagraph. Notwithstanding any 
other provision of law, the contract referred to in this 
subparagraph is ratified and confirmed and shall be 
enforceable in United States district court. In the event 
that no lease authorized by this subparagraph is 
executed, this subparagraph, notwithstanding any 
other provision of law, shall be enforceable as a lease 
among the Tribe, the United States, and Phelps Dodge 
in the United States district court, and the Secretary 
shall take all action authorized by section 3706 for 
purposes of implementing this subparagraph in such 
an event. 
"(F) Any questions regarding the water claims associ-
ated with Phelps Dodge's use of the Eagle Creek Wellfield, 
its diversions of surface water from lower Eagle Creek, 
the San Francisco River, Chase Creek, and/or its use of 
other water supplies are not addressed by this title. No 
provision in this subsection shall affect or be construed 
to affect any claims by the Tribe, the United States, or 
Phelps Dodge to groiuidwater or surface water. 
"(4) EAGLE CREEK.—From the effective date of this sub-
section, and during the Interim Period, the Tribe shall not, 
in any way, impede, restrict, or sue the United States regarding 
the passage of water fi-om the Black River facilities into those 
portions of the channels of Willow Creek and Eagle Creek 
which flow through the Reservation. Phelps Dodge agrees to 
limit pumping fi*om the Upper Eagle Creek Wellfield so that 
the combination of water from the Black River facilities and 
water pumped fi-om the Upper Eagle Creek Wellfield does 
not exceed 22,000 acre feet per year of delivered water at 
the Phelps Dodge Lower Eagle Creek Pump Station below 
the Reservation. In calculating the pumping rates allowed 
under this subparagraph, transmission losses from Black River 
'J^'''^J^, 
PUBLIC LAW 105-18-JUNE 12, 1997 
111 STAT. 187 
and the Upper Eagle Creek Wellfield shall be estimated, but 
in no event shall such transmission losses be more than 10 
percent of the Black River or Upper Eagle Creek Wellfield 
water. Based on this agreement, the Tribe shall not, in any 
way, impede, restrict, or sue Phelps Dodge regarding the pas-
sage of water from the Phelps Dodge Upper Eagle Creek 
Wellfield, except that— 
"(A) Phelps Dodge shall pay to the United States, 
on behalf of the Tribe, $5,000 per month, with an annual 
CPI adjustment from July 23, 1997, to account for the 
passage of such flows; and 
"(B) the Tribe and the United States reserve the right 
to challenge Phelps Dodge's claims regarding the pumping 
of groundwater from the Upper Eagle Creek Wellfield, in 
accordance with paragraphs (2)(E) and (3)(F) above. In 
the event that a court determines that Phelps Dodge does 
not have the right to pump the Upper Eagle Creek 
Wellfield, the Tribe will no longer be subject to the restric-
tion set forth in this subparagraph regarding the passage 
of water from the Wellfield through the Reservation. Noth-
ing in this subsection shall affect the rights, if any, that 
Phelps Dodge might claim regarding the flow of water 
in the channel of Eagle Creek in the absence of this sub-
section. 
"(5) PAST CLAIMS.—The Act does not address claims relating 
to Phelps Dodge's prior occupancy and operation of the Black 
River facilities. The Tribe agrees not to bring any such claims 
against the United States, The Tribe also agrees that within 
30 days after Phelps Dodge has vacated the Reservation, it 
shall dismiss with prejudice the suit that it has filed in Tribal 
Court against Phelps Dodge (The San Carlos Apache Tribe 
V. Phelps Dodge, et al.. Case No. C-97-118), which such dismis-
sal shall not be considered a decision on the merits, and any 
claims that it might assert against Phelps Dodge in connection 
with Phelps Dodge's prior occupancy and operation of the Black 
River facilities shall be brought exclusively in the United States 
district court. 
"(6) RELATIONSHIP TO SETTLEMENT.— 
"(A) The term 'Agreement', as defined by section 
3703(2), shall not include Phelps Dodge. 
"(B) Section 3706(j) and section 3705(f) shall be 
106 Stat. 4745, 
repealed and shall have no effect. 
4744. 
"(7) 
RATIFICATION 
OF 
SETTLEMENT.—The 
agreement 
between the San Carlos Apache Tribe, the Phelps Dodge Cor-
poration, and the Secretary of the Interior, as set forth in 
this subsection, is hereby ratified and approved.". 
(g) TECHNICAL AMENDMENT.—Section 3702(a)(3) is amended 
106 Stat. 4740. 
by striking "qualification" and inserting "quantification". 
SEC. 5004. Paragraph (5) of section 104(c) of the Marine Mam-
mal Protection Act of 1972 (16 U.S.C. 1374(c)(5)) is amended as 
follows: 
(1) In subparagraph (A), by striking ", including polar 
bears taken but not imported prior to the date of enactment 
of the Marine Mammal Protection Act Amendments of 1994,". 
(2) By adding the following new subparagraph at the end 
thereof: 
I l l STAT. 188 
PUBLIC LAW 1 0 5 - 1 8 - J U N E 12, 1997 
Permits. 
"(D) The Secretary of the Interior shEill, expeditiously after 
Polar bears. 
the expiration of the apphcable 30 day period under subsection 
Canada. 
(d)(2), issue a permit for the importation of polar bear parts (other 
than internal organs) from polar bears taken in sport hunts in 
Canada before the date of enactment of the Marine Mammal Protec-
tion Act Amendments of 1994, to each applicant who submits, 
with the permit application, proof that the polar bear was legally 
harvested in Ceinada by the applicant. The Secretary shall issue 
such permits without regard to the provisions of subpeiragraphs 
(A) and (C)(ii) of this paragraph, subsection (d)(3) of this section, 
and sections 101 and 102. Tlus subparagraph shall not apply to 
polar bear parts that were imported before the effective date of 
this subparagraph.". 
CHAPTER 6 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
HEALTH RESOURCES AND SERVICES 
ADMINISTRATION 
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM 
Public Law 104-208, under the heading "Health Education 
110 Stat. 
Assistance 
Loans 
Program" is amended 
by inserting 
after 
3009-243. 
"$140,000,000" the following: ": Provided further. That the Secretary 
may use up to $499,000 derived by transfer from insurance pre-
miums collected from guarainteed loans made under title VII of 
the Public Health Service Act for the purpose of carrying out section 
709 of that Act". 
ADMINISTRATION FOR CHILDREN AND FAMILIES 
CHILDREN AND FAMILIES SERVICES PROGRAMS 
Public Law 104-208, under the heading titled "Children and 
110 Stat. 
Families Services Programs" is amended by inserting after the 
3009-251. 
reference to "part B(l) of title IV" the following: "and section 1110". 
OFFICE OF THE SECRETARY 
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND 
For expenses necessary to support high priority health research, 
$15,000,000, to remain available until expended: Provided, That 
the Secretary shall award such funds on a competitive basis. 
DEPARTMENT OF EDUCATION 
EDUCATION FOR THE DISADVANTAGED 
For additional amounts to carry out subpart 2 of part A of 
title I of the Elementary eind Secondary Education Act of 1965, 
$101,133,000, of which $78,362,000 shall be for Basic Grants and 
$22,771,000 shall be for Concentration Grants, which shall be allo-
cated, notwithstanding any other provision of law, only to those 
States, and counties within those States, that will receive, from 
funds available under the Department of Education Appropriations 
Act, 1997, smaller allocations for Grants to Local Educational Agen-
cies than they would have received had those allocations been 
PUBLIC LAW 1 0 5 - 1 8 ^ J U N E 12, 1997 
111 STAT. 189 
calculated entirely on the basis of child poverty counts from the 
1990 census: Provided, That the Secretary of Education shall use 
these additional funds to provide those States with 50 percent 
of the difference between the allocations they would have received 
had the allocations under that Appropriations Act been calculated 
entirely on the basis of the 1990 census data and the allocations 
under the 1997 Appropriations Act: Provided further, That if any 
State's total allocation under that Appropriations Act and this para-
graph is less than its 1996 allocation for that subpart, that State 
shall receive, under this paragraph, the amount the State would 
have received had that allocation been calculated entirely on the 
basis of child poverty counts from the 1990 census: Provided further. 
That the Secretary shall ratably reduce the allocations to States 
under the preceding proviso for either Basic Grants or Concentra-
tion Grants, or both, as the case may be, if the funds available 
are insufficient to make those allocations in full: Provided further. 
That the Secretary shall allocate, to such counties in each such 
State, additional amounts for Basic Grants and Concentration 
Grants that are in the same proportion, respectively, to the total 
amounts allocated to the State, as the differences between such 
counties' initial allocations for Basic Grants and Concentration 
Grants, respectively (compared to what they would have received 
had the initial allocations been calculated entirely on the basis 
of 1990 census data), are to the differences between the State's 
initial allocations for Basic Grants and Concentration Grants, 
respectively (compared to the amounts the State would have 
received had the initial allocations been calculated entirely on the 
basis of 1990 census data): Provided further. That the funds appro-
priated under this paragraph shall become available on July 1, 
1997 and shall remain available through September 30, 1998: Pro-
vided further, That the additional amounts appropriated under 
this paragraph shall not be taken into account in determining 
State allocations under any other program administered by the 
Secretary. 
RELATED AGENCY 
NATIONAL COMMISSION ON THE COST OF HIGHER EDUCATION 
SALARIES AND EXPENSES 
For necessary expenses for the National Commission on the 
Cost of Higher Education, $650,000, to remain available until 
expended. 
GENERAL PROVISIONS, CHAPTER 6 
SEC. 6001. Notwithstanding any other provision of law, fiscal 
year 1995 funds awarded under State-administered programs of 
the Department of Education and funds awarded for fiscal year 
1996 for State-administered programs under the Rehabilitation Act 
of the Department of Education to recipients in Presidentially 
declared disaster areas, which were declared as such during fiscal 
year 1997, are available to those recipients for obligation until 
September 30, 1998: Provided, That for the purposes of assisting 
those recipients, the Secretary's waiver authority under section 
14401 of the Elementary and Secondary Education Act of 1965 
I l l STAT. 190 
PUBLIC LAW 1 0 5 - 1 8 ^ J U N E 12, 1997 
shall be extended to all State-administered programs of the Depart-
ment of Education. This special waiver authority applies only to 
funds awarded for fiscal years 1995, 1996, and 1997. 
SEC. 6002. Notwithstanding any other provision of law, the 
Secretary of Education may waive or modify any statutory or regu-
latory provision applicable to the student financial aid programs 
under title IV of the Higher Education Act that the Secretary 
deems necessary to assist individuals and other program partici-
pants who suffered financial harm from natural disasters and who, 
at the time the disaster struck were operating, residing at, or 
attending an institution of higher education, or employed within 
these areas on the date which the President declared the existence 
of a major disaster (or, in the case of an individual who is a 
dependent student, whose parent or stepparent suffered 
financial 
harm from such disaster, and who resided, or was employed in 
such an area at that time): Provided further, That such authority 
shall be in effect only for awards for award years 1996-1997 and 
1997-1998. 
SEC. 6003. None of the funds provided in this Act or in any 
other Act making appropriations for fiscal year 1997 may be used 
to administer or implement in Denver, Colorado, the Medicare 
Competitive Pricing/Open Enrollment Demonstration, as titled in 
the April 1, 1997, Final Request for Proposals (RFP). 
SEC. 6004. EMERGENCY USE OF CHILD CARE FUNDS. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
during the period beginning on April 30, 1997, and ending on 
July 30, 1997, the Governors of the States described in paragraph 
(1) of subsection (b) may, subject to subsection (c), use amounts 
received for the provision of child care assistance or services under 
the Child Care and Development Block Grant Act of 1990 (42 
U.S.C. 9801 et seq.) to provide emergency child care services to 
individuals described in paragraph (2) of subsection (b). 
(b) ELIGIBILITY.— 
(1) OF STATES.—A State described in this paragraph is 
a State in which the President, pursuant to section 401 of 
the Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121), has determined that a major disaster 
exists, or that an area within the State is determined to be 
eligible for disaster relief under other Federal law by reason 
of damage related to flooding in 1997. 
(2) O F INDIVIDUALS.—An individual described in this sub-
section is an individual who— 
(A) resides within any area in which the President, 
pursuant to section 401 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121), 
has determined that a major disaster exists, or within 
an area determined to be eligible for disaster relief under 
other Federal law by reason of damage related to flooding 
in 1997; and 
(B) is involved in unpaid work activities (including 
the cleaning, repair, restoration, and rebuilding of homes, 
businesses, and schools) resulting from the flood emergency 
described in subparagraph (A). 
(c) LIMITATIONS.— 
(1) REQUIREMENTS.—With respect to assistance provided 
to individuals under this section, the quality, certification and 
PUBLIC LAW 1 0 5 - 1 8 - J U N E 12, 1997 
111 STAT. 191 
Effective date. 
8 u s e 1612 note. 
licensure, health and safety, nondiscrimination, and other 
requirements applicable under the Federal programs referred 
to in subsection (a) shall apply to child care provided or obtained 
under this section. 
(2) AMOUNT OF FUNDS.—The total amount utilized by each 
of the States under subsection (a) during the period referred 
to in such subsection shall not exceed the total amount of 
such assistance that, notwithstanding the enactment of this 
section, would otherwise have been expended by each such 
State in the affected region during such period, 
(d) PRIORITY.—In making assistance available under this sec-
tion, the Governors described in subsection (a) shall give priority 
to eligible individuals who do not have access to income, assets, 
or resources as a direct result of the flooding referred to in sub-
section (b)(2)(A). 
EXTENSION OF SSI REDETERMINATION PROVISIONS 
SEC. 6005. (a) Section 402(a)(2)(D)(i) of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1612(a)(2)(D)(i)) is amended— 
(1) in subclause (I), by striking "the date which is 1 year 
after such date of enactment," and inserting "September 30, 
1997,"; and 
(2) in subclause (III), by striking "the date of the redeter-
mination with respect to such individual" and inserting 
"September 30, 1997,". 
(b) The amendment made by subsection (a) shall be effective 
as if included in the enactment of section 402 of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996. 
CHAPTER 7 
CONGRESSIONAL OPERATIONS 
SENATE 
CONTINGENT EXPENSES OF THE SENATE 
SECRETARY OF THE SENATE 
(TRANSFER OF FUNDS) 
For an additional amount for expenses of the "Office of the 
Secretary of the Senate", to carry out the provisions of section 
8 of the Legislative Branch Appropriations Act, 1997, $5,000,000, 
to remain available until September 30, 2000, to be derived by 
transfer from funds previously appropriated from fiscal year 1997 
funds under the heading "SENATE", subject to the approval of 
the Committee on Appropriations. 
HOUSE OF REPRESENTATIVES 
PAYMENTS TO WIDOWS AND H E I R S OF DECEASED MEMBERS OF 
CONGRESS 
For payment to Marissa, Sonya, and Frank (III) Tejeda, chil- Marissa Tejeda. 
dren of Frank Tejeda, late a Representative from the State of Sonya Tejeda. 
T e x a s , $133,600. 
Frank Tejeda, 
I l l STAT. 192 
2 use 59-1. 
Effective date. 
Effective date. 
2USC65fnote. 
41 use 253/-1. 
PUBLIC LAW 1 0 5 - 1 8 ^ J U N E 12, 1997 
OTHER AGENCY 
BOTANIC GARDEN 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses, Botanic 
Garden", $33,500,000, to remain available until expended, for emer-
gency repair and renovation of the Conservatory. 
GENERAL PROVISIONS, CHAPTER 7 
SEC. 7001. Section 105(f) of the Legislative Branch Appropria-
tion Act, 1968 (2 U.S.C. 61-l(f)) is amended by adding at the 
end the following: "The limitation on the minimum rate of gross 
compensation under this subsection shall not apply to any member 
or civilian employee of the Capitol Police whose compensation is 
disbursed by the Secretary of the Senate.". 
SEC. 7002. (a) Notwithstanding any other provision of law 
or regulation, with the approval of the Committee on Rules and 
Administration of the Senate, the Sergeant at Arms and Doorkeeper 
of the Senate is authorized to provide additional facilities, services, 
equipment, and office space for use by a Senator in that Senator's 
State in connection with a disaster or emergency declared by the 
President under the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act. Expenses incurred by the Sergeant at Arms 
and Doorkeeper of the Senate under this section shall be paid 
from the appropriation account, within the contingent fund of the 
Senate, for expenses of the Office of the Sergeant at Arms and 
Doorkeeper of the Senate, upon vouchers signed by the Sergeant 
at Arms and Doorkeeper of the Senate with the approval of the 
Committee on Rules and Administration of the Senate. 
(b) This section is effective on and after the date of enactment 
of this Act. 
SEC. 7003. (a) Section 2 of Public Law 100-71 (2 U.S.C. 65f) 
is amended by adding at the end the following: 
"(c) Upon the written request of the Secretary of the Senate, 
with the approval of the Committee on Appropriations of the Senate, 
there shall be transferred any amount of funds available under 
subsection (a) specified in the request, but not to exceed $10,000 
in any fiscal year, from the appropriation account (within the contin-
gent fund of the Senate) for expenses of the Office of the Secretary 
of the Senate to the appropriation account for the expense allowance 
of the Secretary of the Senate. Any funds so transferred shall 
be available in like manner and for the same purposes as are 
other funds in the account to which the funds are tremsferred.". 
(b) The amendment made by subsection (a) shall be effective 
with respect to appropriations for fiscal years beginning on or 
after October 1, 1996. 
SEC. 7004. The Comptroller General may use available funds, 
now and hereafter, to enter into contracts for the acquisition of 
severable services for a period that begins in one fiscal year and 
ends in the next fiscal year and to enter in multiyear contracts 
for the acquisition of property and nonaudit-related services, to 
the same extent as executive agencies under the authority of sec-
tions 303L and 304B, respectively, of the Federal Property and 
Administrative Services Act (41 U.S.C. 2531 and 254c). 
PUBLIC LAW 1 0 5 - 1 8 ^ J U N E 12, 1997 
111 STAT. 193 
CHAPTERS 
DEPARTMENT OF TRANSPORTATION 
COAST GUARD 
OPERATING EXPENSES 
For an additional amount for "Operating Expenses", $1,600,000, 
for necessary expenses directly related to support activities in the 
TWA Flight 800 crash investigation, to remain available until 
expended. 
RETIRED PAY 
For an additional amount for "Retired Pay", $9,200,000. 
FEDERAL HIGHWAY ADMINISTRATION 
FEDERAL-AID HIGHWAYS 
EMERGENCY RELIEF PROGRAM 
(HIGHWAY TRUST FUND) 
For an additional amount for the Emergency Relief Program 
for emergency expenses resulting from flooding and other natural 
disasters, as authorized by 23 U.S.C. 125, $650,000,000, to be 
derived from the Highway Trust Fund and to remain available 
until expended: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(bX2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended: Provided further, That 23 U.S.C. 
125(b)(1) shall not apply to projects resulting from the December 
1996 and January 1997 flooding in the western States. 
FEDERAL-AID HIGHWAYS 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
The limitation under this heading in Public Law 104-205 is 
increased by $694,810,534: Provided, That such additional authority 
shall remain available during fiscal year 1997: Provided 
further, 
That notwithstanding any other provision of law, the authority 
provided herein above shall be distributed to ensure that States 
receive an amount they would have received had the Highway 
Trust Fund fiscal year 1994 income statement not been understated 
prior to the revision on December 24, 1996: Provided further. That 
notwithstanding any other provision of law, $318,077,043 of the 
amount provided herein above shall be distributed to assure that 
States receive obligation authority that they would have received 
had the Highway Trust Fund fiscal year 1995 income statement 
not been revised on December 24, 1996: Provided further. That 
the remaining authority provided herein above shall be distributed 
to those States whose share of Federal-aid obligation limitation 
under section 310 of Public Law 104-205 is less than the amount 
such States received under section 310(a) of Public Law 104-50 
in fiscal year 1996 in a ratio equal to the amounts necessary 
I l l STAT. 194 
PUBLIC LAW 105-18—JUNE 12, 1997 
to bring each such State to the Federal-aid obhgation hmitation 
distributed under section 310(a) of Public Law 104-50. 
FEDERAL RAILROAD ADMINISTRATION 
EMERGENCY RAILROAD REHABILITATION AND REPAIR 
For necessary expenses to repair and rebuild freight rail lines 
of regional and short line railroads or a State entity damaged 
by floods, $18,900,000, to be awarded subject to the discretion 
of the Secretary on a case-by-case basis: Provided, That up to 
$900,000 shall be solely for damage incurred in West Virginia 
in September 1996 and $18,000,000 shall be solely for damage 
incurred in the Northern Plains States in March and April 1997: 
Provided further, That funds provided under this head shall be 
available for rehabilitation of railroad rights-of-way, bridges, and 
other facilities which are part of the general railroad system of 
transportation, and primarily used by railroads to move freight 
traffic: Provided further, That railroad rights-of-way, bridges, and 
other facilities owned by class I railroads are not eligible for funding 
under this head unless the rights-of-way, bridges or other facilities 
£ire under contract lease to a class II or class III railroad under 
which the lessee is responsible for all maintenance costs of the 
line: Provided further. That railroad rights-of-way, bridges and other 
facilities owned by passenger railroads, or by tourist, scenic, or 
historic railroads are not eligible for funding under this head: 
Provided further. That these funds shall be available only to the 
extent an official budget request, for a specific dollar amount, 
that includes designation of the entire amount as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further. That the entire amount 
is designated by Congress as an emergency requirement pursuant 
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further. That 
all fimds made available under this head are to remain available 
imtil September 30,1997. 
RELATED AGENCY 
NATIONAL TRANSPORTATION SAFETY BOARD 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses", for 
emergency expenses resulting from the crashes of TWA Flight 800, 
ValuJet Flight 592, and Comair Flight 3272, and for assistance 
to families of victims of aviation accidents as authorized by Public 
Law 104-264, $29,859,000, of which $4,877,000 shall remain avail-
able until expended: Provided, That these funds shall be available 
only to the extent an official budget request, for a specific dollar 
amount, that includes designation of the entire amount as an emer-
gency requirement as defined in the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further. That the entire 
amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
PUBLIC LAW 1 0 5 - 1 8 ^ J U N E 12, 1997 
111 STAT. 195 
Emergency Deficit Control Act of 1985, as amended: Provided fur-
ther, That notwithstanding any other provision of law, not more 
than $10,330,000 shall be provided by the National Transportation 
Safety Board to the Department of the Navy as reimbursement 
for costs incurred in connection with recovery of wreckage from 
TWA Flight 800 and shall be credited to the appropriation contained 
in the Omnibus Consolidated Appropriations Act, 1997, which is 
available for the same purpose as the appropriation originally 
charged for the expense for which the reimbursements are received, 
to be merged with, and to be available for the same purpose as 
the appropriation to which such reimbursements are credited: Pro-
vided further, That notwithstanding any other provision of law, 
of the amount provided to the National Transportation Safety 
Board, not more than $6,059,000 shall be made available to the 
State of New York and local counties in New York, as reimburse-
ment for costs incurred in connection with the crash of TWA Flight 
800: Provided further. That notwithstanding any other provision 
of law, of the amount provided, not more than $3,100,000 shall 
be made available to Metropolitan Dade County, Florida as 
reimbursement for costs incurred in connection with the crash 
of ValuJet Flight 592: Provided further. That notwithstanding any 
other provision of law, of the amount provided, not more than 
$300,000 shall be made available to Monroe County, Michigan 
as reimbursement for costs incurred in connection with the crash 
of Comair Fhght 3272. 
GENERAL PROVISIONS, CHAPTER 8 
SEC. 8001. Title I of the Department of Transportation and 
Related Agencies Appropriations Act, 1997 (Public Law 104-205) 
is amended under the heading "Federal Transit Administration— 
Discretionary Grants" by striking "$661,000,000" and inserting 
110 Stat. 2964. 
"$661,000". 
SEC. 8002. Section 325 of title III of the Department of 
Transportation and Related Agencies Appropriations Act, 1997 
(Public Law 104-205) is amended by deleting all text following: 
H
O Stat. 2973. 
"Provided, That such funds shall not be subject to the obligation 
limitation for Federal-aid highways and highway safety construc-
tion.". 
SEC. 8003. Section 410(j) of title 23, United States Code, is 
amended by striking the period after "1997" and inserting ", and 
an additional $500,000 for fiscal year 1997.". 
SEC. 8004. Section 30308(a) of title 49, United States Code, 
is amended by striking "and 1996" and inserting ", 1996, and 
1997". 
CHAPTER 9 
DEPARTMENT 
OF 
THE 
TREASURY 
DEPARTMENTAL OFFICES 
SALARIES AND EXPENSES 
For an additional amount under the heading "Departmental 
Offices, Salaries and Expenses", $1,950,000: Provided, That the 
Secretary of the Treasury may utilize the law enforcement services, 
personnel, equipment, and facilities of the State of Colorado, the 
I l l STAT. 196 
PUBLIC LAW 105-18-JUNE 12, 1997 
County of Denver, and the City of Denver, with their consent, 
and shall reimburse the State of Colorado, the County of Denver, 
and the City of Denver for the utilization of such law enforcement 
services, personnel (for salaries, overtime, and benefits), equipment, 
and facilities for security arrangements for the Denver Summit 
of Eight being held June 20 through June 22, 1997, in Denver, 
Colorado subject to verification of appropriate costs. 
COUNTER-TERRORISM 
AND 
DRUG 
LAW 
ENFORCEMENT 
DEPARTMENT 
OF 
THE 
TREASURY 
UNITED STATES CUSTOMS SERVICE 
SALARIES AND EXPENSES 
Of the funds made available under this heading in Public 
Law 104-208, $16,000,000 shall be available until September 30, 
1998 to develop further the Automated Targeting System. 
U.S. POSTAL SERVICE 
PAYMENT TO THE POSTAL SERVICE FUND 
For an additional amount for the Postal Service Fund for reve-
nue forgone on free and reduced rate mail, pursuant to subsection 
(d) of section 2401 of title 39, United States Code, $5,383,000. 
GENERAL PROVISIONS, CHAPTER 9 
SEC. 9001. The Administrator of General Services is authorized 
to obligate the funds appropriated in Public Law 104-208 for 
construction of the Montgomery, Alabama courthouse. 
SEC. 9002. None of the funds appropriated or made available 
in this Act or any other Act may be used by the General Services 
Administration to implement section 1555 of the Federal Acquisition 
Streamlining Act of 1994 (Public Law 103-355) prior to the date 
of adjournment of the first session of the 105th Congress. 
SEC. 9003. (a) The Bureau of Engraving and Printing and 
the Department of the Treasury shall not award a contract for 
SoHcitation No. BEP-97-13(TN) or Solicitation No. BEP-96-13(TN) 
imtil the General Accounting Office (GAO) has completed a com-
prehensive analysis of the optimum circumstances for government 
Reports. 
procurement of distinctive currency paper. The GAO shall report 
its findings to the House and Senate Committees on Appropriations 
no later than August 1, 1998. 
(b) The contractual term of the distinctive currency paper 
"bridge" contract shall not exceed 24 months, and the contract 
shall not be effective until the Secretary of the Department of 
the Treasury certifies that the price under the terms of any "bridge" 
contract is fair and reasonable and that the terms of any "bridge" 
contract are customary and appropriate according to Federal 
Reports. 
procurement regulations. In addition, the Secretary of the Treasury 
shall report to the Committees on Appropriations on the price 
and profit levels of any 'Taridge" contract at the time of certification. 
SEC. 9004. (a) Chapter 63 of title 5, United States Code, is 
amended by adding after subchapter V the following: 
PUBLIC LAW 1 0 5 - 1 8 - J U N E 12, 1997 
111 STAT. 197 
"SUBCHAPTER VI—LEAVE TRANSFER IN DISASTERS AND 
EMERGENCIES 
"§6391. Authority for leave transfer program in disasters 
and emergencies 
"(a) For the purpose of this section— 
"(1) 'employee' means an employee as defined in section 
6331(1); and 
"(2) 'agency' means an Executive agency. 
"(b) In the event of a major disaster or emergency, as declared 
by the President, that results in severe adverse effects for a substan-
tial number of employees, the President may direct the Office 
of Personnel Management to establish an emergency leave transfer 
program under which any employee in any agency may donate 
unused annual leave for transfer to employees of the same or 
other agencies who are adversely affected by such disaster or emer-
gency. 
"(c) The Office shall establish appropriate requirements for 
the operation of the emergency leave transfer program under sub-
section (b), including appropriate limitations on the donation and 
use of annual leave under the program. An employee may receive 
and use leave under the program without regard to any requirement 
that any annual leave and sick leave to a leave recipient's credit 
must be exhausted before any transferred annual leave may be 
used. 
"(d) A leave bank established under subchapter IV may, to 
the extent provided in regulations prescribed by the Office, donate 
annual leave to the emergency leave transfer program established 
under subsection (b). 
"(e) Except to the extent that the Office may prescribe by 
regulation, nothing in section 7351 shall apply to any solicitation, 
donation, or acceptance of leave under this section. 
"(f) The Office shall prescribe regulations necessary for the Regulations. 
administration of this section.". 
(b) The analysis for chapter 63 of title 5, United States Code, 
is amended by adding at the end the following: 
"SUBCHAPTER VI—LEAVE TRANSFER IN DISASTERS AND EMERGENCIES 
"6391. Authority for leave transfer program in disasters and emergencies.". 
CHAPTER 10 
DEPARTMENT OF VETERANS AFFAIRS 
VETERANS BENEFITS ADMINISTRATION 
COMPENSATION AND PENSIONS 
For an additional amount for "Compensation and pensions", 
$928,000,000, to remain available until expended. 
ADMINISTRATIVE PROVISION 
The Secretary of Veterans Affairs may carry out the construc-
tion of a multi-story parking garage at the Department of Veterans 
Affairs medical center in Cleveland, Ohio, in the amount of 
$12,300,000, and there is authorized to be appropriated for fiscal 
I l l STAT. 198 
PUBLIC LAW 105-18-JUNE 12, 1997 
year 1997 for the Parking Revolving Fund account, a total of 
$12,300,000 for this project. 
DEPARTMENT 
OF 
HOUSING 
AND 
URBAN 
DEVELOPMENT 
HOUSING PROGRAMS 
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING 
Notwithstanding any other provision of law, of the $1,000,000 
appropriated for special purpose grants in Public Law 102-139, 
for a parking garage in Ashland, Kentucky, $500,000 shall be 
made available instead for use in acquiring parking in Ashland, 
Kentucky and $500,000 shall be made available instead for the 
restoration of the Paramount Theater in Ashland, Kentucky. 
PRESERVING EXISTING HOUSING INVESTMENT 
For an additional amount for "Preserving existing housing 
investment", to be made available for use in conjunction with prop-
erties that are eligible for assistance under the Low-Income Housing 
Preservation and Resident Homeownership Act of 1990 or the Emer-
gency Low Income Housing Preservation Act of 1987, $3,500,000, 
to remain available until expended: Provided, That up to such 
amount shall be for a project in Syracuse, New York, the processing 
for which was suspended, deferred or interrupted for a period 
of nine months or more because of differing interpretations, by 
the Secretary of Housing and Urban Development and an owner, 
concerning the timing of the ability of an uninsured section 236 
property to prepay, or by the Secretary and a State rent regulatory 
agency concerning the effect of a presumptively applicable State 
rent control law or regulation on the determination of preservation 
value under section 213 of such Act, if the owner of such project 
filed a notice of intent to extend the low-income affordability restric-
tions of the housing on or before August 23, 1993, and the Secretary 
approved the plan of action on or before July 25, 1996. 
CAPACITY BUILDING FOR COMMUNITY DEVELOPMENT AND 
AFFORDABLE HOUSING 
(TRANSFER OF FUNDS) 
For "Capacity building for community development and afford-
able housing*', as authorized by section 4 of the HUD Demonstration 
Act of 1993 (PubHc Law 103-120), $30,200,000, to remain available 
until expended, and to be derived by transfer from the Homeowner-
ship and Opportunity for People Everj^where Grants account: Pro-
vided, That at least $10,000,000 of the funding under this head 
be used in rural areas, including tribal areas. 
COMMUNITY PLANNING AND DEVELOPMENT 
COMMUNITY D E V E L O P M E N T BLOCK GRANTS FUND 
For an additional amount for "Community development block 
grants fund", as authorized under title I of the Housing and Commu-
nity Development Act of 1974, $500,000,000, of which $250,000,000 
shall become available for obligation on October 1, 1997, all of 
which shall remain available until September 30, 2000, for use 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
111 STAT. 199 
only for buyouts, relocation, long-term recovery, and mitigation 
in communities affected by the flooding in the upper Midwest and 
other disasters in fiscal year 1997 and such natural disasters des-
ignated 30 days prior to the start of fiscal year 1997, except those 
activities reimbursable or for which funds are made available by 
the Federal Emergency Management Agency, the Small Business 
Administration, or the Army Corps of Engineers: Provided, That 
in administering these amounts, the Secretary may waive, or specify 
alternative requirements for, any provision of any statute or regula-
tion that the Secretary administers in connection with the obligation 
by the Secretary or the use by the recipient of these funds, except 
for statutory requirements related to civil rights, fair housing and 
nondiscrimination, the environment, and labor standards, upon a 
finding that such waiver is required to facilitate the use of such 
funds, and would not be inconsistent with the overall purpose 
of the statute: Provided further, That the Secretary of Housing Federal Register, 
and Urban Development shall publish a notice in the Federal Reg- publication. 
ister governing the use of community development block grants 
funds in conjunction with any program administered by the Director 
of the Federal Emergency Management Agency for buyouts for 
structures in disaster areas: Provided further. That for any funds 
under this head used for buyouts in conjunction with any program 
administered by the Director of the Federal Emergency Manage-
ment Agency, each State or unit of general local government 
requesting funds from the Secretary of Housing and Urban Develop-
ment for buyouts shall submit a plan to the Secretary which must 
be approved by the Secretary as consistent with the requirements 
of this program: Provided further, That the Secretary of Housing Reports. 
and Urban Development and the Director of the Federal Emergency 
Management Agency shall submit quarterly reports to the House 
and Senate Committees on Appropriations on all disbursements 
and uses of fiinds for or associated with buyouts: Provided further. 
That for purposes of disasters eligible under this head the Secretary 
of Housing and Urban Development may waive, on a case-by-case 
basis and upon such other terms as the Secretary may specify, 
in whole or in part, the requirements that activities benefit persons 
of low- and moderate-income pursuant to section 122 of the Housing 
and Community Development Act of 1974, and may waive, in whole 
or in part, the requirements that housing qualify as affordable 
housing pursuant to section 290 of the HOME Investment Partner-
ships Act: Provided further. That the entire amount shall be avail-
able only to the extent an official budget request, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined by the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further. That the entire amount 
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended. 
MANAGEMENT AND ADMINISTRATION 
SALARIES AND EXPENSES 
Of the funds appropriated under this head in Public Law 104-
204, the Secretary of Housing and Urban Development shall enter 
into a contract with the National Academy of Public Administration 
not to exceed $1,000,000 no later than one month after enactment 
Contracts 
I l l STAT. 200 
PUBLIC LAW 1 0 5 - 1 8 - J U N E 12, 1997 
of this Act for an evaluation of the Department of Housing and 
Urban Development's management systems. 
INDEPENDENT AGENCIES 
ENVIRONMENTAL PROTECTION AGENCY 
BUILDINGS AND FACILITIES 
From the amounts appropriated under this heading in prior 
appropriation Acts for the Center for Ecology Research and Training 
(CERT), the Environmental Protection Agency (EPA) shall, after 
the closing of the period for filing CERT-related claims pursuant 
to the Uniform Relocation Assistance and Real Property Acquisition 
PoHcies Act of 1970 (42 U.S.C. 4601 et seq.), obligate the maximum 
amount of funds necessary to settle all outstanding CERT-related 
claims against the EPA pursuant to such Act. To the extent that 
unobligated balances then remain from such amounts previously 
appropriated, the EPA is authorized beginning in fiscal year 1997 
to make grants to the City of Bay City, Michigan, for the purpose 
of EPA-approved environmental remediation and rehabilitation of 
publicly owned real property included in the boundaries of the 
CERT project. 
STATE AND TRIBAL ASSISTANCE GRANTS 
The fimds appropriated in Public Law 104-204 to the Environ-
mental Protection Agency under this heading for grants to States 
and federally recognized tribes for multi-media or single media 
pollution prevention, control, and abatement and related activities, 
$674,207,000, may also be used for the direct implementation by 
the Federal Government of a program required by law in the 
absence of an acceptable State or tribal program. 
FEDERAL EMERGENCY MANAGEMENT AGENCY 
DISASTER RELIEF 
For an additional amount for "Disaster rehef", $3,300,000,000, 
to remain available until expended: Provided, That $2,300,000,000 
shall become available for obligation on September 30, 1997, but 
shall not become available until the Director of the Federal Emer-
gency Management Agency submits to the Congress a legislative 
proposal to control disaster relief expenditures including the elimi-
nation of funding for certain revenue producing facilities: Provided 
further, That of the funds made available under this heading, 
up to $20,000,000 may be transferred to the Disaster Assistance 
Direct Loan Program for the cost of direct loans as authorized 
under section 417 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided further, 
That such transfer may be made to subsidize gross obligations 
for the principal amount of direct loans not to exceed $21,000,000 
under section 417 of the Stafford Act: Provided further. That any 
such transfer of funds shall be made only upon certification by 
the Director of the Federal Emergency Management Agency that 
all requirements of section 417 of the Stafford Act will be complied 
with: Provided further, That the entire amount appropriated herein 
shall be available only to the extent that an official budget request 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
111 STAT. 201 
for a specific dollar amount, that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to Congress: 
Provided further, That the entire amount appropriated herein is 
designated by Congress as an emergency requirement pursuant 
to section 251(b)(2XD)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended. 
GENERAL PROVISIONS, CHAPTER 10 
SEC. 10001. The Secretary shall submit semi-gmnually to the 
Committees on Appropriations a list of all contracts and task orders 
issued under such contracts in excess of $250,000 which were 
entered into during the prior 6-month period by the Secretary, 
the Government National Mortgage Association, and the Office 
of Federal Housing Enterprise Oversight (or by any officer of the 
Department of Housing and Urban Development, the Government 
National Mortgage Association, or the Office of Federal Housing 
Enterprise Oversight acting in his or her capacity to represent 
the Secretary or these entities). Each listing shall identify the 
parties to the contract, the term and amount of the contract, and 
the subject matter and responsibilities of the parties to the contract. 
SEC. 10002. Section 8(c)(9) of the United States Housing Act 
of 1937 is amended by striking out "Not less than one year prior 
to terminating any contract" and inserting in lieu thereof: "Not 
less than 180 days prior to terminating any contract". 
SEC. 10003. The first sentence of section 542(c)(4) of the Hous-
ing and Community Development Act of 1992 is amended by strik-
ing out "on not more than 12,000 units during fiscal year 1996" 
and inserting in lieu thereof: "on not more than 12,000 units during 
fiscal year 1996 and not more than an additional 7,500 units during 
fiscal year 1997". 
SEC. 10004. Section 4(a) and (b)(3) of the HUD Demonstration 
Act of 1993 is amended by inserting after "National Community 
Development Initiative": ", Local Initiatives Support Corporation, 
The Enterprise Foundation, Habitat for Humanity, and Youthbuild 
USA". 
SEC. 10005. Section 234(c) of the National Housing Act is 
amended by inserting after "203(b)(2)" the following: "or pursu£int 
to section 203(h) under the conditions described in section 203(h)". 
SEC. 10006. Section 211(b)(4)(B) of the Departments of Veterans 
Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1997 (Public Law 104-204) is amended 
by inserting the following at the end: "The term 'owner', as used 
in this subparagraph, in addition to it having the same meaning 
as in section 8(f) of the United States Housing Act of 1937, also 
means an affiliate of the owner. The term 'affiliate of the owner' 
means any person or entity (including, but not limited to, a general 
partner or managing member, or an officer of either) that controls 
an owner, is controlled by an owner, or is under common control 
with the owner. The term 'control' means the direct or indirect 
power (under contract, equity ownership, the right to vote or deter-
mine a vote, or otherwise) to direct the financial, legal, beneficial, 
or other interests of the owner.". 
Records. 
Contracts. 
42 use 3548. 
42 use 1437f. 
12 use 1707 
note. 
42 use 9816 
note. 
12 use 1715y. 
42 use 1437f 
note. 
-194 O - 97 - 8 : QL 3 Part 1 
I l l STAT. 202 
PUBLIC LAW 1 0 5 - 1 8 ^ J U N E 12, 1997 
CHAPTER 11 
OFFSETS AND RESCISSIONS 
DEPARTMENT OF AGRICULTURE 
OFFICE OF THE SECRETARY 
FUND FOR RURAL AMERICA 
Of the funds provided on January 1, 1997 for section 793 
of Public Law 104-127, Fund for Rural America, not more than 
$80,000,000 shall be available. 
FOOD AND CONSUMER SERVICE 
THE EMERGENCY FOOD ASSISTANCE PROGRAM 
NotwithstEinding section 27(a) of the Food Stamp Act, the 
amount specified for allocation under such section for fiscal year 
1997 shall be $80,000,000. 
FOREIGN AGRICULTURAL SERVICE AND GENERAL SALES MANAGER 
EXPORT CREDIT 
None of the funds made available in the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 1997, Public Law 104-180, may be used to 
pay the salaries and expenses of personnel to carry out a combined 
program for export credit guarantees, supplier credit guarantees, 
and emerging democracies facilities guarantees at a level which 
exceeds $3,500,000,000. 
EXPORT 
ENHANCEMENT 
PROGRAM 
None of the funds appropriated or otherwise made available 
in Public Law 104-180 shall be used to pay the salaries and 
expenses of personnel to carry out an export enhancement program 
if the aggregate amount of funds and/or commodities under such 
program exceeds $10,000,000. 
DEPARTMENT OF JUSTICE 
GENERAL ADMINISTRATION 
WORKING CAPITAL FUND 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$6,400,000 are rescinded. 
LEGAL ACTIVITIES 
ASSETS FORFEITURE FUND 
(RESCISSION) 
Of the amounts made available to the Attorney General on 
October 1, 1996, from surplus balances declared in prior years 
PUBLIC LAW 1 0 5 - 1 8 ^ J U N E 12, 1997 
111 STAT. 203 
pursuant to 28 U.S.C. 524(c), authority to obligate $3,000,000 of 
such funds in fiscal year 1997 is rescinded. 
IMMIGRATION AND NATURALIZATION 
SERVICE 
CONSTRUCTION 
(RESCISSION) 
Of the unobligated balances under this heading from amounts 
made available in Public Law 103-317, $1,000,000 are rescinded. 
DEPARTMENT OF COMMERCE 
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
INDUSTRIAL TECHNOLOGY SERVICES 
(RESCISSION) 
Of the unobligated balsmces available under this heading for 
the Advanced Technology Program, $7,000,000 are rescinded. 
RELATED AGENCIES 
FEDERAL COMMUNICATIONS 
COMMISSION 
SALARIES AND EXPENSES 
* 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$1,000,000 are rescinded. 
OUNCE OF PREVENTION 
COUNCIL 
(RESCISSION) 
Of the amounts made available under this heading in Public 
Law 104-208, $1,000,000 are rescinded. 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY SUPPLY, RESEARCH AND DEVELOPMENT 
ACTIVITIES 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-206 and prior years' Energy and Water Development 
Appropriations Acts, $11,180,000 are rescinded. 
CLEAN COAL TECHNOLOGY 
(RESCISSION) 
Of the funds made available under this heading for obligation 
in fiscal year 1997 or prior years, $17,000,000 are rescinded: Pro-
vided, That fiinds made available in previous appropriations Acts 
I l l STAT. 204 
PUBLIC LAW 105-18—JUNE 12, 1997 
shall be available for any ongoing project regardless of the separate 
request for proposal under which the project was selected. 
STRATEGIC PETROLEUM RESERVE 
(RESCISSION) 
Of the funds made available under this heading in previous 
appropriations Acts, $11,000,000 are rescinded. 
POWER MARKETING ADMINISTRATIONS 
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, 
WESTERN AREA POWER ADMINISTRATION 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-206 and prior years' Energy and Water Development 
Appropriations Acts, $11,352,000 are rescinded. 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
ADMINISTRATION FOR CHILDREN AND FAMILIES 
JOB OPPORTUNITIES AND BASIC SKILLS 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-208, there is rescinded an amount equal to the total 
of the funds within each State's limitation for fiscal year 1997 
that are not necessary to pay such State's allowable claims for 
such fiscal year. 
42 use 603. 
Section 403(k)(3)(F) of the Social Security Act (as in effect 
on October 1, 1996) is amended by adding after the "," the following: 
"reduced by an amount equal to the total of those funds that 
are within each State's limitation for fiscal year 1997 that are 
not necessary to pay such State's allowable claims for such fiscal 
year (except that such amount for such year shall be deemed 
to be $1,000,000,000 for the purpose of determining the amount 
of the pajmient under subsection (1) to which each State is enti-
tled),". 
DEPARTMENT OF TRANSPORTATION 
FEDERAL AVIATION ADMINISTRATION 
GRANTS-IN-AID FOR AIRPORTS 
(AIRPORT AND AIRWAY TRUST FUND) 
(RESCISSION OF CONTRACT AUTHORIZATION) 
Of the unobligated balances authorized under 49 U.S.C. 48103 
as amended, $750,000,000 are rescinded. 
PUBLIC LAW 1 0 5 - 1 8 ^ J U N E 12, 1997 
111 STAT. 205 
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
HIGHWAY T R A F F I C SAFETY GRANTS 
(HIGHWAY TRUST FUND) 
(RESCISSION OF CONTRACT AUTHORIZATION) 
Of the available balances of contract authority under this head-
ing, $13,000,000 are rescinded. 
FEDERAL TRANSIT ADMINISTRATION 
TRUST FUND SHARE OF EXPENSES 
(HIGHWAY TRUST FUND) 
(RESCISSION OF CONTRACT AUTHORIZATION) 
Of the available balances of contract authority under this head-
ing, $271,000,000 are rescinded. 
DISCRETIONARY GRANTS 
(HIGHWAY TRUST FUND) 
(RESCISSION OF CONTRACT AUTHORIZATION) 
Of the available balances of contract authority under this head-
ing, for fixed guideway modernization and bus activities under 
49 U.S.C. 5309(m)(A) and (C), $588,000,000 are rescinded. 
INDEPENDENT AGENCY 
GENERAL SERVICES ADMINISTRATION 
EXPENSES, P R E S I D E N T I A L TRANSITION 
(RESCISSION) 
Of the amounts made available under this heading in Public 
Law 104-208, $5,600,000 are rescinded. 
DEPARTMENT 
OF 
HOUSING 
AND 
URBAN 
DEVELOPMENT 
HOUSING PROGRAMS 
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING 
(INCLUDING RESCISSION) 
Of the amounts recaptured under this heading during fiscal 
year 1997 and prior years, $3,650,000,000 are rescinded: Provided, 
That the Secretary of Housing £ind Urban Development shall recap-
ture at least $5,800,000,000 in amounts heretofore maintained as 
section 8 reserves made available to housing agencies for tenant-
based assistance luider the section 8 existing housing certificate 
and housing voucher programs: Provided further, That all additional 
section 8 reserve funds of an amount not less than $2,150,000,000 
and any recaptures (other than funds already designated for other 
uses) specified in section 214 of Public Law 104-204 shall be pre-
served under the head "Section 8 Reserve Preservation Account" 
I l l STAT. 206 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
for use in extending section 8 contracts expiring in fiscal year 
1998 and thereafter: Provided further, That the Secretary may 
recapture 
less 
than 
$5,800,000,000 
and 
reserve 
less 
than 
$2,150,000,000 where the Secretary determines that insufficient 
section 8 funds are available for current fiscal year contract obliga-
tions: Provided further, That the Comptroller General of the United 
States shall conduct an audit of all accounts of the Department 
of Housing and Urban Development to determine whether the 
Department's systems for budgeting and accounting for section 8 
rental assistance ensure that unexpended funds do not reach 
unreasonable levels and that obligations are spent in a timely 
manner. 
INDEPENDENT AGENCY 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
NATIONAL A E R O N A U T I C S FACILITIES 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 103-327, $365,000,000 are rescinded. 
FUNDS APPROPRIATED TO THE PRESIDENT 
UNANTICIPATED NEEDS 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 103-211 to NASA for "Space flight, control, and data commu-
nications", $4,200,000 are rescinded. 
TITLE III 
GENERAL PROVISIONS—THIS ACT 
SEC. 30001. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year unless expressly so provided herein. 
BUY-AMERICAN REQUIREMENTS 
SEC. 30002. (a) COMPLIANCE WITH BUY AMERICAN ACT.—None 
of the funds made available in this Act may be expended by an 
entity unless the entity agrees that in expending the funds the 
entity will comply with the Buy American Act (41 U.S.C. 10a-
10c). 
(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.— 
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—In the case of any equipment or product that may 
be authorized to be purchased with financial assistance pro-
vided using funds made available in this Act, it is the sense 
of the Congress that entities receiving the assistance should, 
in expending the assistance, purchase only American-made 
equipment and products. 
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing 
financial assistance using funds made available in this Act, 
PUBLIC LAW 1 0 5 - 1 8 ^ J U N E 12, 1997 
111 STAT. 207 
the head of each Federal agency shall provide to each recipient 
of the assistance a notice describing the statement made in 
paragraph (1) by the Congress. 
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally 
affixed a label bearing a "Made in America" inscription, or any 
inscription with the same meaning, to any product sold in or shipped 
to the United States that is not made in the United States, the 
person shall be ineligible to receive any contract or subcontract 
made with funds made available in this Act, pursuant to the debar-
ment, suspension, and ineligibility procedures described in sections 
9.400 through 9.409 of title 48, Code of Federal Regulations. 
SEC. 30003. The Office of Management and Budget is directed 
to work with Federal agencies, as appropriate, to support the exten-
sion and revision of Federal grants, contracts, and cooperative 
agreements at universities affected by flooding in designated Fed-
eral disaster areas where work on such grants, contracts, and 
cooperative agreements was suspended as a result of the flood 
disaster. 
TITLE IV—COST OF HIGHER EDUCATION REVIEW 
Cost of Higher 
Education 
SEC. 40001. SHORT TITLE; FINDINGS. 
^^n^ 
^^ °^ 
' 
1997. 
(a) SHORT TITLE.—This title may be cited as the "Cost of 
Higher Education Review Act of 1997". 
(b) FINDINGS.—The Congress finds the following: 
(1) According to a report issued by the General Accounting 
Office, tuition at 4-year public colleges and universities 
increased 234 percent from school year 1980-1981 through 
school year 1994-1995, while median household income rose 
82 percent and the cost of consumer goods as measured by 
the Consumer Price Index rose 74 percent over the same time 
period. 
(2) A 1995 survey of college freshmen found that concern 
about college affordability was the highest it has been in the 
last 30 years. 
(3) Pajdng for a college education now ranks as one of 
the most costly investments for American families. 
SEC. 40002. ESTABLISHMENT OF NATIONAL COMMISSION ON THE COST 
OF HIGHER EDUCATION. 
There is established a Commission to be known as the "National 
Commission on the Cost of Higher Education" (hereafter in this 
title referred to as the "Commission"). 
SEC. 40003. MEMBERSHIP OF COMMISSION. 
(a) APPOINTMENT.—The Commission shall be composed of 11 
members as follows: 
(1) Three individuals shall be appointed by the Speaker 
of the House. 
(2) Two individuals shall be appointed by the Minority 
Leader of the House. 
(3) Three individuals shall be appointed by the Majority 
Leader of the Senate. 
(4) Two individuals shall be appointed by the Minority 
Leader of the Senate. 
I l l STAT. 208 
PUBLIC LAW 1 0 5 - 1 8 ^ J U N E 12, 1997 
(5) One individual shall be appointed by the Secretary 
of Education. 
(b) ADDITIONAL 
QUALIFICATIONS.—Each of the 
individuals 
appointed under subsection (a) shall be an individual with expertise 
and experience in higher education finance (including the financing 
of State institutions of higher education), Federal financial aid 
programs, education economics research, public or private higher 
education administration, or business executives who have managed 
successful cost reduction programs. 
(c) CHAIRPERSON AND VICE CHAIRPERSON.—The members of 
the Commission shall elect a Chairperson and a Vice Chairperson. 
In the absence of the Chairperson, the Vice Chairperson will assume 
the duties of the Chairperson. 
(d) QUORUM.—A majority of the members of the Commission 
shall constitute a quorum for the transaction of business. 
(e) APPOINTMENTS.—All appointments under subsection (a) 
shall be made within 30 days after the date of enactment of this 
Act. In the event that an officer authorized to make an appointment 
under subsection (a) has not made such appointment within such 
30 days, the appointment may be made for such officer as follows: 
(1) the Chairman of the Committee on Education and the 
Workforce may act under such subsection for the Speaker of 
the House of Representatives; 
(2) the Ranking Minority Member of the Committee on 
Education and the Workforce may act under such subsection 
for the Minority Leader of the House of Representatives; 
(3) the Chairman of the Committee on Labor and Human 
Resources may act under such subsection for the Majority 
Leader of the Senate; and 
(4) the Ranking Minority Member of the Committee on 
Labor and Human Resources may act under such subsection 
for the Minority Leader of the Senate. 
(f) VOTING.^—Each member of the Commission shall be entitled 
to one vote, which shall be equal to the vote of every other member 
of the Commission. 
(g) VACANCIES.—^Any vacancy on the Commission shall not 
affect its powers, but shall be filled in the manner in which the 
original appointment was made. 
(h) PROHIBITION OF ADDITIONAL PAY.—Members of the Commis-
sion shall receive no additional pay, allowances, or benefits by 
reason of their service on the Commission. Members appointed 
from among private citizens of the United States may be allowed 
travel expenses, including per diem, in lieu of subsistence, as 
authorized by law for persons serving intermittently in the govern-
ment service to the extent funds are available for such expenses. 
(i) INITIAL MEETING.—The initial meeting of the Commission 
shall occur within 40 days after the date of enactment of this 
Act. 
SEC. 40004. FUNCTIONS OF COMMISSION. 
(a) SPECIFIC FINDINGS AND RECOMMENDATIONS.—The Commis-
sion shall study and make findings and specific recommendations 
regarding the following: 
(1) The increase in tuition compared with other commod-
ities and services. 
(2) Innovative methods of reducing or stabilizing tuition. 
PUBLIC LAW 1 0 5 - 1 8 - ^ U N E 12, 1997 
111 STAT. 209 
(3) Trends in college and university administrative costs, 
including administrative staffing, ratio of administrative staff 
to instructors, ratio of administrative staff to students, remu-
neration of administrative staff, and remuneration of college 
and university presidents or chancellors. 
(4) Trends in (A) faculty workload and remuneration 
(including the use of adjunct faculty), (B) faculty-to-student 
ratios, (C) number of hours spent in the classroom by faculty, 
and (D) tenure practices, and the impact of such trends on 
tuition. 
(5) Trends in (A) the construction and renovation of aca-
demic and other collegiate facilities, and (B) the modernization 
of facilities to access gmd utilize new technologies, and the 
impact of such trends on tuition. 
(6) The extent to which increases in institutional financial 
aid and tuition discounting have affected tuition increases, 
including the demographics of students receiving such aid, the 
extent to which such aid is provided to students with limited 
need in order to attract such students to particular institutions 
or major fields of study, and the extent to which Federal finan-
cial aid, including loan aid, has been used to offset such 
increases. 
(7) The extent to which Federal, State, and local laws, 
regulations, or other mandates contribute to increasing tuition, 
and recommendations on reducing those mandates. 
(8) The establishment of a mechanism for a more timely 
and widespread distribution of data on tuition trends and other 
costs of operating colleges and universities. 
(9) The extent to which student financial aid programs 
have contributed to changes in tuition. 
(10) Trends in State fiscal policies that have affected college 
costs. 
(11) The adequacy of existing Federal and State financial 
aid programs in meeting the costs of attending colleges and 
universities. 
(12) Other related topics determined to be appropriate by 
the Commission. 
(b) FINAL REPORT.— 
(1) IN GENERAL.—Subject to paragraph (2), the Commission 
shall submit to the President and to the Congress, not later 
than 120 days after the date of the first meeting of the Commis-
sion, a report which shall contain a detailed statement of the 
findings and conclusions of the Commission, including the 
Commission's recommendations for administrative and legisla-
tive action that the Commission considers advisable. 
(2) MAJORITY VOTE REQUIRED FOR RECOMMENDATIONS.— 
Any recommendation described in paragraph (1) shall be made 
by the Commission to the President and to the Congress only 
if such recommendation is adopted by a majority vote of the 
members of the Commission who are present and voting. 
(3) EVALUATION OF DIFFERENT CIRCUMSTANCES.—In making 
any findings under subsection (a) of this section, the Commis-
sion shall take into account differences between public and 
private colleges and universities, the length of the academic 
program, the size of the institution's student population, and 
the availability of the institution's resources, including the size 
of the institution's endowment. 
I l l STAT. 210 
PUBLIC LAW 1 0 5 - 1 8 - J U N E 12, 1997 
SEC. 40005. POWERS OF COMMISSION. 
(a) HEARINGS.—The Commission may, for the purpose of carry-
ing out this title, hold such hearings and sit and act at such 
times and places, as the Commission may find advisable. 
(b) RULES AND REGULATIONS.—The Commission may adopt such 
rules and regulations as may be necessary to establish the Commis-
sion's procedures and to govern the manner of the Commission's 
operations, organization, and personnel. 
(c) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) INFORMATION.—The Commission may request from the 
head of any Federal agency or instrumentality such information 
as the Commission may require for the purpose of this title. 
Each such agency or instrumentality shall, to the extent per-
mitted by law and subject to the exceptions set forth in section 
552 of title 5, United States Code (commonly referred to as 
the Freedom of Information Act), furnish such information to 
the Commission, upon request made by the Chairperson of 
the Commission. 
(2) FACILITIES AND SERVICES, PERSONNEL DETAIL AUTHOR-
IZED.—Upon request of the Chairperson of the Commission, 
the head of any Federal agency or instrumentality shall, to 
the extent possible and subject to the discretion of such head— 
(A) make any of the facilities and services of such 
agency or instrumentality available to the Commission; 
and 
(B) detail any of the personnel of such agency or 
instrumentality to the Commission, on a nonreimbursable 
basis, to assist the Commission in carr3dng out the Commis-
sion's duties under this title. 
(d) MAILS.—The Commission may use the United States mails 
in the same manner and under the same conditions as other Federal 
agencies. 
(e) CONTRACTING.—The Commission, to such extent and in such 
amounts as are provided in appropriation Acts, may enter into 
contracts with State agencies, private firms, institutions, and 
individuals for the purpose of conducting research or surveys nec-
essary to enable the Commission to discharge the Commission's 
duties under this title. 
(f) STAFF.—Subject to such rules and regulations as may be 
adopted by the Commission, and to such extent and in such £imounts 
as are provided in appropriation Acts, the Chairperson of the 
Commission shall have the power to appoint, terminate, and fix 
the compensation (without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive service, 
and without regard to the provisions of chapter 51 and subchapter 
III of chapter 53 of such title, or of any other provision, or of 
any other provision of law, relating to the number, classification, 
and General Schedule rates) of an Executive Director, and of such 
additional staff as the Chairperson deems advisable to assist the 
Commission, at rates not to exceed a rate equal to the maximum 
rate for level IV of the Executive Schedule under section 5332 
of such title. 
SEC. 40006. FUNDING OF COMMISSION. 
There is authorized to be appropriated for fiscal year 1997 
for carrying out this title, $650,000, to remain available until 
PUBLIC LAW 105-18-^UNE 12, 1997 
111 STAT. 211 
expended, or until one year after the termination of the Commission 
pursuant to section 40007, whichever occurs first. 
SEC. 40007. TERMINATION OF COMMISSION. 
The Commission shall cease to exist on the date that is 60 
days after the date on which the Commission is required to submit 
its final report in accordance with section 40004(b). 
TITLE V—DEPOSITORY INSTITUTION DISASTER RELIEF 
SEC. 50001. SHORT TITLE. 
This title may be cited as the "Depository Institutions Disaster 
ReliefActofl997". 
SEC. 50002. TRUTH IN LENDING ACT; EXPEDITED FUNDS AVAILABILITY 
ACT. 
(a) TRUTH IN LENDING ACT.—During the 240-day period begin-
ning on the date of enactment of this Act, the Board of Governors 
of the Federal Reserve System may make exceptions to the Truth 
in Lending Act for transactions within an area in which the Presi-
dent, pursuant to section 401 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act, has determined, on or after 
February 28, 1997, that a major disaster exists, or within an area 
determined to be eligible for disaster relief under other Federal 
law by reason of dsmiage related to the 1997 flooding of the Red 
River of the North, the Minnesota River, and the tributaries of 
such rivers, if the Board determines that the exception can reason-
ably be expected to alleviate hardships to the public resulting 
from such disaster that outweigh possible adverse effects. 
(b) EXPEDITED FUNDS AVAILABILITY ACT.—During the 240-day 
period beginning on the date of enactment of this Act, the Board 
of Governors of the Federal Reserve System may make exceptions 
to the Expedited Funds Availability Act for depository institution 
offices located within any area referred to in subsection (a) of 
this section if the Board determines that the exception can reason-
ably be expected to alleviate hardships to the public resulting 
from such disaster that outweigh possible adverse effects. 
(c) TIME LIMIT ON EXCEPTIONS.—Any exception made under 
this section shall expire not later than September 1,1998. 
(d) PUBLICATION REQUIRED.—The Board of Governors of the 
Federal Reserve System shall publish in the Federal Register a 
statement that— 
(1) describes any exception made under this section; and 
(2) explains how the exception can reasonably be expected 
to produce benefits to the public that outweigh possible adverse 
effects. 
SEC. 50003. t>EPOSIT OF INSURANCE PROCEEDS. 
(a) IN GENERAL.—The appropriate Federal banking agency may, 
by order, permit an insured depository institution to subtract from 
the institution's total assets, in calculating compliance with the 
leverage limit prescribed under section 38 of the Federal Deposit 
Insurance Act, an amount not exceeding the qualifying amount 
attributable to insurance proceeds, if the agency determines that— 
(1) the institution— 
(A) had its principal place of business Avithin an area 
in which the President, pursuant to section 401 of the 
Depository 
Institutions 
Disaster Relief 
Act of 1997. 
12 use 1811 
note. 
12 use 4008 
note. 
Federal Register, 
publication. 
12 use 18310 
note. 
I l l STAT. 212 
PUBLIC LAW 1 0 5 - 1 8 ^ J U N E 12, 1997 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act, has determined, on or after February 28, 1997, 
that a major disaster exists, or within an area determined 
to be ehgible for disaster relief under other Federal law 
by reason of damage related to the 1997 flooding of the 
Red River of the North, the Minnesota River, and the 
tributaries of such rivers, on the day before the date of 
any such determination; 
(B) derives more than 60 percent of its total deposits 
from persons who normally reside within, or whose prin-
cipal place of business is normally within, areas of intense 
devastation caused by the major disaster; 
(C) was adequately capitalized (as defined in section 
38 of the Federal Deposit Insurance Act) before the major 
disaster; and 
(D) has an acceptable plan for managing the increase 
in its total assets and total deposits; and 
(2) the subtraction is consistent with the purpose of section 
38 of the Federal Deposit Insurance Act. 
(b) TIME LIMIT ON EXCEPTIONS.—^Any exception made under 
this section shall expire not later than February 28, 1999. 
(c) DEFINITIONS.—For purposes of this section: 
(1) APPROPRIATE FEDERAL BANKING AGENCY.—The term 
"appropriate Federal banking agency" has the same meaning 
as in section 3 of the Federal Deposit Insurance Act. 
(2) INSURED DEPOSITORY INSTITUTION.—The term "insured 
depository institution" has the same meaning as in section 
3 of the Federal Deposit Insurance Act. 
(3) LEVERAGE LIMIT.—The term "leverage limit" has the 
same meaning as in section 38 of the Federal Deposit Insurance 
Act. 
(4) QUALIFYING AMOUNT ATTRIBUTABLE TO INSURANCE PRO-
CEEDS.—The term "qualifying amount attributable to insurance 
proceeds" means the amount (if any) by which the institution's 
total assets exceed the institution's average total assets during 
the calendar quarter ending before the date of any determina-
tion referred to in subsection (a)(1)(A), because of the deposit 
of insurance payments or governmental assistance made with 
respect to damage caused by, or other costs resulting from, 
the major disaster. 
12 use 1828 
SEC. 50004. BANKING AGENCY PUBLICATION REQUIREMENTS. 
(a) IN GENERAL.—^A qualifying regulatory agency may take 
any of the following actions with respect to depository institutions 
or other regulated entities whose principal place of business is 
within, or with respect to transactions or activities within, an 
area in which the President, pursuant to section 401 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act, has 
determined, on or after February 28, 1997, that a major disaster 
exists, or within an area determined to be eligible for disaster 
relief under other Federal law by reason of damage related to 
the 1997 flooding of the Red River of the North, the Minnesota 
River, and the tributaries of such rivers, if the agency determines 
that the action would facilitate recovery from the major disaster: 
(1) PROCEDURE.—Exercising the agency's authority under 
provisions of law other than this section without compl3dng 
with— 
PUBLIC LAW 1 0 5 - 1 8 ^ J U N E 12, 1997 
111 STAT. 213 
(A) any requirement of section 553 of title 5, United 
States Code; or 
(B) any provision of law that requires notice or oppor-
tunity for hearing or sets meiximum or minimum time 
limits with respect to agency action. 
(2) PUBLICATION REQUIREMENTS.—Making exceptions, with 
respect to institutions or other entities for which the agency 
is the primary Federal regulator, to— 
(A) any publication requirement with respect to 
establishing branches or other deposit-taking facilities; or 
(B) any similar publication requirement. 
(b) PUBLICATION REQUIRED.—A qualifying regulatory agency Federal Register, 
shall publish in the Federal Register a statement that— 
publication. 
(1) describes any action taken under this section; and 
(2) expleiins the need for the action. 
(c) QUALIFYING REGULATORY AGENCY DEFINED.—For purposes 
of this section, the term "qualifying regulatory agency" means— 
(1) the Board of Governors of the Federal Reserve System; 
(2) the Comptroller of the Currency; 
(3) the Director of the Office of Thrift Supervision; 
(4) the Federal Deposit Insurance Corporation; 
(5) the Financial Institutions Examination Council; 
(6) the National Credit Union Administration; and 
(7) with respect to chapter 53 of title 31, United States 
Code, the Secretary of the Treasury, 
(d) EXPIRATION.—^Any exception made under this section shall 
expire not later than February 28, 1998. 
SEC. 50006. SENSE OF THE CONGRESS. 
(a) FINANCIAL SERVICES.—It is the sense of the Congress that 
the Board of Governors of the Federal Reserve System, the 
Comptroller of the Currency, the Director of the Office of Thrift 
Supervision, the Federal Deposit Insurance Corporation, and the 
National Credit Union Administration should encourage depository 
institutions to meet the financial services needs of their commu-
nities and customers located in areas affected by the 1997 flooding 
of the Red River of the North, the Minnesota River, and the tribu-
taries of such rivers. 
(b) APPRAISAL STANDARDS.—It is the sense of the Congress 
that each Federal financial institutions regulatory agency should, 
by regulation or order, make exceptions to the appraisal standards 
prescribed by title XI of the Financial Institutions Reform, Recovery, 
and Enforcement Act of 1989 (12 U.S.C. 3331 et seq.) for trans-
actions involving institutions for which the agency is the primary 
Federal regulator with respect to real property located within a 
disaster area pursuant to section 1123 of the Financial Institutions 
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3352), 
if the agency determines that the exceptions can reasonably be 
expected to alleviate hardships to the public resulting from such 
disaster that outweigh possible adverse effects. 
SEC. 50006. OTHER AUTHORITY NOT AFFECTED. 
12USC1811 
No provision of this title shall be construed as limiting the 
authority of any department or agency under any other provision 
of law. 
I l l STAT. 214 
PUBLIC LAW 105-18-JUNE 12, 1997 
TITLE VI—TECHNICAL AMENDMENTS WITH RESPECT TO 
EDUCATION 
SEC. 60001. TECHNICAL AMENDMENTS RELATING TO DISCLOSURES 
REQUIRED WITH RESPECT TO GRADUATION RATES. 
(a) AMENDMENTS.—Section 485 of the Higher Education Act 
of 1965 (20 U.S.C. 1092) is amended— 
(1) in subsection (a)(3)(B), by striking "June 30" and insert-
ing "August 31"; and 
(2) in subsection (e)(9), by striking "August 30" and insert-
ing "August 31". 
20 use 1092 
(b) EFFECTIVE DATES.— 
note. 
(1) IN GENERAL.—Except as provided in paragraph (2), 
the amendments made by subsection (a) are effective upon 
enactment. 
(2) INFORMATION DISSEMINATION.—No institution shall be 
required to comply with the amendment made by subsection 
(a)(1) before July 1, 1998. 
SEC. 60002. DATE EXTENSION. 
Section 1501(a)(4) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6491(a)(4)) is amended by striking "January 
1, 1998" and inserting "January 1, 1999". 
Kansas. 
SEC. 60003. TIMELY FILING OF NOTICE. 
NGW T^sxico 
Notwithstanding any other provision of law, the Secretary of 
Education shall deem Kansas and New Mexico to have timely 
submitted under section 8009(c)(1) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7709(c)(1)) the States' written 
notices of intent to consider payments described in section 8009(b)(1) 
of the Act (20 U.S.C. 7709(b)(1)) in providing State aid to local 
educational agencies for school year 1997-1998, except that the 
Secretary may require the States to submit such additional informa-
tion as the Secretary may require, which information shall be 
considered part of the notices. 
SEC. 60004. HOLD HARMLESS PAYMENTS. 
Section 8002(h)(1) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7702(h)(1)) is amended— 
(1) in subparagraph (A), by striking "or" after 
the 
semicolon; 
(2) in subparagraph (B), by striking the period and 
inserting "; and"; and 
(3) by adding at the end the following: 
"(C) for fiscal year 1997 and each succeeding fiscal 
year through fiscal year 2000 shall not be less than 85 
percent of the amount such agency received for fiscal year 
1996 under subsection (b).". 
SEC. 60005. DATA. 
(a) IN GENERAL.—Section 8003(f)(4) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7703(f)(4)) is amended— 
(1) in subparagraph (A)— 
(A) by inserting "expenditure," after "revenue,"; and 
(B) by striking the semicolon and inserting a period; 
(2) by striking "the Secretary" and all that follows through 
"shall use" and inserting "the Secretary shall use"; and 
(3) by striking subparagraph (B). 
PUBLIC LAW 105-18-JUNE 12, 1997 
111 STAT. 215 
(b) EFFECTIVE DATE.—The amendments made by subsection 
20 use 7703 
(a) shall apply with respect to fiscal years after fiscal year 1997. note. 
SEC. 60006. PAYMENTS RELATING TO FEDERAL PROPERTY. 
Section 8002(i) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7702(i)) is amended to read as follows: 
"(i) PRIORITY PAYMENTS.— 
"(1) IN GENERAL.—Notwithstanding subsection (b)(1)(B), 
and for any fiscal year beginning with fiscal year 1997 for 
which the amount appropriated to carry out this section exceeds 
the amount so appropriated for fiscal year 1996— 
"(A) the Secretary shall first use the excess amount 
(not to exceed the amount equal to the difierence of (i) 
the amount appropriated to carry out this section for fiscal 
year 1997, and (ii) the amount appropriated to carry out 
this section for fiscal year 1996) to increase the pajonent 
that would otherwise be made under this section to not 
more than 50 percent of the maximum amount determined 
under subsection (b) for any local educational agency 
described in paragraph (2); and 
"(B) the Secretary shall use the remainder of the excess 
amount to increase the pa3mients to each eligible local 
educational agency under this section. 
"(2) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local edu-
cational agency described in this paragraph is a local edu-
cational agency that— 
"(A) received a payment under this section for fiscal 
year 1996; 
"(B) serves a school district that contains all or a 
portion of a United States military academy; 
"(C) serves a school district in which the local tax 
assessor has certified that at least 60 percent of the real 
property is federally owned; and 
"(D) demonstrates to the satisfaction of the Secretary 
that such agency's per-pupil revenue derived fi'om local 
sources for current expenditures is not less than that reve-
nue for the preceding fiscal year.", 
SEC. 60007. TIMELY FILING UNDER SECTION 8003. 
The Secretary of Education shall treat as timely filed, and 
shall process for payment, an amendment to an application for 
a fiscal year 1997 payment from a local educational agency under 
section 8003 of the Elementary and Secondary Education Act of 
1965 if— 
(1) that agency is described in subsection (a)(3) of that 
section, as amended by section 376 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201); 
(2) that agency was not described in that subsection prior 
to that amendment; and 
(3) the Secretary received the amendment to the agenc^s 
application prior to the enactment of this Act. 
I l l STAT. 216 
PUBLIC LAW 1 0 5 - 1 8 ^ J U N E 12, 1997 
TITLE VII—FOOD STAMP PROGRAM 
STATE OPTION TO ISSUE FOOD STAMP BENEFITS TO CERTAIN 
INDIVIDUALS MADE INELIGIBLE BY WELFARE REFORM 
(a) IN GENERAL.—Section 7 of the Food Stamp Act of 1977 
(7 U.S.C. 2016) is amended— 
(1) in subsection (a), by inserting after "necessary, and" 
the following: "(except as provided in subsection (j))"; aind 
(2) by adding at the end the following: 
"(j) STATE OPTION TO ISSUE BENEFITS TO CERTAIN INDIVIDUALS 
MADE INELIGIBLE BY WELFARE REFORM.— 
"(1) IN GENERAL.—Notwithstanding any other provision of 
law, a State agency may, with the approval of the Secretary, 
issue benefits under this Act to an individual who is ineligible 
to participate in the food stamp program solely as a result 
of section 6(o)(2) of this Act or section 402 or 403 of the 
Personal Responsibility and Work Opportunity Reconciliation 
Act of 1996 (8 U.S.C. 1612 or 1613). 
"(2) STATE PAYMENTS TO SECRETARY.— 
"(A) IN GENERAL.—Not later than the date the State 
agency issues benefits to individuals under this subsection, 
the State agency shall pay the Secretary, in accordance 
with procedures established by the Secretary, an amount 
that is equal to— 
"(i) the value of the benefits; and 
"(ii) the costs of printing, shipping, and redeeming 
coupons, and other Federal costs, incurred in providing 
the benefits, as determined by the Secretary. 
"(B) CREDITING.—Notwithstanding section 3302(b) of 
title 31, United States Code, payments received under 
subparagraph (A) shall be credited to the food stamp pro-
gram appropriation account or the account from which 
the costs were drawn, as appropriate, for the fiscal year 
in which the payment is received. 
"(3) REPORTING.—To be eligible to issue benefits under 
this subsection, a State agency shall comply with reporting 
requirements established by the Secretary to carry out this 
subsection. 
"(4) PLAN.—To be eligible to issue benefits under this sub-
section, a State agency shall— 
"(A) submit a plan to the Secretary that describes 
the conditions and procedures under which the benefits 
will be issued, including eligibility standards, benefit levels, 
and the methodology the State agency will use to determine 
amounts due the Secretary under paragraph (2); and 
"(B) obtain the approval of the Secretary for the plan. 
"(5) VIOLATIONS.—^A sanction, disqualification, fine, or other 
penalty prescribed under Federal law (including sections 12 
and 15) shall apply to a violation committed in connection 
with a coupon issued under this subsection. 
"(6) INELIGIBILITY FOR ADMINISTRATIVE REIMBURSEMENT.— 
Administrative and other costs incurred in issuing a benefit 
under this subsection shall not be eligible for Federal funding 
under this Act. 
PUBLIC LAW 1 0 5 - 1 8 - J U N E 12, 1997 
111 STAT. 217 
"(7) EXCLUSION FROM ENHANCED PAYMENT ACCURACY SYS-
TEMS.—Section 16(c) shall not apply to benefits issued under 
this subsection.". 
(b) CONFORMING AMENDMENTS.—Section 17(b)(l)(B)(iv) of the 
Food Stamp Act of 1977 (7 U.S.C. 2026(b)(l)(B)(iv)) is amended— 
(1) in subclause (V), by striking "or" at the end; 
(2) in subclause (VI), by striking the period at the end 
and inserting "; or"; and 
(3) by adding at the end the following: 
"(VII) waives a provision of section 7(j).". 
TITLE VIII—2000 DECENNIAL CENSUS 
The Department of Commerce is directed within thirty days 
of enactment of this Act to provide to the Congress a comprehensive 
and detailed plan outlining its proposed methodologies for conduct-
ing the 2000 decennial Census and available methods to conduct 
an actual enumeration of the population. This plan description 
shall specifically include: 
(1) a list of all statistical methodologies that may be used 
in conducting the Census; 
(2) an explanation of these statistical methodologies; 
(3) a list of statistical errors which may occur as a result 
of the use of each statistical methodology; 
(4) the estimated error rate down to the census tract level; 
(5) a cost estimation showing cost allocations for each cen-
sus activity plan; and 
(6) an analysis of all available options for counting hard-
to-enumerate individuals, without utilizing sampling or any 
other statistical methodology, including efforts like the Milwau-
kee Complete Count project. The Department of Commerce 
is also directed within thirty days of enactment of this Act 
to provide to the Congress an estimate and explanation of 
the error rate at the census block level based upon the 1995 
test data. 
This Act may be cited as the "1997 Emergency Supplemental 
Appropriations Act for Recovery from Natural Disasters, and for 
Overseas Peacekeeping Efforts, Including Those in Bosnia". 
Approved June 12, 1997. 
LEGISLATIVE HISTORY—H.R. 1871: 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
June 12, considered and passed House and Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997): 
June 12, Presidential statement.