Omnibus Consolidated Appropriations Act, 1997
PL 104-208 (H.R.3610), enacted 09/30/1996

PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009 
*Public Law 104-208 
104th Congress 
An Act 
Making omnibus consolidated appropriations 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, 
DIVISION A 
That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the several depart-
ments, agencies, corporations and other organizational units of the 
Government for the fiscal year 1997, and for other purposes, namely: 
TITLE I—OMNIBUS APPROPRIATIONS 
Sec. 101. (a) For programs, projects or activities in the Depart-
ments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1997, provided as follows, to be effec-
tive as if it had been enacted into law as the regular appropriations 
Act: 
AN ACT 
Making appropriations for the Departments of Commerce, Justice, and State, the 
Judiciary, and related agencies for the fiscal year ending September 30, 1997, and 
for other purposes. 
TITLE I—DEPARTMENT OF JUSTICE 
GENERAL ADMINISTRATION 
SALARIES AND EXPENSES 
For expenses necessary for the administration of the Depart-
ment of Justice, $75,773,000 of which not to exceed $3,317,000 
is for the Facilities Program 2000, to remain available until 
expended: Provided, That not to exceed 43 permanent positions 
and 44 full-time equivalent workyears and $7,477,000 shall be 
expended for the Department Leadership Program exclusive of aug-
mentation that occurred in these offices in fiscal year 1996: Provided 
further, That not to exceed 41 permanent positions and 48 full-
time equivalent workyears and $4,660,000 shall be expended for 
the Offices of Legislative Affairs and Public Affairs: 
Sept. 30, 1996 
[H.R. 3610] 
Omnibus 
Consolidated 
Appropriations 
Act, 1997. 
Departments of 
Commerce, 
Justice, and 
State, the 
Judiciary, and 
Related Agencies 
Appropriations 
Act, 1997. 
Department of 
Justice 
Appropriations 
Act, 1997. 
*Note: This is a typeset print of the original hand enrollment as signed by the President on 
September 30, 1996. The text is printed without corrections. Missing text in the original is 
indicated by a footnote. 
110 STAT. 3009-1 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Provided further. That the latter two aforementioned offices shall 
not be augmented by personnel details, temporary transfers of 
personnel on either a reimbursable or non-reimbursable basis or 
any other type of formal or informal transfer or reimbursement 
of personnel or funds on either a temporary or long-term basis. 
For an additional amount, for enhancements for the Office 
of Intelligence Policy and Review and security measures, $3,600,000; 
of which $2,170,000 is for security enhancements: 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. 
COUNTERTERRORISM FUND 
For necessary expenses, as determined by the Attorney General, 
$9,450,000, to remain available until expended, to reimburse any 
Department of Justice organization for (1) the costs incurred in 
reestablishing the operational capability of an office or facility which 
has been damaged or destroyed as a result of the bombing of 
the Alfred P. Murrah Federal Building in Oklahoma City or any 
domestic or international terrorist incident, (2) the costs of providing 
support to counter, investigate or prosecute domestic or inter-
national terrorism, including pa3anent of rewards in connection 
with these activities, and (3) the costs of conducting a terrorism 
threat assessment of Federal agencies and their facilities: Provided, 
That funds provided under this heading shall be available only 
after the Attorney General notifies the Committees on Appropria-
tions of the House of Representatives and the Senate in accordance 
with section 605 of this Act. 
For an additional amount for necessEiry expenses, as determined 
by the Attorney Greneral, $20,000,000, to remain available until 
expended, to reimburse any Department of Justice organization 
for (1) the costs incurred in reestablishing the operational capability 
of an office or facility which has been damaged or destroyed as 
a result of any domestic or international terrorist incident, or (2) 
the costs of providing support to counter, investigate or prosecute 
domestic or international terrorism, including payment of rewards 
in connection with these activities: 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. 
ADMINISTRATIVE REVIEW AND APPEALS 
For expenses necessary for the administration of pardon and 
clemency petitions and immigration related activities, $62,000,000. 
For an additional amount for security measures for the Execu-
tive Office of Immigration Review, $1,000,000: Provided, That the 
entire amount is designated by Congress as an emergency require-
ment pursuant to section 251(b)(2XD)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended. 
VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE REVIEW AND 
APPEALS 
For activities authorized by section 130005 of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322), 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-2 
as amended, $48,000,000, to remain available until expended, which 
shall be derived from the Violent Crime Reduction Trust Fund. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
as amended, $31,960,000; including not to exceed $10,000 to meet 
unforeseen emergencies of a confidential character, to be expended 
under the direction of, and to be accounted for solely under the 
certificate of, the Attorney General; and for the acquisition, lease, 
maintenance, and operation of motor vehicles, without regard to 
the general purchase price limitation for the current fiscal year. 
UNITED STATES PAROLE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the United States Parole Commission 
as authorized by law, $4,845,000. 
LEGAL ACTIVITIES 
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES 
For expenses, necessary for the legal activities of the Depart-
ment of Justice, not otherwise provided for, including not to exceed 
$20,000 for expenses of collecting evidence, to be expended under 
the direction of, and to be accounted for solely under the certificate 
of, the Attorney General; and rent of private or Government-owned 
space in the District of Columbia; 420,793,000; of which not to 
exceed $10,000,000 for litigation support contracts shall remain 
available until expended: Provided, That of the funds available 
in this appropriation, not to exceed $17,525,000 shall remain avail-
able until expended for office automation systems for the legal 
divisions covered by this appropriation, and for the United States 
Attorneys, the Antitrust Division, and offices funded through "Sala-
ries and Expenses", General Administration: Provided further, That 
of the total amount appropriated, not to exceed $1,000 shall be 
available 
to 
the 
United 
States 
National 
Central 
Bureau, 
INTERPOL, for official reception and representation expenses: Pro-
vided further, That notwithstanding 31 U.S.C. 1342, the Attorney 
CJeneral may accept on behalf of the United States, and credit 
to this appropriation, gifts of money, personal property and services, 
for the purposes of hosting the International Criminal Police 
Organization's (INTERPOL) American Regional Conference in the 
United States during fiscal year 1997: Provided further. That not 
to exceed 8 permanent positions and 10 full-time equivalent 
workyears and $987,000 shall be expended for the Office of Legisla-
tive Affairs and Public Affairs: Provided further. That the latter 
two aforementioned ofiRces shall not be augmented by personnel 
details, temporary transfers of personnel on either a reimbursable 
or nonreimbursable basis or any other type of formal or informal 
transfer or reimbursement of personnel or funds on either a tem-
porary or long-term basis. 
In addition, for reimbursement of expenses of the Department 
of Justice associated with processing cases under the National 
Childhood Vaccine Injury Act of 1986 as amended, not to exceed 
110 STAT. 3009-3 
PUBLIC LAW 104-208—SEPT. 30, 1996 
$4,028,000, to be appropriated from the Vaccine Injury Compensa-
tion Trust Fund. 
For an additional amount for expenses of the Criminal Division 
relating to terrorism, $1,719,000: 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. 
VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL ACTIVITIES 
For the expeditious deportation of denied asylum applicants, 
as authorized by section 130005 of the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103-322), as amended, 
$7,750,000, to remain available until expended, which shall be 
derived from the Violent Crime Reduction Trust Fund. 
SALARIES AND EXPENSES, ANTITRUST DIVISION 
For expenses necessary for the enforcement of antitrust and 
kindred laws, $76,447,000: Provided, That notwithstanding any 
other provision of law, not to exceed $58,905,000 of offsetting collec-
tions derived from fees collected for premerger notification filings 
under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 
(15 U.S.C. 18(a)) shall be retained and used for necessary expenses 
in this appropriation, and shall remain available until expended: 
Provided further. That the sum herein appropriated from the Gen-
eral Fund shall be reduced as such offsetting collections are received 
during fiscal year 1997, so as to result in a final fiscal year 1997 
appropriation from the General Fund estimated at not more than 
$17,542,000: Provided further. That any fees received in excess 
of $58,905,000 in fiscal year 1997, shall remain available until 
expended, but shall not be available for obligation until October 
1, 1997. 
SALARIES 
AND 
EXPENSES, 
UNITED 
STATES 
ATTORNEYS 
For necessary expenses of the Office of the United States Attor-
neys, including intergovernmental agreements, $923,340,000; of 
which not to exceed $2,500,000 shall be available until September 
30, 1998, for the purposes of (1) providing training of personnel 
of the Department of Justice in debt collection, (2) providing services 
to the Department of Justice related to locating debtors and their 
property, such as title searches, debtor skiptracing, asset searches, 
credit reports and other investigations, (3) paying the costs of 
the Department of Justice for the sale of property not covered 
by the sale proceeds, such as auctioneers' fees and expenses, mainte-
nance and protection of property and businesses, advertising and 
title search and surveying costs, and (4) paying the costs of process-
ing and tracking debts owed to the United States Government: 
Provided, That of the total amount appropriated, not to exceed 
$8,000 shall be available for official reception and representation 
expenses: Provided further. That not to exceed $10,000,000 of those 
funds available for automated litigation support contracts shall 
remain available until expended: Provided further. That $1,900,000 
for supervision of the International Brotherhood of Teamsters 
national election, shall remain available until expended: Provided 
further, 
That in addition to reimbursable full-time equivalent 
workyears available to the Office of the United States Attorneys, 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-4 
not to exceed 8,652 positions and 8,936 full-time 
equivalent 
workyears shall be supported from the funds appropriated in this 
Act for the United States Attorneys. 
For an additional amount for expenses relating to terrorism 
and security needs, $10,900,000: 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. 
VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES ATTORNEYS 
For activities authorized by sections 40114, 130005, 190001(b), 
190001(d) and 250005 of the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322), as amended, and 
section 815 of the Antiterrorism and Effective Death Penalty Act 
of 1996 (Public Law 104-132), $43,876,000, to remain available 
until expended, which shall be derived from the Violent Crime 
Reduction Trust Fund, of which $28,602,000 shall be available 
to help meet the increased demands for litigation and related activi-
ties, $4,641,000 for Southwest Border Control, $1,000,000 for Fed-
eral victim counselors, and $9,633,000 for expeditious deportation 
of denied asylum applicants. 
UNITED STATES TRUSTEE SYSTEM FUND 
For necessary expenses of the United States Trustee Program, 
as authorized by 28 U.S.C. 589a(a), $107,950,000, to remain avail-
able until expended and to be derived from the United States 
Trustee System Fund: Provided, That notwithstanding any other 
provision of law, deposits to the Fund shall be available in such 
amounts as may be necessary to pay refunds due depositors: Pro-
vided further. That notwithstanding any other provision of law, 
$107,950,000 of offsetting collections derived from fees collected 
pursuant to 28 U.S.C. 589a(b) shall be retained and used for nec-
essary expenses in this appropriation and remain available until 
expended: Provided further. That the sum herein appropriated from 
the Fund shall be reduced as such offsetting collections are received 
during fiscal year 1997, so as to result in a final fiscal year 1997 
appropriation from the Fund estimated at $0: Provided 
further, 
That any such fees collected in excess of $107,950,000 in fiscal 
year 1997 shall remain available until expended but shall not 
be available for obligation until October 1, 1997. 
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION 
For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized 
by 5 U.S.C. 3109, $953,000. 
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE 
For necessary expenses of the United States Marshals Service; 
including the acquisition, lease, maintenance, and operation of 
vehicles and aircraft, and the purchase of passenger motor vehicles 
for police-type use, without regard to the general purchase price 
limitation for the current fiscal year, $457,495,000, as authorized 
by 28 U.S.C. 561(i); of which not to exceed $6,000 shall be available 
for official reception and representation expenses; and of which 
110 STAT. 3009-5 
PUBLIC LAW 104-208—SEPT. 30, 1996 
not to exceed $4,000,000 for development, implementation, mainte-
nance and support, and training for an automated prisoner informa-
tion system, and $2,200,000 to support the Justice Prisoner and 
Alien Transportation System, shall remain available until expended: 
Provided, That, with respect to the amounts appropriated above, 
the service of maintaining and transporting State, local, or terri-
torial prisoners shall be considered a specialized or technical service 
for purposes of 31 U.S.C. 6505, and any prisoners so transported 
shall be considered persons (transported for other than commercial 
purposes) whose presence is associated with the performance of 
a governmental function for purposes of 49 U.S.C. 40102: Provided 
further, That not to exceed 12 permanent positions and 12 full-
time equivalent workyears and $700,000 shall be expended for 
the Offices of Legislative Affairs and Public Affairs: Provided fur-
ther, That the latter two aforementioned offices shall not be aug-
mented by personnel details, temporary transfers of personnel on 
either a reimbursable or nonreimbursable basis or any other type 
of formal or informal transfer or reimbursement of personnel or 
funds on either a temporary or long-term basis. 
VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES MARSHALS 
SERVICE 
For activities authorized by section 190001(b) of the Violent 
Crime Control and Law Enforcement Act of 1994 (Public Law 
103-322), as amended, $25,000,000, to remain available until 
expended, which shall be derived from the Violent Crime Reduction 
Trust Fund. 
FEDERAL PRISONER DETENTION 
For expenses, related to United States prisoners in the custody 
of the United States Marshals Service as authorized in 18 U.S.C. 
4013, but not including expenses otherwise provided for in appro-
priations available to the Attorney General, $405,262,000, as 
authorized by 28 U.S.C. 561(i), to remain available until expended: 
Provided, That this appropriation hereafter shall not be available 
for expenses authorized under 18 U.S.C. 4013(a)(4). 
FEES AND EXPENSES OF WITNESSES 
For expenses, mileage, compensation, and per diems of wit-
nesses, for expenses of contracts for the procurement and super-
vision of expert witnesses, for private counsel expenses, and for 
per diems in lieu of subsistence, as authorized by law, including 
advances, $100,702,000, to remain available until expended; of 
which not to exceed $4,750,000 may be made available for planning, 
construction, renovations, maintenance, remodeling, and repair of 
buildings, and the purchase of equipment incident thereto, for pro-
tected witness safesites; of which not to exceed $1,000,000 may 
be made available for the purchase and maintenance of armored 
vehicles for transportation of protected witnesses; and of which 
not to exceed $4,000,000 may be made available for the purchase, 
installation and maintenance of a secure, automated information 
network to store and retrieve the identities and locations of pro-
tected witnesses. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-6 
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE 
For necessary expenses of the Community Relations Service, 
established by title X of the Civil Rights Act of 1964, $5,319,000: 
Provided, That notwithstanding any other provision of law, upon 
a determination by the Attorney General that emergent cir-
cumstances require additional funding for conflict prevention and 
resolution activities of the Community Relations Service, the Attor-
ney General may transfer such amounts to the Community Rela-
tions Service, from available appropriations for the current fiscal 
year for the Department of Justice, as may be necessary to respond 
to such circumstances: Provided further, That any transfer pursuant 
to this paragraph shall be treated as a reprogramming under section 
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that 
section. 
ASSETS FORFEITURE FUND 
For expenses authorized by 28 U.S.C. 524(c)(l)(A)(ii), (B), (C), 
(F), and (G), as amended, $23,000,000, to be derived from the 
Department of Justice Assets Forifeiture Fund. 
RADIATION EXPOSURE COMPENSATION 
ADMINISTRATIVE EXPENSES 
For necessary administrative expenses in accordance with the 
Radiation Exposure Compensation Act, $2,000,000. 
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND 
For payments to the Radiation Exposure Compensation Trust 
Fund, $13,736,000, not to be available for obligation until September 
30, 1997. 
INTERAGENCY LAW ENFORCEMENT 
INTERAGENCY CRIME AND DRUG ENFORCEMENT 
For necessary expenses for the detection, investigation, and 
prosecution of individuals involved in organized crime drug traffick-
ing not otherwise provided for, to include intergovernmental agree-
ments with State and local law enforcement agencies engaged in 
the investigation and prosecution of individuals involved in orga-
nized crime drug trafficking, $359,430,000, of which $50,000,000 
shall remain available until expended: Provided, That any amounts 
obligated from appropriations under this heading may be used 
under authorities available to the organizations reimbursed from 
this appropriation: Provided further, That any unobligated balances 
remaining available at the end of the fiscal year shall revert to 
the Attorney General for reallocation among participating organiza-
tions in succeeding fiscal years, subject to the reprogramming proce-
dures described in section 605 of this Act. 
110 STAT. 3009-7 
PUBLIC LAW 104-208—SEPT. 30, 1996 
FEDERAL BUREAU OF INVESTIGATION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Bureau of Investigation 
for detection, investigation, and prosecution of crimes against the 
United States; including purchase for police-type use of not to 
exceed 2,706 passenger motor vehicles, of which 1,945 will be for 
replacement only, without regard to the general purchase price 
limitation for the current fiscal year, and hire of passenger motor 
vehicles; acquisition, lease, maintenance, and operation of aircraft; 
and not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character, to be expended under the direction of, and 
to be accounted for solely under the certificate of, the Attorney 
General; $2,451,361,000, of which not to exceed $50,000,000 for 
automated data processing and telecommunications and technical 
investigative equipment and $1,000,000 for undercover operations 
shall remain available until September 30, 1998; of which not 
less than $147,081,000 shall be for counterterrorism investigations, 
foreign counterintelligence, and other activities related to our 
national security; of which not to exceed $98,400,000 shall remain 
available until expended; and of which not to exceed $10,000,000 
is authorized to be made available for making payments or advances 
for expenses arising out of contractual or reimbursable agreements 
with State and local law enforcement agencies while engaged in 
cooperative activities related to violent crime, terrorism, organized 
crime, and drug investigations; and of which $1,500,000 shall be 
available to maintain an independent program office dedicated 
solely to the relocation of the Criminal Justice Information Services 
Division and the automation of fingerprint identification services: 
Provided, That not to exceed $45,000 shall be available for official 
reception and representation expenses: Provided further. That not 
to exceed 81 permanent positions and 85 full-time equivalent 
workyears and $5,959,000 shall be expended for the Office of Legis-
lative Affairs and Public Affairs: Provided further. That the latter 
two aforementioned offices shall not be augmented by personnel 
details, temporary transfers of personnel on either a reimbursable 
or nonreimbursable basis or any other type of formal or informal 
transfer or reimbursement of personnel or funds on either a tem-
porary or long-term basis. 
For an additional amount for necessary expenses of the Federal 
Bureau of Investigation to prevent and investigate terrorism activi-
ties and incidents; provide for additional agents and support staff; 
protect key physical assets; establish a capability for chemicsd, 
biological and nuclear research; improve domestic intelligence; and 
improve security at Federal Bureau of Investigation 
offices, 
$115,610,000, as authorized by the Antiterrorism and Effective 
Death Penalty Act of 1996 (P.L. 104-132): Provided, That the 
entire amount is designated by Congress as an emergency require-
ment pursuant to section 251(b)(2XD)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended. 
VIOLENT CRIME REDUCTION PROGRAMS 
For activities authorized by the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103-322) as amended 
("the 1994 Act"), and the Antiterrorism and Effective Death Penalty 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-8 
Act of 1996 ("the Antiterrorism Act"), $169,000,000, to remain avail-
able until expended, which shall be derived from the Violent Crime 
Reduction Trust Fund; of which $76,356,000 shall be for activities 
authorized by section 190001(c) of the 1994 Act and section 811 
of the Antiterrorism Act; $53,404,000 shall be for activities author-
ized by section 190001(b) of the 1994 Act, of which $20,240,000 
shall be for activities authorized by section 103 of the Brady Hand-
gun Violence Prevention Act (Public Law 103-159), as amended; 
$4,000,000 shall be for training and investigative assistance author-
ized by section 210501 of the 1994 Act; $9,500,000 shall be for 
grants to States, as authorized by section 811(b) of the Antiterrorism 
Act; and $5,500,000 shall be for establishing DNA quality-assurance 
and proficiency-testing standards, establishing an index to facilitate 
law enforcement exchange of DNA identification information, and 
related activities authorized by section 210501 of the 1994 Act. 
TELECOMMUNICATIONS CARRIER COMPLIANCE FUND 
For necessary expenses, as determined by the Attorney General, 
$60,000,000, to remain available until expended, to be deposited 
in the Telecommunications Carrier Compliance Fund for making 
payments to telecommunications carriers, equipment manufactur-
ers, and providers of telecommunications support services pursuant 
to section 110 of this Act: Provided, That the entire amount is 
designated by Congress as an emergency requirement pursuant 
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
the entire amount not previously designated by the President as 
an emergency requirement shall be available only to the extent 
an official budget request, for a specific dollar amount that includes 
designation of the entire amount of the request as an emergency 
requirement, as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted to Congress. 
CONSTRUCTION 
For necessary expenses to construct or acquire buildings and 
sites by purchase, or as otherwise authorized by law (including 
equipment for such buildings); conversion and extension of federally-
owned buildings; and preliminary planning and design of projects; 
$41,639,000, to remain available until expended. 
DRUG ENFORCEMENT ADMINISTRATION 
SALARIES A N D EXPENSES 
For necessary expenses of the Drug Enforcement Administra-
tion, including not to exceed $70,000 to meet unforeseen emer-
gencies of a confidential character, to be expended under the direc-
tion of, and to be accounted for solely under the certificate of, 
the Attorney General; expenses for conducting drug education and 
training programs, including travel and related expenses for partici-
pants in such programs and the distribution of items of token 
value that promote the goals of such programs; purchase of not 
to exceed 1,158 passenger motor vehicles, of which 1,032 will be 
for replacement only, for police-type use without regard to the 
general purchase price limitation for the current fiscal year; and 
acquisition, 
lease, 
maintenance, 
and 
operation 
of 
aircraft; 
110 STAT. 3009-9 
PUBLIC LAW 104-208—SEPT. 30, 1996 
$745,388,000, of which not to exceed $1,800,000 for research and 
$15,000,000 for transfer to the Drug Diversion Control Fee Account 
for operating expenses shall remain available until expended, and 
of which not to exceed $4,000,000 for purchase of evidence and 
pa3anents for information, not to exceed $4,000,000 for contracting 
for automated data processing and telecommunications equipment, 
and not to exceed $2,000,000 for laboratory equipment, $4,000,000 
for technical equipment, and $2,000,000 for aircraft replacement 
retrofit and parts, shall remain available until September 30, 1998; 
and of which not to exceed $50,000 shall be available for official 
reception and representation expenses: Provided, That not to exceed 
25 permanent positions and 25 full-time equivalent workyears and 
$1,828,000 shall be expended for the Office of Legislative Affairs 
and Public Affairs: Provided further. That the latter two aforemen-
tioned offices shall not be augmented by personnel details, tem-
porary transfers of personnel on either a reimbursable or non-
reimbursable basis or any other t3T)e of formal or informal transfer 
or reimbursement of personnel or funds on either a temporary 
or long-term basis. 
For an additional amount for security measures for domestic 
and foreign Drug Enforcement Administration offices, $5,000,000: 
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. 
VIOLENT CRIME REDUCTION PROGRAMS 
For activities authorized by sections 180104 and 190001(b) 
of the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322), as amended, and section 814 of the 
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 
104-132), and for the purchase of passenger motor vehicles for 
police-type use, as otherwise authorized in this title, $220,000,000, 
to remain available until expended, which shall be derived from 
the Violent Crime Reduction Trust Fund. 
CONSTRUCTION 
For necessary expenses to construct or acquire buildings and 
sites by purchase, or as otherwise authorized by law (including 
equipment for such buildings); conversion and extension of federally-
owned buildings; and preliminary planning and design of projects; 
$30,806,000, to remain available until expended. 
IMMIGRATION AND NATURALIZATION SERVICE 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
administration and enforcement of the laws relating to immigration, 
naturalization, and alien registration, including not to exceed 
$50,000 to meet unforeseen emergencies of a confidential character, 
to be expended under the direction of, and to be accounted for 
solely under the certificate of, the Attorney General; purchase for 
police type use (not to exceed 2,691, of which 1,711 are for replace-
ment only), without regard to the general purchase price limitation 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-10 
for the current fiscal year, and hire of passenger motor vehicles; 
acquisition, lease, maintenance and operation of aircraft; and 
research related to immigration enforcement; $1,590,159,000 of 
which not to exceed $400,000 for research shall remain available 
until expended; and of which not to exceed $10,000,000 shall be 
available for costs associated with the training program for basic 
officer training, and $5,000,000 is for payments or advances arising 
out of contractual or reimbursable agreements with State and local 
law enforcement agencies while engaged in cooperative activities 
related to immigration: Provided, That none of the funds available 
to the Immigration and Naturalization Service shall be available 
to pay any employee overtime pay in an amount in excess of 
$30,000 during the calendar year beginning January 1, 1997: Pro-
vided further, That uniforms may be purchased without regard 
to the general purchase price limitation for the current fiscal year: 
Provided further, That not to exceed $5,000 shall be available 
for official reception and representation expenses: Provided further, 
That none of the funds provided in this or any other Act shall 
be used for the continued operation of the San Clemente and 
Temecula checkpoints unless the checkpoints are open and traf^c 
is being checked on a continuous 24-hour basis: Provided 
further. 
That the Land Border Fee Pilot Project scheduled to end September 
8 USC 1356 note. 
30, 1996, is extended to September 30, 1999, for projects on both 
the northern and southern borders of the United States, except 
that no pilot program may implement a universal land border 
crossing toll: Provided further. That obligated and unobligated bal-
ances available to "Salaries and Expenses, Community Relations 
Service" under section 501(c) of the Refugee Education Assistance 
Act of 1980 are transferred to this account and shall remain avail-
able until expended: Provided further, That not to exceed 48 perma-
nent positions and 48 full-time equivalent workyears and $4,628,000 
shall be expended for the Office of Legislative Affairs and Public 
Affairs: Provided further, That the latter two aforementioned offices 
shall not be augmented by personnel details, temporary transfers 
of personnel on either a reimbursable or nonreimbursable basis 
or any other type of formal or informal transfer or reimbursement 
of personnel or funds on either a temporary or long-term basis. 
For an additional amount to support the detention and removal 
of aliens with ties to terrorist organizations and expand the deten-
tion and removal of illegal aliens and enhance the intelligence 
of the Immigration and Naturalization Service, $15,000,000, of 
which $10,000,000 shall be for detention and removal of aliens: 
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. 
VIOLENT CRIME REDUCTION PROGRAMS 
For activities authorized by sections 130002, 130005, 130006, 
130007, and 190001(b) of the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322), as amended, and 
section 813 of the Antiterrorism and Effective Death Penalty Act 
of 1996 (Public Law 104r-132), $500,000,000, to remain available 
until expended, which will be derived from the Violent Crime Reduc-
tion Trust Fund, of which $66,217,000 shall be for expeditious 
deportation of denied asylum applicants, $317,256,000 shall be for 
improving border controls, and $116,527,000 shall be for detention 
110 STAT. 3009-11 
PUBLIC LAW 104-208—SEPT. 30, 1996 
and deportation proceedings: Provided, That amounts not required 
for asylum processing provided under the expeditious deportation 
of denied asylum applicants shall also be available for other deporta-
tion program activities. 
CONSTRUCTION 
For planning, construction, renovation, equipping, and mainte-
nance of buildings and facilities necessary for the administration 
and enforcement of the laws relating to immigration, naturalization, 
and alien registration, not otherwise provided for, $9,841,000, to 
remain available until expended. 
FEDERAL PRISON SYSTEM 
SALARIES AND EXPENSES 
For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, includ-
ing purchase (not to exceed 836, of which 572 are for replacement 
only) and hire of law enforcement and passenger motor vehicles, 
and for the provision of technical assistance and advice on correc-
tions related issues to foreign governments; $2,768,316,000: Pro-
42 use 250a. 
vided, That the Attorney General may transfer to the Health 
Resources and Services Administration such amounts as may be 
necessary for direct expenditures by that Administration for medical 
relief for inmates of Federal penal and correctional institutions: 
Provided further, That the Director of the Federal Prison System 
(FPS), where necessary, may enter into contracts with a fiscal 
agent/fiscal intermediary claims processor to determine the amounts 
payable to persons who, on behalf of the FPS, furnish health serv-
ices to individuals committed to the custody of the FPS: Provided 
further. That uniforms may be purchased without regard to the 
general purchase price limitation for the current fiscal year: Pro-
vided further, That not to exceed $6,000 shall be available for 
official reception and representation expenses: Provided 
further. 
That not to exceed $90,000,000 for the activation of new facilities 
shall remain available until September 30, 1998: Provided 
further. 
That of the amounts provided for Contract Confinement, not to 
exceed $20,000,000 shall remain available until expended to make 
payments in advance for grants, contracts and reimbursable agree-
ments, and other expenses authorized by section 501(c) of the 
Refugee Education Assistance Act of 1980, as amended, for the 
care and security in the United States of Cuban and Haitian 
entrants: Provided further. That notwithstanding section 4(d) of 
the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS may 
'^ enter into contracts and other agreements with private entities 
for periods of not to exceed 3 years and 7 additional option years 
for the confinement of Federal prisoners: Provided further, 
That 
18 use 4352 
the National Institute of Corrections hereafter shall be included 
°ote. 
in the FPS Salaries and Expenses budget, in the Contract Confine-
ment program and shall continue to perform its current functions 
under 18 U.S.C. 4351, et seq., with the exception of its grant 
program and shall collect reimbursement for services whenever 
possible: Provided further, That any unexpended balances available 
to the "National Institute of Corrections" account shall be credited 
to and merged with this appropriation, to remain available until 
expended. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-12 
VIOLENT CRIME REDUCTION PROGRAMS 
For substance abuse treatment in Federal prisons as authorized 
by section 32001(e) of the Violent Crime Control and Law Enforce-
ment Act of 1994 (Public Law 103-322), as amended, $25,224,000, 
to remain available until expended, which shall be derived from 
the Violent Crime Reduction Trust Fund. 
BUILDINGS AND FACILITIES 
For planning, acquisition of sites and construction of new facili-
ties; leasing the Oklahoma City Airport Trust Facility; purchase 
and acquisition of facilities and remodeling, and equipping of such 
facilities for penal and correctional use, including all necessary 
expenses incident thereto, by contract or force account; and con-
structing, remodeling, and equipping necessary buildings and facili-
ties at existing penal and correctional institutions, including all 
necessary expenses incident thereto, by contract or force account; 
$395,700,000, to remain available until expended, of which not 
to exceed $14,074,000 shall be available to construct areas for 
inmate work programs: Provided, That labor of United States pris-
oners may be used for work performed under this appropriation: 
Provided further, That not to exceed 10 percent of the funds appro-
priated to "Buildings and Facilities" in this Act or any other Act 
may be transferred to "Salaries and Expenses", Federal Prison 
System, upon notification by the Attorney General to the Commit-
tees on Appropriations of the House of Representatives and the 
Senate in compliance with provisions set forth in section 605 of 
this Act: Provided further. That of the total amount appropriated, 
not to exceed $36,570,000 shall be available for the renovation 
and construction of United States Marshals Service prisoner-holding 
facilities. 
FEDERAL PRISON INDUSTRIES, INCORPORATED 
The Federal Prison Industries, Incorporated, is hereby author-
ized to make such expenditures, within the limits of funds and 
borrowing authority available, and in accord with the law, and 
to make such contracts and commitments, without regard to fiscal 
year limitations as provided by section 9104 of title 31, United 
States Code, as may be necessary in carrying out the program 
set forth in the budget for the current fiscal year for such corpora-
tion, including purchase of (not to exceed five for replacement 
only) and hire of passenger motor vehicles. 
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON 
INDUSTRIES, INCORPORATED 
Not to exceed $3,042,000 of the funds of the corporation shall 
be available for its administrative expenses, and for services as 
authorized by 5 U.S.C. 3109, to be computed on an accrual basis 
to be determined in accordance with the corporation's current pre-
scribed accounting system, and such amounts shall be exclusive 
of depreciation, payment of claims, and expenditures which the 
said accounting system requires to be capitalized or charged to 
cost of commodities acquired or produced, including selling and 
shipping expenses, and expenses in connection with acquisition, 
construction, operation, maintenance, improvement, protection, or 
110 STAT. 3009-13 
PUBLIC LAW 104-208—SEPT. 30, 1996 
disposition of facilities and other property belonging to the corpora-
tion or in which it has an interest. 
OFFICE OF JUSTICE PROGRAMS 
JUSTICE ASSISTANCE 
For grants, contracts, cooperative agreements, and other assist-
ance authorized by title I of the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended, and the Missing Children's Assist-
ance Act, as amended, including salaries and expenses in connection 
therewith, and with the Victims of Crime Act of 1984, as amended, 
$101,429,000, to remain available until expended, as authorized 
by section 1001 of title I of the Omnibus Crime Control and Safe 
Streets Act, as amended by Public Law 102-534 (106 Stat. 3524). 
For an additional amount, $17,000,000, to remain available 
until expended; of which $5,000,000 shall be for Local Firefighter 
and Emergency Services Training Grants as authorized by section 
819 of the Antiterrorism and Effective Death Penalty Act of 1996 
("the Antiterrorism Act"); of which $10,000,000 shall be for develop-
ment of counterterrorism technologies to help State and local law 
enforcement combat terrorism, as authorized by section 821 of 
the Antiterrorism Act; of which $2,000,000 shall be for specialized 
multi-agency response training: Provided, That the entire amount 
is designated by Congress as an emergency requirement pursuant 
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
the entire amount not previously designated by the President as 
an emergency requirement shall be available only to the extent 
an official budget request, for a specific dollar amount that includes 
designation of the entire amount of the request as an emergency 
requirement, as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted to Congress. 
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 
For grants, contracts, cooperative agreements, and other assist-
ance authorized by part E of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968, as amended, for State and Local 
Narcotics Control and Justice Assistance Improvements, notwith-
standing the provisions of section 511 of said Act, $361,000,000, 
to remain available until expended, as authorized by section 1001 
of title I of said Act, as amended by Public Law 102-534 (106 
Stat. 3524), of which $60,000,000 shall be available to carry out 
the provisions of chapter A of subpart 2 of part E of title I of 
said Act, for discretionary grants under the Edward Byrne Memorial 
State and Local Law Enforcement Assistance Programs. 
VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL LAW 
ENFORCEMENT ASSISTANCE 
For assistance (including amounts for administrative costs for 
management and administration, which amounts shall be trans-
ferred to and merged with the "Justice Assistance" account) author-
ized by the Violent Crime Control and Law Enforcement Act of 
1994 (Public Law 103-322), as amended ("the 1994 Act"); the Omni-
bus Crime Control and Safe Streets Act of 1968, as amended ("the 
1968 Act"); and the Victims of Child Abuse Act of 1990, as amended 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-14 
("the 1990 Act"); $2,036,150,000, to remain available until expended, 
which shall be derived from the Violent Crime Reduction Trust 
Fund; of which $523,000,000 shall be for Local Law Enforcement 
Block Grants, pursuant to H.R. 728 as passed by the House of 
Representatives on February 14, 1995, except that for purposes 
of this Act, the Commonwealth of Puerto Rico shall be considered 
a "unit of local government" as well as a "State", for the purposes 
set forth in paragraphs (A), (B), (D), (F), and (I) of section 101(a)(2) 
of H.R. 728 and for establishing crime prevention programs involv-
ing cooperation between community residents and law enforcement 
personnel in order to control, detect, or investigate crime or the 
prosecution of criminals: Provided, That no funds provided under 
this heading may be used as matching funds for any other Federal 
grant program: Provided further. That $20,000,000 of this amount 
shall be for Boys and Girls Clubs in public housing facilities and 
other areas in cooperation with State and local law enforcement: 
Provided further, That funds may also be used to defray the costs 
of indemnification insurance for law enforcement officers; of which 
$50,000,000 shall be for grants to upgrade criminal records, as 
authorized by section 106(b) of the Brady Handgun Violence Preven-
tion Act of 1993, as amended, and section 4(b) of the National 
Child Protection Act of 1993; of which $199,000,000 shall be avail-
able as authorized by section 1001 of title I of the 1968 Act, 
to carry out the provisions of subpart 1, part E of title I of the 
1968 Act, notwithstanding section 511 of said Act, for the Edward 
Byrne Memorial State and Local Law Enforcement Assistance Pro-
grams; of which $330,000,000 shall be for the State Criminal Alien 
Assistance Program, as authorized by section 242(j) of the Immigra-
tion and Nationality Act, as amended; of which $670,000,000 shall 
be for Violent Offender Incarceration and Truth in Sentencing 
Incentive Grants pursuant to subtitle A of title II of the 1994 
Act, of which $170,000,000 shall be available for payments to States 
for incarceration of criminal aliens, and of which $12,500,000 shall 
be available for the Cooperative Agreement Program: Provided fur-
ther, That funds made available for Violent Offender Incarceration 
and Truth in Sentencing Incentive Grants to the State of California 
may, at the discretion of the recipient, be used for payments for 
the incarceration of criminal aliens: Provided further. That begin- 42 USC 13703 
ning in fiscal year 1999, and thereafter, no funds shall be available ^°^-
to make grants to a State pursuant to section 20103 or section 
20104 of the Violent Crime Control and Law Enforcement Act 
of 1994 unless no later than September 1, 1998, such State has 
implemented a program of controlled substance testing and inter-
vention for appropriate categories of convicted offenders during 
periods of incarceration and criminal justice supervision, with sanc-
tions including denial or revocation of release for positive controlled 
substance tests, consistent with guidelines issued by the Attorney 
General; of which $6,000,000 shall be for the Court Appointed 
Special Advocate Program, as authorized by section 218 of the 
1990 Act; of which $1,000,000 shall be for Child Abuse Training 
Programs for Judicial Personnel and Practitioners, as authorized 
by section 224 of the 1990 Act; of which $145,000,000 shall be 
for Grants to Combat Violence Against Women, to States, units 
of local government, and Indian tribal governments, as authorized 
by section 1001(a)(18) of the 1968 Act; of which $33,000,000 shall 
be for Grants to Encourage Arrest Policies to States, units of local 
110 STAT. 3009-15 
PUBLIC LAW 104-208—SEPT. 30, 1996 
government, and Indian tribal governments, as authorized by sec-
tion 1001(a)(19) of the 1968 Act; of which $8,000,000 shall be 
for Rural Domestic Violence and Child Abuse Enforcement Assist-
ance Grants, as authorized by section 40295 of the 1994 Act; of 
which $1,000,000 shall be for training programs to assist probation 
and parole officers who work with released sex offenders, as author-
ized by section 40152(c) of the 1994 Act; of which $550,000 shall 
be for grants for televised testimony, as authorized by section 
1001(a)(7) of the 1968 Act; of which $1,750,000 shall be for national 
stalker and domestic violence reduction, as authorized by section 
40603 of the 1994 Act; of which $30,000,000 shall be for grants 
for residential substance abuse treatment for State prisoners as 
authorized by section 1001(a)(17) of the 1968 Act; of which 
$3,000,000 shall be for grants to States and units of local govern-
ment for projects to improve DNA analysis, as authorized by section 
1001(a)(22) of the 1968 Act; of which $900,000 shall be for the 
Missing Alzheimer's Disease Patient Alert Program, as authorized 
by section 240001(c) of the 1994 Act; of which $750,000 shall be 
for Motor Vehicle Theft Prevention Programs, as authorized by 
section 220002(h) of the 1994 Act; of which $200,000 shall be 
for a National Baseline Study on Campus Sexual Assault, as author-
ized by section 40506(e) of the 1994 Act; of which $30,000,000 
shall be for Drug Courts, as authorized by title V of the 1994 
Act; of which $1,000,000 shall be for Law Enforcement Family 
Support Programs, as authorized by section 1001(a)(21) of the 1968 
Act; and of which $2,000,000 shall be for public awareness programs 
addressing marketing scams aimed at senior citizens, as authorized 
by section 250005(3) of the 1994 Act: Provided further. That funds 
made available in fiscal year 1997 under subpart 1 of part E 
of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968, as amended, may be obligated for programs to assist 
States in the litigation processing of death penalty Federal habeas 
corpus petitions and for drug testing initiatives: Provided 
further. 
That any 1996 balances for these programs shall be transferred 
to and merged with this appropriation: Provided further. That if 
a unit of local government uses any of the funds made available 
under this title to increase the number of law enforcement officers, 
the unit of local government will achieve a net gain in the number 
of law enforcement officers who perform nona<toiinistrative public 
safety service. 
WEED AND SEED PROGRAM FUND 
For necessary expenses, including salaries and related expenses 
of the Executive Office for Weed and Seed, to implement "Weed 
and Seed" program activities, $28,500,000, which shall be derived 
from discretionary grants provided under the Edward Byrne Memo-
rial State and Local Law Enforcement Assistance Programs, to 
remain available until expended for intergovernmental agreements, 
including grants, cooperative agreements, and contracts, with State 
and local law enforcement agencies engaged in the investigation 
and prosecution of violent crimes and drug offenses in "Weed and 
Seed" designated communities, and for either reimbursements or 
transfers to appropriation accounts of the Department of Justice 
and other Federal agencies which shall be specified by the Attorney 
General to execute the "Weed and Seed" program strategy: Provided, 
That funds designated by Congress through language for other 
Department of Justice appropriation accounts for "Weed and Seed" 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-16 
program activities shall be managed and executed by the Attorney 
General through the Executive Office for Weed and Seed: Provided 
further, That the Attorney General may direct the use of other 
Department of Justice funds and personnel in support of "Weed 
and Seed" program activities only after the Attorney General noti-
fies the Committees on Appropriations of the House of Representa-
tives and the Senate in accordance with section 605 of this Act. 
COMMUNITY ORIENTED POLICING SERVICES 
VIOLENT CRIME REDUCTION PROGRAMS 
For activities authorized by the Violent Crime Control and 
Law Enforcement Act of 1994, Public Law 103-322 ("the 1994 
Act") (including administrative costs), $1,400,000,000, to remain 
available until expended, which shall be derived from the Violent 
Crime Reduction Trust Fund, for Public Safety and Community 
Policing Grants pursuant to title I of the 1994 Act: Provided, That 
not to exceed 186 permanent positions and 174 full-time equivalent 
workyears and $19,800,000 shall be expended for program manage-
ment and administration. 
In addition, for programs of Police Corps education, training 
and service as set forth in sections 200101-200113 of the Violent 
Crime Control and Law Enforcement Act of 1994 (Public Law 
103-322), $20,000,000, to remain available until expended, which 
shall be derived from the Violent Crime Reduction Trust Fund. 
JUVENILE JUSTICE PROGRAMS 
For grants, contracts, cooperative agreements, and other assist-
ance authorized by the Juvenile Justice and Delinquency Prevention 
Act of 1974, as amended, including salaries and expenses in connec-
tion therewith to be transferred to and merged with the appropria-
tions for Justice Assistance, $170,000,000, to remain available until 
expended, as authorized by section 299 of part I of title II and 
section 506 of title V of the Act, as amended by Public Law 102-
586, of which (1) notwithstanding any other provision of law, 
$5,000,000 shall be available for expenses authorized by part A 
of title II of the Act, $86,500,000 shall be available for expenses 
authorized by part B of title II of the Act, and $29,500,000 shall 
be available for expenses authorized by part C of title II of the 
Act: Provided, That $16,500,000 of the amounts provided for part 
B of title II of the Act, as amended, is for the purpose of providing 
additional formula grants under part B, for innovative local law 
enforcement and community policing programs, to States that pro-
vide assurances to the Administrator that the State has in effect 
(or will have in effect no later than 1 year after date of application) 
policies and programs, that ensure that juveniles are subject to 
accountability-based sanctions for every act for which they are 
adjudicated delinquent; (2) $12,000,000 shall be available for 
expenses authorized by sections 281 and 282 of part D of title 
II of the Act for prevention and treatment programs relating to 
juvenile gangs; (3) $10,000,000 shall be available for expenses 
authorized by section 285 of part E of title II of the Act; (4) 
$7,000,000 shall be available for expenses authorized by part G 
of title II of the Act for juvenile mentoring programs; and (5) 
$20,000,000 shall be available for expenses authorized by title V 
of the Act for incentive grants for local delinquency prevention 
110 STAT. 3009-17 
PUBLIC LAW 104-208—SEPT. 30, 1996 
programs: Provided, That upon the enactment of reauthorization 
legislation for Juvenile Justice Programs under the Juvenile Justice 
and Delinquency Prevention Act of 1974, as amended, funding 
provided in this Act shall from that date be subject to the provisions 
of that legislation and any provisions in this Act that are inconsist-
ent with that legislation shall no longer have effect. 
In addition, for grants, contracts, cooperative agreements, and 
other assistance authorized by the Victims of Child Abuse Act 
of 1990, as amended, $4,500,000, to remain available until 
expended, as authorized by sections 214B of the Act. 
PUBLIC SAFETY OFFICERS BENEFITS 
For payments authorized by part L of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796), 
as amended, such sums as are necessary, to remain available until 
expended, as authorized by section 6093 of Public Law 100-690 
(102 Stat. 4339-4340), and, in addition, $2,200,000, to remain avail-
able until expended, for payments as authorized by section 1201(b) 
of said Act. 
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE 
SEC. 101. In addition to amounts otherwise made available 
in this title for official reception and representation expenses, a 
total of not to exceed $45,000 from funds appropriated to the Depart-
ment of Justice in this title shall be available to the Attorney 
General for official reception and representation expenses in accord-
ance with distributions, procedures, and regulations established 
by the Attorney General. 
SEC. 102. Authorities contained in the Department of Justice 
Appropriation Authorization Act, Fiscal Year 1980 (Pub. L. 96-
132, 93 Stat. 1040 (1979)), as amended, shall remain in effect 
until the termination date of this Act or until the effective date 
of a Department of Justice Appropriation Authorization Act, which-
ever is earlier. 
SEC. 103. None of the funds appropriated by this title shall 
be available to pay for an abortion, except where the life of the 
mother would be endangered if the fetus were carried to term, 
or in the case of rape: Provided, That should this prohibition be 
declared unconstitutional by a court of competent jurisdiction, this 
section shall be null and void. 
SEC. 104. None of the funds appropiiated under this title shall 
be used to require any person to perform, or facilitate in any 
way the performance of, any abortion. 
SEC. 105. Nothwing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service out-
side the Federal facility: Provided, That nothing in this section 
in any way diminishes the effect of section 104 intended to address 
the philosophical beliefs of individual employees of the Bureau 
of Prisons. 
18 use 3059 
SEC. 106. Notwithstanding any other provision of law, not 
°ote. 
to exceed $10,000,000 of the funds made available in this Act 
may be used to establish and publicize a program under which 
publicly-advertised, extraordinary rewards may be paid, which shall 
not be subject to spending limitations contained in sections 3059 
and 3072 of title 18, United States Code: Provided, That any reward 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-18 
of $100,000 or more, up to a maximum of $2,000,000, may not 
be made without the personal approval of the President or the 
Attorney General and such approval may not be delegated. 
SEC. 107. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice 
in this Act, including those derived from the Violent Crime Reduc-
tion Trust Fund, may be transferred between such appropriations, 
but no such appropriation, except as otherwise specifically provided, 
shall be increased by more than 10 percent by any such transfers: 
Provided, That any transfer pursuant to this section shall be treated 
as a reprogramming of funds under section 605 of this Act and 
shall not be available for obligation except in compliance with 
the procedures set forth in that section. 
SEC. 108. Section 524(c)(8)(E) of title 28, United States Code, 
is amended by striking the year in the date therein contained 
and replacing the same with "1996". 
SEC. 109. (a) Section 1930(a) of title 28, United States Code, 
is amended in paragraph (3), by inserting "$" before "800", and 
in paragraph (6), by striking everything after "total less than 
$15,000;" and inserting in lieu thereof: "$500 for each quarter 
in which disbursements total $15,000 or more but less than $75,000; 
$750 for each quarter in which disbursements total $75,000 or 
more but less than $150,000; $1,250 for each quarter in which 
disbursements total $150,000 or more but less than $225,000; 
$1,500 for each quarter in which disbursements total $225,000 
or more but less than $300,000; $3,750 for each quarter in which 
disbursements total $300,000 or more but less than $1,000,000; 
$5,000 for each quarter in which disbursements total $1,000,000 
or more but less than $2,000,000; $7,500 for each quarter in which 
disbursements total $2,000,000 or more but less than $3,000,000; 
$8,000 for each quarter in which disbursements total $3,000,000 
or more but less than $5,000,000; $10,000 for each quarter in 
which disbursements total $5,000,000 or more. The fee shall be 
payable on the last day of the calendar month following the calendar 
quarter for which the fee is owed.". 
(b) Section 589a of title 28, United States Code, is amended 
to read as follows: 
*
*
§ 589a. United States Trustee System Fund 
"(a) There is hereby established in the Treasury of the United 
States a special fund to be known as the 'United States Trustee 
System Fund' (hereinafter in this section referred to as the 'Fund'). 
Monies in the Fund shall be available to the Attorney General 
without fiscal year limitation in such amounts as may be specified 
in appropriations Acts for the following purposes in connection 
with the operations of United States trustees— 
"(1) salaries and related employee benefits; 
"(2) travel and transportation; 
"(3) rental of space; 
"(4) communication, utilities, and miscellaneous computer 
charges; 
"(5) security investigations and audits; 
"(6) supplies, books, and other materials for legal research; 
"(7) furniture and equipment; 
"(8) miscellaneous services, including those obtained by 
contract; and 
"(9) printing. 
110 STAT. 300^19 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(b) For the purpose of recovering the cost of services of the 
United States Trustee System, there shall be deposited as offsetting 
collections to the appropriation 'United States Trustee System 
Fund', to remain available until expended, the following— 
"(1) 23.08 percent of the fees collected under section 
1930(a)(1) of this title; 
"(2) one-half of the fees collected under section 1930(a)(3) 
of this title; 
"(3) one-half of the fees collected under section 1930(a)(4) 
of this title; 
"(4) one-half of the fees collected under section 1930(a)(5) 
of this title; 
"(5) 100 percent of the fees collected under section 
1930(a)(6) of this title; 
"(6) three-fourths of the fees collected under the last sen-
tence of section 1930(a) of this title; 
"(7) the compensation of trustees received under section 
330(d) of title 11 by the clerks of the bankruptcy courts; and 
"(8) excess fees collected under section 586(e)(2) of this 
title. 
"(c) Amounts in the Fund which are not currently needed 
for the purposes specified in subsection (a) shall be kept on deposit 
or invested in obligations of, or guaranteed by, the United States. 
"(d) The Attorney Greneral shall transmit to the Congress, not 
later than 120 days after the end of each fiscal year, a detailed 
report on the amounts deposited in the Fund and a description 
of expenditures made under this section. 
"(e) There are authorized to be appropriated to the Fund for 
any fiscal year such sums as may be necessary to supplement 
amounts deposited under subsection (b) for the purposes specified 
in subsection (a).". 
28 use 589a 
(c) Notwithstanding any other provision of law or of this Act, 
note. 
the amendments to 28 U.S.C. 589a made by subsection (b) of 
this section shall take effect upon enactment of this Act. 
(d) Section 101(a) of Public Law 104-91, as amended by section 
28 use 1930 
211 of Public Law 104-99, is further amended by inserting ": 
note. 
Provided further, That, notwithstanding any other provision of law, 
the fees under 28 U.S.C. 1930(a)(6) shall accrue and be payable 
from and after January 27, 1996, in all cases (including, without 
limitation, any cases pending as of that date), regardless of con-
firmation status of their plans" after "enacted into law". 
SEC. 110. Public Law 103-414 (108 Stat. 4279) is amended 
by inserting at its conclusion a new title IV, as follows: 
'TITLE IV—TELECOMMUNICATIONS CARRIER COMPLL^NCE 
PAYMENTS 
47 use 1021. 
"SEC. 401. DEPARTMENT OF JUSTICE TELECOMMUNICATIONS CAR-
RIER COMPLIANCE FUND. 
"(a) ESTABLISHMENT OF FUND.—^There is hereby established 
in the United States Treasury a fund to be known as the Depart-
ment of Justice Telecommunications Carrier Compliance Fund 
(hereafter referred to as 'the Fund'), which shall be available with-
out fiscal year limitation to the Attorney General for making pay-
ments to telecommunications carriers, equipment manufacturers, 
and providers of telecommunications support services pursuant to 
section 109 of this Act. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-20 
"(b) DEPOSITS TO THE FUND.—Notwithstanding any other provi-
sion of law, any agency of the United States with law enforcement 
or intelligence responsibilities may deposit as offsetting collections 
to the Fund any unobligated balances that are available until 
expended, upon compliance with any Congressional notification 
requirements for reprogrammings of funds applicable to the appro-
priation from which the deposit is to be made. 
"(c) TERMINATION.— 
"(1) The Attorney General may terminate the Fund at 
such time as the Attorney General determines that the Fund 
is no longer necessary. 
"(2) Any balance in the Fund at the time of its termination 
shall be deposited in the General Fund of the Treasury. 
"(3) A decision of the Attorney General to terminate the 
Fund shall not be subject to judicial review. 
"(d) AVAILABILITY OF FUNDS FOR EXPENDITURE.—Funds shall 
not be available for obligation unless an implementation plan as 
set forth in subsection (e) is submitted to each member of the 
Committees on the Judiciary and Appropriations of both the House 
of Representatives and the Senate and the Congress does not by 
law block or prevent the obligation of such funds. Such funds 
shall be treated as a reprogramming of funds under section 605 
of the Department of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1997, and shall not be 
available for obligation or expenditure except in compliance with 
the procedures set forth in that section and this section. 
"(e) IMPLEMENTATION PLAN.—The implementation plan shall 
include: 
"(1) the law enforcement assistance capability requirements 
and an explanation of law enforcement's recommended inter-
face; 
"(2) the proposed actual and maximum capacity require-
ments for the number of simultaneous law enforcement commu-
nications intercepts, pen registers, and trap and trace devices 
that authorized law enforcement agencies may seek to conduct, 
set forth on a county-by-county basis for wireline services and 
on a market service area basis for wireless services, and the 
historical baseline of electronic surveillance activity upon which 
such capacity requirements are based; 
"(3) a prioritized list of carrier equipment, facilities, and 
services deployed on or before January 1, 1995, to be modified 
by carriers at the request of law enforcement based on its 
investigative needs; 
"(4) a projected reimbursement plan that estimates the 
cost for the coming fiscal year and for each fiscal year there-
after, based on the prioritization of law enforcement needs 
as outlined in (3), of modification by carriers of equipment, 
facilities and services, installed on or before January 1, 1995. 
"(f) ANNUAL REPORT TO THE CONGRESS.—The Attorney General 
shall submit to the Congress each year a report specifically detailing 
all deposits and expenditures made pursuant to this Act in each 
fiscal year. This report shall be submitted to each member of 
the Committees on the Judiciary and Appropriations of both the 
House of Representatives and the Senate, and to the Speaker and 
minority leader of the House of Representatives and to the majority 
and minority leaders of the Senate, no later than 60 days after 
the end of each fiscal year.". 
110 STAT. 3009-21 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SEC. 111. It is the sense of the Congress that the Drug Enforce-
ment Administration, together with other appropriate Federal agen-
cies, should take such actions as may be necessary to end the 
illegal 
importation 
into 
the 
United 
States 
of 
Rohypnol 
(flunitrazepam), a drug frequently distributed with the intent to 
facilitate sexual assault and rape. 
SEC. 112. Section 1402 of the Victims of Crime Act of 1984, 
as amended (42 U.S.C. 10601), is amended at subsection (e) by 
deleting "2" and inserting "3", and at subsection (d) by adding 
a new paragraph (5) as follows: 
"(5) The Director may set aside up to $500,000 of the 
reserve fund described in paragraph (4) to make supplemental 
grants to United States Attorneys Offices to provide necessary 
assistance to victims of the bombing of the Alfred P. Murrah 
Federal Building in Oklahoma City, to facilitate observation 
of and/or participation by such victims in trial proceedings 
arising therefrom, including, without limitation, provision of 
lodging and travel assistance, and to pay such other, related 
expenses determined to be necessary by the Director.". 
SEC. 113. Section 732 of Public Law 104-132 (110 Stat. 1303; 
18 U.S.C. 841 note) is amended— 
(1) in subsection (a), by adding at the end the following 
new paragraph: 
"(3) NEW PREVENTION TECHNOLOGIES.—In addition to 
the 
study of taggants as provided herein, the Secretary, in consulta-
tion with the Attorney General, shall concurrently report to 
the Congress on the possible use, and exploitation of tech-
nologies such as vapor detection devices, computed tomography, 
nuclear quadropole resonance, thermal neutron analysis, pulsed 
fast-neutron analysis, and other technologies upon which rec-
ommendations to the Congress may be made for further study, 
funding, and use of the same in preventing and solving acts 
of terrorism involving explosive devices."; and 
(2) by adding at the end the following new subsection: 
"(f) SPECIAL STUDY.— 
"(1) IN GENERAL.—^Notwithstanding subsection (a), the Sec-
retary of the Treasury shall enter into a contract with the 
National Academy of Sciences (referred to in this section as 
the 'Academy*) to conduct a study of the tagging of smokeless 
and black powder by any viable technology for purposes of 
detection and identification. The study shall be conducted by 
an independent panel of 5 experts appointed by the Academy. 
"(2) STUDY ELEMENTS.—^The study conducted under this 
subsection shall— 
"(A) indicate whether the tracer elements, when added 
to smokeless and black powder— 
"(i) will pose a risk to human life or safety; 
"(ii) will substantially assist law enforcement offi-
cers in their investigative efforts; 
"(iii) will impair the quality and performance of 
the powders (which shall include a broad and com-
prehensive sampling of all available powders) for their 
intended lawful use, including, but not limited to the 
sporting, defense, and handloading uses of the powders, 
as well as their use in display and lawful consumer 
pyrotechnics; 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-22 
"(iv) will have a substantially adverse effect on 
the environment; 
"(v) will incur costs which outweigh the benefits 
of their inclusion, including an evaluation of the prob-
able production and regulatory cost of compliance to 
the industry, and the costs and effects on consumers, 
including the effect on the demand for ammunition; 
and 
"(vi) can be evaded, and with what degree of dif-
ficulty, by terrorists or terrorist organizations, includ-
ing evading tracer elements by the use of precursor 
chemicals to make black or other powders; and 
"(B) provide for consultation on the study with Federal, 
State, and local officials, non-governmental organizations, 
including all national police organizations, national sport-
ing organizations, and national industry associations with 
expertise in this area and such other individuals as shall 
be deemed necessary. 
"(3) REPORT AND COSTS.—^The study conducted under this 
subsection shall be presented to Congress 12 months after 
the enactment of this subsection and be made available to 
the public, including any data tapes or data used to form 
such recommendations. There are authorized to be appropriated 
such sums as may be necessary to carry out the study.". 
SEC. 114. (a) Section 524(c)(1) of title 28, United States Code, 
is amended in the first sentence following the second subparagraph 
(I) by deleting "(C),". 
(b) Section 524 (c)(8)(A) is amended by deleting "(C),". 
SEC. 115. Effective with the enactment of this Act and in 28 USC 509 note, 
any fiscal year hereafter, under policies established by the Attorney 
General, the Department of Justice may reimburse employees who 
are paid by an appropriation account within the Department of 
Justice and are traveling on behalf of the United States in tem-
porary duty status to investigate, prosecute, or litigate (including 
the provision of support therefor) a criminal or civil matter, or 
for other similar special circumstances, for Federal, State, and 
local taxes heretofore and hereafter resulting from any reimburse-
ment of travel expenses from an appropriation account within the 
Department of Justice: Provided, That such reimbursement may 
include an amount equal to all income taxes for which the employee 
would be liable due to such reimbursement. 
SEC. 116. Section 524 of title 28, United States Code, is amend-
ed by adding a new subsection (d) as follows: 
"(d)(1) The Attorney General may accept, hold, administer, 
and use gifts, devises, and bequests of any property for the purpose 
of aiding or facilitating the work of the Department of Justice. 
"(2) Gifts, devises, and bequests of money, the proceeds of 
sale or liquidation of any other property accepted hereunder, and 
any income accruing from any property accepted hereunder— 
"(A) shall be deposited in the Treasury in a separate fund 
and held in trust by the Secretary of the Treasury for the 
benefit of the Department of Justice; and 
"(B) are hereby appropriated, without fiscal year limitation, 
and shall be disbursed on order of the Attorney General. 
"(3) Upon request of the Attorney General, the Secretary of 
the Treasury may invest and reinvest the fund described herein 
in public debt securities with maturities suitable for the needs 
110 STAT. 3009-23 
PUBLIC LAW 104-208—SEPT. 30, 1996 
of the fund and bearing interest at rates determined by the Sec-
retary of the Treasury, taking into consideration the current average 
market yield on outstanding marketable obligations of the United 
States or comparable maturities. 
"(4) Evidences of any intangible personal property (other than 
money) accepted hereunder shall be deposited with the Secretary 
of the Treasury, who may hold or liquidate them, except that 
they shall be liquidated upon the request of the Attorney General. 
"(5) For purposes of federal income, estate, and gift taxes, 
property accepted hereunder shall be considered a gift, devise, 
or bequest to, or for the use of, the United States.". 
SEC. 117. Section 524(c)(9), of title 28, United States Code, 
is amended to read as follows: 
"(9)(A) Following the completion of procedures for the for-
feiture of property pursuant to any law enforced or adminis-
tered by the Department, the Attorney General is authorized, 
in her discretion, to warrant clear title to any subsequent 
purchaser or transferee of such property. 
"(B) For fiscal year 1997, the Attorney General is author-
ized to transfer, under such terms and conditions as the Attor-
ney Greneral shall specify, real or personal property of limited 
or marginal value, to a State or local government agency, 
or its designated contractor or transferee, for use to support 
drug abuse treatment, drug and crime prevention and edu-
cation, housing, job skills, and other community-based public 
health and safety programs. Such transfer shall not create 
or confer any private right of action in any person against 
the United States.". 
SEC. 118. Section 594(b)(3)(A) of title 28, United States Code, 
is amended in the second sentence by— 
(a) striking "by 6 months" and inserting "for successive 
6-month periods"; and 
(b) striking the phrase "employee assigned duties under 
subsection (l)(l)(A)(iii) certifies" and inserting "independent 
counsel £ind the division of the court certify"; 
(c) striking "such employee" and inserting "the independent 
counsel" and "the division of the court". 
Age 
SEC. 119. This section may be cited as the "Age Discrimination 
Discrimination in in Employment Amendments of 1996". 
Employment 
^endments of 
Subsection 1. Age Discrimination Amendment. 
29 use 621 note. 
(a) REPEAL OF REPEALER.—Section 3(b) of the Age Discrimina-
tion in Employment Amendments of 1986 (29 U.S.C. 623 note) 
is repealed. 
(b) EXEMPTION.—Section 4(j) of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 6230')), as in effect immediately 
before December 31, 1993— 
(1) is reenacted as such section; £ind 
(2) as so reenacted, is amended in paragraph (1) by striking 
"and the individual has attained the age" and all that follows 
through "1983, and" and inserting the following: ", the employer 
has complied with section 3(d)(2) of the Age Discrimination 
in Emplo3anent Amendments of 1996 if the individual was 
discharged after the date described in such section, and the 
individual has attained— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-24 
"(A) the age of hiring or retirement, respectively, in 
effect under appHcable State or local law on March 3, 
1983;or 
"(B)(i) if the individual was not hired, the age of hiring 
in effect on the date of such failure or refusal to hire 
under applicable State or local law enacted after the date 
of enactment of the Age Discrimination in Employment 
Amendments of 1996; or 
"(ii) if applicable State or local law was enacted after 
the date of enactment of the Age Discrimination in Employ-
ment Amendments of 1996 and the individual was dis-
charged, the higher of— 
"(I) the age of retirement in effect on the date 
of such discharge under such law; and 
"(II) age 55; and". 
(c) CONSTRUCTION.—Nothing in the repeal, reenactment, and 
29 USC 623 note, 
amendment made by subsections (a) and (b) shall be construed 
to make lawful the failure or refusal to hire, or the discharge 
of, an individual pursuant to a law that— 
(1) was enacted after March 3, 1983 and before the date 
of enactment of the Age Discrimination in Employment Amend-
ments of 1996; and 
(2) lowered the age of hiring or retirement, respectively, 
for firefighters or law enforcement officers that was in effect 
under applicable State or local law on March 3, 1983. 
Subsection 2. Study and Guidelines for Performance Tests. 
29 USC 623 note. 
(a) STUDY.—^Not later than 3 years after the date of enactment 
of this Act, the Secretary of Health and Human Services, acting 
through the Director of the National Institute for Occupational 
Safety and Health (referred to in this section as the "Secretary"), 
shall conduct, directly or by contract, a study, and shall submit 
to the appropriate committees of Congress a report based on the 
results of the study that shall include— 
(1) a list and description of all tests available for the 
assessment of abilities important for the completion of public 
safety tasks performed by law enforcement officers and fire-
fighters; 
(2) a list of the public safety tasks for which adequate 
tests described in paragraph (1) do not exist; 
(3) a description of the technical characteristics that the 
tests shall meet to be in compliance with applicable Federal 
civil rights law and policies; 
(4) a description of the alternative methods that are avail-
able for determining minimally acceptable performance stand-
ards on the tests; 
(5) a description of the administrative standards that 
should be met in the administration, scoring, and score 
interpretation of the tests; and 
(6) an examination of the extent to which the tests are 
cost-effective, are safe, and comply with the Federal civil rights 
law and policies. 
(b) 
CONSULTATION REQUIREMENT; OPPORTUNITY FOR PUBLIC 
COMMENT.— 
(1) CONSULTATION.—The Secretary shall, during the con-
duct of the study required by subsection (a), consult with— 
110 STAT. 3009-25 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(A) the Deputy Administrator of the United States 
Fire Administration; 
(B) the Director of the Federal Emergency Management 
Agency; 
(C) organizations that represent law enforcement offi-
cers, firefighters, and employers of the officers and fire-
fighters; and 
(D) organizations that represent older individuals. 
(2) PUBLIC COMMENT.—Prior to issuing the advisory guide-, 
lines required in subsection (c), the Secretary shall provide 
an opportunity for public comment on the proposed advisory 
guidelines. 
(c) ADVISORY GUIDELINES.—Not later than 4 years after the 
date of enactment of this Act, the Secretary shall develop and 
issue, based on the results of the study required by subsection 
(a), advisory guidelines for the administration and use of physical 
and mental fitness tests to measure the ability and competency 
of law enforcement officers and firefighters to perform the require-
ments of the jobs of the officers and firefighters. 
(d) JOB PERFORMANCE TESTS.— 
(1) 
IDENTIFICATION 
OF TESTS.^After issuance of the 
advisory guidelines described in subsection (c), the Secretary 
shall issue regulations identifying valid, nondiscriminatory job 
performance tests that shall be used by employers seeking 
the exemption described in section 4(j) of the Age Discrimina-
tion in Employment Act of 1967 with respect to firefighters 
or law enforcement officers who have attained an age of retire-
ment described in such section 4(j). 
(2) USE OF TESTS.—Effective on the date of issuance of 
the regulations described in paragraph (1), any employer seek-
ing such exemption with respect to a firefighter or law enforce-
ment officer who has attained such age shall provide to each 
firefighter or law enforcement officer who has attained such 
age an annual opportunity to demonstrate physical and mental 
fitness by passing a test described in paragraph (1), in order 
to continue employment. 
(e) DEVELOPMENT OF STANDARDS FOR WELLNESS PROGRAMS.— 
Not later than 2 years after the date of enactment of this Act, 
the Secretary shall propose advisory standards for wellness pro-
grams for law enforcement officers and firefighters. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated $5,000,000 to carry out this section. 
29 use 623 note. Subsection 3. Elffective Dates. 
(a) GENERAL EFFECTIVE DATE.—Except as provided in sub-
section (b), this title and the amendments made by this title shall 
take effect on the date of enactment of this Act. 
(b) SPECIAL EFFECTIVE DATE.—^The repeal made by section 
2(a) and the reenactment made by section 2(b)(1) shall take effect 
on December 31, 1993. 
SEC. 120. Section 320935(e) of the Violent Crime Control and 
Law Enforcement Act of 1994 is amended by inserting ", including 
all trials commenced on or after the effective date of such amend-
ments" after "such amendments". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-26 
SEC. 121. This section may be cited as the "Child Pornography Child 
Prevention Act of 1996". 
Pornography 
Prevention Act of 
1996. 
18 use 2251 
note. 
Subsection 1. Findings. 
Congress finds that— 
^°^-
(1) the use of children in the production of sexually explicit 
^^^Y^^ ^^^^ 
material, 
including 
photographs, 
films, 
videos, 
computer 
images, and other visual depictions, is a form of sexual abuse 
which can result in physical or psychological harm, or both, 
to the children involved; 
(2) where children are used in its production, child pornog-
raphy permanently records the victim's abuse, and its continued 
existence causes the child victims of sexual abuse continuing 
harm by haunting those children in future years; 
(3) child pornography is often used as part of a method 
of seducing other children into sexual activity; a child who 
is reluctant to engage in sexual activity with an adult, or 
to pose for sexually explicit photographs, can sometimes be 
convinced by viewing depictions of other children "having fun" 
participating in such activity; 
(4) child pornography is often used by pedophiles and child 
sexual abusers to stimulate and whet their own sexual 
appetites, and as a model for sexual acting out with children; 
such use of child pornography can desensitize the viewer to 
the pathology of sexual abuse or exploitation of children, so 
that it can become acceptable to and even preferred by the 
viewer; 
(5) new photographic and computer imagining technologies 
make it possible to produce by electronic, mechanical, or other 
means, visual depictions of what appear to be children engaging 
in sexually explicit conduct that are virtually indistinguishable 
to the unsuspecting viewer from unretouched photographic 
images of actual children engaging in sexually explicit conduct; 
(6) computers and computer imaging technology can be 
used to— 
(A) alter sexually explicit photographs, films, and vid-
eos in such a way as to make it virtually impossible for 
unsuspecting viewers to identify individuals, or to deter-
mine if the offending material was produced using children; 
(B) produce visual depictions of child sexual activity 
designed to satisfy the preferences of individual child 
molesters, pedophiles, and pornography collectors; and 
(C) alter innocent pictures of children to create visual 
depictions of those children engaging in sexual conduct; 
(7) the creation or distribution of child pornography which 
includes an image of a recognizable minor invades the child's 
privacy and reputational interests, since images that are cre-
ated showing a child's face or other identifiable feature on 
a body engaging in sexually explicit conduct can haunt the 
minor for years to come; 
(8) the effect of visual depictions of child sexual activity 
on a child molester or pedophile using that material to stimu-
late or whet his own sexual appetites, or on a child where 
the material is being used as a means of seducing or breaking 
down the child's inhibitions to sexual abuse or exploitation. 
IIG STAT. 3009-27 
PUBLIC LAW 104-208—SEPT. 30, 1996 
is the same whether the child pornography consists of photo-
graphic depictions of actual children or visual depictions pro-
duced wholly or in part by electronic, mechanical, or other 
means, including by computer, which are virtually indistin-
guishable to the unsuspecting viewer from photographic images 
of actual children; 
(9) the danger to children who are seduced and molested 
with the aid of child sex pictures is just as great when the 
child pornographer or child molester uses visual depictions 
of child sexual activity produced wholly or in part by electronic, 
mechanical, or other means, including by computer, as when 
the material consists of unretouched photographic images of 
actual children engaging in sexually explicit conduct; 
(10)(A) the existence of and traffic in child pornographic 
images creates the potential for many types of harm in the 
community and presents a clear and present danger to all 
children; and 
(B) it inflames the desires of child molesters, pedophiles, 
and child pornographers who prey on children, thereby increas-
ing the creation and distribution of child pornography and 
the sexual abuse and exploitation of actual children who are 
victimized as a result of the existence and use of these mate-
rials; 
(11)(A) the sexualization and eroticization of minors 
through any form of child pornographic images has a deleterious 
effect on all children by encouraging a societal perception of 
children as sexual objects and leading to further sexual abuse 
and exploitation of them; and 
(B) this sexualization of minors creates an unwholesome 
environment which affects the psychological, mental and emo-
tional development of children and undermines the efforts of 
parents and families to encourage the sound mental, moral 
and emotional development of children; 
(12) prohibiting the possession and viewing of child pornog-
raphy will encourage the possessors of such material to rid 
themselves of or destroy the material, thereby helping to protect 
the victims of child pornography and to eliminate the market 
for the sexual exploitative use of children; and 
(13) the elimination of child pornography and the protection 
of children from sexual exploitation provide a compelling 
governmental interest for prohibiting the production, distribu-
tion, possession, sale, or viewing of visual depictions of children 
engaging in sexually explicit conduct, including both photo-
graphic images of actual children engaging in such conduct 
and depictions produced by computer or other means which 
are virtually indistinguishable to the unsuspecting viewer from 
photographic images of actual children engaging in such con-
duct. 
Subsection 2. Definitions. 
Section 2256 of title 18, United States Code, is amended— 
(1) in paragraph (5), by inserting before the semicolon 
the following: ", and data stored on computer disk or by elec-
tronic means which is capable of conversion into a visual 
image"; 
(2) in paragraph (6), by striking "and"; 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-28 
(3) in paragraph (7), by striking the period and inserting 
a semicolon; and 
(4) by adding at the end the following new paragraphs: 
"(8) 'child pornography' means any visual depiction, includ-
ing any photograph, film, video, picture, or computer or com-
puter-generated image or picture, whether made or produced 
by electronic, mechanical, or other means, of sexually explicit 
conduct, where— 
"(A) the production of such visual depiction involves 
the use of a minor engaging in sexually explicit conduct; 
"(B) such visual depiction is, or appears to be, of a 
minor engaging in sexually explicit conduct; 
"(C) such visual depiction has been created, adapted, 
or modified to appear that an identifiable minor is engaging 
in sexually explicit conduct; or 
"(D) such visual depiction is advertised, promoted, pre-
sented, described, or distributed in such a manner that 
conveys the impression that the material is or contains 
a visual depiction of a minor engaging in sexually explicit 
conduct; and 
"(9) 'identifiable minor'— 
"(A) means a person— 
"(i)(I) who was a minor at the time the visual 
depiction was created, adapted, or modified; or 
"(II) whose image as a minor was used in creating, 
adapting, or modifying the visual depiction; and 
"(ii) who is recognizable as an actual person by 
the person's face, likeness, or other distinguishing char-
acteristic, such as a unique birthmark or other rec-
ognizable feature; and 
"(B) shall not be construed to require proof of the 
actual identity of the identifiable minor.". 
Subsection 3. Prohibited Activities Relating to Material Con-
stituting or Containing Child Pornography. 
(a) IN GENERAL.—Chapter 110 of title 18, United States Code, 
is amended by adding after section 2252 the following: 
*
*
§ 2252A. Certain activities relating to material constituting 
or containing child pornography 
"(a) Any person who— 
"(1) knowingly mails, or transports or ships in interstate 
or foreign commerce by any means, including by computer, 
any child pornography; 
"(2) knowingly receives or distributes— 
"(A) any child pornography that has been mailed, or 
shipped or transported in interstate or foreign commerce 
by any means, including by computer; or 
"(B) any material that contains child pornography that 
has been mailed, or shipped or transported in interstate 
or foreign commerce by any means, including by computer; 
"(3) knowingly reproduces any child pornography for dis-
tribution through the mails, or in interstate or foreign com-
merce by any means, including by computer; 
"(4) either— 
"(A) in the special maritime and territorial jurisdiction 
of the United States, or on any land or building owned 
110 STAT. 3009-29 
PUBLIC LAW 104-208—SEPT. 30, 1996 
by, leased to, or otherwise used by or under the control 
of the United States Government, or in the Indian country 
(as defined in section 1151), knowingly sells or possesses 
with the intent to sell any child pornography; or 
"(B) knowingly sells or possesses with the intent to 
sell any child pornography that has been mailed, or shipped 
or transported in interstate or foreign commerce by any 
means, including by computer, or that was produced using 
materials that have been mailed, or shipped or transported 
in interstate or foreign commerce by any means, including 
by computer; or 
"(5) either— 
"(A) in the special maritime and territorial jurisdiction 
of the United States, or on any land or building owned 
by, leased to, or otherwise used by or under the control 
of the United States Government, or in the Indian country 
(as defined in section 1151), knowingly possesses any book, 
magazine, periodical, film, videotape, computer disk, or 
any other material that contains 3 or more images of 
child pornography; or 
"(B) knowingly possesses any book, magazine, periodi-
cal, film, videotape, computer disk, or any other material 
that contains 3 or more images of child pornography that 
has been mailed, or shipped or transported in interstate 
or foreign commerce by any means, including by computer, 
or that was produced using materials that have been 
mailed, or shipped or transported in interstate or foreign 
commerce by any means, including by computer, 
shall be punished as provided in subsection (b). 
"(b)(1) Whoever violates, or attempts or conspires to violate, 
paragraphs (1), (2), (3), or (4) of subsection (a) shall be fined under 
this title or imprisoned not more than 15 years, or both, but, 
if such person has a prior conviction under this chapter or chapter 
109A, or under the laws of any State relating to aggravated sexual 
abuse, sexual abuse, or abusive sexual conduct involving a minor 
or ward, or the production, possession, receipt, mailing, sale, dis-
tribution, shipment, or transportation of child pornography, such 
person shall be fined under this title and imprisoned for not less 
than 5 years nor more than 30 years. 
"(2) Whoever violates, or attempts or conspires to violate, sub-
section (a)(5) shall be fined under this title or imprisoned not 
more than 5 years, or both, but, if such person has a prior conviction 
under this chapter or chapter 109A, or under the laws of any 
State relating to the possession of child pornography, such person 
shall be fined under this title and imprisoned for not less than 
2 years nor more than 10 years. 
"(c) It shall be an affirmative defense to a charge of violating 
paragraphs (1), (2), (3), or (4) of subsection (a) that— 
"(1) the alleged child pornography was produced using an 
actual person or persons engaging in sexually explicit conduct; 
"(2) each such person was an adult at the time the material 
was produced; and 
"(3) the defendant did not advertise, promote, present, 
describe, or distribute the material in such a manner as to 
convey the impression that it is or contains a visual depiction 
of a minor engaging in sexually explicit conduct.". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-30 
(b) TECHNICAL AMENDMENT.—The table of sections for chapter 
110 of title 18, United States Code, is amended by adding after 
the item relating to section 2252 the following: 
"2252A. Certain activities relating to material constituting or containing 
child pornography.". 
Subsection 4. Penalties for Sexual Exploitation of Children. 
Section 2251(d) of title 18, United States Code, is amended 
to read as follows: 
"(d) Any individual who violates, or attempts or conspires to 
violate, this section shall be fined under this title or imprisoned 
not less than 10 years nor more than 20 years, and both, but 
if such person has one prior conviction under this chapter or chapter 
109A, or under the laws of any State relating to the sexual exploi-
tation of children, such person shall be fined under this title and 
imprisoned for not less than 15 years nor more than 30 years, 
but if such person has 2 or more prior convictions under this 
chapter or chapter 109A, or under the laws of any State relating 
to the sexual exploitation of children, such person shall be fined 
under this title and imprisoned not less than 30 years nor more 
than life. Any organization that violates, or attempts or conspires 
to violate, this section shall be fined under this title. Whoever, 
in the course of an offense under this section, engages in conduct 
that results in the death of a person, shall be punished by death 
or imprisoned for any term of years or for life.". 
Subsection 5. Material Involving Sexual Exploitation of 
Minors. 
Section 2252 of title 18, United States Code, is amended— 
by striking subsection (b) and inserting the following: 
"(b)(1) Whoever violates, or attempts or conspires to violate, 
paragraphs (1), (2), or (3) of subsection (a) shall be fined under 
this title or imprisoned not more than 15 years, or both, but if 
such person has a prior conviction under this chapter or chapter 
109A, or under the laws of any State relating to aggravated sexual 
abuse, sexual abuse, or abusive sexual conduct involving a minor 
or ward, or the production, possession, receipt, mailing, sale, dis-
tribution, shipment, or transportation of child pornography, such 
person shall be fined under this title and imprisoned for not less 
than 5 years nor more than 30 years. 
"(2) Whoever violates, or attempts or conspires to violate, para-
graph (4) of subsection (a) shall be fined under this title or impris-
oned not more than 5 years, or both, but if such person has a 
prior conviction under this chapter or chapter 109A, or under the 
laws of any State relating to the possession of child pornography, 
such person shall be fined under this title and imprisoned for 
not less than 2 years nor more than 10 years.". 
Subsection 6. Privacy Protection Act Amendments. 
Section 101 of the Privacy Protection Act of 1980 (42 U.S.C. 
2000aa) is amended— 
(1) in subsection (a)(1), by inserting before the parenthesis 
at the end the following: ", or if the offense involves the produc-
tion, possession, receipt, mailing, sale, distribution, shipment, 
or transportation of child pornography, the sexual exploitation 
of children, or the sale or purchase of children under section 
29-194 O - 96 - 7 : QL 3 Part 4 
110 STAT. 3009-31 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Amber 
Hagerman Child 
Protection Act of 
1996. 
18 use 2241 
note. 
18 use 2251 
note. 
2251, 225lA, 2252, or 2252A of title 18, United States Code"; 
and 
(2) in subsection (b)(1), by inserting before the parenthesis 
at the end the following: ", or if the offense involves the produc-
tion, possession, receipt, mailing, sale, distribution, shipment, 
or transportation of child pornography, the sexual exploitation 
of children, or the sale or purchase of children under section 
2251, 225 lA, 2252, or 2252A of title 18, United States Code". 
Subsection 7. Amber Hagerman Child Protection Act of 1996. 
(a) SHORT TITLE.—^This section may be cited as the "Amber 
Hagerman Child Protection Act of 1996". 
(b) AGGRAVATED SEXUAL ABUSE OF A MINOR.—Section 2241(c) 
of title 18, United States Code, is amended to read as follows: 
"(c) WITH CHILDREN.—Whoever crosses a State line with intent 
to engage in a sexual act with a person who has not attained 
the age of 12 years, or in the special maritime and territorial 
jurisdiction of the United States or in a Federal prison, knowingly 
engages in a sexual act with another person who has not attained 
the age of 12 years, or knowingly engages in a sexual act under 
the circumstances described in subsections (a) and (b) with another 
person who has attained the age of 12 years but has not attained 
the age of 16 years (and is at least 4 years younger than that 
person), or attempts to do so, shall be fined under this title, impris-
oned for any term of years or life, or both. If the defendant has 
previously been convicted of another Federal offense under this 
subsection, or of a State offense that would have been an offense 
under either such provision had the offense occurred in a Federal 
prison, unless the death penalty is imposed, the defendant shall 
be sentenced to life in prison.". 
(c) SEXUAL ABUSE OF A MINOR.—Section 2243(a) of title 18, 
United States Code, is amended by inserting "crosses a State line 
with intent to engage in a sexual act with a person who has 
not attained the age of 12 years, or" after "Whoever". 
Subsection 8. Severability. 
If any provision of this Act, including any provision or section 
of the definition of the term child pornography, an amendment 
made by this Act, or the application of such provision or amendment 
to any person or circumstance is held to be unconstitutional, the 
remainder of this Act, including any other provision or section 
of the definition of the term child pornography, the amendments 
made by this Act, and the application of such to any other person 
or circumstance shall not be affected thereby. 
This title may be cited as the "Department of Justice Appropria-
tions Act, 1997". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-32 
TITLE II—DEPARTMENT OF COMMERCE AND RELATED 
AGENCIES 
TRADE AND INFRASTRUCTURE DEVELOPMENT 
RELATED AGENCIES 
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and 
the employment of experts and consultants as authorized by 5 
U.S.C. 3109, $21,449,000, of which $2,500,000 shall remain avail-
able until expended: Provided, That not to exceed $98,000 shall 
be available for official reception and representation expenses. 
INTERNATIONAL TRADE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as author-
ized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception 
and representation expenses, $40,850,000, to remain available until 
expended. 
DEPARTMENT OF COMMERCE 
INTERNATIONAL TRADE ADMINISTRATION 
OPERATIONS A N D ADMINISTRATION 
For necessary expenses for international trade activities of 
the Department of Commerce provided for by law, and engaging 
in trade promotional activities abroad, including expenses of grants 
and cooperative agreements for the purpose of promoting exports 
of United States firms, without regard to 44 U.S.C. 3702 and 
3703; full medical coverage for dependent members of immediate 
families of employees stationed overseas and employees temporarily 
posted overseas; travel and transportation of employees of the 
United States and Foreign Commercial Service between two points 
abroad, without regard to 49 U.S.C. 1517; employment of Americans 
and aliens by contract for services; rental of space abroad for 
periods not exceeding ten years, and expenses of alteration, repair, 
or improvement; purchase or construction of temporary demount-
able exhibition structures for use abroad; payment of tort claims, 
in the manner authorized in the first paragraph of 28 U.S.C. 2672 
when such claims arise in foreign countries; not to exceed $327,000 
for official representation expenses abroad; purchase of passenger 
motor vehicles for official use abroad, not to exceed $30,000 per 
vehicle; obtain insurance on official motor vehicles; and rent tie 
lines and teletype equipment; $270,000,000, to remain available 
until expended: Provided, That the provisions of the first sentence 
of section 105(f) and all of section 108(c) of the Mutual Educational 
and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) 
shall apply in carrying out these activities without regard to section 
5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 
Department of 
Commerce and 
Related Agencies 
Appropriations 
Act, 1997. 
110 STAT. 3009-33 
PUBLIC LAW 104-208—SEPT. 30, 1996 
U.S.C. 4912); and that for the purpose of this Act, contributions 
under the provisions of the Mutual Educational and Cultural 
Exchange Act shall include payment for assessments for services 
provided as part of these activities. 
^ EXPORT ADMINISTRATION 
OPERATIONS AND ADMINISTRATION 
For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for serv-
ices abroad; rental of space abroad for periods not exceeding ten 
years, and expenses of alteration, repair, or improvement; payment 
of tort claims, in the manner authorized in the first paragraph 
of 28 U.S.C. 2672 when such claims arise in foreign countries; 
not to exceed $15,000 for official representation expenses abroad; 
awards of compensation to informers under the Export Administra-
tion Act of 1979, and as authorized by 22 U.S.C. 401(b); purchase 
of passenger motor vehicles for official use and motor vehicles 
for law enforcement use with special requirement vehicles eligible 
for purchase without regard to any price limitation otherwise estab-
lished by law; $36,000,000, to remain available until expended: 
Provided, That the provisions of the first sentence of section 105(f) 
and all of section 108(c) of the Mutual Educational and Cultural 
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 
in carrying out these activities: Provided further. That payments 
and contributions collected and accepted for materials or services 
provided as part of such activities may be retained for use in 
covering the cost of such activities, and for providing information 
to the public with respect to the export administration and national 
security activities of the Department of Commerce and other export 
control programs of the United States and other governments. 
For an additional amount for nonproliferation efforts to prevent 
illegal exports of chemical weapon precursors, biological agents, 
nuclear weapons and missile development equipment, $3,900,000, 
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. 
ECONOMIC DEVELOPMENT ADMINISTRATION 
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 
For grants for economic development assistance as provided 
by the Public Works and Economic Development Act of 1965, as 
amended. Public Law 91-304, and such laws that were in effect 
immediately before September 30, 1982, and for trade adjustment 
assistance, $328,500,000: Provided, That none of the funds appro-
priated or otherwise made available under this heading may be 
used directly or indirectly for attorneys' or consultants' fees in 
connection with securing grants and contracts made by the Eco-
nomic Development Administration: Provided further. That, not-
withstanding any other provision of law, the Secretary of Commerce 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-34 
may provide financial assistance for projects to be located on mili-
tary installations closed or scheduled for closure or realignment 
to grantees eligible for assistance under the Public Works and 
Economic Development Act of 1965, as amended, without it being 
required that the grantee have title or ability to obtain a lease 
for the property, for the useful life of the project, when in the 
opinion of the Secretary of Commerce, such financial assistance 
is necessary for the economic development of the area: Provided 
further. That the Secretary of Commerce may, as the Secretary 
considers appropriate, consult with the Secretary of Defense regard-
ing the title to land on military installations closed or scheduled 
for closure or realignment. 
SALARIES AND EXPENSES 
For necessary expenses of administering the economic develop-
ment assistance programs as provided for by law, $20,036,000: 
Provided, 
That these funds may be used to monitor projects 
approved pursuant to title I of the Public Works Employment 
Act of 1976, as amended, title II of the Trade Act of 1974, as 
amended, and the Community Emergency Drought Relief Act of 
1977. 
MINORITY BUSINESS DEVELOPMENT AGENCY 
MINORITY B U S I N E S S DEVELOPMENT 
For necessary expenses of the Department of Commerce in 
fostering, promoting, and developing minority business enterprise, 
including expenses of grants, contracts, and other agreements with 
public or private organizations, $28,000,000: Provided, That of the 
total amount provided, $2,000,000 shall be available for obligation 
and expenditure only for projects jointly developed, implemented 
and administered with the Small Business Administration. 
ECONOMIC AND INFORMATION INFRASTRUCTURE 
ECONOMIC AND STATISTICAL ANALYSIS 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by law, of economic 
and statistical analysis programs of the Department of Commerce, 
$45,900,000, to remain available until September 30, 1998. 
ECONOMICS AND STATISTICS ADMINISTRATION REVOLVING FUND 
The Secretary of Commerce is authorized to disseminate eco- 15 USC 1527a 
nomic and statistical data products as authorized by sections 1, note. 
2, and 4 of Public Law 91-412 (15 U.S.C. 1525-1527) and, notwith-
standing section 5412 of the Omnibus Trade and Competitiveness 
Act of 1988 (15 U.S.C. 4912), charge fees necessary to recover 
the full costs incurred in their production. Notwithstanding 31 
U.S.C. 3302, receipts received from these data dissemination activi-
ties shall be credited to this account, to be available for carrying 
out these purposes without further appropriation. 
110 STAT. 3009-35 
PUBLIC LAW 104-208—SEPT. 30, 1996 
BUREAU OF THE CENSUS 
SALARIES AND EXPENSES 
For expenses necessary for collecting, compiling, analyzing, 
preparing, 
and 
publishing 
statistics, 
provided 
for 
by 
law, 
$135,000,000. 
PERIODIC CENSUSES AND PROGRAMS 
For expenses necessary to collect and publish statistics for 
periodic censuses and programs provided for by law, $210,500,000, 
to remain available until expended. 
NATIONAL TELECOMMUNICATIONS AND INFORMATION 
ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses, as provided for by law, of the National 
Telecommunications 
and 
Information 
Administration 
(NTIA), 
$15,000,000, to remain available until expended: Provided, That 
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall 
charge Federal agencies for costs incurred in spectrum management, 
analysis, and operations, and related services and such fees shall 
be retained and used as offsetting collections for costs of such 
spectrum services, to remain available until expended: Provided 
47 use 903 note, further, That hereafter, notwithstanding any other provision of law, 
NTIA shall not authorize spectrum use or provide any spectrum 
functions pursuant to the NTIA Organization Act, 47 U.S.C. §§ 902-
903, to any Federal entity without reimbursement as required by 
NTIA for such spectrum management costs, and Federal entities 
withholding payment of such cost shall not use spectrum: Provided 
further, That the Secretary of Commerce is authorized to retain 
and use as offsetting collections all funds transferred, or previously 
transferred, from other Government agencies for all costs incurred 
in telecommunications research, engineering, and related activities 
by the Institute for Telecommunication Sciences of the NTIA, in 
furtherance of its assigned functions under this paragraph, and 
such funds received from other Government agencies shall remain 
available until expended. 
PUBLIC BROADCASTING FACILITIES, PLANNING AND CONSTRUCTION 
For grants authorized by section 392 of the Communications 
Act of 1934, as amended, $15,250,000, to remain available until 
expended as authorized by section 391 of the Act, as amended: 
Provided, That not to exceed $1,500,000 shall be available for 
program administration as authorized by section 391 of the Act: 
Provided further, That notwithstanding the provisions of section 
391 of the Act, the prior year unobligated balances may be made 
available for grants for projects for which applications have been 
submitted and approved during any fiscal year. 
INFORMATION INFRASTRUCTURE GRANTS 
For grants authorized by section 392 of the Communications 
Act of 1934, as amended, $21,490,000, to remain available until 
expended as authorized by section 391 of the Act, as amended: 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-36 
Provided, That not to exceed $3,000,000 shall be available for 
program administration and other support activities as authorized 
by section 391: Provided further. That of the funds appropriated 
herein, not to exceed 5 percent may be available for telecommuni-
cations research activities for projects related directly to the devel-
opment of a national information infrastructure: Provided 
further. 
That notwithstanding the requirements of section 392(a) and 392(c) 
of the Act, these funds may be used for the planning and construc-
tion of telecommunications networks for the provision of edu-
cational, cultural, health care, public information, public safety, 
or other social services. 
PATENT AND TRADEMARK OFFICE 
SALARIES AND EXPENSES 
For necessary expenses of the Patent and Trademark Office 
provided for by law, including defense of suits instituted against 
the Commissioner of Patents and Trademarks, $61,252,000, to 
remain available until expended: Provided, That the funds made 
available under this heading are to be derived from deposits in 
the Patent and Trademark Office Fee Surcharge Fund as authorized 
by law: Provided further. That the amounts made available under 
the Fund shall not exceed amounts deposited; and such fees as 
shall be collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 
and 376, shall remain available until expended. 
TECHNOLOGY ADMINISTRATION 
UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY POLICY 
SALARIES AND EXPENSES 
For necessary expenses for the Under Secretary for Technology/ 
Office of Technology Policy, $9,500,000: Provided, That $2,500,000 
of the total amount provided under this heading shall be available 
to support the United States-Israel Science and Technology Commis-
sion. 
SCIENCE AND TECHNOLOGY 
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES 
For necessary expenses of the National Institute of Standards 
and Technology, $268,000,000, to remain available until expended, 
of which not to exceed $1,625,000 may be transferred to the "Work-
ing Capital Fund". 
INDUSTRIAL TECHNOLOGY SERVICES 
For necessary expenses of the Manufacturing Extension Part-
nership of the National Institute of Standards and Technology, 
$95,000,000, to remain available until expended, of which not to 
exceed $300,000 may be transferred to the "Working Capital Fund": 
Provided, That notwithstanding the time limitations imposed by 15 USC 278k 
15 U.S.C. 278k(c) (1) and (5) on the duration of Federal financial note, 
assistance that may be awarded by the Secretary of Commerce 
110 STAT. 3009-37 
PUBLIC LAW 104-208—SEPT. 30, 1996 
to Regional Centers for the transfer of Manufacturing Technology 
("Centers"), such Federal financial assistance for a Center may 
continue beyond six years and may be renewed for additional peri-
ods, not to exceed one year, at a rate not to exceed one-third 
of the Center's total annual costs, subject before any such renewal 
to a positive evaluation of the Center and to a finding by the 
Secretary of Commerce that continuation of Federal funding to 
the Center is in the best interest of the Regional Centers for 
the transfer of Manufacturing Technology Program. 
In addition, for necessary expenses of the Advanced Technology 
Program of the National Institute of Standards and Technology, 
$225,000,000, to remain available until expended, of which not 
to exceed $500,000 may be transferred to the "Working Capital 
Fund." 
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, 
including 
33 use 851. 
acquisition, maintenance, operation, and hire of aircraft; not to 
exceed 299 commissioned officers on the active list as of September 
30, 1997; grants, contracts, or other payments to nonprofit organiza-
tions for the purposes of conducting activities pursuant to coopera-
tive agreements; and alteration, modernization, and relocation of 
facilities as authorized by 33 U.S.C. 883i; $1,854,067,000, to remain 
available until expended: Provided, That notwithstanding 31 U.S.C. 
3302 but consistent with other existing law, fees shall be assessed, 
collected, and credited to this appropriation as offsetting collections 
to be available until expended, to recover the costs of administering 
aeronautical charting programs: Provided further, That the sum 
herein appropriated from the general fund shall be reduced as 
such additional fees are received during fiscal year 1997, so as 
to result in a final general fund appropriation estimated at not 
more than $1,851,067,000: Provided further. That any such addi-
tional fees received in excess of $3,000,000 in fiscal year 1997 
shall not be available for obligation until October 1, 1997: Provided 
further. That fees and donations received by the National Ocean 
Service for the management of the national marine sanctuaries 
may be retained and used for the salaries and expenses associated 
with those activities, notwithstanding 31 U.S.C. 3302: Provided 
further. That in addition, $66,000,000 shall be derived by transfer 
from the fund entitled "Promote and Develop Fishery Products 
and Research Pertaining to American Fisheries": Provided further. 
That grants to States pursuant to sections 306 and 306A of the 
Coastal Zone Management Act of 1972, as amended, shall not 
exceed $2,000,000: Provided further. That not later than November 
15, 1996, the Department of Commerce, in conjunction with the 
National Oceanic and Atmospheric Administration, shall submit 
to the appropriate committees of the Congress, a long-term plan 
and a legislative proposal necessary to implement such plan regard-
ing the continuation of a National Oceanic and Atmospheric 
Administration commissioned corps. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-38 
COASTAL ZONE MANAGEMENT FUND 
Of amounts collected pursuant to section 308 of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed 
$7,800,000, for 
purposes 
set 
forth 
in sections 
308(b)(2)(A), 
308(b)(2)(B)(v), and 315(e) of such Act. 
CONSTRUCTION 
For repair and modification of, and additions to, existing facili-
ties and construction of new facilities, and for facility planning 
and design and land acquisition not otherwise provided for the 
National Oceanic and Atmospheric Administration, $58,250,000, 
to remain available until expended, of which $8,500,000 shall be 
available only for a grant to the University of New Hampshire 
for construction and related expenses for an environmental tech-
nology facility. 
FLEET MODERNIZATION, SHIPBUILDING AND CONVERSION 
For expenses necessary for the repair, acquisition, leasing, or 
conversion of vessels, including related equipment to maintain and 
modernize the existing fleet and to continue planning the mod-
ernization of the fleet, for the National Oceanic and Atmospheric 
Administration, $8,000,000, to remain available until expended. 
FISHING VESSEL AND GEAR DAMAGE COMPENSATION FUND 
For carrying out the provisions of section 3 of Public Law 
95-376, not to exceed $200,000, to be derived from receipts collected 
pursuant to subsections (b) and (f) of section 10 of the Fishermen's 
Protective Act of 1967 (22 U.S.C. 1980), to remain available until 
expended. 
FISHERMEN'S CONTINGENCY FUND 
For carrying out the provisions of title IV of Public Law 95-
372, not to exceed $1,000,000, to be derived from receipts collected 
pursuant to that Act, to remain available until expended. 
FOREIGN FISHING OBSERVER FUND 
For expenses necessary to carry out the provisions of the Atlan-
tic Tunas Convention Act of 1975, as amended (Public Law 96-
339), the Magnuson Fishery Conservation and Management Act 
of 1976, as amended (Public Law 100-627), and the American 
Fisheries Promotion Act (Public Law 96-561), to be derived from 
the fees imposed under the foreign fishery observer program author-
ized by these Acts, not to exceed $196,000, to remain available 
until expended. 
FISHING VESSEL OBLIGATIONS GUARANTEES 
For the cost of guaranteed loans, $250,000, as authorized by 
the Merchant Marine Act of 1936, as amended: Provided, That 
such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974: 
Provided further. That none of the funds made available under 
this heading may be used to guarantee loans for any new fishing 
110 STAT. 3009-39 
PUBLIC LAW 104-208—SEPT. 30, 1996 
vessel that will increase the harvesting capacity in any United 
States fishery. 
GENERAL ADMINISTRATION 
SALARIES AND EXPENSES 
For expenses necessary for the general administration of the 
Department of Commerce provided for by law, including not to 
exceed $3,000 for official entertainment, $28,490,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
as amended (5 U.S.C. App. 1-11 as amended by Public Law 100-
504), $20,140,000. 
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
CONSTRUCTION OF RESEARCH FACILITIES 
(RESCISSION) 
Of the obligated and unobligated balances available under this 
heading, $16,000,000 are rescinded. 
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
OPERATIONS, R E S E A R C H , AND FACILITIES 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$20,000,000 are rescinded. 
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE 
SEC. 201. During the current fiscal year, applicable appropria-
tions and funds made available to the Department of Commerce 
by this Act shall be available for the activities specified in the 
Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in 
the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 
3324, may be used for advanced payments not otherwise authorized 
only upon the certification of officials designated by the Secretary 
that such pajmients are in the public interest. 
SEC. 202. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries 
and expenses shall be available for hire of passenger motor vehicles 
as authorized by 31 U.S.C. 1343 and 1344; services as authorized 
by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized 
by law (5 U.S.C. 5901-5902). 
SEC. 203. None of the funds made available by this Act may 
be used to support the hurricane reconnaissance aircraft and activi-
ties that are under the control of the United States Air Force 
or the United States Air Force Reserve. 
13 use 23 note. 
SEC. 204. None of the funds provided in this or any previous 
Act, or hereinafter made available to the Department of Commerce, 
shall be available to reimburse the Unemployment Trust Fund 
or any other fund or account of the Treasury to pay for any expenses 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-40 
paid before October 1, 1992, as authorized by section 8501 of title 
5, United States Code, for services performed after April 20, 1990, 
by individuals appointed to temporary positions within the Bureau 
of the Census for purposes relating to the 1990 decennial census 
of population. 
SEC. 205. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce 
in this Act may be transferred between such appropriations, but 
no such appropriation shall be increased by more than 10 percent 
by any such transfers: Provided, That any transfer pursuant to 
this section shall be treated as a reprogramming of funds under 
section 605 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth 
in that section. 
SEC. 206. (a) Should legislation be enacted to dismantle or 
reorganize the Department of Commerce, the Secretary of Com-
merce, no later than 90 days thereafter, shall submit to the Commit-
tees on Appropriations of the House and the Senate a plan for 
transferring funds provided in this Act to the appropriate successor 
organizations: Provided, That the plan shall include a proposal 
for transferring or rescinding funds appropriated herein for agencies 
or programs terminated under such legislation: Provided 
further, 
That such plan shall be transmitted in accordance with section 
605 of this Act. 
(b) The Secretary of Commerce or the appropriate head of 
any successor organization(s) may use any available funds to carry 
out legislation dismantling or reorganizing the Department of Com-
merce to cover the costs of actions relating to the abolishment, 
reorganization, or transfer of functions and any related personnel 
action, including voluntary separation incentives if authorized by 
such legislation: Provided, That the authority to transfer funds 
between appropriations accounts that may be necessary to carry 
out this section is provided in addition to authorities included 
under section 205 of this Act: Provided further, That use of funds 
to carry out this section shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available 
for obligation or expenditure except in compliance with the proce-
dures set forth in that section. 
SEC. 207. Any costs incurred by a Department or agency funded 
under this title resulting from personnel actions taken in response 
to funding reductions included in this title shall be absorbed within 
the total budgetary resources available to such Department or 
agency: Provided, That the authority to transfer funds between 
appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere 
in this Act: Provided further. That use of funds to carry out this 
section shall be treated as a reprogramming of funds under section 
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that 
section. 
SEC. 208. None of the funds appropriated under this Act or 
16 USC 1851 
any other Act henceforth may be used to develop new fishery note. 
management plans, amendments, or regulations which create new 
individual fishing quota programs (whether such quotas are 
transferable or not) or to implement any such plans, amendments 
or regulations approved by a Regional Fishery Management Council 
or the Secretary after January 4, 1995, until offsetting fees to 
110 STAT. 3009-41 
PUBLIC LAW 104-208—SEPT. 30, 1996 
pay for the cost of administering such plans, amendments, or regula-
tions are expressly authorized under the Magnuson Fishery Con-
servation and Management Act (16 U.S.C. 1801 et seq.). This restric-
tion shall also apply to any program relating to the Gulf of Mexico 
commercial red snapper fishery that authorizes the consolidation 
of licenses, permits or endorsements that result in different trip 
limits for vessels in the same class. This restriction shall not apply 
in any way to the North Pacific halibut and sablefish. South Atlantic 
wreckfish, or the Mid-Atlantic surfclam and ocean (including mahog-
any) quohog individual fishing quota programs. The term "individ-
ual fishing quota" does not include a community development quota. 
SEC. 209. The Secretary may award contracts for hydrographic, 
geodetic, and photogrammetric surveying and mapping services in 
accordance with title IX of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 541 et seq.). 
13 use 11 note. 
SEC. 210. There is hereby established the Bureau of the Census 
Working Capital Fund, which shall be available without fiscal year 
limitation, for expenses and equipment necessary for the mainte-
nance and operation of such services and projects as the Director 
of the Census Bureau determines may be performed more advan-
tageously when centralized: Provided, That such central services 
shall, to the fullest extent practicable, be used to make unnecessary 
the maintenance of separate like services in the divisions and 
offices of the Bureau: Provided further, That a separate schedule 
of expenditures and reimbursements, and a statement of the current 
assets and liabilities of the Working Capital Fund as of the close 
of the last completed fiscal year, shall be prepared each year: 
Provided further. That notwithstanding 31 U.S.C. 3302, the Working 
Capital Fund may be credited with advances and reimbursements 
from applicable appropriations of the Bureau and from funds of 
other agencies or entities for services furnished pursuant to law: 
Provided further, That any inventories, equipment, and other assets 
pertaining to the services to be provided by such funds, either 
on hand or on order, less the related liabilities or unpaid obligations, 
and any appropriations made heresifter for the purpose of providing 
capital, shall be used to capitalize the Working Capital Fund: 
Provided further. That the Working Capital Fund shall provide 
for centralized services at rates which will return in full all expenses 
of operation, including depreciation of fund plant and equipment, 
amortization of automated data processing software and hardware 
systems, and an amount necessary to maintain a reasonable operat-
ing reserve as determined by the Director. 
16 use 1801 
SEC. 211. (a) Effective 15 days after the enactment of the 
note. 
Sustainable Fisheries Act, section 1 of the Magnuson Fishery Con-
servation and Management Act (16 U.S.C. 1801) shall be amended 
to read as follows: "That this Act may be cited as the 'Magnuson-
Stevens Fishery Conservation and Management Act'." 
16 use 1801 
(b) Effective 15 days after the enactment of the Sustainable 
iiote. 
Fisheries Act, all references to the Magnuson Fishery Conservation 
and Management Act shall be redesignated as references to the 
Magnuson-Stevens Fishery Conservation and Management Act. 
This title may be cited as the "Department of Commerce and 
Related Agencies Appropriations Act, 1997". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-42 
TITLE III—THE JUDICIARY 
Ipp/opriSs 
SUPREME COURT OF THE UNITED STATES 
SALARIES AND EXPENSES 
For expenses necessary for the operation of the Supreme Court, 
as required by law, excluding care of the building and grounds, 
including purchase or hire, driving, maintenance, and operation 
of an automobile for the Chief Justice, not to exceed $10,000 for 
the purpose of transporting Associate Justices, and hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not 
to exceed $10,000 for official reception and representation expenses; 
and for miscellaneous expenses, to be expended as the Chief Justice 
may approve; $27,157,000. 
CARE OF THE BUILDING AND GROUNDS 
For such expenditures as may be necessary to enable the 
Architect of the Capitol to carry out the duties imposed upon 
him by the Act approved May 7, 1934 (40 U.S.C. 13a-13b), 
$2,800,000, of which $260,000 shall remain 
available 
until 
expended. 
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT 
SALARIES AND EXPENSES 
For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized 
bylaw, $15,013,000. 
UNITED STATES COURT OF INTERNATIONAL TRADE 
SALARIES AND EXPENSES 
For salaries of the chief judge and eight judges, salaries of 
the officers and employees of the court, services as authorized 
by 5 U.S.C. 3109, and necessary expenses of the court, as authorized 
bylaw, $11,114,000. 
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL 
SERVICES 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For the salaries of circuit and district judges (including judges 
of the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the 
United States Court of Federal Claims, bankruptcy judges, mag-
istrate judges, and all other officers and employees of the Federal 
Judiciary not otherwise specifically provided for, and necessary 
expenses of the courts, as authorized by law, $2,556,000,000 (includ-
ing the purchase of firearms and ammunition); of which not to 
exceed $13,454,000 shall remain available until expended for space 
alteration projects; of which $500,000 shall be transferred to the 
Commission on Structural Alternatives for the Federal Courts of 
Act, 1997. 
110 STAT. 3009-43 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Appeals only after legislation is enacted to establish the Commis-
sion; of which not to exceed $10,000,000 shall remain available 
until expended for furniture and furnishings related to new space 
alteration and construction projects; and of which $500,000 is to 
remain available until expended for acquisition of books, periodicals, 
and newspapers, and all other legal reference materials, including 
subscriptions. 
In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Child-
hood Vaccine Injury Act of 1986, not to exceed $2,390,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund. 
For an additional amount for expenses relating to additional 
workload from the Antiterrorism and Effective Death Penalty Act 
of 1996, and for Court Security needs, $10,000,000, to remain avail-
able 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 Con-
trol Act of 1985, as amended: Provided further, That the amount 
not previously designated by the President as an emergency require-
ment shall be available only to the extent an official budget request, 
for a specific dollar amount that includes designation of the entire 
amount of the request as an emergency requirement, as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted to Congress. 
VIOLENT CRIME REDUCTION PROGRAMS 
For activities of the Federal Judiciary as authorized by law, 
$30,000,000, to remain available until expended, which shall be 
derived from the Violent Crime Reduction Trust Fund, as authorized 
by section 190001(a) of PubHc Law 103-322. 
DEFENDER SERVICES 
For the operation of Federal Public Defender and Community 
Defender organizations; the compensation and reimbursement of 
expenses of attorneys appointed to represent persons under the 
Criminal Justice Act of 1964, as amended; the compensation and 
reimbursement of expenses of persons furnishing investigative, 
expert and other services under the Criminal Justice Act (18 U.S.C. 
3006A(e)); the compensation (in accordance with Criminal Justice 
Act maximums) and reimbursement of expenses of attorneys 
appointed to assist the court in criminal cases where the defendant 
has waived representation by counsel; the compensation and 
reimbursement of travel expenses of guardians ad litem acting 
on behalf of financially eligible minor or incompetent offenders 
in connection with transfers from the United States to foreign 
countries with which the United States has a treaty for the execu-
tion of penal sentences; and the compensation of attorneys ap-
FEES OF JURORS AND COMMISSIONERS 
For fees and expenses of jurors as authorized by 28 U.S.C. 
1871 and 1876; compensation of jury commissioners as authorized 
by 28 U.S.C. 1863; and compensation of commissioners appointed 
in condemnation cases pursuant to rule 71A(h) of the Federal 
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)); 
$67,000,000, to remain available until expended: Provided, That 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-44 
the compensation of land commissioners shall not exceed the daily 
equivalent of the highest rate payable under section 5332 of title 
5, United States Code. 
COURT SECURITY 
For necessary expenses, not otherwise provided for, incident 
to the procurement, installation, and maintenance of security equip-
ment and protective services for the United States Courts in court-
rooms and adjacent areas, including building ingress-egress control, 
inspection of packages, directed security patrols, and other similar 
activities as authorized by section 1010 of the Judicial Improvement 
and Access to Justice Act (Public Law 100-702); $127,000,000, 
to be expended directly or transferred to the United States Marshals 
Service which shall be responsible for administering elements of 
the Judicial Security Program consistent with standards or guide-
lines agreed to by the Director of the Administrative Office of 
the United States Courts and the Attorney General. 
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS 
SALARIES AND EXPENSES 
For necessary expenses of the Administrative Office of the 
United States Courts as authorized by law, including travel as 
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle 
as authorized by 31 U.S.C. 1343(b), advertising and rent in the 
District of Columbia and elsewhere, $49,450,000, of which not to 
exceed $7,500 is authorized for official reception and representation 
expenses. 
FEDERAL JUDICIAL CENTER 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Judicial Center, as 
authorized by Public Law 90-219, $17,495,000; of which $1,800,000 
shall remain available through September 30, 1998, to provide 
education and training to Federal court personnel; and of which 
not to exceed $1,000 is authorized for official reception and represen-
tation expenses. 
JUDICIAL RETIREMENT FUNDS 
PAYMENT TO JUDICIARY TRUST FUNDS 
For payment to the Judicial Officers' Retirement Fund, as 
authorized by 28 U.S.C. 377(o), $21,000,000, to the Judicial Survi-
vors' Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,300,000, 
and to the United States Court of Federal Claims Judges' Retire-
ment Fund, as authorized by 28 U.S.C. 178(1), $1,900,000. 
UNITED STATES SENTENCING COMMISSION 
SALARIES A N D EXPENSES 
For the salaries and expenses necessary to carry out the provi-
sions of chapter 58 of title 28, United States Code, $8,490,000, 
of which not to exceed $1,000 is authorized for official reception 
and representation expenses. 
110 STAT. 3009-45 
PUBLIC LAW 104-208—SEPT. 30, 1996 
GENERAL PROVISIONS—^THE JUDICIARY 
SEC. 301. Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available 
for services as authorized by 5 U.S.C. 3109. 
SEC. 302. Appropriations made in this title shall be available 
for salaries and expenses of the Special Court established under 
the Regional Rail Reorganization Act of 1973, Public Law 93-
236. 
SEC. 303. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act 
may be transferred between such appropriations, but no such appro-
priation, except "Courts of Appeals, District Courts, and other 
Judicial Services, Defender Services" and "Courts of Appeals, Dis-
trict Courts, and other Judicial Services, Fees of Jurors and 
Commissioners", shall be increased by more than 10 percent by 
any such transfers: Provided, That any transfer pursuant to this 
section shall be treated as a reprogramming of funds under section 
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that 
section. 
SEC. 304. Notwithstanding any other provision of law, the 
salaries and expenses appropriation for district courts, courts of 
appeals, and other judicial services shall be available for official 
reception and representation expenses of the Judicial Conference 
of the United States: Provided, That such available funds shall 
not exceed $10,000 and shall be administered by the Director of 
the Administrative Office of the United States Courts in his capacity 
as Secretary of the Judicial Conference. 
SEC. 305. Section 612(1) of title 28, United States Code, shall 
be amended as follows: strike "1997", and insert in lieu thereof 
"1998". 
18 use 3626 
SEC. 306. None of the funds available to the Judiciary in 
iiote. 
fiscal years 1996 and 1997 and hereafter shall be available for 
expenses authorized pursuant to section 802(a) of title VIII of 
section 101(a) of title I of the Omnibus Consolidated Rescissions 
and Appropriations Act of 1996, Public Law 104-134, for costs 
related to the appointment of Special Masters prior to April 26, 
1996. 
SEC. 307. The United States courthouse at 310 West Sixth 
Street in Medford, Oregon, shall be known and designated as the 
"James A. Redden Federal Courthouse". 
Any reference in a law, map, regulation, document, paper, 
or other record of the United States to the United States courthouse 
at 310 West Sixth Street in Medford, Oregon, shall be deemed 
to be a reference to the "James A. Redden Federal Courthouse". 
This title may be cited as "The Judiciary Appropriations Act, 
1997". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-46 
TITLE IV—DEPARTMENT OF STATE AND RELATED 
AGENCIES 
DEPARTMENT OF STATE 
ADMINISTRATION OF FOREIGN AFFAIRS 
DIPLOMATIC AND CONSULAR PROGRAMS 
For necessary expenses of the Department of State and the 
Foreign Service not otherwise provided for, including expenses 
authorized by the State Department Basic Authorities Act of 1956, 
as amended; representation to certain international organizations 
in which the United States participates pursuant to treaties, ratified 
pursuant to the advice and consent of the Senate, or specific Acts 
of Congress; acquisition by exchange or purchase of passenger motor 
vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and 
22 U.S.C. 2674; and for expenses of general administration; 
$1,700,450,000: Provided, That notwithstanding section 140(a)(5), 
and the second sentence of section 140(a)(3), of the Foreign Rela-
tions Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236), not to exceed $150,000,000 of fees may be collected during 
fiscal year 1997 under the authority of section 140(a)(1) of that 
Act: Provided further. That all fees collected under the preceding 
proviso shall be deposited in fiscal year 1997 as an offsetting 
collection to appropriations made under this heading to recover 
the costs of providing consular services and shall remain available 
until expended: Provided further. That in fiscal year 1998, a system 
shall be in place that allocates to each department and agency 
the full cost of its presence outside of the United States. 
Of the funds provided under this heading, $24,856,000 shall 
be available only for the Diplomatic Telecommunications Service 
for operation of existing base services and not to exceed $17,230,000 
shall be available only for the enhancement of the Diplomatic 
Telecommunications Service and shall remain available until 
expended. Of the latter amount, $2,500,000 shall not be made 
available until expiration of the 15 day period beginning on the 
date when the Secretary of State and the Director of the Diplomatic 
Telecommunications Service submit the pilot program report 
required by section 507 of Public Law 103-317. 
In addition, not to exceed $700,000 in registration fees collected 
pursuant to section 38 of the Arms Export Control Act, as amended, 
may be used in accordance with section 45 of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2717); and in addition 
not to exceed $1,223,000 shall be derived from fees collected from 
other executive agencies for lease or use of facilities located at 
the International Center in accordance with section 4 of the Inter-
national Center Act (Public Law 90-553), as amended; and in 
addition, as authorized by section 5 of such Act $450,000, to be 
derived from the reserve authorized by that section, to be used 
for the purposes set out in that section; and in addition not to 
exceed $15,000 which shall be derived from reimbursements, sur-
charges, and fees for use of Blair House facilities in accordance 
with section 46 of the State of Department Basic Authorities Act 
of 1956 (22 U.S.C. 2718(a)). 
Notwithstanding section 402 of this Act, not to exceed 20 per-
cent of the amounts made available in this Act in the appropriation 
accounts "Diplomatic and Consular Programs" and "Salaries and 
Department of 
State and 
Related Agencies 
Appropriations 
Act, 1997. 
8 use 1351 note. 
22 use 2695b. 
110 STAT. 3009-47 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Expenses" under the heading "Administration of Foreign Affairs" 
may be transferred between such appropriation accounts: Provided, 
That any transfer pursuant to this sentence shall be treated as 
a reprogramming of funds under section 605 of this Act and shsdl 
not be available for obligation or expenditure except in compliance 
with the procedures set forth in that section. 
For an additional amount for counterterrorism requirements 
overseas, including security guards and equipment, $23,700,000, 
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. 
SALARIES AND EXPENSES 
For expenses necessary for the general administration of the 
Department of State and the Foreign Service, provided for by law, 
including expenses authorized by section 9 of the Act of August 
31, 1964, as amended (31 U.S.C. 3721), and the State Department 
Basic Authorities Act of 1956, as amended, $352,300,000. 
CAPITAL INVESTMENT FUND 
For necessary expenses of the Capital Investment Fund, 
$24,600,000, to remain available until expended, as authorized in 
Public Law 103-236: Provided, That section 135(e) of Public Law 
103-236 shall not apply to funds appropriated under this heading. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
as amended (5 U.S.C. App.), $27,495,000, notwithstanding section 
209(a)(1) of the Foreign Service Act of 1980, as amended (Public 
5 use app. 
Law 96-465), as it relates to post inspections: Provided, That not-
withstanding any other provision of law, the merger of the Office 
of Inspector General of the United States Information Agency with 
the Office of Inspector Greneral of the Department of State provided 
for in the Departments of Commerce, Justice, and State, the 
Judiciary and Related Agencies Appropriations Act, 1996, contained 
in Public Law 104-134, is effective hereafter. 
REPRESENTATION ALLOWANCES 
For representation allowances as authorized by section 905 
of the Foreign Service Act of 1980, as amended (22 U.S.C. 4085), 
$4,490,000. 
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS 
For expenses, not otherwise provided, to enable the Secretary 
of State to provide for extraordinary protective services in accord-
ance with the provisions of section 214 of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, 
$8,332,000, to remain available until September 30, 1998. 
SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS 
For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926, as amended (22 U.S.C. 292-300), and the 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-48 
Diplomatic Security Construction Program as authorized by title 
IV of the Omnibus Diplomatic Security and Antiterrorism Act of 
1986 (22 U.S.C. 4851), $364,495,000, to remain available until 
expended as authorized by section 24(c) of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2696(c)): Provided, That 
none of the funds appropriated in this paragraph shall be available 
for acquisition of furniture and furnishings and generators for other 
departments and agencies. 
For an additional amount for security improvements, necessary 
relocation expenses, and security equipment for United States diplo-
matic facilities and missions overseas, $24,825,000, to remain avail-
able until expended: Provided, That of this amount $9,400,000 
is for security projects on behalf of United States and Foreign 
Commercial Service missions and $1,125,000 is for security projects 
on behalf of United States Information Agency missions: 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 the amount not previously des-
ignated by the President as an emergency requirement shall be 
available only to the extent an official budget request, for a specific 
dollar amount that includes designation of the entire amount of 
the request as an emergency requirement, as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985, as amend-
ed, is transmitted to Congress. 
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE 
For expenses necessary to enable the Secretary of State to 
meet unforeseen emergencies arising in the Diplomatic and Con-
sular Service pursuant to the requirement of 31 U.S.C. 3526(e), 
$5,800,000, to remain available until expended as authorized by 
section 24(c) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2696(c)), of which not to exceed $1,000,000 may 
be transferred to and merged with the Repatriation Loans Program 
Account, subject to the same terms and conditions. 
REPATRIATION 
LOANS 
PROGRAM 
ACCOUNT 
For the cost of direct loans, $593,000, as authorized by section 
4 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 
2671): Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974. In addition, for administrative expenses nec-
essary to carry out the direct loan program, $663,000 which may 
be transferred to and merged with the Salaries and Expenses 
account under Administration of Foreign Affairs. 
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN 
For necessary expenses to carry out the Taiwan Relations Act, 
Public Law 96-8 (93 Stat. 14), $14,490,000. 
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY 
FUND 
For pa5mient to the Foreign Service Retirement and Disability 
Fund, as authorized by law, $126,491,000. 
110 STAT. 3009-49 
PUBLIC LAW 104-208—SEPT. 30, 1996 
22 u s e 269a 
INTERNATIONAL ORGANIZATIONS AND CONFERENCES 
note. 
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 
For expenses, not otherwise provided for, necessary to meet 
annual obligations of membership in international multilateral 
organizations, pursuant to treaties ratified pursuant to the advice 
and consent of the Senate, conventions or specific Acts of Congress, 
$892,000,000: Provided, That any payment of arrearages shall ^e 
directed toward special activities that are mutually agreed upon 
by the United States and the respective international organization: 
Provided further. That 20 percent of the funds appropriated in 
this paragraph for the assessed contribution of the United States 
to the United Nations shall be withheld from obligation and 
expenditure until a certification is made under section 401(b) of 
Public Law 103-236 for fiscal year 1997: Provided further. That 
certification under section 401(b) of Public Law 103-236 for fiscal 
year 1997 may only be made if the Committees on Appropriations 
and Foreign Relations of the Senate and the Committees on Appro-
priations and International Relations of the House of Representa-
tives are notified of the steps taken, and anticipated, to meet 
the requirements of section 401(b) of Public Law 103-236 at least 
15 days in advance of the proposed certification: Provided 
further. 
That none of the funds appropriated in this paragraph shall be 
available for a United States contribution to an international 
organization for the United States share of interest costs made 
known to the United States (government by such organization for 
loans incurred on or after October 1, 1984, through external borrow-
ings: Provided further. That of the funds appropriated in this para-
graph, $100,000,000 may be made available only pursuant to a 
certification by the Secretary of State by no later than January 
30, 1997, that the United Nations has taken no action during 
calendar year 1996 to increase funding for any United Nations 
program without identifying an offsetting decrease elsewhere in 
the United Nations budget and cause the United Nations to exceed 
its no growth budget for the biennium 1996-1997 adopted in Decem-
ber, 1995: Provided further. That if the Secretary of State is unable 
to make the aforementioned certification, the $100,000,000 is to 
be applied to paying the current year assessment for other inter-
national organizations for which the assessment has not been paid 
in full or to paying the assessment due in the next fiscal year 
for such organizations, subject to the reprogramming procedures 
contained in Section 605 of this Act: Provided further. That notwith-
standing section 402 of this Act, not to exceed $10,000,000 may 
be transferred from the funds made available under this heading 
to the "International Conferences and Contingencies" account for 
assessed contributions to new or provisional international organiza-
tions or for travel expenses of official delegates to international 
conferences: Provided further, That any transfer pursuant to this 
paragraph shall be treated as a reprogramming of funds under 
section 605 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth 
in that section. 
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES 
For necessary expenses to pay assessed and other expenses 
of international peacekeeping activities directed to the maintenance 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-50 
or restoration of international peace and security $352,400,000, 
of which $50,000,000 is for pajrment of arrearages accumulated 
in 1995, £ind which shall be available only upon certification by 
the Secretary of State that at least two of the following have 
been achieved: (1) savings of at least $100,000,000 will be achieved 
in the biennial expenses of the following United Nations divisions 
and activities—^the United Nations Conference on Trade and Devel-
opment, the Regional Economic Commissions, the Department of 
Public Information, and the Department of Conference Services, 
travel and overtime; (2) the number of professional and general 
service staff employed by the United Nations Secretariat at the 
conclusion of the 1996-1997 biennium will be at least ten percent 
below the number of such positions on January 1, 1996; and (3) 
the United Nations has adopted a budget outline for the 1998-
1999 biennium that is below $2,608,000,000; as part of a five-
year program to achieve major cost-saving reforms in the United 
Nations and specialized agencies: Provided, That none of the funds 
made available under this Act shall be obligated or expended for 
any new or expanded United Nations peacekeeping mission unless, 
at least fifteen days in advance of voting for the new or expanded 
mission in the United Nations Security Council (or in an emergency, 
as far in advance as is practicable), (1) the Committees on Appro-
priations of the House of Representatives and the Senate and 
other appropriate Committees of the Congress are notified of the 
estimated cost and length of the mission, the vitsd national interest 
that will be served, and the planned exit strategy; and (2) a re-
programming of funds pursuant to section 605 of this Act is submit-
ted, and the procedures therein followed, setting forth the source 
of funds that will be used to pay for the cost of the new or 
expanded mission: Provided further, That funds shall be available 
for peacekeeping expenses only upon a certification by the Secretary 
of State to the appropriate committees of the Congress that Amer-
ican manufacturers and suppliers are being given opportunities 
to provide equipment, services, and material for United Nations 
peacekeeping activities equal to those being given to foreign manu-
facturers and suppliers. 
INTERNATIONAL COMMISSIONS 
For necessary expenses, not otherwise provided for, to meet 22USC269a 
obligations of the United States arising under treaties, or specific note. 
Acts of Congress, as follows: 
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES 
AND MEXICO 
For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and 
Mexico, and to comply with laws applicable to the United States 
Section, including not to exceed $6,000 for representation; as fol-
lows: 
SALARIES AND EXPENSES 
For salaries and expenses, not otherwise provided 
for, 
$15,490,000. 
110 STAT. 3009-51 
PUBLIC LAW 104-208—SEPT. 30, 1996 
CONSTRUCTION 
For detailed plan preparation and construction of authorized 
projects, $6,463,000, to remain available until expended, as author-
ized by section 24(c) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2696(c)). 
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS 
For necessary expenses, not otherwise provided for the Inter-
national Joint 
Commission 
and 
the 
International 
Boundary 
Commission, United States and Canada, as authorized by treaties 
between the United States and Canada or Great Britain, and for 
the Border Environment Cooperation Commission as authorized 
by Public Law 103-182; $5,490,000, of which not to exceed $9,000 
shall be available for representation expenses incurred by the Inter-
national Joint Commission. 
INTERNATIONAL FISHERIES COMMISSIONS 
For necessary expenses for international fisheries commissions, 
not otherwise provided for, as authorized by law, $14,549,000: Pro-
vided, That the United States' share of such expenses may be 
advanced to the respective commissions, pursuant to 31 U.S.C. 
3324. 
OTHER 
PAYMENT TO THE ASIA FOUNDATION 
For a grant to the Asia Foundation, as authorized by section 
501 of Pubhc Law 101-246, $8,000,000, to remain available until 
expended, as authorized by section 24(c) of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2696(c)). 
RELATED AGENCIES 
ARMS CONTROL AND DISARMAMENT AGENCY 
ARMS C O N T R O L AND DISARMAMENT ACTIVITIES 
For necessary expenses not otherwise provided, for arms con-
trol, nonproliferation, and disarmament activities, $41,500,000, of 
which not to exceed $50,000 shall be for official reception and 
representation expenses as authorized by the Act of September 
26, 1961, as amended (22 U.S.C. 2551 et seq.). 
UNITED STATES INFORMATION AGENCY 
SALARIES AND EXPENSES 
For expenses, not otherwise provided for, necessary to enable 
the United States Information Agency, as authorized by the Mutual 
Educational and Cultural Exchange Act of 1961, as amended (22 
U.S.C. 2451 ct seq.), the United States Information and Educational 
Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.), and 
Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to carry out 
international communication, educational and cultural activities; 
and to carry out related activities authorized by law, including 
employment, without regard to civil service and classification laws. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-52 
of persons on a temporary basis (not to exceed $700,000 of this 
appropriation), as authorized by section 801 of such Act of 1948 
(22 U.S.C. 1471), and entertainment, including official receptions, 
within the United States, not to exceed $25,000 as authorized 
by section 804(3) of such Act of 1948 (22 U.S.C. 1474(3)); 
$440,000,000: Provided, That not to exceed $1,400,000 may be used 
for representation abroad as authorized by section 302 of such 
Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign Service 
Act of 1980 (22 U.S.C. 4085): Provided further. That not to exceed 
$7,615,000, to remain available until expended, may be credited 
to this appropriation from fees or other payments received from 
or in connection with English teaching, library, motion pictures, 
and publication programs as authorized by section 810 of such 
Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any other 
law, fees from student advising and counseling: Provided further; 
That not to exceed $1,100,000 to remain available until expended 
may be used to carry out projects involving security construction 
and related improvements for agency facilities not physically located 
together with Department of State facilities abroad. 
For an additional amount for necessary expenses relating to 
security, $1,375,000: 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 Con-
trol Act of 1985, a amended. 
TECHNOLOGY FUND 
For expenses necessary to enable the United States Information 
Agency to provide for the procurement of information technology 
improvements, as authorized by the United States Information and 
Educational Exchange Act of 1948, as amended (22 U.S.C. 1431 
et seq.), the Mutual Educational and Cultural Exchange Act of 
1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization 
Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000, to remain available 
until expended. 
EDUCATIONAL 
AND 
CULTURAL 
EXCHANGE 
PROGRAMS 
For expenses of educational and cultural exchange programs, 
as authorized by the Mutual Educational and Cultural Exchange 
Act of 1961, as amended (22 U.S.C. 2451 et seq.), and Reorganiza-
tion Plan No. 2 of 1977 (91 Stat. 1636), $185,000,000, to remain 
available until expended as authorized by section 105 of such Act 
of 1961 (22 U.S.C. 2455). 
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND 
For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest 
and earnings accruing to the Eisenhower Exchange Fellowship Pro-
gram Trust Fund on or before September 30, 1997, to remain 
available until expended: Provided, That none of the funds appro-
priated herein shall be used to pay any salary or other compensa-
tion, or to enter into any contract providing for the payment thereof, 
in excess of the rate authorized by 5 U.S.C. 5376; or for purposes 
which are not in accordance with 0MB Circulars A-110 (Uniform 
Administrative Requirements) and A-122 (Cost Principles for Non-
110 STAT. 3009-53 
PUBLIC LAW 104-208—SEPT. 30, 1996 
profit Organizations), including the restrictions on compensation 
for personal services. 
ISRAELI ARAB SCHOLARSHIP PROGRAM 
For necessary expenses of the Israeli Arab Scholarship Program 
as authorized by section 214 of the Foreign Relations Authorization 
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest 
and earnings accruing to the Israeli Arab Scholarship Fund on 
or before September 30, 1997, to remain available until expended. 
INTERNATIONAL BROADCASTING OPERATIONS 
For expenses necessary to enable the United States Information 
Agency, as authorized by the United States Information and Edu-
cational Exchange Act of 1948, as amended, the United States 
International Broadcasting Act of 1994, as amended, and Reorga-
nization Plan No. 2 of 1977, to carry out international communica-
tion activities; $325,000,000, of which not to exceed $16,000 may 
be used for official receptions within the United States as authorized 
by section 804(3) of such Act of 1948 (22 U.S.C. 1474(3)), not 
to exceed $35,000 may be used for representation abroad as author-
ized by section 302 of such Act of 1948 (22 U.S.C. 1452) and 
section 905 of the Foreign Service Act of 1980 (22 U.S.C. 4085), 
and not to exceed $39,000 may be used for official reception and 
representation expenses of Radio Free Europe/Radio Liberty; and 
in addition, not to exceed $250,000 from fees as authorized by 
section 810 of such Act of 1948 (22 U.S.C. 1475e), to remain avail-
able until expended for carrying out authorized purposes; and in 
addition, notwithstanding any other provision of law, not to exceed 
$1,000,000 in monies received (including receipts from advertising, 
if any) by or for the use of the United States Information Agency 
from or in connection with broadcasting resources owned by or 
on behalf of the Agency, to be available until expended for carrying 
out authorized purposes. 
BROADCASTING TO CUBA 
For expenses necessary to enable the United States Information 
Agency to carry out the Radio Broadcasting to Cuba Act, as amend-
ed, the Television Broadcasting to Cuba Act, and the International 
Broadcasting Act of 1994, including the purchase, rent, construction, 
and improvement of facilities for radio and television transmission 
and reception, and purchase and installation of necessary equipment 
for radio and television transmission and reception, $25,000,000, 
to remain available until expended. 
RADIO CONSTRUCTION 
For the purchase, rent, construction, and improvement of facili-
ties for radio transmission and reception, and purchase and installa-
tion of necessary equipment for radio and television transmission 
and reception as authorized by section 801 of the United States 
Information and Educational Exchange Act of 1948 (22 U.S.C. 1471), 
$35,490,000, to remain available until expended, as authorized by 
section 704(a) of such Act of 1948 (22 U.S.C. 1477b(a)). 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-54 
EAST-WEST CENTER 
To enable the Director of the United States Information Agency 
to provide for carrying out the provisions of the Center for Cultural 
and Technical Interchange Between East and West Act of 1960 
(22 U.S.C. 2054-2057), by grant to the Center for Cultural and 
Technical Interchange Between East and West in the State of 
Hawaii, $10,000,000: Provided, That none of the funds appropriated 
herein shall be used to pay any salary, or enter into any contract 
providing for the payment thereof, in excess of the rate authorized 
by 5 U.S.C. 5376. 
NORTH/SOUTH CENTER 
To enable the Director of the United States Information Agency 
to provide for carrying out the provisions of the North/South Center 
Act of 1991 (22 U.S.C. 2075), by grant to an educational institution 
in Florida known as the North/South Center, $1,495,000, to remain 
available until expended. 
NATIONAL ENDOWMENT FOR DEMOCRACY 
For grants made by the United States Information Agency 
to the National Endowment for Democracy as authorized by the 
National Endowment for Democracy Act, $30,000,000, to remain 
available until expended. 
GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED 
AGENCIES 
SEC. 401. Funds appropriated under this title shall be available, 
except as otherwise provided, for allowances and differentials as 
authorized by subchapter 59 of 5 U.S.C; for services as authorized 
by 5 U.S.C. 3109; and hire of passenger transportation pursuant 
to 31 U.S.C. 1343(b). 
SEC. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of State 
in this Act may be transferred between such appropriations, but 
no such appropriation, except as otherwise specifically provided, 
shall be increased by more than 10 percent by any such transfers: 
Provided, That not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the United States Informa-
tion Agency in this Act may be transferred between such appropria-
tions, but no such appropriation, except as otherwise specifically 
provided, shall be increased by more than 10 percent by any such 
transfers: Provided further. That any transfer pursuant to this 
section shall be treated as a reprogramming of funds under section 
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that 
section. 
SEC. 403. Funds hereafter appropriated or otherwise made 22USC268c. 
available under this Act or any other Act may be expended for 
compensation of the United States Commissioner of the Inter-
national Boundary Commission, United States and Canada, only 
for actual hours worked by such Commissioner. 
SEC. 404. Funds appropriated by this Act for the United States 
Information Agency, the A*ms Control and Disarmament Agency, 
110 STAT. 3009-55 
PUBLIC LAW 104-208—SEPT. 30, 1996 
and the Department of State may be obligated and expended not-
withstanding section 701 of the United States Information and 
Educational Exchange Act of 1948 and section 313 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995, section 
53 of the Arms Control and Disarmament Act, and section 15 
of the State Department Basic Authorities Act of 1956. 
SEC. 405. Any costs incurred by a Department or agency funded 
under this title resulting from personnel actions taken in response 
to funding reductions included in this title shall be absorbed within 
the total budgetary resources available to such Department or 
agency: Provided, That the authority to transfer funds between 
appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere 
in this Act: Provided further, That use of funds to carry out this 
section shall be treated as a reprogramming of funds under section 
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that 
section. 
SEC. 406. Starting sixty days after enactment of this Act, none 
of the funds made available by this Act may be made available 
to support the activities of the Standing Consultative Commission 
(SCC) unless the President provides to the Congress a report 
containing a detailed analysis of whether the Memorandum of 
Understanding on Succession and the Agreed Statement regarding 
Demarcation agreed to by the Standing Consultative Commission 
on June 24, 1996, which was reaffirmed by Secretary of State 
Warren Christopher and Minister of Foreign Affairs 
Evgeny 
Primakov on September 23, 1996, represent substantive changes 
to the Anti-Ballistic Missile Treaty of 1972 and whether these 
agreements will require the advice and consent of the Senate of 
the United States. 
SEC. 407. Section 1 of the Act of June 4, 1920 (41 Stat. 750; 
22 U.S.C. 214) is amended b y -
CD inserting before the period at the end of the first sen-
tence the following: "; except that the Secretary of State may 
by regulation authorize State officials or the United States 
Postal Service to collect and retain the execution fee for each 
application for a passport accepted by such officials or by that 
Service"; and 
(2) striking the second sentence. 
This title may be cited as the "Department of State and Related 
Agencies Appropriations Act, 1997". 
TITLE V—RELATED AGENCIES 
DEPARTMENT OF TRANSPORTATION 
MARITIME ADMINISTRATION 
OPERATING-DIFFERENTIAL SUBSIDIES 
(LIQUIDATION OF CONTRACT AUTHORITY) 
For the payment of obligations incurred for operating-differen-
tial subsidies, as authorized by the Merchant Marine Act, 1936, 
as amended, $148,430,000, to remain available until expended. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-56 
MARITIME SECURITY PROGRAM 
For necessary expenses to maintain and preserve a U.S.-flag 
merchant fleet to serve the national security needs of the United 
States, $54,000,000, to remain available until expended: Provided, 
That these funds will be available only upon enactment of an 
authorization for this program. 
OPERATIONS AND TRAINING 
For necessary expenses of operations and training activities 
authorized by law, $65,000,000: Provided, That reimbursements 
may be made to this appropriation from receipts to the "Federal 
Ship Financing Fund" for administrative expenses in support of 
that program in addition to any amount heretofore appropriated. 
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT 
For the cost of guaranteed loans, as authorized by the Merchant 
Marine Act, 1936, $37,450,000, to remain available until expended: 
Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974, as amended: Provided further, That these funds are 
available to subsidize total loan principal, any part of which is 
to be guaranteed, not to exceed $1,000,000,000. 
In addition, for administrative expenses to carry out the 
guaranteed loan program, not to exceed $3,450,000, which shall 
be transferred to and merged with the appropriation for Operations 
and Training. 
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION 
Notwithstanding any other provision of this Act, the Maritime 
Administration is authorized to furnish utilities and services and 
make necessary repairs in connection with any lease, contract, 
or occupancy involving Government property under control of the 
Maritime Administration, and payments received therefor shall be 
credited to the appropriation charged with the cost thereof: Pro-
vided, That rental payments under any such lease, contract, or 
occupancy for items other than such utilities, services, or repairs 
shall be covered into the Treasury as miscellaneous receipts. 
No obligations shall be incurred during the current fiscal year 
from the construction fund established by the Merchant Marine 
Act, 1936, or otherwise, in excess of the appropriations and limita-
tions contained in this Act or in any prior appropriation Act, and 
all receipts which otherwise would be deposited to the credit of 
said fund shall be covered into the Treasury as miscellaneous 
receipts. 
COMMISSION FOR THE PRESERVATION OF AMERICA'S HERITAGE 
ABROAD 
SALARIES AND EXPENSES 
For expenses for the Commission for the Preservation of Ameri-
ca's Heritage Abroad, $206,000, as authorized by Public Law 99-
83, section 1303. 
110 STAT. 3009-57 
PUBLIC LAW 104-208—SEPT. 30, 1996 
COMMISSION ON CIVIL RIGHTS 
SALARIES AND EXPENSES 
For necessary expenses of the Commission on Civil Rights, 
including hire of passenger motor vehicles, $8,740,000: Provided, 
That not to exceed $50,000 may be used to employ consultants: 
Provided further, That none of the funds appropriated in this para-
graph shall be used to employ in excess of four full-time individuals 
under Schedule C of the Excepted Service exclusive of one special 
assistant for each Commissioner: Provided further, That none of 
the funds appropriated in this paragraph shall be used to reimburse 
Commissioners for more than 75 billable days, with the exception 
of the Chairperson who is permitted 125 billable days. 
COMMISSION ON IMMIGRATION REFORM 
SALARIES AND EXPENSES 
For necessary expenses of the Commission on Immigration 
Reform pursuant to section 141(f) of the Immigration Act of 1990, 
$2,196,000, to remain available until expended. 
COMMISSION ON SECURITY AND COOPERATION IN EUROPE 
SALARIES AND EXPENSES 
For necessary expenses of the Commission on Security and 
Cooperation in Europe, as authorized by Public Law 94-304, 
$1,090,000, to remain available until expended as authorized by 
section 3 of Public Law 99-7. 
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Equal Emplo5niient Opportunity 
Commission as authorized by title VII of the Civil Rights Act 
of 1964, as amended (29 U.S.C. 206(d) and 621-634), the Americans 
with Disabilities Act of 1990, and the Civil Rights Act of 1991, 
including services as authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343(b); non-monetary 
awards to private citizens; not to exceed $27,500,000, for payments 
to State and local enforcement agencies for services to the Commis-
sion pursuant to title VII of the Civil Rights Act of 1964, as 
amended, sections 6 and 14 of the Age Discrimination in Employ-
ment Act, the Americans with Disabilities Act of 1990, and the 
Civil Rights Act of 1991; $239,740,000: Provided, That the Commis-
sion is authorized to make available for official reception and rep-
resentation expenses not to exceed $2,500 from available funds. 
FEDERAL COMMUNICATIONS COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal 
Communications 
Commission, as authorized by law, including uniforms and allow-
ances therefor, as authorized by 5 U.S.C. 5901-02; not to exceed 
$600,000 for land and structure; not to exceed $500,000 for improve-
ment and care of grounds and repair to buildings; not to exceed 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-58 
$4,000 for official reception and representation expenses; purchase 
(not to exceed sixteen) and hire of motor vehicles; special counsel 
fees; and services as authorized by 5 U.S.C. 3109; $189,079,000, 
of which not to exceed $300,000 shall remain available until Septem-
ber 30, 1998, for research and policy studies: Provided, 
That 
$152,523,000 of offsetting collections shall be assessed and collected 
pursuant to section 9 of title I of the Communications Act of 
1934, as amended, and shall be retained and used for necessary 
expenses in this appropriation, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall 
be reduced as such offsetting collections are received during fiscal 
year 1997 so as to result in a final fiscal year 1997 appropriation 
estimated at $36,556,000: Provided further, That any offsetting 
collections received in excess of $152,523,000 in fiscal year 1997 
shall remain available until expended, but shall not be available 
for obligation until October 1, 1997. 
FEDERAL MARITIME COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Maritime Commission 
as authorized by section 201(d) of the Merchant Marine Act of 
1936, as amended (46 App. U.S.C. 1111), including services as 
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles 
as authorized by 31 U.S.C. 1343(b); and uniforms or allowances 
therefor, as authorized by 5 U.S.C. 5901-02; $14,000,000: Provided, 
That not to exceed $2,000 shall be available for official reception 
and representation expenses. 
FEDERAL TRADE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Trade Commission, 
including uniforms or allowances therefor, as authorized by 5 U.S.C. 
5901-5902; services as authorized by 5 U.S.C. 3109; hire of pas-
senger motor vehicles; and not to exceed $2,000 for official reception 
and representation expenses; $85,930,000:Proi»i(ie(i, That not to 
exceed $300,000 shall be available for use to contract with a person 
or persons for collection services in accordance with the terms 
of 31 U.S.C. 3718, as amended: Provided further. That notwithstand-
ing any other provision of law, not to exceed $58,905,000 of offset-
ting collections derived from fees collected for premerger notification 
filings under the Hart-Scott-Rodino Antitrust Improvements Act 
of 1976 (15 U.S.C. 18(a)) shall be retained and used for necessary 
expenses in this appropriation, and shall remain available until 
expended: Provided further, That the sum herein appropriated from 
the General Fund shall be reduced as such offsetting collections 
are received during fiscal year 1997, so as to result in a final 
fiscal year 1997 appropriation from the General Fund estimated 
at not more than $27,025,000, to remain available until expended: 
Provided further. That any fees received in excess of $58,905,000 
in fiscal year 1997 shall remain available until expended, but shall 
not be available for obligation until October 1, 1997: Provided 
further. That none of the funds made available to the Federal 
Trade Commission shall be available for obligation for expenses 
110 STAT. 3009-59 
PUBLIC LAW 104-208—SEPT. 30, 1996 
authorized by section 151 of the Federal Deposit Insurance Corpora-
tion Improvement Act of 1991 (Public Law 102-242, 105 Stat. 
2282-2285). 
GAMBLING IMPACT STUDY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the National Gambling Impact Study 
Commission, $4,000,000 to remain available until expended: Pro-
vided, That these funds will be available only upon enactment 
of an authorization for this Commission. 
LEGAL SERVICES CORPORATION 
PAYMENT TO THE LEGAL SERVICES CORPORATION 
For payment to the Legal Services Corporation to carry out 
the purposes of the Legal Services Corporation Act of 1974, as 
amended, $283,000,000, of which $274,400,000 is for basic field 
programs and required independent audits; $1,500,000 is for the 
Office of Inspector General, of which such amounts as may be 
necessary may be used to conduct additional audits of recipients; 
and $7,100,000 is for management and administration. 
ADMINISTRATIVE PROVISIONS—LEGAL SERVICES CORPORATION 
SEC. 501. (a) CONTINUATION OF COMPETITIVE SELECTION PROC-
ESS.—None of the funds appropriated in this Act to the Legal 
Services Corporation may be used to provide financial assistance 
to any person or entity except through a competitive selection 
process conducted in accordance with regulations promulgated by 
the Corporation in accordance with the criteria set forth in sub-
sections (c), (d), and (e) of section 503 of Public Law 104-134 
(110 Stat. 1321-52 et seq.). 
(b) 
INAPPLICABILITY OF NONCOMPETITIVE PROCEDURES.—For 
purposes of the funding provided in this Act, rights under sections 
1007(a)(9) and 1011 of the Legal Services Corporation Act (42 
U.S.C. 2996fla)(9) and 42 U.S.C. 2996j) shall not apply. 
SEC. 502. (a) CONTINUATION OF REQUIREMENTS AND RESTRIC-
TIONS.—None of the funds appropriated in this Act to the Legal 
Services Corporation shall be expended for any purpose prohibited 
or limited by, or contrary to any of the provisions of— 
(1) sections 501, 502, 505, 506, and 507 of Public Law 
104-134 (110 Stat. 1321-51 et seq.), and all funds appropriated 
in this Act to the Legal Services Corporation shall be subject 
to the same terms and conditions as set forth in such sections, 
except that all references in such sections to 1995 and 1996 
shall be deemed to refer instead to 1996 and 1997, respectively; 
and 
(2) section 504 of Public Law 104^134 (110 Stat. 1321-
53 et seq.), and all funds appropriated in this Act to the 
Legal Services Corporation shall be subject to the same terms 
and conditions set forth in such section, except that— 
(A) subsection (c) of such section 504 shall not apply; 
(B) paragraph (3) of section 508(b) of Public Law 104-
134 (110 Stat. 1321-58) shall apply with respect to the 
requirements of subsection (a)(13) of such section 504, 
except that all references in such section 508(b) to the 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-60 
date of enactment shall be deemed to refer to April 26, 
1996; and 
(C) subsection (a)(ll) of such section 504 shall not 
be construed to prohibit a recipient from using funds 
derived from a source other than the Corporation to provide 
related legal assistance to— 
(i) an alien who has been battered or subjected 
to extreme cruelty in the United States by a spouse 
or a parent, or by a member of the spouse's or parent's 
family residing in the same household as the alien 
and the spouse or parent consented or acquiesced to 
such battery or cruelty; or 
(ii) an alien whose child has been battered or sub-
jected to extreme cruelty in the United States by a 
spouse or parent of the alien (without the active partici-
pation of the alien in the battery or extreme cruelty), 
or by a member of the spouse's or parent's family 
residing in the same household as the alien and the 
spouse or parent consented or acquiesced to such bat-
tery or cruelty, and the alien did not actively partici-
pate in such battery or cruelty, 
(b) DEFINITIONS.—For purposes of subsection (a)(2)(C): 
(1) The term "battered or subjected to extreme cruelty" 
has the meaning given such term -under regulations issued 
pursuant to subtitle G of the Violence Against Women Act 
of 1994 (Pub. L. 103-322; 108 Stat. 1953). 
(2) The term "related legal assistance" means legal assist-
ance directly related to the prevention of, or obtaining of relief 
from, the battery or cruelty described in such subsection. 
SEC. 
503. 
(a) CONTINUATION OF AUDIT REQUIREMENTS.—The 
requirements of section 509 of Public Law 104-134 (110 Stat. 1321-
58 et seq.), other than subsection (1) of such section, shall apply 
during fiscal year 1997. 
(b) REQUIREMENT OF ANNUAL AUDIT.—^An annual audit of each 
person or entity receiving financial assistance from the Legal Serv-
ices Corporation under this Act shall be conducted during fiscal 
year 1997 in accordance with the requirements referred to in sub-
section (a). 
MARINE MAMMAL COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Marine Mammal Commission 
as authorized by title II of Public Law 92-522, as amended, 
$1,189,000. 
NATIONAL BANKRUPTCY REVIEW COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the National Bankruptcy Review 
Commission, as authorized by the Bankruptcy Reform Act of 1994, 
$494,000. 
110 STAT. 3009-61 
PUBLIC LAW 104-208—SEPT. 30, 1996 
OUNCE OF PREVENTION COUNCIL 
For activities authorized by sections 30101 and 30102 of Public 
Law 103-322 (including administrative costs), $1,500,000, to remain 
available until expended, for the Ounce of Prevention Grant Pro-
gram: Provided, That the Council may accept and use gifts and 
donations, both real and personal, for the purpose of aiding or 
facilitating the authorized activities of the Council, of which not 
to exceed $5,000 may be used for official reception and representa-
tion expenses. 
SECURITIES AND EXCHANGE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses for the Securities and Exchange 
Commission, including services as authorized by 5 U.S.C. 3109, 
the rental of space (to include multiple year leases) in the District 
of Columbia and elsewhere, and not to exceed $3,000 for official 
reception and representation expenses, $260,400,000, of which not 
to exceed $10,000 may be used toward funding a permanent sec-
retariat for the International Organization of Securities Commis-
sions, and of which not to exceed $100,000 shall be available for 
expenses for consultations and meetings hosted by the Commission 
with foreign governmental and other regulatory officials, members 
of their delegations, appropriate representatives and staff to 
exchange views concerning developments relating to securities mat-
ters, development and implementation of cooperation agreements 
concerning securities matters and provision of technical assistance 
for the development of foreign securities markets, such expenses 
to include necessary logistic and administrative expenses and the 
expenses of Commission staff and foreign invitees in attendance 
at such consultations and meetings including (1) such incidental 
expenses as meals taken in the course of such attendance, (2) 
any travel and transportation to or from such meetings, and (3) 
15 use 77fnote, 
any other related lodging or subsistance: Provided, That imme-
diately upon enactment of this Act, the rate of fees under section 
6(b) of the Securities Act of 1933 (15 U.S.C. 77f(b)) shall increase 
from one-fiftieth of one percentum to one-thirty-third of one 
percentum, and such increase shall be deposited as an offsetting 
collection to this appropriation, to remain available until expended, 
to recover costs of services of the securities registration process: 
l5USC78ee 
Provided further. That effective January 1, 1997, every national 
°ote. 
securities association shall pay to the Commission a fee at a rate 
of one-three-hundredth of one percentum of the aggregate dollar 
amount of sales transacted by or through any member of such 
association otherwise than on a national securities exchange (other 
than bonds, debentures, and other evidences of indebtedness) sub-
ject to prompt last sale reporting pursuant to the rules of the 
Commission or a registered national securities association, exclud-
ing any sales for which a fee is paid under section 31 of the 
Securities Exchange Act of 1934 (15 U.S.C. 78ee), and such increase 
shall be deposited as an offsetting collection to this appropriation, 
to remain available until expended, to recover the costs to the 
Government of the supervision and regulation of securities markets 
and securities professionals: Provided further, That the fee due 
from every national securities association shall be paid on or before 
September 30, 1997, with respect to transactions and sales occurring 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-62 
during the period beginning on January 1, 1997, and ending at 
the close of August 31, 1997: Provided further, That the total 
amount appropriated for fiscal year 1997 under this heading shall 
be reduced as all such offsetting fees are deposited to this appropria-
tion so as to result in a final total fiscal year 1997 appropriation 
from the General Fund estimated at not more than $37,778,000: 
Provided 
further. 
That any such fees collected in excess of 
$222,622,000 shall remain available until expended but shall not 
be available for obligation until October 1, 1997. 
SMALL BUSINESS ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 103-403, 
including hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception 
and representation expenses, $223,547,000, of which $1,000,000 
shall only be available for obligation and expenditure for projects 
jointly developed, implemented and administered with the Minority 
Business Development Agency of the Department of Commerce: 
Provided, That the Administrator is authorized to charge fees to 
cover the cost of publications developed by the Small Business 
Administration, and certain loan servicing activities: Provided fur-
ther, That notwithstanding 31 U.S.C. 3302, revenues received from 
all such activities shall be credited to this account, to be available 
for carrying out these purposes without further appropriations: 
Provided further, That $75,500,000 shall be available to fund grants 
for performance in fiscal year 1997 or fiscal year 1998 as authorized 
by section 21 of the Small Business Act, as amended. In addition, 
for expenses not otherwise provided for, of the Small Business 
Administration, $11,500,000, of which: $3,000,000 shall be available 
for a grant to continue the WVHTC Foundation outreach program 
to assist small business development; $7,000,000 shall be available 
for a grant to the Center for Rural Development in Somerset, 
Kentucky, for small business and rural technology development 
assistance; $1,000,000 shall be available for a grant to Indiana 
State University for the renovation and equipping of a training 
facility, to assist in creating small business and economic develop-
ment opportunities; and $500,000 shall be available for a continu-
ation grant to the Center for Entrepreneurial Opportunity in 
Greensburg, Pennsylvania, to provide for small business consulting 
and assistance. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
as amended (5 U.S.C. App. 1-11, as amended by Public Law 100-
504), $9,000,000. 
BUSINESS LOANS PROGRAM ACCOUNT 
For the cost of direct loans, $1,691,000, and for the cost of 
guaranteed loans, $182,017,000, as authorized by 15 U.S.C. 631 
note, of which $2,317,000, to be available until expended, shall 
be for the Microloan Guarantee Program, and of which $40,510,000 
29-194 0-96-8:QL3Part4 
110 STAT. 3009-63 
PUBLIC LAW 104-208—SEPT. 30, 1996 
shall remain available until September 30, 1998: Provided, That 
such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, T'hat during fiscal year 1997, commitments to 
guarantee loans under section 503 of the Small Business Investment 
Act of 1958, as amended, shall not exceed the amount of financings 
authorized under section 20(n)(2)(B) of the Small Business Act, 
as amended. 
In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $94,000,000, which may be trans-
ferred to and merged with the appropriations for Salaries and 
Expenses. 
DISASTER LOANS PROGRAM ACCOUNT 
For the cost of direct loans authorized by section 7(b) of the 
Small Business Act, as amended, $105,432,000, to remain available 
until expended: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974. 
In addition, for administrative expenses to carry out the direct 
loan program, $86,500,000, including not to exceed $500,000 for 
the Office of Inspector General of the Small Business Administra-
tion for audits and reviews of disaster loans and the disaster loan 
program, and said sums may be transferred to and merged with 
appropriations for Salaries and Expenses and Office of Inspector 
General. 
SURETY 
BOND 
GUARANTEES 
REVOLVING 
FUND 
For additional capital for the "Surety Bond Guarantees Revolv-
ing Fund", authorized by the Small Business Investment Act, as 
amended, $3,730,000, to remain available without fiscal year limita-
tion as authorized by 15 U.S.C. 631 note. 
ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION 
SEC. 504. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Small Business Adminis-
tration in this Act may be transferred between such appropriations, 
but no such appropriation shall be increased by more than 10 
percent by any such transfers: Provided, That any transfer pursuant 
to this section shall be treated as a reprogramming of funds under 
section 605 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth 
in that section. 
STATE JUSTICE INSTITUTE 
SALARIES AND EXPENSES 
For necessary expenses of the State Justice Institute, as author-
ized by the State Justice Institute Authorization Act of 1992 (Public 
Law 102-572 (106 Stat. 4515-4516)), $6,000,000, to remain avail-
able until expended: Provided, That not to exceed $2,500 shall 
be available for official reception and representation expenses. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-64 
TITLE VI—GENERAL PROVISIONS 
SEC. 601. No part of any appropriation contained in this Act 
shall be used for publicity or propaganda purposes not authorized 
by the Congress. 
SEC. 602. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein. 
SEC. 603. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available 
for public inspection, except where otherwise provided under exist-
ing law, or under existing Executive order issued pursuant to exist-
ing law. 
SEC. 604. If any provision of this Act or the application of 
such provision to any person or circumstances shall be held invalid, 
the remainder of the Act and the application of each provision 
to persons or circumstances other than those as to which it is 
held invalid shall not be affected thereby. 
SEC. 605. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded 
by this Act that remain available for obligation or expenditure 
in fiscal year 1997, or provided from any accounts in the Treasury 
of the United States derived by the collection of fees available 
to the agencies funded by this Act, shall be available for obligation 
or expenditure through a reprogramming of funds which (1) creates 
new programs; (2) eliminates a program, project, or activity; (3) 
increases funds or personnel by any means for any project or 
activity for which funds have been denied or restricted; (4) relocates 
an office or employees; (5) reorganizes offices, programs, or activi-
ties; or (6) contracts out or privatizes any functions, or activities 
presently performed by Federal employees; unless the Appropria-
tions Committees of both Houses of Congress are notified fifteen 
days in advance of such reprogramming of funds. 
(b) None of the funds provided under this Act, or provided 
under previous appropriations Acts to the agencies funded by this 
Act that remain available for obligation or expenditure in fiscal 
year 1997, or provided from any accounts in the Treasury of the 
United States derived by the collection of fees available to the 
agencies funded by this Act, shall be available for obligation or 
expenditure for activities, programs, or projects through a re-
programming of funds in excess of $500,000 or 10 percent, which-
ever is less, that (1) augments existing programs, projects, or activi-
ties; (2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as 
approved by Congress; or (3) results from any general savings 
from a reduction in personnel which would result in a change 
in existing programs, activities, or projects as approved by Congress; 
unless the Appropriations Committees of both Houses of Congress 
are notified fifteen days in advance of such reprogramming of 
funds. 
SEC. 606. None of the funds made available in this Act may 
be used for the construction, repair (other than emergency repair), 
overhaul, conversion, or modernization of vessels for the National 
Oceanic and Atmospheric Administration in shipyards located out-
side of the United States. 
110 STAT. 3009-65 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SEC. 
607. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND 
PRODUCTS.—It is the sense of the Congress that, to the greatest 
extent practicable, all equipment and products purchased with 
funds made available in this Act should be American-made. 
(b) NOTICE REQUIREMENT.—In providing financial assistance 
to, or entering into any contract with, any entity using funds 
made available in this Act, the head of each Federal agency, to 
the greatest extent practicable, shall provide to such entity a notice 
describing the statement made in subsection (a) 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. 608. None of the funds made available in this Act may 
be used to implement, administer, or enforce any guidelines of 
the Equal Employment Opportunity Commission covering harass-
ment based on religion, when it is made known to the Federal 
entity or official to which such funds are made available that 
such guidelines do not differ in any respect from the proposed 
guidelines published by the Commission on October 1, 1993 (58 
Fed. Reg. 51266). 
SEC. 609. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended to pay for 
any cost incurred for (1) opening or operating any United States 
diplomatic or consular post in the Socialist Republic of Vietnam 
that was not operating on July 11, 1995; (2) expanding any United 
States diplomatic or consular post in the Socialist Republic of Viet-
nam that was operating on July 11, 1995; or (3) increasing the 
total number of personnel assigned to United States diplomatic 
or consular posts in the Socialist Republic of Vietnam above the 
levels existing on July 11, 1995, unless the President certifies 
within 60 days, based upon all information available to the United 
States Government that the Government of the Socialist Republic 
of Vietnam is cooperating in full faith with the United States 
in the following four areas: 
(1) Resolving discrepancy cases, live sightings and field 
activities, 
(2) Recovering and repatriating American remains, 
(3) Accelerating efforts to provide documents that will help 
lead to fullest possible accounting of POW/MIA's. 
(4) Providing further assistance in implementing trilateral 
investigations with Laos. 
SEC. 610. None of the funds made available by this Act may 
be used for any United Nations undertaking when it is made 
known to the Federal official having authority to obligate or expend 
such funds (1) that the United Nations undertaking is a peacekeep-
ing mission, (2) that such undertaking will involve United States 
Armed Forces under the command or operational control of a foreign 
national, and (3) that the President's military advisors have not 
submitted to the President a recommendation that such involvement 
is in the national security interests of the United States and the 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-66 
President has not submitted to the Congress such a recommenda-
tion. 
SEC. 611. None of the funds made available in this Act shall 
be used to provide the following amenities or personal comforts 
in the Federal prison system— 
(1) in-cell television viewing except for prisoners who are 
segregated from the general prison population for their own 
safety; 
(2) the viewing of R, X, and NC-17 rated movies, through 
whatever medium presented; 
(3) any instruction (live or through broadcasts) or training 
equipment for boxing, wrestling, judo, karate, or other martial 
art, or any bodybuilding or weightlifting equipment of any 
sort; 
(4) possession of in-cell coffee pots, hot plates, or heating 
elements; or 
(5) the use or possession of any electric or electronic musical 
instrument. 
SEC. 612. None of the funds made available in title II for 
the National Oceanic and Atmospheric Administration (NOAA) 
under the heading "Fleet Modernization, Shipbuilding and Conver-
sion" may be used to implement sections 603, 604, and 605 of 
Public Law 102-567: Provided, That NOAA may develop a mod-
ernization plan for its fisheries research vessels that takes fully 
into account opportunities for contracting for fisheries surveys. 
SEC. 613. Any costs incurred by a Department or agency funded 
under this Act resulting from personnel actions taken in response 
to funding reductions included in this Act shall be absorbed within 
the total budgetary resources available to such Department or 
agency: Provided, That the authority to transfer funds between 
appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere 
in this Act: Provided further. That use of funds to carry out this 
section shall be treated as a reprogramming of funds under section 
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that 
section. 
SEC. 614. None of the funds made available in this Act to 
the Federal Bureau of Prisons may be used to distribute or make 
available any commercially published information or material to 
a prisoner when it is made known to the Federal official having 
authority to obligate or expend such funds that such information 
or material is sexually explicit or features nudity. 
SEC. 615. Of the funds appropriated in this Act under the 
heading "OFFICE OF JUSTICE PROGRAMS—STATE AND LOCAL 
L
A
W ENFORCEMENT ASSISTANCE" and "Community Oriented Policing 
Services Program", not more than ninety percent of the amount 
to be awarded to an entity under the Local Law Enforcement 
Block Grant and part Q of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 shall be made available to such 
an entity when it is made known to the Federal official having 
authority to obligate or expend such funds that the entity that 
employs a public safety officer (as such term is defined in section 
1204 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968) does not provide such a public safety officer who 
retires or is separated from service due to injury suffered as the 
direct and proximate result of a personal injury sustained in the 
110 STAT. 3009-67 
PUBLIC LAW 104-208—SEPT. 30, 1996 
line of duty while responding to an emergency situation or a hot 
pursuit (as such terms are defined by State law) with the same 
or better level of health insurance benefits that are paid by the 
entity at the time of retirement or separation. 
SEC. 616. LIMITATION ON PATENT INFRINGEMENTS RELATING TO A 
MEDICAL PRACTITIONER'S PERFORMANCE OF A MEDI-
CAL ACTIVITY. 
Section 287 of title 35, United States Code, is amended by 
adding at the end the following new subsection: 
(c)(1) With respect to a medical practitioner's performance of 
a medical activity that constitutes an infringement under section 
271 (a) or (b) of this title, the provisions of sections 281, 283, 
284, and 285 of this title shall not apply against the medical 
practitioner or against a related health care entity with respect 
to such medical activity. 
(2) For the purposes of this subsection: 
(A) the term "medical activity" means the performance 
of a medical or surgical procedure on a body, but shall not 
include (i) the use of a patented machine, manufacture, or 
composition of matter in violation of such patent, (ii) the prac-
tice of a patented use of a composition of matter in violation 
of such patent, or (iii) the practice of a process in violation 
of a biotechnology patent. 
(B) the term "medical practitioner" means any natural 
person who is licensed by a State to provide the medical activity 
described in subsection (c)(1) or who is acting under the direc-
tion of such person in the performance of the medical activity. 
(C) the term "related health care entity" shall mean an 
entity with which a medical practitioner has a professional 
affiliation under which the medical practitioner performs the 
medical activity, including but not limited to a nursing home, 
hospital, 
university, 
medical 
school, health 
maintenance 
organization, group medical practice, or a medical clinic. 
(D) the term "professional affiliation" shall mean staff privi-
leges, medical staff membership, emplo5anent or contractual 
relationship, partnership or ownership interest, 
academic 
appointment, or other affiliation under which a medical practi-
tioner provides the medical activity on behalf of, or in associa-
tion with, the health care entity. 
(E) the term "body" shall mean a human body, organ or 
cadaver, or a nonhuman animal used in medical research or 
instruction directly relating to the treatment of humans. 
(F) the term "patented use of a composition of matter" 
does not include a claim for a method of performing a medical 
or surgical procedure on a body that recites the use of a com-
position of matter where the use of that composition of matter 
does not directly contribute to achievement of the objective 
of the claimed method. 
(G) the term "State" shall mean any state or territory 
of the United States, the District of Columbia, and the Common-
wealth of Puerto Rico. 
(3) This subsection does not apply to the activities of any 
person, or employee or agent of such person (regardless of whether 
such person is a tax exempt organization under section 501(c) 
of the Internal Revenue Code), who is engaged in the commercial 
development, manufacture, sale, importation, or distribution of a 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-68 
machine, manufacture, or composition of matter or the provision 
of pharmacy or clinical laboratory services (other than clinical lab-
oratory services provided in a physician's office), where such activi-
ties are: 
(A) directly related to the commercial development, manu-
facture, sale, importation, or distribution of a machine, manu-
facture, or composition of matter or the provision of pharmacy 
or clinical laboratory services (other than clinical laboratory 
services provided in a physician's office), and 
(B) regulated under the Federal Food, Drug, and Cosmetic 
Act, the Public Health Service Act, or the Clinical Laboratories 
Improvement Act. 
(4) This subsection shall not apply to any patent issued before 
the date of enactment of this subsection. 
SEC. 617, Effective with the enactment of this Act and in 
any fiscal year hereafter, section 8 of Public Law 96-132 is hereby 
repealed. 
SEC. 618. (a) IN GENERAL.—^The Secretary may issue a guaran- 46 use app. 
tee or a commitment to guarantee obligations under title XI of 1273 note, 
the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), 
upon such terms as the Secretary may prescribe, to assist in the 
reactivation and modernization of any shipyard in the United States 
that is closed on the date of the enactment of this Act, if the 
Secretary finds that— 
(1) the closed shipyard historically built military vessels 
and responsible entities now seek to reopen it as an internation-
ally competitive commercial shipyard; 
(2XA) the closed shipyard has been designated by the Presi-
dent as a public-private partnership project; or 
(B) has a reuse plan approved by the Navy in which 
commercial shipbuilding and repair are primary activities and 
has a revolving economic conversion fund approved by the 
Department of Defense; and 
(3) the State in which the shipyard is located, and each 
other involved State, or a State-chartered agency, is making 
a significant financial investment in the overall cost of reactiva-
tion and modernization as its contribution to the reactivation 
and modernization project, in addition to the funds required 
by subsection (dX2) of this section. 
(b) WAIVERS.—^Notwithstanding any other provision of title XI 
of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), 
the Secretary shall not apply the requirements of section 1104A(d) 
of that Act when issuing a guarantee or a commitment to guarantee 
an obligation under this section. 
(c) CONDITIONS.—The Secretary shall impose such conditions 
on the issuance of a guarantee or a commitment to guarantee 
under this section as are necessary to protect the interests of 
the United States from the risk of a default. The Secretary shall 
consider the interdependency of such shipyard modernization and 
reactivation projects and related vessel loan guarantee requests 
pending under title XI of the Merchant Marine Act, 1936 (46 App. 
U.S.C. 1271 et seq.) before issuing a guarantee or a commitment 
to guarantee under this section. 
(d) FUNDING PROVISIONS.— 
(1) The Secretary may not guarantee or commit to guaran-
tee obligations under this section that exceed $50,000,000 in 
the aggregate. 
110 STAT. 3009-69 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(2) The amount of appropriated funds required by the Fed-
eral Credit Reform Act of 1990 (2 U.S.C. 661a et seq.) in 
advance of the Secretary's issuance of a guarantee or a commit-
ment to guarantee under this section shall be provided by 
the State in which the shipyard is located, and other involved 
States, or by a State-chartered agency, and deposited by the 
Secretary in the financing account established under the Fed-
eral Credit Reform Act of 1990 (2 U.S.C. 661a et seq.) for 
loan guarantees issued by the Secretary under title XI of the 
Merchant Marine Act of 1936 (46 App. U.S.C. 1271 et seq.). 
No federally appropriated funds shall be available for this 
purpose. The funds deposited into that financing account shall 
be held and applied by the Secretary in accordance with the 
provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661a et seq.), except that, unless the Secretary shall have 
earlier paid an obligee or been required to pay an obligee 
pursuant to the terms of a loan guarantee, the funds deposited 
in that financing account shall be returned, upon the expiration 
of the Secretary's loan guarantee, to the State, States, or State-
chartered agency which originally provided the funds to the 
Secretary. 
(3) Notwithstanding the provisions of any other law or 
regulation, the cost (as that term is defined by the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661a et seq.)) of a guarantee 
or commitment to guarantee issued under this section— 
(A) may only be determined with reference to the mer-
its of the specific closed shipyard reactivation project which 
is the subject of that guarantee or commitment to guaran-
tee, without reference to any other project, type of project, 
or averaged risk; and 
(B) may not be used in determining the cost of any 
other project, type of project, or averaged risk applicable 
to guarantees or commitments to guarantee issued under 
title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 
1271 et seq.). 
(e) SUNSET.—No commitment to guarantee obligations under 
this section shall be issued by the Secretary after one year after 
the date of enactment of this section. 
(f) DEFINITION.—^As used in this section, the term "Secretary" 
means the Secretary of Transportation. 
TITLE VII—RESCISSIONS 
DEPARTMENT OF JUSTICE 
GENERAL ADMINISTRATION 
WORKING CAPITAL FUND 
(RESCISSION) 
Of the unobligated balances available under this heading on 
October 31, 1996, $30,000,000 are rescinded. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-70 
IMMIGRATION AND NATURALIZATION 
SERVICE 
IMMIGRATION EMERGENCY FUND 
(RESCISSION) 
Of the unobligated balances available under this heading 
$34,779,000 are rescinded. 
TITLE VIII—FISCAL YEAR 1996 SUPPLEMENTAL AND 
RESCISSION 
DEPARTMENT OF JUSTICE 
FEDERAL PRISON SYSTEM 
SALARIES AND EXPENSES 
In addition to funds made available under this heading, 
$40,000,000, which shall remain available until September 30, 1997: 
Provided, That these funds shall be available upon enactment of 
this Act: Provided further, That these funds shall only be available 
if enacted by September 30, 1996. 
(RESCISSION) 
Of the unobligated balances made available under this heading 
until September 30, 1996, $40,000,000 are rescinded: 
Provided, 
That these funds shall only be available for rescission if enacted 
by September 30, 1996. 
TITLE IX—SUPPLEMENTAL APPROPRIATIONS 
DEPARTMENT OF COMMERCE 
ECONOMIC DEVELOPMENT ADMINISTRATION 
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 
For an additional amount for "Economic Development Assist-
ance Programs" for emergency infrastructure expenses resulting 
from Hurricane Fran and Hurricane Hortense and other natural 
disasters, $25,000,000, to remain available until expended: Pro-
vided, That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended. 
RELATED AGENCY 
SMALL BUSINESS 
ADMINISTRATION 
DISASTER LOANS PROGRAM ACCOUNT 
For an additional amount for "Disaster Loans Program Account" 
for emergency expenses resulting from Hurricanes Fran and 
Hortense and other disasters, $113,000,000 for the cost of direct 
loans, to remain available until expended: Provided, That such 
costs, including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974; and for 
110 STAT. 3009-71 
PUBLIC LAW 104-208—SEPT. 30, 1996 
administrative expenses to carry out the disaster loan program, 
$22,000,000, to remain available until expended, which may be 
transferred to and merged with "Salaries and Expenses": Provided 
further. That both amounts are hereby designated by Congress 
as emergency requirements pursuant to section 251(b)(2)(D)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended. 
This Act may be cited as the "Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1997". 
(b) For programs, projects or activities in the Department of 
Defense Appropriations Act, 1997, provided as follows, to be effective 
as if it had been enacted into law as the regular appropriations 
Act: 
Department of 
Defense 
Appropriations 
Act, 1997. 
Post, p. 3009-
119. 
AN ACT 
Making appropriations for the Department of Defense for the fiscal year ending 
September 30, 1997, and for other purposes 
TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel (includ-
ing all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Army on active duty (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), to section 229(b) of 
the Social Security Act (42 U.S.C. 429(b)), and to the Department 
of Defense Military Retirement Fund; $20,633,998,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel (includ-
ing all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Navy on active duty (except members 
of the Reserve provided for elsewhere), midshipmen, and aviation 
cadets; and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), to section 229(b) of 
the Social Security Act (42 U.S.C. 429(b)), and to the Department 
of Defense Military Retirement Fund; $16,986,976,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel (includ-
ing all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Marine Corps on active duty (except 
members of the Reserve provided for elsewhere); and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-72 
U.S.C. 402 note), to section 229(b) of the Social Security Act (42 
U.S.C. 429(b)), and to the Department of Defense Mihtary Retire-
ment Fund; $6,111,728,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel (includ-
ing all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Air Force on active duty (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; and for pa3anents pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), to section 229(b) of 
the Social Security Act (42 U.S.C. 429(b)), and to the Department 
of Defense Military Retirement Fund; $17,069,490,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army Reserve on active 
duty under sections 10211, 10302, and 3038 of title 10, United 
States Code, or while serving on active duty under section 12301(d) 
of title 10, United States Code, in connection with performing 
duty specified in section 12310(a) of title 10, United States Code, 
or while undergoing reserve training, or while performing drills 
or equivalent duty or other duty, and for members of the Reserve 
Officers' Training Corps, and expenses authorized by section 16131 
of title 10, United States Code; and for payments to the Department 
of Defense Military Retirement Fund; $2,073,479,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Navy Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Reserve Officers' Training Corps, and expenses 
authorized by section 16131 of title 10, United States Code; and 
for payments to the Department of Defense Military Retirement 
Fund; $1,405,606,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Marine Corps Reserve 
on active duty under section 10211 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 
10, United States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equivalent 
duty, and for members of the Marine Corps platoon leaders class, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for pa5mients to the Department of Defense Military 
Retirement Fund; $388,643,000. 
110 STAT. 3009-73 
PUBLIC LAW 104-208—SEPT. 30, 1996 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air Force Reserve on 
active duty under sections 10211, 10305, and 8038 of title 10, 
United States Code, or while serving on active duty under section 
12301(d) of title 10, United States Code, in connection with perform-
ing duty specified in section 12310(a) of title 10, United States 
Code, or while undergoing reserve training, or while performing 
drills or equivalent duty or other duty, and for members of the 
Air Reserve Officers' Training Corps, and expenses authorized by 
section 16131 of title 10, United States Code; and for pajonents 
to 
the 
Department 
of Defense 
Military 
Retirement 
Fund; 
$783,697,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army National Guard 
while on duty under section 10211, 10302, or 12402 of title 10 
or section 708 of title 32, United States Code, or while serving 
on duty under section 12301(d) of title 10 or section 502(f) of 
title 32, United States Code, in connection with performing duty 
specified in section 12310(a) of title 10, United States Code, or 
while undergoing training, or while performing drills or equivalent 
duty or other duty, and expenses authorized by section 16131 of 
title 10, United States Code; and for payments to the Department 
of Defense Military Retirement Fund; $3,266,393,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air National Guard on 
duty under section 10211, 10305, or 12402 of title 10 or section 
708 of title 32, United States Code, or while serving on duty 
under section 12301(d) of title 10 or section 502(f) of title 32, 
United States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent duty or 
other duty, and expenses authorized by section 16131 of title 10, 
United States Code; and for payments to the Department of Defense 
Military Retirement Fund; $1,296,490,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; 
and not to exceed $11,437,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Army, and payments may be made on 
his certificate of necessity for confidential military purposes; 
$17,519,340,000 and, in addition, $50,000,000 shall be derived by 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-74 
transfer from the National Defense Stockpile Transaction Fund: 
Provided, That during the current fiscal year and hereafter, funds 
43 USC I47lg. 
appropriated under this paragraph may be made available to the 
Department of the Interior to support the Memorial Day and Fourth 
of July ceremonies and activities in the National Capital Region: 
Provided further. That of the funds appropriated in this paragraph, 
not less than $300,000,000 shall be made available only for conven-
tional ammunition care and maintenance. 
OPERATION AND MAINTENANCE, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, 
as authorized by law; and not to exceed $3,995,000, can be used 
for emergencies and extraordinary expenses, to be expended on 
the approval or authority of the Secretary of the Navy, and pay-
ments may be made on his certificate of necessity for confidential 
military purposes; $20,061,961,000 and, in addition, $50,000,000 
shall be derived by transfer from the National Defense Stockpile 
Transaction Fund. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized 
by law; $2,254,119,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; 
and not to exceed $8,362,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Air Force, and payments may be made 
on his certificate of necessity for confidential military purposes; 
$17,263,193,000 and, in addition, $50,000,000 shall be derived by 
transfer from the National Defense Stockpile Transaction Fund. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Depart-
ment of Defense (other than the military departments), as author-
ized by law; $10,044,200,000, of which not to exceed $25,000,000 
may be available for the CINC initiative fund account; and of 
which not to exceed $28,500,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of Defense, and pajmients may be made on his 
certificate of necessity for confidential military purposes: Provided, 
That of the funds appropriated under this heading, $20,000,000 
shall be made available only for use in federally owned education 
facilities located on military installations for the purpose of transfer-
ring title of such facilities to the local education agency: Provided 
110 STAT. 3009-75 
PUBLIC LAW 104-208—SEPT. 30, 1996 
further, 
That of the funds appropriated under this heading, 
$1,000,000 is available, by grant or other transfer, to the Harnett 
County School Board, Lillington, North Carolina, for use by the 
school board for the education of dependents of members of the 
Armed Forces and employees of the Department of Defense located 
at Fort Bragg and Pope Air Force Base, North Carolina. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $1,119,436,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $886,027,000. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities 
and equipment; hire of passenger motor vehicles; travel and 
transportation; care of the dead; recruiting; procurement of services, 
supplies, and equipment; and communications; $109,667,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications; $1,496,553,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and administering the 
Army National Guard, including medical and hospital treatment 
and related expenses in non-Federal hospitals; maintenance, oper-
ation, and repairs to structures and facilities; hire of passenger 
motor vehicles; personnel services in the National Guard Bureau; 
travel expenses (other than mileage), as authorized by law for 
Army personnel on active duty, for Army National Guard division, 
regimental, and battalion commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifi-
cally authorized by the Chief, National Guard Bureau; supplying 
and equipping the Army National Guard as authorized by law; 
and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft); $2,254,477,000. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-76 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For operation and maintenance of the Air National Guard, 
including medical and hospital treatment and related expenses 
in non-Federal hospitals; maintenance, operation, repair, and other 
necessary expenses of facilities for the training and administration 
of the Air National Guard, including repair of facilities, mainte-
nance, operation, and modification of aircraft; transportation of 
things, hire of passenger motor vehicles; supplies, materials, and 
equipment, as authorized by law for the Air National Guard; and 
expenses incident to the maintenance and use of supplies, materials, 
and equipment, including such as may be furnished from stocks 
under the control of agencies of the Department of Defense; travel 
expenses (other than mileage) on the same basis as authorized 
by law for Air National Guard personnel on active Federal duty, 
for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifi-
cally 
authorized 
by the Chief, 
National 
Guard 
Bureau; 
$2,716,379,000. 
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND 
(INCLUDING TRANSFER OF FUNDS) 
For expenses directly relating to Overseas Contingency Oper-
ations by United States military forces; $1,140,157,000: Provided, 
That the Secretary of Defense may transfer these funds only to 
operation and maintenance accounts within this title: Provided 
further, That the funds transferred shall be merged with and shall 
be available for the same purposes and for the same time period, 
as the appropriation to which transferred: Provided further. That 
the transfer authority provided in this paragraph is in addition 
to any other transfer authority contained elsewhere in this Act. 
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES 
For salaries and expenses necessary for the United States 
Court of Appeals for the Armed Forces; $6,797,000, of which not 
to exceed $2,500 can be used for official representation purposes. 
ENVIRONMENTAL RESTORATION, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $339,109,000, to remain 
available until transferred: Provided, That the Secretary of the 
Army shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous 
waste, removal of unsafe buildings and debris of the Department 
of the Army, or for similar purposes, transfer the funds made 
available by this appropriation to other appropriations made avail-
able to the Department of the Army, to be merged with and to 
be available for the same purposes and for the same time period 
as the appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes provided 
herein, such amounts may be transferred back to this appropriation: 
Provided further. That not more than twenty-five percent of funds 
provided under this heading may be obligated for environmental 
110 STAT. 3009-77 
PUBLIC LAW 104-208—SEPT. 30, 1996 
remediation by the Corps of Engineers under total environmental 
remediation contracts. 
ENVIRONMENTAL RESTORATION, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Navy, $287,788,000, to remain avail-
able until transferred: Provided, That the Secretary of the Navy 
shall, upon determining that such funds are required for environ-
mental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the 
Navy, or for similar purposes, transfer the funds made available 
by this appropriation to other appropriations made available to 
the Department of the Navy, to be merged with and to be available 
for the same purposes and for the same time period as the appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation. 
ENVIRONMENTAL RESTORATION, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Air Force, $394,010,000, to remain 
available until transferred: Provided, That the Secretary of the 
Air Force shall, upon determining that such funds are required 
for environmental restoration, reduction and recycling of hazardous 
waste, removal of unsafe buildings and debris of the Department 
of the Air Force, or for similar purposes, transfer the funds made 
available by this appropriation to other appropriations made avail-
able to the Department of the Air Force, to be merged with and 
to be available for the same purposes and for the same time period 
as the appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes provided 
herein, such amounts may be transferred back to this appropriation. 
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Defense, $36,722,000, to remain 
available until transferred: Provided, That the Secretary of Defense 
shall, upon determining that such funds are required for environ-
mental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of 
Defense, or for similar purposes, transfer the funds made available 
by this appropriation to other appropriations made available to 
the Department of Defense, to be merged with and to be available 
for the same purposes and for the same time period as the appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-78 
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $256,387,000, to remain 
available until transferred: Provided, That the Secretary of the 
Army shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous 
waste, removal of unsafe buildings and debris at sites formerly 
used by the Department of Defense, transfer the funds made avail-
able by this appropriation to other appropriations made available 
to the Department of the Army, to be merged with and to be 
available for the same purposes and for the same time period 
as the appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes provided 
herein, such amounts may be transferred back to this appropriation. 
-
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For expenses relating to the Overseas Humanitarian, Disaster, 
and Civic Aid programs of the Department of Defense (consisting 
of the programs provided under sections 401, 402, 404, 2547, and 
2551 of title 10, United States Code); $49,000,000, to remain avail-
able until September 30, 1998. 
FORMER SOVIET UNION THREAT REDUCTION 
For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for facilitat-
ing the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons compo-
nents, and weapon-related technology and expertise; for programs 
relating to the training and support of defense and military person-
nel for demilitarization and protection of weapons, weapons compo-
nents and weapons technology and expertise; $327,900,000, to 
remain available until expended. 
QUALITY OF LIFE ENHANCEMENTS, DEFENSE 
For expenses, not otherwise provided for, resulting from 
unfunded shortfalls in the repair and maintenance of real property 
of the Department of Defense (including military housing and bar-
racks); $600,000,000, for the maintenance of real property of the 
Department of Defense (including minor construction and major 
maintenance and repair), which shall remain available for obligation 
until September 30, 1998, as follows: 
Army, $149,000,000; 
Navy, $108,000,000; 
Marine Corps, $45,000,000; 
Air Force, $108,000,000; 
Army Reserve, $18,000,000; 
Navy Reserve, $18,000,000; 
Marine Corps Reserve, $9,000,000; 
Air Force Reserve, $15,000,000; 
Army National Guard, $86,000,000; and 
Air National Guard, $44,000,000. 
110 STAT. 3009-79 
PUBLIC LAW 104-208—SEPT. 30, 1996 
TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement 
and installation 
of equipment, 
appliances, 
and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $1,348,434,000, to 
remain available for obligation until September 30, 1999. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement 
and installation 
of equipment, 
appliances, 
and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $1,041,867,000, to 
remain available for obligation until September 30, 1999. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 
ARMY 
For construction, procurement, production, and modification 
of weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, includ-
ing the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment lavaway; and other expenses necessary for the 
foregoing purposes; $1,470,286,000, to remain available for obliga-
tion until September 30, 1999: Provided, That of the funds appro-
priated in this paragraph and notwithstanding the provisions of 
title 31, United States Code, Section 1502(a), not to exceed 
$33,100,000 may be obligated for future year V903 diesel engine 
requirements to maintain the industrial base. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-80 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854, title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement 
and installation 
of equipment, 
appliances, 
and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $1,127,149,000, to 
remain available for obligation until September 30, 1999. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification 
of vehicles, including tactical, support, and non-tracked combat 
vehicles; the purchase of not to exceed 14 passenger motor vehicles 
for replacement only; communications and electronic equipment; 
other support equipment; spare parts, ordnance, and accessories 
therefor; specialized equipment and training devices; expansion of 
public and private plants, including the land necessary therefor, 
for the foregoing purposes, and such lands and interests therein, 
may be. acquired, and construction prosecuted thereon prior to 
approval of title; and procurement and installation of equipment, 
appliances, and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; 
and 
other 
expenses 
necessary 
for 
the 
foregoing 
purposes; 
$3,172,485,000, to remain available for obligation until September 
30, 1999: Provided, That of the funds appropriated in this paragraph 
and notwithstanding the provisions of title 31, United States Code, 
Section 1502(a), not to exceed $2,400,000 may be obligated for 
future year V903 diesel engine requirements to maintain the indus-
trial base. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare 
parts, and accessories therefor; specialized equipment; expansion 
of public and private plants, including the land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement 
and installation 
of equipment, 
appliances, 
and 
machine tools in public and private plants; reserve plant and 
Government 
and 
contractor-owned 
equipment 
layaway; 
$7,027,010,000, to remain available for obligation until September 
30, 1999. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement 
and installation 
of equipment, 
appliances, 
and 
machine tools in public and private plants; reserve plant and 
Government 
and 
contractor-owned 
equipment 
layaway; 
110 STAT. 3009-81 
PUBLIC LAW 104-208—SEPT. 30, 1996 
$1,389,913,000, to remain available for obligation until September 
30, 1999: Provided, That in addition to the foregoing purposes, 
the funds appropriated above under this heading shall be available 
to liquidate reported deficiencies in appropriations provided under 
this heading in prior Department of Defense appropriations acts, 
to the extent such deficiencies cannot otherwise be liquidated pursu-
ant to 31 U.S.C. 1553(b). 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854, title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement 
and installation of equipment, 
appliances, 
and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $289,695,000, to 
remain available for obligation until September 30, 1999. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools 
and installation thereof in public and private plants; reserve plant 
and 
Gk)vernment 
and 
contractor-owned 
equipment 
layaway; 
procurement of critical, long leadtime components and designs for 
vessels to be constructed or converted in the future; and expansion 
of public and private plants, including land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title, as follows: 
For continuation of the SSN-21 attack submarine program, 
$649,071,000; 
NSSN-1 (AP), $296,186,000; 
NSSN-2 (AP), $501,000,000; 
CVN Refuelings, $237,029,000; 
DDG^51 destroyer program, $3,609,072,000; 
Oceanographic ship program, $54,400,000; 
Oceanographic ship SWATH, $45,000,000; 
LCAC landing 
craft 
air 
cushion 
program 
(AP-CY), 
$3,000,000; and 
For craft, outfitting, post delivery, conversions, and first 
destination transportation, $218,907,000; 
In all: $5,613,665,000, to remain available for obligation until 
September 30, 2001: Provided, That additional obligations may 
be incurred after September 30, 2001, for engineering services, 
tests, evaluations, and other such budgeted work that must be 
performed in the final stage of ship construction: Provided 
further. 
That none of the funds herein provided for the construction or 
conversion of any naval vessel to be constructed in shipyards in 
the United States shall be expended in foreign facilities for the 
construction of major components of such vessel: Provided 
further. 
That none of the funds herein provided shall be used for the 
construction of any naval vessel in foreign shipyards. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-82 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of support 
equipment and materials not otherwise provided for, Navy ordnance 
(except ordnance for new aircraft, new ships, and ships authorized 
for conversion); expansion of pubHc and private plants, including 
the land necessary therefor, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior to 
approval of title; and procurement and installation of equipment, 
appliances, and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; 
$3,067,944,000, to remain available for obligation until September 
30, 1999. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare 
parts, and accessories therefor; plant equipment, appliances, and 
machine tools, and installation thereof in public and private plants; 
reserve plant and Government and contractor-owned equipment 
layaway; vehicles for the Marine Corps, including the purchase 
of not to exceed 88 passenger motor vehicles for replacement only; 
and expansion of public and private plants, including land necessary 
therefor, and such lands and interests therein, may be acquired 
and construction prosecuted thereon prior to approval of title; 
$569,073,000, to remain available for obligation until September 
30, 1999. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion of public and private 
plants. Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for 
the foregoing purposes, and such lands and interests therein, may 
be acquired, and construction prosecuted thereon prior to approval 
of title; reserve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things; $6,404,980,000, 
to remain available for obligation until September 30, 1999. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts 
and accessories therefor, ground handling equipment, and training 
devices; expansion of public and private plants. Government-owned 
equipment and installation thereof in such plants, erection of struc-
tures, and acquisition of land, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things; $2,297,145,000, to remain available for 
obligation until September 30, 1999. 
110 STAT. 3009-83 
PUBLIC LAW 104-208—SEPT. 30, 1996 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854, title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement 
and installation 
of equipment, 
appliances, 
and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $293,153,000, to 
remain available for obligation until September 30, 1999. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground elec-
tronic and communication equipment), and supplies, materials, and 
spare parts therefor, not otherwise provided for; the purchase of 
not to exceed 506 passenger motor vehicles for replacement only; 
the purchase of 1 vehicle required for physical security of personnel, 
notwithstanding price limitations applicable to passenger vehicles 
but not to exceed $287,000 per vehicle; and expansion of public 
and private plants. Government-owned equipment and installation 
thereof in such plants, erection of structures, and acquisition of 
land, for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon, 
prior to approval of title; reserve plant and Government and contrac-
tor-owned equipment layaway; $5,944,680,000, to remain available 
for obligation until September 30, 1999. 
PROCUREMENT, DEFENSE-WIDE 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; 
the purchase of not to exceed 389 passenger motor vehicles for 
replacement only; expansion of public and private plants, equip-
ment, and installation thereof in such plants, erection of structures, 
and acquisition of land for the foregoing purposes, and such lands 
and interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; reserve plant and Government 
and contractor-owned 
equipment 
layaway; $1,978,005,000, to 
remain available for obligation until September 30, 1999. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces; $780,000,000, to remain available 
for obligation until September 30, 1999: Provided, That the Chiefs 
of the Reserve and National Guard components shall, not later 
than 30 days after the enactment of this Act, individually submit 
to the congressional defense committees the modernization priority 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-84 
assessment for their respective Reserve or National Guard compo-
nent. 
TITLE IV—RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment; 
$5,062,763,000, to remain available for obligation until September 
30, 1998. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment; 
$8,208,946,000, to remain available for obligation until September 
30, 1998: Provided, That funds appropriated in this paragraph 
which are available for the V-22 may be used to meet unique 
requirements of the Special Operations Forces. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment; 
$14,499,606,000, to remain available for obligation until September 
30, 1998: Provided, That not less than $1,000,000 of the funds 
appropriated in this paragraph shall be made available only to 
assess the budgetary, cost, technical, operational, training, and 
safety issues associated with a decision to eliminate development 
of the F-22B two-seat training variant of the F-22 advanced tactical 
fighter: Provided further. That the assessment required by the 
preceding proviso shall be submitted, in classified and unclassified 
versions, by the Secretary of the Air Force to the congressional 
defense committees not later than February 15, 1997: Provided 
further. 
That of the funds made available in this paragraph, 
$10,000,000 shall be only for development of reusable launch vehicle 
technologies. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic 
and applied scientific research, development, test and evaluation; 
advanced research projects as may be designated and determined 
by the Secretary of Defense, pursuant to law; maintenance, 
rehabilitation, lease, and operation of facilities and equipment; 
$9,362,800,000, to remain available for obligation until September 
30, 1998: Provided, That not less than $304,171,000 of the funds 
appropriated in this paragraph shall be made available only for 
the Sea-Based Wide Area Defense (Navy Upper-Tier) program. 
110 STAT. 3009-85 
PUBLIC LAW 104-208—SEPT. 30, 1996 
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, of independent activi-
ties of the Director, Test and Evaluation in the direction and 
supervision 
of developmental 
test 
and 
evaluation, 
including 
performance and joint developmental testing and evaluation; and 
administrative expenses in connection therewith; $282,038,000, to 
remain available for obligation until September 30, 1998. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evalua-
tion in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is con-
ducted prior to, and in support of, production decisions; joint oper-
ational testing and evaluation; and administrative expenses in 
connection therewith; $24,968,000, to remain available for obligation 
until September 30, 1998. 
TITLE V—REVOLVING AND MANAGEMENT FUNDS 
DEFENSE BUSINESS OPERATIONS FUND 
For the Defense Business Operations Fund; $947,900,000. 
NATIONAL DEFENSE SEALIFT FUND 
For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, 
as established by section 11 of the Merchant Ship Sales Act of 
1946 (50 U.S.C. App. 1744); $1,428,002,000, to remain available 
until expended: Provided, That none of the funds provided in this 
paragraph shall be used to award a new contract that provides 
for the acquisition of any of the following major components unless 
such components are manufactured in the United States: auxiliary 
equipment, including pumps, for all ship-board services; propulsion 
system components (that is; engines, reduction gears, and propel-
lers); shipboard cranes; and spreaders for shipboard cranes: Pro-, 
vided further. That the exercise of an option in a contract awarded 
through the obligation of previously appropriated funds shall not 
be considered to be the award of a new contract: Provided 
further. 
That the Secretary of the military department responsible for such 
procurement may waive these restrictions on a case-by-case basis 
by certifying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate, that adequate domes-
tic supplies are not available to meet Department of Defense 
requirements on a timely basis and that such an acquisition must 
be made in order to acquire capability for national security pur-
poses. 
TITLE VI—OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense, as authorized by 
law; $10,207,308,000, of which $9,937,838,000 shall be for Operation 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-86 
and maintenance, of which not to exceed three percent shall remain 
available until September 30, 1998; and of which $269,470,000, 
to remain available for obligation until September 30, 1999, shall 
be for Procurement: Provided, That of the funds appropriated under 
this heading, $14,500,000 shall be made available for obtaining 
emergency communications services for members of the Armed 
Forces and their families from the American National Red Cross: 
Provided further, That notwithstanding any other provision of law, 
of the funds provided under this heading, the Secretary of Defense 
is directed to use and obligate, within thirty days of enactment 
of this Act, not less than $3,400,000 only to permit private sector 
or non-Federal physicians who have used and will use the anti-
bacterial treatment method based upon the excretion of dead and 
decaying spherical bacteria to work in conjunction with the Walter 
Reed Army Medical Center on a treatment protocol and related 
studies for Desert Storm Syndrome affected veterans. 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 
of the Department of Defense Authorization Act, 1986 (50 U.S.C. 
1521), and for the destruction of other chemical warfare materials 
that are not in the chemical weapon stockpile, $758,447,000, of 
which $478,947,000 shall be for Operation and maintenance, 
$191,200,000 shall be for Procurement to remain available until 
September 30, 1999, and $88,300,000 shall be for Research, develop-
ment, test and evaluation to remain available until September 
30, 1998: Provided, That of the funds made available under this 
heading, $1,000,000 shall be available until expended only for a 
Johnston Atoll off-island leave program: Provided further, 
That 
notwithstanding any other provision of law, the Secretaries con-
cerned may, pursuant to uniform regulations prescribe travel and 
transportation allowances for travel by participants in the off-island 
leave program. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and counter-drug activities of the Depart-
ment of Defense, for transfer to appropriations available to the 
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United 
States Code; for Operation and maintenance; for Procurement; and 
for Research, development, test and evaluation; $807,800,000: Pro-
vided, That the funds appropriated by this paragraph shall be 
available for obligation for the same time period and for the same 
purpose as the appropriation to which transferred: Provided further. 
That the transfer authority provided in this paragraph is in addition 
to any transfer authority contained elsewhere in this Act. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the Inspector Gen-
eral in carrying out the provisions of the Inspector General Act 
of 1978, as amended; $139,157,000, of which $137,157,000 shall 
110 STAT. 3009-87 
PUBLIC LAW 104-208—SEPT. 30, 1996 
be for Operation and maintenance, of which not to exceed $500,000 
is available for emergencies and extraordinary expenses to be 
expended on the approval or authority of the Inspector General, 
and payments may be made on his certificate of necessity for 
confidential military purposes; and of which $2,000,000, to remain 
available until September 30, 1999, shall be for Procurement. 
TITLE VII—RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
SYSTEM FUND 
For pa)mnent to the Central Intelligence Agency Retirement 
and Disability System Fund, to maintain proper funding level for 
continuing the operation of the Central Intelligence Agency Retire-
ment and Disability System; $196,400,000. 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
For necessary expenses of the Intelligence Community Manage-
ment Account; $129,164,000: Provided, That of the funds appro-
priated under this heading, $27,000,000 shall be transferred to 
the Department of Justice for the National Drug Intelligence Center 
to support the Department of Defense's counterdrug monitoring 
and detection responsibilities. 
PAYMENT TO KAHO'OLAWE ISLAND CONVEYANCE, REMEDIATION, AND 
ENVIRONMENTAL RESTORATION FUND 
For payment to Kaho'olawe Island Conveyance, Remediation, 
and Environmental Restoration Fund, as authorized by law; 
$10,000,000, to remain available until expended. 
NATIONAL SECURITY EDUCATION TRUST FUND 
For the purposes of title VIII of Public Law 102-183, 
$5,100,000, to be derived from the National Security Education 
Trust Fund, to remain available until expended. 
TITLE VIII—GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not author-
ized by the Congress. 
10 use 1584 
SEC. 8002. During the current fiscal year, provisions of law 
note. 
prohibiting the payment of compensation to, or employment of, 
any person not a citizen of the United States shall not apply 
to personnel of the Department of Defense: Provided, That salary 
increases granted to direct and indirect hire foreign national 
employees of the Department of Defense funded by this Act shall 
not be at a rate in excess of the percentage increase authorized 
by law for civilian employees of the Department of Defense whose 
pay is computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percentage increase 
provided by the appropriate host nation to its own employees, 
whichever is higher: Provided further, That this section shall not 
apply to Department of Defense foreign service national employees 
serving at United States diplomatic missions whose pay is set 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-88 
by the Department of State under the Foreign Service Act of 1980: 
Provided further. That the limitations of this provision shall not 
apply to foreign national employees of the Department of Defense 
in the Republic of Turkey. 
SEC. 8003. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year, unless expressly so provided herein. 
SEC. 8004. No more than 20 per centum of the appropriations 
in this Act which are limited for obligation during the current 
fiscal year shall be obligated during the last two months of the 
fiscal year: Provided, That this section shall not apply to obligations 
for support of active duty training of reserve components or summer 
camp training of the Reserve Officers' Training Corps. 
(TRANSFER OF FUNDS) 
SEC. 8005. Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, he may, 
with the approval of the Office of Management and Budget, transfer 
not to exceed $2,000,000,000 of working capital funds of the Depart-
ment of Defense or funds made available in this Act to the Depart-
ment of Defense for military functions (except military construction) 
between such appropriations or funds or any subdivision thereof, 
to be merged with and to be available for the same purposes, 
and for the same time period, as the appropriation or fund to 
which transferred: Provided, That such authority to transfer may 
not be used unless for higher priority items, based on unforeseen 
military requirements, than those for which originally appropriated 
and in no case where the item for which funds are requested 
has been denied by Congress: Provided further. That the Secretary 
of Defense shall notify the Congress promptly of all transfers made 
pursuant to this authority or any other authority in this Act: 
Provided further. That no part of the funds in this Act shall be 
available to prepare or present a request to the Committees on 
Appropriations for reprogramming of funds, unless for higher prior-
ity items, based on unforeseen military requirements, than those 
for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the 
Congress. 
(TRANSFER OF FUNDS) 
SEC. 8006. During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established 
pursuant to section 2208 of title 10, United States Code, may 
be maintained in only such amounts as are necessary at any time 
for cash disbursements to be made from such funds: Provided, 
That transfers may be made between such funds and the "Foreign 
Currency Fluctuations, Defense" and "Operation and Maintenance" 
appropriation accounts in such amounts as may be determined 
by the Secretary of Defense, with the approval of the Office of 
Management and Budget, except that such transfers may not be 
made unless the Secretary of Defense has notified the Congress 
of the proposed transfer. Except in amounts equal to the amounts 
appropriated to working capital funds in this Act, no obligations 
may be made against a working capital fund to procure or increase 
the value of war reserve material inventory, unless the Secretary 
of Defense has notified the Congress prior to any such obligation. 
110 STAT. 3009-89 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SEC. 8007. Funds appropriated by this Act may not be used 
to initiate a special access program without prior notification 30 
calendar days in session in advance to the congressional defense 
committees. 
SEC. 8008. None of the funds contained in this Act available 
for the Civilian Health and Medical Program of the Uniformed 
Services shall be available for payments to physicians and other 
non-institutional health care providers in excess of the amounts 
allowed in fiscal year 1996 for similar services, except that: (a) 
for services for which the Secretary of Defense determines an 
increase is justified by economic circumstances, the allowable 
amounts may be increased in accordance with appropriate economic 
index data similar to that used pursuant to title XVIII of the 
Social Security Act; and (b) for services the Secretary determines 
are overpriced based on allowable payments under title XVIII of 
the Social Security Act, the allowable amounts shall be reduced 
by not more than 15 percent (except that the reduction may be 
waived if the Secretary determines that it would impair adequate 
access to health care services for beneficiaries). The Secretary shall 
solicit public comment prior to promulgating regulations to imple-
ment this section. Such regulations shall include a limitation, simi-
lar to that used under title XVIII of the Social Security Act, on 
the extent to which a provider may bill a beneficiary an actual 
charge in excess of the allowable amount. 
SEC. 8009. None of the funds provided in this Act shall be 
available to initiate (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any one 
year of the contract or that includes an unfunded contingent liability 
in excess of $20,000,000, or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order quan-
tity procurement in excess of $20,000,000 in any one year, unless 
the congressional defense committees have been notified at least 
thirty days in advance of the proposed contract award: Provided, 
That no part of any appropriation contained in this Act shall 
be available to initiate a multiyear contract for which the economic 
order quantity advance procurement is not funded at least to the 
limits of the Government's liability: Provided further, That no part 
of any appropriation contained in this Act shall be available to 
initiate multiyear procurement contracts for any systems or compo-
nent thereof if the value of the multiyear contract would exceed 
$500,000,000 unless specifically provided in this Act: Provided fur-
ther. That no multiyear procurement contract can be terminated 
without 10-day prior notification to the congressional defense 
committees: Provided further, 
That the execution of multiyear 
authority shall require the use of a present value analysis to deter-
mine lowest cost compared to an annual procurement: Provided 
further, That notwithstanding Section 8010 of Public Law 104-
61, funds appropriated for the DDG-51 destroyer program in Public 
Law 104-61 may be used to initiate a multiyear contract for the 
Arleigh Burke class destroyer program. 
Funds appropriated in title III of this Act may be used for 
multiyear procurement contracts as follows: 
Javelin missiles; 
Army Tactical Missile System (ATACMS); 
MK19-3 grenade machine guns; 
M16A2 rifles; 
M249 Squad Automatic Weapons; 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-90 
M4 carbine rifles; 
M240B machine guns; and 
Arleigh Burke (DDG-51) class destroyers. 
SEC. 8010. Within the funds appropriated for the operation 
10 USC 401 note, 
and maintenance of the Armed Forces, funds are hereby appro-
priated pursuant to section 401 of title 10, United States Code, 
for humanitarian and civic assistance costs under chapter 20 of 
title 10, United States Code. Such funds may also be obligated 
for humanitarian and civic assistance costs incidental to authorized 
operations and pursuant to authority granted in section 401 of 
chapter 20 of title 10, United States Code, and these obligations 
shall be reported to Congress on September 30 of each year: Pro-
vided, That funds available for operation and maintenance shall 
be available for providing humanitarian and similar assistance 
by using Civic Action Teams in the Trust Territories of the Pacific 
Islands and freely associated states of Micronesia, pursuant to 
the Compact of Free Association as authorized by Public Law 99-
239: Provided further, That upon a determination by the Secretary 
of the Army that such action is beneficial for graduate medical 
education programs conducted at Army medical facilities located 
in Hawaii, the Secretary of the Army may authorize the provision 
of medical services at such facilities and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients from 
American Samoa, the Commonwealth of the Northern Mariana 
Islands, the Marshall Islands, the Federated States of Micronesia, 
Palau, and Guam. 
SEC. 8011. (a) During fiscal year 1997, the civilian personnel 
of the Department of Defense may not be managed on the basis 
of any end-strength, and the management of such personnel during 
that fiscal year shall not be subject to any constraint or limitation 
(known as an end-strength) on the number of such personnel who 
may be employed on the last day of such fiscal year. 
(b) The fiscal year 1998 budget request for the Department 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 1998 Department of Defense budget 
request shall be prepared and submitted to the Congress as if 
subsections (a) and (b) of this provision were effective with regard 
to fiscal year 1998. 
(c) Nothing in this section shall be construed to apply to military 
(civilian) technicians. 
SEC. 8012. Notwithstanding any other provision of law, none 
of the funds made available by this Act shall be used by the 
Department of Defense to exceed, outside the fifty United States, 
its territories, and the District of Columbia, 125,000 civilian 
workyears: Provided, That workyears shall be applied as defined 
in the Federal Personnel Manual: Provided further, That workyears 
expended in dependent student hiring programs for disadvantaged 
youths shall not be included in this workyear limitation. 
SEC. 8013. None of the funds made available by this Act shall 
be used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before 
the Congress. 
SEC. 8014. (a) None of the funds appropriated by this Act 
shall be used to make contributions to the Department of Defense 
Education Benefits Fund pursuant to section 2006(g) of title 10, 
United States Code, representing the normal cost for future benefits 
110 STAT. 3009-91 
PUBLIC LAW 104-208—SEPT. 30, 1996 
under section 3015(c) of title 38, United States Code, for any mem-
ber of the armed services who, on or after the date of enactment 
of this Act— 
(1) enhsts in the armed services for a period of active 
duty of less than three years; or 
(2) receives an enlistment bonus under section 308a or 
308f of title 37, United States Code, 
nor shall any amounts representing the normal cost of such future 
benefits be transferred from the Fund by the Secretary of the 
Treasury to the Secretary of Veterans Affairs pursuant to section 
2006(d) of title 10, United States Code; nor shall the Secretary 
of Veterans Affairs pay such benefits to any such member: Provided, 
That in the case of a member covered by clause (1), these limitations 
shall not apply to members in combat arms skills or to members 
who enlist in the armed services on or after July 1, 1989, under 
a program continued or established by the Secretary of Defense 
in fiscal year 1991 to test the cost-effective use of special recruiting 
incentives involving not more than nineteen noncombat arms skills 
approved in advance by the Secretary of Defense: Provided 
further, 
That this subsection applies only to active components of the Army. 
(b) None of the funds appropriated by this Act shall be available 
for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid 
by the Secretary of Veterans Affairs from the Department of Defense 
Education Benefits Fund when time spent as a full-time student 
is credited toward completion of a service commitment: Provided, 
That this subsection shall not apply to those members who have 
reenlisted with this option prior to October 1, 1987: Provided fur-
ther. That this subsection applies only to active components of 
the Army. 
SEC. 8015. None of the funds appropriated by this Act shall 
be available to convert to contractor performance an activity or 
function of the Department of Defense that, on or after the date 
of enactment of this Act, is performed by more than ten Department 
of Defense civilian employees until a most efficient and cost-effective 
organization analysis is completed on such activity or function 
and certification of the analysis is made to the Committees on 
Appropriations of the House of Representatives and the Senate: 
Provided, That this section shall not apply to a commercial or 
industrial type function of the Department of Defense that: (1) 
is included on the procurement list established pursuant to section 
2 of the Act of June 25, 1938 (41 U.S.C. 47), popularly referred 
to as the Javits-Wagner-O'Day Act; (2) is planned to be converted 
to performance by a qualified nonprofit agency for the blind or 
by a qualified nonprofit agency for other severely handicapped 
individuals in accordance with that Act; or (3) is planned to be 
converted to performance by a qualified firm under 51 percent 
Native American ownership. 
(TRANSFER OF FUNDS) 
SEC. 8016. Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be trans-
ferred to any other appropriation contained in this Act solely for 
the purpose of implementing a Mentor-Protege Program devel-
opmental assistance agreement pursuant to section 831 of the 
National Defense Authorization Act for Fiscal Year 1991 (Public 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-92 
Law 101-510; 10 U.S.C. 2301 note), as amended, under the author-
ity of this provision or any other transfer authority contained in 
this Act. 
SEC. 8017. None of the funds in this Act may be available 
for the purchase by the Department of Defense (and its departments 
and agencies) of welded shipboard anchor and mooring chain 4 
inches in diameter and under unless the anchor and mooring chain 
are manufactured in the United States from components which 
are substantially manufactured in the United States: Provided, 
That for the purpose of this section manufactured will include 
cutting, heat treating, quality control, testing of chain and welding 
(including the forging and shot blasting process): Provided 
further, 
That for the purpose of this section substantially all of the compo-
nents of anchor and mooring chain shall be considered to be pro-
duced or manufactured in the United States if the aggregate cost 
of the components produced or manufactured in the United States 
exceeds the aggregate cost of the components produced or manufac-
tured outside the United States: Provided further, That when ade-
quate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a 
case-by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order 
to acquire capability for national security purposes. 
SEC. 8018. None of the funds appropriated by this Act available 
for the Civilian Health and Medical Program of the Uniformed 
Services (CHAMPUS) shall be available for the reimbursement 
of any health care provider for inpatient mental health service 
for care received when a patient is referred to a provider of inpatient 
mental health care or residential treatment care by a medical 
or health care professional having an economic interest in the 
facility to which the patient is referred: Provided, That this limita-
tion does not apply in the case of inpatient mental health services 
provided under the program for the handicapped under subsection 
(d) of section 1079 of title 10, United States Code, provided as 
partial hospital care, or provided pursuant to a waiver authorized 
by the Secretary of Defense because of medical or psychological 
circumstances of the patient that are confirmed by a health profes-
sional who is not a Federal employee after a review, pursuant 
to rules prescribed by the Secretary, which takes into account 
the appropriate level of care for the patient, the intensity of services 
required by the patient, and the availability of that care. 
SEC. 8019. Funds available in this Act may be used to provide 
transportation for the next-of-kin of individuals who have been 
prisoners of war or missing in action from the Vietnam era to 
an annual meeting in the United States, under such regulations 
as the Secretary of Defense may prescribe. 
SEC. 8020. Notwithstanding any other provision of law, during 
10 USC 2687 
the current fiscal year, the Secretary of Defense may, by Executive ^^ote. 
Agreement, establish with host nation governments in NATO mem-
ber states a separate account into which such residual value 
amounts negotiated in the return of United States military installa-
tions in NATO member states may be deposited, in the currency 
of the host nation, in lieu of direct monetary transfers to the 
United States Treasury: Provided, That such credits may be utilized 
only for the construction of facilities to support United States mili-
tary forces in that host nation, or such real property maintenance 
110 STAT. 3009-93 
PUBLIC LAW 104-208—SEPT. 30, 1996 
and base operating costs that are currently executed through mone-
tary transfers to such host nations: Provided further, That the 
Department of Defense's budget submission for fiscal year 1998 
shall identify such sums anticipated in residual value settlements, 
and identify such construction, real property maintenance or base 
operating costs that shall be funded by the host nation through 
such credits: Provided further. 
That all military construction 
projects to be executed from such accounts must be previously 
approved in a prior Act of Congress: Provided further. That each 
such Executive Agreement with a NATO member host nation shall 
be reported to the congressional defense committees, the Committee 
on International Relations of the House of Representatives and 
the Committee on Foreign Relations of the Senate thirty days 
prior to the conclusion and endorsement of any such agreement 
established under this provision. 
SEC. 8021. None of the funds available to the Department 
of Defense may be used to demilitarize or dispose of M-1 Carbines, 
M-1 Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, 
or M-1911 pistols. 
SEC. 8022. Notwithstanding any other provision of law, none 
of the funds appropriated by this Act shall be available to pay 
more than 50 percent of an amount paid to any person under 
section 308 of title 37, United States Code, in a lump sum. 
SEC. 8023. None of the funds appropriated by this Act shall 
be available for payments under the Department of Defense contract 
with the Louisiana State University Medical Center involving the 
use of cats for Brain Missile Wound Research, and the Department 
of Defense shall not make payments under such contract from 
funds obligated prior to the date of the enactment of this Act, 
except as necessary for costs incurred by the contractor prior to 
the enactment of this Act: Provided, That funds necessary for the 
care of animals covered by this contract are allowed. 
SEC. 8024. Of the funds made available by this Act in title 
III, Procurement, $8,000,000, drawn pro rata from each appropria-
tions account in title III, shall be available for incentive payments 
authorized by section 504 of the Indian Financing Act of 1974, 
25 U.S.C. 1544. These payments shall be available only to contrac-
tors which have submitted subcontracting plans pursuant to 15 
U.S.C. 637(d), and according to regulations which shall be promul-
gated by the Secretary of Defense within 90 days of the passage 
of this Act. 
SEC. 8025. None of the funds provided in this Act or any 
other Act shall be available to conduct bone trauma research at 
any Army Research Laboratory until the Secretary of the Army 
certifies that the synthetic compound to be used in the experiments 
is of such a type that its use will result in a significant medical 
finding, the research has military application, the research will 
be conducted in accordance with the standards set by an animal 
care and use committee, and the research does not duplicate 
research already conducted by a manufacturer or any other research 
organization. 
SEC. 8026. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to procure 
or acquire (1) defensive handguns unless such handguns are the 
M9 or M i l 9mm Department of Defense standard handguns, or 
(2) offensive handguns except for the Special Operations Forces: 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-94 
Provided, That the foregoing shall not apply to handguns and 
ammunition for marksmanship competitions. 
SEC. 8027. No more than $500,000 of the funds appropriated 
or made available in this Act shall be used for any single relocation 
of an organization, unit, activity or function of the Department 
of Defense into or within the National Capital Region: Provided, 
That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the Congressional 
defense committees that such a relocation is required in the best 
interest of the Government. 
SEC. 8028. During the current fiscal year, funds appropriated 
or otherwise available for any Federal agency, the Congress, the 
judicial branch, or the District of Columbia may be used for the 
pay, allowances, and benefits of an employee as defined by section 
2105 of title 5 or an individual employed by the government of 
the District of Columbia, permanent or temporary indefinite, who— 
(1) is a member of a Reserve component of the Armed 
Forces, as described in section 261 of title 10, or the National 
Guard, as described in section 101 of title 32; 
(2) performs, for the purpose of providing military aid 
to enforce the law or providing assistance to civil authorities 
in the protection or saving of life or property or prevention 
of injury— 
(A) Federal service under sections 331, 332, 333, or 
12406 of title 10, or other provision of law, as applicable, 
or 
(B) full-time military service for his or her State, the 
District of Columbia, the Commonwealth of Puerto Rico, 
or a territory of the United States; and 
(3) requests and is granted— 
(A) leave under the authority of this section; or 
(B) annual leave, which may be granted without regard 
to the provisions of sections 5519 and 6323(b) of title 5, 
if such employee is otherwise entitled to such annual leave: 
Provided, That any employee who requests leave under subsection 
(3)(A) for service described in subsection (2) of this section is entitled 
to such leave, subject to the provisions of this section and of the 
last sentence of section 6323(b) of title 5, and such leave shall 
be considered leave under section 6323(b) of title 5. 
SEC. 8029. None of the funds appropriated by this Act shall 
be available to perform any cost study pursuant to the provisions 
of 0MB Circular A-76 if the study being performed exceeds a 
period of twenty-four months after initiation of such study with 
respect to a single function activity or forty-eight months after 
initiation of such study for a multi-function activity. 
SEC. 8030. Funds appropriated by this Act for the American 
Forces Information Service shall not be used for any national or 
international political or psychological activities. 
SEC. 8031. Notwithstanding any other provision of law or regu-
lation, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized 
for the Secretary of Veterans Affairs by section 7455 of title 38, 
United States Code. 
SEC. 8032. None of the funds appropriated or made available 
in this Act shall be used to reduce or disestablish the operation 
of the 53rd Weather Reconnaissance Squadron of the Air Force 
29-194 O - 96 - 9 : QL 3 Part 4 
110 STAT. 3009-95 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Reserve, if such action would reduce the WC-130 Weather Recon-
naissance mission below the levels funded in this Act. 
SEC. 8033. (a) Of the funds for the procurement of supplies 
or services appropriated by this Act, qualified nonprofit agencies 
for the blind or other severely handicapped shall be afforded the 
maximum practicable opportunity to participate as subcontractors 
and suppliers in the performance of contracts let by the Department 
of Defense. 
(b) During the current fiscal year, a business concern which 
has negotiated with a military service or defense agency a sub-
contracting plan for the participation by small business concerns 
pursuant to section 8(d) of the Small Business Act (15 U.S.C. 
637(d)) shall be given credit toward meeting that subcontracting 
goal for any purchases made from qualified nonprofit agencies for 
the blind or other severely handicapped. 
(c) For the purpose of this section, the phrase "qualified non-
profit agency for the blind or other severely handicapped" means 
a nonprofit agency for the blind or other severely handicapped 
that has been approved by the Committee for the Purchase from 
the Blind and Other Severely Handicapped under the Javits-Wag-
ner-0'Day Act (41 U.S.C. 46-48). 
SEC. 8034. During the current fiscal year, net receipts pursuant 
to collections from third party payers pursuant to section 1095 
of title 10, United States Code, shall be made available to the 
local facility of the uniformed services responsible for the collections 
and shall be over and above the facility's direct budget amount. 
SEC. 8035. During the current fiscal year, the Department 
of Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under that section: Provided, 
That, upon receipt, such contributions from the Government of 
Kuwait shall be credited to the appropriation or fund which incurred 
such obligations. 
SEC. 8036. Of the funds made available in this Act, not less 
than $23,626,000 shall be available for the Civil Air Patrol, of 
which $19,926,000 shall be available for Operation and mainte-
nance. 
SEC. 8037. (a) None of the funds appropriated in this Act 
are available to establish a new Department of Defense (depart-
ment) federally funded research and development center (FFRDC), 
either as a new entity, or as a separate entity administered by 
an organization managing another FFRDC, or as a nonprofit mem-
bership corporation consisting of a consortium of other FFRDCs 
and other non-profit entities. 
(b) LIMITATION ON COMPENSATION.—No member of a Board 
of Directors, Trustees, Overseers, Advisory Group, Special Issues 
Panel, Visiting Committee, or any similar entity of a defense 
FFRDC, and no paid consultant to any defense FFRDC, may be 
compensated for his or her services as a member of such entity, 
or as a paid consultant, except under the same conditions, and 
to the same extent, as members of the Defense Science Board: 
Provided, That a member of any such entity referred to previously 
in this subsection shall be allowed travel expenses and per diem 
as authorized under the Federal Joint Travel Regulations, when 
engaged in the performance of membership duties. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-96 
(c) Notwithstanding any other provision of law, none of the 
funds available to the department from any source during fiscal 
year 1997 may be used by a defense FFRDC, through a fee or 
other 
payment 
mechanism, 
for 
charitable 
contributions, 
for 
construction of new buildings, for pa3anent of cost sharing for 
projects funded by government grants, or for absorption of contract 
overruns. 
(d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 1997, not more 
than 5,975 staff years of technical effort (staff years) may be funded 
for defense FFRDCs: Provided, That of the specific amount referred 
to previously in this subsection, not more than 1,088 staff years 
may be funded for the defense studies and analysis FFRDCs. 
(e) Notwithstanding any other provision of law, the Secretary 
of Defense shall control the total number of staff years to be 
performed by defense FFRDCs during fiscal year 1997 so as to 
reduce the total amounts appropriated in titles II, III, and IV 
of this Act by $52,286,000: Prouiffed, That the total amounts appro-
priated in titles II, III, and IV of this Act are hereby reduced 
by $52,286,000 to reflect savings from the use of defense FFRDCs 
by the department. 
(f) Within 60 days after enactment of this Act, the Secretary 
of Defense shall submit to the Congressional defense committees 
a report presenting the specific amounts of staff years of technical 
effort to be allocated by the department for each defense FFRDC 
during fiscal year 1997: Provided, That, after the submission of 
the report required by this subsection, the department may not 
reallocate more than five percent of an FFRDCs staff years among 
other defense FFRDCs until 30 days after a detailed justification 
for any such reallocation is submitted to the Congressional defense 
committees. 
(g) The Secretary of Defense shall, with the submission of 
the department's fiscal year 1998 budget request, submit a report 
presenting the specific amounts of staff years of technical effort 
to be allocated for each defense FFRDC during that fiscal year. 
(h) The total amounts appropriated to or for the use of the 
department in titles II, III, and IV of this Act are hereby further 
reduced by $102,286,000 to reflect savings from the decreased use 
of non-FFRDC consulting services by the department. 
(i) No part of the reductions contained in subsections (e) and 
(h) of this section may be applied against any budget activity, 
activity group, subactivity group, line item, program element, pro-
gram, project, subproject or activity which does not fund defense 
FFRDC activities or non-FFRDC consulting services within each 
appropriation account. 
(j) Not later than 90 days after enactment of this Act, the 
Secretary of Defense shall submit to the congressional defense 
committees a report listing the specific funding reductions allocated 
to each category listed in subsection (i) above pursuant to this 
section. 
SEC. 8038. None of the funds in this or any other Act shall 
be available for the preparation of studies on— 
(a) the feasibility of removal and transportation of unitary 
chemical weapons or agents from the eight chemical storage 
sites within the continental United States to Johnston Atoll: 
Provided, That this prohibition shall not apply to General 
110 STAT. 3009-97 
PUBLIC LAW 104-208—SEPT. 30, 1996 
41 use lOb-2. 
Accounting Office studies requested by a Member of Congress 
or a Congressional Committee; and 
(b) the potential future uses of the nine chemical disposal 
facilities other than for the destruction of stockpile chemical 
munitions and as limited by section 1412(c)(2), Public Law 
99-145: Provided, That this prohibition does not apply to future 
use studies for the CAMDS facility at Tooele, Utah. 
SEC. 8039. None of the funds appropriated or made available 
in this Act shall be used to procure carbon, alloy or armor steel 
plate for use in any Government-owned facility or property under 
the control of the Department of Defense which were not melted 
and rolled in the United States or Canada: Provided, That these 
procurement restrictions shall apply to any and all Federal Supply 
Class 9515, American Society of Testing and Materials (ASTM) 
or American Iron and Steel Institute (AISI) specifications of carbon, 
alloy or armor steel plate: Provided further. That the Secretary 
of the military department responsible for the procurement may 
waive this restriction on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representa-
tives and the Senate that adequate domestic supplies are not avail-
able to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to 
acquire capability for national security purposes: Provided 
further. 
That these restrictions shall not apply to contracts which are in 
being as of the date of enactment of this Act. 
SEC. 8040. For the purposes of this Act, the term "congressional 
defense committees" means the National Security Committee of 
the House of Representatives, the Armed Services Committee of 
the Senate, the subcommittee on Defense of the Committee on 
Appropriations of the Senate, and the subcommittee on National 
Security of the Committee on Appropriations of the House of Rep-
resentatives. 
SEC. 8041. During the current fiscal year, the Department 
of Defense may acquire the modification, depot maintenance and 
repair of aircraft, vehicles and vessels as well as the production 
of components and other Defense-related articles, through competi-
tion between Department of Defense depot maintenance activities 
and private firms: Provided, That the Senior Acquisition Executive 
of the military department or defense agency concerned, with power 
of delegation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and private 
bids: Provided further. That Office of Management and Budget 
Circular A-76 shall not apply to competitions conducted under 
this section. 
SEC. 8042. (a)(1) If the Secretary of Defense, after consultation 
with the United States Trade Representative, determines that a 
foreign country which is party to an agreement described in para-
graph (2) has violated the terms of the agreement by discriminating 
against certain types of products produced in the United States 
that are covered by the agreement, the Secretary of Defense shall 
rescind the Secretary's blanket waiver of the Buy American Act 
with respect to such types of products produced in that foreign 
country. 
(2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the 
United States and a foreign country pursuant to which the Secretary 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-98 
of Defense has prospectively waived the Buy American Act for 
certain products in that country. 
(b) The Secretary of Defense shall submit to Congress a report 
on the amount of Department of Defense purchases from foreign 
entities in fiscal year 1997. Such report shall separately indicate 
the dollar value of items for which the Buy American Act was 
waived pursuant to any agreement described in subsection (a)(2), 
the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or 
any international agreement to which the United States is a party. 
(c) For purposes of this section, the term "Buy American Act" 
means title III of the Act entitled "An Act making appropriations 
for the Treasury and Post Office Departments for the fiscal year 
ending June 30, 1934, and for other purposes", approved March 
3, 1933 (41 U.S.C. 10a et seq.). 
SEC. 8043. Appropriations contained in this Act that remain 
available at the end of the current fiscal year as a result of energy 
cost savings realized by the Department of Defense shall remain 
available for obligation for the next fiscal year to the extent, and 
for the purposes, provided in section 2865 of title 10, United States 
Code. 
SEC. 8044. During the current fiscal year and hereafter, vol- 10 USC 1175 
untary separation incentives payable under 10 U.S.C. 1175 may note. 
be paid in such amounts as are necessary from the assets of the 
Voluntary Separation 
Incentive Fund established by section 
1175(h)(1). 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8045. Amounts deposited during the current fiscal year 
to the special account established under 40 U.S.C. 485(h)(2) and 
to the special account established under 10 U.S.C. 2667(d)(1) are 
appropriated and shall be available until transferred by the Sec-
retary of Defense to current applicable appropriations or funds 
of the Department of Defense under the terms and conditions 
specified by 40 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C. 
2667(d)(1)(B), to be merged with and to be available for the same 
time period and the same purposes as the appropriation to which 
transferred. 
SEC. 8046. During the current fiscal year, appropriations avail-
able to the Department of Defense may be used to reimburse 
a member of a reserve component of the Armed Forces who is 
not otherwise entitled to travel and transportation allowances and 
who occupies transient government housing while performing active 
duty for training or inactive duty training: Provided, That such 
members may be provided lodging in kind if transient government 
quarters are unavailable as if the member was entitled to such 
allowances under subsection (a) of section 404 of title 37, United 
States Code: Provided further. That if lodging in kind is provided, 
any authorized service charge or cost of such lodging may be paid 
directly from funds appropriated for operation and maintenance 
of the reserve component of the member concerned. 
SEC. 8047. The President shall include with each budget for 
10 USC 221 note. 
a fiscal year submitted to the Congress under section 1105 of 
title 31, United States Code, materials that shall identify clearly 
and separately the amounts requested in the budget for appropria-
tion for that fiscal year for salaries and expenses related to adminis-
trative activities of the Department of Defense, the military depart-
ments, and the Defense Agencies. 
110 STAT. 3009-99 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SEC. 8048. Notwithstanding any other provision of law, funds 
available for "Drug Interdiction and Counter-Drug Activities, 
Defense" may be obligated for the Young Marines program. 
SEC. 8049. During the current fiscal year, amounts contained 
in the Department of Defense Overseas Military Facility Investment 
Recovery Account established by section 2921(c)(1) of the National 
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 
2687 note) shall be available until expended for the payments 
specified by section 2921(c)(2) of that Act. 
10 use 1281 
SEC. 8050. During the current fiscal year and hereafter, annual 
note. 
payments granted under the provisions of section 4416 of the 
National Defense Authorization Act for Fiscal Year 1993 (Public 
Law 102-484; 106 Stat. 2714) shall be made from appropriations 
in this Act which are available for the pay of reserve component 
personnel. 
SEC. 8051. Of the funds appropriated or otherwise made avail-
able by this Act, not more than $119,200,000 shall be available 
for payment of the operating costs of NATO Headquarters: Provided, 
That the Secretary of Defense may waive this section for Depart-
ment of Defense support provided to NATO forces in and around 
the former Yugoslavia. 
SEC. 8052. During the current fiscal year, appropriations which 
are available to the Department of Defense for operation and 
maintenance may be used to purchase items having an investment 
item unit cost of not more than $100,000. 
10 use 1293 
SEC. 8053. During the current fiscal year and hereafter, appro-
°^ote. 
priations available for the pay and allowances of active duty mem-
bers of the Armed Forces shall be available to pay the retired 
pay which is payable pursuant to section 4403 of Public Law 102-
484 (10 U.S.C. 1293 note) under the terms and conditions provided 
in section 4403. 
SEC. 8054. (a) During the current fiscal year, none of the 
appropriations or funds available to the Defense Business Oper-
ations Fund shall be used for the purchase of an investment item 
for the purpose of acquiring a new inventory item for sale or 
anticipated sale during the current fiscal year or a subsequent 
fiscal year to customers of the Defense Business Operations Fund 
if such an item would not have been chargeable to the Defense 
Business Operations Fund during fiscal year 1994 and if the pur-
chase of such an investment item would be chargeable during 
the current fiscal year to appropriations made to the Department 
of Defense for procurement. 
(b) The fiscal year 1998 budget request for the Department 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 1998 Department of Defense budget 
shall be prepared and submitted to the Congress on the basis 
that any equipment which was classified as an end item and funded 
in a procurement appropriation contained in this Act shall be budg-
eted for in a proposed fiscal year 1998 procurement appropriation 
and not in the supply management business area or any other 
area or category of tne Defense Business Operations Fund. 
SEC. 8055. None of the funds provided in this Act shall be 
available for use by a Military Department to modify an aircraft, 
weapon, ship or other item of equipment, that the Military Depart-
ment concerned plans to retire or otherwise dispose of within five 
years after completion of the modification: Provided, That this 
prohibition shall not apply to safety modifications: Provided further. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-100 
That this prohibition may be waived by the Secretary of a Military 
Department if the Secretary determines it is in the best national 
security interest of the United States to provide such waiver and 
so notifies the congressional defense committees in writing. 
SEC. 8056. None of the funds appropriated by this Act for 
programs of the Central Intelligence Agency shall remain available 
for obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 1998. 
SEC. 8057. Notwithstanding any other provision of law, funds 
made available in this Act for the Defense Intelligence Agency 
may be used for the design, development, and deployment of Gen-
eral Defense Intelligence Program intelligence communications and 
intelligence information systems for the Services, the Unified and 
Specified Commands, and the component commands. 
SEC. 8058. (a) Notwithstanding any other provision of law, 
funds appropriated in this Act for the High Performance Computing 
Modernization Program shall be made available only for the acquisi-
tion, modernization and sustainment of supercomputing capability 
and capacity at Department of Defense (DoD) science and technology 
sites under the cognizance of the Director of Defense Research 
and Engineering and DoD test and evaluation facilities under the 
Director of Test and Evaluation, OUSD (A&T): Provided, That 
these funds shall be awarded based on user-defined requirements. 
(b) Of the funds appropriated in this Act under the heading 
"Procurement, Defense-Wide", $124,735,000 shall be made available 
for the High Performance Computing Modernization Program. Of 
the total funds made available for the program pursuant to this 
subsection, $20,000,000 shall be for the Army High Performance 
Computing Research Center. 
SEC. 8059. Of the funds appropriated by the Department of 
Defense under the heading "Operation and Maintenance, Defense-
Wide", not less than $8,000,000 shall be made available only for 
the mitigation of environmental impacts, including training and 
technical assistance to tribes, related administrative support, the 
gathering of information, documenting of environmental damage, 
and developing a system for prioritization of mitigation, on Indian 
lands resulting from Department of Defense activities. 
SEC. 8060. Amounts collected for the use of the facilities of 
the National Science Center for Communications and Electronics 
during the current fiscal year pursuant to section 1459(g) of the 
Department of Defense Authorization Act, 1986 and deposited to 
the special account established under subsection 1459(g)(2) of that 
Act are appropriated and shall be available until expended for 
the operation and maintenance of the Center as provided for in 
subsection 1459(g)(2). 
SEC. 8061. None of the funds appropriated in this Act may 
be used to fill the commander's position at any military medical 
facility with a health care professional unless the prospective can-
didate can demonstrate professional administrative skills. 
SEC. 8062. (a) None of the funds appropriated in this Act 
may be expended by an entity of the Department of Defense unless 
the entity, in expending the funds, complies with Buy American 
Act. For purposes of this subsection, the term "Buy American Act" 
means title III of the Act entitled "An Act making appropriations 
for the Treasury and Post Office Departments for the fiscal year 
110 STAT. 3009-101 
PUBLIC LAW 104-208—SEPT. 30, 1996 
ending June 30, 1934, and for other purposes", approved March 
3, 1933 (41 U.S.C. 10a et seq.). 
(b) If the Secretary of Defense determines that a person has 
been convicted of intentionally affixing a label bearing a "Made 
in America" inscription to any product sold in or shipped to the 
United States that is not made in America, the Secretary shall 
determine, in accordance with section 2410f of title 10, United 
States Code, whether the person should be debarred from contract-
ing with the Department of Defense. 
(c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Con-
gress that any entity of the Department of Defense, in expending 
the appropriation, purchase only American-made equipment and 
products, provided that American-made equipment and products 
are cost-competitive, quality-competitive, and available in a timely 
fashion. 
SEC. 8063. None of the funds appropriated by this Act shall 
be available for a contract for studies, analyses, or consulting serv-
ices entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the procure-
ment determines— 
(1) as a result of thorough technical evaluation, only one 
source is found fully qualified to perform the proposed work, 
or 
(2) the purpose of the contract is to explore an unsolicited 
proposal which offers significant scientific or technological 
promise, represents the product of original thinking, and was 
submitted in confidence by one source, or 
(3) the purpose of the contract is to take advantage of 
unique and significant industrial accomplishment by a specific 
concern, or to insure that a new product or idea of a specific 
concern is given financial support: 
Provided, That this limitation shall not apply to contracts in an 
amount of less than $25,000, contracts related to improvements 
of equipment that is in development or production, or contracts 
as to which a civilian official of the Department of Defense, who 
has been confirmed by the Senate, determines that the award 
of such contract is in the interest of the national defense. 
SEC. 8064. Funds appropriated by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress 
for purposes of section 504 of the National Security Act of 1947 
(50 U.S.C. 414). 
50 use 1521 
SEC. 8065. Notwithstanding section 142 of H.R. 3230, the 
note. 
National Defense Authorization Act for Fiscal Year 1997, as passed 
by the Senate on September 10, 1996, of the funds provided in 
title VI of this Act, under the heading "Chemical Agents and Muni-
tions Destruction, Defense", $40,000,000 shall only be available 
for the conduct of a pilot program to identify and demonstrate 
not less than two alternatives to the baseline incineration process 
for the demilitarization of assembled chemical munitions: Provided, 
That the Under Secretary of Defense for Acquisition and Technology 
shall, not later than December 1, 1996, designate a program man-
ager who is not, nor has been, in direct or immediate control 
of the baseline reverse assembly incineration demilitarization pro-
gram to carry out the pilot program: Provided further, That the 
Under Secretary of Defense for Acquisition and Technology shall 
evaluate the effectiveness of each alternative chemical munitions 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-102 
demilitarization technology identified and demonstrated under the 
pilot program to demilitarize munitions and assembled chemical 
munitions while meeting all applicable Federal and State environ-
mental and safety requirements: Provided further, That the Under 
Secretary of Defense for Acquisition and Technology shall transmit, 
by December 15 of each year, a report to the congressional defense 
committees on the activities carried out under the pilot program 
during the preceding fiscal year in which the report is to be made: 
Provided further, That section 142(f)(3) of H.R. 3230, the National 50 USC 1521 
Defense Authorization Act for Fiscal Year 1997, as passed by the ^°^^-
Senate on September 10, 1996, is repealed: Provided further. That 
no funds may be obligated for the construction of a baseline inciner-
ation facility at the Lexington Blue Grass Army Depot or the 
Pueblo Depot activity until 180 days after the Secretary of Defense 
has submitted to the congressional defense committees a report 
detailing the effectiveness of each alternative chemical munitions 
demilitarization technology identified and demonstrated under the 
pilot program and its ability to meet the applicable safety and 
environmental requirements: Provided further. That none of the 
funds in this or any other Act may be obligated for the preparation 
of studies, assessments, or planning of the removal and transpor-
tation of stockpile assembled unitary chemical weapons or neutral-
ized chemical agent to any of the eight chemical weapons storage 
sites within the continental United States. 
SEC. 8066. (a) None of the funds made available by this Act 
may be obligated for design, development, acquisition, or operation 
of more than 47 Titan IV expendable launch vehicles, or for satellite 
mission-model planning for a Titan IV requirement beyond 47 
vehicles. 
(b) $59,600,000 made available in this Act for Research, Devel-
opment, Test and Evaluation, Air Force, may only be obligated 
for development of a new family of medium-lift and heavy-lift 
expendable launch vehicles evolved from existing technologies. 
SEC. 8067. None of the funds available to the Department 
of Defense in this Act may be used to establish additional field 
operating agencies of any element of the Department during fiscal 
year 1997, except for field operating agencies funded within the 
National Foreign Intelligence Program: Provided, That the Sec-
retary of Defense may waive this section by certifying to the House 
and Senate Committees on Appropriations that the creation of 
such field operating agencies will reduce either the personnel and/ 
or financial requirements of the Department of Defense. 
SEC. 8068. Notwithstanding section 303 of Public Law 96-
487 or any other provision of law, the Secretary of the Navy is 
authorized to lease real and personal property at Naval Air Facility, 
Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for commercial, indus-
trial or other purposes. 
SEC. 8069. Notwithstanding any other provision of law, for 
10 USC note 
resident classes entering the war colleges after September 30, 1997, P^ec. 2161. 
the Department of Defense shall require that not less than 20 
percent of the total of United States military students at each 
war college shall be from military departments other than the 
hosting military department: Provided, That each military depart-
ment will recognize the attendance at a sister military department 
war college as the equivalent of attendance at its own war college 
for promotion and advancement of personnel. 
110 STAT. 3009-103 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(RESCISSIONS) 
SEC. 8070. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from 
the following accounts in the specified amounts: 
"Procurement 
of 
Ammunition, 
Army, 
1995/1997", 
$4,500,000; 
"Aircraft Procurement, Navy, 1995/1997", $8,000,000; 
"Procurement of Ammunition, Navy and Marine Corps, 
1995/1997", $2,000,000; 
"Other Procurement, Navy, 1995/1997", $10,000,000; 
"Aircraft Procurement, Air Force, 1995/1997", $3,100,000; 
"Missile Procurement, Air Force, 1995/1997", $31,900,000; 
"Aircraft Procurement, Navy, 1996/1998", $5,400,000; 
"Procurement of Ammunition, Navy and Marine Corps, 
1996/1998", $12,708,000; 
"Aircraft Procurement, Air Force, 1996/1998", $9,000,000; 
"Missile Procurement, Air Force, 1996/1998", $20,000,000; 
"Other Procurement, Air Force, 1996/1998", $26,000,000; 
"Research, Development, Test and Evaluation, Navy 1996/ 
1997", $4,500,000. 
SEC. 8071. None of the funds provided in this Act may be 
obligated for payment on new contracts on which allowable costs 
charged to the government include payments for individual com-
pensation at a rate in excess of $250,000 per year. 
SEC. 8072. Of the funds appropriated in the Department of 
Defense Appropriations Act, 1996 (Public Law 104-61), under the 
heading "Other Procurement, Army", the Department of the Army 
shall grant $477,000 to the Kansas Unified School District 207 
for the purpose of integrating schools at Fort Leavenworth into 
the existing fiber optic network on post. 
SEC. 8073. None of the funds available in this Act may be 
used to reduce the authorized positions for military (civilian) techni-
cians of the Army National Guard, the Air National Guard, Army 
Reserve and Air Force Reserve for the purpose of applying any 
administratively imposed civilian personnel ceiling, freeze, or reduc-
tion on military (civilian) technicians, unless such reductions are 
a direct result of a reduction in military force structure. 
SEC. 8074. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance 
to the Democratic People's Republic of North Korea unless specifi-
cally appropriated for that purpose. 
SEC. 8075. During the current fiscal year, funds appropriated 
in this Act are available to compensate members of the National 
Guard for duty performed pursuant to a plan submitted by a Gov-
ernor of a State and approved by the Secretary of Defense under 
section 112 of title 32, United States Code: Provided, That during 
the performance of such duty, the members of the National Guard 
shall be under State command and control: Provided further. That 
such duty shall be treated as full-time National Guard duty for 
purposes of sections 12602 (a)(2) and (b)(2) of title 10, United 
States Code. 
SEC. 8076. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Unified and Specified 
Commands and Defense Agencies shall be available for reimburse-
ment of pay, allowances and other expenses which would otherwise 
be incurred against appropriations for the National Guard and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-104 
Reserve when members of the National Guard and Reserve provide 
inteUigence support to Unified Commands, Defense Agencies and 
Joint Intelligence Activities, including the activities and programs 
included within the General Defense Intelligence Program and the 
Consolidated Cryptologic Program: Provided, That nothing in this 
section authorizes deviation from established Reserve and National 
Guard personnel and training procedures. 
SEC. 8077. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical 
and medical support personnel assigned to military treatment facili-
ties below the September 30, 1996 level: Provided, That the Service 
Surgeons General may waive this section by certifying to the 
congressional defense committees that the beneficiary population 
is declining in some catchment areas and civilian strength reduc-
tions may be consistent with responsible resource stewardship and 
capitation-based budgeting. 
SEC. 8078. All refunds or other amounts collected in the 
administration of the Civilian Health and Medical Program of the 
Uniformed Services (CHAMPUS) shall be credited to current year 
appropriations. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8079. None of the funds appropriated in this Act may 
be transferred to or obligated from the Pentagon Reservation 
Maintenance Revolving Fund, unless the Secretary of Defense cer-
tifies that the total cost for the planning, design, construction 
and installation of equipment for the renovation of the Pentagon 
Reservation will not exceed $1,118,000,000. 
SEC. 8080. (a) None of the funds available to the Department 
10 USC 374 note. 
of Defense for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in an 
appropriations law. 
(b) None of the funds available to the Central Intelligence 50USC403f 
Agency for any fiscal year for drug interdiction and counter-drug °ote. 
activities may be transferred to any other department or agency 
of the United States except as specifically provided in an appropria-
tions law. 
(TRANSFER OF FUNDS) 
SEC. 8081. Appropriations available in this Act under the head-
ing "Operation and Maintenance, Defense-Wide" for increasing 
energy and water efficiency in Federal buildings may, during their 
period of availability, be transferred to other appropriations or 
funds of the Department of Defense for projects related to increasing 
energy and water efficiency, to be merged with and to be available 
for the same general purposes, and for the same time period, 
as the appropriation or fund to which transferred. 
SEC. 8082. None of the funds appropriated by this Act may 
be used for the procurement of ball and roller bearings other than 
those produced by a domestic source and of domestic origin: Pro-
vided, That the Secretary of the military department responsible 
for such procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropria-
tions of the House of Representatives and the Senate, that adequate 
domestic supplies are not available to meet Department of Defense 
110 STAT. 3009-105 
PUBLIC LAW 104-208—SEPT. 30, 1996 
requirements on a timely basis and that such an acquisition must 
be made in order to acquire capability for national security pur-
poses. 
SEC. 8083. Notwithstanding any other provision of law, funds 
available to the Department of Defense shall be made available 
to provide transportation of medical supplies and equipment, on 
a nonreimbursable basis, to American Samoa: Provided, That not-
withstanding any other provision of law, funds available to the 
Department of Defense shall be made available to provide transpor-
tation of medical supplies and equipment, on a nonreimbursable 
basis, to the Indian Health Service when it is in conjunction with 
a civil-military project. 
SEC. 8084. None of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the 
United States, unless the Secretary of Defense certifies to the 
congressional defense committees that such an acquisition must 
be made in order to acquire capability for national security purposes 
that is not available from United States manufacturers. 
SEC. 8085. Notwithstanding any other provision of law, the 
Naval shipyards of the United States shall be eligible to participate 
in any manufacturing extension program financed by funds appro-
priated in this or any other Act. 
SEC. 8086. None of the funds appropriated by this Act shall 
be available to lease or charter a vessel in excess of seventeen 
months (inclusive of any option periods) to transport fuel or oil 
for the Department of Defense if the vessel was constructed after 
October 1, 1995 unless the Secretary of Defense requires that 
the vessel be constructed in the United States with a double hull 
under the long-term lease or charter authority provided in section 
2401 note of title 10, United States Code: Provided, That this 
limitation shall not apply to contracts in force on the date of 
enactment of this Act: Provided further. That by 1997 at least 
20 percent of annual leases and charters must be for ships of 
double hull design constructed after October 1, 1995 if available 
in numbers sufficient to satisfy this requirement: Provided further. 
That the Military Sealift Command shall plan to achieve the.goal 
of eliminating single hull ship leases by the year 2015. 
(TRANSFER OF FUNDS) 
SEC. 8087. In addition to amounts appropriated or otherwise 
made available by this Act, $300,000,000 is hereby appropriated 
to the Department of Defense and shall be available only for transfer 
to the United States Coast Guard. 
SEC. 8088. Notwithstanding any other provision in this Act, 
the total amount appropriated in this Act is hereby reduced by 
$150,000,000 to reflect savings from reduced carryover of activities 
funded through the Defense Business Operations Fund, to be 
distributed as follows: "Operation 
and Maintenance, Army", 
$60,000,000; and "Operation and Maintenance, Navy", $90,000,000. 
SEC. 8089. Notwithstanding any other provision of law, each 
contract awarded by the Department of Defense during the current 
fiscal year for construction or service performed in whole or in 
part in a State which is not contiguous with another State and 
has an unemployment rate in excess of the national average rate 
of unemployment as determined by the Secretary of Labor, shall 
include a provision requiring the contractor to employ, for the 
purpose of performing that portion of the contract in such State 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-106 
that is not contiguous with another State, individuals who are 
residents of such State and who, in the case of any craft or trade, 
possess or would be able to acquire promptly the necessary skills: 
Provided, That the Secretary of Defense may waive the require-
ments of this section, on a case-by-case basis, in the interest of 
national security. 
SEC. 8090. During the current fiscal year, the Army shall 
use the former George Air Force Base as the airhead for the 
National Training Center at Fort Irwin: Provided, That none of 
the funds in this Act shall be obligated or expended to transport 
Army personnel into Edwards Air Force Base for training rotations 
at the National Training Center. 
SEC. 8091. (a) The Secretary of Defense shall submit, on a 
quarterly basis, a report to the congressional defense committees, 
the Committee on International Relations of the House of Rep-
resentatives and the Committee on Foreign Relations of the Senate 
setting forth all costs (including incremental costs) incurred by 
the Department of Defense during the preceding quarter in 
implementing or supporting resolutions of the United Nations Secu-
rity Council, including any such resolution calling for international 
sanctions, international peacekeeping operations, and humanitarian 
missions undertaken by the Department of Defense. The quarterly 
report shall include an aggregate of all such Department of Defense 
costs by operation or mission. 
(b) The Secretary of Defense shall detail in the quarterly reports 
all efforts made to seek credit against past United Nations expendi-
tures and all efforts made to seek compensation from the United 
Nations for costs incurred by the Department of Defense in 
implementing and supporting United Nations activities. 
SEC. 8092 (a) LIMITATION ON TRANSFER OF DEFENSE ARTICLES 
AND SERVICES.—Notwithstanding any other provision of law, none 
of the funds available to the Department of Defense for the current 
fiscal year may be obligated or expended to transfer to another 
nation or an international organization any defense articles or 
services (other than intelligence services) for use in the activities 
described in subsection (b) unless the congressional defense commit-
tees, the Committee on International Relations of the House of 
Representatives, and the Committee on Foreign Relations of the 
Senate are notified 15 days in advance of such transfer. 
(b) COVERED ACTIVITIES.—(1) This section applies to— 
(A) any international peacekeeping or peace-enforcement 
operation under the authority of chapter VI or chapter VII 
of the United Nations Charter under the authority of a United 
Nations Security Council resolution; and 
(B) any other international peacekeeping, peace-enforce-
ment, or humanitarian assistance operation. 
(c) REQUIRED NOTICE.—^A notice under subsection (a) shall 
include the following: 
(1) A description of the equipment, supplies, or services 
to be transferred. 
(2) A statement of the value of the equipment, supplies, 
or services to be transferred. 
(3) In the case of a proposed transfer of equipment or 
supplies— 
(A) a statement of whether the inventory requirements 
of all elements of the Armed Forces (including the reserve 
110 STAT. 3009-107 
PUBLIC LAW 104-208—SEPT. 30, 1996 
components) for the type of equipment or supplies to be 
transferred have been met; and 
(B) a statement of whether the items proposed to be 
transferred will have to be replaced and, if so, how the 
President proposes to provide funds for such replacement. 
SEC. 8093. To the extent authorized by subchapter VI of Chap-
ter 148 of title 10, United States Code, the Secretary of Defense 
shall issue loan guarantees in support of U.S. defense exports 
not otherwise provided for: Provided, That the total contingent 
liability of the United States for guarantees issued under the 
authority of this section may not exceed $15,000,000,000: Provided 
further, That the exposure fees charged and collected by the Sec-
retary for each guarantee, shall be paid by the country involved 
and shall not be financed as part of a loan guaranteed by the 
United States: Provided further. That the Secretary shall provide 
quarterly reports to the Committees on Appropriations, Armed Serv-
ices and Foreign Relations of the Senate and the Committees on 
Appropriations, National Security and International Relations in 
the House of Representatives on the implementation of this pro-
gram: Provided further. That amounts charged for administrative 
fees and deposited to the special account provided for under section 
2540c(d) of title 10, shall be available for pajdng the costs of 
administrative expenses of the Department of Defense that are 
attributable to the loan guarantee program under subchapter VI 
of Chapter 148 of title 10. 
SEC. 8094. None of the funds available to the Department 
of Defense shall be obligated or expended to make a financial 
contribution to the United Nations for the cost of an United Nations 
peacekeeping activity (whether pursuant to assessment or a vol-
untary contribution) or for payment of any United States arrearage 
to the United Nations. 
SEC. 8095. None of the funds available to the Department 
of Defense under this Act shall be obligated or expended to pay 
a contractor under a contract with the Department of Defense 
for costs of any amount paid by the contractor to an employee 
when— 
(1) such costs are for a bonus or otherwise in excess of 
the normal salary paid by the contractor to the employee; 
and 
(2) such bonus is part of restructuring costs associated 
with a business combination. 
SEC. 8096. The amount otherwise provided by this Act for 
"Operation and Maintenance, Air Force" is hereby reduced by 
$194,500,000, to reflect a reduction in the pass-through to the 
Air Force business areas of the Defense Business Operations Fund. 
SEC. 8097. (a) None of the funds appropriated or otherwise 
made available in this Act may be used to transport or provide 
for the transportation of chemical munitions or agents to the John-
ston Atoll for the purpose of storing or demilitarizing such muni-
tions or agents. 
(b) The prohibition in subsection (a) shall not apply to any 
obsolete World War II chemical munition or agent of the United 
States found in the World War II Pacific Theater of Operations. 
(c) The President may suspend the application of subsection 
(a) during a period of war in which the United States is a party. 
SEC. 8098. None of the funds provided in title II of this Act 
for "Former Soviet Union Threat Reduction" may be obligated or 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-108 
expended to finance housing for £iny individual who was a member 
of the military forces of the Soviet Union or for any individual 
who is or was a member of the military forces of the Russian 
Federation. 
SEC. 8099. During the current fiscal year, no more than 
$15,000,000 of appropriations made in this Act under the heading 
"Operation and Maintenance, Defense-Wide" may be transferred 
to appropriations available for the pay of military personnel, to 
be merged with, and to be available for the same time period 
as the appropriations to which transferred, to be used in support 
of such personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense 
pursuant to section 2012 of title 10, United States Code. 
SEC. 8100. Beginning in fiscal year 1997 and thereafter, and 
18USC3056 
notwithstanding any other provision of law, fixed and mobile tele- ^ote. 
communications support shall be provided by the White House 
Communications Agency (WHCA) to the United States Secret Serv-
ice (USSS), without reimbursement, in connection with the Secret 
Service's duties directly related to the protection of the President 
or the Vice President or other officer immediately next in order 
of succession to the office of the President at the White House 
Security Complex in the Washington, D.C. Metropolitan Area and 
Camp David, Maryland. For these purposes, the Wtiite House Secu-
rity Complex includes the White House, the White House grounds, 
the Old Executive Office Building, the New Executive Office Build-
ing, the Blair House, the Treasury Building, and the Vice Presi-
dent's Residence at the Naval Observatory. 
SEC. 8101. None of the funds provided in this Act may be 
obligated or expended for the sale of zinc in the National Defense 
Stockpile if zinc commodity prices decline more than five percent 
below the London Metals Exchange market price reported on the 
date of enactment of this Act. 
SEC. 8102. For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act 
under the heading "Shipbuilding and Conversion, Navy" shall be 
considered to be for the same purpose as any subdivision under 
the heading "Shipbuilding and Conversion, Navy" appropriations 
in any prior year, and the one percent limitation shall apply to 
the total amount of the appropriation. 
SEC. 8103. During the current fiscal year, and notwithstanding 
31 U.S.C. 1552(a), not more than $107,000,000 appropriated under 
the heading "Aircraft Procurement, Air Force" in Public Law 101-
511 and not more than $15,000,000 appropriated under the heading 
"Aircraft Procurement, Air Force" in Public Law 102-172 which 
were available and obligated for the B-2 Aircraft Program shall 
remain available for expenditure and for adjusting obligations for 
such Program until September 30, 2002. 
SEC. 8104. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the 
period of availability for obligation has expired or which has closed 
under the provisions of section 1552 of title 31, United States 
Code, and which has a negative unliquidated or unexpended bal-
ance, an obligation or an adjustment of an obligation may be 
charged to any current appropriation account for the same purpose 
as the expired or closed account if— 
110 STAT. 3009-109 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(1) the obligation would have been properly chargeable 
(except as to amount) to the expired or closed account before 
the end of the period of availability or closing of that account; 
(2) the obligation is not otherwise properly chargeable to 
any current appropriation account of the Department of 
Defense; and 
(3) in the case of an expired account, the obligation is 
not chargeable to a current appropriation of the Department 
of Defense under the provisions of section 1405(b)(8) of the 
National Defense Authorization Act for Fiscal Year 1991, Public 
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, 
That in the case of an expired account, if subsequent review 
or investigation discloses that there was not in fact a negative 
unliquidated or unexpended balance in the account, any charge 
to a current account under the authority of this section shall 
be reversed and recorded against the expired account: Provided 
further, That the total amount charged to a current appropria-
tion under this section may not exceed an amount equal to 
one percent of the total appropriation for that account. 
(TRANSFER OF FUNDS) 
SEC. 8105. Upon enactment of this Act, the Secretary of Defense 
shall make the following transfers of funds: Provided, That the 
amounts transferred shall be available for the same purposes as 
the appropriations to which transferred, and for the same time 
period as the appropriation from which transferred: Provided fur-
ther. That the amounts shall be transferred between the following 
appropriations in the amount specified: 
From: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1985/1995"' 
CG-47 cruiser program, $4,300,000; 
For crsift, outfitting, and post delivery, $2,000,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1985/1995"' 
DDG-51 destroyer program, $6,300,000; 
From: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1986/1996": 
LHD-1 amphibious assault ship program, $2,154,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1986/1996": 
For craft, outfitting and post delivery, $2,154,000; 
From: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1987/1996": 
T-AO fleet oiler program, $1,095,000; 
Oceanographic ship program, $735,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1987/1996": 
For craft, outfitting, and post delivery, $1,830,000; 
From: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1989/2000": 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-110 
T-AO fleet oiler program, $6,571,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1989/2000": 
SSN-21 attack submarine program, $6,571,000; 
From: 
Under the heading, "Shipbuilding and Conversion, Navy, 
199L/2001": 
DDG-51 destroyer program, $12,687,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
199172001": 
LHD-1 amphibious assault ship program, $9,387,000; 
MHC coastal mine hunter program, $3,300,000; 
From: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1992/1996": 
For escalation, $1,600,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1992/1996": 
MHC coastal mine hunter program, $1,600,000; 
From: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1993/1997"" 
DDG^51 destroyer program, $5,000,000; 
LSD-41 cargo variant ship program, $2,700,000; 
For craft, outfitting, post delivery, and first destination 
transportation, and inflation adjustments, $1,577,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1993/1997": 
AOE combat support ship program, $9,277,000; 
From: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1995/1999": 
Carrier replacement program, $18,023,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1993/1997": 
MHC coastal mine hunter program, $6,700,000; 
AOE combat support ship program, $11,323,000; 
From: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1994/1998": 
LHD-1 amphibious assault ship program, $4,100,000; 
Mine warfare command and control ship, $1,000,000; 
For craft, outfitting, post delivery, and first destination 
transportation, $2,000,000; 
From: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1995/1999": 
Carrier replacement program, $9,477,000; 
From: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1996/2000": 
NSSN-1 (AP), $3,791,000; 
110 STAT. 3009-111 
PUBLIC LAW 104-208—SEPT. 30, 1996 
DDG-51 destroyer program, $4,075,000; 
CVN Refuelings, $5,212,000; 
LHD-1 amphibious ship program, $16,800,000; 
T-AGS-64 multi-purpose oceanographic survey ship, 
$375,000; 
For craft, outfitting, post dehvery, conversions and first 
destination transportation, $11,770,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1994/1998": 
DDG-51 destroyer program, $41,800,000; and 
Under the heading, "Shipbuilding and Conversion, Navy, 
1995/1999": 
For craft, outfitting, post delivery, conversions and first 
destination transportation, $16,800,000. 
10 use 113 note. 
SEC. 8106. (a) The Secretary of Defense shall require not later 
than June 30, 1997, each disbursement by the Department of 
Defense in an amount in excess of $3,000,000 be matched to a 
particular obligation before the disbursement is made. 
(b) The Secretary shall ensure that a disbursement in excess 
of the threshold amount applicable under section (a) is not divided 
into multiple disbursements of less than that amount for the pur-
pose of avoiding the applicability of such section to that disburse-
ment. 
SEC. 8107. Notwithstanding any other provision of law, the 
Air Force shall not introduce any new supplier for the remaining 
production units for the AN/ALE-47 Countermeasures Dispenser 
System without conducting a full and open competition that will 
include, but not be limited to, small businesses. 
SEC. 8108. The Under Secretary of Defense (Comptroller) shall 
submit to the congressional defense committees a detailed report 
* 
identifying, by amount and by separate budget activity, activity 
group, subactivity group, line item, program element, program, 
project, subproject, and activity, any activity for which the fiscal 
year 1998 budget request was reduced because Congress appro-
priated funds above the President's budget request for that specific 
activity for fiscal year 1997. 
10 use 2241 
SEC. 8109. In applying section 9005 of the Department of 
note. 
Defense Appropriations Act, 1993, Public Law 102-396 (10 U.S.C. 
2241 note), during the current fiscal year and thereafter— 
(1) the term "synthetic fabric and coated synthetic fabric" 
shall be deemed to include all textile fibers and yarns that 
are for use in such fabrics; and 
(2) such section shall be treated, notwithstanding section 
34 of Public Law 93-400 (41 U.S.C. 430), as being applicable 
to contracts and subcontracts for the procurement of commercial 
items that are articles or items, specialty metals, or tools cov-
ered by that section 9005. 
SEC. 8110. Notwithstanding any other provision of law, includ-
ing Section 2304(j) of title 10, United States Code, of the funds 
appropriated under the heading "Aircraft Procurement, Navy" in 
Public Law 104-61, $45,000,000 shall be made available only for 
acquisition of T-39N aircraft, associated ground-based training sys-
tem (GETS), service life extension related components and parts, 
associated equipment, and data that meet the Undergraduate Flight 
Officer (UNFO) training requirements by procurement of the T-
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-112 
39N aircraft currently being used by the Navy for UNFO training 
under a services contract. 
SEC. 8111. TRADEOFF STUDY OF CURRENT AND FUTURE DEEP-
STRIKE CAPABILITIES.— 
(1) The Secretary of Defense shall carry out the deep-
strike tradeoff study announced by the President to study trade-
offs between bombers, land and sea-based tactical aircraft, and 
missiles capable of striking targets in an enemy's rear area. 
(2) The Secretary of Defense shall establish an ad hoc 
review committee under the auspices of the Defense Science 
Board to establish the methodological approach to the tradeoff 
study, to establish a broad range of stressing scenarios of 
interest, and to review assumptions regarding the analyses 
to be conducted. 
(3) The ad hoc review committee to be established under 
paragraph (2) shall include among its members analysts who 
have performed or participated in bomber tradeoff analysis, 
retired military personnel with broad experience in recent 
conventional warfare operations, and experts on the logistics 
of both initial deployment and sustaining support. These mem-
bers shall be selected without regard for current service on 
the Defense Science Board. 
(4) After submitting its recommendations for the conduct 
of the deep-strike tradeoff study to the Secretary of Defense, 
the ad hoc review committee shall continue to meet regularly 
to review preliminary results of the analysis and to recommend 
additional variations in assumptions that may be required to 
illuminate particular force tradeoff issues. 
SEC. 8112. Notwithstanding 31 U.S.C. 1552(a), of the funds 
provided in Department of Defense Appropriations Acts, not more 
than the specified amounts of fiinds from the following accounts 
shall remain available for the payment of satellite on-orbit incentive 
fees until the fees are paid: 
"Missile Procurement, Air Force, 1990/1992", $17,800,000 
"Missile Procurement, Air Force, 1991/1993", $19,330,000 
"Missile Procurement, Air Force, 1992/1994", $23,570,000 
"Missile Procurement, Air Force, 1993/1995", $16,780,000 
"Missile Procurement, Air Force, 1994/1996", $16,780,000. 
SEC. 8113. TACTICAL AIRCRAFT REQUIREMENT STUDY.—The Sec-
retary of Defense and the Chairman of the Joint Chiefs of Staff 
shall carry out a joint study under the direct supervision of the 
Joint Requirements Oversight Council (JROC) assessing future tac-
tical aircraft requirements across service jurisdictions. This study 
shall determine the best and most affordable mix of weapon systems 
to carry out different mission areas and shall include recommenda-
tions for changes to the planned numbers and types of tactical 
aircraft to be developed and procured over the next ten years 
if appropriate. Such report shall be submitted to the congressional 
defense committees no later than March 30, 1997. 
SEC. 8114. None of the funds available to the Department 
of the Navy may be used to enter into any contract for the overhaul, 
repair, or maintenance of any naval vessel homeported on the 
West Coast of the United States which includes charges for interport 
differential as an evaluation factor for award. 
SEC. 8115. (a) None of the funds available to the Department 
of Defense under this Act may be obligated or expended to 
reimburse a defense contractor for restructuring costs associated 
110 STAT. 3009-113 
PUBLIC LAW 104-208—SEPT. 30, 1996 
with a business combination of the defense contractor that occurs 
after the date of enactment of this Act unless: 
(1) the auditable savings for the Department of Defense 
resulting from the restructuring will exceed the costs allowed 
by a factor of at least two to one, or 
(2) the savings for the Department of Defense resulting 
from the restructuring will exceed the costs allowed and the 
Secretary of Defense determines that the business combination 
will result in the preservation of a critical capability that might 
otherwise be lost to the Department, and 
(3) the report required by Section 818(e) of Public Law 
103-337 to be submitted to Congress in 1996 is submitted. 
(b) Not later than April 1, 1997, the Comptroller General shall, 
in consultation with the Inspector General of the Department of 
Defense, the Secretary of Defense, and the Secretary of Labor, 
submit to Congress a report which shall include the following: 
(1) an analysis and breakdown of the restructuring costs 
paid by or submitted to the Department of Defense to companies 
involved in business combinations since 1993; 
(2) an analysis of the specific costs associated with 
workforce reductions; 
(3) an analysis of the services provided to the workers 
affected by business combinations; 
(4) an analysis of the effectiveness of the restructuring 
costs used to assist laid off workers in gaining employment; 
(5) in accordance with section 818 of Public Law 103-
337, an analysis of the savings reached from the business 
combination relative to the restructuring costs paid by the 
Department of Defense. 
(c) The report should set forth recommendations to make this 
program more effective for workers affected by business combina-
tions and more efficient in terms of the use of Federal dollars. 
SEC. 8116. Notwithstanding any other provision of law, none 
of the funds appropriated in this Act may be used to purchase, 
install, replace, or otherwise repair any lock on a safe or security 
container which protects information critical to national security 
or any other classified materials and which has not been certified 
as passing the security lock specifications contained in regulation 
FF-I^2740 dated October 12, 1989, and has not passed all testing 
criteria and procedures established through February 28, 1992: 
Provided, That the Director of Central Intelligence may waive this 
provision, on a case-by-case basis only, upon certification that the 
above cited locks are not adequate for the protection of sensitive 
intelligence information. 
SEC. 8117. Section 8110 of Public Law 104-61 (109 Stat. 674) 
is hereby repealed. 
SEC. 8118. The Secretary of Defense, in conjunction with the 
Secretary of Labor, shall take such steps as required to ensure 
that those Department of Defense contractors and other entities 
subject to section 4212(d) of title 38, United States Code are aware 
of, and in compliance with, the requirements of that section regard-
ing submission of an annual report to the Secretary of Labor 
concerning emplojonent of certain veterans: Provided, That the 
Secretary of Defense shall ensure that those Department of Defense 
contractors and other entities subject to section 4212(d) of title 
38, United States Code which have contracts with the Department 
of Defense are notified of the potential penalties associated with 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-114 
failure to comply with these annual reporting requirements (includ-
ing potential suspension or debarment from federal contracting): 
Provided further. That within 180 days of enactment of this Act 
the Secretary of Labor and the Secretary of Defense shall submit 
a report to Congress which— 
(1) using the most recent reporting data, details the number 
of reports received from Department of Defense contractors 
and the estimated number of Department of Defense contractors 
which are not in compliance with these annual reporting 
requirements; 
(2) describes the steps taken by the Departments of Labor 
and Defense in order to ensure compliance with section 4212(d) 
of title 38, United States Code; 
(3) describes any additional measures taken or planned 
to be taken by the Departments of Labor and Defense to 
improve compliance with section 4212(d) of title 38, United 
States Code pursuant to this section; and 
(4) any further recommendations regarding additional 
action (including changes in existing law) which may be nec-
essary to improve compliance with section 4212(d) of title 38, 
United States Code. 
SEC. 8119. Funds appropriated in title II of this Act for super-
vision and administration costs for facilities maintenance and 
repair, minor construction, or design projects may be obligated 
at the time the reimbursable order is accepted by the performing 
activity: Provided, That for the purpose of this section, supervision 
and administration costs includes all in-house Grovernment cost. 
SEC. 8120. (a) LIMITATION ON ADVANCE BILLING.—During fiscal 
year 1997, advance billing for services provided or work performed 
by the Defense Business Operations Fund activities of the Depart-
ment of the Navy in excess of $1,000,000,000 is prohibited. 
(b) REVISED RATES; ADDITIONAL SURCHARGES.—In conjunction 
with the Under Secretary of Defense (Comptroller), the Secretary 
of the Navy shall develop a plan to revise fiscal year 1997 customer 
rates or establish additional surcharges so as to increase revenues 
to the Defense Business Operations Fund by at least an additional 
$500,000,000 in executing orders accepted during fiscal year 1997. 
(c) TRANSFER AUTHORITY.—^To the extent necessary to comply 
with any rate increase or new surcharge on rates in fiscal year 
1997 established under subsection (b), the Secretary of the Navy 
shall transfer at least $500,000,000, from funds made available 
under subsection (d), into customer accounts of the Navy used 
to reimburse the Defense Business Operations Fund so as to provide 
customers with sufficient resources to pay the increased customer 
rates and additional surcharges. The transfer authority provided 
by this subsection is in addition to other transfer authority provided 
in this Act. The funds transferred shall be merged with and avail-
able for the same purposes, and for the same time period, as 
the appropriation to which transferred. 
(d) SOURCE OF FUNDS.—To provide funds for transfer under 
subsection (c), the amounts appropriated elsewhere in this Act 
for the following appropriation accounts are reduced by 2.0 percent: 
Aircraft Procurement, Navy; Weapons Procurement, Navy; Procure-
ment of Ammunition, Navy and Marine Corps; Shipbuilding and 
Conversion, Navy; Other Procurement, Navy; and Research, Devel-
opment, Test and Evaluation, Navy. These reductions shall be 
applied on a pro-rata basis to each line item, program element. 
110 STAT. 3009-115 
PUBLIC LAW 104-208—SEPT. 30, 1996 
program, project, subproject, and activity within each appropriation 
account. 
SEC. 8121. The Secretary of Defense may waive reimbursement 
of the cost of conferences, seminars, courses of instruction, or similar 
educational activities of the Asia-Pacific Center for Security Studies 
for military officers and civilian officials of foreign nations if the 
Secretary determines that attendance by such personnel, without 
reimbursement, is in the national security interest of the United 
States: Provided, That costs for which reimbursement is waived 
pursuant to this subsection shall be paid from appropriations avail-
able for the Asia-Pacific Center. 
SEC. 8122. (a) Of the amounts appropriated or otherwise made 
available by this Act for the Department of the Air Force, $2,000,000 
shall be available only for a facility at Lackland Air Force Base, 
Texas to provide comprehensive care and rehabilitation services 
to children with disabilities who are dependents of members of 
the Armed Forces. 
(b) Subject to subsection (c), the Secretary of the Air Force 
shall grant the funds made available under subsection (a) to the 
Children's Association for Maximum Potential (CAMP) for use by 
the association to defray the costs of designing and constructing 
the facility referred to in subsection (a). 
(c)(1) The Secretary may not make a grant of funds under 
subsection (b) until the Secretary and the association enter into 
an agreement under which the Secretary leases to the association 
the facility to be constructed using the funds. 
(2) The term of the lease under subsection (c)(1) may not 
be less than 25 years. 
(3) The Secretary may require such additional terms and condi-
tions in connection with the lease as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 8123. None of the funds appropriated by this Act may 
be obligated or expended— 
(1) to reduce the number of units of special operations 
forces of the Army National Guard during fiscal year 1997; 
(2) to reduce the authorized strength of any such unit 
below the strength authorized for the unit as of September 
30, 1996;or 
(3) to apply any administratively imposed limitation on 
the assigned strength of any such unit at less than the strength 
authorized for that unit as of September 30, 1996. 
SEC. 8124. (a) The Secretary of the Army shall ensure that 
solicitations for contracts for unrestricted procurement to be entered 
into using funds appropriated for the Army by this Act include, 
where appropriate, specific goals for subcontracts with small 
businesses, small disadvantaged businesses, and women owned 
small businesses. 
(b) The Secretary shall ensure that any subcontract entered 
into pursuant to a solicitation referred to in subsection (a) that 
meets a specific goal referred to in that subsection is credited 
toward the overall goal of the Army for subcontracts with the 
businesses referred to in that subsection. 
SEC. 8125. (a) The Secretary of the Air Force and the Director 
of the Office of Personnel Management shall submit a joint report 
describing in detail the benefits, allowances, services, and any other 
forms of assistance which may or shall be provided to any civilian 
employee of the Federal Government or to any private citizen. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-116 
or to the family of such an individual, who is injured or killed 
while traveling on an aircraft owned, leased, chartered, or operated 
by the Government of the United States. 
(b) The report required by subsection (a) above shall be submit-
ted to the congressional defense committees and to the Committee 
on Governmental Affairs of the Senate and the Committee on 
Government Reform and Oversight of the House of Representatives 
not later than December 15, 1996. 
SEC. 8126. (a) Not later than March 1, 1997, the Deputy Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report on Department of Defense procurements of propellant 
raw materials. 
(b) The report shall include the following: 
(1) The projected future requirements of the Department 
of Defense for propellant raw materials, such as nitrocellulose. 
(2) The capacity, ability, and production cost rates of the 
national technology and industrial base, including Government-
owned, contractor-operated facilities, contractor-owned 
and 
operated facilities, and Government-owned, Government-oper-
ated facilities, for meeting such requirements. 
(3) The national security benefits of preserving in the 
national technology and industrial base contractor-owned and 
operated facilities for producing propellant raw materials, 
including nitrocellulose. 
(4) The extent to which the cost rates for production of 
nitrocellulose in Government-owned, contractor-operated facili-
ties is lower because of the relationship of those facilities with 
the Department of Defense than such rates would be without 
that relationship. 
(5) The advantages and disadvantages of permitting 
commercial facilities to compete for award of Department of 
Defense contracts for procurement of propellant raw materials, 
such as nitrocellulose. 
SEC. 8127. Not later than six months after the date of the 
enactment of this Act, the Secretary of the Air Force shall submit 
to Congress a cost-benefit analysis of consolidating the ground 
station infrastructure of the Air Force that supports polar orbiting 
satellites. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8128. In addition to the amounts appropriated elsewhere 
in this Act, $100,000,000 is appropriated for defense against weap-
ons of mass destruction: Provided, That the funds appropriated 
under this section may be transferred to and merged with funds 
appropriated elsewhere in this Act and that this transfer authority 
shall be in addition to any other transfer authority provided under 
this Act: Provided further, That of the funds made available by 
this section, $10,000,000 shall be transferred to and merged with 
funds appropriated in this Act for "Procurement, Marine Corps" 
and shall be available only for the procurement of equipment that 
enhances 
the 
capability 
of the 
Chemical-Biological 
Incident 
Response Force to respond to incidents of terrorism. 
S E C 8129. The Secretary of Defense, in consultation with the 
Secretary of Health and Human Services and the Director of the 
Office of Personnel Management, shall submit a report to the 
congressional defense committees by February 1, 1997 containing 
recommendations regarding the establishment of a demonstration 
110 STAT. 3009-117 
PUBLIC LAW 104-208—SEPT. 30, 1996 
program under which covered beneficiaries under chapter 55 of 
title 10, United States Code, who are entitled to benefits under 
part A of the medicare program and who do not have access to 
TRICARE, would be permitted to enroll in a health benefits program 
offered through the Federal Employee Health Benefits Program 
under chapter 89 of title 5, United States Code. 
SEC. 8130. (a) Section 203 of H.R. 3230, the National Defense 
Authorization Act for Fiscal Year 1997, as passed by the Senate 
on September 10, 1996, is hereby amended by repealing section 
203(a), section 203(c), and section 203(e). 
(b) The amendments made by subsection (a) shall take effect 
as of the date of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 1997 as if section 203 of such Act had 
been enacted as so amended. 
SEC. 8131. (a) Section 722(c) of the National Defense Authoriza-
10 use 1073 
tion Act for Fiscal Year 1997 is amended— 
note. 
(l)by striking out paragraph (2); 
(2) by striking out"(1)"; and 
(3) by redesignating subparagraphs (A) and (B) as para-
graphs (1) and (2), respectively. 
10 use 1073 
(b) The amendments made by subsection (a) shall take effect 
™te. 
as of the date of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 1997 as if section 722 of such Act had 
been enacted as so amended. 
SEC. 8132. The Secretary of Defense shall complete a cost/ 
benefit analysis on the establishment of a National Missile Defense 
Joint Program Office: Provided, That the Secretary of Defense shall 
submit a report on this analysis to the congressional defense 
committees no later than March 31, 1997: Provided further, That 
the Department of Defense shall take no action to establish any 
National Missile Defense Joint Program Office, to reassign service 
National Missile Defense roles and missions under any National 
Missile Defense Joint Program Office strategy or to relocate people 
under such a strategy prior to March 31, 1997. 
SEC. 8133. (a) Notwithstanding any other provision of law, 
the Chief of the National Guard Bureau may permit the use of 
equipment of the National Guard Distance Learning Project by 
any person or entity on a space-available, reimbursable basis. The 
Chief of the National Guard Bureau shall establish the amount 
of reimbursement for such use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be credited 
to funds available for the National Guard Distance Learning Project 
and be available to defray the costs associated with the use of 
equipment of the project under that subsection. Such funds shall 
be available for such purposes without fiscal year limitation. 
SEC. 8134. Using funds available by this Act or any other 
Act, the Secretary of the Air Force, pursu£int to a determination 
under section 2690 of title 10, United States Code, may implement 
cost-effective agreements for required heating facility modernization 
in the Kaiserslautem Military Community in the Federal Republic 
of Germany: Provided, That in the City of Kaiserslautem such 
agreements will include the use of United States anthracite as 
the base load energy for municipal district heat to the United 
States Defense installations: Provided further, That at Landstuhl 
Army Regional Medical Center and Ramstein Air Base, furnished 
heat may be obtained from private, regional or municipal services. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-118 
if provisions are included for the consideration of United States 
coal as an energy source. 
SEC. 8135. (a) Section 2867 of the National Defense Authoriza-
tion Act for Fiscal Year 1997 is amended— 
(1) by striking out "Michael O'Callaghan Military Hospital" 
both places it appears in the text of such section and inserting 
in lieu thereof "Mike O'Callaghan Federal Hospital"; and 
(2) in the section heading, by striking out "MICHAEL 
O'CALLAGHAN MILITARY HOSPITAL" and inserting in lieu 
thereof "MIKE O'CALLAGHAN FEDERAL HOSPITAL". 
(b) The amendments made by subsection (a) shall take effect 
as of the date of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 1997 and shall apply as if such amendments 
had been included in section 2867 of such Act when enacted. 
SEC. 8136. (a) In addition to any other reductions required 
by this Act, the following funds are hereby reduced from the follow-
ing accounts in title IV of this Act in the specified amounts: 
"Research, Development, Test and Evaluation, Army", 
$101,257,000; 
"Research, Development, Test and Evaluation, Navy", 
$164,179,000; 
"Research, Development, Test and Evaluation, Air Force", 
$289,992,000; 
"Research, Development, Test and Evaluation, Defense-
Wide", $119,483,000; and 
"Developmental Test and Evaluation, Defense", $5,641,000. 
(b) The reductions taken pursuant to subsection (a) shall be 
applied on a pro-rata basis by subproject within each R-1 program 
element as modified by this Act, except that no reduction may 
be taken against the funds made available to the Department 
of Defense for Ballistic Missile Defense. 
(c) Unless expressly exempted by subsection (b), each program 
element, program, project, subproject, and activity funded by title 
IV of this Act shall be allocated a pro-rata share of any of the 
reductions made by this section. 
(d) Not later than 60 days after enactment of this Act, the 
Secretary of Defense shall submit to the Congressional defense 
committees a report listing the specific funding reductions allocated 
to each category listed in subsection (c) above pursuant to this 
section. 
SEC. 8137. In addition to amounts appropriated or otherwise 
made available in this Act, $230,680,000 is hereby appropriated 
to the Department of Defense for anti-terrorism, counter-terrorism, 
and security enhancement programs and activities, as follows: 
"Operation and Maintenance, Army", $15,249,000; 
"Operation and Maintenance, Navy", $23,956,000; 
"Operation and Maintenance, Marine Corps", $600,000; 
"Operation and Maintenance, Air Force", $10,750,000; 
"Operation and Maintenance, Defense-Wide", $29,534,000; 
"Operation and Maintenance, Navy Reserve", $517,000; 
"Other Procurement, Army", $5,252,000; 
"Other Procurement, Air Force", $101,472,000; 
"Procurement, Defense-Wide", $35,350,000; 
"Research, Development, Test and Evaluation, Defense-
Wide", $8,000,000: 
Provided, That such amounts in their entirety are designated by 
Congress as an emergency requirement pursuant to section 
110 STAT. 3009-119 
PUBLIC LAW 104-208—SEPT. 30, 1996 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended; Provided further, That funds appro-
priated in this section, or made available by transfer of such funds, 
for programs and activities of the Central Intelligence Agency shall 
remain available until September 30, 1997; Provided further, That 
funds appropriated in this section or made available by transfer 
of such funds, to any intelligence agency or activity of the United 
States Government shall be deemed to be specifically authorized 
by the Congress for purposes of section 504 of the National Security 
Act of 1947 (50 U.S.C. 414). 
SEC. 8138. Of the amounts provided in Titles I though VIII 
of this Act, $230,680,000 are permanently canceled: Provided, That 
the Secretary of Defense shall allocate the amount of budgetary 
resources canceled by this section on a pro-rata basis among each 
budget activity, activity group and subactivity group and each pro-
gram, project or activity within each appropriations account. 
Short title. 
Titles I through VIII of this Act may be cited as the "Depart-
ment of Defense Appropriations Act, 1997". 
TITLE IX—FISCAL YEAR 1996 SUPPLEMENTAL APPROPRIA-
TIONS 
AND 
RESCISSIONS 
FOR 
ANTI-TERRORISM, 
COUNTER-TERRORISM, AND SECURITY ENHANCEMENT 
ACTIVITIES 
The following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, to provide emergency 
supplemental appropriations for the Department of Defense for 
the fiscal year ending September 30, 1996, namely: 
DEPARTMENT OF DEFENSE—MILITARY 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for "Military Personnel, Army", 
$4,800,000: 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, AIR FORCE 
For an additional amount for "Military Personnel, Air Force", 
$4,000,000: 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 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for "Operation and Maintenance, 
Army", $21,200,000, to remain available until September 30, 1997: 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-120 
Provided, That such amount is designated by Congress as an emer-
gency requirement pursuant to section.25l(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985, as amend-
ed. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for "Operation and Maintenance, 
Air Force", $6.7,400,000, to remain available until September 30, 
1997: Provided, That such 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: Provided further. That these funds may be used to 
liquidate obligations incurred by the Air Force during fiscal year 
1996 for costs incurred under the authority of the Feed and Forage 
Act (41 U.S.C. 11). 
PROCUREMENT 
OTHER PROCUREMENT, ARMY 
For an additional amount for "Other Procurement, Army", 
$11,600,000, to remain available until September 30, 1998: Pro-
vided, 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. 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for "Other Procurement, Air Force", 
$13,600,000, to remain available until September 30, 1998: Pro-
vided, 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. 
GENERAL PROVISIONS 
(RESCISSIONS) 
SEC. 9001. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded, as 
of the date of enactment of this Act, from the following accounts 
in the specified amounts: 
"Procurement of Ammunition, Army, 1994/1996", $1,000,000; 
"Other Procurement, Army, 1994/1996", $6,000,000; 
"Research, Development, Test and Evaluation, Army, 1995/ 
1996", $2,055,000; 
"Aircraft Procurement, Navy, 1994/1996", $10,157,000; 
"Weapons Procurement, Navy, 1994/1996", $10,688,000; 
"Other Procurement, Navy, 1994/1996", $4,000,000; 
"Research, Development, Test and Evaluation, Navy, 1995/ 
1996", $6,909,000; 
"Aircraft Procurement, Air Force, 1994/1996", $18,771,000; 
"Missile Procurement, Air Force, 1994/1996", $10,156,000; 
"Other Procurement, Air Force, 1994/1996", $14,395,000; 
"Research, Development, Test and Evaluation, Air Force, 
1995/1996", $4,918,000; 
"Procurement, Defense-Wide, 1994/1996", $9,954,000; 
110 STAT. 3009-121 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Foreign 
Operations, 
Export 
Financing, and 
Related 
Programs 
Appropriations 
Act, 1997. 
Post, p. 3009-
172. 
"Research, Development, Test and Evaluation, Defense-Wide, 
1995/1996", $23,597,000. 
SEC. 9002. Funds appropriated by this title, or made available 
by transfer of such funds, for programs and activities of the Central 
Intelligence Agency shall remain available until September 30, 
1997: Provided, That funds appropriated by this title, or made 
available by transfer of such funds, to any intelligence agency 
or intelligence activity of the United States Government shall be 
deemed to be specifically authorized by the Congress for purposes 
of section 504 of the National Security Act of 1947 (50 U.S.C. 
414). 
(c) For programs, projects or activities in the Foreign Oper-
ations, Export Financing, and Related Programs Appropriations 
Act, 1997, provided as follows, to be effective as if it had been 
enacted into law as the regular appropriations Act: 
AN ACT 
Making appropriations for the foreign operations, export financing, and related 
programs for tne fiscal year ending September 30, 1997, and for other purposes. 
TITLE I—EXPORT AND INVESTMENT ASSISTANCE 
EXPORT-IMPORT BANK OF THE UNITED STATES 
The Export-Import Bank of the United States is authorized 
to make such expenditures within the limits of funds and borrowing 
authority available to such corporation, and in accordance with 
law, and to make such contracts and commitments without regard 
to fiscal year limitations, as provided by section 104 of the Govern-
ment Corporation Control Act, as may be necessary in carrying 
out the program for the current fiscal year for such corporation: 
Provided, That none of the funds available during the current 
fiscal year may be used to make expenditures, contracts, or commit-
ments for the export of nuclear equipment, fuel, or technology 
to any country other than a nuclear-weapon State as defined in 
Article IX of the Treaty on the Non-Proliferation of Nuclear Weap-
ons eligible to receive economic or military assistance under this 
Act that has detonated a nuclear explosive after the date of enact-
ment of this Act. 
SUBSIDY APPROPRIATION 
For the cost of direct loans, loan guarantees, insurance, and 
tied-aid grants as authorized by section 10 of the Export-Import 
Bank Act of 1945, as amended, $726,000,000 to remain available 
until September 30, 1998: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 
502 of the Congressional Budget Act of 1974: Provided 
further, 
That such sums shall remain available until 2012 for the disburse-
ment of direct loans, loan guarantees, insurance and tied-aid grants 
obligated in fiscal years 1997 and 1998: Provided further, 
That 
up to $50,000,000 of funds appropriated by this paragraph shall 
remain available until expended and may be used for tied-aid 
grant purposes: Provided further, That none of the funds appro-
priated by this paragraph may be used for tied-aid credits or grants 
except through the regular notification procedures of the Commit-
tees on Appropriations: Provided further, That funds appropriated 
by this paragraph are made available notwithstanding section 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-122 
2(b)(2) of the Export-Import Bank Act of 1945, in connection with 
the purchase or lease of any product by any East European country, 
any Baltic State, or any agency or national thereof. 
ADMINISTRATIVE EXPENSES 
For administrative expenses to carry out the direct and guaran-
teed loan and insurance programs (to be computed on an accrual 
basis), including hire of passenger motor vehicles and services as 
authorized by 5 U.S.C. 3109, and not to exceed $20,000 for official 
reception and representation expenses for members of the Board 
of Directors, $46,614,000: Provided, 
That necessary expenses 
(including special services performed on a contract or fee basis, 
but not including other personal services) in connection with the 
collection of moneys owed the Export-Import Bank, repossession 
or sale of pledged collateral or other assets acquired by the Export-
Import Bank in satisfaction of moneys owed the Export-Import 
Bank, or the investigation or appraisal of any property, or the 
evaluation of the legal or technical aspects of any transaction for 
which an application for a loan, guarantee or insurance commitment 
has been made, shall be considered nonadministrative expenses 
for the purposes of this heading: Provided further. That, effective 
July 21, 1997, notwithstanding any other provision of law, none 
of the funds made available by this or any other Act may be 
made available to compensate the incumbent Chairman and Presi-
dent of the Export-Import Bank Provided further. That, notwith- 
12 USC 635a 
standing subsection (b) of section 117 of the Export Enhancement 
note. 
Act of 1992, subsection (a) thereof shall remain in effect until 
October 1, 1997. 
OVERSEAS PRIVATE INVESTMENT CORPORATION 
NONCREDIT ACCOUNT 
The Overseas Private Investment Corporation is authorized 
to make, without regard to fiscal year limitations, as provided 
by 31 U.S.C. 9104, such expenditures and commitments within 
the limits of funds available to it and in accordance with law 
as may be necessary: Provided, That the amount available for 
administrative expenses to carry out the credit and insurance pro-
grams (including an amount for official reception and representation 
expenses which shall not exceed $35,000) shall not exceed 
$32,000,000: Provided further. 
That project-specific transaction 
costs, including direct and indirect costs incurred in claims settle-
ments, and other direct costs associated with services provided 
to specific investors or potential investors pursuant to section 234 
of the Foreign Assistance Act of 1961, shall not be considered 
administrative expenses for the purposes of this heading. 
PROGRAM ACCOUNT 
For the cost of direct and guaranteed loans, $72,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961: 
Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further. That such sums shall be available 
for direct loan obligations and loan guaranty commitments incurred 
or made during fiscal years 1997 and 1998: Provided further. That 
such sums shall remain available through fiscal year 2005 for 
110 STAT. 3009-123 
PUBLIC LAW 104-208—SEPT. 30, 1996 
the disbursement of direct and guaranteed loans obligated in fiscal 
year 1997, and through fiscal year 2006 for the disbursement of 
direct and guaranteed loans obligated in fiscal year 1998: Provided 
further. That section 235(a)(3) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2195(a)(3)) is amended by striking out "1996" 
and inserting in lieu thereof "1997" and, notwithstanding section 
235(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2195(a)(1)), the maximum contingent liability of issuing authority 
for insurance and financing shall not in the aggregate exceed the 
amounts provided in section 235(a)(1) and (2) of that Act. In addi-
tion, such sums as may be necessary for administrative expenses 
to carry out the credit program may be derived from amounts 
available for administrative expenses to carry out the credit and 
insurance programs in the Overseas Private Investment Corpora-
tion Noncredit Account and merged with said account. 
FUNDS APPROPRIATED TO THE PRESIDENT 
TRADE AND DEVELOPMENT AGENCY 
For necessary expenses to carry, out the provisions of section 
661 of the Foreign Assistance Act of 1961, $40,000,000: Provided, 
That the Trade and Development Agency may receive reimburse-
ments from corporations and other entities for the costs of grants 
for feasibility studies and other project planning services, to be 
deposited as an offsetting collection to this account and to be avail-
able for obligation until September 30, 1998, for necessary expenses 
under this paragraph: Provided further. That such reimbursements 
shall not cover, or be allocated against, direct or indirect administra-
tive costs of the agency. 
TITLE II—BILATERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
For expenses necessary to enable the President to carry out 
the provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 1997, unless 
otherwise specified herein, as follows: 
AGENCY FOR INTERNATIONAL DEVELOPMENT 
CHILD SURVIVAL AND DISEASE PROGRAMS FUND 
For necessary expenses to carry out the provisions of part 
I and chapter 4 of part II of the Foreign Assistance Act of 1961, 
for child survival, basic education, assistance to combat tropical 
and other diseases, and related activities, in addition to funds 
otherwise available for such purposes, $600,000,000, to remain 
available until expended: Provided, That this amount shall be made 
available for such activities as (1) immunization programs, (2) oral 
rehydration programs, (3) health and nutrition programs, and 
related education programs, which address the needs of mothers 
and children, (4) water and sanitation programs, (5) assistance 
for displaced and orphaned children, (6) programs for the preven-
tion, treatment, and control of, and research on, tuberculosis, HIV/ 
AIDS, polio, malaria and other diseases, (7) not to exceed 
$98,000,000 for basic education programs for children, and (8) a 
contribution on a grant basis to the United Nations Children's 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-124 
Fund (UNICEF) pursuant to section 301 of the Foreign Assistance 
Act of 1961. 
DEVELOPMENT ASSISTANCE 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses to carry out the provisions of sections 
103 through 106 and chapter 10 of part I of the Foreign Assistance 
Act of 1961, title V of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533) and the provisions 
of section 401 of the Foreign Assistance Act of 1969, $1,181,500,000, 
to remain available until September 30, 1998: Provided, That of 
the amount appropriated under this heading, up to $20,000,000 
may be made available for the Inter-American Foundation and 
shall be apportioned directly to that agency: Provided further, That 
of the amount appropriated under this heading, up to $11,500,000 
may be made available for the African Development Foundation 
and shall be apportioned directly to that agency: Provided 
further, 
That of the funds appropriated under title II of this Act that 
are administered by the Agency for International Development and 
made available for family planning assistance, not less than 65 
percent shall be made available directly to the agency's central 
Office of Population and shall be programmed by that office for 
family planning activities: Provided further. That of the funds 
appropriated under this heading and under the heading "Child 
Survival and Disease Programs Fund" that are made available 
by the Agency for International Development for development 
assistance activities, the amount made available to carry out chap-
ter 10 of part I of the Foreign Assistance Act of 1961 (relating 
to the Development Fund for Africa) and the amount made available 
for activities in the Latin America and Caribbean region should 
be in at least the same proportion as the amount identified in 
the fiscal year 1997 draft congressional presentation document for 
development assistance for each such region is to the total amount 
requested for development assistance for such fiscal year: Provided 
further. That funds appropriated under this heading may be made 
available, notwithstanding any other provision of law except section 
515 of this Act, to assist Vietnam to reform its trade regime (such 
as through reform of its commercial and investment legal codes): 
Provided further, That none of the funds made available in this 
Act nor any unobligated balances from prior appropriations may 
be made available to any organization or program which, as deter-
mined by the President of the United States, supports or partici-
pates in the management of a program of coercive abortion or 
involuntary sterilization: Provided further. That none of the funds 
made available under this heading may be used to pay for the 
performance of abortion as a method of family planning or to 
motivate or coerce any person to practice abortions; and that in 
order to reduce reliance on abortion in developing nations, funds 
shall be available only to voluntary family planning projects which 
offer, either directly or through referral to, or information about 
access to, a broad range of family planning methods and services: 
Provided further. That in awarding grants for natural family plan-
ning under section 104 of the Foreign Assistance Act of 1961 no 
applicant shall be discriminated against because of such applicant's 
religious or conscientious commitment to offer only natural family 
planning; and, additionally, all such applicants shall comply with 
110 STAT. 3009-125 
PUBLIC LAW 104-208—SEPT. 30, 1996 
the requirements of the previous proviso: Provided further. That 
for purposes of this or any other Act authorizing or appropriating 
funds for foreign operations, export financing, and related programs, 
the term "motivate", as it relates to family planning assistance, 
shall not be construed to prohibit the provision, consistent with 
local law, of information or counseling about all pregnancy options: 
Provided further, That nothing in this paragraph shall be construed 
to alter any existing statutory prohibitions against abortion under 
section 104 of the Foreign Assistance Act of 1961: Provided further. 
That, notwithstanding section 109 of the Foreign Assistance Act 
of 1961, of the funds appropriated under this heading in this Act, 
and of the unobligated balances of funds previously appropriated 
under this heading, up to $17,500,000 may be transferred to "Inter-
national Organizations and Programs" for a contribution to the 
International Fund for Agricultural Development (IFAD), and that 
any such transfer of funds shall be subject to the regular notification 
procedures of the Committees on Appropriations: Provided 
further, 
That of the funds appropriated under this heading that are made 
available for assistance programs for displaced and orphaned chil-
dren and victims of war, not to exceed $25,000, in addition to 
funds otherwise available for such purposes, may be used to monitor 
and provide oversight of such programs: Provided further, 
That 
not less than $500,000 of the funds made available under this 
/ 
heading shall be available only for support of the United States 
Telecommunications Training Institute. 
CYPRUS 
Of the funds appropriated under the headings "Development 
Assistance" 
and 
"Economic 
Support 
Fund", 
not 
less 
than 
$15,000,000 shall be made available for Cyprus to be used only 
for scholarships, administrative support of the scholarship program, 
bicommunal projects, and measures aimed at reunification of the 
island and designed to reduce tensions and promote peace and 
cooperation between the two communities on Cyprus. 
BURMA 
Of the funds appropriated by this Act to carry out the provisions 
of chapter 4 of part II of the Foreign Assistance Act of 1961, 
not less than $2,500,000 shall be made available to support activi-
ties in Burma, along the Burma-Thailand border, and for activities 
of Burmese student groups and other organizations located outside 
Burma, for the purposes of fostering democracy in Burma, support-
ing the provision of medical supplies and other humanitarian assist-
ance to Burmese located in Burma or displaced Burmese along 
the borders, and for other purposes: Provided, That of this amount, 
not less than $200,000 shall be made available to support news-
papers, publications, and other media activities promoting democ-
racy inside Burma: Provided further. That funds made available 
under this heading may be made available notwithstanding any 
other provision of law: Provided further. That provision of such 
funds shall be made available subject to the regular notification 
procedures of the Committees on Appropriations. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-126 
PRIVATE AND VOLUNTARY ORGANIZATIONS 
None of the funds appropriated or otherwise made available 
22 USC 215lu 
by this Act for development assistance may be made available 
note, 
to any United States private and voluntary organization, except 
any cooperative development organization, which obtains less than 
20 per centum of its total annual funding for international activities 
from sources other than the United States Government: 
Provided, 
That the requirements of the provisions of section 123(g) of the 
Foreign Assistance Act of 1961 and the provisions on private and 
voluntary organizations in title II of the "Foreign Assistance and 
Related Programs Appropriations Act, 1985" (as enacted in Public 
Law 98-473) shall be superseded by the provisions of this section, 
except that the authority contained in the last sentence of section 
123(g) may be exercised by the Administrator with regard to the 
requirements of this paragraph. 
Funds appropriated or otherwise made available under title 
II of this Act should be made available to private and voluntary 
organizations at a level which is equivalent to the level provided 
in fiscal year 1995. Such private and voluntary organizations shall 
include those which operate on a not-for-profit basis, receive con-
tributions from private sources, receive voluntary support from 
the public and are deemed to be among the most cost-effective 
and successful providers of development assistance. 
INTERNATIONAL DISASTER ASSISTANCE 
For 
necessary 
expenses 
for 
international 
disaster 
relief, 
rehabilitation, and reconstruction assistance pursuant to section 
491 
of 
the 
Foreign 
Assistance 
Act 
of 
1961, as 
amended, 
$190,000,000, to remain available until expended. 
DEBT RESTRUCTURING 
For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of modifying direct loans and loan guarantees, 
as the President may determine, for which funds have been appro-
priated or otherwise made available for programs within the Inter-
national Affairs Budget Function 150, including the cost of selling, 
reducing, or canceling amounts, through debt buybacks and swaps, 
owed to the United States as a result of concessional loans made 
to eligible Latin American and Caribbean countries, pursuant to 
part IV of the Foreign Assistance Act of 1961, and of modifying 
concessional loans authorized under title I of the Agricultural Trade 
Development and Assistance Act of 1954, as amended, as authorized 
under subsection (a) under the heading "Debt Reduction for Jordan" 
in title VI of Public Law 103-306; $27,000,000, to remain available 
until expended: Provided, 
That none of the funds 
appropriated 
under this heading shall be obligated except as provided through 
the regular notification procedures of the Committees on Appropria-
tions. 
MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM ACCOUNT 
For the cost of direct loans and loan guarantees, $1,500,000, 
as authorized by section 108 of the Foreign Assistance Act of 1961, 
as amended: Provided, 
That such costs shall be as defined in section 
502 of the Congressional Budget Act of 1974: Provided 
further, 
That guarantees of loans made under this heading in support 
29-194 O - 96 - 10 : QL 3 Part 4 
110 STAT. 3009-127 
PUBLIC LAW 104-208—SEPT. 30, 1996 
of microenterprise activities may guarantee up to 70 percent of 
the principal amount of any such loans notwithstanding section 
108 of the Foreign Assistance Act of 1961. In addition, for adminis-
trative expenses to carry out programs under this heading, 
$500,000, all of which may be transferred to and merged with 
the appropriation for Operating Expenses of the Agency for Inter-
national Development: Provided further. That funds made available 
under this heading shall remain available until September 30, 
1998. 
HOUSING GUARANTY PROGRAM ACCOUNT 
For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of guaranteed loans authorized by sections 
221 and 222 of the Foreign Assistance Act of 1961, $3,500,000, 
to remain available until September 30, 1998: Provided, That these 
funds are available to subsidize loan principal, 100 percent of which 
shall be guaranteed, pursuant to the authority of such sections. 
In addition, for administrative expenses to carry out guaranteed 
loan programs, $6,000,000, all of which may be transferred to 
and merged with the appropriation for Operating Expenses of the 
Agency for International Development: Provided further. 
That 
commitments to guarantee loans under this heading may be entered 
into notwithstanding the second and third sentences of section 
222(a) and, with regard to programs for Central and Eastern Europe 
and programs for the benefit of South Africans disadvantaged by 
apartheid, section 223(j) of the Foreign Assistance Act of 1961. 
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY 
FUND 
For payment to the "Foreign Service Retirement and Disability 
Fund", as authorized by the Foreign Service Act of 1980, 
$43,826,000. 
OPERATING 
EXPENSES 
OF 
THE 
AGENCY 
FOR 
INTERNATIONAL 
DEVELOPMENT 
For necessary expenses to carry out the provisions of section 
667, $470,750,000: Provided, That none of the funds appropriated 
by this Act for programs administered by the Agency for Inter-
national Development may be used to finance printing costs of 
any report or study (except feasibility, design, or evaluation reports 
or studies) in excess of $25,000 without the approval of the Adminis-
trator of the Agency or the Administrator's designee. 
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL 
DEVELOPMENT OFFICE OF INSPECTOR GENERAL 
For necessary expenses to carry out the provisions of section 
667, $30,000,000, to remain available until September 30, 1998, 
which sum shall be available for the Office of the Inspector General 
of the Agency for International Development. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-128 
OTHER BILATERAL ECONOMIC ASSISTANCE 
ECONOMIC SUPPORT FUND 
For necessary expenses to carry out the provisions of chapter 
4 of part II, $2,343,000,000, to remain available until September 
30, 1998: Provided, That of the funds appropriated under this 
heading, not less than $1,200,000,000 shall be available only for 
Israel, which sum shall be available on a grant basis as a cash 
transfer and shall be disbursed within thirty days of enactment 
of this Act or by October 31, 1996, whichever is later: Provided 
further. That not less than $815,000,000 shall be available only 
for Egypt, which sum shall be provided on a grant basis, and 
of which sum cash transfer assistance may be provided, with the 
understanding that Egypt will undertake significant economic 
reforms which are additional to those which were undertaken in 
previous fiscal years, and of which not less than $200,000,000 
shall be provided as Commodity Import Program assistance: Pro-
vided further. That in exercising the authority to provide cash 
transfer assistance for Israel and Egypt, the President shall ensure 
that the level of such assistance does not cause an adverse impact 
on the total level of nonmilitary exports from the United States 
to each such country: Provided further. That it is the sense of 
* 
the Congress that the recommended levels of assistance for Egypt 
and Israel are based in great measure upon their continued partici-
pation in the Camp David Accords and upon the Egyptian-Israeli 
peace treaty: Provided further. That none of the funds appropriated 
under this heading shall be made available for Zaire. 
INTERNATIONAL FUND FOR IRELAND 
For necessary expenses to carry out the provisions of chapter 
4 of part II of the Foreign Assistance Act of 1961, $19,600,000, 
which shall be available for the United States contribution to the 
International Fund for Ireland and shall be made available in 
accordance with the provisions of the Anglo-Irish Agreement Sup-
port Act of 1986 (Public Law 99-415): Provided, That such amount 
shall be expended at the minimum rate necessary to make timely 
pa3ntnent for projects and activities: Provided further, That funds 
made available under this heading shall remain available until 
September 30, 1998. 
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES 
(a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989, $475,000,000, to remain available 
until September 30, 1998, which shall be available, notwithstanding 
any other provision of law, for economic assistance and for related 
programs for Eastern Europe and the Baltic States. 
(b) Funds appropriated under this heading or in prior appro-
priations Acts that are or have been made available for an Enter-
prise Fund may be deposited by such Fund in interest-bearing 
accounts prior to the Fund's disbursement of such funds for program 
purposes. The Fund may retain for such program purposes any 
interest earned on such deposits without returning such interest 
to the Treasury of the United States and without further appropria-
tion by the Congress. Funds made available for Enterprise Funds 
110 STAT. 3009-129 
PUBLIC LAW 104-208—SEPT. 30, 1996 
shall be expended at the minimum rate necessary to make timely 
payment for projects and activities. 
(c) Funds appropriated under this heading shall be considered 
to be economic assistance under the Foreign Assistance Act of 
1961 for purposes of making available the administrative authori-
ties contained in that Act for the use of economic assistance. 
(d) None of the funds appropriated under this heading may 
be made available for new housing construction or repair or 
reconstruction of existing housing in Bosnia and Herzegovina unless 
directly related to the efforts of United States troops to promote 
peace in said country. 
(e) With regard to funds appropriated or otherwise made avail-
able under this heading for the economic revitalization program 
in Bosnia and Herzegovina, and local currencies generated by such 
funds (including the conversion of funds appropriated under this 
heading into currency used by Bosnia and Herzegovina as local 
currency and local currency returned or repaid under such pro-
gram)— 
(1) the Administrator of the Agency for International Devel-
opment shall provide written approval for grants and loans 
prior to the obligation and expenditure of funds for such pur-
poses, and prior to the use of funds that have been returned 
or repaid to any lending facility or grantee; and 
(2) the provisions of section 531 of this Act shall apply. 
(f) With regard to funds appropriated under this heading that 
are made available for economic revitalization programs in Bosnia 
and Herzegovina, 50 percent of such funds shall not be available 
for obligation unless the President determines and certifies to the 
Committees on Appropriations that the Federation of Bosnia and 
Herzegovina has complied with article III of annex 1-A of the 
General 
Framework 
Agreement 
for 
Peace 
in 
Bosnia 
and 
Herzegovina concerning the withdrawal of foreign forces, and that 
intelligence cooperation on training, investigations, and related 
activities between Iranian officials and Bosnian officials has been 
terminated. 
ASSISTANCE FOR THE NEW INDEPENDENT STATES OF THE FORMER 
SOVIET UNION 
(a) For necessary expenses to carry out the provisions of chapter 
11 of part I of the Foreign Assistance Act of 1961 and the FREE-
DOM Support Act, for assistance for the new independent states 
of the former Soviet Union and for related programs, $625,000,000, 
to remain available until September 30, 1998: Provided, That the 
provisions of such chapter shall apply to funds appropriated by 
this paragraph. 
(b) None of the funds appropriated under this heading shall 
be transferred to the Government of Russia— 
(1) unless that Gk)vernment is making progress in 
implementing comprehensive economic reforms based on mar-
ket principles, private ownership, negotiating repayment of 
commercial debt, respect for commercial contracts, and equi-
table treatment of foreign private investment; and 
(2) if that Government applies or transfers United States 
assistance to any entity for the purpose of expropriating or 
seizing ownership or control of assets, investments, or ventures. 
(c) Funds may be furnished without regard to subsection (b) 
if the President determines that to do so is in the national interest. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-130 
(d) None of the funds appropriated under this heading shall 22USC5814 
be made available to any government of the new independent ^^ote. 
states of the former Soviet Union if that government directs any 
action in violation of the territorial integrity or national sovereignty 
of any other new independent state, such as those violations 
included in the Helsinki Final Act: Provided, That such funds 
may be made available without regard to the restriction in this 
subsection if the President determines that to do so is in the 
national security interest of the United States: Provided 
further. 
That the restriction of this subsection shall not apply to the use 
of such funds for the provision of assistance for purposes of humani-
tarian, disaster and refugee relief. 
(e) None of the funds appropriated under this heading for 
the new independent states of the former Soviet Union shall be 
made available for any state to enhance its military capability: 
Provided, That restriction does not apply to demilitarization or 
nonproliferation programs. 
(f) Funds appropriated under this heading shall be subject 
to the regular notification procedures of the Committees on Appro-
priations. 
(g) Funds made available in this Act for assistance to the 
new independent states of the former Soviet Union shall be subject 
to the provisions of section 117 (relating to environment and natural 
resources) of the Foreign Assistance Act of 1961. 
(h)(1) Of the funds appropriated under title II of this Act, 
including funds appropriated under this heading, not less than 
$10,000,000 shall be available only for assistance for Mongolia, 
of which amount not less than $6,000,000 shall be available only 
for the Mongolian energy sector. 
(2) Funds made available for assistance for Mongolia may be 
made available in accordance with the purposes and utilizing the 
authorities provided in chapter 11 of part I of the Foreign Assistance 
Act of 1961. 
(i) Funds made available in this Act for assistance to the 
New Independent States of the former Soviet Union shall be pro-
vided to the maximum extent feasible through the private sector, 
including small- and medium-size businesses, entrepreneurs, and 
others 
with 
indigenous 
private 
enterprises 
in 
the 
region, 
intermediary development organizations committed to private enter-
prise, and private voluntary organizations: Provided, That grantees 
and contractors should, to the maximum extent possible, place 
in key staff positions specialists with prior on the ground expertise 
in the region of activity and fluency in one of the local languages. 
(j) In issuing new task orders, entering into contracts, or mak-
ing grants, with funds appropriated under this heading or in prior 
appropriations Acts, for projects or activities that have as one 
of their primary purposes the fostering of private sector develop-
ment, the Coordinator for United States Assistance to the New 
Independent States and the implementing agency shall encourage 
the participation of and give significant weight to contractors and 
grantees who propose investing a significant amount of their own 
resources (including volunteer services and in-kind contributions) 
in such projects and activities. 
(k) Of the funds made available under this heading, not less 
than $225,000,000 shall be made available for Ukraine, of which 
funds not less than $25,000,000 shall be made available to carry 
out United States decommissioning obligations regarding the 
110 STAT. 3009-131 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Chornobyl plant made in the Memorandum of Understanding 
between the Government of Ukraine and the G
—
7 Group: Provided, 
That not less than $35,000,000 shall be made available for agricul-
tural projects, including those undertaken through the Food Sys-
tems 
Restructuring 
Program, 
which 
leverage 
private 
sector 
resources with United States Government assistance: Provided fur-
ther. That $5,000,000 shall be available for a small business incuba-
tor project: Provided further. That $5,000,000 shall be made avail-
able for screening and treatment of childhood mental and physical 
illnesses related to Chornobyl radiation: Provided further. 
That 
$5,000,000 shall be available only for a land and resource manage-
ment institute to identify nuclear contamination at Chornobyl: Pro-
vided further, That $15,000,000 shall be available for the legal 
restructuring necessary to support a decentralized market-oriented 
economic system, including enactment of necessary substantive 
commercial law, implementation of reforms necessary to establish 
an independent judiciary and bar, legal education for judges, attor-
neys, and law students, and education of the public designed to 
promote understanding of a law-based economy. 
(1) Of the funds made available for Ukraine, under this Act 
and Public Law 104-107, not less than $50,000,000 shall be made 
available to improve safety at nuclear reactors: Provided, 
That 
of this amount $20,000,000 shall be provided for the purchase 
and installation of, and training for, safety parameter display or 
control systems at all operational nuclear reactors: Provided further. 
That of this amount, $20,000,000 shall be made available for the 
purchase, construction, installation and training for Full Scope and 
Analytical/Engineering simulators: Provided further. That of this 
amount funds shall be made available to conduct Safety Analysis 
Reports at all operational nuclear reactors. 
(m) Of the funds made available by this Act, not less than 
$95,000,000 shall be made available for Armenia. 
(n) Funds appropriated under this heading or in prior appro-
priations Acts that are or have been made available for an Enter-
prise Fund may be deposited by such Fund in interest-bearing 
accounts prior to the disbursement of such funds by the Fund 
for program purposes. The Fund may retain for such program 
proposes any interest earned on such deposits without returning 
such interest to the Treasury of the United States and without 
further appropriation by the Congress. Funds made available for 
Enterprise Funds shall be expended at the minimum rate necessary 
to make timely pajnuent for projects and activities. 
(o)( 1) None of the funds appropriated under this heading may 
be made available for Russia unless the President determines and 
certifies in writing to the Committees on Appropriations that the 
Government of Russia has terminated implementation of arrange-
ments to provide Iran with technical expertise, training, technology, 
or equipment necessary to develop a nuclear reactor or related 
nuclear research facilities or programs. 
(2) Paragraph (1) shall not apply if the President determines 
that making such funds available is important to the national 
security interest of the United States. Any such determination 
shall cease to be effective six months after being made unless 
the President determines that its continuation is important to the 
national security interest of the United States. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-132 
(p) Of the funds made available under this heading, not less 
than $10,000,000 shall be made available for a United States con-
tribution to the Trans-Caucasus Enterprise Fund: Provided, That 
to further the development of the private sector in the Trans-
Caucasus, such amount and amounts appropriated for purposes 
of subsection (t) under the heading "Assistance for the New 
Independent States of the Former Soviet Union" in Public Law 
104—107 may be invested in a Trans-Caucasus Enterprise Fund 
or, notwithstanding the provisions of such subsection, invested in 
other funds established by public or private organizations, or trans-
ferred to the Overseas Private Investment Corporation to be avail-
able, subject to the requirements of the Federal Credit Reform 
Act, to subsidize the costs of direct and guaranteed loans. 
(q)( 1) Funds appropriated under this heading may not be made 
available for the Government of Ukraine if the President determines 
and reports to the Committees on Appropriations that the Govern-
ment of Ukraine is engaged in military cooperation with the Govern-
ment of Libya. 
(2) Paragraph (1) shall not apply if the President determines 
that making such funds available is important to the national 
security interest of the United States. Any such determination 
shall cease to be effective six months after being made unless 
the President determines that its continuation is important to the 
national security interest of the United States. 
(r) Of the funds appropriated under this heading, not less 
than $15,000,000 should be available only for a family planning 
program for the New Independent States of the former Soviet 
Union comparable to the family planning program currently 
administered by the Agency for International Development in the 
Central Asian Republics and focusing on population assistance 
which provides an alternative to abortion. 
(s) Funds made available under this Act or any other Act 
(other than assistance under title V of the FREEDOM Support 
Act and section 1424 of the "National Defense Authorization Act 
for Fiscal Year 1997") may not be provided for assistance to the 
Government of Azerbaijan until the President determines, and so 
reports to the Congress, that the Government of Azerbaijan is 
taking demonstrable steps to cease all blockades and other offensive 
uses of force against Armenia and Nagorno-Karabakh. 
(t) Of the funds appropriated under this heading, not less 
than $2,500,000 shall be made available for the American-Russian 
Center. 
INDEPENDENT AGENCY 
PEACE CORPS 
For expenses necessary to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), $208,000,000, including the purchase 
of not to exceed five passenger motor vehicles for administrative 
purposes for use outside of the United States: Provided, That none 
of the funds appropriated under this heading shall be used to 
pay for abortions: Provided further, That funds appropriated under 
this heading shall remain available until September 30, 1998. 
110 STAT. 3009-133 
PUBLIC LAW 104-208—SEPT. 30, 1996 
DEPARTMENT OF STATE 
INTERNATIONAL NARCOTICS CONTROL 
For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $213,000,000: Provided, That during fiscal 
year 1997, the Department of State may also use the authority 
of section 608 of the Foreign Assistance Act of 1961, without regard 
to its restrictions, to receive non-lethal excess property from an 
agency of the United States Government for the purpose of provid-
ing it to a foreign country under chapter 8 of part I of that Act 
subject to the regular notification procedures of the Committees 
on Appropriations: Provided further, That none of the funds made 
available under this heading may be provided to any unit of the 
security forces of a foreign country if the Secretary of State has 
credible evidence to believe such unit has committed gross violations 
of human rights unless the Secretary determines and reports to 
the Committees on Appropriations that the government of such 
country is taking steps to bring the responsible members of the 
security forces unit to justice. 
MIGRATION AND REFUGEE ASSISTANCE 
For expenses, not otherwise provided for, necessary to enable 
the Secretary of State to provicie, as authorized by law, a contribu-
tion to the International Committee of the Red Cross, assistance 
to refugees, including contributions to the International Organiza-
tion for Migration and the United Nations High Commissioner 
for Refugees, and other activities to meet refugee and migration 
needs; salaries and expenses of personnel and dependents as author-
ized by the Foreign Service Act of 1980; allowances as authorized 
by sections 5921 through 5925 of title 5, United States Code; 
purchase and hire of passenger motor vehicles; and services as 
authorized by section 3109 of title 5, United States Code, 
$650,000,000: Provided, That not more than $12,000,000 shall be 
available for administrative expenses: Provided further. That not 
less than $80,000,000 shall be made available for refugees from 
the former Soviet Union and Eastern Europe and other refugees 
resettling in Israel. 
REFUGEE RESETTLEMENT ASSISTANCE 
For necessary expenses for the targeted assistance program 
authorized by title IV of the Immigration and Nationality Act 
and section 501 of the Refugee Education Assistance Act of 1980 
and administered by the Office of Refugee Resettlement of the 
Department of Health and Human Services, in addition to amounts 
otherwise available for such purposes, $5,000,000. 
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE 
FUND 
For necessary expenses to carry out the provisions of section 
2(c) of the Migration and Refugee Assistance Act of 1962, as amend-
ed (22 U.S.C. 260(c)), $50,000,000, to remain available until 
expended: Provided, That the funds made available under this 
heading are appropriated notwithstanding the provisions contained 
in section 2(c)(2) of the Migration and Refugee Assistance Act 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-134 
of 1962 which would Umit the amount of funds which could be 
appropriated for this purpose. 
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED 
PROGRAMS 
For necessary expenses for nonproliferation, anti-terrorism and 
related programs and activities, $133,000,000, to carry out the 
provisions of chapter 8 of part II of the Foreign Assistance Act 
of 1961 for anti-terrorism assistance, section 504 of the FREEDOM 
Support Act for the Nonproliferation and Disarmament Fund, sec-
tion 23 of the Arms Export Control Act for demining activities, 
notwithstanding any other provision of law, including activities 
implemented through nongovernmental and international organiza-
tions, section 301 of the Foreign Assistance Act of 1961 for a 
voluntary contribution to the International Atomic Energy Agency 
(IAEA) and a voluntary contribution to the Korean Peninsula 
Energy Development Organization (KEDO), and for the acquisition 
and provision of goods and services, or for grants to Israel necessary 
to support the eradication of terrorism in and around Israel: Pro-
vided, That of this amount not to exceed $15,000,000, to remain 
available until expended, may be made available for the Non-
proliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided 
further. 
That such funds may also be used for such countries other than 
the new independent states of the former Soviet Union and inter-
national organizations when it is in the national security interest 
of the United States to do so: Provided further. That such funds 
shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further. That funds appro-
priated under this heading may be made available for the Inter-
national Atomic Energy Agency only if the Secretary of State deter-
mines (and so reports to the Congress) that Israel is not being 
denied its right to participate in the activities of that Agency: 
Provided further. That not to exceed $25,000,000 may be made 
available to the Korean Peninsula Energy Development Organiza-
tion (KEDO) only for the administrative expenses and heavy fuel 
oil costs associated with the Agreed Framework: Provided 
further. 
That such funds may be obligated to KEDO only if, prior to such 
obligation of funds, the President certifies and so reports to Con-
gress that (1)(A) the United States is taking steps to assure that 
progress is made on the implementation of the January 1, 1992, 
Joint Declaration on the Denuclearization of the Korean Peninsula 
and the implementation of the North-South dialogue, and (B) North 
Korea is complying with the other provisions of the Agreed Frame-
work between North Korea and the United States and with the 
Confidential Minute; (2) North Korea is cooperating fully in the 
canning and safe storage of all spent fuel from its graphite-mod-
erated nuclear reactors and that such canning and safe storage 
is scheduled to be completed by the end of fiscal year 1997; and 
(3) North Korea has not significantly diverted assistance provided 
by the United States for purposes for which it was not intended: 
Provided further. That the President may waive the certification 
requirements of the preceding proviso if the President determines 
that it is vital to the national security interests of the United 
States: Provided further. That no funds may be obligated for KEDO 
until 30 calendar days after submission to Congress of the waiver 
110 STAT. 3009-135 
PUBLIC LAW 104-208—SEPT. 30, 1996 
permitted under the preceding proviso: Provided further, 
That 
before obHgating any funds for KEDO, the President shall report 
to Congress on (1) the cooperation of North Korea in the process 
of returning to the United States the remains of United States 
military personnel who are listed as missing in action as a result 
of the Korean conflict (including conducting joint field activities 
with the United States); (2) violations of the military armistice 
agreement of 1953; (3) the actions which the United States is 
taking to assure that North Korea is consistently taking steps 
to implement the Joint Declaration on Denuclearization of the 
Korean Peninsula and engage in North-South dialogue; and (4) 
all instances of non-compliance with the Agreed Framework 
between North Korea and the United States and the Confidential 
Minute, including diversion of heavy fuel oil: Provided 
farther, 
That the obligation of such funds shall be subject to the regular 
notification procedures of the Committees on Appropriations: Pro-
vided further. That the Secretary of State shall submit to the 
appropriate congressional committees an annual report (to be 
submitted with the annual presentation for appropriations) provid-
ing a full and detailed accounting of the fiscal year request for 
the United States contribution to KEDO, the expected operating 
budget of the Korean Peninsula Energy Development Organization, 
to include proposed annual costs associated with heavy fuel oil 
purchases and other related activities, and the amount of funds 
pledged by other donor nations and organizations to support KEDO 
activities on a per country basis. 
TITLE III—MILITARY ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
INTERNATIONAL MILITARY EDUCATION AND TRAINING 
For necessary expenses to carry out the provisions of section 
541 of the Foreign Assistance Act of 1961, $43,475,000: Provided, 
That none of the funds appropriated under this heading shall be 
available for Zaire and Guatemala: Provided further. That funds 
appropriated under this heading for grant financed military edu-
cation and training for Indonesia may only be available for expanded 
international military education and training. 
FOREIGN MILITARY FINANCING PROGRAM 
For expenses necessary for grants to enable the President to 
carry out the provisions of section 23 of the Arms Export Control 
Act, $3,164,000,000: Provided, That of the funds appropriated by 
this paragraph not less than $1,800,000,000 shall be available for 
grants only for Israel, and not less than $1,300,000,000 shall be 
available for grants only for Egypt: Provided further. That the 
funds appropriated by thds paragraph for Israel shall be disbursed 
within thirty days of enactment of this Act or by October 31, 
1996, whichever is later: Provided further. That to the extent that 
the Government of Israel requests that funds be used for such 
purposes, grants made available for Israel by this paragraph shall, 
as agreed by Israel and the United States, be available for advanced 
weapons systems, of which not less than $475,000,000 shall be 
available for the procurement in Israel of defense articles and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-136 
defense services, including research and development: Provided fur-
ther, That of the funds made available under this paragraph, 
$30,000,000 shall be available for assistance on a grant basis for 
Poland, Hungary, and the Czech Republic to carry out title II 
of Public Law 103-477 and section 585 of Public Law 104-107: 
Provided further, That funds made available under this paragraph 
shall be nonrepayable notwithstanding any requirement in section 
23 of the Arms Export Control Act: Provided further, That, for 
the purpose only of providing support for NATO expansion and 
the Warsaw Initiative Program, of the funds appropriated by this 
Act under the headings "Assistance for Eastern Europe and the 
Baltic States" and "Assistance for the New Independent States 
of the Former Soviet Union", up to a total of $7,000,000 may 
be transferred, notwithstanding any other provision of law, to the 
funds appropriated under this paragraph: Provided further. That 
none of the funds made available under this heading shall be 
available for any non-NATO country participating in the Partner-
ship for Peace Program except through the regular notification 
procedures of the Committees on Appropriations. 
For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of direct loans authorized by section 23 of 
the Arms Export Control Act as follows: cost of direct loans, 
$60,000,000: Provided, That these funds are available to subsidize 
gross obligations for the principal amount of direct loans of not 
to exceed $540,000,000: Provided further, That the rate of interest 
charged on such loans shall be not less than the current average 
market yield on outstanding marketable obligations of the United 
States of comparable maturities: Provided further. That of the funds 
appropriated under this paragraph $20,000,000 shall be made avail-
able to Poland, Hungary, and the Czech Republic: Provided further. 
That funds appropriated under this heading shall be made available 
for Greece and Turkey only on a loan basis, and the principal 
amount of direct loans for each country shall not exceed the follow-
ing: $122,500,000 only for Greece and $175,000,000 only for Turkey. 
None of the funds made available under this heading shall 
be available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by 
the United States Government under the Arms Export Control 
Act unless the foreign country proposing to make such procurements 
has first signed an agreement with the United States Government 
specifying the conditions under which such procurements may be 
financed with such funds: Provided, That all country and funding 
level increases in allocations shall be submitted through the regular 
notification procedures of section 515 of this Act: Provided 
further. 
That funds made available under this heading shall be obligated 
upon apportionment in accordance with paragraph (5)(C) of title 
31, United States Code, section 1501(a): Provided further. That 
none of the funds appropriated under this heading shall be available 
for Zaire, Sudan, Liberia, and Guatemala: Provided further. That 
funds made available under this heading may be used, notwith-
standing any other provision of law, for activities related to the 
clearance of landmines and unexploded ordnance, and may include 
activities implemented through nongovernmental and international 
organizations: Provided further. That only those countries for which 
assistance was justified for the "Foreign Military Sales Financing 
Program" in the fiscal year 1989 congressional presentation for 
security assistance programs may utilize funds made available 
110 STAT. 3009-137 
PUBLIC LAW 104-208—SEPT. 30, 1996 
under this heading for procurement of defense articles, defense 
services or design and construction services that are not sold by 
the United States Government under the Arms Export Control 
Act: Provided further, That, subject to the regular notification proce-
dures of the Committees on Appropriations, funds made available 
under this heading for the cost of direct loans may also be used 
to supplement the funds available under this heading for grants, 
and funds made available under this heading for grants may also 
be used to supplement the funds available under this heading 
for the cost of direct loans: Provided further, That funds appro-
priated under this heading shall be expended at the minimum 
rate necessary to make timely pa5mnent for defense articles and 
services: Provided further. That not more than $23,250,000 of the 
funds appropriated under this heading may be obligated for nec-
essary expenses, including the purchase of passenger motor vehicles 
for replacement only for use outside of the United States, for the 
general costs of administering military assistance and sales: Pro-
vided further. That not more than $355,000,000 of funds realized 
pursuant to section 21(e)(1)(A) of the Arms Export Control Act 
may be obligated for expenses incurred by the Department of 
Defense during fiscal year 1997 pursuant to section 43(b) of the 
Arms Export Control Act, except that this limitation may be 
exceeded only through the regular notification procedures of the 
Committees on Appropriations. 
TITLE IV—MULTILATERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
INTERNATIONAL FINANCIAL INSTITUTIONS 
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION 
AND DEVELOPMENT 
For payment to the International Bank for Reconstruction and 
Development by the Secretary of the Treasury, for the United 
States contribution to the Global Environment Facility (GEF), 
$35,000,000, to remain available until September 30, 1998. 
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION 
For payment to the International Development Association by 
the Secretary of the Treasury, $700,000,000, for the United States 
contribution to the tenth replenishment, to remain available until 
expended: Provided, That none of the funds may be obligated before 
March 1, 1997: Provided further. That not less than twenty days 
before such funds are obligated, the Secretary of the Treasury 
shall submit a report to the Committees on Appropriations on 
his efforts to reach agreement with the other IDA-11 donors, includ-
ing at the February 1997 IDA-11 donors review meeting, that 
the procurement restrictions in the Interim Trust Fund will be 
lifted. 
CONTRIBUTION TO THE INTERNATIONAL FINANCE CORPORATION 
For payment to the International Finance Corporation by the 
Secretary of the Treasury, $6,656,000, for the United States share 
of the increase in subscriptions to capital stock, to remain available 
until expended. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-138 
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK 
For payment to the Inter-American Development Bank by the 
Secretary of the Treasury, for the United States share of the paid-
in share portion of the increase in capital stock, $25,610,667, and 
for the United States share of the increase in the resources of 
the Fund for Special Operations, $10,000,000, to remain available 
until expended. 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the Inter-American Development 
Bank may subscribe without fiscal year limitation to the callable 
capital portion of the United States share of such capital stock 
in an amount not to exceed $1,503,718,910. 
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS 
MULTILATERAL INVESTMENT FUND 
For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the United 
States contribution to the Fund to be administered by the Inter-
American Development Bank, $27,500,000 to remain available until 
expended. 
CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK 
For pa5mient to the Asian Development Bank by the Secretary 
of the Treasury for the United States share of the paid-in portion 
of the increase in capital stock, $13,221,596, to remain available 
until expended. 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the Asian Development Bank 
may subscribe without fiscal year limitation to the callable capital 
portion of the United States share of such capital stock in an 
amount not to exceed $647,858,204. 
CONTRIBUTION TO THE ASLW DEVELOPMENT FUND 
For the United States contribution by the Secretary of the 
Treasury to the increases in resources of the Asian Development 
Fund, as authorized by the Asian Development Bank Act, as amend-
ed (Public Law 89-369), $100,000,000, to remain available until 
expended. 
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND 
DEVELOPMENT 
For payment to the European Bank for Reconstruction and 
Development by the Secretary of the Treasury, $11,916,447, for 
the United States share of the paid-in share portion of the initial 
capital subscription, to remain available until expended. 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the European Bank for 
Reconstruction and Development may subscribe without fiscal year 
110 STAT. 3009-139 
PUBLIC LAW 104-208—SEPT. 30, 1996 
limitation to the callable capital portion of the United States share 
of such capital stock in an amount not to exceed $27,805,043. 
NORTH AMERICAN DEVELOPMENT BANK 
For payment to the North American Development Bank by 
the Secretary of the Treasury, for the United States share of the 
paid-in portion of the capital stock, $56,000,000, to remain available 
until expended. 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the North American Develop-
ment Bank may subscribe without fiscal year limitation to the 
callable capital portion of the United States share of the capital 
stock of the North American Development Bank in an amount 
not to exceed $318,750,000. 
INTERNATIONAL ORGANIZATIONS AND PROGRAMS 
For necessary expenses to carry out the provisions of section 
301 of the Foreign Assistance Act of 1961, and of section 2 of 
the United Nations Environment Program Participation Act of 1973, 
$169,950,000: Provided, That none of the funds appropriated under 
this heading shall be made available for the United Nations Fund 
for Science and Technology: Provided further. That none of the 
funds appropriated under this heading that are made available 
to the United Nations Population Fund (UNFPA) shall be made 
available for activities in the People's Republic of China: Provided 
further. That not more than $25,000,000 of the funds appropriated 
under this heading may be made available to the UNFPA: Provided 
further. That not more than one-half of this amount may be provided 
to UNFPA before March 1, 1997, and that no later than February 
15, 1997, the Secretary of State shall submit a report to the Commit-
tees on Appropriations indicating the amount UNFPA is budgeting 
for the People's Republic of China in 1997: Provided further. That 
any amount UNFPA plans to spend in the People's Republic of 
China in 1997 shall be deducted from the amount of funds provided 
to UNFPA after March 1, 1997, pursuant to the previous provisos: 
Provided further. That with respect to any funds appropriated under 
this heading that are made available to UNFPA, UNFPA shall 
be required to maintain such funds in a separate account and 
not commingle them with any other funds: Provided further. That 
none of the funds appropriated under this heading may be made 
available to the Korean Peninsula Energy Development Organiza-
tion (KEDO) or the International Atomic Energy Agency (IAEA). 
TITLE V—GENERAL PROVISIONS 
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY 
SEC. 501. Except for the appropriations entitled "International 
Disaster Assistance", and "United States Emergency Refugee and 
Migration Assistance Fund", not more than 15 per centum of any 
appropriation item made available by this Act shall be obligated 
during the last month of availability. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-140 
PROHIBITION OF BILATERAL FUNDING I OR INTERNATIONAL FINANCIAL 
INSTITUTIONS 
SEC. 502. None of the funcs contained in title II of this Act 
may be used to carry out the provisions of section 209(d) of the 
Foreign Assistance Act of 1961. 
LIMITATION ON RESIDENCE EXPENSES 
SEC. 503. Of the funds appropriated or made available pursuant 
to this Act, not to exceed $126,500 shall be for official residence 
expenses of the Agency for International Development during the 
current fiscal year: Provided, That appropriate steps shall be taken 
to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars, 
LIMITATION ON EXPENSES 
SEC. 504. Of the funds appropriated or made available pursuant 
to this Act, not to exceed $5,000 shall be for entertainment expenses 
of the Agency for International Development during the current 
fiscal year. 
LIMITATION ON REPRESENTATIONAL ALLOWANCES 
SEC. 505. Of the funds appropriated or made available pursuant 
to this Act, not to exceed $95,000 shall be available for representa-
tion allowances for the Agency for International Development dur-
ing the current fiscal year: Provided, That appropriate steps shall 
be taken to assure that, to the maximum extent possible. United 
States-owned foreign currencies are utilized in lieu of dollars: Pro-
vided further, That of the funds made available by this Act for 
general costs of administering military assistance and sales under 
the heading "Foreign Military Financing Program", not to exceed 
$2,000 shall be available for entertainment expenses and not to 
exceed $50,000 shall be available for representation allowances: 
Provided further. That of the funds made available by this Act 
under the heading "International Military Education and Training", 
not to exceed $50,000 shall be available for entertainment allow-
ances: Provided further. That of the funds made available by this 
Act for the Inter-American Foundation, not to exceed $2,000 shall 
be available for entertainment and representation allowances: Pro-
vided further. That of the funds made available by this Act for 
the Peace Corps, not to exceed a total of $4,000 shall be available 
for entertainment expenses: Provided further, That of the funds 
made available by this Act under the heading "Trade and Develop-
ment Agency", not to exceed $2,000 shall be available for representa-
tion and entertainment allowances. 
PROHIBITION ON FINANCING NUCLEAR GOODS 
SEC. 506. None of the funds appropriated or made available 
(other than funds for "Nonproliferation, Antiterrorism, Demining 
and Related Programs") pursuant to this Act, for carrying out 
the Foreign Assistance Act of 1961, may be used, except for purposes 
of nuclear safety, to finance the export of nuclear equipment, fuel, 
or technology. 
110 STAT. 3009-141 
PUBLIC LAW 104-208—SEPT. 30, 1996 
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES 
SEC. 507. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance directly any assistance or reparations to Cuba, Iraq, Libya, 
North Korea, Iran, Sudan, or Syria: Provided, That for purposes 
of this section, the prohibition on obligations or expenditures shall 
include direct loans, credits, insurance and guarantees of the 
Export-Import Bank or its agents. 
MILITARY COUPS 
S E C 508. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance directly any assistance to any country whose duly elected 
Head of Government is deposed by military coup or decree: Pro-
vided, That assistance may be resumed to such country if the 
President determines and reports to the Committees on Appropria-
tions that subsequent to the termination of assistance a democrat-
ically elected government has taken office. 
TRANSFERS BETWEEN ACCOUNTS 
SEC. 509. None of the funds made available by this Act may 
be obligated under an appropriation account to which they were 
not appropriated, except for transfers specifically provided for in 
this Act, unless the President, prior to the exercise of any authority 
contained in the Foreign Assistance Act of 1961 to transfer funds, 
consults with and provides a written policy justification to the 
Committees on Appropriations of the House of Representatives and 
the Senate. 
D E O B L I G A T I O N / R E O B L I G A T I O N AUTHORITY 
SEC. 510. (a) Amounts certified pursuant to section 1311 of 
the Supplemental Appropriations Act, 1955, as having been obli-
gated against appropriations heretofore made under the authority 
of the Foreign Assistance Act of 1961 for the same general purpose 
as any of the headings under title II of this Act are, if deobligated, 
hereby continued available for the same period as the respective 
appropriations under such headings or until September 30, 1997, 
whichever is later, and for the same general purpose, and for 
countries within the same region as originally obligated: Provided, 
That the Appropriations Committees of both Houses of the Congress 
are notified fifteen days in advance of the reobligation of such 
funds in accordance with regular notification procedures of the 
Committees on Appropriations. 
(b) Obligated balances of funds appropriated to carry out section 
23 of the Arms Export Control Act as of the end of the fiscal 
year immediately preceding the current fiscal year are, if 
deobligated, hereby continued available during the current fiscal 
year for the same purpose under any authority applicable to such 
appropriations under this Act: Provided, That the authority of this 
subsection may not be used in fiscal year 1997. 
AVAILABILITY OF FUNDS 
SEC. 511. No part of any appropriation contained in this Act 
shall remain available for obligation after the expiration of the 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-142 
current fiscal year unless expressly so provided in this Act: Pro-
vided, That funds appropriated for the purposes of chapters 1, 
8, and 11 of part I, section 667, and chapter 4 of part II of 
the Foreign Assistance Act of 1961, as amended, and funds provided 
under the heading "Assistance for Eastern Europe and the Baltic 
States", shall remain available until expended if such funds are 
initially obligated before the expiration of their respective periods 
of availability contained in this Act: Provided further. That, notwith-
standing any other provision of this Act, any funds made available 
for the purposes of chapter 1 of part I and chapter 4 of part 
II of the Foreign Assistance Act of 1961 which are allocated or 
obligated for cash disbursements in order to address balance of 
pa3mnents or economic policy reform objectives, shall remain avail-
able until expended: Provided further. That the report required 
by section 653(a) of the Foreign Assistance Act of 1961 shall des-
ignate for €ach country, to the extent known at the time of submis-
sion of such report, those funds allocated for cash disbursement 
for balance of payment and economic policy reform purposes. 
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT 
SEC. 512. No part of any appropriation contained in this Act 
shall be used to furnish assistance to any country which is in 
default during a period in excess of one calendar year in payment 
to the United States of principal or interest on any loan made 
to such country by the United States pursuant to a program for 
which funds are appropriated under this Act: Provided, That this 
section and section 620(q) of the Foreign Assistance Act of 1961 
shall not apply to funds made available in this Act or during 
the current fiscal year for Nicaragua, and for any narcotics-related 
assistance for Colombia, Bolivia, and Peru authorized by the Foreign 
Assistance Act of 1961 or the Arms Export Control Act. 
COMMERCE AND TRADE 
SEC. 513. (a) None of the funds appropriated or made available 
pursuant to this Act for direct assistance and none of the funds 
otherwise made available pursuant to this Act to the Export-Import 
Bank and the Overseas Private Investment Corporation shall be 
obligated or expended to finance any loan, any assistance or any 
other financial commitments for establishing or expanding produc-
tion of any commodity for export by any country other than the 
United States, if the commodity is likely to be in surplus on world 
markets at the time the resulting productive capacity is expected 
to become operative and if the assistance will cause substantial 
injury to United States producers of the same, similar, or competing 
commodity: Provided, That such prohibition shall not apply to the 
Export-Import Bank if in the judgment of its Board of Directors 
the benefits to industry and employment in the United States 
are likely to outweigh the injury to United States producers of 
the same, similar, or competing commodity, and the Chairman 
of the Board so notifies the Committees on Appropriations. 
(b) None of the funds appropriated by this or any other Act 
to carry out chapter 1 of part I of the Foreign Assistance Act 
of 1961 shall be available for any testing or breeding feasibility 
study, variety improvement or introduction, consultancy, publica-
tion, conference, or training in connection with the growth or 
production in a foreign country of an agricultural commodity for 
110 STAT. 3009-143 
PUBLIC LAW 104-208—SEPT. 30, 1996 
export which would compete with a similar commodity grown or 
produced in the United States: Provided, That this subsection shall 
not prohibit— 
(1) activities designed to increase food security in develop-
ing countries where such activities will not have a significant 
impact in the export of agricultural commodities of the United 
States; or 
(2) research activities intended primarily to benefit Amer-
ican producers. 
SURPLUS COMMODITIES 
22USC262h 
SEC. 514. The Secretary of the Treasury shall instruct the 
note. 
United States Executive Directors of the International Bank for 
Reconstruction and Development, the International Development 
Association, the International Finance Corporation, the Inter-Amer-
ican Development Bank, the International Monetary Fund, the 
Asian Development Bank, the Inter-American Investment Corpora-
tion, the North American Development Bank, the European Bank 
for Reconstruction and Development, the African Development 
Bank, and the African Development Fund to use the voice and 
vote of the United States to oppose any assistance by these institu-
tions, using funds appropriated or made available pursuant to this 
Act, for the production or extraction of any commodity or mineral 
for export, if it is in surplus on world markets and if the assistance 
will cause substantial injury to United States producers of the 
same, similar, or competing commodity. 
NOTIFICATION REQUIREMENTS 
SEC. 515. For the purposes of providing the Executive Branch 
with the necessary administrative flexibility, none of the funds 
made available under this Act for "Child Survival and Disease 
Programs Fund", "Development Assistance", "Debt restructuring", 
"International organizations and programs", "Trade and Develop-
ment Agency", "International narcotics control", "Assistance for 
Eastern Europe and the Baltic States", "Assistance for the New 
Independent States of the Former Soviet Union",'"Economic Support 
Fund", "Peacekeeping operations", "Operating expenses of the 
Agency for International Development", "Operating expenses of the 
Agency for International Development Office of Inspector General", 
"Nonproliferation, anti-terrorism, demining and related programs", 
"Foreign Military Financing Program", "International military edu-
cation and training", "Inter-American Foundation", "African Devel-
opment Foundation", "Peace Corps", "Migration and refugee assist-
ance", shall be available for obligation for activities, programs, 
projects, type of materiel assistance, countries, or other operations 
not justified or in excess of the amount justified to the Appropria-
tions Committees for obligation under any of these specific headings 
unless the Appropriations Committees of both Houses of Congress 
are previously notified fifteen days in advance: Provided, 
That 
the President shall not enter into any commitment of funds appro-
priated for the purposes of section 23 of the Arms Export Control 
Act for the provision of major defense equipment, other than conven-
tional ammunition, or other major defense items defined to be 
aircraft, ships, missiles, or combat vehicles, not previously justified 
to Congress or 20 per centum in excess of the quantities justified 
to Congress unless the Committees on Appropriations are notified 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-144 
fifteen days in advance of such commitment: Provided further, That 
this section shall not apply to any reprogramming for an activity, 
program, or project under chapter 1 of part I of the Foreign Assist-
ance Act of 1961 of less than 10 per centum of the amount previously 
justified to the Congress for obligation for such activity, program, 
or project for the current fiscal year: Provided further, That the 
requirements of this section or any similar provision of this Act 
or any other Act, including any prior Act requiring notification 
in accordance with the regular notification procedures of the 
Committees on Appropriations, may be waived if failure to do 
so would pose a substantial risk to human health or welfare: Pro-
vided further. That in case of any such waiver, notification to 
the Congress, or the appropriate congressional committees, shall 
be provided as early as practicable, but in no event later than 
three days after taking the action to which such notification require-
ment was applicable, in the context of the circumstances necessitat-
ing such waiver: Provided further, That any notification provided 
pursuant to such a waiver shall contain an explanation of the 
emergency circumstances. 
Drawdowns made pursuant to section 506(a)(2) of the Foreign 
Assistance Act of 1961 shall be subject to the regular notification 
procedures of the Committees on Appropriations. 
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL 
ORGANIZATIONS AND PROGRAMS 
SEC. 516. Notwithstanding any other provision of law or of 
this Act, none of the funds provided for "International Organizations 
and Programs" shall be available for the United States propor-
tionate share, in accordance with section 307(c) of the Foreign 
Assistance Act of 1961, for any programs identified in section 307, 
or for Libya, Iran, or, at the discretion of the President, Communist 
countries listed in section 620(f) of the Foreign Assistance Act 
of 1961, as amended: Provided, That, subject to the regular notifica-
tion procedures of the Committees on Appropriations, funds appro-
priated under this Act or any previously enacted Act making appro-
priations for foreign operations, export financing, and related pro-
grams, which are returned or not made available for organizations 
and programs because of the implementation of this section or 
any similar provision of law, shall remain available for obligation 
through September 30, 1998. 
ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL 
SEC. 517. The Congress finds that progress on the peace process 
in the Middle East is vitally important to United States security 
interests in the region. The Congress recognizes that, in fulfilling 
its obligations under the Treaty of Peace Between the Arab Republic 
of Egypt and the State of Israel, done at Washington on March 
26, 1979, Israel incurred severe economic burdens. Furthermore, 
the Congress recognizes that an economically and militarily secure 
Israel serves the security interests of the United States, for a 
secure Israel is an Israel which has the incentive and confidence 
to continue pursuing the peace process. Therefore, the Congress 
declares that, subject to the availability of appropriations, it is 
the policy and the intention of the United States that the funds 
provided in annual appropriations for the Economic Support Fund 
which are allocated to Israel shall not be less than the annual 
110 STAT. 3009-145 
PUBLIC LAW 104-208—SEPT. 30, 1996 
debt repayment (interest and principal) from Israel to the United 
States Government in recognition that such a principle serves 
United States interests in the region. 
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY 
STERILIZATION 
SEC. 518. None of the funds made available to carry out part 
I of the Foreign Assistance Act of 1961, as amended, may be 
used to pay for the performance of abortions as a method of family 
planning or to motivate or coerce any person to practice abortions. 
None of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be used to pay for the 
performance of involuntary sterilization as a method of family plan-
ning or to coerce or provide any financial incentive to any person 
to undergo sterilizations. None of the funds made available to 
carry out part I of the Foreign Assistance Act of 1961, as amended, 
may be used to pay for any biomedical research which relates 
in whole or in part, to methods of, or the performance of, abortions 
or involuntary sterilization as a means of family planning. None 
of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be obligated or expended 
for any country or organization if the President certifies that the 
use of these funds by any such country or organization would 
violate any of the above provisions related to abortions and involun-
tary sterilizations: Provided, That none of the funds made available 
under this Act may be used to lobby for or against abortion. 
AUTHORIZATION FOR POPULATION PLANNING 
SEC. 518A. (a) None of the funds made available in title II 
of this Act for population planning activities or other population 
assistance pursuant to section 104(b) of the Foreign Assistance 
Act or any other provision of law may be obligated or expended 
prior to July 1, 1997. 
(b) Not to exceed $385,000,000 of the funds appropriated in 
title II of this Act may be made available for population planning 
activities or other population assistance. 
(c) Such funds may be apportioned only on a monthly basis, 
and such monthly apportionments may not exceed 8 percent of 
the total available for such activities. 
(d) Not later than February 1, 1997, the President shall submit 
a finding to the Congress regarding the impact of the limitation 
on obligations imposed by subsection (a) of this section on the 
proper functioning of the population planning program. If such 
Presidential finding indicates that the limitation is having a nega-
tive impact on the proper functioning of the population planning 
program, funds for population planning activities and other popu-
lation assistance referred to in subsection (a) may be made available 
beginning March 1, 1997, notwithstanding the July 1, 1997, limita-
tion set forth in subsection (a), if the Congress approves such 
finding by adoption of a joint resolution of approval not later than 
February 28, 1997, in accordance with subsection (e). 
(e) CONGRESSIONAL REVIEW PROCEDURE.— 
(1) This subsection is enacted by Congress— 
(A) as an exercise of the rulemaking power of the 
House of Representatives and the Senate, respectively, and 
as such it is deemed a part of the rules of each House, 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-146 
respectively, but applicable only with respect to the proce-
dure to be followed in that House in the case of resolutions 
described by paragraph (2) of this subsection; and it super-
sedes other rules only to the extent that it is inconsistent 
therewith; and 
(B) with full recognition of the constitutional right 
of either House to change the rules (so far as those rules 
relate to the procedure of that House) at any time, in 
the same manner, and to the same extent as in the case 
of any other rule of such House. 
(2) For purposes of this section, the term "resolution" means 
a joint resolution, the text of which is as follows: "That the 
House of Representatives and Senate approve the Presidential 
finding, submitted to the Congress on XXXXX, that the limita-
tion on obligations imposed by section 518A(a) of the Foreign 
Operations, Export Financing, and Related Programs Appro-
priations Act, 1997, is having a negative impact on the proper 
functioning of the population planning program.". The blank 
space therein shall be filled with the date on which the Presi-
dent submits his finding to the House of Representatives and 
the Senate. 
(3) On the day on which the President submits a finding 
under this section to the Congress, a joint resolution described 
in paragraph (2) shall be introduced (by request) in the House 
by the majority leader of the House, for himself and the minor-
ity leader of the House, or by Members of the House designated 
by the majority leader and minority leader of the House; and 
shall be introduced (by request) in the Senate by the majority 
leader of the Senate, for himself and the minority leader of 
the Senate, or by Members of the Senate designated by the 
majority leader and minority leader of the Senate. If either 
House is not in session on the day on which the President 
submits such finding, the resolution shall be introduced in 
that House, as provided in the preceding sentence, on the 
first day thereafter on which that House is in session. A resolu-
tion once introduced in the House with respect to a Presidential 
finding under this section shall be referred to 1 or more commit-
tees (and all resolutions with respect to the same Presidential 
finding shall be referred to the same committee or committees) 
by the Speaker of the House of Representatives. A resolution 
once introduced in the Senate with respect to a Presidential 
finding under this section shsJl be referred to the appropriate 
committee (and all resolutions with respect to the same Presi-
dential finding shall be referred to the same committee) by 
the President of the Senate. 
(4) No amendment to a resolution introduced under this 
section shall be in order in either the House of Representatives 
or the Senate; and no motion to suspend the application of 
this subsection shall be in order in either House, nor shall 
it be in order in either House for the presiding officer to 
entertain a request to suspend the application of this subsection 
by unanimous consent. 
(5)(A) If any committee to which a resolution with respect 
to a Presidential finding under this section has been referred 
has not reported it at the end of 5 calendar days after its 
introduction, such committee shall be automatically discharged 
from further consideration of the resolution and it shall be 
110 STAT. 3009-147 
PUBLIC LAW 104-208—SEPT. 30, 1996 
placed on the appropriate calendar. A vote on final passage 
of the resolution, shall be taken in each House on or before 
February 28, 1997. If prior to the passage by 1 House of 
a resolution of that House under this section, that House 
receives the same resolution from the other House, then— 
(i) the procedure in that House shall be the same 
as if no resolution had been received from the other House, 
but 
(ii) the vote on final passage shall be on the resolution 
of the other House. 
(6)(A) A motion in the House of Representatives to proceed 
to the consideration of a resolution under this section shall 
be highly privileged and not debatable. An amendment to the 
motion shall not be in order, nor shall it be in order to move 
to reconsider the vote by which the motion is agreed to or 
disagreed to. 
(B) Debate in the House of Representatives on the resolu-
tion described in paragraph (2) of this subsection shall be 
limited to not more than 2 hours, which shall be divided equally 
between those favoring and those opposing such resolution. 
A motion to further limit debate shall not be debatable. It 
shall not be in order to move to recommit a resolution or 
to move to reconsider the vote by which such resolution was 
agreed to or disagreed to. 
(C) Appeals from the decision of the Chair relating to 
the application of the rules of the House of Representatives 
to the procedures relating to a resolution under this section 
shall be decided without debate. 
(D) Except to the extent specifically provided in preceding 
provisions of this subsection, consideration in the House of 
Representatives of a resolution under this subsection shall be 
governed by the rules of the House of Representatives 
applicable to other resolutions in similar circumstances. 
(7)(A) A motion in the Senate to proceed to the consider-
ation of a resolution under this section shall not debatable. 
It shall not be in order to move to reconsider the vote by 
which the motion is agreed to or disagreed to. 
(B) Debate in the Senate on the resolution described in 
paragraph (2) of this subsection, and all debatable motions 
and appeals in connection therewith, shall be limited to not 
more than 2 hours. The time shall be equally divided between, 
and controlled by, the mover and the manager of the resolution, 
except that in the event the manager of the resolution is 
in favor of any such motion or appeal, the time in opposition 
thereto shall be controlled by the minority leader or his des-
ignee. Such leaders, or either of them, may, from time under 
their control on the passage of a resolution, allot additional 
time to any Senator during the consideration of any debatable 
motion or appeal. 
(C) A motion in the Senate to further limit debate is 
not debatable. A motion to recommit a resolution is not in 
order. 
REPORTING REQUIREMENT 
SEC. 519. The President shall submit to the Committees on 
Appropriations the reports required by section 25(a)(1) of the Arms 
Export Control Act. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-148 
SPECIAL NOTIFICATION REQUIREMENTS 
SEC. 520. None of the funds appropriated in this Act shall 
be obligated or expended for Colombia, Guatemala (except that 
this provision shall not apply to development assistance for Guate-
mala), Dominican Republic, Haiti, Liberia, Pakistan, Peru, Serbia, 
Sudan, or Zaire except as provided through the regular notification 
procedures of the Committees on Appropriations. 
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY 
SEC. 521. For the purpose of this Act, "program, project, and 
activity" shall be defined at the Appropriations Act account level 
and shall include all Appropriations and Authorizations Acts ear-
marks, ceilings, and limitations with the exception that for the 
following accounts: Economic Support Fund and Foreign Military 
Financing Program, "program, project, and activity" shall also be 
considered to include country, regional, and central program level 
funding within each such account; for the development assistance 
accounts of the Agency for International Development "program, 
project, and activity" shall also be considered to include central 
program level funding, either as (1) justified to the Congress, or 
(2) allocated by the executive branch in accordance with a report, 
to be provided to the Committees on Appropriations within thirty 
days of enactment of this Act, as required by section 653(a) of 
the Foreign Assistance Act of 1961. 
CHILD SURVIVAL AND AIDS ACTIVITIES 
SEC. 522. Up to $8,000,000 of the funds made available by 
this Act for assistance for family planning, health, child survival, 
and AIDS, may be used to reimburse United States Government 
agencies, agencies of State governments, institutions of higher 
learning, and private and voluntary organizations for the full cost 
of individuals (including for the personal services of such individ-
uals) detailed or assigned to, or contracted by, as the case may 
be, the Agency for International Development for the purpose of 
carrying out family planning activities, child survival activities 
and activities relating to research on, and the treatment and control 
of acquired immune deficiency syndrome in developing countries: 
Provided, That funds appropriated by this Act that are made avail-
able for child survival activities or activities relating to research 
on, and the treatment and control of, acquired immune deficiency 
S5mdrome may be made available notwithstanding any provision 
of law that restricts assistance to foreign countries: Provided fur-
ther. That funds appropriated by this Act that are made available 
for family planning activities may be made available notwithstand-
ing section 512 of this Act and section 620(q) of the Foreign Assist-
ance Act of 1961. 
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES 
SEC. 523. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated to finance indirectly 
any assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, 
North Korea, or the People's Republic of China, unless the President 
of the United States certifies that the withholding of these funds 
is contrary to the national interest of the Untied States. 
110 STAT. 3009-149 
PUBLIC LAW 104-208—SEPT. 30, 1996 
RECIPROCAL LEASING 
22 use 2796. 
SEC. 524. Section 61(a) of the Arms Export Control Act is 
amended by striking out "1996" and inserting in lieu thereof "1997". 
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT 
SEC. 525. Prior to providing excess Department of Defense 
articles in accordance with section 516(a) of the Foreign Assistance 
Act of 1961, the Department of Defense shall notify the Committees 
on Appropriations to the same extent and under the same conditions 
as are other committees pursuant to subsection (c) of that section: 
Provided, That before issuing a letter of offer to sell excess defense 
articles under the Arms Export Control Act, the Department of 
Defense shall notify the Committees on Appropriations in accord-
ance with the regular notification procedures of such Committees: 
Provided further, That such Committees shall also be informed 
of the original acquisition cost of such defense articles. 
AUTHORIZATION REQUIREMENT 
SEC. 526. Funds appropriated by this Act may be obligated 
and expended notwithstanding section 10 of Public Law 91-672 
and section 15 of the State Department Basic Authorities Act of 
1956. 
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES 
SEC. 527. (a) Notwithstanding any other provision of law, funds 
appropriated for bilateral assistance under any heading of this 
Act and funds appropriated under any such heading in a provision 
of law enacted prior to enactment of this Act, shall not be made 
available to any country which the President determines— 
(1) grants sanctuary from prosecution to any individual 
or group which has committed an act of international terrorism, 
or 
(2) otherwise supports international terrorism. 
(b) The President may waive the application of subsection 
(a) to a country if the President determines that national security 
or humanitarian reasons justify such waiver. The President shall 
publish each waiver in the Federal Register and, at least fifteen 
days before the waiver takes effect, shall notify the Committees 
on Appropriations of the waiver (including the justification for 
the waiver) in accordance with the regular notification procedures 
of the Committees on Appropriations. 
COMMERCIAL LEASING OF DEFENSE ARTICLES 
22 use 2763 
SEC. 528. Notwithstanding any other provision of law, and 
note- 
subject to the regular notification procedures of the Committees 
on Appropriations, the authority of section 23(a) of the Arms Export 
Control Act may be used to provide financing to Israel, Egypt 
and NATO and major non-NATO allies for the procurement by 
leasing (including leasing with an option to purchase) of defense 
articles from United States commercial suppliers, not including 
Major Defense Equipment (other than helicopters and other types 
of aircraft having possible civilian application), if the President 
determines that there are compelling foreign policy or national 
security reasons for those defense articles being provided by 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-150 
commercial lease rather than by government-to-government sale 
under such Act. 
COMPETITIVE INSURANCE 
SEC. 528A. All Agency for International Development contracts 
and solicitations, and subcontracts entered into under such con-
tracts, shall include a clause requiring that United States insurance 
companies have a fair opportunity to bid for insurance when such 
insurance is necessary or appropriate. 
STINGERS IN THE PERSIAN GULF REGION 
SEC. 529. Except as provided in section 581 of the Foreign 
Operations, Export Financing, and Related Programs Appropria-
tions Act, 1990, the United States may not sell or otherwise make 
available any Stingers to any country bordering the Persian Gulf 
under the Arms Export Control Act or chapter 2 of part II of 
the Foreign Assistance Act of 1961. 
DEBT-FOR-DEVELOPMENT 
SEC. 530. In order to enhance the continued participation of 
nongovernmental organizations in economic assistance activities 
under the Foreign Assistance Act of 1961, including endowments, 
debt-for-development and debt-for-nature exchanges, a nongovern-
mental organization which is a grantee or contractor of the Agency 
for International Development may place in interest bearing 
accounts funds made available under this Act or prior Acts or 
local currencies which accrue to that organization as a result of 
economic assistance provided under title II of this Act and any 
interest earned on such investment shall be used for the purpose 
for which the assistance was provided to that organization. 
SEPARATE ACCOUNTS 
SEC. 531. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.— 22 use 2359 
(1) If assistance is furnished to the government of a foreign country note. 
under chapters 1 and 10 of part I or chapter 4 of part II of 
the Foreign Assistance Act of 1961 under agreements which result 
in the generation of local currencies of that country, the Adminis-
trator of the Agency for International Development shall— 
(A) require that local currencies be deposited in a separate 
account established by that government; 
(B) enter into an agreement with that government which 
sets forth— 
(i) the amount of the local currencies to be generated, 
and 
(ii) the terms and conditions under which the cur-
rencies so deposited may be utilized, consistent with this 
section; and 
(C) establish by agreement with that government the 
responsibilities of the Agency for International Development 
and that government to monitor and account for deposits into 
and disbursements from the separate account. 
(2) USES OF LOCAL CURRENCIES.—AS may be agreed upon with 
the foreign government, local currencies deposited in a separate 
account pursuant to subsection (a), or an equivalent amount of 
local currencies, shall be used only— 
110 STAT. 3009-151 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(A) to carry out chapters 1 or 10 of part I or chapter 
4 of part II (as the case may be), for such purposes as— 
(i) project and sector assistance activities, or 
(ii) debt and deficit financing; or 
(B) for the administrative requirements of the United 
States Government. 
(3) PROGRAMMING ACCOUNTABILITY.—The Agency for Inter-
national Development shall take all necessary steps to ensure that 
the equivalent of the local currencies disbursed pursuant to sub-
section (a)(2)(A) from the separate account established pursuant 
to subsection (a)(1) are used for the purposes agreed upon pursuant 
to subsection (a)(2). 
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination 
of assistance to a country under chapters 1 or 10 of part I or 
chapter 4 of part II (as the case may be), any unencumbered 
balances of funds which remain in a separate account established 
pursuant to subsection (a) shall be disposed of for such purposes 
as may be agreed to by the government of that country and the 
United States Government. 
(5) CONFORMING AMENDMENTS.—The provisions of this sub-
section shall supersede the tenth and eleventh provisos contained 
under the heading "Sub-Saharan Africa, Development Assistance" 
as included in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 and sections 531(d) 
and 609 of the Foreign Assistance Act of 1961. 
(6) 
REPORTING 
REQUIREMENT.—The Administrator of the 
Agency for International Development shall report on an annual 
basis as part of the justification documents submitted to the 
Committees on Appropriations on the use of local currencies for 
the administrative requirements of the United States Government 
as authorized in subsection (a)(2)(B), and such report shall include 
the amount of local currency (and United States dollar equivalent) 
used and/or to be used for such purpose in each applicable country. 
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1) If assist-
ance is made available to the government of a foreign country, 
under chapters 1 or 10 of part I or chapter 4 of part II of the 
Foreign Assistance Act of 1961, as cash transfer assistance or 
as nonproject sector assistance, that country shall be required to 
maintain such funds in a separate account and not commingle 
them with any other funds. 
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such funds 
may be obligated and expended notwithstanding provisions of law 
which are inconsistent with the nature of this assistance including 
provisions which are referenced in the Joint Explanatory Statement 
of the Committee of Conference accompanying House Joint Resolu-
tion 648 (H. Report No. 98-1159). 
(3) NOTIFICATION.—^At lest fifteen days prior to obligating any 
such cash transfer or nonproject sector assistance, the President 
shall submit a notification through the regular notification proce-
dures of the Committees on Appropriations, which shall include 
a detailed description of how the funds proposed to be made avail-
able will be used, with a discussion of the United States interests 
that will be served by the assistance (including, as appropriate, 
a description of the economic policy reforms that will be promoted 
by such assistance). 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-152 
(4) EXEMPTION.—^Nonproject sector assistance funds may be 
exempt from the requirements of subsection (b)(1) only through 
the notification procedures of the Committees on Appropriations. 
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO 
INTERNATIONAL FINANCING INSTITUTIONS 
SEC. 532. (a) No funds appropriated by this Act may be made 
as payment to any international financial institution while the 
United States Executive Director to such institution is compensated 
by the institution at a rate which, together with whatever com-
pensation such Director receives from the United States, is in 
excess of the rate provided for an individual occupying a position 
at level IV of the Executive Schedule under section 5315 of title 
5, United States Code, or while any alternate United States Director 
to such institution is compensated by the institution at a rate 
in excess of the rate provided for an individual occupying a position 
at level V of the Executive Schedule under section 5316 of title 
5, United States Code. 
(b) For purposes of this section, "international financial institu-
tions" are: the International Bank for Reconstruction and Develop-
ment, the Inter-American Development Bank, the Asian Develop-
ment Bank, the Asian Development Fund, the African Development 
Bank, the African Development Fund, the International Monetary 
Fund, the North American Development Bank, and the European 
Bank for Reconstruction and Development. 
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ 
SEC. 533. (a) DENIAL OF ASSISTANCE.—None of the funds appro- 
so use i70i 
priated or otherwise made available pursuant to this Act to carry note, 
out the Foreign Assistance Act of 1961 (including title IV of chapter 
2 of part I, relating to the Overseas Private Investment Corporation) 
or the Arms Export Control Act may be used to provide assistance 
to any country that is not in compliance with the United Nations 
Security Council sanctions against Iraq, Serbia or Montenegro 
unless the President determines and so certifies to the Congress 
that— 
(1) such assistance is in the national interest of the United 
States; 
(2) such assistance will directly benefit the needy people 
in that country; or 
(3) the assistance to be provided will be humanitarian 
assistance for foreign nationals who have fled Iraq and Kuwait, 
(b) IMPORT SANCTIONS.—If the President considers that the 
taking of such action would promote the effectiveness of the eco-
nomic sanctions of the United Nations and the United States 
imposed with respect to Iraq, Serbia, or Montenegro, as the case 
may be, and is consistent with the national interest, the President 
may prohibit, for such a period of time as he considers appropriate, 
the importation into the United States of any or all products of 
any foreign country that has not prohibited— 
(1) the importation of products of Iraq, Serbia, or 
Montenegro into its customs territory, and 
(2) the export of its products to Iraq, Serbia, or Montenegro, 
as the case may be. 
110 STAT. 3009-153 
PUBLIC LAW 104-208—SEPT. 30, 1996 
COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES 
22 use 2762 
SEC. 533A. Direct costs associated with meeting a foreign cus-
iiote. 
tomer's additional or unique requirements will continue to be allow-
able under contracts under section 22(d) of the Arms Export Control 
Act. Loadings applicable to such direct costs shall be permitted 
at the same rates applicable to procurement of like items purchased 
by the Department of Defense for its own use. 
POW/MIA MILITARY DRAWDOWN 
SEC. 534. (a) Notwithstanding any other provision of law, the 
President may direct the drawdown, without reimbursement by 
the recipient, of defense articles from the stocks of the Department 
of Defense, defense services of the Department of Defense, and 
military education and training, of an aggregate value not to exceed 
$15,000,000 in fiscal year 1997, as may be necessary to carry 
out subsection (b). 
(b) Such defense articles, services and training may be provided 
to Vietnam, Cambodia and Laos, under subsection (a) as the Presi-
dent determines are necessary to support efforts to locate and 
repatriate members of the United States Armed Forces and civilians 
employed directly or indirectly by the United States Grovernment 
who remain unaccounted for from the Vietnam War, and to ensure 
the safety of United States Government personnel engaged in such 
cooperative efforts and to support United States Department of 
Defense-sponsored humanitarian projects associated with the POW/ 
MIA efforts. Any aircraft shall be provided under this section only 
to Laos and only on a lease or loan basis, but may be provided 
at no cost notwithstanding section 61 of the Arms Export Control 
Act and may be maintained with defense articles, services and 
training provided under this section. 
(c) The President shall, within sixty days of the end of any 
fiscal year in which the authority of subsection (a) is exercised, 
submit a report to the Congress which identifies the articles, serv-
ices, and training drawn down under this section. 
MEDITERRANEAN EXCESS DEFENSE ARTICLES 
22USC2321J 
SEC. 535. For the four-year period beginning on October 1, 
note. 
1996, the President shall ensure that excess defense articles will 
be made available under section 516 and 519 of the Foreign Assist-
ance Act of 1961 consistent with the manner in which the President 
made available excess defense articles under those sections during 
the four-year period that began on October 1, 1992, pursuant to 
section 5'73(e) of the Foreign Operations, Export Financing, Related 
Programs Appropriations Act, 1990. 
CASH FLOW FINANCING 
SEC. 536. For each country that has been approved for cash 
flow financing (as defined in section 25(d) of the Arms Export 
Control Act, as added by section 112(b) of Public Law 99-83) under 
the Foreign Military Financing Program, any Letter of Offer and 
Acceptance or other purchase agreement, or any amendment there-
to, for a procurement in excess of $100,000,000 that is to be financed 
in whole or in part with funds made available under this Act 
shall be submitted through the regular notification procedures to 
the Committees on Appropriations. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-154 
AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMERICAN 
FOUNDATION AND THE AFRICAN DEVELOPMENT FOUNDATION 
SEC. 537. Unless expressly provided to the contrary, provisions 
of this or any other Act, including provisions contained in prior 
Acts authorizing or making appropriations for foreign operations, 
export financing, and related programs, shall not be construed 
to prohibit activities authorized by or conducted under the Peace 
Corps Act, the Inter-American Foundation Act, or the African Devel-
opment Foundation Act. The appropriate agency shall promptly 
report to the Committees on Appropriations whenever it is conduct-
ing activities or is proposing to conduct activities in a country 
for which assistance is prohibited. 
IMPACT ON JOBS IN THE UNITED STATES 
SEC. 538. None of the funds appropriated by this Act may 
be obligated or expended to provide— 
(a) any financial incentive to a business enterprise cur-
rently located in the United States for the purpose of inducing 
such an enterprise to relocate outside the United States if 
such incentive or inducement is likely to reduce the number 
of employees of such business enterprise in the United States 
because United States production is being replaced by such 
enterprise outside the United States; 
(b) assistance for the purpose of establishing or developing 
in a foreign country any export processing zone or designated 
area in which the tax, tariff, labor, environment, and safety 
laws of that country do not apply, in part or in whole, to 
activities carried out within that zone or area, unless the Presi-
dent determines and certifies that such assistance is not likely 
to cause a loss of 
jobs within the United States; or 
(c) assistance for any project or activity that contributes 
to the violation of internationally recognized workers rights, 
as defined in section 502(a)(4) of the Trade Act of 1974, of 
workers in the recipient country, including any designated zone 
or area in that country: Provided, That in recognition that 
the application of this subsection should be commensurate with 
the level of development of the recipient country and sector, 
the provisions of this subsection shall not preclude assistance 
for the informal sector in such country, micro and small-scale 
enterprise, and smallholder agriculture. 
AUTHORITY TO ASSIST BOSNIA AND HERZEGOVINA 
SEC. 539. (a) The President is authorized to direct the transfer, 
subject to prior notification of the Committees on Appropriations, 
to the Government of Bosnia and Herzegovina, without reimburse-
ment, of defense articles from the stocks of the Department of 
Defense and defense services of the Department of Defense of 
an aggregate value of not to exceed $10(5,000,000 in fiscal years 
1996 and 1997: Provided, That the President certifies in a timely 
fashion to the Congress that the transfer of such articles would 
assist that nation in self-defense and thereby promote the security 
and stability of the region. 
(b) Within 60 days of any transfer under the authority provided 
in subsection (a), and every 60 days thereafter, the President shall 
report in writing to the Speaker of the House of Representatives 
110 STAT. 3009-155 
PUBLIC LAW 104-208-rSEPT. 30, 1996 
and the President pro tempore of the Senate concerning the articles 
transferred and the disposition thereof. 
(c) There are authorized to be appropriated to the President 
such sums as may be necessary to reimburse the appHcable appro-
priation, fund, or account for defense articles provided under this 
section. 
RESTRICTIONS ON THE TERMINATION OF SANCTIONS AGAINST SERBIA 
AND MONTENEGRO 
50 use 1701 
SEC. 540. (a) RESTRICTIONS.—Notwithstanding any other provi-
°ote. 
sion of law, no sanction, prohibition, or requirement described in 
section 1511 of the National Defense Authorization Act for Fiscal 
Year 1994 (PubUc Law 103-160), with respect to Serbia or 
Montenegro, may cease to be effective, unless— 
(1) the President first submits to the Congress a certifi-
cation described in subsection (b); and 
(2) the requirements of section 1511 of that Act are met. 
(b) CERTIFICATION.—^A certification described in this subsection 
is a certification that— 
(1) there is substantial progress toward— 
(A) the realization of a separate identity for Kosova 
and the right of the people of Kosova to govern themselves; 
or 
(B) the creation of an international protectorate for 
Kosova; 
(2) there is substantial improvement in the human rights 
situation in Kosova; 
(3) international human rights observers are allowed to 
return to Kosova; and 
(4) the elected government of Kosova is permitted to meet 
and carry out its legitimate mandate as elected representatives 
of the people of Kosova. 
(c) WAIVER AUTHORITY.—^The President may waive the applica-
tion in whole or in part, of subsection (a) if the President certifies 
to the Congress that the President has determined that the waiver 
is necessary to meet emergency humanitarian needs or to achieve 
a negotiated settlement of the conflict in Bosnia and Herzegovina 
that is acceptable to the parties. 
SPECIAL AUTHORITIES 
SEC. 541. (a) Funds appropriated in title II of this Act that 
are made available for Afghanistan, Lebanon, and Cambodia, and 
for victims of war, displaced children, displaced Burmese, humani-
tarian assistance for Romania, and humanitarian assistance for 
the peoples of Bosnia and Herzegovina, Croatia, and Kosova, may 
be made available notwithstanding any other provision of law: 
Provided, That any such funds that are made available for Cam-
bodia shall be subject to the provisions of section 531(e) of the 
Foreign Assistance Act of 1961 and section 906 of the International 
Security and Development Cooperation Act of 1985: Provided fur-
ther. That none of the funds appropriated by this Act may be 
made available for assistance for any country or organization that 
the Secretary of State determines is cooperating, tactically or strate-
gically, with the Khmer Rouge in their military operations, or 
to the military of any country that is not acting vigorously to 
prevent its members from facilitating the export of timber from 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-156 
Cambodia by the Khmer Rouge: Provided further, That the Sec-
retary of State shall submit a report to the Committees on Appro-
priations by February 1, 1997, on whether there are any countries, 
organizations, or militaries for which assistance is prohibited under 
the previous proviso, the basis for such conclusions and, if appro-
priate, the steps being taken to terminate assistance: Provided 
further, That the prohibition on assistance to the military of any 
country that is not acting vigorously to prevent its members from 
facilitating the export of timber from Cambodia by the Khmer 
Rouge may be waived by the President if he determines and reports 
to the Committees on Appropriations that it is important to the 
national security interest of the United States to do so. 
(b) Funds appropriated by this Act to carry out the provisions 
of sections 103 through 106 of the Foreign Assistance Act of 1961 
may be used, notwithstanding any other provision of law, for the 
purpose of supporting tropical forestry and energy programs aimed 
at reducing emissions of greenhouse gases, and for the purpose 
of supporting biodiversity conservation activities: Provided, That 
such assistance shall be subject to sections 116, 502B, and 620A 
of the Foreign Assistance Act of 1961. 
(c) During fiscal year 1997, the President may use up to 
$40,000,000 under the authority of section 451 of the Foreign Assist-
ance Act of 1961, notwithstanding the funding ceiling contained 
in subsection (a) of that section. 
(d) The Agency for International Development may employ 
personal services contractors, notwithstanding any other provision 
of law, for the purpose of administering programs for the West 
Bank and Gaza. 
POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT OF ISRAEL 
SEC. 542. It is the sense of the Congress that— 
(1) the Arab League countries should immediately and 
publicly renounce the primary boycott of Israel and the second-
ary and tertiary boycott of Ajnerican firms that have commer-
cial ties with Israel; and 
(2) the President should— 
(A) take more concrete steps to encourage vigorously 
Arab League countries to renounce publicly the primary 
boycotts of Israel and the secondary and tertiary boycotts 
of American firms that have commercial relations with 
Israel as a confidence-building measure; 
(B) take into consideration the participation of any 
recipient country in the primary boycott of Israel and the 
secondary and tertiary boycotts of American firms that 
have commercial relations with Israel when determining 
whether to sell weapons to said county; 
(C) report to Congress on the specific steps being taken 
by the President to bring about a public renunciation of 
the Arab primary boycott of Israel and the secondary and 
tertiary boycotts of American firms that have commercial 
relations with Israel; and 
(D) encourage the allies and trading partners of the 
United States to enact laws prohibiting businesses from 
complying with the boycott and penalizing businesses that 
do comply. 
110 STAT. 3009-157 
PUBLIC LAW 104-208—SEPT. 30, 1996 
ANTI-NARCOTICS ACTIVITIES 
SEC. 543. (a) Of the funds appropriated or otherwise made 
available by this Act for "Economic Support Fund", assistance may 
be provided to strengthen the administration of justice in countries 
in Latin America and the Caribbean and in other regions consistent 
with the provisions of section 534(b) of the Foreign Assistance 
Act of 1961, except that programs to enhance protection of partici-
pants in judicial cases may be conducted notwithstanding section 
660 of that Act. 
(b) Funds made available pursuant to this section may be 
made available notwithstanding section 534(c) and the second and 
third sentences of section 534(e) of the Foreign Assistance Act 
of 1961. Funds made available pursuant to subsection (a) for Bolivia, 
Colombia and Peru may be made available notwithstanding section 
534(c) and the second sentence of section 534(e) of the Foreign 
Assistance Act of 1961. 
ELIGIBILITY FOR ASSISTANCE 
SEC. 
544. 
(a) 
ASSISTANCE 
THROUGH 
NONGOVERNMENTAL 
ORGANIZATIONS.—Restrictions contained in this or any other Act 
with respect to assistance for a country shall not be construed 
to restrict assistance in support of programs of nongovernmental 
organizations from funds appropriated by this Act to carry out 
the provisions of chapters 1 and 10 of part I of the Foreign Assist-
ance Act of 1961: Provided, That the President shall take into 
consideration, in any case in which a restriction on assistance 
would be applicable but for this subsection, whether assistance 
in support of programs of nongovernmental organizations is in 
the national interest of the United States: Provided further. That 
before using the authority of this subsection to furnish assistance 
in support of programs of nongovernmental organizations, the Presi-
dent shall notify the Committees on Appropriations under the regu-
lar notification procedures of those committees, including a descrip-
tion of the program to be assisted, the assistance to be provided, 
and the reasons for furnishing such assistance: Provided 
further. 
That nothing in this subsection shall be construed to alter any 
existing statutory prohibitions against abortion or involuntary steri-
lizations contained in this or any other Act. 
(b) PUBLIC LAW 480.—During fiscal year 1997, restrictions con-
tained in this or any other Act with respect to assistance for 
a country shall not be construed to restrict assistance under the 
Agricultural Trade Development and Assistance Act of 1954: Pro-
vided, That none of the funds appropriated to carry out title I 
of such Act and made available pursuant to this subsection may 
be obligated or expended except as provided through the regular 
notification procedures of the Committees on Appropriations. 
(c) EXCEPTION.—^This section shall not apply— 
(1) with respect to section 620A of the Foreign Assistance 
Act or any comparable provision of law prohibiting assistance 
to countries that support international terrorism; or 
(2) with respect to section 116 of the Foreign Assistance 
Act of 1961 or any comparable provision of law prohibiting 
assistance to countries that violate internationally recognized 
human rights. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-158 
EARMARKS 
SEC. 544A. (a) Funds appropriated by this Act which are ear-
marked may be reprogrammed for other programs within the same 
account notwithstanding the earmark if compliance with the ear-
mark is made impossible by operation of any provision of this 
or any other Act or, with respect to a country with which the 
United States has an agreement providing the United States with 
base rights or base access in that country, if the President deter-
mines that the recipient for which funds are earmarked has signifi-
cantly reduced its military or economic cooperation with the United 
States since enactment of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1991; however, before 
exercising the authority of this subsection with regard to a base 
rights or base access country which has significantly reduced its 
military or economic cooperation with the United States, the Presi-
dent shall consult with, and shall provide a written policy justifica-
tion to the Committees on Appropriations: Provided, That any such 
reprogramming shall be subject to the regular notification proce-
dures of the Committees on Appropriations: Provided further. That 
assistance that is reprogrammed pursuant to this subsection shall 
be made available under the same terms and conditions as originally 
provided. 
(b) In addition to the authority contained in subsection (a), 
the original period of availability of funds appropriated by this 
Act and administered by the Agency for International Development 
that are earmarked for particular programs or activities by this 
or any other Act shall be extended for an additional fiscal year 
if the Administrator of such agency determines and reports 
promptly to the Committees on Appropriations that the termination 
of assistance to a country or a significant change in circumstances 
makes it unlikely that such earmarked funds can be obligated 
during the original period of availability: Provided, That such ear-
marked funds that are continued available for an additional fiscal 
year shall be obligated only for the purpose of such earmark. 
CEILINGS AND EARMARKS 
SEC. 545. Ceilings and earmarks contained in this Act shall 
not be applicable to funds or authorities appropriated or otherwise 
made available by any subsequent Act unless such Act specifically 
so directs. 
PROHIBITION ON PUBLICITY OR PROPAGANDA 
SEC. 546. No part of any appropriation contained in this Act 
shall be used for publicity or propaganda purposes within the 
United States not authorized before the date of enactment of this 
Act by the Congress: Provided, That not to exceed $750,000 may 
be made available to carry out the provisions of section 316 of 
Public Law 96-533. 
USE OF AMERICAN RESOURCES 
SEC. 547. To the maximum extent possible, assistance provided 
under this Act should make full use of American resources, includ-
ing commodities, products, and services. 
29-194 O - 96 - 11: QL 3 Part 4 
110 STAT. 3009-159 
PUBLIC LAW 104-208—SEPT. 30, 1996 
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS 
SEC. 548. None of the funds appropriated or made available 
pursuant to this Act for carrying out the Foreign Assistance Act 
of 1961, may be used to pay in whole or in part any assessments, 
arrearages, or dues of any member of the United Nations. 
CONSULTING SERVICES 
SEC. 549. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, pursu-
ant to section 3109 of title 5, United States Code, shall be limited 
to those contracts where such expenditures are a matter of public 
record and available for public inspection, except where otherwise 
provided under existing law, or under existing Executive order 
pursuant to existing law. 
PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION 
SEC. 550. None of the funds appropriated or made available 
pursuant to this Act shall be available to a private voluntary 
organization which fails to provide upon timely request any docu-
ment, file, or record necessary to the auditing requirements of 
the Agency for International Development. 
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EX-
PORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING 
INTERNATIONAL TERRORISM 
S E C 551. (a) None of the funds appropriated or otherwise 
made available by this Act may be available to any foreign govern-
ment which provides lethal military equipment to a country the 
government of which the Secretary of State has determined is 
a terrorist government for purposes of section 40(d) of the Arms 
Export Control Act. The prohibition under this section with respect 
to a foreign government shall terminate 12 months after that 
government ceases to provide such military equipment. This section 
applies with respect to lethal military equipment provided under 
a contract entered into after the date of enactment of this Act. 
(b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines 
that furnishing such assistance is important to the national 
interests of the United States. 
(c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional committees 
a report with respect to the furnishing of such assistance. Any 
such report shall include a detailed explanation of the assistance 
to be provided, including the estimated dollar amount of such 
assistance, and an explanation of how the assistance furthers 
United States national interests. 
WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED BY FOREIGN 
COUNTRIES 
SEC. 552. (a) IN GENERAL.—Of the funds made available for 
a foreign country under part I of the Foreign Assistance Act of 
1961, an amount equivalent to 110 percent of the total unpaid 
fully adjudicated parking fines and penalties owed to the District 
of Columbia by such country as of the date of enactment of this 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-160 
Act shall be withheld from obligation for such country until the 
Secretary of State certifies and reports in writing to the appropriate 
congressional committees that such fines and penalties are fully 
paid to the government of the District of Columbia. 
(b) DEFINITION.—For purposes of this section, the term "appro-
priate congressional committees" means the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and 
the Committee on International Relations and the Committee on 
Appropriations of the House of Representatives. 
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND 
GAZA 
SEC. 553. None of the funds appropriated by this Act may 
be obligated for assistance for the Palestine Liberation Organization 
for the West Bank and Gaza unless the President has exercised 
the authority under section 604(a) of the Middle East Peace Facilita-
tion Act of 1995 (title VI of Public Law 104-107) or any other 
legislation to suspend or make inapplicable section 307 of the For-
eign Assistance Act of 1961 and that suspension is still in effect: 
Provided, That if the President fails to make the certification under 
section 604(b)(2) of the Middle East Peace Facilitation Act of 1995 
or to suspend the prohibition under other legislation, funds appro-
priated by this Act may not be obligated for assistance for the 
Palestine Liberation Organization for the West Bank and Gaza. 
EXPORT FINANCING TRANSFER AUTHORITIES 
SEC. 554. Not to exceed 5 percent of any appropriation other 
than for administrative expenses made available for fiscal year 
1997 for programs under title I of this Act may be transferred 
between such appropriations for use for any of the purposes, pro-
grams and activities for which the funds in such receiving account 
may be used, but no such appropriation, except as otherwise specifi-
cally provided, shall be increased by more than 25 percent by 
any such transfer: Provided, That the exercise of such authority 
shall be subject to the regular notification procedures of the 
Committees on Appropriations. 
WAR CRIMES TRIBUNALS 
SEC. 555. If the President determines that doing so will contrib-
ute to a just resolution of charges regarding genocide or other 
violations of international humanitarian law, the President may 
direct a drawdown pursuant to section 552(c) of the Foreign Assist-
ance Act of 1961, as amended, of up to $25,000,000 of commodities 
and services for the United Nations War Crimes Tribunal estab-
lished with regard to the former Yugoslavia by the United Nations 
Security Council or such other tribunals or commissions as the 
Council may establish to deal with such violations, without regard 
to the ceiling limitation contained in paragraph (2) thereof: Pro-
vided, That the determination required under this section shall 
be in lieu of any determinations otherwise required under section 
552(c): Provided further, That 60 days after the date of enactment 
22 USC 2656 
of this Act, and every 180 days thereafter, the Secretary of State 
no^. 
shall submit a report to the Committees on Appropriations describ-
ing the steps the United States Government is taking to collect 
information regarding allegations of genocide or other violations 
110 STAT. 3009-161 
PUBLIC LAW 104-208—SEPT. 30, 1996 
' 
of international law in the former Yugoslavia and to furnish that 
information to the United Nations War Crimes Tribunal for the 
former Yugoslavia. 
LANDMINES 
SEC. 556. Notwithstanding any other provision of law, demining 
equipment available to the Agency for International Development 
and the Department of State and used in support of the clearing 
of landmines and unexploded ordnance for humanitarian purposes 
may be disposed of on a grant basis in foreign countries, subject 
to such terms and conditions as the President may prescribe: Pro-
vided, That section 1365(c) of the National Defense Authorization 
Act for Fiscal Year 1993 (Public Law 102-484; 22 U.S.C, 2778 
note) is amended by striking out "During the five-year period begin-
ning on October 23, 1992" and inserting in lieu thereof "During 
the eight-year period beginning on October 23, 1992". 
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY 
SEC. 557. None of the funds appropriated by this Act may 
be obligated or expended to create in any part of Jerusalem a 
new office of any department or agency of the United States Govern-
ment for the purpose of conducting official United States Govern-
ment business with the Palestinian Authority over Gaza and Jericho 
or any successor Palestinian governing entity provided for in the 
Israel-PLO Declaration of Principles: Provided, That this restriction 
shall not apply to the acquisition of additional space for the existing 
Consulate General in Jerusalem: Provided further. That meetings 
between officers and employees of the United States and officials 
of the Palestinian Authority, or any successor Palestinian governing 
entity provided for in the Israel-PLO Declaration of Principles, 
for the purpose of conducting official United States Government 
business with such authority should continue to take place in loca-
tions other than Jerusalem. As has been true in the past, officers 
and employees of the United States Government may continue 
to meet in Jerusalem on other subjects with Palestinians (including 
those who now occupy positions in the Palestinian Authority), have 
social contacts, and have incidental discussions. 
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES 
SEC. 558. None of the funds appropriated or otherwise made 
available by this Act under the heading "INTERNATIONAL MILITARY 
EDUCATION AND TRAINING" or "FOREIGN MILITARY FINANCING PRO-
GRAM" for Informational Program activities may be obligated or 
expended to pay for— 
(1) alcoholic beverages; 
(2) food (other than food provided at a military installation) 
not provided in conjunction with Informational Program trips 
where students do not stay at a military installation; or 
(3) entertainment expenses for activities that are substan-
tially of a recreational character, including entrance fees at 
sporting events and amusement parks. 
HUMANITARIAN CORRIDORS 
SEC. 559. The Foreign Assistance Act of 1961 is amended 
by adding immediately after section 620H the following new section: 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-162 
"SEC. 620L PROHIBITION ON ASSISTANCE TO COUNTRIES THAT 
22USC237S-I. 
RESTRICT UNITED STATES HUMANITARIAN ASSISTANCE.— 
"(a) IN GENERAL.—No assistance shall be furnished under 
this Act or the Arms Export Control Act to any country when 
it is made known to the President that the government of 
such country prohibits or otherwise restricts, directly or 
indirectly, the transport or delivery of United States humani-
tarian assistance. 
"(b) EXCEPTION.—^Assistance may be furnished without 
regard to the restriction in subsection (a) if the President 
determines that to do so is in the national security interest 
of the United States. 
"(c) NOTICE.—Prior to making any determination under 
subsection (b), the President shall notify the Committee on 
International Relations, the Committee on Foreign Relations, 
and the Committees on Appropriations of the Senate and House 
of Representatives of his intention to make such a determina-
tion, the effective date of the determination, and the reasons 
for making the determination.". 
EQUITABLE ALLOCATION OF FUNDS 
SEC. 560. Not more than 20 percent of the funds appropriated 
by this Act to carry out the provisions of sections 103 through 
106 and chapter 4 of part II of the Foreign Assistance Act of 
1961, that are made available for Latin America and the Caribbean 
region may be made available, through bilateral and Latin America 
and the Caribbean regional programs, to provide assistance for 
any country in such region. 
PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS 
SEC. 
561. 
(a) 
SENSE OF CONGRESS.—It is the sense of 
the 
Congress that, to the greatest extent practicable, all equipment 
and products purchased with funds made available in this Act 
should be American-made. 
(b) NOTICE REQUIREMENT.—In providing financial assistance 
to, or entering into any contract with, any entity using funds 
made available in this Act, the head of each Federal agency, to 
the greatest extent practicable, shall provide to such entity a notice 
describing the statement made in subsection (a) by the Congress. 
LIMITATION OF FUNDS FOR NORTH AMERICAN DEVELOPMENT BANK 
SEC. 562. None of the Funds appropriated in this Act under 
the heading "North American Development Bank" and made avail-
able for the Community Adjustment and Investment Program shall 
be used for purposes other than those set out in the binational 
agreement establishing the Bank. 
INTERNATIONAL DEVELOPMENT ASSOCIATION 
SEC. 563. In order to pay for the United States contribution 
to the tenth replenishment of the resources of the International 
Development Association authorized in section 526 of Public Law 
103-87, there is authorized to be appropriated, without fiscal year 
limitation, $700,000,000 for payment by the Secretary of the Treas-
ury. 
110 STAT. 3009-163 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SPECIAL DEBT RELIEF FOR THE POOREST 
SEC. 
564. 
(a) AUTHORITY TO REDUCE DEBT.—^The President 
may reduce amounts owed to the United States (or any agency 
of the United States) by an ehgible country as a result of— 
(1) guarantees issued under sections 221 and 222 of the 
Foreign Assistance Act of 1961; or 
(2) credits extended or guarantees issued under the Arms 
Export Control Act. 
(b) LIMITATIONS.— 
(1) The authority provided by subsection (a) may be exer-
cised only to implement multilateral official debt relief and 
referendum agreements, commonly referred to as "Paris Club 
Agreed Minutes". 
(2) The authority provided by subsection (a) may be exer-
cised only in such amounts or to such extent as is provided 
in advance by appropriations Acts. 
(3) The authority provided by subsection (a) may be exer-
cised only with respect to countries with heavy debt burdens 
that are eligible to borrow from the International Development 
Association, 
but 
not 
from 
the 
International 
Bank 
for 
Reconstruction and Development, commonly referred to as 
"IDA-only" countries. 
(c) CONDITIONS.—^The authority provided by subsection (a) may 
be exercised only with respect to a country whose government— 
(1) does not have an excessive level of military expendi-
tures; 
(2) has not repeatedly provided support for acts of inter-
national terrorism; 
(3) is not failing to cooperate on international narcotics 
control matters; 
(4) (including its military or other security forces) does 
not engage in a consistent pattern of gross violations of inter-
nationally recognized human rights; and 
(5) is not ineligible for assistance because of the application 
of section 527 of the Foreign Relations Authorization Act, fiscal 
years 1994 and 1995. 
(d) AVAILABILITY OF FUNDS.—^The authority provided by sub-
section (a) may be used only with regard to funds appropriated 
by this Act under the heading "Debt restructuring". 
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—^A reduction of debt 
pursuant to subsection (a) shall not be considered assistance for 
purposes of any provision of law limiting assistance to a country. 
The authority provided by subsection (a) may be exercised notwith-
standing section 620(r) of the Foreign Assistance Act of 1961. 
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES 
SEC. 565. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CAN-
CELLATION.— 
(1) 
AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN 
LOANS.—^Notwithstanding any other provision of law, the Presi-
dent may, in accordance with this section, sell to any eligible 
purchaser any concessional loan or portion thereof made before 
January 1, 1995, pursuant to the Foreign Assistance Act of 
1961, to the government of any eligible country as define in 
section 702(6) of that Act or on receipt of pa5niient from an 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-164 
eligible purchaser, reduce or cancel such loan or portion thereof, 
only for the purpose of facilitating— 
(A) debt-for-equity swaps, debt-for-development swaps, 
or debt-for-nature swaps; or 
(B) a debt buyback by an eligible country of its own 
qualified debt, only if the eligible country uses an additional 
amount of the local currency of the eligible country, equal 
to not less than 40 percent of the price paid for such 
debt by such eligible country, or the difference between 
the price paid for such debt and the face value of such 
debt, to support activities that link conservation and 
sustainable use of natural resources with local community 
development, and child survival and other child develop-
ment, in a manner consistent with sections 707 through 
710 of the Foreign Assistance Act of 1961, if the sale, 
reduction, or cancellation would not contravene any term 
or condition of any prior agreement relating to such loan. 
(2) TERMS AND CONDITIONS.—Notwithstanding any other 
provision of law, the President shall, in accordance with this 
section, establish the terms and conditions under which loans 
may be sold, reduced, or canceled pursuant to this section. 
(3) ADMINISTRATION.—^The Facility, as defined in section 
702(8) of the Foreign Assistance Act of 1961, shall notify the 
administrator of the agency primarily responsible for admin-
istering part I of the Foreign Assistance Act of 1961 of pur-
chasers that the President has determined to be eligible, and 
shall direct such agency to carry out the sale, reduction, or 
cancellation of a loan pursuant to this section. Such agency 
shall make an adjustment in its accounts to reflect the sale, 
reduction, or cancellation. 
(4) LIMITATION.—^The authorities of this subsection shall 
be available only to the extent that appropriations for the 
cost of the modification, as defined in section 502 of the 
Congressional Budget Act of 1974, are made in advance. 
(b) DEPOSIT OF PROCEEDS.—^The proceeds from the sale, reduc-
tion, or cancellation of any loan sold, reduced, or canceled pursuant 
to this section shall be deposited in the United States Government 
account or accounts established for the repayment of such loan. 
(c) ELIGIBLE PURCHASERS.—^A loan may be sold pursuant to 
subsection (a)(1)(A) only to a purchaser who presents plans satisfac-
tory to the President for using the loan for the purpose of engaging 
in debt-for-equity swaps, debt-for-development swaps, or debt-for-
nature swaps. 
(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, 
of any loan made to an eligible country, the President should 
consult with the country concerning the amount of loans to be 
sold, reduced, or canceled and their uses for debt-for-equity swaps, 
debt-for-development swaps, or debt-for-nature swaps. 
(e) AVAILABILITY OF FUNDS.—The authority provided by sub-
section (a) may be used only with regard to funds appropriated 
by this Act under the heading "Debt restructuring". 
LIBERIA 
SEC. 566. Funds appropriated by this Act may be made avail-
able for assistance for Liberia notwithstanding section 620(q) of 
the Foreign Assistance Act of 1961 and section 512 of this Act. 
110 STAT. 3009-165 
PUBLIC LAW 104-208—SEPT. 30, 1996 
GUATEMALA 
SEC. 567. (a) Funds provided in this Act may be made available 
for the Guatemalan military forces, and the restrictions on Guate-
mala under the headings "International Military Education and 
Training" and "Foreign Military Financing Program" shall not 
apply, only if the President determines and certifies to the Congress 
that the Guatemalan military is cooperating fully with efforts to 
resolve human rights abuses which elements of the Guatemalan 
military forces are alleged to have committed, ordered or attempted 
to thwart the investigation of, and with efforts to negotiate a 
peace settlement. 
(b) The prohibition contained in subsection (a) shall not apply 
to funds made available to implement a ceasefire or peace agree-
ment. 
(c) Any funds made available pursuant to subsections (a) or 
(b) shall be subject to the regular notification procedures of the 
Committees on Appropriations. 
(d) Any funds made available pursuant to subsections (a) and 
(b) for international military education and training may only be 
for expanded international military education and training. 
SANCTIONS AGAINST COUNTRIES HARBORING WAR CRIMINALS 
SEC. 568. (a) BILATERAL ASSISTANCE.—^The President is author-
ized to withhold funds appropriated by this Act under the Foreign 
Assistance Act of 1961 or the Arms Export Control Act for any 
country described in subsection (c). 
(b) MULTILATERAL ASSISTANCE.—The Secretary of the Treasury 
should instruct the United States executive directors of the inter-
national financial institutions to work in opposition to, and vote 
against, any extension by such institutions of financing or financial 
or technical assistance to any country described in subsection (c). 
(c) SANCTIONED COUNTRIES.—^A country described in this sub-
section is a country the government of which knowingly grants 
sanctuary to persons in its territory for the purpose of evading 
prosecution, where such persons— 
(1) have been indicted by the International Criminal Tribu-
nal for the former Yugoslavia, the International Criminal Tribu-
nal for Rwanda, or any other international tribunal with similar 
standing under international law, or 
(2) have been indicted for war crimes or crimes against 
humanity committed during the period beginning March 23, 
1933 and ending on May 8, 1945 under the direction of, or 
in association with— 
(A) the Nazi government of Germany; 
(B) any government in any area occupied by the mili-
tary forces of the Nazi government of Germany; 
(C) any government which was established with the 
assistance or cooperation of the Nazi government; or 
(D) any government which was an ally of the Nazi government 
of Germany. 
LIMITATION ON ASSISTANCE FOR HAITI 
SEC. 569. (a) LIMITATION.—^None of the funds appropriated 
or otherwise made available by this Act, may be provided to the 
Government of Haiti until the President reports to Congress that— 
PUBLIC LAW 104-208—5EPT. 30, 1996 
110 STAT. 3009-166 
(1) the (Government is conducting thorough investigations 
of extrajudicial and political killings; and 
(2) the Government is cooperating with United States 
authorities in the investigations of political and extrajudicial 
killings. 
(b) Nothing in this section shall be construed to restrict the 
provision of humanitarian, development, or electoral assistance. 
(c) The President may waive the requirements of this section 
on a semiannual basis if he determines and certifies to the appro-
priate committees of Congress that it is in the national interest 
of the United States. 
POLICY TOWARD BURMA 
SEC. 570. (a) Until such time as the President determines 
and certifies to Congress that Burma has made measurable and 
substantial progress in improving human rights practices and 
implementing democratic government, the following sanctions shall 
be imposed on Burma: 
(1) BILATERAL ASSISTANCE.—^There shall be no United 
States assistance to the Government of Burma, other than: 
(A) humanitarian assistance, 
(B) subject to the regular notification procedures of 
the Committees on Appropriations, counter-narcotics assist-
ance under chapter 8 of part I of the Foreign Assistance 
Act of 1961, or crop substitution assistance, if the Secretary 
of State certifies to the appropriate congressional commit-
tees that— 
(i) the Government of Burma is fully cooperating 
with United States counter-narcotics efforts, and 
(ii) the programs are fully consistent with United 
States human rights concerns in Burma and serve 
the United States national interest, and 
(C) assistance promoting human rights and democratic 
values. 
(2) 
MULTILATERAL ASSISTANCE.—The Secretary 
of the 
Treasury shall instruct the United States executive director 
of each international financial institution to vote against any 
loan or other utilization of funds of the respective bank to 
or for Burma. 
(3) VISAS.—Except as required by treaty obligations or to 
staff the Burmese mission to the United States, the United 
States should not grant entry visas to any Burmese government 
official. 
(b) CONDITIONAL SANCTIONS.—^The President is hereby author-
ized to prohibit, and shall prohibit United States persons from 
new investment in Burma, if the President determines and certifies 
to Congress that, after the date of enactment of this Act, the 
Government of Burma has physically harmed, rearrested for politi-
cal acts, or exiled Daw Aung San Suu Kyi or has committed large-
scale repression of or violence against the Democratic opposition. 
(c) MULTILATERAL STRATEGY.—The President shall seek to 
develop, in coordination with members of ASEAN and other coun-
tries having major trading and investment interests in Burma, 
a comprehensive, multilateral strategy to bring democracy to and 
improve human rights practices and the quality of life in Burma, 
including the development of a dialogue between the State Law 
110 STAT. 3009-167 
PUBLIC LAW 104-208—SEPT. 30, 1996 
and Order Restoration Council (SLORC) and democratic opposition 
groups within Burma. 
(d) PRESIDENTIAL REPORTS.—Every six months following the 
enactment of this Act, the President shall report to the Chairmen 
of the Committee on Foreign Relations, the Committee on Inter-
national Relations and the House and Senate Appropriations 
Committees on the following: 
(1) progress toward democratization in Burma; 
(2) progress on improving the quality of life of the Burmese 
people, including progress on market reforms, living standards, 
labor standards, use of forced labor in the tourism industry, 
and environmental quality; and 
(3) progress made in developing the strategy referred to 
in subsection (c). 
(e) WAIVER AUTHORITY.—The President shall have the authority 
to waive, temporarily or permanently, any sanction referred to 
in subsection (a) or subsection (b) if he determines and certifies 
to Congress that the application of such sanction would be contrary 
to the national security interests of the United States. 
(f) DEFINITIONS.— 
(1) The term "international financial institutions" shall 
include the International Bank for Reconstruction and Develop-
ment, the International Development Association, the Inter-
national Finance Corporation, the Multilateral Investment 
Guarantee Agency, the Asian Development Bank, and the Inter-
national Monetary Fund. 
(2) The term "new investment" shall mean any of the 
following activities if such an activity is undertaken pursuant 
to an agreement, or pursuant to the exercise of rights under 
such an agreement, that is entered into with the Government 
of Burma or a nongovernmental entity in Burma, on or after 
the date of the certification under subsection (b): 
(A) the entry into a contract that includes the 
economical development of resources located in Burma, 
or the entry into a contract providing for the general super-
vision and guarantee of another person's performance of 
such a contract; 
(B) the purchase of a share of ownership, including 
an equity interest, in that development; 
(C) the entry into a contract providing for the participa-
tion in royalties, earnings, or profits in that development, 
without regard to the form of the participation: 
Provided, That the term "new investment" does not include 
the entry into, performance of, or financing of a contract to 
sell or purchase goods, services, or technology. 
REPORT REGARDING HONG KONG 
22 use 5731 
SEC. 571. In light of the deficiencies in reports submitted to 
note. 
the Congress pursuant to section 301 of the United States-Hong 
Kong Pohcy Act (22 U.S.C. 5731), the Congress directs that the 
additional report required to be submitted during 1997 under such 
section include detailed information on the status of, and other 
developments affecting, implementation of the Sino-British Joint 
Declaration on the Question of Hong King, including— 
(1) the Basic Law and its consistency with the Joint Dec-
laration; 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-168 
(2) Beijing's plans to replace the elected legislature with 
an appointed body; 
(3) the openness and fairness of the election of the chief 
executive and the executive's accountability to the legislature; 
(4) the treatment of political parties; 
(5) the independence of the Judiciary and its ability to 
exercise the power of final judgment over Hong Kong law; 
and 
(6) the Bill of Rights. 
USE OF FUNDS FOR PURCHASE OF PRODUCTS NOT MADE IN AMERICA 
SEC. 572. The Administrator of the Agency for International 
Development shall provide a report to the appropriate committees 
of the Congress on the ability of the United States Government 
to implement a provision of law (and on the foreign policy implica-
tions of such a provision of law) which would require that United 
States funds could be made available to the government of a foreign 
country for the purchase of any equipment or products only if 
such purchases were to occur in such foreign country or the United 
States, and substantially similar equipment and products were 
made in the United States and available for purchase at a price 
that is not more than 10 percent higher than that in other countries. 
CONFLICT IN CHECHNYA 
SEC. 573. The Secretary of State shall provide to the Commit-
tees on Appropriations no later than 30 days from the date of 
enactment of this Act a detailed report on actions undertaken 
by the United States Government to resolve the conflict in 
Chechnya. 
EXTENSION OF CERTAIN ADJUDICATION PROVISIONS 
SEC. 575. The Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167) 
is amended— 
(1) in section 599D (8 U.S.C. 1157 note)— 
(A) in subsection (b)(3), by striking "and 1996" and 
inserting "1996, and 1997"; and 
(B) in subsection (e), by striking out "October 1, 1996" 
each place it appears and inserting "October 1, 1997"; 
and 
(2) in section 599E (8 U.S.C. 1255 note) in subsection 
(b)(2), by striking out "September 30, 1996" and inserting 
"September 30, 1997". 
TRANSPARENCY OF BUDGETS 
SEC. 576. (a) LIMITATION.—Beginning three years after the 22USC262k-i. 
date of the enactment of this Act, the Secretary of the Treasury 
shall instruct the United States Executive Director of each inter-
national flnancial institution to use the voice and vote of the United 
States to oppose any loan or other utilization of the funds of 
their respective institution, other than to address basic human 
needs, for the government of any country which the Secretary 
of the Treasury determines— 
110 STAT. 3009-169 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(1) does not have in place a functioning system for a civilian 
audit of all receipts and expenditures that fund activities of 
the armed forces and security forces; 
(2) has not provided a summary of a current audit to 
the institution. 
(b) DEFINITION.—For purposes of this section, the term "inter-
national financial institution" shall include the institutions identi-
fied in section 532(b) of this Act. 
GUARANTEES 
SEC. 577. Section 251(b)(2)(G) of the Balanced Budget and 
2 use 901. 
Emergency Deficit Control Act of 1985 is amended by striking 
"fiscal year 1994 and 1995" and inserting in lieu thereof "fiscal 
years 1994, 1995, £ind 1997" in both places that this appears. 
INFORMATION ON COOPERATION WITH UNITED STATES ANTI-
TERRORISM EFFORTS IN ANNUAL COUNTRY REPORTS ON TERRORISM 
SEC. 578. Section 140 of the Foreign Relations Authorization 
Act, fiscal years 1988 and 1989 (22 U.S.C. 2656f) is amended— 
(1) in subsection (a)— 
(A) by striking "and" at the end of paragraph (1); 
(B) by striking the period at the end of paragraph 
(2) and inserting a semicolon; and 
(C) by adding at the end the following: 
"(3) with respect to each foreign country from which the 
United States Government has sought cooperation during the 
previous five years in the investigation or prosecution of an 
act of international terrorism against United States citizens 
or interests, information on— 
"(A) the extent to which the government of the foreign 
country is cooperating with the United States Grovemment 
in apprehending, convicting, and punishing the individual 
or individuals responsible for the act; and 
"(B) the extent to which the government of the foreign 
country is cooperating in preventing further acts of terror-
ism against United States citizens in the foreign country; 
and 
"(4) with respect to each foreign country from which the 
United States Government has sought cooperation during the 
previous five years in the prevention of an act of international 
terrorism against such citizens or interests, the information 
described in paragraph (3)(B)."; and 
(2) in subsection (c)— 
(A) by striking "The report" and inserting "(1) Except 
as provided in paragraph (2), the report"; 
(B) by indenting the margin of paragraph (1) as so 
designated, 2 ems; and 
(C) by adding at the end the following: 
"(2) If the Secretary of State determines that the transmit-
tal of the information with respect to a foreign country under 
paragraph (3) or (4) of subsection (a) in classified form would 
make more likely the cooperation of the government of the 
foreign country as specified in such paragraph, the Secretary 
may transmit the information under such paragraph in classi-
fied form.". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-170 
FEMALE GENITAL MUTILATION 
SEC. 579. (a) LIMITATION.—^Beginning 1 year after the date 22USC262k-2. 
of the enactment of this Act, the Secretary of the Treasury shgJl 
instruct the United States Executive Director of each international 
flnancieil institution to use the voice and vote of the United States 
to oppose any loan or other utilization of the funds of their respec-
tive institution, other than to address basic human needs, for the 
government of any country which the Secretary of the Treasury 
determines— 
(1) has, as a cultural custom, a known history of the 
practice of female genital mutilation; and 
(2) has not taken steps to implement educational programs 
designed to prevent the practice of female genital mutilation, 
(b) DEFINITION.—For purposes of this section, the term "inter-
national financial institution" shall include the institutions identi-
fied in section 532(b) of this Act. 
REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN REPORT OF 
SECRETARY OF STATE 
SEC. 580. (a) FOREIGN AID REPORTING REQUIREMENT.—In addi- 22 use 24i4a 
tion to the voting practices of a foreign country, the report required ^^ote. 
to be submitted to Congress under section 406(a) of the Foreign 
Relations Authorization Act, fiscal years 1990 and 1991 (22 U.S.C. 
2414a), shsdl include a side-by-side comparison of individual coun-
tries' overall support for the United States at the United Nations 
and the amount of United States assistance provided to such coun-
try in fiscal year 1996. 
(b) UNITED STATES ASSISTANCE.—^For purposes of this section, 
the term "United States assistance" has the meaning given the 
term in section 481(e)(4) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2291(e)(4)). 
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS 
AGENCIES 
SEC. 581. (a) PROHIBITION ON VOLUNTARY CONTRIBUTIONS FOR 
THE UNITED NATIONS.—None of the funds appropriated or otherwise 
made available by this Act may be made available to pay any 
voluntary contribution of the United States to the United Nations 
(including the United Nations Development Program if the United 
Nations implements or imposes any taxation on any United States 
persons. 
(b) CERTIFICATION REQUIRED FOR DISBURSEMENT OF FUNDS.— 
None of the funds appropriated or otherwise made available under 
this Act may be made available to pay any voluntary contribution 
of the United States to the United Nations (including the United 
Nations Development Program) unless the President certifies to 
the Confess 15 days in advance of such payment that the United 
Nations is not engaged in any effort to implement or impose any 
taxation on United States persons in order to raise revenue for 
the United Nations or any of its specialized agencies. 
(c) DEFINITIONS.—^As used in this section the term "United 
States person" refers to— 
(1) a natural person who is a citizen or national of the 
United States; or 
110 STAT. 3009-171 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(2) a corporation, partnership, or other legal entity orga-
nized under the United States or any State, territory, posses-
sion, or district of the United States. 
HAITI 
SEC. 582. The Government of Haiti shall be eligible to purchase 
defense articles and services under the Arms Export Control Act 
(22 U.S.C. 2751 et seq.), for the civiHan-led Haitian National Police 
and Coast Guard: Provided, That the authority provided by this 
section shall be subject to the regular notification procedures of 
the Committees on Appropriations. 
REFUGEE STATUS FOR ADULT CHILDREN OF FORMER VIETNAMESE RE-
EDUCATION CAMP INTERNEES RESETTLED UNDER THE ORDERLY DE-
PARTURE PROGRAM 
SEC. 584. (a) ELIGIBILITY FOR ORDERLY DEPARTURE PROGRAM.— 
For purposes of eligibility for the Orderly Departure Program for 
nationals of Vietnam, during fiscal year 1997, an alien described 
in subsection (b) shall be considered to be a refugee of special 
humanitarian concern to the United States within the meaning 
of section 207 of the Immigration and Nationality Act (8 U.S.C. 
1157) and shall be admitted to the United States for resettlement 
if the alien would be admissible as an immigrant under the 
Immigration and Nationality Act (except as provided in section 
207(c)(3) of that Act). 
(b) ALIENS COVERED.—^An alien described in this subsection 
is an alien who— 
(1) is the son or daughter of a national of Vietnam who— 
(A) was formerly interned in a reeducation camp in 
Vietnam by the Government of the Socialist Republic of 
Vietnam; and 
(B) has been accepted for resettlement as a refugee 
under the Orderly Departure Program on or after April 
1, 1995; 
(2) is 21 years of age or older; and 
(3) was unmarried as of the date of acceptance of the 
alien's parent for resettlement under the Orderly Departure 
Program. 
(c) SUPERSEDES EXISTING LAW.—^This section supersedes any 
other provision of law. 
NORTH KOREA 
22 use 2656 
SEC. 585. Ninety days after the date of enactment of this 
iiote. 
Act, and every 180 days thereafter, the Secretary of State, in 
consultation with the Secretary of Defense, shall provide a report 
in a classified or unclassified form to the Committee on Appropria-
tions including the following information: 
(a) a best estimate on fuel used by the military forces 
of the Democratic People's Republic of Korea (DPRK); 
(b) the deployment position and military training and 
activities of the DPRK forces and best estimate of the associated 
costs of these activities; 
(c) steps taken to reduce the DPRK level of forces; and 
(d) cooperation, training, or exchanges of information, tech-
nology or personnel between the DPRK and any other nation 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-172 
supporting the development or deployment of a ballistic missile 
capability. 
LIMITATION ON ASSISTANCE TO MEXICO 
SEC. 587. Not less than $2,500,000 of the funds appropriated 
or otherwise made available by this Act for the Government of 
Mexico shall be withheld from obligation until the President has 
determined and reported to Congress that— 
(1) the Government of Mexico is taking actions to reduce 
the amount of illegal drugs entering the United States from 
Mexico; and 
(2) the Government of Mexico— 
(A) is taking effective actions to apply vigorously all 
law enforcement resources to investigate, track, capture, 
incarcerate, and prosecute individuals controlling, super-
vising, or managing international narcotics cartels or other 
similar entities and the accomplices of such individuals, 
individuals responsible for, or otherwise involved in, corrup-
tion, and individuals involved in money-laundering; 
(B) is pursuing international anti-drug trafficking ini-
tiatives; 
(C) is cooperating fully with international efforts at 
narcotics interdiction; and 
(D) is cooperating fully with requests by the United 
States for assistance in investigations of money-laundering 
violations and is making progress toward irnplementation 
of effective laws to prohibit money-laundering. 
LIMITATION OF ASSISTANCE TO TURKEY 
SEC. 588. Not more than $22,000,000 of the funds appropriated 
in this Act under the heading "Economic Support Fund" may be 
made available to the Government of Turkey. 
CIVIL LIABILITY FOR ACTS OF STATE SPONSORED TERRORISM 
SEC. 589. (a) an official, employee, or agent of a foreign state 
28 USC 1605 
designated as a state sponsor of terrorism designated under section ^^te. 
6(j) of the Export Administration Act of 1979 while acting within 
the scope of his or her office, employment, or agency shall be 
liable to a United States national or the national's legal representa-
tive for personal injury or death caused by acts of that official, 
employee, or agent for which the courts of the United States may 
maintain jurisdiction under section 1605(a)(7) of title 28, United 
States Code, for money damages which may include economic dam-
ages, solatium, pain, and suffering, and punitive damages if the 
acts were among those described in section 1605(a)(7). 
(b) Provisions related to statute of limitations and limitations 
on discovery that would apply to an action brought under 28 U.S.C. 
1605(f) and (g) shall also apply to actions brought under this section. 
No action shall be maintained under this action if an official, 
employee, or agent of the United States, while acting within the 
scope of his or her office, employment, or agency would not be 
liable for such acts if carried out within the United States. 
Titles I through V of this Act may be cited as the "Foreign 
Short title. 
Operations, Export Financing, and Related Programs Appropria-
tions Act, 1997". 
110 STAT. 3009-173 
PUBLIC LAW 104-208—SEPT. 30, 1996 
NATO 
TITLE VI—NATO ENLARGEMENT FACILITATION ACT OF 
Enlai^ement 
1996 
Facilitation Act 
99 imp 1Q9S 
SEC. 601. SHORT TITLE. 
note. 
This title may be cited as the "NATO Enlargement Facilitation 
Act of 1996". 
SEC. 602. FINDINGS. 
The Congress makes the following findings: 
(1) Since 1949, the North Atlantic Treaty Organization 
(NATO) has played an essential role in guaranteeing the secu-
rity, freedom, and prosperity of the United States and its part-
ners in the Alliance. 
(2) The NATO Alliance is, and has been since its inception, 
purely defensive in character, and it poses no threat to any 
nation. The enlargement of the NATO Alliance to include as 
full and equal members emerging democracies in Central and 
Eastern Europe will serve to reinforce stability and security 
in Europe by fostering their integration into the structures 
which have created and sustained peace in Europe since 1945. 
Their admission into NATO will not threaten any nation. 
America's security, freedom, and prosperity remain linked to 
the security of the countries of Europe. 
(3) The sustained commitment of the member countries 
of NATO to a mutual defense has made possible the democratic 
transformation of Central and Eastern Europe. Members of 
the Alliance can and should play a critical role in addressing 
the security challenges of the post-Cold War era and in creating 
the stable environment needed for those emerging democracies 
in Central and Eastern Europe to successfully complete political 
and economic transformation. 
(4) The United States continues to regard the political 
independence and territorial integrity of all emerging democ-
racies in Central and Eastern Europe as vital to European 
peace and security. 
(5) The active involvement by the countries of Central 
and Eastern Europe has made the Partnership for Peace pro-
gram an important forum to foster cooperation between NATO 
and those countries seeking NATO membership. 
(6) NATO has enlarged its membership on 3 different occa-
sions since 1949. 
(7) Congress supports the admission of qualified new mem-
bers to NATO and the European Union at an early date and 
has sought to facilitate the admission of qualified new members 
into NATO. 
(8) Lasting security and stability in Europe requires not 
only the military integration of emerging democracies in 
Central and Eastern Europe into existing European structures, 
but also the eventual economic and political integration of 
these countries into existing European structures. 
(9) As new members of NATO assume the responsibilities 
of Alliance membership, the costs of maintaining stability in 
Europe should be shared more widely. Facilitation of the 
enlargement process will require current members of NATO, 
and the United States in particular, to demonstrate the political 
will needed to build on successful ongoing programs such as 
the Warsaw Initiative and the Partnership for Peace by making 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-174 
available the resources necessary to supplement efforts prospec-
tive new members are themselves undertaking. 
(10) New members will be full members of the Alliance, 
enjoying all rights and assuming all the obligations under the 
North Atlantic Treaty, signed at Washington on April 4, 1949 
(hereafter in this Act referred to as the "Washington Treaty"). 
(11) In order to assist emerging democracies in Central 
and Eastern Europe that have expressed interest in joining 
NATO to be prepared to assume the responsibilities of NATO 
membership, the United States should encourage and support 
efforts by such countries to develop force structures and force 
modernization priorities that will enable such countries to 
contribute to the full range of NATO missions, including, most 
importantly, territorial defense of the Alliance. 
(12) Cooperative regional peacekeeping initiatives involving 
emerging democracies in Central and Eastern Europe that have 
expressed interest in joining NATO, such as the Baltic Peace-
keeping Battalion, the Polish-Lithuanian Joint Peacekeeping 
Force, and the Polish-Ukrainian Peacekeeping Force, can make 
an important contribution to European peace and security and 
international peacekeeping efforts, can assist those countries 
preparing to assume the responsibilities of possible NATO mem-
bership, and accordingly should receive appropriate support 
from the United States. 
(13) NATO remains the only multilateral security organiza-
tion capable of conducting effective military operations and 
preserving security and stability of the Euro-Atlantic region. 
(14) NATO is an important diplomatic forum and has 
played a positive role in defusing tensions between members 
of the Alliance and, as a result, no military action has occurred 
between two Alliance member states since the inception of 
NATO in 1949. 
(15) The admission to NATO of emerging democracies in 
Central and Eastern Europe which are found to be in a position 
to further the principles of the Washington Treaty would 
contribute to international peace and enhance the security of 
the region. Countries which have become democracies and 
established market economies, which practice good neighborly 
relations, and which have established effective democratic 
civilian control over their defense establishments and attained 
a degree of interoperability with NATO, should be evaluated 
for their potential to further the principles of the Washington 
Treaty. 
(16) Democratic civilian control of defense forces is an 
essential element in the process of preparation for those states 
interested in possible NATO membership. 
(17) Protection and promotion of fundamental freedoms 
and human rights is an integral aspect of genuine security, 
and in evaluating requests for membership in NATO, the 
human rights records of the emerging democracies in Central 
and Eastern Europe should be evaluated according to their 
commitments to fulfill in good faith the human rights obliga-
tions of the Charter of the United Nations, the principles of 
the Universal Declaration on Human Rights, and the Helsinki 
Final Act. 
(18) A number of Central and Eastern European countries 
have expressed interest in NATO membership, and have taken 
110 STAT. 3009-175 
PUBLIC LAW 104-208—SEPT. 30, 1996 
concrete steps to demonstrate this commitment, including their 
participation in Partnership for Peace activities. 
(19) The Caucasus region remains important geographically 
and politically to the future security of Central Europe. As 
NATO proceeds with the process of enlargement, the tJnited 
States and NATO should continue to examine means to 
strengthen the sovereignty and enhance the security of United 
Nations recognized countries in that region. 
(20) In recognition that not all countries which have 
requested membership in NATO will necessarily qualify at 
the same pace, the accession date for each new member will 
vary. 
(21) The provision of additional NATO transition assistance 
should include those emerging democracies most ready for 
closer ties with NATO and should be designed to assist other 
countries meeting specified criteria of eligibility to move for-
ward toward eventual NATO membership. 
(22) The Congress of the United States finds in particular 
that Poland, Hungary, and the Czech Republic have made 
significant progress toward achieving the criteria set forth in 
section 203(d)(3) of the NATO Participation Act of 1994 and 
should be eligible for the additional assistance described in 
this Act. 
(23) The evaluation of future membership in NATO for 
emerging democracies in Central and Eastern Europe should 
be based on the progress of those nations in meeting criteria 
for NATO membership, which require enhancement of NATO's 
security and the approval of all NATO members. 
(24) The process of NATO enlargement entails the consen-
sus agreement of the governments of all 16 NATO members 
and ratification in accordance with their constitutional proce-
dures. 
(25) Some NATO members, such as Spain and Norway, 
do not allow the deployment of nuclear weapons on their terri-
tory although they are accorded the full collective security 
guarantees provided by Article 5 of the Washington Treaty. 
There is no a priori requirement for the stationing of nuclear 
weapons on the territory of new NATO members, particularly 
in the current security climate. However, NATO retains the 
right to alter its security posture at any time as circumstances 
warrant. 
SEC. 603. UNITED STATES POLICY. 
It is the policy of the United States— 
(1) to join with the NATO allies of the United States 
to adapt the role of the NATO Alliance in the post-Cold War 
world; 
(2) to actively assist the emerging democracies in Central 
and Eastern Europe in their transition so that such countries 
may eventually qualify for NATO membership; 
(3) to support the enlargement of NATO in recognition 
that enlargement will benefit the interests of the United States 
and the Alliance and to consider these benefits in any analysis 
of the costs of NATO enlargement; 
(4) to ensure that all countries in Central and Eastern 
Europe are fully aware of and capable of assuming the costs 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-176 
and responsibilities of NATO membership, including the obliga-
tion set forth in Article 10 of the Washington Treaty that 
new members be able to contribute to the security of the North 
Atlantic area; and 
(5) to work to define a constructive and cooperative political 
and security relationship between an enlarged NATO and the 
Russian Federation. 
SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER ENLARGE-
MENT OF NATO. 
It is the sense of the Congress that in order to promote economic 
stability and security in Slovakia, Estonia, Latvia, Lithuania, Roma-
nia, Bulgaria, Albania, Moldova, and Ukraine— 
(1) the United States should continue and expand its sup-
port for the full and active participation of these countries 
in activities appropriate for qualifying for NATO membership; 
(2) the United States Government should use all diplomatic 
means available to press the European Union to admit as 
soon as possible any country which qualifies for membership; 
(3) the United States Government and the North Atlantic 
Treaty Organization should continue and expand their support 
for military exercises and peacekeeping initiatives between and 
among these nations, nations of the North Atlantic Treaty 
Organization, and Russia; and 
(4) the process of enlarging NATO to include emerging 
democracies in Central and Eastern Europe should not be lim-
ited to consideration of admitting Poland, Hungary, the Czech 
Republic, and Slovenia as full members of the NATO Alliance. 
SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA, LATVIA 
AND UTHUANIA. 
In view of the forcible incorporation of Estonia, Latvia, Lithua-
nia into the Soviet Union in 1940 under the Molotov-Ribbentrop 
Pact and the refusal of the United States and other countries 
to recognize that incorporation for over 50 years, it is the sense 
of the Congress that— 
"" 
(1) Estonia, Latvia, and Lithuania have valid historical 
security concerns that must be taken into account by the United 
States; and 
(2) Estonia, Latvia, and Lithuania should not be disadvan-
taged in seeking to join NATO by virtue of their forcible incorpo-
ration into the Soviet Union. 
SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGE-
MENT ASSISTANCE. 
(a) IN GENERAL.—The following countries are designated as 
eligible to receive assistance under the program established under 
section 203(a) of the NATO Participation Act of 1994 and shall 
be deemed to have been so designated pursuant to section 203(d)(1) 
of such Act: Poland, Hungary, and the Czech Republic. 
(b) DESIGNATION OF SLOVENIA.—Effective 90 days after the 
date of enactment of this Act, Slovenia is designated as eligible 
to receive assistance under the program established under section 
203(a) of the NATO Participation Act of 1994, and shall be deemed 
to have been so designated pursuant to section 203(d) of such 
Act, unless the President certifies to Congress prior to such effective 
date that Slovenia fails to meet the criteria under section 203(d)(3) 
of such Act. 
110 STAT. 3009-177 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(c) DESIGNATION OF OTHER COUNTRIES.—The President shall 
designate other emerging democracies in Central and Eastern 
Europe as eligible to receive assistance under the program estab-
lished under section 203(a) of such Act if such countries— 
(1) have expressed a clear desire to join NATO; 
(2) have begun an individualized dialogue with NATO in 
preparation for accession; 
(3) are strategically significant to an effective NATO 
defense; and 
(4) meet the other criteria outlined in section 203(d)(3) 
of the NATO Participation Act of 1994 (title II of Public Law 
103-447; 22 U.S.C. 1928 note). 
(d) RULE OF CONSTRUCTION.—Nothing in this section precludes 
the designation by the President of Estonia, Latvia, Lithuania, 
Romania, Slovakia, Bulgaria, Albania, Moldova, Ukraine, or any 
other emerging democracy in Central and Eastern Europe pursuant 
to section 203(d) of the NATO Participation Act of 1994 as eligible 
to receive assistance under the program established under section 
203(a) of such Act. 
SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO ENLARGE-
MENT ASSISTANCE. 
(a) IN GENERAL.—^There are authorized to be appropriated 
$60,000,000 for fiscal year 1997 for the program established under 
section 203(a) of the NATO Participation Act of 1994. 
(b) AVAILABILITY.—Of the funds authorized to be appropriated 
by subsection (a)— 
(1) not less than $20,000,000 shall be available for the 
cost, as defined in section 502(5) of the Credit Reform Act 
of 1990, of direct loans pursuant to the authority of section 
203(c)(4) of the NATO Participation Act of 1994 (relating to 
the "Foreign Military Financing Program"); 
(2) not less than $30,000,000 shall be available for assist-
ance on a grant basis pursuant to the authority of section 
203(c)(4) of the NATO Participation Act of 1994 (relating to 
the "Foreign Military Financing Program"); and 
(3) not more than $10,000,000 shall be available for assist-
ance pursuant to the authority of section 203(c)(3) of the NATO 
Participation Act of 1994 (relating to international military 
education and training). 
(c) RULE OF CONSTRUCTION.—^Amounts authorized to be appro-
priated under this section are authorized to be appropriated in 
addition to such amounts as otherwise may be available for such 
purposes. 
SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR 
PEACE INFORMATION MANAGEMENT SYSTEM. 
(a) IN GENERAL.—To the extent provided in advance in appro-
priations acts for such purposes, funds described in subsection 
(b) are authorized to be made available to support the implementa-
tion of the Regional Airspace Initiative and the Partnership for 
Peace Information Management System, including— 
(1) the procurement of items in support of these programs; 
and 
(2) the transfer of such items to countries participating 
in these programs. 
(b) FUNDS DESCRIBED.—Funds described in this subsection are 
funds that are available— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-178 
(1) during any fiscal year under the NATO Participation 
Act of 1994 with respect to countries ehgible for assistance 
under that Act; or 
(2) during fiscal year 1997 under any Act to carry out 
the Warsaw Initiative. 
SEC. 609. EXCESS DEFENSE ARTICLES. 
(a) PRIORITY DELIVERY.—Notwithstanding any other provision 
of law, the delivery of excess defense articles under the authority 
of section 203(c) (1) and (2) of the NATO Participation Act of 
1994 and section 516 of the Foreign Assistance Act of 1961 shall 
be given priority to the maximum extent feasible over the delivery 
of such excess defense articles to all other countries except those 
countries referred to in section 541 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1995 
(Public Law 103-306; 108 Stat. 1640). 
(b) COOPERATIVE REGIONAL PEACEKEEPING INITIATIVES.—The 
Congress encourages the President to provide excess defense articles 
and other appropriate assistance to cooperative regional peacekeep-
ing initiatives involving emerging democracies in Central and East-
ern Europe that have expressed an interest in joining NATO in 
order to enhance their ability to contribute to European peace 
and security and international peacekeeping efforts. 
SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY. 
The Congress endorses efforts by the United States to modern-
ize the defense capability of Poland, Hungary, the Czech Republic, 
Slovenia, and any other countries designated by the President 
pursuant to section 203(d) of the NATO Participation Act of 1994, 
by exploring with such countries options for the sale or lease to 
such countries of weapons systems compatible with those used 
by NATO members, including air defense systems, advanced fighter 
aircraft, and telecommunications infrastructure. 
SEC. 611. TERMINATION OF ELIGIBILITY. 
(a) TERMINATION OF ELIGIBILITY.—^The eligibility of a country 
designated pursuant to subsection (a) or (b) of section 606 or pursu-
ant to section 203(d) of the NATO Participation Act of 1994 may 
be terminated upon a determination by the President that such 
country does not meet the criteria set forth in section 203(d)(3) 
of the NATO Participation Act of 1994. 
(b) NOTIFICATION.—^At least 15 days before terminating the 
eligibility of any country pursuant to subsection (a), the President 
shall notify the congressional committees specified in section 634A 
of the Foreign Assistance Act of 1961 in accordance with the proce-
dures applicable to reprogramming notifications under that section. 
SEC. 612. CONFORMING AMENDMENTS TO THE NATO PARTICIPATION 
ACT. 
The NATO Participation Act of 1994 (title II of Public Law 
103-447; 22 U.S.C. 1928 note) is amended in sections 203(a), 
203(d)(1), and 203(d)(2) by striking "countries emerging from com-
munist domination" each place it appears and inserting "emerging 
democracies in Central and Eastern Europe". 
110 STAT. 3 0 0 ^ 1 7 9 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Bank for 
Economic 
Cooperation and 
Development in 
the Middle East 
and North Africa 
Act 
22 use 290o 
note. 
22 use 290o. 
22 use 290O-1. 
TITLE 
VII—MIDDLE 
EAST 
DEVELOPMENT 
BANK 
SEC. 701. SHORT TITLE. 
This title may be cited as the "Bank for Economic Cooperation 
and Development in the Middle East and North Africa Act". 
SEC. 702. ACCEPTANCE OF MEMBERSHIP. 
The President is hereby authorized to accept membership for 
the United States in the Bank for Economic Cooperation and Devel-
opment in the Middle East and North Africa (in this title referred 
to as the "Bank") provided for by the agreement establishing the 
Bank (in this title referred to as the "Agreement"), signed on May 
31, 1996. 
SEC. 703. GOVERNOR AND ALTERNATE GOVERNOR. 
(a) APPOINTMENT,—^At the inaugural meeting of the Board of 
Governors of the Bank, the Governor and the alternate for the 
Governor of the International Bank for Reconstruction and Develop-
ment, appointed pursuant to section 3 of the Bretton Woods Agree-
ments Act, shall serve ex-officio as a Governor and the alternate 
for the Grovemor, respectively, of the Bank. The President, by 
and with the advice and consent of the Senate, shall appoint a 
Governor of the Bank and an alternate for the Governor. 
(b) COMPENSATION.—^Any person who serves as a governor of 
the Bank or as an alternate for the Governor may not receive 
any salary or other compensation from the United States by reason 
of such service. 
SEC. 704. APPLICABILITY OF CERTAIN PROVISIONS OF THE BRETTON 
WOODS AGREEMENTS ACT. 
Section 4 of the Bretton Woods Agreements Act shall apply 
to the Bank in the same manner in which such section applies 
to the International Bank for Reconstruction and Development and 
the International Monetary Fund. 
22 use 290O-3. 
SEC. 705. FEDERAL RESERVE BANKS AS DEPOSITORIES. 
Any Federal Reserve Bank which is requested to do so by 
the Bank may act as its depository, or as its fiscal agent, and 
the Board of Gfovemors of the Federal Reserve System shall exercise 
general supervision over the carrying out of these functions. 
SEC. 706. SUBSCRIPTION OF STOCK. 
22 use 290O-2. 
22 use 290O-4. 
(a) SUBSCRIPTION AUTHORITY.— 
(1) IN GENERAL.—^The Secretary of the Treasury may sub-
scribe on behalf of the United States to not more than 7,011,270 
shares of the capital stock of the Bank. 
(2) EFFECTIVENESS OF SUBSCRIPTION COMMITMENT.^Any 
commitment to make such subscription shall be effective only 
to such extent or in such amounts as are provided for in 
advance by appropriations Acts. 
(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—For 
payment by the Secretary of the Treasury of the subscription of 
the United States for shares described in subsection (a), there 
are authorized to be appropriated $1,050,007,800 without fiscal 
year limitation. 
(c) LIMITATIONS ON OBLIGATION OF APPROPRIATED 
AMOUNTS 
FOR SHARES OF CAPITAL S T O C K . — 
(1) PAID-IN CAPITAL STOCK.— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-180 
(A) IN GENERAL.—Not more than $105,000,000 of the 
amounts appropriated pursuant to subsection (b) may be 
obligated for subscription to shares of paid-in capital stock. 
(B) FISCAL YEAR 1997.—Not more than $52,500,000 of 
the amounts appropriated pursuant to subsection (b) for 
fiscal year 1997 may be obligated for subscription to shares 
of paid-in capital stock. 
(2) CALLABLE CAPITAL STOCK.—Not more than $787,505,852 
of the amounts appropriated pursuant to subsection (b) may 
be obligated for subscription to shares of callable capital stock. 
(d) DISPOSITION OF NET INCOME DISTRIBUTIONS BY THE BANK.— 
Any payment made to the United States by the Bank as a distribu-
tion of net income shall be covered into the Treasury as a mis-
cellaneous receipt. 
SEC. 707. JURISDICTION AND VENUE OF CIVIL ACTIONS BY OR 
22USC290o-5. 
AGAINST THE BANK. 
(a) JURISDICTION.—^The United States district courts shall have 
original and exclusive jurisdiction of any civil action brought in 
the United States by or against the Bank. 
(b) VENUE.—^For purposes of section 1391(b) of title 28, United 
States Code, the Bank shall be deemed to be a resident of the 
judicial district in which the principal office of the Bank in the 
United States, or its agent appointed for the purpose of accepting 
service or notice of service, is located. 
SEC. 708. EFFECTIVENESS OF AGREEMENT. 
22 USC 290o-6. 
The Agreement shall have full force and effect in the United 
States, its territories and possessions, and the Commonwealth of 
Puerto Rico, upon acceptance of membership by the United States 
in the Bank and the entry into force of the A^eement. 
SEC. 709. EXEMPTION FROM SECURITIES LAWS FOR CERTAIN SECUM- 
22 USC 290o-7. 
TIES ISSUED BY THE BANK; REPORTS REQUIRED. 
(a) EXEMPTION FROM SECURITIES LAWS; REPORTS TO SECURITIES 
AND EXCHANGE COMMISSION.—Any securities issued by the Bank 
(including any guaranty by the Bank, whether or not limited in 
scope) in connection with borrowing of funds, or the guarantee 
of securities as to both principal and interest, shsdl be deemed 
to be exempted securities within the meaning of section 3(a)(2) 
of the Securities Act of 1933 and section 3(a)(12) of the Securities 
Exchange Act of 1934. The Bank shall file with the Securities 
and Exchange Commission such annual and other reports with 
regard to such securities as the Commission shall determine to 
be appropriate in view of the specisd character of the Bank and 
its operations and necessary in the public interest or for the protec-
tion of investors. 
(b) AUTHORITY OF SECURITIES AND EXCHANGE COMMISSION TO 
SUSPEND EXEMPTION; REPORTS TO THE CONGRESS.—^The Securities 
and Exchange Commission, acting in consultation with such agency 
or officer as the President shall designate, may suspend the provi-
sions of subsection (a) at any time as to any or all securities 
issued or guaranteed by the Bank during the period of such suspen-
sion. The Commission shall include in its annual reports to the 
Congress such information as it shall deem advisable with regard 
to the operations and effect of this section. 
110 STAT. 3009-181 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Department of 
the Interior and 
Related Agencies 
Appropriations 
Act, 1997. 
SEC. 710. TECHNICAL AMENDMENTS. 
(a) 
ANNUAL 
REPORT 
REQUIRED 
ON PARTICIPATION 
OF THE 
UNITED STATES IN THE BANK.—Section 1701(c)(2) of the Inter-
national Financial Institutions Act (22 U.S.C. 262r(c)(2)) is amended 
by inserting "Bank for Economic Cooperation and Development 
in the Middle East and North Africa," after "Inter-American Devel-
opment Bank". 
(b) EXEMPTION FROM LIMITATIONS AND RESTRICTIONS ON POWER 
OF NATIONAL, BANKING ASSOCIATIONS TO DEAL IN AND UNDERWRITE 
INVESTMENT SECURITIES OF THE BANK.—^The seventh sentence of 
paragraph 7 of section 5136 of the Revised Statutes of the United 
States (12 U.S.C. 24) is amended by inserting "Bank for Economic 
Cooperation and Development in the Middle East and North Africa," 
.after "the Inter-American Development Bank". 
(c) BENEFITS FOR UNITED STATES CITIZEN-REPRESENTATIVES TO 
THE BANK.—Section 51 of Public Law 91-599 (22 U.S.C. 276c-
2) is amended by inserting "the Bank for Economic Cooperation 
and Development in the Middle East and North Africa," after "the 
Inter-American Development Bank,". 
(d) For programs, projects or activities in the Department of 
the Interior and Related Agencies Appropriations Act, 1997, pro-
vided as follows, to be effective as if it had been enacted into 
law as the regular appropriations Act: 
AN ACT 
Making appropriations for the Department of the Interior, and related agencies for 
the fiscal year ending September 30, 1997, and for other purposes. 
TITLE I—DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
MANAGEMENT OF LANDS AND RESOURCES 
For expenses necessary for protection, use, improvement, develop-
ment, disposal, cadastral surveying, classification, acquisition of 
easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, 
in the management of lands and their resources under the jurisdic-
tion of the Bureau of Land Management, including the general 
administration of the Bureau, and assessment of mineral potential 
of public lands pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), 
$572,164,000, to remain available until expended, of which 
$2,010,000 shall be available for assessment of the mineral potential 
of public lands in Alaska pursuant to section 1010 of Public Law 
96-487 (16 U.S.C. 3150); and of which $3,000,000 shall be derived 
from the special receipt account established by the Land and Water 
Conservation Act of 1965, as amended (16 U.S.C. 4601-6a(i)); and 
of which $1,000,000 shall be available in fiscal year 1997 subject 
to a match by at least an equal amount by the National Fish 
and Wildlife Foundation, to such Foundation for challenge cost 
share projects supporting fish and wildlife conservation affecting 
Bureau lands; in addition, $27,300,000 for Mining Law Administra-
tion program operations, to remain available until expended, to 
be reduced by amounts collected by the Bureau and credited to 
this appropriation from annual mining claim fees so as to result 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-182 
in a final appropriation estimated at not more than $572,164,000; 
and in addition, not to exceed $5,000,000, to remain available 
until expended, from annual mining claim fees; which shall be 
credited to this account for the costs of administering the mining 
claim fee program, and $2,000,000 from communication site rental 
fees established by the Bureau for the cost of administering commu-
nication site activities: Provided, That appropriations herein made 
shall not be available for the destruction of healthy, unadopted, 
wild horses and burros in the care of the Bureau or its contractors: 
Provided further, That in fiscal year 1997 and thereafter, all fees, 43 USC 1734a. 
excluding mining claim fees, in excess of the fiscal year 1996 collec-
tions established by the Secretary of the Interior under the author-
ity of 43 U.S.C. 1734 for processing, recording, or documenting 
authorizations to use public lands or public land natural resources 
(including cultural, historical, and mineral) and for providing spe-
cific services to public land users, and which are not presently 
being covered into any Bureau of Land Management appropriation 
accounts, and not otherwise dedicated by law for a specific distribu-
tion, shall be made immediately available for program operations 
in this account and remain available until expended. 
WILDLAND FIRE MANAGEMENT 
For necessary expenses for fire use and management, fire 
preparedness, suppression operations, and emergency rehabilitation 
by the Department of the Interior, $252,042,000, to remain available 
until expended, of which not to exceed $5,025,000 shall be for 
the renovation or construction of fire facilities: Provided, That such 
funds are also available for repayment of advances to other appro-
priation accounts from which funds were previously transferred 
for such purposes: Provided further. That persons hired pursuant 
to 43 U.S.C. 1469 may be furnished subsistence and lodging without 
costs from funds available from this appropriation: Provided further, 
That unobligated balances of amounts previously appropriated to 
the "Fire Protection" and "Emergency Department of the Interior 
Firefighting Fund" may be transferred to this appropriation. 
CENTRAL HAZARDOUS MATERIALS FUND 
For necessary expenses of the Department of the Interior and 
any of its component offices and bureaus for the remedial action, 
including associated activities, of hazardous waste substances, 
pollutants, or contaminants 
pursuant 
to the 
Comprehensive 
Environmental Response, Compensation and Liability Act, as 
amended (42 U.S.C. 9601 et seq.), $12,000,000, to remain available 
until expended: Provided, That notwithstanding 31 U.S.C. 3302, 
sums recovered from or paid by a party in advance of or as 
reimbursement for remedial action or response activities conducted 
by the Department pursuant to sections 107 or 113(f) of such 
Act, shall be credited to this account to be available until expended 
without further appropriation: Provided further, That such sums 
recovered from or paid by any party are not limited to monetary 
payments and may include stocks, bonds or other personal or real 
property, which may be retained, liquidated, or otherwise disposed 
of by the Secretary and which shall be credited to this account. 
110 STAT. 3009-183 
PUBLIC LAW 104-208—SEPT. 30, 1996 
CONSTRUCTION 
For construction of buildings, recreation facilities, roads, trails, 
and appurtenant facilities, $4,333,000, to remain available until 
expended. 
PAYMENTS IN LIEU OF TAXES 
For expenses necessary to implement the Act of October 20, 
1976, as amended (31 U.S.C. 6901-07), $113,500,000, of which 
not to exceed $400,000 shall be available for administrative 
expenses. 
LAND ACQUISITION 
For expenses necessary to carry out sections 205, 206, and 
318(d) of Public Law 94-579 including administrative expenses 
and acquisition of lands or waters, or interests therein, $10,410,000, 
to be derived from the Land and Water Conservation Fund, to 
remain available until expended. 
OREGON 
AND 
CALIFORNIA 
GRANT 
LANDS 
For expenses necessary for management, protection, and devel-
opment of resources and for construction, operation, and mainte-
nance of access roads, reforestation, and other improvements on 
the revested Oregon and California Railroad grant lands, on other 
Federal lands in the Oregon and California land-grant counties 
of Oregon, and on adjacent rights-of-way; and acquisition of lands 
or interests therein including existing connecting roads on or adja-
cent to such grant lands; $100,515,000, to remain available until 
expended: Provided, That 25 per centum of the aggregate of all 
receipts during the current fiscal year from the revested Oregon 
and California Railroad grant lands is hereby made a charge against 
the Oregon and California land-grant fund and shall be transferred 
to the General Fund in the Treasury in accordance with the second 
paragraph of subsection (b) of title II of the Act of August 28, 
1937 (50 Stat. 876). 
RANGE IMPROVEMENTS 
For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant 
to section 401 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums 
equal to 50 per centum of all moneys received during the prior 
fiscal year under sections 3 and 15 of the Taylor Grazing Act 
(43 U.S.C. 315 et seq.) and the amount designated for range 
improvements from grazing fees and mineral leasing receipts from 
Bankhead-Jones lands transferred to the Department of the Interior 
pursuant to law, but not less than $9,113,000, to remain available 
until expended: Provided, That not to exceed $600,000 shall be 
available for administrative expenses. 
SERVICE CHARGES, DEPOSITS, AND FORFEITURES 
For administrative expenses and other costs related to process-
ing application documents and other authorizations for use and 
disposal of public lands and resources, for costs of providing copies 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-184 
of official public land documents, for monitoring construction, oper-
ation, and termination of facilities in conjunction with use 
authorizations, and for rehabilitation of damaged property, such 
amounts as may be collected under Public Law 94-579, as amended, 
and Public Law 93-153, to remain available until expended: Pro-
vided, That notwithstanding any provision to the contrary of section 43 USC 1735 
305(a) of PubHc Law 94-579 (43 U.S.C. 1735(a)), any moneys that note. 
have been or will be received pursuant to that section, whether 
as a result of forfeiture, compromise, or settlement, if not appro-
priate for refund pursuant to section 305(c) of that Act (43 U.S.C. 
1735(c)), shall be available and may be expended under the author-
ity of this Act by the Secretary to improve, protect, or rehabilitate 
any public lands administered through the Bureau of Land Manage-
ment which have been damaged by the action of a resource devel-
oper, purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such action are 
used on the exact lands damaged which led to the action: Provided 
further, That any such moneys that are in excess of amounts needed 
to repair damage to the exact land for which funds were collected 
may be used to repair other damaged public lands. 
MISCELLANEOUS TRUST FUNDS 
In addition to amounts authorized to be expended under exist-
ing laws, there is hereby appropriated such amounts as may be 
contributed under section 307 of the Act of October 21, 1976 (43 
U.S.C. 1701), and such amounts as may be advanced for administra-
tive costs, surveys, appraisals, and costs of making conveyances 
of omitted lands under section 211(b) of that Act, to remain available 
until expended. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the Bureau of Land Management shall be 
available for purchase, erection, and dismantlement of temporary 
structures, and alteration and maintenance of necessary buildings 
and appurtenant facilities to which the United States has title; 
up to $100,000 for payments, at the discretion of the Secretary, 
for information or evidence concerning violations of laws adminis-
tered by the Bureau; miscellaneous and emergency expenses of 
enforcement activities authorized or approved by the Secretary and 
to be accounted for solely on his certificate, not to exceed $10,000: 
Provided, That notwithstanding 44 U.S.C. 501, the Bureau may, 
under cooperative cost-sharing and partnership 
arrangements 
authorized by law, procure printing services from cooperators in 
connection with jointly-produced publications for which the coopera-
tors share the cost of printing either in cash or in services, and 
the Bureau determines the cooperator is capable of meeting accepted 
quality standards. 
The Bureau of Land Management's Visitor Center in Rand, 
Oregon is hereby named the "William B. Smullin Visitor Center". 
110 STAT. 3009-185 
PUBLIC LAW 104-208—SEPT. 30, 1996 
UNITED STATES FISH AND WILDLIFE SERVICE 
RESOURCE MANAGEMENT 
For expenses necessary for scientific and economic studies, 
conservation, management, investigations, protection, and utiliza-
tion of fishery and wildlife resources, except whales, seals, and 
sea lions, and for the performance of other authorized functions 
related to such resources; for the general administration of the 
United States Fish and Wildlife Service; for maintenance of the 
herd of long-homed cattle on the Wichita Mountains Wildlife Ref-
uge; and not less than $1,000,000 for high priority projects within 
the scope of the approved budget which shall be carried out by 
the Youth Conservation Corps as authorized by the Act of August 
13, 1970, as amended, $523,947,000, to remain available until 
September 30, 1998, of which $11,557,000 shall remain available 
until expended for operation and maintensince of fishery mitigation 
facilities constructed by the Corps of Engineers under the Lower 
Snake River Compensation Plan, authorized by the Water Resources 
Development Act of 1976, to compensate for loss of fishery resources 
from water development projects on the Lower Snake River, and 
of which $2,000,000 shall be provided to local governments in south-
em California for planning associated with the Natursd Commu-
nities Conservation Planning (NCCP) program £ind shall remain 
16 use 742b 
available until expended: Provided, That hereafter, pursuant to 
note. 
31 U.S.C. 9701, the Secretary shall charge reasonable fees for 
the full costs of providing training by the National Education £ind 
Training Center, to be credited to this account, notwithstanding 
31 U.S.C. 3302, for the direct costs of providing such training. 
CONSTRUCTION 
For construction and acquisition of buildings and other facilities 
required in the conservation, management, investigation, protection, 
and utilization of fishery and wildlife resources, and the acquisition 
of lands and interests therein; $43,365,000 to remain available 
until expended. 
NATURAL RESOURCE DAMAGE ASSESSMENT FUND 
To conduct natural resource dsimage assessment activities by 
the Department of the Interior necessary to carry out the provisions 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act, as amended (42 U.S.C. 9601, et seq.), Federal Water 
Pollution Control Act, as amended (33 U.S.C. 1251, et seq.), the 
Oil Pollution Act of 1990 (Public Law 101-380), and Public Law 
101-337; $4,000,000, to remain available until expended. 
LAND ACQUISITION 
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 4601-4-11), 
including administrative expenses, and for acquisition of land or 
waters, or interest therein, in accordance with statutory authority 
applicable to the United 
States Fish and Wildlife 
Service, 
16 use 668dd 
$44,479,000, of which $3,000,000 is authorized to be appropriated 
note. 
and shall be used to establish the Clarks River National Wildlife 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-186 
Refuge in Kentucky, to be derived from the Land and Water Con-
servation Fund, to remain available until expended. 
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND 
For expenses necessary to carry out the provisions of the Endan-
gered Species Act of 1973 (16 U.S.C. 1531-1543), as amended, 
$14,085,000, for grants to States, to be derived from the Cooperative 
Endangered Species Conservation Fund, and to remain available 
until expended. 
NATIONAL WILDLIFE REFUGE FUND 
For expenses necessary to implement the Act of October 17, 
1978 (16 U.S.C. 715s), $10,779,000. 
REWARDS AND OPERATIONS 
For expenses necessary to carry out the provisions of the Afri-
can Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 
4221-4225, 4241-4245, and 1538), $1,000,000, to remain available 
until expended. 
NORTH AMERICAN WETLANDS CONSERVATION FUND 
For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, Public Law 101-233, as 
amended, $9,750,000, to remain available until expended. 
RHINOCEROS AND TIGER CONSERVATION FUND 
For deposit to the Rhinoceros and Tiger Conservation Fund, 
$400,000, to remain available until expended, to carry out the 
Rhinoceros and Tiger Conservation Act of 1994 (Public Law 103-
391). 
WILDLIFE CONSERVATION AND APPRECIATION FUND 
For deposit to the Wildlife Conservation and Appreciation Fund, 
$800,000, to remain available until expended. 
ADMINISTRATIVE PROVISIONS 
Appropriations and funds available to the United States Fish 
and Wildlife Service shall be available for purchase of not to exceed 
83 passenger motor vehicles of which 73 are for replacement only 
(including 43 for police-t3T)e use); not to exceed $400,000 for pay-
ment, at the discretion of the Secretary, for information, rewards, 
or evidence concerning violations of laws administered by the Serv-
ice, and miscellaneous and emergency expenses of enforcement 
activities, authorized or approved by the Secretary and to be 
accounted for solely on his certificate; repair of damage to public 
roads within and adjacent to reservation areas caused by operations 
of the Service; options for the purchase of land at not to exceed 
$1 for each option; facilities incident to such public recreational 
uses on conservation areas as are consistent with their primary 
purpose; and the maintenance and improvement of aquaria, build-
ings, and other facilities under the jurisdiction of the Service and 
110 STAT. 3009-187 
PUBLIC LAW 104-208—SEPT. 30, 1996 
to which the United States has title, and which are utihzed pursu-
ant to law in connection with management and investigation of 
fish and wildlife resources: Provided, That notwithstanding 44 
U.S.C. 501, the Service may, under cooperative cost sharing and 
partnership arrangements authorized by law, procure printing serv-
ices from cooperators in connection with jointly-produced publica-
tions for which the cooperators share at least one-half the cost 
of printing either in cash or services and the Service determines 
the cooperator is capable of meeting accepted quality standards: 
Provided further. That the Service may accept donated aircraft 
as replacements for existing aircr£ift: Provided further. That not-
withstanding any other provision of law, the Secretary of the 
Interior may not spend any of the funds appropriated in this Act 
for the purchase of lands or interests in lands to be used in the 
establishment of any new unit of the National Wildlife Refuge 
System unless the purchase is approved in advance by the House 
and Senate Committees on Appropriations in compliance with the 
reprogramming procedures contained in House Report 103-551: 
Provided further. That section 101(c) of the Omnibus Consolidated 
Rescissions and Appropriations Act of 1996 is amended in section 
315(c)(1)(E) (110 Stat. 1321-201; 16 U.S.C. 4601-6a note) by striking 
"distributed in accordance with section 201(c) of the Emergency 
Wetlands Resources Act" and inserting "available to the Secretary 
of the Interior until expended to be used in accordance with clauses 
(i), (ii), and (iii) of section 201(c)(A) of the Emergency Wetlands 
Resources Act of 1986 (16 U.S.C. 3911(c)(A))". 
NATIONAL PARK SERVICE 
OPERATION OF THE NATIONAL PARK SYSTEM 
For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National 
Park Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administra-
tion of the National Park Service, including not to exceed $1,593,000 
for the Volunteers-in-Parks program, and not less than $1,000,000 
for high priority projects within the scope of the approved budget 
which shall be carried out by the Youth Conservation Corps as 
authorized by 16 U.S.C. 1706, $1,152,311,000, without regard to 
16 U.S.C. 451, of which $8,000,000 for research, planning and 
interagency coordination in support of land acquisition for Ever-
glades restoration shall remain available until expended, and of 
which not to exceed $72,000,000, to remain available until expended, 
is to be derived from the special fee account established pursuant 
to title V, section 5201, of PubUc Law 100-203. 
NATIONAL RECREATION AND PRESERVATION 
For expenses necessary to carry out recreation programs, natu-
ral programs, cultural programs, environmental compliance and 
review, international park affairs, statutory or contractual aid for 
other activities, and grant administration, not otherwise provided 
for, $37,976,000. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-188 
HISTORIC PRESERVATION FUND 
For expenses necessary in carrying out the Historic Preserva-
tion Act of 1966, as amended (16 U.S.C. 470), $36,612,000, to 
be derived from the Historic Preservation Fund, to remain available 
until September 30,1998. 
CONSTRUCTION 
For construction, improvements, repair or replacement of phys-
ical facilities including tne modifications authorized by section 104 
of the Everglades National Park Protection and Expansion Act 
of 1989, $163,444,000, to remain available until expended, of which 
$270,000 shall be used for appropriate fish restoration projects 
not related to dam removal including reimbursement to the State 
of Washington for emergency actions taken to protect the 1996 
run of fall chinook salmon on the Elwha River: Provided, That 
funds previously provided under this heading that had been made 
available to the City of Hot Springs, Arkansas, to be used for 
a flood protection feasibility study, are now made available to 
the City of Hot Springs for the rehabilitation of the Federally-
constructed Hot Springs Creek Arch, including the portion within 
Hot Springs National Park. 
LAND AND WATER CONSERVATION FUND 
(RESCISSION) 
The contract authority provided for fiscal year 1997 by 16 16 USC 460/-l0a 
U.S.C. 4601-10a is rescinded. 
note. 
LAND ACQUISITION AND STATE ASSISTANCE 
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 4601-4-11), 
including administrative expenses, and for acquisition of lands or 
waters, or interest therein, in accordance with statutory authority 
applicable to the National Park Service, $53,915,000, to be derived 
from the Land and Water Conservation Fund, to remain available 
until expended, of which $1,500,000 is to administer the State 
assistance program: Provided, That any funds made available for 
the purpose of acquisition of the Elwha and Glines dams shall 
be used solely for acquisition, and shall not be expended until 
the full purchase amount has been appropriated by the Congress: 
Provided further. That of the funds provided herein, $9,000,000 
is available for acquisition of the Sterling Forest, subject to 
authorization. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the National Park Service shall be available 
for the purchase of not to exceed 404 passenger motor vehicles, 
of which 287 shall be for replacement only, including not to exceed 
320 for police-type use, 13 buses, and 6 ambulances: 
Provided, 
That none of the funds appropriated to the National Park Service 
may be used to process any grant or contract documents which 
do not include the text of 18 U.S.C. 1913: Provided further. That 
none of the funds appropriated to the National Park Service may 
be used to implement an agreement for the redevelopment of the 
110 STAT. 3009-189 
PUBLIC LAW 104-208—SEPT. 30, 1996 
southern end of Ellis Island until such agreement has been submit-
ted to the Congress and shall not be implemented prior to the 
expiration of 30 calendar days (not including any day in which 
either House of Congress is not in session because of adjournment 
of more than three calendar days to a day certain) from the receipt 
by the Speaker of the House of Representatives and the President 
of the Senate of a full and comprehensive report on the development 
. of the southern end of Ellis Island, including the facts and cir-
cumstances relied upon in support of the proposed project. 
None of the funds in this Act may be spent by the National 
Park Service for activities taken in direct response to the United 
Nations Biodiversity Convention. 
16 use ig. 
The National Park Service may in fiscal year 1997 and there-
after enter into cooperative agreements that involve the transfer 
of National Park Service appropriated funds to State, local and 
tribal governments, other public entities, educational institutions, 
and private nonprofit organizations for the public purpose of carry-
ing out National Park Service programs pursuant to 31 U.S.C. 
6305 to carry out public purposes of National Park Service pro-
grams. 
Notwithstanding any other provision of law, remaining bal-
ances, including interest, from funds granted to the National Park 
Foundation pursuant to the National Park System Visitor Facilities 
Fund Act of 1983 (Public Law 97-433, 96 Stat. 2277) shall be 
available to the National Park Foundation for expenditure in units 
of the National Park System for the purpose of improving visitor 
facilities. 
UNITED STATES GEOLOGICAL SURVEY 
SURVEYS, INVESTIGATIONS, AND RESEARCH 
For expenses necessary for the United States Geological Survey 
to perform surveys, investigations, and research covering topog-
raphy, geology, hydrology, and the mineral and water resources 
of the United States, its Territories and possessions, and other 
areas as authorized by 43 U.S.C. 31, 1332 and 1340; classify lands 
as to their mineral and water resources; give engineering super-
vision to power permittees and Federal Energy Regulatory Commis-
sion licensees; administer the minerals exploration program (30 
U.S.C. 641); and publish and disseminate data relative to the fore-
going activities; and to conduct inquiries into the economic condi-
tions affecting mining and materials processing industries (30 
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(l)) and related purposes 
as authorized by law and to publish and disseminate data; 
$738,913,000 of which $64,559,000 shall be available only for 
cooperation with States or municipalities for water resources inves-
tigations; and of which $16,000,000 shall remain available until 
expended for conducting inquiries into the economic conditions 
affecting mining and materials processing industries; and of which 
$137,500,000 shall be available until September 30, 1998 for the 
biological research activity and the operation of the Cooperative 
Research Units: Provided, That none of these funds provided for 
the biological research activity shall be used to conduct new surveys 
on private property, unless specifically authorized in writing by 
43 use 3lj. 
the property owner: Provided further, That beginning in fiscal year 
1998 and once every five years thereafter, the National Academy 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-190 
of Sciences shall review and report on the biological research activ-
ity of the Survey: Provided further, That no part of this appropria- 43 USC 50. 
tion shall be used to pay more than one-half the cost of topographic 
mapping or water resources data collection and investigations car-
ried on in cooperation with States and municipalities. 
ADMINISTRATIVE PROVISIONS 
The amount appropriated for the United States G^eological Sur-
vey shall be available for the purchase of not to exceed 53 passenger 
motor vehicles, of which 48 are for replacement only; reimbursement 
to the General Services Administration for security guard services; 
contracting for the furnishing of topographic maps and for the 
making of geophysical or other specialized surveys when it is 
administratively determined that such procedures are in the public 
interest; construction and maintenance of necessary buildings and 
appurtenant facilities; acquisition of lands for gauging stations and 
observation wells; expenses of the United States National Commit-
tee on Geology; and payment of compensation and expenses of 
persons on the rolls of the Survey duly appointed to represent 
the United States in the negotiation and administration of interstate 
compacts: Provided, That activities funded by appropriations herein 
made may be accomplished through the use of contracts, grants, 
or cooperative agreements as defined in 31 U.S.C. 6302, et seq. 
MINERALS MANAGEMENT SERVICE 
ROYALTY AND OFFSHORE MINERALS MANAGEMENT 
For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of royalties, 
as authorized by law; for enforcing laws and regulations applicable 
to oil, gas, and other minerals leases, permits, licenses and operat-
ing contracts; and for matching grants or cooperative agreements; 
including the purchase of not to exceed eight passenger motor 
vehicles for replacement only; $156,955,000, of which not less than 
$70,063,000 shall be available for royalty management activities; 
and an amount not to exceed $41,000,000 for the Technical Informa-
tion Management System and activities of the Outer Continental 
Shelf (OCS) Lands Activity, to be credited to this appropriation 
and to remain available until expended, from additions to receipts 
resulting from increases to rates in effect on August 5, 1993, from 
rate increases to fee collections for OCS administrative activities 
performed by the Minerals Management Service over and above 
the rates in effect on September 30, 1993, and from additional 
fees for OCS administrative activities established after September 
30, 1993: Provided, That $1,500,000 for computer acquisitions shall 
remain available until September 30, 1998: Provided further, That 
funds appropriated under this Act shall be available for the pajmient 
of interest in accordance with 30 U.S.C. 1721 (b) and (d): Provided 
further, That not to exceed $3,000 shall be available for reasonable 
expenses related to promoting volunteer beach and marine cleanup 
activities: Provided further. That notwithstanding any other provi-
sion of law, $15,000 under this head shall be available for refunds 
of overpayments in connection with certain Indian leases in which 
the Director of the Minerals Management Service concurred with 
the claimed refund due, to pay amounts owed to Indian allottees 
or Tribes, or to correct prior unrecoverable erroneous payments. 
29-194 O - 96 - 12 : QL 3 Part 4 
110 STAT. 3009-191 
PUBLIC LAW 104-208—SEPT. 30, 1996 
OIL SPILL RESEARCH 
For necessary expenses to carry out title I, section 1016, title 
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 
of the Oil Pollution Act of 1990, $6,440,000, which shall be derived 
from the Oil Spill Liability Trust Fund, to remain available until 
expended. 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT 
REGULATION AND TECHNOLOGY 
For necessary expenses to carry out the provisions of the Sur-
face Mining Control and Reclamation Act of 1977, Public Law 
95-87, as amended, including the purchase of not to exceed 10 
passenger motor vehicles, for replacement only; $94,172,000, and 
notwithstanding 31 U.S.C. 3302, an additional amount shall be 
credited to this account, to remain available until expended, from 
performance bond forfeitures in fiscal year 1997: Provided, That 
the Secretary of the Interior, pursuant to regulations, may utilize 
directly or through grants to States, moneys collected in fiscal 
year 1997 for civil penalties assessed under section 518 of the 
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1268), to reclaim lands adversely affected by coal mining practices 
30 use 1211 
after August 3, 1977, to remain available until expended: Provided 
iiote. 
further, That appropriations for the Office of Surface Mining Rec-
lamation and Enforcement may provide for the travel and per 
diem expenses of State and tribal personnel attending Office of 
Surface Mining Reclamation and Enforcement sponsored training. 
ABANDONED MINE RECLAMATION FUND 
For necessary expenses to carry out title IV of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, 
as amended, including the purchase of not more than 10 passenger 
motor vehicles for replacement only, $177,085,000, to be derived 
from receipts of the Abandoned Mine Reclamation Fund and to 
remain available until expended; of which up to $4,000,000 shall 
be for supplemental grants to States for the reclamation of aban-
doned sites with acid mine rock drainage from coal mines through 
the Appalachian Clean Streams Initiative: Provided, That grants 
to minimum program States will be $1,500,000 per State in fiscal 
year 1997: Provided further. That of the funds herein provided 
up to $18,000,000 may be used for the emergency program author-
ized by section 410 of Public Law 95-87, as amended, of which 
no more than 25 per centum shall be used for emergency reclama-
tion projects in any one State and funds for federally-administered 
emergency reclamation projects under this proviso shall not exceed 
$11,000,000: Provided further. That prior year unobligated funds 
appropriated for the emergency reclamation program shall not be 
subject to the 25 per centum limitation per State and may be 
used without fiscal year limitation for emergency projects: Provided 
further. That pursuant to Public Law 97-365, the Department 
of the Interior is authorized to use up to 20 per centum from 
the recovery of the delinquent debt owed to the United States 
Government to pay for contracts to collect these debts: Provided 
further. That funds made available to States under title IV of 
Public Law 95-87 may be used, at their discretion, for any required 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-192 
non-Federal share of the cost of projects funded by the Federal 
Government for the purpose of environmental restoration related 
to treatment or abatement of acid mine drainage from abandoned 
mines: Provided farther, That such projects must be consistent 
with the purposes and priorities of the Surface Mining Control 
and Reclamation Act: Provided further. That the State of Maryland 
may set aside the greater of $1,000,000 or 10 i)ercent of the total 
of the grants made available to the State under title IV of the 
Surface Mining Control and Reclamation Act of 1977, as amended 
(30 U.S.C. 1231 et. seq.), if the amount set aside is deposited 
in an acid mine drainage abatement and treatment fund established 
under a State law, pursuant to which law the amount (together 
with all interest earned on the amount) is expended by the State 
to undertake acid mine drainage abatement and treatment projects, 
except that before any amounts greater than 10 percent of its 
title rV grants are deposited in an acid mine drainage abatement 
and treatment fund, the State of Maryland must first complete 
all Surface Mining Control and Reclamation Act priority one 
projects. 
BUREAU OF INDIAN AFFAIRS 
OPERATION OF INDIAN PROGRAMS 
For operation of Indian programs by direct expenditure, con-
tracts, cooperative agreements, compacts, and grants including 
expenses necessary to provide education and welfare services for 
Indians, either directly or in cooperation with States and other 
organizations, including payment of care, tuition, assistance, and 
other expenses of Indians in boarding homes, or institutions, or 
schools; grants and other assistance to needy Indians; maintenance 
of law and order; management, development, improvement, and 
protection of resources and appurtenant facilities under the jurisdic-
tion of the Bureau, including payment of irrigation assessments 
and charges; acquisition of water rights; advances for Indian indus-
trial and business enterprises; operation of Indian arts and crafts 
shops and museums; development of Indian arts and crafts, as 
authorized by law; for the general administration of the Bureau, 
including such expenses in field offices; maintaining of Indian res-
ervation roads as defined in 23 U.S.C. 101; and construction, repair, 
and improvement of Indian housing, $1,436,902,000, of which not 
to exceed $86,520,000 shall be for welfare assistance payments 
and not to exceed $90,829,000 shall be for pa5anents to tribes 
and tribal organizations for contract support costs associated with 
ongoing contracts or grants or compacts entered into with the 
Bureau prior to fiscal year 1997, as authorized by the Indian 
Self-Determination Act of 1975, as amended, and up to $5,000,000 
shall be for the Indian Self-Determination Fund, which shall be 
available for the transitional cost of initial or expanded tribal con-
tracts, grants, compacts, or cooperative agreements with the Bureau 
under such Act; and of which not to exceed $365,124,000 for school 
operations costs of Bureau-funded schools and other education pro-
grams shall become available on July 1, 1997, and shall remain 
available until September 30, 1998; and of which not to exceed 
$53,805,000 for higher education scholarships, adult vocational 
training, and assistance to public schools under 25 U.S.C. 452 
et seq., shall remain available until September 30, 1998; and of 
110 STAT. 3009-193 
PUBLIC LAW 104-208—SEPT. 30, 1996 
which not to exceed $54,973,000 shall remain available until 
expended for housing improvement, road maintenance, attorney 
fees, litigation support, self-governance grants, the Indian Self-
Determination Fund, and the Navajo-Hopi Settlement Program: 
Provided, That tribes and tribal contractors may use their tribal 
priority allocations for unmet indirect costs of ongoing contracts, 
grants 
or 
compact 
agreements 
and 
for 
unmet 
welfare assistance costs: Provided further, That funds made avail-
able to tribes and tribal organizations through contracts or grants 
obligated during fiscal year 1997, as authorized by the Indian 
Self-Determination Act of 1975, or grants authorized by the Indian 
Education Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall 
remain available until expended by the contractor or grantee: Pro-
vided further. That to provide funding uniformity within a Self-
Grovernance Compact, any funds provided in this Act with availabil-
ity for more than one year may be reprogrammed to one year 
availability but shall remain available within the Compact until 
expended: Provided further. That notwithstanding any other provi-
sion of law, Indian tribal governments may, by appropriate changes 
in eligibility criteria or by other means, change eligibility for general 
assistance or change the amount of general assistance payments 
for individuals within the service area of such tribe who are other-
wise deemed eligible for general assistance payments so long as 
such changes are applied in a consistent manner to individuals 
similarly situated: Provided further, That any savings realized by 
such changes shall be available for use in meeting other priorities 
of the tribes: Provided further. That any net increase in costs 
to the Federal Government which result solely from tribally 
increased pa)mient levels for general assistance shall be met exclu-
sively from funds available to the tribe from within its tribal priority 
allocation: Provided further, That any forestry funds allocated to 
a tribe which remain unobligated as of September 30, 1997, may 
be transferred during fiscal year 1998 to an Indian forest land 
assistance account established for the benefit of such tribe within 
the tribe's trust fund account: Provided further, That any such 
unobligated balances not so transferred shall expire on September 
30, 1998: Provided further. That notwithstanding any other provi-
sion of law, no funds available to the Bureau, other than the 
amounts provided herein for assistance to public schools under 
25 U.S.C. 452 et seq., shall be available to support the operation 
of any elementary or secondary school in the State of Alaska in 
fiscal year 1997: Provided further, That funds made available in 
this or any other Act for expenditure through September 30, 1998 
for schools funded by the Bureau shall be available only to the 
schools in the Bureau school system as of September 1, 1995: 
Provided further. That no funds available to the Bureau shall 
be used to support expanded grades for any school or dormitory 
beyond the grade structure in place or approved by the Secretary 
of the Interior at each school in the Bureau school system as 
25 use 2012 
of October 1, 1995: Provided further. That in fiscal year 1997 
note. 
and thereafter, 
notwithstanding the provisions of 25 U.S.C. 
2012(h)(1) (A) and (B), upon the recommendation of either (i) a 
local school board and school supervisor for an education position 
in a Bureau of Indian Affairs operated school, or (ii) an Agency 
school board and education line officer for an Agency education 
position, the Secretary shall establish adjustments to the rates 
of basic compensation or annual salary rates established under 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-194 
25 U.S.C. 2012(h)(1) (A) and (B) for education positions at the 
school or the Agency, at a level not less than that for comparable 
positions in the nearest public school district, and the adjustment 
shall be deemed to be a change to basic pay and shall not be 
subject to collective bargaining: Provided further. That any reduc-
tion to rates of basic compensation or annual salary rates below 
the rates established under 25 U.S.C. 2012(h)(1) (A) and (B) shall 
apply only to educators appointed after June 30, 1997, and shall 
not affect the right of an individual employed on June 30, 1997, 
in an education position, to receive the compensation attached 
to such position under 25 U.S.C. 2012(h)(1) (A) and (B) so long 
as the individual remains in the same position at the same school: 
Provided further, That notwithstanding 25 U.S.C. 2012(h)(1)(B), 
when the rates of basic compensation for teachers and counselors 
at Bureau-operated schools are established at the rates of basic 
compensation applicable to comparable positions in overseas schools 
under the Defense Department Overseas Teachers Pay and Person-
nel Practices Act, such rates shall become effective with the start 
of the next academic year following the issuance of the Department 
of Defense salary schedule and shsdl not be effected retroactively. 
CONSTRUCTION 
For construction, major repair, and improvement of irrigation 
and power systems, buildings, utilities, and other facilities, includ-
ing architectural and engineering services by contract; acquisition 
of lands, and interests in lands; and preparation of lands for farm-
ing, and for construction of the Navajo Indian Irrigation Project 
pursuant to Public Law 87-483, $94,531,000, to remain available 
until expended: Provided, That such amounts as may be available 
for the construction of the Navajo Indian Irrigation Project may 
be transferred to the Bureau of Reclamation: Provided 
further. 
That not to exceed 6 per centum of contract authority available 
to the Bureau of Indian Affairs from the Federal Highway Trust 
Fund may be used to cover the road program management costs 
of the Bureau: Provided further. That any funds provided for the 
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made 
available on a non-reimbursable basis: Provided further, That for 
fiscal year 1997, in implementing new construction or facilities 
improvement and repair project grants in excess of $100,000 that 
are provided to tribally controlled grant schools under Public Law 
100-297, as amended, the Secretary of the Interior shall use the 
Administrative and Audit Requirements and Cost Principles for 
Assistance Programs contained in 43 CFR part 12 as the regulatory 
requirements: Provided further. That such grants shall not be sub-
ject to section 12.61 of 43 CFR; the Secretary and the grantee 
shall negotiate and determine a schedule of payments for the work 
to be performed: Provided further. That in considering applications, 
the Secretary shall consider whether the Indian tribe or tribal 
organization would be deficient in assuring that the construction 
projects conform to applicable building standards and codes and 
Federal, tribal, or State health and safety standards as required 
by 25 U.S.C. 2005(a), with respect to organizational and financial 
management capabilities: Provided further. That if the Secretary 
declines an application, the Secretary shall follow the requirements 
contained in 25 U.S.C. 2505(f): Provided further. That any disputes 
110 STAT. 3009-195 
PUBLIC LAW 104-208—SEPT. 30, 1996 
between the Secretary and any grantee concerning a grant shall 
be subject to the disputes provision in 25 U.S.C. 2508(e). 
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS 
PAYMENTS TO INDIANS 
For miscellaneous payments to Indian tribes and individuals 
and for necessary administrative expenses, $69,241,000, to remain 
available until expended; of which $68,400,000 shall be available 
for implementation of enacted Indian land and water claim settle-
ments pursuant to PubUc Laws 101-618, 102-374, 102-575, and 
for implementation of other enacted water rights settlements, 
including not to exceed $8,000,000, which shall be for the Federal 
share of the Catawba Indian Tribe of South Carolina Claims Settle-
ment, as authorized by section 5(a) of Public Law 103-116; and 
of which $841,000 shall be available pursuant to Public Laws 98-
500, 99-264, and 100-580. 
INDIAN 
GUARANTEED 
LOAN 
PROGRAM 
ACCOUNT 
For the cost of guaranteed loans, $4,500,000, as authorized 
by the Indian Financing Act of 1974, as amended: Provided, That 
such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974: 
Provided further. That these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed, not to exceed 
$34,615,000. 
In addition, for administrative expenses to carry out the 
guaranteed loan programs, $500,000. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans, the Indian loan guarantee and insurance 
fund, the Technical Assistance of Indian Enterprises account, the 
Indian Direct Loan Program account, and the Indian Guaranteed 
Loan Program account) shall be available for expenses of exhibits, 
and purchase of not to exceed 229 passenger motor vehicles, of 
which not to exceed 187 shall be for replacement only. 
Notwithstanding any other provision of law, no funds available 
to the Bureau of Indian Affairs for central office operations or 
pooled overhead general administration shall be available for tribal 
contracts, grants, compacts, or cooperative agreements with the 
Bureau of Indian Affairs under the provisions of the Indian Self-
Determination Act or the Tribal Self-Governance Act of 1994 (Public 
Law 103-413). 
DEPARTMENTAL OFFICES 
INSULAR AFFAIRS 
ASSISTANCE TO TERRITORIES 
For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $65,188,000, of which 
(1) $61,339,000 shall be available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, and brown tree snake control and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-196 
research; grants to the judiciary in American Samoa for compensa-
tion and expenses, as authorized by law (48 U.S.C. 1661(c)); grants 
to the Government of American Samoa, in addition to current 
local revenues, for construction and support of governmental func-
tions; grants to the Government of the Virgin Islands as authorized 
by law; grants to the Government of Guam, as authorized by law; 
and grsints to the Government of the Northern Mariana Islands 
as authorized by law (Public Law 94-241; 90 Stat. 272); and (2) 
$3,849,000 shsdl be available for salaries and expenses of the Office 
of Insular Affairs: Provided, That all fingincial transactions of the 48 USC 1469b. 
territorial and local governments herein provided for, including 
such transactions of all agencies or instrumentalities established 
or utilized by such governments, may be audited by the General 
Accounting Office, at its discretion, in accordsmce with chapter 
35 of title 31, United States Code: Provided further. That Northern 
Mariana Islands Covensint grant funding shall be provided accord-
ing to those terms of the Agreement of the Special Representatives 
on Future United States Financial Assistance for the Northern 
Mariana Islands approved by Public Law 99-396, or any subsequent 
legislation related to Commonwealth of the Northern Mariana 
Islands grant funding; Provided further, 
That section 703(a) of 
Public Law 94-241, as gimended, is hereby amended by striking 48 USC 1801 
"of the Government of the Northern Mariana Islands": Provided 
^°^-
further. That of the amounts provided for technical assistance, 
sufficient funding shall be made available for a grant to the Close 
Up Foundation: Provided further. That the funds for the progrsim 
of operations and maintensince improvement are appropriated to 
institutionalize routine operations and maintenance improvement 
of capital infrastructure in American Samoa, Guam, the Virgin 
Islands, the Commonwealth of the Northern Mariana Islands, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia through assessments of long-range 
operations maintensince needs, improved capability of local oper-
ations and maintengoice institutions and agencies (including 
management and vocationgJ education training), and project-specific 
maintenance (with territorial participation and cost sharing to be 
determined by the Secretary based on the individual territory's 
commitment to timely maintenance of its capital assets): Provided 
further. That any appropriation for disaster assistance under this 
head in this Act or previous appropriations Acts may be used 
as non-Federal matching funds for the purpose of hazard mitigation 
grants provided pursuant to section 404 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c). 
COMPACT OF FREE ASSOCIATION 
For economic assistance and necessary expenses for the Fed-
erated States of Micronesia and the Republic of the Marshall Islands 
as provided for in sections 122, 221, 223, 232, and 233 of the 
Compacts of Free Association, and for economic assistsince and 
necessary expenses for the Republic of Palau as provided for in 
sections 122, 221, 223, 232, and 233 of the Compact of Free Associa-
tion, $23,538,000, to remain available until expended, as authorized 
by Public Law 99-239 and PubUc Law 99-658. 
110 STAT. 3009-197 
PUBLIC LAW 104-208—SEPT. 30, 1996 
DEPARTMENTAL MANAGEMENT 
SALARIES AND EXPENSES 
For necessary expenses for management of the Department 
of the Interior, $58,286,00,1 of which not to exceed $7,500 may 
be for official reception and representation expenses, and of which 
up to $2,000,000 shall be available for workers compensation pay-
ments and unemployment compensation payments associated with 
the orderly closure of the United States Bureau of Mines 
OFFICE OF THE SOLICITOR 
SALARIES AND EXPENSES 
For necessary 
expenses 
of the 
Office 
of the 
Solicitor, 
$35,443,000. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector General, 
$24,439,000, together with any funds or property transferred to 
the Office of Inspector General through forfeiture proceedings or 
from the Department of Justice Assets Forfeiture Fund or the 
Department of the Treasury Assets Forfeiture Fund, that represent 
an equitable share from the forfeiture of property in investigations 
in which the Office of Inspector General participated, with such 
transferred funds to remain available until expended. 
NATIONAL INDIAN GAMING COMMISSION 
SALARIES A N D EXPENSES 
For necessary expenses of the National Indian Gaming Commis-
sion, pursuant to Public Law 100-497, $1,000,000. 
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS 
FEDERAL TRUST PROGRAMS 
For operation of trust programs for Indians by direct expendi-
ture, contracts, cooperative agreements, compacts, and grants, 
$32,126,000, to remain available until expended for trust funds 
management: Provided, That funds made available to tribes and 
tribal organizations through contracts or grants obligated during 
fiscal year 1997, as authorized by the Indian Self-Determination 
Act of 1975 (25 U.S.C. 450 et seq.), shall remain available until 
expended by the contractor or grantee: Provided further, That not-
withstanding any other provision of law, the statute of limitations 
shall not commence to run on any claim, including any claim 
in litigation pending on the date of this Act, concerning losses 
to or mismanagement of trust funds, until the affected tribe or 
individual Indian has been furnished with an accounting of such 
funds from which the beneficiary can determine whether there 
' Remainder of figure missing, complete figure probably should read "$58,286,000" 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-198 
has been a loss: Provided further, That unobHgated balances pre-
viously made available (1) to liquidate obligations owed tribal and 
individual Indian payees of any checks canceled pursuant to section 
1003 of the Competitive Equality Banking Act of 1987 (PubHc 
Law 100-86; 31 U.S.C. 3334(b)), (2) to restore Individual Indian 
Monies trust funds, Indian Irrigation Systems, and Indian Power 
Systems accounts amounts invested in credit unions or defaulted 
savings and loan associations and which where not Federally 
insured, including any interest on these amounts that may have 
been earned, but was not because of the default, and (3) to 
reimburse Indian trust fund account holders for losses to their 
respective accounts where the claim for said loss has been reduced 
to a judgement or settlement agreement approved by the Depart-
ment of Justice, under the heading "Indian Land and Water Claim 
Settlements and Miscellaneous Payments to Indians", Bureau of 
Indian Affairs in fiscal years 1995 and 1996, are hereby transferred 
to and merged with this appropriation and may only be used for 
the operation of trust programs, in accordance with this appropria-
tion. 
ADMINISTRATIVE PROVISIONS 
There is hereby authorized for acquisition from available 
resources within the Working Capital Fund, 15 aircraft, 10 of which 
shall be for replacement and which may be obtained by donation, 
purchase or through available excess surplus property: Provided, 
That notwithstanding any other provision of law, existing aircraft 
being replaced may be sold, with proceeds derived or trade-in value 
used to offset the purchase price for the replacement aircraft: Pro-
vided further. That no programs funded with appropriated funds 
in "Departmental Management", "Office of the Solicitor", and "QjHice 
of Inspector General" may be augmented through the Working 
Capital Fund or the Consolidated Working Fund. 
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR 
SEC. 101. Appropriations made in this title shall be available 
for expenditure or transfer (within each bureau or office), with 
the approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other facili-
ties or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made avail-
able to the Department of the Interior for emergencies shall have 
been exhausted: Provided further. That all funds used pursuant 
to this section are hereby designated by Congress to be "emergency 
requirements" pursuant to section 251(b)(2)(D) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, and must be 
replenished by a supplemental appropriation which must be 
requested as promptly as possible. 
SEC. 102. The Secretary may authorize the expenditure or 
transfer of any no year appropriation in this title, in addition 
to the amounts included in the budget programs of the several 
agencies, for the suppression or emergency prevention of forest 
or range fires on or threatening lands under the jurisdiction of 
the Department of the Interior; for the emergency rehabilitation 
of burned-over lands under its jurisdiction; for emergency actions 
related to potential or actual earthquakes, floods, volcanoes, storms, 
110 STAT. 3009-199 
PUBLIC LAW 104-208—SEPT. 30, 1996 
or other unavoidable causes; for contingency planning subsequent 
to actual oilspills; response and natural resource damage assess-
ment activities related to actual oilspills; for the prevention, sup-
pression, and control of actual or potential grasshopper and Mormon 
cricket outbreaks on lands under the jurisdiction of the Secretary, 
pursuant to the authority in section 1773(b) of Public Law 99-
198 (99 Stat. 1658); for emergency reclamation projects under sec-
tion 410 of Public Law 95-87; and shall transfer, from any no 
year funds available to the Office of Surface Mining Reclamation 
and Enforcement, such funds as may be necessary to permit as-
sumption of regulatory authority in the event a primacy State 
is not carrying out the regulatory provisions of the Surface Mining 
Act: Provided, That appropriations made in this title for fire sup-
pression purposes shall be available for the pa)mient of obligations 
incurred during the preceding fiscal year, and for reimbursement 
to other Federal agencies for destruction of vehicles, aircraft, or 
other equipment in connection with their use for fire suppression 
purposes, such reimbursement to be credited to appropriations cur-
rently available at the time of receipt thereof: Provided 
further, 
That for emergency rehabilitation and wildfire suppression activi-
ties, no funds shall be made available under this authority until 
funds appropriated to "Wildland Fire Management" shall have been 
exhausted: Provided further. That all funds used pursuant to this 
section are hereby designated by Congress to be "emergency require-
ments" pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, and must be replenished 
by a supplemental appropriation which must be requested as 
promptly as possible: Provided further. That such replenishment 
funds shall be used to reimburse, on a pro rata basis, accounts 
from which emergency funds were transferred. 
SEC. 103. Appropriations made in this title shall be available 
for operation of warehouses, garages, shops, and similar facilities, 
wherever consolidation of activities will contribute to efficiency or 
economy, and said appropriations shall be reimbursed for services 
rendered to any other activity in the same manner as authorized 
by sections 1535 and 1536 of title 31, United States Code: Provided, 
That reimbursements for costs and supplies, materials, equipment, 
and for services rendered may be credited to the appropriation 
current at the time such reimbursements are received. 
SEC. 104. Appropriations made to the Department of the 
Interior in this title shall be available for services as authorized 
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount 
not to exceed $500,000; hire, maintenance, and operation of aircraft; 
hire of passenger motor vehicles; purchase of reprints; payment 
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and the payment 
of dues, when authorized by the Secretary, for library membership 
in societies or associations which issue publications to members 
only or at a price to members lower than to subscribers who 
are not members. 
SEC. 105. Appropriations available to the Department of the 
Interior for salaries and expenses shall be available for uniforms 
or allowances therefor, as authorized by law (5 U.S.C. 5901-5902 
and D.C. Code 4-204). 
SEC. 106. Appropriations made in this title shall be available 
for obligation in connection with contracts issued for services or 
PUBLIC LAW 104-20&—SEPT. 30, 1996 
110 STAT. 3009-200 
rentals for periods not in excess of twelve months beginning at 
£iny time during the fiscal year. 
SEC. 107. Prior to the transfer of Presidio properties to the 
Presidio Trust, when authorized, the Secretary may not obligate 
in any calendsir month more than Vvi of the fiscal year 1997 
appropriation for operation of the Presidio: Provided, That prior 
to the transfer of any Presidio property to the Presidio Trust, 
the Secretary shgdl transfer such funds as the Trust deems nec-
essary to initiate leasing and other authorized activities of the 
Trust: Provided further, ITiat this section shall expire on December 
31, 1996. 
SEC. 108. No final rule or regulation of any agency of the 
Federal Grovemment pertaining to the recognition, management, 
or validity of a right-of-way pursuant to Revised Statute 2477 
(43 U.S.C. 932) shall take effect unless expressly authorized by 
an Act of Congress subsequent to the date of enactment of this 
Act. 
SEC. 109. No funds provided in this title may be expended 
by the Department of the Interior for the conduct of offshore leasing 
and related activities placed under restriction in the President's 
moratorium statement of June 26, 1990, in the areas of Northern, 
Central, and Southern California; the North Atlantic; Washington 
and Oregon; and the Eastern Gulf of Mexico south of 26 degrees 
north latitude and east of 86 degrees west longitude. 
SEC. 110. No funds provided in this title may be expended 
by the Department of the Interior for the conduct of leasing, or 
the approval or permitting of any drilling or other exploration 
activity, on leinds within the North Aleutism Basin planning area. 
SEC. 111. No funds provided in this title may be expended 
by the Department of the Interior for the conduct of preleasing 
and leasing activities in the Eastern Gulf of Mexico for Outer 
Continental Shelf Lease Sale 151 in the Outer Continental Shelf 
Natural Gas and Oil Resource Management Comprehensive Pro-
gram, 1992-1997. 
SEC. 112. No funds provided in this title may be expended 
by the Department of the Interior for the conduct of preleasing 
and leasing activities in the Atlsintic for Outer Continental Shelf 
Lease Sale 164 in the Outer Continental Shelf Natural Gas and 
Oil Resource Management Comprehensive Program, 1992-1997. 
SEC. 113. There is hereby established in the Treasury a fran- 
31USC 501 note, 
chise fund pilot, as authorized by section 403 of Public Law 103-
356, to be available as provided in such section for costs of capitaliz-
ing and operating administrative services as the Secretary deter-
mines may be performed more advantageously as central services: 
Provided, 
That any inventories, equipment, and other assets 
pertaining to the services to be provided by such fund, either 
on hand or on order, less the related liabilities or unpaid obligations, 
and any appropriations made prior to the current year for the 
purpose of providing capital shall be used to capitalize such fund: 
Provided further. That such fund shall be paid in advEince from 
funds available to the Department and other Federsd agencies for 
which such centralized services are performed, at rates which will 
return in full all expenses of operation, including accrued leave, 
depreciation of fund plant Eind equipment, amortization of automatic 
data processing (ADP) software and systems (either acquired or 
donated) and an amount necessary to maintain a reasonable operat-
ing reserve, as determined by the Secretary: Provided further. That 
110 STAT. 3009-201 
PUBLIC LAW 104-208—SEPT. 30, 1996 
such fund shall provide services on a competitive basis: Provided 
further. That an amount not to exceed four percent of the total 
annual income to such fund may be retained in the fund for fiscal 
year 1997 and each fiscal year thereafter, to remain available 
until expended, to be used for the acquisition of capital equipment, 
and for the improvement and implementation of Department finan-
cial management, ADP, and other support systems: Provided fur-
ther. That no later than thirty days after the end of each fiscal 
year amounts in excess of this reserve limitation shall be transferred 
to the Treasury: Provided further. That such franchise fund pilot 
shall terminate pursuant to section 403(f) of Public Law 103-356. 
SEC. 114. Public Law 102-495 is amended by adding the follow-
ing new section: 
"SEC. 10. WASHINGTON STATE REMOVAL OPTION. 
"(a) Upon appropriation of $29,500,000 for the Federal govern-
ment to acquire the projects in the State of Washington pursuant 
to this Act, the State of Washington may, upon the submission 
to Congress of a binding agreement to remove the projects within 
a reasonable period of time, purchase the projects from the Federal 
government for $2. Such a binding agreement shall provide for 
the full restoration of the Elwha River ecosystem and native anad-
romous fisheries, for protection of the existing quality and availabil-
ity of water from the Elwha River for municipal and industrial 
uses from possible adverse impacts of dam removal, and for fulfill-
ment by the State of each of the other obligations of the Secretary 
under this Act. 
"(b) Upon receipt of the payment pursuant to subsection (a), 
the Federal government shall relinquish ownership and title of 
the projects to the State of Washington. 
"(c) Upon the purchase of the projects by the State of Washing-
ton, section 3(a), (c), and (d), and Sections 4, 7, and 9 of this 
Act are hereby repealed, and the remaining sections renumbered 
accordingly.". 
SEC. 115. Section 7 of Public Law 99-647 (16 U.S.C. 461 note) 
is amended to read as follows: 
"SEC. 7. TERMINATION OF COMMISSION. 
"The Commission shall terminate on November 10, 1997.". 
SEC. 116. The Congress of the United States hereby designates 
and ratifies the assignment to the University of Utah as successor 
to, and beneficiary of, all the existing assets, revenues, funds and 
rights granted to the State of Utah under the Miners Hospital 
Grant (February 20, 1929, 45 Stat. 1252) and the School of Mines 
Grant (July 26, 1894, 28 Stat. 110). Further, the Secretary of 
the Interior is authorized and directed to accept such relinquish-
ment of all remaining and unconveyed entitlement for quantity 
grants owed the State of Utah for the Miners Hospital Grant 
(February 20, 1929, 45 Stat. 1252) and any unconveyed entitlement 
that may remain for the University of Utah School of Mines Grant 
(July 26, 1894, 28 Stat. 110). 
SEC. 117. Section 402(b)(1) of The Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 458bb) is amended to 
read as follows: "(1) In addition to those Indian tribes participating 
in self-governance under subsection (a) of this section, the Secretary, 
acting through the Director of the Office of Self-Governance, may 
select up to 50 new tribes per year from the applicant pool described 
in subsection (c) of this section to participate in self-governance.". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-202 
SEC. 118. In fiscal year 1997 and thereafter, the Indian Arts 25USC305a-l. 
and Crafts Board may charge admission fees at its museums; charge 
rent and/or franchise fees for shops located in its museums; publish 
and sell publications; sell or rent or license use of photographs 
or other images in hard copy or other forms; license the use of 
designs, in whole or in part, by others; charge for consulting services 
provided to others; and may accept the services of volunteers to 
carry out its mission: Provided, That all revenue derived from 
such activities is covered into the special fund established by section 
4 of Public Law 74-355 (25 U.S.C. 305c). 
SEC. 119. TRANSFER OF CERTAIN BUREAU OF LAND MANAGE-
MENT FACILITIES.— 
(a) BATTLE MOUNTAIN, NEVADA.—Not later than 30 days 
after the date of enactment of this Act, the Secretary of the 
Interior, acting through the Director of the Bureau of Land 
Management, shall transfer to Lander County, Nevada, without 
consideration, title to the former Bureau of Land Management 
administrative site and associated buildings in Battle Moun-
tain, Nevada. 
(b) WINNEMUCCA, NEVADA.— 
(1) TRANSFER.—^Not later than 30 days after the date 
of enactment of this Act, the Secretary of the Interior, 
acting through the Director of the Bureau of Land Manage-
ment, shall transfer to the State of Nevada, without consid-
eration, title to the surplus Bureau of Land Management 
District Office building in Winnemucca, Nevada. 
(2) USE.—^The transfer under paragraph (1) is made 
with the intent that the building shall be available to 
meet the needs of the Department of Conservation and 
Natural Resources of the State of Nevada. 
S E C 120. ALASKA AVIATION HERITAGE.— 
(a) FINDINGS.—The Congress finds that— 
(1) the Department of the Interior's Grumman Goose 
G21-A aircraft number N789 is to be retired from several 
decades of active service in the State of Alaska in 1996; 
and 
(2) the aircraft is of significant historic value to the 
people of the State of Alaska. 
(b) DONATION OF AIRCRAFT.—The Secretary of the Interior 
shall transfer the Grumman Goose G21-A aircraft number 
N789 to the Alaska Aviation Heritage Museum in Anchorage, 
Alaska, at no cost to the museum, for permanent display. 
SEC. 121. The Mesquite Lands Act of 1988 is amended by 
adding the following at the end of section 3: 
"(d) FOURTH AREA.—(1) No later than ten years after the date 
of enactment of this Act, the City of Mesquite shall notify the 
Secretary as to which if any of the public lands identified in para-
graph (2) of this subsection the city wishes to purchase. 
"(2) For a period of twelve years after the date of enactment 
of this Act, the city shall have exclusive right to purchase the 
following parcels of public lands: 
"Parcel A—East V
2 Sec. 6, T. 13 S., R. 71 E., Mount 
Diablo Meridian; Sec. 5, T. 13 S., R. 71 E., Mount Diablo 
Meridian; West V2 Sec. 4, T. 13 S., R. 71 E, Mount Diablo 
Meridian; East V2, West V2 Sec. 4, T. 13 S., R. 71 E., Mount 
Diablo Meridian. 
110 STAT. 3009-203 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"Parcel B—North Vi Sec. 7, T. 13 S., R. 71 E., Mount 
Diablo Meridian; South East ^4 Sec. 12, T. 13 S., R. 70 E., 
Mount Diablo Meridian; East Vi, North East VA Sec. 12, T. 
13 S., R. 70 E., Mount Diablo Meridian; East Viz, West Va 
North East V
4 Sec. 12, T. 13 S., R. 70 E., Mount Diablo Merid-
ian. 
"Parcel C—West VT. Sec. 6, T. 13 S., R. 71 E., Mount 
Diablo Meridian; Sec. 1, T. 13 S., R. 70 E., Mount Diablo 
Meridian; West ^2, West Viz, North East VA, Sec. 12, T. 13 
S., R. 70 E., Mount Diablo Meridian; North West VA Sec. 13, 
S., R. 70 E., Mount Diablo Meridian; West Va Sec. 12, T. 
13 S., R. 70 E., Mount Diablo Meridian; East V2, South East 
V4, Sec. 11, T. 13 S., R. 70 E., Mount Diablo Meridian; East 
V
2 North East VA, Sec. 14, T. 13 S., R. 70 E., Mount Diablo 
Meridian. 
"Parcel D—South Va Sec. 14, T. 13 S., R. 70 E., Mount 
Diablo Meridian; South West V4, Sec. 13, T. 13 S., R. 70 E., 
Mount Diablo Meridian; Portion of section 23, North of Inter-
state 15, T. 13 S., R. 70 E., Mount Diablo Meridian; Portion 
of section 24, North of Interstate 15, T. 13 S., R. 70 E., Mount 
Diablo Meridigin; Portion of section 26, North of Interstate 
15, T. 13 S., R. 70 E., Mount Diablo Meridian." 
Father A
u
U Site 
SEC. 122. Father AuU Site Transfer. 
Transfer Act of 
(a) This section may be cited as the "Father AuU Site Transfer 
^^^- 
Act of 1996". 
(b) FINDINGS.—Congress finds that— 
(1) the buildings and grounds developed by Father Roger 
AuU located on public domain land near Silver City, New Mex-
ico, are historically significant to the citizens of the community; 
(2) vandalism at the site has become increasingly destruc-
tive and frequent in recent years; 
(3) because of the isolated location and the distance from 
other significant resources and agency facilities, the Bureau 
of Land Management has been unable to devote sufficient 
resources to restore and protect the site from further damage; 
and 
(4) St. Vincent DePaul Parish in Silver City, New Mexico, 
has indicated an interest in, and developed a sound proposal 
for the restoration of, the site, such that the site could be 
permanently occupied and used by the community. 
(c) CONVEYANCE OF PROPERTY.—Subject to valid existing rights, 
all right, title and interest of the United States in and to the 
land (including improvements on the land), consisting of approxi-
mately 43.06 acres, located approximately 10 miles east of Silver 
City, New Mexico, sind described as follows: T. 17 S., R. 12 W., 
Section 30: Lot 13, and Section 31: Lot 27 (as generally depicted 
on the map dated July 1995) is hereby conveyed by operation 
of law to St. Vincent DePaul Parish in Silver City, New Mexico, 
without consideration. 
(d) RELEASE.—^Upon the conveyance of any land or interest 
in land identified in this section of St. Vincent DePaul Parish, 
St. Vincent DePaul Parish shall assume any liability for any claim 
relating to the land or interest in the land arising after the date 
of the conveyance. 
(e) MAP.—The map referred to in this section shall be on 
file and available for public inspection in— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-204 
(1) the State of New Mexico Office of the Bureau of Land 
Management, Santa Fe, New Mexico; and 
(2) the Las Cruces District Office of the Bureau of Land 
Management, Las Cruces, New Mexico. 
SEC. 123. The second proviso under the heading "Bureau of 
Mines, Administrative Provisions" of PubHc Law 104-134 is amend-
ed by inserting after the word "authorized" the word "hereafter". 
SEC. 124. Watershed Restoration and Enhancement Agree- 16USC1011. 
ments. 
(a) IN GENERAL.—For fiscal year 1997 and each fiscal year 
thereafter, appropriations made for the Bureau of Land Manage-
ment may be used by the Secretary of the Interior for the purpose 
of entering into cooperative agreements with willing private land-
owners for restoration and enhancement of fish, wildlife, and other 
biotic resources on public or private land or both that benefit 
these resources on public lands within the watershed. 
(b) DIRECT AND INDIRECT WATERSHED AGREEMENTS.—The Sec-
retary of the Interior may enter into a watershed restoration and 
enhancement agreement— 
(1) directly with a willing private landowner; or 
(2) indirectly through an agreement with a state, local, 
or tribal government or other public entity, educational institu-
tion, or private nonprofit organization. 
(c) TERMS AND CONDITIONS.—In order for the Secretary to enter 
into a watershed restoration and enhancement agreement— 
(1) the agreement shall— 
(A) include such terms and conditions mutually agreed 
to by the Secretary and the landowner; 
(B) improve the viability of and otherwise benefit the 
fish, wildlife, and other biotic resources on public land 
in the watershed; 
(C) authorize the provision of technical assistance by 
the Secretary in the planning of management activities 
that will further the purposes of the agreement; 
(D) provide for the sharing of costs of implementing 
the agreement among the Federal government, the land-
owner, and other entities, as mutually agreed on by the 
affected interests; and 
(E) ensure that any expenditure by the Secretary 
pursuant to the agreement is determined by the Secretary 
to be in the public interest; and 
(2) the Secretary may require such other terms and condi-
tions as are necessary to protect the public investment on 
private lands, provided such terms and conditions are mutually 
agreed to by the Secretary and the landowner. 
SEC. 125. Visitor Center Designation at Channel Islands 
l6USC4i0ff 
National Park. 
note. 
(a) The visitor center at Channel Islands National Park, Califor-
nia, is hereby designated as the "Robert J. Lagomarsino Visitor 
Center". 
(b) Any reference in law, regulation, paper, record, map, or 
any other document in the United States to the visitor center 
referred to in subsection (a) shall be deemed to be a reference 
to the "Robert J. Lagomarsino Visitor Center". 
110 STAT. 3009-205 
PUBLIC LAW 104-208—SEPT. 30, 1996 
TITLE II—RELATED AGENCIES 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
FOREST AND RANGELAND RESEARCH 
For necessary expenses of forest and rangeland research as 
authorized by law, $179,786,000, to remain available 
until 
expended. 
STATE AND PRIVATE FORESTRY 
For necessary expenses of cooperating with, and providing tech-
nical and financial assistance to States, Territories, possessions, 
and others and for forest pest management activities, cooperative 
forestry 
and 
education 
and 
land 
conservation 
activities, 
$155,461,000 to remain available until expended, as authorized 
by law: Provided, That of funds available under this heading for 
Pacific Northwest Assistance in this or prior appropriations Acts. 
$750,000 shall be provided to the World Forestry Center for pur-
poses of continuing scientific research and other authorized efforts 
regarding the land exchange efforts in the Umpqua River Basin 
region. 
NATIONAL FOREST SYSTEM 
For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utiliza-
tion of the National Forest System, for ecosystem planning, inven-
tory, and monitoring, and for administrative expenses associated 
with the management of funds provided under the heads "Forest 
and Rangeland Research," "State and Private Forestry," "National 
Forest System," "Wildland Fire Management," "Reconstruction and 
Construction," and "Land Acquisition," $1,274,781,000 to remain 
available until expended, and including 50 per centum of all monies 
received during the prior fiscal year as fees collected under the 
Land and Water Conservation Fund Act of 1965, as amended, 
in accordance with section 4 of the Act (16 U.S.C. 4601-6a(i)): 
Provided, That up to $5,000,000 of the funds provided herein for 
road maintenance shall be available for the planned obliteration 
of roads which are no longer needed. 
WILDLAND FIRE MANAGEMENT 
For necessary expenses for forest fire presuppression activities 
on National Forest System lands, for emergency fire suppression 
on or adjacent to such lands or other lands under fire protection 
agreement, and for emergency rehabilitation of burned over 
National Forest System lands, $530,016,000, to remain available 
until expended: Provided, That unexpended balances of amounts 
previously appropriated under any other headings for Forest Service 
fire activities are transferred to and merged with this appropriation 
and subject to the same terms and conditions: Provided 
further, 
That such funds are available for repajnnent of advances from 
other appropriations accounts previously transferred for such pur-
poses. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-206 
RECONSTRUCTION AND CONSTRUCTION 
For necessary expenses of the Forest Service, not otherwise 
provided for, $174,974,000, to remain available until expended for 
construction, reconstruction and acquisition of buildings and other 
facilities, and for construction, reconstruction and repair of forest 
roads and trails by the Forest Service as authorized by 16 U.S.C. 
532-538 and 23 U.S.C. 101 and 205: Provided, That not to exceed 
$50,000,000, to remain available until expended, may be obligated 
for the construction of forest roads by timber purchasers: Provided 
further, That funds appropriated under this head for the construc-
tion of the Wayne National Forest Supervisor's Office may be 
granted to the Ohio State Highway Patrol as the federal share 
of the cost of construction of a new facility to be occupied jointly 
by the Forest Service and the Ohio State Highway Patrol: Provided 
further. That an agreed upon lease of space in the new facility 
shall be provided to the Forest Service without charge for the 
life of the building. 
LAND ACQUISITION 
For expenses necessary to carry out the provisions of the Land 
and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 
4601-4-11), including administrative expenses, and for acquisition 
of land or waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $40,575,000, to be derived 
from the Land and Water Conservation Fund, to remain available 
until expended. 
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS 
For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe 
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, 
and Cleveland National Forests, California, as authorized by law, 
$1,069,000, to be derived from forest receipts. 
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES 
For acquisition of lands, such sums, to be derived from funds 
deposited by State, county, or municipal governments, public school 
districts, or other public school authorities pursuant to the Act 
of December 4, 1967, as amended (16 U.S.C. 484a), to remain 
available until expended. 
RANGE BETTERMENT FUND 
For necessary expenses of range rehabilitation, protection, and 
improvement, 50 per centum of all moneys received during the 
prior fiscal year, as fees for grazing domestic livestock on lands 
in National Forests in the sixteen Western States, pursuant to 
section 401(b)(1) of Public Law 94-579, as amended, to remain 
available until expended, of which not to exceed 6 per centum 
shall be available for administrative expenses associated with on-
the-ground range rehabilitation, protection, and improvements. 
110 STAT. 3009-207 
PUBLIC LAW 104-208—SEPT. 30, 1996 
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND 
RESEARCH 
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to 
remain available until expended, to be derived from the fund estab-
lished pursuant to the above Act. 
ADMINISTRATIVE PROVISIONS, FOREST SERVICE 
Appropriations to the Forest Service for the current fiscal year 
shall be available for: (a) purchase of not to exceed 159 passenger 
motor vehicles of which 14 will be used primarily for law enforce-
ment purposes and of which 149 shall be for replacement; acquisi-
tion of 10 passenger motor vehicles from excess sources, and hire 
of such vehicles; operation and maintenance of aircraft, the purchase 
of not to exceed two for replacement only, and acquisition of 20 
aircraft from excess sources; notwithstanding other provisions of 
law, existing aircraft being replaced may be sold, with proceeds 
derived or trade-in value used to offset the purchase price for 
the replacement aircraft; (b) services pursuant to 7 U.S.C. 2225, 
and not to exceed $100,000 for employment under 5 U.S.C. 3109; 
(c) purchase, erection, and alteration of buildings and other public 
improvements (7 U.S.C. 2250); (d) acquisition of land, waters, and 
interests therein, pursuant to 7 U.S.C. 428a; (e) for expenses pursu-
ant to the Volunteers in the National Forest Act of 1972 (16 U.S.C 
558a, 558d, 558a note); and (f) for debt collection contracts in 
accordance with 31 U.S.C. 3718(c). 
None of the funds made available under this Act shall be 
obligated or expended to change the boundaries of any region, 
to abolish any region, to move or close any regional office for 
research. State and private forestry, or National Forest System 
administration of the Forest Service, Department of Agriculture, 
or to implement any reorganization, "reinvention" or other type 
of organizational restructuring of the Forest Service, other than 
the relocation of the Regional Office for Region 5 of the Forest 
Service from San Francisco to excess military property at Mare 
Island, Vallejo, California, without the consent of the House and 
Senate Committees on Appropriations. 
Any funds available to the Forest Service may be used for 
retrofitting Mare Island facilities to accommodate the relocation: 
Provided, That funds for the move must come from funds otherwise 
available to Region 5: Provided further. That any funds to be 
provided for such purposes shall only be available upon approval 
of the House and Senate Committees on Appropriations. 
Any appropriations or funds available to the Forest Service 
may be advanced to the Wildland Fire Management appropriation 
and may be used for forest firefighting and the emergency 
rehabilitation of burned-over lands under its jurisdiction. 
Funds appropriated to the Forest Service shall be available 
for assistance to or through the Agency for International Develop-
ment and the Foreign Agricultural Service in connection with forest 
and rangeland research, technical information, and assistance in 
foreign countries, and shall be available to support forestry and 
related natural resource activities outside the United States and 
its territories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States and inter-
national organizations. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-208 
None of the funds made available to the Forest Service under 
this Act shall be subject to transfer under the provisions of section 
702(b) of the Department of Agriculture Organic Act of 1944 (7 
U.S.C. 2257) or 7 U.S.C. 147b unless the proposed transfer is 
approved in advance by the House and Senate Committees on 
Appropriations in compliance with the reprogramming procedures 
contained in House Report 103-551. 
None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and 
Senate Committees on Appropriations in accordance with the proce-
dures contained in House Report 103-551. 
No funds appropriated to the Forest Service shall be transferred 
to the Working Capital Fund of the Department of Agriculture 
without the approval of the Chief of the Forest Service. 
Notwithstanding any other provision of the law, any appropria-
tions or funds available to the Forest Service may be used to 
disseminate program information to private and public individuals 
and organizations through the use of nonmonetary items of nominal 
value and to provide nonmonetary awards of nominal value and 
to incur necessary expenses for the nonmonetary recognition of 
private individuals and organizations that make contributions to 
Forest Service programs. 
Notwithstanding any other provision of law, money collected, 
in advance or otherwise, by the Forest Service under authority 
of section 101 of Public Law 93-153 (30 U.S.C. 185(1)) as reimburse-
ment of administrative and other costs incurred in processing pipe-
line right-of-way or permit applications and for costs incurred in 
monitoring the construction, operation, maintenance, and termi-
nation of any pipeline and related facilities, may be used to 
reimburse the applicable appropriation to which such costs were 
originally charged. 
Funds available to the Forest Service shall be available to 
conduct a program of not less than $1,000,000 for high priority 
projects within the scope of the approved budget which shall be 
carried out by the Youth Conservation Corps as authorized by 
the Act of August 13, 1970, as amended by Public Law 93-408. 
None of the funds available in this Act shall be used for 
timber sale preparation using clearcutting in hardwood stands in 
excess of 25 percent of the fiscal year 1989 harvested volume 
in the Wayne National Forest, Ohio: Provided, That this limitation 
shall not apply to hardwood stands damaged by natural disaster: 
Provided further, That landscape architects shall be used to main-
tain a visually pleasing forest. 
Any money collected from the States for fire suppression assist-
ance rendered by the Forest Service on non-Federal lands not 
in the vicinity of National Forest System lands shall be used to 
reimburse the applicable appropriation and shall remain available 
until expended as the Secretary may direct in conducting activities 
authorized by 16 U.S.C. 2101 (note), 2101-2110, 1606, and 2111. 
Of the funds available to the Forest Service, $1,500 is available 
to the Chief of the Forest Service for official reception and represen-
tation expenses. 
Notwithstanding any other provision of law, the Forest Service 
is authorized to employ or otherwise contract with persons at regu-
lar rates of pay, as determined by the Service, to perform work 
occasioned by emergencies such as fires, storms, floods, earthquakes 
110 STAT. 3009-209 
PUBLIC LAW 104-208—SEPT. 30, 1996 
or any other unavoidable cause without regard to Sundays, Federal 
holidays, and the regular workweek. 
To the greatest extent possible, and in accordance with the 
Final Amendment to the Shawnee National Forest Plan, none of 
the funds available in this Act shall be used for preparation of 
timber sales using clearcutting or other forms of even aged manage-
ment in hardwood stands in the Shawnee National Forest, Illinois. 
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, funds up to $1,000,000 for matching funds shall be available 
for the National Forest Foundation on a one-for-one basis to match 
private contributions for projects on or benefitting National Forest 
System lands or related to Forest Service programs. 
Pursuant to section 2(b)(2) of Public Law 98-244, up to 
$1,000,000 of the funds available to the Forest Service shall be 
available for matching funds, as authorized in 16 U.S.C. 3701-
3709, on a one-for-one basis to match private contributions for 
projects on or benefitting National Forest System lands or related 
to Forest Service programs. 
Funds appropriated to the Forest Service shall be available 
for interactions with and providing technical assistance to rural 
communities for sustainable rural development purposes. 
Notwithstanding any other provision of law, 80 percent of the 
funds appropriated to the Forest Service in the National Forest 
System and Construction accounts and planned to be allocated 
to activities under the "Jobs in the Woods" program for projects 
on National Forest land in the State of Washington may be granted 
directly to the Washington State Department of Fish and Wildlife 
for accomplishment of planned projects. Twenty percent of said 
funds shall be retained by the Forest Service for planning and 
administering projects. Project selection and prioritization shall be 
accomplished by the Forest Service with such consultation with 
the State of Washington as the Forest Service deems appropriate. 
Funds appropriated to the Forest Service shall be available 
for payments to counties within the Columbia River Gorge National 
Scenic Area, pursuant to sections 14(c)(1) and (2), and section 
16(a)(2) of Public Law 99-663. 
The Secretary of Agriculture shall by March 31, 1997 report 
to the Committees on Appropriations of the House of Representa-
tives and the Senate on the status and disposition of all salvage 
timber sales started under the authority of Section 2001 of Public 
Law 104-19 and subsequently withdrawn or delayed and completed 
under different authorities as a consequence of the July 2, 1996 
directive on the implementation of Section 2001 issued by the 
Secretary. 
The Pacific Northwest Research Station Silviculture Laboratory 
in Bend, Oregon is hereby named the "Robert W. Chandler Build-
ing". 
For purposes of the Southeast Alaska Economic Disaster Fund 
as set forth in section 101(c) of Public Law 104-134, the direct 
grants provided in subsection (c) shall be considered direct payments 
for purposes of all applicable law except that these direct grants 
may not be used for lobbying activities. 
No employee of the Department of Agriculture may be detailed 
or assigned from an agency or office funded by this Act to any 
other agency or office of the Department for more than 30 days 
unless the individual's 
employing agency or office 
is 
fully 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-210 
reimbursed by the receiving agency or office for the salary and 
expenses of the employee for the period of assignment. 
DEPARTMENT OF ENERGY 
CLEAN COAL TECHNOLOGY 
(RESCISSION) 
Of the funds made available under this heading for obligation 
in fiscal year 1997 or prior years, $123,000,000 are rescinded: 
Provided, That funds made available in previous appropriations 
Acts shall be available for any ongoing project regardless of the 
separate request for proposal under which the project was selected. 
FOSSIL ENERGY RESEARCH AND DEVELOPMENT 
For necessary expenses in carrying out fossil energy research 
and development activities, under the authority of the Department 
of Energy Organization Act (Public Law 95-91), including the 
acquisition of interest, including defeasible and equitable interests 
in any real property or any facility or for plant or facility acquisition 
or expansion, and for conducting inquiries, technological investiga-
tions and research concerning the extraction, processing, use, and 
disposal of mineral substances without objectionable social and 
environmental costs (30 U.S.C. 3, 1602, and 1603), performed under 
the minerals and materials science programs at the Albany 
Research Center in Oregon, $364,704,000, to remain available until 
expended: Provided, That no part of the sum herein made available 
shall be used for the field testing of nuclear explosives in the 
recovery of oil and gas. 
ALTERNATIVE FUELS PRODUCTION 
(INCLUDING TRANSFER AND RESCISSION OF FUNDS) 
Monies received as investment income on the principal amount 
in the Great Plains Project Trust at the Norwest Bank of North 
Dakota, in such sums as are earned as of October 1, 1996, shall 
be deposited in this account and immediately transferred to the 
Greneral Fund of the Treasury. Monies received as revenue sharing 
from the operation of the Great Plains Gasification Plant shall 
be immediately transferred to the General Fund of the Treasury. 
Funds are hereby rescinded in the amount of $2,500,000 from 
unobligated balances under this head. 
NAVAL 
PETROLEUM 
AND 
OIL 
SHALE 
RESERVES 
For necessary expenses in carrying out naval petroleum and 
oil shale reserve activities, $143,786,000, to remain available until 
expended: 
Provided, 
That 
the 
requirements 
of 
10 
U.S.C. 10USC7430 
7430(b)(2)(B) shall not apply to fiscal year 1997. 
note. 
ENERGY CONSERVATION 
For necessary expenses in carrying out energy conservation 
activities, $569,762,000, to remain available until expended, includ-
ing, notwithstanding any other provision of law, the excess amount 
for fiscal year 1997 determined under the provisions of section 
110 STAT. 3009-211 
PUBLIC LAW 104-208—SEPT. 30, 1996 
3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided, That 
$149,845,000 shall be for use in energy conservation programs 
as defined in section 3008(3) of Public Law 99-509 (15 U.S.C. 
4507) and shall not be available until excess amounts are deter-
mined under the provisions of section 3003(d) of Public Law 99-
509 (15 U.S.C. 4502): Provided further, That notwithstanding sec-
tion 3003(d)(2) of Public Law 99-509 such sums shall be allocated 
to the eligible programs as follows:$ 120,845,000 for weatherization 
assistance grants and $29,000,000 for State energy conservation 
grants. 
ECONOMIC REGULATION 
For necessary expenses in carrying out the activities of the 
Office of Hearing and Appeals, $2,725,000, to remain available 
until expended. 
STRATEGIC PETROLEUM RESERVE 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities 
pursuant to the Energy Policy and Conservation Act of 1975, as 
amended (42 U.S.C. 6201 et seq.), $220,000,000, to remain available 
until expended, of which $220,000,000 shall be repaid from the 
"SPR Operating Fund" from amounts made available from the 
sale of oil from the Reserve: Provided, That notwithstanding section 
161 of the Energy Policy and Conservation Act, the Secretary shall 
draw down and sell in fiscal year 1997 $220,000,000 worth of 
oil from the Strategic Petroleum Reserve: Provided further, That 
the proceeds from the sale shall be deposited into a special account 
in the Treasury, to be established and known as the "SPR Operating 
Fund", and shall, upon receipt, be transferred to the Strategic 
Petroleum Reserve account for operations of the Strategic Petroleum 
Reserve. 
SPR PETROLEUM ACCOUNT 
Notwithstanding 42 U.S.C. 6240(d) the United States share 
of crude oil in Naval Petroleum Reserve Numbered 1 (Elk Hills) 
may be sold or otherwise disposed of to other than the Strategic 
Petroleum Reserve: Provided, That outlays in fiscal year 1997 
resulting from the use of funds in this account shall not exceed 
$5,000,000. 
ENERGY INFORMATION ADMINISTRATION 
For necessary expenses in carrying out the activities of the 
Energy Information Administration, $66,120,000 to remain avail-
able until expended. 
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY 
Appropriations under this Act for the current fiscal year shall 
be available for hire of passenger motor vehicles; hire, maintenance, 
and operation of aircraft; purchase, repair, and cleaning of uniforms; 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-212 
and reimbursement to the Greneral Services Administration for secu-
rity guard services. 
From appropriations under this Act, transfers of sums may 
be made to other agencies of the Government for the performance 
of work for which the appropriation is made. 
None of the funds made available to the Department of Energy 
under this Act shall be used to implement or finance authorized 
price support or loan guarantee programs unless specific provision 
is made for such programs in an appropriations Act. 
The Secretary is authorized to accept lands, buildings, equip-
ment, and other contributions from public and private sources and 
to prosecute projects in cooperation with other agencies. Federal, 
State, private or foreign: Provided, That revenues and other moneys 
received by or for the account of the Department of Energy or 
otherwise generated by sale of products in connection with projects 
of the Department appropriated under this Act may be retained 
by the Secretary of Energy, to be available until expended, and 
used only for plant construction, operation, costs, and payments 
to cost-sharing entities as provided in appropriate cost-sharing con-
tracts or agreements: Provided further. That the remainder of reve-
nues after the making of such payments shall be covered into 
the Treasury as miscellaneous receipts: Provided further. That any 
contract, agreement, or provision thereof entered into by the Sec-
retary pursuant to this authority shall not be executed prior to 
the expiration of 30 calendar days (not including any day in which 
either House of Congress is not in session because of adjournment 
of more than three calendar days to a day certain) from the receipt 
by the Speaker of the House of Representatives and the President 
of the Senate of a full comprehensive report on such project, includ-
ing the facts and circumstances relied upon in support of the 
proposed project. 
No funds provided in this Act may be expended by the Depart-
ment of Energy to prepare, issue, or process procurement documents 
for programs or projects for which appropriations have not been 
made. 
In addition to other authorities set forth in this Act, the Sec-
retary may accept fees and contributions from public and private 
sources, to be deposited in a contributed funds account, and pros-
ecute projects using such fees and contributions in cooperation 
with other Federal, State or private agencies or concerns. 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
INDIAN HEALTH SERVICE 
INDIAN HEALTH SERVICES 
For expenses necessary to carry out the Act of August 5, 1954 
(68 Stat. 674), the Indian Self-Determination Act, the Indian Health 
Care Improvement Act, and titles II and III of the Public Health 
Service 
Act 
with 
respect 
to 
the 
Indian 
Health 
Service, 
$1,806,269,000, together with payments received during the fiscal 
year pursuant to 42 U.S.C. 238(b) for services furnished by the 
Indian Health Service: Provided, That funds made available to 
tribes and tribal organizations through contracts, grant agreements, 
or any other agreements or compacts authorized by the Indian 
Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 
110 STAT. 3009-213 
PUBLIC LAW 104-208—SEPT. 30, 1996 
450), shall be deemed to be obligated at the time of the grant 
or contract award and thereafter shall remain available to the 
tribe or tribal organization without fiscal year limitation: Provided 
further, That $12,000,000 shall remain available until expended, 
for the Indian Catastrophic Health Emergency Fund: Provided fur-
ther, That $356,325,000 for contract medical care shall remain 
available for obligation until September 30, 1998: Provided 
further, 
That of the funds provided, not less than $11,706,000 shall be 
used to carry out the loan repayment program under section 108 
of the Indian Health Care Improvement Act: Provided 
further. 
That funds provided in this Act may be used for one-year contracts 
and grants which are to be performed in two fiscal years, so long 
as the total obligation is recorded in the year for which the funds 
are appropriated: Provided further. That the amounts collected by 
the Secretary of Health and Human Services under the authority 
of title rV of the Indian Health Care Improvement Act shall remain 
available until expended for the purpose of achieving compliance 
with the applicable conditions and requirements of titles XVIII 
and XIX of the Social Security Act (exclusive of planning, design, 
or construction of new facilities): Provided further. That of the 
funds provided, $7,500,000 shall remain available until expended, 
for the Indian Self-Determination Fund, which shall be available 
for the transitional costs of initial or expanded tribal contracts, 
compacts, grants or cooperative agreements with the Indian Health 
Service under the provisions of the Indian Self-Determination Act: 
Provided further. That funding contained herein, and in any earlier 
appropriations Acts for scholarship programs under the Indian 
Health Care Improvement Act (25 tJ.S.C. 1613) shall remain avail-
able for obligation until September 30, 1998: Provided 
further, 
That amounts received by tribes and tribal organizations under 
title IV of the Indian Health Care Improvement Act shall be 
reported and accounted for and available to the receiving tribes 
and tribal organizations until expended. 
INDIAN HEALTH FACILITIES 
For construction, repair, maintenance, improvement, and equip-
ment of health and related auxiliary facilities, including quarters 
for personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, 
and purchases of trailers; and for provision of domestic and commu-
nity sanitation facilities for Indians, as authorized by section 7 
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement Act, 
and for expenses necessary to carry out such Acts and titles II 
and III of the Public Health Service Act with respect to environ-
mental health and facilities support activities of the Indian Health 
Service, $247,731,000, to remain available until expended: Provided, 
That notwithstanding any other provision of law, funds appro-
priated for the planning, design, construction or renovation of health 
facilities for the benefit of an Indian tribe or tribes may be used 
to purchase land for sites to construct, improve, or enlarge health 
or related facilities. 
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE 
Appropriations in this Act to the Indian Health Service shall 
be available for services as authorized by 5 U.S.C. 3109 but at 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-214 
rates not to exceed the per diem rate equivalent to the maximum 
rate payable for senior-level positions under 5 U.S.C. 5376; hire 
of passenger motor vehicles and aircraft; purchase of medical equip-
ment; purchase of reprints; purchase, renovation and erection of 
modular buildings and renovation of existing facilities; payments 
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and for uniforms 
or allowances therefore as authorized by 5 U.S.C. 5901-5902; and 
for expenses of attendance at meetings which are concerned with 
the functions or activities for which the appropriation is made 
or which will contribute to improved conduct, supervision, or 
management of those functions or activities: Provided, That in 
accordance with the provisions of the Indian Health Care Improve-
ment Act, non-Indian patients may be extended health care at 
all tribally administered or Indian Health Service facilities, subject 
to charges, and the proceeds along with funds recovered under 
the Federal Medical Care Recovery Act (42 U.S.C. 2651-53) shall 
be credited to the account of the facility providing the service 
and shall be available without fiscal year limitation: Provided fur-
ther, That notwithstanding any other law or regulation, funds trans-
ferred from the Department of Housing and Urban Development 
to the Indian Health Service shall be administered under Public 
Law 86-121 (the Indian Sanitation Facilities Act) and Public Law 
93-638, as amended: Provided further, That funds appropriated 
to the Indian Health Service in this Act, except those used for 
administrative and program direction purposes, shall not be subject 
to limitations directed at curtailing Federal travel and transpor-
tation: Provided further. That notwithstanding any other provision 
of law, funds previously or herein made available to a tribe or 
tribal organization through a contract, grant, or agreement author-
ized by title I or title III of the Indian Self-Determination and 
Education Assistance Act of 1975 (25 U.S.C. 450), may be 
deobligated and reobligated to a self-determination contract under 
title I, or a self-governance agreement under title III of such Act 
and thereafter shall remain available to the tribe or tribal organiza-
tion without fiscal year limitation: Provided further. That none 
of the funds made available to the Indian Health Service in this 
Act shall be used to implement the final rule published in the 
Federal Register on September 16, 1987, by the Department of 
Health and Human Services, relating to the eligibility for the health 
care services of the Indian Health Service until the Indian Health 
Service has submitted a budget request reflecting the increased 
costs associated with the proposed final rule, and such request 
has been included in an appropriations Act and enacted into law: 
Provided further, That funds made available in this Act are to 
be apportioned to the Indian Health Service as appropriated in 
this Act, and accounted for in the appropriation structure set forth 
in this Act: Provided further, That funds received from any source, 
including tribal contractors and compactors for previously trans-
ferred functions which tribal contractors and compactors no longer 
wish to retain, for services, goods, or training and technical assist-
ance, shall be retained by the Indian Health Service and shall 
remain available until expended by the Indian Health Service: 
Provided further. 
That reimbursements for training, technical 
assistance, or services provided by the Indian Health Service will 
contain total costs, including direct, administrative, and overhead 
110 STAT. 3009-215 
PUBLIC LAW 104-208—SEPT. 30, 1996 
associated with the provision of goods, services, or technical assist-
ance: Provided further, That the appropriation structure for the 
Indian Health Service may not be altered without advance approval 
of the House and Senate Committees on Appropriations. 
DEPARTMENT OF EDUCATION 
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION 
INDIAN EDUCATION 
For necessary expenses to carry out, to the extent not otherwise 
provided, title IX, part A of the Elementary and Secondary Edu-
cation Act of 1965, as amended, and section 215 of the Department 
of Education Organization Act, $61,000,000. 
OTHER RELATED AGENCIES 
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Pubhc Law 93-531, $19,345,000, to 
remain available until expended: Provided, That funds provided 
in this or any other appropriations Act are to be used to relocate 
eligible individuals and groups including evictees from District 6, 
Hopi-partitioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not included in 
the preceding categories: Provided further. That none of the funds 
contained in this or any other Act may be used by the Office 
of Navajo and Hopi Indian Relocation to evict any single Navajo 
or Navajo family who, as of November 30, 1985, was physically 
domiciled on the lands partitioned to the Hopi Tribe unless a 
new or replacement home is provided for such household: Provided 
further. That no relocatee will be provided with more than one 
new or replacement home: Provided further. That the Office shall 
relocate any certified eligible relocatees who have selected and 
received an approved homesite on the Navajo reservation or selected 
a replacement residence off" the Navajo reservation or on the land 
acquired pursuant to 25 U.S.C. 640d-10. 
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND 
ARTS DEVELOPMENT 
PAYMENT TO THE INSTITUTE 
For pa)mient to the Institute of American Indian and Alaska 
Native Culture and Arts Development, as authorized by title XV 
of PubUc Law 99-498, as amended (20 U.S.C. 56, part A), 
$5,500,000. 
SMITHSONIAN INSTITUTION 
SALARIES AND EXPENSES 
For necessary expenses of the Smithsonian Institution, as 
authorized by law, including research in the fields of art, science. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-216 
and history; development, preservation, and documentation of the 
National Collections; presentation of public exhibits and perform-
ances; collection, preparation, dissemination, and exchange of 
information and publications; conduct of education, training, and 
museum assistance programs; maintenance, alteration, operation, 
lease (for terms not to exceed thirty years), and protection of build-
ings, facilities, and approaches; not to exceed $100,000 for services 
as authorized by 5 U.S.C. 3109; up to 5 replacement passenger 
vehicles; purchase, rental, repair, and cleaning of uniforms for 
employees; $317,557,000, of which not to exceed $30,665,000 for 
the instrumentation program, collections acquisition. Museum Sup-
port Center equipment and move, exhibition reinstallation, the 
National Museum of the American Indian, the repatriation of skele-
tal remains program, research equipment, information manage-
ment, and Latino programming shall remain available until 
expended, and including such funds as may be necessary to support 
American overseas research centers and a total of $125,000 for 
the Council of American Overseas Research Centers: Provided, That 
funds appropriated herein are available for advance pajmients to 
independent contractors performing research services or participat-
ing in official Smithsonian presentations. 
CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK 
For necessary expenses of planning, construction, remodeling, 
and equipping of buildings and facilities at the National Zoological 
Park, by contract or otherwise, $3,850,000, to remain available 
until expended. 
REPAIR AND RESTORATION OF BUILDINGS 
For necessary expenses of repair and restoration of buildings 
owned or occupied by the Smithsonian Institution, by contract or 
otherwise, as authorized by section 2 of the Act of August 22, 
1949 (63 Stat. 623), including not to exceed $10,000 for services 
as authorized by 5 U.S.C. 3109, $39,000,000, to remain available 
until expended: Provided, That contracts awarded for environmental 
systems, protection systems, and exterior repair or restoration of 
buildings of the Smithsonian Institution may be negotiated with 
selected contractors and awarded on the basis of contractor quali-
fications as well as price. 
CONSTRUCTION 
For necessary expenses for construction, $10,000,000, to remain 
available until expended. 
NATIONAL GALLERY OF ART 
SALARIES AND EXPENSES 
For the upkeep and operations of the National Gallery of Art, 
the protection and care of the works of art therein, and administra-
tive expenses incident thereto, as authorized by the Act of March 
24, 1937 (50 Stat. 51), as amended by the public resolution of 
April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), includ-
ing services as authorized by 5 U.S.C. 3109; pa)anent in advance 
when authorized by the treasurer of the Gallery for membership 
110 STAT. 3009-217 
PUBLIC LAW 104-208—SEPT. 30, 1996 
in library, museum, and art associations or societies whose publica-
tions or services are available to members only, or to members 
at a price lower than to the general public; purchase, repair, and 
cleaning of uniforms for guards, and uniforms, or allowances there-
for, for other employees as authorized by law (5 U.S.C. 5901-
5902); purchase or rental of devices and services for protecting 
buildings and contents thereof, and maintenance, alteration, im-
provement, and repair of buildings, approaches, and grounds; and 
purchase of services for restoration and repair of works of art 
for the National Gallery of Art by contracts made, without advertis-
ing, with individuals, firms, or organizations at such rates or prices 
and under such terms and conditions as the Gallery may deem 
proper, $53,899,000, of which not to exceed $3,026,000 for the 
special exhibition program shall remain available until expended. 
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS 
For necessary expenses of repair, restoration and renovation 
of buildings, grounds and facilities owned or occupied by the 
National Gallery of Art, by contract or otherwise, as authorized, 
$5,942,000, to remain available until expended: Provided, 
That 
contracts awarded for environmental systems, protection systems, 
and exterior repair or renovation of buildings of the National Gal-
lery of Art may be negotiated with selected contractors and awarded 
on the basis of contractor qualifications as well as price. 
JOHN F . KENNEDY CENTER FOR THE PERFORMING ARTS 
OPERATIONS AND MAINTENANCE 
For necessary expenses for the operation, maintenance and 
security of the John F. Kennedy Center for the Performing Arts, 
$10,875,000. 
CONSTRUCTION 
For necessary expenses of capital repair and rehabilitation 
of the existing features of the building and site of the John F. 
Kennedy Center for the Performing Arts, $9,000,000, to remain 
available until expended. 
WooDROw WILSON INTERNATIONAL CENTER FOR SCHOLARS 
SALARIES A N D EXPENSES 
For expenses necessary in carrying out the provisions of the 
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including 
hire of passenger vehicles and services as authorized by 5 U.S.C. 
3109, $5,840,000. 
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES 
NATIONAL ENDOWMENT FOR THE ARTS 
GRANTS A N D ADMINISTRATION 
For necessary expenses to carry out the National Foundation 
on the Arts and the Humanities Act of 1965, as amended, 
$82,734,000, shall be available to the National Endowment for 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-218 
the Arts for the support of projects and productions in the arts 
through assistance to organizations and individuals pursuant to 
section 5(c) of the Act, and for administering the functions of the 
Act, to remain available until expended. 
MATCHING GRANTS 
To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amend-
ed, $16,760,000, to remain available until expended, to the National 
Endowment for the Arts: Provided, That this appropriation shall 
be available for obligation only in such amounts as may be equal 
to the total amounts of gifts, bequests, and devises of money, 
and other property accepted by the Chairman or by grantees of 
the Endowment under the provisions of section 10(a)(2), subsections 
11(a)(2)(A) and 11(a)(3)(A) during the current and preceding fiscal 
years for which equal amounts have not previously been appro-
priated. 
NATIONAL ENDOWMENT FOR THE HUMANITIES 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National Foundation 
on the Arts and the Humanities Act of 1965, as amended, 
$96,100,000 shall be available to the National Endowment for the 
Humanities for support of activities in the humanities, pursuant 
to section 7(c) of the Act, and for administering the functions 
of the Act, to remain available until expended. 
MATCHING GRANTS 
To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amend-
ed, $13,900,000, to remain available until expended, of which 
$8,000,000 shall be available to the National Endowment for the 
Humanities for the purposes of section 7(h): Provided, That this 
appropriation shall be available for obligation only in such amounts 
as may be equal to the total amounts of gifts, bequests, and devises 
of money, and other property accepted by the Chairman or by 
grantees of the Endowment under the provisions of subsections 
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal 
years for which equal amounts have not previously been appro-
priated. 
INSTITUTE OF MUSEUM SERVICES 
GRANTS AND ADMINISTRATION 
For carrying out title II of the Arts, Humanities, and Cultural 
Affairs Act of 1976, as amended, $22,000,000, to remain available 
until expended. 
ADMINISTRATIVE PROVISIONS 
None of the funds appropriated to the National Foundation 
on the Arts and the Humanities may be used to process any grant 
or contract documents which do not include the text of 18 U.S.C. 
1913: Provided, That none of the funds appropriated to the National 
110 STAT. 3009-219 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Foundation on the Arts and the Humanities may be used for official 
reception and representation expenses. 
COMMISSION OF FINE ARTS 
SALARIES AND EXPENSES 
For expenses made necessary by the Act establishing a Commis-
sion of Fine Arts (40 U.S.C. 104), $867,000. 
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS 
For necessary expenses as authorized by Public Law 99-190 
(20 U.S.C. 956(a)), as amended, $6,000,000. 
ADVISORY COUNCIL ON HISTORIC 
PRESERVATION 
SALARIES AND EXPENSES 
For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $2,500,000: Pro-
vided, That none of these funds shall be available for the compensa-
tion of Executive Level V or higher position. 
NATIONAL CAPITAL PLANNING COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C 71-71i), including services as 
authorized by 5 U.S.C. 3109, $5,390,000: Provided, 
That all 
appointed members will be compensated at a rate not to exceed 
the rate for Executive Schedule Level IV. 
FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Franklin Delano Roosevelt Memo-
rial Commission, established by the Act of August 11, 1955 (69 
Stat. 694), as amended by Public Law 92-332 (86 Stat. 401), 
$500,000 to remain available until expended. 
UNITED STATES HOLOCAUST MEMORIAL COUNCIL 
HOLOCAUST MEMORIAL COUNCIL 
For expenses of the Holocaust Memorial Council, as authorized 
by Public Law 96-388 (36 U.S.C. 1401), as amended, $30,707,000, 
of which $1,575,000 for the Museum's repair and rehabilitation 
program and $1,264,000 for the Museum's exhibitions program 
shall remain available until expended. 
TITLE III—GENERAL PROVISIONS 
SEC. 301. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-220 
for public inspection, except where otherwise provided under exist-
ing law, or under existing Executive Order issued pursuant to 
existing law. 
SEC. 302. No part of any appropriation under this Act shall 
be available to the Secretary of the Interior or the Secretary of 
Agriculture for the leasing of oil and natural gas by noncompetitive 
bidding on publicly owned lands within the boundaries of the Shaw-
nee National Forest, Illinois: Provided, That nothing herein is 
intended to inhibit or otherwise affect the sale, lease, or right 
to access to minerals owned by private individuals. 
SEC. 303. No part of any appropriation contained in this Act 
shall be available for any activity or the publication or distribution 
of literature that in any way tends to promote public support 
or opposition to any legislative proposal on which congressional 
action is not complete. 
SEC. 304. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein. 
SEC. 305. None of the funds provided in this Act to any depart-
ment or agency shall be obligated or expended to provide a personal 
cook, chauffeur, or other personal servants to any officer or 
employee of such department or agency except as otherwise provided 
by law. 
SEC. 306. No assessments may be levied against any program, 
budget activity, subactivity, or project funded by this Act unless 
advance notice of such assessments and the basis therefor are 
presented to the Committees on Appropriations and are approved 
by such Committees. 
SEC. 307. 
(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 sections 2 through 4 of the Act of March 
3, 1933 (41 U.S.C. lOa-lOc; popularly known as the "Buy American 
Act"). 
(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, 
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. 
110 STAT. 3009-221 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SEC. 308. None of the funds in this Act may be used to plan, 
prepare, or qffer for sale timber from trees classified as giant 
sequoia (Sequoiadendron giganteum) which are located on National 
Forest System or Bureau of Land Management lands in a manner 
different than such sales were conducted in fiscal year 1995. 
SEC. 309. None of the funds made available by this Act may 
be obligated or expended by the National Park Service to enter 
into or implement a concession contract which permits or requires 
the removal of the underground lunchroom at the Carlsbad Caverns 
National Park. 
SEC. 310. Where the actual costs of construction projects under 
self-determination contracts, compacts, or grants, pursuant to Public 
Laws 93-638, 103-413, or 100-297, are less than the estimated 
costs thereof, use of the resulting excess funds shall be determined 
by the appropriate Secretary after consultation with the tribes. 
SEC. 311. Notwithstanding Public Law 103-413, quarterly pay-
ments of funds to tribes and tribal organizations under annual 
funding agreements pursuant to section 108 of Public Law 93-
638, as amended, may be made on the first business day following 
the first day of a fiscal quarter. 
SEC. 312. None of the funds appropriated or otherwise made 
available by this Act may be used for the AmeriCorps program, 
unless the relevant agencies of the Department of the Interior 
and/or Agriculture follow appropriate reprogramming guidelines: 
Provided, That if no funds are provided for the AmeriCorps program 
by the VA-HUD and Independent Agencies fiscal year 1997 appro-
priations bill, then none of the funds appropriated or otherwise 
made available by this Act may be used for the AmeriCorps pro-
grams. 
SEC. 313. None of the funds made available in this Act may 
be used (1) to demolish the bridge between Jersey City, New Jersey, 
and Ellis Island; or (2) to prevent pedestrian use of such bridge, 
when it is made known to the Federal official having authority 
to obligate or expend such funds that such pedestrian use is consist-
ent with generally accepted safety standards. 
SEC. 314. (a) None of the funds appropriated or otherwise 
made available pursuant to this Act shall be obligated or expended 
to accept or process applications for a patent for any mining or 
mill site claim located under the general mining laws. 
(b) The provisions of subsection (a) shall not apply if the Sec-
retary of the Interior determines that, for the claim concerned: 
(1) a patent application was filed with the Secretary on or before 
September 30, 1994, and (2) all requirements established under 
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 
and 30) for vein or lode claims and sections 2329, 2330, 2331, 
and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for 
placer claims, and section 2337 of the Revised Statutes (30 U.S.C. 
42) for mill site claims, as the case may be, were fully complied 
with by the applicant by that date. 
(c) PROCESSING SCHEDULE.—For those applications for patents 
pursuant to subsection (b) which were filed with the Secretary 
of the Interior, prior to September 30, 1994, the Secretary of the 
Interior shall— 
(1) Within three months of the enactment of this Act, 
file with the House and Senate Committees on Appropriations 
and the Committee on Resources of the House of Representa-
tives and the Committee on Energy and Natural Resources 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-222 
of the United States Senate a plan which details how the 
Department of the Interior will make a final determination 
as to whether or not an applicant is entitled to a patent under 
the general mining laws on at least 90 percent of such applica-
tions within five years of the enactment of this Act and file 
reports annually thereafter with the same committees detailing 
actions taken by the Department of the Interior to carry out 
such plan; and 
(2) Take such actions as may be necessary to carry out 
suchplan. 
(d) 
MINERAL 
EXAMINATIONS.—In order to process patent 
applications in a timely and responsible manner, upon the request 
of a patent applicant, the Secretary of the Interior shall allow 
the applicant to fund a qualified third-party contractor to be selected 
by the Bureau of Land Management to conduct a mineral examina-
tion of the mining claims or mill sites contained in a patent applica-
tion as set forth in subsection (b). The Bureau of Land Management 
shall have the sole responsibility to choose and pay the third-
party contractor in accordance with the standard procedures 
employed by the Bureau of Land Management in the retention 
of third-party contractors. 
SEC. 315. None of the funds appropriated or otherwise made 
available by this Act may be used for the purposes of acquiring 
lands in the counties of Gallia, Lawrence, Monroe, or Washington, 
Ohio, for the Wayne National Forest. 
SEC. 316. Of the funds provided to the National Endowment 
for the Arts: 
(a) The Chairperson shall only award a grant to an individ-
ual if such grant is awarded to such individual for a literature 
fellowship, National Heritage Fellowship, or American Jazz 
Masters Fellowship. 
(b) The Chairperson shall establish procedures to ensure 
that no funding provided through a grant, except a grant made 
to a State or local arts agency, or regional group, may be 
used to make a grant to any other organization or individual 
to conduct activity independent of the direct grant recipient. 
Nothing in this subsection shall prohibit payments made in 
exchange for goods and services. 
(c) No grant shall be used for seasonal support to a group, 
unless the application is specific to the contents of the season, 
including identified programs and/or projects. 
SEC. 317. None of the funds available to the Department of 
the Interior or the Department of Agriculture by this or any other 
Act may be used to prepare, promulgate, implement, or enforce 
any interim or final rule or regulation pursuant to Title VIII of 
the Alaska National Interest Lands Conservation Act to assert 
jurisdiction, management, or control over any waters (other than 
non-navigable waters on Federal lands), non-Federal lands, or lands 
selected by, but not conveyed to, the State of Alaska pursuant 
to the Submerged Lands Act of 1953 or the Alaska Statehood 
Act, or an Alaska Native Corporation pursuant to the Alaska Native 
Claims Settlement Act. 
SEC. 318. No funds appropriated under this or any other Act 
shall be used to review or modify sourcing areas previously approved 
under section 490(c)(3) of the Forest Resources Conservation and 
Shortage Relief Act of 1990 (Public Law 101-382) or to enforce 
or implement Federal regulations 36 CFR part 223 promulgated 
29-194 O - 96 - 13 : QL 3 Part 4 
110 STAT. 3009-223 
PUBLIC LAW 104-208—SEPT. 30, 1996 
on September 8, 1995. The regulations and interim rules in effect 
prior to September 8, 1995 (36 CFR 223.48, 36 CFR 223.87, 36 
CFR 223 subpart D, 36 CFR 223 subpart F, and 36 CFR 261.6) 
shall remain in effect. The Secretary of Agriculture or the Secretary 
of the Interior shall not adopt any policies concerning Public Law 
101-382 or existing regulations that would restrain domestic 
transportation or processing of timber from private lands or impose 
16 use 620c 
additional accountability requirements on any timber. The Secretary 
note. 
of Commerce shall extend until September 30, 1997, the order 
issued under section 491(b)(2)(A) of Public Law 101-382 and shall 
issue an order under section 491(b)(2)(B) of such law that will 
be effective October 1, 1997. 
i6USC460/-6a 
SEC. 319. Section 101(c) of Public Law 104-134 is amended 
°ote. 
as follows: Under the heading "Title III—General Provisions" amend 
section 315(b) by striking "50, areas," and inserting in lieu thereof 
"100, areas," and amend section 315(f) by striking "September 30, 
1998" and inserting in lieu thereof "September 30, 1999" and by 
striking "September 30, 2001" and inserting in lieu thereof "Septem-
ber 30, 2002". 
SEC. 320. None of the amounts made available by this Act 
may be used for design, planning, implementation, engineering, 
construction, or any other activity in connection with a scenic shore-
line drive in Pictured Rocks National Lakeshore. 
SEC. 
321. 
LAND 
TRANSFER, 
BEND 
SILVICULTURE 
LAB, 
DESCHUTES NATIONAL FOREST, OREGON.— 
(a) TRANSFER OF REAL PROPERTY AND ALL IMPROVEMENTS 
LOCATED THEREON.—Notwithstanding any other provisions of 
law, there is hereby transferred, without consideration and 
subject to existing valid rights, all right, title and interest 
of the United States in and to approximately 5.73 acres of 
land as described by plat dated July 7, 1977, (which is on 
file and available for public inspection in the Office of the 
Chief, USDA Forest Service, Washington, D.C.), as well as 
all improvements, including the Bend Silviculture Lab located 
thereon, to the Central Oregon Community College, Bend, 
Oregon; this being a portion of the same tract acquired by 
donation from the City of Bend on August 10, 1960, through 
a Bargain and Sale deed to the USDA Forest Service for use 
as a research lab, and recorded in volume 125, page 508 of 
the Deschutes County, Oregon, Deed Records. 
(b) CONDITIONS OF TRANSFER.—The transfer effected by 
subsection (a) is made subject to no special terms or conditions. 
SEC. 322. No part of any appropriation contained in this Act 
or any other Act shall be expended or obligated to fund the activities 
of the Office of Forestry and Economic Assistance, or any successor 
office after December 31, 1996. 
SEC. 323. (a) The Secretary of the Interior is authorized to 
accept title to approximately 84 acres of land located in Prince 
Georges County, Maryland, adjacent to Oxon Cove Park, and bor-
dered generally by the Potomac River, Interstate 295 and the Wood-
row Wilson Bridge, or any interest therein, and in exchange therefor 
may convey to the Corrections Corporation of America approxi-
mately 50 acres of land located in Oxon Cove Park in the District 
of Columbia and bordered generally by Oxon Cove, Interstate 295 
and the District of Columbia Impound Lot, or any interest therein. 
(b) Before proceeding with an exchange, the Secretary shall 
determine if the federal property is suitable for exchange under 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-224 
the criteria normally used by the National Park Service. The 
exchange shall comply with applicable regulations and National 
Park Service policies for land exchanges. 
(c)(1) The Secretary shall not acquire any lands under this 
section if the Secretary determines that the lands or any portion 
thereof have become contaminated with hazardous substances (as 
defined in the Comprehensive Environmental Response, Compensa-
tion, and Liability Act (42 U.S.C. 960Z)). 
• 
(2) Notwithstanding any other provision of law, the United 
States shall have no responsibility or liability with respect to any 
hazardous wastes or other substances placed on any of the lands 
covered by this section after their transfer to the ownership of 
any party, but nothing in this section shall be construed as either 
diminishing or increasing any responsibility or liability of the 
United States based on the condition of such lands on the date 
of their transfer to the ownership of another party: Provided, That 
the Corrections Corporation of America shall indemnify the United 
States for liabilities arising under the Comprehensive Environ-
mental Response, Compensation, and Liability Act (42 U.S.C. 960Z) 
and the Resource Conservation Recovery Act (42 U.S.C. 690Z, et 
seq.). 
(d) The properties so exchanged either shall be approximately 
equal in fair market value or if they are not approximately equal, 
shall be equalized by the payment of cash to the Corporation 
or to the Secretary as required or in the event the value of the 
Corporation's lands is greater, the acreage may be reduced so that 
the fair market value is approximately equal: Provided, That the 
Secretary shall order appraisals made of the fair market value 
for improvements thereon: Provided further. That any such cash 
pa3nnent received by the Secretary shall be deposited to "Miscellane-
ous Trust Funds, National Park Service" and shall be available 
without further appropriation until expended for the acquisition 
of land within the National Park System. 
(e) Costs of conducting necessary land surveys, preparing the 
legal descriptions of the lands to be conveyed, performing the 
appraisals, and administrative costs incurred in completing the 
exchange shall be borne by the Corporation. 
(f) Following any exchange authorized by this provision, the 
boundaries of Oxon Cove Park shall be expanded to include the 
land acquired by the United States. 
SEC. 324. SECTION 1. LAND EXCHANGE.— 
(a) EXCHANGE.—Subject to subsection (c), the Secretary 
of Agriculture (referred to in this section as the "Secretary") 
shall convey all right, title, and interest of the United States 
in and to the National Forest System lands described in sub-
section (b)(1) to Public Utility District No. 1 of Chelan County, 
Washington (referred to in this section as the "Public Utility 
District"), in exchange for the conveyance to the Department 
of Agriculture by the Public Utility District of all right, title, 
and interest of the Public Utility District in and to the lands 
described in subsection (b)(2). 
(b) DESCRIPTION OF LANDS.— 
(1) NATIONAL FOREST SYSTEM LANDS.—The National 
Forest System lands referred to in subsection (a) are 122 
acres, more or less, that are partially occupied by a 
wastewater treatment facility referred to in subsection 
(c)(4)(A) with the following legal description: 
110 STAT. 3009-225 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(A) The NEy4 of SWy4 of section 27 of township 
27 north, range 17 east, Willamette Meridian, Chelan 
County, Washington. 
(B) The NV2 of SEy4 of SWy4 of such section 
27. 
27. 
27. 
27. 
(C) The WV2 of NWy4 of SEy4 of such section 
(D) The NWy4 of SWy4 of SEy4 of such section 
(E) The £^2 of NW^i of the SEy4 of such section 
(F) That portion of the 8^2 of SEy4 of SW^i lying 
north of the northerly edge of Highway 209 right-
of-way of such section 27. 
(2) PUBLIC UTILITY DISTRICT LANDS.—The lands owned 
by the Public Utility District are 109.15 acres, more or 
less, with the following legal description: 
(A) SV2 of SWy* of section 35 of township 26 
north, range 17 east, Willamette Meridian, Chelan 
County, Washington. 
(B) The area specified by Public Utility District 
No. 1 as Government Lot 5 in such section 35. 
(c) REQUIREMENTS FOR EXCHANGE.— 
(1) TITLE ACCEPTANCE AND CONVEYANCE.—Upon offer 
by the Public Utility District of all right, title and interest 
in and to the lands described in subsection (b)(2), if the 
title is found acceptable by the Secretary, the Secretary 
shall accept title to such lands and interests therein and 
shall convey to the Public Utility District all right, title, 
and interest of the United States in and to the lands 
described in subsection (b)(1). 
(2) APPRAISALS REQUIRED.—Before making an exchange 
pursuant to subsection (a), the Secretary shall conduct 
appraisals of the lands that are subject to the exchange 
to determine the fair market value of the lands. Such 
appraisals shall not include the value of the wastewater 
treatment facility referred to in paragraph (4)(A). 
(3) ADDITIONAL CONSIDERATION.—If, on the basis of 
the appraisals made under paragraph (1), the Secretary 
determines that the fair market value of the lands to 
be conveyed by one party under subsection (a) is less than 
the fair market value of the lands to be conveyed by the 
other party under subsection (a), then, as a condition of 
making the exchange under subsection (a), the party 
conveying the lands with the lesser value shall pay the 
other party the amount by which the fair market value 
of the lands of greater value exceeds the fair market value 
of the lands of lesser value. 
(4) CONVEYANCE OF WASTEWATER TREATMENT FACIL-
ITY.—(A) As part of an exchange made under subsection 
(a), the Secretary shall convey to the Public Utility District 
of Chelan County, Washington, all right, title and interest 
of the United States in and to the wastewater treatment 
facility (including the wastewater treatment plant and 
associated lagoons) located on the lands described in sub-
section (b)(1) that is in existence on the date of the 
exchange. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-226 
(B) As a condition for the exchange under subsection 
(a), the PubHc Utility District shall provide for a credit 
equal to the fair market value of the wastewater treatment 
facility conveyed pursuant to subparagraph (A) (determined 
as of November 4, 1991), that shall be applied to the 
United States' share of any new wastewater treatment 
facility constructed by the Public Utility District after such 
date. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 
may require such additional terms and conditions in connection 
with the exchange under this section as the Secretary deter-
mines appropriate to protect the interests of the United States. 
SEC. 325. "Snoqualmie National Forest Boundary Adjustment 
Act of 1996." 
(a) IN GENERAL.—The Secretary of Agriculture is hereby 
directed to modify the boundary of the Snoqualmie National 
Forest to include and encompass 10,589.47 acres, more or less, 
as generally depicted on a map entitled "Snoqualmie National 
Forest Proposed 1996 Boundary Modification" dated July, 1996. 
Such map, together with a legal description of all lands included 
in the boundary adjustment, shall be on file and available 
for public inspection in the Office of the Chief of the Forest 
Service in Washington, District of Columbia. 
(b) RULE FOR LAND AND WATER CONSERVATION FUND.— 
For the purposes of section 7 of the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 4601-9), the boundary of 
the Snoqualmie National Forest, as modified pursuant to sub-
section (a), shall be considered to be the boundary of that 
National Forest as of January 1, 1965. 
SEC. 326. Sugarbush Land Exchange Act of 1996. 
(a) EXCHANGE OR SALE OF LAND.— 
(1) If Sugarbush Resort Holdings, Inc. conveys to the 
United States land acceptable to the Secretary of Agri-
culture that is at least equal in value to the value of 
the land described in subsection (a)(2), makes a payment 
of cash at least equal to that value, or conveys land and 
makes a payment of cash that in combination are at least 
equal to that value, the Secretary, subject to valid existing 
rights, shall, under such terms and conditions as the Sec-
retary may prescribe, convey all right, title, and interest 
of the United States in and to the land described in sub-
section (a)(2). 
(2) FEDERAL LAND TO BE EXCHANGED.—^The Federal 
land to be exchanged is approximately 57 acres of federally 
owned land in the Green Mountain National Forest 
depicted on the map entitled "Green Mountain National 
Forest, Sugarbush Exchange," dated December 1995. 
(3) Lands acquired from Sugarbush Resort Holdings, 
Inc.—^Any land conveyed to the United States in an 
exchange under subsection (a)(1) shall be subject to such 
valid existing rights of record as may be acceptable to 
the Secretary, and the title to the parcel shall conform 
with the title approval standards applicable to federal land 
acquisitions. 
(b) ADMINISTRATION OF LAND.— 
(1) ADDITION TO GREEN MOUNTAIN NATIONAL FOREST.— 
On approval and acceptance of title by the Secretary, the 
110 STAT. 3009-227 
PUBLIC LAW 104-208—SEPT. 30, 1996 
land acquired by the United States through an exchange 
or with proceeds from a sale under subsection (a) shall 
become part of the Green Mountain National Forest, and 
the boundaries of the National Forest shall be adjusted 
to include the land. 
(2) ADMINISTRATION.—Land acquired under this Act 
shall be administered by the Secretary in accordance with 
the laws (including regulations) pertaining to the National 
Forest System. 
(3) AUTHORITY OF THE SECRETARY.—This section does 
not limit the authority of the Secretary to adjust the bound-
aries of the Green Mountain National Forest pursuant 
to section 11 of the Act of March 1, 1911 (36 Stat. 963, 
chapter 186; 16 U.S.C. 521) (commonly known as the 
"Weeks Law"). 
(4) For the purposes of section 7 of the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 4601-
9), the boundaries of the Green Mountain National Forest, 
as adjusted under this Act, shall be considered to be the 
boundaries of the Green Mountain National Forest as of 
January 1, 1965. 
SEC. 327. Snowbird Wilderness Study Area. 
(a) IN GENERAL.—Section 6(a)(4) of the North Carolina Wilder-
ness Act of 1984 (Pubhc Law 98-324) is amended— 
(1) by striking "eight thousand four hundred and ninety 
acres" and inserting "8,390 acres"; and 
(2) by striking "July 1983" and inserting "July 1996". 
(b) MANAGEMENT.—^The Secretary of Agriculture shall manage 
the area removed from wilderness study status by the amendments 
made by subsection (a) in accordance with the provisions of law 
applicable to adjacent areas outside the wilderness study area. 
16 use 1132 
SEC. 328. Renaming of Wilderness Area. 
note. 
(a) The Columbia Wilderness, created by the Oregon Wilderness 
Act of 1984, Public Law 98-328, located in the Mt. Hood National 
Forest, Oregon, shall be known and designated as the "Mark O. 
Hatfield Wilderness". 
(b) Any references in a law, map, regulation, document, paper, 
or other record of the United States to the Columbia Wilderness 
shall be deemed to be a reference to the "Mark O. Hatfield Wilder-
ness". 
SEC. 329. Notwithstanding any other provision of law, for fiscal 
year 1997 the Secretaries of Agriculture and Interior are authorized 
to limit competition for watershed restoration project contracts as 
part of the "Jobs in the Woods" component of the President's Forest 
Plan for the Pacific Northwest to individuals and entities in histori-
cally timber-dependent areas in the States of Washington, Oregon, 
and northern California that have been affected by reduced timber 
harvesting on Federal lands. 
SEC. 330. Section 9 of the Rhode Island Indian Claims Settle-
ment Act (25 U.S.C. 1708) is amended— 
(1) by striking "Sec. 9. Except as"; and inserting the follow-
ing: 
"(a) IN GENERAL.—Except as"; 
(2) by striking the section heading and inserting the follow-
ing: 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-228 
"SEC. 9. APPLICABILITY OF STATE LAW; TREATMENT OF SETTLEMENT 
LANDS UNDER THE INDIAN GAMING REGULATORY ACT."; 
and 
(3) by adding at the end the following new subsection: 
"(b) TREATMENT OF SETTLEMENT LANDS UNDER THE INDIAN 
GAMING REGULATORY ACT.—For purposes of the Indian Gaming 
Regulatory Act (25 U.S.C. 2701 et seq.), settlement lands shall 
not be treated as Indian lands.". 
TITLE IV—EMERGENCY APPROPRIATIONS 
DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
MANAGEMENT OF LANDS AND RESOURCES 
For an additional amount for management of lands and 
resources, $3,500,000, to remain available until expended, to restore 
public lands damaged by fire: Provided, That Congress hereby des-
ignates this amount 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: Provided further. That this 
amount shall be available only to the extent that 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. 
WILDLAND FIRE MANAGEMENT 
For an additional amount for wildland fire management, 
$100,000,000, to remain available until expended, for emergency 
rehabilitation and wildfire suppression activities of the Department 
of the Interior: Provided, That Congress hereby designates this 
amount 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: Provided further. That this amount 
shall be available only to the extent that 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. 
OREGON 
AND 
CALIFORNIA 
GRANT 
LANDS 
For an additional amount for Oregon and California grant 
lands, $2,500,000, to remain available until expended, to restore 
public lands damaged by fire: Provided, That Congress hereby des-
ignates this amount 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: Provided further. That this 
amount shall be available only to the extent that 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. 
110 STAT. 3009-229 
PUBLIC LAW 104-208—SEPT. 30, 1996 
UNITED STATES FISH AND WILDLIFE SERVICE 
RESOURCE MANAGEMENT 
For an additional amount for resource management, $2,100,000, 
to remain available until expended, of which $600,000 is to restore 
public lands damaged by fire and $1,500,000 is address anti-terror-
ism requirements: Provided, That Congress hereby designates this 
amount 
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: Provided further. That this amount 
shall be available only to the extent that 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. 
CONSTRUCTION 
For an additional amount for construction, $15,891,000, to 
remain available until expended, to repair damage caused by hurri-
canes, floods and other acts of nature: Provided, That Congress 
hereby designates this amount 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: Provided further. That 
this amount shall be available only to the extent that an official 
budget request for a specific dollar amount, that includes designa-
tion of the entire amount 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. 
NATIONAL PARK SERVICE 
OPERATION OF THE NATIONAL PARK SYSTEM 
For an additional amount for operation of the National park 
system, $2,300,000, to remain available until expended, to address 
anti-terrorism requirements: Provided, That Congress hereby des-
ignates this amount 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: Provided further, That this 
amount shall be available only to the extent that 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. 
CONSTRUCTION 
For an additional amount for construction, $9,300,000, to 
remain available until expended, of which $3,000,000 is to repair 
damage caused by hurricanes and $6,300,000 is to address anti-
terrorism requirements: Provided, That Congress hereby designates 
this amount 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: Provided further. That this amount 
shall be available only to the extent that 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 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-230 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress. 
UNITED STATES GEOLOGICAL SURVEY 
SURVEYS, INVESTIGATIONS, AND RESEARCH 
For an additional amount for surveys, investigations, and 
research, $1,138,000, to remain available until expended, to address 
damage caused by hurricanes and floods: Provided, That Congress 
hereby designates this amount as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergfency 
Deficit Control Act of 1985, as amended: Provided further, That 
this amount shall be available only to the extent that an official 
budget request for a specific dollar amount, that includes designa-
tion of the entire amount 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. 
BUREAU OF INDIAN AFFAIRS 
OPERATION O F INDIAN PROGRAMS 
For an additional amount for operation of Indian programs, 
$6,600,000, to remain available until expended, to repair damage 
caused by floods and to restore Indian lands damaged by fire: 
Provided, That Congress hereby designates this amount as an emer-
gency requirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985, as amend-
ed: Provided further. That this amount shall be available only 
to the extent that 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. 
CONSTRUCTION 
For an additional amount for construction, $6,000,000, to 
remain available until expended, to repair damage caused by floods: 
Provided, That Congress hereby designates this amount as an emer-
gency requirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985, as amend-
ed: Provided further. That this amount shall be available only 
to the extent that 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. 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
NATIONAL FOREST SYSTEM 
For an additional amount for the National Forest System, 
$3,395,000, to remain available until expended, to repair damage 
caused by hurricanes: Provided, That Congress hereby designates 
110 STAT. 3009-231 
PUBLIC LAW 104-208—SEPT. 30, 1996 
this amount 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: Provided further, That this amount 
shall be available only to the extent that 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. 
WILDLAND FIRE MANAGEMENT 
For an additional amount for wildland fire management, 
$550,000,000, 
to 
remain 
available 
until 
expended, 
for 
presuppression due to emergencies, for emergency fire suppression 
on or adjacent to National Forest System lands or other lands 
under fire protection agreement and for emergency rehabilitation 
of burned over National Forest System lands: Provided, That such 
funds are available for repayment of advances from other appropria-
tions accounts previously transferred for such purposes: Provided 
further. That Congress hereby designates this amount as an emer-
gency requirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985, as amend-
ed: Provided further. That this amount shall be available only 
to the extent that 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. 
RECONSTRUCTION AND CONSTRUCTION 
For an additional amount for reconstruction and construction, 
$5,210,000, to remain available until expended, to repair damage 
caused by hurricanes: Provided, That Congress hereby designates 
this amount 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: Provided further. That this amount 
shall be available only to the extent that 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. 
OTHER RELATED AGENCIES 
SMITHSONIAN INSTITUTION 
SALARIES AND EXPENSES 
For an additional amount for salaries and expenses, $935,000, 
to remain available until expended, to address anti-terrorism 
requirements: Provided, 
That Congress hereby designates this 
amount 
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: Provided further. That this amount 
shall be available only to the extent that 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 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-232 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress. 
JOHN F . KENNEDY CENTER FOR THE PERFORMING ARTS 
OPERATIONS AND MAINTENANCE 
For an additional amount for operations and maintenance, 
$1,600,000, to remain available until expended, to address anti-
terrorism requirements: Provided, That Congress hereby designates 
this amount 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: Provided further, That this amount 
shall be available only to the extent that 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. 
CONSTRUCTION 
For an additional amount for construction, $3,400,000, to 
remain available until expended, to address anti-terrorism require-
ments: Provided, That Congress hereby designates this amount 
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 this amount shall be available 
only to the extent that 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. 
NATIONAL GALLERY OF ART 
SALARIES AND EXPENSES 
For an additional amount for salaries and expenses, $382,000, 
to remain available until expended, to address anti-terrorism 
requirements: Provided, 
That Congress hereby designates this 
amount 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: Provided further, That this amount 
shall be available only to the extent that 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. 
UNITED STATES HOLOCAUST MEMORIAL COUNCIL 
HOLOCAUST MEMORIAL COUNCIL 
For an additional amount for the Holocaust Memorial Council, 
$1,000,000, to remain available until expended, to address anti-
terrorism requirements: Provided, That Congress hereby designates 
this amount 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: Provided further, That this amount 
110 STAT. 3009-233 
PUBLIC LAW 104-208—SEPT. 30, 1996 
shall be available only to the extent that 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. 
This Act may be cited as the "Department of the Interior 
and Related Agencies Appropriations Act, 1997". 
(e) For programs, projects or activities in the Departments 
of Labor, Health and Human Services, and Education, £ind Related 
Agencies Appropriations Act, 1997, provided as follows, to be effec-
tive as if it had been enacted into law as the regular appropriations 
Act: 
Departments of 
Labor, Health and 
Human Services, 
and Education, 
and Related 
Agencies 
Appropriations 
Act, 1997. 
Department of 
Labor 
Appropriations 
Act, 1997. 
AN ACT 
Making appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending September 30, 
1997, and for other purposes. 
TITLE I—DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
TRAINING A N D EMPLOYMENT SERVICES 
For expenses necessary to carry into effect the Job Training 
Partnership Act, as amended, including the purchase and hire 
of passenger motor vehicles, the construction, alteration, and repair 
of buildings and other facilities, and the purchase of real property 
for training centers as authorized by the Job Training Partnership 
Act; the Women in Apprenticeship and Nontraditional Occupations 
Act; the National Skill Standards Act of 1994; and the School-
to-Work Opportunities Act; $4,719,703,000 plus reimbursements, 
of which $3,559,408,000 is available for obligation for the period 
July 1, 1997 through June 30, 1998; of which $88,685,000 is avail-
able for the period July 1, 1997 through June 30, 2000 for necessary 
expenses of construction, rehabilitation, and acquisition of Job Corps 
centers; and of which $200,000,000 shall be available from July 
1, 1997 through September 30, 1998, for carrying out activities 
of 
the 
School-to-Work 
Opportunities 
Act: 
Provided, 
That 
$52,502,000 shall be for carrying out section 401 of the Job Training 
Partnership Act, $69,285,000 shall be for carrying out section 402 
of such Act, $7,300,000 shall be for carrying out section 441 of 
such Act, $8,000,000 shall be for all activities conducted by and 
through the National Occupational Information 
Coordinating 
Committee under such Act, $895,000,000 shall be for carrying out 
title II, part A of such Act, and $126,672,000 shall be for carrying 
out title II, part C of such Act: Provided further. That no funds 
from any other appropriation shall be used to provide meal services 
at or for Job Corps centers: Provided further. That funds provided 
to carry out title III of the Job Training Partnership Act shall 
not be subject to the limitation contained in subsection (b) of section 
315 of such Act; that the waiver allowing a reduction in the cost 
limitation relating to retraining services described in subsection 
(a)(2) of such section 315 may be granted with respect to funds 
from this Act if a substate grantee demonstrates to the Governor 
that such waiver is appropriate due to the availability of low-
cost retraining services, is necessary to facilitate the provision of 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-234 
needs-related payments to accompany long-term training, or is nec-
essary to facilitate the provision of appropriate basic readjustment 
services; and that funds provided to carry out the Secretary's discre-
tionary grants under part B of such title III may be used to 
provide needs-related payments to participants who, in lieu of meet-
ing the requirements relating to enrollment in training under sec-
tion 314(e) of such Act, are enrolled in training by the end of 
the sixth week after grant funds have been awarded: Provided 
further. That service delivery areas may transfer funding provided 
herein under authority of titles II-B and II-C of the Job Training 
Partnership Act between the programs authorized by those titles 
of that Act, if such transfer is approved by the Governor: Provided 
further, That service delivery areas and substate areas may transfer 
up to 20 percent of the funding provided herein under authority 
of title II-A and title III of the Job Training Partnership Act 
between the programs authorized by those titles of the Act, if 
such transfer is approved by the Governor: Provided further. That, 
notwithstanding any other provision of law, any proceeds from 
the sale of Job Corps center facilities shall be retained by the 
Secretary of Labor to carry out the Job Corps program: Provided 
further. That notwithstanding any other provision of law, the Sec-
retary of Labor may waive any of the statutory or regulatory re-
quirements of titles I-III of the Job Training Partnership Act (ex-
cept for requirements relating to wage and labor standards, worker 
rights, participation and protection, grievance procedures and judi-
cial review, nondiscrimination, allocation of funds to local areas, 
eligibility, review and approval of plans, the establishment and 
functions of service delivery areas and private industry councils, 
and the basic purposes of the Act), and any of the statutory or 
regulatory requirements of sections 8-10 of the Wagner-Peyser 
Act (except for requirements relating to the provision of services 
to unemployment insurance claimants and veterans, and to univer-
sal access to basic labor exchange services without cost to job 
seekers), only for funds available for expenditure in program year 
1997, pursuant to a request submitted by a State which identifies 
the statutory or regulatory requirements that are requested to 
be waived and the goals which the State or local service delivery 
areas intend to achieve, describes the actions that the State or 
local service delivery areas have undertaken to remove State or 
local statutory or regulatory barriers, describes the goals of the 
waiver and the expected programmatic outcomes if the request 
is granted, describes the individuals impacted by the waiver, and 
describes the process used to monitor the progress in implementing 
a waiver, and for which notice and an opportunity to comment 
on such request has been provided to the organizations identified 
in section 105(a)(1) of the Job Training Partnership Act, if and 
only to the extent that the Secretary determines that such require-
ments impede the ability of the State to implement a plan to 
improve the workforce development system and the State has exe-
cuted a Memorandum of Understanding with the Secretary requir-
ing such State to meet agreed upon outcomes and implement other 
appropriate measures to ensure accountability: Provided 
further. 
That the Secretary of Labor shall establish a workforce flexibility 
29 USC 1732 
(work-flex) partnership demonstration program under which the note. 
Secretary shall authorize not more than six States, of which at 
least three States shall each have populations not in excess of 
3,500,000, with a preference given to those States that have been 
110 STAT. 3009-235 
PUBLIC LAW 104-208—SEPT. 30, 1996 
designated Ed-Flex Partnership States under section 311(e) of Pub-
lic Law 103-227, to waive any statutory or regulatory requirement 
applicable to service delivery areas or substate areas within the 
State under titles I-III of the Job Training Partnership Act (except 
for requirements relating to wage and labor standards, grievance 
procedures and judicial review, nondiscrimination, allotment of 
funds, and eligibility), and any of the statutory or regulatory re-
quirements of sections 8-10 of the Wagner-Peyser Act (except for 
requirements relating to the provision of services to unemployment 
insurance claimants and veterans, and to universal access to basic 
labor exchange services without cost to job seekers), for a duration 
not to exceed the waiver period authorized under section 311(e) 
of Public Law 103-227, pursuant to a plan submitted by such 
States and approved by the Secretary for the provision of workforce 
emplo3mient and training activities in the States, which includes 
a description of the process by which service delivery areas and 
substate areas may apply for and have waivers approved by the 
State, the requirements of the Wagner-Peyser Act to be waived, 
the outcomes to be achieved and other measures to be taken to 
ensure appropriate accountability for federal funds. 
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS 
(TRANSFER OF FUNDS) 
To carry out the activities for national grants or contracts 
with public agencies and public or private nonprofit organizations 
under paragraph (1)(A) of section 506(a) of title V of the Older 
Americans Act of 1965, as amended, or to carry out older worker 
activities as subsequently authorized, $361,140,000, including 
$21,840,000 which shall be available for the period ending June 
30, 1997. 
To carry out the activities for grants to States under paragraph 
(3) of section 506(a) of title V of the Older Americans Act of 
1965, as amended, or to carry out older worker activities as subse-
quently authorized, $101,860,000, including $6,160,000 which shall 
be available for the period ending June 30, 1997. 
The funds appropriated under this heading shall be transferred 
to the Department of Health and Human Services, "Aging Services 
Programs" following the enactment of legislation authorizing the 
administration of the program by that Department. 
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES 
For payments during the current fiscal year of trade adjustment 
benefit pa3mients and allowances under part I, and for training, 
for allowances for job search and relocation, and for related State 
administrative expenses under part II, subchapters B and D, chap-
ter 2, title II of the Trade Act of 1974, as amended, $324,500,000, 
together with such amounts as may be necessary to be charged 
to the subsequent appropriation for payments for any period subse-
quent to September 15 of the current year. 
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE 
OPERATIONS 
For authorized administrative expenses, $173,452,000, together 
with not to exceed $3,146,826,000 (including not to exceed 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-236 
$1,653,000 which may be used for amortization pajmients to States 
which had independent retirement plans in their State employment 
service agencies prior to 1980, and including not to exceed 
$2,000,000 which may be obligated in contracts with non-State 
entities for activities such as occupational and test research activi-
ties which benefit the Federal-State Employment Service System), 
which may be expended from the Employment Security Administra-
tion account in the Unemployment Trust Fund including the cost 
of administering section 1201 of the Small Business Job Protection 
Act of 1996, section 7(d) of the Wagner-Peyser Act, as amended, 
the Trade Act of 1974, as amended, the Immigration Act of 1990, 
and the Immigration and Nationality Act, as amended, and of 
which the sums available in the allocation for activities authorized 
by title III of the Social Security Act, as amended (42 U.S.C. 
502-504), and the sums available in the allocation for necessary 
administrative expenses for carrying out 5 U.S.C. 8501-8523, shall 
be available for obligation by the States through December 31, 
1997, except that funds used for automation acquisitions shall 
be available for obligation by States through September 30, 1999; 
and of which $23,452,000, together with not to exceed $738,283,000 
of the amount which may be expended from said trust fund, shall 
be available for obligation for the period July 1, 1997 through 
June 30, 1998, to fund activities under the Act of June 6, 1933, 
as amended, including the cost of penalty mail authorized under 
39 U.S.C. 3202(a)(1)(E) made available to States in lieu of allot-
ments for such purpose, and of which $216,333,000 shall be avail-
able only to the extent necessary for additional State allocations 
to 
administer 
unemployment 
compensation 
laws 
to 
finance 
increases in the number of unemployment insurance claims filed 
and claims paid or changes in a State law: Provided, That to 
the extent that the Average Weekly Insured Unemployment (AWIU) 
for fiscal year 1997 is projected by the Department of Labor to 
exceed 2,828,000 an additional $28,600,000 shall be available for 
obligation for every 100,000 increase in the AWIU level (including 
a pro rata amount for any increment less than 100,000) from 
the Employment Security Administration Account of the Unemploy-
ment Trust Fund: Provided further. That funds appropriated in 
this Act which are used to establish a national one-stop career 
center network may be obligated in contracts, grants or agreements 
with non-State entities: Provided further. That funds appropriated 
under this Act for activities authorized under the Wagner-Peyser 
Act, as amended, and title III of the Social Security Act, may 
be used by the States to fund integrated Emplojnnent Service and 
Unemployment Insurance automation efforts, notwithstanding cost 
allocation principles prescribed under Office of Management and 
Budget Circular A-87. 
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS 
For repayable advances to the Unemployment Trust Fund as 
authorized by sections 905(d) and 1203 of the Social Security Act, 
as amended, and to the Black Lung Disability Trust Fund as 
authorized by section 9501(c)(1) of the Internal Revenue Code of 
1954, as amended; and for nonrepayable advances to the Unemploy-
ment Trust Fund as authorized by section 8509 of title 5, United 
States Code, section 104(d) of Public Law 102-164, and section 
5 of Public Law 103-6, and to the "Federal unemployment benefits 
110 STAT. 3009-237 
PUBLIC LAW 104-208—SEPT. 30, 1996 
and allowances" account, to remain available until September 30, 
1998, $373,000,000. 
In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 
15, 1997, for costs incurred by the Black Lung Disability Trust 
Fund in the current fiscal year, such sums as may be necessary. 
PROGRAM ADMINISTRATION 
For expenses of administering employment and training pro-
f
rams and for carrying out section 908 of the Social Security Act, 
81,393,000, together with not to exceed $39,977,000, which may 
be expended from the Employment Security Administration account 
in the Unemplo3mnent Trust Fund. 
PENSION AND WELFARE BENEFITS ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for Pension and Welfare Benefits 
Administration, $77,083,000, of which $6,000,000 shall remain 
available through September 30, 1998 for expenses of revising the 
processing of employee benefit plan returns. 
PENSION BENEFIT GUARANTY CORPORATION 
PENSION BENEFIT GUARANTY CORPORATION FUND 
The Pension Benefit Guaranty Corporation is authorized to make 
such expenditures, including financial assistance authorized by sec-
tion 104 of Public Law 96-364, within limits of funds and borrowing 
authority available to such Corporation, and in accord with law, 
and to make such contracts and commitments without regard to 
fiscal year limitations as provided by section 104 of the Government 
Corporation Control Act, as amended (31 U.S.C. 9104), as may 
be necessary in carrying out the program through September 30, 
1997, for 
such Corporation: Provided, 
That 
not to exceed 
$10,345,000 shall be available for administrative expenses of the 
Corporation: Provided further, That expenses of such Corporation 
in connection with the termination of pension plans, for the acquisi-
tion, protection or management, and investment of trust assets, 
and for benefits administration services shall be considered as 
non-administrative expenses for the purposes hereof, and excluded 
from the above limitation. 
EMPLOYMENT STANDARDS ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Emplo3nnent Standards Adminis-
tration, including reimbursement to State, Federal, and local agen-
cies 
and 
their 
employees 
for 
inspection 
services 
rendered, 
$290,422,000, together with $983,000 which may be expended from 
the Special Fund in accordance with sections 39(c) and 44(j) of 
the Longshore and Harbor Workers' Compensation Act: Provided, 
That the Secretary of Labor is authorized to accept, retain, and 
spend, until expended, in the name of the Department of Labor, 
all sums of money ordered to be paid to the Secretary of Labor, 
in accordance with the terms of the Consent Judgment in Civil 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-238 
Action No. 91-0027 of the United States District Court for the 
District of the Northern Mariana Islands (May 21, 1992): Provided 
further. That the Secretary of Labor is authorized to estabUsh 
and, in accordance with 31 U.S.C. 3302, collect and deposit in 
the Treasury fees for processing applications and issuing certificates 
under sections 11(d) and 14 of the Fair Labor Standards Act of 
1938, as amended (29 U.S.C. 211(d) and 214) and for processing 
applications and issuing registrations under Title I of the Migrant 
and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1801 
et seq. 
SPECIAL BENEFITS 
(INCLUDING TRANSFER OF FUNDS) 
For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by title 5, chapter 81 of the United States 
Code; continuation of benefits as provided for under the head 
"Civilian War Benefits" in the Federal Security Agency Appropria-
tion Act, 1947; the Employees' Compensation Commission Appro-
priation Act, 1944; and sections 4(c) and 5(f) of the War Claims 
Act of 1948 (50 U.S.C. App. 2012); and 50 per centum of the 
additional compensation and benefits required by section 10(h) of 
the Longshore and Harbor Workers' Compensation Act, as amended, 
$213,000,000 together with such amounts as may be necessary 
to be charged to the subsequent year appropriation for the payment 
of compensation and other benefits for any period subsequent to 
August 15 of the current year: Provided, That such sums as are 
necessary may be used under section 8104 of title 5, United States 
Code, by the Secretary to reimburse an employer, who is not the 
employer at the time of injury, for portions of the salary of a 
reemployed, disabled beneficiary: Provided further. That balances 
of reimbursements unobligated on September 30, 1996, shall remain 
available until expended for the payment of compensation, benefits, 
and expenses: Provided further. That in addition there shall be 
transferred to this appropriation from the Postal Service and from 
any other corporation or instrumentality required under section 
8147(c) of title 5, United States Code, to pay an amount for its 
fair share of the cost of administration, such sums as the Secretary 
of Labor determines to be the cost of administration for employees 
of such fair share entities through September 30, 1997: Provided 
further. That of those funds transferred to this account from the 
fair share entities to pay the cost of administration, $11,390,000 
shall be made available to the Secretary of Labor for expenditures 
relating to capital improvements in support of Federal Employees' 
Compensation Act administration, and the balance of such funds 
shall be paid into the Treasury as miscellaneous receipts: Provided 
further. That the Secretary may require that any person filing 
a notice of injury or a claim for benefits under Subchapter 5, 
U.S.C, chapter 81, or under subchapter 33, U.S.C. 901, et seq. 
(the Longshore and Harbor Workers' Compensation Act, as amend-
ed), provide as part of such notice and claim, such identifying 
information (including Social Security account number) as such 
regulations may prescribe. 
110 STAT. 3009-239 
PUBLIC LAW 104-208—SEPT. 30, 1996 
BLACK LUNG DISABILITY TRUST FUND 
(INCLUDING TRANSFER OF FUNDS) 
For payments from the Black Lung Disability Trust Fund, 
$1,007,644,000, of which $961,665,000 shall be available until 
September 30, 1998, for payment of all benefits as authorized 
by section 9501(d) (1), (2), (4), and (7) of the Internal Revenue 
Code of 1954, as amended, and interest on advances as authorized 
by section 9501(c)(2) of that Act, and of which $26,071,000 shall 
be available for transfer to Employment Standards Administration, 
Salaries and Expenses, $19,621,000 for transfer to Departmental 
Management, Salaries and Expenses, and $287,000 for transfer 
to Departmental Management, Office of Inspector General, for 
expenses of operation and administration of the Black Lung Benefits 
program as authorized by section 9501(d)(5)(A) of that Act: Pro-
vided, That, in addition, such amounts as may be necessary may 
be charged to the subsequent year appropriation for the payment 
of compensation, interest, or other benefits for any period subse-
quent to August 15 of the current year: Provided further. That 
in addition such amounts shall be paid from this fund into mis-
cellaneous receipts as the Secretary of the Treasury determines 
to be the administrative expenses of the Department of the Treasury 
for administering the fund during the current fiscal year, as author-
ized by section 9501(d)(5)(B) of that Act. 
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Occupational Safety and Health 
Administration, $325,734,000, including not to exceed $77,354,000 
which shall be the maximum amount available for grants to States 
under section 23(g) of the Occupational Safety and Health Act, 
which grants shall be no less than fifty percent of the costs of 
State occupational safety and health programs required to be 
incurred under plans approved by the Secretary under section 18 
of the Occupational Safety and Health Act of 1970; and, in addition, 
29 use 670 note, notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $750,000 per fiscal year 
of training institute course tuition fees, otherwise authorized by 
law to be collected, and may utilize such sums for occupational 
safety and health training and education grants: Provided, That, 
notwithstanding 31 U.S.C. 3302, the Secretary of Labor is author-
ized, during the fiscal year ending September 30, 1997, to collect 
and retain fees for services provided to Nationally Recognized Test-
ing Laboratories, and may utilize such sums, in accordance with 
the provisions of 29 U.S.C. 9a, to administer national and inter-
national laboratory recognition programs that ensure the safety 
of equipment and products used by workers in the workplace: 
Provided further. That none of the funds appropriated under this 
paragraph shall be obligated or expended to prescribe, issue, admin-
ister, or enforce any standard, rule, regulation, or order under 
the Occupational Safety and Health Act of 1970 which is applicable 
to any person who is engaged in a farming operation which does 
not maintain a temporary labor camp and employs ten or fewer 
employees: Provided further, That no funds appropriated under 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-240 
this paragraph shall be obligated or expended to administer or 
enforce any standard, rule, regulation, or order under the Occupa-
tional Safety and Health Act of 1970 with respect to any employer 
of ten or fewer employees who is included within a category having 
an occupational injury lost workday case rate, at the most precise 
Standard Industrial Classification Code for which such data are 
published, less than the national average rate as such rates are 
most recently published by the Secretary, acting through the Bureau 
of Labor Statistics, in accordance with section 24 of that Act (29 
U.S.C. 673), except— 
(1) to provide, as authorized by such Act, consultation, 
technical assistance, educational and training services, and to 
conduct surveys and studies; 
(2) to conduct an inspection or investigation in response 
to an employee complaint, to issue a citation for violations 
found during such inspection, and to assess a penalty for viola-
tions which are not corrected within a reasonable abatement 
period and for any willful violations found; 
(3) to take any action authorized by such Act with respect 
to imminent dangers; 
(4) to take any action authorized by such Act with respect 
to health hazards; 
(5) to take any action authorized by such Act with respect 
to a report of an employment accident which is fatal to one 
or more employees or which results in hospitalization of two 
or more employees, and to take any action pursuant to such 
investigation authorized by such Act; and 
(6) to take any action authorized by such Act with respect 
to complaints of discrimination against employees for exercising 
rights under such Act: Provided further. That the foregoing 
proviso shall not apply to any person who is engaged in a 
farming operation which does not maintain a temporary labor 
camp and employs ten or fewer employees. 
MINE SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Mine Safety and Health 
Administration, $197,810,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-
aid work, and the hire of passenger motor vehicles; the Secretary 30 USC 962. 
is authorized to accept lands, buildings, equipment, and other con-
tributions from public and private sources and to prosecute projects 
in cooperation with other agencies. Federal, State, or private; the 
Mine Safety and Health Administration is authorized to promote 
health and safety education and training in the mining community 
through cooperative programs with States, industry, and safety 
associations; and any funds available to the Department may be 
used, with the approval of the Secretary, to provide for the costs 
of mine rescue and survival operations in the event of a major 
disaster: Provided, That none of the funds appropriated under this 
paragraph shall be obligated or expended to carry out section 115 
of the Federal Mine Safety and Health Act of 1977 or to carry 
out that portion of section 104(g)(1) of such Act relating to the 
enforcement of any training requirements, with respect to shell 
dredging, or with respect to any sand, gravel, surface stone, surface 
clay, colloidal phosphate, or surface limestone mine. 
110 STAT. 3009-241 
PUBLIC LAW 104-208—SEPT. 30, 1996 
BUREAU OF LABOR STATISTICS 
SALARIES AND EXPENSES 
For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $309,647,000, 
of which $16,145,000 shall be for expenses of revising the Consumer 
Price Index and shall remain available until September 30, 1998, 
together with not to exceed $52,053,000, which may be expended 
from the Employment Security Administration account in the Un-
employment Trust Fund. 
DEPARTMENTAL MANAGEMENT 
SALARIES A N D EXPENSES 
For necessary expenses for Departmental Management, includ-
ing the hire of three sedans, and including up to $4,358,000 for 
the President's Committee on Employment of People With Disabil-
ities, $144,211,000; together with not to exceed $297,000, which 
may be expended from the Employment Security Administration 
33 use 921 note, account in the Unemployment Trust Fund: Provided, That no funds 
made available by this Act may be used by the Solicitor of Labor 
to participate in a review in any United States court of appeals 
of any decision made by the Benefits Review Board under section 
21 of the Longshore and Harbor Workers' Compensation Act (33 
U.S.C. 921) where such participation is precluded by the decision 
of the United States Supreme Court in Director, Office of Workers' 
Compensation Programs v. Newport News Shipbuilding, 115 S. 
Ct. 1278 (1995): Provided further. That no funds made available 
by this Act may be used by the Secretary of Labor to review 
a decision under the Longshore and Harbor Workers' Compensation 
Act (33 U.S.C. 901 et seq.) that has been appealed and that has 
been pending before the Benefits Review Board for more than 
12 months: Provided further. That any such decision pending a 
review by the Benefits Review Board for more than one year shall 
be considered affirmed by the Benefits Review Board on that date, 
and shall be considered the final order of the Board for purposes 
of obtaining a review in the United States courts of appeals: Pro-
vided further, That these provisions shall not be applicable to the 
review of any decision issued under the Black Lung Benefits Act 
(30 U.S.C. 90 l e t seq.). 
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING 
Not to exceed $181,949,000 may be derived from the Employ-
ment Security Administration account in the Unemployment Trust 
Fund to carry out the provisions of 38 U.S.C. 410()-4110A and 
4321-4327, and Public Law 103-353, and which shall be available 
for obligation by the States through December 31, 1997. 
OFFICE OF INSPECTOR GENERAL 
For salaries and expenses of the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, $42,938,000, together with not to exceed 
$3,543,000, which may be expended from the Employment Security 
Administration account in the Unemplo3mient Trust Fund. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-242 
GENERAL PROVISIONS 
SEC. 101. None of the funds appropriated in this title for 
the Job Corps shall be used to pay the compensation of an individ-
ual, either as direct costs or any proration as an indirect cost, 
at a rate in excess of $125,000. 
(TRANSFER OF FUNDS) 
SEC. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control 
Act, as amended) which are appropriated for the current fiscal 
year for the Department of Labor in this Act may be transferred 
between appropriations, but no such appropriation shall be 
increased by more than 3 percent by any such transfer: Provided, 
That the Appropriations Committees of both Houses of Congress 
are notified at least fifteen days in advance of any transfer. 
SEC. 103. Funds shall be available for carr5dng out title IV-
B of the Job Training Partnership Act, notwithstanding section 
427(c) of that Act, if a Job Corps center fails to meet national 
performance standards established by the Secretary. 
SEC. 104. Effective January 1, 1997, no funds appropriated 
or otherwise made available to the Department of Labor in this 
title shall be disbursed without the approval of the Department's 
Chief Financial Officer or his delegatee. 
SEC. 105. Notwithstanding any other provision of law, the 
Secretary of Labor may waive any of the requirements contained 
in sections 4, 104, 105, 107, 108, 121, 164, 204, 253, 254, 264, 
301, 311, 313, 314, and 315 of the Job Training Partnership Act 
in order to assist States in improving State workforce development 
systems, pursuant to a request submitted by a State that has 
prior to the date of enactment of this Act executed a Memorandum 
of Understanding with the United States requiring such State to 
meet agreed upon outcomes. 
This title may be cited as the "Department of Labor Appropria-
tions Act, 1997". 
TITLE II—DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
HEALTH RESOURCES AND SERVICES ADMINISTRATION 
HEALTH RESOURCES AND SERVICES 
For carrying out titles II, III, VII, VIII, X, XII, XVI, XIX, 
and XXVI of the Public Health Service Act, section 427(a) of the 
Federal Coal Mine Health and Safety Act, title V of the Social 
Security Act, the Health Care Quality Improvement Act of 1986, 
as amended, and the Native Hawaiian Health Care Act of 1988, 
as amended, $3,405,019,000, of which $297,000 shall remain avail-
able until expended for interest subsidies on loan guarantees made 
prior to fiscal year 1981 under part B of title VII of the Public 
Health Service Act: Provided, That the Division of Federal Occupa-
tional Health may utilize personal services contracting to employ 
professional management/administrative and occupational health 
professionals: Provided further, That of the funds made available 
under this heading, $828,000 shall be available until expended 
for facilities renovations at the Gillis W. Long Hansen's Disease 
Department of 
Health and 
Human Services 
Appropriations 
Act, 1997. 
110 STAT. 3009-243 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Center: Provided further. That in addition to fees authorized by 
section 427(b) of the Health Care QuaHty Improvement Act of 
1986, fees shall be collected for the full disclosure of information 
under the Act sufficient to recover the full costs of operating the 
National Practitioner Data Bank, and shall remain available until 
expended to carry out that Act: Provided further. That no more 
than $5,000,000 is available for carrying out the provisions of 
Public Law 104-73: Provided further. That of the funds made avail-
able under this heading, $198,452,000 shall be for the program 
under title X of the Public Health Service Act to provide for vol-
untary family planning projects: Provided further. That amounts 
provided to said projects under such title shall not be expended 
for abortions, that all pregnancy counseling shall be nondirective, 
and that such amounts shall not be expended for any activity 
(including the publication or distribution of literature) that in any 
way tends to promote public support or opposition to any legislative 
proposal or candidate for public office: Provided further. 
That 
$167,000,000 shall be for State AIDS Drug Assistance Programs 
authorized by section 2616 of the Public Health Service Act and 
shall be distributed to States as authorized by section 2618(b)(2) 
of such Act: Provided further. That notwithstanding any other provi-
sion of law, funds made available under this heading may be 
used to continue operating the Council on Graduate Medical Edu-
cation established by section 301 of Public Law 102-408: Provided 
further. That, of the funds made available under this heading, 
not more than $8,000,000 shall be made available and shall remain 
available until expended for loan guarantees for loans made by 
non-Federal lenders for the construction, renovation, and mod-
ernization of medical facilities that are owned and operated by 
health centers funded under part A of title XVI of the Public 
Health Service Act as amended, and, subject to authorization, for 
loans made to health centers for the costs of developing and operat-
ing managed care networks or plans, and that such funds be avail-
able to subsidize guarantees of total loan principal in an amount 
not to exceed $80,000,000: Provided further, That notwithstanding 
section 502(a)(1) of the Social Security Act, not to exceed 
$103,609,000 is available for carrying out special projects of regional 
and national significance pursuant to section 501(a)(2) of such Act. 
MEDICAL FACILITIES GUARANTEE AND LOAN FUND 
FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES 
For carr3dng out subsections (d) and (e) of section 1602 of 
the Public Health Service Act, $7,000,000, together with any 
amounts received by the Secretary in connection with loans and 
loan guarantees under title VI of the Public Health Service Act, 
to be available without fiscal year limitation for the pa5mient of 
interest subsidies. During the fiscal year, no commitments for direct 
loans or loan guarantees shall be made. 
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM 
For the cost of guaranteed loans, such sums as may be nec-
essary to carry out the purpose of the program, as authorized 
by title VII of the Public Health Service Act, as amended: Provided, 
That such costs, including the cost of modifying such loans, shall 
be as defined in section 502 of the Congressional Budget Act of 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-244 
1974: Provided further. That these funds are available to subsidize 
gross obligations for the total loan principal any part of which 
is to be guaranteed at not to exceed $140,000,000. In addition, 
for administrative expenses to carry out the guaranteed loan pro-
gram, $2,688,000. 
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND 
For payments from the Vaccine Injury Compensation Program 
Trust Fund, such sums as may be necessary for claims associated 
with vaccine-related injury or death with respect to vaccines 
administered after September 30, 1988, pursuant to subtitle 2 of 
title XXI of the Public Health Service Act, to remain available 
until expended: Provided, 
That for necessary 
administrative 
expenses, not to exceed $3,000,000 shall be available from the 
Trust Fund to the Secretary of Health and Human Services. 
VACCINE INJURY COMPENSATION 
For pa5anent of claims resolved by the United States Court 
of Federal Claims related to the administration of vaccines before 
October 1, 1988, $110,000,000, to remain available until expended. 
CENTERS FOR DISEASE CONTROL AND PREVENTION 
DISEASE CONTROL, RESEARCH, AND TRAINING 
To carry out titles II, III, VII, XI, XV, XVII, and XIX of the 
Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 
301, and 501 of the Federal Mine Safety and Health Act of 1977, 
and sections 20, 21 and 22 of the Occupational Safety and Health 
Act of 1970, title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980; includ-
ing insurance of official motor vehicles in foreign countries; and 
hire, maintenance, and operation of aircraft, $2,262,698,000, of 
which $30,553,000 shall remain available until expended for equip-
ment and construction and renovation of facilities, and of which 
$32,000,000 shall remain available until September 30, 1998 for 
mine safety and health activities, and in addition, such sums as 
may be derived from authorized user fees, which shall be credited 
to this account: Provided, That in addition to amounts provided 
herein, up to $48,400,000 shall be available from amounts available 
under section 241 of the Public Health Service Act, to carry out 
the National Center for Health Statistics surveys: Provided further. 
That none of the funds made available for injury prevention and 
control at the Centers for Disease Control and Prevention may 
be used to advocate or promote gun control: Provided further. That 
the Director may redirect the total amount made available under 
authority of Public Law 101-502, section 3, dated November 3, 
1990, to activities the Director may so designate: Provided 
further. 
That the Congress is to be notified promptly of any such transfer: 
Provided further. That the functions described in clause (1) of 30 USC l note, 
the first proviso under the subheading "mines and minerals" under 
the heading "Bureau of Mines" in the text of title I of the Depart-
ment of the Interior and Related Agencies Appropriations Act, 
1996, as enacted by section 101 (c) of the Omnibus Consolidated 
Rescissions and Appropriations Act of 1996 (Public Law 104-134), 
are hereby transferred to, and vested in, the Secretary of Health 
110 STAT. 3009-245 
PUBLIC LAW 104-208—SEPT. 30, 1996 
and Human Services, subject to section 1531 of title 31, United 
States Code: Provided further, 
That of the amount provided, 
$23,000,000 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. 
In addition, $41,000,000, to be derived from the Violent Crime 
Reduction Trust Fund, for carrying out sections 40151 and 40261 
of Public Law 103-322. 
NATIONAL INSTITUTES OF HEALTH 
NATIONAL CANCER INSTITUTE 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $2,382,532,000. 
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE 
For canying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, $1,433,001,000. 
NATIONAL INSTITUTE OF DENTAL RESEARCH 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $195,997,000. 
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY 
DISEASES 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney dis-
ease, $815,982,000. 
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$726,746,000. 
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$1,257,234,000. 
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES 
For carrying out section 301 and title FV of the Public Health 
Service Act with respect to general medical sciences, $998,470,000. 
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$631,703,000. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-246 
NATIONAL EYE INSTITUTE 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$332,735,000. 
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES 
For carrying out sections 301 and 311 and title IV of the 
Public Health Service Act with respect to environmental health 
sciences, $308,819,000. 
NATIONAL INSTITUTE ON AGING 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $486,047,000. 
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN 
DISEASES 
For canying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, $257,111,000. 
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION 
DISORDERS 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication dis-
orders, $188,422,000. 
NATIONAL INSTITUTE OF NURSING RESEARCH 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $59,743,000. 
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and 
alcoholism, 
$212,004,000. 
NATIONAL INSTITUTE ON DRUG ABUSE 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $489,375,000. 
NATIONAL INSTITUTE OF MENTAL HEALTH 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $701,585,000. 
NATIONAL 
CENTER 
FOR 
RESEARCH 
RESOURCES 
For canying out section 301 and title FV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $415,145,000: Provided, That none of these funds 
shall be used to pay recipients of the general research support 
grants program any amount for indirect expenses in connection 
with such grants: Provided further, That $20,000,000 shall be for 
extramural facilities construction grants. 
110 STAT. 3009-247 
PUBLIC LAW 104-208—SEPT. 30, 1996 
NATIONAL CENTER FOR HUMAN GENOME RESEARCH 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $189,657,000. 
JOHN E. FOGARTY INTERNATIONAL CENTER 
For carrying out the activities at the John E. Fogarty Inter-
national Center, $26,586,000. 
NATIONAL LIBRARY OF MEDICINE 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$151,103,000, of which $4,000,000 shall be available until expended 
for improvement of information systems: Provided, That in fiscal 
year 1997, the Library may enter into personal services contracts 
for the provision of services in facilities owned, operated, or con-
structed under the jurisdiction of the National Institutes of Health. 
OFFICE OF THE DIRECTOR 
(INCLUDING TRANSFER OF FUNDS) 
For carrjdng out the responsibilities of the Office of the Director, 
National Institutes of Health, $287,206,000, of which $35,589,000 
shall be for the Office of AIDS Research: Provided, That funding 
shall be available for the purchase of not to exceed five passenger 
motor vehicles for replacement only: Provided further. That the 
Director may direct up to 1 percent of the total amount made 
available in this Act to all National Institutes of Health appropria-
tions to activities the Director may so designate: Provided 
further. 
That no such appropriation shall be increased or decreased by 
more than 1 percent by any such transfers and that the Congress 
is promptly notified of the transfer: Provided further. That NIH 
is authorized to collect third party pajonents for the cost of clinical 
services that are incurred in National Institutes of Health research 
facilities and that such pajnnents shall be credited to the National 
Institutes of Health Management Fund: Provided further. 
That 
all funds credited to the NIH Management Fund shall remain 
available for one fiscal year after the fiscal year in which they 
are deposited: Provided further. That up to $200,000 shall be avail-
able to carry out section 499 of the Public Health Service Act. 
BUILDINGS AND FACILITIES 
For the study of, construction of, and acquisition of equipment 
for, facilities of or used by the National Institutes of Health, includ-
ing the acquisition of real property, $200,000,000, to remain avail-
able until expended, of which $90,000,000 shall be for the clinical 
research center: Provided, That, notwithstanding any other provi-
sion of law, a single contract or related contracts for the develop-
ment and construction of the clinical research center may be 
employed which collectively include the full scope of the project: 
Provided further. That the solicitation and contract shall contain 
the clause "availabihty of funds" found at 48 CFR 52.232-18. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-248 
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION 
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 
For carrying out titles V and XIX of the Public Health Service 
Act with respect to substance abuse and mental health services, 
the Protection and Advocacy for Mentally 1
1
1 Individuals Act of 
1986, 
section 30401 of Public Law 103-322 and section 301 of 
the Public Health Service Act with respect to program management, 
$2,134,743,000, of which $5,000,000 shall be for grants to rural 
and Native American projects and $12,800,000 shall be for activities 
authorized by section 30401 of Public Law 103-322. 
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED 
OFFICERS 
For retirement pay and medical benefits of Public Health Serv-
ice Commissioned Officers as authorized by law, and for payments 
under the Retired Serviceman's Family Protection Plan and Survi-
vor Benefit Plan and for medical care of dependents and retired 
personnel under the Dependents' Medical Care Act (10 U.S.C. ch. 
55), and for payments pursuant to section 229(b) of the Social 
Security Act (42 U.S.C. 429(b)), such amounts as may be required 
during the current fiscal year. 
AGENCY FOR HEALTH CARE POLICY AND RESEARCH 
HEALTH 
CARE 
POLICY 
AND 
RESEARCH 
For carr3dng out titles III and D
C of the Public Health Service 
Act, and part A of title XI of the Social Security Act, $96,175,000; 
in addition, amounts received from Freedom of Information Act 
fees, reimbursable and interagency agreements, and the sale of 
data tapes shall be credited to this appropriation and shall remain 
available until expended: Provided, That the amount made available 
pursuant to section 926(b) of the Public Health Service Act shall 
not exceed $47,412,000. 
HEALTH CARE FINANCING ADMINISTRATION 
GRANTS T O S T A T E S FOR MEDICAID 
For carrying out, except as otherwise provided, titles XI and 
XIX of the Social Security Act, $75,056,618,000, to remain available 
until expended. 
For making, after May 31, 1997, payments to States under 
title XDC of the Social Security Act for the last quarter of fiscal 
year 1997 for unanticipated costs, incurred for the current fiscal 
year, such sums as may be necessary. 
For making payments to States under title XIX of the Social 
Security 
Act 
for 
the 
first 
quarter 
of 
fiscal 
year 
1998, 
$27,988,993,000, to remain available until expended. 
Payment under title XDC may be made for any quarter with 
respect to a State plan or plan amendment in effect during such 
quarter, if submitted in or prior to such quarter and approved 
in that or any subsequent quarter. 
, 
110 STAT. 3009-249 
PUBLIC LAW 104-208—SEPT. 30, 1996 
PAYMENTS TO HEALTH CARE TRUST FUNDS 
For payment to the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as provided under 
sections 217(g) and 1844 of the Social Security Act, sections 103(c) 
and 111(d) of the Social Security Amendments of 1965, section 
278(d) of Public Law 97-248, and for administrative expenses 
incurred pursuant to section 201(g) of the Social Security Act, 
$60,079,000,000. 
PROGRAM MANAGEMENT 
For carrying out, except as otherwise provided, titles XI, XVIII, 
and XIX of the Social Security Act, title XIII of the Public Health 
Service Act, and the Clinical Laboratory Improvement Amendments 
of 1988, not to exceed $1,735,125,000 to be transferred from the 
Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds, as authorized by section 201(g) of the 
Social Security Act; together with all funds collected in accordance 
with section 353 of the Public Health Service Act, the latter funds 
to remain available until expended, together with such sums as 
may be collected from authorized user fees and the sale of data, 
which shall remain available until expended: Provided, That all 
funds derived in accordance with 31 U.S.C. 9701 from organizations 
established under title XIII of the Public Health Service Act are 
to be credited to and available for carr3dng out the purposes of 
this appropriation. 
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE 
FUND 
For carrying out subsections (d) and (e) of section 1308 of 
the Public Health Service Act, any amounts received by the Sec-
retary in connection with loans and loan guarantees under title 
XIII of the Public Health Service Act, to be available without 
fiscal year limitation for the pa5anent of outstanding obligations. 
During fiscal year 1997, no commitments for direct loans or loan 
guarantees shall be made. 
ADMINISTRATION FOR CHILDREN AND FAMILIES 
FAMILY SUPPORT PAYMENTS TO STATES 
For making payments of such sums as necessary to each State 
for carrying out the program of Aid to Families with Dependent 
Children under title IV-A of the Social Security Act in fiscal year 
1997 before the effective date of the program of Temporary Assist-
ance to Needy Families (TANF) with respect to such State: Provided, 
That the sum of the amounts available to a State with respect 
to expenditures under such title IV-A in fiscal year 1997 under 
this appropriation and under such title IV-A as amended by the 
Personal Responsibility and Work Opportunity Reconciliation Act 
of 1996 shall not exceed the limitations under section 116(b) of 
such Act. 
For making pa5niients to States for carrying out title IV-A 
(other than section 402(g)(6)) of the Social Security Act in calendar 
quarters prior to October 1, 1996, such sums as may be necessary. 
For making payments to States or other non-Federal entities 
under titles I, IV-D, X, XI, XIV, and XVI of the Social Security 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-250 
Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), $2,158,000,000 
to remain available until expended. 
For making, after May 31 of the current fiscal year, payments 
to States or other non-Federal entities under titles I, IV-D, X, 
XI, XIV, and XVI of the Social Security Act, for the last three 
months of the current year for unanticipated costs, incurred for 
the current fiscal year, such sums as may be necessary. 
For making payments to States or other non-Federal entities 
under titles I, IV-D, X, XI, XIV, and XVI of the Social Security 
Act and the Act of July 5, 1960 (24 U.S.C. ch. 9) for the first 
quarter of fiscal year 1998, $607,000,000, to remain available until 
expended. 
JOB OPPORTUNITIES AND BASIC SKILLS 
For carrying out aid to families with dependent children work 
programs, as authorized by part F of title IV of the Social Security 
Act, $1,000,000,000. 
LOW INCOME HOME ENERGY ASSISTANCE 
For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,000,000,000. 
For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,000,000,000, to be available for obliga-
tion in the period October 1, 1997 through September 30, 1998. 
REFUGEE AND ENTRANT ASSISTANCE 
For making payments for refugee and entrant assistance activi-
ties authorized by title IV of the Immigration and Nationality 
Act and section 501 of the Refugee Education Assistance Act of 
1980 (Public Law 96-422), $412,076,000: Provided, That funds 
appropriated pursuant to section 414(a) of the Immigration and 
Nationality Act under Public Law 103-333 for fiscal year 1995 
shall be available for the costs of assistance provided and other 
activities conducted in such year and in fiscal years 1996 and 
1997. 
CHILD CARE AND DEVELOPMENT BLOCK GRANT 
(INCLUDING TRANSFER OF FUNDS) 
For carrying out sections 658A through 658R of the Omnibus 
Budget Reconciliation Act of 1981 (The Child Care and Development 
Block Grant Act of 1990), $956,120,000, of which $937,000,000 
shall become available on October 1, 1997 and shall remain avail-
able through September 30, 1998: Provided, That $19,120,000 shall 
become available for obligation on October 1, 1996 for child care 
resource and referral and school-aged child care activities, of which 
$6,120,000 shall be derived from an amount that shall be trans-
ferred from the amount appropriated under section 452(j) of the 
Social Security Act (42 U.S.C. 6520)) for fiscal year 1996 and 
remaining available for expenditure. 
SOCIAL 
SERVICES 
BLOCK GRANT 
For making grants to States pursuant to section 2002 of the 
Social Security Act, $2,500,000,000: Provided, That notwithstanding 
section 2003(c) of such Act, as amended, the amount specified 
110 STAT. 3009-251 
PUBLIC LAW 104-208—SEPT. 30, 1996 
for allocation under such section for fiscal year 1997 shall be 
$2,500,000,000. 
CHILDREN AND FAMILIES SERVICES PROGRAMS 
(INCLUDING RESCISSIONS) 
For carrying out, except as otherwise provided, the Runaway 
and Homeless Youth Act, the Developmental Disabilities Assistance 
and Bill of Rights Act, the Head Start Act, the Child Abuse Preven-
tion and Treatment Act, the Temporary Child Care for Children 
with Disabilities and Crisis Nurseries Act of 1986, section 429A, 
part B of title IV of the Social Security Act, section 413 of the 
Social Security Act, the Family Violence Prevention and Services 
Act, the Native American Programs Act of 1974, title II of Public 
Law 95-266 (adoption opportunities), the Abandoned Infants Assist-
ance Act of 1988, and part B(l) of title IV of the Social Security 
Act; for making payments under the Community Services Block 
Grant Act; and for necessary administrative expenses to carry out 
said Acts and titles I, IV, X, XI, XIV, XVI, and XX of the Social 
Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus 
Budget Reconciliation Act of 1981, title IV of the Immigration 
and Nationality Act, section 501 of the Refugee Education Assist-
ance Act of 1980, and section 126 and titles IV and V of Public 
Law 100-485, $5,363,569,000, of which $536,432,000 shall be for 
making payments under the Community Services Block Grant Act: 
Provided, That to the extent Community Services Block Grant 
funds are distributed as grant funds by a State to an eligible 
entity as provided under the Act, and have not been expended 
by such entity, they shall remain with such entity for carryover 
into the next fiscal year for expenditure by such entity consistent 
with program purposes: Provided further. That of the amount appro-
priated for fiscal year 1997 under section 672(a) of the Community 
Services Block Grant Act, the Secretary shall use up to one percent 
of the funds available to correct allocation errors that occurred 
in fiscal year 1995 and fiscal year 1996 to ensure that the minimum 
allotment to each State for each of fiscal years 1995 and 1996 
would be $2,222,460: Provided further. That no more than one-
half of one percent of the funds available under section 672(a) 
shall be used for the purposes of section 674(a) of the Community 
Services Block Grant Act. 
In addition, $20,000,000, to be derived from the Violent Crime 
Reduction Trust Fund, for carrying out sections 40155, 40211 and 
40241 of Public Law 103-322. 
Funds appropriated for fiscal year 1996 and fiscal year 1997 
under section 429A(e), part B of title IV of the Social Security 
Act shall be reduced by $6,000,000 in each such year. 
Funds appropriated for fiscal year 1997 under section 413(h)(1) 
of the Social Security Act shall be reduced by $15,000,000. 
FAMILY 
PRESERVATION 
AND 
SUPPORT 
For carrying out section 430 of the Social Security Act, 
$240,000,000. 
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE 
For making payments to States or other non-Federal entities, 
under title IV-E of the Social Security Act, $4,445,031,000. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-252 
For making pa5anents to States or other non-Federal entities, 
under title IV-E of the Social Security Act, for the first quarter 
of fiscal year 1998, $1,111,000,000. 
ADMINISTRATION ON AGING 
AGING SERVICES PROGRAMS 
For carrying out, to the extent not otherwise provided, the 
Older Americans Act of 1965, as amended, $830,168,000: Provided, 
That notwithstanding section 308(b)(1) of such Act, the amounts 
available to each State for administration of the State plan under 
title III of such Act shall be reduced not more than 5 percent 
below the amount that was available to such State for such purpose 
for fiscal year 1995: Provided further. That in considering grant 
applications for nutrition services for elder Indian recipients, the 
Assistant Secretary shall provide maximum flexibility to applicants 
\.ho seek to take into account subsistence, local customs and other 
characteristics that are appropriate to the unique cultural, regional 
and geographic needs of the American Indian, Alaskan and Hawai-
ian native communities to be served. 
OFFICE OF THE SECRETARY 
GENERAL DEPARTMENTAL MANAGEMENT 
For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for 
carrying out titles III, XVII, and XX of the Public Health Service 
Act, $174,523,000, together with $5,851,000, to be transferred and 
expended as authorized by section 201(g)(1) of the Social Security 
Act from the Hospital Insurance Trust Fund and the Supplemental 
Medical Insurance Trust Fund: Provided, That of the funds made 
available under this heading for carr)dng out title XVII of the 
Public Health Service Act, $11,500,000 shall be available until 
expended for extramural construction: Provided further. That not-
withstanding section 2010 (b) and (c) under title XX of the Public 
Health Service Act, as amended, of the funds made available under 
this heading, $10,879,000 shall be for activities specified under 
section 2003(b)(2) of title XX of the Public Health Service Act, 
as amended, and of which $9,011,000 shall be for prevention grants 
under section 510(b)(2) of title V of the Social Security Act, as 
amended: Provided further. That of the amount provided, $5,775,000 
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. 
OFFICE OF INSPECTOR GENERAL 
For expenses necessary for the Office of Inspector General 
in canying out the provisions of the Inspector General Act of 
1978, as amended, $32,999,000, together with any funds, to remain 
available until expended, that represent the equitable share from 
the forfeiture of property in investigations in which the Office 
of Inspector General participated, and which are transferred to 
the Office of Inspector Greneral by the Department of Justice, the 
Department of the Treasury, or the United States Postal Service. 
110 STAT. 3009-253 
PUBLIC LAW 104-208—SEPT. 30, 1996 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil Rights, 
$16,216,000, together with not to exceed $3,314,000, to be trans-
ferred and expended as authorized by section 201(g)(1) of the Social 
Security Act from the Hospital Insurance Trust Fund and the 
Supplemental Medical Insurance Trust Fund. 
POLICY RESEARCH 
For carrying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act and section 
301(1) of Public Law 
104-191, $18,500,000: Provided, 
That 
$9,500,000, to remain available until September 30, 1998, shall 
be for carrying out section 301(1) of Public Law 104-191. 
GENERAL PROVISIONS 
SEC. 201. Funds appropriated in this title shall be available 
for not to exceed $37,000 for official reception and representation 
expenses when specifically approved by the Secretary. 
SEC. 202. The Secretary shall make available through assign-
ment not more than 60 employees of the Public Health Service 
to assist in child survival activities and to work in AIDS programs 
through and with funds provided by the Agency for International 
Development, the United Nations International Children's Emer-
gency Fund or the World Health Organization. 
SEC. 203. None of the funds appropriated under this Act may 
be used to implement section 399L(b) of the Public Health Service 
Act or section 1503 of the National Institutes of Health Revitaliza-
tion Act of 1993, PubUc Law 103-43. 
SEC. 204. None of the funds made available by this Act may 
be used to withhold payment to any State under the Child Abuse 
Prevention and Treatment Act by reason of a determination that 
the State is not in compliance with section 1340.2(d)(2)(ii) of title 
45 of the Code of Federal Regulations. This provision expires upon 
the date of enactment of the reauthorization of the Child Abuse 
Prevention and Treatment Act. 
SEC. 205. None of the funds appropriated in this Act for the 
National Institutes of Health and the Substance Abuse and Mental 
Health Services Administration shall be used to pay the salary 
of an individual, through a grant or other extramural mechanism, 
at a rate in excess of $125,000 per year. 
SEC. 206. None of the ftinds appropriated in this Act may 
be expended pursuant to section 241 of the Public Health Service 
Act, except for funds specifically provided for in this Act, or for 
other taps and assessments made by any office located in the 
Department of Health and Human Services, prior to the Secretary's 
preparation and submission of a report to the Committee on Appro-
priations of the Senate and of the House detailing the planned 
uses of such funds. 
(TRANSFER OF FUNDS) 
SEC. 207. Of the funds appropriated or otherwise made avail-
able for the Department of Health and Human Services, General 
Departmental Management, for fiscal year 1997, the Secretary of 
Health and Human Services shall transfer to the Office of the 
Inspector General such sums as may be necessary for any expenses 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-254 
with respect to the provision of security protection for the Secretary 
of Health and Human Services. 
SEC. 208. None of the funds appropriated in this Act may 
be obUgated or expended for the Federal Council on Aging under 
the Older Americans Act or the Advisory Board on Child Abuse 
and Neglect under the Child Abuse Prevention and Treatment 
Act. 
(TRANSFER OF FUNDS) 
SEC. 209. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control 
Act, as amended) which are appropriated for the current fiscal 
year for the Department of Health and Human Services in this 
Act may be transferred between appropriations, but no such appro-
priation shall be increased by more than 3 percent by any such 
transfer: Provided, That the Appropriations Committees of both 
Houses of Congress are notified at least fifteen days in advance 
of any transfer. 
(TRANSFER OF FUNDS) 
SEC. 210. The Director of the National Institutes of Health, 
jointly with the Director of the Office of AIDS Research, may 
transfer up to 3 percent among institutes, centers, and divisions 
from the total amounts identified by these two Directors as funding 
for research pertaining to the human immunodeficiency virus: Pro-
vided, That the Congress is promptly notified of the transfer. 
(TRANSFER OF FUNDS) 
SEC. 211. Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related to 
the human immunodeficiency virus, as jointly determined by the 
Director of NIH and the Director of the Office of AIDS Research, 
shall be made available to the "Office of AIDS Research" account. 
The Director of the Office of AIDS Research shall transfer from 
such account amounts necessary to carry out section 2353(d)(3) 
of the Public Health Service Act. 
SEC. 212. Not later than January 1, 1997, the Administrator 
of the Health Care Financing Administration, with the advice and 
technical assistance of the Agency for Health Care Policy and 
Research, shall transmit to the appropriate committees of the Con-
gress a report including— 
(1) a review of all available studies and research data on 
the treatment of end-stage emphysema and chronic obstructive 
pulmonary disease by both unilateral and bilateral lung volume 
reduction surgery, involving both invasive and noninvasive surgery 
and supplemental surgical methods, including laser applications; 
and 
(2) a recommendation, based on such review, as to the appro-
priateness of Medicare coverage of such procedures and the condi-
tions, if necessary, that facilities and physicians should be required 
to meet, to ensure the efficacy of such procedures, as more detailed 
clinical studies are conducted. 
SEC. 213. Section 304(a)(1) of the Family Violence Prevention 
and Services Act (42 U.S.C. 10403(a)(1)) is amended by striking 
"$200,000" and inserting "$400,000". 
29-194 0-96-14:QL3Part4 
110 STAT. 3009-255 
PUBLIC LAW 104-208—SEPT. 30, 1996 
42 u s e 652, 653. 
42 u s e 652 note. 
Department of 
Education 
Appropriations 
Act, 1997. 
SEe. 214. The new clinical research center at the National 
Institutes of Health is hereby named the Mark O. Hatfield Clinical 
Research Center. 
SEe. 215. Section 345 of Public Law 104-193 is amended by 
replacing "section 457(a)" wherever it appears with "a plan approved 
under this part". Amounts available under such section shall be 
calculated as though such section were effective October 1, 1995. 
This title may be cited as the "Department of Health and 
Human Services Appropriations Act, 1997". 
TITLE III—DEPARTMENT OF EDUCATION 
EDUeATION REFORM 
For canying out activities authorized by titles III and IV of 
the Goals 2000: Educate America Act and the School-to-Work 
Opportunities Act, $691,000,000, of which $476,000,000 for the 
Goals 2000: Educate America Act and $200,000,000 for the School-
to-Work Opportunities Act shall become available on July 1, 1997, 
and remain available through September 30, 1998: Provided, That 
none of the funds appropriated under this heading shall be obligated 
or expended to carry out section 304(a)(2)(A) of the Goals 2000: 
Educate America Act. 
EDUeATION FOR THE DISADVANTAGED 
For carrying out title I of the Elementary and Secondary Edu-
cation Act of 1965, and section 418A of the Higher Education 
Act, $7,698,469,000, of which $6,380,114,000 shall become available 
on July 1, 1997, and shall remain available through September 
30, 1998, and of which $1,298,386,000 shall become available on 
October 1, 1997 and shall remain available through September 
30, 
1998, 
for 
academic 
year 
1997-1998: 
Provided, 
That 
$6,194,850,000 shall be available for basic grants under section 
1124: Provided further. That up to $3,500,000 of these funds shall 
be available to the Secretary on October 1, 1996, to obtain updated 
local-educational-agency-level census poverty data from the Bureau 
of the Census: Provided further. That $999,249,000 shall be avail-
able for concentration grants under section 1124(A) and $7,000,000 
shall be available for evaluations under section 1501. 
IMPAOT AID 
For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary 
Education 
Act 
of 
1965, $730,000,000, 
of 
which 
$615,500,000 shall be for basic support payments under section 
8003(b), $40,000,000 shall be for payments for children with disabil-
ities under section 8003(d), $52,000,000, to remain available until 
expended, shall be for payments under section 8003(f), $5,000,000 
shall be for construction under section 8007, and $17,500,000 shall 
be for Federal property pajonents under section 8002. 
SCHOOL 
IMPROVEMENT PROGRAMS 
For carrying out school improvement activities authorized by 
titles II, IV-A-1, V-A and B, VI, IX, X and XIII of the Elementary 
and Secondary Education Act of 1965; the Stewart B. McKinney 
Homeless Assistance Act; and the Civil Rights Act of 1964; 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-256 
$1,425,631,000, of which $1,202,478,000 shall become available on 
July 1, 1997, and remain available through September 30, 1998: 
Provided, That of the amount appropriated, $310,000,000 shall be 
for Eisenhower professional development State grants under title 
II-B and $310,000,000 shall be for innovative education program 
strategies State grants under title VI-A. 
BILINGUAL AND IMMIGRANT EDUCATION 
For carrying out, to the extent not otherwise provided, bilingual, 
foreign language and immigrant education activities authorized 
by parts A and C and section 7203 of title VII of the Elementary 
and Secondary Education Act, without regard to section 7103(b), 
$261,700,000, of which $100,000,000 shall be for immigrant edu-
cation programs authorized by part C: Provided, That State edu-
cational agencies may use all, or any part of, their part C allocation 
for competitive grants to local educational agencies: Provided fur-
ther. That the Department of Education should only support instruc-
tional programs which ensure that students completely master Eng-
lish in a timely fashion (a period of three to five years) while 
meeting rigorous achievement standards in the academic content 
areas. 
SPECIAL EDUCATION 
For carrying out parts B, C, D, E, F, G, and H and section 
610(j)(2)(C) of the Individuals with Disabilities Education Act, 
$4,036,000,000, of which $3,783,685,000 shall become available for 
obligation on July 1, 1997, and shall remain available through 
September 30, 1998: Provided, That the Republic of the Marshall 
Islands, the Federated States of Micronesia, and the Republic of 
Palau shall continue to be eligible to receive funds under the 
Individuals with Disabilities Education Act consistent with the 
provisions of Public Law 104-134: Provided further. That the enti-
ties that received competitive awards for direct services to children 
under section 611 of the Individuals with Disabilities Education 
Act in accordance with the competition required in Public Law 
104-134 shall continue to be funded, without competition, in the 
same amounts as under Public Law 104^134. 
REHABILITATION SERVICES AND DISABILITY RESEARCH 
For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Technology-Related Assistance for 
Individuals with Disabilities Act, and the Helen Keller National 
Center Act, as amended, $2,509,447,000. 
SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES 
AMERICAN PRINTING HOUSE FOR THE BLIND 
For carrying out the Act of March 3, 1879, as amended (20 
U.S.C. 101 et seq.), $6,680,000. 
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF 
For the National Technical Institute for the Deaf under titles 
I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 
110 STAT. 3009-257 
PUBLIC LAW 104-208—SEPT. 30, 1996 
4301 et seq.), $43,041,000: Provided, That from the amount avail-
able, the Institute may at its discretion use funds for the endowment 
program as authorized under section 207. 
GALLAUDET UNIVERSITY 
For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf 
Act of 1986 (20 U.S.C. 4301 et seq.), $79,182,000: Provided, That 
from the amount available, the University may at its discretion 
use funds for the endowment program as authorized under section 
207. 
VOCATIONAL AND ADULT EDUCATION 
For carrying out, to the extent not otherwise provided, the 
Carl D. Perkins Vocational and Applied Technology Education Act, 
the Adult Education Act, and the National Literacy Act of 1991, 
$1,486,531,000, of which $4,500,000 shall be for the National 
Institute for Literacy; and of which $1,483,612,000 shall become 
available on July 1, 1997 and shall remain available through 
September 30, 1998: Provided, That, of the amounts made available 
for title II of the Carl D. Perkins Vocational and Applied Technology 
Education Act, $4,500,000 shall be used by the Secretary for na-
tional programs under title IV, without regard to section 451: Pro-
vided further, That, in addition, the Secretary may reserve up 
to $9,000,000 under section 101(a)(1)(A) of the Carl D. Perkins 
Vocational and Applied Technology Education Act, without regard 
to section 451: Provided further, That the Secretary may reserve 
up to $5,000,000 under section 313(d) of the Adult Education Act 
for activities carried out under section 383 of that Act: Provided 
further. That no funds shall be awarded to a State Council under 
section 112(f) of the Carl D. Perkins Vocational and Applied Tech-
nology Education Act, and no State shall be required to operate 
such a Council. 
STUDENT FINANCIAL ASSISTANCE 
For carrying out subparts 1, 3, and 4 of part A, part C and 
part E of title IV of the Higher Education Act of 1965, as amended, 
$7,560,407,000, which shall remain available through September 
30, 1998. 
20 use 1070a 
The maximum Pell Grant for which a student shall be eligible 
note. 
during award year 1997-1998 shall be $2,700: Provided, That not-
withstanding section 401(g) of the Act, if the Secretary determines, 
prior to publication of the payment schedule for such award year, 
that the amount included within this appropriation for Pell Grant 
awards in such award year, and any funds available from the 
fiscal year 1996 appropriation for Pell Grant awards, are insufficient 
to satisfy fully all such awards for which students are eligible, 
as csdculated under section 401(b) of the Act, the amount paid 
for each such award shall be reduced by either a fixed or variable 
percentage, or by a fixed dollar amount, as determined in accordance 
with a schedule of reductions established by the Secretary for 
this purpose. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-258 
FEDERAL 
FAMILY 
EDUCATION 
LOAN 
PROGRAM 
ACCOUNT 
For Federal administrative expenses to carry out guaranteed 
student loans authorized by title IV, part B, of the Higher Education 
Act, as amended, $46,572,000. 
HIGHER EDUCATION 
For carrying out, to the extent not otherwise provided, parts 
A and B of title III, without regard to section 360(a)(l)(B)(ii), 
titles IV, V, VI, VII, and IX, part A and subpart 1 of part B 
of title X, and title XI of the Higher Education Act of 1965, as 
amended. Public Law 102-423 and the Mutual Educational and 
Cultural Exchange Act of 1961; $879,054,000, of which $15,673,000 
for interest subsidies under title VII of the Higher Education Act, 
as amended, shall remain available until expended: Provided, That 
funds available for part D of title IX of the Higher Education 
Act shall be available to fund noncompeting continuation awards 
for academic year 1997-1998 for fellowships awarded originally 
under part B of title IX of said Act, under the terms and conditions 
of part B: Provided further, That $5,931,000 of the funds available 
for part D of title IX of the Higher Education Act shall be available 
to fund new and noncompeting continuation awards for academic 
year 1997-1998 for fellowships awarded under part C of title IX 
of said Act, under the terms and conditions of part C: Provided 
further. That notwithstanding sections 419D, 419E, and 419H of 
the Higher Education Act, as amended, scholarships made under 
title IV, part A, subpart 6 shall be prorated to maintain the same 
number of new scholarships in fiscal year 1997 as in fiscal year 
1996: Provided further. That $3,000,000, to remain available until 
expended, shall be for the George H.W. Bush fellowship program, 
if authorized by April 1, 1997: Provided further. That $3,000,000, 
to remain available until expended, shall be for the Edmund S. 
Muskie Foundation to establish an endowment fund to provide 
income to support such foundation on a continuing basis, if author-
ized by April 1, 1997: Provided further. That $3,000,000, to remain 
available until expended, shall be for the Claiborne Pell Institute 
for International Relations and Public Policy at Salve Regina Uni-
versity in Newport, Rhode Island, if authorized by April 1, 1997: 
Provided further. That $1,000,000, to remain available until ex-
pended, shall be for the Calvin Coolidge Memorial Foundation, 
if authorized by April 1, 1997: Provided further. That, of the 
amounts made available under title X, part A of the Higher Edu-
cation Act, $2,000,000 shall be awarded to the Pennsylvania Edu-
cational Telecommunications Exchange Network. 
HOWARD UNIVERSITY 
For partial support of Howard University (20 U.S.C. 121 et 
seq.), $196,000,000: Provided, That from the amount available, the 
University may at its discretion use funds for the endowment 
program as authorized under the Howard University Endowment 
Act (Public Law 98-480). 
HIGHER EDUCATION FACILITIES LOANS 
The Secretary is hereby authorized to make such expenditures, 
within the limits of funds available under this heading and in 
accord with law, and to make such contracts and commitments 
110 STAT. 3009-259 
PUBLIC LAW 104-208—SEPT. 30, 1996 
without regard to fiscal year limitation, as provided by section 
104 of the Government Corporation Control Act (31 U.S.C. 9104), 
as may be necessary in carrying out the program for the current 
fiscal year. 
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM 
For administrative expenses to carry out the existing direct 
loan program of college housing and academic facilities loans 
entered into pursuant to title VII, part C, of the Higher Education 
Act, as amended, $698,000. 
COLLEGE HOUSING LOANS 
Pursuant to title VII, part C of the Higher Education Act, 
as amended, for necessary expenses of the college housing loans 
program, the Secretary shall make expenditures and enter into 
contracts without regard to fiscal year limitation using loan repay-
ments and other resources available to this account. Any unobli-
gated balances becoming available from fixed fees paid into this 
account pursuant to 12 U.S.C. 1749d, relating to pa5mient of costs 
for inspections and site visits, shall be available for the operating 
expenses of this account. 
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING, 
PROGRAM ACCOUNT 
The total amount of bonds insured pursuant to section 724 
of title VII, part B of the Higher Education Act shall not exceed 
$357,000,000, and the cost, as defined in section 502 of the Congres-
sional Budget Act of 1974, of such bonds shall not exceed zero. 
For administrative expenses to carry out the Historically Black 
College and University Capital Financing Program entered into 
pursuant to title VII, part B of the Higher Education Act, as 
amended, $104,000. 
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT 
For carrying out activities authorized by the Educational 
Research, Development, Dissemination, and Improvement Act of 
1994, including part E; the National Education Statistics Act of 
1994; section 2102, sections 3132, 3136 and 3141, parts B, C, 
and D of title III and parts A, B, I, and K and section 10601 
of title X, and part C of title XIII of the Elementary and Secondary 
Education Act of 1965, as amended, and title VI of Public Law 
103-227, $598,350,000: Provided, That $200,000,000 shall be for 
section 3132, $56,965,000 shall be for section 3136 and $10,000,000 
shall be for section 3141 of the Elementary and Secondary Edu-
cation Act: Provided further, That notwithstanding any other provi-
sion of law, one-half of one percent of the amount available for 
section 3132 of the Elementary and Secondary Education Act of 
1965, as amended, shall be set aside for the outlying areas to 
be distributed among the outlying areas on the basis of their relative 
need as determined by the Secretary in accordance with the pur-
poses of the program: Provided further. That, notwithstanding sec-
tion 3131(b) of said Act, if any State educational agency does 
not apply for a grant under section 3132, that State's allotment 
under section 3131 shall be reserved by the Secretary for grants 
to local educational agencies in the State that apply directly to 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-260 
the Secretary according to the terms and conditions announced 
by the Secretary in the Federal Register: Provided further. That, 
of the amount available for title III, part B of the Elementary 
and Secondary Education Act of 1965, as amended, funds shall 
be awarded to continue the Iowa Communication Network statewide 
fiber optic demonstration and $2,000,000 shall be awarded to the 
Southeastern Pennsylvania Consortium for Higher Education for 
the establishment of local and wide area computer networks to 
provide instructional resources to students and faculty: Provided 
further. That none of the funds appropriated in this paragraph 
may be obligated or expended for the Goals 2000 Community Part-
nerships Program. 
LIBRARIES 
Notwithstanding title VII of this Act, for carrying out titles 
I, II, III, and IV of the Library Services and Construction Act, 
and title II-B of the Higher Education Act, $136,369,000, of which 
$16,369,000 shall be used to carry out the provisions of title II 
of the Library Services and Construction Act and shall remain 
available until expended; and $2,500,000 shall be for section 222 
and $5,000,000 shall be for section 223 of the Higher Education 
Act: Provided, That $1,000,000 shall be competitively awarded to 
a nonprofit regional social tolerance resource center, operating toler-
ance tools and prejudice reduction programs and multimedia toler-
ance and genocide exhibits: Provided further. That $1,500,000 shall 
be for the continuation of a demonstration project making informa-
tion available for public use by connecting Internet to a multistate 
consortium and a historical society: Provided 
further, 
That 
$1,000,000 shall be for continuation of catalog conversion of research 
and doctoral institutions and networking of local libraries under 
the fiber optics demonstration initiated in Public Law 102-394 
under section 223 of the Higher Education Act: Provided 
further, 
That each State or local recipient of funds under titles I, II, III, 
and rV of the Library Services and Construction Act may use 
any such funds to plan for any library program or activity author-
ized under title VII of this Act and conduct any other activity 
reasonably necessary to provide for an orderly and effective transi-
tion to the operation of library programs or activities under title 
VII of this Act. 
DEPARTMENTAL MANAGEMENT 
PROGRAM ADMINISTRATION 
For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of con-
ference rooms in the District of Columbia and hire of two passenger 
motor vehicles, $327,000,000. 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil Rights, as author-
ized by section 203 of the Department of Education Organization 
Act, $55,000,000. 
110 STAT. 3009-261 
PUBLIC LAW 104-208—SEPT. 30, 1996 
OFFICE OF THE INSPECTOR GENERAL 
For expenses necessary for the Office of the Inspector General, 
as authorized by section 212 of the Department of Education 
Organization Act, $30,000,000. 
20 use 1087h 
note. 
GENERAL PROVISIONS 
SEC. 301. No funds appropriated in this Act may be used 
for the transportation of students or teachers (or for the purchase 
of equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation 
of students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegregation 
of any school or school system. 
SEC. 302. None of the funds contained in this Act shall be 
used to require, directly or indirectly, the transportation of any 
student to a school other than the school which is nearest the 
student's home, except for a student requiring special education, 
to the school offering such special education, in order to comply 
with title VI of the Civil Rights Act of 1964. For the purpose 
of this section an indirect requirement of transportation of students 
includes the transportation of students to carry out a plan involving 
the reorganization of the grade structure of schools, the pairing 
of schools, or the clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described in 
this section does not include the establishment of magnet schools. 
SEC. 303. No funds appropriated under this Act may be used 
to prevent the implementation of programs of voluntary prayer 
and meditation in the public schools. 
SEC. 304. Notwithstanding any other provision of law, funds 
available under section 458 of the Higher Education Act shall 
not exceed $491,000,000 for fiscal year 1997. The Department of 
Education shall use $80,000,000 of the amounts provided for pay-
ment of administrative cost allowances to guaranty agencies for 
fiscal year 1996. For fiscal year 1997, the Department of Education 
shall pay administrative costs to guaranty agencies, calculated on 
the basis of 0.85 percent of the total principal amount of loans 
upon which insurance was issued on or after October 1, 1996: 
Provided, That such administrative costs shall be paid only on 
the first $8,200,000,000 of the principal amount of loans upon 
which insurance was issued on or after October 1, 1996 by such 
guaranty agencies, and shall not exceed a total of $70,000,000. 
Such pa5mrients are to be paid quarterly, and receipt of such funds 
and uses of such funds shall be in accordance with section 428(f) 
of the Higher Education Act. 
Notwithstanding section 458 of the Higher Education Act, the 
Secretary may not use funds available under that section or any 
other section for subsequent fiscal years for administrative expenses 
of the William D. Ford Direct Loan Program. The Secretary may 
not require the return of guaranty agency reserve funds during 
fiscal year 1997, except after consultation with both the Chairmen 
and ranking members of the House Economic and Educational 
Opportunities Committee and the Senate Labor and Human 
Resources Committee. Any reserve funds recovered by the Secretary 
shall be returned to the Treasury of the United States for purposes 
of reducing the Federal deficit. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-262 
No funds available to the Secretary may be used for (1) the 
hiring of advertising agencies or other third parties to provide 
advertising services for student loan programs prior to January 
1,1997, or (2) payment of administrative fees relating to the William 
D. Ford Direct Loan Program to institutions of higher education. 
SEC. 305. None of the funds appropriated in this Act may 
be obligated or expended to carry out section 621(b) of Public 
Law 101-589. 
(TRANSFER OF FUNDS) 
SEC. 306. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control 
Act, as amended) which are appropriated for the current fiscal 
year for the Department of Education in this Act may be transferred 
between appropriations, but no such appropriation shall be 
increased by more than 3 percent by any such transfer: Provided, 
That the Appropriations Committees of both Houses of Congress 
are notified at least fifteen days in advance of any transfer. 
SEC. 307. (a) Section 8003(f)(3)(A)(i) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7703(f)(3)(A)(i)) is 
amended— 
(1) in the matter preceding subclause (I), by striking "The 
Secretary" and all that follows through "greater of—" and 
inserting the following: "The Secretary, in conjunction with 
the local educational agency, shall first determine each of the 
following:"; 
(2) in each of subclauses (I) through (III), by striking "the 
average" each place it appears the first time in each such 
subclause and inserting '"The average"; 
(3) in subclause (I), by striking the semicolon and inserting 
a period; 
(4) in subclause (II), by striking ": or" and inserting a 
period; and 
(5) by adding at the end the following: 
'The local educational agency shall select one of the amounts 
determined under subclause (I), (II), or (III) for purposes of the 
remaining computations under this subparagraph.". 
(b) Tbe amendments made by subsection (a) shall apply with 20USC7703 
respect to fiscal years beginning with fiscal year 1995. 
'f^ote. 
SEC. 308. Section 485(e)(9) of the Higher Education Act of 
1965 is amended by striking out "June 30" in the second sentence 
20 USC1092. 
of such section and inserting "August 30". 
This title may be cited as the "Department of Education Appro-
priations Act, 1997". 
TITLE IV—RELATED AGENCIES 
ARMED FORCES RETIREMENT HOME 
For expenses necessary for the Armed Forces Retirement Home 
to operate and maintain the United States Soldiers' and Airmen's 
Home and the United States Naval Home, to be paid from funds 
available in the Armed Forces Retirement Home Trust Fund, 
$56,204,000, of which $432,000 shall remain available until 
expended for construction and renovation of the physical plants 
at the United States Soldiers' and Airmen's Home and the United 
States Naval Home: Provided, That this appropriation shall not 
110 STAT. 3009-263 
PUBLIC LAW 104-208—SEPT. 30, 1996 
be available for the payment of hospitalization of members of the 
Soldiers' and Airmen's Home in United States Army hospitals at 
rates in excess of those prescribed by the Secretary of the Army 
upon recommendation of the Board of Commissioners and the Sur-
geon General of the Army. 
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES 
For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic 
Volunteer Service Act of 1973, as amended, $213,969,000. 
CORPORATION FOR PUBLIC BROADCASTING 
For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which 
shall be available within limitations specified by that Act, for the 
fiscal year 1999, $250,000,000: Provided, That no funds made avail-
able to the Corporation for Public Broadcasting by this Act shall 
be used to pay for receptions, parties, or similar forms of entertain-
ment for Grovernment officials or employees: Provided further. That 
none of the funds contained in this paragraph shall be available 
or used to aid or support any program or activity from which 
any person is excluded, or is denied benefits, or is discriminated 
against, on the basis of race, color, national origin, religion, or 
sex. 
FEDERAL MEDIATION AND CONCILIATION SERVICE 
SALARIES AND EXPENSES 
For expenses necessary for the Federal Mediation and Concilia-
tion Service to carry out the functions vested in it by the Labor 
Management Relations Act, 1947 (29 U.S.C. 171-180, 182-183), 
including hire of passenger motor vehicles; and for expenses nec-
essary for the Labor-Management Cooperation Act of 1978 (29 
U.S.C. 175a); and for expenses necessary for the Service to carry 
out the functions vested in it by the Civil Service Reform Act, 
Public Law 95-454 (5 U.S.C. chapter 71), $32,579,000 including 
$1,500,000, to remain available through September 30, 1998, for 
activities authorized by the Labor-Management Cooperation Act 
of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 
3302, fees charged, up to full-cost recovery, for special training 
activities and for arbitration services shall be credited to and 
merged with this account, and shall remain available until 
expended: Provided further. That fees for arbitration services shall 
be available only for education, training, and professional develop-
ment of the agency workforce: Provided further. That the Director 
of the Service is authorized to accept on behalf of the United 
States gifts of services and real, personal, or other property in 
the aid of any projects or functions within the Director's jurisdiction. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-264 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary for the Federal Mine Safety and Health 
Review Commission (30 U.S.C. 801 et seq.), $6,060,000. 
NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE 
SALARIES AND EXPENSES 
For necessary expenses for the National Commission on Librar-
ies and Information Science, established by the Act of July 20, 
1970 (Public Law 91-345, as amended by Public Law 102-95), 
$897,000. 
NATIONAL COUNCIL ON DISABILITY 
SALARIES AND EXPENSES 
For expenses necessary for the National Council on Disability 
as authorized by title IV of the Rehabilitation Act of 1973, as 
amended, $1,793,000. 
NATIONAL EDUCATION GOALS PANEL 
For expenses necessary for the National Education Goals Panel, 
as authorized by title II, part A of the Goals 2000: Educate America 
Act, $1,500,000. 
NATIONAL LABOR RELATIONS BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the National Labor Relations Board 
to carry out the functions vested in it by the Labor-Management 
Relations Act, 1947, as amended (29 U.S.C. 141-167), and other 
laws, $175,000,000: Provided, That no part of this appropriation 
shall be available to organize or assist in organizing agricultural 
laborers or used in connection with investigations, hearings, direc-
tives, or orders concerning bargaining units composed of agricultural 
laborers as referred to in section 2(3) of the Act of July 5, 1935 
(29 U.S.C. 152), and as amended by the Labor-Management Rela-
tions Act, 1947, as amended, and as defined in section 3(f) of 
the Act of June 25, 1938 (29 U.S.C. 203), and including in said 
definition employees engaged in the maintenance and operation 
of ditches, canals, reservoirs, and waterways when maintained or 
operated on a mutual, nonprofit basis and at least 95 per centum 
of the water stored or supplied thereby is used for farming purposes: 
Provided further. That none of the funds made available by this 
Act shall be used in any way to promulgate a final rule (altering 
29 CFR part 103) regarding single location bargaining units in 
representation cases. 
110 STAT. 3009-265 
PUBLIC LAW 104-208—SEPT. 30, 1996 
NATIONAL MEDIATION BOARD 
SALARIES AND EXPENSES 
For expenses necessary to carry out the provisions of the Rail-
way Labor Act, as amended (45 U.S.C. 151-188), including emer-
gency boards appointed by the President, $8,300,000: Provided, 
That unobligated balances at the end of fiscal year 1997 not needed 
for emergency boards shall remain available for other statutory 
purposes through September 30, 1998. 
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary for the Occupational Safety and Health 
Review Commission (29 U.S.C. 661), $7,753,000. 
PHYSICIAN PAYMENT REVIEW COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary to carry out section 1845(a) of the 
Social Security Act, $3,263,000, to be transferred to this appropria-
tion from the Federal Supplementary Medical Insurance Trust 
Fund. 
PROSPECTIVE PAYMENT ASSESSMENT COMMISSION 
SALARIES A N D EXPENSES 
For expenses necessary to carry out section 1886(e) of the 
Social Security Act, $3,263,000, to be transferred to this appropria-
tion from the Federal Hospital Insurance and the Federal Supple-
mentary Medical Insurance Trust Funds. 
SOCIAL SECURITY ADMINISTRATION 
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS 
For payment to the Federal Old-Age and Survivors Insurance 
and the Federal Disability Insurance trust funds, as provided under 
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, 
$20,923,000. 
In addition, to reimburse these trust funds for administrative 
expenses to carry out sections 9704 and 9706 of the Internal Reve-
nue Code of 1986, $10,000,000, to remain available until expended. 
SPECIAL BENEFITS FOR DISABLED COAL MINERS 
For carrying out title IV of the Federal Mine Safety and Health 
Act of 1977, $460,070,000, to remain available until expended. 
For making, after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of the Federal Mine Safety 
and Health Act of 1977, for costs incurred in the current fiscal 
year, such amounts as may be necessary. 
For making benefit payments under title IV of the Federal 
Mine Safety and Health Act 1977 for the first quarter of fiscal 
year 1998, $160,000,000, to remain available until expended. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-266 
SUPPLEMENTAL SECURITY INCOME PROGRAM 
For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-
66, as amended, and section 405 of Public Law 95-216, including 
payment to the Social Security trust funds for administrative 
expenses incurred pursuant to section 201(g)(1) of the Social Secu-
rity Act, $19,372,010,000, to remain available until expended: Pro-
vided, That any portion of the funds provided to a State in the 
current fiscal year and not obligated by the State during that 
year shall be returned to the Treasury. 
From funds provided under the previous paragraph, not less 
than $100,000,000 shall be available for payment to the Social 
Security trust funds for administrative expenses for conducting 
continuing disability reviews. 
In addition, $175,000,000, to remain available until September 
30, 1998, for payment to the Social Security trust funds for adminis-
trative expenses for continuing disability reviews as authorized 
by section 103 of Public Law 104-121 and Supplemental Security 
Income administrative work as authorized by Public Law 104-
193. The term "continuing disability reviews" means reviews and 
redetermination as defined under section 201(g)(1)(A) of the Social 
Security Act as amended, and reviews and redeterminations author-
ized under section 211 of Public Law 104-193. 
For making, after June 15 of the current fiscal year, benefit 
pa3anents to individuals under title XVI of the Social Security 
Act, for unanticipated costs incurred for the current fiscal year, 
such sums as may be necessary. 
For carrying out title XVI of the Social Security Act for the 
first quarter of fiscal year 1998, $9,690,000,000, to remain available 
until expended. 
LIMITATION ON ADMINISTRATIVE EXPENSES 
For necessary expenses, including the hire of two passenger 
motor vehicles, and not to exceed $10,000 for official reception 
and representation expenses, not more than $5,873,382,000 may 
be expended, as authorized by section 201(g)(1) of the Social Secu-
rity Act or as necessary to carry out sections 9704 and 9706 of 
the Internal Revenue Code of 1986 from any one or all of the 
trust funds referred to therein: Provided, That reimbursement to 
the trust funds under this heading for administrative expenses 
to carry out sections 9704 and 9706 of the Internal Revenue Code 
of 1986 shall be made, with interest, not later than September 
30, 1998: Provided further. That not less than $1,268,000 shall 
be for the Social Security Advisory Board: Provided further. That 
unobligated balances at the end of fiscal year 1997 not needed 
for fiscal year 1997 shall remain available until expended for a 
state-of-the-art computing network, including related equipment 
and administrative expenses associated solely with this network. 
From funds provided under the previous paragraph, not less 
than $200,000,000 shall be available for conducting continuing 
disability reviews. 
In addition to funding already available under this heading, 
and subject to the same terms and conditions, $310,000,000, to 
remain available until September 30, 1998, for continuing disability 
reviews as authorized by section 103 of Public Law 104-121 and 
Supplemental Security Income administrative work as authorized 
110 STAT. 3009-267 
PUBLIC LAW 104-208—SEPT. 30, 1996 
by Public Law 104-193. The term "continuing disability reviews" 
means reviews and redetermination as defined under section 
201(g)(1)(A) of the Social Security Act as amended, and reviews 
and redeterminations authorized under section 211 of Public Law 
104-193. 
In addition to funding already available under this heading, 
and subject to the same terms and conditions, $234,895,000, which 
shall remain available until expended, to invest in a state-of-the-
art computing network, including related equipment and adminis-
trative expenses associated solely with this network, for the Social 
Security Administration and the State Disability Determination 
Services, may be expended from any or all of the trust funds 
as authorized by section 201(g)(1) of the Social Security Act. 
OFFICE OF INSPECTOR GENERAL 
For expenses necessary for the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, $6,335,000, together with not to exceed 
$31,089,000, to be transferred and expended as authorized by sec-
tion 201(g)(1) of the Social Security Act from the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal Disability 
Insurance Trust Fund. 
RAILROAD RETIREMENT BOARD 
DUAL B E N E F I T S PAYMENTS ACCOUNT 
For payment to the Dual Benefits Payments Account, author-
ized under section 15(d) of the Railroad Retirement Act of 1974, 
$223,000,000, which shall include amounts becoming available in 
fiscal year 1997 pursuant to section 224(c)(1)(B) of Public Law 
98-76; and in addition, an amount, not to exceed 2 percent of 
the amount provided herein, shall be available proportional to the 
amount by which the product of recipients and the average benefit 
received exceeds $223,000,000: Provided, That the total amount 
provided herein shall be credited in 12 approximately equal amounts 
on the first day of each month in the fiscal year. 
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS 
For payment to the accounts established in the Treasury for 
the payment of benefits under the Railroad Retirement Act for 
interest earned on unnegotiated checks, $300,000, to remain avail-
able through September 30, 1998, which shall be the maximum 
amount available for payment pursuant to section 417 of Public 
Law 98-76. 
LIMITATION ON ADMINISTRATION 
For necessary expenses for the Railroad Retirement Board for 
administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $87,898,000, to be derived in such 
amounts as determined by the Board from the railroad retirement 
accounts and from moneys credited to the railroad unemployment 
insurance administration fund. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-268 
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL 
For expenses necessary for the Office of Inspector General 
for audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, as amended, not more than 
$5,404,000, to be derived from the railroad retirement accounts 
and railroad unemplo3rment insurance account: Provided, That none 
of the funds made available in this Act may be transferred to 
the Office from the Department of Health and Human Services, 
or used to carry out any such transfer: Provided further, 
That 
none of the funds made available in this paragraph may be used 
for any audit, investigation, or review of the Medicare program. 
UNITED STATES INSTITUTE OF PEACE 
OPERATING EXPENSES 
For necessary expenses of the United States Institute of Peace 
as authorized in the United States Institute of Peace Act, 
$11,160,000. 
TITLE V—GENERAL PROVISIONS 
SEC. 501. The Secretaries of Labor, Health and Human Serv-
ices, and Education are authorized to transfer unexpended balances 
of prior appropriations to accounts corresponding to current appro-
priations provided in this Act: Provided, That such transferred 
balances are used for the same purpose, and for the same periods 
of time, for which they were originally appropriated. 
SEC. 502. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein. 
SEC. 503. (a) No part of any appropriation contained in this 
Act shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to sup-
port or defeat legislation pending before the Congress, except in 
presentation to the Congress itself or any State legislature, except 
in presentation to the Congress or any State legislative body itself. 
(b) No part of any appropriation contained in this Act shall 
be used to pay the salary or expenses of any grant or contract 
recipient, or agent acting for such recipient, related to any activity 
designed to influence legislation or appropriations pending before 
the Congress or any State legislature. 
SEC. 504. The Secretaries of Labor and Education are each 
authorized to make available not to exceed $15,000 from funds 
available for salaries and expenses under titles I and III, respec-
tively, for official reception and representation expenses; the Direc-
tor of the Federal Mediation and Conciliation Service is authorized 
to make available for official reception and representation expenses 
not to exceed $2,500 from the funds available for "Salaries and 
expenses, Federal Mediation and Conciliation Service"; and the 
Chairman of the National Mediation Board is authorized to make 
available for official reception and representation expenses not to 
exceed $2,500 from funds available for "Salaries and expenses, 
National Mediation Board". 
110 STAT. 3009-269 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SEC. 505. Notwithstanding any other provision of this Act, 
no funds appropriated under this Act shall be used to carry out 
any program of distributing sterile needles for the hypodermic 
injection of any illegal drug unless the Secretary of Health and 
Human Services determines that such programs are effective in 
preventing the spread of HIV and do not encourage the use of 
illegal drugs. 
SEC. 
506. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND 
PRODUCTS.—It is the sense of the Congress that, to the greatest 
extent practicable, all equipment and products purchased with 
funds made available in this Act should be American-made. 
(b) NOTICE REQUIREMENT.—In providing financial assistance 
to, or entering into any contract with, any entity using funds 
made available in this Act, the head of each Federal agency, to 
the greatest extent practicable, shall provide to such entity a notice 
describing the statement made in subsection (a) 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. 507. When issuing statements, press releases, requests 
for proposals, bid solicitations and other documents describing 
projects or programs funded in whole or in part with Federal 
money, all grantees receiving Federal funds included in this Act, 
including but not limited to State and local governments and recipi-
ents of Federal research grants, shall clearly state (1) the percentage 
of the total costs of the program or project which will be financed 
with Federal money, (2) the dollar amount of Federal funds for 
the project or program, and (3) percentage and dollar amount of 
the total costs of the project or program that will be financed 
by nongovernmental sources. 
SEC. 508. None of the funds appropriated under this Act shall 
be expended for any abortion except when it is made known to 
the Federal entity or official to which funds are appropriated under 
this Act that such procedure is necessary to save the life of the 
mother or that the pregnancy is the result of an act of rape or 
incest. 
31 use 1301 
SEC. 509. Notwithstanding any other provision of law— 
note. 
(1) no amount may be transferred from an appropriation 
account for the Departments of Labor, Health and Human 
Services, and Education except as authorized in this or any 
subsequent appropriation Act, or in the Act establishing the 
program or activity for which funds are contained in this Act; 
(2) no department, agency, or other entity, other than the 
one responsible for administering the program or activity for 
which an appropriation is made in this Act, may exercise 
authority for the timing of the obligation and expenditure of 
such appropriation, or for the purpose for which it is obligated 
and expended, except to the extent and in the manner otherwise 
provided in sections 1512 and 1513 of title 31, United States 
Code; and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-270 
(3) no funds provided under this Act shall be available 
for the salary (or any part thereof) of an employee who is 
reassigned on a temporary detail basis to another position 
in the employing agency or department or in any other agency 
or department, unless the detail is independently approved 
by the head of the employing department or agency. 
SEC. 510. None of the funds made available in this Act may 
be used for the expenses of an electronic benefit transfer (EBT) 
task force. 
SEC. 511. None of the funds made available in this Act may 
be used to enforce the requirements of section 428(b)(l)(U)(iii) of 
the Higher Education Act of 1965 with respect to any lender when 
it is made known to the Federal official having authority to obligate 
or expend such funds that the lender has a loan portfolio under 
part B of title IV of such Act that is equal to or less than $5,000,000. 
SEC. 512. (a) None of the funds made available in this Act 
may be used for— 
(1) the creation of a human embryo or embryos for research 
purposes; or 
(2) research in which a human embryo or embryos are 
destroyed, discarded, or knowingly subjected to risk of injury 
or death greater than that allowed for research on fetuses 
in utero under 45 CFR 46.208(a)(2) and section 498(b) of the 
Public Health Service Act (42 U.S.C. 289g(b)). 
(b) For purposes of this section, the term "human embryo 
or embryos" include any organism, not protected as a human subject 
under 45 CFR 46 as of the date of the enactment of this Act, 
that is derived by fertilization, parthenogenesis, cloning, or any 
other means from one or more human gametes. 
SEC. 513. (a) LIMITATION ON USE OF FUNDS FOR PROMOTION 
OF LEGALIZATION OF CONTROLLED SUBSTANCES.—None of the funds 
made available in this Act may be used for any activity when 
it is made known to the Federal official having authority to obligate 
or expend such funds that the activity promotes the legalization 
of any drug or other substance included in schedule I of the sched-
ules of controlled substances established by section 202 of the 
Controlled Substances Act (21 U.S.C. 812). 
(b) EXCEPTIONS.—The limitation in subsection (a) shall not 
apply when it is made known to the Federal official having authority 
to obligate or expend such funds that there is significant medical 
evidence of a therapeutic advantage to the use of such drug or 
other substance or that Federally-sponsored clinical trials are being 
conducted to determine therapeutic advantage. 
SEC. 514. (a) DENIAL OF FUNDS FOR PREVENTING ROTC ACCESS lo use 503 note. 
TO CAMPUS.—None of the funds made available in this or any 
other Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act for any fiscal 
year may be provided by contract or by grant (including a grant 
of funds to be available for student aid) to a covered educational 
entity if the Secretary of Defense determines that the covered 
educational entity has a policy or practice (regardless of when 
implemented) that either prohibits, or in effect prevents— 
(1) the maintaining, establishing, or operation of a unit 
of the Senior Reserve Officer Training Corps (in accordance 
with section 654 of title 10, United States Code, and other 
applicable Federal laws) at the covered educational entity; or 
110 STAT. 3009-271 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(2) a student at the covered educational entity from enroll-
ing in a unit of the Senior Reserve Officer Training Corps 
at another institution of higher education. 
(b) DENIAL OF FUNDS FOR PREVENTING FEDERAL MILITARY 
RECRUITING ON CAMPUS.—None of the funds made available in 
this or any other Departments of Labor, Health and Human Serv-
ices, and Education, and Related Agencies Appropriations Act for 
any fiscal year may be provided by contract or by grant (including 
a grant of funds to be available for student aid) to a covered 
educational entity if the Secretary of Defense determines that the 
covered educational entity has a policy or practice (regardless of 
when implemented) that either prohibits, or in effect prevents— 
(1) entry to campuses, or access to students (who are 17 
years of age or older) on campuses, for purposes of Federal 
military recruiting; or 
(2) access by military recruiters for purposes of Federal 
military recruiting to the following information pertaining to 
students (who are 17 years of age or older) enrolled at the 
covered educational entity: 
(A) student names, addresses, and telephone listings; 
and 
(B) if known, student ages, levels of education, and 
majors. 
(c) EXCEPTIONS.—^The limitation established in subsection (a) 
or (b) shall not apply to a covered educational entity if the Secretary 
of Defense determines that— 
(1) the covered educational entity has ceased the policy 
or practice described in such subsection; 
(2) the institution of higher education involved has a long-
standing policy of pacifism based on historical religious affili-
ation; or 
(3) the institution of higher education involved is prohibited 
by the law of any State, or by the order of any State court, 
from allowing Senior Reserve Officer Training Corps activities 
or Federal military recruiting on campus, except that this para-
graph shall apply only during the one-year period beginning 
on the effective date of this section. 
(d) NOTICE OF DETERMINATIONS.—Whenever the Secretary of 
Defense makes a determination under subsection (a), (b), or (c), 
the Secretary— 
(1) shall transmit a notice of the determination to the 
Secretary of Education and to the Congress; and 
(2) shall publish in the Federal Register a notice of the 
determination and the effect of the determination on the eligi-
bility of the covered educational entity for contracts and grants. 
(e) SEMIANNUAL NOTICE IN FEDERAL REGISTER.—^The Secretary 
of Defense shall publish in the Federal Register once every 6 
months a list of each covered educational entity that is currently 
ineligible for contracts and grants by reason of a determination 
of the Secretary under subsection (a) or (b). 
(f) COVERED EDUCATIONAL ENTITY.—For purposes of this sec-
tion, the term "covered educational entity" means an institution 
of higher education, or a subelement of an institution of higher 
education. 
(g) EFFECTIVE DATE.—This section shall take effect upon the 
expiration of the 180-day period beginning on the date of the enact-
ment of this Act, by which date the Secretary of Defense shall 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-272 
have published final regulations in consultation with the Secretary 
of Education to carry out this section. 
SEC. 515. (a) TECHNICAL AMENDMENT TO OTHER ROTC AND 
MILITARY RECRUITING PROVISIONS.—Sections 508 and 509 of the 
Energy and Water Development Appropriations Act, 1997, are 
amended by striking "when it is made known to the Federal official 
having authority to obligate or expend such funds" each place 
it appears and inserting "if the Secretary of Defense determines". 
(b) EFFECTIVE DATE.—Sections 508 and 509 of the Energy 
and Water Development Appropriations Act, 1997, shall not take 
effect until the expiration of the 180-day period beginning on the 
date of the enactment of this Act, by which date the Secretary 
of Defense shall have published final regulations to carry out such 
sections (as amended by subsection (a)). 
SEC. 516. None of the funds made available in this Act may 
be obligated or expended to enter into or renew a contract with 
an entity when it is made known to the Federal official having 
authority to obligate or expend such funds that— 
(1) such entity is otherwise a contractor with the United 
States and is subject to the requirement in section 4212(d) 
of title 38, United States Code, regarding submission of an 
annual report to the Secretary of Labor concerning emplo)nnent 
of certain veterans; and 
(2) such entity has not submitted a report as required 
by that section for the most recent year for whach such require-
ment was applicable to such entity. 
SEC. 517. (a) Notwithstanding any provision of the Carl D. 
Perkins Vocational and Applied Technology Act (as such Act was 
in effect on September 24, 1990), a State shall be deemed to have 
met the requirements of section 503 of such Act with respect to 
decisions appealed by applications filed on April 30, 1993 and 
October 29, 1993 under section 452(b) of the General Education 
Provisions Act. 
(b) Subsection (a) shall take effect on October 1, 1996. 
SEC. 518. None of the funds appropriated in this Act may 
be made available to any entity under title X of the Public Health 
Service Act unless it is made known to the Federal official having 
authority to obligate or expend such funds that the applicant for 
the award certifies to the Secretary that it encourages family 
participation in the decision of the minor to seek family planning 
services. 
SEC. 519. Of the budgetary resources available to agencies 
in this Act for salaries and expenses during fiscal year 1997, 
$30,500,000, to be allocated by the Office of Management and 
Budget, are permanently canceled: Provided, That the foregoing 
provision shall not apply to the Food and Drug Administration 
and the Indian Health Service: Provided further. That amounts 
available in this Act for congressional and legislative affairs, public 
affairs, and intergovernmental affairs activities are hereby reduced 
by $2,000,000. 
SEC. 520. VOLUNTARY SEPARATION INCENTIVES FOR EMPLOYEES 5 use 5597 note. 
OF CERTAIN FEDERAL AGENCIES.—(a) DEFINITIONS.—For the pur-
poses of this section— 
(1) the term "agency" means the Railroad Retirement Board 
and the Office of Inspector General of the Railroad Retirement 
Board; 
110 STAT. 3009-273 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(2) the term "employee" means an employee (as defined 
by section 2105 of title 5, United States Code) who is employed 
by an agency, is serving under an appointment without time 
limitation, and has been currently employed for a continuous 
period of at least 3 years, but does not include— 
(A) a reemployed annuitant under subchapter III of 
chapter 83 or chapter 84 of title 5, United States Code, 
or another retirement system for employees of the agency; 
(B) an employee having a disability on the basis of 
which such employee is or would be eligible for disability 
retirement under subchapter III of chapter 83 or chapter 
84 of title 5, United States Code, or another retirement 
system for employees of the agency; 
(C) an employee who is in receipt of a specific notice 
of involuntary separation for misconduct or unacceptable 
performance; 
(D) an employee who, upon completing an additional 
period of service as referred to in section 3(b)(2)(B)(ii) of 
the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 
5597 note), would qualify for a voluntary separation incen-
tive payment under section 3 of such Act; 
(E) an employee who has previously received any vol-
untary separation incentive pajnnent by the Federal 
Government under this section or any other authority and 
has not repaid such payment; 
(F) an employee covered by statutory reemployment 
rights who is on transfer to another organization; or 
(G) any employee who, during the twenty-four-month 
period preceding the date of separation, has received a 
recruitment or relocation bonus under section 5753 of title 
5, United States Code, or who, within the twelve-month 
period preceding the date of separation, received a retention 
allowance under section 5754 of title 5, United States Code. 
(b) AGENCY STRATEGIC PLAN.— 
(1) IN GENERAL.—^The three-member Railroad Retirement 
Board, prior to obligating any resources for voluntary separa-
tion incentive payments, shall submit to the House and Senate 
Committees on Appropriations and the Committee on Govern-
mental Affairs of the Senate and the Committee on Government 
Reform and Oversight of the House of Representatives a strate-
gic plan outlining the intended use of such incentive payments 
and a proposed organizational chart for the agency once such 
incentive payments have been completed. 
(2) CONTENTS.—^The agency's plan shall include— 
(A) the positions and functions to be reduced or elimi-
nated, identified by organizational unit, geographic loca-
tion, occupational category and grade level; 
(B) the number and amounts of voluntary separation 
incentive payments to be offered; and 
(C) a description of how the agency will operate without 
the eliminated positions and functions. 
(c) AUTHORITY To PROVIDE VOLUNTARY SEPARATION INCENTIVE 
PAYMENTS.— 
(1) IN GENERAL.—^A voluntary separation incentive payment 
under this section may be paid by an agency to any employee 
only to the extent necessary to eliminate the positions and 
functions identified by the strategic plan. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-274 
(2) AMOUNT AND TREATMENT OF PAYMENTS.—A voluntary 
separation incentive payment— 
(A) shall be paid in a lump sum after the employee's 
separation; 
(B) shall be paid from appropriations or funds available 
for the payment of the basic pay of the employees; 
(C) shall be equal to the lesser of— 
(i) an amount equal to the amount the employee 
would be entitled to receive under section 5595(c) of 
title 5, United States Code; or 
(ii) an amount determined by the agency head 
not to exceed $25,000; 
(D) may not be made except in the case of any qualify-
ing employee who voluntarily separates (whether by retire-
ment or resignation) before September 30, 1997; 
(E) shall not be a basis for payment, and shall not 
be included in the computation, of any other type of Govern-
ment benefit; and 
(F) shall not be taken into account in determining 
the amount of any severance pay to which the employee 
may be entitled under section 5595 of title 5, United States 
Code, based on any other separation. 
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT 
FUND.— 
(1) IN GENERAL.—In addition to any other payments which 
it is required to make under subchapter III of chapter 83 
of title 5, United States Code, an agency shall remit to the 
Office of Personnel Management for deposit in the Treasury 
of the United States to the credit of the Civil Service Retirement 
and Disability Fund an amount equal to 15 percent of the 
final basic pay of each employee of the agency who is covered 
under subchapter III of chapter 83 or chapter 84 of title 5, 
United States Code, to whom a voluntary separation incentive 
has been paid under this section. 
2) DEFINITION.—For the purpose of paragraph (1), the term 
"final basic pay", with respect to an employee, means the total 
amount of basic pay which would be payable for a year of 
service by such employee, computed using the employee's final 
rate of basic pay, and, if last serving on other than a full-
time basis, with appropriate adjustment therefor. 
e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERN-
MENT.—^An individual who has received a voluntary separation 
incentive pa3mient under this section and accepts any employment 
for compensation with the Government of the United States, or 
who works for any agency of the United States Government through 
a personal services contract, within 5 years after the date of the 
separation on which the payment is based shall be required to 
pay, prior to the individual's first day of employment, the entire 
amount of the incentive payment to the agency that paid the 
incentive pa)mient. 
if) REDUCTION OF AGENCY EMPLOYMENT LEVELS.— 
(1) IN GENERAL.—The total number of funded employee 
positions in the agency shall be reduced by one position for 
each vacancy created by the separation of any employee who 
110 STAT. 3009-275 
PUBLIC LAW 104-208—SEPT. 30, 1996 
42 use 233 note. 
Student Loan 
Marketing 
Association 
Reorganization 
Act of 1996. 
20 use 1001 
note. 
has received, or is due to receive, a voluntary separation incen-
tive payment under this section. For the purposes of this sub-
section, positions shall be counted on a full-time-equivalent 
basis. 
(2) ENFORCEMENT.—The President, through the Office of 
Management and Budget, shall monitor the agency and take 
any action necessary to ensure that the requirements of this 
subsection are met. 
(g) EFFECTIVE DATE.—^This section shall take effect October 
1,1996. 
SEC. 521. CORRECTION OF EFFECTIVE DATE.—Effective on the 
day after the date of enactment of the Health Centers Consolidation 
Act of 1996, section 5 of that Act is amended by striking "October 
1, 1997" and inserting "October 1, 1996". 
TITLE VI—REORGANIZATION AND PRIVATIZATION OF 
SALLIE MAE AND CONNIE LEE 
SEC. 601. SHORT TITLE. 
This title may be cited as the "Student Loan Marketing Associa-
tion Reorganization Act of 1996". 
SEC. 602. REORGANIZATION OF THE STUDENT LOAN MARKETING 
ASSOCIATION THROUGH THE FORMATION OF A HOLDING 
COMPANY. 
(a) AMENDMENT.—Part B of title IV of the Higher Education 
Act of 1965 (20 U.S.C. 1071 et seq.) is amended by inserting 
after section 439 (20 U.S.C. 1087-2) the following new section: 
20 use 1087-3. 
"SEC. 440. REORGANIZATION OF THE STUDENT LOAN MARKETING 
ASSOCIATION THROUGH THE FORMATION OF A HOLDING 
COMPANY. 
"(a) ACTIONS BY THE ASSOCIATION'S BOARD OF DIRECTORS.— 
The Board of Directors of the Association shall take or cause to 
be taken all such action as the Board of Directors deems necessary 
or appropriate to effect, upon the shareholder approval described 
in subsection (b), a restructuring of the common stock ownership 
of the Association, as set forth in a plan of reorganization adopted 
by the Board of Directors (the terms of which shall be consistent 
with this section) so that all of the outstanding common shares 
of the Association shall be directly owned by a Holding Company. 
Such actions may include, in the Board of Director's discretion, 
a merger of a wholly owned subsidiary of the Holding Company 
with and into the Association, which would have the effect provided 
in the plan of reorganization and the law of the jurisdiction in 
which such subsidiary is incorporated. As part of the restructuring, 
the Board of Directors may cause— 
"(1) the common shares of the Association to be converted, 
on the reorganization effective date, to common shares of the 
Holding Company on a one for one basis, consistent with 
applicsmle State or District of Columbia law; and 
"(2) Holding Company common shares to be registered 
with the Securities and Exchange Commission. 
"(b) SHAREHOLDER APPROVAL.—^The plan of reorganization 
adopted by the Board of Directors pursuant to subsection (a) shall 
be submitted to common shareholders of the Association for their 
approval. The reorganization shall occur on the reorganization effec-
tive date, provided that the plan of reorganization has been 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-276 
approved by the affirmative votes, cast in person or by proxy, 
of the holders of a majority of the issued and outstanding shares 
of the Association common stock. 
"(c) TRANSITION.—In the event the shareholders of the Associa-
tion approve the plan of reorganization under subsection (b), the 
following provisions shall apply beginning on the reorganization 
effective date: 
"(1) IN GENERAL.—Except as specifically provided in this 
section, until the dissolution date the Association shall continue 
to have all of the rights, privileges and obligations set forth 
in, and shall be subject to all of the limitations and restrictions 
of, section 439, and the Association shall continue to carry 
out the purposes of such section. The Holding Company and 
any subsidiary of the Holding Company (other than the Associa-
tion) shall not be entitled to any of the rights, privileges, 
and obligations, and shall not be subject to the limitations 
and restrictions, applicable to the Association under section 
439, except as specifically provided in this section. The Holding 
Company and any subsidiary of the Holding Company (other 
than the Association or a subsidiary of the Association) shall 
not purchase loans insured under this Act until such time 
as the Association ceases acquiring such loans, except that 
the Holding Company may purchase such loans if the Associa-
tion is merely continuing to acquire loans as a lender of last 
resort pursuant to section 439(q) or under an agreement with 
the Secretary described in paragraph (6). 
"(2) TRANSFER OF CERTAIN PROPERTY.— 
"(A) IN GENERAL.—Except as provided in this section, 
on the reorganization effective date or as soon as prac-
ticable thereafter, the Association shall use the Associa-
tion's best efforts to transfer to the Holding Company or 
any subsidiary of the Holding Company (or both), as 
directed by the Holding Company, all real and personal 
property of the Association (both tangible and intangible) 
other than the remaining property. Subject to the preceding 
sentence, such transferred property shall include all right, 
title, and interest in— 
"(i) direct or indirect subsidiaries of the Association 
(excluding special purpose funding companies in exist-
ence on the date of enactment of this section and 
any interest in any government-sponsored enterprise); 
"(ii) contracts, leases, and other agreements of the 
Association; 
"(iii) licenses and other intellectual property of 
the Association; and 
"(iv) any other property of the Association. 
"(B) CONSTRUCTION.—Nothing in this paragraph shall 
be construed to prohibit the Association from transferring 
remaining property from time to time to the Holding Com-
pany or any subsidiary of the Holding Company, subject 
to the provisions of paragraph (4). 
"(3) TRANSFER OF PERSONNEL.—On the reorganization effec-
tive date, employees of the Association shall become employees 
of the Holding Company (or any subsidiary of the Holding 
Company), and the Holding Company (or any subsidiary of 
the Holding Company) shall provide all necessary and appro-
priate management and operational support (including loan 
110 STAT. 3009-277 
PUBLIC LAW 104-208—SEPT. 30, 1996 
servicing) to the Association, as requested by the Association. 
The Association, however, may obtain such management and 
operational support from persons or entities not associated 
with the Holding Company. 
"(4) DIVIDENDS.—^The Association may pay dividends in 
the form of cash or noncash distributions so long as at the 
time of the declaration of such dividends, after giving effect 
to the payment of such dividends as of the date of such declara-
tion by the Board of Directors of the Association, the Associa-
tion's capital would be in compliance with the capital standards 
and requirements set forth in section 439(r). If, at any time 
after the reorganization effective date, the Association fails 
to comply with such capital standards, the Holding Company 
shall transfer with due diligence to the Association additional 
capital in such amounts as are necessary to ensure that the 
Association again complies with the capital standards. 
"(5) CERTIFICATION PRIOR TO DIVIDEND.—Prior to the pay-
ment of any dividend under paragraph (4), the Association 
shall certify to the Secretary of the Treasury that the payment 
of the dividend will be made in compliance with paragraph 
(4) and shall provide copies of all calculations needed to make 
such certification. 
"(6) RESTRICTIONS ON NEW BUSINESS ACTIVITY OR ACQUISI-
TION OF ASSETS BY ASSOCIATION.— 
"(A) IN GENERAL.—^After the reorganization effective 
date, the Association shall not engage in any new business 
activities or acquire any additional 
program 
assets 
described in section 439(d) other than in connection with— 
"(i) student loan purchases through September 30, 
2007; 
"(ii) 
contractual 
commitments 
for 
future 
warehousing advances, or pursuant to letters of credit 
or standby bond purchase agreements, which are 
outstanding as of the reorganization effective date; 
"(iii) the Association serving as a lender-of-last-
resort pursuant to section 439(q); and 
"(iv) the Association's purchase of loans insured 
under this part, if the Secretary, with the approval 
of the Secretary of the Treasury, enters into an agree-
ment with the Association for the continuation or 
resumption of the Association's secondary market pur-
chase program because the Secretary determines there 
is inadequate liquidity for loans made under this part. 
"(B) AGREEMENT.—The Secretary is authorized to enter 
into an agreement described in clause (iv) of subparagraph 
(A) with the Association covering such secondary market 
activities. Any agreement entered into under such clause 
shall cover a period of 12 months, but may be renewed 
if the Secretary determines that liquidity remains inad-
equate. The fee provided under section 439(h)(7) shall not 
apply to loans acquired under any such agreement with 
the Secretary. 
"(7) ISSUANCE OF DEBT OBLIGATIONS DURING THE TRANSI-
TION PERIOD; ATTRIBUTES OF DEBT OBLIGATIONS.—^After the 
reorganization effective date, the Association shall not issue 
debt obligations which mature later than September 30, 2008, 
except in connection with serving as a lender-of-last-resort 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-278 
pursuant to section 439(q) or with purchasing loans under 
an agreement with the Secretary as described in paragraph 
(6). Nothing in this section shall modify the attributes accorded 
the debt obligations of the Association by section 439, regardless 
of whether such debt obligations are incurred prior to, or at 
any time following, the reorganization effective date or are 
transferred to a trust in accordance with subsection (d). 
"(8) MONITORING OF SAFETY AND SOUNDNESS.— 
"(A) OBLIGATION TO OBTAIN, MAINTAIN, AND REPORT 
INFORMATION.—The Association shall obtain such informa-
tion and make and keep such records as the Secretary 
of the Treasury may from time to time prescribe concern-
ing— 
"(i) the financial risk to the Association resulting 
from the activities of any associated person, to the 
extent such activities are reasonably likely to have 
a material impact on the financial condition of the 
Association, including the Association's capital ratio, 
the Association's liquidity, or the Association's ability 
to conduct and finance the Association's operations; 
and 
"(ii) the Association's policies, procedures, and sys-
tems for monitoring and controlling any such financial 
risk. 
"(B) SUMMARY REPORTS.—^The Secretary of the Treas-
ury may require summary reports of the information 
described in subparagraph (A) to be filed no more fre-
quently than quarterly. If, as a result of adverse market 
conditions or based on reports provided pursuant to this 
subparagraph or other available information, the Secretary 
of the Treasury has concerns regarding the financial or 
operational condition of the Association, the Secretary of 
the Treasury may, notwithstanding the preceding sentence 
and subparagraph (A), require the Association to make 
reports concerning the activities of any associated person 
whose business activities are reasonably likely to have 
a material impact on the financial or operational condition 
of the Association. 
"(C) SEPARATE OPERATION OF CORPORATIONS.— 
"(i) IN GENERAL.—The funds and assets of the 
Association shall at all times be maintained separately 
from the funds and assets of the Holding Company 
or any subsidiary of the Holding Company and may 
be used by the Association solely to carry out the 
Association's purposes and to fulfill the Association's 
obligations. 
"(ii) BOOKS AND RECORDS.—^The Association shall 
maintain books and records that clearly reflect the 
assets and liabilities of the Association, separate from 
the assets and liabilities of the Holding Company or 
any subsidiary of the Holding Company. 
"(iii) CORPORATE OFFICE.—The Association shall 
maintain a corporate office that is physically separate 
from any office of the Holding Company or any subsidi-
ary of the Holding Company. 
"(iv) DIRECTOR.—No director of the Association 
who is appointed by the President pursuant to section 
110 STAT. 3009-279 
PUBLIC LAW 104-208—SEPT. 30, 1996 
439(c)(1)(A) may serve as a director of the Holding 
Company. 
"(v) ONE OFFICER REQUIREMENT.—At least one offi-
cer of the Association shall be an officer solely of the 
Association. 
"(vi) TRANSACTIONS.—^Transactions between the 
Association and the Holding Company or any subsidi-
ary of the Holding Company, including any loan servic-
ing arrangements, shall be on terms no less favorable 
to the Association than the Association could obtain 
from an unrelated third party offering comparable serv-
ices. 
"(vii) CREDIT PROHIBITION.—The Association shall 
not extend credit to the Holding Company or any 
subsidiary of the Holding Company nor guarantee or 
provide any credit enhancement to any debt obligations 
of the Holding Company or any subsidiary of the Hold-
ing Company. 
"(viii) AMOUNTS COLLECTED.—Any amounts col-
lected on behalf of the Association by the Holding 
Company or any subsidiary of the Holding Company 
with respect to the assets of the Association, pursuant 
to a servicing contract or other arrangement between 
the Association and the Holding Company or any 
subsidiary of the Holding Company, shall be collected 
solely for the benefit of the Association and shall be 
immediately deposited by the Holding Company or 
such subsidiary to an account under the sole control 
of the Association. 
"(D) ENCUMBRANCE OF ASSETS.—Notwithstanding any 
Federal or State law, rule, or regulation, or legal or equi-
table principle, doctrine, or theory to the contrary, under 
no circumstances shall the assets of the Association be 
available or used to pay claims or debts of or incurred 
by the Holding Company. Nothing in this subparagraph 
shall be construed to limit the right of the Association 
to pay dividends not otherwise prohibited under this 
subparagraph or to limit any liability of the Holding Com-
pany explicitly provided for in this section. 
"(E) HOLDING COMPANY ACTIVITIES.—After the reorga-
nization effective date and prior to the dissolution date, 
all business activities of the Holding Company shall be 
conducted through subsidiaries of the Holding Company. 
"(F) CONFIDENTIALITY.—^Any information provided by 
the Association pursuant to this section shall be subject 
to the same confidentiality obligations contained in section 
439(r)(12). 
"(G) DEFINITION.—For purposes of this paragraph, the 
term 'associated person' means any person, other than 
a natural person, who is directly or indirectly controlling, 
controlled by, or under common control with, the Associa-
tion. 
"(9) ISSUANCE OF STOCK WARRANTS.— 
"(A) IN GENERAL.—On the reorganization effective date, 
the Holding Company shall issue to the District of Colum-
bia Financial Responsibility and Management Assistance 
Authority a number of stock warrants that is equal to 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-280 
one percent of the outstanding shares of the Association, 
determined as of the last day of the fiscal quarter preceding 
the date of enactment of this section, with each stock 
warrant entitling the holder of the stock warrant to pur-
chase from the Holding Company one share of the reg-
istered common stock of the Holding Company or the Hold-
ing Company's successors or assigns, at any time on or 
before September 30, 2008. The exercise price for such 
warrants shall be an amount equal to the average closing 
price of the common stock of the Association for the 20 
business days prior to the date of enactment of this section 
on the exchange or market which is then the primary 
exchange or market for the common stock of the Associa-
tion. The number of shares of Holding Company common 
stock subject to each stock warrant and the exercise price 
of each stock warrant shall be adjusted as necessary to 
reflect— 
"(i) the conversion of Association common stock 
into Holding Company common stock as part of the 
plan of reorganization approved by the Association's 
shareholders; and 
"(ii) any issuance or sale of stock (including issu-
ance or sale of treasury stock), stock split, recapitaliza-
tion, reorganization, or other corporate event, if agreed 
to by the Secretary of the Treasury and the Association. 
"(B) AUTHORITY TO SELL OR EXERCISE STOCK WARRANTS; 
DEPOSIT OF PROCEEDS.—The District of Columbia Financial 
Responsibility and Management Assistance Authority is 
authorized to sell or exercise the stock warrants described 
in subparagraph (A). The District of Columbia Financial 
Responsibility and Management Assistance Authority shall 
deposit into the account established under section 3(e) of 
the Student Loan Marketing Association Reorganization 
Act of 1996 amounts collected from the sale and proceeds 
resulting from the exercise of the stock warrants pursuant 
to this subparagraph. 
"(10) 
RESTRICTIONS ON TRANSFER OF ASSOCIATION SHARES 
AND BANKRUPTCY OF ASSOCIATION.—After the reorganization 
effective date, the Holding Company shall not sell, pledge, 
or otherwise transfer the outstanding shares of the Association, 
or agree to or cause the liquidation of the Association or cause 
the Association to file a petition for bankruptcy under title 
11, United States Code, without prior approval of the Secretary 
of the Treasury and the Secretary of Education. 
"(d) TERMINATION OF THE ASSOCIATION.—In the event the share-
holders of the Association approve a plan of reorganization under 
subsection (b), the Association shall dissolve, and the Association's 
separate existence shall terminate on September 30, 2008, after 
discharge of all outstanding debt obligations and liquidation pursu-
ant to this subsection. The Association may dissolve pursuant to 
this subsection prior to such date by notif5dng the Secretary of 
Education and the Secretary of the Treasury of the Association's 
intention to dissolve, unless within 60 days after receipt of such 
notice the Secretary of Education notifies the Association that the 
Association continues to be needed to serve as a lender of last 
resort pursuant to section 439(q) or continues to be needed to 
purchase loans under an agreement with the Secretary described 
110 STAT. 3009-281 
PUBLIC LAW 104-208—SEPT. 30, 1996 
in subsection (c)(6). On the dissolution date, the Association shall 
take the following actions: 
"(1) ESTABLISHMENT OF A TRUST.—^The Association shall, 
under the terms of an irrevocable trust agreement that is 
in form and substance satisfactory to the Secretary of the 
Treasury, the Association and the appointed trustee, irrevocably 
transfer all remaining obligations of the Association to the 
trust and irrevocably deposit or cause to be deposited into 
such trust, to be held as trust funds solely for the benefit 
of holders of the remaining obligations, money or direct noncall-
able obligations of the United States or any agency thereof 
for which payment the full faith and credit of the United 
States is pledged, maturing as to principal and interest in 
such amounts and at such times as are determined by the 
Secretary of the Treasury to be sufficient, without consideration 
of any significant reinvestment of such interest, to pay the 
principal of, and interest on, the remaining obligations in 
accordance with their terms. To the extent the Association 
cannot provide money or qualifying obligations in the amount 
required, the Holding Company shall be required to transfer 
money or qualifying obligations to the trust in the amount 
necessary to prevent any deficiency. 
"(2) USE OF TRUST ASSETS.—^All money, obligations, or 
financial assets deposited into the trust pursuant to this sub-
section shall be applied by the trustee to the payment of the 
remaining obligations assumed by the trust. 
"(3) OBLIGATIONS NOT TRANSFERRED TO THE TRUST.—^The 
Association shall make proper provision for all other obligations 
of the Association not transferred to the trust, including the 
repurchase or redemption, or the making of proper provision 
for the repurchase or redemption, of any preferred stock of 
the Association outstanding. Any obligations of the Association 
which cannot be fully satisfied shall become liabilities of the 
Holding Company as of the date of dissolution. 
"(4) TRANSFER OF REMAINING ASSETS.—After compliance 
with paragraphs (1) and (3), any remaining assets of the trust 
shall be transferred to the Holding Company or any subsidiary 
of the Holding Company, as directed by the Holding Company. 
"(e) OPERATION OF THE HOLDING COMPANY.—In the event the 
shareholders of the Association approve the plan of reorganization 
under subsection (b), the following provisions shall apply beginning 
on the reorganization effective date: 
"(1) HOLDING COMPANY BOARD OF DIRECTORS.—^The number 
of members and composition of the Board of Directors of the 
Holding Company shall be determined as set forth in the Hold-
ing Companys charter or like instrument (as amended from 
time to time) or bylaws (as amended from time to time) and 
as permitted under the laws of the jurisdiction of the Holding 
Company's incorporation. 
"(2) HOLDING COMPANY NAME.—^The names of the Holding 
Company and any subsidiary of the Holding Company (other 
than the Association)— 
"(A) may not contain the name 'Student Loan Market-
ing Association'; and 
"(B) may contain, to the extent permitted by applicable 
State or District of Columbia law, 'Sallie Mae' or variations 
thereof, or such other names as the Board of Directors 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-282 
of the Association or the Holding Company deems appro-
priate. 
"(3) USE OF SALLIE MAE NAME.—Subject to paragraph (2), 
the Association may assign to the Holding Company, or any 
subsidiary of the Holding Company, the 'Sallie Mae' name 
as a trademark or service mark, except that neither the Holding 
Company nor any subsidiary of the Holding Company (other 
than the Association or any subsidiary of the Association) may 
use the 'Sallie Mae' name on, or to identify the issuer of, 
any debt obligation or other security offered or sold by the 
Holding Company or any subsidiary of the Holding Company 
(other than a debt obligation or other security issued to and 
held by the Holding Company or any subsidiary of the Holding 
Company). The Association shall remit to the account estab-
lished under section 3(e) of the Student Loan Marketing 
Association Reorganization Act of 1996, $5,000,000, within 60 
days of the reorganization effective date as compensation for 
the right to assign the 'Sallie Mae' name as a trademark 
or service mark. 
"(4) DISCLOSURE REQUIRED.—Until 3 years after the dis-
solution date, the Holding Company, and any subsidiary of 
the Holding Company (other than the Association), shall promi-
nently display— 
"(A) in any document offering the Holding Company's 
securities, a statement that the obligations of the Holding 
Company and any subsidiary of the Holding Company are 
not guaranteed by the full faith and credit of the United 
States; and 
"(B) in any advertisement or promotional materials 
which use the 'Sallie Mae' name or mark, a statement 
that neither the Holding Company nor any subsidiary of 
the Holding Company is a government-sponsored enterprise 
or instrumentality of the United States. 
"(f) STRICT CONSTRUCTION.—Except as specifically set forth in 
this section, nothing in this section shall be construed to limit 
the authority of the Association as a federally chartered corporation, 
or of the Holding Company as a State or District of Columbia 
chartered corporation. 
"(g) RIGHT TO ENFORCE.—The Secretary of Education or the 
Secretary of the Treasury, as appropriate, may request that the 
Attorney CJeneral bring an action in the United States District 
Court for the District of Columbia for the enforcement of any 
provision of this section, or may, under the direction or control 
of the Attorney General, bring such an action. Such court shall 
have jurisdiction and power to order and require compliance with 
this section. 
"(h) DEADLINE FOR REORGANIZATION EFFECTIVE DATE.—^This 
section shall be of no further force and effect in the event that 
the reorganization effective date does not occur on or before 18 
months after the date of enactment of this section. 
"(i) DEFINITIONS.—For purposes of this section: 
"(1) ASSOCIATION.—The term 'Association' means the Stu-
dent Loan Marketing Association. 
"(2) DISSOLUTION DATE.—^The term 'dissolution date' means 
September 30, 2008, or such earlier date as the Secretary 
of Education permits the transfer of remaining obligations in 
accordance with subsection (d). 
110 STAT. 3009-283 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(3) HOLDING COMPANY.—The term 'Holding Company' 
means the new business corporation established pursuant to 
this section by the Association under the laws of any State 
of the United States or the District of Columbia for the purposes 
of the reorganization and restructuring described in subsection 
(a). 
"(4) REMAINING OBLIGATIONS.—The term 'remaining obliga-
tions' means the debt obligations of the Association outstanding 
as of the dissolution date. 
"(5) REMAINING PROPERTY.—^The term 'remaining property' 
means the following assets and liabilities of the Association 
which are outstanding as of the reorganization effective date: 
"(A) Debt obligations issued by the Association. 
"(B) Contracts relating to interest rate, currency, or 
commodity positions or protections. 
"(C) Investment securities owned by the Association. 
"(D) Any instruments, assets, or agreements described 
in section 439(d) (including, without limitation, all student 
loans and agreements relating to the purchase and sale 
of student loans, forward purchase and lending commit-
ments, warehousing advances, academic facilities obliga-
tions, letters of credit, standby bond purchase agreements, 
liquidity agreements, and student loan revenue bonds or 
other loans). 
"(E) Except as specifically prohibited by this section 
or section 439, any other nonmaterial assets or liabilities 
of the Association which the Association's Board of Direc-
tors determines to be necessary or appropriate to the 
Association's operations. 
"(6) REORGANIZATION.—^The term 'reorganization' means 
the restructuring event or events (including any merger event) 
giving effect to the Holding Company structure described in 
subsection (a). 
"(7) REORGANIZATION EFFECTIVE DATE.—^The term 'reorga-
nization effective date' means the effective date of the reorga-
nization as determined by the Board of Directors of the Associa-
tion, which shall not be earlier than the date that shareholder 
approval is obtained pursuant to subsection (b) and shall not 
be later than the date that is 18 months after the date of 
enactment of this section. 
"(8) SUBSIDIARY.—^The term 'subsidiary* means one or more 
direct or indirect subsidiaries.", 
(b) TECHNICAL AMENDMENTS.— 
(1) ELIGIBLE LENDER.— 
(A) AMENDMENTS TO THE HIGHER EDUCATION ACT.— 
(i) 
DEFINITION 
OF 
ELIGIBLE 
LENDER.—Section 
435(d)(1)(F) of the Higher Education Act of 1965 (20 
U.S.C. 1085(d)(1)(F)) is amended by inserting after 
"Student Loan Marketing Association" the following: 
"or the Holding Company of the Student Loan Market-
ing Association, including any subsidiary of the Hold-
ing Company, created pursuant to section 440,". 
(ii) DEFINITION OF ELIGIBLE LENDER AND FEDERAL 
CONSOLIDATION 
LOANS.—Sections 
435(d)(1)(G) 
and 
428C(a)(l)(A) of such Act (20 U.S.C. 1085(d)(1)(G) and 
1078-3(a)(l)(A)) are each amended by inserting after 
"Student Loan Marketing Association" the following: 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-284 
"or the Holding Company of the Student Loan Market-
ing Association, including any subsidiary of the Hold-
ing Company, created pursuant to section 440". 
(B) EFFECTIVE DATE.—The amendments made by this 
20 use 1078-3 
paragraph shall take effect on the reorganization effective ^^ote. 
date as defined in section 440(h) of the Higher Education 
Act of 1965 (as added by subsection (a)). 
(2) 
ENFORCEMENT OF SAFETY AND SOUNDNESS REQUIRE-
MENTS.—nSection 439(r) of the Higher Education Act of 1965 
(20 U.S.C. 1087-2(r)) is amended— 
(A) in the first sentence of paragraph (12), by inserting 
"or the Association's associated persons" after "by the 
Association"; 
(B) by redesignating paragraph (13) as paragraph (15); 
and 
(C) by inserting after paragraph (12) the following 
new paragraph: 
"(13) 
ENFORCEMENT OF SAFETY AND SOUNDNESS REQUIRE-
MENTS.—^The Secretary of Education or the Secretary of the 
Treasury, as appropriate, may request that the Attorney Gen-
eral bring an action in the United States District Court for 
the District of Columbia for the enforcement of any provision 
of this section, or may, under the direction or control of the 
Attorney General, bring such an action. Such court shall have 
jurisdiction and power to order and require compliance with 
this section.". 
(3) FINANCIAL SAFETY AND SOUNDNESS.—Section 439(r) of 
the Higher Education Act of 1965 (20 U.S.C. 1087-2(r)) is 
further amended— 
(A) in paragraph (1)— 
(i) by striking "and" at the end of subparagraph 
(A); 
(ii) by striking the period at the end of subpara-
graph (B) and inserting "; and"; and 
(iii) by adding at the end the following new 
subparagraph: 
"(C)(i) financial statements of the Association within 
45 days of the end of each fiscal quarter; and 
"(ii) reports setting forth the calculation of the capital 
ratio of the Association within 45 days of the end of each 
fiscal quarter."; 
(B) in paragraph (2)— 
(i) by striking clauses (i) and (ii) of subparagraph 
(A) and inserting the following: 
"(i) appoint auditors or examiners to conduct audits 
of the Association from time to time to determine the 
condition of the Association for the purpose of assessing 
the Association's financial safety and soundness and to 
determine whether the requirements of this section and 
section 440 are being met; and 
"(ii) obtain the services of such experts as the Secretary 
of the Treasury determines necessary and appropriate, as 
authorized by section 3109 of title 5, United States Code, 
to assist in determining the condition of the Association 
for the purpose of assessing the Association's 
financial 
safety and soundness, and to determine whether the 
110 STAT. 3009-285 
PUBLIC LAW 104-208—SEPT. 30, 1996 
requirements of this section and section 440 are being 
met."; and 
(ii) by adding at the end the following new 
subparagraph: 
"(D) ANNUAL ASSESSMENT.— 
"(i) IN GENERAL.—For each fiscal year beginning on 
or after October 1, 1996, the Secretary of the Treasury 
may establish and collect from the Association an assess-
ment (or assessments) in amounts sufficient to provide 
for reasonable costs and expenses of carrying out the duties 
of the Secretary of the Treasury under this section and 
section 440 during such fiscal year. In no event may the 
total amount so assessed exceed, for any fiscal year, 
$800,000, adjusted for each fiscal year ending after Septem-
ber 30, 1997, by the ratio of the Consumer Price Index 
for All Urban Consumers (issued by the Bureau of Labor 
Statistics) for the final month of the fiscal year preceding 
the fiscal year for which the assessment is made to the 
Consumer Price Index for All Urban Consumers for 
September 1997. 
"(ii) DEPOSIT.—^Amounts collected from assessments 
under this subparagraph shall be deposited in an account 
within the Treasury of the United States as designated 
by the Secretary of the Treasury for that purpose. The 
Secretary of the Treasury is authorized and directed to 
pay out of any fiinds available in such account the reason-
able costs and expenses of carrying out the duties of the 
Secretary of the Treasury under this section and section 
440. None of the funds deposited into such account shall 
be available for any purpose other than making pa3niients 
for such costs and expenses."; and 
(C) by inserting after paragraph (13) (as added by 
paragraph (2)(C)) the following new paragraph: 
"(14) ACTIONS BY SECRETARY.— 
"(A) IN GENERAL.—For any fiscal quarter ending after 
January 1, 2000, the Association shall have a capital ratio 
of at least 2.25 percent. The Secretary of the Treasury 
may, whenever such capital ratio is not met, take any 
one or more of the actions described in paragraph (7), 
except that— 
"(i) the capital ratio to be restored pursuant to 
paragraph (7)(D) shall be 2.25 percent; and 
"(ii) if the relevant capital ratio is in excess of 
or equal to 2 percent for such quarter, the Secretary 
of the Treasury shall defer taking any of the actions 
set forth in paragraph (7) until the next succeeding 
quarter and may then proceed with any such action 
only if the capital ratio of the Association remains 
below 2.25 percent. 
"(B) APPLICABILITY.—^The provisions of paragraphs (4), 
(5), (6), (8), (9), (10), and (11) shall be of no further applica-
tion to the Association for any period after January 1, 
2000.". 
(4) INFORMATION REQUIRED; DIVIDENDS.—Section 439(r) of 
the Higher Education Act of 1965 (20 U.S.C. 1087-2(r)) is 
further amended— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-286 
(A) by adding at the end of paragraph (2) (as amended 
in paragraph (3)(B)(ii)) the following new subparagraph: 
"(E) 
OBLIGATION TO OBTAIN, 
MAINTAIN, AND REPORT 
INFORMATION.— 
"(i) IN GENERAL.—^The Association shall obtain such 
information and make and keep such records as the Sec-
retary of the Treasury may from time to time prescribe 
concerning— 
"(I) the financial risk to the Association resulting 
from the activities of any associated person, to the 
extent such activities are reasonably likely to have 
a material impact on the financial condition of the 
Association, including the Association's capital ratio, 
the Association's liquidity, or the Association's ability 
to conduct and finance the Association's operations; 
and 
"(II) the Association's policies, procedures, and sys-
tems for monitoring and controlling any such financial 
risk. 
"(ii) SUMMARY REPORTS.—The Secretary of the Treas-
ury may require summary reports of such information to 
be filed no more frequently than quarterly. If, as a result 
of adverse market conditions or based on reports provided 
pursuant to this subparagraph or other available informa-
tion, the Secretary of the Treasury has concerns regarding 
the financial or operational condition of the Association, 
the Secretary of the Treasury may, notwithstanding the 
preceding sentence and clause (i), require the Association 
to make reports concerning the activities of any associated 
person, whose business activities are reasonably likely to 
have a material impact on the financial or operational 
condition of the Association. 
"(iii) DEFINITION.—For purposes of this subparagraph, 
the term 'associated person' means any person, other than 
a natural person, directly or indirectly controlling, con-
trolled by, or under common control with the Association."; 
and 
(B) by adding at the end the following new paragraphs: 
"(16) DIVIDENDS.—The Association may pay dividends in 
the form of cash or noncash distributions so long as at the 
time of the declaration of such dividends, after giving effect 
to the payment of such dividends as of the date of such declara-
tion by the Board of Directors of the Association, the Associa-
tion's capital would be in compliance with the capital standards 
set forth in this section. 
"(17) CERTIFICATION PRIOR TO PAYMENT OF DIVIDEND.— 
Prior to the payment of any dividend under paragraph (16), 
the Association shall certify to the Secretary of the Treasury 
that the payment of the dividend will be made in compliance 
with paragraph (16) and shall provide copies of all calculations 
needed to make such certification.". 
(c) SUNSET OF THE ASSOCIATION'S CHARTER IF NO REORGANIZA-
TION PLAN OCCURS.—Section 439 of the Higher Education Act of 
1965 (20 U.S.C. 1087-2) is amended by adding at the end the 
following new subsection: 
"(s) CHARTER SUNSET.— 
29-194 O - 96 - 15 : QL 3 Part 4 
110 STAT. 3009-287 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(1) APPLICATION OF PROVISIONS.—This subsection applies 
beginning 18 months and one day after the date of enactment 
of this subsection if no reorganization of the Association occurs 
in accordance with the provisions of section 440. 
"(2) SUNSET PLAN.— 
"(A) PLAN SUBMISSION BY THE ASSOCIATION.—Not later 
than July 1, 2007, the Association shall submit to the 
Secretary of the Treasury and to the Chairman and Rank-
ing Member of the Committee on Labor and Human 
Resources of the Senate and the Chairman and Ranking 
Member of the Committee on Economic and Educational 
Opportunities of the House of Representatives, a detailed 
plan for the orderly winding up, by July 1, 2013, of business 
activities conducted pursuant to the charter set forth in 
this section. Such plan shall— 
"(i) ensure that the Association will have adequate 
assets to transfer to a trust, as provided in this sub-
section, to ensure full payment of remaining obligations 
of the Association in accordance with the terms of 
such obligations; 
"(ii) provide that all assets not used to pay liabil-
ities shall be distributed to shareholders as provided 
in this subsection; and 
"(iii) provide that the operations of the Association 
shall remain separate and distinct from that of any 
entity to which the assets of the Association are trans-
ferred. 
"(B) AMENDMENT OF THE PLAN BY THE ASSOCIATION.— 
The Association shall from time to time amend such plan 
to reflect changed circumstances, and submit such amend-
ments to the Secretary of the Treasury and to the Chair-
man and Ranking Minority Member of the Committee on 
Labor and Human Resources of the Senate and Chairman 
and Ranking Minority Member of the Committee on Eco-
nomic and Educational Opportunities of the House of Rep-
resentatives. In no case may any amendment extend the 
date for full implementation of the plan beyond the dissolu-
tion date provided in paragraph (3). 
"(C) PLAN MONITORING.—^The Secretary of the Treasury 
shall monitor the Association's compliance with the plan 
and shall continue to review the plan (including any amend-
ments thereto). 
"(D) AMENDMENT OF THE PLAN BY THE SECRETARY OF 
THE TREASURY.—The Secretary of the Treasury may require 
the Association to amend the plan (including any amend-
ments to the plan), if the Secretary of the Treasury deems 
such amendments necessary to ensure full payment of all 
obligations of the Association. 
"(E) 
IMPLEMENTATION BY THE ASSOCIATION.—The 
Association shall promptly implement the plan (including 
any amendments to the plan, whether such amendments 
are made by the Association or are required to be made 
by the Secretary of the Treasury). 
"(3) DISSOLUTION OF THE ASSOCIATION.—^The Association 
shall dissolve and the Association's separate existence shall 
terminate on July 1, 2013, after discharge of all outstanding 
debt obligations and liquidation pursuant to this subsection. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-288 
The Association may dissolve pursuant to this subsection prior 
to such date by notifying the Secretary of Education and the 
Secretary of the Treasury of the Association's intention to dis-
solve, unless within 60 days of receipt of such notice the Sec-
retary of Education notifies the Association that the Association 
continues to be needed to serve as a lender of last resort 
pursuant to subsection (q) or continues to be needed to purchase 
loans under an agreement with the Secretary described in 
paragraph (4)(A). On the dissolution date, the Association shall 
take the following actions: 
"(A) ESTABLISHMENT OF A TRUST.—The Association 
shall, under the terms of an irrevocable trust agreement 
in form and substance satisfactory to the Secretary of the 
Treasury, the Association, and the appointed trustee, irrev-
ocably transfer all remaining obligations of the Association 
to a trust and irrevocably deposit or cause to be deposited 
into such trust, to be held as trust funds solely for the 
benefit of holders of the remaining obligations, money or 
direct noncallable obligations of the United States or any 
agency thereof for which pajnnent the full faith and credit 
of the United States is pledged, maturing as to principal 
and interest in such amounts and at such times as are 
determined by the Secretary of the Treasury to be suffi-
cient, without consideration of any significant reinvestment 
of such interest, to pay the principal of, and interest on, 
the remaining obligations in accordance with their terms. 
"(B) USE OF TRUST ASSETS.—All money, obligations, 
or financial assets deposited into the trust pursuant to 
this subsection shall be applied by the trustee to the pay-
ment of the remaining obligations assumed by the trust. 
Upon the fulfillment of the trustee's duties under the trust, 
any remaining assets of the trust shall be transferred to 
the persons who, at the time of the dissolution, were the 
shareholders of the Association, or to the legal successors 
or assigns of such persons. 
"(C) OBLIGATIONS NOT TRANSFERRED TO THE TRUST.— 
The Association shall make proper provision for all other 
obligations of the Association, including the repurchase 
or redemption, or the making of proper provision for the 
repurchase or redemption, of any preferred stock of the 
Association outstanding. 
"(D) TRANSFER OF REMAINING ASSETS.—After compli-
ance with subparagraphs (A) and (C), the Association shall 
transfer to the shareholders of the Association any remain-
ing assets of the Association. 
"(4) RESTRICTIONS RELATING TO WINDING UP.— 
"(A) 
RESTRICTIONS ON NEW BUSINESS ACTIVITY OR 
ACQUISITION OF ASSETS BY THE ASSOCIATION.— 
"(i) IN GENERAL.—Beginning on July 1, 2009, the 
Association shall not engage in any new business 
activities or acquire any additional program assets 
(including acquiring assets pursuant to contractual 
commitments) described in subsection (d) other than 
in connection with the Association— 
"(I) serving as a lender of last resort pursuant 
to subsection (q); and 
110 STAT. 3009-289 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(11) purchasing loans insured under this part, 
if the Secretary, with the approval of the Secretary 
of the Treasury, enters into an agreement with 
the Association for the continuation or resumption 
of the Association's secondary market purchase 
program because the Secretary determines there 
is inadequate liquidity for loans made under this 
part. 
"(ii) AGREEMENT.—^The Secretary is authorized to 
enter into an agreement described in subclause (II) 
of clause (i) with the Association covering such second-
ary market activities. Any agreement entered into 
under such subclause shall cover a period of 12 months, 
but may be renewed if the Secretary determines that 
liquidity remains inadequate. The fee provided under 
subsection (h)(7) shall not apply to loans acquired 
under any such agreement with the Secretary. 
"(B) ISSUANCE OF DEBT OBLIGATIONS DURING THE WIND 
UP 
PERIOD; 
ATTRIBUTES 
OF 
DEBT 
OBLIGATIONS.—The 
Association shall not issue debt obligations which mature 
later than July 1, 2013, except in connection with serving 
as a lender of last resort pursuant to subsection (q) or 
with purchasing loans under an agreement with the Sec-
retary as described in subparagraph (A). Nothing in this 
subsection shall modify the attributes accorded the debt 
obligations of the Association by this section, regardless 
of whether such debt obligations are transferred to a trust 
in accordance with paragraph (3). 
"(C) USE OF ASSOCIATION NAME.—^The Association may 
not transfer or permit the use of the name 'Student Loan 
Marketing Association', 'Sallie Mae', or any variation 
thereof, to or by any entity other than a subsidiary of 
the Association.", 
(d) REPEALS.— 
(1) IN GENERAL.—Sections 439 of the Higher Education 
Act of 1965 (20 U.S.C. 1087-2) and 440 of such Act (as added 
by subsection (a) of this section) are repealed. 
20USC1087-2 
(2) EFFECTIVE DATE.—^The repeals made by paragraph (1) 
note. 
shall be effective one year after— 
(A) the date on which all of the obligations of the 
trust established under section 440(d)(1) of the Higher 
Education Act of 1965 (as added by subsection (a)) have 
been extinguished, if a reorganization occurs in accordance 
with section 440 of such Act; or 
(B) the date on which all of the obligations of the 
trust established under subsection 439(s)(3)(A) of such Act 
(as added by subsection (c)) have been extinguished, if 
a reorganization does not occur in accordance with section 
440 of such Act. 
20 use 1087-2 
(e) ASSOCIATION NAMES.—^Upon dissolution in accordance with 
note. 
section 439(s) of the Higher Education Act of 1965 (20 U.S.C. 
1087-2), the names "Student Loan Marketing Association", "Sallie 
Mae", and any variations thereof may not be used by any entity 
engaged in any business similar to the business conducted pursuant 
to section 439 of such Act (as such section was in effect on the 
date of enactment of this Act) without the approval of the Secretary 
of the Treasury. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-290 
(f) RIGHT TO E>fFORCE.—^The Secretary of Education or the 
20 USC 1087-2 
Secretary of the Treasury, as appropriate, may request that the note. 
Attorney General bring an action in the United States District 
Court for the District of Columbia for the enforcement of any 
provision of subsection (e), or may, under the direction or control 
of the Attorney General, bring such an action. Such court shall 
have jurisdiction and power to order and require compliance with 
subsection (e). 
SEC. 603. CONNIE LEE PRIVATIZATION. 
20 USC 
1132f—10 
(a) 
STATUS OF THE CORPORATION AND CORPORATE POWERS; 
OBLIGATIONS NOT FEDERALLY GUARANTEED.— 
(1) STATUS OF THE CORPORATION.—^The Corporation shall 
not be an agency, instrumentality, or establishment of the 
United States Government, nor a Government corporation, nor 
a Government controlled corporation, as such terms are defined 
in section 103 of title 5, United States Code. No action under 
section 1491 of title 28, United States Code (commonly known 
as the Tucker Act) shall be allowable against the United States 
based on the actions of the Corporation. 
(2) CORPORATE POWERS.—^The Corporation shall be subject 
to the provisions of this section, and, to the extent not inconsist-
ent with this section, to the District of Columbia Business 
Corporation Act (or the comparable law of another State, if 
applicable). The Corporation shall have the powers conferred 
upon a corporation by the District of Columbia Business Cor-
poration Act (or such other applicable State law) as from time 
to time in effect in order to conduct the Corporation's affairs 
as a private, for-profit corporation and to carry out the Corpora-
tion's purposes and activities incidental thereto. The Corpora-
tion shall have the power to enter into contracts, to execute 
instruments, to incur liabilities, to provide products and serv-
ices, and to do all things as are necessary or incidental to 
the proper management of the Corporation's affairs and the 
efficient operation of a private, for-profit business. 
(3) LIMITATION ON OWNERSHIP OF STOCK.— 
(A) STUDENT LOAN MARKETING ASSOCLATION.—^The Stu-
dent Loan Marketing Association shall not increase its 
share of the ownership of the Corporation in excess of 
42 percent of the shares of stock of the Corporation 
outstanding on the date of enactment of this Act. The 
Student Loan Marketing Association shall not control the 
operation of the Corporation, except that the Student Loan 
Marketing Association may participate in the election of 
directors as a shareholder, and may continue to exercise 
the Student Loan Marketing Association's right to appoint 
directors under section 754 of the Higher Education Act 
of 1965 (20 U.S.C. 1132f-3) as long as that section is 
in effect. 
(B) PROHIBITION.—^Until such time as the Secretary 
of the Treasury sells the stock of the Corporation owned 
by the Secretary of Education pursuant to subsection (c), 
the Student Loan Marketing Association shall not provide 
financial support or guarantees to the Corporation. 
(C) 
FINANCLVL SUPPORT OR GUARANTEES.—^After 
the 
Secretary of the Treasury sells the stock of the Corporation 
owned by the Secretary of Education pursuant to subsection 
110 STAT. 3009-291 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(c), the Student Loan Marketing Association may provide 
financial support or guarantees to the Corporation, if such 
support or guarantees are subject to terms and conditions 
that are no more advantageous to the Corporation than 
the terms and conditions the Student Loan Marketing 
Association provides to other entities, including, where 
applicable, other monoline financial guaranty corporations 
in which the Student Loan Marketing Association has no 
ownership interest. 
(4) No FEDERAL GUARANTEE.— 
(A) OBLIGATIONS INSURED BY THE CORPORATION.— 
(i) 
FULL 
FAITH AND CREDIT OF THE UNITED 
STATES.—No obligation that is insured, guaranteed, or 
otherwise backed by the Corporation shall be deemed 
to be an obligation that is guaranteed by the full 
faith and credit of the United States. 
(ii) STUDENT LOAN MARKETING ASSOCIATION.—^No 
obligation that is insured, guaranteed, or otherwise 
backed by the Corporation shall be deemed to be an 
obligation that is guaranteed by the Student Loan 
Marketing Association. 
(iii) SPECIAL RULE.—^This paragraph shall not 
affect the determination of whether such obligation 
is guaranteed for purposes of Federal income taxes. 
(B) SECURITIES OFFERED BY THE CORPORATION.—No 
debt or equity securities of the Corporation shall be deemed 
to be guaranteed by the full faith and credit of the United 
States. 
(5) DEFINITION.—The term "Corporation" as used in this 
section means the College Construction 
Loan 
Insurance 
Association as in existence on the day before the date of enact-
ment of this Act, and any successor corporation. 
(b) RELATED PRIVATIZATION REQUIREMENTS.— 
(1) NOTICE REQUIREMENTS.— 
(A) IN GENERAL.—During the six-year period following 
the date of enactment of this Act, the Corporation shall 
include, in each of the Corporation's contracts for the insur-
ance, guarantee, or reinsurance of obligations, and in each 
document offering debt or equity securities of the Corpora-
tion, a prominent statement providing notice that— 
(i) such obligations or such securities, as the case 
may be, are not obligations of the United States, nor 
are such obligations or such securities, as the case 
may be, guaranteed in any way by the full faith and 
credit of the United States; and 
(ii) the Corporation is not an instrumentality of 
the United States. 
(B) ADDITIONAL NOTICE.—During the five-year period 
following the sale of stock pursuant to subsection (c)(1), 
in addition to the notice requirements in subparagraph 
(A), the Corporation shall include, in each of the contracts 
and documents referred to in such subparagraph, a promi-
nent statement providing notice that the United States 
is not an investor in the Corporation. 
(2) CORPORATE CHARTER.—^The Corporation's charter shall 
be amended as necessary and without delay to conform to 
the requirements of this section. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-292 
(3) CORPORATE NAME.—The name of the Corporation, or 
of any direct or indirect subsidiary thereof, may not contain 
the term "College Construction Loan Insurance Association", 
or any substantially similar variation thereof. 
(4) ARTICLES OF INCORPORATION.—^The Corporation shall 
amend the Corporation's articles of incorporation without delay 
to reflect that one of the purposes of the Corporation shall 
be to guarantee, insure, and reinsure bonds, leases, and other 
evidences of debt of educational institutions, including Histori-
cally Black Colleges and Universities and other academic 
institutions which are ranked in the lower investment grade 
category using a nationally recognized credit rating system. 
(5) REQUIREMENTS UNTIL STOCK SALE.—Notwithstanding 
subsection (d), the requirements of sections 754 and 760 of 
the Higher Education Act of 1965 (20 U.S.C. 1132f-3 and 
1132f-9), as such sections were in effect on the day before 
the date of enactment of this Act, shall continue to be effective 
until the day immediately following the date of closing of the 
purchase of the Secretary of Education's stock (or the date 
of closing of the final purchase, in the case of multiple trans-
actions) pursuant to subsection (c)(1) of this Act. 
(c) SALE OF FEDERALLY OWNED STOCK.— 
(1) PURCHASE BY THE CORPORATION.—The Secretary of the 
Treasury shall sell and the Corporation shall purchase, within 
90 days after the date of enactment of this Act, the stock 
of the Corporation held by the Secretary of Education at a 
price determined by the binding, independent appraisal of a 
nationally recognized financial firm, except that the 90-day 
period may be extended by mutual agreement of the Secretary 
of the Treasury and the Corporation to not more than 150 
days after the date of enactment of this Act. The appraiser 
shall be jointly selected by the Secretary of the Treasury and 
the Corporation. In the event that the Secretary of the Treasury 
and the Corporation cannot agree on the appraiser, then the 
Secretary of the Treasury and the Corporation shall name 
an independent third party to select the appraiser. 
(2) REIMBURSEMENT OF COSTS AND EXPENSES OF SALE.— 
The Secretary of the Treasury shall be reimbursed from the 
proceeds of the sale of the stock under this subsection for 
all reasonable costs and expenses related to such sale, except 
that one-half of all reasonable costs and expenses relating 
to the independent appraisal under paragraph (1) shall be 
borne by the Corporation. 
(3) DEPOSIT INTO ACCOUNT.—Amounts collected from the 
sale of stock pursuant to this subsection that are not used 
to reimburse the Secretary of the Treasury pursuant to para-
graph (2) shall be deposited into the account established under 
subsection (e). 
(4) ASSISTANCE BY THE CORPORATION.—The Corporation 
shall provide such assistance as the Secretary of the Treasury 
and the Secretary of Education may require to facilitate the 
sale of the stock under this subsection. 
(5) REPORT TO CONGRESS.—Not later than 6 months after 
the date of enactment of this Act, the Secretary of the Treasury 
shall report to the appropriate committees of Congress on the 
completion and terms of the sale of stock of the Corporation 
pursuant to this subsection. 
110 STAT. 3009-293 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(d) REPEAL OF STATUTORY RESTRICTIONS AND RELATED PROVI-
SIONS.—Part D of title VII of the Higher Education Act of 1965 
(20 U.S.C. 1132f et seq.) is repealed. 
(e) ESTABLISHMENT OF ACCOUNT.— 
(1) IN GENERAL.—^Notwithstanding any other provision of 
law, the District of Columbia Financial Responsibility and 
Management Assistance Authority shall establish an account 
to receive— 
(A) amounts collected from the sale and proceeds 
resulting from the exercise of stock warrants pursuant 
to section 440(c)(9) of the Higher Education Act of 1965; 
(B) amounts and proceeds remitted as compensation 
for the right to assign the "Sallie Mae" name as a trade-
mark or service mark pursuant to section 440(e)(3) of the 
Higher Education Act of 1965; and 
(C) amounts and proceeds collected from the sale of 
the stock of the Corporation and deposited pursuant to 
subsection (c)(3). 
(2) AMOUNTS AND PROCEEDS.— 
(A) 
AMOUNTS AND PROCEEDS RELATING TO SALLIE 
MAE.—^The amounts and proceeds described in subpara-
graphs (A) and (B) of paragraph (1) shall be used to finance 
public elementary and secondary school facility construc-
tion and repair within the District of Columbia or to carry 
out the District of Columbia School Reform Act of 1995. 
(B) 
AMOUNTS AND PROCEEDS RELATING TO CONNIE 
LEE.—^The amounts and proceeds described in subpara-
graph (C) of paragraph (1) shall be used to finance public 
elementary and secondary school facility construction and 
repair within the District of Columbia. 
SEC. 604. DISCRIMINATION IN SECONDARY MARKETS PROHIBITED. 
Part B of title IV of the Higher Education Act of 1965 (20 
U.S.C. 1071 et seq.) is amended by adding after section 440 (as 
added by section 602) the following new section: 
20 use 1087-4. 
"SEC 440A. DISCRIMINATION IN SECONDARY MARKETS PROHIBITED. 
"The Student Loan Marketing Association (and, if the Associa-
tion is privatized under section 440, any successor entity functioning 
as a secondary market for loans under this part, including the 
Holding Company described in such section) shall not engage 
directly or indirectly in any pattern or practice that results in 
a denial of a borrower's access to loans under this part because 
of the borrower's race, sex, color, religion, national origin, age, 
disability status, income, attendance at a particular eligible institu-
tion, length of the borrower's educational program, or the borrower's 
academic year at an eligible institution.". 
Museum and 
TITLE VII—MUSEUM AND LIBRARY SERVICES ACT OF 1996 
Library Services 
Act of 1996. 
SECTION 701. SHORT TITLE. 
Z\j UoL' "lUl 
note. 
This title may be cited as the "Museum and Library Services 
Act of 1996". 
SEC. 702. MUSEUM AND LIBRARY SERVICES. 
The Museum Services Act (20 U.S.C. 961 et seq.) is amended 
to read as follows: 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-294 
"TITLE II—MUSEUM AND LIBRARY SERVICES 
Museum and 
Library Services 
"Subtitle A—General Provisions 
Act. 
"SEC. 201. SHORT TITLE. 
20 USC 9101 
"This title may be cited as the 'Museum and Library Services 
Act'. 
"SEC. 202. GENERAL DEFINITIONS. 
20 USC 9101. 
"As used in this title: 
"(1) COMMISSION.—^The term 'Commission' means the 
National Commission on Libraries and Information Science 
established under section 3 of the National Commission on 
Libraries and Information Sciences Act (20 U.S.C. 1502). 
"(2) DIRECTOR.—The term 'Director' means the Director 
of the Institute appointed under section 204. 
"(3) INSTITUTE.—^The term 'Institute' means the Institute 
of Museum and Library Services established under section 203. 
"(4) MUSEUM BOARD.—The term 'Museum Board' means 
the National Museum Services Board established under section 
275. 
"SEC. 203. INSTITUTE OF MUSEUM AND LIBRARY SERVICES. 
20 USC 9102. 
"(a) ESTABLISHMENT.—^There is established, within the National 
Foundation on the Arts and the Humanities, an Institute of Museum 
and Library Services. 
"(b) OFFICES.—The Institute shall consist of an Office of 
Museum Services and an Office of Library Services. There shall 
be a National Museum Services Board in the Office of Museum 
Services. 
"SEC. 204. DIRECTOR OF THE INSTITUTE. 
20 USC 9103. 
"(a) APPOINTMENT.— 
"(1) IN GENERAL.—^The Institute shall be headed by a Direc-
tor, appointed by the President, by and with the advice and 
consent of the Senate. 
"(2) TERM.—^The Director shall serve for a term of 4 years. 
"(3) QUALIFICATIONS.—Beginning with the first individual 
appointed to the position of Director after the date of enactment 
of the Museum and Library Services Act of 1996, every second 
individual so appointed shall be appointed from among individ-
uals who have special competence with regard to library and 
information services. Beginning with the second individual 
appointed to the position of Director after the date of enactment 
of the Museum and Library Services Act of 1996, every second 
individual so appointed shall be appointed from among individ-
uals who have special competence with regard to museum 
services. 
"(b) COMPENSATION.—^The Director may be compensated at the 
rate provided for level III of the Executive Schedule under section 
5314 of title 5, United States Code. 
"(c) DUTIES AND POWERS.—The Director shall perform such 
duties and exercise such powers as may be prescribed by law, 
including awarding financial assistance for activities described in 
this title. 
"(d) NONDELEGATION.—The Director shall not delegate any of 
the functions of the Director to any person who is not an officer 
or employee of the Institute. 
110 STAT. 3009-295 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(e) COORDINATION.—^The Director shall ensure coordination 
of the policies and activities of the Institute with the policies 
and activities of other 
agencies 
and 
offices 
of the Federal 
Government having interest in and responsibilities for the improve-
ment of museums Eind libraries and information services. 
20 use 9104. 
"SEC. 205. DEPUTY DIRECTORS. 
'The Office of Library Services shall be headed by a Deputy 
Director, who shall be appointed by the Director from among 
individuals who have a graduate degree in library science and 
expertise in library and information services. The Office of Museum 
Services shall be headed by a Deputy Director, who shall be 
appointed by the Director from among individuals who have exper-
tise in museum services. 
20 use 9105. 
"SEC. 206. PERSONNEL. 
"(a) IN GENERAL.—The Director may, in accordance with 
applicable provisions of title 5, United States Code, appoint and 
determine the compensation of such employees as the Director 
determines to be necessary to carry out the duties of the Institute. 
"(b) VOLUNTARY SERVICES.—^The Director may accept and utilize 
the voluntary services of individuals and reimburse the individuals 
for travel expenses, including per diem in lieu of subsistence, in 
the same amounts and to the same extent as authorized under 
section 5703 of title 5, United States Code, for persons employed 
intermittently in Federal Government service. 
20 use 9106. 
"SEC. 207. CONTRIBUTIONS. 
"The Institute is authorized to solicit, accept, receive, and invest 
in the name of the United States, gifts, bequests, or devises of 
money and other property or services and to use such property 
or services in furtherance of the functions of the Institute. Any 
proceeds from such gifts, bequests, or devises, after acceptance 
by the Institute, shall be paid by the donor or the representative 
of the donor to the Director. The Director shall enter the proceeds 
in a special-interest bearing account to the credit of the Institute 
for the purposes specified in each case. 
Library Services 
"Subtitlc B—^Library Scrviccs and Technology 
£ind Technology 
Act. 
"SEC. 211. SHORT TITLE. 
20 use 9101 
,^_, . 
, . , 
, 
. 
, 
, 
.
X ., 
« 
. 
, r
w
, , 
note. 
This subtitle may be cited as the Library Services and Tech-
nology Act'. 
20 use 9121. 
"SEC. 212. PURPOSE. 
"It is the purpose of this subtitle— 
"(1) to consolidate Federal library service programs; 
"(2) to stimulate excellence and promote access to learning 
and information resources in all types of libraries for individ-
uals of all ages; 
"(3) to promote library services that provide all users access 
to information through State, regional, national and inter-
national electronic networks; 
"(4) to provide linkages among and between libraries; and 
"(5) to promote targeted library services to people of diverse 
geographic, cultural, and socioeconomic backgrounds, to individ-
uals with disabilities, and to people with limited functional 
literacy or information skills. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-296 
"SEC. 213. DEFINITIONS. 
20 USC 9122. 
"As used in this subtitle: 
"(1) INDIAN TRIBE.—The term 'Indian tribe' means any 
tribe, band, nation, or other organized group or community, 
including any Alaska native village, regional corporation, or 
village corporation, as defined in or established pursuant to 
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.), which is recognized by the Secretary of the Interior as 
eligible for the special programs and services provided by the 
United States to Indians because of their status as Indians. 
"(2) LIBRARY.—The term 'library' includes— 
"(A) a public library; 
"(B) a public elementary school or secondary school 
library; 
"(C) an academic library; 
"(D) a research library, which for the purposes of this 
subtitle means a library that— 
"(i) makes publicly available library services and 
materials suitable for scholarly research and not other-
wise available to the public; and 
"(ii) is not an integral part of an institution of 
higher education; and 
"(E) a private library, but only if the State in which 
such private library is located determines that the library 
should be considered a library for purposes of this subtitle. 
"(3) LIBRARY CONSORTIUM.—^The term library consortium' 
means any local, statewide, regional, interstate, or international 
cooperative association of library entities which provides for 
the systematic and effective coordination of the resources of 
school, public, academic, and special libraries and information 
centers, for improved services for the clientele of such library 
entities. 
"(4) STATE.—^The term 'State', unless otherwise specified, 
includes each of the 50 States of the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, the United 
States Virgin Islands, Guam, American Samoa, the Common-
wealth of the Northern Mariana Islands, the Republic of the 
Marshall Islands, the Federated States of Micronesia, and the 
Republic of Palau. 
"(5) STATE LIBRARY ADMINISTRATIVE AGENCY.—The term 
'State library administrative agency* means the official agency 
of a State charged by the law of the State with the extension 
and development of public library services throughout the State. 
"(6) STATE PLAN.—The term 'State plan' means the docu-
ment which gives assurances that the officially designated State 
library administrative agency has the fiscal and legal authority 
and capability to administer all aspects of this subtitle, provides 
assurances for establishing the State's policies, priorities, cri-
teria, and procedures necessary to the implementation of all 
programs under this subtitle, submits copies for approval as 
required by regulations promulgated by the Director, identifies 
a State's library needs, and sets forth the activities to be 
taken toward meeting the identified needs supported with the 
assistance of Federal funds made available under this subtitle. 
"SEC. 214. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 9123. 
"(a) AUTHORIZATION OF APPROPRIATIONS.— 
110 STAT. 3009-297 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(1) IN GENERAL.—^There are authorized to be appropriated 
$150,000,000 for fiscal year 1997 and such sums as may be 
necessary for each of the fiscal years 1998 through 2002 to 
carry out this subtitle. 
"(2) TRANSFER.—The Secretary of Education shall— 
"(A) transfer promptly to the Director any funds appro-
priated under the authority of paragraph (1), to enable 
the Director to carry out this subtitle; and 
"(B) not exercise any authority concerning the adminis-
tration of this title other than the transfer described in 
subparagraph (A). 
"(b) FORWARD FUNDING.— 
"(1) IN GENERAL.—^To the end of affording the responsible 
Federal, State, and local officers adequate notice of available 
Federal financial assistance for carrying out ongoing library 
activities and projects, appropriations for grants, contracts, or 
other payments under any program under this subtitle are 
authorized to be included in the appropriations Act for the 
fiscal year preceding the fiscal year during which such activities 
and projects shall be carried out. 
"(2) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.—In 
order to effect a transition to the timing of appropriation action 
authorized by subsection (a), the application of this section 
may result in the enactment, in a fiscal year, of separate 
appropriations for a program under this subtitle (whether in 
the same appropriations Act or otherwise) for two consecutive 
fiscal years. 
"(c) ADMINISTRATION.—Not more than 3 percent of the funds 
appropriated under this section for a fiscal year may be used 
to pay for the Federal administrative costs of carrying out this 
subtitle. 
"CHAPTER 1—BASIC PROGRAM REQUIREMENTS 
20 use 9131. 
"SEC. 221. RESERVATIONS AND ALLOTMENTS. 
"(a) RESERVATIONS.— 
"(1) IN GENERAL.—From the amount appropriated under 
the authority of section 214 for any fiscal year, the Director— 
"(A) shall reserve 1^2 percent to award grants in 
accordance with section 261; and 
"(B) shall reserve 4 percent to award national leader-
ship grants or contracts in accordance with section 262. 
"(2) SPECIAL RULE.—If the funds reserved pursuant to para-
graph (1)(B) for a fiscal year have not been obligated by the 
end of such fiscal year, then such funds shall be allotted in 
accordance with subsection (b) for the fiscal year succeeding 
the fiscal year for which the funds were so reserved. 
"(b) ALLOTMENTS.— 
"(1) IN GENERAL.—From the sums appropriated under the 
authority of section 214 and not reserved under subsection 
(a) for any fiscal year, the Director shall award grants from 
minimum allotments, as determined under paragraph (3), to 
each State. Any sums remaining after minimum allotments 
are made for such year shall be allotted in the manner set 
forth in paragraph (2). 
"(2) REMAINDER.—From the remainder of any sums appro-
priated under the authority of section 214 that are not reserved 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-298 
under subsection (a) and not allotted under paragraph (1) for 
any fiscal year, the Director shall award grants to each State 
in an amount that bears the same relation to such remainder 
as the population of the State bears to the population of all 
States. 
"(3) MINIMUM ALLOTMENT.— 
"(A) IN GENERAL.—For the purposes of this subsection, 
the minimum allotment for each State shall be $340,000, 
except that the minimum allotment shall be $40,000 in 
the case of the United States Virgin Islands, Guam, Amer-
ican Samoa, the Commonwealth of the Northern Mariana 
Islands, the Republic of the Marshall Islands, the Federated 
States of Micronesia, and the Republic of Palau. 
"(B) RATABLE REDUCTIONS.—If the sum appropriated 
under the authority of section 214 and not reserved under 
subsection (a) for any fiscal year is insufficient to fully 
satisfy the aggregate of the minimum allotments for all 
States for that purpose for such year, each of such mini-
mum allotments shall be reduced ratably. 
"(C) SPECIAL RULE.— 
"(i) IN GENERAL.—Notwithstanding any other 
provision of this subsection and using funds allotted 
for the Republic of the Marshall Islands, the Federated 
States of Micronesia, and the Republic of Palau under 
this subsection, the Director shall award grants to 
Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, the Republic of the Mar-
shall Islands, the Federated States of Micronesia, or 
the Republic of Palau to carry out activities described 
in this subtitle in accordance with the provisions of 
this subtitle that the Director determines are not 
inconsistent with this subparagraph. 
"(ii) AWARD BASIS.—^The Director shall award 
grants pursuant to clause (i) on a competitive basis 
and pursuant to recommendations from the Pacific 
Region Educational Laboratory in Honolulu, Hawaii. 
"(iii) TERMINATION OF ELIGIBILITY.—Notwithstand-
ing any other provision of law, the Republic of the 
Marshall Islands, the Federated States of Micronesia, 
and the Republic of Palau shall not receive any funds 
under this subtitle for any fiscal year that begins after 
September 30, 2001. 
"(iv) ADMINISTRATIVE COSTS.—The Director may 
provide not more than 5 percent of the funds made 
available for grants under this subparagraph to pay 
the administrative costs of the Pacific Region Edu-
cational Laboratory regarding activities assisted under 
this subparagraph. 
"(4) DATA.—The population of each State and of all the 
States shall be determined by the Director on the basis of 
the most recent data available from the Bureau of the Census. 
"SEC. 222. ADMINISTRATION. 
20 USC 9132. 
"(a) IN GENERAL.—^Not more than 4 percent of the total amount 
of funds received under this subtitle for any fiscal year by a State 
may be used for administrative costs. 
110 STAT. 3009-299 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(b) CONSTRUCTION.—Nothing in this section shall be construed 
to limit spending for evaluation costs under section 224(c) from 
sources other than this subtitle. 
20 use 9133. 
"SEC. 223. PAYMENTS; FEDERAL SHARE; AND MAINTENANCE OF 
EFFORT REQUIREMENTS. 
"(a) PAYMENTS.—Subject to appropriations provided pursuant 
to section 214, the Director shall pay to each State library adminis-
trative agency having a State plan approved under section 224 
the Federal share of the cost of the activities described in the 
State plan. 
"(b) FEDERAL SHARE.— 
"(1) IN GENERAL.—The Federal share shall be 66 percent. 
"(2) NON-FEDERAL SHARE.—The non-Federal share of pay-
ments shall be provided from non-Federal, State, or local 
sources. 
"(c) MAINTENANCE OF EFFORT.— 
"(1) STATE EXPENDITURES.— 
"(A) REQUIREMENT.— 
"(i) IN GENERAL.—^The amount otherwise payable 
to a State for a fiscal year pursuant to an allotment 
under this chapter shall be reduced if the level of 
State expenditures, as described in paragraph (2), for 
the previous fiscal year is less than the average of 
the total of such expenditures for the 3 fiscal years 
preceding that previous fiscal year. The amount of 
the reduction in allotment for any fiscal year shall 
be equal to the amount by which the level of such 
State expenditures for the fiscal year for which the 
determination is made is less than the average of 
the total of such expenditures for the 3 fiscal years 
preceding the fiscal year for which the determination 
is made. 
"(ii) 
CALCULATION.—^Any 
decrease 
in 
State 
expenditures resulting from the application of subpara-
graph (B) shall be excluded from the calculation of 
the average level of State expenditures for any 3-year 
period described in clause (i). 
"(B) DECREASE IN FEDERAL SUPPORT.—If the amount 
made available under this subtitle for a fiscal year is less 
than the amount made available under this subtitle for 
the preceding fiscal year, then the expenditures required 
by subparagraph (A) for such preceding fiscal year shall 
be decreased by the same percentage as the percentage 
decrease in the amount so made available. 
"(2) LEVEL OF STATE EXPENDITURES.—^The level of State 
expenditures for the purposes of paragraph (1) shall include 
all State dollars expended by the State library administrative 
agency for library programs that are consistent with the pur-
poses of this subtitle. All funds included in the maintenance 
of effort calculation under this subsection shall be expended 
during the fiscal year for which the determination is made, 
and shall not include capital expenditures, special one-time 
project costs, or similar windfalls. 
"(3) WAIVER.—The Director may waive the requirements 
of paragraph (1) if the Director determines that such a waiver 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-300 
would be equitable due to exceptional or uncontrollable cir-
cumstances such as a natural disaster or a precipitous and 
unforeseen decline in the financial resources of the State. 
"SEC. 224. STATE PLANS. 
20 USC 9134. 
"(a) STATE PLAN REQUIRED.— 
"(1) IN GENERAL.—In order to be eligible to receive a grant 
under this subtitle, a State library administrative agency shall 
submit a State plan to the Director not later than April 1, 
1997. 
"(2) DURATION.—^The State plan shall cover a period of 
5 fiscal years. 
"(3) REVISIONS.—If a State library administrative agency 
makes a substantive revision to its State plan, then the State 
library administrative agency shall submit to the Director an 
amendment to the State plan containing such revision not 
later than April 1 of the fiscal year preceding the fiscal year 
for which the amendment will be effective. 
"(b) CONTENTS.—The State plan shall— 
"(1) establish goals, and specify priorities, for the State 
consistent with the purposes of this subtitle; 
"(2) describe activities that are consistent with the goals 
and priorities established under paragraph (1), the purposes 
of this subtitle, and section 231, that the State library adminis-
trative agency will carry out during such year using such 
grant; 
"(3) describe the procedures that such agency will use 
to carry out the activities described in paragraph (2); 
"(4) describe the methodology that such agency will use 
to evaluate the success of the activities established under para-
graph (2) in achieving the goals and meeting the priorities 
described in paragraph (1); 
"(5) describe the procedures that such agency will use 
to involve libraries and library users throughout the State 
in policy decisions regarding implementation of this subtitle; 
and 
"(6) provide assurances satisfactory to the Director that 
such agency will make such reports, in such form and contain-
ing such information, as the Director may reasonably require 
to carry out this subtitle and to determine the extent to which 
funds provided under this subtitle have been effective in carry-
ing out the purposes of this subtitle. 
"(c) EVALUATION AND REPORT.—Each State library administra-
tive agency receiving a grant under this subtitle shall independently 
evaluate, and report to the Director regarding, the activities assisted 
under this subtitle, prior to the end of the 5-year plan. 
"(d) INFORMATION.—Each library receiving assistance under 
this subtitle shall submit to the State library administrative agency 
such information as such agency may require to meet the require-
ments of subsection (c). 
"(e) APPROVAL.— 
"(1) IN GENERAL.—^The Director shall approve any State 
plan under this subtitle that meets the requirements of this 
subtitle and provides satisfactory assurances that the provisions 
of such plan will be carried out. 
110 STAT. 3009-301 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(2) PUBLIC AVAILABILITY.—Each State library administra-
tive agency receiving a grant under this subtitle shall make 
the State plan available to the public. 
"(3) ADMINISTRATION.—If the Director determines that the 
State plan does not meet the requirements of this section, 
the Director shall— 
"(A) immediately notify the State library administra-
tive agency of such determination and the reasons for 
such determination; 
"(B) offer the State library administrative agency the 
opportunity to revise its State plan; 
"(C) provide technical assistance in order to assist the 
State library administrative agency in meeting the require-
ments of this section; and 
"(D) provide the State library administrative agency 
the opportunity for a hearing. 
"CHAPTER 
2—LIBRARY 
PROGRAMS 
20 use 9141. 
"SEC. 231. GRANTS TO STATES. 
"(a) IN GENERAL.—Of the funds provided to a State library 
administrative agency under section 214, such agency shall expend, 
either directly or through subgrants or cooperative agreements, 
at least 96 percent of such funds for— 
"(1)(A) establishing or enhancing electronic linkages among 
or between libraries; 
"(B) electronically linking libraries with educational, social, 
or information services; 
"(C) assisting libraries in accessing information through 
electronic networks; 
"(D) encouraging libraries in different areas, and encourag-
ing different tj^jes of libraries, to establish consortia and share 
resources; or 
"(E) paying costs for libraries to acquire or share computer 
systems and telecommunications technologies; and 
"(2) targeting library and information services to persons 
having difficulty using a library and to underserved urban 
and rural communities, including children (from birth through 
age 17) from families with incomes below the poverty line 
(as defined by the Office of Management and Budget and 
revised annually in accordance with section 673(2) of the 
Community Services Block Grant Act (42 U.S.C. 9902(2)) 
applicable to a family of the size involved. 
"(b) SPECIAL RULE.—Each State library administrative agency 
receiving funds under this chapter may apportion the funds avail-
able for the purposes described in subsection (a) between the two 
purposes described in paragraphs (1) and (2) of such subsection, 
as appropriate, to meet the needs of the individual State. 
"CHAPTER 3—ADMINISTRATIVE PROVISIONS 
"Subchapter A—State Requirements 
20 use 9151. 
"SEC. 251. STATE ADVISORY COUNCILS. 
"Each State desiring assistance under this subtitle may estab-
lish a State advisory council which is broadly representative of 
the library entities in the State, including public, school, academic. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-302 
special, and institutional libraries, and libraries serving individuals 
with disabilities. 
"Subchapter B—Federal Requirements 
"SEC. 261. SERVICES FOR INDIAN TRIBES. 
20 USC 9161. 
"From amounts reserved under section 221(a)(1)(A) for any 
fiscal year the Director shall award grants to organizations pri-
marily serving and representing Indian tribes to enable such 
organizations to carry out the activities described in section 231. 
"SEC. 262. NATIONAL LEADERSHIP GRANTS OR CONTRACTS. 
20 USC 9162. 
"(a) IN GENERAL.—From the amounts reserved under section 
221(a)(1)(B) for any fiscal year the Director shall establish and 
carry out a program awarding national leadership grants or con-
tracts to enhance the quality of library services nationwide and 
to provide coordination between libraries and museums. Such grants 
or contracts shall be used for activities that may include— 
"(1) education and training of persons in library and 
information science, particularly in areas of new technology 
and other critical needs, including graduate 
fellowships, 
traineeships, institutes, or other programs; 
"(2) research and demonstration projects related to the 
improvement of libraries, education in library and information 
science, enhancement of library services through effective and 
efficient use of new technologies, and dissemination of informa-
tion derived from such projects; 
"(3) preservation of digitization of library materials and 
resources, giving priority to projects emphasizing coordination, 
avoidance of duplication, and access by researchers beyond 
the institution or library entity undertaking the project; and 
"(4) model programs demonstrating cooperative efforts 
between libraries and museums. 
"(b) GRANTS OR CONTRACTS.— 
"(1) IN GENERAL.—^The Director may carry out the activities 
described in subsection (a) by awarding grants to, or entering 
into contracts with, libraries, agencies, institutions of higher 
education, or museums, where appropriate. 
"(2) COMPETITIVE BASis.^<Jrants and contracts under this 
section shall be awarded on a competitive basis. 
"(c) SPECIAL RULE.—^The Director shall make every effort 
to ensure that activities assisted under this section are administered 
by appropriate library and museum professionals or experts. 
"SEC. 263. STATE AND LOCAL INITIATIVES. 
20 USC 9163. 
"Nothing in this subtitle shall be construed to interfere with 
State and local initiatives and responsibility in the conduct of 
library services. The administration of libraries, the selection of 
personnel and library books and materials, and insofar as consistent 
with the purposes of this subtitle, the determination of the best 
uses of the funds provided under this subtitle, shall be reserved 
for the States and their local subdivisions. 
"Subtitle C—Museum Services 
"SEC. 271. PURPOSE. 
20 USC 9171. 
"It is the purpose of this subtitle— 
110 STAT. 3009-303 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(1) to encourage and assist museums in their educational 
role, in conjunction with formal systems of elementary, second-
ary, and postsecondary education and with programs of nonfor-
mal education for all age groups; 
"(2) to assist museums in modernizing their methods and 
facilities so that the museums are better able to conserve 
the cultural, historic, and scientific heritage of the United 
States; and 
"(3) to ease the financial burden borne by museums as 
a result of their increasing use by the public. 
20 use 9172. 
"SEC. 272. DEFINITIONS. 
"As used in this subtitle: 
"(1) MUSEUM.—The term 'museum' means a public or pri-
vate nonprofit agency or institution organized on a permanent 
basis for essentially educational or aesthetic purposes, that 
utilizes a professional staff, owns or utilizes tangible objects, 
cares for the tangible objects, and exhibits the tangible objects 
to the public on a regular basis. 
"(2) STATE.—The term 'State' means each of the 50 States 
of the United States, the District of Columbia, the Common-
wealth of Puerto Rico, the United States Virgin Islands, Guam, 
American Samoa, the Commonwealth of the Northern Mariana 
Islands, the Republic of the Marshall Islands, the Federated 
States of Micronesia, and the Republic of Palau. 
20 use 9173. 
"SEC. 273. MUSEUM SERVICES ACTIVITIES. 
"(a) GRANTS.—The Director, subject to the policy direction 
of the Museum Board, may make grants to museums to pay for 
the Federal share of the cost of increasing and improving museum 
services, through such activities as— 
"(1) programs that enable museums to construct or install 
displays, interpretations, and exhibitions in order to improve 
museum services provided to the public; 
"(2) assisting museums in developing and maintaining 
professionally trained or otherwise experienced staff to meet 
the needs of the museums; 
"(3) assisting museums in meeting the administrative costs 
of preserving and maintaining the collections of the museums, 
exhibiting the collections to the public, and providing edu-
cational programs to the public through the use of the collec-
tions; 
"(4) assisting museums in cooperating with each other in 
developing traveling exhibitions, meeting transportation costs, 
and identifying and locating collections available for loan; 
"(5) assisting museums in the conservation of their collec-
tions; 
"(6) developing and carrying out specialized programs for 
specific segments of the public, such as programs for urban 
neighborhoods, rural areas, Indian reservations, and penal and 
other State institutions; and 
"(7) model programs demonstrating cooperative efforts 
between libraries and museums. 
"(b) CONTRACTS AND COOPERATIVE AGREEMENTS.— 
"(1) PROJECTS TO STRENGTHEN MUSEUM SERVICES.—^The 
Director, subject to the policy direction of the Museum Board, 
is authorized to enter into contracts and cooperative agreements 
with appropriate entities, as determined by the Director, to 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-304 
pay for the Federal share of enabhng the entities to undertake 
projects designed to strengthen museum services, except that 
any contracts or cooperative agreements entered into pursuant 
to this subsection shall be effective only to such extent or 
in such amounts as are provided in appropriations Acts. 
"(2) LIMITATION ON AMOUNT.—The aggregate amount of 
financial assistance made available under this subsection for 
a fiscal year shall not exceed 15 percent of the amount appro-
priated under this subtitle for such fiscal year. 
"(3) OPERATIONAL EXPENSES.—No financial assistance may 
be provided under this subsection to pay for operational 
expenses. 
"(c) FEDERAL SHARE.— 
"(1) 50 PERCENT.—Except as provided in paragraph (2), 
the Federal share described in subsection (a) and (b) shall 
be not more than 50 percent. 
"(2) GREATER THAN SO PERCENT.—The Director may use 
not more th^n 20 percent of the funds made available under 
this subtitle for a fiscal year to make grants under subsection 
(a), or enter into contracts or agreements under subsection 
(b), for which the Federal share may be greater than 50 percent. 
"(d) REVIEW AND EVALUATION.—The Director shall establish 
procedures for reviewing and evaluating grants, contracts, and 
cooperative agreements made or entered into under this sub-
title. Procedures for reviewing grant applications or contracts 
and cooperative agreements for financial assistance under this 
subtitle shall not be subject to any review outside of the 
Institute. 
"SEC. 274. AWARD. 
20 USC 9174. 
"The Director, with the advice of the Museum Board, may 
annually award a National Award for Museum Service to outstand-
ing museums that have made significant contributions in service 
to their communities. 
"SEC. 275. NATIONAL MUSEUM SERVICES BOARD. 
20 USC 9175. 
"(a) ESTABLISHMENT.—There is established in the Institute a 
National Museum Services Board. 
"(b) COMPOSITION AND QUALIFICATIONS.— 
"(1) COMPOSITION.—The Museum Board shall consist of 
the Director and 14 members appointed by the President, by 
and with the advice and consent of the Senate. 
"(2) QUALIFICATIONS.—^The appointive members of the 
Museum Board shall be selected from among citizens of the 
United States— 
"(A) who are members of the general public; 
"(B) who are or have been affiliated with— 
"(i) resources that, collectively, are broadly rep-
resentative of the curatorial, conservation, educational, 
and cultural resources of the United States; or 
"(ii) museums that, collectively, are broadly rep-
resentative of various types of museums, including 
museums relating to science, history, technology, art, 
zoos, and botanical gardens; and 
"(C) who are recognized for their broad knowledge, 
expertise, or experience in museums or commitment to 
museums. 
110 STAT. 3009-305 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(3) GEOGRAPHIC AND OTHER REPRESENTATION.—Members 
of the Museum Board shall be appointed to reflect persons 
from various geographic regions of the United States. The 
Museum Board may not include, at any time, more than 3 
members from a single State. In making such appointments, 
the President shall give due regard to equitable representation 
of women, minorities, and persons with disabilities who are 
involved with museums. 
"(c) TERMS.— 
"(1) IN GENERAL.—Each appointive member of the Museum 
Board shall serve for a term of 5 years, except that— 
"(A) of the members first appointed, 3 shall serve for 
terms of 5 years, 3 shall serve for terms of 4 years, 3 
shall serve for terms of 3 years, 3 shall serve for terms 
of 2 years, and 2 shall serve for terms of 1 year, as des-
ignated by the President at the time of nomination for 
appointment; and 
"(B) any member appointed to fill a vacancy shall 
serve for the remainder of the term for which the prede-
cessor of the member was appointed. 
"(2) REAPPOINTMENT.—No member of the Museum Board 
who has been a member for more than 7 consecutive years 
shall be eligible for reappointment. 
"(3) SERVICE UNTIL SUCCESSOR TAKES OFFICE.—Notwith-
standing any other provision of this subsection, a member 
of the Museum Board shall serve after the expiration of the 
term of the member until the successor to the member takes 
office. 
"(d) DUTIES AND POWERS.—The Museum Board shall have the 
responsibility to advise the Director on general policies with respect 
to the duties, powers, and authority of the Institute relating to 
museum services, including general policies with respect to— 
"(1) financial assistance awarded under this subtitle for 
museum services; and 
"(2) projects described in section 262(a)(4). 
"(e) CHAIRPERSON.—The President shall designate 1 of the 
appointive members of the Museum Board as Chairperson of the 
Museum Board. 
"(f) MEETINGS.— 
"(1) IN GENERAL.—The Museum Board shall meet— 
"(A) not less than 3 times each year, including— 
"(i) not less than 2 times each year separately; 
and 
"(ii) not less than 1 time each year in a joint 
meeting with the Commission, convened for purposes 
of making general policies with respect to financial 
assistance for projects described in section 262(a)(4); 
and 
"(B) at the call of the Director. 
"(2) VOTE.—^All decisions by the Museum Board with 
respect to the exercise of the duties and powers of the Museum 
Board shall be made by a majority vote of the members of 
the Museum Board who are present. All decisions by the 
Commission and the Museum Board with respect to the policies 
described in paragraph (l)(A)(ii) shall be made by a % majority 
vote of the total number of the members of the Commission 
and the Museum Board who are present. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-306 
"(g) QUORUM.—^A majority of the members of the Museum Board 
shall constitute a quorum for the conduct of business at official 
meetings of the Museum Board, but a lesser number of members 
may hold hearings. A majority of the members of the Commission 
and a majority of the members of the Museum Board shall con-
stitute a quorum for the conduct of business at official joint meetings 
of the Commission and the Museum Board. 
"(h) COMPENSATION AND TRAVEL EXPENSES.— 
"(1) COMPENSATION.—Each member of the Museum Board 
who is not an officer or employee of the Federal Government 
may be compensated at a rate to be fixed by the President, 
but not to exceed the daily equivalent of the maximum rate 
authorized for a position above grade GS-15 of the General 
Schedule under section 5108 of title 5, United States Code, 
for each day (including travel time) during which such member 
is engaged in the performance of the duties of the Museum 
Board. All members of the Museum Board who are officers 
or employees of the Federal Government shall serve without 
compensation in addition to compensation received for their 
services as officers or employees of the Federal Government. 
"(2) TRAVEL EXPENSES.—^The members of the Museum 
Board may be allowed travel expenses, including per diem 
in lieu of subsistence, in the same amounts and to the same 
extent, as authorized under section 5703 of title 5, United 
States Code, for persons employed intermittently in Federal 
Government service. 
"(i) COORDINATION.—^The Museum Board, with the advice of 
the Director, shall take steps to ensure that the policies and activi-
ties of the Institute are coordinated with other activities of the 
Federal Government. 
"SEC. 276. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 9176. 
"(a) GRANTS.—For the purpose of carrying out this subtitle, 
there are authorized to be appropriated to the Director $28,700,000 
for the fiscal year 1997, and such sums as may be necessary 
for each of the fiscal years 1998 through 2002. 
"(b) ADMINISTRATION.—Not more than 10 percent of the funds 
appropriated under this section for a fiscal year may be used 
to pay for the administrative costs of carrying out this subtitle. 
"(c) SUMS REMAINING AVAILABLE.—Sums appropriated pursuant 
to subsection (a) for any fiscal year shall remain available for 
obligation until expended.". 
SEC. 703. NATIONAL COMMISSION ON LIBRARIES AND INFORMATION 
SCIENCE. 
(a) FUNCTIONS.—Section 5 of the National Commission on 
Libraries and Information Science Act (20 U.S.C. 1504) is amend-
ed— 
(1) by redesignating subsections (b) through (d) as sub-
sections (d) through (f), respectively; and 
(2) by inserting after subsection (a) the following: 
"(b) The Commission shall have the responsibility to advise 
the Director of the Institute of Museum and Library Services on 
general policies with respect to the duties, powers, and authority 
of the Institute of Museum and Library Services relating to library 
services, including— 
"(1) general policies with respect to— 
110 STAT. 3009-307 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(A) financial assistance awarded under the Museum 
and Library Services Act for library services; and 
"(B) projects described in section 262(a)(4) of such Act; 
and 
"(2) measures to ensure that the policies and activities 
of the Institute of Museum and Library Services are coordinated 
with other activities of the Federal Government. 
"(c)(1) The Commission shall meet not less than 1 time each 
year in a joint meeting with the National Museum Services Board, 
convened for purposes of providing advice on general policy with 
respect to financial assistance for projects described in section 
262(a)(4) of such Act. 
"(2) All decisions by the Commission and the National Museum 
Services Board with respect to the advice on general policy described 
in paragraph (1) shall be made by a % majority vote of the total 
number of the members of the Commission and the National 
Museum Services Board who are present. 
"(3) A majority of the members of the Commission and a major-
ity of the members of the National Museum Services Board shall 
constitute a quorum for the conduct of business at official joint 
meetings of the Commission and the National Museum Services 
Board.". 
(b) MEMBERSHIP.—Section 6 of the National Commission on 
Libraries and Information Science Act (20 U.S.C. 1505) is amend-
ed— 
(1) in subsection (a)— 
(A) in the first sentence, by striking "Librarian of Con-
gress" and inserting "Librarian of Congress, the Director 
of the Institute of Museum and Library Services (who 
shall serve as an ex officio, nonvoting member),"; 
(B) in the second sentence— 
(i) by striking "special competence or interest in" 
and inserting "special competence in or knowledge of; 
and 
(ii) by inserting before the period the following: 
"and at least one other of whom shall be knowledgeable 
with respect to the library and information service 
and science needs of the elderly"; 
(C) in the third sentence, by inserting "appointive" 
before "members"; and 
(D) in the last sentence, by striking "term and at 
least" and all that follows and inserting "term."; and 
(2) in subsection (b), by striking "the rate specified" and 
all that follows through "and while" and inserting "the daily 
equivalent of the maximum rate authorized for a position above 
grade GS-15 of the General Schedule under section 5108 of 
title 5, United States Code, for each day (including travel-
time) during which the members are engaged in the business 
of the Commission. While", 
20 use 9102 
SEC. 704. TRANSFER OF FUNCTIONS FROM INSTITUTE OF MUSEUM 
note. 
SERVICES. 
(a) DEFINITIONS.—For purposes of this section, unless otherwise 
provided or indicated by the context— 
(1) the term "Federal agency" has the meaning given to 
the term "agency" by section 551(1) of title 5, United States 
Code; 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-308 
(2) the term "function" means any duty, obligation, power, 
authority, responsibility, right, privilege, activity, or program; 
and 
(3) the term "office" includes any office, administration, 
agency, institute, unit, organizational entity, or component 
thereof. 
(b) TRANSFER OF FUNCTIONS FROM THE INSTITUTE OF MUSEUM 
SERVICES AND THE LIBRARY PROGRAM OFFICE.—There are trans-
ferred to the Director of the Institute of Museum and Library 
Services established under section 203 of the Museum and Library 
Services Act— 
(1) all functions that the Director of the Institute of 
Museum Services exercised before the date of enactment of 
this section (including all related functions of any officer or 
employee of the Institute of Museum Services); and 
(2) all functions that the Director of Library Programs 
in the Office of Educational Research and Improvement in 
the Department of Education exercised before the date of enact-
ment of this section and any related function of any officer 
or employee of the Department of Education. 
(c) DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE 
OF MANAGEMENT AND BUDGET.—If necessary, the Office of Manage-
ment and Budget shall make any determination of the functions 
that are transferred under subsection (b). 
(d) DELEGATION AND ASSIGNMENT.—Except where otherwise 
expressly prohibited by law or otherwise provided by this section, 
the Director of the Institute of Museum and Library Services may 
delegate any of the functions transferred to the Director of the 
Institute of Museum and Library Services by this section and any 
function transferred or granted to such Director of the Institute 
of Museum and Library Services after the effective date of this 
section to such officers and employees of the Institute of Museum 
and Library Services as the Director of the Institute of Museum 
and Library Services may designate, and may authorize successive 
redelegations of such functions as may be necessary or appropriate, 
except that any delegation of any such functions with respect to 
libraries shall be made to the Deputy Director of the Office of 
Library Services and with respect to museums shall be made to 
the Deputy Director of the Office of Museum Services. No delegation 
of functions by the Director of the Institute of Museum and Library 
Services under this section or under any other provision of this 
section shall relieve such Director of the Institute of Museum and 
Library Services of responsibility for the administration of such 
functions. 
(e) REORGANIZATION.—The Director of the Institute of Museum 
and Library Services may allocate or reallocate any function trans-
ferred under subsection (b) among the officers of the Institute 
of Museum and Library Services, and may establish, consolidate, 
alter, or discontinue such organizational entities in the Institute 
of Museum and Library Services as may be necessary or appro-
priate. 
(f) RULES.—^The Director of the Institute of Museum and 
Library Services may prescribe, in accordance with chapters 5 and 
6 of title 5, United States Code, such rules and regulations as 
the Director of the Institute of Museum and Library Services deter-
mines to be necessary or appropriate to administer and manage 
the functions of the Institute of Museum and Library Services. 
110 STAT. 3009-309 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(g) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND 
PERSONNEL.—Except as otherwise provided in this section, the 
personnel employed in connection with, and the assets, liabilities, 
contracts, property, records, and unexpended balances of appropria-
tions, authorizations, allocations, and other funds employed, used, 
held, arising from, available to, or to be made available in connec-
tion with the functions transferred by this section, subject to section 
1531 of title 31, United States Code, shall be transferred to the 
Institute of Museum and Library Services. Unexpended funds trans-
ferred pursuant to this subsection shall be used only for the pur-
poses for which the funds were originally authorized and appro-
priated. 
(h) INCIDENTAL TRANSFERS.—The Director of the Office of 
Management and Budget, at such time or times as the Director 
shall provide, may make such determinations as may be necessary 
with regard to the functions transferred by this section, and make 
such additional incidental dispositions of personnel, assets, liabil-
ities, grants, contracts, property, records, and unexpended balances 
of appropriations, authorizations, allocations, and other funds held, 
used, arising from, available to, or to be made available in connec-
tion with such functions, as may be necessary to carry out this 
section. The Director of the Office of Management and Budget 
shall provide for the termination of the affairs of all entities termi-
nated by this section and for such further measures and dispositions 
as may be necessary to effectuate the purposes of this section. 
(i) EFFECT ON PERSONNEL.— 
(1) IN GENERAL.—Except as otherwise provided by this 
section, the transfer pursuant to this section of full-time person-
nel (except special Government employees) and part-time 
personnel holding permanent positions shall not cause any 
such employee to be separated or reduced in grade or compensa-
tion for 1 year after the date of transfer of such employee 
under this section. 
(2) EXECUTIVE SCHEDULE POSITIONS.—Except as otherwise 
provided in this section, any person who, on the day preceding 
the effective date of this section, held a position compensated 
in accordance with the Executive Schedule prescribed in chapter 
53 of title 5, United States Code, and who, without a break 
in service, is appointed in the Institute of Museum and Library 
Services to a position having duties comparable to the duties 
performed immediately preceding such appointment shall con-
tinue to be compensated in such new position at not less than 
the rate provided for such previous position, for the duration 
of the service of such person in such new position. 
(j) SAVINGS PROVISIONS.— 
(1) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All orders, 
determinations, rules, regulations, permits, agreements, grants, 
contracts, certificates, licenses, registrations, privileges, and 
other administrative actions— 
(A) that have been issued, made, granted, or allowed 
to become effective by the President, any Federal agency 
or official of a Federal agency, or by a court of competent 
jurisdiction, in the performance of functions that are trans-
ferred under this section; and 
(B) that were in effect before the effective date of 
this section, or were final before the effective date of this 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-310 
section and are to become effective on or after the effective 
date of this section; 
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with 
law by the President, the Director of the Institute of Museum 
and Library Services or other authorized ofiicial, a court of com-
petent jurisdiction, or by operation of law. 
(2) PROCEEDINGS NOT AFFECTED.—^This section shall not affect 
any proceedings, including notices of proposed rulemaking, or any 
application for any license, permit, certificate, or financial assistance 
pending before the Institute of Museum Services on the effective 
date of this section, with respect to functions transferred by this 
section. Such proceedings and applications shall be continued. 
Orders shall be issued in such proceedings, appeals shall be taken 
from the orders, and payments shall be made pursuant to the 
orders, as if this section had not been enacted, and orders issued 
in any such proceedings shall continue in effect until modified, 
terminated, superseded, or revoked by a duly authorized official, 
by a court of competent jurisdiction, or by operation of law. Nothing 
in this paragraph shall be construed to prohibit the discontinuance 
or modification of any such proceeding under the same terms and 
conditions and to the same extent that such proceeding could have 
been discontinued or modified if this section had not been enacted. 
(3) SUITS NOT AFFECTED.—This section shall not affect suits 
commenced before the effective date of this section, and in 
all such suits, proceedings shall be had, appeals taken, and 
judgments rendered in the same manner and with the same 
effect as if this section had not been enacted. 
(4) NONABATEMENT OF ACTIONS.—No suit, action, or other 
proceeding commenced by or against the Institute of Museum 
Services, or by or against any individual in the official capacity 
of such individual as an officer of the Institute of Museum 
Services, shall abate by reason of the enactment of this section. 
(5) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION 
OF REGULATIONS.—^Any administrative action relating to the 
preparation or promulgation of a regulation by the Institute 
of Museum Services relating to a function transferred under 
this section may be continued by the Institute of Museum 
and Library Services with the same effect as if this section 
had not been enacted. 
(k) TRANSITION.—^The Director of the Institute of Museum and 
Library Services may utilize— 
(1) the services of such officers, employees, and other 
personnel of the Institute of Museum Services with respect 
to functions transferred to the Institute of Museum and Library 
Services by this section; and 
(2) funds appropriated to such functions for such period 
of time as may reasonably be needed to facilitate the orderly 
implementation of this section. 
(1) REFERENCES.—^A reference in any other Federal law, Execu-
tive order, rule, regulation, or delegation of authority, or any docu-
ment of or relating to— 
(1) the Director of the Institute of Museum Services with 
regard to functions transferred under subsection (b), shall be 
deemed to refer to the Director of the Institute of Museum 
and Library Services; and 
110 STAT. 3009-311 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(2) the Institute of Museum Services with regard to func-
tions transferred under subsection (b), shall be deemed to refer 
to the Institute of Museum and Library Services, 
(m) ADDITIONAL CONFORMING AMENDMENTS.— 
(1) RECOMMENDED LEGISLATION.—After consultation with 
the appropriate committees of Congress and the Director of 
the Office of Management and Budget, the Director of the 
Institute of Museum and Library Services shall prepare and 
submit to the appropriate committees of Congress recommended 
legislation containing technical and conforming amendments 
to reflect the changes made by this section. 
(2) SUBMISSION TO CONGRESS.—Not later than 6 months 
after the effective date of this section, the Director of the 
Institute of Museum and Library Services shall submit to the 
appropriate committees of Congress the recommended legisla-
tion referred to under paragraph (1). 
20 use 9103 
SEC. 705. SERVICE OF INDIVIDUALS SERVING ON DATE OF ENACT-
note. 
MENT. 
Notwithstanding section 204 of the Museum and Library Serv-
ices Act, the individual who was appointed to the position of Director 
of the Institute of Museum Services under section 205 of the 
Museum Services Act (as such section was in effect on the day 
before the date of enactment of this Act) and who is serving in 
such position on the day before the date of enactment of this 
Act shall serve as the first Director of the Institute of Museum 
and Library Services under section 204 of the Museum and Library 
Services Act (as added by section 2 of this Act), and shall serve 
at the pleasure of the President. 
20 use 9105 
SEC. 706. CONSIDERATION. 
Consistent with title 5, United States Code, in appointing 
employees of the Office of Library Services, the Director of the 
Institute of Museum and Library Services shall give strong consider-
ation to individuals with experience in administering State-based 
and national library and information services programs. 
20 use 9102 
SEC. 707. TRANSITION AND TRANSFER OF FUNDS. 
(a) TRANSITION.—^The Director of the Office of Management 
and Budget shall take appropriate measures to ensure an orderly 
transition from the activities previously administered by the Direc-
tor of Library Programs in the Office of Educational Research 
and Improvement in the Department of Education to the activities 
administered by the Institute for Museum and Library Services 
under this Act. Such measures may include the transfer of appro-
priated funds. 
(b) TRANSFER.—From any amounts available to the Secretary 
of Education for salaries and expenses at the Department of Edu-
cation, the Secretary of Education shall transfer to the Director 
the amount of funds necessary to ensure the orderly transition 
from activities previously administered by the Director of the Office 
of Library Programs in the Office of Educational Research and 
Improvement in the Department of Education to the activities 
administered by the Institute for Museum and Library Services. 
In no event shall the amount of funds transferred pursuant to 
the preceding sentence be less than $200,000. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-312 
SEC. 708. REPEALS. 
(a) LIBRARY SERVICES AND CONSTRUCTION ACT.—^The Library 
Services and Construction Act (20 U.S.C. 351 et seq.) is repealed. 
(b) TITLE II OF THE HIGHER EDUCATION ACT OF 1965.—Title 
II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.), 
relating to academic libraries and information services, is repealed. 
(c) PART D OF TITLE XIII OF THE HIGHER EDUCATION AMEND-
MENTS OF 1986.—Part D of title XIII of the Higher Education 
Amendments of 1986 (20 U.S.C. 1029 note), relating to library 
resources, is repealed. 
(d) SECTION 519 OF THE EDUCATION AMENDMENTS OF 1974.— 
Section 519 of the Education Amendments of 1974 (20 U.S.C. 12211) 
is repealed. 
(e) PART F OF THE TECHNOLOGY FOR EDUCATION ACT OF 1994.— 
Part F of the Technology for Education Act of 1994 (20 U.S.C. 
7001 et seq.), contained in title III of the Elementary and Secondary 
Education Act of 1965, is repealed. 
SEC. 709. CONFORMING AMENDMENTS. 
(a) 
REFERENCES TO LIBRARY SERVICES AND CONSTRUCTION 
ACT.— 
(1) TECHNOLOGY FOR EDUCATION ACT OF 1994.—Section 
3113(10) of the Technology for Education Act of 1994 (20 U.S.C. 
6813(10)) is amended by striking "section 3 of the Library 
Services and Construction Act;" and inserting "section 213 of 
the Library Services and Technology Act;". 
(2) OMNIBUS EDUCATION RECONCILIATION ACT OF I98I.— 
Section 528 of the Omnibus Education Reconciliation Act of 
1981 (20 U.S.C. 3489) is amended— 
(A) by striking paragraph (12); and 
(B) by redesignating paragraphs (13) through (15) as 
paragraphs (12) through (14), respectively. 
(3) ELEMENTARY AND SECONDARY EDUCATION ACT OF I965.— 
Section 3113(10) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6813(10)) is amended by striking "section 
3 of the Library Services and Construction Act" and inserting 
"section 213 of the Library Services and Technology Act". 
(4) COMMUNITY IMPROVEMENT VOLUNTEER ACT OF 1994.— 
Section 7305 of the Community Improvement Volunteer Act 
of 1994 (40 U.S.C. 276d-3) is amended— 
(A) by striking paragraph (1); and 
(B) by redesignating paragraphs (2) through (6) as 
paragraphs (1) through (5), respectively. 
(5) APPALACHIAN REGIONAL DEVELOPMENT ACT OF i965.— 
Section 214(c) of the Appalachian Regional Development Act 
of 1965 (40 U.S.C. App. 214(c)) is amended by striking "Library 
Services and Construction Act;". 
(6) DEMONSTRATION CITIES AND METROPOLITAN DEVELOP-
MENT ACT OF 1966.—Section 208(2) of the Demonstration Cities 
and Metropolitan Development Act of 1966 (42 U.S.C. 3338(2)) 
is amended by striking "title II of the Library Services and 
Construction Act;". 
(7) PUBLIC LAW 87-688.—Subsection (c) of the first section 
of the Act entitled "An Act to extend the application of certain 
laws to American Samoa", approved September 25, 1962 (48 
U.S.C. 1666(c)) is amended by striking "the Library Services 
Act (70 Stat. 293; 20 U.S.C. 351 et seq.),". 
110 STAT. 3009-313 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(8) COMMUNICATIONS ACT OF 1934.—Paragraph (4) of section 
254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)(4)) 
is amended by striking "hbrary not eUgible for participation 
in State-based plans for funds under title III of the Library 
Services and Construction Act (20 U.S.C. 335c et seq.)" and 
inserting "library or library consortium not eligible for assist-
ance from a State library administrative agency under the 
Library Services and Technology Act", 
(b) REFERENCES TO INSTITUTE OF MUSEUM SERVICES.— 
(1) TITLE 5, UNITED STATES CODE.—Section 5315 of title 
5, United States Code, is amended by striking the following: 
"Director of the Institute of Museum Services." and insert-
ing the following: 
"Director of the Institute of Museum and Library Services.". 
(2) DEPARTMENT OF EDUCATION ORGANIZATION ACT.—Sec-
tion 301 of the Department of Education Organization Act 
(20 U.S.C. 3441) is amended— 
(A) in subsection (a)— 
(i) by striking paragraph (5); and 
(ii) by redesignating paragraphs (6) and (7) as 
paragraphs (5) and (6), respectively; and 
(B) in subsection (b)— 
(i) by striking paragraph (4); and 
(ii) by redesignating paragraphs (5) through (7) 
as paragraphs (4) through (6), respectively. 
(3) ELEMENTARY AND SECONDARY EDUCATION ACT OF I965.— 
(A) Sections 2101(b), 2205(c)(1)(D), 2208(d)(l)(H)(v), 
and 2209(b)(l)(C)(iv), and subsection (d)(6) and (e)(2) of 
section 10401 of the Elementary and Secondary Education 
Act 
of 
1965 
(20 
U.S.C. 
6621(b), 
6645(c)(1)(D), 
6648(d)(l)(H)(v), 6649(b)(l)(C)(vi), and 8091 (d)(6) and 
(e)(2)) are amended by striking "the Institute of Museum 
Services" and inserting "the Institute of Museum and 
Library Services". 
(B) Section 10412(b) of such Act (20 U.S.C. 8102(b)) 
is amended— 
(i) in paragraph (2), by striking "the Director of 
the Institute of Museum Services," and inserting "the 
Director of the Institute of Museum and Library Serv-
ices,"; and 
(ii) in paragraph (7), by striking "the Director of 
the Institute of Museum Services," and inserting "the 
director of the Institute of Museum and Library Serv-
ices ". 
(C)'section 10414(a)(2)(B) of such Act (20 U.S.C. 
8104(a)(2)(B)) is amended by striking clause (iii) and insert-
ing the following new clause: 
"(iii) the Institute of Museum and Library Serv-
ices.". 
(c) 
REFERENCES TO OFFICE OF LIBRARIES AND LEARNING 
RESOURCES.—Section 413(b)(1) of the Department of Education 
Organization Act (20 U.S.C. 3473(b)(1)) is amended— 
(1) by striking subparagraph (H); and 
(2) by redesignating subparagraphs (I) through (M) as sub-
paragraphs (H) through (L), respectively. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-314 
(d) REFERENCE TO STATE POSTSECONDARY REVIEW E^mTY 
PROGRAMS.—Section 356(b)(2) of the Higher Education Act of 1965 
(20 U.S.C. 10696(b)) is amended by striking "II,". 
This Act may be cited as the "Departments of Labor, Health 
and Human Services, and Education, and Related Agencies Appro-
priations Act, 1997". 
(f) For programs, projects or activities in the Treasury, Postal 
Service, and General Appropriations Act, 1997, provided as follows, 
to be effective as if it had been enacted into law as the regular 
appropriations Act: 
AN ACT 
Making appropriations for the Treasury Department, the United States Postal Serv-
ice, the Executive Office of the President, and certain Independent Agencies, for 
the fiscal year ending September 30, 1997, and for other purposes. 
TITLE I—DEPARTMENT OF THE TREASURY 
DEPARTMENTAL OFFICES 
SALARIES AND EXPENSES 
For necessary expenses of the Departmental Offices including 
operation and maintenance of the Treasury Building and Annex; 
hire of passenger motor vehicles; maintenance, repairs, and 
improvements of, and purchase of commercial insurance policies 
for, real properties leased or owned overseas, when necessary for 
the performance of official business; not to exceed $2,900,000 for 
official travel expenses; not to exceed $150,000 for official reception 
and representation expenses; not to exceed $258,000 for unforeseen 
emergencies of a confidential nature, to be allocated and expended 
under the direction of the Secretary of the Treasury and to be 
accounted for solely on his certificate; $111,760,000. 
AUTOMATION ENHANCEMENT 
INCLUDING TRANSFER OF FUNDS 
For the development and acquisition of automatic data process-
ing equipment, software, and services for the Department of the 
Treasury, $27,100,000, of which $15,000,000 shall be available to 
the United States Customs Service for the Automated Commercial 
Environment project, and of which $5,600,000 shall be available 
to the United States Customs Service for the International Trade 
Data System: Provided, That these funds shall remain available 
until September 30, 1999: Provided further, That these funds shall 
be transferred to accounts and in amounts as necessary to satisfy 
the requirements of the Department's offices, bureaus, and other 
organizations: Provided further. That this transfer authority shall 
be in addition to any other transfer authority provided in this 
Act: Provided further, That none of the funds shall be used to 
support or supplement Internal Revenue Service appropriations 
for Information Systems and Tax Systems Modernization: Provided 
further. That of the funds appropriated for the Automated Commer-
cial Environment, $3,475,000 may not be obligated until the 
Commissioner of Customs consults with the Committees on Appro-
priations regarding deficiencies identified by the General Account-
ing Office. 
Treasury, Postal 
Service, and 
General 
Government 
Appropriations 
Act, 1997. 
Treasury 
Department 
Appropriations 
Act, 1997. 
110 STAT. 3009-315 
PUBLIC LAW 104-208—SEPT. 30, 1996 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
as amended, not to exceed $2,000,000 for official travel expenses; 
including hire of passenger motor vehicles; and not to exceed 
$100,000 for unforeseen emergencies of a confidential nature, to 
be allocated and expended under the direction of the Inspector 
General of the Treasury; $29,736,000. 
OFFICE OF PROFESSIONAL RESPONSIBILITY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Professional Responsibil-
ity, including purchase and hire of passenger motor vehicles, 
$1,500,000. 
TREASURY BUILDINGS AND ANNEX REPAIR AND RESTORATION 
INCLUDING TRANSFER OF FUNDS 
For the repair, alteration, and improvement of the Treasury 
Building and Annex, $28,213,000, to remain available until 
expended: Provided, That funds previously made available under 
this title for the Secret Service Headquarter's building shall be 
transferred 
to the Secret 
Service Acquisition, 
Construction, 
Improvement and Related Expenses appropriation. 
FINANCIAL CRIMES ENFORCEMENT NETWORK 
SALARIES AND EXPENSES 
For necessary expenses of the Financial Crimes Enforcement 
Network, including hire of passenger motor vehicles; travel expenses 
of non-Federal law enforcement personnel to attend meetings con-
cerned with financial intelligence activities, law enforcement, and 
financial regulation; not to exceed $14,000 for official reception 
and representation expenses; and for assistance to Federal law 
enforcement agencies, with or without reimbursement; $22,387,000: 
Provided, That notwithstanding any other provision of law, the 
Director of the Financial Crimes Enforcement Network may procure 
up to $500,000 in specialized, unique, or novel automatic data 
processing equipment, ancillary equipment, software, services, and 
related resources from commercial vendors without regard to other-
wise applicable procurement laws and regulations and without full 
and open competition, utilizing procedures best suited under the 
circumstances of the procurement to efficiently fulfill the agency's 
requirements: Provided further, That funds appropriated in this 
account may be used to procure personal services contracts. 
DEPARTMENT OF THE TREASURY FORFEITURE FUND 
For necessary expenses of the Treasury Forfeiture Fund, as 
authorized by Public Law 102-393, not to exceed $10,000,000, to 
be derived from deposits in the fund: Provided, That notwithstand-
ing any other provision of law, not to exceed $7,500,000 shall 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-316 
be made available for the development of a Federal wireless commu-
nication system: Provided further, That the Secretary of the Treas-
ury is authorized to receive all unavailable collections transferred 
from the Special Forfeiture Fund established by section 6073 of 
the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1509) by the Director 
of the Office of Drug Control Policy as a deposit into the Treasury 
Forfeiture Fund (31 U.S.C. 9703(a)). 
VIOLENT CRIME REDUCTION PROGRAMS 
INCLUDING TRANSFER OF FUNDS 
For activities authorized by Public Law 103-322, to remain 
available until expended, which shall be derived from the Violent 
Crime Reduction Trust Fund, as follows: 
(a) As authorized by section 190001(e), $89,000,000, of which 
$36,595,000 shall be available to the Bureau of Alcohol, Tobacco 
and Firearms, of which $3,000,000 shall be available for administer-
ing the Gang Resistance Education and Training program, of which 
$3,662,000 shall be available for ballistics technologies, including 
the purchase, maintenance and upgrading of equipment and of 
which $29,133,000 shall be available to enhance training and pur-
chase equipment and services, and of which $800,000 shall be 
available for project LEAD; of which $18,300,000 shall be available 
to the Secretary as authorized by section 732 of Public Law 104-
132, as amended by Section 113 of the Fiscal Year 1997 Department 
of Commerce, Justice and State, and the Judiciary, and Related 
Agencies Appropriations Act; of which $1,000,000 shall be available 
to the Financial Crimes Enforcement Network; of which $20,000,000 
shall be available to the United States Secret Service, of which 
no less than $1,400,000 shall be available for a grant for activities 
related to the investigations of missing and exploited children; 
and of which $13,105,000 shall be available to the Federal Drug 
Control Programs, High Intensity Drug Trafficking Areas program 
(b) As authorized by section 32401, $8,000,000, for disburse-
ment through grants, cooperative agreements or contracts, to local 
governments for Gang Resistance Education and Training: Pro-
vided, That notwithstanding sections 32401 and 310001, such funds 
shall be allocated only to the affected State and local law enforce-
ment and prevention organizations participating in such projects. 
TREASURY FRANCHISE FUND 
There is hereby established in the Treasury a franchise fund 
31USC 501 note, 
pilot, as authorized by section 403 of Public Law 103-356, to be 
available as provided in such section for expenses and equipment 
necessary for the maintenance and operation of such financial and 
administrative support services as the Secretary determines may 
be performed more advantageously as central services: Provided, 
That any inventories, equipment, and other assets pertaining to 
the services to be provided by such fund, either on hand or on 
order, less the related liabilities or unpaid obligations, and any 
appropriations made for the purpose of providing capital, shall 
be used to capitalize such fund: Provided further. That such fund 
shall be reimbursed or credited with the payments, including 
advanced payments, from applicable appropriations and funds avail-
able to the Department and other Federal agencies for which such 
administrative and financial services are performed, at rates which 
110 STAT. 3009-317 
PUBLIC LAW 104-208—SEPT. 30, 1996 
will recover all expenses of operation, including accrued leave, 
depreciation of fund plant and equipment, amortization of Auto-
matic Data Processing (ADP) software and systems, and an amount 
necessary to maintain a reasonable operating reserve, as deter-
mined by the Secretary: Provided further. That such fund shall 
provide services on a competitive basis: Provided further, 
That 
an amount not to exceed 4 percent of the total annual income 
to such fund may be retained in the fund for fiscal year 1997 
and each fiscal year thereafter, to remain available until expended, 
to be used for the acquisition of capital equipment and for the 
improvement and implementation of Treasury financial manage-
ment, ADP, and other support systems: Provided further. 
That 
no later than 30 days after the end of each fiscal year, amounts 
in excess of this reserve limitation shall be deposited as miscellane-
ous receipts in the Treasury: Provided further. That such franchise 
fund pilot shall terminate pursuant to section 403(f) of Public Law 
103-356. 
FEDERAL LAW ENFORCEMENT TRAINING CENTER 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Law Enforcement Train-
ing Center, as a bureau of the Department of the Treasury, includ-
ing materials and support costs of Federal law enforcement basic 
training; purchase (not to exceed 52 for police-t3rpe use, without 
regard to the general purchase price limitation) and hire of pas-
senger motor vehicles; for expenses for student athletic and related 
activities; uniforms without regard to the general purchase price 
limitation for the current fiscal year; the conducting of and partici-
pating in firearms matches and presentation of awards; for public 
awareness and enhancing community support of law enforcement 
training; not to exceed $9,500 for official reception and representa-
tion expenses; room and board for student interns; sind services 
as authorized by 5 U.S.C. 3109; $54,831,000, of which up to 
$13,034,000 for materials and support costs of Federal law enforce-
ment basic training shall remain available until September 30, 
42 use 3771 
1999: Provided, That the Center is authorized to accept and use 
°ote. 
§ift^ °^ property, both real and personal, and to accept services, 
for authorized purposes, including funding of a gift of intrinsic 
value which shall be awarded annually by the Director of the 
Center to the outstanding student who graduated from a basic 
training program at the Center during the previous fiscal year, 
which shall be funded only by gifts received through the Center's 
gift authority: Provided further. That notwithstanding any other 
provision of law, students attending training at any Federal Law 
Enforcement Training Center site shall reside in on-Center or Cen-
ter-provided housing, insofar as available and in accordance with 
Center policy: Provided further. That funds appropriated in this 
account shall be available, at the discretion of the Director, for: 
training United States Postal Service law enforcement personnel 
and Postal police officers; State and local government law enforce-
ment training on a space-available basis; training of foreign law 
enforcement officials on a space-available basis with reimbursement 
of actual costs to this appropriation; training of private sector 
security officials on a space-available basis with reimbursement 
of actual costs to this appropriation; and travel expenses of non-
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-318 
Federal personnel to attend course development meetings and train-
ing at the Center: Provided further, That the Center is authorized 
to obligate funds in anticipation of reimbursements from agencies 
receiving training at the Federal Law Enforcement Training Center, 
except that total obligations at the end of the fiscal year shall 
not exceed total budgetary resources available at the end of the 
fiscal year: Provided further, That the Federal Law Enforcement 
Training Center is authorized to provide short term medical services 
for students undergoing training at the Center. 
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED 
EXPENSES 
For expansion of the Federal Law Enforcement Training Center, 
for acquisition of necessary additional real property and facilities, 
and for ongoing maintenance, facility improvements, and related 
expenses, $18,884,000, to remain available until expended. 
FINANCIAL MANAGEMENT SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the Financial Management Service, 
$196,069,000, of which not to exceed $14,277,000 shall remain 
available until expended for systems modernization initiatives. In 
addition, $90,000, to be derived from the Oil Spill Liability Trust 
Fund, to reimburse the Service for administrative and personnel 
expenses for financial management of the Fund, as authorized 
by section 1012 of Public Law 101-380: Provided, That none of 
the funds made available for systems modernization initiatives 
may not be obligated until the Commissioner of the Financial 
Management Service has submitted, and the Committees on Appro-
priations of the House and Senate have approved, a report that 
identifies, evaluates, and prioritizes all computer systems invest-
ments planned for fiscal year 1997, a milestone schedule for the 
development and implementation of all projects included in the 
systems investment plan, and a systems architecture plan. 
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS 
SALARIES AND EXPENSES 
For necessary expenses of the Bureau of Alcohol, Tobacco and 
Firearms, including purchase of not to exceed 650 vehicles for 
police-type use for replacement only and hire of passenger motor 
vehicles; hire of aircraft; and services of expert witnesses at such 
rates as may be determined by the Director; for payment of per 
diem and/or subsistence allowances to employees where an assign-
ment to the National Response Team during the investigation of 
a bombing or arson incident requires an employee to work 16 
hours or more per day or to remain overnight at his or her post 
of duty; not to exceed $12,500 for official reception and representa-
tion expenses; for training of State and local law enforcement agen-
cies with or without reimbursement, including training in connec-
tion with the training and acquisition of canines for explosives 
and fire accelerants detection; provision of laboratory assistance 
to State and local agencies, with or without reimbursement; 
$393,971,000, of which $12,011,000, to remain available until 
29-194 O - 96 - 16 : QL 3 Part 4 
110 STAT. 3009-319 
PUBLIC LAW 104-208—SEPT. 30, 1996 
expended, shall be available for arson investigations, with priority 
assigned to any arson, explosion or violence against religious institu-
tions; which not to exceed $1,000,000 shall be available for the 
payment of attorneys' fees as provided by 18 U.S.C. 924(d)(2); 
and of which $1,000,000 shall be available for the equipping of 
any vessel, vehicle, equipment, or aircraft available for official use 
by a State or local law enforcement agency if the conveyance will 
be used in drug-related joint law enforcement operations with the 
Bureau of Alcohol, Tobacco and Firearms and for the pajmient 
of overtime salaries, travel, fuel, training, equipment, and other 
similar costs of State and local law enforcement officers that are 
incurred in joint operations with the Bureau of Alcohol, Tobacco 
and Firearms: Provided, That no funds made available by this 
or any other Act may be used to transfer the functions, missions, 
or activities of the Bureau of Alcohol, Tobacco and Firearms to 
other agencies or Departments in the fiscal year ending on Septem-
ber 30, 1997: Provided further, That no funds appropriated herein 
shall be available for salaries or administrative expenses in connec-
tion with consolidating or centralizing, within the Department of 
the Treasury, the records, or any portion thereof, of acquisition 
and disposition of firearms maintained by Federal firearms licens-
ees: Provided further. That no funds appropriated herein shall 
be used to pay administrative expenses or the compensation of 
any officer or employee of the United States to implement an 
amendment or amendments to 27 CFR 178.118 or to change the 
definition of "Curios or relics" in 27 CFR 178.11 or remove any 
item from ATF Publication 5300.11 as it existed on January 1, 
1994: Provided further, That none of the funds appropriated herein 
shall be available to investigate or act upon applications for relief 
from Federal firearms disabilities under 18 U.S.C. 925(c):Provided 
further. That such funds shall be available to investigate and act 
upon applications filed by corporations for relief from Federal fire-
arms disabilities under 18 U.S.C. 925(c): Provided further. That 
no funds in this Act may be used to provide ballistics imaging 
equipment to any State or local authority who has obtained similar 
equipment through a Federal grant or subsidy unless the State 
or local authority agrees to return that equipment or to repay 
that grant or subsidy to the Federal Government: Provided further. 
That no funds available for separation incentive pa3anents as 
authorized by section 663 of this Act may be obligated without 
the advance approval of the House and Senate Committees on 
Appropriations: Provided further, That no funds under this Act 
may be used to electronically retrieve information gathered pursu-
ant to 18 U.S.C. 923(g)(4) by name or any personal identification 
code. 
LABORATORY FACILITIES 
For necessary expenses for design of a new facility or facilities, 
to house the Bureau of Alcohol, Tobacco and Firearms National 
Laboratory Center and the Fire Investigation Research and Devel-
opment Center, not to exceed 185,000 occupiable square feet, 
$6,978,000, to remain available until expended: Provided, 
That 
these funds shall not be available until a prospectus of authorization 
for the Laboratory Facilities is approved by the House Committee 
on Transportation and Infrastructure and the Senate Committee 
on Environment and Public Works. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-320 
UNITED STATES CUSTOMS SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the United States Customs Service, 
including purchase of up to 1,000 motor vehicles of which 960 
are for replacement only, including 990 for police-type use and 
commercial operations; hire of motor vehicles; contracting with 
individuals for personal services abroad; not to exceed $30,000 
for official reception and representation expenses; and awards of 
compensation to informers, as authorized by any Act enforced 
by the United States Customs Service; $1,487,250,000; of which 
$65,000,000 shall be available until expended for Operation 
Hardline; of which $28,000,000 shall remain available until 
expended for acquisition of aircraft and related operations and 
maintenance associated with Operation Gateway; and of which 
such sums as become available in the Customs User Fee Account, 
except sums subject to section 13031(f)(3) of the Consolidated Omni-
bus Reconciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)), 
shall be derived from that Account; of the total, not to exceed 
$150,000 shall be available for payment for rental space in connec-
tion with preclearance operations, and not to exceed $4,000,000 
shall be available until expended for research and not to exceed 
$1,000,000 shall be available until expended for conducting special 
operations pursuant to 19 U.S.C. 2081 and up to $6,000,000 shall 
be available until expended for the procurement of automation 
infrastructure items, including hardware, software, and installation: 
Provided, That uniforms may be purchased without regard to the 
general 
purchase 
price 
limitation 
for 
the 
current 
fiscal 
yeax'J^rovided further, That the United States Custom Service shall 
implement the General Aviation Telephonic Entry program within 
30 days of enactment of this Act: Provided further. That no funds 
available for separation incentive pa3rments as authorized by section 
663 of this Act may be obligated without the advance approval 
of the House and Senate Committees on Appropriations:Proi;ided 
further, That the Spirit of St. Louis Airport in St. Louis County, 
Missouri, shall be designated a port of entry: Provided 
further. 
That no funds under this Act may be used to provide less than 
30 days public notice for any change in apparel regulations: Pro-
vided further. That $750,000 shall be available for additional part-
time and temporary positions in the Honolulu Customs District: 
Provided further. That of the funds appropriated $2,500,000 may 
be made available for the Western Hemisphere Trade Center 
authorized by Public Law 103-182. 
OPERATION AND MAINTENANCE, AIR AND MARINE INTERDICTION 
PROGRAMS 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of marine vessels, aircraft, and other 
related equipment of the Air and Marine Programs, including oper-
ational training and mission-related travel, and rental payments 
for facilities occupied by the air or marine interdiction and demand 
reduction programs, the operations of which include: the interdiction 
of narcotics and other goods; the provision of support to Customs 
and other Federal, State, and local agencies in the enforcement 
or administration of laws enforced by the Customs Service; and, 
at the discretion of the Commissioner of Customs, the provision 
110 STAT. 3009-321 
PUBLIC LAW 104-208—SEPT. 30, 1996 
of assistance to Federal, State, and local agencies in other law 
enforcement and emergency humanitarian efforts; $83,363,000, 
which shall remain available until expended: Provided, That no 
aircraft or other related equipment, with the exception of aircraft 
which is one of a kind and has been identified as excess to Customs 
requirements and aircraft which has been damaged beyond repair, 
shall be transferred to any other Federal agency. Department, 
or office outside of the Department of the Treasury, during fiscal 
year 1997 without the prior approval of the House and Senate 
Committees on Appropriations. 
CUSTOMS SERVICES AT SMALL AIRPORTS 
(TO BE DERIVED FROM FEES COLLECTED) 
Such sums as may be necessary for expenses for the provision 
of Customs services at certain small airports or other facilities 
when authorized by law and designated by the Secretary of the 
Treasury, including expenditures for the salary and expenses of 
individuals employed to provide such services, to be derived from 
fees collected by the Secretary pursuant to section 236 of Public 
Law 98-573 for each of these airports or other facilities when 
authorized by law and designated by the Secretary, and to remain 
available until expended. 
HARBOR MAINTENANCE FEE COLLECTION 
For administrative expenses related to the collection of the 
Harbor Maintenance Fee, pursuant to Public Law 
103-182, 
$3,000,000, to be derived from the Harbor Maintenance Trust Fund 
and to be transferred to and merged with the Customs "Salaries 
and Expenses" account for such purposes. 
BUREAU OF THE PUBLIC DEBT 
ADMINISTERING THE PUBLIC DEBT 
For necessary expenses connected with any public-debt issues 
of the United States; $169,735,000: Provided, That the sum appro-
priated herein from the General Fund for fiscal year 1997 shall 
be reduced by not more than $4,400,000 as definitive security 
issue fees and Treasury Direct Investor Account Maintenance fees 
are collected, so as to result in a final fiscal year 1997 appropriation 
from the General Fund estimated at $165,335,000. 
INTERNAL REVENUE SERVICE 
PROCESSING, A S S I S T A N C E , AND MANAGEMENT 
For necessary expenses of the Internal Revenue Service, not 
otherwise provided for; including processing tax returns; revenue 
accounting; providing assistance to taxpayers, management serv-
ices, and inspection; including purchase (not to exceed 150 for 
replacement only for police-type use) and hire of passenger motor 
vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 
3109, at such rates as may be determined by the Commissioner; 
$1,779,840,000, of which up to $3,700,000 shall be for the Tax 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-322 
Counseling for the Elderly Program, and of which not to exceed 
$25,000 shall be for official reception and representation expenses. 
TAX LAW ENFORCEMENT 
For necessary expenses of the Internal Revenue Service for 
determining and establishing tax liabilities; tax and enforcement 
litigation; technical rulings; examining employee plans and exempt 
organizations; investigation and enforcement activities; securing 
unfiled tax returns; collecting unpaid accounts; statistics of income 
and compliance research; the purchase (for police-type use, not 
to exceed 850), and hire of passenger motor vehicles (31 U.S.C. 
1343(b)); and services as authorized by 5 U.S.C. 3109, at such 
rates as may be determined by the Commissioner $4,104,211,000, 
of which not to exceed $1,000,000 shall remain available until 
September 30, 1999, for research. 
INFORMATION SYSTEMS 
For necessary expenses for data processing and telecommuni-
cations support for Internal Revenue Service activities, including 
tax systems modernization and operational information systems; 
the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and serv-
ices as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner, $1,323,075,000, of which no less 
than $130,075,000 shall be available for Tax Systems Modernization 
(TSM) development and deployment which shall be available until 
September 30, 1999, and of which no less than $206,200,000 shall 
be available for TSM Operational Systems: Provided, That none 
of the funds made available for TSM Operational Systems shall 
be available after July 31, 1997, unless the Department of the 
Treasury has prepared a Request for Proposal which could be 
used as a base for a solicitation of a contract with an alternative 
or new Prime Contractor to manage, integrate, test and implement 
the TSM program: Provided further, That all activities associated 
with the development of a request for proposal, contract solicitation, 
and contract award for private sector assistance on TSM (both 
operational systems and development and deployment systems), 
beyond private sector assistance which is currently under contract, 
shall be conducted by the Department of the Treasury's Moderniza-
tion Management Board: Provided further, That if the Internal 
Revenue Service determines that it is unable to meet deadlines 
established herein, the Secretary of the Treasury shall notify the 
Committees on Appropriations of the House and the Senate of 
the delay Provided further. That the Internal Revenue Service 
shall submit, by February 1, 1997, a timetable for implementing, 
by October 1, 1997, recommendations made by the General Account-
ing Office in its July 1995 report, entitled: "Tax Systems Moderniza-
tion: Management and Technical Weaknesses Must Be Corrected 
If Modernization Is To Succeed": Provided further. That the Internal 
Revenue Service shall submit, by December 1, 1996, a schedule 
to transfer, not later than July 31, 1997, a majority of Tax Systems 
Modernization development, deployment, management, integration, 
and testing, from the Internal Revenue Service to the private sector. 
110 STAT. 3009-323 
PUBLIC LAW 104-208—SEPT. 30, 1996 
INFORMATION SYSTEMS 
(RESCISSION) 
Of the funds made available under this heading for Information 
Systems in Public Law 104-52, $115,000,000 are rescinded, in 
Public Law 103-123, $17,447,000 are rescinded, in Public Law 
102-393, $15,000,000 are rescinded, and in Public Law 102-141, 
$27,000,000 are rescinded. 
ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE 
SECTION 101. Not to exceed 5 percent of any appropriation 
made available in this Act to the Internal Revenue Service may 
be transferred to any other Internal Revenue Service appropriation 
upon the advance approval of the House and Senate Committees 
on Appropriations. 
26 use 7803 
SEC. 102. The Internal Revenue Service shall maintain a train-
°ote. 
ing program to insure that Internal Revenue Service employees 
are trained in taxpayers' rights, in dealing courteously with the 
taxpayers, and in cross-cultural relations. 
SEC. 103. The funds provided in this Act for the Internal 
Revenue Service shall be used to provide as a minimum, the fiscal 
year 1995 level of service, staffing, and funding for Taxpayer Serv-
ices. 
SEC. 104. No funds available in this Act to the Internal Revenue 
Service for separation incentive pa5Tnents as authorized by section 
663 of this Act may be obligated without the advance approval 
of the House and Senate Committees on Appropriations. 
SEC. 105. The Internal Revenue Service (IRS) may proceed 
with its field support reorganization in fiscal year 1997 after it 
submits its report, no earlier than March 1, 1997, to the Committees 
on Appropriations of the House and Senate only if the IRS main-
tains, in fiscal year 1997, the current level of taxpayer service 
employees that work on cases generated through walk in vists 
and telephone calls to IRS offices. 
SEC. 106. Funds made available by this or any other Act to 
the Internal Revenue Service shall be available for improved facili-
ties and increased manpower to provide sufficient and effective 
1-800 help line for taxpayers. The Commissioner shall make the 
improvement of the IRS 1-800 help line service a priority and 
allocate resources necessary to increase phone lines and staff to 
improve the IRS 1-800 help line service. 
SEC. 107. No funds made available by this Act, or any other 
Act, to the Internal Revenue Service may be used to pay for the 
design and printing of more than two ink colors on the covers 
of income tax packages, and such ink colors must be the same 
colors as used to print the balance of the material in each package. 
SEC. 108. Notwithstanding any other provision of law, no field 
support reorganization of the Internal Revenue Service shall be 
undertaken in Aberdeen, South Dakota until the Internal Revenue 
Service toll-free help phone line assistance program reaches at 
least an 80 percent service level. The Commissioner shall submit 
to Congress a report and the GAO shall certify to Congress that 
the 80 percent service level has been met. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-324 
UNITED STATES SECRET SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the United States Secret Service, 
including purchase (not to exceed 702 vehicles for police-type use, 
of which 665 shall be for replacement only), and hire of passenger 
motor vehicles; hire of aircraft; training and assistance requested 
by State and local governments, which may be provided without 
reimbursement; services of expert witnesses at such rates as may 
be determined by the Director; rental of buildings in the District 
of Columbia, and fencing, lighting, guard booths, and other facilities 
on private or other property not in Government ownership or con-
trol, as may be necessary to perform protective functions; for pay-
ment of per diem and/or subsistence allowances to employees where 
a protective assignment during the actual day or days of the visit 
of a protectee require an employee to work 16 hours per day 
or to remain overnight at his or her post of duty; the conducting 
of and participating in firearms matches; presentation of awards; 
and for travel of Secret Service employees on protective missions 
without regard to the limitations on such expenditures in this 
or any other Act: Provided, That approval is obtained in advance 
from the House and Senate Committees on Appropriations; for 
repairs, alterations, and minor construction at the James J. Rowley 
Secret Service Training Center; for research and development; for 
making grants to conduct behavioral research in support of protec-
tive research and operations; not to exceed $20,000 for official 
reception and representation expenses; not to exceed $50,000 to 
provide technical assistance and equipment to foreign law enforce-
ment organizations in counterfeit investigations; for payment in 
advance for commercial accommodations as may be necessary to 
perform protective functions; and for uniforms without regard to 
the general purchase price limitation for the current fiscal year: 
Provided further, That 3 U.S.C. 203(a) is amended by deleting 
"but not exceeding twelve hundred in number"; $528,262,000, of 
which $1,200,000 shall be available as a grant for activities related 
to the investigations of missing and exploited children and shall 
remain available until expended. 
SALARIES AND EXPENSES 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 104-52, $7,600,000 are rescinded. 
ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND RELATED 
EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of construction, repair, alteration, and 
improvement of facilities, $37,365,000, of which $8,200,000 shall 
be available for the Rowley Secret Service Training Center, to 
remain available until expended: Provided, That funds previously 
provided under the title, "Treasury Buildings and Annex Repair 
and Restoration," for the Secret Service's Headquarters Building, 
shall be transferred to this account: Provided further. That funds 
for the Rowley Secret Service Training Center shall not be available 
110 STAT. 3009-325 
PUBLIC LAW 104-208—SEPT. 30, 1996 
until a prospectus authorizing such facilities is approved in accord-
ance with the Public Buildings Act of 1959, as amended, except 
that funds may be expended for required expenses in connection 
with the development of a proposed prospectus. 
GENERAL PROVISIONS—DEPARTMENT OF THE TREASURY 
SECTION 111. Any obligation or expenditure by the Secretary 
in connection with law enforcement activities of a Federal agency 
or a Department of the Treasury law enforcement organization 
in accordance with 31 U.S.C. 9703(g)(4)(B) from unobligated bal-
ances remaining in the Fund on September 30, 1997, shall be 
made in compliance with the reprogramming guidelines contained 
in the House and Senate reports accompanying this Act. 
SEC. 112. Appropriations to the Treasury Department in this 
Act shall be available for uniforms or allowances therefor, as author-
ized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning; purchase of insurance for official motor vehicles operated 
in foreign countries; purchase of motor vehicles without regard 
to the general purchase price limitations for vehicles purchased 
and used overseas for the current fiscal year; entering into contracts 
with the Department of State for the furnishing of health and 
medical services to employees and their dependents serving in 
foreign countries; and services authorized by 5 U.S.C. 3109. 
SEC. 113. None of the funds appropriated by this title shall 
be used in connection with the collection of any underpayment 
of any tax imposed by the Internal Revenue Code of 1986 unless 
the conduct of officers and employees of the Internal Revenue 
Service in connection with such collection, including any private 
sector employees under contract to the Internal Revenue Service, 
complies with subsection (a) of section 805 (relating to communica-
tions in connection with debt collection), and section 806 (relating 
to harassment or abuse), of the Fair Debt Collection Practices 
Act (15 U.S.C. 1692). 
26 use 6103 
SEC. 114. The Internal Revenue Service shall institute policies 
note. 
and procedures which will safeguard the confidentiality of taxpayer 
information. 
SEC. 115. The funds provided to the Bureau of Alcohol Tobacco 
and Firearms for fiscal year 1997 in this Act for the enforcement 
of the Federal Alcohol Administration Act shall be expended in 
a manner so as not to diminish enforcement efforts with respect 
to section 105 of the Federal Alcohol Administration Act. 
SEC. 116. Paragraph (3)(C) of section 9703(g) of title 31, United 
States Code, is amended— 
(1) by striking in the third sentence "and at the end of 
each fiscal year thereafter"; 
(2) by inserting in lieu thereof "1994, 1995, and 1996"; 
and 
(3) by adding at the end the following new sentence: "At 
the end of fiscal year 1997, and at the end of each fiscal 
year thereafter, the Secretary shall reserve any amounts that 
are required to be retained in the Fund to ensure the availabil-
ity of amounts in the subsequent fiscal year for purposes 
authorized under subsection (a)." 
SEC. 117. Of the funds available to the Internal Revenue Serv-
ice, $13,000,000 shall be made available to continue the private 
sector debt collection program which was initiated in fiscal year 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-326 
1996 and $13,000,000 shall be transferred to the Departmental 
Offices appropriation to initiate a new private sector debt collection 
program: Provided, That the transfer provided herein shall be in 
addition to any other transfer authority contained in this Act. 
SEC. 118. Section 923^) of title 18, United States Code, is 
amended by striking the period after the last sentence, and inserting 
the following: ", including the right of a licensee to conduct 'curios 
or relics' firearms transfers and business away from their business 
premises with another licensee without regard as to whether the 
location of where the business is conducted is located in the State 
specified on the license of either licensee.". 
This title may be cited as the "Treasury Department Appropria-
tions Act, 1997". 
TITLE II—POSTAL SERVICE 
PAYMENTS TO THE POSTAL SERVICE 
PAYMENT TO THE POSTAL SERVICE FUND 
For payment to the Postal Service Fund for revenue forgone 
on free and reduced rate mail, pursuant to subsections (c) and 
(d) of section 2401 of title 39, United States Code, $85,080,000: 
Provided, That mail for overseas voting and mail for the blind 
shall continue to be free: Provided further. That 6-day delivery 39 USC 403 note, 
and rural delivery of mail shall continue at not less than the 
1983 level: Provided further, That none of the funds made available 
to the Postal Service by this Act shall be used to implement any 
rule, regulation, or policy of charging any officer or employee of 
any State or local child support enforcement agency, or any individ-
ual participating in a State or local program of child support enforce-
ment, a fee for information requested or provided concerning an 
address of a postal customer: Provided further. That none of the 
funds provided in this Act shall be used to consolidate or close 
small rural and other small post offices in the fiscal year ending 
on September 30, 1997. 
PAYMENT TO THE POSTAL SERVICE FUND FOR NONFUNDED LIABILITIES 
For payment to the Postal Service Fund for meeting the liabil-
ities of the former Post Office Department to the Employees' Com-
pensation Fund pursuant to 39 United States Code 2004, 
$35,536,000. 
TITLE III—EXECUTIVE OFFICE OF THE PRESIDENT AND 
Executive Office 
FUNDS APPROPRIATED TO THE PRESIDENT 
Appropriations 
Act, 1997. 
COMPENSATION OF THE PRESIDENT AND THE WHITE HOUSE OFFICE 
COMPENSATION OF THE PRESIDENT 
For compensation of the President, including an expense allow-
ance at the rate of $50,000 per annum as authorized by 3 U.S.C. 
102, $250,000: Provided, That none of the funds made available 3 USC102 note, 
for official expenses shall be expended for any other purpose and 
any unused amount shsQl revert to the Treasury pursuant to section 
1552 of title 31, United States Code: Provided further. That none 
110 STAT. 3009-327 
PUBLIC LAW 104-208—SEPT. 30, 1996 
of the funds made available for official expenses shall be considered 
as taxable to the President. 
SALARIES AND EXPENSES 
For necessary expenses for the White House as authorized 
by law, including not to exceed $3,850,000 for services as authorized 
by 5 U.S.C. 3109 and 3 U.S.C. 105; including subsistence expenses 
as authorized by 3 U.S.C. 105, which shall be expended and 
accounted for as provided in that section; hire of passenger motor 
vehicles, newspapers, periodicals, teletype news service, and travel 
(not to exceed $100,000 to be expended and accounted for as pro-
vided by 3 U.S.C. 103); not to exceed $19,000 for official entertain-
ment expenses, to be available for allocation within the Executive 
Office of the President; $40,193,000: Provided, That $420,000 of 
the funds appropriated may not be obligated until the Director 
of the Office of Administration has submitted, and the Committees 
on Appropriations of the House and Senate have approved, a report 
that identifies, evaluates, and prioritizes all computer systems 
investments planned for fiscal year 1997, a milestone schedule 
for the development and implementation of all projects included 
in the systems investment plan, and a systems architecture plan. 
EXECUTIVE RESIDENCE AT THE WHITE HOUSE 
OPERATING EXPENSES 
For the care, maintenance, repair and alteration, refurnishing, 
improvement, heating and lighting, including electric power and 
fixtures, of the Executive Residence at the White House and official 
entertainment expenses of the President, $7,827,000, to be expended 
and accounted for as provided by 3 U.S.C. 105, 109-110, 112-
114. 
SPECIAL ASSISTANCE TO THE PRESIDENT AND THE OFFICIAL 
RESIDENCE OF THE VICE PRESIDENT 
SALARIES AND EXPENSES 
For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions, services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 
106, including subsistence expenses as authorized by 3 U.S.C. 106, 
which shall be expended and accounted for as provided in that 
section; and hire of passenger motor vehicles; $3,280,000: Provided, 
That $150,000 of the funds appropriated may not be obligated 
until the Director of the Office of Administration has submitted, 
and the Committees on Appropriations of the House and Senate 
have approved, a report that identifies, evaluates, and prioritizes 
all computer systems investments planned for fiscal year 1997, 
a milestone schedule for the development and implementation of 
all projects included in the systems investment plan, and a systems 
architecture plan. 
OPERATING EXPENSES 
For the care, operation, refurnishing, improvement, heating 
and lighting, including electric power and fixtures, of the official 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-328 
residence of the Vice President, the hire of passenger motor vehicles, 
and not to exceed $90,000 for official entertainment expenses of 
the Vice President, to be accounted for solely on his certificate; 
$324,000: Provided, That advances or repajrments or transfers from 
this appropriation may be made to any department or agency for 
expenses of carrying out such activities: Provided further. That 
$8,000 of the funds appropriated may not be obligated until the 
Director of the Office of Administration has submitted for approval 
to the Committees on Appropriations of the House and Senate 
a report that identifies, evaluates, and prioritizes all computer 
systems investments planned for fiscal year 1997, a milestone sched-
ule for the development and implementation of all projects included 
in the systems investment plan, and a systems architecture plan. 
COUNCIL OF ECONOMIC ADVISERS 
SALARIES AISFD EXPENSES 
For necessary expenses of the Council in carrying out its func-
tions under the Employment Act of 1946 (15 U.S.C. 1021), 
$3,439,000. 
OFFICE OF POLICY DEVELOPMENT 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Policy Development, 
including services as authorized by 5 U.S.C. 3109, and 3 U.S.C. 
107; $3,867,000: Provided, That $45,000 of the funds appropriated 
may not be obligated until the Director of the Office of Administra-
tion has submitted, and the Committees on Appropriations of the 
House and Senate have approved, a report that identifies, evaluates, 
and prioritizes all computer systems investments planned for fiscal 
year 
1997, a milestone 
schedule for the development 
and 
implementation of all projects included in the systems investment 
plan, and a systems architecture plan. 
NATIONAL SECURITY COUNCIL 
SALARIES AND EXPENSES 
For necessary expenses of the National Security Council, includ-
ing services as authorized by 5 U.S.C. 3109, $6,648,000: Provided, 
That $3,000 of the funds appropriated may not be obligated until 
the Director of the Office of Administration has submitted, and 
the Committees on Appropriations of the House and Senate have 
approved, a report that identifies, evaluates, and prioritizes all 
computer systems investments planned for fiscal year 1997, a mile-
stone schedule for the development and implementation of all 
projects included in the systems investment plan, and a systems 
architecture plan. 
OFFICE OF ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Administration, 
$26,100,000, including services as authorized by 5 U.S.C. 3109 
110 STAT. 3009-329 
PUBLIC LAW 104-208—SEPT. 30, 1996 
and 3 U.S.C. 107, and hire of passenger motor vehicles: Provided, 
That $340,700 of the funds appropriated may not be obHgated 
until the Director of the Office of Administration has submitted, 
and the Committees on Appropriations of the House and Senate 
have approved, a report that identifies, evaluates, and prioritizes 
all computer systems investments planned for fiscal year 1997, 
a milestone schedule for the development and implementation of 
all projects included in the systems investment plan, and a systems 
architecture plan. 
OFFICE OF MANAGEMENT AND BUDGET 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Management and 
Budget, including hire of passenger motor vehicles, services as 
authorized by 5 U.S.C. 3109, $55,573,000, of which not to exceed 
$5,000,000 shall be available to carry out the provisions of 44 
U.S.C. chapter 35: Provided, That, as provided in 31 U.S.C. 1301(a), 
appropriations shall be applied only to the objects for which appro-
priations were made except as otherwise provided by law: Provided 
further, That none of the funds appropriated in this Act for the 
Office of Management and Budget may be used for the purpose 
of reviewing any agricultural marketing orders or any activities 
or regulations under the provisions of the Agricultural Marketing 
Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided 
further. 
That none of the funds made available for the Office of Management 
and Budget by this Act may be expended for the altering of the 
transcript of actual testimony of witnesses, except for testimony 
of officials of the Office of Management and Budget, before the 
House and Senate Committees on Appropriations or the House 
and Senate Committees on Veterans' Affairs or their subcommittees: 
Provided further. That this proviso shall not apply to printed hear-
ings released by the House and Senate Committees on Appropria-
tions or the House and Senate Committees on Veterans' Affairs. 
OFFICE OF NATIONAL DRUG CONTROL POLICY 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to title I of Public Law 
100-690; not to exceed $8,000 for official reception and representa-
tion expenses; and for participation in joint projects or in the 
provision of services on matters of mutual interest with nonprofit, 
research, or public organizations or agencies, with or without 
reimbursement; $35,838,000, of which $19,000,000 shall remain 
available until expended, consisting of $1,000,000 for policy research 
and evaluation and $18,000,000 for the Counter-Drug Technology 
Assessment Center for counternarcotics research and development 
projects of which $1,000,000 shall be obligated for state conferences 
on model state drug laws: Provided, That the $17,000,000 for the 
Counter-Drug Technology Assessment Center shall be available 
for transfer to other Federal departments or agencies: Provided 
further. That the Office is authorized to accept, hold, administer, 
and utilize gifts, both real and personal, for the purpose of aiding 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-330 
or facilitating the work of the Office: Provided further, That not 
before January 31, 1997, the Director of the Office of National 
Drug Control Policy shall transfer all balances in the Special Forfeit-
ure Fund established by section 6073 of the Anti-Drug Abuse Act 
of 1988 (21 U.S.C. §1509) to the Treasury Forfeiture Fund (31 
U.S.C. 9703(a)). 
FEDERAL DRUG CONTROL PROGRAMS 
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Office of National Drug Control 
Policy's 
High 
Intensity 
Drug 
Trafficking 
Areas 
Program, 
$127,102,000 for drug control activities consistent with the approved 
strategy for each of the designated High Intensity Drug Trafficking 
Areas, of which $3,000,000 shall be used for a newly designated 
High Intensity Drug Trafficking Area in Lake County, Indiana; 
of which $6,000,000 shall be used for a newly designated High 
Intensity Drug Trafficking Area for the Gulf Coast States of Louisi-
ana, Alabama, and Mississippi; of which $8,000,000 shall be used 
for a newly designated High Intensity Drug Trafficking Area dedi-
cated to combating methamphetamine use, production and traffick-
ing in a five State area including Iowa, Missouri, Nebraska, South 
Dakota, and Kansas; of which $3,000,000 shall be used for a newly 
designated High Intensity Drug Trafficking Area in the State of 
Colorado; of which $3,000,000 shall be used for a newly designated 
High Intensity Drug Trafficking Area in the Pacific Northwest; 
of the total amount appropriated, including transferred funds, no 
less than $71,000,000 shall be transferred to State and local entities 
for drug control activities, and up to $69,207,000 may be transferred 
to Federal agencies and departments at a rate to be determined 
by the Director: Provided, That the funds made available under 
this head shall be obligated within 90 days of the date of enactment 
of this Act. 
This title may be cited as the "Executive Office Appropriations 
Act, 1997". 
TITLE IV—INDEPENDENT AGENCIES 
Independent 
Agencies 
COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR 
Appropriations 
SEVERELY DISABLED 
^ " ' ^^^'• 
SALARIES AND EXPENSES 
For necessary expenses of the Committee for Purchase From 
People Who Are Blind or Severely Disabled established by the 
Act of June 23, 1971, PubHc Law 92-28; $1,800,000. 
FEDERAL ELECTION COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses to carry out the provisions of the Fed-
eral Election Campaign Act of 1971, as amended, $28,165,000, 
of which no less than $2,500,000 shall be available for internal 
automated data processing systems, and of which not to exceed 
$5,000 shall be available for reception and representation expenses. 
110 STAT. 3009-331 
PUBLIC LAW 104-208—SEPT. 30, 1996 
FEDERAL LABOR RELATIONS AUTHORITY 
SALARIES AND EXPENSES 
For necessary expenses to carry out functions of the Federal 
Labor Relations Authority, pursuant to Reorganization Plan Num-
bered 2 of 1978, and the Civil Service Reform Act of 1978, including 
services as authorized by 5 U.S.C. 3109, including hire of experts 
and consultants, hire of passenger motor vehicles, rental of con-
ference 
rooms in the District 
of Columbia and 
elsewhere; 
$21,588,000: Provided, That public members of the Federal Service 
Impasses Panel may be paid travel expenses and per diem in 
lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons 
employed intermittently in the Government service, and compensa-
tion as authorized by 5 U.S.C. 3109: Provided further, That notwith-
standing 31 U.S.C. 3302, funds received from fees charged to non-
Federal participants at labor-management relations conferences 
shall be credited to and merged with this account, to be available 
without further appropriation for the costs of carrying out these 
conferences. 
GENERAL SERVICES ADMINISTRATION 
FEDERAL BUILDINGS FUND 
LIMITATIONS ON AVAILABILITY OF REVENUE 
(INCLUDING TRANSFER OF FUNDS) 
For additional expenses necessary to carry out the purpose 
of the Fund established pursuant to section 210(f) of the Federal 
Property and Administrative Services Act of 1949, as amended 
(40 U.S.C. 490(f)), $400,544,000, to be deposited into said Fund. 
The revenues and collections deposited into the Fund shall be 
available for necessary expenses of real property management and 
related activities not otherwise provided for, including operation, 
maintenance, and protection of federally owned and leased build-
ings; rental of buildings in the District of Columbia; restoration 
of leased premises; moving governmental agencies (including space 
adjustments and telecommunications relocation expenses) in connec-
tion with the assignment, allocation and transfer of space; contrac-
tual services incident to cleaning or servicing buildings, and moving; 
repair and alteration of federally owned buildings including 
grounds, approaches and appurtenances; care and safeguarding of 
sites; maintenance, preservation, demolition, and equipment; acqui-
sition of buildings and sites by purchase, condemnation, or as 
otherwise authorized by law; acquisition of options to purchase 
buildings and sites; conversion and extension of federally owned 
buildings; preliminary planning and design of projects by contract 
or otherwise; construction of new buildings (including equipment 
for such buildings); and payment of principal, interest, taxes, and 
any other obligations for public buildings acquired by installment 
purchase 
and 
purchase 
contract, 
in the 
aggregate 
amount 
of$5,555,544,000 of which (1) not to exceed $657,711,000 shall re-
main available until expended for construction of additional projects 
and at maximum construction improvement costs (including funds 
for sites and expenses and associated design and construction serv-
ices) as follows: 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-332 
New Construction: 
California: 
Fresno, Federal Building and U.S. Courthouse, $6,595,000 
Colorado: 
Denver, 
Rogers 
Federal 
Building-U.S. 
Courthouse, 
$9,545,000 
District of Columbia: 
U.S. Courthouse Annex, $5,703,000 
Florida: 
Miami, U.S. Courthouse, $24,990,000 
Orlando, U.S. Courthouse, $9,514,000 
Kentucky: 
Covington, U.S. Courthouse, $17,134,000 
London, U.S. Courthouse, $13,732,000 
Montana: 
Babb, Piegan Border Station, $333,000 
Sweetgrass, Border Station, $1,059,000 
Nevada: 
Las Vegas, U.S. Courthouse, $83,719,000 
New York: 
Brooklyn, U.S. Courthouse, $169,000,000 
Ohio: 
Cleveland, U.S. Courthouse, $128,559,000 
Youngstown, U.S. Courthouse, $15,813,000 
Oregon: 
Portland, 
Consolidated 
Law Federal 
Office 
Building, 
$4,750,000 
Pennsylvania: 
Erie, U.S. Courthouse Annex, $3,300,000 
Philadelphia, DVA-Federal Complex, Phase II, $13,765,000 
South Carolina: 
Columbia, U.S. Courthouse Annex, $43,848,000 
Texas: 
Corpus Christi, U.S. Courthouse, $24,161,000 
Utah: 
Salt Lake City, Moss U.S. Courthouse Annex and Alter-
ation, $11,474,000 
Washington: 
Blaine, U.S. Border Station, $13,978,000 
Oroville, U.S. Border Station, $1,452,000 
Seattle, U.S. Courthouse, $16,853,000 
Sumas, U.S. Border Station (Claim), $1,177,000 
Nationwide: 
Non-prospectus construction projects, $10,000,000 
Security Enhancements, $27,256,000: 
Provided, That each of the immediately foregoing limits of costs 
on new construction projects may be exceeded to the extent that 
savings are affected in other such projects, but not to exceed 10 
percent unless advance approval is obtained from the House and 
Senate Committees on Appropriations of a greater amount: Provided 
further, That the cost of future U.S. Courthouse annex projects 
shall reflect savings through improving design efficiencies, curtail-
ing planned interior finishes, requiring more efficient use of court-
room and library space, and by otherwise limiting space require-
ments: Providing further, That from funds available in the Federal 
Buildings Fund, $20,000,000 shall be available until expended for 
environmental clean up activities at the Southeast Federal Center 
110 STAT. 3009-333 
PUBLIC LAW 104-208—SEPT. 30, 1996 
in the District of Columbia and $81,000,000 shall be available 
until expended for design and construction activities at the Consoli-
dated Law Federal Office Building in Portland, Oregon: Provied 
further. That from funds available for non-prospectus construction 
projects, $250,000 may be available until expended for the acquisi-
tion, lease, construction, and equipping of flexiplace work tele-
commuting centers in West Virginia: Provided further, That all 
funds for direct construction projects shall expire on September 
30, 1999: (2) not to exceed $639,000,000 shall remain available 
until expended, for repairs and alterations which includes associated 
design and construction services: Provided further. That funds in 
the Federal Buildings Fund for Repairs and Alterations shall, for 
prospectus projects, be limited to the amount by project as follows, 
except each project may be increased by an amount not to exceed 
10 per centum unless advance approval is obtained from the Com-
mittees on Appropriations of the House and Senate of a greater 
amount: 
Repairs and alterations: 
District of Columbia: 
Ariel Rios Building, $62,740,000 
Justice Department, Phase 1 of 3, $50,000,000 
Lafayette Building, $5,166,000 
Hawaii: 
Honolulu, Prince Jonah Kuhio Kalanianaole Federal Build-
ing and U.S. Courthouse, $4,140,000 
Illinois: 
Chicago, Everett M. Dirksen Federal Building, $18,844,000 
Chicago, John C. Kluczynski, Jr. Federal Building (IRS), 
$13,414,000 
Louisiana: 
New Orleans, Customhouse, $3,500,000 
Maryland: 
Montgomery County, White Oak environmental clean up 
activities, $10,000,000 
Massachusetts: 
Andover, IRS Regional Service Center, $812,000 
New Hampshire: 
Concord, J.C. Cleveland Federal Building, $8,251,000 
New Jersey: 
Camden, U.S. Post Office-Courthouse $11,096,000 
New York: 
Albany, James T. Foley Post Office-Courthouse, $3,880,000 
Brookhaven, IRS Service Center, $2,272,000 
New York, Jacob K. Javits Federal Building, $13,651,000 
Pennsylvania: 
Scranton, Federal Building-U.S. Courthouse, $10,610,000 
Rhode Island: 
Providence, Federal Building-U.S. Courthouse, $8,209,000 
T G X 3 . S ' 
Fort Worth, Federal Center, $11,259,000 
Nationwide: 
Chlorofluorocarbons Program, $23,456,000 
Elevator Program, $10,000,000 
Energy Program, $20,000,000 
Security Enhancements, various buildings, $2,700,000 
Basic Repairs and Alterations, $345,000,000: 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-334 
Provided further, That additional projects for which prospectuses 
have been fully approved may be funded under this category only 
if advance approval is obtained from the Committees on Appropria-
tions of the House and Senate: Provided further, That the amounts 
provided in this or any prior Act for Repairs and Alterations may 
be used to fund costs associated with implementing security 
improvements to buildings necessary to meet the minimum stand-
ards for security in accordance with current law and in compliance 
with the reprogramming guidelines of the appropriate Committees 
of the House and Senate: Provided further. That funds in the 
Federal Buildings Fund for Repairs and Alterations shall, for 
prospectus projects, be limited to the originally authorized amount, 
except each project may be increased by an amount not to exceed 
10 percent when advance approval is obtained from the Committees 
on Appropriations of the House and Senate of a greater amount: 
Provided further, That the difference between the funds appro-
priated and expended on any projects in this or any prior Act, 
under the heading "Repairs and Alterations", may be transferred 
to Basic Repairs and Alterations or used to fund authorized 
increases in prospectus projects: Provided further. That from funds 
made available for Basic Repairs and Alterations, $8,000,000 shall 
be made available for renovation of the Agricultural Research Serv-
ice Laboratory in Ames, Iowa, which is currently occupied by the 
Animal and Plant Health Inspection Service: Provided further. That 
from funds made available for Basic Repairs and Alterations, 
$1,450,000 may be available for the renovation of the Pioneer Court-
house located at 520 SW Morrison, in Portland, Oregon: Provied 
further. That from funds made available for Basic Repairs and 
Alterations, $6,000,000 shall be used for necessary expenses associ-
ated with ongoing construction of the U.S. Courthouse in Montgom-
ery, Alabama: Provided further. That from funds made available 
for Basic Repairs and Alterations, $100,000 shall be transferred 
to the National Park Service "Construction" appropriation for res-
toration and maintenance of the multi-purpose field at Wallenberg 
Place in Washington, DC: Provided further. That all funds for 
repairs and alterations prospectus projects shall expire on Septem-
ber 30, 1999, and remain in the Federal Buildings Fund except 
funds for projects as to which funds for design or other funds 
have been obligated in whole or in part prior to such date: Provided 
further, That the amount provided in this or any prior Act for 
Basic Repairs and Alterations may be used to pay claims against 
the Government arising from any projects under the heading "Re-
pairs and Alterations" or used to fund authorized increases in 
prospectus projects: Provided further. That $5,700,000 of the funds 
provided under this heading in Public Law 103-329, for the IRS 
Service Center, Holtsville, New York, shall be available until Sep-
tember 30, 1998; (3) not to exceed $173,075,000 for installment 
acquisition payments including payments on purchase contracts 
which shall remain available until expended: Provided further. That 
up to $1,500,000 shall be available for a design prospectus of 
the Federal Building and U.S. Courthouse located at 811 Grand 
Avenue in Kansas City, Missouri; (4) not to exceed $2,343,795,000 
for rental of space which shall remain available until expended; 
and (5) not to exceed $1,552,651,000 for building operations which 
shall remain available until expended and of which $8,000,000 
shall be transferred to the "Policy and Operations" appropriation: 
Provided further. That funds available to the General Services 
110 STAT. 3009-335 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Administration shall not be available for expenses in connection 
with any construction, repair, alteration, and acquisition project 
for which a prospectus, if required by the Public Buildings Act 
of 1959, as amended, has not been approved, except that necessary 
funds may be expended for each project for required expenses 
in connection with the development of a proposed prospectus: Pro-
vided further, That the Administrator of Greneral Services shall, 
at the earliest practicable date, initiate discussions with the Smith-
sonian Institution on the feasibility of transferring Federal Building 
lOB located at 600 Independence Avenue SW., Washington, DC 
to the Smithsonian Institution at such price and under such terms 
and conditions as determined appropriate by the Administrator 
and subject to the prior approval of the appropriate authorizing 
and appropriations committees of the Congress: Provided 
further. 
That funds provided in this Act under the heading "Security En-
hancements, various buildings" may be used, by project in accord-
40 use 872 note, ance with an approved prospectus: Provided further. That the Ad-
ministrator is authorized in fiscal year 1997 and thereafter, to 
enter into and perform such leases, contracts, or other transactions 
with any agency or instrumentality of the United States, the several 
States, or the District of Columbia, or with any person, firm, associa-
tion, or corporation, as may be necessary to implement the trade 
center plan at the Federal Triangle Project and is hereby granted 
all the rights and authorities of the former Pennsylvania Avenue 
Development Corporation (PADC) with regard to property trans-
ferred from the PADC to the General Services Administration in 
fiscal year 1996: Provided further. That notwithstanding any other 
provision of law, the Administrator of General Services is hereby 
authorized to use all funds transferred from the PADC or income 
earned on PADC properties for activities associated with carrying 
out the responsibilities of the PADC transferred to the Adminis-
trator of General Services and that any such income earned on 
or after April 1, 1996, shall be deposited to the Pennsylvania 
Avenue Activities account and shall remain available until ex-
pended: Provided further. That any funds or income as may be 
deemed by the Administrator as excess to the amount needed 
to fulfill the PADC responsibilities transferred to the Administrator 
of General Services, shall be applied to any outstanding debt, with 
the exception of debt associated with the Ronald Reagan Building 
and International Trade Center, incurred by the PADC in the 
course of acquiring real estate: Provided further, That with respect 
to real property transferred from the PADC to the General Services 
Administration pursuant to section 313 of Public Law 104-134, 
Title III, General Provisions, the Administrator of General Services 
is hereafter authorized and dii^ected to make payments required 
by section 10(b) of the PADC Act of 1972, Public Law 92-578 
in the same manner as previously paid by the PADC: Provided 
further, That for the purposes of this authorization, buildings con-
structed pursuant to the purchase contract authority of the Public 
Buildings Amendments of 1972 (40 U.S.C. 602a), buildings occupied 
pursuant to installment purchase contracts, and buildings under 
the control of another department or agency where alterations 
of such buildings are required in connection with the moving of 
such other department or agency from buildings then, or thereafter 
to be, under the control of the General Services Administration 
shall be considered to be federally owned buildings: Provided fur-
ther, That funds available in the Federal Buildings Fund may 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-336 
be expended for emergency repairs when advance approval is ob-
tained from the Committees on Appropriations of the House and 
Senate: Provided further, That amounts necessary to provide reim-
bursable special services to other agencies under section 210(f)(6) 
of the Federal Property and Administrative Services Act of 1949, 
as amended (40 tJ.S.C. 490(f)(6)) and amounts to provide such 
reimbursable fencing, lighting, guard booths, and other facilities 
on private or other property not in (government ownership or control 
as may be appropriate to enable the United States Secret Service 
to perform its protective functions pursuant to 18 U.S.C. 3056, 
as amended, shall be available from such revenues and collections: 
Provided further, That revenues and collections and any other sums 
accruing to this Fund during fiscal year 1997, excluding reimburse-
ments under section 210(f)(6) of the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 490(f)(6)) in excess of 
$5,555,544,000 shall remain in the Fund and shall not be available 
for expenditure except as authorized in appropriations Acts. 
POLICY AND OPERATIONS 
For expenses authorized by law, not otherwise provided for, 
for Government-wide policy and oversight activities associated with 
asset management activities; utilization and donation of surplus 
personal property; transportation management activities; procure-
ment and supply management activities; Government-wide and 
internal responsibilities relating to automated data management, 
telecommunications, 
information 
resources 
management, 
and 
related technology activities; utilization survey, deed compliance 
inspection, appraisal, environmental and cultural analysis, and land 
use planning functions pertaining to excess and surplus real prop-
erty; agency-wide policy direction; Board of Contract Appeals; 
accounting, records management, and other support 
services 
incident to adjudication of Indian Tribal Claims by the United 
States Court of Federal Claims; services as authorized by 5 U.S.C. 
3109; and not to exceed $5,000 for official reception and representa-
tion expenses; $110,173,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General and 
services authorized by 5 U.S.C. 3109, $33,863,000: Provided, That 
not to exceed $5,000 shall be available for payment for information 
and detection of fraud against the Government, including payment 
for recovery of stolen Government property: Provided further. That 
not to exceed $2,500 shall be available for awards to employees 
of other Federal agencies and private citizens in recognition of 
efforts and initiatives resulting in enhanced Office of Inspector 
Greneral effectiveness. 
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS 
For carrying out the provisions of the Act of August 25, 1958, 
as amended (3 U.S.C. 102 note), and Public Law 95-138, $2,180,000: 
Provided, That the Administrator of General Services shall transfer 
to the Secretary of the Treasury such sums as may be necessary 
to carry out the provisions of such Acts. 
110 STAT. 3009-337 
PUBLIC LAW 104-208—SEPT. 30, 1996 
EXPENSES, PRESIDENTIAL TRANSITION 
For expenses necessary to carry out the Presidential Transition 
Act of 1963, as amended (3 U.S.C. 102 note), $5,600,000. 
GENERAL PROVISIONS—GENERAL SERVICES ADMINISTRATION 
SECTION 401. The appropriate appropriation or fund available 
to the General Services Administration shall be credited with the 
cost of operation, protection, maintenance, upkeep, repair, and 
improvement, included as part of rentals received from Crovernment 
corporations pursuant to law (40 U.S.C. 129). 
SEC. 402. Funds available to the General Services Administra-
tion shall be available for the hire of passenger motor vehicles. 
SEC. 403. Funds in the Federal Buildings Fund made available 
for fiscal year 1997 for Federal Buildings Fund activities may 
be transferred between such activities only to the extent necessary 
to meet program requirements: Provided, That any proposed trans-
fers shall be approved in advance by the Committees on Appropria-
tions of the House and Senate. 
SEC. 404. No funds made available by this Act shall be used 
to transmit a fiscal year 1998 request for United States Courthouse 
construction that does not meet the design guide standards for 
construction as established by the General Services Administration, 
the Judicial Conference of the United States, and the Office of 
Management and Budget and does not reflect the priorities of 
the Judicial Conference of the United States as set out in its 
approved 5-year construction plan: Provided, That the request must 
be accompanied by a standardized courtroom utilization study of 
each facility to be replaced or expanded. 
SEC. 405. None of the funds provided in this Act may be 
used to increase the amount of occupiable square feet, provide 
cleaning services, security enhancements, or any other service usu-
ally provided through the Federal Buildings Fund, to any agency 
which does not pay the requested rate per square foot assessment 
for space and services as determined by the General Services 
Administration in compliance with the Public Buildings Amend-
ments Act of 1972 (Public Law 92-313). 
SEC. 406. The Administrator of the General Services is directed 
to ensure that the materials used for the fascade on the United 
States Courthouse Annex, Savannah, Georgia project are compatible 
with the existing Savannah Federal Building-U.S. Courthouse 
fascade, in order to ensure compatibility of this new facility with 
the Savannah historic district and to ensure that the Annex will 
not endanger the National Landmark status of the Savannah his-
toric district. 
SEC. 407. (a) Section 210 of the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 490) is amended by adding 
at the end the following new subsection: 
"(1)(1) The Administrator may establish, acquire space for, and 
equip flexiplace work telecommuting centers (in this subsection 
referred to as 'telecommuting centers') for use by employees of 
Federal agencies. State and local governments, and the private 
sector in accordance with this subsection. 
"(2) The Administrator may make any telecommuting center 
available for use by individuals who are not Federal employees 
to the extent the center is not being fully utilized by Federal 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-338 
employees. The Administrator shall give Federal employees priority 
in using the telecommuting centers. 
"(3XA) The Administrator shall charge user fees for the use 
of any telecommuting center. The amount of the user fee shall 
approximate commercial charges for comparable space and services 
except that in no instance shall such fee be less than that necessary 
to pay the cost of establishing and operating the center, including 
the reasonable cost of renovation and replacement of furniture, 
fixtures, and equipment. 
"(B) Amounts received by the Administrator after September 
30, 1993, as user fees for use of any telecommuting center may 
be deposited into the Fund established under subsection (f) of 
this section and may be used by the Administrator to pay costs 
incurred in the establishment and operation of the center. 
"(4) The Administrator may provide guidance, assistance, and 
oversight to any person regarding establishment and operation 
of alternative workplace arrangements, such as telecommuting, 
hoteling, virtual offices, and other distributive work arrangements. 
"(5) In considering whether to acquire any space, quarters, 
buildings, or other facilities for use by employees of any executive 
agency, the head of that agency shall consider whether the need 
for the facilities can be met using alternative workplace arrange-
ments referred to in paragraph (4).". 
(b) Section 13 of the Public Building Act of 1959, as amended, 
(107 Stat. 438; 40 U.S.C. 612) is amended— 
(1) by striking "(xi)" and inserting in lieu thereof "(xii)"; 
and 
(2) by striking "and (x)" and inserting in lieu thereof "(x) 
telecommuting centers and (xi)". 
SEC. 408. Notwithstanding any other provision of law, the 
Administrator of General Services is authorized and directed to 
acquire the land bounded by S.W. First Avenue, S.W. Second 
Avenue, S.W. Main Street, and S.W. Madison Street, Portland, 
Oregon, for the purposes of constructing the proposed Law Enforce-
ment Center on the site. 
SEC. 409. Section 2815 of Public Law 103-160, relating to 
the conveyance of real property at the Iowa Army Ammunition 
Plant, is amended— 
(1) in subsection (a), by striking "may convey to" and insert-
ing "shall convey, without reimbursement and if requested by,"; 
and 
(2) by striking subsection (b) and inserting the following 
new subsection: 
"(b) USE OF WATER AND SEWER LINES.—AS part of the convey-
ance under subsection (a), the Secretary shall permit the City 
to use existing water and sewer lines and sewage system at the 
Iowa Army Ammunition Plant for a three-year period beginning 
on the date of the conveyance.". 
SEC. 410. (a) CONVEYANCE OF LAND.— 
(1) ADMINISTRATOR OF GENERAL SERVICES.—Subject to sub-
sections (b) and (c), the Administrator of G^eneral Services 
(hereinafter in this section referred to as the "Administrator") 
shall convey, without compensation, to a nonprofit organization 
known as the "Beaver County Corporation for Economic Devel-
opment" all right, title, and interest of the United States in 
and to those pieces or parcels of land in Hopewell Township, 
Pennsylvania, described in subsection (b), together with all 
110 STAT. 3009-339 
PUBLIC LAW 104-208—SEPT. 30, 1996 
improvements thereon and appurtenances thereto. The purpose 
of the conveyance is to provide a site for economic development 
in Hopewell Township. 
(2) PROPERTY DESCRIPTION.—The land referred to in para-
graph (1) is the parcel of land in the township of Hopewell, 
county of Beaver, Pennsylvania, bounded and described as fol-
lows: 
(A) Beginning at the southwest corner at a point com-
mon to Lot No. 1, same plan, lands now or formerly of 
Frank and Catherine Wutter, and the easterly right-of-
way line of Pennsylvania Legislative Route No. 60 (Beaver 
Valley Expressway); thence proceeding by the easterly 
right-of-way of Pennsylvania Legislative Route No. 60 by 
the following three courses and distances: 
(i) North 17 degrees, 14 minutes, 20 seconds West, 
213.10 feet to a point. 
(ii) North 72 degrees, 45 minutes, 40 seconds East, 
30.00 feet to a point. 
(iii) North 17 degrees, 14 minutes, 20 seconds 
West, 252.91 feet to a point; on a line dividing Lot 
No. 1 from the other part of Lot No. 1, said part 
now called Lot No. 5, same plan; thence by last men-
tioned dividing line. North 78 degrees, 00 minutes, 
00 seconds East; 135.58 feet to a point, a cul-de-sac 
on Industrial Drive; thence by said cul-de-sac and the 
southerly side of Industrial Drive by the following 
courses and distances: 
(I) By a curve to the right having a radius 
of 100.00 feet for an arc distance of 243.401 feet 
to a point. 
(II) Thence by a curve to the right having 
a radius of 100.00 feet for an arc distance of 86.321 
feet to a point. 
(III) Thence by 78 degrees, 00 minutes, 00 
seconds East, 777.78 feet to a point. 
(IV) Thence, North 12 degrees, 00 minutes, 
00 seconds West, 74.71 feet to a point. 
(V) Thence by a curve to the right, having 
a radius of 50.00 feet for an arc distance of 78.54 
feet to a point. 
(VI) Thence North 78 degrees, 00 minutes, 
00 seconds East, 81.24 feet to a point. 
(VII) Thence by a curve to the right, having 
a radius of 415.00 feet for an arc distance of 140.64 
feet to a point. 
(VIII) Thence, South 82 degrees, 35 minutes, 
01 second East, 125.00 feet to a point. 
(IX) Thence, South 7 degrees, 24 minutes, 59 
seconds West, 5.00 feet to a point. 
(X) Thence by a curve to the right, having 
a radius of 320.00 feet for an arc distance of 256.85 
feet to a point. 
(XI) Thence by a curve to the right having 
a radius of 50.00 feet for an arc distance of 44.18 
feet to a point on the northerly side of Airport 
Road. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-340 
(B) Thence by the northerly side thereof by the follow-
ing: 
(i) South 14 degrees, 01 minutes, 54 seconds, West, 
56.94 feet to a point. 
(ii) Thence by a curve to the right having a radius 
of 225.00 feet for an arc distance of 207.989 feet to 
a point. 
(iii) Thence South 66 degrees, 59 minutes, 45 sec-
onds West, 192.08 feet to a point on the southern 
boundary of Lot No. 1, which line is also the line 
dividing Lot No. 1 from lands now or formerly, of 
Frank and Catherine Wutter. 
(C) Thence by the same, South 75 degrees, 01 minutes, 
00 seconds West, 1,351.23 feet to a point at the place 
of beginning. 
(3) DATE OF CONVEYANCE.—^The date of the conveyance 
of property required under paragraph (1) shall be not later 
than the 90th day following the date of the enactment of 
this Act. 
(4) CONVEYANCE TERMS.— 
(A) TERMS AND CONDITIONS.—The conveyance of prop-
erty required under paragraph (1) shall be subject to such 
terms and conditions as may be determined by the Adminis-
trator to be necessary to safeguard the interests of the 
United States. Such terms and conditions shall be consist-
ent with the terms and conditions set forth in this section. 
(B) QUITCLAIM DEED.—The conveyance of property 
required under paragraph (1) shall be by quitclaim deed. 
(b) LIMITATION ON CONVEYANCE.—No part of any land conveyed 
under subsection (a) may be used, during the 30-year period begin-
ning on the date of conveyance for any purpose other than economic 
development. 
(c) REVERSIONARY INTEREST.— 
(1) IN GENERAL.—^The property conveyed under subsection 
(a) shall revert to the United States on any date in the 30-
year period beginning on the date of such conveyance on which 
the property is used for a purpose other than economic develop-
ment. 
(2) ENFORCING REVERSION.—The Administrator shall per-
form all acts necessary to enforce any reversion of property 
to the United States under this subsection. 
(3) INVENTORY OF PUBLIC BUILDINGS SERVICE.—Property 
that reverts to the United States under this subsection shall 
be under the control of the General Services Administration. 
SEC. 411. Notwithstanding any other provision of law, the 
land contained in block 111 in the Federal District, Denver, Colo-
rado, obtained pursuant to paragraphs (6) and (7) of section 12 
of Public Law 94-204 (43 U.S.C. 1611 note) shall not be subject 
to condemnation by any agency or instrumentality of the Federal 
Government, without the consent of the owner of that land. 
JOHN F . KENNEDY ASSASSINATION RECORDS REVIEW BOARD 
For necessary expenses to carry out the John F. Kennedy 
Assassination Records Collection Act of 1992, $2,150,000. 
110 STAT. 3009-341 
PUBLIC LAW 104-208—SEPT. 30, 1996 
MERIT SYSTEMS PROTECTION BOARD 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses to carry out functions of the Merit 
Systems Protection Board pursuant to Reorganization Plan Num-
bered 2 of 1978 and the Civil Service Reform Act of 1978, including 
services as authorized by 5 U.S.C. 3109, rental of conference rooms 
in the District of Columbia and elsewhere, hire of passenger motor 
vehicles, and direct procurement of survey printing, $23,923,000, 
together with not to exceed $2,430,000 for administrative expenses 
to adjudicate retirement appeals to be transferred from the Civil 
Service Retirement and Disability Fund in amounts determined 
by the Merit Systems Protection Board. 
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 
OPERATING EXPENSES 
For necessary expenses in connection with the administration 
of the National Archives (including the Information Security Over-
sight Office) and records and related activities, as provided by 
law, and for expenses necessary for the review and declassification 
of documents, and for the hire of passenger motor vehicles, 
$196,963,000: Provided, That the Archivist of the United States 
is authorized to use any excess funds available from the amount 
borrowed for construction of the National Archives facility, for 
expenses necessary to move into the facility. 
ARCHIVES FACILITIES AND PRESIDENTIAL LIBRARIES 
REPAIRS AND RESTORATION 
For the repair, alteration, and improvement of archives facilities 
and presidential libraries, and to provide adequate storage for hold-
ings, $16,229,000 to remain available until expended. 
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION 
GRANTS PROGRAM 
For necessary expenses for allocations and grants for historical 
publications and records as authorized by 44 U.S.C. 2504, as amend-
ed, $5,000,000 to remain available until expended. 
OFFICE OF GOVERNMENT ETHICS 
SALARIES AND EXPENSES 
For necessary expenses to carry out functions of the Office 
of Government Ethics pursuant to the Ethics in Government Act 
of 1978, as amended by Public Law 100-598, and the Ethics Reform 
Act of 1989, Public Law 101-194, including services as authorized 
by 5 U.S.C. 3109, rental of conference rooms in the District of 
Columbia and elsewhere, hire of passenger motor vehicles, and 
not to exceed $1,500 for official reception and representation 
expenses; $8,078,000. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-342 
OFFICE OF PERSONNEL MANAGEMENT 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF TRUST FUNDS) 
For necessary expenses to carry out functions of the Office 
of Personnel Management pursuant to Reorganization Plan Num-
bered 2 of 1978 and the Civil Service Reform Act of 1978, including 
services as authorized by 5 U.S.C. 3109; medical examinations 
performed for veterans by private physicians on a fee basis; rental 
of conference rooms in the District of Columbia and elsewhere; 
hire of passenger motor vehicles; not to exceed $2,500 for official 
reception and representation expenses; advances for reimburse-
ments to applicable funds of the Office of Personnel Management 
and the Federal Bureau of Investigation for expenses incurred 
under Executive Order 10422 of January 9, 1953, as amended; 
and pajnnent of per diem and/or subsistence allowances to employ-
ees where Voting Rights Act activities require an employee to 
remain overnight at his or her post of duty; $87,076,000, of which 
not to exceed $1,000,000 shall be available for the establishment 
"^ 
of health promotion and disease prevention programs for Federal 
employees; and in addition $94,736,000 for administrative expenses, 
to be transferred from the appropriate trust funds of the Office 
of Personnel Management without regard to other statutes, includ-
ing direct procurement of printing materials for annuitants, for 
the retirement and insurance programs, of which $3,500,000 shall 
be transferred at such times as the Office of Personnel Management 
deems appropriate, and shall remain available until expended for 
the costs of automating the retirement recordkeeping systems, 
together with remaining amounts authorized in previous Acts for 
the recordkeeping systems: Provided, That the provisions of this 
appropriation shall not affect the authority to use applicable trust 
funds as provided by section 8348(a)(1)(B) of title 5, United States 
Code: Provided further, That, except as may be consistent with 
5 U.S.C. 8902a(f)(l) and (i), no payment may be made from the 
Employees Health Benefits Fund to any physician, hospital, or 
other provider of health care services or supplies who is, at the 
time such services or supplies are provided to an individual covered 
under chapter 89 of title 5, United States Code, excluded, pursuant 
to section 1128 or 1128A of the Social Security Act (42 U.S.C. 
1320a-7-1320a-7a), from participation in any program under title 
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.): Provided 
further. That no part of this appropriation shall be available for 
salaries and expenses of the Legal Examining Unit of the Office 
of Personnel Management established pursuant to Executive Order 
9358 of July 1, 1943, or any successor unit of like purpose: Provided 
further. That the President's Commission on White House Fellows, 
established by Executive Order 11183 of October 3, 1964, may, 
during the fiscal year ending September 30, 1997, accept donations 
of money, property, and personal services in connection with the 
development of a publicity brochure to provide information about 
the White House Fellows, except that no such donations shall 
be accepted for travel or reimbursement of travel expenses, or 
for the salaries of employees of such Commission. 
110 STAT. 3009-343 
PUBLIC LAW 104-208—SEPT. 30, 1996 
GENERAL PROVISIONS—OFFICE OF PERSONNEL MANAGEMENT 
SEC. 421. The first sentence of section 1304(e)(1) of title 5, 
United States Code, is amended by inserting after "basis" the follow-
ing ", including personnel management services performed at the 
request of individual agencies (which would otherwise be the respon-
sibility of such agencies), or at the request of nonappropriated 
fund instrumentalities". 
SEC. 422. Paragraph (1) of section 8906(e) of title 5, United 
States Code, is amended— 
(1) by striking the last sentence of that paragraph and 
redesignating the remainder of that paragraph as (1)(A); 
(2) by adding at the end of paragraph (1)(A) (as so des-
ignated) the following: 
"(B) During each pay period in which an enrollment contin-
ues under subparagraph (A)— 
"(i) employee and Government contributions required 
by this section shall be paid on a current basis; and 
"(ii) if necessary, the head of the employing agency 
shall approve advance payment, recoverable in the same 
manner as under section 5524a(c), of a portion of basic 
pay sufficient to pay current employee contributions. 
"(C) Each agency shall establish procedures for accepting 
direct payments of employee contributions for the purposes 
of this paragraph.". 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF TRUST FUNDS) 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act, as amend-
ed, including services as authorized by 5 U.S.C. 3109, hire of 
passenger motor vehicles, $960,000; and in addition, not to exceed 
$8,645,000 for administrative expenses to audit the Office of Person-
nel Management's retirement and insurance programs, to be trans-
ferred from the appropriate trust funds of the Office of Personnel 
Management, as determined by the Inspector General: Provided, 
That the Inspector General is authorized to rent conference rooms 
in the District of Columbia and elsewhere. 
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH 
BENEFITS 
For pa3anent of Government contributions with respect to 
retired employees, as authorized by chapter 89 of title 5, United 
States Code, and the Retired Federal Employees Health Benefits 
Act (74 Stat. 849), as amended, such sums as may be necessary. 
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE 
INSURANCE 
For payment of Government contributions with respect to 
employees retiring after December 31, 1989, as required by chapter 
87 of title 5, United States Code, such sums as may be necessary. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-344 
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND 
For financing the unfunded liability of new and increased annu-
ity benefits becoming effective on or after October 20, 1969, as 
authorized by 5 U.S.C. 8348, and annuities under special Acts 
to be credited to the Civil Service Retirement and Disability Fund, 
such sums as may be necessary: Provided, That annuities author- 
33 USC 776. 
ized by the Act of May 29, 1944, as amended, and the Act of 
August 19, 1950, as amended (33 U.S.C. 771-75), may hereafter 
be paid out of the Civil Service Retirement and Disability Fund. 
OFFICE OF SPECIAL COUNSEL 
SALARIES AND EXPENSES 
For necessary expenses to carry out functions of the Office 
of Special Counsel pursuant to Reorganization Plan Numbered 2 
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law 101-
12), Public Law 103-424, and the Uniformed Services Employment 
and Reemployment Act of 1994 (Public Law 103-353), including 
services as authorized by 5 U.S.C. 3109, payment of fees and 
expenses for witnesses, rental of conference rooms in the District 
of Columbia and elsewhere, and hire of passenger motor vehicles; 
$8,116,000. 
UNITED STATES TAX COURT 
SALARIES A N D EXPENSES 
For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, $33,781,000: Provided, 
That travel expenses of the judges shall be paid upon the written 
26 USC 7443 
certificate of the judge. 
°ote. 
This title may be cited as the "Independent Agencies Appropria-
tions Act, 1997". 
TITLE V—GENERAL PROVISIONS 
THIS ACT 
SECTION 501. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year unless expressly so provided herein. 
SEC. 502. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available 
for public inspection, except where otherwise provided under exist-
ing law, or under existing Executive order issued pursuant to exist-
ing law. 
SEC. 503. Section 5131 of title 31, United States Code, is 
amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsection (d) as subsection (c). 
SEC. 504. None of the funds made available by this Act shall 
be available for any activity or for paying the salary of any Govern-
ment employee where funding an activity or paying a salary to 
110 STAT. 3009-345 
PUBLIC LAW 104-208—SEPT. 30, 1996 
a Government employee would result in a decision, determination, 
rule, regulation, or policy that would prohibit the enforcement of 
section 307 of the Tariff Act of 1930. 
SEC. 505. None of the funds made available by this Act shall 
be available for the purpose of transferring control over the Federal 
Law Enforcement Training Center located at Glynco, Georgia, and 
Artesia, New Mexico, out of the Treasury Department. 
SEC. 506. No part of any appropriation contained in this Act 
shall be used for publicity or propaganda purposes within the 
United States not heretofore authorized by the Congress. 
SEC. 507. No part of any appropriation contained in this Act 
shall be available for the payment of the salary of any officer 
or employee of the United States Postal Service, who— 
(1) prohibits or prevents, or attempts or threatens to pro-
hibit or prevent, any officer or employee of the United States 
Postal Service from having any direct oral or written commu-
nication or contact with any Member or committee of Congress 
in connection with any matter pertaining to the employment 
of such officer or employee or pertaining to the United States 
Postal Service in any way, irrespective of whether such commu-
nication or contact is at the initiative of such officer or employee 
or in response to the request or inquiry of such Member or 
committee; or 
(2) removes, suspends from duty without pay, demotes, 
reduces in rank, seniority, status, pay, or performance of effi-
ciency rating, denies promotion to, relocates, reassigns, trans-
fers, disciplines, or discriminates in regard to any employment 
right, entitlement, or benefit, or any term or condition of 
employment of, any officer or employee of the United States 
Postal Service, or attempts or threatens to commit any of 
the foregoing actions with respect to such officer or employee, 
by reason of any communication or contact of such officer 
or employee with any Member or committee of Congress as 
described in paragraph (1). 
SEC. 508. The Office of Personnel Management may, during 
the fiscal year ending September 30, 1997, accept donations of 
supplies, services, land, and equipment for the Federal Executive 
Institute and Management Development Centers to assist in 
enhancing the quality of Federal management. 
18 use 3056 
SEC. 509. The United States Secret Service may, during the 
iiote. 
fiscal year ending September 30, 1997, and hereafter, accept dona-
tions of money to off-set costs incurred while protecting former 
Presidents and spouses of former Presidents when the former Presi-
dent or spouse travels for the purpose of making an appearance 
or speech for a payment of money or any thing of value. 
SEC. 510. No part of any appropriation contained in this Act 
shall be available to pay the salary for any person filling a position, 
other than a temporary position, formerly held by an employee 
who has left to enter the Armed Forces of the United States and 
has satisfactorily completed his period of active military or naval 
service and has within 90 days after his release from such service 
or from hospitalization continuing after discharge for a period of 
not more than 1 year made application for restoration to his former 
position and has been certified by the Office of Personnel Manage-
ment as still qualified to perform the duties of his former position 
and has not been restored thereto. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-346 
SEC. 511. None of the funds made available in this Act may 
be used to provide any non-public information such as mailing 
or telephone lists to any person or any organization outside of 
the Federal Government without the approval of the House and 
Senate Committees on Appropriations. 
SEC. 512. No funds appropriated pursuant to this Act may 
be expended by an entity unless the entity agrees that in expending 
the assistance the entity will comply with sections 2 through 4 
of the Act of March 3, 1933 (41 U.S.C. lOa-lOc, popularly known 
as the "Buy American Act"). 
SEC. 
513. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND 
PRODUCTS.—In the case of any equipment or products that may 
be authorized to be purchased with financial assistance provided 
under this Act, it is the sense of the Congress that entities receiving 
such assistance should, in expending the assistance, purchase only 
American-made equipment and products. 
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing finan-
cial assistance under this Act, the Secretary of the Treasury shall 
provide to each recipient of the assistance a notice describing the 
statement made in subsection (a) by the Congress. 
SEC. 514. If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing a 
"Made in America" inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States 
that is not made in the United States, such person shall be ineligible 
to receive any contract or subcontract made with funds provided 
pursuant to this Act, pursuant to the debarment, suspension, and 
ineligibility procedures described in sections 9.400 through 9.409 
of title 48, Code of Federal Regulations. 
SEC. 515. Except as otherwise specifically provided by law, 
not to exceed 50 percent of unobligated balances remaining available 
at the end of fiscal year 1997 from appropriations made available 
for salaries and expenses for fiscal year 1997 in this Act, shall 
remain available through September 30, 1998, for each such account 
for the purposes authorized: Provided, That a request shall be 
submitted to the House and Senate Committees on Appropriations 
for approval prior to the expenditure of such funds. 
SEC. 516. Where appropriations in this Act are expendable 
for travel expenses of employees and no specific limitation has 
been placed thereon, the expenditures for such travel expenses 
may not exceed the amount set forth in the budget estimates 
submitted for appropriations without the advance approval of the 
House and Senate Committees on Appropriations: Provided, That 
this section shall not apply to travel performed by uncompensated 
officials of local boards and appeal boards in the Selective Service 
System; to travel performed directly in connection with care and 
treatment of medical beneficiaries of the Department of Veterans 
Affairs; to travel of the Office of Personnel Management in carrying 
out its observation responsibilities of the Voting Rights Act; or 
to payments to interagency motor pools separately set forth in 
the budget schedules: Provided further. That this provision does 
not apply to accounts that do not contain an object identification 
for travel. 
SEC. 517. Notwithstanding any other provision of law or regula- 
31 USC 5141 
tion during the fiscal year ending September 30, 1997, and there- °ote. 
after: 
110 STAT. 3009-347 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(1) The authority of the special poUce officers of the Bureau 
of Engraving and Printing, in the Washington, DC MetropoUtan 
area, extends to buildings and land under the custody and 
control of the Bureau; to buildings and land acquired by or 
for the Bureau through lease, unless otherwise provided by 
the acquisition agency; to the streets, sidewalks and open areas 
immediately adjacent to the Bureau along Wallenberg Place 
(15th Street) and 14th Street between Independence and Maine 
Avenues and C and D Streets between 12th and 14th Streets; 
to areas which include surrounding parking facilities used by 
Bureau employees, including the lots at 12th and C Streets, 
SW, Maine Avenue and Water Streets, SW, Maiden Lane, the 
Tidal Basin and East Potomac Park; to the protection in transit 
of United States securities, plates and dies used in the produc-
tion of United States securities, or other products or implements 
of the Bureau of Engraving and Printing which the Director 
of that agency so designates. 
(2) The authority of the special police officers of the United 
States Mint extends to the buildings and land under the custody 
and control of the Mint; to the streets, sidewalks and open 
areas in the vicinity to such facilities; to surrounding parking 
facilities used by Mint employees; and to the protection in 
transit of bullion, coins, dies, and other property and assets 
of, or in the custody of, the Mint. 
(3) The exercise of police authority by Bureau or Mint 
officers, with the exception of the exercise of authority upon 
property under the custody and control of the Bureau or the 
Mint, respectively, shall be deemed supplementary to the Fed-
eral police force with primary jurisdictional responsibility. This 
authority shall be in addition to any other law enforcement 
authority which has been provided to these officers under other 
provisions of law or regulations. 
SEC. 518. No funds appropriated by this Act shall be available 
to pay for an abortion, or the administrative expenses in connection 
with any health plan under the Federal employees health benefit 
program which provides any benefits or coverage for abortions. 
SEC. 519. The provision of section 518 shall not apply where 
the life of the mother would be endangered if the fetus were carried 
to term, or the pregnancy is the result of an act of rape or incest. 
SEC. 520. No part of any appropriation made available in this 
Act shall be used to implement Bureau of Alcohol, Tobacco and 
Firearms Ruling TD ATF-360; Re: Notice Nos. 782, 780, 91F009P. 
SEC. 521. Notwithstanding title 5, United States Code, Personal 
Service Contractors (PSC) employed by the Department of the 
Treasury shall be considered as Federal Government employees 
for purposes of making available Federal employee health and 
life insurance. 
SEC. 522. Section 5131 of title 31, United States Code, is 
amended by striking subsection (c); and by redesignating subsection 
(d) as subsection (c). 
SEC. 523. Section 5112(i)(4) of title 31, United States Code, 
is amended by adding at the end the following new subparagraph: 
"(C) The Secretary may continue to mint and issue coins in 
accordance with the specifications contained in paragraphs (7), (8), 
(9), and (10) of subsection (a) and paragraph (1)(A) of this subsection 
at the same time the Secretary in minting and issuing other bullion 
and proof gold coins under this subsection in accordance with such 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-348 
program procedures and coin specifications, designs, varieties, quan-
tities, denominations, and inscriptions as the Secretary, in the 
Secretary's discretion, may prescribe from time to time.": Provided, 
That profits generated from the sale of gold to the United States 
31USC 5112 
Mint for this program shall be considered as a receipt to be depos- note. 
ited into the General Fund of the Treasury. 
SEC. 524. Section 5112 of title 31, United States Code, is 
amended by adding at the end the following new subsection: 
"(k) The Secretary may mint and issue bullion and proof plati-
num coins in accordance with such specifications, designs, varieties, 
quantities, denominations, and inscriptions as the Secretary, in 
the Secretary's discretion, may prescribe from time to time.": Pro-
vided, That the Secretary is authorized to use Government platinum 
31 USC 5112 
reserves stockpiled at the United States Mint as working inventory note. 
and shall ensure that reserves utilized are replaced by the Mint. 
SEC. 
526. 
(a) REIMBURSEMENT OF CERTAIN ATTORNEY FEES 
AND COSTS.— 
(1) IN GENERAL.—The Secretary of the Treasury shall pay 
from amounts appropriated in title I of this Act under the 
heading, "Departmental Offices, Salaries and Expenses", up 
to $500,000 to reimburse former employees of the White House 
Travel Office whose employment in that Office was terminated 
on May 19, 1993, for any attorney fees and costs they incurred 
with respect to that termination. 
(2) VERIFICATION REQUIRED.—The Secretary shall pay an 
individual in full under paragraph (1) upon submission by 
the individual of documentation verifying the attorney fees 
and costs. 
(3) No INFERENCE OF LIABILITY.—Liability of the United 
States shall not be inferred from enactment of or payment 
under this subsection. 
(b) LIMITATION ON FILING OF CLAIMS.—The Secretary of 
the 
Treasury shall not pay any claim filed under this section that 
is filed later than 120 days after the date of the enactment of 
this Act. 
(c) LIMITATION.—Pajonents under subsection (a) shall not 
include attorney fees or costs incurred with respect to any Congres-
sional hearing or investigation into the termination of emplo3mient 
of the former employees of the White House Travel Office. 
(d) REDUCTION.—The amount paid pursuant to this section 
to an individual for attorney fees and costs described in subsection 
(a) shall be reduced by any amount received before the date of 
the enactment of this Act, without obligation for repayment by 
the individual, for pa3anent of such attorney fees and costs (includ-
ing any amount received from the funds appropriated, for the 
individual in the matter relating to the "Office of the General 
Counsel" under the heading "Office of the Secretary" in title I 
of the Department of Transportation and Related Agencies Appro-
priations Act, 1994). 
(e) PAYMENT IN FULL SETTLEMENT OF CLAIMS AGAINST THE 
UNITED STATES.—Payment under this section, when accepted by 
an individual described in subsection (a), shall be in full satisfaction 
of all claims of, or on behalf of, the individual against the United 
States that arose out of the termination of the White House Travel 
Office employment of that individual on May 19, 1993. 
SEC. 527. None of the funds made available in this Act may 
be used by the Executive Office of the President to request from 
110 STAT. 3009-349 
PUBLIC LAW 104-208—SEPT. 30, 1996 
the Federal Bureau of Investigation any official background inves-
tigation report on any individual, except when it is made known 
to the Federal official having authority to obligate or expend such 
funds that— 
(1) such individual has given his or her express written 
consent for such request not more than 6 months prior to 
the date of such request and during the same presidential 
administration; or 
(2) such request is required due to extraordinary cir-
cumstances involving national security. 
SEC. 528. (a) CLOSING OF ALLEY.—^The alley bisecting the prop-
erty on which a facility is being constructed for use by the United 
States Government at 930 H Street, N.W., Washington, District 
of Columbia, is closed to the public, without regard to any contin-
gencies. 
(b) JURISDICTION.—The Administrator of General Services shall 
have administrative jurisdiction over, and shall hold title on behalf 
of the United States in, the alley, property, and facility referred 
to in subsection (a). 
SEC. 529. (a) COMMEMORATIVE COIN PROGRAM RESTRICTIONS.— 
Section 5112 of title 31, United States Code, as amended by sections 
524 and 530 of this Act, is amended by adding at the end the 
following new subsection: 
"(m) COMMEMORATIVE COIN PROGRAM RESTRICTIONS.— 
"(1) MAXIMUM NUMBER.—Beginning January 1, 1999, 
the 
Secretary may mint and issue commemorative coins under this 
section during any calendar year with respect to not more 
than 2 commemorative coin programs. 
"(2) MINTAGE LEVELS.— 
"(A) IN GENERAL.—Except as provided in subparagraph 
(B), in carrying out any commemorative coin program, the 
Secretary shall mint— 
"(i) not more than 750,000 clad half-dollar coins; 
"(ii) not more than 500,000 silver one-dollar coins; 
and 
"(iii) not more than 100,000 gold five-dollar or 
ten-dollar coins. 
"(B) EXCEPTION.—If the Secretary determines, based 
on independent, market-based research conducted by a des-
ignated recipient organization of a commemorative coin 
program, that the mintage levels described in subparagraph 
(A) are not adequate to meet public demand for that 
commemorative coin, the Secretary may waive one or more 
of the requirements of subparagraph (A) with respect to 
that commemorative coin program. 
"(C) DESIGNATED RECIPIENT ORGANIZATION DEFINED.— 
For purposes of this paragraph, the term 'designated recipi-
ent organization' means any organization designated, under 
any provision of law, as the recipient of any surcharge 
imposed on the sale of any numismatic item.", 
(b) RECOVERY OF MINT EXPENSES REQUIRED BEFORE PAYMENT 
OF SURCHARGES TO ANY RECIPIENT ORGANIZATION.— 
(1) CLARIFICATION OF LAW RELATING TO DEPOSIT OF SUR-
CHARGES IN THE NUMISMATIC PUBLIC ENTERPRISE FUND.—Sec-
tion 5134(c)(2) of title 31, United States Code, is amended 
by inserting ", including amounts attributable to any surcharge 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-350 
imposed with respect to the sale of any numismatic item" 
before the period. 
(2) CONDITIONS ON PAYMENT OF SURCHARGES TO RECIPIENT 
ORGANIZATIONS.—Section 5134 of title 31, United States Code, 
is amended by adding at the end the following new subsection: 
"(f) CONDITIONS ON PAYMENT OF SURCHARGES TO RECIPIENT 
ORGANIZATIONS.— 
"(1) PAYMENT OF SURCHARGES.—Notwithstanding any other 
provision of law, no amount derived from the proceeds of any 
surcharge imposed on the sale of any numismatic item shall 
be paid from the fund to any designated recipient organization 
unless— 
"(A) all numismatic operation and program costs alloca-
ble to the program under which such numismatic item 
is produced and sold have been recovered; and 
"(B) the designated recipient organization submits an 
audited financial statement that demonstrates to the satis-
faction of the Secretary of the Treasury that, with respect 
to all projects or purposes for which the proceeds of such 
surcharge may be used, the organization has raised funds 
from private sources for such projects and purposes in 
an amount that is equal to or greater than the maximum 
amount the organization may receive from the proceeds 
of such surcharge. 
"(2) ANNUAL AUDITS.— 
"(A) ANNUAL AUDITS OF RECIPIENTS REQUIRED.—Each 
designated recipient organization that receives any pay-
ment from the fund of any amount derived from the pro-
ceeds of any surcharge imposed on the sale of any numis-
matic item shall provide, as a condition for receiving any 
such amount, for an annual audit, in accordance with gen-
erally accepted government auditing standards by an 
independent public accountant selected by the organization, 
of all such payments to the organization beginning in the 
first fiscal year of the organization in which any such 
amount is received and continuing until all amounts 
received by such organization from the fund with respect 
to such surcharges are fully expended or placed in trust. 
"(B) MINIMUM REQUIREMENTS FOR ANNUAL AUDITS.— 
At a minimum, each audit of a designated recipient 
organization pursuant to subparagraph (A) shall report— 
"(i) the amount of payments received by the des-
ignated recipient organization from the fund during 
the fiscal year of the organization for which the audit 
is conducted that are derived from the proceeds of 
any surcharge imposed on the sale of any numismatic 
item; 
"(ii) the amount expended by the designated recipi-
ent organization from the proceeds of such surcharges 
during the fiscal year of the organization for which 
the audit is conducted; and 
"(iii) whether all expenditures by the designated 
recipient organization during the fiscal year of the 
organization for which the audit is conducted from 
the proceeds of such surcharges were for authorized 
purposes. 
29-194 O - 96 - 17: QL 3 Part 4 
110 STAT. 3009-351 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(C) RESPONSIBILITY OF ORGANIZATION TO ACCOUNT FOR 
EXPENDITURES OF SURCHARGES.—^Each designated recipient 
organization that receives any payment from the fund of 
any amount derived from the proceeds of any surcharge 
imposed on the sale of any numismatic item shall take 
appropriate steps, as a condition for receiving any such 
payment, to ensure that the receipt of the payment and 
the expenditure of the proceeds of such surcharge by the 
organization in each fiscal year of the organization can 
be accounted for separately from all other revenues and 
expenditures of the organization. 
"(D) SUBMISSION OF AUDIT REPORT.—Not later than 
90 days after the end of any fiscal year of a designated 
recipient organization for which an audit is required under 
subparagraph (A), the organization shall— 
"(i) submit a copy of the report to the Secretary 
of the Treasury; and 
"(ii) make a copy of the report available to the 
public. 
"(E) USE OF SURCHARGES FOR AUDITS.—^Any designated 
recipient organization that receives any payment from the 
fund of any amount derived from the proceeds of any 
surcharge imposed on the sale of any numismatic item 
may use the amount received to pay the cost of an audit 
\ 
required under subparagraph (A). 
"(F) WAIVER OF PARAGRAPH.—The Secretary of 
the 
Treasury may waive the application of any subparagraph 
of this paragraph to any designated recipient organization 
for any fiscal year after taking into account the amount 
of surcharges that such organization received or expended 
during such year. 
"(G) NONAPPLICABILITY TO FEDERAL ENTITIES.—This 
paragraph shall not apply to any Federal agency or depart-
ment or any independent establishment in the executive 
branch that receives any payment from the fund of any 
amount derived from the proceeds of any surcharge 
imposed on the sale of any numismatic item. 
"(H) 
AVAILABILITY 
OF 
BOOKS 
AND 
RECORDS.—An 
organization that receives any payment from the fund of 
any amount derived from the proceeds of any surcharge 
imposed on the sale of any numismatic item shall provide, 
as a condition for receiving any such payment, to the 
Inspector General of the Department of the Treasury or 
the Comptroller General of the United States, upon the 
request of such Inspector General or the Comptroller Gen-
eral, all books, records, and work papers belonging to or 
used by the organization, or by any independent public 
accountant who audited the organization in accordance 
with subparagraph (A), which may relate to the receipt 
or expenditure of any such amount by the organization. 
"(3) 
USE 
OF 
AGENTS 
OR 
ATTORNEYS 
TO 
INFLUENCE 
COMMEMORATIVE COIN LEGISLATION.—No portion of any pay-
ment from the fund to any designated recipient organization 
of any amount derived from the proceeds of any surcharge 
imposed on the sale of any numismatic item may be used, 
directly or indirectly, by the organization to compensate any 
agent or attorney for services rendered to support or influence 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-352 
in any way legislative action of the Congress relating to such 
numismatic item. 
"(4) DESIGNATED RECIPIENT ORGANIZATION DEFINED.—For 
purposes of this subsection, the term 'designated recipient 
organization' means any organization designated, under any 
provision of law, as the recipient of any surcharge imposed 
on the sale of any numismatic item.". 
(3) SCOPE OF APPLICATION.—The amendments made by this 31USC 5134 
section shall apply with respect to the proceeds of any surcharge °ote. 
imposed on the sale of any numismatic item that are deposited 
in the Numismatic Public Enterprise Fund after the date of 
the enactment of this Act. 
(4) REPEAL OF EXISTING RECIPIENT REPORT REQUIREMENT.— 
Section 303 of Public Law 103-186 (31 U.S.C. 5112 note) is 
repealed. 
(c) QUARTERLY FINANCIAL REPORTS.—Section 5134 of title 31, 
United States Code, is amended by adding at the end the following 
new subsection: 
"(g) QUARTERLY FINANCIAL REPORTS.— 
"(1) IN GENERAL.—Not later than the 30th day of each 
month following each calendar quarter through and including 
the final period of sales with respect to any commemorative 
coin program authorized on or after the date of enactment 
of the Treasury, Postal Service, and General Government 
Appropriations Act, 1997, the Mint shall submit to the Congress 
a quarterly financial report in accordance with this subsection. 
"(2) REQUIREMENTS.—Each report submitted under para-
graph (1) shall include, with respect to the calendar quarter 
at issue— 
"(A) a detailed financial statement, prepared in accord-
ance with generally accepted accounting principles, that 
includes financial information specific to that quarter, as 
well as cumulative financial information relating to the 
entire program; 
"(B) a detailed accounting of— 
"(i) all costs relating to marketing efforts; 
"(ii) all funds projected for marketing use; 
"(iii) all costs for employee travel relating to the 
promotion of commemorative coin programs; 
"(iv) all numismatic items minted, sold, not sold, 
and rejected during the production process; and 
"(v) the costs of melting down all rejected and 
unsold products; 
"(C) adequate market-based research for all commemo-
rative coin programs; and 
"(D) a description of the efforts of the Mint in keeping 
the sale price of numismatic items as low as practicable.". 
(d) CITIZENS COMMEMORATIVE COIN ADVISORY COMMITTEE.— 
(1) FIXED TERMS FOR MEMBERS.—Section 5135(a)(4) of title 
31, United States Code, is amended to read as follows: 
"(4) TERMS.—Each member appointed under clause (i) or 
(iii) of paragraph (3)(A) shall be appointed for a term of 4 
years.". 
(2) CHAIRPERSON.—Section 5135(a) of title 31, United 
States Code, is amended by adding at the end the following 
new paragraph: 
"(7) CHAIRPERSON.— 
110 STAT. 3009-353 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(A) IN GENERAL.—Subject to subparagraph (B), the 
Chairperson of the Advisory Committee shall be elected 
by the members of the Advisory Committee from among 
such members. 
"(B) EXCEPTION.—The member appointed pursuant to 
paragraph (3)(A)(ii) (or the alternate to that member) may 
not serve as the Chairperson of the Advisory Committee, 
beginning on June 1, 1999.". 
31 use 5112 
(e) EFFECTIVE DATE.—^This section and the amendments made 
^^^- 
by this section shall take effect on the date of enactment of this 
Act. 
TITLE VI—GENERAL PROVISIONS 
DEPARTMENTS, AGENCIES, AND CORPORATIONS 
SECTION 601. Funds appropriated in this or any other Act 
may be used to pay travel to the United States for the immediate 
family of employees serving abroad in cases of death or life threaten-
ing illness of said employee. 
SEC. 602. No department, agency, or instrumentality of the 
United States receiving appropriated funds under this or any other 
Act for fiscal year 1997 shall obligate or expend any such funds, 
unless such department, agency, or instrumentality has in place, 
and will continue to administer in good faith, a written policy 
designed to ensure that all of its workplaces are free from the 
illegal use, possession, or distribution of controlled substances (as 
defined in the Controlled Substances Act) by the officers and 
employees of such department, agency, or instrumentality. 
SEC. 603. Notwithstanding 31 U.S.C. 1345, any agency, depart-
ment or instrumentality of the United States which provides or 
proposes to provide child care services for Federal employees may 
reimburse any Federal employee or any person employed to provide 
such services for travel, transportation, and subsistence expenses 
incurred for training classes, conferences or other meetings in 
connection with the provision of such services: Provided, That any 
per diem allowance made pursuant to this section shall not exceed 
the rate specified in regulations prescribed pursuant to section 
5707 of title 5, United States Code. 
31 use 1343 
SEC. 604. Unless otherwise specifically provided, the maximum 
Jiote- 
amount allowable during the current fiscal year in accordance with 
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the 
purchase of any passenger motor vehicle (exclusive of buses, ambu-
lances, law enforcement, and undercover surveillance vehicles), is 
hereby fixed at $8,100 except station wagons for which the maxi-
mum shall be $9,100: Provided, That these limits may be exceeded 
by not to exceed $3,700 for police-type vehicles, and by not to 
exceed $4,000 for special heavy-duty vehicles: Provided 
further, 
That the limits set forth in this section may not be exceeded 
by more than 5 percent for electric or hybrid vehicles purchased 
for demonstration under the provisions of the Electric and Hybrid 
Vehicle Research, Development, and Demonstration Act of 1976: 
Provided further. That the limits set forth in this section may 
be exceeded by the incremental cost of clean alternative fuels 
vehicles acquired pursuant to Public Law 101-549 over the cost 
of comparable conventionally fueled vehicles. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-354 
SEC. 605. Appropriations of the executive departments and 
independent establishments for the current fiscal year available 
for expenses of travel or for the expenses of the activity concerned, 
are hereby made available for quarters allowances and cost-of-
living allowances, in accordance with 5 U.S.C. 5922-24. 
SEC. 606. Unless otherwise specified during the current fiscal 
5 USC 3101 note, 
year, no part of any appropriation contained in this or any other 
Act shall be used to pay the compensation of any officer or employee 
of the Government of the United States (including any agency 
the majority of the stock of which is owned by the Government 
of the United States) whose post of duty is in the continental 
United States unless such person (1) is a citizen of the United 
States, (2) is a person in the service of the United States on 
the date of enactment of this Act who, being eligible for citizenship, 
has filed a declaration of intention to become a citizen of the 
United States prior to such date and is actually residing in the 
United States, (3) is a person who owes allegiance to the United 
States, (4) is an alien from Cuba, Poland, South Vietnam, the 
countries of the former Soviet Union, or the Baltic countries lawfully 
admitted to the United States for permanent residence, (5) is a 
South Vietnamese, Cambodian, or Laotian refugee paroled in the 
United States after January 1, 1975, or (6) is a national of the 
People's Republic of China who qualifys for adjustment of status 
pursuant to the Chinese Student Protection Act of 1992: Provided, 
That for the purpose of this section, an affidavit signed by any 
such person shall be considered prima facie evidence that the 
requirements of this section with respect to his or her status have 
been complied with: Provided further, That any person making 
a false affidavit shall be guilty of a felony, and, upon conviction, 
shall be fined no more than $4,000 or imprisoned for not more 
than 1 year, or both: Provided further. That the above penal clause 
shall be in addition to, and not in substitution for, any other 
provisions of existing law: Provided further, That any payment 
made to any officer or employee contrary to the provisions of this 
section shall be recoverable in action by the Federal Government. 
This section shall not apply to citizens of Ireland, Israel, or the 
Republic of the Philippines, or to nationals of those countries allied 
with the United States in the current defense effort, or to inter-
national broadcasters employed by the United States Information 
Agency, or to temporary employment of translators, or to temporary 
employment in the field service (not to exceed 60 days) as a result 
of emergencies. 
SEC. 607. Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for pay-
ment to the General Services Administration for charges for space 
and services and those expenses of renovation and alteration of 
buildings and facilities which constitute public improvements per-
formed in accordance with the Public Buildings Act of 1959 (73 
Stat. 749), the Public Buildings Amendments of 1972 (87 Stat. 
216), or other applicable law. 
SEC. 608. In addition to funds provided in this or any other 
Act, all Federal agencies are authorized to receive and use funds 
resulting from the sale of materials, including Federal records dis-
posed of pursuant to a records schedule recovered through recycling 
or waste prevention programs. Such funds shall be available until 
expended for the following purposes: 
110 STAT. 3009-355 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(1) Acquisition, waste reduction and prevention, and 
recycling programs as described in Executive Order 12873 
(October 20, 1993), including any such programs adopted prior 
to the effective date of the Executive Order. 
(2) Other Federal agency environmental management pro-
grams, including, but not limited to, the development and 
implementation of hazardous waste management and pollution 
prevention programs. 
(3) Other employee programs as authorized by law or as 
deemed appropriate by the head of the Federal agency. 
SEC. 609. Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corpora-
tions and agencies subject to chapter 91 of title 31, United States 
Code, shall be available, in addition to objects for which such 
funds are otherwise available, for rent in the District of Columbia; 
services in accordance with 5 U.S.C. 3109; and the objects specified 
under this head, all the provisions of which shall be applicable 
to the expenditure of such funds unless otherwise specified in 
the Act by which they are made available: Provided, That in the 
event any functions budgeted as administrative expenses are subse-
quently transferred to or paid from other funds, the limitations 
on administrative expenses shall be correspondingly reduced. 
SEC. 610. No part of any appropriation for the current fiscal 
year contained in this or £iny other Act shall be paid to any person 
for the filling of any position for which he or she has been nominated 
after the Senate has voted not to approve the nomination of said 
person. 
40 use 486a 
SEC. 611. For the fiscal year ending September 30, 1997, and 
thereafter, any department or agency to which the Administrator 
of General Services has delegated the authority to operate, maintain 
or repair any building or facility pursuant to section 205(d) of 
the Federal Property and Administrative Services Act of 1949, 
as amended, shall retain that portion of the GSA rental payment 
available for operation, maintenance or repair of the building or 
facility, as determined by the Administrator, and expend such funds 
directly for the operation, maintenance or repair of the building 
or facility. Any funds retained under this section shall remain 
available until expended for such purposes. 
SEC. 612. (a) IN GENERAL.—Section 1306 of title 31, United 
States Code, is amended to read as follows: 
*
*
§ 1306. Use of foreign credits 
"(a) IN GENERAL.—^Foreign credits (including currencies) owed 
to or owned by the United States may be used by any agency 
for any purpose for which appropriations are made for the agency 
for the current fiscal year (including the carr3dng out of Acts requir-
ing or authorizing the use of such credits), but only when reimburse-
ment therefor is made to the Treasury from applicable appropria-
tions of the agency. 
"(b) 
EXCEPTION TO REIMBURSEMENT REQUIREMENT.—Credits 
described in subsection (a) that are received as exchanged allow-
ances, or as the proceeds of the sale of personal property, may 
be used in whole or partial pajonent for the acquisition of similar 
items, to the extent and in the manner authorized by law, without 
reimbursement to the Treasury.". 
PUBLIC LAW 104-20&—SEPT. 30, 1996 
110 STAT. 3009-356 
(b) APPLICABILITY.—^The amendment made by this section shall 31USC 1306 
take effect on the date of the enactment of this Act and shall Jio^. 
apply thereafter. 
SEC. 613. No part of any appropriation contained in this or 
any other Act shall be available for interagency financing of 
boards(except Federal Executive Boards), commissions, councils, 
committees, or similar groups (whether or not they are interagency 
entities) which do not have a prior and specific statutory approval 
to receive financial support from more than one agency or 
instrumentality. 
SEC. 614. Funds made available by this or any other Act to 
the "Postal Service Fund" (39 U.S.C. 2003) shall be available for 
employment of guards for all buildings and areas owned or occupied 
by the Postal Service and under the charge and control of the 
Postal Service, and such guards shall have, with respect to such 
property, the powers of special policemen provided by the first 
section of the Act of June 1, 1948, as amended (62 Stat. 281; 
40 U.S.C. 318), and, as to property owned or occupied by the 
Postal Service, the Postmaster General may take the same actions 
as the Administrator of General Services may take under the provi-
sions of sections 2 and 3 of the Act of June 1, 1948, as amended 
(62 Stat. 281; 40 U.S.C. 318a, 318b), attaching thereto penal con-
sequences under the authority and within the limits provided in 
section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 
40 U.S.C. 318c). 
SEC. 615. None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which has been disapproved pursuant to 
a resolution of disapproval duly adopted in accordance with the 
applicable law of the United States. 
SEC. 616. (a) Notwithstanding any other provision of law, and 5 USC 5343. 
except as otherwise provided in this section, no part of any of 
the funds appropriated for the fiscal year ending on September 
30, 1997, by this or any other Act, may be used to pay £iny prevailing 
rate employee described in section 5342(a)(2)(A) of title 5, United 
States Code— 
(1) during the period from the date of expiration of the 
limitation imposed by section 616 of the Treasury, Postal Serv-
ice and Greneral Government Appropriations Act, 1996, until 
the normal effective date of the applicable wage survey adjust-
ment that is to take effect in fiscal year 1997, in an amount 
that exceeds the rate payable for the applicable grade and 
step of the applicable wage schedule in accordance with such 
section 616; and 
(2) during the period consisting of the remainder of fiscal 
year 1997, in an amount that exceeds, as a result of a wage 
survey adjustment, the rate payable under paragraph (1) by 
more than the sum of— 
(A) the percentage adjustment taking effect in fiscal 
year 1997 under section 5303 of title 5, United States 
Code, in the rates of pay under the Greneral Schedule; 
and 
(B) the difference between the overall average percent-
age of the locality-based comparability pa3rments taking 
effect in fiscal year 1997 under section 5304 of such title 
110 STAT. 3009-357 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(whether by adjustment or otherwise), and the overall aver-
age percentage of such payments which was effective in 
fiscal year 1996 under such section. 
(b) Notwithstanding any other provision of law, no prevailing 
rate employee described in subparagraph (B) or (C) of section 
5342(a)(2) of title 5, United States Code, and no employee covered 
by section 5348 of such title, may be paid during the periods 
for which subsection (a) is in effect at a rate that exceeds the 
rates that would be payable under subsection (a) were subsection 
(a) applicable to such employee. 
(c) For the purposes of this section, the rates payable to an 
employee who is covered by this section and who is paid from 
a schedule not in existence on September 30, 1996, shall be deter-
mined under regulations prescribed by the Office of Personnel 
Management. 
(d) Notwithstanding any other provision of law, rates of pre-
mium pay for employees subject to this section may not be changed 
from the rates in effect on September 30, 1996, except to the 
extent determined by the Office of Personnel Management to be 
consistent with the purpose of this section. 
(e) This section shall apply with respect to pay for service 
performed after September 30, 1996. 
(f) For the purpose of administering any provision of law 
(including section 8431 of title 5, United States Code, and any 
rule or regulation that provides premium pay, retirement, life insur-
ance, or any other employee benefit) that requires any deduction 
or contribution, or that imposes any requirement or limitation on 
the basis of a rate of salary or basic pay, the rate of salary or 
basic pay payable after the application of this section shall be 
treated as the rate of salary or basic pay. 
(g) Nothing in this section shall be considered to permit or 
require the pa5anent to any employee covered by this section at 
a rate in excess of the rate that would be payable were this section 
not in effect. 
(h) The Office of Personnel Management may provide for excep-
tions to the limitations imposed by this section if the Office deter-
mines that such exceptions are necessary to ensure the recruitment 
or retention of qualified employees. 
SEC. 617. During the period in which the head of any depart-
ment or agency, or any other officer or civilian employee of the 
Government appointed by the President of the United States, holds 
office, no funds may be obligated or expended in excess of $5,000 
to furnish or redecorate the office of such department head, agency 
head, officer or employee, or to purchase furniture or make improve-
ments for any such office, unless advance notice of such furnishing 
or redecoration is expressly approved by the Committees on Appro-
priations of the House and Senate. For the purposes of this section, 
the word "office" shall include the entire suite of offices assigned 
to the individual, as well as any other space used primarily by 
the individual or the use of which is directly controlled by the 
individual. 
SEC. 618. Notwithstanding any other provision of law, no execu-
tive branch agency shall purchase, construct, and/or lease any addi-
tional facilities, except within or contiguous to existing locations, 
to be used for the purpose of conducting Federal law enforcement 
training without the advance approval of the House and Senate 
Committees on Appropriations. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-358 
SEC. 619. Notwithstanding section 1346 of title 31, United 
States Code, or section 613 of this Act, funds made available for 
fiscal year 1997 by this or any other Act shall be available for 
the interagency funding of national security and emergency 
preparedness telecommunications initiatives which benefit multiple 
Federal departments, agencies, or entities, as provided by Executive 
Order Numbered 12472 (April 3, 1984). 
SEC. 620. (a) None of the funds appropriated by this or any 
other Act may be obligated or expended by any Federal department, 
agency, or other instrumentality for the salaries or expenses of 
any employee appointed to a position of a confidential or policy-
determining character excepted from the competitive service pursu-
ant to section 3302 of title 5, United States Code, without a certifi-
cation to the Office of Personnel Management from the head of 
the Federal department, agency, or other instrumentality employing 
the Schedule C appointee that the Schedule C position was not 
created solely or primarily in order to detail the employee to the 
White House. 
(b) The provisions of this section shall not apply to Federal 
employees or members of the armed services detailed to or from— 
(1) the Central Intelligence Agency; 
(2) the National Security Agency; 
(3) the Defense Intelligence Agency; 
(4) the offices within the Department of Defense for the 
collection of specialized national foreign intelligence through 
reconnaissance programs; 
(5) the Bureau of Intelligence and Research of the Depart-
ment of State; 
(6) any agency, office, or unit of the Army, Navy, Air 
Force, and Marine Corps, the Federal Bureau of Investigation 
and the Drug Enforcement Administration of the Department 
of Justice, the Department of Transportation, the Department 
of the Treasury, and the Department of Energy performing 
intelligence functions; and 
(7) the Director of Central Intelligence. 
SEC. 621. No department, agency, or instrumentality of the 
United States receiving appropriated funds under this or any other 
Act for fiscal year 1997 shall obligate or expend any such funds, 
unless such department, agency or instrumentality has in place, 
and will continue to administer in good faith, a written policy 
designed to ensure that all of its workplaces are free from discrimi-
nation and sexual harassment and that all of its workplaces are 
not in violation of title VII of the Civil Rights Act of 1964, as 
amended, the Age Discrimination in Emplo)nnent Act of 1967, and 
the Rehabilitation Act of 1973. 
SEC. 622. No part of any appropriation contained in this Act 
may be used to pay for the expenses of travel of employees, including 
employees of the Executive Office of the President, not directly 
_ 
responsible for the discharge of official governmental tasks and 
duties: Provided, That this restriction shall not apply to the family 
of the President, Members of Congress or their spouses. Heads 
of State of a foreign country or their designees, persons providing 
assistance to the President for official purposes, or other individuals 
so designated by the President. 
SEC. 623. Notwithstanding any provision of law, the President, 
5 USC 7301 note, 
or his designee, must certify to Congress, annually, that no person 
or persons with direct or indirect responsibility for administering 
110 STAT. 3009-359 
PUBLIC LAW 104-208—SEPT. 30, 1996 
the Executive Office of the President's Drug-Free Workplace Plan 
are themselves subject to a program of individual random drug 
testing. 
SEC. 624. (a) None of the funds made available in this Act 
or any other Act may be obligated or expended for any employee 
training when it is made known to the Federal official having 
authority to obligate or expend such funds that such employee 
training— 
(1) does not meet identified needs for knowledge, skills, 
and abilities bearing directly upon the performance of official 
duties; 
(2) contains elements likely to induce high levels of emo-
tional response or psychological stress in some participants; 
(3) does not require prior employee notification of the con-
tent and methods to be used in the training and written end 
of course evaluation; 
(4) contains any methods or content associated with reli-
gious or quasi-religious belief systems or "new age" belief sys-
tems as defined in Equal Employment Opportunity Commission 
Notice N-915.022, dated September 2, 1988; 
(5) is offensive to, or designed to change, participants' 
personal values or lifestyle outside the workplace; or 
(6) includes content related to human immunodeficiency 
virus/acquired immune deficiency syndrome (HIV/AIDS) other 
than that necessary to make employees more aware of the 
medical ramifications of HIV/AIDS and the workplace rights 
of HIV-positive employees. 
(b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon 
the performance of official duties. 
SEC. 625. No funds appropriated in this or any other Act 
for fiscal year 1997 may be used to implement or enforce the 
agreements in Standard Forms 312 and 4355 of the Government 
or any other nondisclosure policy, form, or agreement if such policy, 
form, or agreement does not contain the following provisions: "These 
restrictions are consistent with and do not supersede, conflict with, 
or otherwise alter the employee obligations, rights, or liabilities 
created by Executive Order 12356; section 7211 of title 5, United 
States Code (governing disclosures to Congress); section 1034 of 
title 10, United States Code, as amended by the Military Whistle-
blower Protection Act (governing disclosure to Congress by members 
of the military); section 2302(b)(8) of title 5, United States Code, 
as amended by the Whistleblower Protection Act (governing disclo-
sures of illegality, waste, fraud, abuse or public health or safety 
threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 
421 et seq.) (governing disclosures that could expose confidential 
Government agents); and the statutes which protect against disclo-
sure that may compromise the national security, including sections 
641, 793, 794, 798, and 952 of title 18, United States Code, and 
section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 
section 783(b)). The definitions, requirements, obligations, rights, 
sanctions, and liabilities created by said Executive Order and listed 
statutes are incorporated into this agreement and are controlling.": 
Provided, That notwithstanding the preceding paragraph, a non-
disclosure policy form or agreement that is to be executed by a 
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-360 
States Grovemment, may contain provisions appropriate to the 
particular activity for which such document is to be used. Such 
form or agreement shall, at a minimum, require that the person 
will not disclose any classified information received in the course 
of such activity unless specifically authorized to do so by the United 
States Government. Such nondisclosure forms shall also make it 
clear that they do not bar disclosures to Congress or to an author-
ized official of an executive agency or the Department of Justice 
that are essential to reporting a substantial violation of law. 
SEC. 626. (a) None of the funds appropriated by this or any 
other Act may be expended by any Federal Agency to procure 
£iny product or service subject to section 5124 of Public Law 104-
106 and that will be available under the procurement by the 
Administrator of (Jeneral Services known as "FTS2000" unless— 
(1) such product or service is procured by the Administrator 
of General Services as part of the procurement known as 
"FTS2000"; or 
(2) that agency establishes to the satisfaction of the 
Administrator of General Services that— 
(A) that agency's requirements for such procurement 
are unique and cannot be satisfied by property and service 
procured by the Administrator of General Services as part 
of the procurement known as "FTS2000"; and 
(B) the agency procurement, pursuant to such delega-
tion, would be cost-effective and would not adversely affect 
the cost-effectiveness of the FTS2000 procurement. 
(b) After December 31, 1998, subsection (a) shall apply only 
if the Administrator of General Services has reported that the 
FTS2000 procurement is producing prices that allow the Grovern-
ment to satisfy its requirements for such procurement in the most 
cost-effective manner. 
SEC. 627. Subsection (f) of section 403 of Public Law 103-
356 is amended by deleting "October 1, 1999" and inserting "October 31USC 501 note. 
1, 2001". 
SEC. 628. (a) IN GENERAL.—^Notwithstanding any other provi-
sion of law, none of the funds made available by this Act for 
the Department of the Treasury shall be available for any activity 
or for pa3dng the salary of any Government employee where funding 
an activity or paying a salary to a Government employee would 
result in a decision, determination, rule, regulation, or policy that 
would permit the Secretary of the Treasury to make any loan 
or extension of credit under section 5302 of title 31, United States 
Code, with respect to a single foreign entity or government of 
a foreign country (including agencies or other entities of that govern-
ment)— 
(1) with respect to a loan or extension of credit for more 
than 60 days, unless the President certifies to the Committee 
on Bgmking, Housing, and Urban Affairs of the Senate and 
the Committee on Banking and Financial Services of the House 
of Representatives that— 
(A) there is no projected cost (as that term is defined 
in section 502 of the Federal Credit Reform Act of 1990) 
to the United States from the proposed loan or extension 
of credit; and 
(B) any proposed obligation or expenditure of United 
States funds to or on behalf of the foreign government 
is adequately backed by an assured source of repayment 
110 STAT. 3009-361 
PUBLIC LAW 104-208—SEPT. 30, 1996 
to ensure that all United States funds will be repaid; 
and 
(2) other than as provided by an Act of Congress, if that 
loan or extension of credit would result in expenditures and 
obligations, including contingent obligations, aggregating more 
than $1,000,000,000 with respect to that foreign country for 
more than 180 days during the 12-month period beginning 
on the date on which the first such action is taken. 
(b) WAIVER OF LIMITATIONS.—The President may exceed the 
dollar and time limitations in subsection (a)(2) if he certifies in 
writing to the Congress that a financial crisis in that foreign country 
poses a threat to vital United States economic interests or to the 
stability of the international financial system. 
(c) 
EXPEDITED 
PROCEDURES FOR A RESOLUTION OF DIS-
APPROVAL.—^A presidential certification pursuant to subsection (b) 
shall not take effect, if the Congress, within 30 calendar days 
after receiving such certification, enacts a joint resolution of dis-
approval, as described in paragraph (5) of this subsection. 
(1) REFERENCE TO COMMITTEES.—All joint resolutions intro-
duced in the Senate to disapprove the certification shall be 
referred to the Committee on Banking, Housing, and Urban 
Affairs, and in the House of Representatives, to the appropriate 
committees. 
(2) DISCHARGE OF COMMITTEES.—(A) If the committee of 
either House to which a resolution has been referred has not 
reported it at the end of 15 days after its introduction, it 
is in order to move either to discharge the committee from 
further consideration of the joint resolution or to discharge 
the committee from further consideration of any other resolu-
tion introduced with respect to the same matter, except no 
motion to discharge shall be in order after the committee has 
reported a joint resolution with respect to the same matter. 
(B) A motion to discharge may be made only by an individ-
ual favoring the resolution, and is privileged in the Senate; 
and debate thereon shall be limited to not more than 1 hour, 
the time to be divided in the Senate equally between, and 
controlled by, the majority leader and the minority leader or 
their designees. 
(3) FLOOR CONSIDERATION IN THE SENATE.—(A) A motion 
in the Senate to proceed to the consideration of a resolution 
shall be privileged. 
(B) Debate in the Senate on a resolution, and all debatable 
motions and appeals in connection therewith, shall be limited 
to not more than 4 hours, to be equally divided between, and 
controlled by, the majority leader and the minority leader or 
their designees. 
(C) Debate in the Senate on any debatable motion or appeal 
in connection with a resolution shall be limited to not more 
than 20 minutes, to be equally divided between, and controlled 
by, the mover and the manager of the resolution, except that 
in the event the manager of the resolution is in favor of any 
such motion or appeal, the time in opposition thereto, shall 
be controlled by the minority leader or his designee. Such 
leaders, or either of them, may, from time under their control 
on the passage of a resolution, allot additional time to any 
Senator during the consideration of any debatable motion or 
appeal. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-362 
(D) A motion in the Senate to further Hmit debate on 
a resolution, debatable motion, or appeal is not debatable. 
No amendment to, or motion to recommit, a resolution is in 
order in the Senate. 
(4) In the case of a resolution, if prior to the passage 
by one House of a resolution of that House, that House receives 
a resolution with respect to the same matter from the other 
House, then— 
(A) the procedure in that House shall be the same 
as if no resolution had been received from the other House; 
but 
(B) the vote on final passage shall be on the resolution 
of the other House. 
(5) For purposes of this subsection, the term "joint resolu-
tion" means only a joint resolution of the 2 Houses of Congress, 
the matter after the resolving clause of which is as follows: 
"That the Congress disapproves the action of the President 
under section 628(c) of the Treasury, Postal Service, and Gen-
eral Grovemment Appropriations Act, 1997, notice of which 
was submitted to the Congress on 
.", with the 
blank space being filled with the appropriate date. 
(d) APPLICABILITY.—This section— 
(1) shall not apply to any action taken as part of the 
program of assistance to Mexico announced by the President 
on January 31,1995; and 
(2) shall remain in effect through fiscal year 1997. 
SEC. 629. (a) TECHNICAL AMENDMEISTT.—Section 640 of Public 
Law 104r-52 (109 Stat. 513) is amended by striking "Service per- 5 USC 8401 note, 
formed" and inserting "Hereafter, service performed". 
(b) EFFECTIVE DATE.—^The simendment made by subsection (a) 5 use 840i note, 
shall take effect as if included in Public Law 104-52 on the date 
of its enactment. 
SEC. 630. Notwithstanding any other provision of law, no part 
of any appropriation contained in this Act for any fiscal year shall 
be available for pa3dng Sunday premium or differential pay to 
any employee unless such employee actually performed work during 
the time corresponding to such premium or differential pay. 
SEC. 631. No part of any funds appropriated in this or any 
other Act shall be used by an agency of the executive branch, 
other than for normal and recognized executive-legislative relation-
ships, for publicity or propaganda purposes, and for the preparation, 
distribution or use of any kit, pamphlet, booklet, publication, radio, 
television or film presentation designed to support or defeat legisla-
tion pending before the Congress, except in presentation to the 
Congress itself. 
SEC. 632. (a) The United States Courthouse under construction 
at 1030 Southwest 3d Avenue in Portland, Oregon, shall be known 
and designated as the "Mark O. Hatfield United States Courthouse". 
(b) Any reference in a law, map, regulation, document, paper, 
or other record of the United States to the courthouse referred 
to in section 901 shall be deemed to be a reference to the "Mark 
O. Hatfield United States Courthouse". 
(c) This section shall take effect on January 2, 1997. 
SEC. 633. SURVIVOR ANNUITY RESUMPTION UPON TERMINATION 
OF MARRIAGE.—(a) AMENDMENTS.— 
110 STAT. 3009-363 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(1) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8341(e) 
of title 5, United States Code, is amended by adding at the 
end the following: 
"(4) If the annuity of a child under this subchapter terminates 
under paragraph (3)(E) because of marriage, then, if such marriage 
ends, such annuity shall resume on the first day of the month 
in which it ends, but only if— 
"(A) any lump sum paid is returned to the Fund; and 
"(B) that individual is not otherwise ineligible for such 
annuity.". 
(2) 
FEDERAL EMPLOYEES' RETIREMENT SYSTEM.—Section 
8443(b) of such title is amended by adding at the end the 
following: "If the annuity of a child under this subchapter 
terminates under subparagraph (E) because of marriage, then, 
if such marriage ends, such annuity shall resume on the first 
day of the month in which it ends, but only if any lump 
sum paid is returned to the Fund, and that individual is not 
otherwise ineligible for such annuity.". 
(3) FEDERAL EMPLOYEES HEALTH BENEFITS.—Section 8908 
of title 5, United States Code, is amended by adding at the 
end of the following new subsection: 
"(d) A surviving child whose survivor annuity under section 
8341(e) or 8443(b) was terminated and is later restored under 
paragraph (4) of section 8341(e) or the last sentence of section 
8443(b) may, under regulations prescribed by the Office, enroll 
in a health benefits plan described by section 8903 or 8903a if 
such surviving child was covered by any such plan immediately 
before such annuity was terminated.". 
5 use 8341 note. 
(b) APPLICABILITY.—^The amendments made by subsection (a) 
shall apply with respect to any termination of marriage taking 
effect before, on, or after the date of enactment of this Act, except 
that benefits shall be payable only with respect to amounts accruing 
for periods beginning on the first day of the month beginning 
after the later of such termination of marriage or such date of 
enactment. 
SEC. 634. AVAILABILITY OF ANNUAL LEAVE FOR EMPLOYEES 
AFFECTED BY REDUCTION IN FORCE.—Section 6302 of title 5, United 
States Code, is amended by adding at the end of the following 
new subsection: 
"(g) An employee who is being involuntarily separated from 
an agency due to a reduction in force or transfer of function under 
subchapter I of chapter 35 may elect to use annual leave to the 
employee's credit to remain on the agency's rolls after the date 
the employee would otherwise have been separated if, and only 
to the extent that, such additional time in a pay status will enable 
the employee to qualify for an immediate annuity under section 
8336, 8412, 8414, or to qualify to carry health benefits coverage 
into retirement under section 8905(b).". 
SEC. 635. Section 207(e)(6)(B) of title 18, United States Code, 
is amended by striking "level V of the Executive Schedule" and 
inserting "level 5 of the Senior Executive Service". 
5 use prec. 5941 
SEC. 636. REIMBURSEMENTS RELATING TO PROFESSIONAL LlABIL-
note. 
iTY INSURANCE.—(a) AUTHORITY.—Notwithstanding any other provi-
sion of law, amounts appropriated by this Act (or any other Act 
for fiscal year 1997 or any fiscal year thereafter) for salaries and 
expenses may be used to reimburse any qualified employee for 
not to exceed one-half the costs incurred by such employee for 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-364 
professional liability insurance. A pa3TTnent under this section shall 
be contingent upon the submission of such information or docu-
mentation as the employing agency may require. 
(b) QUALIFIED EMPLOYEE.—For purposes of this section, the 
term "qualified employee" means an agency employee whose posi-
tion is that of— 
(1) a law enforcement officer; or 
(2) a supervisor or management official. 
(c) DEFINITIONS.—For purposes of this section— 
(1) the term "agency" means an Executive agency, as 
defined by section 105 of title 5, United States Code, and 
any agency of the Legislative Branch of Government including 
any office or committee of the Senate or the House of Represent-
atives; 
(2) the term "law enforcement officer" means an employee, 
the duties of whose position are primarily the investigation, 
apprehension, prosecution, or detention of individuals suspected 
or convicted of offenses against the criminal laws of the United 
States, including any law enforcement officer under section 
8331(20) or 8401(17) of such title 5, or under section 4823 
of title 22, United States Code; 
(3) the terms "supervisor" and "management official" have 
the respective meanings given them by section 7103(a) of such 
title 5, and 
(4) the term "professional liability insurance" means insur-
ance which provides coverage for— 
(A) legal liability for damages due to injuries to other 
persons, damage to their property, or other damage or 
loss to such other persons (including the expenses of litiga-
tion and settlement) resulting from or arising out of any 
tortious act, error, or omission of the covered individual 
(whether common law, statutory, or constitutional) while 
in the performance of such individual's official duties as 
a qualified employee; and 
(B) the cost of legal representation for the covered 
individual in connection with any administrative or judicial 
proceeding (including any investigation or disciplinary 
proceeding) relating to any act, error, or omission of the 
covered individual while in the performance of such individ-
ual's official duties as a qualified employee, and other 
legal costs and fees relating to any such administrative 
or judicial proceeding. 
(d) APPLICABILITY.—The amendments made by this section shall 
take effect on the date of the enactment of this Act and shall 
apply thereafter. 
SEC. 637. For purposes of each provision of law amended by 
5 USC 5303 note. 
section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C. 5318 
note), no adjustment under section 5303 of title 5, United States 
Code, shall be considered to have taken effect in fiscal year 1997 
in the rates of basic pay for the statutory pay systems. 
SEC. 638. For FY 1997, the Secretary of the Treasury is author-
ized to use funds made available to the FSLIC Resolution Fund 
under P.L. 103-327, not to exceed $26.1 million, to reimburse 
the Department of Justice for the reasonable expenses of litigation 
that are incurred in the defense of claims against the U.S. arising 
from FIRREA and its implementation. 
110 STAT. 3009-365 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SEC. 639. Section 608 of Public Law 104-52 is amended in 
the first sentence by inserting before the period, ", including Federal 
records disposed of pursuant to a records schedule". 
40 use 1411 
SEC. 640. In reviewing and analyzing the contracting out, 
note. 
outsourcing or privatization of business and administrative func-
tions, and in implementing 40 U.S.C. sections 1413 and 1423, 
and other provisions, in title LI of the NationsQ Defense Authoriza-
tion Act for fiscal year 1996 (the Information Technology Msmage-
ment Reform Act)--
(1) the Director of the Office of Management and Budget 
and the heads of the executive agencies may have studies, 
analyses, reviews and other management assistance performed 
by the private sector; 
(2) the reviews, Einalyses, and studies called for by 40 
U.S.C. section 1413(b)(2) (B) and (C) shall be completed and 
reported to the Agency Head within 180 days, or less measured 
from when a study ansQysis or review is initiated unless the 
Agency Head determines additional time is needed; 
(3) in accordance with principles and rules governing 
organizational conflicts of interest, persons involved in a 
particular study may not compete for any work that is to 
be or is outsourced as a result of that study; and 
(4) this section will apply with respect to studies occurring 
on or after the date of enactment of this subsection and com-
pleted before September 1, 1999 and the Comptroller Greneral 
of the United States shall review and provide an assessment 
of this program by Janusiry 1, 1999. 
SEC. 641. (a) SECTION 1—AUTHORIZATION OF APPROPRIATIONS.— 
Section 8(a)(1) of the Whistleblower Protection Act of 1989 (5 U.S.C. 
5509 note, Public Law 101-12, April 10, 1989, 103 Stat. 34, as 
amended PubUc Law 103-424, Section 1, October 29, 1994, 108 
Stat. 4361), is amended by striking the words: "1993, 1994, 1995, 
1996, and 1997," and inserting in lieu thereof "1998, 1999, 2000, 
2001, and 2002". 
5 use 5509 note. 
(b) SECTION 2—EFFECTIVE DATE.—This Act shall take effect 
on October 1,1998. 
SEC. 
642. 
(a) 
SECTION 1.—AUTHORIZATION OF APPROPRIA-
TIONS.—Section 8(a)(1) of the Whistleblower Protection Act of 1989 
(5 U.S.C. 5509 note; Public Law 103-424; 103 Stat. 34) is amended 
by striking out: "1993, 1994, 1995, 1996, and 1997," and inserting 
in lieu thereof "1998, 1999, 2000, 2001, and 2002". 
5 use 5509 note. 
(b) SECTION 2—^EFFECTIVE DATE.—^This Act shall take effect 
on October 1, 1998. 
SEC. 
643. 
MODIFICATIONS OF 
NATIONAL 
COMMISSION ON 
RESTRUCTURING THE INTERNAL REVENUE SERVICE.—(a) QUORUM.— 
Paragraph (4) of section 637(b) of the Treasury, Postal Service, 
£ind General Government Appropriations Act, 1996 (Public Law 
26 use 7801 
104-52, 109 Stat. 510) is amended by striking "Seven" and inserting 
note. 
"Nine". 
(b) CO-CHAIRS.— 
(1) IN GENERAL.—Paragraph (3) of section 637(b) of such 
Act is amended— 
(A) by striking "a Chairman" and inserting "Co-
Chairs", and 
(B) by striking "Chairman" in the heading and insert-
ing "Co-Chairs". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-366 
(2) CONFORMING AMENDMENTS.—(A) Paragraph (5)(B) of 
section 637(b) of such Act is amended by striking "a Chairman" 
and inserting "Co-Chairs". 
(B) Subsections (b)(4), (d)(1)(B), (d)(3), and (e)(1) of section 
637 of such Act are each amended by striking "Chairmsin" 
each place it appears and inserting '*Co-Chairs". 
(c) GIFTS.—Section 637(d) of such Act is amended by adding 
at the end the following new paragraph: 
"(6) GIFTS.—^The Commission may accept, use, and dispose 
of gifts or donations of services or property in carrying out 
its duties under this section." 
(d) TRAVEL EXPENSES.—Section 637(f)(2) of such Act is amended 
by striking "shall" and inserting "may. 
(e) TIME FOR FILING REPORT.— 
(1) IN GENERAL.—Paragraph (1) of section 637(g) of such Act 
is amended by striking "one year" and inserting "15 months". 
(2) CONFORMING AMENDMENT.—Subparagraph (A) of section 
637(c)(1) of such Act is amended by striking "one year" and inserting 
"15 months". 
(f) EFFECTIVE DATE.—^The amendments made by this section 26USC780i 
shall take effect as if included in the provisions of the Treasury, "ote. 
Postal Service, and General Government Appropriations Act, 1996. 
SEC. 644. (a) IN GENERAL.—Section 202(a) of title 39, United 
States Code, is amended by striking "$10,000 a year" and inserting 
"$30,000 a year". 
(b) EFFECTIVE DATE.—Subsection (a) shall take effect at the 
39 use 202 note, 
beginning of the next applicable pay period beginning after the 
date of the enactment of this Act. 
SEC. 645. (a) IN GENERAL.—^No later than September 30, 1997, 
the Director of the Office of Management and Budget shall submit 
to the Congress a report that provides— 
(1) estimates of the total annual costs and benefits of 
Federal regulatory programs, including quantitative and non-
quantitative measures of regulatory costs and benefits; 
(2) estimates of the costs and benefits (including quan-
titative and nonquantitative measures) of each rule that is 
likely to have a gross annual effect on the economy of 
$100,000,000 or more in increased costs; 
(3) an assessment of the direct and indirect impacts of 
Federal rules on the private sector. State and local government, 
and the Federal Government; and 
(4) recommendations from the Director and a description 
of significant public comments to reform or eliminate any Fed-
eral regulatory program or program element that is inefficient, 
ineffective, or is not a sound use of the Nation's resources, 
(b) NOTICE.—^The Director shall provide public notice and an 
opportunity to comment on the report under subsection (a) before 
the report is issued in final form. 
SEC. 646. Subsection (b) of section 404 of Public Law 103-
356 is amended by deleting "September 30, 1997" and inserting 
31USC 501 note. 
"December 31, 1999". 
SEC. 647. (a) Notwithstanding any other provision of law, the 
Secretary shall, on behalf of the United States, transfer to the 
University of Miami, without charge, title to the real property 
and improvements that as of the date of the enactment of this 
Act constitute the Federal facility known as the Perrine Primate 
110 STAT. 3009-367 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Center, subject to the condition that, during the 10-year period 
beginning on the date of the transfer— 
(1) the University will provide for the continued use of 
the real property and improvements as an animal research 
facility, including primates, and such use will be the exclusive 
use of the property (with such incidental exceptions as the 
Secretary may approve); or 
(2) the real property and improvements will be used for 
research-related purposes other than the purpose specified in 
paragraph (1) (or for both of such purposes), if the Secretary 
and the University enter into an agreement accordingly. 
(b) The conveyance under subsection (a) shall not become effec-
tive unless the conveyance specifies that, if the University of Miami 
engages in a material breach of the conditions specified in such 
subsection, title to the real property and improvements involved 
reverts to the United States at the election of the Secretary. 
(c) The real property referred to in subsections (a) and (b) 
is located in the county of Dade in the State of Florida, and 
is a parcel consisting of the northernmost 30 acre-parcel of the 
area. The exact acreage and legal description used for purposes 
of the transfer under subsection (a) shall be in accordance with 
a survey that is satisfactory to the Secretary. 
(d) For the purposes of this section— 
(1) the term "Secretary" means the Secretary of Health 
and Human Services; and 
(2) the term "University of Miami" means the University 
of Miami located in the State of Florida. 
SEC. 648. (a) INCREASED PENALTIES FOR COUNTERFEITING VIO-
LATIONS.—Sections 474 and 474A of title 18, United States Code, 
are amended by striking "class C felony" each place that term 
appears and inserting "class B felony". 
(b) 
CRIMINAL PENALTY FOR PRODUCTION, 
SALE, 
TRANSPOR-
TATION, 
POSSESSION 
OF 
FICTITIOUS 
FINANCIAL 
INSTRUMENTS 
PURPORTING TO BE THOSE OF THE STATES, OF POLITICAL SUBDIVI-
SIONS, AND OF PRIVATE ORGANIZATIONS.— 
(1) IN GENERAL.—Chapter 25 of title 18, United States 
Code, is amended by inserting after section 513, the following 
new section: 
"§ 514. Fictitious obligations 
"(a) Whoever, with the intent to defraud— 
"(1) draws, prints, processes, produces, publishes, or other-
wise makes, or attempts or causes the same, within the United 
States; 
"(2) passes, utters, presents, offers, brokers, issues, sells, 
or attempts or causes the same, or with like intent possesses, 
within the United States; or 
"(3) utilizes interstate or foreign commerce, including the 
use of the mails or wire, radio, or other electronic communica-
tion, to transmit, transport, ship, move, transfer, or attempts 
or causes the same, to, from, or through the United States, 
any false or fictitious instrument, document, or other item appear-
ing, representing, purporting, or contriving through scheme or arti-
fice, to be an actual security or other financial instrument issued 
under the authority of the United States, a foreign government, 
a State or other political subdivision of the United States, or an 
organization, shall be guilty of a class B felony. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-368 
"(b) For purposes of this section, any term used in this section 
that is defined in section 513(c) has the same meaning given such 
term in section 513(c). 
"(c) The United States Secret Service, in addition to any other 
agency having such authority, shall have authority to investigate 
offenses under this section.". 
(2) TECHNICAL AMENDMENT.—The analysis for chapter 25 
of title 18, United States Code, is amended by inserting after 
the item relating to section 513 the following: 
"514. Fictitious obligations.". 
(c) PERIOD OF EFFECT.—^This section and the amendments made 
18 USC 474 note, 
by this section shall become effective on the date of enactment 
of this Act and shall remain in effect during each fiscal year 
following that date of enactment. 
SEC. 649. None of the funds appropriated by this Act may 
be used by an agency to provide a Federal employee's home address 
to any labor organization except when it is made known to the 
Federal official having authority to obligate or expend such funds 
that the employee has authorized such disclosure or that such 
disclosure has been ordered by a court of competent jurisdiction. 
SEC. 650. (a) No later than 45 days after the date of the 
enactment of this Act, the Inspector General of each Federal depart-
ment or agency that uses administratively uncontrollable overtime 
in the pay of any employee shall— 
(1) conduct an audit on the use of administratively 
uncontrollable overtime by employees of such department or 
agency, which shall include— 
(A) an examination of the policies, extent, costs, and 
other relevant aspects of the use of administratively 
uncontrollable overtime at the department or agency; and 
(B) a determination of whether the eligibility criteria 
of the department or agency and payment of administra-
tively uncontrollable overtime comply with Federal statu-
tory and regulatory requirements; and 
(2) submit a report of the findings and conclusions of such 
audit to— 
(A) the Office of Personnel Management; 
(B) the Governmental Affairs Committee of the Senate; 
and 
(C) the Government Reform and Oversight Committee 
of the House of Representatives. 
(b) No later than 30 days after the submission of the report 
under subsection (a), the Office of Personnel Management shall 
issue revised guidelines to all Federal departments and agencies 
that— 
(1) limit the use of administratively uncontrollable overtime 
to employees meeting the statutory intent of section 5545(c)(2) 
of title 5, United States Code; and 
(2) expressly prohibit the use of administratively uncontrol-
lable overtime for— 
(A) customary or routine work duties; and 
(B) work duties that are primarily administrative in 
nature, or occur in noncompelling circumstances. 
SEC. 651. Notwithstanding section 8116 of title 5, United States 
5 USC 8133 note. 
Code, and in addition to any payment made under 5 U.S.C. 8101 
et seq., beginning in fiscal year 1997 and thereafter, the head 
110 STAT. 3009-369 
PUBLIC LAW 104-208—SEPT. 30, 1996 
of any department or agency is authorized to pay from appropria-
tions made available to the department or agency a death gratuity 
to the personal representative (as that term is defined by applicable 
law) of a civilian employee of that department or agency whose 
death resulted from an injury sustained in the line of duty on 
or after August 2, 1990: Provided, That payments made pursuant 
to this section, in combination with the payments made pursuant 
to sections 8133(f) and 8134(a) of such title 5 and section 312 
of Public Law 103-332 (108 Stat. 2537), may not exceed a total 
of $10,000 per employee. 
18 use 846 note. 
SEC. 653. (a) AUTHORIZATION.—The Secretary of the Treasury 
is authorized to establish scientific certification standards for explo-
sives detection canines, and shall provide, on a reimbursable basis, 
for the certification of explosives detection canines employed by 
Federal agencies, or other agencies providing explosives detection 
services at airports in the United States. 
(b) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated such sums as may be necessary to carry out 
the purposes of this section. 
SEC. 654. NATIONAL REPOSITORY FOR INFORMATION ON EXPLO-
SIVES INCIDENTS AND ARSON. 
(a) Section 846 of title 18, United States Code, is amended 
b y -
(1) designating the existing section as subsection (a); 
and 
(2) by adding the following new subsection (b) to read 
as follows: 
"(b) The Secretary is authorized to establish a national 
repository of information on incidents involving arson and the 
suspected criminal misuse of explosives. All Federal agencies 
having information concerning such incidents shall report the 
information to the Secretary pursuant to such regulations as 
deemed necessary to carry out the provisions of this subsection. 
The repository shall also contain information on incidents vol-
untarily reported to the Secretary by State and local authori-
ties.". 
18 use 846 note. 
(b) There is authorized to be appropriated such sums as 
may be necessary to carry out the provisions of this subsection. 
SEC. 655. Section 5(c)(1) of Public Law 102-259 (20 U.S.C. 
5603(c)(1)) is amended— 
(1) in subparagraph (A)(iii), by striking "and" after the 
semicolon; 
(2) in subparagraph (B), by striking the period and insert-
ing "; and"; and 
(3) by adding after subparagraph (B) the following: 
"(C) a Trustee may serve after the expiration of the Trust-
ee's term until a successor has been chosen.". 
SEC. 656. Notwithstanding any other provision of law, the 
Secretary of the Interior, through the Bureau of Indian Affairs, 
may directly transfer to Indian tribes in North and South Dakota 
portable housing units at the Grand Forks Air Force base in North 
Dakota which have been declared excess by the Department of 
Defense and requested for transfer by the Department of the 
Interior. 
SEC. 657. Section 922(q) of title 18, United States Code, is 
amended to read as follows: 
"(q)( 1) The Congress finds and declares that— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-370 
"(A) crime, particularly crime involving drugs and guns, 
is a pervasive, nationwide problem; 
"(B) crime at the local level is exacerbated by the interstate 
movement of drugs, guns, and criminal gangs; 
"(C) firearms and ammunition move easily in interstate 
commerce and have been found in increasing numbers in and 
around schools, as documented in numerous hearings in both 
the Committee on the Judiciary the House of Representatives 
and the Committee on the Judiciary of the Senate; 
"(D) in fact, even before the sale of a firearm, the gun, 
its component parts, ammunition, and the raw materials from 
which they are made have considerably moved in interstate 
commerce; 
"(E) while criminals freely move from State to State, ordi-
nary citizens and foreign visitors may fear to travel to or 
through certain parts of the country due to concern about 
violent crime and gun violence, and parents may decline to 
send their children to school for the same reason; 
"(F) the occurrence of violent crime in school zones has 
resulted in a decline in the quality of education in our country; 
"(G) this decline in the quality of education has an adverse 
impact on interstate commerce and the foreign commerce of 
the United States; 
"(H) States, localities, and school systems find it almost 
impossible to handle gun-related crime by themselves—even 
States, localities, and school systems that have made strong 
efforts to prevent, detect, and punish gun-related crime find 
their efforts unavailing due in part to the failure or inability 
of other States or localities to take strong measures; and 
"(I) the Congress has the power, under the interstate com-
merce clause and other provisions of the Constitution, to enact 
measures to ensure the integrity and safety of the Nation's 
schools by enactment of this subsection. 
"(2)(A) It shall be unlawful for any individual knowingly to 
possess a firearm that has moved in or that otherwise affects 
interstate or foreign commerce at a place that the individual knows, 
or has reasonable cause to believe, is a school zone. 
"(B) Subparagraph (A) does not apply to the possession of 
a firearm— 
"(i) on private property not part of school grounds; 
"(ii) if the individual possessing the firearm is licensed 
to do so by the State in which the school zone is located 
or a political subdivision of the State, and the law of the 
State or political subdivision requires that, before an individual 
obtains such a license, the law enforcement authorities of the 
State or political subdivision verify that the individual is quali-
fied under law to receive the license; 
"(iii) that is— 
"(I) not loaded; and 
"(II) in a locked container, or a locked firearms rack 
that is on a motor vehicle; 
"(iv) by an individual for use in a program approved by 
a school in the school zone; 
"(v) by an individual in accordance with a contract entered 
into between a school in the school zone and the individual 
or an employer of the individual; 
110 STAT. 3009-371 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(vi) by a law enforcement officer acting in his or her 
official capacity; or 
"(vii) that is unloaded and is possessed by an individual 
while traversing school premises for the purpose of gaining 
access to public or private lands open to hunting, if the entry 
on school premises is authorized by school authorities. 
"(3)(A) Except as provided in subparagraph (B), it shall be 
unlawful for any person, knowingly or with reckless disregard for 
the safety of another, to discharge or attempt to discharge a firearm 
that has moved in or that otherwise affects interstate or foreign 
commerce at a place that the person knows is a school zone. 
"(B) Subparagraph (A) does not apply to the discharge of a 
firearm— 
"(i) on private property not part of school grounds; 
"(ii) as part of a program approved by a school in the 
school zone, by an individual who is participating in the pro-
gram; 
"(iii) by an individual in accordance with a contract entered 
into between a school in a school zone and the individual 
or an employer of the individual; or 
"(iv) by a law enforcement officer acting in his or her 
official capacity. 
"(4) Nothing in this subsection shall be construed as preempting 
or preventing a State or local government from enacting a statute 
establishing gun free school zones as provided in this subsection.". 
SEC. 658. GUN BAN FOR INDIVIDUALS CONVICTED OF A MISDEMEANOR 
CRIME OF DOMESTIC VIOLENCE. 
(a) DEFINITION.—Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following: 
"(33)(A) Except as provided in subparagraph (C), the term 
'misdemeanor crime of domestic violence' means an offense 
t h a t -
'll) is a misdemeanor under Federal or State law; 
and 
"(ii) has, as an element, the use or attempted use 
of physical force, or the threatened use of a deadly weapon, 
committed by a current or former spouse, parent, or guard-
ian of the victim, by a person with whom the victim shares 
a child in common, by a person who is cohabiting with 
or has cohabited with the victim as a spouse, parent, or 
guardian, or by a person similarly situated to a spouse, 
parent, or guardian of the victim. 
"(B)(i) A person shall not be considered to have been con-
victed of such an offense for purposes of this chapter, unless— 
"(I) the person was represented by counsel in the case, 
or knowingly and intelligently waived the right to counsel 
in the case; and 
(II) in the case of a prosecution for an offense described 
in this paragraph for which a person was entitled to a 
jury trial in the jurisdiction in which the case was tried, 
either 
(aa) the case was tried by a jury, or 
(bb) the person knowingly and intelligently waived 
the right to have the case tried by a jury, by guilty 
plea or otherwise. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-372 
"(ii) A person shall not be considered to have been convicted 
of such an offense for purposes of this chapter if the conviction 
has been expunged or set aside, or is an offense for which 
the person has been pardoned or has had civil rights restored 
(if the law of the applicable jurisdiction provides for the loss 
of civil rights under such £in offense) unless the pardon, 
expungement, or restoration of civil rights expressly provides 
that the person may not ship, transport, possess, or receive 
firearms.". 
(b) PROHIBITIONS.— 
(1) Section 922(d) of such title is amended— 
(A) by striking "or" at the end of paragraph (7); 
(B) by striking the period at the end of paragraph 
(8) and inserting "; or"; and 
(C) by inserting after paragraph (8) the following: 
"(9) has been convicted in any court of a misdemeanor 
crime of domestic violence.". 
(2) Section 922(g) of such title is amended— 
(A) by striking "or" at the end of paragrph (7); 
(B) by striking the comma at the end of paragraph 
(8) and inserting "; or"; and 
(C) by inserting after paragraph (8) the following: 
"(9) who has been convicted in any court of a misdemeanor 
crime of domestic violence,". 
(3) Section 922(sX3)(B)(i) of such title is amended by insert-
ing ", and has not been convicted in any court of a misdemeanor 
crime of domestic violence" before this semicolon. 
(c) GOVERNMENT ENTITIES NOT EXCEPTED.—Section 925(a)(1) 
of such title is amended by inserting "sections 922(d)(9) £ind 
922(gX9) and" after "except for". 
SEC. 669. THRIFT SAVINGS PLAN. 
TITLE I—^ADDITIONAL INVESTMENT FUNDS FOR THE THRIFT SAVINGS Thrift Savings 
P L A N 
investment 
Funds Act of 
, 
1996. 
SEC. 101. SHORT TITLE 
5 USC 8401 note. 
This title may be cited as the "Thrift Savings Investment Funds 
Act of 1996". 
SEC. 102. ADDITIONAL INVESTMENT FUNDS FOR THE THRIFT SAVINGS 
PLAN 
Section 8438 of title 5, United States Code, is amended— 
(1) in subsection (a^— 
(A) by redesignating paragraphs (5) through (8) as 
paragraphs (6) through (9), respectively; 
(B) by inserting sifter paragraph (4) the following new 
paragraph: 
"(5) the term International Stock Index Investment Fund' 
means the International Stock Index Investment Fund estab-
lished under subsection (b)(1)(E);"; 
(C) in paragraph (8) (as redesignated by subparagraph 
(A) of this paragraph) by striking out "and" at the end 
thereof; 
(D) in paragraph (9) (as redesignated by subparagraph 
(A) of this paragraph)— 
110 STAT. 3009-373 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(i) by striking out "paragraph (7)(D)" in each place 
it appears and inserting in each such place "paragraph 
(8)(D)"; and 
(ii) by striking out the period and inserting in 
lieu thereof a semicolon and "and"; and 
(E) by adding at the end thereof the following new 
paragraph: 
"(10) the term 'Small Capitalization Stock Index Invest-
ment Fund' means the Small Capitalization Stock Index Invest-
ment Fund established under subsection (b)(1)(D)."; and 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (B) by striking out "and" at 
the end thereof; 
(ii) in subparagraph (C) by striking out the period 
and inserting in lieu thereof a semicolon; and 
(iii) by adding at the end thereof the following 
new subparagraphs: 
"(D) a Small Capitalization Stock Index Investment 
Fund as provided in paragraph (3); and 
"(E) an International Stock Index Investment Fund 
as provided in paragraph (4)."; and 
(B) by adding at the end thereof the following new 
paragraphs: 
"(3)(A) The Board shall select an index which is a commonly 
recognized index comprised of common stock the aggregate 
market value of which represents the United States equity 
markets excluding the common stocks included in the Common 
Stock Index Investment Fund. 
"(B) The Small Capitalization Stock Index Investment Fund 
shall be invested in a portfolio designed to replicate the 
performance of the index in subparagraph (A). The portfolio 
shall be designed such that, to the extent practicable, the 
percentage of the Small Capitalization Stock Index Investment 
Fund that is invested in each stock is the same as the percent-
age determined by dividing the aggregate market value of 
all shares of that stock by the aggregate market value of 
all shares of all stocks included in such index. 
"(4)(A) The Board shall select an index which is a commonly 
recognized index comprised of stock the aggregate market value 
of which is a reasonably complete representation of the inter-
national equity markets excluding the United States equity 
markets. 
"(B) The International Stock Index Investment Fund shall 
be invested in a portfolio designed to replicate the performance 
of the index in subparagraph (A). The portfolio shall be designed 
such that, to the extent practicable, the percentage of the 
International Stock Index Investment Fund that is invested 
in each stock is the same as the percentage determined by 
dividing the aggregate market value of all shares of that stock 
by the aggregate market value of all shares of all stocks 
included in such index.". 
SEC. 103. ACKNOWLEDGEMENT OF INVESTMENT RISK 
Section 8439(d) of title 5, United States Code, is amended 
by striking out "Each employee, Member, former employee, or 
former Member who elects to invest in the Common Stock Index 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-374 
Investment Fund or the Fixed Income Investment Fund described 
in paragraphs (1) and (3)," and inserting in lieu thereof "Each 
employee, Member, former employee, or former Member who elects 
to invest in the Common Stock Index Investment Fund, the Fixed 
Income Investment Fund, the International Stock Index Investment 
Fund, or the Small Capitalization Stock Index Investment Fund, 
defined in paragraphs (1), (3), (5), and (10),". 
SEC. 104. EFFECTIVE DATE 
5 USC 8438 note. 
This title shall take effect on the date of enactment of this 
Act, and the Funds established under this title shall be offered 
for investment at the earliest practicable election period (described 
in section 8432(b) of title 5, United States Code) as determined 
by the Executive Director in regulations. 
TITLE II—THRIFT SAVINGS ACCOUNTS LIQUIDITY 
Thrift Savings 
Plan Act of 1996. 
SEC. 201. SHORT TITLE 
5 USC 8401 note. 
This title may be cited as the 'Thrift Savings Plan Act of 
1996". 
SEC. 202. NOTICE TO SPOUSES FOR IN-SERVICE WITHDRAWALS; DE 
MINIMUS ACCOUNTS; CIVIL SERVICE RETIREMENT SYSTEM PARTICI-
PANTS 
Section 8351(b) of title 5, United States Code, is amended— 
(1) in paragraph (5)— 
(A) in subparagraph (B)— 
(i) by striking out "An election, change of election, 
or modification (relating to the commencement date 
of a deferred annuity)" and inserting in lieu thereof 
"An election or change of election"; 
(ii) by inserting "or withdrawal" after "and a loan"; 
(iii) by inserting "and (h)" after "8433(g)"; 
(iv) by striking out "the election, change of election, 
or modification" and inserting in lieu thereof "the elec-
tion or change of election"; and 
(v) by inserting "or withdrawal" after "for such 
loan"; and 
(B) in subparagraph (D)— 
(i) by inserting "or withdrawals" after "of loans"; 
and 
(ii) by inserting "or (h)" after "8433(g)"; and 
(2) in paragraph (6)— 
(A) by striking out "$3,500 or less" and inserting in 
lieu thereof "less than an amount that the Executive Direc-
tor prescribes by regulation"; and 
(B) by striking out "unless the employee or Member 
elects, at such time and otherwise in such manner as 
the Executive Director prescribes, one of the options avail-
able under subsection (b)". 
SEC. 203. IN-SERVICE WITHDRAWALS; WITHDRAWAL ELECTIONS, FED-
ERAL EMPLOYEES RETIREMENT SYSTEM PARTICIPANTS 
(a) IN GENERAL.—Section 8433 of title 5, United States Code, 
is amended— 
(1) by striking out subsections (b) and (c) and inserting 
in lieu thereof the following: 
110 STAT. 3009-375 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(b) Subject to section 8435 of this title, any employee or Mem-
ber who separates from Government employment is entitled and 
may elect to withdraw from the Thrift Savings Fund the balance 
of the employee's or Member's account as— 
"(1) an annuity; 
"(2) a single payment; 
"(3) 2 or more substantially equal payments to be made 
not less frequently than annually; or 
"(4) any combination of payments as provided under para-
graphs (1) through (3) as the Executive Director may prescribe 
by regulation. 
"(c)(1) In addition to the right provided under subsection (b) 
to withdraw the balance of the account, an employee or Member 
who separates from Government service and who has not made 
a withdrawal under subsection (h)(1)(A) may make one withdrawal 
of any amount as a single payment in accordance with subsection 
(b)(2) from the employee's or Member's account. 
"(2) An employee or Member may request that the amount 
withdrawn from the Thrift Savings Fund in accordance with sub-
section (b)(2) be transferred to an eligible retirement plan. 
"(3) The Executive Director shall make each transfer elected 
under paragraph (2) directly to an eligible retirement plan or plans 
(as denned in section 402(c)(8) of the Internal Revenue Code of 
1986) identified by the employee, Member, former employee, or 
former Member for whom the transfer is made. 
"(4) A transfer may not be made for an employee. Member, 
former employee, or former Member under paragraph (2) until 
the Executive Director receives from that individual the information 
required by the Executive Director specifically to identify the eligible 
retirement plan or plans to which the transfer is to be made."; 
(2) in subsection (d)— 
(A) in paragraph (1) by striking out "Subject to para-
graph (3)(A)" and inserting in lieu thereof "Subject to para-
graph (3)"; 
(B) by striking out paragraph (2) and redesignating 
paragraph (3) as paragraph (2); and 
(C) in paragraph (2) (as redesignated under subpara-
graph (B) of this paragraph)— 
(i) in subparagraph (A) by striking out "(A) by 
striking out "(A)"; and 
(ii) by striking out subparagraph (B); 
(3) in subsection (f)(1)— 
(A) by striking out "$3,500 or less" and inserting in 
lieu thereof "less than an amount that the Executive Direc-
tor prescribes by regulation; and 
(B) by striking out "unless the employee or Member 
elects, at such time and otherwise in such manner as 
the Executive Director prescribes, one of the options avail-
able under subsection (b), or" and inserting a comma; 
(4) in subsection (f)(2)— 
(A) by striking out "February 1" and inserting in lieu 
thereof "April 1"; 
(B) in subparagraph (A)— 
(i) by striking out "65" and inserting in lieu thereof 
"70 y2"; and 
(ii) by inserting "or" after the semicolon; 
(C) by striking out subparagraph (B); and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-376 
(D) by redesignating subparagraph (C) as subpara-
graph (B); 
(5) in subsection (g)— 
(A) in paragraph (1) by striking out "after December 
31, 1987, and", and by adding at the end of the paragraph 
the following sentence: "Before a loan is issued, the Execu-
tive Director shall provide in writing the employee or Mem-
ber with appropriate information concerning the cost of 
the loan relative to other sources of financing, as well 
as the lifetime cost of the loan, including the difference 
in interest rates between the funds offered by the Thrift 
Savings Fund, and any other effect of such loan on the 
employee's or Member's final account balance."; and 
(B) by striking out paragraph (2) and redesignating 
paragraphs (3) through (5) as paragraphs (2) through (4), 
respectively; and 
(6) by adding after subsection (g) the following new sub-
section: 
"(h)(1) An employee or Member may apply, before separation, 
to the Board for permission to withdraw an amount from the 
employee's or Member's account based upon— 
"(A) the employee or Member having attained age 59^2; 
or 
"(B) financial hardship. 
"(2) A withdrawal under paragraph (1)(A) shall be available 
to each eligible participant one time only. 
"(3) A withdrawal under paragraph (1)(B) shall be available 
only for an amount not exceeding the value of that portion of 
such account which is attributable to contributions made by the 
employee or Member under section 8432(a) of this title. 
"(4) Withdrawals under paragraph (1) sheill be subject to such 
other conditions as the Executive Director may prescribe by regula-
tion. 
"(5) A withdrawal may not be made under this subsection 
unless the requirements of section 8435(e) of this title are satisfied.". 
(b) INVALIDITY OF CERTAIN PRIOR ELECTIONS.—^Any election 5 use 8433 note. 
made under section 8433(bX2) of title 5, United States Code (as 
in effect before the effective date of this title), with respect to 
an annuity which has not commenced before the implementation 
date of this title as provided by regulation bv the Executive Director 
in accordsince with section 207 of tnis title, snail be invalid. 
SEC. 204. SURVIVOR ANNUITIES FOR FORMER SPOUSES; NOTICE TO 
FEDERAL EMPLOYEES RETIREMENT SYSTEM SPOUSES FOR IN-SERV-
ICE WITHDRAWALS 
Section 8435 of title 5, United States Code, is amended— 
(1) in subsection (aXlXA)— 
(A) by striking out "may make an election under sub-
section (b)(3) or (bX4) of section 8433 of this title or change 
an election previously made under subsection (b)(1) or (b)(2) 
of such section" and inserting in lien thereof "may withdraw 
all or part of a Thrift Savings Fund account under sub-
section (b) (2), (3), or (4) of section 8433 of this title or 
change a withdrawal election"; and 
(B) by adding at the end thereof "A married employee 
or Member (or former employee or Member) may make 
a withdrawal from a Thrift Savings Fund account under 
110 STAT. 3009-377 
PUBLIC LAW 104-208—SEPT. 30, 1996 
subsection (c)(1) of section 8433 of this title only if the 
employee or Member (or former employee or Member) satis-
fies the requirements of subparagraph (B)."; 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking out "An election, change of election, 
or modification of the commencement date of a deferred 
annuity" and inserting in lieu thereof "An election 
or change of election"; and 
(ii) by striking out "modification, or transfer" and inserting 
in lien thereof "or transfer"; and 
(B) in paragraph (2) in the matter following subpara-
graph (B)(ii) by striking out "modification,"; 
(3) in subsection (e)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by inserting "or withdrawal" after "A loan"; 
(II) by inserting "and (h)" after "8433(g)"; and 
(III) by inserting "or withdrawal" after "such 
loan"; 
(ii) in subparagraph (B) by inserting "or with-
drawal" after "loan"; and 
(iii) in subparagraph (C)— 
(I) by inserting "or withdrawal" after "to a 
loan"; and 
(II) by inserting "or withdrawal" after "for such 
loan"; and 
(B) in paragraph (2)— 
(i) by inserting "or withdrawal" after "loan"; and 
(ii) by inserting "and (h)" after "8344(g)"; and 
(4) in subsection (g)— 
(A) by inserting "or withdrawals" after "loans"; and 
(B) by inserting "and (h)" after "8344(g)". 
SEC. 205. DE MINIMUS ACCOUNTS RELATING TO THE JUDICIARY 
(a) JUSTICES AND JUDGES.—Section 8440a(b)(7) of title 5, United 
States Code, is amended— 
(1) by striking out "$3,500 or less" and inserting in lieu 
thereof "less than an amount that the Executive Director pre-
scribes by regulation"; and 
(2) by striking out "unless the justice or judge elects, at 
such time and otherwise in such manner as the Executive 
Director prescribes, one of the options available under section 
8433(b)". 
(b) BANKRUPTCY JUDGES AND MAGISTRATES.—Section 8440b(b) 
of title 5, United States Code, is amended— 
(1) in paragraph (7) in the first sentence by inserting 
"of the distribution" after "equal to the amount"; and 
(2) in paragraph (8)— 
(A) by striking out "$3,500 or less" and inserting in 
lieu thereof "less than an amount that the Executive Direc-
tor prescribes by regulation"; and 
(B) by striking out "unless the bankruptcy judge or 
magistrate elects, at such time and otherwise in such man-
ner as the Executive Director prescribes, one of the options 
available under subsection (b)". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-378 
(c) FEDERAL CLAIMS JUDGES.—Section 8440c(b) of title 5, United 
States Code, is amended— 
(1) in paragraph (7) in the first sentence by inserting 
"of the distribution" after "equal to the amount"; and 
(2) in paragraph (8)— 
(A) by striking out "$3,500 or less" and inserting in 
lieu thereof "less than an amount that the Executive Direc-
tor prescribes by regulation"; and 
(B) by striking out "unless the judge elects, at such 
time and otherwise in such manner as the Executive Direc-
tor prescribes, one of the options available under section 
8433(b)". 
SEC. 206. DEFINITION OF BASIC PAY 
(a) IN GENERAL.—(1) Section 8401(4) of title 5, United States 
Code, is amended by striking out "except as provided in subchapter 
III of this chapter,". 
(2) Section 8431 of title 5, United States Code, is repealed. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—(1) The table 
of sections for chapter 84 of title 5, United States Code, is amended 
by striking out the item relating to section 8431. 
(2) Section 5545a(h)(2)(A) of title 5, United States Code, is 
amended by striking out "8431,". 
(3) Section 615(f) of the Treasury, Postal Service, and General 
Government Appropriations Act, 1996 (Public Law 104-52; 109 
Stat. 500; 5 U.S.C. 5343 note) is amended by striking out "section 
8431 of title 5, United States Code,". 
SEC. 207. EFFECTIVE DATE 
5 USC 5545a 
This title shall take effect on the date of the enactment of 
this Act and withdrawals and elections as provided under the 
amendments made by this title shall be made at the earliest prac-
ticable date as determined by the Executive Director in regulations. 
SEC. 660. Notwithstanding Section 613, interagency financing 
is authorized to carry out the purposes of the National Bioethics 
Advisory Commission. 
SEC. 661. (a) DESIGNATION,—^The United States courthouse to 
be constructed at 111 South 18th Plaza, Omsiha, Nebraska, shall 
be known and designated as the "Roman L. Hruska United States 
Courthouse". 
(b) REFERENCES.—^Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the United 
States courthouse referred to in section 1 shall be deemed to be 
a reference to the "Roman L. Hruska United States Courthouse". 
SEC. 662. (a) PROVISIONS RELATING TO TITLE 39, UNITED STATES 
CODE.— 
(1) APPOINTMENT AND REMOVAL OF INSPECTOR GENERAL.— 
Section 202 of title 39, United States Code, is amended by 
adding at the end the following: 
"(e)(1) The Grovemors shall appoint and shall have the power 
to remove the Inspector General. 
"(2) The Inspector General shall be appointed— 
"(A) for a term of 7 years; 
"(B) without regard to political affiliation; and 
"(C) solely on the basis of integrity and demonstrated abil-
ity in accounting, auditing, financial analysis, law, management 
analysis, public administration, or investigations. 
110 STAT. 3009-379 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(3) The Inspector General may at any time be removed upon 
the written concurrence of at least 7 Governors, but only for cause. 
Nothing in this subsection shall be considered to exempt the Gov-
ernors from the requirements of section 8G(e) of the Inspector 
General Act of 1978.". 
(2) DEFINITION.—Section 102 of title 39, United States 
Code, is amended— 
(A) by striking "and" at the end of paragraph (2); 
(B) by striking the period at the end of paragraph 
(3) and inserting "; and"; and 
(C) by adding at the end the following: 
"(4) 'Inspector General' means the Inspector General 
appointed under section 202(e) of this title.". 
39 use 2009 
(3) SEPARATE ITEM IN ANNUAL BUDGET.—For purposes of 
note. 
the fifth sentence of section 2009 of title 39, United States 
Code, the operations of the Office of Inspector General of the 
United States Postal Service shall be considered a major type 
of activity, 
(b) AMENDMENTS TO THE INSPECTOR GENERAL ACT OF 1978.— 
(1) GOVERNORS AS HEAD OF THE POSTAL SERVICE.—Section 
8G(a)(4) of the Inspector General Act of 1978 (5 U.S.C. App.) 
is amended by striking "except that" and all that follows 
through the semicolon and inserting "except that— 
"(A) with respect to the National Science Foundation, 
such term means the National Science Board; and 
"(B) with respect to the United States Postal Service, 
such term means the Governors (within the meaning of 
section 102(3) of title 39, United States Code);". 
(2) SPECIAL RULES RELATING TO THE UNITED STATES POSTAL 
SERVICE.—Subsection (f) of section 8G of such Act is amended 
to read as follows: 
"(f)(1) For purposes of carrying out subsection (c) with respect 
to the United States Postal Service, the appointment provisions 
of section 202(e) of title 39, United States Code, shall be applied. 
"(2) In carrying out the duties and responsibilities specified 
in this Act, the Inspector General of the United States Postal 
Service (hereinafter in this subsection referred to as the 'Inspector 
General') shall have oversight responsibility for all activities of 
the Postal Inspection Service, including any internal investigation 
performed by the Postal Inspection Service. The Chief Postal Inspec-
tor shall promptly report the significant activities being carried 
out by the Postal Inspection Service to such Inspector General. 
"(3)(A)(i) Notwithstanding subsection (d), the Inspector General 
shall be under the authority, direction, and control of the Governors 
with respect to audits or investigations, or the issuance of subpoe-
nas, which require access to sensitive information concerning— 
"(I) ongoing civil or criminal investigations or proceedings; 
"(II) undercover operations; 
"(III) the identity of confidential sources, including pro-
tected witnesses; 
"(IV) intelligence or counterintelligence matters; or 
"(V) other matters the disclosure of which would constitute 
" 
a serious threat to national security. 
"(ii) With respect to the information described under clause 
(i), the Governors may prohibit the Inspector (General from carrying 
out or completing any audit or investigation, or from issuing any 
subpoena, after such Inspector General has decided to initiate, 
PUBLIC LAW 104-20&—SEPT. 30, 1996 
110 STAT. 3009-380 
carry out, or complete such audit or investigation or to issue such 
subpoena, if the Governors determine that such prohibition is nec-
essary to prevent the disclosure of any information described under 
clause (i) or to prevent the significant impairment to the national 
interests of the United States. 
"(iii) If the Grovemors exercise any power under clause (i) or 
(ii), the Governors shall notify the Inspector General in writing 
stating the reasons for such exercise. Within 30 days after receipt 
of £iny such notice, the Inspector General shall transmit a copy 
of such notice to the Committee on Governmental Affairs of the 
Senate and the Committee on Government Reform and Oversight 
of the House of Representatives, and to other appropriate commit-
tees or subcommittees of the Congress. 
"(B) In carrying out the duties and responsibilities specified 
in this Act, the Inspector General— 
"(i) may initiate, conduct and supervise such audits and 
investigations in the United States Postal Service as the Inspec-
tor General considers appropriate; and 
"(ii) shall give psirticular regard to the activities of the 
Postal Inspection Service with a view toward avoiding duplica-
tion and insuring effective coordination and cooperation. 
"(C) Any report required to be trsmsmitted by the Governors 
to the appropriate committees or subcommittees of the Congress 
under section 5(d) shall also be transmitted, within the seven-
day period specified under such section, to the Committee on 
Governmental Affairs of the Senate and the Committee on Govern-
ment Reform and Oversight of the House of Representatives. 
"(3) Nothing in this Act shall restrict, eliminate, or otherwise 
adversely affect any of the rights, privileges, or benefits of either 
employees of the United States Postal Service, or labor organiza-
tions representing employees of the United States Postal Service, 
under chapter 12 of title 39, United States Code, the National 
Labor Relations Act, any handbook or manual affecting employee 
labor relations with the United States Postal Service, or any collec-
tive bargaining agreement. 
"(4) As used in this subsection, the term 'Governors' has the 
meaning given such term by section 102(3) of title 39, United 
States Code.". 
(3) TECHNICAL CORRECTION.—The Inspector General Act 
of 1978 is amended by redesignating the second section which 5 USC app. 
is designated as section 8G as section 8H. 
(c) PROVISIONS RELATING TO COMPENSATION.— 
(1) INSPECTOR GENERAL.—Section 5315 of title 5, United 
States Code, is amended by adding at the end the following: 
"Inspector Greneral, United States Postal Service.". 
The amendment made by the preceding sentence shall apply not- 5 USC 5315 note, 
withstanding section 410 or any other provision of title 39, United 
States Code. 
(2) OFFICERS AND EMPLOYEES OF THE OFFICE OF INSPECTOR 
GENERAL OF THE UNITED STATES POSTAL SERVICE; POSTAL 
INSPECTORS.— 
(A) IN GENERAL.—Section 1003 of title 39, United 
States Code, is amended— 
(i) by redesignating subsection (b) as subsection 
(d); and 
(ii) by inserting after subsection (a) the following: 
110 STAT. 3009-381 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(b) Compensation and benefits for all officers and employees 
serving in or under the Office of Inspector General of the United 
States Postal Service shall be maintained on a standard of com-
parability to the compensation and benefits paid for comparable 
levels of work in the respective Offices of Inspector General of 
the various establishments named in section 11(2) of the Inspector 
General Act of 1978. 
"(c) Compensation and benefits for all Postal Inspectors shall 
be maintained on a standard of comparability to the compensation 
and benefits paid for comparable levels of work in the executive 
branch of the Government outside of the Postal Service. As used 
in this subsection, the term 'Postal Inspector' included any agent 
to whom any investigative powers are granted under section 3061 
of title 18.". 
(B) CONFORMING AMENDMENT.—The first sentence of 
section 1003(a) of title 39, United States Code, is amended 
by striking "chapters 2 and 12 of this title" and inserting 
"chapters 2 and 12 of this title, section 8G of the Inspector 
General Act of 1978,". 
39 use 2802 
(d) STRATEGIC PLANS.— 
note. 
(1) OFFICE OF INSPECTOR GENERAL OF THE UNITED STATES 
POSTAL SERVICE.— 
(A) IN GENERAL.—Strategic plans shall be prepared 
under this paragraph addressing staffing requirements, 
general goals and objectives for major functions and oper-
ations of the Office of Inspector General of the United 
States Postal Service, and how goals and objectives of 
the Office are to be achieved, including a description of 
operational processes, skills and technology, and the 
human, capital, information, and other resources required 
to meet those goals and objectives. 
(B) SPECIFIC REQUIREMENTS.—Plans under this para-
graph— 
(i) shall be prepared by the Inspector General of 
the United States Postal Service; 
(ii) shall each cover a 5-year period (the beginning 
and ending dates of which shall be specified in each 
such plan); and 
(iii) shall be included, as part of the annual budget 
required under section 2009 of title 39, United States 
Code, at least every 3 years. 
(C) FIRST SUBMISSION.—^The first plan under this para-
graph shall be prepared in time to be included with the 
annual budget under section 2009 of title 39, United States 
Code, next due to be submitted after the end of the 6-
month period beginning on the date of the appointment 
of the first Inspector General to be appointed pursuant 
to the amendments made by this section. 
(2) POSTAL INSPECTION SERVICE.—^The Chief Postal Inspec-
tor shall, with respect to the Postal Inspection Service, prepare 
a strategic plan similar in content to that required under para-
graph (1)(A) with respect to the Office of Inspector General 
of the United States Postal Service. Such plan shall be prepared 
in time to be included with the annual budget under section 
2009 of such title 39 next due to be submitted after the end 
of the 30-day period beginning on the date of the enactment 
of this Act. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-382 
(e) FIRST APPOINTMENT; TRANSFERS; TRANSITION PROVISION.— 39 use 201 note. 
(1) FIRST APPOINTMENT.—The first Inspector General of 
the United States Postal Service appointed pursuant to the 
amendments made by this section shall be appointed before 
the end of the 90-day period beginning on the date of the 
enactment of this Act. 
(2) TRANSFERS.— 
(A) IN GENERAL.—^All measures described in section 
8G(b) of the Inspector General Act of 1978 necessary to 
establish an Office of Inspector General within the United 
States Postal Service pursuant to this section, including 
all appropriate transfers, shall occur— 
(i) no earlier than the date the appointment under paragraph 
(1) is made; and 
(ii) no later than 60 days after the date the appointment under 
paragraph (1) is made. 
(B) PROVISIONS RELATING TO PERSONNEL.— 
(i) CONSULTATION.—Decisions concerning which personnel are 
to be transferred pursuant to subparagraph (A) shall be made 
by the Governors (within the meaning of section 102(3) of title 
39, United States Code) in consultation with the Inspector General 
appointed under paragraph (1). 
(ii) TRANSFERRED PERSONNEL.—Personnel transferred pursuant 
to subparagraph (A) shall, to the extent not inconsistent with other 
provisions of this subsection, be transferred in accordance with 
applicable laws and regulations relating to the transfer of functions 
within the United States Postal Service, except that, notwithstand-
ing any provision of section 1003(b) of title 39, United States Code, 
as amended by this section, the classification and compensation 
of such personnel shall not be reduced, by reason of having been 
transferred, for 1 year after being so transferred. 
(3) TRANSITION PROVISION.—^The Chief Postal Inspector may 
continue to serve as Inspector General of the United States 
Postsd Service until the date on which an Inspector General 
is appointed under paragraph (1) or, if earlier, the end of 
the period referred to in such paragraph. Compensation for 
any service under this paragraph shall be determined as if 
this section had not been enacted. 
(D TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) Section 410(b) of title 39, United States Code, is amend-
ed— 
(A) by striking "and" at the end of paragraph (9); 
and 
(B) by amending paragraph (10) to read as follows: 
"(10) the Inspector General Act of 1978; and" 
(2)(A) Section 204 of such title 39 is amended— 
(i) by amending the section heading to read as follows: 
*
*
§ 204. General Counsel; Judicial Officer; Chief Postal Inspec-
tor^; 
(ii) in the first sentence by striking "and a Judicial Officer." 
and inserting "a Judicial Officer, and a Chief Postal Inspector."; 
(iii) in the second sentence by striking "and the Judicial Officer" 
and inserting "the Judicial Officer, and the Chief Postal Inspector"; 
and 
(iv) by adding at the end the following: "The Chief Postal 
Inspector shall report to, and be under the general supervision 
29-194 O - 96 - 18: QL 3 Part 4 
110-STAT. 3009-383 
PUBLIC LAW 104-208—SEPT. 30, 1996 
of, the Postmaster General. The Postmaster General shall promptly 
notify the Governors and both Houses of Congress in writing if 
he or she removes the Chief Postal Inspector or transfers the 
Chief Postal Inspector to another position or location within the 
Postal Service, and shall include in any such notification the reasons 
for the removal or transfer.". 
(B) The table of sections for chapter 2 of such title 39 
is amended by striking the item relating to section 204 and 
inserting the following: 
"204. General Counsel; Judicial Officer; Chief Postal Inspector.". 
5 u s e 5597 note. 
S E C . 663. VOLUNTARY SEPARATION INCENTIVES FOR EMPLOYEES 
OF CERTAIN FEDERAL AGENCIES.—(a) DEFINITIONS.—For the pur-
poses of this section— 
(1) the term "agency" means any Executive agency (as 
defined in section 105 of title 5, United States Code), other 
than an Executive agency (except an agency receiving such 
authority in the Department of Transportation Appropriations 
Act, 1997) that is authorized by any other provision of this 
Act or any other Act to provide voluntary separation incentive 
payments during all, or any part of, fiscal year 1997; and 
(2) the term "employee" means an employee (as defined 
by section 2105 of title 5, United States Code) who is employed 
by an agency, is serving under an appointment without time 
limitation, and has been currently employed for a continuous 
period of at least 3 years, but does not include— 
(A) a reemployed annuitant under subchapter III of 
chapter 83 or chapter 84 of title 5, United States Code, 
or another retirement system for employees of the agency; 
(B) an employee having a disability on the basis of 
which such employee is or would be eligible for disability 
retirement under subchapter III of chapter 83 or chapter 
84 of title 5, United States Code, or another retirement 
system for employees of the agency; 
(C) an employee who is in receipt of a specific notice 
of involuntary separation for misconduct or unacceptable 
performance; 
(D) an employee who, upon completing an additional 
period of service as referred to in section 3(b)(2)(B)(ii) of 
the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 
5597 note), would qualify for a voluntary separation incen-
tive payment under section 3 of such Act; 
(E) an employee who has previously received any vol-
untary separation incentive payment by the Federal 
Government under this section or any other authority and 
has not repaid such payment; 
(F) an employee covered by statutory reemployment 
rights who is on transfer to another organization; or 
(G) any employee who, during the twenty four month 
period preceding the date of separation, has received a 
recruitment or relocation bonus under section 5753 of title 
5, United States Code, or who, within the twelve month 
period preceding the date of separation, received a retention 
allowance under section 5754 of title 5, United States Code. 
(b) AGENCY STRATEGIC PLAN.— 
(1) IN GENERAL.—^The head of each agency, prior to obligat-
ing any resources for voluntary separation incentive payments, 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-384 
shall submit to the House and Senate Committees on Appro-
priations and the Committee on Governmental Affairs of the 
Senate and the Committee on Government Reform and Over-
sight of the House of Representatives a strategic plan outlining 
the intended use of such incentive payments and a proposed 
organizational chart for the agency once such incentive pay-
ments have been completed. 
(2) CONTENTS.—^The agency's plan shall include— 
(A) the positions and functions to be reduced or elimi-
nated, identified by organizational unit, geographic loca-
tion, occupational category and grade level; 
(B) the number and amounts of voluntary separation 
incentive payments to be offered; and 
(C) a description of how the agency will operate without 
the eliminated positions and functions. 
(c) AUTHORITY TO PROVIDE VOLUNTARY SEPARATION INCENTIVE 
PAYMENTS.— 
(1) IN GENERAL.—^A voluntary separation incentive payment 
under this section may be paid by an agency to any employee 
only to the extent necessary to eliminate the positions and 
functions identified by the strategic plan. 
(2) AMOUNT AND TREATMENT OF PAYMENTS.—A voluntary 
separation incentive payment— 
(A) shall be paid in a lump sum after the employee's 
separation; 
(B) shall be paid from appropriations or funds available 
for the payment of the basic pay of the employees; 
(C) shall be equal to the lesser of— 
(i) an amount equal to the amount the employee 
would be entitled to receive under section 5595(c) of 
title 5, United States Code; or 
(ii) an amount determined by the agency head 
not to exceed $25,000; 
(D) may not be made except in the case of any qualify-
ing employee who voluntarily separates (whether by retire-
ment or resignation) before December 31, 1997; 
(E) shall not be a basis for payment, and shall not 
be included in the computation, of any other type of Govern-
ment benefit; and 
(F) shall not be taken into account in determining 
the amount of any severance pay to which the employee 
may be entitled under section 5595 of title 5, United States 
Code, based on any other separation. 
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT 
FUND.— 
(1) IN GENERAL.—In addition to any other payments which 
it is required to make under subchapter III of chapter 83 
of title 5, United States Code, an agency shall remit to the 
Office of Personnel Management for deposit in the Treasury 
of the United States to the credit of the Civil Service Retirement 
and Disability Fund an amount equal to 15 percent of the 
final basic pay of each employee of the agency who is covered 
under subchapter III of chapter 83 or chapter 84 of title 5, 
United States Code, to whom a voluntary separation incentive 
has been paid under this section. 
(2) DEFINITION.—For the purpose of paragraph (1), the 
term "final basic pay", with respect to an employee, means 
110 STAT. 3009-385 
PUBLIC LAW 104-208—SEPT. 30, 1996 
the total amount of basic pay which would be payable for 
a year of service by such employee, computed using the employ-
ee's final rate of basic pay, and, if last serving on other than 
a full-time basis, with appropriate adjustment therefor. 
(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERN-
MENT.—^An individual who has received a voluntary separation 
incentive payment under this section and accepts any emplo)anent 
for compensation with the Government of the United States, or 
who works for any agency of the United States Government through 
a personal services contract, within 5 years after the date of the 
separation on which the payment is based shall be required to 
pay, prior to the individual's first day of employment, the entire 
amount of the incentive payment to the agency that paid the 
incentive payment. 
(f) REDUCTION OF AGENCY EMPLOYMENT LEVELS.— 
(1) IN GENERAL.—^The total number of funded employee 
positions in the agency shall be reduced by one position for 
each vacancy created by the separation of any employee who 
has received, or is due to receive, a voluntary separation incen-
tive payment under this section. For the purposes of this sub-
section, positions shall be counted on a full-time-equivalent 
basis. 
(2) ENFORCEMENT.—^The President, through the Office of 
Management and Budget, shall monitor the agency and take 
any action necessary to ensure that the requirements of this 
subsection are met. 
(g) EFFECTIVE DATE.—^This section shall take effect October 
1, 1996. 
SECTION 664. ELECTRONIC BENEFIT TRANSFER PILOT. 
Title 31, United States Code, is amended by inserting after 
section 3335 the following new section: 
"SEC. 3336. Electronic beneHt transfer pilot 
"(a) The Congress finds that: 
"(1) Electronic benefit transfer (EBT) is a safe, reliable, 
and economical way to provide benefit payments to individuals 
who do not have an account at a financial institution. 
"(2) The designation of financial institutions as financial 
agents of the Federal Government for EBT is an appropriate 
and reasonable use of the Secretary's authority to designate 
financial agents. 
"(3) A joint federal-state EBT system offers convenience 
and economies of scale for those states (and their citizens) 
that wish to deliver state-administered benefits on a single 
card by entering into a partnership with the federal govern-
ment. 
"(4) The Secretary's designation of a financial agent to 
deliver EBT is a specialized service not available through ordi-
nary business channels and may be offered to the states pursu-
ant to section 6501 et seq. of this title. 
"(b) The Secretary shall continue to carry out the existing 
EBT pilot to disburse benefit payments electronically to recipients 
who do not have an account at a financial institution, which shall 
include the designation of one or more financial institution as 
a financial agent of the Government, and the offering to the partici-
pating states of the opportunity to contract with the financial agent 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-386 
selected by the Secretary, as described in the Invitation for Expres-
sions of Interest to Acquire EBT Services for the Southern AlHance 
of States dated March 9, 1995, as amended as of June 30, 1995, 
July 7, 1995, and August 1, 1995. 
["(c) The selection and designation of financial agents, the 
design of the pilot program, and any other matter associated with 
or related to the EBT pilot described in subsection (b) shall not 
be subject to judicial review."] 
SECTION 2. DESIGNATION OF FINANCIAL AGENTS 
1. 12 U.S.C. 90 is amended by adding at the end thereof 
the following: 
"Notwithstanding the Federal Property and Administrative Services 
Act of 1949, as amended, the Secretary may select associations 
as financial agents in accordance with any process the Secretary 
deems appropriate and their reasonable duties may include the 
provision of electronic benefit transfer services (including State-
administered benefits with the consent of the States), as defined 
by the Secretary.". 
2. Make conforming amendments to 12 U.S.C. 265, 266, 391, 
1452(d), 1767, 1789a, 2013, 2122 and to 31 U.S.C. 3122 and 3303. 
TITLE VII—COUNTER-TERRORISM AND DRUG LAW 
ENFORCEMENT 
DEPARTMENT OF THE TREASURY 
DEPARTMENTAL OFFICES 
SALARIES AND EXPENSES 
For an additional amount for the necessary expenses of the 
Office of Foreign Assets Control, $288,000: Provided, That of the 
amount provided, $288,000 is designated by Congress as an emer-
gency requirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985, as amend-
ed. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For an additional amount for the necessary expenses of the 
Office of Inspector General, $34,000, to remain available until 
expended: Provided, That of the amount provided, $34,000 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. 
COUNTERTERRORISM FUND 
For necessary expenses, as determined by the Secretary, 
$15,000,000, to remain available until expended, to reimburse any 
Department of the Treasury organization for the costs of providing 
support to counter, investigate, or prosecute terrorism, including 
payment of rewards in connection with these activities: Provided, 
That the entire amount of this appropriation shall be available 
only to the extent that an official budget request for a specific 
dollar amount, that includes designation of the entire amount of 
110 STAT. 3009-387 
PUBLIC LAW 104-208--SEPT. 30, 1996 
the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, is transmitted 
by the President to Congress: Provided further, That the entire 
amount is designated by Congress as an emergency appropriation 
pursuant to section 251(b)(2)(D)(i) of such Act. 
FEDERAL LAW ENFORCEMENT TRAINING CENTER 
SALARIES AND EXPENSES 
For an additional amount for the necessary expenses of the 
Federal Law Enforcement Training Center, $1,354,000, to remain 
available until expended: Provided, That of the amount provided, 
$1,354,000 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. 
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED 
EXPENSES 
For an additional amount for the necessary expenses for the 
acquisition, construction, improvement, and related expenses, 
$2,700,000, to remain available until expended: Provided, 
That 
of the amount provided, $2,700,00 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. 
FINANCIAL MANAGEMENT SERVICE 
SALARIES AND EXPENSES 
For an additional amount for the necessary expenses of the 
Financial Management Service, $449,000, to remain available until 
expended: Provided, That of the amount provided, $449,000 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. 
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS 
SALARIES AND EXPENSES 
For an additional amount for the necessary expenses of the 
Bureau of Alcohol, Tobacco and Firearms, $66,423,000; of which 
$3,500,000 shall be available for the construction and expansion 
of a canine training facility, to remain available until expended; 
of which $3,000,000 shall be available for conducting a study of 
car bomb explosives, to remain available until expended; and of 
which $6,700,000, to remain available until expended, for relocation 
of the Bureau's headquarters building and laboratory facilities; 
Provided, That of the amount provided, $66,423,000 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 104-208—SEPT. 30, 1996 
110 STAT. 3009-388 
UNITED STATES CUSTOMS SERVICE 
SALARIES AND EXPENSES 
For an additional amount for the necessary expense of the 
United States Customs Service, $62,335,000; of which not to exceed 
$26,400,000 shall be available until expended for funding non-
competitive cooperative agreements with air carriers, airports, or 
other cargo authorities, which provide for the Customs Service 
to purchase and assist in installing advanced air cargo inspection 
equipment for the joint use of such entities and the United States 
Customs 
Service: Provided, 
That 
of the 
amount 
provided, 
$62,335,000 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. 
INTERNAL REVENUE SERVICE 
PROCESSING, ASSISTANCE AND MANAGEMENT 
For an additional amount for the necessary expenses for the 
processing, assistance and management, $10,488,000, to remain 
available until expended: Provided, That of the amount provided, 
$10,488,000 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. 
UNITED STATES SECRET SERVICE 
SALARIES AND EXPENSES 
For an additional amount for the necessary expenses of the 
United States Secret Service $3,026,000, to remain available until 
expended: Provided, That of the amount provided, $3,026,000 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. 
INDEPENDENT AGENCIES 
OFFICE OF PERSONNEL MANAGEMENT 
SALARIES AND EXPENSES 
For an additional amount for the necessary expenses of the 
Office of Personnel Management $210,000, to remain available until 
expended: Provided, That of the amount provided, $210,000 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. 
110 STAT. 3009-389 
PUBLIC LAW 104-208—SEPT. 30, 1996 
FUNDS APPROPRIATED TO THE PRESIDENT 
FEDERAL DRUG CONTROL PROGRAMS 
SPECL\L FORFEITURE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For activities authorized by Public Law 100-690, as amended, 
$112,900,000, of which $42,000,000 shall be transferred to the 
United States Customs Service for the conversion of one P-3AEW 
aircraft for the air interdiction program; of which $10,000,000 shall 
be available for transfer to other FedereJ agencies for methamphet-
amine reduction efforts; and of which $60,900,000 shall be available 
to the Director of the Office of National Drug Control Policy for 
enhancing other drug control activities, including transfer to other 
Federal 
agencies: Provided, 
That 
of the 
amount 
provided, 
$112,900,000 is designated by Congress as an emergency require-
ment pursuant to section 251(b)(2XD)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended to become 
available only upon receipt by the Congress of a supplemental 
request from the President requesting such designation. 
Federal Financial 
TITLE VIII—FEDERAL FINANCIAL MANAGEMENT 
Management 
IMPROVEMENT 
Improvement Act 
31 use 3512 
^^^* ^** SHORT TITLE 
note. 
This title may be cited as the "Federal Financial Management 
Improvement Act of 1996." 
31 use 3512 
SEC. 802. FINDINGS AND PURPOSES. 
^^' 
(a) FINDINGS,—^The Congress finds the following: 
(1) Much effort has been devoted to strengthening Federal 
internal accounting controls in the past. Although progress 
has been made in recent years. Federal accounting standards 
have not been uniformly implemented in financial management 
systems for agencies. 
(2) Federal financial management continues to be seriously 
deficient, and Federal financial management and fiscal prac-
tices have failed to— 
(A) identify costs fully; 
(B) reflect the total liabilities of congressional actions; 
and 
(C) accurately report the finsmcial condition of the 
Federal Government. 
(3) Current Federal accounting practices do not accurately 
report financial results of the Federal Grovemment or the full 
costs of programs and activities. The continued use of these 
practices undermines the Government's ability to provide credi-
ble and reliable financial data and encourages already wide-
spread Government waste, and will not assist in achieving 
a balanced budget. 
(4) Waste and inefficiency in the Federal Government 
undermine the confidence of the American people in the govern-
ment and reduce the federal Government's ability to address 
vital public needs adequately. 
(5) To rebuild the accountability and credibility of the Fed-
eral Government, and restore public confidence in the Federal 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-390 
Government, agencies must incorporate accounting standards 
and reporting objectives established for the Federal Govern-
ment into their financial management systems so that all the 
assets and liabilities, revenues, and expenditures or expenses, 
and the full costs of programs and activities of the Federal 
Government can be consistently and accurately recorded, mon-
itored, and uniformly reported throughout the Federal Govern-
ment. 
(6) Since its establishment in October 1990, the Federal 
Accounting Standards Advisory Board (hereinafter referred to 
as the "FASAB") has made substantial progress toward develop-
ing and recommending a comprehensive set of accounting con-
cepts and standards for the Federal Government. When the 
accounting concepts and standards developed by FASAB are 
incorporated into Federal financial management systems, agen-
cies will be able to provide cost and financial information that 
will assist the Congress and financial managers to evaluate 
the cost and performance of Federal programs and activities, 
and will therefore provide important information that has been 
lacking, but is needed for improved decision making by financial 
managers and the Congress. 
(7) The development of financial management systems with 
the capacity to support these standards and concepts will, over 
the long term, improve Federal financial management. 
(b) PURPOSE—^The purposes of this Act are to— 
(1) provide for consistency of accounting by an agency from 
one fiscal year to the next, and uniform accounting standards 
throughout the Federal Government; 
(2) require Federal financial management systems to sup-
port full disclosure of Federal financial data, including the 
full costs of Federal programs and activities, to the citizens, 
the Congress, the President, and agency management, so that 
programs and activities can be considered based on their full 
costs and merits; 
(3) increase the accountability and credibility of federal 
financial management; 
(4) improve performance, productivity and efficiency of Fed-
eral Government financial management; 
(5) establish financial management systems to support 
controlling the cost of Federal Government; 
(6) build upon and complement the Chief Financial Officers 
Act of 1990 (Public Law 101-576; 104 Stat 2838), the Govern-
ment Performance and Results Act of 1993 (Public Law 103-
62 107 Stat. 285) and the Government Management Reform 
Act of 1994 (Public Law 103-356; 108 Stat. 3410); and 
(7) increase the capability of agencies to monitor execution 
of the budget by more readily permitting reports that compare 
spending of resources to results of activities. 
SEC. 803. IMPLEMENTATION OF FEDERAL FINANCIAL MANAGEMENT 
31 USC 3512 
IMPROVEMENTS. 
note. 
(a) IN GENERAL.—Each agency shall implement and maintain 
financial management systems that comply substantially with Fed-
eral financial management systems requirements, applicable Fed-
eral accounting standards, and the United States Gk)vernment 
Standard General Ledger at the transaction level. 
(b) AUDIT COMPLIANCE 
FINDING.— 
110 STAT. 3009-391 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(1) IN GENERAL.—Each audit required by section 3521(e) 
of title 31, United States Code, shall report whether the agency 
financial management systems comply with the requirements 
of subsection (a). 
(2) CONTENT OF REPORTS.—When the person performing 
the audit required by section 3521(e) of title 31, United States 
Code, reports that the agency financial management systems 
do not comply with the requirements of subsection (a), the 
person performing the audit shall include in the report on 
the audit— 
(A) the entity or organization responsible for the finan-
cial management systems that have been found not to 
comply with the requirements of subsection (a); 
(B) all facts pertaining to the failure to comply with 
the requirements of subsection (a), including— 
(i) the nature and extent of the noncompliance 
including areas in which there is substantial but not 
full compliance; 
(ii) the primary reason or cause of the noncompli-
ance; 
(iii) the entity or organization responsible for the 
non-compliance; and 
(iv) any relevant comments from any responsible 
officer or employee; and 
(C) a statement with respect to the recommended 
remedial actions and the time frames to implement such 
actions. 
(c) COMPLIANCE IMPLEMENTATION.— 
(1) DETERMINATION.—No later than the date described 
under paragraph (2), the Head of an agency shall determine 
whether the financial management systems of the agency com-
ply with the requirements of subsection (a). Such determination 
shall be based on— 
(A) a review of the report on the applicable agency-
wide audited financial statement; 
(B) any other information the Head of the agency 
considers relevant and appropriate. 
(2) DATE OF DETERMINATION.—^The determination under 
paragraph (1) shall be made no later than 120 days after 
the earlier of— 
(A) the date of the receipt of an agency-wide audited 
financial statement; or 
(B) the last day of the fiscal year following the year 
covered by such statement. 
(3) REMEDIATION PLAN.— 
(A) If the Head of an agency determines that the 
agencys financial management systems do not comply with 
the requirements of subsection (a), the head of the agency, 
in consultation with the Director, shall establish a remedi-
ation plan that shall include resources, remedies, and inter-
mediate target dates necessary to bring the agency's finan-
cial management systems into substantial compliance. 
(B) If the determination of the head of the agency 
differs from the audit compliance findings required in sub-
section (b), the Director shall review such determinations 
and provide a report on the findings to the appropriate 
committees of the Congress. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-392 
(4) TIME PERIOD FOR COMPLIANCE.—^A remediation plan 
shall bring the agency's financial management systems into 
substantial compliance no later than 3 years after the date 
a determination is made under paragraph (1), unless the 
agency, with concurrence of the Director— 
(A) determines that the agency's financial management 
systems cannot comply with the requirements of subsection 
(a) within 3 years; 
(B) specifies the most feasible date for bringing the 
agency's financial management systems into compliance 
with the requirements of subsection (a); and 
(C) designates an official of the agency who shall be 
responsible for bringing the agency's financial management 
systems into compliance with the requirements of sub-
section (a) by the date specified under subparagraph (B). 
SEC. 804. REPORTING REQUIREMENTS. 
31 USC 3512 
(a) REPORTS BY THE DIRECTOR.—No later than March 31 of ^°^' 
each year, the Director shall submit a report to the Congress 
regarding implementation of this Act. The Director may include 
the report in the financial management status report and the 5-
year financial management plan submitted under section 3512(a)( 1) 
of title 31, United States Code. 
(b) REPORTS BY THE INSPECTOR GENERAL—Each Inspector Gen-
eral who prepares a report under section 5(a) of the Inspector 
General Act of 1978 (5 U.S.C. App.) shall report to Congress in-
stances and reasons when an agency has not met the intermediate 
target dates established in the remediation plan required under 
section 3(c). Specifically the report shall include— 
(1) the entity or organization responsible for the non-
compliance; 
(2) the facts pertaining to the failure to comply with the 
requirements of subsection (a), including the nature and extent 
of the non-compliance, the primary reason or cause for the 
failure to comply, and any extenuating circumstances; and 
(3) a statement of the remedial actions needed to comply. 
(c) REPORTS BY THE COMPTROLLER GENERAL.—No later than 
October 1, 1997, and October 1, of each year thereafter, the 
Comptroller General of the United States shall report to the appro-
priate committees of the Congress concerning— 
(1) compliance with the requirements of section 3(a) of 
this Act, including whether the financial statements of the 
Federal Government have been prepared in accordance with 
applicable accounting standards; and 
(2) the adequacy of applicable accounting standards for 
the Federal Government. 
SEC. 805. CONFORMING AMENDMENTS. 
31 USC 3512 
(a) AUDITS BY AGENCIES.—Section 3521(f)(1) of title 31, United °°*®' 
States Code, is amended in the first sentence by inserting "and 
the Controller of the Office of Federal Financial Management" 
before the period. 
(b) 
FINANCIAL 
MANAGEMENT 
STATUS 
REPORT.—Section 
3512(a)(2) of title 31, United States Code, is amended by— 
(1) in subparagraph (D) by striking "and' after the semi-
colon; 
(2) by redesignating subparagraph (E) as subparagraph 
(F); and 
110 STAT. 3009-393 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(3) by inserting after subparagraph (D) the following: 
"(E) a listing of agencies whose financial management 
systems do not comply substantially with the requirements 
of Section 3(a) the Federal Financigd Management Improve-
ment Act of 1996, and a summary statement of the efforts 
underway to remedy the noncompliance; and" 
(c) INSPECTOR GENERAL ACT OF 1978.—Section 5(a) of the 
5 use app. 
Inspector General Act of 1978 is amended— 
(1) in paragraph (11) by striking "and" after the semicolon; 
(2) in paragraph (12) by striking the period and inserting 
"; and"; and 
(3) by adding at the end the following new paragraph: 
"(13) the information described under section 
05(b) of the 
Federal Financial Management Improvement Act of 1996." 
31 use 3512 
SEC. 806. DEFINITIONS. 
For purposes of this title: 
(1) AGENCY.—^The term "agency" means a department or 
agency of the United States Government as defined in section 
901(b) of title 31, United States Code. 
(2) DIRECTOR.—^The term "Director" m.eans the Director 
of the Office of Management and Budget. 
(3) FEDERAL ACCOUNTING STANDARDS.—The term "Federal 
accounting standards" means applicable accounting principles, 
standards, 
and 
requirements 
consistent 
with 
section 
902(a)(3)(A) of title 31, United States Code. 
(4) FINANCIAL MANAGEMENT SYSTEMS.—^The term "financial 
management systems" includes the financisd systems and the 
financial portions of mixed systems necessary to support finan-
cial management, including automated and manual processes, 
procedures, controls, data, hardware, software, and support 
personnel dedicated to the operation and maintenance of system 
functions. 
(5) 
FINANCIAL 
SYSTEM.—^The term "financial 
system" 
includes an information system, comprised of one or more 
applications, that is used for— 
(A) collecting, processing, maintaining, transmitting, 
or reporting data about financial events; 
(B) supporting financial planning or budgeting activi-
ties; 
(C) accumulating and reporting costs information; or 
(D) supporting the preparation of financial statements. 
(6) MIXED SYSTEM.—^The term "mixed system' means 
an information system that supports both financial and 
nonfinancial functions of the Federal Government or compo-
nents thereof. 
31 use 3512 
SEC. 807. EFFECTIVE DATE. 
This title shall take effect for the fiscal year ending September 
30,1997. 
SEC. 808. REVISION OF SHORT TITLES.— 
(a) Section 4001 of Public Law 104-106 (110 Stat. 642; 41 
U.S.C. 251 note) is amended to read as follows: 
"SEC. 4001. SHORT TITLE. 
"This division and division E may be cited as the 'Clinger-
Cohen Act of 1996'.". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-394 
(b) Section 5001 of Public Law 104-106 (110 Stat. 679; 40 
U.S.C. 1401 note) is Eimended to read as follows: 
"SEC. 5001. SHORT TITLE. 
'This division and division D may be cited as the 'Clinger-
Cohen Act of 1996'.". 
(c) Any reference in any law, regulation, document, record, 
or other paper of the United States to the Federal Acquisition 
Reform Act of 1996 or to the Information Technology Management 
Reform Act of 1996 shall be considered to be a reference to the 
Clinger-Cohen Act of 1996. 
This Act may be cited as the "Treasury, Postal Service, and 
GenergJ Grovernment Appropriations Act, 1997". 
TITLE II—ECONOMIC GROWTH AND 
REGULATORY PAPERWORK REDUCTION 
SEC. 2001. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS 
(a) SHORT TITLE.—^This title may be cited as the "Economic 
Growth and Regulatory Paperwork Reduction Act of 1996". 
(b) TABLE OF CONTENTS.—The table of contents for this title 
is as follows: 
TITLE II—ECONOMIC GROWTH AND REGULATORY 
PAPERWORK REDUCTION 
Sec. 2001. Short title; table of contents; definitions 
Subtitle A—Streamlining the Home Mortgage Lending Process 
Sec. 2101. Simplification and unification of disclosures required under 
RESPA and TILA for mortgage transactions. 
Sec. 2102. General exemption authority for loans. 
Sec. 2103. Reductions in Real Estate Settlement Procedures Act of 1974 
regulatory burdens. 
Sec. 2104. Waiver for certain borrowers. 
Sec. 2105. Alternative disclosures for a4justable rate mortgages. 
Sec. 2106. Restitution for violations of the Truth in Lending Act. 
Sec. 2107. Limitation on liability under the Truth in Lending Act. 
Subtitle B—Streamlining Government Regulation 
CHAPTER 1—ELIMINATING UNNECESSARY REGULATORY 
REQUIREMENTS AND PROCEDURES 
Sec. 2201. Elimination of redundant approval requirement for Oakar trans-
actions. 
Sec. 2202. Elimination of duplicative requirements imposed upon bank 
holding companies. 
Sec. 2203. Elimination of the per branch capital requirement for national 
banks and State member banks. 
Sec. 2204. Elimination of branch application requirements for automatic 
teller machines. 
Economic Growth 
and Regulatory 
Paperwork 
Reduction Act of 
1996. 
12 u s e 226 note. 
110 STAT. 3009-395 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Sec. 2205. Elimination of requirement for approval of investments in bank 
premises for well capitalized and well managed banks. 
Sec. 2206. Elimination of approval requirement for divestitures. 
Sec. 2207. Streamlined nonbanking acquisitions by well capitalized and 
well managed banking organizations. 
Sec. 2208. Elimination of unnecessary Hling for officer and director 
appointments. 
Sec. 2209. Amendments to the Depository Institution Management Inter-
locks Act. 
Sec. 2210. Elimination of recordkeeping and reporting requirements for 
officers. 
Sec. 2211. Repayment of Treasury loan. 
Sec. 2212. Branch closures. 
Sec. 2213. Foreign banks. 
Sec. 2214. Dispositionof foreclosed assets. 
Sec. 2215. Exemption authority for antitying provision. 
Sec. 2216. FDIC approval of new State bank powers. 
CHAPTER 2—ELIMINATING UNNECESSARY REGULATORY BURDENS 
Sec. 2221. Small bank examination cycle. 
Sec. 2222. Required review of regulations. 
Sec. 2223. Repeal of identification of nonbank financial institution cus-
tomers. 
Sec. 2224. Repeal of certain reporting requirements. 
Sec. 2225. Increase in home mortgage disclosure exemption threshold. 
Sec. 2226. Elimination of stock loan reporting requirement. 
Sec. 2227. Credit availability assessment. 
CHAPTER 3—REGULATORY MICROMANAGEMENT 
Sec. 2241. National bank directors. 
Sec. 2242. Paperwork reduction review. 
Sec. 2243. State bank representation on Board of Directors of the FDIC. 
Sec. 2244. Consultation among examiners. 
Subtitle C—Regulatory Impact on Cost of Credit and Credit 
Availability 
Sec. 2301. Audit costs. 
Sec. 2302. Incentives for self-testing. 
Sec. 2303. Qualified thrift investment amendments. 
Sec. 2304. Limited purpose banks. 
Sec. 2305. Amendment to Fair Debt Collection Practices Act. 
Sec. 2306. Increase in certain credit union loan ceilings. 
Sec. 2307. Bank investments in Edge Act and agreement corporations. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-396 
Subtitle D—Consumer Credit 
CHAPTER 1—CREDIT REPORTING REFORM 
Sec. 2401. Short title. 
Sec. 2402. DeHnitions. 
Sec. 2403. Furnishing consumer reports; use for employment purposes. 
Sec. 2404. Use of consumer reports for prescreening and direct marketing; 
prohibition on unauthorized or uncertified use of information. 
Sec. 2405. Consumer consent required to furnish consumer report contain-
ing medical information. 
Sec. 2406. Obsolete information and information contained in consumer 
reports. 
Sec. 2407. Compliance procedures. 
Sec. 2408. Consumer disclosures. 
Sec. 2409. Procedures in case of the disputed accuracy of any information 
in a consumer's file. 
Sec. 2410. Charges for certain disclosures. 
Sec. 2411. Duties of users of consumer reports. 
Sec. 2412. Civil liability. 
Sec. 2413. Responsibilities of persons who furnish information to consumer 
reporting agencies. 
Sec. 2414. Investigative consumer reports. 
Sec. 2415. Increased criminal penalties for obtaining information under 
false pretenses. 
Sec. 2416. Administrative enforcement. 
Sec. 2417. State enforcement of Fair Credit Reporting Act. 
Sec. 2418. Federal Reserve Board authority. 
Sec. 2419. Preemption of State law. 
Sec. 2420. Effective date. 
Sec. 2421. Relationship to other law. 
Sec. 2422. Federal Reserve Board study. 
CHAPTER 2—CREDIT REPAIR ORGANIZATIONS 
Sec. 2451. Regulation of credit repair organizations. 
Sec. 2452. Creditworthiness. 
Subtitle E—^Asset Conservation, Lender Liability, and Deposit 
Insurance Protection 
Sec. 2501. Short title. 
Sec. 2502. CERCLA lender and flduciary liability limitations amendments. 
Sec. 2503. Conforming amendment. 
Sec. 2504. Lender liability rule. 
Sec. 2505. Effective date. 
Subtitle F—^Miscellaneous 
Sec. 2601. Federal Reserve Board study. 
110 STAT. 3009-397 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Sec. 2602. Treatment of claims arising from breach of contracts executed 
by the receiver or conservator. 
Sec. 2603. Criminal sanctions for Hctitious Hnancial instruments and 
counterfeiting. 
Sec. 2604. Amendments to the Truth in Savings Act. 
Sec. 2605. Consumer Leasing Act amendments. 
Sec. 2606. Study of corporate credit unions. 
Sec. 2607. Report on the reconciliation of differences between regulatory 
accounting principles and generally accepted accounting prin-
ciples. 
Sec. 2608. State-by-State and metropolitan area-by-metropolitan area study 
of bank fees. 
Sec. 2609. Prospective application of gold clauses in contracts. 
Sec. 2610. Qualified family partnerships. 
Sec. 2611. Cooperative efforts between depository institutions and farmers 
and ranchers in drought-stricken areas. 
Sec. 2612. Streamlining process for determining new nonbanking activities. 
Sec. 2613. Authorizing bank service companies to organize as limited liabil-
ity partnerships. 
Sec. 2614. Retirement certiflcates of deposits. 
Sec. 2615. Prohibitions on certain depository institution associations with 
Government-sponsored enterprises. 
Subtitle G—Deposit Insurance Funds 
Sec. 2701. Short title. 
Sec. 2702. Special assessment to capitalize SAIF. 
Sec. 2703. Financing corporation funding. 
Sec. 2704. Merger of BIF and SAIF. 
Sec. 2705. Creation of SAIF special reserve. 
Sec. 2706. Refund of amounts in deposit insurance fund in excess of des-
ignated reserve amount. 
Sec. 2707. Assessment rates for SAIF members may not be less than assess-
ment rates for BIF members. 
Sec. 2708. Assessments authorized only if needed to maintain the reserve 
ratio of a deposit insurance fund. 
Sec. 2709. Treasury study of common depository institution charter. 
Sec. 2710. Deflnitions. 
Sec. 2711. Deductions for special assessments. 
12 use 252 note. 
(c) DEFINITIONS.—Except as otherwise specified in this title, 
the following definitions shall apply for purposes of this title: 
(1) APPRAISAL SUBCOMMITTEE.—^The term "Appraisal Sub-
committee" means the Appraisal Subcommittee 
established 
under section 1011 of the Federal Financial Institutions Exam-
ination Council Act of 1978 (as in existence on the day before 
the date of enactment of this Act). 
(2) APPROPRIATE FEDERAL BANKING AGENCY.—The term 
"appropriate Federal banking agency" has the same meaning 
as in section 3 of the Federal Deposit Insurance Act. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-398 
(3) BOARD.—The term "Board" means the Board of Gov-
ernors of the Federal Reserve System. 
(4) CORPORATION.—The term "Corporation" means the Fed-
eral Deposit Insurance Corporation. 
(5) COUNCIL.—The term "Council" means the Financial 
Institutions Examination Council established under section 
1004 of the Federal Financial Institutions Examination Council 
Act of 1978. 
(6) INSURED CREDIT UNION.—The term "insured credit 
union" has the same meaning as in section 101 of the Federal 
Credit Union Act. 
(7) INSURED DEPOSITORY INSTITUTION.—The term "insured 
depository institution" has the same meaning as in section 
3 of the Federal Deposit Insurance Act. 
Subtitle A—Streamlining the Home 
Mortgage Lending Process 
SEC. 
2101. SIMPLIFICATION AND UNIFICATION OF DISCLOSURES 
12 USC 2601 
REQUIRED UNDER RESPA AND TILA FOR MORTGAGE 
note. 
TRANSACTIONS. 
(a) IN GENERAL.—With respect to credit transactions which 
are subject to the Real Estate Settlement Procedures Act of 1974 
and the Truth in Lending Act, the Board of Governors of the 
Federal Reserve System (hereafter in this section referred to as 
the "Board") and the Secretary of Housing and Urban Development 
(hereafter in this section referred to as the "Secretary) shall take 
such action as may be necessary before the end of the 6-month 
period beginning on the date of enactment of this Act— 
(1) to simplify and improve the disclosures applicable to 
such transactions under such Acts, including the timing of 
the disclosures; and 
(2) to provide a single format for such disclosures which 
will satisfy the requirements of each such Act with respect 
to such transactions. 
(b) REGULATIONS.—^To the extent that it is necessary to pre-
scribe any regulation in order to effect any changes required to 
be made under subsection (a), the proposed regulation shall be 
published in the Federal Register before the end of the 6-month 
period referred to in subsection (a). 
(c) RECOMMENDATIONS FOR LEGISLATION.—If the Board and 
the Secretary find that legislative action may be necessary or appro-
priate in order to simplify and unify the disclosure requirements 
under the Real Estate Settlement Procedures Act of 1974 and 
the Truth in Lending Act, the Board and the Secretary shall submit 
a report containing recommendations to the Congress concerning 
such action. 
SEC. 2102. GENERAL EXEMPTION AUTHORITY FOR LOANS. 
(a) REGULATORY FLEXIBILITY.—Section 104 of the Truth in 
Lending Act (15 U.S.C. 1603) is amended— 
(1) by redesignating paragraphs (5) and (6) as paragraphs 
(6) and (7), respectively; and 
(2) by inserting after paragraph (4) the following new para-
graph: 
110 STAT. 3009-399 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(5) Transactions for which the Board, by rule, determines 
that coverage under this title is not necessary to carry out 
the purposes of this title.". 
(b) EXEMPTION AUTHORITY.—Section 105 of the Truth in Lend-
ing Act (15 U.S.C. 1604) is amended by adding at the end the 
following new subsection: 
"(f) EXEMPTION AUTHORITY.— 
"(1) IN GENERAL.—^The Board may exempt, by regulation, 
from all or part of this title any class of transactions, other 
than transactions involving any mortgage described in section 
103(aa), for which, in the determination of the Board, coverage 
under all or part of this title does not provide a meaningful 
benefit to consumers in the form of useful information or protec-
tion. 
"(2) FACTORS FOR CONSIDERATION.—In determining which 
classes of transactions to exempt in whole or in part under 
paragraph (1), the Board shall consider the following factors 
and publish its rationale at the time a proposed exemption 
is published for comment: 
"(A) The amount of the loan and whether the disclo-
sures, right of rescission, and other provisions provide a 
benefit to the consumers who are parties to such trans-
actions, as determined by the Board. 
"(B) The extent to which the requirements of this title 
complicate, hinder, or make more expensive the credit proc-
ess for the class of transactions. 
"(C) The status of the borrower, including— 
"(i) any related financial arrangements of the bor-
rower, as determined by the Board; 
"(ii) the financial sophistication of the borrower 
relative to the type of transaction; and 
"(iii) the importance to the borrower of the credit, 
related supporting property, and coverage under this 
title, as determined by the Board; 
"(D) whether the loan is secured by the principal resi-
dence of the consumer; and 
"(E) whether the goal of consumer protection would 
be undermined by such an exemption.". 
SEC. 2103. REDUCTIONS IN REAL ESTATE SETTLEMENT PROCEDURES 
ACT OF 1974 REGULATORY BURDENS. 
(a) UNNECESSARY DISCLOSURE.—Section 6(a) of the Real Estate 
Settlement Procedures Act of 1974 (12 U.S.C. 2605(a)) is amended 
to read as follows: 
"(a) DISCLOSURE TO APPLICANT RELATING TO ASSIGNMENT, SALE, 
OR TRANSFER OF LOAN SERVICING.—Each person who makes a 
federally related mortgage loan shall disclose to each person who 
applies for the loan, at the time of application for the loan, whether 
the servicing of the loan may be assigned, sold, or transferred 
to any other person at any time while the loan is outstanding.". 
(b) CONSISTENCY OF REAL ESTATE SETTLEMENT PROCEDURES 
ACT AND TRUTH IN LENDING ACT EXEMPTION OF BUSINESS LOANS.— 
Section 7 of the Real Estate Settlement Procedures Act of 1974 
(12 U.S.C. 2606) is amended— 
(1) by striking "This Act" and inserting the following: 
"(a) IN GENERAL.—This Act"; 
and 
(2) by adding at the end the following new subsection: 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-400 
"(b) INTERPRETATION.—In prescribing regulations under section 
19(a), the Secretary shall ensure that, with respect to subsection 
(a) of this section, the exemption for credit transactions involving 
extensions of credit primarily for business, commercial, or agricul-
tural purposes, as provided in section 7( 1) of the Real Estate Settle-
ment Procedures Act of 1974 shall be the same as the exemption 
for such credit transactions under section 104(1) of the Truth in 
Lending Act.". 
(c) REDESIGNATION OF CONTROLLED BUSINESS ARRANGEMENTS 
AS AFFILIATED BUSINESS ARRANGEMENTS.—The Real Estate Settle-
ment Procedures Act of 1974 (12 U.S.C. 2601 et seq.) is amended— 
(1) in section 3(7), by striking "controlled business arrange- 
12 USC 2602. 
ment" and inserting "affiliated business arrangement"; and 
(2) in subsections (c)(4) and (d)(6) of section 8, by striking 
12 USC 2607. 
"controlled business arrangements" and inserting "affiliated 
business arrangements". 
(d) DISCLOSURES BY TELEPHONE OR ELECTRONIC MEDIA.—Sec-
tion 8(c)(4) of the Real Estate Settlement Procedures Act of 1974 
(12 U.S.C. 2607(c)(4)(A)) is amended by striking subparagraph (A) 
and inserting the following "(A) a disclosure is made of the existence 
of such an arrangement to the person being referred and, in connec-
tion with such referral, such person is provided a written estimate 
of the charge or range of charges generally made by the provider 
to which the person is referred (i) in the case of a face-to-face 
referral or a referral made in writing or by electronic media, at 
or before the time of the referral (and compliance with this require-
ment in such case may be evidenced by a notation in a written, 
electronic, or similar system of records maintained in the regular 
course of business); (ii) in the case of a referral made by telephone, 
within 3 business days after the referral by telephone, (and in 
such case an abbreviated verbal disclosure of the existence of the 
arrangement and the fact that a written disclosure will be provided 
within 3 business days shall be made to the person being referred 
during the telephone referral); or (iii) in the case of a referral 
by a lender (including a referral by a lender to an affiliated lender), 
at the time the estimates required under section 5(c) are provided 
(notwithstanding clause (i) or (ii)); and any required written receipt 
of such disclosure (without regard to the manner of the disclosure 
under clause (i), (ii), or (iii)) may be obtained at the closing or 
settlement (except that a person making a face-to-face referral 
who provides the written disclosure at or before the time of the 
referral shall attempt to obtain any required written receipt of 
such disclosure at such time and if the person being referred chooses 
not to acknowledge the receipt of the disclosure at that time, that 
fact shall be noted in the written, electronic, or similar system 
of records maintained in the regular course of business by the 
person making the referral),". 
(e) 
LIMITATION ON CLAIMS ARISING FROM VIOLATIONS OF 
REQUIREMENTS FOR SERVICING MORTGAGES AND ADMINISTERING 
ESCROW ACCOUNTS.—Section 16 of the Real Estate Settlement 
Procedures Act of 1974 (12 U.S.C. 2614) is amended— 
(1) by striking "section 8 or 9" and inserting "section 6, 
8, or 9"; and 
(2) by striking "within one year" and inserting "within 
3 years in the case of a violation of section 6 and 1 year 
in the case of a violation of section 8 or 9". 
110 STAT. 3009-401 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(f) DELAY OF EFFECTIVENESS OF RECENT FINAL REGULATION 
RELATING TO PAYMENTS TO EMPLOYEES.—Section 19 of the Real 
Estate Settlement Procedures Act of 1974 (12 U.S.C. 2617) is 
amended by adding at the end the following new subsection: 
"(d) DELAY OF EFFECTIVENESS OF RECENT FINAL REGULATION 
RELATING TO PAYMENTS TO EMPLOYEES.— 
"(1) IN GENERAL.—The amendment to part 3500 of title 
24 of the Code of Federal Regulations contained in the final 
regulation prescribed by the Secretary and published in the 
Federal Register on June 7, 1996, which will, as of the efTective 
date of such amendment— 
"(A) eliminate the exemption for payments by an 
employer to employees of such employer for referral activi-
ties which is currently codified as section 3500.14(g)(l)(vii) 
of such title 24; and 
"(B) replace such exemption with a more limited 
exemption in new clauses (vii), (viii), and (ix) of section 
3500.14 of such title 24, 
shall not take effect before July 31, 1997. 
"(2) CONTINUATION OF PRIOR RULE.—^The regulation codified 
as section 3500.14(g)(l)(vii) of title 24 of the Code of Federal 
Regulations, relating to employer-employee pajrments, as in 
effect on May 1, 1996, shall remain in effect until the date 
the amendment referred to in paragraph (1) takes effect in 
accordance with such paragraph. 
"(3) 
PUBLIC NOTICE OF EFFECTIVE DATE.—^The Secretary 
shall provide public notice of the date on which the amendment 
referred to in paragraph (1) will take effect in accordance 
with such paragraph not less than 90 days and not more 
than 180 days before such effective date.". 
(g) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) Section 4(a) of the Real Estate Settlement Procedures 
Act of 1974 (12 U.S.C. 2603(a)) is amended by striking "Federal 
Home Loan Bank Board" £ind inserting "Director of the Office 
of Thrift Supervision". 
(2) Section 10(c)(1)(C) of the Real Estate Settlement Proce-
dures Act of 1974 (12 U.S.C. 2609(c)(1)(C)) is amended by 
striking "Not later than the expiration of the 90-day period 
beginning on the date of the enactment of the Cranston-Gon-
zalez National Affordable Housing Act, the" and inserting 
'The". 
• (h) REPEAL OF OBSOLETE PROVISIONS.—The Real Estate Settle-
ment Procedures Act of 1974 (12 U.S.C. 2601 et seq.) is amended 
12 use 2611- 
by striking sections 13, 14 and 15. 
2613. 
SEC. 2104. WAIVER FOR CERTAIN BORROWERS. 
Section 105 of the Truth in Lending Act (15 U.S.C. 1604) 
is amended by adding at the end the following new subsection: 
"(g) WAIVER FOR CERTAIN BORROWERS.— 
"(1) IN GENERAL.—^The Board, by regulation, may exempt 
from the requirements of this title certain credit transactions 
if— 
"(A) the transaction involves a consumer— 
"(i) with an annual earned income of more than 
$200,000; or 
"(ii) having net assets in excess of $1,000,000 at 
the time of the transaction; and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-402 
"(B) a waiver that is handwritten, signed, and dated 
by the consumer is first obtained from the consumer. 
"(2) ADJUSTMENTS BY THE BOARD.—The Board, at its discre-
tion, may adjust the annual earned income and net asset 
requirements of paragraph (1) for inflation.". 
SEC. 2105. ALTERNATIVE DISCLOSURES FOR ADJUSTABLE RATE MORT-
GAGES. 
Section 128(a) of the Truth in Lending Act (15 U.S.C. 1638(a)) 
is amended by adding at the end the following new paragraph: 
"(14) In the case of any variable interest rate residential 
mortgage transaction, in disclosures provided at application 
as prescribed by the Board for a variable rate transaction 
secured by the consumer's principal dwelling, at the option 
of the creditor, a statement that the periodic payments may 
increase or decrease substantially, and the maximum interest 
rate and pa5TTient for a $10,000 loan originated at a recent 
interest rate, as determined by the Board, assuming the maxi-
mum periodic increases in rates and payments under the pro-
gram, or a historical example illustrating the effects of interest 
rate changes implemented according to the loan program.". 
SEC. 2106. RESTITUTION FOR VIOLATIONS OF THE TRUTH IN LENDING 
15 USC 1607. 
ACT. 
Section 108(e)(3) of the Truth in Lending Act (15 U.S.C. 2602(3)) 
is amended— 
(1) by striking "ordered (A) if and inserting the following: 
"ordered— 
"(A) if; 
(2) by striking "may require a partial" and inserting "may— 
"(i) require a partial"; 
(3) by striking ", except that with respect" and all that 
follows through "Act, the agency shall require" and inserting 
";or 
"(ii) require"; 
(4) by striking "reasonable, (B) the" and inserting the fol-
lowing: "reasonable, if (in the case of an agency referred to 
in paragraph (1), (2), or (3) of subsection (a)), the agency deter-
mines that a partial adjustment or making partial payments 
over an extended period is necessary to avoid causing the 
creditor to become undercapitalized pursuant to section 38 of 
the Federal Deposit Insurance Act; 
"(B) the"; and 
(5) by striking "(C) except" and inserting the following: 
"(C) except". 
SEC, 2107. UMITATION ON LIABIUTY UNDER THE TRUTH IN LENDING 
ACT. 
(a) IN GENERAL.—Section 139(a) of the Truth in Lending Act 
(15 U.S.C. 1649(a)) is amended by striking "For any consumer 
credit transaction subject to this title" and inserting "For any closed 
end consumer credit transaction that is secured by real property 
or a dwelling, that is subject to this title, and". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 15 USC 1649 
shall be effective as of September 30, 1995. 
note. 
110 STAT. 3009-403 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Subtitle B—Streamlining Government 
Regulation 
CHAPTER 1—ELIMINATING UNNECESSARY 
REGULATORY REQUIREMENTS AND PROCEDURES 
SEC. 2201. ELIMINATION OF REDUNDANT APPROVAL REQUIREMENT 
FOR OAKAR TRANSACTIONS. 
(a) IN GENERAL.—Section 5(d)(3) of the Federal Deposit Insur-
ance Act (12 U.S.C. 1815(d)(3)) is amended— 
(1) in subparagraph (A), by striking "with the prior written 
approval of and inserting "if the transaction is approved by"; 
(2) in subparagraph (E)— 
(A) by striking clauses (i) and (iv); 
(B) by redesignating clauses (ii) and (iii) as clauses 
(i) and (ii), respectively; and 
(C) by adding at the end the following new clause: 
"(iii) 
CAPITAL 
REQUIREMENTS.—A 
transaction 
described in this paragraph shall not be approved 
under section 18(c)(2) unless the acquiring, assuming, 
or resulting depository institution will meet 
all 
applicable capital requirements^ upon consummation of 
the transaction."; 
(3) by striking subparagraph (G); and 
(4) by redesignating subparagraphs (H) through (J) as sub-
paragraphs (G) through (I), respectively. 
(b) CONFORMING AMENDMENTS.— 
(1) REVISED STATUTES.—Section 5156A(b)(l) of the Revised 
Statutes of the United States (12 U.S.C. 215c(b)(l)) is amended 
by striking "by section 5(d)(3) of the Federal Deposit Insurance 
Act or any other" and inserting "under any". 
(2) HOME OWNERS' LOAN ACT.—Section 10(s)(2)(A) of the 
Home Owners' Loan Act (12 U.S.C. 1467a(s)(2)(A)) is amended 
by striking "under section 5(d)(3) of the Federal Deposit Insur-
ance Act or any other" and inserting "under any". 
SEC. 2203. EUMINATION OF DUPUCATIVE REQUIREMENTS IMPOSED 
UPON BANK HOLDING COMPANIES. 
(a) EXEMPTION FOR BANK HOLDING COMPANIES.—Section 10 
of the Home Owners' Loan Act (12 U.S.C. 1467a) is amended 
by adding at the end the following new subsection: 
"(t) EXEMPTION FOR BANK HOLDING COMPANIES.—This section 
shall not apply to a bank holding company that is subject to the 
Bank Holding Company Act of 1956, or any company controlled 
by such bank holding company.". 
(b) DEFINITION.—Section 10(a)(1)(D) of the Home Owners' Loan 
Act (12 U.S.C. 1467a(a)(l)(D)) is amended to read as follows: 
"(D) SAVINGS AND LOAN HOLDING COMPANY.— 
"(i) IN GENERAL.—Except as provided in clause 
(ii), the term 'savings and loan holding compan/ means 
any company that directly or indirectly controls a sav-
ings association or that controls any other company 
that is a savings and loan holding company. 
"(ii) EXCLUSION.—The term 'savings and loan hold-
ing company does not include a bank holding company 
that is registered under, and subject to, the Bank 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-404 
Holding Company Act of 1956, or to any company 
directly or indirectly controlled by such company (other 
than a savings association).". 
(c) ACQUISITIONS.—Section 10(e)(1) of the Home Owners' Loan 
Act (12 U.S.C. 1467a(e)(l)) is amended— 
(1) in subparagraph (A)(iii)(VII), by inserting "or" at the 
end; 
(2) in subparagraph (A)(iv), by inserting "and" at the end; 
and 
(3) in subparagraph (B)— 
(A) by striking "or (ii)" and inserting "(ii)"; and 
(B) by inserting before the first period ", or (iii) 
acquired by a bank holding company that is registered 
under, and subject to, the Bank Holding Company Act 
of 1956, or any company controlled by such bank holding 
company". 
(d) AMENDMENTS TO THE BANK HOLDING COMPANY ACT OF 
1956.—Section 4(i) of the Bank Holding Company Act of 1956 
(12 U.S.C. 1843(i)) is amended by adding at the end the following 
new paragraphs: 
"(4) SOLICITATION OF VIEWS.— 
"(A) 
NOTICE 
TO 
DIRECTOR.—Upon 
receiving 
any 
application or notice by a bank holding company to acquire, 
directly or indirectly, a savings association under sub-
section (c)(8), the Board shall solicit comments and rec-
ommendations from the Director with respect to such 
acquisition. 
"(B) 
COMMENT PERIOD.—The comments and 
rec-
ommendations of the Director under subparagraph (A) with 
respect to any acquisition subject to such subparagraph 
shall be transmitted to the Board not later than 30 days 
after the receipt by the Director of the notice relating 
to such acquisition (or such shorter period as the Board 
may specify if the Board advises the Director that an 
emergency exists that requires expeditious action). 
"(5) EXAMINATION.— 
"(A) SCOPE.—The Board shall consult with the Director, 
as appropriate, in establishing the scope of an examination 
by the Board of a bank holding company that directly 
or indirectly controls a savings association. 
"(B) 
ACCESS 
TO 
INSPECTION REPORTS.—Upon 
the 
request of the Director, the Board shall furnish the Director 
with a copy of any inspection report, additional examination 
materials, or supervisory information relating to any bank 
holding company that directly or indirectly controls a sav-
ings association. 
"(6) COORDINATION OF ENFORCEMENT EFFORTS.—^The Board 
and the Director shall cooperate in any enforcement action 
against any bank holding company that controls a savings 
association, if the relevant conduct involves such association. 
"(7) DIRECTOR DEFINED.—For purposes of this section, the 
term 'Director' means the Director of the Office of Thrift Super-
vision.". 
110 STAT. 3009-405 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SEC. 2204. ELIMINATION OF THE PER BRANCH CAPITAL REQUIREMENT 
FOR NATIONAL BANKS AND STATE MEMBER BANKS. 
Section 5155(h) of the Revised Statutes of the United States 
(12 U.S.C. 36(h)) is amended to read as follows: 
"(h) [Repealed]". 
SEC. 2205. ELIMINATION OF BRANCH APPLICATION REQUIREMENTS 
FOR AUTOMATIC TELLER MACHINES. 
(a) "BRANCH" UNDER NATIONAL BANK ACT.—Section 5155(j) 
of the Revised Statutes of the United States (12 U.S.C. 36(j)) is 
amended by adding at the end the following: "The term 'branch', 
as used in this section, does not include an automated teller 
machine or a remote service unit.". 
(b) "DOMESTIC BRANCH" UNDER THE FEDERAL DEPOSIT INSUR-
ANCE ACT.—Section 3(o) of the Federal Deposit Insurance Act (12 
U.S.C. 1813(o)) is amended by striking "lent; and the" and inserting 
"lent. The term 'domestic branch' does not include an automated 
teller machine or a remote service unit. The". 
SEC. 2206. ELIMINATION OF REQUIREMENT FOR APPROVAL OF INVEST-
MENTS IN BANK PREMISES FOR WELL CAPITALIZED AND 
WELL MANAGED BANKS. 
Section 24A of the Federal Reserve Act (12 U.S.C. 37Id) is 
amended to read as follows: 
"SEC. 24A. INVESTMENT IN BANK PREMISES OR STOCK OF CORPORA-
TION HOLDING PREMISES. 
"(a) CONDITIONS OF INVESTMENT.—NO national bank or State 
member bank shall invest in bank premises, or in the stock, bonds, 
debentures, or other such obligations of any corporation holding 
the premises of such bank, or make loans to or upon the security 
of any such corporation— 
"(1) unless the bank receives the prior approval of the 
, 
Comptroller of the Currency (with respect to a national bank) 
or the Board (with respect to a State member bank); 
"(2) unless the aggregate of all such investments and loans, 
together with the amount of any indebtedness incurred by 
any such corporation that is an affiliate of the bank, is less 
than or equal to the amount of the capital stock of such bank; 
or 
"(3) unless— 
"(A) the aggregate of all such investments and loans, 
together with the amount of any indebtedness incurred 
by any such corporation that is an affiliate of the bank, 
is less than or equal to 150 percent of the capital and 
surplus of the bank; and 
"(B) the bank— 
"(i) has a CAMEL composite rating of 1 or 2 under 
the Uniform Financial Institutions Rating System (or 
an equivalent rating under a comparable rating sys-
tem) as of the most recent examination of such bank; 
"(ii) is well capitalized and will continue to be 
well capitalized after the investment or loan; and 
"(iii) provides notification to the Comptroller of 
the Currency (with respect to a national bank) or to 
the Board (with respect to a State member bank) not 
later than 30 days after making the investment or 
loan. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-406 
"(b) DEFINITIONS.—For purposes of this section— 
"(1) the term 'affiUate' has the same meaning as in section 
2 of the Banking Act of 1933; and 
"(2) the term 'well capitalized' has the same meaning as 
in section 38(b) of the Federal Deposit Insurance Act.". 
SEC. 
2207. ELIMINATION 
OF APPROVAL REQUIREMENT FOR 
DIVESTITURES. 
Section 2(g) of the Bank Holding Company Act of 1956 (12 
U.S.C. 1841(g)) is amended— 
(1) in paragraph (1), by adding "and" at the end; 
(2) in paragraph (2), by striking "; and" and inserting 
a period; and 
(3) by striking paragraph (3). 
SEC. 2208. STREAMLINED NONBANKING ACQUISITIONS BY WELL 
CAPITALIZED AND WELL MANAGED BANKING ORGANIZA-
TIONS. 
(a) NOTICE REQUIREMENTS.—Section 4(j) of the Bank Holding 
Company Act of 1956 (12 U.S.C. 1843(j)) is amended— 
(1) in paragraph (1)(A), by striking "No" and inserting 
"Except as provided in paragraph (3), no"; and 
(2) by adding at the end the following new paragraphs: 
"(3) No NOTICE REQUIRED FOR CERTAIN TRANSACTIONS.— 
No notice under paragraph (1) of this subsection or under 
subsection (c)(8) or (a)(2)(B) is required for a proposal by a 
bank holding company to engage in any activity or acquire 
the shares or assets of any company, other than an insured 
depository institution, if the proposal qualifies under paragraph 
(4). 
"(4) CRITERIA FOR STATUTORY APPROVAL.—A proposal quali-
fies under this paragraph if all of the following criteria are 
met: 
"(A) FINANCIAL CRITERIA.—Both before and imme-
diately after the proposed transaction— 
"(i) the acquiring bank holding company is well 
capitalized; 
"(ii) the lead insured depository institution of such 
holding company is well capitalized; 
"(iii) well capitalized insured depository institu-
tions control at least 80 percent of the aggregate total 
risk-weighted assets of insured depository institutions 
controlled by such holding company; and 
"(iv) no insured depository institution controlled 
by such holding company is undercapitalized. 
"(B) MANAGERIAL CRITERIA.— 
"(i) WELL MANAGED.—At the time of the trans-
action, the acquiring bank holding company, its lead 
insured depository institution, and insured depository 
institutions that control at least 90 percent of the 
aggregate total risk-weighted assets of insured deposi-
tory institutions controlled by such holding company 
are well managed. 
"(ii) 
LIMITATION ON POORLY MANAGED INSTITU-
TIONS.—Except as provided in paragraph (6), no 
insured depository institution controlled by the acquir-
ing bank holding company has received 1 of the 2 
110 STAT. 3009-407 
PUBLIC LAW 104-208—SEPT. 30, 1996 
lowest composite ratings at the later of the institution's 
most recent examination or subsequent review. 
"(C) ACTIVITIES PERMISSIBLE.—Following consumma-
tion of the proposal, the bank holding company engages 
directly or through a subsidiary solely in— 
"(i) activities that are permissible under subsection 
(c)(8), as determined by the Board by regulation or 
order thereunder, subject to all of the restrictions, 
terms, and conditions of such subsection and such regu-
lation or order; and 
"(ii) such other activities as are otherwise permis-
sible under this section, subject to the restrictions, 
terms and conditions, including any prior notice or 
approval requirements, provided in this section. 
"(D) SIZE OF ACQUISITION.— 
"(i) ASSET SIZE.—^The book value of the total assets 
to be acquired does not exceed 10 percent of the consoli-
dated total risk-weighted assets of the acquiring bank 
holding company. 
"(ii) CONSIDERATION.—^The gross consideration to 
be paid for the securities or assets does not exceed 
15 percent of the consolidated Tier 1 capital of the 
acquiring bank holding company. 
"(E) NOTICE NOT OTHERWISE WARRANTED.—For propos-
als described in paragraph (5)(B), the Board has not, before 
the conclusion of the period provided in paragraph (5)(B), 
advised the bank holding company that a notice under 
paragraph (1) is required. 
"(F) COMPLIANCE CRITERION.—During the 12-month 
period ending on the date on which the bank holding com-
pany proposes to commence an activity or acquisition, no 
administrative enforcement action has been commenced, 
and no cease and desist order has been issued pursuant 
to section 8 of the Federal Deposit Insurance Act, against 
the bank holding company or any depository institution 
subsidiary of the holding company, and no such enforce-
ment action, order, or other administrative enforcement 
proceeding is pending as of such date. 
"(5) NOTIFICATION.— 
"(A) COMMENCEMENT OF ACTIVITIES APPROVED BY 
RULE.—^A bank holding company that qualifies under para-
graph (4) and that proposes to engage de novo, directly 
or through a subsidiary, in any activity that is permissible 
under subsection (c)(8), as determined by the Board by 
regulation, may commence that activity without prior notice 
to the Board and must provide written notification to the 
Board not later than 10 business days after commencing 
the activity. 
"(B) ACTIVITIES PERMITTED BY ORDER AND ACQUISI-
TIONS.— 
"(i) IN GENERAL.—^At least 12 business days before 
commencing any activity pursuant to paragraph (3) 
(other than an activity described in subparagraph (A) 
of this paragraph) or acquiring shares or assets of 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-408 
any company pursuant to paragraph (3), the bank hold-
ing company shall provide written notice of the pro-
posal to the Board, unless the Board determines that 
no notice or a shorter notice period is appropriate. 
"(ii) DESCRIPTION OF ACTIVITIES AND TERMS.—^A 
notification under this subparagraph shall include a 
description of the proposed activities and the terms 
of any proposed acquisition. 
"(6) 
RECENTLY 
ACQUIRED 
INSTITUTIONS.—Any 
insured 
depository institution which has been acquired by a bank hold-
ing company during the 12-month period preceding the date 
on which the company proposes to commence an activity or 
acquisition pursuant to paragraph (3) may be excluded for 
purposes of paragraph (4)(B)(ii) if— 
"(A) the bank holding company has developed a plan 
for the institution to restore the capital and management 
of the institution which is acceptable to the appropriate 
Federal banking agency; and 
"(B) all such insured depository institutions represent, 
in the aggregate, less than 10 percent of the aggregate 
total risk-weighted assets of all insured depository institu-
tions controlled by the bank holding company. 
"(7) ADJUSTMENT OF PERCENTAGES.—^The Board may, by 
regulation, adjust the percentages and the manner in which 
the percentages of insured depository institutions are calculated 
under paragraph (4)(B)(i), (4)(D), or (6)(B) if the Board deter-
mines that any such adjustment is consistent with safety and 
soundness and the purposes of this Act.". 
(b) DEFINITIONS.—Section 2(o) of the Bank Holding Company 
Act of 1956 (12 U.S.C. 1841(o)) is amended— 
(1) by striking paragraph (1) and inserting the following 
new paragraph: 
"(1) CAPITAL TERMS.— 
"(A) INSURED DEPOSITORY INSTITUTIONS.—With respect 
to insured depository institutions, the terms 'well capital-
ized', 'adequately capitalized', and 'undercapitalized' have 
the same meanings as in section 38(b) of the Federal 
Deposit Insurance Act. 
"(B) BANK HOLDING COMPANY.— 
"(i) ADEQUATELY CAPITALIZED.—^With respect to a 
bank holding company, the term 'adequately capital-
ized' means a level of capitalization which meets or 
exceeds all applicable Federal regulatory capital stand-
ards. 
"(ii) WELL CAPITALIZED.—^A bank holding company 
is 'well capitalized' if it meets the required capital 
levels for well capitalized bank holding companies 
established by the Board. 
"(C) OTHER CAPITAL TERMS.—^The terms 'Tier 1' and 
'risk-weighted assets' have the meanings given those terms 
in the capital guidelines or regulations established by the 
Board for bank holding companies."; and 
(2) by adding at the end the following new paragraphs: 
"(8) LEAD INSURED DEPOSITORY INSTITUTIONS.— 
"(A) IN GENERAL.—The term 'lead insured depository 
institution' means the largest insured depository institution 
controlled by the subject bank holding company at any 
110 STAT. 3009-409 
PUBLIC LAW 104-208—SEPT. 30, 1996 
time, based on a comparison of the average total risk-
weighted assets controlled by each insured depository 
institution during the previous 12-month period. 
"(B) BRANCH OR AGENCY.—For purposes of this para-
graph and section 4(j)(4), the term 'insured depository 
institution' includes any branch or agency operated in the 
United States by a foreign bank. 
"(9) WELL MANAGED.—^The term 'well managed' means— 
"(A) in the case of any company or depository institu-
tion which receives examinations, the achievement of— 
"(i) a CAMEL composite rating of 1 or 2 (or an 
equivalent rating under an equivalent rating system) 
in connection with the most recent examination or 
subsequent review of such company or institution; and 
"(ii) at least a satisfactory rating for management, 
if such rating is given; or 
"(B) in the case of a company or depository institution 
that has not received an examination rating, the existence 
and use of managerial resources which the Board deter-
mines are satisfactory.". 
SEC. 2209. ELIMINATION OF UNNECESSARY FILING FOR OFFICER AND 
DIRECTOR APPOINTMENTS. 
Section 32 of the Federal Deposit Insurance Act (12 U.S.C. 
18311) is amended— 
(1) in subsection (a)— 
(A) by inserting "(or such other period, as determined 
by the appropriate Federal banking agency)" after "30 
days"; 
(B) by striking "if the insured depository institution 
or depository institution holding company" and inserting 
"if"; 
(C) by striking paragraphs (1) and (2); 
(D) by redesignating paragraph (3) as paragraph (1); 
(E) in paragraph (1), as redesignated— 
(i) by inserting "the insured depository institution 
or depository institution holding company" before "is 
not in compliance"; and 
(ii) by striking the period at the end and inserting 
"; or"; and 
(F) by adding at the end the following new paragraph: 
"(2) the agency determines, in connection with the review 
by the agency of the plan required under section 38 or other-
wise, that such prior notice is appropriate."; and 
(2) in subsection (b), by striking "30-day period" and insert-
ing "notice period, not to exceed 90 days,". 
SEC. 2210. AMENDMENTS TO THE DEPOSITORY INSTITUTION MANAGE-
MENT INTERLOCKS ACT. 
(a) DUAL SERVICE AMONG LARGER ORGANIZATIONS.—Section 204 
of the Depository Institution Management Interlocks Act (12 U.S.C. 
3203) is amended— 
(1) 
by 
striking 
"$1,000,000,000" 
and 
inserting 
"$2,500,000,000"; 
(2) 
by 
striking 
"$500,000,000" 
and 
inserting 
"$1,500,000,000"; and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-410 
(3) by adding at the end the following: "In order to allow 
for inflation or market changes, the appropriate Federal deposi-
tory institutions regulatory agencies may, by regulation, adjust, 
as necessary, the amount of total assets required for depository 
institutions or depository holding companies under this sec-
tion.". 
(b) EXTENSION OF GRANDFATHER EXEMPTION.—Section 206 
of 
the Depository Institution Management Interlocks Act (12 U.S.C. 
3205) is amended— 
(1) in subsection (a), by striking "for a period of, subject 
to the requirements of subsection (c), 20 years after the date 
of enactment of this title"; 
(2) in subsection (b), by striking the second sentence; and 
(3) by striking subsection (c). 
(c) REGULATIONS.—Section 209 of the Depository Institution 
Management Interlocks Act (12 U.S.C. 3207) is amended— 
(1) in subsection (a)— 
(A) by striking "(a) IN GENERAL.—Rules and regula-
tions" and inserting "Regulations"; 
(B) by inserting ", including regulations that permit 
service by a management official that would otherwise 
be prohibited by section 203 or section 204, if such service 
would not result in a monopoly or substantial lessening 
of competition," after "title"; 
(C) in paragraph (4)— 
(i) by striking "Federal Home Loan Bank Board" 
and inserting "Director of the Office of Thrift Super-
vision"; and 
(ii) by striking "Savings and Loan" and inserting 
"Deposit"; and 
(2) by striking subsections (b) and (c). 
SEC. 2211. ELIMINATION OF RECORDKEEPING AND REPORTING 
REQUIREMENTS FOR OFFICERS. 
(a) EMPLOYEE BENEFIT PLANS.—Section 22(h)(2) of the Federal 
Reserve Act (12 U.S.C. 375b(2)) is amended— 
(1) by redesignating subparagraphs (A) through (C) as 
clauses (i) through (iii), respectively, and indenting appro-
priately; 
(2) by striking "(2) 
PREFERENTIAL TERMS PROHIBITED.— 
" and inserting the following: 
"(2) PREFERENTIAL TERMS PROHIBITED.— 
"(A) IN GENERAL.—"; and 
(3) by adding at the end the following new subparagraph: 
"(B) EXCEPTION.—Nothing in this paragraph shall pro-
hibit any extension of credit made pursuant to a benefit 
or compensation program— 
"(i) that is widely available to employees of the 
member bank; and 
"(ii) that does not give preference to any officer, 
director, or principal shareholder of the member bank, 
or to any related interest of such person, over other 
employees of the member bank.". 
(b) EXCEPTION FOR EXTENSIONS OF CREDIT TO EXECUTIVE OFFI-
CERS AND DIRECTORS OF AFFILIATES.—Section 22(h)(8)(B) of the 
Federal Reserve Act (12 U.S.C. 375b(8)(B)) is amended to read 
as follows: 
110 STAT. 3009-411 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(B) EXCEPTION.—The Board may, by regulation, make 
exceptions to subparagraph (A) for any executive officer 
or director of a subsidiary of a company that controls 
the member bank if— 
"(i) the executive officer or director does not have 
authority to participate, and does not participate, in 
major policymaking functions of the member bank; 
and 
"(ii) the assets of such subsidiary do not exceed 
10 percent of the consolidated assets of a company 
that controls the member bank and such subsidiary 
(and is not controlled by any other company).". 
SEC. 
2212. 
REPAYMENT 
OF 
TREASURY 
LOAN. 
Section 1108 of the Federal Financial Institutions Reform, 
Recovery, and Enforcement Act of 1989 (12 U.S.C. 3337) is amended 
by adding at the end the following new subsection.— 
"(c) REPAYMENT OF TREASURY LOAN.—Not later than September 
30, 1998, the Appraisal Subcommittee shall repay to the Secretary 
of the Treasury the unpaid portion of the $5,000,000 paid to the 
Appraisal Subcommittee pursuant to this section.". 
SEC. 2213. BRANCH CLOSURES. 
Section 42 of the Federal Deposit Insurance Act (12 U.S.C. 
1831r-l) is amended by adding at the end the following new sub-
section: 
"(e) SCOPE OF APPLICATION.—^This section shall not apply with 
respect to— 
"(1) an automated teller machine; 
"(2) the relocation of a branch or consolidation of one or 
more branches into another branch, if the relocation or consoli-
dation— 
"(A) occurs within the immediate neighborhood; and 
"(B) does not substantially affect the nature of the 
business or customers served; or 
"(3) a branch that is closed in connection with— 
"(A) an emergency acquisition under— 
"(i) section ll(n); or 
"(ii) subsection (f) or (k) of section 13; or 
"(B) any assistance provided by the Corporation under 
section 13(c).". 
SEC. 2214. FOREIGN BANKS. 
(a) EXAMINATION OF BRANCHES AND AGENCIES BY BOARD.— 
Section 7(c) of the International Banking Act of 1978 (12 U.S.C. 
3105(c)) is amended— 
(1) by striking "(c)" and inserting the following: 
"(c) FOREIGN BANK EXAMINATIONS AND REPORTING.—"; 
(2) in paragraph (1)(B), by adding at the end the following 
new clause: 
"(iii) AVOIDANCE OF DUPLICATION.—In exercising 
its authority under this paragraph, the Board shall 
take all reasonable measures to reduce burden and 
avoid unnecessary duplication of examinations."; 
(3) by striking subparagraph (C) of paragraph (1) and 
inserting the following: 
"(C) ON-SITE EXAMINATION.—Each Federal branch or 
agency, and each State branch or agency, of a foreign 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-412 
bank shall be subject to on-site examination by an appro-
priate Federal banking agency or State bank supervisor 
as frequently as would a national bank or a State bank, 
respectively, by the appropriate Federal banking agency."; 
and 
(4) in paragraph (1)(D), by inserting before the period at 
the end the following: ", only to the same extent that fees 
are collected by the Board for examination of any State member 
bank". 
(b) ESTABLISHMENT OF FOREIGN BANK OFFICES IN THE UNITED 
STATES.—Section 7(d) of the International Banking Act of 1978 
(12 U.S.C. 3105(d)) is amended— 
(1) in paragraph (2), by striking "The Board" and inserting 
"Except as provided in paragraph (6), the Board"; 
(2) in paragraph (5), by striking "Consistent with the stand-
ards for approval in paragraph (2), the"; and inserting "The"; 
and 
(3) by adding at the end the following new paragraphs: 
"(6) EXCEPTION.— 
"(A) IN GENERAL.—If the Board is unable to find, under 
paragraph (2), that a foreign bank is subject to comprehen-
sive supervision or regulation on a consolidated basis by 
the appropriate authorities in its home country, the Board 
may nevertheless approve an application by such foreign 
bank under paragraph (1) if— 
"(i) the appropriate authorities in the home country 
of the foreign bank are actively working to establish 
arrangements for the consolidated supervision of such 
bank; and 
"(ii) all other factors are consistent with approval. 
"(B) OTHER CONSIDERATIONS.—In deciding whether to 
use its discretion under subparagraph (A), the Board shall 
also consider whether the foreign bank has adopted and 
implements procedures to combat money laundering. The 
Board may also take into account whether the home coun-
try of the foreign bank is developing a legal regime to 
address money laundering or is participating in multilat-
eral efforts to combat money laundering. 
"(C) 
ADDITIONAL 
CONDITIONS.—In 
approving 
an 
application under this paragraph, the Board, after request-
ing and taking into consideration the views of the appro-
priate State bank supervisor or the Comptroller of the 
Currency, as the case may be, may impose such conditions 
or restrictions relating to the activities or business oper-
ations of the proposed branch, agency, or commercial lend-
ing company subsidiary, including restrictions on sources 
of funding, as are considered appropriate. The Board shall 
coordinate with the appropriate State bank supervisor or 
the Comptroller of the Currency, as appropriate, in the 
implementation of such conditions or restrictions. 
"(D) MODIFICATION OF CONDITIONS.—Any condition or 
restriction imposed by the Board in connection with the 
approval of an application under authority of this para-
graph may be modified or withdrawn. 
"(7) TIME PERIOD FOR BOARD ACTION.— 
"(A) FINAL ACTION.—^The Board shall take final action 
on any application under paragraph (1) not later than 
110 STAT. 3009-413 
PUBLIC LAW 104-208—SEPT. 30, 1996 
180 days after receipt of the application, except that the 
Board may extend for an additional 180 days the period 
within which to take final action on such application after 
providing notice of, and the reasons for, the extension 
to the applicant foreign bank and any appropriate State 
bank supervisor or the Comptroller of the Currency, as 
appropriate. 
"(B) FAILURE TO SUBMIT INFORMATION.—The Board 
may deny any application if it does not receive information 
requested from the applicant foreign bank or appropriate 
authorities in the home country of the foreign bank in 
sufficient time to permit the Board to evaluate such 
information adequately within the time periods for final 
action set forth in subparagraph (A). 
"(C) 
WAIVER.—^A foreign 
bank 
may 
waive 
the 
applicability of this paragraph with respect to any applica-
tion under paragraph (1).". 
(c) TERMINATION OF FOREIGN BANK OFFICES IN THE UNITED 
STATES.—Section 7(e)(1)(A) of the International Banking Act of 
1978 (12 U.S.C. 3105(e)(1)(A)) is amended— 
(1) by inserting "(i)" after "(A)"; 
(2) by striking "or" at the end and inserting "and"; and 
(3) by adding at the end the following new clause: 
"(ii) the appropriate authorities in the home country 
of the foreign bank are not making demonstrable progress 
in establishing arrangements for the comprehensive super-
vision or regulation of such foreign bank on a consolidated 
basis; or". 
SEC. 2215. DISPOSITION OF FORECLOSED ASSETS. 
Section 4(c)(2) of the Bank Holding Company Act of 1956 (12 
U.S.C. 1843(c)(2)) is amended— 
(1) by striking "for not more than one year at a time"; 
and 
(2) by striking "but no such extensions shall extend beyond 
a date five years" and inserting "and, in the case of a bank 
holding company which has not disposed of such shares within 
5 years after the date on which such shares were acquired, 
the Board may, upon the application of such company, grant 
additional exemptions if, in the judgment of the Board, such 
extension would not be detrimental to the public interest and, 
either the bank holding company has made a good faith attempt 
to dispose of such shares during such 5-year period, or the 
disposal of such shares during such 5-year period would have 
been detrimental to the company, except that the aggregate 
duration of such extensions shall not extend beyond 10 years". 
SEC. 2216. EXEMPTION AUTHORITY FOR ANTITYING PROVISION. 
(a) FEDERAL RESERVE BOARD AUTHORITY.—Section 106(b)(1) 
of the Bank Holding Company Act Amendments of 1970 (12 U.S.C. 
1972(1)) is amended in the last sentence, by inserting "and the 
prohibitions of section 4(f)(9) and 4(h)(2) of the Bank Holding Com-
pany Act of 1956" after "prohibition". 
(b) OTS AUTHORITY.—Section 5(q) of the Home Owners' Loan 
Act (12 U.S.C. 1464(q)) is amended by adding at the end the 
following new paragraph: 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-414 
"(6) EXCEPTIONS.—^The Director may, by regulation or 
order, permit such exceptions to the prohibitions of this sub-
section as the Director considers will not be contrary to the 
purposes of this subsection and which conform to exceptions 
granted by the Board of Governors of the Federal Reserve 
System pursuant to section 106(b) of the Bank Holding Com-
pany Act Amendments of 1970.". 
SEC. 2217. FDIC APPROVAL OF NEW STATE BANK POWERS. 
Section 24 of the Federal Deposit Insurance Act (12 U.S.C. 
1831a) is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively, and indenting appro-
priately; 
(B) by striking "IN GENERAL.—" and inserting the fol-
lowing: "PERMISSIBLE ACTIVITIES.— 
"(1) IN GENERAL.—"; and 
(C) by adding at the end the following new paragraph: 
"(2) PROCESSING PERIOD.— 
"(A) IN GENERAL.—^The Corporation shall make a deter-
mination under paragraph (1)(A) not later than 60 days 
after receipt of a completed application that may be 
required under this subsection. 
"(B) EXTENSION OF TIME PERIOD.—^The Corporation may 
extend the 60-day period referred to in subparagraph (A) 
for not more than 30 additional days, and shall notify 
the applicant of any such extension."; and 
(2) in subsection (d), by adding at the end the following 
new paragraph: 
"(3) PROCESSING PERIOD.— 
"(A) IN GENERAL.—The Corporation shall make a deter-
mination under paragraph (1)(A) not later than 60 days 
after receipt of a completed application that may be 
required under this subsection. 
"(B) EXTENSION OF TIME PERIOD.—The Corporation may 
extend the 60-day period referred to in subparagraph (A) 
for not more than 30 additional days, and shall notify 
the applicant of any such extension.". 
CHAPTER 2—ELIMINATING UNNECESSARY 
REGULATORY BURDENS 
SEC. 2221. SMALL BANK EXAMINATION CYCLE. 
Section 10(d) of the Federal Deposit Insurance Act (12 U.S.C. 
1820(d)) is amended— 
(1) by redesignating the second paragraph designated as 
paragraph (8) as paragraph (10), and by inserting that para-
graph, as redesignated, immediately after paragraph (9); and 
(2) in paragraph 
(10), as redesignated, by striking 
"$175,000,000" and inserting "$250,000,000". 
SEC. 2222. REQUIRED REVIEW OF REGULATIONS. 
12 USC 3311. 
(a) IN GENERAL.—Not less frequently than once every 10 years, 
the Council and each appropriate Federal banking agency rep-
resented on the Council shall conduct a review of all regulations 
prescribed by the Council or by any such appropriate Federal bank-
ing agency, respectively, in order to identify outdated or otherwise 
•29-194 O - 96 - 19 : QL 3 Part 4 
110 STAT. 3009-415 
PUBLIC LAW 104-208—SEPT. 30, 1996 
unnecessary regulatory requirements imposed on insured depository 
institutions. 
(b) PROCESS.—In conducting the review under subsection (a), 
the Council or the appropriate Federal banking agency shall— 
(1) categorize the regulations described in subsection (a) 
by type (such as consumer regulations, safety and soundness 
regulations, or such other designations as determined by the 
Council, or the appropriate Federal bgmking Eigency); and 
(2) at regular intervals, provide notice and solicit public 
comment on a particular category or categories of regulations, 
requesting commentators to identify areas of the regulations 
that are outdated, unnecessary, or unduly burdensome. 
(c) COMPLETE REVIEW.—^The Council or the appropriate Federal 
banking agency shall ensure that the notice and comment period 
described in subsection (b)(2) is conducted with respect to all regula-
tions described in subsection (a) not less frequently than once 
every 10 years. 
(d) REGULATORY RESPONSE.—The Council or the appropriate 
Federal banking agency shall— 
(1) publish in the Federal Register a summary of the com-
ments received under this section, identifjdng significant issues 
raised and providing comment on such issues; and 
(2) eliminate unnecessary regulations to the extent that 
such action is appropriate. 
(e) REPORT TO CONGRESS.—^Not later than 30 days after carry-
ing out subsection (d)(1), the Council shall submit to the Congress 
a report, which shall include— 
(1) a summary of any significant issues raised by public 
comments received by the Council and the appropriate Federal 
banking agencies under this section and the relative merits 
of such issues; and 
(2) an analysis of whether the appropriate Federal banking 
agency involved is able to address the regulatory burdens asso-
ciated with such issues by regulation, or whether such burdens 
must be addressed by legislative action. 
SEC. 2223. REPEAL OF roENTIFICATION OF NONBANK 
FINANCIAL 
INSTITUTION CUSTOMERS. 
Subchapter II of chapter 53 of title 31, United States Code, 
is amended— 
(1) by striking section 5327; 
(2) in the chapter analysis, by striking the item relating 
to section 5327; and 
(3) in section 5321(a), by striking paragraph (7). 
SEC. 2224. REPEAL OF CERTAIN REPORTING REQUIREMENTS. 
(a) FDIA.—Section 477 of the Federal Deposit Insurance Cor-
poration Improvement Act of 1991 (12 U.S.C. 251) is repealed. 
(b) FIRREA.—Section 918 of the Financial Institutions Reform, 
12 use 1833. 
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833 note) is 
repealed. 
(c) ILS.—Section 913 of the International Lending Supervision 
Act of 1983 (12 U.S.C. 3912) is repealed. 
SEC. 2225. INCREASE IN HOME MORTGAGE DISCLOSURE EXEMPTION 
THRESHOLD. 
(a) IN GENERAL.—Section 309 of the Home Mortgage Disclosure 
Act of 1975 (12 U.S.C. 2808) is amended— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-416 
(1) by striking "This title" and inserting "(a) IN GENERAL.— 
This title"; 
(2) in the 3d sentence, by inserting "(as determined without 
regard to the adjustment made by subsection (b))" before the 
period; and 
(2) by adding at the end the following new subsection: 
"(b) CPI ADJUSTMENTS.— 
"(1) IN GENERAL.—Subject to paragraph (2), the dollar 
amount applicable with respect to institutions described in 
section 303(2)(A) under the 2d sentence of subsection (a) shall 
be adjusted annually after December 31, 1996, by the annual 
percentage increase in the Consumer Price Index for Urban 
Wage Earners and Clerical Workers published by the Bureau 
of Labor Statistics. 
"(2) 1-TIME ADJUSTMENT FOR PRIOR INFLATION.—The first 
adjustment made under paragraph (1) after the date of the 
enactment of the Economic Growth and Regulatory Paperwork 
Reduction Act of 1996 shall be the percentage by which— 
"(A) the Consumer Price Index described in such para-
graph for the calendar year 1996, exceeds 
"(B) such Consumer Price Index for the calendar year 
1975. 
"(3) ROUNDING.—^The dollar amount applicable under para-
graph (1) for any calendar year shall be the amount determined 
in accordance with subparagraphs (A) and (B) of paragraph 
(2) and rounded to the nearest multiple of $1,000,000.". 
(b) OPPORTUNITY TO REDUCE COMPLIANCE BURDEN.—Section 
304 of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803) 
is amended by adding at the end the following new subsection: 
"(m) OPPORTUNITY TO REDUCE COMPLIANCE BURDEN.— 
"(1) I N GENERAL.— 
"(A) SATISFACTION OF PUBLIC AVAILABILITY REQUIRE-
MENTS.—^A depository institution shall be deemed to have 
satisfied the public availability requirements of subsection 
(a) if the institution compiles the information required 
under that subsection at the home office of the institution 
and provides notice at the branch locations specified in 
subsection (a) that such information is available from the 
home office of the institution upon written request. 
"(B) PROVISION OF INFORMATION UPON REQUEST.—Not 
later than 15 days after the receipt of a written request 
for any information required to be compiled under sub-
section (a), the home office of the depository institution 
receiving the request shall provide the information perti-
nent to the location of the branch in question to the person 
requesting the information. 
"(2) FORM OF INFORMATION.—In complying with paragraph 
(1), a depository institution shall, in the sole discretion of 
the institution, provide the person requesting the information 
with— 
"(A) a paper copy of the information requested; or 
"(B) if acceptable to the person, the information 
through a form of electronic medium, such as a computer 
disk.'?. 
110 STAT. 3009-417 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SEC. 2226. ELIMINATION OF STOCK LOAN REPORTING REQUIREMENT. 
Section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 
1817(j)) is amended— 
(1) in paragraph (9)(A)— 
(A) by striking "financial institution and any affiliate 
of any financial institution" and inserting "foreign bank, 
or any affiliate thereof,"; and 
(B) by striking "by the financial institution and such 
institution's affiliates" and inserting "by the foreign bank 
or any affiliate thereof; 
(2) in paragraph (9)(B)— 
(A) by striking "paragraph—" and inserting "para-
graph, the following definitions shall apply:"; 
(B) by striking clause (i) and inserting the following: 
"(i) FOREIGN BANK.—^The terms 'foreign bank' and 
'affiliate' have the same meanings as in section 1 of 
the International Banking Act of 1978."; and 
(C) in clause (iii), by striking "financial institution" 
and inserting "foreign bank or any affiliate thereof; 
(3) in paragraph (9)(C)— 
(A) by striking "financial institution or any of its affili-
ates" and inserting "foreign bank or any affiliate thereof; 
and 
(B) by striking "financial institution or its affiliates" 
and inserting "foreign bank or any affiliate thereof; 
(4) in paragraph (9)(D)— 
(A) in clause (i)— 
(i) by striking "the financial institution and all 
affiliates of the institution" and inserting "the foreign 
bank and all affiliates thereof; and 
(ii) by striking "financial institution or any such 
affiliate" and inserting "foreign bank or adffiliate 
thereof; 
(B) in clause (ii), by striking "financial institution and 
any affiliate of such institution" and inserting "foreign bank 
and any affiliate thereof; and 
(C) in clause (iii), by striking "financial institution" 
and inserting "foreign bank or any affiliate thereof; and 
(5) in paragraph (9)(E)— 
(A) in clause (i)— 
(i) by striking "a financial institution and the affili-
ates of such institution" and inserting "a foreign bank 
or any affiliate thereof; and 
(ii) by striking "institution or affiliate" each place 
such term appears and inserting "foreign bank or any 
affiliate thereof; and 
(B) in clause (ii), by striking "financial institution and 
any affiliate of such institution" and inserting "foreign bank 
and any affiliate thereof. 
12 use 252. 
SEC. 2227. CREDIT AVAILABILITY ASSESSMENT. 
(a) STUDY.— 
(1) IN GENERAL.—^Not later than 12 months after the date 
of enactment of this Act, and once every 60 months thereafter, 
the Board, in consultation with the Director of the Office of 
Thrift Supervision, the Comptroller of the Currency, the Board 
of Directors of the Corporation, the Administrator of the 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-418 
National Credit Union Administration, the Administrator of 
the Small Business Administration, and the Secretary of Com-
merce, shall conduct a study and submit a report to the Con-
gress detailing the extent of small business lending by all 
creditors. 
(2) CONTENTS OF STUDY.—The study required under para-
graph (1) shall identify, to the extent practicable, those factors 
which provide policymakers with insights into the small busi-
ness credit market, including— 
(A) the demand for small business credit, including 
consideration of the impact of economic cycles on the levels 
of such demand; 
(B) the availability of credit to small businesses; 
(C) the range of credit options available to small 
businesses, such as those available from insured depository 
institutions and other providers of credit; 
(D) the types of credit products used to finance small 
business operations, including the use of traditional loans, 
leases, lines of credit, home equity loans, credit cards, 
and other sources of financing; 
(E) the credit needs of small businesses, including, 
if appropriate, the extent to which such needs differ, based 
upon product type, size of business, cash flow requirements, 
characteristics of ownership or investors, or other aspects 
of such business; 
(F) the types of risks to creditors in providing credit 
to small businesses; and 
(G) such other factors as the Board deems appropriate. 
(b) USE OF EXISTING DATA.—^The studies required by this sec-
tion shall not increase the regulatory or paperwork burden on 
regulated financial institutions, other sources of small business 
credit, or small businesses. 
CHAPTER 
3—REGULATORY 
MICROMANAGEMENT 
RELIEF 
SEC. 2241. NATIONAL BANK DIRECTORS. 
Section 5146 of the Revised Statutes of the United States 
(12 U.S.C. 72) is amended in the first sentence, by striking "except" 
and all that follows through the end of the sentence and inserting 
the following: "except that the Comptroller may, in the discretion 
of the Comptroller, waive the requirement of residency.". 
SEC. 2242. PAPERWORK REDUCTION REVIEW. 
Section 303(a) of the Riegle Community Development and Regu-
latory Improvement Act of 1994 (12 U.S.C. 4803(a)) is amended— 
(1) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively; and 
(2) by inserting after paragraph (1) the following new para-
graph: 
"(2) review the extent to which existing regulations require 
insured depository institutions and insured credit unions to 
produce unnecessary internal written policies and eliminate 
such requirements, where appropriate;". 
110 STAT. 3009-419 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SEC. 2243. STATE BANK REPRESENTATION ON BOARD OF DIRECTORS 
OF THE FDIC. 
Section 2(a)(1)(C) of the Federal Deposit Insurance Act (12 
U.S.C. 1812(a)(1)(C)) is amended by inserting before the period 
", 1 of whom shall have State bank supervisory experience". 
SEC. 2244. CONSULTATION AMONG EXAMINERS. 
(a) IN GENERAL.—Section 10 of the Federal Deposit Insurance 
Act (12 U.S.C. 1820) is amended by adding at the end the following 
new subsection: 
"0") CONSULTATION AMONG EXAMINERS.— 
"(1) IN GENERAL.—Each appropriate Federal 
banking 
agency shall take such action as may be necessary to ensure 
that examiners employed by the agency— 
"(A) consult on examination activities with respect to 
any depository institution; and 
"(B) achieve an agreement and resolve any inconsist-
encies in the recommendations to be given to such institu-
tion as a consequence of any examinations. 
"(2) 
EXAMINER-IN-CHARGE.—Each 
appropriate 
Federal 
banking agency shall consider appointing an examiner-in-
charge with respect to a depository institution to ensure con-
sultation on examination activities among all of the examiners 
of that agency involved in examinations of the institution.". 
(b) COORDINATED AND UNIFIED EXAMINATION FLEXIBILITY.—Sec-
tion 10(d)(6)(B) of the Federal Deposit Insurance Act (12 U.S.C. 
1820(d)(6)(B)) is amended by inserting "or State bank supervisors" 
after "one of the Federal agencies". 
Subtitle C—Regulatory Impact on Cost of 
Credit and Credit Availability 
SEC. 2301. AUDIT COSTS. 
(a) AUDITOR ATTESTATIONS.—Section 36 of the Federal Deposit 
Insurance Act (12 U.S.C. 1831m) is amended by striking subsection 
(e) and inserting the following: 
"(e) [Repealed]". 
(b) INDEPENDENT AUDIT COMMITTEES.—Section 36(g)(1) of the 
Federal Deposit Insurance Act (12 U.S.C. 1831m(g)(l)) is amended— 
(1) in subparagraph (A), by inserting ", except as provided 
in subparagraph (D)" after "management of the institution"; 
and 
(2) by adding at the end the following new subparagraph: 
"(D) EXEMPTION AUTHORITY.— 
"(i) IN GENERAL.—^An appropriate Federal banking 
agency may, by order or regulation, permit the 
independent audit committee of an insured depository 
institution to be made up of less than all, but no 
fewer than a majority of, outside directors, if the 
agency determines that the institution has encountered 
hardships in retaining and recruiting a sufficient num-
ber of competent outside directors to serve on the 
internal audit committee of the institution. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-420 
"(ii) FACTORS TO BE CONSIDERED.—In determining 
whether an insured depository institution has encoun-
tered hardships referred to in clause (i), the appro-
priate Federal banking agency shall consider factors 
such as the size of the institution, and whether the 
institution has made a good faith effort to elect or 
name additional competent outside directors to the 
board of directors of the institution who may serve 
on the internal audit committee.". 
(c) PUBLIC AVAILABILITY.—Section 36(a)(3) of the 
Federal 
Deposit Insurance Act (12 U.S.C. 1831m(a)(3)) is amended by adding 
at the end the following: "Notwithstanding the preceding sentence, 
the Corporation and the appropriate Federal banking agencies may 
designate certain information as privileged and confidential and 
not available to the public". 
SEC. 2302. INCENTIVES FOR SELF-TESTING. 
(a) EQUAL CREDIT OPPORTUNITY.— 
(1) IN GENERAL.—^The Equal Credit Opportunity Act (15 
U.S.C. 1691 et seq.) is amended by inserting after section 
704 the following new section: 
"SEC. 704A. INCENTIVES FOR SELF-TESTING AND SELF-CORRECTION. 
15 USC 1691c-I. 
"(a) PRIVILEGED INFORMATION.— 
"(1) CONDITIONS FOR PRIVILEGE.—^A report or result of a 
self-test (as that term is defined by regulations of the Board) 
shall be considered to be privileged under paragraph (2) if 
a creditor— 
"(A) conducts, or authorizes an independent third party 
to conduct, a self-test of any aspect of a credit transaction 
by a creditor, in order to determine the level or effectiveness 
of compliance with this title by the creditor; and 
"(B) has identified any possible violation of this title 
by the creditor and has taken, or is taking, appropriate 
corrective action to address any such possible violation. 
"(2) PRIVILEGED SELF-TEST.—If a creditor meets the condi-
tions specified in subparagraphs (A) and (B) of paragraph (1) 
with respect to a self-test described in that paragraph, any 
report or results of that self-test— 
"(A) shall be privileged; and 
"(B) may not be obtained or used by any applicant, 
department, or agency in any— 
"(i) proceeding or civil action in which one or more 
violations of this title are alleged; or 
"(ii) examination or investigation 
relating to 
compliance with this title. 
"(b) RESULTS OF SELF-TESTING.— 
"(1) IN GENERAI..—No provision of this section may be 
construed to prevent an applicant, department, or agency from 
obtaining or using a report or results of any self-test in any 
proceeding or civil action in which a violation of this title 
is alleged, or in any examination or investigation of compliance 
with this title if— 
"(A) the creditor or any person with lawful access to 
the report or results— 
"(i) voluntarily releases or discloses all, or any 
part of, the report or results to the applicant, depart-
ment, or agency, or to the general public; or 
110 STAT. 3009-421 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(ii) refers to or describes the report or results 
as a defense to charges of violations of this title against 
the creditor to whom the self-test relates; or 
"(B) the report or results are sought in conjunction 
with an adjudication or admission of a violation of this 
title for the sole purpose of determining an appropriate 
penalty or remedy. 
"(2) DISCLOSURE FOR DETERMINATION OF PENALTY OR REM-
EDY.—^Any report or results of a self-test that are disclosed 
for the purpose specified in paragraph (1)(B)— 
"(A) shall be used only for the particular proceeding 
in which the adjudication or admission referred to in para-
graph (1)(B) is made; and 
"(B) may not be used in any other action or proceeding. 
"(c) ADJUDICATION.—^An applicant, department, or agency that 
challenges a privilege asserted under this section may seek a deter-
mination of the existence and application of that privilege in— 
"(1) a court of competent jurisdiction; or 
"(2) an administrative law proceeding with appropriate 
jurisdiction.". 
15 use 1691C-1 
(2) REGULATIONS.— 
note. 
(A) IN GENERAL.—Not later than 6 months after the 
date of enactment of this Act, in consultation with the 
Secretary of Housing and Urban Development and the 
agencies referred to in section 704 of the Equal Credit 
Opportunity Act, and after providing notice and an oppor-
tunity for public comment, the Board shall prescribe final 
regulations to implement section 704A of the Equal Credit 
Opportunity Act, as added by this section. 
(B) SELF-TEST.— 
(i) DEFINITION.—^The regulations prescribed under 
subparagraph (A) shall include a definition of the term 
"self-test" for purposes of section 704A of the Equal 
Credit Opportunity Act, as added by this section. 
(ii) REQUIREMENT FOR SELF-TEST.—The regulations 
prescribed under subparagraph (A) shall specify that 
a self-test shall be sufficiently extensive to constitute 
a determination of the level and effectiveness of compli-
ance by a creditor with the Equal Credit Opportunity 
Act. 
(iii) SUBSTANTIAL SIMILARITY TO CERTAIN FAIR 
HOUSING ACT REGULATIONS.—The regulations pre-
scribed under subparagraph (A) shall be substantially 
similar to the regulations prescribed by the Secretary 
of Housing and Urban Development to carry out section 
814A(d) of the Fair Housing Act, as added by this 
section. 
(3) CLERICAL AMENDMENT.—^The table of sections for title 
VII of the Consumer Credit Protection Act is amended by 
inserting after the item relating to section 704 the following 
new item: 
"704A. Incentives for self-testing and self-correction.". 
(b) FAIR HOUSING.— 
(1) IN GENERAL.—The Fair Housing Act (42 U.S.C. 3601 
et seq.) is amended by inserting after section 814 the following 
new section: 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-422 
"SEC. 814A. INCENTIVES FOR SELF-TESTING AND SELF-CORRECTION. 
42 USC 3614-1. 
"(a) PRIVILEGED INFORMATION.— 
"(1) CONDITIONS FOR PRIVILEGE.—^A report or result of a 
self-test (as that term is defined by regulation of the Secretary) 
shall be considered to be privileged under paragraph (2) if 
any person— 
"(A) conducts, or authorizes an independent third party 
to conduct, a self-test of any aspect of a residential real 
estate related lending transaction of that person, or any 
part of that transaction, in order to determine the level 
or effectiveness of compliance with this title by that person; 
and 
"(B) has identified any possible violation of this title 
by that person and has taken, or is taking, appropriate 
corrective action to address any such possible violation. 
"(2) PRIVILEGED SELF-TEST.—If a person meets the condi-
tions specified in subparagraphs (A) and (B) of paragraph (1) 
with respect to a self-test described in that paragraph, any 
report or results of that self-test— 
"(A) shall be privileged; and 
"(B) may not be obtained or used by any applicant, 
department, or agency in any— 
"(i) proceeding or civil action in which one or more 
violations of this title are alleged; or 
"(ii) examination or investigation 
relating to 
compliance with this title. 
"(b) RESULTS OF SELF-TESTING.— 
"(1) IN GENERAL,.—No provision of this section may be 
construed to prevent an aggrieved person, complainant, depart-
ment, or agency from obtaining or using a report or results 
of any self-test in any proceeding or civil action in which 
a violation of this title is alleged, or in any examination or 
investigation of compliance with this title if— 
"(A) the person to whom the self-test relates or any 
person with lawful access to the report or the results— 
"(i) voluntarily releases or discloses all, or any 
part of, the report or results to the aggrieved person, 
complainant, department, or agency, or to the general 
public; or 
"(ii) refers to or describes the report or results 
as a defense to charges of violations of this title against 
the person to whom the self-test relates; or 
"(B) the report or results are sought in conjunction 
with an adjudication or admission of a violation of this 
title for the sole purpose of determining an appropriate 
penalty or remedy. 
"(2) DISCLOSURE 'FOR DETERMINATION OF PENALTY OR REM-
EDY.—^Any report or results of a self-test that are disclosed 
for the purpose specified in paragraph (1)(B)— 
"(A) shall be used only for the particular proceeding 
in which the adjudication or admission referred to in para-
graph (1)(B) is made; and 
"(B) may not be used in any other action or proceeding. 
"(c) ADJUDICATION.—^An aggrieved person, complainant, depart-
ment, or agency that challenges a privilege asserted under this 
section may seek a determination of the existence and application 
of that privilege in— 
110 STAT. 3009-423 
PUBLIC LAW 104-208—SEPT. 30, 1996 
42 use 3614-1 
note. 
15 use 1691C-1 
note. 
"(1) a court of competent jurisdiction; or 
"(2) an administrative law proceeding with appropriate 
jurisdiction.". 
(2) REGULATIONS.— 
(A) IN GENERAL.—Not later than 6 months after the 
date of enactment of this Act, in consultation with the 
Board and after providing notice and an opportunity for 
public comment, the Secretary of Housing and Urban 
Development shall prescribe final regulations to implement 
section 814A of the Fair Housing Act, as added by this 
section. 
(B) SELF-TEST.— 
(i) DEFINITION.—^The regulations prescribed by the 
Secretary under subparagraph (A) shall include a defi-
nition of the term "self-test" for purposes of section 
814A of the Fair Housing Act, as added by this section. 
(ii) REQUIREMENT FOR SELF-TEST.—The regulations 
prescribed by the Secretary under subparagraph (A) 
shall specify that a self-test shall be sufficiently exten-
sive to constitute a determination of the level and 
effectiveness of the compliance by a person engaged 
in residential real estate related lending activities with 
the Fair Housing Act. 
(iii) SUBSTANTIAL SIMILARITY TO CERTAIN EQUAL 
CREDIT OPPORTUNITY ACT REGULATIONS.—The regula-
tions prescribed under subparagraph (A) shall be 
substantially similar to the regulations prescribed by 
the Board to carry out section 704A of the Equal Credit 
Opportunity Act, as added by this section. 
(c) APPLICABILITY.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
privilege provided for in section 704A of the Equal Credit 
Opportunity Act or section 814A of the Fair Housing Act (as 
those sections are added by this section) shall apply to a self-
test (as that term is defined pursuant to the regulations pre-
scribed under subsection (a)(2) or (b)(2) of this section, as appro-
priate) conducted before, on, or sifter the effective date of the 
regulations prescribed under subsection (a)(2) or (b)(2), as 
appropriate. 
(2) EXCEPTION.—^The privilege referred to in paragraph (1) 
does not apply to such a self-test conducted before the effective 
date of the regulations prescribed under subsection (a) or (b), 
as appropriate, if— 
(A) before that effective date, a complaint against the 
creditor or person engaged in residential real estate related 
lending activities (as the case may be) was— 
(i) formally filed in any court of competent jurisdic-
tion; or 
(ii) the subject of an ongoing administrative law 
proceeding; 
(B) in the case of section 704A of the Equal Credit 
Opportunity Act, the creditor has waived the privilege 
pursuant to subsection (b)(l)(A)(i) of that section; or 
(C) in the case of section 814A of the Fair Housing 
Act, the person engaged in residential real estate related 
lending activities has waived the privilege pursuant to 
subsection (b)( l)(A)(i) of that section. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-424 
SEC. 2303. QUALIFIED THRIFT INVESTMENT AMENDMENTS. 
(a) CREDIT CARDS.—Section 5(b) of the Home Owners' Loan 
Act (12 U.S.C. 1464(b)) is amended— 
(1) by striking paragraph (4); and 
(2) by redesignating paragraph (5) as paragraph (4). 
(b) LOANS OR INVESTMENTS WITHOUT PERCENTAGE OF ASSETS 
LIMITATION.—Section 5(c)(1) of the Home Owners' Loan Act (12 
U.S.C. 1464(c)(1)) is amended by adding at the end the following 
new subparagraphs: 
"(T) CREDIT CARD LOANS.—Loans made through credit 
cards or credit card accounts. 
"(U) EDUCATIONAL LOANS.—Loans made for the pay-
ment of educational expenses.". 
(c) COMMERCIAL AND OTHER LOANS.—Section 5(c)(2)(A) of the 
Home Owners' Loan Act (12 U.S.C. 1464(c)(2)(A)) is amended to 
read as follows: 
"(A) 
COMMERCIAL AND OTHER LOANS.—Secured 
or 
unsecured loans for commercial, corporate, business, or 
agricultural purposes. The aggregate amount of loans made 
under this subparagraph may not exceed 20 percent of 
the total assets of the Federal savings association, and 
amounts in excess of 10 percent of such total assets may 
be used under this subparagraph only for small business 
loans, as that term is defined by the Director.". 
(d) LOANS OR INVESTMENTS LIMITED TO 5 PERCENT OF ASSETS.— 
Section 5(c)(3) of the Home Owners' Loan Act (12 U.S.C. 1464(c)(3)) 
is amended— 
(1) by striking subparagraph (A); and 
(2) by redesignating subparagraphs (B), (C), and (D) as 
subparagraphs (A), (B), and (C), respectively. 
(e) QUALIFIED THRIFT LENDER TEST.—Section 10(m)(l) of the 
Home Owners' Loan Act (12 U.S.C. 1467a(m)(l)) is amended— 
(1) by redesignating subparagraph (B) as clause (ii); 
(2) in subparagraph (A), by striking "(A) the savings" and 
inserting "(B)(i) the savings"; and 
(3) by inserting after "if—" the following new subparagraph: 
"(A) the savings association qualifies as a domestic 
building and loan association, as such term is defined in 
section 7701(a)(19) of the Internal Revenue Code of 1986; 
or . 
(f) BRANCHING.—Section 5(r) of the Home Owners' Loan Act 
(12 U.S.C. 1464(r)) is amended— 
(1) in paragraph (1)— 
(A) in the first sentence— 
(i) by inserting before the period ", or qualifies 
as a qualified thrift lender, as determined under sec-
tion 10(m) of this Act"; and 
(ii) by striking "(c) and inserting "(C)"; and 
(B) in the second sentence, by inserting before the 
period "or as a qualified thrift lender, as determined under 
section 10(m) of this Act, as applicable"; and 
(2) in paragraph (2), by striking subparagraph (C) and 
inserting the following: 
"(C) the law of the State where the branch is located, 
or is to be located, would permit establishment of the branch 
if the association was a savings association or savings bank 
110 STAT. 3009-425 
PUBLIC LAW 104-208—SEPT. 30, 1996 
chartered by the State in which its home office is located; 
or . 
(g) DEFINITION.—Section 10(m)(4) of the Home Owners' Loan 
Act (12 U.S.C. 1467a(m)(4)) is amended— 
(1) by striking "subsection—" and inserting "subsection, 
the following definitions shall apply:"; 
' (2) in subparagraph (C)— 
(A) in clause (ii), by adding at the end the following 
new subclause: 
"(VII) Loans for educational purposes, loans 
to small businesses, and loans made through credit 
cards or credit card accounts."; and 
(B) in clause (iii), by striking subclause (VI) and insert-
ing the following: 
"(VI) Loans for personal, family, or household 
purposes (other than loans for personal, family, 
or 
household 
purposes 
described 
in 
clause 
(ii)(VII))."; and 
(3) by adding at the end the following new subparagraphs: 
"(D) CREDIT CARD.—^The Director shall issue such regu-
lations as may be necessary to define the term 'credit 
card'. 
"(E) SMALL BUSINESS.—^The Director shall issue such 
regulations as may be necessary to define the term 'small 
business'.". 
SEC. 2304. UMITED PURPOSE BANKS. 
(a) GROWTH CAP RELIEF.—Section 4(f)(3)(B) of the Bank Hold-
ing Company Act of 1956 (12 U.S.C. 1843(f)(3)(B)) is amended— 
(1) in clause (ii), by adding "or" at the end; 
(2) in clause (iii), by striking "; or" at the end and inserting 
a period; and 
(3) by striking clause (iv). 
(b) LIMITED PURPOSE BANK EXCEPTION.—Section 2(c)(2)(F) of 
the Bank Holding Company Act of 1956 (12 U.S.C. 1841(c)(2)(F)) 
is amended by inserting ", including an institution that accepts 
collateral for extensions of credit by holding deposits under 
$100,000, and by other means" after "An institution". 
SEC. 2305. AMENDMENT TO FAIR DEBT COLLECTION PRACTICES ACT. 
(a) IN GENERAL.—Section 807(11) of the Fair Debt Collection 
Practices Act (15 U.S.C. 1692e(ll)) is amended to read as follows: 
"(11) T?he failure to disclose in the initial written commu-
nication with the consumer and, in addition, if the initial 
communication with the consumer is oral, in that initial oral 
communication, that the debt collector is attempting to collect 
a debt and that any information obtained will be used for 
that purpose, and the failure to disclose in subsequent commu-
nications that the communication is from a debt collector, except 
that this paragraph shall not apply to a formal pleading made 
in connection with a legal action.". 
15 use I692e 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
°ote. 
shall take effect 90 days after the date of enactment of this Act 
and shall apply to all communications made after that date of 
enactment. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-426 
SEC. 2306. INCREASE IN CERTAIN CREDIT UNION LOAN CEILINGS. 
Section 107(5)(A) of the Federal Credit Union Act (12 U.S.C. 
1757(5)(A)) is amended— 
(1) in clause (iv), by striking "$10,000" and inserting 
"$20,000"; and 
(2) in clause (v), by striking "$10,000" and inserting 
"$20,000". 
SEC. 2307. BANK INVESTMENTS IN EDGE ACT AND AGREEMENT COR-
PORATIONS. 
The 10th undesignated paragraph of section 25A of the Federal 
Reserve Act (12 U.S.C. 618) is amended by striking the last sentence 
and inserting the following: "Any national bank may invest in 
the stock of any corporation organized under this section. The 
aggregate amount of stock held by any national bank in all corpora-
tions engaged in business of the kind described in this section 
or section 25 shall not exceed an amount equal to 10 percent 
of the capital and surplus of such bank unless the Board determines 
that the investment of an additional amount by the bank would 
not be unsafe or unsound and, in any case, shall not exceed an 
amount equal to 20 percent of the capital and surplus of such 
bank.". 
Subtitle D—Consumer Credit 
CHAPTER 1—CREDIT REPORTING REFORM 
Consumer Credit 
Reporting 
SEC. 2401. SHORT TITLE. 
Reform Act of 
lySro. 
This chapter may be cited as the "Consumer Credit Reporting 
15 USC1601 
Reform Act of 1996". 
note. 
SEC. 2402. DEFINITIONS. 
(a) ADVERSE ACTION.—Section 603 of the Fair Credit Reporting 
Act (15 U.S.C. 1681a) is amended by adding at the end the following 
new subsection: 
"(k) ADVERSE ACTION.— 
"(1) ACTIONS INCLUDED.—^The term 'adverse action'— 
"(A) has the same meaning as in section 701(d)(6) 
of the Equal Credit Opportunity Act; and 
"(B) means— 
"(i) a denial or cancellation of, an increase in any 
charge for, or a reduction or other adverse or unfavor-
able change in the terms of coverage or amount of, 
any insurance, existing or applied for, in connection 
with the underwriting of insurance; 
"(ii) a denial of emplo3anent or any other decision 
for employment purposes that adversely affects any 
current or prospective employee; 
"(iii) a denial or cancellation of, an increase in 
any charge for, or any other adverse or unfavorable 
change in the terms of, any license or benefit described 
in section 604(a)(3)(D); and 
"(iv) an action taken or determination that is— 
"(I) made in connection with an application 
that was made by, or a transaction that was initi-
ated by, any consumer, or in connection with a 
110 STAT. 3009-427 
PUBLIC LAW 104-208—SEPT. 30, 1996 
review of an account under section 604(a)(3)(F)(ii); 
and 
"(11) adverse to the interests of the consumer. 
"(2) APPLICABLE FINDINGS, DECISIONS, COMMENTARY, AND 
ORDERS.—For purposes of any determination of whether an 
action is an adverse action under paragraph (1)(A), all appro-
priate final findings, decisions, commentary, and orders issued 
under section 701(d)(6) of the Equal Credit Opportunity Act 
by the Board of Governors of the Federal Reserve System 
or any court shall apply.". 
(b) FIRM OFFER OF CREDIT OR INSURANCE.—Section 603 
of 
the Fair Credit Reporting Act (15 U.S.C. 1681a) (as amended by 
subsection (a) of this section) is amended by adding at the end 
the following new subsection: 
"(l) FIRM OFFER OF CREDIT OR INSURANCE.—The term 'firm 
offer of credit or insurance' means any offer of credit or insurance 
to a consumer that will be honored if the consumer is determined, 
based on information in a consumer report on the consumer, to 
meet the specific criteria used to select the consumer for the offer, 
except that the offer may be further conditioned on one or more 
of the following: 
"(1) The consumer being determined, based on information 
in the consumer's application for the credit or insurance, to 
meet specific criteria bearing on credit worthiness or insurabil-
ity, as applicable, that are established— 
"(A) before selection of the consumer for the offer; 
and 
"(B) for the purpose of determining whether to extend 
credit or insurance pursuant to the offer. 
"(2) Verification— 
"(A) that the consumer continues to meet the specific 
criteria used to select the consumer for the offer, by using 
information in a consumer report on the consumer, iAforma 
tion in the consumer's application for the credit or insur-
ance, or other information bearing on the credit worthiness 
or insurability of the consumer; or 
"(B) of the information in the consumer's application 
for the credit or insurance, to determine that the consumer 
meets the specific criteria bearing on credit worthiness 
or insurability. 
"(3) The consumer furnishing any collateral that is a 
requirement for the extension of the credit or insurance that 
was— 
"(A) established before selection of the consumer for 
the offer of credit or insurance; and 
"(B) disclosed to the consumer in the offer of credit 
or insurance.". 
(c) CREDIT OR INSURANCE TRANSACTION THAT IS NOT INITIATED 
B
Y THE CONSUMER.—Section 603 of the Fair Credit Reporting Act 
(15 U.S.C. 1681a) (as amended by subsection (b) of this section) 
is amended by adding at the end the following new subsection: 
"(m) CREDIT OR INSURANCE TRANSACTION THAT IS NOT INITI-
ATED BY THE CONSUMER.—^The term 'credit or insurance transaction 
that is not initiated by the consumer' does not include the use 
of a consumer report by a person with which the consumer has 
an account or insurance policy, for purposes of— 
"(1) reviewing the account or insurance policy; or 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-428 
"(2) collecting the account.". 
(d) STATE.—Section 603 of the Fair Credit Reporting Act (15 
U.S.C. 1681a) (as amended by subsection (c) of this section) is 
amended by adding at the end the following new subsection: 
"(n) STATE.—The term 'State' means any State, the Common-
wealth of Puerto Rico, the District of Columbia, and any territory 
or possession of the United States.". 
(e) DEFINITION OF CONSUMER REPORT.—Section 603(d) of the 
Fair Credit Reporting Act (15 U.S.C. 1681a(d)) is amended— 
(1) by striking "(d) The term" and inserting the following: 
"(d) CONSUMER REPORT.— 
"(1) IN GENERAL.—The term"; 
(2) by striking "for (1) credit" and inserting the following: 
"for— 
"(A) credit"; 
(3) by striking "purposes, or (2)" and all that follows 
through "section 604." and inserting the following: "purposes; 
"(B) emplojTTient purposes; or 
"(C) any other purpose authorized under section 604."; 
and 
(4) by striking the second sentence and inserting the follow-
ing: 
"(2) EXCLUSIONS.—^The term 'consumer report' does not 
include— 
"(A) any— 
"(i) report containing information solely as to 
transactions or experiences between the consumer and 
the person making the report; 
"(ii) communication of that information among per-
sons related by common ownership or affiliated by 
corporate control; or 
"(iii) any communication of other 
information 
among persons related by common ownership or affili-
ated by corporate control, if it is clearly and conspicu-
ously disclosed to the consumer that the information 
may be communicated among such persons and the 
consumer is given the opportunity, before the time 
that the information is initially communicated, to 
direct that such information not be communicated 
among such persons; 
"(B) any authorization or approval of a specific exten-
sion of credit directly or indirectly by the issuer of a credit 
card or similar device; 
"(C) any report in which a person who has been 
requested by a third party to make a specific extension 
of credit directly or indirectly to a consumer conveys his 
or her decision with respect to such request, if the third 
party advises the consumer of the name and address of 
the person to whom the request was made, and such person 
makes the disclosures to the consumer required under sec-
tion 615; or 
"(D) a communication described in subsection (o).". 
(f) EXCLUSION OF CERTAIN COMMUNICATIONS BY EMPLOYMENT 
AGENCIES FROM DEFINITION OF CONSUMER REPORT.—Section 603 
of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended 
by adding at the end the following new subsection: 
110 STAT. 3009-429 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(o) 
EXCLUDED 
COMMUNICATIONS.—^A 
communication 
is 
described in this subsection if it is a communication— 
"(1) that, but for subsection (d)(2)(E), would be an investiga-
tive consumer report; 
"(2) that is made to a prospective employer for the purpose 
of— 
"(A) procuring an employee for the employer; or 
"(B) procuring an opportunity for a natural person 
to work for the employer; 
"(3) that is made by a person who regularly performs 
such procurement; 
"(4) that is not used by any person for any purpose other 
than a purpose described in subparagraph (A) or (B) of para-
graph (2); or 
"(5) with respect to which— 
"(A) the consumer who is the subject of the communica-
tion— 
"(i) consents orally or in writing to the nature 
and scope of the communication, before the collection 
of any information for the purpose of making the 
communication; 
"(ii) consents orally or in writing to the making 
of the communication to a prospective employer, before 
the making of the communication; and 
"(iii) in the case of consent under clause (i) or 
(ii) given orally, is provided written confirmation of 
that consent by the person making the communication, 
not later than 3 business days after the receipt of 
the consent by that person; 
"(B) the person who makes the communication does 
not, for the purpose of making the communication, make 
any inquiry that if made by a prospective employer of 
the consumer who is the subject of the communication 
would violate any applicable Federal or State equal employ-
ment opportunity law or regulation; and 
"(C) the person who makes the communication— 
"(i) discloses in writing to the consumer who is 
the subject of the communication, not later than 5 
business days after receiving any request from the 
consumer for such disclosure, the nature and substance 
of all information in the consumer's file at the time 
of the request, except that the sources of any informa-
tion that is acquired solely for use in making the 
communication and is actually used for no other pur-
pose, need not be disclosed other than under appro-
priate discovery procedures in any court of competent 
jurisdiction in wMch an action is brought; and 
"(ii) notifies the consumer who is the subject of 
the communication, in writing, of the consumer's right 
to request the information described in clause (i).". 
(g) CONSUMER REPORTING AGENCY THAT COMPILES AND MAIN-
TAINS FILES ON A NATIONWIDE BASIS.—Section 603 of the Fair 
Credit Reporting Act (15 U.S.C. 1681a) (as amended by subsection 
(f) of this section) is amended by adding at the end the following 
new subsection: 
"(p) CONSUMER REPORTING AGENCY THAT COMPILES AND MAIN-
TAINS FILES ON CONSUMERS ON A NATIONWIDE BASIS.—^The term 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-430 
'consumer reporting agency that compiles and maintains files on 
consumers on a nationwide basis' means a consumer reporting 
agency that regularly engages in the practice of assembling or 
evaluating, and maintaining, for the purpose of furnishing consumer 
reports to third parties bearing on a consumer's credit worthiness, 
credit standing, or credit capacity, each of the following regarding 
consumers residing nationwide: 
"(1) Public record information. 
"(2) Credit account information from persons who furnish 
that information regularly and in the ordinary course of busi-
ness.". 
SEC. 2403. FURNISHING CONSUMER REPORTS; USE FOR EMPLOYMENT 
PURPOSES. 
(a) FURNISHING CONSUMER REPORTS FOR BUSINESS TRANS-
ACTIONS.—Section 604 of the Fair Credit Reporting Act (15 U.S.C. 
1681b) is amended— 
(1) by inserting "(a) IN GENERAL.—" before "A consumer 
reporting agency"; and 
(2) in subsection (a)(3) (as so designated by paragraph 
(1) of this subsection), by striking subparagraph (E) and insert-
ing the following: 
"(E) intends to use the information, as a potential 
investor or servicer, or current insurer, in connection with 
a valuation of, or an assessment of the credit or prepayment 
risks associated with, an existing credit obligation; or 
"(F) otherwise has a legitimate business need for the 
information— 
"(i) in connection with a business transaction that 
is initiated by the consumer; or 
"(ii) to review an account to determine whether 
the consumer continues to meet the terms of the 
account.". 
(b) FURNISHING AND USING CONSUMER REPORTS FOR EMPLOY-
MENT PURPOSES.—Section 604 of the Fair Credit Reporting Act 
(15 U.S.C. 1681b) is amended by adding at the end the following 
new subsection: 
"(b) 
CONDITIONS FOR FURNISHING AND USING CONSUMER 
REPORTS FOR EMPLOYMENT PURPOSES.— 
"(1) CERTIFICATION FROM USER.—^A consumer reporting 
agency may furnish a consumer report for employment purposes 
only if— 
"(A) the person who obtains such report from the 
agency certifies to the agency that— 
"(i) the person has complied with paragraph (2) 
with respect to the consumer report, and the person 
will comply with paragraph (3) with respect to the 
consumer report if paragraph (3) becomes applicable; 
and 
"(ii) information from the consumer report will 
not be used in violation of any applicable Federal or 
State equal employment opportunity law or regulation; 
and 
"(B) the consumer reporting agency provides with the 
report a summary of the consumer's rights under this 
title, as prescribed by the Federal Trade Commission under 
section 609(c)(3). 
110 STAT. 3009-431 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(2) DISCLOSURE TO CONSUMER.—^A person may not procure 
a consumer report, or cause a consumer report to be procured, 
for employment purposes with respect to any consumer, 
unless— 
"(A) a clear and conspicuous disclosure has been made 
in writing to the consumer at any time before the report 
is procured or caused to be procured, in a document that 
consists solely of the disclosure, that a consumer report 
may be obtained for employment purposes; and 
"(B) the consumer has authorized in writing the 
procurement of the report by that person. 
"(3) CONDITIONS ON USE FOR ADVERSE ACTIONS.—In using 
a consumer report for employment purposes, before taking any 
adverse action based in whole or in part on the report, the 
person intending to take such adverse action shall provide 
to the consumer to whom the report relates— 
"(A) a copy of the report; and 
"(B) a description in writing of the rights of the 
consumer under this title, as prescribed by the Federal 
Trade Commission under section 609(c)(3).". 
SEC. 
2404. USE OF CONSUMER REPORTS FOR PRESCREENING; 
^ 
PROHIBITION ON UNAUTHORIZED OR UNCERTIFIED USE 
OF INFORMATION. 
(a) IN GENERAL.—Section 604 of the Fair Credit Reporting 
Act (15 U.S.C. 1681b) (as amended by section 2403 of this chapter) 
is amended— 
(1) in subsection (a), by striking "A consumer reporting 
agency" and inserting "Subject to subsection (c), any consumer 
reporting agency; and 
(2) by adding at the end the following new subsections: 
"(c) FURNISHING REPORTS IN CONNECTION WITH CREDIT OR 
INSURANCE 
TRANSACTIONS THAT ARE NOT INITIATED BY THE 
CONSUMER.— 
"(1) IN GENERAL.—^A consumer reporting agency may fur-
nish a consumer report relating to any consumer pursuant 
to subparagraph (A) or (C) of subsection (a)(3) in connection 
with any credit or insurance transaction that is not initiated 
by the consumer only if— 
"(A) the consumer authorizes the agency to provide 
such report to such person; or 
"(B)(i) the transaction consists of a firm offer of credit 
or insurance; 
"(ii) the consumer reporting agency has complied with 
subsection (e); and 
"(iii) there is not in effect an election by the consumer, 
made in accordance with subsection (e), to have the 
consumer's name and address excluded from lists of names 
provided by the agency pursuant to this paragraph. 
"(2) LIMITS ON INFORMATION RECEIVED UNDER PARAGRAPH 
(i)(B).—A person may receive pursuant to paragraph (1)(B) 
only— 
"(A) the name and address of a consumer; 
"(B) an identifier that is not unique to the consumer 
and that is used by the person solely for the purpose 
of verifying the identity of the consumer; and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-432 
"(C) other information pertaining to a consumer that 
does not identify the relationship or experience of the 
consumer with respect to a particular creditor or other 
entity. 
"(3) INFORMATION REGARDING INQUIRIES.—Except as pro-
vided in section 609(a)(5), a consumer reporting agency shall 
not furnish to any person a record of inquiries in connection 
with a credit or insurance transaction that is not initiated 
by a consumer. 
"(d) RESERVED 
"(e) ELECTION OF CONSUMER TO BE EXCLUDED FROM LISTS.— 
"(1) IN GENERAL.—^A consumer may elect to have the 
consumer's name and address excluded from any list provided 
by a consumer reporting agency under subsection (c)(1)(B) in 
connection with a credit or insurance transaction that is not 
initiated by the consumer, by notifying the agency in accordance 
with paragraph (2) that the consumer does not consent to 
any use of a consumer report relating to the consumer in 
connection with any credit or insurance transaction that is 
not initiated by the consumer. 
"(2) MANNER OF NOTIFICATION.—^A consumer shall notify 
a consumer reporting agency under paragraph (1)— 
"(A) through the notification system maintained by 
the agency under paragraph (5); or 
"(B) by submitting to the agency a signed notice of 
election form issued by the agency for purposes of this 
subparagraph. 
"(3) RESPONSE OF AGENCY AFTER NOTIFICATION THROUGH 
SYSTEM.—Upon receipt of notification of the election of a 
consumer under paragraph (1) through the notification system 
maintained by the agency under paragraph (5), a consumer 
reporting agency shall— 
"(A) inform the consumer that the election is effective 
only for the 2-year period following the election if the 
consumer does not submit to the agency a signed notice 
of election form issued by the agency for purposes of para-
graph (2)(B); and 
"(B) provide to the consumer a notice of election form, 
if requested by the consumer, not later than 5 business 
days after receipt of the notification of the election through 
the system established under paragraph (5), in the case 
of a request made at the time the consumer provides 
notification through the system. 
"(4) 
EFFECTIVENESS OF 
ELECTION.—^An election 
of 
a 
consumer under paragraph (1)— 
"(A) shall be effective with respect to a consumer 
reporting agency beginning 5 business days after the date 
on which the consumer notifies the agency in accordance 
with paragraph (2); 
"(B) shall be effective with respect to a consumer 
reporting agency— 
"(i) subject to subparagraph (C), during the 2-year 
period beginning 5 business days after the date on 
which the consumer notifies the agency of the election, 
in the case of an election for which a consumer notifies 
the agency only in accordance with paragraph (2)(A); 
or 
110 STAT. 3009-433 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(ii) until the consumer notifies the agency under 
subparagraph (C), in the case of an election for which 
a consumer notifies the agency in accordance with 
paragraph (2)(B); 
"(C) shall not be effective after the date on which 
the consumer notifies the agency, through the notification 
system established by the agency under paragraph (5), 
that the election is no longer effective; and 
"(D) shall be effective with respect to each affiliate 
of the agency. 
"(5) NOTIFICATION SYSTEM.— 
"(A) IN GENERAL.—Each consumer reporting agency 
that, under subsection (c)(1)(B), furnishes a consumer 
report in connection with a credit or insurance transaction 
that is not initiated by a consumer, shall— 
"(i) establish and maintain a notification system, 
including a toll-free telephone number, which permits 
any consumer whose consumer report is maintained 
by the agency to notify the agency, with appropriate 
identification, of the consumer's election to have the 
consumer's name and address excluded from any such 
list of names and addresses provided by the agency 
for such a transaction; and 
"(ii) publish by not later than 365 days after the 
date of enactment of the Consumer Credit Reporting 
Reform Act of 1996, and not less than annually there-
after, in a publication of general circulation in the 
area served by the agency— 
"(I) a notification that information in consumer 
files maintained by the agency may be used in 
connection with such transactions; and 
"(II) the address and toll-free telephone num-
ber for consumers to use to notify the agency of 
the consumer's election under clause (i). 
"(B) 
ESTABLISHMENT AND MAINTENANCE AS COMPLI-
ANCE.—Establishment and maintenance of a notification 
system (including a toll-free 
telephone number) 
and 
publication by a consumer reporting agency on the agency's 
own behalf and on behalf of any of its afiiliates in accord-
ance with this paragraph is deemed to be compliance with 
this paragraph by each of those affiliates. 
"(6) 
NOTIFICATION SYSTEM BY AGENCIES THAT OPERATE 
NATIONWIDE.—Each consumer reporting agency that compiles 
and maintains files on consumers on a nationwide basis shall 
establish and maintain a notification system for purposes of 
paragraph (5) jointly with other such consumer reporting agen-
cies.". 
(b) USE OF INFORMATION OBTAINED FROM REPORTS.—Section 
604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) (as amended 
by subsection (a) of this section) is amended by adding at the 
end the following new subsection: 
"(f) CERTAIN USE OR OBTAINING OF INFORMATION PROHIBITED.— 
A person shall not use or obtain a consumer report for any purpose 
unless— 
"(1) the consumer report is obtained for a purpose for 
which the consumer report is authorized to be furnished under 
this section; and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-434 
"(2) the purpose is certified in accordance with section 
607 by a prospective user of the report through a general 
or specific certification.". 
(c) FTC GUIDELINES REGARDING PRESCREENING FOR INSURANCE 
IS use lesib 
TRANSACTIONS.—The Federal Trade Commission may issue such °ote. 
guidelines as it deems necessary with respect to the use of consumer 
reports in connection with insurance transactions that are not initi-
ated by the consumer pursuant to section 604(c) of the Fair Credit 
Reporting Act, as added by subsection (a) of this section. 
SEC. 2405. CONSUMER CONSENT REQUIRED TO FURNISH CONSUMER 
REPORT CONTAINING MEDICAL INFORMATION. 
Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) 
is amended by adding at the end the following new subsection: 
"(g) 
FURNISHING 
REPORTS CONTAINING MEDICAL 
INFORMA-
TION.—^A consumer reporting agency shall not furnish for employ-
ment purposes, or in connection with a credit or insurance trans-
action or a direct marketing transaction, a consumer report that 
contains medical information 
about a consumer, unless 
the 
consumer consents to the furnishing of the report.". 
SEC. 2406. OBSOLETE INFORMATION AND INFORMATION CONTAINED 
IN CONSUMER REPORTS. 
(a) AMENDMENT TO LARGE-DOLLAR EXCEPTION.—Section 
605 
of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended— 
(1) by inserting "INFORMATION EXCLUDED FROM CONSUMER 
REPORTS.—" after "(a)"; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking "$50,000" and insert-
ing "$150,000"; 
(B) in paragraph (2), by striking "$50,000" and insert-
ing "$150,000"; and 
(C) in paragraph (3), by striking "$20,000" and insert-
ing "$75,000". 
(b) CLARIFICATION OF REPORTING PERIOD.—Section 605 of the 
Fair Credit Reporting Act (15 U.S.C. 1681c) (as amended by sub-
section (a) of this section) is amended by adding at the end the 
following new subsection: 
"(c) RUNNING OF REPORTING PERIOD.— 
"(1) IN GENERAL.—^The 7-year period referred to in para-
graphs (4) and (6) of subsection (a) shall begin, with respect 
to any delinquent account that is placed for collection 
(internally or by referral to a third party, whichever is earlier), 
charged to profit and loss, or subjected to any similar action, 
upon the expiration of the 180-day period beginning on the 
date of the commencement of the delinquency which imme-
diately preceded the collection activity, charge to profit and 
loss, or similar action. 
"(2) EFFECTIVE DATE.—Paragraph (1) shall apply only to 
items of information added to the file of a consumer on or 
after the date that is 455 days after the date of enactment 
of the Consumer Credit Reporting Reform Act of 1996.". 
(c) 
ADDITIONAL 
INFORMATION 
ON 
BANKRUPTCY 
FILINGS 
REQUIRED.—Section 605 of the Fair Credit Reporting Act (15 U.S.C. 
1681c) is amended by adding at the end the following new sub-
section: 
"(d) INFORMATION REQUIRED TO BE DISCLOSED.—^Any consumer 
reporting agency that furnishes a consumer report that contains 
110 STAT. 3009-435 
PUBLIC LAW 104-208—SEPT. 30, 1996 
information regarding any case involving the consumer that arises 
under title 11, United States Code, shall include in the report 
an identification of the chapter of such title 11 under which such 
case arises if provided by the source of the information. If any 
case arising or filed under title 11, United States Code, is withdrawn 
by the consumer before a final judgment, the consumer reporting 
agency shall include in the report that such case or filing was 
withdrawn upon receipt of documentation certifying such with-
drawal.". 
(d) INDICATION OF CLOSURE OF ACCOUNT; INDICATION OF DIS-
PUTE B
Y CONSUMER.—Section 605 of the Fair Credit Reporting 
Act (15 U.S.C. 1681c) is amended by adding at the end the following 
new subsections: 
"(e) INDICATION OF CLOSURE OF ACCOUNT BY CONST TVIER.— 
If a consumer reporting agency is notified pursuant to section 
623(a)(4) that a credit account of a consumer was voluntarily closed 
by the consumer, the agency shall indicate that fact in any consumer 
report that includes information related to the account. 
"(f) INDICATION OF DISPUTE BY CONSUMER.—If a consumer 
reporting agency is notified pursuant to section 623(a)(3) that 
information regarding a consumer who was furnished to the agency 
is disputed by the consumer, the agency shall indicate that fact 
in each consumer report that includes the disputed information.". 
(e) CONFORMING AMENDMENTS.— 
(1) Section 605 of the Fair Credit Reporting Act (15 U.S.C. 
1681c) is amended in the section heading, by striking "OBSO-
LETE INFORMATION" and inserting "REQUIREMENTS 
RELATING 
TO 
INFORMATION 
CONTAINED 
IN 
CONSUMER REPORTS". 
(2) The table of sections for the Fair Credit Reporting 
Act (15 U.S.C. 1681a et seq.) is amended by striking the item 
relating to section 605 and inserting the following: 
"605. Requirements relating to information contained in consumer reports.". 
SEC. 2407. COMPLIANCE PROCEDURES. 
(a) DISCLOSURE OF CONSUMER REPORTS BY USERS.—Section 
607 of the Fair Credit Reporting Act (15 U.S.C. 1681e) is amended 
by adding at the end the following new subsection: 
"(c) DISCLOSURE OF CONSUMER REPORTS BY USERS ALLOWED.— 
A consumer reporting agency may not prohibit a user of a consumer 
report furnished by the agency on a consumer from disclosing 
the contents of the report to the consumer, if adverse action against 
the consumer has been taken by the user based in whole or in 
part on the report.". 
(b) NOTICE TO USERS AND PROVIDERS OF INFORMATION To 
ENSURE COMPLIANCE.—Section 607 of the Fair Credit Reporting 
Act (15 U.S.C. 1681e) is amended by adding after subsection (c) 
(as added by subsection (a) of this section) the following new sub-
section: 
"(d) NOTICE TO USERS AND FURNISHERS OF INFORMATION.— 
"(1) NOTICE REQUIREMENT.—^A consumer reporting agency 
shall provide to any person— 
"(A) who regularly and in the ordinary course of busi-
ness furnishes information to the agency with respect to 
any consumer; or 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-436 
"(B) to whom a consumer report is provided by the 
agency; 
a notice of such person's responsibiHties under this title. 
"(2) CONTENT OF NOTICE.—^The Federal Trade Commission 
shall prescribe the content of notices under paragraph (1), 
and a consumer reporting agency shall be in compliance with 
this subsection if it provides a notice under paragraph (1) 
that is substantially similar to the Federal Trade Commission 
prescription under this paragraph.". 
(c) RECORD OF IDENTITY OF USERS AND PURPOSES CERTIFIED 
B
Y USERS OF REPORTS.—Section 607 of the Fair Credit Reporting 
Act (15 U.S.C. 168 le) is amended by adding after subsection (d) 
(as added by subsection (b) of this section) the following new sub-
section: 
"(e) PROCUREMENT OF CONSUMER REPORT FOR RESALE.— 
"(1) DISCLOSURE.—^A person may not procure a consumer 
report for purposes of reselling the report (or any information 
in the report) unless the person discloses to the consumer 
reporting agency that originally furnishes the report— 
"(A) the identity of the end-user of the report (or 
information); and 
"(B) each permissible purpose under section 604 for 
which the report is furnished to the end-user of the report 
(or information). 
"(2) RESPONSIBILITIES OF PROCURERS FOR RESALE.—A per-
son who procures a consumer report for purposes of reselling 
the report (or any information in the report) shall— 
"(A) establish and comply with reasonable procedures 
designed to ensure that the report (or information) is resold 
by the person only for a purpose for which the report 
may be furnished under section 604, including by requiring 
that each person to which the report (or information) is 
resold and that resells or provides the report (or informa-
tion) to any other person— 
"(i) identifies each end user of the resold report 
(or information); 
"(ii) certifies each purpose for which the report 
(or information) will be used; and 
"(iii) certifies that the report (or information) will 
be used for no other purpose; and 
"(B) before reselling the report, make reasonable efforts 
to verify the identifications and certifications made under 
subparagraph (A).". 
SEC. 2408. CONSUMER DISCLOSURES. 
(a) ALL INFORMATION IN CONSUMER'S FILE REQUIRED TO BE 
DISCLOSED.—Section 609(a)(1) of the Fair Credit Reporting Act 
(15 U.S.C. 1681g(a)(l)) is amended to read as follows: 
"(1) All information in the consumer's file at the time 
of the request, except that nothing in this paragraph shall 
be construed to require a consumer reporting agency to disclose 
to a consumer any information concerning credit scores or any 
other risk scores or predictors relating to the consumer.". 
(b) MORE INFORMATION CONCERNING RECIPIENTS OF REPORTS 
REQUIRED.—Section 609(a)(3) of the Fair Credit Reporting Act (15 
U.S.C. 1681g(a)) is amended to read as follows: 
110 STAT. 3009-437 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(3)(A) Identification of each person (including each end-
user identified under section 607(e)(1)) that procured a 
consumer report— 
"(i) for employment purposes, during the 2-year period 
preceding the date on which the request is made; or 
"(ii) for any other purpose, during the 1-year period 
preceding the date on which the request is made. 
"(B) An identification of a person under subparagraph (A) 
shall include— 
"(i) the name of the person or, if applicable, the trade 
name (written in full) under which such person conducts 
business; and 
"(ii) upon request of the consumer, the address and 
telephone number of the person.". 
(c) INFORMATION REGARDING INQUIRIES.—Section 609(a) of the 
Fair Credit Reporting Act (15 U.S.C. 1681g(a)) is amended by 
adding at the end the following new paragraph: 
' 
"(5) A record of all inquiries received by the agency during 
the 1-year period preceding the request that identified the 
consumer in connection with a credit or insurance transaction 
that was not initiated by the consumer.". 
(d) 
SUMMARY OF RIGHTS REQUIRED To 
BE INCLUDED WITH 
DISCLOSURE.— 
(1) IN GENERAL.—Section 609 of the Fair Credit Reporting 
Act (15 U.S.C. 168 Ig) is amended by adding at the end the 
following new subsection: 
"(c) 
SUMMARY OF RIGHTS REQUIRED TO BE INCLUDED WITH 
DISCLOSURE.— 
"(1) SUMMARY OF RIGHTS.—^A consumer reporting agency 
shall provide to a consumer, with each written disclosure by 
the agency to the consumer under this section— 
"(A) a written summary of all of the rights that the 
consumer has under this title; and 
"(B) in the case of a consumer reporting agency that 
compiles and maintains files on consumers on a nationwide 
basis, a toll-free telephone number established by the 
agency, at which personnel are accessible to consumers 
during normal business hours. 
"(2) SPECIFIC ITEMS REQUIRED TO BE INCLUDED.—The sum-
mary of rights required under paragraph (1) shall include— 
"(A) a brief description of this title and all rights of 
consumers under this title; 
"(B) an explanation of how the consumer may exercise 
the rights of the consumer under this title; 
"(C) a list of all Federal agencies responsible for enforc-
ing any provision of this title and the address and any 
appropriate phone number of each such agency, in a form 
that will assist the consumer in selecting the appropriate 
agency; 
"(D) a statement that the consumer may have addi-
tional rights under State law and that the consumer may 
wish to contact a State or local consumer protection agency 
or a State attorney general to learn of those rights; and 
"(E) a statement that a consumer reporting agency 
is not required to remove accurate derogatory information 
from a consumer's file, unless the information is outdated 
under section 605 or cannot be verified. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-438 
"(3) FORM OF SUMMARY OF RIGHTS.—For purposes of this 
subsection and any disclosure by a consumer reporting agency 
required under this title with respect to consumers' rights, 
the Federal Trade Commission (after consultation with each 
Federal agency referred to in section 621(b)) shall prescribe 
the form and content of any such disclosure of the rights 
of consumers required under this title. A consumer reporting 
agency shall be in compliance with this subsection if it provides 
disclosures under paragraph (1) that are substantially similar 
to the Federal Trade Commission prescription under this para-
graph. 
"(4) EFFECTIVENESS.—^No disclosures shall be required 
under this subsection until the date on which the Federal 
Trade Commission prescribes the form and content of such 
disclosures under paragraph (3).". 
(2) TECHNICAL AMENDMENT.—Section 606(a)(1)(B) of the 
Fair Credit Reporting Act (15 U.S.C. 1681d(a)(l)(B)) is amended 
by inserting "and the written summary of the rights of the 
consumer prepared pursuant to section 609(c)" before the semi-
colon. 
(e) FORM OF DISCLOSURES.— 
(1) IN GENERAL.—Subsections (a) and (b) of section 610 
of the Fair Credit Reporting Act (15 U.S.C. 168Ih) are amended 
to read as follows: 
"(a) IN GENERAL.— 
"(1) PROPER IDENTIFICATION.—^A consumer reporting agency 
shall require, as a condition of making the disclosures required 
under section 609, that the consumer furnish proper identifica-
tion. 
"(2) DISCLOSURE IN WRITING.—Except as provided in sub-
section (b), the disclosures required to be made under section 
609 shall be provided under that section in writing. 
"(b) OTHER FORMS OF DISCLOSURE.— 
"(1) IN GENERAL.—If authorized by a consumer, a consumer 
reporting agency may make the disclosures required under 
609— 
"(A) other than in writing; and 
"(B) in such form as may be— 
"(i) specified by the consumer in accordance with 
paragraph (2); and 
"(ii) available from the agency. 
"(2) FORM.—^A consumer may specify pursuant to paragraph 
(1) that disclosures under section 609 shall be made— 
"(A) in person, upon the appearance of the consumer 
at the place of business of the consumer reporting agency 
where disclosures are regularly provided, during normal 
business hours, and on reasonable notice; 
"(B) by telephone, if the consumer has made a written 
request for disclosure by telephone; 
"(C) by electronic means, if available from the agency; 
or 
"(D) by any other reasonable means that is available 
from the agency.". 
(2) SIMPLIFIED DISCLOSURE.—Not later than 90 days after 
15 use I68ig 
the date of enactment of this Act, each consumer reporting °ote. 
agency shall develop a form on which such consumer reporting 
agency shall make the disclosures required under section 609(a) 
110 STAT. 3009-439 
PUBLIC LAW 104-208—SEPT. 30, 1996 
of the Fair Credit Reporting Act, for the purpose of maximizing 
the comprehensibility and standardization of such disclosures. 
15 use I68ig 
(3) GOALS.—The Federal Trade Commission shall take 
i^ote. 
appropriate action to assure that the goals of comprehensibility 
and standardization are achieved in accordance with paragraph 
(2). 
(4) DEFAMATION.—Section 610(e) of the Fair Credit Report-
ing Act (15 U.S.C. 1681h(e)) is amended by inserting "or based 
on information disclosed by a user of a consumer report to 
or for a consumer against whom the user has taken adverse 
action, based in whole or in part on the report" before "except". 
(5) CONFORMING AMENDMENTS.—The Fair Credit Reporting 
Act (15 U.S.C. 1681 et seq.) is amended— 
15 use I68ig. 
(A) in section 609(a), in the matter preceding para-
graph (1), by striking "and proper identification of any 
consumer" and inserting ", and subject to section 610(a)(1)"; 
15 use 168ih. 
(B) in section 610, in the section heading, by inserting 
"AND FORM" after "CONDITIONS"; and 
(C) in the table of sections at the beginning of that 
Act, in the item relating to section 610, by inserting "and 
form" after "conditions". 
SEC. 2409. PROCEDURES IN CASE OF THE DISPUTED ACCURACY OF 
ANY INFORMATION IN A CONSUMER'S FILE. 
(a) IN GENERAL.—Section 611(a) of the Fair Credit Reporting 
Act (15 U.S.C. 1681i(a)) is amended to read as follows: 
"(a) REINVESTIGATIONS OF DISPUTED INFORMATION.— 
"(1) REINVESTIGATION REQUIRED.— 
"(A) IN GENERAL.—If the completeness or accuracy of 
any item of information contained in a consumer's file 
at a consumer reporting agency is disputed by the consumer 
and the consumer notifies the agency directly of such dis-
pute, the agency shall reinvestigate free of charge and 
record the current status of the disputed information, or 
delete the item from the file in accordance with paragraph 
(5), before the end of the 30-day period beginning on the 
date on which the agency receives the notice of the dispute 
from the consumer. 
"(B) EXTENSION OF PERIOD TO REINVESTIGATE.—Except 
as provided in subparagraph (C), the 30-day period 
described in subparagraph (A) may be extended for not 
more than 15 additional days if the consumer reporting 
agency receives information from the consumer during that 
30-day period that is relevant to the reinvestigation. 
"(C) LIMITATIONS ON EXTENSION OF PERIOD TO REINVES-
TIGATE.—Subparagraph (B) shall not apply to any reinves-
tigation in which, during the 30-day period described in 
subparagraph (A), the information that is the subject of 
the reinvestigation is found to be inaccurate or incomplete 
or the consumer reporting agency determines that the 
information cannot be verified. 
"(2) PROMPT NOTICE OF DISPUTE TO FURNISHER OF INFORMA-
TION.— 
"(A) IN GENERAL.—Before the expiration of the 5-busi-
ness-day period beginning on the date on which a consumer 
reporting agency receives notice of a dispute from any 
consumer in accordance with paragraph (1), the agency 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-440 
shall provide notification of the dispute to any person who 
provided any item of information in dispute, at the address 
and in the manner established with the person. The notice 
shall include all relevant information regarding the dispute 
that the agency has received from the consumer. 
"(B) 
PROVISION 
OF 
OTHER 
INFORMATION 
FROM 
CONSUMER.—^The consumer reporting agency shall promptly 
provide to the person who provided the information in 
dispute all relevant information regarding the dispute that 
is received by the agency from the consumer after the 
period referred to in subparagraph (A) and before the end 
of the period referred to in paragraph (1)(A). 
"(3) DETERMINATION THAT DISPUTE IS FRIVOLOUS OR IRRELE-
VANT.— 
"(A) IN GENERAL.—^Notwithstanding paragraph (1), a 
consumer reporting agency may terminate a reinvestigation 
of information disputed by a consumer under that para-
graph if the agency reasonably determines that the dispute 
by the consumer is frivolous or irrelevant, including by 
reason of a failure by a consumer to provide sufficient 
information to investigate the disputed information. 
"(B) 
NOTICE OF DETERMINATION.—Upon making 
any 
determination in accordance with subparagraph (A) that 
a dispute is frivolous or irrelevant, a consumer reporting 
agency shall notify the consumer of such determination 
not later than 5 business days after making such deter-
mination, by mail or, if authorized by the consumer for 
that purpose, by any other means available to the agency. 
"(C) CONTENTS OF NOTICE.—^A notice under subpara-
graph (B) shall include— 
"(i) the reasons for the determination 
under 
subparagraph (A); and 
"(ii) identification of any information required to 
investigate the disputed information, which may con-
sist of a standardized form describing the general 
nature of such information. 
"(4) 
CONSIDERATION 
OF 
CONSUMER 
INFORMATION.—In 
conducting any reinvestigation under paragraph (1) with 
respect to disputed information in the file of any consumer, 
the consumer reporting agency shall review and consider all 
relevant information submitted by the consumer in the period 
described in paragraph (1)(A) with respect to such disputed 
information. 
"(5) TREATMENT OF INACCURATE OR UNVERIFIABLE INFORMA-
TION.— 
"(A) IN GENERAL.—If, after any reinvestigation under 
paragraph (1) of any information disputed by a consumer, 
an item of the information is found to be inaccurate or 
incomplete or cannot be verified, the consumer reporting 
agency shall promptly delete that item of information from 
the consumer's file or modify that item of information, 
as appropriate, based on the results of the reinvestigation. 
"(B) REQUIREMENTS RELATING TO REINSERTION OF PRE-
VIOUSLY DELETED MATERIAL.— 
"(i) 
CERTIFICATION OF ACCURACY OF INFORMA-
TION.—If any information is deleted from a consumer's 
file pursuant to subparagraph (A), the information may 
110 STAT. 3009-441 
PUBLIC LAW 104-208—SEPT. 30, 1996 
not be reinserted in the file by the consumer reporting 
agency unless the person who furnishes the informa-
tion certifies that the information is complete and 
accurate. 
"(ii) NOTICE TO CONSUMER.—If any information 
that has been deleted from a consumer's file pursuant 
to subparagraph (A) is reinserted in the file, the 
consumer reporting agency shall notify the consumer 
of the reinsertion in writing not later than 5 business 
days after the reinsertion or, if authorized by the 
consumer for that purpose, by any other means avail-
able to the agency. 
"(iii) ADDITIONAL INFORMATION.—^As part of, or in 
addition to, the notice under clause (ii), a consumer 
reporting agency shall provide to a consumer in writing 
not later than 5 business days after the date of the 
reinsertion— 
"(I) a statement that the disputed information 
has been reinserted; 
"(II) the business name and address of any 
furnisher of information contacted and the tele-
phone number of such furnisher, if reasonably 
available, or of any furnisher of information that 
contacted the consumer reporting agency, in 
connection with the reinsertion of such informa-
tion; and 
"(III) a notice that the consumer has the right 
to add a statement to the consumer's file disputing 
the accuracy or completeness of the disputed 
information. 
"(C) 
PROCEDURES 
TO 
PREVENT 
REAPPEARANCE.—^A 
consumer reporting agency shall maintain 
reasonable 
procedures designed to prevent the reappearance in a 
consumer's file, and in consumer reports on the consumer, 
of information that is deleted pursuant to this paragraph 
(other than information that is reinserted in accordance 
with subparagraph (B)(i)). 
"(D) 
AUTOMATED 
REINVESTIGATION 
SYSTEM.—^Any 
consumer reporting agency that compiles and maintains 
files on consumers on a nationwide basis shall implement 
an automated system through which furnishers of informa-
tion to that consumer reporting agency may report the 
results of a reinvestigation that finds incomplete or inac-
curate information in a consumer's file to other such 
consumer reporting agencies. 
"(6) NOTICE OF RESULTS OF REINVESTIGATION.— 
"(A) IN GENERAL.—^A consumer reporting agency shall 
provide written notice to a consumer of the results of 
a reinvestigation under this subsection not later than 5 
business days after the completion of the reinvestigation, 
by mail or, if authorized by the consumer for that purpose, 
by other means available to the agency. 
"(B) CONTENTS.—^As part of, or in addition to, the notice 
under subparagraph (A), a consumer reporting agency shall 
provide to a consumer in writing before the expiration 
of the 5-day period referred to in subparagraph (A)— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-442 
"(i) a statement that the reinvestigation is com-
pleted; 
"(ii) a consumer report that is based upon the 
consumer's file as that file is revised as a result of 
the reinvestigation; 
"(iii) a notice that, if requested by the consumer, 
a description of the procedure used to determine the 
accuracy and completeness of the information shall 
be provided to the consumer by the agency, including 
the business name and address of any furnisher of 
information contacted in connection with such informa-
tion and the telephone number of such furnisher, if 
reasonably available; 
"(iv) a notice that the consumer has the right 
to add a statement to the consumer's file disputing 
the accuracy or completeness of the information; and 
"(v) a notice that the consumer has the right to 
request under subsection (d) that the consumer report-
ing agency furnish notifications under that subsection. 
"(7) 
DESCRIPTION OF 
REINVESTIGATION PROCEDURE.—^A 
consumer reporting agency shall provide to a consumer a 
description referred to in paragraph (6)(B)(iv) by not later than 
15 days after receiving a request from the consumer for that 
description. 
"(8) EXPEDITED DISPUTE RESOLUTION.—If a dispute regard-
ing an item of information in a consumer's file at a consumer 
reporting agency is resolved in accordance with paragraph 
(5)(A) by the deletion of the disputed information by not later 
than 3 business days after the date on which the agency 
receives notice of the dispute from the consumer in accordance 
with paragraph (1)(A), then the agency shall not be required 
to comply with paragraphs (2), (6), and (7) with respect to 
that dispute if the agency— 
"(A) provides prompt notice of the deletion to the 
consumer by telephone; 
"(B) includes in that notice, or in a written notice 
that accompanies a confirmation and consumer report pro-
vided in accordance with subparagraph (C), a statement 
of the consumer's right to request under subsection (d) 
that the agency furnish notifications under that subsection; 
and 
"(C) provides written confirmation of the deletion and 
a copy of a consumer report on the consumer that is based 
on the consumer's file after the deletion, not later than 
5 business days after making the deletion.". 
(b) CONFORMING AMENDMENT.—Section 611(d) of the Fair 
Credit Reporting Act (15 U.S.C. 1681i(d)) is amended by striking 
"The consumer reporting agency shall clearly" and all that follows 
through the end of the subsection. 
SEC. 2410. CHARGES FOR CERTAIN DISCLOSURES. 
Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) 
is amended to read as follows: 
"SEC. 612. CHARGES FOR CERTAIN DISCLOSURES. 
"(a) 
REASONABLE CHARGES ALLOWED FOR CERTAIN DISCLO-
SURES.— 
110 STAT. 3009-443 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(1) IN GENERAL.—Except as provided in subsections (b), 
(c), and (d), a consumer reporting agency may impose a reason-
able charge on a consumer— 
"(A) for making a disclosure to the consumer pursuant 
to section 609, which charge— 
"(i) shall not exceed $8; and 
"(ii) shall be indicated to the consumer before mak-
ing the disclosure; and 
"(B) for furnishing, pursuant to section 611(d), follow-
ing a reinvestigation under section 611(a), a statement, 
codification, or summary to a person designated by the 
consumer under that section after the 30-day period begin-
ning on the date of notification of the consumer under 
paragraph (6) or (8) of section 611(a) with respect to the 
reinvestigation, which charge— 
"(i) shall not exceed the charge that the agency 
would impose on each designated recipient for a 
consumer report; and 
"(ii) shall be indicated to the consumer before fur-
nishing such information. 
"(2) 
MODIFICATION OF AMOUNT.—^The Federal 
Trade 
Commission shall increase the amount referred to in paragraph 
(l)(A)(i) on January 1 of each year, based proportionally on 
changes in the Consumer Price Index, with fractional changes 
rounded to the nearest fifty cents. 
"(b) FREE DISCLOSURE AFTER ADVERSE NOTICE TO CONSUMER.— 
Each consumer reporting agency that maintains a file on a 
consumer shall make all disclosures pursuant to section 609 without 
charge to the consumer if, not later than 60 days after receipt 
by such consumer of a notification pursuant to section 615, or 
of a notification from a debt collection agency affiliated with that 
consumer reporting agency stating that the consumer's credit rating 
may be or has been adversely affected, the consumer makes a 
request under section 609. 
"(c) 
FREE 
DISCLOSURE 
UNDER 
CERTAIN 
OTHER 
CIR-
CUMSTANCES.—^Upon the request of the consumer, a consumer 
reporting agency shall make all disclosures pursuant to section 
609 once during any 12-month period without charge to that 
consumer if the consumer certifies in writing that the consumer— 
"(1) is unemployed and intends to apply for emplo3anent 
in the 60-day period beginning on the date on which the certifi-
cation is made; 
"(2) is a recipient of public welfare assistance; or 
"(3) has reason to believe that the file on the consumer 
at the agency contains inaccurate information due to fraud. 
"(d) 
OTHER 
CHARGES 
PROHIBITED.—^A consumer 
reporting 
agency shall not impose any charge on a consumer for providing 
any notification required by this title or making any disclosure 
required by this title, except as authorized by subsection (a).". 
SEC. 2411. DUTIES OF USERS OF CONSUMER REPORTS. 
(a) DUTIES OF USERS TAKING ADVERSE ACTIONS.—Section 615(a) 
of the Fair Credit Reporting Act (15 U.S.C. 1681m(a)) is amended 
to read as follows: 
"(a) DUTIES OF USERS TAKING ADVERSE ACTIONS ON THE BASIS 
OF INFORMATION CONTAINED IN CONSUMER REPORTS.—If any person 
takes any adverse action with respect to any consumer that is 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-444 
based in whole or in part on any information contained in a 
consumer report, the person shall— 
"(1) provide oral, written, or electronic notice of the adverse 
action to the consumer; 
"(2) provide to the consumer orally, in writing, or electroni-
cally— 
"(A) the name, address, and telephone number of the 
consumer reporting agency (including a toll-free telephone 
number established by the agency if the agency compiles 
and maintains files on consumers on a nationwide basis) 
that furnished the report to the person; and 
"(B) a statement that the consumer reporting agency 
did not make the decision to take the adverse action and 
is unable to provide the consumer the specific reasons 
why the adverse action was taken; and 
"(3) provide to the consumer an oral, written, or electronic 
notice of the consumer's right— 
"(A) to obtain, under section 612, a free copy of a 
consumer report on the consumer from the consumer 
reporting agency referred to in paragraph (2), which notice 
shall include an indication of the 60-day period under that 
section for obtaining such a copy; and 
"(B) to dispute, under section 611, with a consumer 
reporting agency the accuracy or completeness of any 
information in a consumer report furnished by the agency.". 
(b) DUTIES OF USERS MAKING CERTAIN CREDIT SOLICITATIONS.— 
Section 615 of the Fair Credit Reporting Act (15 U.S.C. 1681m) 
is amended by adding at the end the following new subsection: 
"(d) DUTIES OF USERS MAKING WRITTEN CREDIT OR INSURANCE 
SOLICITATIONS ON THE BASIS OF INFORMATION CONTAINED IN 
CONSUMER FILES.— 
"(1) IN GENERAL.—^Any person who uses a consumer report 
on any consumer in connection with any credit or insurance 
transaction that is not initiated by the consumer, that is pro-
vided to that person under section 604(c)(1)(B), shall provide 
with each written solicitation made to the consumer regarding 
the transaction a clear and conspicuous statement that— 
"(A) information contained in the consumer's consumer 
report was used in connection with the transaction; 
"(B) the consumer received the offer of credit or insur-
ance because the consumer satisfied the criteria for credit 
worthiness or insurability under which the consumer was 
selected for the offer; 
"(C) if applicable, the credit or insurance may not 
be extended if, after the consumer responds to the offer, 
the consumer does not meet the criteria used to select 
the consumer for the offer or any applicable criteria bearing 
on credit worthiness or insurability or does not furnish 
any required collateral; 
"(D) the consumer has a right to prohibit information 
contained in the consumer's file with any consumer report-
ing agency from being used in connection with any credit 
or insurance transaction that is not initiated by the 
consumer; and 
"(E) the consumer may exercise the right referred to 
in subparagraph (D) by notifying a notification system 
established under section 604(e). 
110 STAT. 3009-445 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(2) DISCLOSURE OF ADDRESS AND TELEPHONE NUMBER.— 
A statement under paragraph (1) shall include the address 
and toll-free telephone number of the appropriate notification 
system established under section 604(e). 
"(3) MAINTAINING CRITERIA ON FILE.—^A person who makes 
an offer of credit or insurance to a consumer under a credit 
or insurance transaction described in paragraph (1) shall main-
tain on file the criteria used to select the consumer to receive 
the offer, all criteria bearing on credit worthiness or insurabil-
ity, as applicable, that are the basis for determining whether 
or not to extend credit or insurance pursuant to the offer, 
and any requirement for the furnishing of collateral as a condi-
tion of the extension of credit or insurance, until the expiration 
of the 3-year period beginning on the date on which the offer 
is made to the consumer. 
"(4) AUTHORITY OF FEDERAL AGENCIES REGARDING UNFAIR 
OR DECEPTIVE ACTS OR PRACTICES NOT AFFECTED.—This section 
is not intended to affect the authority of any Federal or State 
agency to enforce a prohibition against unfair or deceptive 
acts or practices, including the making of false or misleading 
statements in connection with a credit or insurance transaction 
that is not initiated by the consumer.". 
(c) DUTIES OF USERS MAKING OTHER SOLICITATIONS.—Section 
615 of the Fair Credit Reporting Act (15 U.S.C. 1681m) is amended 
by adding at the end the following new subsection: 
"(e) 
(d) CONFORMING AMENDMENT.—Section 615(c) ofthe Fair Credit 
Reporting Act (15 U.S.C. 1681m(c)) is amended by striking "sub-
sections (a) and (b)" and inserting "this section". 
(e) DUTIES OF PERSON TAKING CERTAIN ACTIONS BASED ON 
INFORMATION PROVIDED BY AFFILIATE.—Section 615(b) of the Fair 
Credit Reporting Act (15 U.S.C. 1681m(b)) is amended— 
(1) by striking "(b) Whenever credit" and inserting the 
following: 
"(b) ADVERSE ACTION BASED ON INFORMATION OBTAINED FROM 
THIRD PARTIES OTHER THAN CONSUMER REPORTING AGENCIES.— 
"(1) IN GENERAL.—Whenever credit"; 
(2) by adding at the end the following new paragraph: 
"(2) DUTIES OF PERSON TAKING CERTAIN ACTIONS BASED 
ON INFORMATION PROVIDED BY AFFILIATE.— 
"(A) DUTIES, GENERALLY.—If a person takes an action 
described in subparagraph (B) with respect to a consumer, 
based in whole or in part on information described in 
subparagraph (C), the person shall— 
"(i) notify the consumer of the action, including 
a statement that the consumer may obtain the informa-
tion in accordance with clause (ii); and 
"(ii) upon a written request from the consumer 
received within 60 days after transmittal of the notice 
required by clause (i), disclose to the consumer the 
nature of the information upon which the action is 
based by not later than 30 days after receipt of the 
request. 
"(B) ACTION DESCRIBED.—^An action referred to in 
subparagraph (A) is an adverse action described in section 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-446 
603(k)(l)(A), taken in connection with a transaction initi-
ated by the consumer, or any adverse action described 
in clause (i) or (ii) of section 603(k)(l)(B). 
"(C) INFORMATION DESCRIBED.—Information referred to 
in subparagraph (A)— 
"(i) except as provided in clause (ii), is information 
that— 
"(I) is furnished to the person taking the action 
by a person related by common ownership or affili-
ated by common corporate control to the person 
taking the action; and 
"(II) bears on the credit worthiness, credit 
standing, credit capacity, character, general rep-
utation, personal characteristics, or mode of living 
of the consumer; and 
"(ii) does not include— 
"(I) information solely as to transactions or 
experiences between the consumer and the person 
furnishing the information; or 
"(II) information in a consumer report.". 
SEC. 2412. CIVIL LIABILITY. 
(a) CIVIL LIABILITY FOR WILLFUL NONCOMPLIANCE.—Section 616 
of the Fair Credit Reporting Act (15 U.S.C. 168In) is amended 
by striking "Any consumer reporting agency or user of information 
which" and inserting "(a) IN GENERAL.—^Any person who". 
(b) MINIMUM CIVIL LIABILITY FOR WILLFUL NONCOMPLIANCE.— 
Section 616(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 
1681n(l)), as so designated by subsection (a) of this section, is 
amended to read as follows: 
"(1)(A) any actual damages sustained by the consumer 
as a result of the failure or damages of not less than $100 
and not more than $1,000; or 
"(B) in the case of liability of a natural person for obtaining 
a consumer report under false pretenses or knowingly without 
a permissible purpose, actual damages sustained by the 
consumer as a result of the failure or $1,000, whichever is 
greater;". 
(c) CIVIL LIABILITY FOR KNOWING NONCOMPLIANCE.—Section 
616 of the Fair Credit Reporting Act (15 U.S.C. 1681n) is amended 
by adding at the end the following new subsection: 
"(b) CIVIL LIABILITY FOR KNOWING NONCOMPLIANCE.^Any per-
son who obtains a consumer report from a consumer reporting 
agency under false pretenses or knowingly without a permissible 
purpose shall be liable to the consumer reporting agency for actual 
damages sustained by the consumer reporting agency or $1,000, 
whichever is greater.". 
(d) CIVIL LIABILITY FOR NEGLIGENT NONCOMPLIANCE.—Section 
617 of the Fair Credit Reporting Act (15 U.S.C. I68I0) is amended 
by striking "Any consumer reporting agency or user of information 
which" and inserting "(a) IN GENERAL.—^Any person who". 
(e) ATTORNEY'S FEES.— 
(1) WILLFUL NONCOMPLIANCE.—Section 616 of the Fair 
Credit Reporting Act (15 U.S.C. 1681n) is amended by adding 
at the end the following new subsection: 
"(c) ATTORNEY'S FEES.—Upon a finding by the court that an 
unsuccessful pleading, motion, or other paper filed in connection 
- 20 : QL 3 Part 4 
110 STAT. 3009-447 
PUBLIC LAW 104-208—SEPT. 30, 1996 
with an action under this section was filed in bad faith or for 
purposes of harassment, the court shall award to the prevailing 
party attorney's fees reasonable in relation to the work expended 
in responding to the pleading, motion, or other paper.". 
(2) NEGLIGENT NONCOMPLIANCE.—Section 617 of the Fair 
Credit Reporting Act (15 U.S.C. 168lo) is amended by adding 
at the end the following new subsection: 
"(b) ATTORNEY'S FEES.—On a finding by the court that an 
unsuccessful pleading, motion, or other paper filed in connection 
with an action under this section was filed in bad faith or for 
purposes of harassment, the court shall award to the prevailing 
party attorney's fees reasonable in relation to the work expended 
in responding to the pleading, motion, or other paper.". 
SEC. 2413. RESPONSIBILITIES OF PERSONS WHO FURNISH INFORMA-
TION TO CONSUMER REPORTING AGENCIES. 
(a) IN GENERAL.—The Fair Credit Reporting Act (15 U.S.C. 
1681 et seq.) is amended— 
15 use I681t. 
(1) by redesignating section 623 as section 624; and 
(2) by inserting after section 622 the following: 
15 use 1681S-2. 
"SEC. 623. RESPONSIBILITIES OF FURNISHERS OF INFORMATION TO 
CONSUMER REPORTING AGENCIES. 
"(a) 
DUTY OF FURNISHERS OF INFORMATION To 
PROVIDE 
ACCURATE INFORMATION.— 
"(1) PROHIBITION.— 
"(A) 
REPORTING INFORMATION WITH ACTUAL KNOWL-
EDGE OF ERRORS.—^A person shall not furnish any informa-
tion relating to a consumer to any consumer reporting 
agency if the person knows or consciously avoids knowing 
that the information is inaccurate. 
"(B) REPORTING INFORMATION AFTER NOTICE AND CON-
FIRMATION OF ERRORS.—^A person shall not furnish informa-
tion relating to a consumer to any consumer reporting 
agency if— 
"(i) the person has been notified by the consumer, 
at the address specified by the person for such notices, 
that specific information is inaccurate; and 
"(ii) the information is, in fact, inaccurate. 
"(C) No ADDRESS REQUIREMENT.^A person who clearly 
and conspicuously specifies to the consumer an address 
for notices referred to in subparagraph (B) shall not be 
subject to subparagraph (A); however, nothing in subpara-
graph (B) shall require a person to specify such an address. 
"(2) DUTY TO CORRECT AND UPDATE INFORMATION.—A per-
son who— 
"(A) regularly and in the ordinary course of business 
furnishes information to one or more consumer reporting 
agencies about the person's transactions or experiences 
with any consumer; and 
"(B) has furnished to a consumer reporting agency 
information that the person determines is not complete 
or accurate, 
shall promptly notify the consumer reporting agency of that 
determination and provide to the agency any corrections to 
that information, or any additional information, that is nec-
essary to make the information provided by the person to 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-448 
the agency complete and accurate, and shall not thereafter 
furnish to the agency any of the information that remains 
not complete or accurate. 
"(3) DUTY TO PROVIDE NOTICE OF DISPUTE.—If the complete-
ness or accuracy of any information furnished by any person 
to any consumer reporting agency is disputed to such person 
by a consumer, the person may not furnish the information 
to any consumer reporting agency without notice that such 
information is disputed by the consumer. 
"(4) DUTY TO PROVIDE NOTICE OF CLOSED ACCOUNTS.—A 
person who regularly and in the ordinary course of business 
furnishes information to a consumer reporting agency regarding 
a consumer who has a credit account with that person shall 
notify the agency of the voluntary closure of the account by 
the consumer, in information regularly furnished for the period 
in which the account is closed. 
"(5) 
DUTY TO PROVIDE 
NOTICE 
OF DELINQUENCY OF 
ACCOUNTS.—^A person who furnishes information to a consumer 
reporting agency regarding a delinquent account being placed 
for collection, charged to profit or loss, or subjected to any 
similar action shall, not later than 90 days after furnishing 
the information, notify the agency of the month and year of 
the commencement of the delinquency that immediately pre-
ceded the action. 
"(b) DUTIES OF FURNISHERS OF INFORMATION UPON NOTICE 
OF DISPUTE.— 
"(1) IN GENERAL.—^After receiving notice pursuant to section 
611(a)(2) of a dispute with regard to the completeness or 
accuracy of any information provided by a person to a consumer 
reporting agency, the person shall— 
"(A) conduct an investigation with respect to the dis-
puted information; 
"(B) review all relevant information provided by the 
consumer reporting agency pursuant to section 611(a)(2); 
"(C) report the results of the investigation to the 
consumer reporting agency; and 
"(D) if the investigation finds that the information 
is incomplete or inaccurate, report those results to all other 
consumer reporting agencies to which the person furnished 
the information and that compile and maintain files on 
consumers on a nationwide basis. 
"(2) DEADLINE.—^A person shall complete all investigations, 
reviews, and reports required under paragraph (1) regarding 
information provided by the person to a consumer reporting 
agency, before the expiration of the period under section 
611(a)(1) within which the consumer reporting agency is 
required to complete actions required by that section regarding 
that information. 
"(c) LIMITATION ON LIABILITY.—Sections 616 and 617 do not 
apply to any failure to comply with subsection (a), except as pro-
vided in section 62 l(c)( 1)(B). 
"(d) LIMITATION ON ENFORCEMENT.—Subsection (a) shall be 
enforced exclusively under section 621 by the Federal agencies 
and officials and the State officials identified in that section.". 
(b) CONFORMING AMENDMENT.—^The table of sections at the 
beginning of the Fair Credit Reporting Act (15 U.S.C. 1681a et 
110 STAT. 3009-449 
PUBLIC LAW 104-208—SEPT. 30, 1996 
seq.) is amended by striking the item relating to section 623 and 
inserting the following: 
''623. Responsibilities of furnishers of information to consumer reporting 
agencies. 
"624. Relation to State laws.". 
SEC. 2414. INVESTIGATIVE CONSUMER REPORTS. 
Section 606 of the Fair Credit Reporting Act (15 U.S.C. 1681d) 
is amended— 
(1) in subsection (a)(1), by striking "or" at the end and 
inserting "and"; 
(2) by striking subsection (a)(2) and inserting the following: 
"(2) the person certifies or has certified to the consumer 
reporting agency that— 
"(A) the person has made the disclosures to the 
consumer required by paragraph (1); and 
"(B) the person will comply with subsection (b)."; 
(3) in subsection (b), by striking "shall" the second place 
such term appears; and 
(4) by adding at the end the following new subsection: 
"(d) PROHIBITIONS.— 
"(1) CERTIFICATION.—^A consumer reporting agency shall 
not prepare or furnish an investigative consumer report unless 
the agency has received a certification under subsection (a)(2) 
from the person who requested the report. 
"(2) INQUIRIES.—^A consumer reporting agency shall not 
make an inquiry for the purpose of preparing an investigative 
consumer report on a consumer for employment purposes if 
the making of the inquiry by an employer or prospective 
employer of the consumer would violate any applicable Federal 
or State equal employment opportunity law or regulation. 
"(3) CERTAIN PUBLIC RECORD INFORMATION.—Except as 
otherwise provided in section 613, a consumer reporting agency 
shall not farnish an investigative consumer report that includes 
information that is a matter of public record and that relates 
to an arrest, indictment, conviction, civil judicial action, tax 
lien, or outstanding judgment, unless the agency has verified 
the accuracy of the information during the 30-day period ending 
on the date on which the report is furnished. 
"(4) CERTAIN ADVERSE INFORMATION.—A consumer report-
ing agency shall not prepare or furnish an investigative 
consumer report on a consumer that contains information that 
is adverse to the interest of the consumer and that is obtained 
through a personal interview with a neighbor, friend, or associ-
ate of the consumer or with another person with whom the 
consumer is acquainted or who has knowledge of such item 
of information, unless— 
"(A) the agency has followed reasonable procedures 
to obtain confirmation of the information, from an addi-
tional source that has independent and direct knowledge 
ofthe information; or 
"(B) the person interviewed is the best possible source 
of the information.". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-450 
SEC. 2415. INCREASED CRIMINAL PENALTIES FOR OBTAINING 
INFORMATION UNDER FALSE PRETENSES. 
(a) OBTAINING INFORMATION UNDER FALSE PRETENSES.—Sec-
tion 619 of the Fair Credit Reporting Act (15 U.S.C. 1681q) is 
amended by striking "fined not more than $5,000 or imprisoned 
not more than one year, or both" and inserting "fined under title 
18, United States Code, imprisoned for not more than 2 years, 
or both". 
(b) UNAUTHORIZED DISCLOSURES BY OFFICERS OR EMPLOYEES.— 
Section 620 of the Fair Credit Reporting Act (15 U.S.C. 1681r) 
is amended by striking "fined not more than $5,000 or imprisoned 
not more than one year, or both" and inserting "fined under title 
18, United States Code, imprisoned for not more than 2 years, 
or both". 
SEC. 2416. ADMINISTRATIVE ENFORCEMENT. 
(a) AVAILABLE ENFORCEMENT POWERS.—Section 621(a) of the 
Fair Credit Reporting Act (15 U.S.C. 1681s(a)) is amended— 
(1) by inserting "(1)" after "(a)"; 
(2) by adding at the end the following new paragraph: 
"(2)(A) In the event of a knowing violation, which constitutes 
a pattern or practice of violations of this title, the Commission 
may commence a civil action to recover a civil penalty in a district 
court of the United States against any person that violates this 
title. In such action, such person shall be liable for a civil penalty 
of not more than $2,500 per violation. 
"(B) In determining the amount of a civil penalty under 
subparagraph (A), the court shall take into account the degree 
of culpability, any history of prior such conduct, ability to pay, 
effect on ability to continue to do business, and such other matters 
as justice may require. 
"(3) Notwithstanding paragraph (2), a court may not impose 
any civil penalty on a person for a violation of section 623(a)(1) 
unless the person has been enjoined from committing the violation, 
or ordered not to commit the violation, in an action or proceeding 
brought by or on behalf of the Federal Trade Commission, and 
has violated the injunction or order, and the court may not impose 
any civil penalty for any violation occurring before the date of 
the violation of the injunction or order. 
"(4) Neither the Commission nor any other agency referred 
to in subsection (b) may prescribe trade regulation rules or other 
regulations with respect to this title.". 
(b) AGENCIES RESPONSIBLE FOR ENFORCEMENT.—Section 621 
of the Fair Credit Reporting Act (15 U.S.C. 1681s) is amended— 
(1) in subsection (a), by inserting "ENFORCEMENT BY FED-
ERAL TRADE COMMISSION.—" before "Compliance with the 
requirements"; 
(2) in subsection (b), by striking the matter preceding para-
graph (1) and inserting the following: 
"(b) ENFORCEMENT BY OTHER AGENCIES.—Compliance with the 
requirements imposed under this title with respect to consumer 
reporting agencies, persons who use consumer reports from such 
agencies, persons who furnish information to such agencies, and 
users of information that are subject to subsection (d) or (e) of 
section 615 shall be enforced under—"; and 
110 STAT. 3009-451 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(3) in subsection (c), by adding at the end the following: 
"Notwithstanding the preceding, no agency referred to in sub-
section (b) may conduct an examination of a bank, savings 
association, or credit union regarding compliance with the provi-
sions of this title, except in response to a complaint (or if 
the agency otherwise has knowledge) that the bank, savings 
association, or credit union has violated a provision of this 
title, in which case, the agency may conduct an examination 
as necessary to investigate the complaint. If an agency deter-
mines during an investigation in response to a complaint that 
a violation of this title has occurred, the agency may, during 
its next 2 regularly scheduled examinations of the bank, savings 
association, or credit union, examine for compliance with this 
title.". 
SEC. 2417. STATE ENFORCEMENT OF FAIR CREDIT REPORTING ACT. 
Section 621 of the Fair Credit Reporting Act (15 U.S.C. 1681s) 
is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new sub-
section: 
"(c) STATE ACTION FOR VIOLATIONS.— 
"(1) AUTHORITY OF STATES.—In addition to such other rem-
edies as are provided under State law, if the chief law enforce-
ment officer of a State, or an official or agency designated 
by a State, has reason to believe that any person has violated 
or is violating this title, the State— 
"(A) may bring an action to enjoin such violation in 
any appropriate United States district court or in any 
other court of competent jurisdiction; 
"(B) subject to paragraph (5), may bring an action 
on behalf of the residents of the State to recover— 
"(i) damages for which the person is liable to such 
residents under sections 616 and 617 as a result of 
the violation; 
"(ii) in the case of a violation of section 623(a), 
damages for which the person would, but for section 
623(c), be liable to such residents as a result of the 
violation; or 
"(iii) damages of not more than $1,000 for each 
willful or negligent violation; and 
"(C) in the case of any successful action under subpara-
graph (A) or (B), shall be awarded the costs of the action 
and reasonable attorney fees as determined by the court. 
"(2) RIGHTS OF FEDERAL REGULATORS.—^The State shall 
serve prior written notice of any action under paragraph (1) 
upon the Federal Trade Commission or the appropriate Federal 
regulator determined under subsection (b) and provide the 
Commission or appropriate Federal regulator with a copy of 
its complaint, except in any case in which such prior notice 
is not feasible, in which case the State shall serve such notice 
immediately upon instituting such action. The Federal Trade 
Commission or appropriate Federal regulator shall have the 
right— 
"(A) to intervene in the action; 
"(B) upon so intervening, to be heard on all matters 
arising therein; 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-452 
"(C) to remove the action to the appropriate United 
States district court;; and 
"(D) to file petitions for appeal. 
"(3) INVESTIGATORY POWERS.—For purposes of bringing any 
action under this subsection, nothing in this subsection shall 
prevent the chief law enforcement officer, or an official or 
agency designated by a State, from exercising the powers con-
ferred on the chief law enforcement officer or such official 
by the laws of such State to conduct investigations or to admin-
ister oaths or affirmations or to compel the attendance of wit-
nesses or the production of documentary and other evidence. 
"(4) LIMITATION ON STATE ACTION WHILE FEDERAL ACTION 
PENDING.—^If the Federal Trade Commission or the appropriate 
Federal regulator has instituted a civil action or an administra-
tive action under section 8 of the Federal Deposit Insurance 
Act for a violation of this title, no State may, during the 
pendency of such action, bring sin action under this section 
against any defendemt named in the complaint of the Commis-
sion or the appropriate Federal regulator for any violation 
of this title that is alleged in that complaint. 
"(5) LIMITATIONS ON STATE ACTIONS FOR VIOLATION OF SEC-
TION 623(a)(1).— 
"(A) VIOLATION OF INJUNCTION REQUIRED.—A State 
may not bring an action against a person under paragraph 
(1)(B) for a violation of section 623(a)(1), unless— 
"(i) the person has been enjoined from committing 
the violation, in an action brought by the State under 
paragraph (1)(A); and 
"(ii) the person has violated the injunction. 
"(B) LIMITATION ON DAMAGES RECOVERABLE.—In an 
action against a person under paragraph (1)(B) for a viola-
tion of section 623(a)(1), a State may not recover any dam-
ages incurred before the date of the violation of an injunc-
tion on which the action is based.". 
SEC. 2418. FEDERAL RESERVE BOARD AUTHORITY. 
Section 621 of the Fair Credit Reporting Act (15 U.S.C. 1681s) 
is amended by adding at the end the following new subsection: 
"(e) INTERPRETIVE AUTHORITY.—The Board of Governors of the 
Federal Reserve System may issue interpretations of any provision 
of this title as such provision may apply to any persons identified 
under paragraph (1), (2), and (3) of subsection (b), or to the holding 
companies £ma affiliates of such persons, in consultation with Fed-
eral agencies identified in paragraphs (1), (2), and (3) of subsection 
(b).". 
SEC. 2419. PREEMPTION OF STATE LAW. 
Section 624 of the Fair Credit Reporting Act (as redesignated 
by section 2413(a) of this chapter) is amended— 
(1) by striking "This title" and inserting "(a) IN GENERAL.— 
Except as provided in subsections (b) and (c), this title"; and 
(2) by adding at the end the following new subsection: 
"(b) GENERAL EXCEPTIONS.—^No requirement or prohibition may 
be imposed under the laws of any State— 
"(1) with respect to any subject matter regulated under— 
"(A) subsection (c) or (e) of section 604, relating to 
the prescreening of consumer reports; 
110 STAT. 3009-453 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(B) section 611, relating to the time by which a 
consumer reporting agency must take any action, including 
the provision of notification to a consumer or other person, 
in any procedure related to the disputed accuracy of 
information in a consumer's file, except that this subpara-
graph shall not apply to any State law in effect on the 
date of enactment of the Consumer Credit Reporting 
Reform Act of 1996; 
"(C) subsections (a) and (b) of section 615, relating 
to the duties of a person who takes any adverse action 
with respect to a consumer; 
"(D) section 615(d), relating to the duties of persons 
who use a consumer report of a consumer in connection 
with any credit or insurance transaction that is not initi-
ated by the consumer and that consists of a firm offer 
of credit or insurance; 
"(E) section 605, relating to information contained in 
consumer reports, except that this subparagraph shall not 
apply to any State law in effect on the date of enactment 
of the Consumer Credit Reporting Reform Act of 1996; 
or 
"(F) section 623, relating to the responsibilities of per-
sons who furnish information to consumer reporting agen-
cies, except that this paragraph shall not apply— 
"(i) with respect to section 54A(a) of chapter 93 
of the Massachusetts Annotated Laws (as in effect 
on the date of enactment of the Consumer Credit 
Reporting Reform Act of 1996); or 
"(ii) with respect to section 1785.25(a) of the 
California Civil Code (as in effect on the date of enact-
ment of the Consumer Credit Reporting Reform Act 
of 1996); 
"(2) with respect to the exchange of information among 
persons affiliated by common ownership or common corporate 
control, except that this paragraph shall not apply with respect 
to subsection (a) or (c)(1) of section 2480e of title 9, Vermont 
Statutes Annotated (as in effect on the date of enactment 
of the Consumer Credit Reporting Reform Act of 1996); or 
"(3) with respect to the form and content of any disclosure 
required to be made under section 609(c). 
"(c) DEFINITION OF FIRM OFFER OF CREDIT OR INSURANCE.— 
Notwithstanding any definition of the term 'firm offer of credit 
or insurance' (or any equivalent term) under the laws of any State, 
the definition of that term contained in section 603(1) shall be 
construed to apply in the enforcement and interpretation of the 
laws of any State governing consumer reports. 
"(d) LIMITATIONS.—Subsections (b) and (c)— 
"(1) do not affect any settlement, agreement, or consent 
judgment between any State Attorney CJeneral and any 
consumer reporting agency in effect on the date of enactment 
of the Consumer Credit Reporting Reform Act of 1996; and 
"(2) do not apply to any provision of State law (including 
any provision of a State constitution) that— 
"(A) is enacted after January 1, 2004; 
"(B) states explicitly that the provision is intended 
to supplement this title; and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-454 
"(C) gives greater protection to consumers than is pro-
vided under this title.". 
SEC. 2420. EFFECTIVE DATE. 
15 USC 1681a 
(a) IN GENERAL.—Except as otherwise specifically provided in 
this chapter, the amendments made by this chapter shall become 
effective 365 days after the date of enactment of this Act. 
(b) EARLY COMPLIANCE.—^Any person or other entity that is 
subject to the requirements of this chapter may, at its option, 
comply with any provision of this chapter before the date on which 
that provision becomes effective under this chapter, in which case, 
each of the corresponding provisions of this chapter shall be fully 
applicable to such person or entity. 
SEC. 2421. RELATIONSHIP TO OTHER LAW. 
15 USC 1681a 
Nothing in this chapter or the amendments made by this chap-
ter shall be considered to supersede or otherwise affect section 
2721 of title 18, United States Code, with respect to motor vehicle 
records for surveys, marketing, or solicitations. 
SEC. 2422. FEDERAL RESERVE BOARD STUDY. 
(a) STUDY REQUIRED.—^The Board of Governors of the Federal 
Reserve System, in consultation with the other Federal banking 
agencies (as defined in section 3 of the Federal Deposit Insurance 
Act) and the Federal Trade Commission, shall conduct a study 
of whether organizations which, as of the date of the enactment 
of this Act, are not subject to the Fair Credit Reporting Act as 
consumer reporting agencies (as defined in section 603 of such 
Act) are engaged in the business of making sensitive consumer 
identification information, including social security numbers, moth-
ers' maiden names, prior addresses, and dates of birth, available 
to the general public. 
(b) DETERMINATION OF POTENTIAL FOR FRAUD.—If the Board 
of Governors of the Federal Reserve System determines that 
organizations referred to in subsection (a) are engaged in the busi-
ness of making sensitive consumer identification information avail-
able to the general public, the Board shall determine— 
(1) whether such activities create undue potential for fraud 
and risk of loss to insured depository institutions (as defined 
in section 3 of the Federal Deposit Insurance Act); and 
(2) if so, whether changes in Federal law are necessary 
to address such risks of fraud and loss. 
(c) REPORT TO CONGRESS.—Before the end of the 6-month period 
beginning on the date of the enactment of this Act, the Board 
of Governors of the Federal Reserve System shall submit a report 
to the Congress containing— 
(1) the findings and conclusion of the Board in connection 
with the study required under subsections (a) and (b); and 
(2) recommendations for such legislative or administrative 
action as the Board determines to be appropriate. 
CHAPTER 2—CREDIT REPAIR ORGANIZATIONS 
SEC. 2451. REGULATION OF CREDIT REPAIR ORGANIZATIONS. 
Title rV of the Consumer Credit Protection Act (Public Law 
90-321, 82 Stat. 164) is amended to read as follows: 
110 STAT. 3009-455 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Credit Repair 
Organizations 
Act. 
"TITLE IV—CREDIT REPAIR 
ORGANIZATIONS 
15 u s e 1601 
note. 
15 u s e 1679. 
15 u s e 1679a. 
"Sec. 
"401. Short title. 
"402. Findings and purposes. 
"403. DeHnitions. 
"404. Prohibited practices. 
"405. Disclosures. 
"406. Credit repair organizations contracts. 
"407. Right to cancel contract. 
"408. Noncompliance with this title. 
"409. Civil liability. 
"410. Administrative enforcement. 
"411. Statute of limitations. 
"412. Relation to State law. 
"413. Effective date. 
"SEC. 401. SHORT TITLE. 
"This title may be cited as the 'Credit Repair Organizations 
Act'. 
"SEC. 402. FINDINGS AND PURPOSES. 
"(a) FINDINGS.—^The Congress makes the following findings: 
"(1) Consumers have a vital interest in establishing and 
maintaining their credit worthiness and credit standing in order 
to obtain and use credit. As a result, consumers who have 
experienced credit problems may seek assistance from credit 
repair organizations which offer to improve the credit standing 
of such consumers. 
"(2) Certain advertising and business practices of some 
companies engaged in the business of credit repair services 
have worked a financial hardship upon consumers, particularly 
those of limited economic means and who are inexperienced 
in credit matters. 
"(b) PURPOSES.—^The purposes of this title are— 
"(1) to ensure that prospective buyers of the services of 
credit repair organizations are provided with the information 
necessary to make an informed decision regarding the purchase 
of such services; and 
"(2) to protect the public from unfair or deceptive advertis-
ing and business practices by credit repair organizations. 
"SEC. 403. DEFINITIONS. 
"For purposes of this title, the following definitions apply: 
"(1) CONSUMER.—^The term 'consumer' means an individual. 
"(2) CONSUMER CREDIT TRANSACTION.—^The term 'consumer 
credit transaction' means any transaction in which credit is 
offered or extended to an individual for personal, family, or 
household purposes. 
"(3) CREDIT REPAIR ORGANIZATION.—^The term 'credit repair 
organization'— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-456 
"(A) means any person who uses any instrumentality 
of interstate commerce or the mails to sell, provide, or 
perform (or represent that such person can or will sell, 
provide, or perform) any service, in return for the payment 
of money or other valuable consideration, for the express 
or implied purpose of— 
"(i) improving any consumer's credit record, credit 
history, or credit rating; or 
"(ii) providing advice or assistance to any consumer 
with regard to any activity or service described in 
clause (i); and 
"(B) does not include— 
"(i) any nonprofit organization which is exempt 
from taxation under section 501(c)(3) of the Internal 
Revenue Code of 1986; 
"(ii) any creditor (as defined in section 103 of the 
Truth in Lending Act), with respect to any consumer, 
to the extent the creditor is assisting the consumer 
to restructure any debt owed by the consumer to the 
creditor; or 
"(iii) any depository institution (as that term is 
defined in section 3 of the Federal Deposit Insurance 
Act) or any Federal or State credit union (as those 
terms are defined in section 101 of the Federal Credit 
Union Act), or any affiliate or subsidiary of such a 
depository institution or credit union. 
"(4) CREDIT.—^The term 'credit' has the meaning given to 
such term in section 103(e) of this Act. 
*SEC. 404. PROHIBITED PRACTICES. 
15 USC 1679b. 
"(a) IN GENERAL.—No person may— 
"(1) make any statement, or counsel or advise any consumer 
to make any statement, which is untrue or misleading (or 
which, upon the exercise of reasonable care, should be known 
by the credit repair organization, officer, employee, agent, or 
other person to be untrue or misleading) with respect to any 
consumer's credit worthiness, credit stan<ing, or credit capacity 
to— 
"(A) any consumer reporting agency (as defined in sec-
tion 603(f) of this Act); or 
"(B) any person— 
"(i) who has extended credit to the consumer; or 
"(ii) to whom the consumer has applied or is apply-
ing for an extension of credit; 
"(2) make any statement, or counsel or advise any consumer 
to make any statement, the intended effect of which is to 
alter the consumer's identification to prevent the display of 
the consumer's credit record, history, or rating for the purpose 
of concealing adverse information that is accurate and not 
obsolete to— 
"(A) any consumer reporting agency; 
"(B) any person— 
"(i) who has extended credit to the consumer; or 
"(ii) to whom the consumer has applied or is apply-
ing for an extension of credit; 
"(3) make or use any untrue or misleading representation 
of the services of the credit repair organization; or 
110 STAT. 3009-457 
PUBLIC LAW 104-208—SEPT. 30, 1996 
15 u s e 1679c. 
"(4) engage, directly or indirectly, in any act, practice, 
or course of business that constitutes or results in the commis-
sion of, or an attempt to commit, a fraud or deception on 
any person in connection with the offer or sale of the services 
of the credit repair organization. 
"(b) PAYMENT IN ADVANCE.—No credit repair organization may 
charge or receive any money or other valuable consideration for 
the performance of any service which the credit repair organization 
has agreed to perform for any consumer before such service is 
fully performed. 
"SEC. 405. DISCLOSURES. 
"(a) DISCLOSURE REQUIRED.—^Any credit repair organization 
shall provide any consumer with the following written statement 
before any contract or agreement between the consumer and the 
credit repair organization is executed: 
"'Consumer Credit File Rights Under State 
and Federal Law 
"Tou have a right to dispute inaccurate information in your 
credit report by contacting the credit bureau directly. However, 
neither you nor any "credit repair" company or credit repair 
organization has the right to have accurate, current, and verifiable 
information removed from your credit report. The credit bureau 
must remove accurate, negative information from your report only 
if it is over 7 years old. Bankruptcy information can be reported 
for 10 years. 
" Tou have a right to obtain a copy of your credit report from 
a credit bureau. You may be charged a reasonable fee. There is 
no fee, however, if you have been turned down for credit, employ-
ment, insurance, or a rental dwelling because of information in 
your credit report within the preceding 60 days. The credit bureau 
must provide someone to help you interpret the information in 
your credit file. You are entitled to receive a free copy of your 
credit report if you are unemployed and intend to apply for employ-
ment in the next 60 days, if you are a recipient of public welfare 
assistance, or if you have reason to believe that there is inaccurate 
information in your credit report due to fraud. 
"Tou have a right to sue a credit repair organization that 
violates the Credit Repair Organization Act. This law prohibits 
deceptive practices by credit repair organizations. 
"Tou have the right to cancel your contract with any credit 
repair organization for any reason within 3 business days from 
the date you signed it. 
"'Credit bureaus are required to follow reasonable procedures 
to ensure that the information they report is accurate. However, 
mistakes may occur. 
"Tou may, on your own, notify a credit bureau in writing 
that you dispute the accuracy of information in your credit file. 
The credit bureau must then reinvestigate and modify or remove 
inaccurate or incomplete information. The credit bureau may not 
charge any fee for this service. Any pertinent information and 
copies of all documents you have concerning an error should be 
given to the credit bureau. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-458 
"'If the credit bureau's reinvestigation does not resolve the 
dispute to your satisfaction, you may send a brief statement to 
the credit bureau, to be kept in your file, explaining why you 
think the record is inaccurate. The credit bureau must include 
a summary of your statement about disputed information with 
any report it issues about you. 
"The Federal Trade Commission regulates credit bureaus and 
credit repair organizations. For more information contact: 
"'The Public Reference Branch 
" 'Federal Trade Commission 
"'Washington, D.C. 20580'. 
"(b) SEPARATE STATEMENT REQUIREMENT.—The written state-
ment required under this section shall be provided as a document 
which is separate from any written contract or other agreement 
between the credit repair organization and the consumer or any 
other written material provided to the consumer. 
"(c) RETENTION OF COMPLIANCE RECORDS.— 
"(1) IN GENERAL.—^The credit repair organization shall 
maintain a copy of the statement signed by the consumer 
acknowledging receipt of the statement. 
"(2) MAINTENANCE FOR 2 YEARS.—The copy of any consum-
er's statement shall be maintained in the organization's files 
for 2 years after the date on which the statement is signed 
b)^he consumer. 
"SEC. 406. CREDIT REPAIR ORGANIZATIONS CONTRACTS. 
15 USC 1679d. 
"(a) WRITTEN CONTRACTS REQUIRED.—No services may be pro-
vided by any credit repair organization for any consumer— 
"(1) unless a written and dated contract (for the purchase 
of such services) which meets the requirements of subsection 
(b) has been signed by the consumer; or 
"(2) before the end of the 3-business-day period beginning 
on the date the contract is signed. 
"(b) 
TERMS AND CONDITIONS OF CONTRACT.—No contract 
referred to in subsection (a) meets the requirements of this sub-
section unless such contract includes (in writing)— 
"(1) the terms and conditions of pa3anent, including the 
total amount of all payments to be made by the consumer 
to the credit repair organization or to any other person; 
"(2) a full and detailed description of the services to be 
performed by the credit repair organization for the consumer, 
including— 
"(A) all guarantees of performance; and 
"(B) an estimate o
f
— 
"(i) the date by which the performance of the serv-
ices (to be performed by the credit repair organization 
or any other person) will be complete; or 
"(ii) the length of the period necessary to perform 
such services; 
"(3) the credit repair organization's name and principal 
business address; and 
"(4) a conspicuous statement in bold face type, in immediate 
proximity to the space reserved for the consumer's signature 
on the contract, which reads as follows: 'You may cancel this 
110 STAT. 3009-459 
PUBLIC LAW 104-208—SEPT. 30, 1996 
contract without penalty or obligation at any time before mid-
night of the 3rd business day after the date on which you 
signed the contract. See the attached notice of cancellation 
form for an explanation of this right.'. 
15 use 1679e. 
"SEC. 407. RIGHT TO CANCEL CONTRACT. 
"(a) IN GENERAL.—^Any consumer may cancel any contract with 
any credit repair organization without penalty or obligation by 
notifying the credit repair organization of the consumer's intention 
to do so at any time before midnight of the 3rd business day 
which begins after the date on which the contract or agreement 
between the consumer and the credit repair organization is executed 
or would, but for this subsection, become enforceable against the 
parties. 
"(b) CANCELLATION FORM AND OTHER INFORMATION.—Each con-
tract shall be accompanied by a form, in duplicate, which has 
the heading 'Notice of Cancellation' and contains in bold face type 
the following statement: 
"Tou may cancel this contract, without any penalty or 
obligation, at any time before midnight of the 3rd day which 
begins after the date the contract is signed by you. 
"'To cancel this contract, mail or deliver a signed, dated 
copy of this cancellation notice, or any other written notice 
to [ name of credit repair organization ] at [ address of credit 
repair organization ] before midnight on [ date ] 
" *l hereby cancel this transaction, 
[ date ] 
[ purchaser's signature ].'. 
"(c) CONSUMER COPY OF CONTRACT REQUIRED.—^Any consumer 
who enters into any contract with any credit repair organization 
shall be given, by the organization— 
"(1) a copy of the completed contract and the disclosure 
statement required under section 405; and 
"(2) a copy of any other document the credit repair 
organization requires the consumer to sign, at the time the 
contract or the other document is signed. 
15 use 1679f. 
"SEC. 408. NONCOMPLLVNCE WITH THIS TITLE. 
"(a) 
CONSUMER 
WAIVERS 
INVALID.—^Any waiver 
by 
any 
consumer of any protection provided by or any right of the consumer 
under this title— 
"(1) shall be treated as void; and 
"(2) may not be enforced by any Federal or State court 
or any other person. 
"(b) ATTEMPT To OBTAIN WAIVER.—^Any attempt by any person 
to obtain a waiver from any consumer of any protection provided 
by or any right of the consumer under this title shall be treated 
as a violation of this title. 
"(c) CONTRACTS NOT IN COMPLIANCE.—^Any contract for services 
which does not comply with the applicable provisions of this title— 
"(1) shall be treated as void; and 
"(2) may not be enforced by any Federal or State court 
or any other person. 
15 use 1679g. 
"SEC. 409. CIVIL LIABILITY. 
"(a) LIABILITY ESTABLISHED.—Any person who fails to comply 
with any provision of this title with respect to any other person 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-460 
shall be liable to such person in an amount equal to the sum 
of the amounts determined under each of the following paragraphs: 
"(1) ACTUAL DAMAGES.—The greater of^ 
"(A) the amount of any actual damage sustained by 
such person as a result of such failure; or 
"(B) any amount paid by the person to the credit repair 
organization. 
"(2) PUNITIVE DAMAGES.— 
"(A) INDIVIDUAL ACTIONS.—In the case of any action 
by an individual, such additional amount as the court 
may allow. 
"(B) CLASS ACTIONS.—In the case of a class action, 
the sum of— 
"(i) the aggregate of the amount which the court 
may allow for each named plaintiff; and 
"(ii) the aggregate of the amount which the court 
may allow for each other class member, without regard 
to any minimum individual recovery. 
"(3) ATTORNEYS' FEES.—In the case of any successful action 
to enforce any liability under paragraph (1) or (2), the costs 
of the action, together with reasonable attorneys' fees. 
"(b) FACTORS TO BE CONSIDERED IN AWARDING PUNITIVE DAM-
AGES.—In determining the amount of any liability of any credit 
repair organization under subsection (a)(2), the court shall consider, 
among other relevant factors— 
"(1) the frequency and persistence of noncompliance by 
the credit repair organization; 
"(2) the nature of the noncompliance; 
"(3) the extent to which such noncompliance was inten-
tional; and 
"(4) in the case of any class action, the number of consumers 
adversely affected. 
"SEC. 410. ADMINISTRATIVE ENFORCEMENT. 
15 USC 1679h. 
"(a) IN GENERAL.—Compliance with the requirements imposed 
under this title with respect to credit repair organizations shall 
be enforced under the Federal Trade Commission Act by the Federal 
Trade Commission. 
"(b) VIOLATIONS OF THIS TITLE TREATED AS VIOLATIONS OF 
FEDERAL TRADE COMMISSION ACT.— 
"(1) IN GENERAL.—For the purpose of the exercise by the 
Federal Trade Commission of the Commission's functions and 
powers under the Federal Trade Commission Act, any violation 
of any requirement or prohibition imposed under this title 
with respect to credit repair organizations shall constitute an 
unfair or deceptive act or practice in commerce in violation 
of section 5(a) of the Federal Trade Commission Act. 
"(2) 
ENFORCEMENT AUTHORITY UNDER OTHER LAW.—^All 
functions and powers of the Federal Trade Commission under 
the Federal Trade Commission Act shall be available to the 
Commission to enforce compliance with this title by any person 
subject to enforcement by the Federal Trade Commission pursu-
ant to this subsection, including the power to enforce the provi-
sions of this title in the same manner as if the violation had 
been a violation of any Federal Trade Commission trade regula-
tion rule, without regard to whether the credit repair organiza-
tion— 
110 STAT. 3009-461 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(A) is engaged in commerce; or 
"(B) meets any other jurisdictional tests in the Federal 
Trade Commission Act. 
"(c) STATE ACTION FOR VIOLATIONS.— 
"(1) AUTHORITY OF STATES.—In addition to such other rem-
edies as are provided under State law, whenever the chief 
law enforcement officer of a State, or an official or agency 
designated by a State, has reason to believe that any person 
has violated or is violating this title, the State— 
"(A) may bring an action to enjoin such violation; 
"(B) may bring an action on behalf of its residents 
to recover damages for which the person is liable to such 
residents under section 409 as a result of the violation; 
and 
"(C) in the case of any successful action under subpara-
graph (A) or (B), shall be awarded the costs of the action 
and reasonable attorney fees as determined by the court. 
"(2) RIGHTS OF COMMISSION.— 
"(A) NOTICE TO COMMISSION.—^The State shall serve 
prior written notice of any civil action under paragraph 
(1) upon the Federal Trade Commission and provide the 
Commission with a copy of its complaint, except in any 
case where such prior notice is not feasible, in which case 
the State shall serve such notice immediately upon institut-
ing such action. 
"(B) INTERVENTION.—The Commission shall have the 
right— 
"(i) to intervene in any action referred to in 
subparagraph (A); 
"(ii) upon so intervening, to be heard on all matters 
arising in the action; and 
"(iii) to file petitions for appeal. 
"(3) INVESTIGATORY POWERS.—For purposes of bringing any 
action under this subsection, nothing in this subsection shall 
prevent the chief law enforcement officer, or an official or 
agency designated by a State, from exercising the powers con-
ferred on the chief law enforcement officer or such official 
by the laws of such State to conduct investigations or to admin-
ister oaths or affirmations or to compel the attendance of wit-
nesses or the production of documentary and other evidence. 
"(4) LIMITATION.—^Whenever the Federal Trade Commission 
has instituted a civil action for violation of this title, no State 
may, during the pendency of such action, bring an action under 
this section against any defendant named in the complaint 
of the Commission for any violation of this title that is alleged 
in that complaint. 
15 use 16791. 
"SEC. 411. STATUTE OF LIMITATIONS. 
"Any action to enforce any liability under this title may be 
brought before the later of— 
"(1) the end of the 5-year period beginning on the date 
of the occurrence of the violation involved; or 
"(2) in any case in which any credit repair organization 
has materially and willfully misrepresented any information 
which— 
"(A) the credit repair organization is required, by any 
provision of this title, to disclose to any consumer; and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-462 
"(B) is material to the establishment of the credit repair 
organization's liability to the consumer under this title, 
the end of the 5-year period beginning on the date of the 
discovery by the consumer of the misrepresentation. 
"SEC. 412. RELATION TO STATE LAW. 
"This title shall not annul, alter, affect, or exempt any person 
subject to the provisions of this title from compl5dng with any 
law of any State except to the extent that such law is inconsistent 
with any provision of this title, and then only to the extent of 
the inconsistency. 
"SEC. 413. EFFECTIVE DATE. 
'This title shall apply after the end of the 6-month period 
beginning on the date of the enactment of the Credit Repair 
Organizations Act, except with respect to contracts entered into 
by a credit repair organization before the end of such period.". 
SEC. 2452. CREDIT WORTHINESS. 
It is the sense of the Senate that— 
(1) individuals should generally be judged for credit worthi-
ness based on their own credit worthiness and not on the 
zip code or neighborhood in which they live; and 
(2) the Federal Trade Commission, after consultation with 
the appropriate Federal banking agency, should report to the 
Committee on Banking, Housing, and Urban Affairs of the 
Senate as to whether and how the location of the residence 
of an applicant for unsecured credit is considered by many 
companies and financisd institutions in deciding whether an 
applicant should be grsmted credit. 
Subtitle E—^Asset Conservation, Lender Li-
ability, and Deposit Insurance Protec-
tion 
SEC. 2501. SHORT TITLE. 
This subtitle may be cited as the "Asset Conservation, Lender 
Liability, and Deposit Insurance Protection Act of 1996". 
SEC. 2502. CERCLA LENDER AND FIDUCIARY LIABILITY LIMITATIONS 
AMENDMENTS. 
(a) IN GENERAL.—Section 107 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607) is amended by adding at the end the following: 
"(n) LIABILITY OF FIDUCIARIES.— 
"(1) IN GENERAL.—^The liability of a fiduciary under any 
provision of this Act for the release or threatened release of 
a hazardous substance at, from, or in connection with a vessel 
or facility held in a fiduciary capacity shall not exceed the 
assets held in the fiduciary capacity. 
"(2) EXCLUSION.—Paragraph (1) does not apply to the 
extent that a person is liable under this Act independently 
of the person's ownership of a vessel or facility as a fiduciary 
or actions taken in a fiduciary capacity. 
"(3) LIMITATION.—Paragraphs (1) and (4) do not limit the 
liability pertaining to a release or threatened release of a 
15 use 1678tj. 
15 use 1679 
note. 
Asset 
Conservation, 
Lender Liability, 
and Dejposit 
Insuraitce 
Protection Act of 
1996. 
42 use 9601 
note. 
110 STAT. 3009-463 
PUBLIC LAW 104-208—SEPT. 30, 1996 
hazardous substance if negligence of a fiduciary causes or 
contributes to the release or threatened release. 
"(4) SAFE HARBOR.—^A fiduciary shall not be liable in its 
personal capacity under this Act for— 
"(A) undertaking or directing another person to under-
take a response action under subsection (d)(1) or under 
the direction of an on scene coordinator designated under 
the National Contingency Plan; 
"(B) undertaking or directing another person to under-
take any other lawful means of addressing a hazardous 
substance in connection with the vessel or facility; 
"(C) terminating the fiduciary relationship; 
"(D) including in the terms of the fiduciary agreement 
a covenant, warranty, or other term or condition that 
relates to compliance with an environmental law, or mon-
itoring, modifying or enforcing the term or condition; 
"(E) monitoring or undertaking 1 or more inspections 
of the vessel or facility; 
"(F) providing financial or other advice or counseling 
to other parties to the fiduciary relationship, including 
the settlor or beneficiary; 
"(G) restructuring, renegotiating, or otherwise altering 
the terms and conditions of the fiduciary relationship; 
"(H) administering, as a fiduciary, a vessel or facility 
that was contaminated before the fiduciary relationship 
began; or 
"(I) declining to take any of the actions described in 
subparagraphs (B) through (H). 
"(5) DEFINITIONS.—^As used in this Act: 
"(A) FIDUCIARY.—^The term 'fiduciary— 
"(i) means a person acting for the benefit of another 
party as a bona fide— 
"(I) trustee; 
"(II) executor; 
"(III) administrator; 
"(IV) custodian; 
"(V) guardian of estates or guardian ad litem; 
"(VI) receiver; 
"(VII) conservator; 
"(VIII) committee of estates of incapacitated 
persons; 
"(IX) personal representative; 
"(X) trustee (including a successor to a trustee) 
under an indenture agreement, trust agreement, 
lease, or similar financing agreement, for debt 
securities, certificates of interest or certificates of 
participation in debt securities, or other forms of 
indebtedness as to which the trustee is not, in 
the capacity of trustee, the lender; or 
"(XI) representative in any other capacity that 
the Administrator, after providing public notice, 
determines to be similar to the capacities described 
in subclauses (I) through (X); and 
"(ii) does not include— 
"(I) a person that is acting as a fiduciary with 
respect to a trust or other fiduciary estate that 
was organized for the primary purpose of, or is 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-464 
engaged in, actively carrying on a trade or business 
for profit, unless the trust or other fiduciary estate 
was created as part of, or to facilitate, 1 or more 
estate plans or because of the incapacity of a natu-
ral person; or 
"(11) a person that acquires ownership or con-
trol of a vessel or facility with the objective purpose 
of avoiding liability of the person or of any other 
person. 
"(B) FIDUCIARY CAPACITY.—The term 'fiduciary capac-
itj^ means the capacity of a person in holding title to 
a vessel or facility, or otherwise having control of or an 
interest in the vessel or facility, pursuant to the exercise 
of the responsibilities of the person as a fiduciary. 
"(6) SAVINGS CLAUSE.—Nothing in this subsection— 
"(A) affects the rights or immunities or other defenses 
that are available under this Act or other law that is 
applicable to a person subject to this subsection; or 
"(B) creates any liability for a person or a private 
right of action against a fiduciary or any other person. 
"(7) No EFFECT ON CERTAIN PERSONS.—Nothing in this 
subsection applies to a person if the person— 
"(A)(i) acts in a capacity other than that of a fiduciary 
or in a beneficiary capacity; and 
"(ii) in that capacity, directly or indirectly benefits 
from a trust or fiduciary relationship; or 
"(B)(i) is a beneficiary and a fiduciary with respect 
to the same fiduciary estate; and 
"(ii) as a fiduciary, receives benefits that exceed cus-
tomary or reasonable compensation, and incidental bene-
fits, permitted under other applicable law. 
"(8) LIMITATION.—This subsection does not preclude a claim 
under this Act against— 
"(A) the assets of the estate or trust administered 
by the fiduciary; or 
"(B) a nonemployee agent or independent contractor 
retained by a fiduciary.". 
(b) DEFINITION OF OWNER OR OPERATOR.—Section 101(20) of 
the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601(20)) is amended by adding 
at the end the following: 
"(E) 
EXCLUSION OF LENDERS NOT PARTICIPANTS IN 
MANAGEMENT.— 
"(i) INDICIA OF OWNERSHIP TO PROTECT SECURITY.— 
The term 'owner or operator' does not include a person 
that L a lender that, without participating in the 
management of a vessel or facility, holds indicia of 
ownership primarily to protect the security interest 
of the person in the vessel or facility. 
"(ii) FORECLOSURE.—^The term 'owner or operator' 
does not include a person that is a lender that did 
not participate in management of a vessel or facility 
prior to foreclosure, notwithstanding that the person— 
"(I) forecloses on the vessel or facility; and 
"(II) after foreclosure, sells, re-leases (in the 
case of a lease finance transaction), or liquidates 
the vessel or facility, maintains business activities. 
110 STAT. 3009-465 
PUBLIC LAW 104-208—SEPT. 30, 1996 
winds up operations, undertakes a response action 
under section 107(d)(1) or under the direction of 
an on-scene coordinator appointed under 
the 
National Contingency Plan, with respect to the 
vessel or facility, or takes any other measure to 
preserve, protect, or prepare the vessel or facility 
prior to sale or disposition, 
if the person seeks to sell, re-lease (in the case of 
a lease finance transaction), or otherwise divest the 
person of the vessel or facility at the earliest prac-
ticable, commercially reasonable time, on commercially 
reasonable terms, taking into account market condi-
tions and legal and regulatory requirements. 
"(F) PARTICIPATION IN MANAGEMENT.—For purposes of 
subparagraph (E)— 
"(i) the term 'participate in management'— 
"(I) means 
actually 
participating 
in 
the 
management or operational affairs of a vessel or 
facility; and 
"(II) does not include merely having the capac-
ity to influence, or the unexercised right to control, 
vessel or facility operations; 
"(ii) a person that is a lender and that holds indicia 
of ownership primarily to protect a security interest 
in a vessel or facility shall be considered to participate 
in management only if, while the borrower is still 
in possession of the vessel or facility encumbered by 
the security interest, the person— 
"(I) exercises decisionmaking control over the 
environmental compliance related to the vessel or 
facility, such that the person has undertaken 
responsibility for the hazardous substance han-
dling or disposal practices related to the vessel 
or facility; or 
"(II) exercises control at a level comparable 
to that of a manager of the vessel or facility, such 
that the person has assumed or manifested respon-
sibility— 
"(aa) for the overall management of the 
vessel or facility encompassing day-to-day 
decisionmaking with respect to environmental 
compliance; or 
"(bb) over all or substantially all of the 
operational functions (as distinguished from 
financial or administrative functions) of the 
vessel or facility other than the function of 
environmental compliance; 
"(iii) the term 'participate in management' does 
not include performing an act or failing to act prior 
to the time at which a security interest is created 
in a vessel or facility; and 
"(iv) the term 'participate in management' does 
not include— 
"(I) holding a security interest or abandoning 
or releasing a security interest; 
"(II) including in the terms of an extension 
of credit, or in a contract or security agreement 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-466 
relating to the extension, a covenant, warranty, 
or other term or condition that relates to environ-
mental compliance; 
"(III) monitoring or enforcing the terms and 
conditions of the extension of credit or security 
interest; 
"(IV) monitoring or undertaking 1 or more 
inspections of the vessel or facility; 
"(V) requiring a response action or other lawful 
means of addressing the release or threatened 
release of a hazardous substance in connection 
with the vessel or facility prior to, during, or on 
the expiration of the term of the extension of credit; 
"(VI) providing financial or other advice or 
counseling in an effort to mitigate, prevent, or 
cure default or diminution in the value of the 
vessel or facility; 
"(VII) restructuring, renegotiating, or other-
wise agreeing to alter the terms and conditions 
of the extension of credit or security interest, 
exercising forbearance; 
"(VIII) exercising other remedies that may be 
available under applicable law for the breach of 
a term or condition of the extension of credit or 
security agreement; or 
"(DC) conducting a response action under sec-
tion 107(d) or under the direction of an on-scene 
coordinator appointed under the National Contin-
gency Plan, 
if the actions do not rise to the level of participating 
in management (within the meaning of clauses (i) and 
(ii)). 
"(G) OTHER TERMS.—AS used in this Act: 
"(i) EXTENSION OF CREDIT.—The term 'extension 
of credit' includes a lease finance transaction— 
"(I) in which the lessor does not initially select 
the leased vessel or facility and does not during 
the lease term control the daily operations or 
maintenance of the vessel or facility; or 
"(II) that conforms with regulations issued by 
the appropriate Federal banking agency or the 
appropriate State bank supervisor (as those terms 
are defined in section 3 of the Federal Deposit 
Insurance Act (12 U.S.C. 1813) or with regulations 
issued by the National Credit Union Administra-
tion Board, as appropriate. 
"(ii) 
FINANCIAL OR ADMINISTRATIVE FUNCTION.— 
The term 'financial or administrative function' includes 
a function such as that of a credit manager, accounts 
payable officer, accounts receivable officer, personnel 
manager, comptroller, or chief financial officer, or a 
similar function. 
"(iii) FORECLOSURE; FORECLOSE.—^The terms 'fore-
closure' and 'foreclose' mean, respectively, acquiring, 
and to acquire, a vessel or facility through— 
110 STAT. 3009-467 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(I)(aa) purchase at sale under a judgment 
or decree, power of sale, or nonjudicial foreclosure 
sale; 
"(bb) a deed in lieu of foreclosure, or similar 
conveyance from a trustee; or 
"(cc) repossession, 
if the vessel or facility was security for an extension 
of credit previously contracted; 
"(11) conveyance pursuant to an extension of 
credit previously contracted, including the termi-
nation of a lease agreement; or 
"(III) any other formal or informal manner 
by which the person acquires, for subsequent dis-
position, title to or possession of a vessel or facility 
in order to protect the security interest of the 
person. 
"(iv) LENDER.—The term 'lender' means— 
"(I) an insured depository institution 
(as 
defined in section 3 of the Federal Deposit Insur-
ance Act (12 U.S.C. 1813)); 
"(II) an insured credit union (as defined in 
section 101 of the Federal Credit Union Act (12 
U.S.C. 1752)); 
"(III) a bank or association chartered under 
the Farm Credit Act of 1971 (12 U.S.C. 2001 et 
seq.); 
"(IV) a leasing or trust company that is an 
affiliate of an insured depository institution; 
"(V) any person (including a successor or 
assignee of any such person) that makes a bona 
fide extension of credit to or takes or acquires 
a security interest from a nonaffiliated person; 
"(VI) the Federal National Mortgage Associa-
tion, the Federal Home Loan Mortgage Corpora-
tion, the Federal Agricultural Mortgage Corpora-
tion, or any other entity that in a bona fide manner 
buys or sells loans or interests in loans; 
"(VII) a person that insures or guarantees 
against a default in the repayment of an extension 
of credit, or acts as a surety with respect to an 
extension of credit, to a nonaffiliated person; and 
"(VIII) a person that provides title insurance 
and that acquires a vessel or facility as a result 
of assignment or conveyance in the course of 
underwriting claims and claims settlement, 
"(v) OPERATIONAL FUNCTION.—^The term 'oper-
ational function' includes a function such as that of 
a facility or plant manager, operations manager, chief 
operating officer, or chief executive officer. 
"(vi) 
SECURITY 
INTEREST.—^The term 
'security 
interest' includes a right under a mortgage, deed of 
trust, assignment, judgment lien, pledge, security 
agreement, factoring agreement, or lease and any other 
right accruing to a person to secure the repayment 
of money, the performance of a duty, or any other 
obligation by a nonaffiliated person.". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-468 
SEC. 2503. CONFORMING AMENDMENT. 
Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 
6991b(h)) is amended by striking paragraph (9) and inserting the 
following: 
"(9) DEFINITION OF OWNER OR OPERATOR.— 
"(A) IN GENERAL.—^As used in this subtitle, the terms 
'owner' and 'operator' do not include a person that, without 
participating in the management of an underground stor-
age tank and otherwise not engaged in petroleum produc-
tion, refining, or marketing, holds indicia of ownership 
primarily to protect the person's security interest. 
"(B) SECURITY 
INTEREST HOLDERS.—The provisions 
regarding holders of security interests in subparagraphs 
(E) through (G) of section 101(20) and the provisions 
regarding fiduciaries at section 107(n) of the Comprehen-
sive Environmental Response, Compensation, and Liability 
Act of 1980 shall apply in determining a person's liability 
as an owner or operator of an underground storage tank 
for the purposes of this subtitle. 
"(C) EFFECT ON RULE.—Nothing in subparagraph (B) 
shall be construed as modifying or affecting the final rule 
issued by the Administrator on September 7, 1995 (60 
Fed. Reg. 46,692), or as limiting the authority of the 
Administrator to amend the final rule, in accordance with 
applicable law. The final rule in effect on the date of 
enactment of this subparagraph shall prevail over any 
inconsistent 
provision 
regarding 
holders 
of 
security 
interests in subparagraphs (E) through (G) of section 
101(20) or any inconsistent provision regarding fiduciaries 
in section 107(n) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980. Any 
amendment to the final rule shall be consistent with the 
provisions regarding holders of security interests in sub-
paragraphs (E) through (G) of section 101(20) and the 
provisions regarding fiduciaries in section 107(n) of the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980. This subparagraph does not 
preclude judicial review of any amendment of the final 
rule made after the date of enactment of this subpara-
graph.". 
SEC, 2504. LENDER LIABIUTY RULE. 
(a) IN GENERAL.—Effective on the date of enactment of this 
Act, the portion of the final rule issued by the Administrator of 
the Environmental Protection Agency on April 29, 1992 (57 Fed. 
Reg. 18,344), prescribing section 300.1105 of title 40, Code of Fed-
eral Regulations, shall be deemed to have been validly issued under 
authority of the Comprehensive Environmental Response, Com-
pensation, and Liabihty Act of 1980 (42 U.S.C. 9601 et seq.) and 
to have been effective according to the terms of the final rule. 
No additional judicial proceedings shall be necessary or may be 
held with respect to such portion of the final rule. Any reference 
in that portion of the final rule to section 300.1100 of title 40, 
Code of Federal Regulations, shall be deemed to be a reference 
to the amendments made by this subtitle. 
(b) JUDICIAL REVIEW.—Notwithstanding section 113(a) of the 
Comprehensive 
Environmental 
Response, 
Compensation, 
and 
110 STAT. 3009-469 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Liability Act of 1980 (42 U.S.C. 9613(a)), no court shall have juris-
diction to review the portion of the final rule issued by the Adminis-
trator of the Environmental Protection Agency on April 29, 1992 
(57 Fed. Reg. 18,344) that prescribed section 300.1105 of title 40, 
Code of Federal Regulations. 
(c) AMENDMENT.—No provision of this section shall be construed 
as limiting the authority of the President or a delegee of the 
President to amend the portion of the final rule issued by the 
Administrator of the Environmental Protection Agency on April 
29, 1992 (57 Fed. Reg. 18,344), prescribing section 300.1105 of 
title 40, Code of Federal Regulations, consistent with the amend-
ments made by this subtitle and other applicable law. 
(d) JUDICIAL REVIEW.—No provision of this section shall be 
construed as precluding judicial review of any amendment of section 
300.1105 of title 40, Code of Federal Regulations, made after the 
date of enactment of this Act. 
42 use 6991b 
SEC. 2505. EFFECTIVE DATE. 
The amendments made by this subtitle shall be applicable 
with respect to any claim that has not been finally adjudicated 
as of the date of enactment of this Act. 
Subtitle F—Miscellaneous 
SEC. 2601. FEDERAL RESERVE BOARD STUDY. 
(a) STUDY OF ELECTRONIC STORED VALUE PRODUCTS.— 
(1) STUDY.—The Board shall conduct a study of electronic 
stored value products which evaluates whether provisions of 
the Electronic Fund Transfer Act could be applied to such 
products without adversely impacting the cost, development, 
and operation of such products. 
(2) CONSIDERATIONS.—In conducting its study under para-
graph (1), the Board shall consider whether alternatives to 
regulation under the Electronic Fund Transfer Act, such as 
allowing competitive market forces to shape the development 
and operation of electronic stored value products, could more 
efficiently achieve the objectives embodied in that Act. 
(b) REPORT.—^The Board shall submit a report of its study 
under subsection (a) to the Congress not later than 6 months 
after the date of enactment of this Act. 
(c) ACTION TO FINALIZE.—^The Board shall take no action to 
finalize any amendments to regulations under the Electronic Fund 
Transfer Act that would regulate electronic stored value products 
until the later of— 
(1) 3 months after the date on which the report is submitted 
to the Congress under subsection (b); or 
(2) 9 months after the date of enactment of this Act. 
SEC. 2602. TREATMENT OF CLAIMS ARISING FROM BREACH OF CON-
TRACTS EXECUTED BY THE RECEIVER OR CONSERVA-
TOR. 
Section 11(d) of the Federal Deposit Insurance Act (12 U.S.C. 
1821(d)) is amended by adding at the end the following new para-
graph: 
"(20) TREATMENT OF CLAIMS ARISING FROM BREACH OF CON-
TRACTS EXECUTED BY THE RECEIVER OR CONSERVATOR.—Not-
withstanding any other provision of this subsection, any final 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-470 
and unappealable judgment for monetary damages entered 
against a receiver or conservator for an insured depository 
institution for the breach of an agreement executed or approved 
by such receiver or conservator after the date of its appointment 
shall be paid as an administrative expense of the receiver 
or conservator. Nothing in this paragraph shall be construed 
to limit the power of a receiver or conservator to exercise 
any rights under contract or law, including to terminate, breach, 
cancel, or otherwise discontinue such agreement.". 
SEC. 
2603. 
CRIMINAL 
SANCTIONS 
FOR 
FICTITIOUS 
FINANCIAL 
INSTRUMENTS AND COUNTERFEITING. 
(a) INCREASED PENALTIES FOR COUNTERFEITING VIOLATIONS.— 
Sections 474 and 474A of title 18, United States Code, are amended 
by striking "class C felony" each place that term appears and 
inserting "class B felony". 
(b) 
CRIMINAL PENALTY FOR PRODUCTION, SALE, TRANSPOR-
TATION, 
POSSESSION 
OF 
FICTITIOUS 
FINANCIAL 
INSTRUMENTS 
PURPORTING TO BE THOSE OF THE STATES, OF POLITICAL SUBDIVI-
SIONS, AND OF PRIVATE ORGANIZATIONS.— 
(1) IN GENERAL.—Chapter 25 of title 18, United States 
Code, is amended by inserting after section 513, the following 
new section: 
*'§ 514. Fictitious obligations 
"(a) Whoever, with the intent to defraud— 
"(1) draws, prints, processes, produces, publishes, or other-
wise makes, or attempts or causes the same, within the United 
States; 
"(2) passes, utters, presents, offers, brokers, issues, sells, 
or attempts or causes the same, or with like intent possesses, 
within the United States; or 
"(3) utilizes interstate or foreign commerce, including the 
use of the mails or wire, radio, or other electronic communica-
tion, to transmit, transport, ship, move, transfer, or attempts 
or causes the same, to, from, or through the United States, 
any false or fictitious instrument, document, or other item appear-
ing, representing, purporting, or contriving through scheme or arti-
fice, to be an actual security or other financial instrument issued 
under the authority of the United States, a foreign government, 
a State or other political subdivision of the United States, or an 
organization, shall be guilty of a class B felony. 
"(b) For purposes of this section, any term used in this section 
that is defined in section 513(c) has the same meaning given such 
term in section 513(c). 
"(c) The United States Secret Service, in addition to any other 
agency having such authority, shall have authority to investigate 
offenses under this section.". 
(2) TECHNICAL AMENDMENT.—^The analysis for chapter 25 
of title 18, United States Code, is amended by inserting after 
the item relating to section 513 the following: 
"514. Fictitious obligations.". 
SEC. 2604. AMENDMENTS TO THE TRUTH IN SAVINGS ACT. 
(a) REPEAL.—Effective as of the end of the 5-year period begin-
ning on the date of the enactment of this Act, section 271 of 
the Truth in Savings Act (12 U.S.C. 4310) is repealed. 
110 STAT. 3009-471 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(b) ON-PREMISES DISPLAYS.—Section 263(c) of the Truth in 
Savings Act (12 U.S.C. 4302(c)) is amended— 
(1) by striking paragraph (2); 
(2) by striking "(1) IN GENERAL.—"; and 
(3) by redesignating subparagraphs (A) and (B) as para-
graphs (1) and (2), respectively, and indenting appropriately. 
(c) DEPOSITORY INSTITUTION DEFINITION.—Section 274(6) of the 
Truth in Savings Act (12 U.S.C. 4313(6)) is amended by inserting 
before the period ", but does not include any nonautomated credit 
union that was not required to comply with the requirements of 
this title as of the date of enactment of the Economic Growth 
and Regulatory Paperwork Reduction Act of 1996, pursuant to 
the determination of the National Credit Union Administration 
Board". 
(d) TIME DEPOSITS.—Section 266(a)(3) of the Truth in Savings 
Act (12 U.S.C. 4305(a)(3)) is amended by inserting "has a maturity 
of more than 30 days" after "deposit which". 
15 use 1667 
SEC. 2605. CONSUMER LEASING ACT AMENDMENTS. 
(a) CONGRESSIONAL 
FINDINGS AND DECLARATION OF PUR-
POSES.— 
(1) FINDINGS.—The Congress finds that— 
(A) competition among the various financial institu-
tions and other firms engaged in the business of consumer 
leasing is greatest* when there is informed use of leasing; 
(B) the informed use of leasing results from an aware-
ness of the cost of leasing by consumers; and 
(C) there has been a continued trend toward leasing 
automobiles and other durable goods for consumer use 
as an alternative to installment credit sales and that leas-
ing product advances have occurred such that lessors have 
been unable to provide consistent industry-wide disclosures 
to fully account for the competitive progress that has 
occurred. 
(2) PURPOSES.—^The purposes of this section are— 
(A) to assure a simple, meaningful disclosure of leasing 
terms so that the consumer will be able to compare more 
readily the various leasing terms available to the consumer 
and avoid the uninformed use of leasing, and to protect 
the consumer against inaccurate and unfair leasing prac-
tices; 
(B) to provide for adequate cost disclosures that reflect 
the marketplace without impairing competition and the 
development of new leasing products; and 
(C) to provide the Board with the regulatory authority 
to assure a simplified, meaningful definition and disclosure 
of the terms of certain leases of personal property for 
personal, family, or household purposes so as to— 
(i) enable the lessee to compare more readily the 
various lease terms available to the lessee; 
(ii) enable comparison of lease terms with credit 
terms, as appropriate; and 
(iii) assure meaningful and accurate disclosures 
of lease terms in advertisements. 
(b) REGULATIONS.— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-472 
(1) IN GENERAL.—Chapter 5 of the Truth in Lending Act 
(15 U.S.C. 1667 et seq.) is amended by adding at the end 
the following new section: 
"SEC. 187. REGULATIONS. 
15 USC 1667f. 
"(a) REGULATIONS AUTHORIZED.— 
"(1) IN GENERAL.—^The Board shall prescribe regulations 
to update and clarify the requirements and 
definitions 
applicable to lease disclosures and contracts, and any other 
issues specifically related to consumer leasing, to the extent 
that the Board determines such action to be necessary— 
"(A) to carry out this chapter; 
"(B) to prevent any circumvention of this chapter; or 
"(C) to facilitate compliance with the requirements of 
the chapter. 
"(2) CLASSIFICATIONS, ADJUSTMENTS.—^Any regulations pre-
scribed under paragraph (1) may contain classifications and 
differentiations, and may provide for adjustments and excep-
tions for any class of transactions, as the Board considers 
appropriate. 
"(b) MODEL DISCLOSURE.— 
"(1) PUBLICATION.—The Board shall establish and publish 
model disclosure forms to facilitate compliance with the disclo-
sure requirements of this chapter and to aid the consumer 
in understanding the transaction to which the subject disclosure 
form relates. 
"(2) USE OF AUTOMATED EQUIPMENT.—In establishing model 
forms under this subsection, the Board shall consider the use 
by lessors of data processing or similar automated equipment. 
"(3) USE OPTIONAL.—^A lessor may utilize a model disclosure 
form established by the Board under this subsection for pur-
poses of compliance with this chapter, at the discretion of 
the lessor. 
"(4) EFFECT OF USE.—^Any lessor who properly uses the 
material aspects of any model disclosure form established by 
the Board under this subsection shall be deemed to be in 
compliance with the disclosure requirements to which the form 
relates.". 
(2) EFFECTIVE DATE.— 
15 use i667f 
(A) IN GENERAL.—Any regulation of the Board, or any °ote. 
amendment or interpretation of any regulation of the Board 
issued pursuant to section 187 of the Truth in Lending 
Act (as added by paragraph (1) of this subsection), shall 
become effective on the first October 1 that follows the 
date of promulgation of that regulation, amendment, or 
interpretation by not less than 6 months. 
(B) LONGER PERIOD.—^The Board may, at the discretion 
of the Board, extend the time period referred to in subpara-
graph (A) in accordance with subparagraph (C), to permit 
lessors to adjust their disclosure forms to accommodate 
the requirements of section 127 of the Truth in Lending 
Act (as added by paragraph (1) of this subsection). 
(C) SHORTER PERIOD.—The Board may shorten the time 
period referred to in subparagraph (A), if the Board makes 
a specific finding that such action is necessary to comply 
with the findings of a court or to prevent an unfair or 
deceptive practice. 
110 STAT. 3009-473 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(D) COMPLIANCE BEFORE EFFECTIVE DATE.—^Any lessor 
may comply with any means of disclosure provided for 
in section 127 of the Truth in Lending Act (as added 
by paragraph (1) of this subsection) before the effective 
date of such requirement. 
(E) DEFINITIONS.—For purposes of this subsection, the 
term "lessor" has the same meaning as in section 181 
of the Truth in Lending Act. 
(3) CLERICAL AMENDMENT.—The table of sections for chap-
ter 5 of title I of the Truth in Lending Act (15 U.S.C. 1601 
et seq.) is amended by inserting after the item relating to 
section 186 the following new item: 
"187. Regulations.". 
(c) CONSUMER LEASE ADVERTISING.—Section 184 of the Truth 
in Lending Act (15 U.S.C. 1667c) is amended— 
(1) by striking subsections (a) and (c); 
(2) by redesignating subsection (b) as subsection (c); and 
(3) by inserting before subsection (c), as so redesignated, 
the following: 
"(a) IN GENERAL.—If an advertisement for a consumer lease 
includes a statement of the amount of any payment or a statement 
that any or no initial payment is required, the advertisement shall 
clearly and conspicuously state, as applicable— 
"(1) the transaction advertised is a lease; 
"(2) the total amount of any initial payments required 
on or before consummation of the lease or delivery of the 
property, whichever is later; 
"(3) that a security deposit is required; 
"(4) the number, amount, and timing of scheduled pay-
ments; and 
"(5) with respect to a lease in which the liability of the 
consumer at the end of the lease term is based on the antici-
pated residual value of the property, that an extra charge 
may be imposed at the end of the lease term. 
"(b) ADVERTISING MEDIUM NOT LIABLE.—No owner or employee 
of any entity that serves as a medium in which an advertisement 
appears or through which an advertisement is disseminated, shall 
be liable under this section.". 
12 use 1752a 
SEC. 2606. STUDY OF CORPORATE CREDIT UNIONS. 
(a) DEFINITIONS.—For purposes of this section, the following 
definitions shall apply: 
(1) ADMINISTRATION.—^The term "Administration" means 
the National Credit Union Administration. 
(2) BOARD.—^The term "Board" means the National Credit 
Union Administration Board. 
(3) CORPORATE CREDIT UNION.—The term "corporate credit 
union" has the meaning given such term by rule or regulation 
of the Board. 
(4) FUND.—^The term "Fund" means the National Credit 
Union Share Insurance Fund established under section 203 
of the Federal Credit Union Act. 
(5) SECRETARY.—The term "Secretary" means the Secretary 
of the Treasury. 
(b) STUDY.— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-474 
(1) IN GENERAL.—The Secretary, in consultation with the 
Board, the Corporation, the Comptroller of the Currency, and 
the Administration, shall conduct a study and evaluation of— 
(A) the oversight and supervisory practices of the 
Administration concerning the Fund, including the treat-
ment of amounts deposited in the Fund pursuant to section 
202(c) of the Federal Credit Union Act, including analysis 
of— 
(i) whether those amounts should be— 
(I) refundable; or 
(II) treated as expenses; and 
(ii) the use of those amounts in determining equity 
capital ratios; 
(B) the potential for, and potential effects of, adminis-
tration of the Fund by an entity other than the Administra-
tion; 
(C) the 10 largest corporate credit unions in the United 
States, conducted in cooperation with appropriate employ-
ees of other Federal agencies with expertise in the examina-
tion of federally insured financial institutions, including— 
(i) the investment practices of those credit unions; 
and 
(ii) the financial stability, financial operations, and 
financial controls of those credit unions; 
(D) the regulations of the Administration; and 
(E) the supervision of corporate credit unions by the 
Administration. 
(c) REPORT.—^Not later than 12 months after the date of enact-
ment of this Act, the Secretary shall submit to the appropriate 
committees of the Congress, a report that includes the results 
of the study and evaluation conducted under subsection (b), together 
with any recommendations that the Secretary considers to be appro-
priate. 
SEC. 2607. REPORT ON THE RECONCILIATION OF DIFFERENCES 
BETWEEN REGULATORY ACCOUNTING PRINCIPLES AND 
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. 
Not later than 180 days after the date of enactment of this 
Act, each appropriate Federal banking agency shall submit to the 
Committee on Banking and Financial Services of the House of 
Representatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate, a report describing both the actions 
that have been taken by the agency and the actions that will 
be taken by the agency to eliminate or conform inconsistent or 
duplicative accounting and reporting requirements applicable to 
reports or statements filed with any such agency by insured deposi-
tory institutions, as required by section 121 of the Federal Deposit 
Insurance Corporation Improvement Act of 1991. 
SEC. 2608. STATE-BY-STATE AND METROPOLITAN AREA-BY-METRO-
POUTAN AREA STUDY OF BANK FEES. 
Section 1002(b)(2)(A) of the Financial Institutions Reform, 
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note) is 
amended to read as follows: 
"(A) a description of any discernible trend, in the 
Nation as a whole, in each of the 50 States, and in each 
consolidated metropolitan statistical area or primary metro-
politan statistical area (as defined by the Director of the 
110 STAT. 3009-475 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Office of Management and Budget), in the cost and avail-
ability of retail banking services (including fees imposed 
for providing such services), that delineates differences 
between insured depository institutions on the basis of 
both the size of the institution and any engagement of 
the institution in multistate activity; and". 
SEC. 2609. PROSPECTIVE APPLICATION OF GOLD CLAUSES IN CON-
TRACTS. 
Section 5118(d)(2) of title 31, United States Code, is amended 
by adding at the end the following: 'This paragraph shall apply 
to any obligation issued on or before October 27, 1977, notwithstand-
ing any assignment or novation of such obligation after October 
27, 1977, unless all parties to the assignment or novation specifi-
cally agree to include a gold clause in the new agreement. Nothing 
in the preceding sentence shall be construed to affect the enforce-
ability of a Gold Clause contained in any obligation issued after 
October 27, 1977 if the enforceability of that Gold Clause has 
been finally adjudicated before the date of enactment of the Eco-
nomic Growth and Regulatory Paperwork Reduction Act of 1996.". 
SEC. 2610. QUALIFIED FAMILY PARTNERSHIPS. 
Section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 
1841) is amended— 
(1) in subsection (b), by inserting ", and shall not include 
a qualified family partnership" after '*by any State"; and 
(2) in subsection (o), by adding at the end the following: 
"(10) QUALIFIED FAMILY PARTNERSHIP.—The term 'qualified 
family partnership' means a general or limited partnership 
that the Board determines— 
"(A) does not directly control any bank, except through 
a registered bank holding company; 
"(B) does not control more than 1 registered bank 
holding company; 
"(C) does not engage in any business activity, except 
indirectly through ownership of other business entities; 
"(D) has no investments other than those permitted 
for a bank holding company pursuant to section 4(c); 
"(E) is not obligated on any debt, either directly or 
as a guarantor; 
"(F) has partners, all of whom are either— 
"(i) individuals related to each other by blood, mar-
riage (including former marriage), or adoption; or 
"(ii) trusts for the primary benefit of individuals 
related as described in clause (i); and 
"(G) has filed with the Board a statement that 
includes— 
"(i) the basis for the eligibility of the partnership 
under subparagraph (F); 
"(ii) a list of the existing activities and investments 
of the partnership; 
"(iii) a commitment to comply with this paragraph; 
"(iv) a commitment to comply with section 7 of 
the Federal Deposit Insurance Act with respect to any 
acquisition of control of an insured depository institu-
tion occurring after date of enactment of this para-
graph; and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-476 
"(v) a commitment to be subject, to the same extent 
as if the qualified family partnership were a bank 
holding company— 
"(I) to examination by the Board to assure 
compliance with this paragraph; and 
"(II) to section 8 of the Federal Deposit Insur-
ance Act.". 
SEC. 2611. COOPERATIVE EFFORTS BETWEEN DEPOSITORY INSTITU-
TIONS AND FARMERS AND RANCHERS IN DROUGHT-
STRICKEN AREAS. 
(a) FINDINGS.—The Congress hereby finds the following: 
(1) Severe drought is being experienced in the Plains and 
the Southwest portions of our country. 
(2) Soil erosion is becoming a critical issue as the dry 
season approaches and summer winds may rob these fields 
of nutrient-rich topsoil. 
(3) Without immediate assistance, ranchers and farmers 
would be forced to cull their herds bringing tremendous vola-
tility in the beef market. 
(4) The American people will feel the impact of this drought 
in their pocketbooks through higher prices for grain products. 
(5) The communities in drought-stricken areas are suffering 
and borrowers may have difficulty meeting their obligations 
to financial institutions. 
(6) Congress has already passed the Depository Institutions 
Disaster Relief Act of 1992 which allows financial institutions 
to make emergency exceptions to the appraisal requirement 
in times of national disasters. 
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress 
that financial institutions and Federal bank regulators should work 
cooperatively with farmers and ranchers in communities affected 
by drought conditions to allow financial obligations to be met with-
out imposing undue burdens. 
SEC. 2612. STREAMLINING PROCESS FOR DETERMINING NEW NON-
BANKING ACTIVITIES. 
Section 4(c)(8) of the Bank Holding Company Act of 1956 (12 
U.S.C. 1843(c)(8)) is amended by striking "and opportunity for hear-
ing" and inserting the following: "(and opportunity for hearing 
in the case of an acquisition of a savings association)". 
SEC. 2613. AUTHORIZING BANK SERVICE COMPANIES TO ORGANIZE 
AS LIMITED LIABILITY COMPANIES. 
(a) AMENDMENT TO SHORT TITLE.—Section 1 of the Bank Service 
Corporation Act (12 U.S.C. 1861(a)) is amended by striking sub-
section (a) and inserting the following new subsection: 
"(a) SHORT TITLE.—This Act may be cited as the 'Bank Service 
Company Act'."; 
(b) AMENDMENTS TO DEFINITIONS.—Section Kb) of the Bank 
Service Corporation Act (12 U.S.C. 1861(b)) is amended— 
(1) by striking paragraph (2) and inserting the following 
new paragraph: 
"(2) the term 'bank service company' means— 
"(A) any corporation— 
"(i) which is organized to perform services author-
ized by this Act; and 
110 STAT. 3009-477 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(ii) all of the capital stock of which is owned 
by 1 or more insured banks; and 
"(B) any limited liability company— 
"(i) which is organized to perform services author-
ized by this Act; and 
"(ii) all of the members of which are 1 or more 
insured banks."; 
(2) in paragraph (6)— 
(A) by striking "corporation" and inserting "company"; 
and 
(B) by striking "and" after the semicolon; 
(3) by redesignating paragraph (7) as paragraph (8) and 
inserting after paragraph (6) the following new paragraph: 
"(7) the term 'limited liability company' means any com-
pany, partnership, trust, or similar business entity organized 
under the law of a State (as defined in section 3 of the Federal 
Deposit Insurance Act) which provides that a member or man-
ager of such company is not personally liable for a debt, obliga-
tion, or liability of the company solely by reason of being, 
or acting as, a member or manager of such company; and"; 
and 
(4) in paragraph (8) (as so redesignated)— 
(A) by striking "corporation" each place such term 
appears and inserting "company"; and 
(B) by striking "capital stock" and inserting "equity". 
(c) AMENDMENTS TO SECTION 2.—Section 2 of the Bank Service 
Corporation Act (12 U.S.C. 1862) is amended— 
(1) by striking "corporation" and inserting "company"; 
(2) by striking "corporations" and inserting "companies"; 
and 
(3) in the heading for such section, by striking "CORPORA-
TION" and inserting "COMPANY". 
(d) AMENDMENTS TO SECTION 3.—Section 3 of the Bank Service 
Corporation Act (12 U.S.C. 1863) is amended— 
(1) by striking "corporation" each place such term appears 
and inserting "company"; and 
(2) in the heading for such section, by striking "CORPORA-
TION" and inserting "COMPANY". 
(e) AMENDMENTS TO SECTION 4.—Section 4 of the Bank Service 
Corporation Act (12 U.S.C. 1864) is amended— 
(1) by striking "corporation" each place such term appears 
and inserting "company"; 
(2) in subsection (b), by inserting "or members" after "share-
holders" each place such term appears; 
(3) in subsections (c) and (d), by inserting "or member" 
after "shareholder" each place such term appears; 
(4) in subsection {e}— 
(A) by inserting "or members" after "national bank 
and State bank shareholders"; 
(B) by striking "its national bank shareholder or share-
holders" and inserting "any shareholder or member of the 
company which is a national bank"; 
(C) by striking "its State bank shareholder or share-
holders" and inserting "any shareholder or member of the 
company which is a State bank"; 
(D) by striking "such State bank or banks" and insert-
ing "any such State bank"; and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-478 
(E) by inserting "or members" after "State bank and 
national bank shareholders"; and 
(5) in the heading for such section, by striking "CORPORA-
TION" and inserting "COMPANY". 
(f) AMENDMENTS TO SECTION 5.—Section 5 of the Bank Service 
Corporation Act (12 U.S.C. 1865) is amended— 
(1) by striking "corporation" each place such term appears 
and inserting "company"; and 
(2) in the heading for such section, by striking "CORPORA-
TIONS" and inserting "COMPANIES". 
(g) AMENDMENTS TO SECTION 6.—Section 6 of the Bank Service 
Corporation Act (12 U.S.C. 1866) is amended— 
(1) by striking "corporation" each place such term appears 
and inserting "company"; 
(2) by inserting "or is not a member of after "does not 
own stock in"; 
(3) by striking "the nonstockholding institution" and insert-
ing "such depository institution"; 
(4) by inserting "or is a member of after "that owns stock 
m ; 
(5) in paragraphs (1) and (2), by inserting "or nonmember" 
after "nonstockholding"; and 
(6) in the heading for such section by inserting "OR NON-
MEMBERS" after "NONSTOCKHOLDERS". 
(h) AMENDMENTS TO SECTION 7.—Section 7 of the Bank Service 
Corporation Act (12 U.S.C. 1867) is amended— 
(1) by striking "corporation" each place such term appears 
and inserting "company"; 
(2) in subsection (a)-— 
(A) by inserting "or principal member" after "principal 
shareholder"; and 
(B) by inserting "or member" after "other shareholder"; 
and 
(3) in the heading for such section, by striking "CORPORA-
TIONS" and inserting "COMPANIES". 
SEC. 2614. RETIREMENT CERTIFICATES OF DEPOSITS. 
(a) IN GENERAL.—Section 3(1)(5) of the Federal Deposit Insur-
ance Act (12 U.S.C. 1813(1)(5) is amended— 
(1) in subparagraph (A), by striking "and" at the end; 
(2) in subparagraph (B), by striking the period at the 
end and inserting "; and"; and 
(3) by adding at the end the following new subparagraph: 
"(C) any liability of an insured depository institution 
that arises under an annuity contract, the income of which 
is tax deferred under section 72 of the Internal Revenue 
Code of 1986.". 
(b) EFFECTIVE DATE.—The amendments made by subsection 
12 use 1813 
(a) shall apply to any liability of an insured depository that arises °ote. 
under an annuity contract issued on or after the date of enactment 
of this Act. 
SEC. 
2615. PROHIBITIONS ON CERTAIN DEPOSITORY INSTITUTION 
ASSOCIATIONS WITH GOVERNMENT-SPONSORED ENTER. 
PRISES. 
(a) CREDIT UNIONS.—Section 201 of the Federal Credit Union 
Act (12 U.S.C. 1781) is amended by adding at the end the following 
new subsection: 
29-194 O - 96 - 21 : QL 3 Part 4 
110 STAT. 3009-479 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(e) PROHIBITION ON CERTAIN ASSOCIATIONS.— 
"(1) IN GENERAL.—No insured credit union may be spon-
sored by or accept financial support, directly or indirectly, from 
any Grovernment-sponsored enterprise, if the credit union 
includes the customers of the Government-sponsored enterprise 
in the field of membership of the credit union. 
"(2) ROUTINE BUSINESS FINANCING.—Paragraph (1) shall 
not apply with respect to advances or other forms of financial 
assistance generally provided by a 
Government-sponsored 
enterprise in the ordinary course of business of the enterprise. 
"(3) 
GOVERNMENT-SPONSORED ENTERPRISE DEFINED.—For 
purposes of this subsection, the term 'Government-sponsored 
enterprise' has the meaning given to such term in section 
1404(e)(1)(A) of the Financial Institutions Reform, Recovery, 
and Enforcement Act of 1989. 
"(4) EMPLOYEE CREDIT UNION.—NO provision of this sub-
section shall be construed as prohibiting any employee of a 
Government-sponsored enterprise from becoming a member of 
a credit union whose field of membership is the employees 
of such enterprise.". 
(b) BANKS AND SAVINGS ASSOCIATIONS.—Section 18 of the Fed-
eral Deposit Insurance Act (12 U.S.C. 1828) is amended by adding 
at the end the following new subsection: 
"(s) PROHIBITION ON CERTAIN AFFILIATIONS.— 
"(1) IN GENERAL.—No depository institution may be an 
affiliate of, be sponsored by, or accept financial support, directly 
or indirectly, from any Government-sponsored enterprise. 
"(2) EXCEPTION FOR MEMBERS OF A FEDERAL HOME LOAN 
BANK.—Paragraph (1) shall not apply with respect to the mem-
bership of a depository institution in a Federal home loan 
bank. 
"(3) ROUTINE BUSINESS FINANCING.—Paragraph (1) shall 
not apply with respect to advances or other forms of financial 
assistance provided by a Government-sponsored enterprise 
pursuant to the statutes governing such enterprise. 
"(4) 
GOVERNMENT-SPONSORED ENTERPRISE DEFINED.—For 
purposes of this subsection, the term 'Government-sponsored 
enterprise' has the meaning given to such term in section 
1404(e)(1)(A) of the Financial Institutions Reform, Recovery, 
and Enforcement Act of 1989.". 
12 use 1781 
(c) EFFECTIVE DATE.—^The amendments made by this section 
note. 
shall apply on and after January 1, 1996. 
Deposit 
Subtitle G—Deposit Insurance Funds 
Insurance Funds 
Act of 1996. 
12 use 1811 
SEC. 2701. SHORT TITLE. 
This subtitle may be cited as the "Deposit Insurance Funds 
Act of 1996". 
note. 
12 use 1817 
SEC. 2702. SPECIAL ASSESSMENT TO CAPITAUZE SAIF. 
(a) IN GENERAL.—Except as provided in subsection (f), the 
Board of Directors of the Federal Deposit Insurance Corporation 
shall impose a special assessment on the SAIF-assessable deposits 
of each insured depository institution in accordance with assessment 
regulations of the Corporation at a rate applicable to all such 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-480 
institutions that the Board of Directors, in its sole discretion, deter-
mines (after taking into account the adjustments described in sub-
sections (g), (h), and 0)) will cause the Savings Association Insur-
ance Fund to achieve the designated reserve ratio on the first 
business day of the 1st month beginning after the date of the 
enactment of this Act. 
(b) FACTORS TO BE CONSIDERED.—In carrying out subsection 
(a), the Board of Directors shall base its determination on— 
(1) the monthly Savings Association Insurance Fund bal-
ance most recently calculated; 
(2) data on insured deposits reported in the most recent 
reports of condition filed not later than 70 days before the 
date of enactment of this Act by insured depository institutions; 
and 
(3) any other factors that the Board of Directors deems 
appropriate. 
(c) DATE OF DETERMINATION.—For purposes of subsection (a), 
the amount of the SAIF-assessable deposits of an insured depository 
institution shall be determined as of March 31, 1995. 
(d) DATE PAYMENT DUE.—^Except as provided in subsection 
(g), the special assessment imposed under this section shall be— 
(1) due on the first business day of the 1st month beginning 
after the date of the enactment of this Act; and 
(2) paid to the Corporation on the later of— 
(A) the first business day of the 1st month beginning 
after such date of enactment; or 
(B) such other date as the Corporation shall prescribe, 
but not later than 60 days after the date of enactment 
of this Act. 
(e) ASSESSMENT DEPOSITED IN SAIF.—^Notwithstanding any 
other provision of law, the proceeds of the special assessment 
imposed under this section shall be deposited in the Savings 
Association Insurance Fund. 
(f) EXEMPTIONS FOR CERTAIN INSTITUTIONS.— 
(1) EXEMPTION FOR WEAK INSTITUTIONS.—The Board of 
Directors may, by order, in its sole discretion, exempt any 
insured depository institution that the Board of Directors deter-
mines to be weak, fi-om paying the special assessment imposed 
under this section if the Board of Directors determines that 
the exemption would reduce risk to the Savings Association 
Insurance Fund. 
(2) GUIDELINES REQUIRED.—Not later than 30 days after 
the date of enactment of this Act, the Board of Directors shall 
prescribe guidelines setting forth the criteria that the Board 
• of Directors will use in exempting institutions under paragraph 
(1). Such guidelines shall be published in the Federal Register. 
(3) EXEMPTION FOR CERTAIN NEWLY CHARTERED AND OTHER 
DEFINED INSTITUTIONS.— 
(A) IN GENERAL.—In addition to the institutions 
exempted from paying the special assessment under para-
graph (1), the Board of Directors shall exempt any insured 
depository institution from payment of the special assess-
ment if the institution— 
(i) was in existence on October 1, 1995, and held 
no SAIF-assessable deposits before January 1, 1993; 
(ii) is a Federal savings bank which— 
110 STAT. 3009-481 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(I) was established de novo in April 1994 in 
order to acquire the deposits of a savings associa-
tion which was in default or in danger of default; 
and 
(II) received minority interim capital assist-
ance from the Resolution Trust Corporation under 
section 21A(w) of the Federal Home Loan Bank 
Act in connection with the acquisition of any such 
savings association; or 
(iii) is a savings association, the deposits of which 
are insured by the Savings Association Insurance 
Fund, which— 
(I) before January 1, 1987, was chartered as 
a Federal savings bank insured by the Federal 
Savings and Loan Insurance Corporation for the 
purpose of acquiring all or substantially all of the 
assets and assuming all or substantially all of 
the deposit liabilities of a national bank in a trans-
action consummated after July 1, 1986; and 
(II) as of the date of that transaction, had 
assets of less than $ 150,000,000. 
(B) DEFINITION.—For purposes of this paragraph, an 
institution shall be deemed to have held SAIF-assessable 
deposits before January 1, 1993, if— 
(i) it directly held SAIF-assessable deposits before 
that date; or 
(ii) it succeeded to, acquired, purchased, or other-
wise holds any SAIF-assessable deposits as of the date 
of enactment of this Act that were SAIF-assessable 
deposits before January 1, 1993. 
(4) EXEMPT INSTITUTIONS REQUIRED TO PAY ASSESSMENTS 
AT FORMER RATES.— 
(A) PAYMENTS TO SAIF AND DIF.—^Any insured deposi-
tory institution that the Board of Directors exempts under 
this subsection from paying the special assessment imposed 
under this section shall pay semiannual assessments— 
(i) during calendar years 1996, 1997, and 1998, 
into the Savings Association Insurance Fund, based 
on SAIF-assessable deposits of that institution, at 
assessment rates calculated under the schedule in 
effect for Savings Association Insurance Fund members 
on June 30, 1995; and 
(ii) during calendar year 1999— 
(I) into the Deposit Insurance Fund, based 
on SAIF-assessable deposits of that institution as 
of December 31, 1998, at assessment rates cal-
culated under the schedule in effect for Savings 
Association Insurance Fund members on June 30, 
1995;or 
(II) in accordance with clause (i), if the Bank 
Insurance Fund and the Savings Association Insur-
ance Fund are not merged into the Deposit Insur-
ance Fund. 
(B) OPTIONAL PRO RATA PAYMENT OF SPECIAL ASSESS-
MENT.—This paragraph shall not apply with respect to 
any insured depository institution (or successor insured 
depository institution) that has paid, during any calendar 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-482 
year from 1997 through 1999, upon such terms as the 
Corporation may announce, an amount equal to the product 
of— 
(i) 16.7 percent of the special assessment that the 
institution would have been required to pay under 
subsection (a), if the Board of Directors had not 
exempted the institution; and 
(ii) the number of full semiannual periods remain-
ing between the date of the payment and December 
31, 1999. 
(g) SPECIAL ELECTION FOR CERTAIN INSTITUTIONS FACING HARD-
SHIP AS A RESULT OF THE SPECIAL ASSESSMENT.— 
(1) ELECTION AUTHORIZED.—If— 
(A) an insured depository institution, or any depository 
institution holding company which, directly or indirectly, 
controls such institution, is subject to terms or covenants 
in any debt obligation or preferred stock outstanding on 
September 13, 1995; and 
(B) the payment of the special assessment under sub-
section (a) would pose a significant risk of causing such 
depository institution or holding company to default or 
violate any such term or covenant, 
the depository institution may elect, with the approval of the 
Corporation, to pay such special assessment in accordance with 
paragraphs (2) and (3) in lieu of pa3dng such assessment in 
the manner required under subsection (a). 
(2) 1ST ASSESSMENT.—^An insured depository institution 
which makes an election under paragraph (1) shall pay an 
assessment in an amount equal to 50 percent of the amount 
of the special assessment that would otherwise apply under 
subsection (a), by the date on which such special assessment 
is payable under subsection (d). 
(3) 2D ASSESSMENT.—^An insured depository institution 
which makes an election under paragraph (1) shall pay a 2d 
assessment, by the date established by the Board of Directors 
in accordance with paragraph (4), in an amount equal to the 
product of 51 percent of the rate determined by the Board 
of Directors under subsection (a) for determining the amount 
of the special assessment and the SAIF-assessable deposits 
of the institution on March 31, 1996, or such other date in 
calendar year 1996 as the Board of Directors determines to 
be appropriate. 
(4) DUE DATE OF 2D ASSESSMENT.—^The date established 
by the Board of Directors for the payment of the assessment 
under paragraph (3) by a depository institution shall be the 
earliest practicable date which the Board of Directors deter-
mines to be appropriate, which is at least 15 days after the 
date used by the Board of Directors under paragraph (3). 
(5) 
SUPPLEMENTAL 
SPECIAL 
ASSESSMENT.—An 
insured 
depository institution which makes an election under paragraph 
(1) shall pay a supplemental special assessment, at the same 
time the payment under paragraph (3) is made, in an amount 
equal to the product of— 
(A) 50 percent of the rate determined by the Board 
of Directors under subsection (a) for determining the 
amount of the special assessment; and 
110 STAT. 3009-483 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(B) 95 percent of the amount by which the SAIF-
assessable deposits used by the Board of Directors for 
determining the amount of the 1st assessment under para-
graph (2) exceeds, if any, the SAIF-assessable deposits 
used by the Board for determining the amount of the 
2d assessment under paragraph (3). 
(h) ADJUSTMENT OF SPECIAL ASSESSMENT FOR CERTAIN BANK 
INSURANCE FUND MEMBER BANKS.— 
(1) IN GENERAL.—For purposes of computing the special 
assessment imposed under this section with respect to a Bank 
Insurance Fund member bank, the amount of any deposits 
of any insured depository institution which section 5(d)(3) of 
the Federal Deposit Insurance Act treats as insured by the 
Savings Association Insurance Fund shall be reduced by 20 
percent— 
(A) if the adjusted attributable deposit amount of the 
Bank Insurance Fund member bank is less than 50 percent 
of the total domestic deposits of that member bank as 
of June 30, 1995; or 
(B) if, as of June 30, 1995, the Bank Insurance Fund 
member— 
(i) had an adjusted attributable deposit amount 
equal to less than 75 percent of the total assessable 
deposits of that member bank; 
(ii) had total assessable deposits greater than 
$5,000,000,000; and 
(iii) was owned or controlled by a bank holding 
company that owned or controlled insured depository 
institutions having an aggregate amount of deposits 
insured or treated as insured by the Bank Insurance 
Fund greater than the aggregate amount of deposits 
insured or treated as insured by the Savings Associa-
tion Insurance Fund. 
(2) ADJUSTED ATTRIBUTABLE DEPOSIT AMOUNT.—For pur-
poses of this subsection, the "adjusted attributable deposit 
amount" shall be determined in accordance with section 
5(d)(3)(C) of the Federal Deposit Insurance Act. 
(i) 
ADJUSTMENT TO THE ADJUSTED ATTRIBUTABLE DEPOSIT 
I 
AMOUNT FOR CERTAIN BANK INSURANCE FUND MEMBER BANKS.— 
Section 5(d)(3) of the Federal Deposit Insurance Act (12 U.S.C. 
1815(d)(3)) is amended— 
(1) in subparagraph (C), by striking "The adjusted attrib-
utable deposit amount" and inserting "Except as provided in 
subparagraph (K), the adjusted attributable deposit amount"; 
and 
(2) by adding at the end the following new subparagraph: 
"(K) ADJUSTMENT OF ADJUSTED ATTRIBUTABLE DEPOSIT 
AMOUNT.—^The amount determined under subparagraph 
(C)(i) for deposits acquired by March 31, 1995, shall be 
reduced by 20 percent for purposes of computing the 
adjusted attributable deposit amount for the payment of 
any assessment for any semiannual period that begins 
after the date of the enactment of the Deposit Insurance 
Funds Act of 1996 (other than the special assessment 
imposed under section 2702(a) of such Act), for a Bank 
Insurance Fund member bank that, as of June 30, 1995— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-484 
"(i) had an adjusted attributable deposit amount 
that was less than 50 percent of the total deposits 
of that member bank; or 
"(ii)(I) had an adjusted attributable deposit amount 
equal to less than 75 percent of the total assessable 
deposits of that member bank; 
"(II) had total assessable deposits greater than 
$5,000,000,000; and 
"(III) was owned or controlled by a bank holding 
company that owned or controlled insured depository 
institutions having an aggregate amount of deposits 
insured or treated as insured by the Bank Insurance 
Fund greater than the aggregate amount of deposits 
insured or treated as insured by the Savings Associa-
tion Insurance Fund.". 
0') ADJUSTMENT OF SPECIAL ASSESSMENT FOR CERTAIN SAVINGS 
ASSOCIATIONS.— 
(1) 
SPECIAL ASSESSMENT REDUCTION.—For purposes 
of 
computing the special assessment imposed under this section, 
in the case of any converted association, the amount of any 
deposits of such association which were insured by the Savings 
Association Insurance Fund as of March 31, 1995, shall be 
reduced by 20 percent. 
(2) CONVERTED ASSOCIATION.—For purposes of this sub-
section, the term "converted association" means— 
(A) any Federal savings association— 
(i) that is a member of the Savings Association 
Insurance Fund and that has deposits subject to assess-
ment by that fund which did not exceed $4,000,000,000, 
as of March 31, 1995; and 
(ii) that had been, or is a successor by merger, 
acquisition, or otherwise to an institution that had 
been, a State savings bank, the deposits of which were 
insured by the Federal Deposit Insurance Corporation 
before August 9, 1989, that converted to a Federal 
savings association pursuant to section 5(i) of the Home 
Owners' Loan Act before January 1, 1985; 
(B) a State depository institution that is a member 
of the Savings Association Insurance Fund that had been 
a State savings bank before October 15, 1982, and was 
a Federal savings association on August 9, 1989; 
(C) an insured bank that— 
(i) was established de novo in order to acquire 
the deposits of a savings association in default or in 
danger of default; 
(ii) did not open for business before acquiring the 
deposits of such savings association; and 
(iii) was a Savings Association Insurance Fund 
member before the date of enactment of this Act; and 
(D) an insured bank that— 
(i) resulted from a savings association before 
December 
19, 1991, in accordance with 
section 
5(d)(2)(G) of the Federal Deposit Insurance Act; and 
(ii) had an increase in its capital in conjunction 
with the conversion in an amount equal to more than 
75 percent of the capital of the institution on the 
day before the date of the conversion. 
110 STAT. 3009-485 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SEC. 2703. FINANCING CORPORATION FUNDING. 
(a) IN GENERAL.—Section 21 of the Federal Home Loan Bank 
Act (12 U.S.C. 1441) is amended— 
(1) in subsection (D(2)— 
(A) in the matter immediately preceding subparagraph 
(A)— 
(i) by striking "To the extent the amounts available 
pursuant to paragraph (1) are insufficient to cover 
the amount of interest payments, issuance costs, and 
custodial fees," and inserting "In addition to the 
amounts obtained pursuant to paragraph (1),"; 
(ii) by striking "Savings Association Insurance 
Fund member" and inserting "insured 
depository 
institution"; and 
(iii) by striking "members" and inserting "institu-
tions"; and 
(B) by striking ", except that—" and all that follows 
through the end of the paragraph and inserting ", except 
that— 
"(A) the assessments imposed on insured depository 
institutions with respect to any BIF-assessable deposit 
shall be assessed at a rate equal to Vs of the rate of 
the assessments imposed on insured depository institutions 
with respect to any SAIF-assessable deposit; and 
"(B) no limitation under clause (i) or (iii) of section 
7(b)(2)(A) of the Federal Deposit Insurance Act shall apply 
for purposes of this paragraph."; and 
(2) in subsection (k)— 
(A) by striking "section—" and inserting "section, the 
following definitions shall apply:"; 
(B) by striking paragraph (1); 
(C) by redesignating paragraphs (2) and (3) as para-
graphs (1) and (2), respectively; and 
(D) by adding at the end the following new paragraphs: 
"(3) INSURED DEPOSITORY INSTITUTION.—The term 'insured 
depository institution' has the same meaning as in section 
3 of the Federal Deposit Insurance Act 
"(4) DEPOSIT TERMS.— 
"(A) BIF-ASSESSABLE DEPOSITS.—The term 'BIF-assess-
able deposit' means a deposit that is subject to assessment 
for purposes of the Bank Insurance Fund under the Federal 
Deposit Insurance Act (including a deposit that is treated 
as a deposit insured by the Bank Insurance Fund under 
section 5(d)(3) of the Federal Deposit Insurance Act). 
"(B) SAIF-ASSESSABLE DEPOSIT.—The term 
'SAIF-
assessable deposit' has the meaning given to such term 
in section 2710 of the Deposit Insurance Funds Act of 
1996.". 
(b) CONFORMING AMENDMENT.—Section 7(b)(2) of the Federal 
Deposit Insurance Act (12 U.S.C. 1817(b)(2)) is amended by striking 
subparagraph (D). 
12 use 1441 
(c) EFFECTIVE DATE.— 
note. 
(1) IN GENERAL.—Subsections (a) and (c) and the amend-
ments made by such subsections shall apply with respect to 
semiannual periods which begin after December 31, 1996. 
(2) 
TERMINATION 
OF CERTAIN 
ASSESSMENT 
RATES.— 
Subparagraph (A) of section 21(f)(2) of the Federal Home Loan 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-486 
Bank Act (as amended by subsection (a)) shall not apply after 
the earlier of— 
(A) December 31, 1999; or 
(B) the date as of which the last savings association 
ceases to exist. 
(d) PROHIBITION ON DEPOSIT SHIFTING.— 
12 use 1441 
(1) IN GENERAL.—Effective as of the date of the enactment note. 
of this Act and ending on the date provided in subsection 
(c)(2) of this section, the Comptroller of the Currency, the 
Board of Directors of the Federal Deposit Insurance Corpora-
tion, the Board of Governors of the Federal Reserve System, 
and the Director of the Office of Thrift Supervision shall take 
appropriate actions, including enforcement actions, denial of 
applications, or imposition of entrance and exit fees as if such 
transactions qualified as conversion transactions pursuant to 
section 5(d) of the Federal Deposit Insurance Act, to prevent 
insured depository institutions and depository institution hold-
ing companies from facilitating or encouraging the shifting 
of deposits from SAIF-assessable deposits to BIF-assessable 
deposits (as defined in section 21(k) of the Federal Home Loan 
Bank Act) for the purpose of evading the assessments imposed 
on insured depository institutions with respect to SAIF-assess-
able deposits under section 7(b) of the Federal Deposit Insur-
ance Act and section 21(f)(2) of the Federal Home Loan Bank 
Act. 
(2) REGULATIONS.—^The Board of Directors of the Federal 
Deposit Insurance Corporation may issue regulations, including 
regulations defining terms used in paragraph (1), to prevent 
the shifting of deposits described in such paragraph. 
(3) RULE OF CONSTRUCTION.—^No provision of this sub-
section shall be construed as prohibiting conduct or activity 
of any insured depository institution which— 
(A) is undertaken in the ordinary course of business 
of such depository institution; and 
• 
(B) is not directed towards the depositors of an insured 
depository institution affiliate (as defined in section 2(k) 
of the Bank Holding Company Act of 1956) of such deposi-
tory institution. 
SEC. 2704. MERGER OF BIF AND SAIF. 
(a) IN GENERAL.— 
12 use 1821 
(1) MERGER.—^The Bank Insurance Fund and the Savings note. 
Association Insurance Fund shall be merged into the Deposit 
Insurance Fund established by section 11(a)(4) of the Federal 
Deposit Insurance Act, as amended by this section. 
(2) DISPOSITION OF ASSETS AND LIABILITIES.—All assets and 
liabilities of the Bank Insurance Fund and the Savings Associa-
tion Insurance Fund shall be transferred to the Deposit Insur-
ance Fund. 
(3) No SEPARATE EXISTENCE.—^The separate existence of 
the Bank Insurance Fund and the Savings Association Insur-
ance Fund shall cease. 
(b) SPECIAL RESERVE OF THE DEPOSIT INSURANCE FUND.— 
12 use 1821 
(1) IN GENERAL.—Immediately before the merger of the °ote. 
Bank Insurance Fund and the Savings Association Insurance 
Fund, if the reserve ratio of the Savings Association Insurance 
Fund exceeds the designated reserve ratio, the amount by which 
110 STAT. 3009-487 
PUBLIC LAW 104-208—SEPT. 30, 1996 
that reserve ratio exceeds the designated reserve ratio shall 
be placed in the Special Reserve of the Deposit Insurance 
Fund, established under section 11(a)(5) of the Federal Deposit 
Insurance Act, as amended by this section. 
(2) DEFINITION.—For purposes of this subsection, the term 
"reserve ratio" means the ratio of the net worth of the Savings 
Association Insurance Fund to the aggregate estimated amount 
of deposits insured by the Savings Association Insurance Fund. 
12 use 1821 
(c) EFFECTIVE DATE.—^This section and the amendments made 
Jiote. 
by this section shall become effective on January 1, 1999, if no 
insured depository institution is a savings association on that date. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) DEPOSIT INSURANCE FUND.—Section 11(a)(4) of the Fed-
eral Deposit Insurance Act (12 U.S.C. 1821(a)(4)) is amended— 
(A) by redesignating subparagraph (B) as subpara-
graph (C); 
(B) by striking subparagraph (A) and inserting the 
following: 
"(A) ESTABLISHMENT.—^There is established the Deposit 
Insurance Fund, which the Corporation shall— 
"(i) maintain and administer; 
"(ii) use to carry out its insurance purposes in 
the manner provided by this subsection; and 
"(iii) invest in accordance with section 13(a). 
"(B) USES.—^The Deposit Insurance Fund shall be avail-
able to the Corporation for use with respect to Deposit 
Insurance Fund members."; and 
(C) by striking "(4) GENERAL PROVISIONS RELATING TO 
FUNDS.—" and inserting the following: 
"(4) ESTABLISHMENT OF THE DEPOSIT INSURANCE FUND.— 
n 
(2) OTHER REFERENCES.—Section 11(a)(4)(C) of the Federal 
Deposit Insurance Act (12 U.S.C. 1821(a)(4)(C), as redesignated 
by paragraph (1) of this subsection) is amended by striking 
"Bank Insurance Fund and the Savings Association Insurance 
Fund" and inserting "Deposit Insurance Fund". 
(3) DEPOSITS INTO FUND.—Section 11(a)(4) of the Federal 
Deposit Insurance Act (12 U.S.C. 1821(a)(4)) is amended by 
adding at the end the following new subparagraph: 
"(D) DEPOSITS.—^All amounts assessed against insured 
depository institutions by the Corporation shall be depos-
ited in the Deposit Insurance Fund.". 
(4) SPECIAL RESERVE OF DEPOSITS.—Section 11(a)(5) of the 
Federal Deposit Insurance Act (12 U.S.C. 1821(a)(5)) is amend-
ed to read as follows: 
"(5) SPECIAL RESERVE OF DEPOSIT INSURANCE FUND.— 
"(A) ESTABLISHMENT.— 
"(i) IN GENERAL.—^There is established a Special 
Reserve of the Deposit Insurance Fund, which shall 
be administered by the Corporation and shall be 
invested in accordance with section 13(a). 
"(ii) LIMITATION.—^The Corporation shall not pro-
vide any assessment credit, refund, or other payment 
from any amount in the Special Reserve. 
"(B) EMERGENCY USE OF SPECIAL RESERVE.—Notwith-
standing subparagraph (A)(ii), the Corporation may, in its 
sole discretion, transfer amounts from the Special Reserve 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-488 
to the Deposit Insurance Fund, for the purposes set forth 
in paragraph (4), only if— 
"(i) the reserve ratio of the Deposit Insurance Fund 
is less than 50 percent of the designated reserve ratio; 
and 
"(ii) the Corporation expects the reserve ratio of 
the Deposit Insurance Fund to remain at less than 
50 percent of the designated reserve ratio for each 
of the next 4 calendar quarters. 
"(C) EXCLUSION OF SPECIAL RESERVE IN CALCULATING 
RESERVE RATIO.—^Notwithstanding any other provision of 
law, any amounts in the Special Reserve shall be excluded 
in calculating the reserve ratio of the Deposit Insurance 
Fund under section 7.". 
(5) FEDERAL HOME LOAN BANK ACT.—Section 21B(f)(2)(C)(ii) 
of 
the 
Federal 
Home 
Loan 
Bank 
Act 
(12 
U.S.C. 
1441b(f)(2)(C)(ii)) is amended— 
(A) in subclause (I), by striking "to Savings Associa-
tions Insurance Fund members" and inserting "to insured 
depository institutions, and their successors, which were 
Savings Association Insurance Fund members on Septem-
ber 1, 1995"; and 
(B) in subclause (II), by striking "to Savings Associa-
tions Insurance Fund members" and inserting "to insured 
depository institutions, and their successors, which were 
Savings Association Insurance Fund members on Septem-
ber 1, 1995". 
(6) REPEALS.— 
(A) SECTION 3.—Section 3(y) of the Federal Deposit 
Insurance Act (12 U.S.C. 1813(y)) is amended to read as 
follows: 
"(y) DEFINITIONS RELATING TO THE DEPOSIT INSURANCE FUND.— 
"(1) DEPOSIT INSURANCE FUND.—The term 'Deposit Insur-
ance Fund' means the fund established under section 11(a)(4). 
"(2) RESERVE RATIO.—^The term 'reserve ratio' means the 
ratio of the net worth of the Deposit Insurance Fund to aggre-
gate estimated insured deposits held in all insured depository 
institutions. 
"(3) DESIGNATED RESERVE RATIO.—The designated reserve 
ratio of the Deposit Insurance Fund for each year shall be— 
"(A) 1.25 percent of estimated insured deposits; or 
"(B) a higher percentage of estimated insured deposits 
that the Board of Directors determines to be justified for 
that year by circumstances raising a significant risk of 
substantial fiiture losses to the fund." 
(B) SECTION ?.—Section 7 of the Federal Deposit Insur-
ance Act (12 U.S.C. 1817) is amended— 
(i) by striking subsection (l); 
(ii) by redesignating subsections (m) and (n) as 
subsections (/) and (m), respectively; 
(iii) in subsection (b)(2), by striking subparagraphs 
(B) and (F), and by redesignating subparagraphs (C), 
(E), (G), and (H) as subparagraphs (B) through (E), 
respectively. 
(C) SECTION ii.—Section 11(a) of the Federal Deposit 
Insurance Act (12 U.S.C. 1821(a)) is amended— 
(i) by striking paragraphs (6) and (7); and 
110 STAT. 3009-489 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(ii) by redesignating paragraph (8) as paragraph 
(6). 
(7) SECTION 5136 OF THE REVISED STATUTES.—^The para-
graph designated the "Eleventh" of section 5136 of the Revised 
Statutes of the United States (12 U.S.C. 24) is amended in 
the 5th sentence, by striking "affected deposit insurance fund" 
and inserting "Deposit Insurance Fund". 
(8) INVESTMENTS PROMOTING PUBLIC WELFARE; LIMITATIONS 
ON AGGREGATE INVESTMENTS.—^The 23d undesignated para-
graph of section 9 of the Federal Reserve Act (12 U.S.C. 338a) 
is amended in the 4th sentence, by striking "affected deposit 
insurance fund" and inserting "Deposit Insurance Fund". 
(9) ADVANCES TO CRITICALLY UNDERCAPITALIZED DEPOSI-
TORY INSTITUTIONS.—Section 10B(b)(3)(A)(ii) of the Federal 
Reserve Act (12 U.S.C. 347b(b)(3)(A)(ii)) is amended by striking 
"any deposit insurance fund in" and inserting "the Deposit 
Insurance Fund of. 
(10) AMENDMENTS TO THE BALANCED BUDGET AND EMER-
GENCY DEFICIT CONTROL ACT OF 1985.—Section 255(g)(1)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 
1985 (2 U.S.C. 905(g)( 1)(A)) is amended— 
(A) by striking "Bank Insurance Fund" and inserting 
"Deposit Insurance Fund"; and 
(B) by striking "Federal Deposit Insurance Corporation, 
Savings Association Insurance Fund;". 
(11) FURTHER AMENDMENTS TO THE FEDERAL HOME LOAN 
BANK ACT.—The Federal Home Loan Bank Act (12 U.S.C. 1421 
et seq.) is amended— 
(A) in section ll(k) (12 U.S.C. 1431(k)>— 
(i) in the subsection heading, by striking "SAIF" 
and inserting "THE DEPOSIT INSURANCE FUND"; 
and 
(ii) by striking "Savings Association Insurance 
Fund" each place such term appears and inserting 
"Deposit Insurance Fund"; 
(B) in section 21A(b)(4)(B) (12 U.S.C. 1441a(b)(4)(B)), 
by striking "affected deposit insurance fund" and inserting 
"Deposit Insurance Fund"; 
(C) in section 21A(b)(6)(B) (12 U.S.C. 1441a(b)(6)(B))— 
(i) in the subparagraph heading, by striking "SAIF-
INSURED BANKS" and inserting 
"CHARTER CONVER-
SIONS"; and 
(ii) by striking "Savings Association Insurance 
Fund member" and inserting "savings association"; 
(D) 
in 
section 
21A(b)(10)(A)(iv)(II) 
(12 
U.S.C. 
1441a(b)(10)(A)(iv)(II)), by striking "Savings Association 
Insurance Fund" and inserting "Deposit Insurance Fund"; 
(E) in section 21B(e) (12 U.S.C. 1441b(e))— 
(i) in paragraph (5), by inserting "as of the date 
of funding" after "Savings Association Insurance Fund 
members" each place such term appears; 
(ii) by striking paragraph (7); and 
(iii) by redesignating paragraph (8) as paragraph 
(7); and 
(F) in section 21B(k) (12 U.S.C. 1441b(k))— 
(i) by striking paragraph (8); and 
(ii) by redesignating paragraphs (9) and (10) as 
paragraphs (8) and (9), respectively. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-490 
(12) AMENDMENTS TO THE HOME OWNERS' LOAN ACT.—The 
Home Owners' Loan Act (12 U.S.C. 1461 et seq.) is amended— 
(A) in section 5— 
12 USC 1464. 
(i) in subsection (c)(5)(A), by striking "that is a 
member of the Bank Insurance Fund"; 
(ii) in subsection (c)(6), by striking "As used in 
this subsection—" and inserting "For purposes of this 
subsection, the following definitions shall apply:"; 
(iii) in subsection (o)(l), by striking "that is a Bank 
Insurance Fund member"; 
(iv) in subsection (o)(2)(A), by striking "a Bank 
Insurance Fund member until such time as it changes 
its status to a Savings Association Insurance Fund 
member" and inserting "insured by the Deposit Insur-
ance Fund"; 
(v) in subsection 
(t)(5)(D)(iii)(II), by striking 
"affected 
deposit 
insurance 
fund" 
and 
inserting 
"Deposit Insurance Fund"; 
(vi) in subsection (t)(7)(C)(i)(I), by striking "affected 
deposit insurance fund" and inserting "Deposit Insur-
ance Fund"; and 
(vii) in subsection (v)(2)(A)(i), by striking ", the 
Savings Association Insurance Fund" and inserting "or 
the Deposit Insurance Fund"; and 
(B) in section 10— 
12 USC 1467a. 
(i) in subsection (e)(l)(A)(iii)(VII), by adding "or" 
at the end; 
(ii) in subsection (e)(l)(A)(iv), by adding "and" at 
the end; 
(iii) in subsection (e)(1)(B), by striking "Savings 
Association Insurance Fund or Bank Insurance Fund" 
and inserting "Deposit Insurance Fund"; 
(iv) in subsection (e)(2), by striking "Savings 
Association Insurance Fund or the Bank Insurance 
Fund" and inserting "Deposit Insurance Fund"; and 
(v) in subsection (m)(3), by striking subparagraph 
(E), and by redesignating subparagraphs (F), (G), and 
(H) as subparagraphs (E), (F), and (G), respectively. 
(13) AMENDMENTS TO THE NATIONAL HOUSING ACT.—The 
National Housing Act (12 U.S.C. 1701 et seq.) is amended— 
(A) in section 317(b)(1)(B) (12 U.S.C. 1723i(b)(l)(B)), 
by striking "Bank Insurance Fund for banks or through 
the Savings Association Insurance Fund for savings 
associations" and inserting "Deposit Insurance Fund"; and 
(B) in section 526(b)(l)(B)(ii) (12 U.S.C. 1735f-
14(b)(l)(B)(ii)), by striking "Bank Insurance Fund for banks 
and through the Savings Association Insurance Fund for 
savings associations" and inserting "Deposit Insurance 
Fund". 
(14) 
FURTHER AMENDMENTS TO THE FEDERAL DEPOSIT 
INSURANCE ACT.—The Federal Deposit Insurance Act (12 U.S.C. 
1811 et seq.) is amended— 
(A) in section 3(a)(1) (12 U.S.C. 1813(a)(1)), by striking 
subparagraph (B) and inserting the following: 
"(B) includes any former savings association."; 
110 STAT. 3009-491 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(B) in section 5(b)(5) (12 U.S.C. 1815(b)(5)), by striking 
"the Bank Insurance Fund or the Savings Association 
Insurance Fund;" and inserting "Deposit Insurance Fund,"; 
(C) in section 5(d) (12 U.S.C. 1815(d)), by striking 
paragraphs (2) and (3); 
(D) in section 5(d)(1) (12 U.S.C. 1815(d)(1))— 
(i) in subparagraph (A), by striking "reserve ratios 
in the Bank Insurance Fund and the Savings Associa-
tion Insurance Fund" and inserting "the reserve ratio 
of the Deposit Insurance Fund"; 
(ii) by striking subparagraph (B) and inserting 
the following: 
"(2) 
FEE CREDITED TO THE DEPOSIT INSURANCE FUND.— 
The fee paid by the depository institution under paragraph 
(1) shall be credited to the Deposit Insurance Fund."; 
(iii) by striking "(1) UNINSURED INSTITUTIONS.— 
";and 
(iv) by redesignating subparagraphs (A) and (C) 
as paragraphs (1) and (3), respectively, and moving 
the margins 2 ems to the left; 
(E) in section 5(e) (12 U.S.C. 1815(e))— 
(i) in paragraph (5)(A), by striking "Bank Insur-
ance Fund or the Savings Association Insurance Fund" 
and inserting "Deposit Insurance Fund"; 
(ii) by striking paragraph (6); and 
(iii) by redesignating paragraphs (7), (8), and (9) 
as paragraphs (6), (7), and (8), respectively; 
(F) in section 6(5) (12 U.S.C. 1816(5)), by striking 
"Bank Insurance Fund or the Savings Association Insur-
ance Fund" and inserting "Deposit Insurance Fund"; 
(G) in section 7(b) (12 U.S.C. 1817(b))— 
(i) in paragraph (1)(D), by striking "each deposit 
insurance fund" and inserting "the Deposit Insurance 
Fund"; 
(ii) in clauses (i)(I) and (iv) of paragraph (2)(A), 
by striking "each deposit insurance fund" each place 
such term appears and inserting "the Deposit Insur-
ance Fund"; 
(iii) in paragraph (2)(A)(iii), by striking "a deposit 
insurance fund" and inserting "the Deposit Insurance 
Fund"; 
(iv) by striking clause (iv) of paragraph (2)(A); 
(v) in paragraph (2)(C) (as redesignated by para-
graph (6)(B) of this subsection)— 
(I) by striking "any deposit insurance fund" 
and inserting "the Deposit Insurance Fund"; and 
(II) by striking "that fund" each place such 
term appears and inserting "the Deposit Insurance 
Fund"; 
(vi) in paragraph (2)(D) (as redesignated by para-
graph (6)(B) of this subsection)— 
(I) in the subparagraph heading, by striking 
"FUNDS ACHIEVE" and inserting "FUND ACHIEVES"; 
and 
(II) by striking "a deposit insurance fund" and 
inserting "the Deposit Insurance Fund"; 
(vii) in paragraph (3)— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-492 
(I) in the paragraph heading, by striking 
"FUNDS" and inserting "FUND"; 
(II) by striking "members of that fund" where 
such term appears in the portion of subparagraph 
(A) which precedes clause (i) of such subparagraph 
and inserting "insured depository institutions"; 
(III) by striking "that fund" each place such 
term appears (other than in connection with term 
amended in subclause (II) of this clause) and 
inserting "the Deposit Insurance Fund"; 
(IV) in subparagraph (A), by striking "Except 
as provided in paragraph (2XF), if and inserting 
"If; 
(V) in subparagraph (A), by striking "any 
deposit insurance fund" and inserting "the Deposit 
Insurance Fund"; and 
(VI) by striking subparagraphs (C) and (D) 
and inserting the following: 
"(C) AMENDING SCHEDULE.—^The Corporation may, by 
regulation, amend a schedule prescribed under subpara-
graph (B)."; and 
(viii) in paragraph (6)— 
(I) by striking "any such assessment" and 
inserting "any such assessment is necessary"; 
(II) by striking "(A) is necessary—"; 
(III) by striking subparagraph (B); 
(IV) by redesignating clauses (i), (ii), and (iii) 
as subparagraphs (A), (B), and (C), respectively, 
and moving the margins 2 ems to the left; and 
(V) in subparagraph (C) (as redesignated), by 
striking "; and" and inserting a period; 
(H) in section 11(f)(1) (12 U.S.C. 1821(f)(1)), by striking 
", except that—" and all that follows through the end 
of the paragraph and inserting a period; 
(I) in section ll(i)(3) (12 U.S.C. 1821(i)(3))— 
(i) by striking subparagraph (B); 
(ii) by redesignating subparagraph (C) as subpara-
graph (B); and 
(iii) in subparagraph (B) (as redesignated), by 
striking "subparagraphs (A) and (B)" and inserting 
"subparagraph (A)"; 
(J) in section llA(a) (12 U.S.C. 1821a(a))— 
(i) in paragraph (2), by striking "LIABILITIES.— 
" and all that follows through "Except" and inserting 
"LIABILITIES.—Except"; 
(ii) by striking paragraph (2)(B); and 
(iii) in paragraph (3), by striking "the Bank Insur-
ance Fund, the Savings Association Insurance Fund," 
and inserting "the Deposit Insurance Fund"; 
(K) in section llA(b) (12 U.S.C. 1821a(b)), by striking 
paragraph (4); 
(L) in section llA(f) (12 U.S.C. 1821a(f)), by striking 
"Savings Association 
Insurance 
Fund" and inserting 
"Deposit Insurance Fund"; 
(M) in section 13 (12 U.S.C. 1823)— 
(i) in subsection (a)(1), by striking "Bank Insurance 
Fund, the Savings Association Insurance Fund," and 
110 STAT. 3009-493 
PUBLIC LAW 104-208—SEPT. 30, 1996 
inserting "Deposit Insurance Fund, the Special Reserve 
of the Deposit Insurance Fund,"; 
(ii) in subsection (c)(4)(E)— 
(I) in the subparagraph heading, by striking 
"FUNDS" and inserting "FUND"; and 
(II) in clause (i), by striking "any insurance 
fund" and inserting "the Deposit Insurance Fund"; 
(iii) in subsection (c)(4)(G)(ii)— 
(I) by striking "appropriate insurance fund" 
and inserting "Deposit Insurance Fund"; 
(II) by striking "the members of the insurance 
fund (of which such institution is a member)" and 
inserting "insured depository institutions"; 
(III) by striking "each member's" and inserting 
"each insured depository institution's"; and 
(IV) by striking "the member's" each place 
such term appears and inserting "the institution's"; 
(iv) in subsection (c), by striking paragraph (11); 
(v) in subsection (h), by striking "Bank Insurance 
Fund" and inserting "Deposit Insurance Fund"; 
(vi) in subsection (k)(4)(B)(i), by striking "Savings 
Association Insurance Fund" and inserting "Deposit 
Insurance Fund"; and 
(vii) in subsection (k)(5)(A), by striking "Savings 
Association Insurance Fund" and inserting "Deposit 
Insurance Fund"; 
(N) in section 14(a) (12 U.S.C. 1824(a)) in the 5th 
sentence— 
(i) by striking "Bank Insurance Fund or the Sav-
ings Association 
Insurance 
Fund" 
and 
inserting 
"Deposit Insurance Fund"; and 
(ii) by striking "each such fund" and inserting "the 
Deposit Insurance Fund"; 
(O) in section 14(b) (12 U.S.C. 1824(b)), by striking 
"Bank Insurance Fund or Savings Association Insurance 
Fund" and inserting "Deposit Insurance Fund"; 
(P) in section 14(c) (12 U.S.C. 1824(c)), by striking 
paragraph (3); 
(Q) in section 14(d) (12 U.S.C. 1824(d))— 
(i) by striking "BIF" each place such term appears 
and inserting "DIF"; and 
(ii) by striking "Bank Insurance Fund" each place 
such term appears and inserting "Deposit Insurance 
Fund"; 
(R) in section 15(c)(5) (12 U.S.C. 1825(c)(5))— 
(i) by striking "the Bank Insurance Fund or Sav-
ings Association Insurance Fund, respectively" each 
place such term appears and inserting "the Deposit 
Insurance Fund"; and 
(ii) in subparagraph (B), by striking "the Bank 
Insurance Fund or the Savings Association Insurance 
Fund, respectively" and inserting "the Deposit Insur-
ance Fund"; 
(S) in section 17(a) (12 U.S.C. 1827(a))— 
(i) in the subsection heading, by striking "BIF, 
SAIF," and inserting "THE DEPOSIT INSURANCE FUND"; 
and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-494 
(ii) in paragraph (1), by striking "the Bank Insur-
ance Fund, the Savings Association Insurance Fund," 
each place such term appears and inserting "the 
Deposit Insurance Fund"; 
(T) in section 17(d) (12 U.S.C. 1827(d)), by striking 
"the Bank Insurance Fund, the Savings Association Insur-
ance Fund," each place such term appears and inserting 
"the Deposit Insurance Fund"; 
(U) in section 18(m)(3) (12 U.S.C. 1828(m)(3))— 
(i) by striking "Savings Association Insurance 
Fund" each place such term appears and inserting 
"Deposit Insurance Fund"; and 
(ii) in subparagraph (C), by striking "or the Bank 
Insurance Fund"; 
(V) in section 18(p) (12 U.S.C. 1828(p)), by striking 
"deposit insurance funds" and inserting "Deposit Insurance 
Fund"; 
(W) in section 24 (12 U.S.C. 1831a) in subsections 
(a)(1) and (d)(1)(A), by striking "appropriate deposit insur-
ance fund" each place such term appears and inserting 
"Deposit Insurance Fund"; 
(X) in section 28 (12 U.S.C. 183le), by striking "affected 
deposit insurance fund" each place such term appears and 
inserting "Deposit Insurance Fund"; 
(Y) by striking section 31 (12 U.S.C. 183Ih); 
(Z) in section 36(i)(3) (12 U.S.C. 1831m(i)(3)) by striking 
"affected deposit insurance fund" and inserting "Deposit 
Insurance Fund"; 
(AA) in section 38(a) (12 U.S.C. 1831o(a)) in the sub-
section heading, by striking "FUNDS" and inserting "FUND"; 
(BB) in section 38(k) (12 U.S.C. 1831o(k))— 
(i) in paragraph (1), by striking "a deposit insur-
ance fund" and inserting "the Deposit Insurance Fund"; 
and 
(ii) in paragraph (2)(A)— 
(I) by striking "A deposit insurance fund" and 
inserting "The Deposit Insurance Fund"; and 
(II) by striking "the deposit insurance fund's 
outlays" and inserting "the outlays of the Deposit 
Insurance Fund"; and 
(CO in section 38(o) (12 U.S.C. 1831o(o))— 
(i) by striking "ASSOCIATIONS.—" and all that fol-
lows 
through 
"Subsections 
(e)(2)" and inserting 
"ASSOCIATIONS.—Subsections (e)(2)"; 
(ii) by redesignating subparagraphs (A), (B), and 
(C) as paragraphs (1), (2), and (3), respectively, and 
moving the margins 2 ems to the left; and 
(iii) in paragraph (1) (as redesignated), by 
redesignating clauses (i) and (ii) as subparagraphs (A) 
and (B), respectively, and moving the margins 2 ems 
to the left. 
(15) AMENDMENTS TO THE FINANCIAL INSTITUTIONS REFORM, 
RECOVERY, AND ENFORCEMENT ACT OF 1989.—The Financial 
Institutions Reform, Recovery, and Enforcement Act is amend-
ed— 
(A) in section 951(b)(3)(B) (12 U.S.C. 1833a(b)(3)(B)), 
by striking "Bank Insurance Fund, the Savings Association 
110 STAT. 3009-495 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Insurance Fund," and inserting "Deposit Insurance Fund"; 
and 
(B) in section 1112(c)(1)(B) (12 U.S.C. 3341(c)(1)(B)), 
by striking "Bank Insurance Fund, the Savings Association 
Insurance Fund," and inserting "Deposit Insurance Fund". 
(16) AMENDMENT TO THE BANK ENTERPRISE ACT OF 1991.— 
Section 232(a)(1) of the Bank Enterprise Act of 1991 (12 U.S.C. 
1834(a)(1)) is amended by striking "section 7(b)(2)(H)" and 
inserting "section 7(b)(2)(G)". 
(17) AMENDMENT TO THE BANK HOLDING COMPANY ACT OF 
1956.—Section 2(j)(2) of the Bank Holding Company Act of 
1956 (12 U.S.C. 1841(j)(2)) is amended by striking "Savings 
Association Insurance Fund" and inserting "Deposit Insurance 
Fund". 
SEC. 2705. CREATION OF SAIF SPECIAL RESERVE. 
Section 11(a)(6) of the Federal Deposit Insurance Act (12 U.S.C. 
1821(a)(6)) is amended by adding at the end the following new 
subparagraph: 
"(L) ESTABLISHMENT OF SAIF SPECIAL RESERVE.— 
"(i) ESTABLISHMENT.—If, on January 1, 1999, the 
reserve ratio of the Savings Association Insurance Fund 
exceeds the designated reserve ratio, there is established 
a Special Reserve of the Savings Association Insurance 
Fund, which shall be administered by the Corporation and 
shall be invested in accordance with section 13(a). 
"(ii) AMOUNTS IN SPECIAL RESERVE.—If, on January 
1, 1999, the reserve ratio of the Savings Association Insur-
ance Fund exceeds the designated reserve ratio, the amount 
by which the reserve ratio exceeds the designated reserve 
ratio shall be placed in the Special Reserve of the Savings 
Association Insurance Fund established by clause (i). 
"(iii) LIMITATION.—^The Corporation shall not provide 
any assessment credit, refund, or other payment from any 
amount in the Special Reserve of the Savings Association 
Insurance Fund. 
"(iv) EMERGENCY USE OF SPECIAL RESERVE.—Notwith-
standing clause (iii), the Corporation may, in its sole discre-
tion, transfer amounts from the Special Reserve of the 
Savings Association Insurance Fund to the Savings Associa-
tion Insurance Fund for the purposes set forth in paragraph 
(4), only if— 
"(I) the reserve ratio of the Savings Association 
Insurance Fund is less than 50 percent of the des-
ignated reserve ratio; and 
"(II) the Corporation expects the reserve ratio of 
the Savings Association Insurance Fund to remain at 
less than 50 percent of the designated reserve ratio 
for each of the next 4 calendar quarters. 
"(v) EXCLUSION OF SPECIAL RESERVE IN CALCULATING 
RESERVE RATIO.—Notwithstanding any other provision of 
law, any amounts in the Special Reserve of the Savings 
Association Insurance Fund shall be excluded in calculating 
the reserve ratio of the Savings Association Insurance 
Fund.". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-496 
SEC. 2706. REFUND OF AMOUNTS IN DEPOSIT INSURANCE FUND IN 
EXCESS OF DESIGNATED RESERVE AMOUNT. 
Subsection (e) of section 7 of the Federal Deposit Insurance 
Act (12 U.S.C. 1817(e)) is amended to read as follows: 
"(e) REFUNDS.— 
"(1) OVERPAYMENTS.—In the case of any payment of an 
assessment by an insured depository institution in excess of 
the amount due to the Corporation, the Corporation may— 
"(A) refund the amount of the excess payment to the 
insured depository institution; or 
"(B) credit such excess amount toward the pa)nnent 
of subsequent semiannual assessments until such credit 
is exhausted. 
"(2) BALANCE IN INSURANCE FUND IN EXCESS OF DESIGNATED 
RESERVE.— 
"(A) IN GENERAL.—Subject to subparagraphs (B) and 
(C), if, as of the end of any semiannual assessment period 
beginning after the date of the enactment of the Deposit 
Insurance Funds Act of 1996, the amount of the actual 
reserves in— 
"(i) the Bank Insurance Fund (until the merger 
of such fund into the Deposit Insurance Fund pursuant 
to section 2704 of the Deposit Insurance Funds Act 
of 1996); or 
"(ii) the Deposit Insurance 
Fund 
(after 
the 
establishment of such fund), 
exceeds the balance required to meet the designated reserve 
ratio applicable with respect to such fund, such excess 
amount shall be refunded to insured depository institutions 
by the Corporation on such basis as the Board of Directors 
determines to be appropriate, taking into account the fac-
tors considered under the risk-based assessment system. 
"(B) REFUND NOT TO EXCEED PREVIOUS SEMIANNUAL 
ASSESSMENT.—^The amount of any refund under this para-
graph to any member of a deposit insurance fund for any 
semiannual assessment period may not exceed the total 
amount of assessments paid by such member to the insur-
ance fund with respect to such period. 
"(C) REFUND LIMITATION FOR CERTAIN INSTITUTIONS.— 
No refund may be made under this paragraph with respect 
to the amount of any assessment paid for any semiannual 
assessment period by any insured depository institution 
described in clause (v) of subsection (b)(2)(A).". 
SEC 2707. ASSESSMENT RATES FOR SAIF MEMBERS MAY NOT BE LESS 
THAN ASSESSMENT RATES F O R BIF MEMBERS. 
Section 7(b)(2)(C) of the Federal Deposit Insurance Act (12 
U.S.C. 1817(b)(2)(E), as redesignated by section 2704(d)(6) of this 
subtitle) is amended— 
(1) by striking "and" at the end of clause (i); 
(2) by striking the period at the end of clause (ii) and 
inserting "; and"; and 
(3) by adding at the end the following new clause: 
"(iii) notwithstanding any other provision of this 
subsection, during the period beginning on the date 
of enactment of the Deposit Insurance Funds Act of 
110 STAT. 3009-497 
PUBLIC LAW 104-208—SEPT. 30, 1996 
1996, and ending on December 31, 1998, the assess-
ment rate for a Savings Association Insurance Fund 
member may not be less than the assessment rate 
for a Bank Insurance Fund member that poses a com-
parable risk to the deposit insurance fund.". 
SEC. 2708. ASSESSMENTS AUTHORIZED ONLY IF NEEDED TO MAINTAIN 
THE RESERVE RATIO OF A DEPOSIT INSURANCE FUND. 
(a) IN GENERAL.—Section 7(b)(2)(A)(i) of the Federal Deposit 
Insurance Act (12 U.S.C. 1817(b)(2)(A)(i)) is amended in the matter 
preceding subclause (I) by inserting "when necessary, and only 
to the extent necessary" after "insured depository institutions". 
(b) LIMITATION ON ASSESSMENT.—Section 7(b)(2)(A)(iii) of the 
Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)(A)(iii)) is 
amended to read as follows: 
"(iii) LIMITATION ON ASSESSMENT.—Except as pro-
vided in clause (v), the Board of Directors shall not 
set semiannual assessments with respect to a deposit 
insurance fund in excess of the amount needed— 
"(I) to maintain the reserve ratio of the fund 
at the designated reserve ratio; or 
"(II) if the reserve ratio is less than the des-
ignated reserve ratio, to increase the reserve ratio 
to the designated reserve ratio.". 
(c) 
EXCEPTION TO LIMITATION 
ON ASSESSMENTS.—Section 
7(b)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C. 
1817(b)(2)(A)) is amended by adding at the end the following new 
clause: 
"(v) EXCEPTION TO LIMITATION ON ASSESSMENTS.— 
The Board of Directors may set semiannual assess-
ments in excess of the amount permitted under clauses 
(i) and (iii) with respect to insured depository institu-
tions that exhibit financial, operational, or compliance 
weaknesses ranging from moderately severe to unsatis-
factory, or are not well capitalized, as that term is 
defined in section 38.". 
SEC. 2709. TREASURY STUDY OF COMMON DEPOSITORY INSTITUTION 
CHARTER. 
(a) STUDY REQUIRED.—^The Secretary of the Treasury shall 
conduct a study of all issues which the Secretary considers to 
be relevant with respect to the development of a common charter 
for all insured depository institutions (as defined in section 3 of 
the Federal Deposit Insurance Act) and the abolition of separate 
and distinct charters between banks and savings associations. 
(b) REPORT TO THE CONGRESS.— 
(1) IN GENERAL.—^The Secretary of the Treasury shall sub-
mit a report to the Congress on or before March 31, 1997, 
containing the findings and conclusions of the Secretary in 
connection with the study conducted pursuant to subsection 
(a). 
(2) 
DETAILED 
ANALYSIS AND RECOMMENDATIONS.—The 
report under paragraph (1) shall include— 
(A) a detailed analysis of each issue the Secretary 
considered relevant to the subject of the study; 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-498 
(B) recommendations of the Secretary with regard to 
the estabUshment of a common charter for insured deposi-
tory institutions (as defined in section 3 of the Federal 
Deposit Insurance Act); and 
(C) such recommendations for legislative and adminis-
trative action as the Secretary determines to be appropriate 
to implement the recommendations of the Secretary under 
subparagraph (B). 
SEC. 2710. DEFINITIONS. 
12 USC 1821 
For purposes of this subtitle, the following definitions shall 
apply: 
(1) BANK INSURANCE FUND.—The term "Bank Insurance 
Fund" means the fund 
established pursuant 
to 
section 
(ll)(a)(5)(A) of the Federal Deposit Insurance Act, as that sec-
tion existed on the day before the date of enactment of this 
Act. 
(2) BIF MEMBER, SAIF MEMBER.—The terms "Bank Insur-
ance Fund member" and "Savings Association Insurance Fund 
member" have the same meanings as in section 7(1) of the 
Federal Deposit Insurance Act. 
(3) VARIOUS BANKING TERMS.—^The terms "bank", "Board 
of Directors", "Corporation", "deposit", "insured depository 
institution", "Federal savings association", "savings associa-
tion", "State savings bank", and "State depository institution" 
have the same meanings as in section 3 of the Federal Deposit 
Insurance Act. 
(4) DEPOSIT INSLFRANCE FUND.—^The term "Deposit Insur-
ance Fund" means the fund established under section 11(a)(4) 
of the Federal Deposit Insurance Act (as amended by section 
2704(d) of this subtitle). 
(5) DEPOSITORY INSTITUTION HOLDING COMPANY.—^The term 
"depository institution holding company" has the same meaning 
as in section 3 of the Federal Deposit Insurance Act. 
(6) DESIGNATED RESERVE RATIO.—The term "designated 
reserve ratio" has the same meaning as in section 7(b)(2)(A)(iv) 
of the Federal Deposit Insurance Act. 
(7) SAIF.—The term "Savings Association Insurance Fund" 
means the fund established pursuant to section 11(a)(6)(A) 
of the Federal Deposit Insurance Act, as that section existed 
on the day before the date of enactment of this Act. 
(8) SAIF-ASSESSABLE DEPOSIT.—^The term "SAIF-assessable 
deposit"— 
(A) means a deposit that is subject to assessment for 
purposes of the Savings Association Insurance Fund under 
the Federal Deposit Insurance Act (including a deposit 
that is treated as insured by the Savings Association Insur-
ance Fund under section 5(d)(3) of the Federal Deposit 
Insurance Act); and 
(B) includes any deposit described in subparagraph 
(A) which is assumed after March 31, 1995, if the insured 
depository institution, the deposits of which are assumed, 
is not an insured depository institution when the special 
assessment is imposed under section 2702(a). 
SEC. 2711. DEDUCTION FOR SPECIAL ASSESSMENTS. 
26 USC 162 note. 
For purposes of subtitle A of the Internal Revenue Code of 
1986— 
110 STAT. 3009-499 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(1) the amount allowed as a deduction under section 162 
of such Code for a taxable year shall include any amount 
paid during such year by reason of an assessment under section 
2702 of this subtitle, and 
(2) section 172(f) of such Code shall not apply to any 
deduction described in paragraph (1). 
TITLE III—SPECTRUM ALLOCATION 
PROVISIONS 
SEC. 3001. COMPETITIVE BIDDING FOR SPECTRUM. 
(a) COMMISSION OBLIGATION To MAKE ADDITIONAL SPECTRUM 
AVAILABLE.—^The Federal Communications Commission shall— 
(1) reallocate the use of frequencies at 2305-2320 mega-
hertz and 2345-2360 megahertz to wireless services that are 
consistent with international agreements concerning spectrum 
allocations; and 
(2) assign the use of such frequencies by competitive bid-
ding pursuant to section 309(j) of the Communications Act 
of 1934 (47 U.S.C. 309(j)). 
(b) ADDITIONAL REQUIREMENTS.—In making the bands of fre-
quencies described in subsection (a) available for competitive bid-
ding, the Commission shall— 
(1) seek to promote the most efficient use of the spectrum; 
and 
(2) take into account Lhe needs of public safety radio serv-
ices. 
(c) EXPEDITED PROCEDURES.—^The Commission shall commence 
the competitive bidding for the assignment of the frequencies 
described in subsection (a)(1) no later than April 15, 1997. The 
rules governing such frequencies shall be effective immediately 
upon publication in the Federal Register notwithstanding section 
553(d), 801(a)(3), and 806(a) of title 5, United States Code. Chapter 
6 of such title, and sections 3507 and 3512 of title 44, United 
States Code, shall not apply to the rules and competitive bidding 
procedures governing such frequencies. Notwithstanding section 
309(b) of the Communications Act of 1934 (47 U.S.C. 309(b)), no 
application for an instrument of authorization for such frequencies 
shall be granted by the Commission earlier than 7 days following 
issuance of public notice by the Commission of the acceptance 
for filing of such appUcation or of any substantial amendment 
thereto. Notwithstanding section 309(d)(1) of such Act (47 U.S.C. 
309(d)(1)), the Commission may specify a period (no less than 
5 days following issuance of such public notice) for the filing of 
petitions to deny any application for an instrument of authorization 
for such frequencies. 
(d) DEADLINE FOR COLLECTION.—^The Commission shall conduct 
the competitive bidding under subsection (a)(2) in a manner that 
ensures that all proceeds of the bidding are deposited in accordance 
with section 309(j)(8) of the Communications Act of 1934 not later 
September 30, 1997. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-500 
TITLE 
IV—ADJUSTMENT 
OF 
PAYGO 
BALANCES 
SEC. 4001. ADJUSTMENT OF PAYGO BALANCES. 
For purposes of section 252 of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, on the calendar day after the 
Director of the Office of Management and Budget issues the final 
sequestration report for fiscal year 1997, the Director and the 
Director of the Congressional Budget Office shall change the bal-
ances (as computed pursuant to section 252(b) of that Act) of direct 
spending and receipts legislation— 
(1) for fiscal year 1997 to zero if such balance for the 
fiscal year is not an increase in the deficit. 
TITLE V—ADDITIONAL 
APPROPRIATIONS 
CHAPTER i 
DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, 
FOOD 
AND 
DRUG ADMINISTRATION, 
AND 
RELATED 
AGENCIES 
DEPARTMENT OF AGRICULTURE 
COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION SERVICE 
EXTENSION ACTIVITIES 
For an additional amount for payments for cooperative exten-
sion work by the colleges receiving the benefits of the second Morrill 
Act (7 U.S.C. 321-326, 328) and Tuskegee University, $753,000. 
NATURAL RESOURCES CONSERVATION SERVICE 
WATERSHED AND FLOOD PREVENTION OPERATIONS 
For an additional amount to repair damages to the waterways 
and watersheds resulting from the effects of Hurricanes Fran and 
Hortense and other natural disasters, $63,000,000, to remain avail-
able until expended: Provided, That the entire amount is designated 
by Congress as an emergency requirement pursuant to section 
25 l(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended. 
FARM SERVICE AGENCY 
EMERGENCY CONSERVATION PROGRAM 
For an additional amount for emergency expenses resulting 
from the effects of Hurricanes Fran and Hortense and other natural 
disasters, $25,000,000, to remain available until expended: Pro-
vided, That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended. 
110 STAT. 3009-501 
PUBLIC LAW 104-208—SEPT. 30, 1996 
CHAPTER 2 
DISTRICT OF COLUMBIA 
EDUCATION FACILITIES IMPROVEMENT IN THE DISTRICT OF COLUMBIA 
(BY TRANSFER) 
SEC. 5201. The District of Columbia Financial Responsibility 
and Management Assistance Authority (referred to in this section 
as the "Authority") shall have the authority to contract with a 
private entity (or entities) to carry out a program of school facility 
repair of public schools and public charter schools located in public 
school facilities in the District of Columbia, in consultation with 
the General Services Administration: Provided, That an amount 
estimated to be $40,700,000 is hereby transferred and otherwise 
made available to the Authority until expended for contracting 
as provided under this section, to be derived from transfers and 
reallocations as follows: (1) funds made available under the heading 
"PUBLIC EDUCATION SYSTEM" in Public Law 104-194 for school 
repairs in a restricted line item; (2) all capital financing authority 
made available for public school capital improvements in Public 
Law 104-194; and (3) all capital financing authority made available 
for public school capital improvements which are or remain avail-
able from Public Law 104-134 or any previous appropriations Act 
for the District of Columbia: Provided further, That the General 
Services Administration, in consultation with the District of Colum-
bia Public Schools and the District of Columbia Council and subject 
to the approval of the Authority and the Committees on Appropria-
tions of the Senate and the House of Representatives, shall provide 
program management services to assist in the short-term manage-
ment of the repairs and capital improvements: Provided 
further. 
That contracting authorized under this section shall be conducted 
in accordance with Federal procurement rules and regulations and 
guidelines or such guidelines as prescribed by the Authority. 
SPECIAL RULES REGARDING GENERAL OBLIGATION BOND ACT 
SEC. 5202. WAIVER OF CONGRESSIONAL REVIEW.—Notwithstand-
ing section 602(c)(1) of the District of Columbia Self-Government 
and Governmental Reorganization Act (sec. l-233(c)(l), D.C. Code), 
the General Obligation Bond Act of 1996 (D.C. Bill 11-840), if 
enacted by the Council of the District of Columbia, shall take 
effect on the date of the enactment of such Act or the date of 
the enactment of this Act, whichever is later. 
AMENDMENTS TO FINANCIAL RESPONSIBILITY AND MANAGEMENT 
ASSISTANCE ACT 
SEC. 5203. (a) CALCULATION OF 7-DAY REVIEW PERIOD FOR 
COUNCIL ACTS.—Section 203(a)(5) of the District of Columbia Finan-
cial Responsibility and Management Assistance Act of 1995 (sec. 
47-392.3(a)(5), D.C. Code) is amended— 
(1) by inserting "(excluding Saturdays, Sundays, and legal 
holidays)" after "7-day period" the first place it appears; and 
(2) by striking "the date the Council submits the Act to 
the Authority" and inserting "the first day (excluding Satur-
days, Sundays, and legal holidays) after the Authority receives 
the Act from the Council". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-502 
(b) SPECIFICATION OF PENALTY FOR PROHIBITED ACTS.—Section 
103(i)(l) of such Act (sec. 47-391.3(i)(l), D.C. Code) is amended 
by striking the period at the end and inserting the following: ", 
and shall be fined not more than $1,000, imprisoned for not more 
than 1 year, or both.". 
(c) WAIVER OF PRIVACY ACT REQUIREMENTS FOR OBTAINING 
OFFICIAL DATA.—Section 103(c)(1) of such Act (sec. 47-391.3(c)(l), 
D.C. Code) is amended by striking "Act) and 552b" and inserting 
"Act), 552a (the Privacy Act of 1974), and 552b". 
(d) PERMITTING AUTHORITY REVIEW OF RULEMAKING.—Section 
203(b) of such Act (sec. 47-392.3(b), D.C. Code) is amended by 
adding at the end the following new paragraph: 
"(5) APPLICATION TO RULES AND REGULATIONS.—^The provi-
sions of this subsection shall apply with respect to a rule 
or regulation issued or proposed to be issued by the Mayor 
(or the head of any department or agency of the District govern-
ment) in the same manner as such provisions apply to a con-
tract or lease.". 
(e) DEPOSIT OF ALL DISTRICT BORROWING WITH AUTHORITY.— 
(1) IN GENERAL.—Section 204 of such Act (sec. 47-392.4, 
D.C. Code) is amended— 
(A) by redesignating subsections (d) and (e) as sub-
sections (e) and (f); and 
(B) by inserting after subsection (c) the following new 
subsection: 
"(d) DEPOSIT OF BORROWED FUNDS WITH AUTHORITY.—If the 
District government borrows funds during a control year, the funds 
shall be deposited into an escrow account held by the Authority, 
to be allocated by the Authority to the Mayor at such intervals 
and in accordance with such terms and conditions as it considers 
appropriate, consistent with the financial plan and budget for the 
year and with any other withholding of funds by the Authority 
pursuant to this Act.". 
(2) CONFORMING AMENDMENTS.—(A) Section 204(e) of such 
Act, as redesignated by paragraph (1)(A), is amended by insert-
ing after "(b)(1)" the following: "or the escrow account described 
in subsection (d)". 
(B) Section 206(d)(1) of such Act is amended by striking 
"204(b)" and inserting "204(b), section 204(d),". 
(D GRANTING AUTHORITY POWER TO ISSUE GENERAL ORDERS.— 
Section 207 of such Act (sec. 47-392.7, D.C Code) is amended 
by adding at the end the following new subsection: 
"(d) ADDITIONAL POWER TO ISSUE ORDERS, RULES, AND REGULA-
TIONS.— 
"(1) IN GENERAL.—In addition to the authority described 
in subsection (c), the Authority may at any time issue such 
orders, rules, or regulations as it considers appropriate to carry 
out the purposes of this Act and the amendments made by 
this Act, to the extent that the issuance of such an order, 
rule, or regulation is within the authority of the Mayor or 
the head of any department or agency of the District govern-
ment, and any such order, rule, or regulation shall be legally 
binding to the same extent as if issued by the Mayor or the 
head of any such department or agency. 
"(2) NOTIFICATION.—Upon issuing an order, rule, or regula-
tion pursuant to this subsection, the Authority shall notify 
the Mayor, the Council, the President, and Congress. 
110 STAT. 3009-503 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(3) N o JUDICIAL REVIEW OF DECISION TO ISSUE ORDER.— 
The decision by the Authority to issue an order, rule, or regula-
tion pursuant to this subsection shall be final and shall not 
be subject to judicial review.". 
PROHIBITING FUNDING FOR TERMINATED EMPLOYEES OR 
CONTRACTORS 
SEC. 5204. (a) IN GENERAL.—Except as provided in subsection 
(b), none of the funds made available to the District of Columbia 
during any fiscal year (beginning with fiscal year 1996) may be 
f 
used to pay the salary or wages of any individual whose employment 
by the District government is no longer required as determined 
by the District of Columbia Financial Responsibility and Manage-
ment Assistance Authority, or to pay any expenses associated with 
a contractor or consultant of the District government whose contract 
or arrangement with the District government is no longer required 
as determined by the Authority. 
(b) EXCEPTION FOR PAYMENTS FOR SERVICES ALREADY PRO-
VIDED.—Funds made available to the District of Columbia may 
be used to pay an individual for employment already performed 
at the time of the Authorit^s determination, or to pay a contractor 
or consultant for services already provided at the time of the 
Authoritys determination, to the extent permitted by the District 
of Columbia Financial Responsibility and Management Assistance 
Authority. 
(c) DISTRICT GOVERNMENT DEFINED.—In this section, the term 
"District government" has the meaning given such term in section 
305(5) of the District of Columbia Financial Responsibility and 
Management Assistance Act of 1995. 
AMENDMENTS TO DISTRICT OF COLUMBIA SCHOOL REFORM 
ACT OF 1995. 
SEC. 5205. (a) PROCESS FOR FILING CHARTER PETITIONS.—Sec-
tion 2201 of the District of Columbia School Reform Act of 1995 
(Public Law 104-134; 110 Stat. 1321-115) is amended by adding 
at the end the following: 
"(d) LIMITATIONS ON FILING.— 
"(1) 
MULTIPLE 
CHARTERING 
AUTHORITIES.—An 
eligible 
applicant may not file the same petition to establish a public 
charter school with more than 1 eligible chartering authority 
during a calendar year. 
"(2) MULTIPLE PETITIONS.—^An eligible applicant may not 
file more than 1 petition to establish a public charter school 
during a calendar year.". 
(b) CONTENTS OF PETITION.—Section 2202(6)(B) of the District 
of Columbia School Reform Act of 1995 (110 Stat. 1321-116) is 
amended to read as follows: 
"(B) either— 
"(i)(I) an identification of a facility for the school, 
including a description of the site where the school 
will be located, any buildings on the site, and any 
buildings proposed to be constructed on the site, and 
(II) information 
demonstrating 
that 
the eligible 
applicant has acquired title to, or otherwise secured 
the use of, the facility; or 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-504 
"(ii) a timetable 
by which an 
identification 
described in clause (i)(I) will be made, and the informa-
tion described in clause (i)(II) will be submitted, to 
the eligible chartering authority;". 
(c) PROCESS FOR APPROVING OR DENYING PUBLIC CHARTER 
SCHOOL PETITIONS.—Section 2203 of the District of Columbia School 
Reform Act of 1995 (110 Stat. 1321-118) is amended— 
(1) by amending subsection (d) to read as follows: 
"(d) APPROVAL.— 
"(1) IN GENEPAL.—Subject to subsection (i) and paragraph 
(2), an eligible chartering authority shall approve a petition 
to establish a public charter school, if— 
"(A) the eligible chartering authority determines that 
the petition satisfies the requirements of this subtitle; 
"(B) the eligible applicant who filed the petition agrees 
to satisfy any condition or requirement, consistent with 
this subtitle and other applicable law, that is set forth 
in writing by the eligible chartering authority as an amend-
ment to the petition; 
"(C) the eligible chartering authority determines that 
the public charter school has the ability to meet the edu-
cational objectives outlined in the petition; and 
"(D) the approval will not cause the eligible chartering 
authority to exceed a limit under subsection (i). 
"(2) CONDITIONAL APPROVAL.— 
"(A) IN GENERAL.—In the case of a petition that does 
not contain the identification and information required 
under section 2202(6)(B)(i), but does contain the timetable 
required under section 2202(6)(B)(ii), an eligible chartering 
authority may only approve the petition on a conditional 
basis, subject to the eligible applicant's submitting the 
identification 
and 
information 
described 
in 
section 
2202(6)(B)(i) in accordance with such timetable, or any 
other timetable specified in writing by the eligible charter-
ing authority in an amendment to the petition. 
"(B) EFFECT OF CONDITIONAL APPROVAL.—For purposes 
of subsections (e), (h), (i), and (j), a petition conditionally 
approved under this paragraph shall be treated the same 
as a petition approved under paragraph (1), except that 
on the date that such a conditionally approved petition 
ceases to be conditionally approved because the eligible 
applicant has not timely submitted the identification and 
information described in section 2202(6)(B)(i), the approval 
of the petition shall cease to be counted for purposes of 
subsection (i)."; 
(2) in subsection (h), by striking "(d)(2)," each place such 
term appears and inserting "(d),"; 
(3) by amending subsection (i) to read as follows: 
"(i) NUMBER OF PETITIONS.— 
"(1) FIRST YEAR.—During calendar year 1996, not more 
than 10 petitions to establish public charter schools may be 
approved under this subtitle. 
"(2) SUBSEQUENT YEARS.— 
"(A) IN GENERAL.^^ubject to subparagraph (B), during 
calendar year 1997, and during each subsequent calendar 
year, each eligible chartering authority shall not approve 
more than 10 petitions to establish a public charter school 
110 STAT. 3009-505 
PUBLIC LAW 104-208—SEPT. 30, 1996 
under this subtitle. Any such petition shall be approved 
during the period that begins on January 1 and ends on 
April 1. 
"(B) EXCEPTION.—If, by April 1 of any calendar year 
after 1996, an eligible chartering authority has approved 
fewer than 10 petitions during such calendar year, any 
other eligible chartering authority may approve more than 
10 petitions during such calendar year, but only if— 
"(i) the eligible chartering authority completes the 
approval of any such additional petition before June 
1 of the year; and 
"(ii) the approval of any such additional petition 
will not cause the total number of petitions approved 
by all eligible chartering authorities during the cal-
endar year to exceed 20."; and 
(4) by amending subsection (j) to read as follows: 
"(j) AUTHORITY OF ELIGIBLE CHARTERING AUTHORITY.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), 
and except for officers or employees of the eligible chartering 
authority with which a petition to establish a public charter 
school is filed, no governmental entity, elected official, or 
employee of the District of Columbia shall make, participate 
in making, or intervene in the making of, the decision to 
approve or deny such a petition. 
"(2) AVAILABILITY OF REVIEW.—^A decision by an eligible 
chartering authority to deny a petition to establish a public 
charter school shall be subject to judicial review by an appro-
priate court of the District of Columbia.", 
(d) DISTRICT OF COLUMBIA PUBLIC SCHOOL SERVICES TO PUBLIC 
CHARTER SCHOOLS.—Section 2209 of the District of Columbia School 
Reform Act of 1995 (110 Stat. 1321-125) is amended— 
(1) by inserting "(a) IN GENERAL.—" before "The Super-
intendent"; and 
(2) by adding at the end the following: 
"(b) PREFERENCE IN LEASING OR PURCHASING PUBLIC SCHOOL 
FACILITIES.— 
"(1) FORMER PUBLIC SCHOOL PROPERTY.— 
"(A) IN GENERAL.—Notwithstanding any other provi-
sion of law relating to the disposition of a facility or prop-
erty described in subparagraph (B), the Mayor and the 
District of Columbia Government shall give preference to 
an eligible applicant whose petition to establish a public 
charter school has been conditionally approved under sec-
tion 2203(d)(2), or a Board of Trustees, with respect to 
the purchase or lease of a facility or property described 
in subparagraph (B), provided that doing so will not result 
in a significant loss of revenue that might be obtained 
from other dispositions or uses of the facility or property, 
"(B) PROPERTY DESCRIBED.—^A facility or property 
referred to in subparagraph (A) is a facility, or real prop-
erty— 
"(i) that formerly was under the jurisdiction of 
the Board of Education; 
"(ii) that the Board of Education has determined 
is no longer needed for purposes of operating a District 
of Columbia public school; and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-506 
"(iii) with respect to which the Board of Education 
has transferred jurisdiction to the Mayor. 
"(2) CURRENT PUBLIC SCHOOL PROPERTY.— 
"(A) IN GENERAL.—Notwithstanding any other provi-
sion of law relating to the disposition of a facility or prop-
erty described in subparagraph (B), the Mayor and the 
District of Columbia Government shall give preference to 
an eligible applicant whose petition to establish a public 
charter school has been conditionally approved under sec-
tion 2203(d)(2), or a Board of Trustees, in leasing, or other-
wise contracting for the use of, a facility or property 
described in subparagraph (B). 
"(B) PROPERTY DESCRIBED.—^A facility or property 
referred to in subparagraph (A) is a facility, real property, 
or a designated area of a facility or real property, that— 
"(i) is under the jurisdiction of the Board of Edu-
cation; and 
"(ii) is available for use because the Board of Edu-
cation is not using, for educational, administrative, 
or other purposes, the facility, real property, or des-
ignated area.", 
(e) CHARTER RENEWAL.—Section 2212 of the District of Colum-
bia School Reform Act of 1995 (110 Stat. 1321-129) is amended— 
(1) by amending subsection (a) to read as follows: 
"(a) TERMS.— 
"(1) INITIAL TERM.—^A charter granted to a public charter 
school shall remain in force for a 15-year period. 
"(2) RENEWALS.—A charter may be renewed for an unlim-
ited number of times, each time for a 15-year period. 
"(3) REVIEW.—^An eligible chartering authority that grants 
or renews a charter pursuant to paragraph (1) or (2) shall 
review the charter— 
"(A) at least once every 5 years to determine whether 
the charter should be revoked for the reasons described 
in subsection (a)(1)(A) or (b) of section 2213 in accordance 
with the procedures for such revocation established under 
section 2213(c); and 
"(B) once every 5 years, beginning on the date that 
is 5 years after the date on which the charter is granted 
or renewed, to determine whether the charter should be 
revoked for the reasons described in section 2213(a)(1)(B) 
in accordance with the procedures for such revocation 
established under section 2213(c)."; and 
(2) by amending subsection (d)(6) to read as follows: 
"(6) JUDICIAL REVIEW.—^A decision by an eligible chartering 
authority to deny an application to renew a charter shall be 
subject to judicial review by an appropriate court of the District 
of Columbia.". 
(0 CHARTER REVOCATION.—Section 2213(a) of the District of 
Columbia School Reform Act of 1995 (110 Stat. 1321-130) is amend-
ed to read as follows: 
"(a) CHARTER OR LAW VIOLATIONS; FAILURE TO MEET GOALS.— 
"(1) IN GENERAL.—Subject to paragraph (2), an eligible 
chartering authority that has granted a charter to a public 
charter school may revoke the charter if the eligible chartering 
authority determines that the school— 
110 STAT. 3009-507 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(A) committed a violation of applicable laws or a mate-
rial violation of the conditions, terms, standards, or proce-
dures set forth in the charter, including violations relating 
to the education of children with disabilities; or 
"(B) failed to meet the goals and student academic 
achievement expectations set forth in the charter. 
"(2) SPECIAL RULE.—^An eligible chartering authority may 
not revoke a charter under paragraph (1)(B), except pursuant 
to a determination made through a review conducted under 
section 2212(a)(3)(B).". 
(g) PUBLIC CHARTER SCHOOL BOARD.—Paragraphs (3) and (4) 
of section 2214(a) of the District of Columbia School Reform Act 
of 1995 (110 Stat. 1321-132) are amended to read as follows: 
"(3) VACANCIES.— 
"(A) OTHER THAN FROM EXPIRATION OF TERM.—Where 
a vacancy occurs in the membership of the Board for rea-
sons other than the expiration of the term of a member 
of the Board, the Secretary of Education, not later than 
30 days after the vacancy occurs, shall present to the 
Mayor a list of 3 people the Secretary determines are 
qualified to serve on the Board. The Mayor, in consultation 
with the District of Columbia Council, shall appoint 1 
person from the list to serve on the Board. The Secretary 
shall recommend, and the Mayor shall appoint, such mem-
ber of the Board taking into consideration the criteria 
described in paragraph (2). Any member appointed to fill 
a vacancy occurring prior to the expiration of the term 
of a predecessor shall be appointed only for the remainder 
of the term. 
"(B) EXPIRATION OF TERM.—^Not later than the date 
that is 60 days before the expiration of the term of a 
member of the Board, the Secretary of Education shall 
present to the Mayor, with respect to each such impending 
vacancy, a list of 3 people the Secretary determines are 
qualified to serve on the Board. The Mayor, in consultation 
with the District of Columbia Council, shall appoint 1 
person from each such list to serve on the Board. The 
Secretary shall recommend, and the Mayor shall appoint, 
any member of the Board taking into consideration the 
criteria described in paragraph (2). 
"(4) TIME LIMIT FOR APPOINTMENTS.—If, at any time, the 
Mayor does not appoint members to the Board sufficient to 
bring the Board's membership to 7 within 30 days after receiv-
ing a recommendation from the Secretary of Education under 
paragraph (2) or (3), the Secretary, not later than 10 days 
after the final date for such mayoral appointment, shall make 
such appointments as are necessary to bring the membership 
oftheBoardto7.". 
(h) TECHNICAL AMENDMENT.—Section 2561(b) of the District 
of Columbia School Reform Act of 1995 (Public Law 104-134), 
as amended by section 148 of the District of Columbia Appropria-
tions Act, 1997 (Public Law 104-194), is amended to read as follows: 
"(b) LIMITATION.—A waiver under subsection (a) shall not apply 
to the Davis-Bacon Act (40 U.S.C. 276a et seq.) or Executive Order 
11246 or other civil rights standards.". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-508 
DISPOSITION OF CERTAIN SCHOOL PROPERTY BY AUTHORITY 
SEC. 5206. (a) IN GENERAL.—Subtitle C of title II of the District 
of Columbia Financial Responsibility and Management Assistance 
Act of 1995 is amended by adding at the end the following new 
section: 
"SEC. 225. DISPOSITION OF CERTAIN SCHOOL PROPERTY. 
"(a) POWER TO DISPOSE.—Notwithstanding any other provision 
of law relating to the disposition of a facility or property described 
in subsection (d), the Authority may dispose (by sale, lease, or 
otherwise) of any facility or property described in subsection (d). 
"(b) PREFERENCE FOR PUBLIC CHARTER SCHOOLS.—In disposing 
of a facility or property under this section, the Authority shall 
give preference to an eligible applicant (as defined in section 2002 
of the District of Columbia School Reform Act of 1995) whose 
petition to establish a public charter school has been conditionally 
approved under section 2203(d)(2) of such Act, or a Board of Trust-
ees (as defined in section 2002 of such Act) of such a public charter 
school, if doing so will not result in a significant loss of revenue 
that might be obtained from other dispositions or uses of the facility 
or property. 
"(c) USE OF PROCEEDS FROM DISPOSITION FOR SCHOOL REPAIR 
AND MAINTENANCE.— 
"(1) IN GENERAL.—^The Authority shall deposit any proceeds 
of the disposition of a facility or property under this section 
in the Board of Education Real Property Maintenance and 
Improvement Fund (as established by the Real Property Dis-
posal Act of 1990), to be used for the construction, maintenance, 
improvement, rehabilitation, or repair of buildings and grounds 
which are used for educational purposes for public and public 
charter school students in the District of Columbia. 
"(2) CONSULTATION.—In disposing of a facility or property 
under this section, the Authority shall consult with the Super-
intendent of Schools of the District of Columbia, the Mayor, 
the Council, the Administrator of General Services, and edu-
cation and community leaders involved in planning for an 
agency or authority that will design and administer a com-
prehensive long-term program for repair and improvement of 
District of Columbia public school facilities (as described in 
section 2552(a) of the District of Columbia School Reform Act 
of 1995). 
"(3) LEGAL EFFECT OF SALE.—^The Authority may dispose 
of a facility or property under this section by executing a 
proper deed and any other legal instrument for conveyance 
of title to the facility or property, and such deed shall convey 
good and valid title to the purchaser of the facility or property. 
"(d) FACILITY OR PROPERTY DESCRIBED.—^A faciUty or property 
described in this subsection is a facility or property which is 
described in section 2209(b)(1)(B) of the District of Columbia School 
Reform Act of 1995 and with respect to which the Authority has 
made the following determinations: 
"(1) The property is no longer needed for purposes of operat-
ing a District of Columbia public school (as defined in section 
2002 of the District of Columbia School Reform Act of 1995). 
"(2) The disposition of the property is in the best interests 
of education in the District of Columbia. 
110 STAT. 3009-509 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(3) The Mayor (or any other department or agency of 
the District government) has failed to make 
substantial 
progress toward disposing the property during the 90-day period 
which begins on the date the Board of Education transfers 
jurisdiction over the property to the Mayor (or, in the case 
of property which is described in section 2209(b)(1)(B) of such 
Act as of the date of the enactment of this section, during 
the 90-day period which begins on the date of the enactment 
of this section).". 
(b) 
CONTROL OVER BOARD OF EDUCATION REAL PROPERTY 
MAINTENANCE AND IMPROVEMENT FUND.— 
(1) IN GENERAL.—Section 2(b) of the Board of Education 
Real Property Disposal Act of 1990 (sec. 9-402(b), D.C. Code) 
is amended— 
(A) by amending the second sentence to read as follows: 
"Subject to paragraph (6), the District of Columbia Finan-
cial Responsibility and Management Assistance Authority 
shall administer the Fund and receive all pa3anents into 
the Fund that are required by law."; and 
(B) by adding at the end the following new paragraph: 
"(6) Upon the establishment of an agency or authority within 
the District of Columbia government to administer a public schools 
facilities revitalization plan pursuant to section 2552(a)(2) of the 
District of Columbia School Reform Act of 1995, such agency or 
authority shall administer the Fund and receive all payments into 
the Fund that are required by law.". 
(2) CONFORMING AMENDMENTS.—Section 2(b) of the Board 
of Education Real Property Disposal Act of 1990 (sec. 9-402(b), 
D.C. Code) is amended— 
(A) in the third sentence of paragraph (1), by striking 
"; provided that the Board" and all that follows and insert-
ing a period; and 
(B) by striking paragraph (5). 
(c) CLERICAL AMENDMENT.—^The table of contents of subtitle 
C of title II of the District of Columbia Financial Responsibility 
and Management Assistance Act of 1995 is amended by adding 
at the end the following new item: 
"Sec. 225. Disposition of certain school property.". 
CHAPTER 
3 
ENERGY 
AND 
WATER 
DEVELOPMENT 
DEPARTMENT 
OF 
DEFENSE—CIVIL 
DEPARTMENT 
OF 
THE 
ARMY 
CORPS OF ENGINEERS—CIVIL 
OPERATION AND MAINTENANCE, GENERAL 
For an additional amount for "Operation and Maintenance, 
General" for emergency expenses resulting from Hurricane Fran 
and other natural disasters of 1996, $19,000,000, to remain avail-
able until expended: Provided: That such amount is designated 
by Congress as an emergency requirement pursuant to section 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-510 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended. 
GENERAL PROVISION 
SEC. 5301. None of the funds appropriated in the Energy and 
Water Development Appropriations Act, 1997 may be made avail-
able to the Tennessee Valley Authority if the Tennessee Valley 
Authority is imposing a performance deposit in connection with 
residential shoreline alteration permits. 
CHAPTER 4 
LEGISLATIVE BRANCH 
HOUSE OF REPRESENTATIVES 
SALARIES AND EXPENSES 
(RESCISSION) 
Immediately upon enactment of this Act, of the funds appro-
priated in the Legislative Branch Appropriations Act, 1996, for 
the House of Representatives under the heading "SALARIES AND 
EXPENSES", there is rescinded $500,000, specified for the following 
heading and account: 
(1) "ALLOWANCES AND EXPENSES", $500,000, as fol-
lows: (A) "Government contributions to employees' life insur-
ance fund, retirement funds, Social Security fund, Medicare 
fund, health benefits fund, and worker's and unemployment 
compensation." 
JOINT ITEMS 
CAPITOL POLICE BOARD 
CAPITOL POLICE 
SALARIES 
(RESCISSION) 
Immediately upon enactment of this Act, of the funds appro-
priated under this heading in Pubhc Law 104-53, $3,000,000 are 
rescinded. 
GENERAL EXPENSES 
For an additional amount for the Capitol Police Board for 
necessary expenses for the design and installation of security sys-
tems for the Capitol buildings and grounds, $3,250,000, which shall 
remain available until expended. 
29-194 O - 96 - 22 : QL 3 Part 4 
110 STAT. 3009-511 
PUBLIC LAW 104-208—SEPT. 30, 1996 
ARCHITECT OF THE CAPITOL 
CAPITOL BUILDINGS AND GROUNDS 
CAPITOL BUILDINGS 
For an additional amount for "Capitol Buildings and Grounds, 
Capitol Buildings", $250,000, to remain available until expended, 
for architectural and engineering services related to the design 
and installation of security systems for Capitol buildings and 
grounds. 
SENATE OFFICE BUILDINGS 
Of the funds appropriated under the heading, "ARCHITECT 
OF THE CAPITOL, Capitol Buildings and Grounds, Senate office 
buildings" in Public Law 104-53, $650,000 shall remain available 
until September 30, 1997 for furniture, furnishings, and equipment 
for the Senate employees' child care center. 
GENERAL PROVISIONS 
CONGRESSIONAL AWARD ACT AMENDMENTS OF 1996 
SEC. 5401. (a) EXTENSION OF REQUIREMENTS REGARDING FINAN-
CIAL OPERATIONS OF CONGRESSIONAL AWARD PROGRAM; NONCOMPLI-
ANCE WITH REQUIREMENTS.—Section 5(c)(2)(A) of the Congressional 
Award Act (2 U.S.C. 804(c)(2)(A)) is amended by striking "and 
1994" and inserting "1994, 1995, 1996, 1997, and 1998". 
(b) TERMINATION.—Section 9 of the Congressional Award Act 
(2 U.S.C. 808) is amended by striking "October 1, 1995" and insert-
ing "October 1, 1999". 
2 use 808 note. 
(c) SAVINGS PROVISIONS.—During the period of October 1, 1995, 
through the date of the enactment of this section, all actions and 
functions of the Congressional Award Board under the Congres-
sional Award Act shall have the same effect as though no lapse 
or termination of the Congressional Award Board ever occurred. 
BILL EMERSON HALL IN THE HOUSE OF REPRESENTATIVES PAGE 
SCHOOL 
2 use 141 note. 
SEC. 5402. The Founders Hall instructional area in the House 
of Representatives Page School, located in the Thomas Jefferson 
Building of the Library of Congress, shall be known and designated 
as "Bill Emerson Hall". 
CHAPTER 5 
DEPARTMENT 
OF 
TRANSPORTATION 
FEDERAL AVIATION ADMINISTRATION 
OPERATIONS 
(AIRPORT AND AIRWAY TRUST FUND) 
For additional operating expenses of the Federal Aviation 
Administration for airport security activities, $57,900,000, to be 
derived from the Airport and Airway Trust Fund and to remain 
available until September 30, 1998: Provided, That of the funds 
PUBLIC LAW 104-208-5EPT. 30, 1996 
110 STAT. 3009-512 
provided, $8,900,000 shall be for establishment of additional explo-
sive detection K-9 teams at airports; $5,500,000 shall be for airport 
vulnerability assessments; $18,000,000 shall be for the hire of addi-
tional aviation security personnel: and $25,500,000 shall be for 
the hire of additional aviation safety inspectors and contract 
weather observers, air traffic controller training, and implementa-
tion of recommendations of the Federal Aviation Administration's 
"Ninety Day Safety Review", dated September 16, 1996: Provided 
further. That such amount is designated by Congress as an emer-
gency requirement pursuant to section 251(b)(2XD)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985, as amend-
ed. 
FACILITIES AND EQUIPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For additional necessary expenses for "Facilities and Equip-
ment", $147,700,000, to be derived from the Airport and Airway 
Trust Fund and to remain available until September 30, 1999: 
Provided, That of the funds provided, $144,200,000 shall only be 
for non-competitive contracts or cooperative agreements with air 
carriers and airport authorities, which provide for the Federal Avia-
tion Administration to purchase smid assist in installation of 
advanced security equipment for the use of such entities and 
$3,500,000 shall be for accelerated development and deployment 
of the Online Aviation Safety Information System: 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. 
RESEARCH, ENGINEERING, AND DEVELOPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For an additional amount for "Research, Engineering, and 
Development", $21,000,000, to be derived from the Airport and 
Airway Trust Fund and to remain available until September 30, 
1999: Provided, That the funds provided shall only be for aviation 
security research and operational testing of document trace scan-
ners and explosive detection portals for airport passengers: Provided 
further, That such amount is designated by Congress as an emer-
gency requirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985, as amend-
ed. 
GRANTS-IN-AID FOR AIRPORTS 
(AIRPORT AND AIRWAY TRUST FUND) 
(RESCISSION OF CONTRACT AUTHORIZATION) 
Of the available contract authority balances under this heading, 
$50,000,000 are rescinded. 
110 STAT. 3009-513 
PUBLIC LAW 104-208—SEPT. 30, 1996 
FEDERAL HIGHWAY ADMINISTRATION 
HIGHWAY-RELATED SAFETY GRANTS 
(HIGHWAY TRUST FUND) 
(RESCISSION OF CONTRACT AUTHORIZATION) 
Of the available contract authority balances under this heading, 
$9,100,000 are rescinded. 
FEDERAL-AID HIGHWAYS 
(HIGHWAY TRUST FUND) 
For an additional amount for "Emergency Relief Program" for 
emergency expenses resulting from Hurricanes Fran and Hortense 
and for other disasters, as authorized by 23 U.S.C. 125, $82,000,000, 
to be derived from the Highway Trust Fund and 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 Con-
trol Act of 1985, as amended. 
MOTOR CARRIER SAFETY GRANTS 
(HIGHWAY TRUST FUND) 
(RESCISSION OF CONTRACT AUTHORIZATION) 
Of the available contract authority balances under this heading, 
$12,300,000 are rescinded. 
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
HIGHWAY TRAFFIC SAFETY GRANTS 
(HIGHWAY TRUST FUND) 
(RESCISSION OF CONTRACT AUTHORIZATION) 
1 
Of the available contract authority balances under this heading, 
$ 11,800,000 are rescinded. 
FEDERAL RAILROAD ADMINISTRATION 
NORTHEAST CORRIDOR IMPROVEMENT PROGRAM 
For additional necessary expenses related to Northeast Corridor 
improvements authorized by title VII of the Railroad Revitalization 
and Regulatory Reform Act of 1976, as amended (45 U.S.C. 851 
et seq.) and 49 U.S.C. 24909, $60,000,000, to remain available 
until September 30, 1999. 
DIRECT LOAN FINANCING PROGRAM 
Notwithstanding any other provision of law, $58,680,000, for 
direct loans not to exceed $400,000,000 consistent with the purposes 
of section 505 of the Railroad Revitalization and Regulatory Reform 
Act of 1976 (45 U.S.C. 825) as in effect on September 30, 1988, 
to the Alameda Corridor Transportation Authority to continue the 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-514 
Alameda Corridor Project, including replacement of at-grade rail 
lines with a below-grade corridor and widening of the adjacent 
major highway: Provided, That loans not to exceed the following 
amounts shall be made on or after the first day of the fiscal 
year indicated: 
Fiscal year 1997 
$140,000,000 
Fiscal year 1998 
$140,000,000 
Fiscal year 1999 
$120,000,000 
Provided further, That any loan authorized under this section shall 
be structured with a maximum 30-year repayment after completion 
of construction at an annual interest rate of not to exceed the 
30-year United States Treasury rate and on such terms and condi-
tions as deemed appropriate by the Secretary of Transportation: 
Provided further, That specific provisions of section 505 (a), (b) 
and (d) through (h) shall not apply: Provided further, That the 
Alameda Corridor Transportation Authority shall be deemed to 
be a financially responsible person for purposes of section 505 
of the Act. 
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION 
For additional expenses necessary for "Grants to the National 
Railroad Passenger Corporation", $22,500,000 for operating losses, 
to remain available until September 30, 1997: Provided, 
That 
amounts made available shall only be used to continue service 
on routes the National Railroad Passenger Corporation currently 
plans to terminate. 
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION 
RESEARCH AND SPECIAL PROGRAMS 
For additional expenses necessary for "Research and Special 
Programs" to conduct vulnerability and threat assessments of the 
nation's transportation system, $3,000,000, to remain available until 
September 30, 1999: Provided, That the entire amount is designated 
by Congress as an emergency requirement pursuant to section 
25 l(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended. 
NATIONAL TRANSPORTATION SAFETY BOARD 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses", 
$6,000,000, to reimburse other federal agencies for previously 
incurred costs of recovering wreckage from TWA flight 800, and 
for other costs related to the TWA 800 accident investigation: 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. 
EMERGENCY FUND 
For necessary expenses of the National Transportation Safety 
Board for accident investigations, including hire of passenger motor 
vehicles and aircraft; services as authorized by 5 U.S.C. 3109, 
110 STAT. 3009-515 
PUBLIC LAW 104-208—SEPT. 30, 1996 
but at rates for individuals not to exceed the per diem rate equiva-
lent to the rate for a GS-18; uniforms, or allowances therefor, 
as authorized by law (5 U.S.C. 5901-5902), $1,000,000: 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 
SEC. 5501. In fiscal year 1997, the Administrator of the Federal 
Aviation Administration may establish at individual airports such 
consortia of government and aviation industry representatives as 
the Administrator may designate to provide advice on matters 
related to aviation security and safety: Provided, That such consor-
tia shall not be considered Federal advisory committees. 
SEC. 5502. In cases where an emergency ocean condition causes 
erosion of a bank protecting a scenic highway or bjrway, fiscal 
year 1996 or fiscal year 1997 Federal Highway Administration 
Emergency Relief funds can be used to halt the erosion and stabilize 
the bank if such action is necessary to protect the highway from 
imminent failure and is less expensive than highway relocation. 
SEC. 5503. Of the funds deducted under 23 U.S.C. subsection 
104(a) for fiscal year 1997, $30,000,000 shall be available for alloca-
tion to States authorized by section 1069(y) of Public Law 102-
240. 
SEC. 5504. CONVEYANCE OF PROPERTY IN TRAVERSE CITY, 
MICHIGAN, (a) AUTHORITY TO CONVEY.—^The Secretary of Transpor-
tation (or any other official having control over the property 
described in subsection (b)) shall expeditiously convey to the Tra-
verse City Area Public School District in Traverse City, Michigan, 
without consideration, all right, title, and interest of the United 
States in and to the property identified, described, and determined 
by the Secretary under subsection (b), subject to all easements 
and other interests in the property held by any other person. 
(b) IDENTIFICATION OF PROPERTY.—^The Secretary shall identify, 
describe, and determine the property to be conveyed pursuant to 
this section. 
(c) REVERSIONARY INTEREST.—In addition to any term or condi-
tion established pursuant to subsection (a) or (d), any conveyance 
of property described in subsection (b) shall be subject to the condi-
tion that all right, title, and interest in and to the property so 
conveyed shall immediately revert to the United States if the prop-
erty, or any part thereof, ceases to be used by the Traverse City 
Area Public School District. 
(d) TERMS OF CONVEYANCE.—^The conveyance of property under 
this section shall be subject to such conditions as the Secretary 
considers to be necessary to assure that— 
(1) the pump room located on the property shall continue 
to be operated and maintained by the United States for as 
long as it is needed for this purpose; 
(2) the United States shall have an easement of access 
to the property for the purpose of operating and maintaining 
the pump room; and 
(3) the United States shall have the right, at any time, 
to enter the property without notice for the purpose of operating 
and maintaining the pump room. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-516 
SEC. 5505. AUTHORITY TO CONVEY WHITEFISH POINT LIGHT 
STATION LAND. 
(a) AUTHORITY TO CONVEY.— 
(1) IN GENERAL.—Except as otherwise provided in this sec-
tion, the Secretary of the Interior (in this section referred 
to as the "Secretary") may convey, by an appropriate means 
of conveyance, all right, title, and interest of the United States 
in 1 of the 3 parcels comprising the land on which the United 
States Coast Guard Whitefish Point Light Station is situated 
(in this section referred to as the "Property"), to each of the 
Great Lakes Shipwreck Historical Society, located in Sault 
Ste. Marie, Michigan, the United States Fish and Wildlife Serv-
ice, and the Michigan Audubon Society (each of which is 
referred to in this section as a "recipient"), subject to all ease-
ments, conditions, reservations, exceptions, and restrictions con-
tained in prior conveyances of record. 
(2) LIMITATION.—^Notwithstanding paragraph (1), the Sec-
retary shall retain for the United States all right, title, and 
interest in— 
(A) any historical artifact, including any lens or lan-
tern, and 
(B) the light, antennas, sound signal, towers, associated 
lighthouse equipment, and any electronic navigation equip-
ment, which are active aids to navigation, 
which is located on the Property, or which relates to the Prop-
erty. 
(3) IDENTIFICATION OF THE PROPERTY.—The Secretary may 
identify, describe, and determine the parcels to be conveyed 
pursuant to this section. 
(4) RIGHTS OF ACCESS.—If necessary to ensure access to 
a public roadway for a parcel conveyed under this section, 
the Secretary shall convey with the parcel an appropriate 
appurtenant easement over another parcel conveyed under this 
section. 
(5) EASEMENT FOR PUBLIC ALONG SHORELINE.—In each 
conveyance under this section of property located on the shore-
line of Lake Superior, the Secretary shall retain for the public, 
for public walkway purposes, a right-of-way along the shoreline 
that extends 30 feet inland from the mean high water line. 
(b) TERMS AND CONDITIONS.— 
(1) IN GENERAL.—^Any conveyance pursuant to subsection 
(a) shall be made— 
(A) without payment of consideration; and 
(B) subject to such terms and conditions as the Sec-
retary considers appropriate. 
(2) MAINTENANCE OF NAVIGATION FUNCTIONS.—^The Sec-
retary shall ensure that any conveyance pursuant to this section 
is subject to such conditions as the Secretary considers to 
be necessary to assure that— 
(A) the light, antennas, sound signal, towers, and asso-
ciated lighthouse equipment, and any electronic navigation 
equipment, which are located on the Property and which 
are active aids to navigation shall continue to be operated 
and maintained by the United States for as long as they 
are needed for this purpose; 
110 STAT. 3009-517 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(B) the recipients may not interfere or allow inter-
ference in any manner with such aids to navigation without 
express written permission from the United States; 
(G) there is reserved to the United States the right 
to relocate, replace, or add any aids to navigation, or make 
any changes on any portion of the Property as may be 
necessary for navigation purposes; 
(D) thfe United States shall have the right, at any 
time, to enter-the Property without notice for the purpose 
of maintaining aids to navigation; 
(E) the United States shall have— 
(i) an easement of access to and across the Property 
for the purpose of maintaining the aids to navigation 
and associated equipment in use on the Property; and 
(ii) an easement for an arc of visibility; and 
(F) the United States shall not be responsible for the 
cost and expense of maintenance, repair, and upkeep of 
the Property. 
(3) MAINTENANCE OBLIGATION.—^The recipients shall not 
have any obligation to maintain any active aid to navigation 
equipment on any parcel conveyed pursuant to this section. 
(c) PROPERTY TO BE MAINTAINED IN ACCORDANCE WITH CER-
TAIN LAWS.—Each recipient shall maintain the parcel conveyed 
to the recipient pursuant to subsection (a) in accordance with the 
provisions of the National Historic Preservation Act (16 U.S.C. 
470 et seq.), and other applicable laws. 
(d) MAINTENANCE STANDARD.—Each recipient shall maintain 
the parcel conveyed to the recipient pursuant to subsection (a), 
at its own cost and expense, in a proper, substantial, and 
workmanlike manner, including the easements of access, the ease-
ment for an arc of visibility, the nuisance easement, and the under-
ground easement. 
(e) SHARED USE AND OCCUPANCY AGREEMENT.—^The Secretary 
shall require, as a condition of each conveyance of property under 
this section, that all of the recipients have entered into the same 
agreement governing the shared use and occupancy of the existing 
Whitefish Point Light Station facilities. The agreement shall be 
drafted by the recipients and shall include— 
(1) terms governing building occupancy and access of recipi-
ent staff and public visitors to public restrooms, the auditorium, 
and the parking lot; and 
(2) terms requiring that each recipient shall be responsible 
for paying a pro rata share of the costs of operating and 
maintaining the existing Whitefish Point Light Station facili-
ties, that is based on the level of use and occupancy of the 
facilities by the recipient. 
(f) LIMITATIONS ON DEVELOPMENT AND IMPAIRING USES.—It 
shall be a term of each conveyance under this section that— 
(1) no development of new facilities or expansion of existing 
facilities or infrastructure on property conveyed under this 
section may occur, except for purposes of implementing the 
Whitefish Point Comprehensive Plan of October 1992 or for 
a gift shop, unless— 
(A) each of the recipients consents to the development 
or expansion in writing; 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-518 
(B) there has been a reasonable opportunity for pubUc 
comment on the development or expansion, and full consid-
eration has been given to such public comment as is pro-
vided; and 
(C) the development or expansion is consistent with 
preservation of the Property in its predominantly natural, 
scenic, historic, and forested condition; and 
(2) any use of the Property or any structure located on 
the property which may impair or interfere with the conserva-
tion values of the Property is expressly prohibited, 
(g) REVISIONARY INTEREST.— 
(1) IN GENERAL.—^All right, title, and interests in and to 
property and interests conveyed under this section shall revert 
to the United States and thereafter be administered by the 
Secretary of Interior acting through the Director of the United 
States Fish and Wildlife Service, if— 
(A) in the case of such property and interests conveyed 
to the Great Lakes Shipwreck Historical Society, the prop-
erty or interests cease to be used for the purpose of histori-
cal interpretation; 
(B) in the case of such property and interests conveyed 
to the Michigan Audubon Society, the property or interests 
cease to be used for the purpose of environmental protec-
tion, research, and interpretation; or 
(C) in the case any property and interests conveyed 
to a recipient referred to in subparagraph (A) or (B)— 
(i) there is any violation of any term or condition 
of the conveyance to that recipient; or 
(ii) the recipient has ceased to exist. 
(2) AUTHORITY TO ENFORCE REVERSIONARY INTEREST.—^The 
Secretary of the Interior, acting through the Director of the 
United States Fish and Wildlife Service, shall have the author-
i t y -
(A) to determine for the United States (Government 
whether any act or omission of a recipient results in a 
reversion of property and interests under paragraph (1); 
and 
(B) to initiate a civil action to enforce that reversion, 
after notifying the recipient of the intent of the Secretary 
of the Interior to initiate that action. 
(3) MAINTENANCE OF NAVIGATION FUNCTIONS.—In the event 
of a reversion of property under this subsection, the Secretary 
of the Interior shall administer the property subject to any 
conditions the Secretary of Transportation considers to be nec-
essary to maintain the navigation functions. 
SEC. 5506. CONVEYANCE OF LIGHTHOUSES. 
(a) AUTHORITY TO CONVEY.— 
(1) IN GENERAL.—The Secretary of Transportation or the 
Secretary of the Interior, as appropriate, shall convey, by an 
appropriate means of conveyance, all right, title, and interest 
of the United States in and to each of the following properties: 
(A) Saint Helena Island Light Station, located in MacK-
inac County, Moran Township, Michigan, to the Great 
Lakes Lighthouse Keepers Association. 
(B) Presque Isle Light Station, located in Presque Isle 
Township, Michigan, to Presque Isle Township, Presque 
Isle County, Michigan. 
110 STAT. 3009-519 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(2) IDENTIFICATION OF PROPERTY.—^The Secretary may iden-
tify, describe, and determine the property to be conveyed under 
this subsection. 
(3) EXCEPTION.—^The Secretary may not convey any histori-
cal artifact, including any lens or lantern, located on the prop-
erty at or before the time of the conveyance. 
(b) TERMS OF CONVEYANCE.— 
(1) IN GENERAL.—^The conveyance of property under this 
section shall be made— 
(A) without payment of consideration; and 
(B) subject to the conditions required by this section 
and other terms and conditions the Secretary may consider 
appropriate. 
(2) REVERSIONARY INTEREST.—In addition to any term or 
condition established under this section, the conveyance of prop-
erty under this subsection shall be subject to the condition 
that all right, title, and interest in the property shall imme-
diately revert to the United States if— 
(A) the property, or any part of the property— 
(i) ceases to be used as a nonprofit center for 
the interpretation and preservation of maritime his-
tory; 
(ii) ceases to be maintained in a manner that 
ensures its present or future use as a Coast Guard 
aid to navigation; or 
(iii) ceases to be maintained in a manner consistent 
with the provisions of the National Historic Preserva-
tion Act of 1966 (16 U.S.C. 470 et seq.); or 
(B) at least 30 days before that reversion, the Secretary 
of Transportation provides written notice to the owner that 
the property is needed for national security purposes. 
(3) MAINTENANCE OF NAVIGATION FUNCTIONS.—A convey-
ance of property under this section shall be made subject to 
the conditions that the Secretary of Transportation considers 
to be necessary to assure that— 
(A) the lights, antennas, sound signal, electronic 
navigation equipment, and associated lighthouse equip-
ment located on the property conveyed, which are active 
aids to navigation, shall continue to be operated and main-
tained by the United States for as long as they are needed 
for this purpose; 
(B) the owner of the property may not interfere or 
allow interference in any manner with aids to navigation 
without express written permission from the Secretary of 
Transportation; 
(C) there is reserved to the United States the right 
to relocate, replace or add any aid to navigation or make 
any changes to the property as may be necessary for 
navigational purposes; 
(D) the United States shall have the right, at any 
time, to enter the property without notice for the purpose 
of maintaining aids to navigation; and 
(E) the United States shall have an easement of access 
to and across the property for the purpose of maintaining 
the aids to navigation in use on the property. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-520 
(4) OBLIGATION LIMITATION.—^The owner of property con-
veyed under this section is not required to maintain any active 
aid to navigation equipment on the property. 
(5) PROPERTY TO BE MAINTAINED IN ACCORDANCE WITH CER-
TAIN LAWS.—^The owner of property conveyed under this section 
shall maintain the property in accordance with the National 
Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) and 
other applicable laws. 
(c) MAINTENANCE STANDARD.—^The owner of any property con-
veyed under this section, at its own cost and expense, shall maintain 
the property in a proper, substantial, and workmanlike manner. 
(d) DEFINITIONS.—^For purposes of this section: 
(1) the term "owner" means the person identified in sub-
section a(l)(A) and (B), and includes any successor of assign 
of that person. 
(2) The term "Presque Isle Light Station" includes the 
light tower, attached dwelling, detached dwelling, 3-car garage, 
and any other improvements on that parcel of land. 
CHAPTER 6 
DEPARTMENT 
OF 
THE 
TREASURY 
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS 
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM 
ACCOUNT 
For an additional amount for "Community Development Finan-
cial Institutions Fund Program Account" for grants, loans, and 
technical assistance to qualifying community development lenders, 
$5,000,000, to remain available until September 30, 1998, of which 
$850,000 may be used for the cost of direct loans: Provided, That 
the cost of direct loans, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget 
Act of 1974. 
ENVIRONMENTAL PROTECTION AGENCY 
SCIENCE AND TECHNOLOGY 
For an additional amount for "Science and Technology", 
$10,000,000, to remain available until September 30, 1998, to con-
duct health effects research to carry out the purposes of the Safe 
Drinking Water Act Amendments of 1996, Public Law 104^182. 
ENVIRONMENTAL PROGRAMS AND MANAGEMENT 
For an additional amount for "Environmental Programs and 
Management", $42,221,000, to remain available until September 
30, 1998, of which $30,000,000 is to carry out the purposes of 
the Safe Drinking Water Act Amendments of 1996, Public Law 
104-182, and the purposes of the Food Quality Protection Act 
of 1996, Pubhc Law 104-170, and of which $10,221,000 is for 
pesticide residue data collection for use in risk assessment activities. 
110 STAT. 3009-521 
PUBLIC LAW 104-208—SEPT. 30, 1996 
STATE AND TRIBAL ASSISTANCE GRANTS 
For an additional amount for "State and Tribal Assistance 
Grants", $35,000,000, to remain available until expended, for a 
grant to the City of Boston, Massachusetts, subject to an appropriate 
cost share as determined by the Administrator, for the construction 
of wastewater treatment facilities. 
FEDERAL EMERGENCY MANAGEMENT AGENCY 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses" to 
increase Federal, State, and local preparedness for mitigating and 
responding to the consequences of terrorism, $3,000,000. 
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE 
For an additional amount for "Emergency Management Plan-
ning and Assistance" to increase Federal, State, and local prepared-
ness for mitigating and responding to the consequences of terrorism, 
$12,000,000. 
NATIONAL FLOOD INSURANCE FUND 
Section 1309(a)(2) of the National Flood Insurance Act (42 
U.S.C. 4016(a)(2)), is amended by striking "$1,000,000,000" and 
inserting in lieu thereof "$1,500,000,000 through September 30, 
1997, and $1,000,000,000 thereafter". 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
OFFICE OF C O N S U M E R AFFAIRS 
For necessary expenses of the Office of Consumer Affairs, 
including services authorized by 5 U.S.C. 3109, but at rates for 
individuals not to exceed the per diem rate equivalent to the rate 
for GS-18, $1,500,000: Provided, That none of the funds provided 
under this heading may be made available for any other activities 
within the Department of Health and Human Services. 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
SCIENCE, AERONAUTICS AND TECHNOLOGY 
For an additional amount for "Science, Aeronautics and Tech-
nology", $5,000,000, to remain available until September 30, 1998. 
CHAPTER 7 
INTERNATIONAL SECURITY ASSISTANCE 
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED 
PROGRAMS 
For an additional amount for nonproliferation, anti-terrorism 
and related programs and activities, $18,000,000, to carry out the 
provisions of chapter 8 of part II of the Foreign Assistance Act 
of 1961 for anti-terrorism assistance. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-522 
FOREIGN MILITARY FINANCING PROGRAM 
For an additional amount for grants to enable the President 
to carry out the provisions of section 23 of the Arms Export Control 
Act, $60,000,000. 
PEACEKEEPING OPERATIONS 
For necessary expenses to carry out the provisions of section 
551 of the Foreign Assistance Act of 1961, $65,000,000: Provided, 
That none of the funds appropriated under this paragraph shall 
be obligated or expended except as provided through the regular 
notification procedures of the Committees on Appropriations. 
CHAPTER 8 
GENERAL PROVISIONS 
SEC. 5801. Of the amounts made available in Title IV of the 
Department of Defense Appropriations Act, 1997, under the heading 
"Research, Development, Test and Evaluation, Defense-Wide", 
$56,232,000 shall be made available only for the Corps Surface-
to-Air Missile (CORPS SAM) program. 
SEC. 5802. There is hereby established on the books of the 
10 USC 2012 
Treasury an account, "Support for International Sporting Competi- note, 
tions, Defense" (hereinafter referred to in this section as the 
"Account") to be available until expended for logistical and security 
support for international sporting competitions (other than pay 
and non-travel-related allowances of members of the Armed Forces 
of the United States, except for members of the reserve components 
thereof called or ordered to active duty in connection with providing 
such support): Provided, That there shall be credited to the Account: 
(a) unobligated balances of the funds appropriated in Public Laws 
103-335 and 104-61 under the headings "Summer Olympics"; (b) 
any reimbursements received by the Department of Defense in 
connection with support to the 1993 World University Games; the 
1994 World Cup Games; and the 1996 Games of the XXVI Olympiad 
held in Atlanta, Georgia; (c) any reimbursements received by the 
Department of Defense after the date of enactment of this Act 
for logistical and security support provided to international sporting 
competitions; and (d) amounts specifically appropriated to the 
Account, £dl to remain available until expended: Provided 
further, 
That none of the funds made available to the Account may be 
obligated until 45 days after the congressional defense committees 
have been notified in writing by the Secretary of Defense as to 
the purpose for which these funds will be obligated. 
SEC. 5803. In addition to the amounts made available in Title 
IV of the Department of Defense Appropriations Act, 1997, under 
the heading "Research, Development, Test and Evaluation, Defense-
Wide", $100,000,000 is hereby appropriated and made available 
only for the Dual-Use Applications Program. 
110 STAT. 3009-523 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Oregon Resource 
DIVISION B—OREGON RESOURCE 
coj^rvationAct 
CONSERVATION ACT OF 1996 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Oregon Resource Conservation 
Act of 1996". 
Opal cr^ek 
TITLE I—OPAL CREEK WILDERNESS 
™Sr"' 
AND SCENIC RECREATION AREA 
Scenic Recreation 
Area Act of 1996. 
16 use 545b 
SEC. 101. SHORT TITLE. 
^ 
This title may be cited as the "Opal Creek Wilderness and 
Opal Creek Scenic Recreation Area Act of 1996". 
SEC. 102. DEFINITIONS. 
In this title: 
(1) BULL OF THE WOODS WILDERNESS.—^The term "Bull of 
the Woods Wilderness" means the land designated as wilder-
ness by section 3(4) of the Oregon Wilderness Act of 1984 
(PubHc Law 9&-328; 16 U.S.C. 1132 note). 
(2) OPAL CREEK WILDERNESS.—^The term "Opal Creek 
Wilderness" means certain land in the Willamette National 
Forest in the State of Oregon comprising approximately 12,800 
acres, as generally depicted on the map entitled "Proposed 
Opal Creek Wilderness and Scenic Recreation Area", dated 
July 1996. 
(3) SCENIC RECREATION AREA.—^The term "Scenic Recreation 
Area" means the Opal Creek Scenic Recreation Area, compris-
ing approximately 13,000 acres, as generally depicted on the 
map entitled "Proposed Opal Creek Wilderness and Scenic 
Recreation Area", dated July 1996 and established under sec-
tion 104(a)(3) of this title. 
(4) SECRETARY.—^The term "Secretary" means the Secretary 
of Agriculture. 
SEC 103. PURPOSES. 
The purposes of this title are: 
(1) to establish a wilderness and scenic recreation area 
to protect and provide for the enhancement of the natural, 
scenic, recreational, historic, and cultural resources of the area 
in the vicinity of Opal Creek; 
(2) to protect and support the economy of the communities 
in the Santiam Canyon; and 
(3) to provide increased protection for an important drink-
ing water source for communities served by the north Santiam 
River. 
16 use 1132 
SEC. 104. ESTABLISHMENT OF OPAL CREEK WILDERNESS AND SCENIC 
note. 
RECREATION AREA. 
(a) ESTABLISHMENT.—On a determination by the Secretary 
under subsection (b)— 
(1) the Opal Creek Wilderness, as depicted on the map 
described in section 102(2), is hereby designated as wilderness, 
subject to the provisions of the Wilderness Act of 1964, shall 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-524 
become a component of the National Wilderness System, and 
shall be known as the Opal Creek Wilderness; 
(2) the part of the Bull of the Woods Wilderness that 
is located in the Willamette National Forest shall be incor-
porated into the Opal Creek Wildnerness; and 
(3) the Secretary shall establish the Opal Creek Scenic 
Recreation Area in the Willamette National Forest in the State 
of Oregon, comprising approximately 13,000 acres, as generally 
" depicted on the map described in section 102(3). 
(b) CONDITIONS.—^The designations in subsection (a) shall not 
take effect unless the Secretary makes a determination, not later 
than 2 years after the date of enactment of this title, that the 
following conditions have been met: 
(1) the following have been donated to the United States 
in an acceptable condition and without encumbrances— 
(A) all right, title, and interest in the following pat-
ented parcels of land— 
(i) Santiam number 1, mineral survey number 992, 
as described in patent number 39-92-0002, dated 
December 11, 1991; 
(ii) Ruth Quartz Mine number 2, mineral survey 
number 994, as described in patent number 39-91-
0012, dated February 12, 1991; 
(iii) Morning Star Lode, mineral survey number 
993, as described in patent number 36-91-0011, dated 
February 12, 1991; 
(B) all right, title, and interest held by any entity 
other than the Times Mirror Land and Timber Company, 
its successors and assigns, in and to lands located in section 
18, township 8 south, range 5 east, Marion County, Oregon, 
Eureka numbers 6, 7, 8, and 13 mining claims; and 
(C) an easement across the Hewitt, Starvation, and 
Poor Boy Mill Sites, mineral survey number 990, as 
described in patent number 36-91-0017, dated May 9, 
1991. In the sole discretion of the Secretary, such easement 
may be limited to administrative use if an alternative 
access route, adequate and appropriate for public use, is 
provided. 
(2) a binding agreement has been executed by the Secretary 
and the owners of record as of March 29, 1996, of the following 
interests, specifying the terms and conditions for the disposition 
of such interests to the United States Government— 
(A) the lode mining claims known as Princess Lode, 
Black Prince Lode, and King number 4 Lode, embracing 
portions of sections 29 and 32, township 8 south, range 
5 east, Willamette Meridian, Marion County, Oregon, the 
claims being more particularly described in the field notes 
and depicted on the plat of mineral survey number 887, 
Oregon; and 
(B) Ruth Quartz Mine number 1, mineral survey num-
ber 994, as described in patent number 39-91-0012, dated 
February 12, 1991. 
(c) ADDITIONS TO THE WILDERNESS AND SCENIC RECREATION 
AREAS.— 
(1) Lands or interests in lands conveyed to the United 
States under this section shall be included in and become 
110 STAT. 3009-525 
PUBLIC LAW 104-208—SEPT. 30, 1996 
part of, as appropriate, Opal Creek Wilderness or the Opal 
Creek Scenic Recreation Area. 
(2) On acquiring all or substantially all of the land located 
in section 36, township 8 south, range 4 east, of the Willamette 
Meridian, Marion County, Oregon, commonly known as the 
Rosboro section, by exchange, purchase from a willing seller, 
or by donation, the Secretary shall expand the boundary of 
the Scenic Recreation Area to include such land. 
(3) On acquiring all or substantially all of the land located 
in section 18, township 8 south, range 5 east, Marion County, 
Oregon, commonly known as the Times Mirror property, by 
exchange, purchase from a willing seller, or by donation, such 
land shall be included in and become a part of the Opal Creek 
Wilderness. 
SEC. 105. ADMINISTRATION OF THE SCENIC RECREATION AREA. 
(a) IN GENERAL.—^The Secretary shall administer the Scenic 
Recreation Area in accordance with this title and the laws (including 
regulations) applicable to the National Forest System. 
(b) OPAL CREEK MANAGEMENT PLAN.— 
(1) IN GENERAL.—^Not later than 2 years after the date 
of establishment of the Scenic Recreation Area, the Secretary, 
in consultation with the advisory committee established under 
section 106(a), shall prepare a comprehensive Opal Creek 
Management Plan (Management Plan) for the Scenic Recreation 
Area. 
(2) INCORPORATION IN LAND AND RESOURCE MANAGEMENT 
PLAN.—Upon its completion, the Opal Creek Management Plan 
shall become part of the land and resource management plan 
for the Willamette National Forest and supersede any conflict-
ing provision in such land and resource management plan. 
Nothing in this paragraph shall be construed to supersede 
the requirements of the Endangered Species Act or the National 
Forest Management Act or regulations promulgated under those 
Acts, or any other law. 
(3) REQUIREMENTS.—^The Opal Creek Management Plan 
shall provide for a broad range of land uses, including— 
(A) recreation; 
(B) harvesting of nontraditional forest products, such 
as gathering mushrooms and material to make baskets; 
and 
(C) educational and research opportunities. 
(4) PLAN AMENDMENTS.—The Secretary may amend the 
Opal Creek Management Plan as the Secretary may determine 
to be necessary, consistent with the procedures and purposes 
of this title. 
(c) RECREATION.— 
(1) RECOGNITION.—Congress recognizes recreation as an 
appropriate use of the Scenic Recreation Area. 
(2) MINIMUM LEVELS.—^The management plan shall permit 
recreation activities at not less than the levels in existence 
on the date of enactment of this title. 
(3) HIGHER LEVELS.—^The management plan may provide 
for levels of recreation use higher than the levels in existence 
on the date of enactment of this title if such uses are consistent 
with the protection of the resource values of Scenic Recreation 
Area. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-526 
(4) The management plan may include public trail access 
through section 28, township 8 south, range 5 east, Willamette 
Meridian, to Battle Axe Creek, Opal Pool and other areas 
in the Opal Creek Wilderness and the Opal Creek Scenic Recre-
ation Area. 
(d) TRANSPORTATION PLANNING.— 
(1) IN GENERAL.—Except as provided in this subparagraph, 
motorized vehicles shall not be permitted in the Scenic Recre-
ation Area. To maintain reasonable motorized and other access 
to recreation sites and facilities in existence on the date of 
enactment of this title, the Secretary shall prepare a transpor-
tation plan for the Scenic Recreation Area that: 
(A) evaluates the road network within the Scenic Recre-
ation Area to determine which roads should be retained 
and which roads should be closed; 
(B) provides guidelines for transportation and access 
consistent with this title; 
(C) considers the access needs of persons with disabil-
ities in preparing the transportation plan for the Scenic 
Recreation Area; 
(D) allows forest road 2209 beyond the gate to the 
Scenic Recreation Area, as depicted on the map described 
in 102(2), to be used by motorized vehicles only for adminis-
trative purposes and for access by private inholders, subject 
to such terms and conditions as the Secretary may deter-
mine to be necessary; and 
(E) restricts construction on or improvements to forest 
road 2209 beyond the gate to the Scenic Recreation Area 
to maintaining the character of the road as it existed 
upon the date of enactment of this title, which shall not 
include paving or widening. In order to comply with sub-
section 107(b) of this title, the Secretary may make 
improvements to forest road 2209 and its bridge structures 
consistent with the character of the road as it existed 
on the date of enactment of this title. 
(e) HUNTING AND FISHING.— 
(1) IN GENERAL.—Subject to applicable Federal and State 
law, the Secretary shall permit hunting and fishing in the 
Scenic Recreation Area. 
(2) LIMITATION.—^The Secretary may designate zones in 
which, and establish periods when, no hunting or fishing shall 
be permitted for reasons of public safety, administration, or 
public use and enjoyment of the Scenic Recreation Area. 
(3) CONSULTATION.—Except during an emergency, as deter-
mined by the Secretary, the Secretary shall consult with the 
Oregon State Department of Fish and Wildlife before issuing 
any regulation under this subsection. 
(f) TIMBER CUTTING.— 
(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
shall prohibit the cutting and/or selling of trees in the Scenic 
Recreation Area. 
(2) PERMITTED CUTTING.— 
(A) IN GENERAL.—Subject to subparagraph (B), the Sec-
retary may allow the cutting of trees in the Scenic Recre-
ation Area only— 
(i) for public safety, such as to control the contin-
ued spread of a forest fire in the Scenic Recreation 
110 STAT. 3009-527 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Area or on land adjacent to the Scenic Recreation 
Area; 
(ii) for activities related to administration of the 
Scenic Recreation Area, consistent with the Opal Creek 
Management Plan; or 
(iii) for removal of hazard trees along trails and 
roadways. 
(B) SALVAGE SALES.—^The Secretary may not allow a 
salvage sale in the Scenic Recreation Area. 
(g) WITHDRAWAL.— 
(1) Subject to valid existing rights, all lands in the Scenic 
Recreation Area are withdrawn from— 
(i) any form of entry, appropriation, or disposal under 
the public land laws; 
(ii) location, entry, and patent under the mining laws; 
and 
(iii) disposition under the mineral and geothermal leas-
ing laws, 
(h) BoRNiTE PROJECT.— 
(1) Nothing in this title shall be construed to interfere 
with or approve any exploration, mining, or mining-related 
activity in the Bomite Project Area, depicted on the map 
described in subsection 102(3), conducted in accordance with 
applicable laws. 
(2) Nothing in this title shall be construed to interfere 
with the ability of the Secretary to approve and issue, or 
deny, special use permits in connection with exploration, min-
ing, and mining-related activities in the Bornite Project Area. 
(3) Motorized vehicles, roads, structures, and utilities 
(including but not limited to power lines and water lines) may 
be allowed inside the Scenic Recreation Area to serve the activi-
ties conducted on land within the Bomite Project. 
(4) After the date of enactment of this title, no patent 
or claim shall be issued for any mining claim under the general 
mining laws located within the Bornite Project Area. 
(i) 
WATER 
IMPOUNDMENTS.—Notwithstanding 
the 
Federal 
Power Act (16 U.S.C. 791a et seq.), the Federal Energy Regulatory 
Commission may not license the construction of any dam, water 
conduit, reservoir, powerhouse, transmission line, or other project 
work in the Scenic Recreation Area, except as may be necessary 
to comply with the provisions of subsection 105(h) with regard 
to the Bornite Project. 
(j) CULTURAL AND HISTORIC RESOURCE INVENTORY.— 
(1) IN GENERAL.—Not later than 1 year after the date 
of establishment of the Scenic Recreation Area, the Secretary 
shall review and revise the inventory of the cultural and historic 
resources on the public land in the Scenic Recreation Area 
developed pursuant to the Oregon Wilderness Act of 1984 (Pub-
lic Law 98-328; 16 U.S.C. 1132). 
(2) INTERPRETATION.—Interpretive activities shall be devel-
oped under the management plan in consultation with State 
and local historic preservation organizations and shall include 
a balanced and factual interpretation of the cultural, ecological, 
and industrial history of forestry and mining in the Scenic 
Recreation Area. 
(k) PARTICIPATION.—So that the knowledge, expertise, and 
views of all agencies and groups may contribute affirmatively to 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-528 
the most sensitive present and future use of the Scenic Recreation 
Area and its various subareas for the benefit of the pubHc: 
(1) ADVISORY COUNCIL.—^The Secretary shall consult on 
a periodic and regular basis with the advisory council estab-
lished under section 106 with respect to matters relating to 
management of the Scenic Recreation Area. 
(2) PUBLIC PARTICIPATION.—^The Secretary shall seek the 
views of private groups, individuals, and the public concerning 
the Scenic Recreation Area. 
(3) OTHER AGENCIES.—The Secretary shall seek the views 
and assistance of, and cooperate with, any other Federal, State, 
or local agency with any responsibility for the zoning, planning, 
or natural resources of the Scenic Recreation Area. 
(4) NONPROFIT AGENCIES AND ORGANIZATIONS.—^The Sec-
retary shall seek the views of any nonprofit agency or organiza-
tion tl^at may contribute information or expertise about the 
resources and the management of the Scenic Recreation Area. 
SEC. 106. ADVISORY COUNCIL. 
(a) ESTABLISHMENT.—Not later than 90 days after the establish-
ment of the Scenic Recreation Area, the Secretary shall establish 
an advisory council for the Scenic Recreation Area. 
(b) MEMBERSHIP.—The advisory council shall consist of not 
more than 13 members, of whom— 
(1) 1 member shall represent Marion County, Oregon, and 
shall be designated by the governing body of the county; 
(2) 1 member shall represent the State of Oregon and 
shall be designated by the Governor of Oregon; and 
(3) 1 member shall represent the city of Salem, and shall 
be designated by the mayor of Salem, Oregon; 
(4) 1 member from a city within a 25-mile radius of the 
Opal Creek Scenic Recreation Area, to be designated by the 
Governor of the State of Oregon from a list of candidates 
provided by the mayors of the cities located within a 25-mile 
radius of the Opal Creek Scenic Recreation Area; and 
(5) not more than 9 members shall be appointed by the 
Secretary from among persons who, individually or through 
association with a national or local organization, have an 
interest in the administration of the Scenic Recreation Area, 
including, but not limited to, representatives of the timber 
industry, environmental organizations, the mining industry, 
inholders in the Opal Creek Wilderness and Scenic Recreation 
Area, economic development interests and Indian Tribes. 
(c) STAGGERED TERMS.—^Members of the advisory council shall 
serve for staggered terms of three years. 
(d) CHAIRMAN.—^The Secretary shall designate one member of 
the advisory council as chairman. 
(e) VACANCIES.—^The Secretary shall fill a vacancy on the 
advisory council in the same manner as the original appointment. 
(f) COMPENSATION.—Members of the advisory council shall 
receive no compensation for service on the advisory council. 
SEC. 107. GENERAL PROVISIONS. 
(a) LAND ACQUISITION.— 
(1) IN GENERAL.—Subject to the other provisions of this 
title the Secretary may acquire any lands or interests in land 
in the Scenic Recreation Area or the Opal Creek Wilderness 
110 STAT. 3009-529 
PUBLIC LAW 104-208—SEPT. 30, 1996 
that the Secretary determines are needed to carry out this 
title. 
(2) PUBLIC LAND.—^Any lands or interests in land owned 
by a State or a political subdivision of a State may be acquired 
only by donation or exchange. 
(3) CONDEMNATION.—^Within the boundaries of the Opal 
Creek Wilderness or the Scenic Recreation Area, the Secretary 
may not acquire any privately owned land or interest in land 
without the consent of the owner unless the Secretary finds 
that— 
(A) the nature of land use has changed significantly, 
or the landowner has demonstrated intent to change the 
land use significantly, from the use that existed on the 
date of the enactment of this title; and 
(B) acquisition by the Secretary of the land or interest 
in land is essential to ensure use of the land or interest 
in land in accordance with the purposes of this title or 
the management plan prepared under section 105(b). 
(4) Nothing in this title shall be construed to enhance 
or diminish the condemnation authority available to the Sec-
retary outside the boundaries of the Opal Creek Wilderness 
or the Scenic Recreation Area. 
(b) ENVIRONMENTAL RESPONSE ACTIONS AND COST RECOVERY.— 
(1) RESPONSE ACTIONS.—Nothing in this title shall hmit 
the authority of the Secretary or a responsible party to conduct 
an environmental response action in the Scenic Recreation Area 
in connection with the release, threatened release, or cleanup 
of a hazardous substance, pollutant, or contaminant, including 
a response action conducted under the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601etseq.). 
(2) LIABILITY.—^Nothing in this title shall limit the author-
ity of the Secretary or a responsible party to recover costs 
related to the release, threatened release, or cleanup of any 
hazardous substance or pollutant or contaminant in the Scenic 
Recreation Area. 
(c) MAPS AND DESCRIPTION.— 
(1) IN GENERAL.—^As soon as practicable after the date 
of enactment of this title, the Secretary shall file a map and 
a boundary description for the Opal Creek Wilderness and 
for the Scenic Recreation Area with the Committee on 
Resources of the House of Representatives and the Committee 
on Energy and Natural Resources of the Senate. 
(2) FORCE AND EFFECT.—The boundary description and map 
shall have the same force and effect as if the description and 
map were included in this title, except that the Secretary 
may correct clerical and typographical errors in the boundary 
description and map. 
(3) AVAILABILITY.—The map and boundary description shall 
be on file and available for public inspection in the Office 
of the Chief of the Forest Service, Department of Agriculture. 
(d) Nothing in this title shall interfere with any activity for 
which a special use permit has been issued, has not been revoked, 
and has not expired, before the date of enactment of this title, 
subject to the terms of the permit. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-530 
SEC. 108. ROSBORO LAND EXCHANGE. 
(a) AUTHORIZATION.—Notwithstanding any other law, if the 
Rosboro Lumber Company (referred to in this section as "Rosboro") 
offers and conveys marketable title to the United States to the 
land described in subsection (b), the Secretary of Agriculture shall 
convey all right, title and interest held by the United States to 
sufficient lands described in subsection (c) to Rosboro, in the order 
in which they appear in subsection (c), as necessary to satisfy 
the equal value requirements of subsection (d). 
(b) LAND TO BE OFFERED BY ROSBORO.—^The land referred to 
in subsection (a) as the land to be offered by Rosboro shall comprise 
Section 36, Township 8 South, range 4 east, Willamette Meridian. 
(c) LAND TO BE CONVEYED BY THE UNITED STATES.—The land 
referred to in subsection (a) as the land to be conveyed by the 
United States shall comprise sufficient land from the following 
prioritized list to be of equal value under subparagraph (d): 
(1) Section 5, Township 17 South, Range 4 East, Lot 7 
(37.63 acres). 
(2) Section 2, Township 17 South, Range 4 East, Lot 3 
(29.28 acres). 
(3) Section 13, Township 17 South, Range 4 East, SV2 
SEV4 (80 acres). 
(4) Section 2, Township 17 South, Range 4 East, SWy4 
SWy4 (40 acres). 
(5) Section 2, Township 17 South, Range 4 East, KWV4 
SEy4 (40 acres). 
(6) Section 8, Township 17 South, Range 4 East, SEy4 
SWy4 (40 acres). 
(7) Section 11, Township 17 South, Range 4 East, WVb 
NWy4 (80 acres). 
(d) EQUAL VALUE.—^The land and interests in land exchanged 
under this section shall be of equal market value as determined 
by nationally recognized appraisal standards, including, to the 
extent appropriate, the Uniform Standards for Federal Land 
Acquisition, the Uniform Standards of Professional Appraisal Prac-
tice, or shall be equalized by way of payment of cash pursuant 
to the provisions of section 206(d) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1716(d)), and other applicable 
law. The appraisal shall consider access costs for the parcels 
involved. 
(e) TIMETABLE.— 
(1) The exchange directed by this section shall be con-
summated not later than 120 days after the date Rosboro 
offers and conveys the property described in subsection (b) 
to the United States. 
(2) The authority provided by this section shall lapse if 
Rosboro fails to offer the land described in subsection (b) within 
two years after the date of enactment of this title. 
(f) Rosboro shall have the right to challenge in United States 
District Court for the District of Oregon a determination of market-
ability under subsection (a) and a determination of value for the 
lands described in subsections (b) and (c) by the Secretary of Agri-
culture. The Court shall have the authority to order the Secretary 
to complete the transaction contemplated in this Section. 
(g) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
110 STAT. 3009-531 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SEC. 109. DESIGNATION OF ELKHORN CREEK AS A WILD AND SCENIC 
RIVER. 
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
1274(a)) is amended by adding at the end the following: 
"( ) (A) ELKHORN CREEK.—^The 6.4 mile segment traversing 
federally administered lands from that point along the Willamette 
National Forest boundary on the common section line between 
Sections 12 and 13, Township 9 South, Range 4 East, Willamette 
Meridian, to that point where the segment leaves federal ownership 
along the Bureau of Land Management boundary in Section 1, 
Township 9 South, Range 3 East, Willamette Meridian, in the 
following classes: 
"(i) a 5.8-mile wild river area, extending from that point 
along the Willamette National Forest boundary on the common 
section line between Sections 12 and 13, Township 9 South, 
Range 4 East, Willamette Meridian, to its confluence with 
Buck Creek in Section 1, Township 9 South, Range 3 East, 
Willamette Meridian, to be administered as agreed on by the 
Secretaries of Agriculture and the Interior, or as directed by 
the President; and 
"(ii) a 0.6-mile scenic river area, extending from the con-
fluence with Buck Creek in Section 1, Township 9 South, Range 
3 East, Willamette Meridian, to that point where the segment 
leaves federal ownership along the Bureau of Land Manage-
ment boundary in Section 1, Township 9 South, Range 3 East, 
Willamette Meridian, to be administered by the Secretary of 
Interior, or as directed by the President. 
"(B) Notwithstanding section 3(b) of this Act, the lat-
eral boundaries of both the wild river area and the scenic 
river area along Elkhorn Creek shall include an average 
of not more than 640 acres per mile measured from the 
ordinary high water mark on both sides of the river." 
SEC. 110. ECONOMIC DEVELOPMENT. 
(a) ECONOMIC DEVELOPMENT P L A N . ^ A S a condition for receiv-
ing funding under subsection (b) of this section, the State of Oregon, 
in consultation with Marion County and the Secretary of Agri-
culture, shall develop a plan for economic development projects 
for which grants under this section may be used in a manner 
consistent with this title and to benefit local communities in the 
vicinity of the Opal Creek area. Such plan shall be based on an 
economic opportunity study and other appropriate information. 
(b) 
FUNDS PROVIDED TO THE STATES FOR GRANTS.—Upon 
completion of the Opal Creek Management Plan, and receipt of 
the plan referred to in subsection (a) of this section, the Secretary 
shall provide, subject to appropriations, $15,000,000, to the State 
of Oregon. Such funds shall be used to make grants or loans 
for economic development projects that further the purposes of 
this title and benefit the local communities in the vicinity of Opal 
Creek. 
(c) REPORT.—^The State of Oregon shall— 
(1) prepare and provide the Secretary and Congress with 
an annual report on the use of the funds made available under 
this section; 
(2) make available to the Secretary and to Congress, upon 
request, all accounts, financial records, and other information 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-532 
related to grants and loans made available pursuant to this 
section; and 
(3) as loans are repaid, make additional grants and loans 
with the money made available for obligation by such repay-
ments. 
TITLE II—UPPER KLAMATH BASIN 
SEC. 201. UPPER 
KLAMATH 
BASIN ECOLOGICAL 
RESTORATION 
PROJECTS. 
(a) DEFINITIONS.—In this section: 
(1) ECOSYSTEM 
RESTORATION OFFICE.—The term "Eco-
system Restoration Office" means the Klamath Basin Eco-
system Restoration Office operated cooperatively by the United 
States Fish and Wildlife Service, Bureau of Reclamation, 
Bureau of Land Management, and Forest Service. 
(2) WORKING GROUP.—The term "Working Group" means 
the Upper Klamath Basin Working Group, established before 
the date of enactment of this title, consisting of members nomi-
nated by their represented groups, including: 
(A) 3 tribal members; 
(B) 1 representative of the city of Klamath Falls, 
Oregon; 
(C) 1 representative of Klamath County, Oregon; 
(D) 1 representative of institutions of higher education 
in the Upper Klamath Basin; 
(E) 4 representatives of the environmental community, 
including at least one such representative from the State 
of California with interests in the Klamath Basin National 
Wildlife Refuge Complex; 
(F) 4 representatives of local businesses and industries, 
including at least one representative of the wood products 
industry and one representative of the ocean commercial 
fishing industry and/or the recreational fishing industry 
based in either Oregon or California; 
(G) 4 representatives of the ranching and farming 
community, including representatives of Federal lease-land 
farmers and ranchers and of private land farmers and 
ranchers in the Upper Klamath Basin; 
(H) 2 representatives from State of Oregon agencies 
with authority and responsibility in the Klamath River 
Basin, including one from the Oregon Department of Fish 
and Wildlife and one from the Oregon Water Resources 
Department; 
(I) 4 representatives from the local community; 
(J) 1 representative each from the following Federal 
resource management agencies in the Upper Klamath 
Basin: Fish and Wildlife Service, Bureau of Reclamation, 
Bureau of Land Management, Bureau of Indian Affairs, 
Forest Service, Natural Resources Conservation Service, 
National Marine Fisheries Service and Ecosystem Restora-
tion Office; and 
(K) 1 representative of the Klamath County Soil and 
Water Conservation District. 
(3) SECRETARY.—The term "Secretary" means the Secretary 
of the Interior. 
110 STAT. 3009-533 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(4) TASK FORCE.—^The term 'Task Force" means the Klam-
ath River Basin Fisheries Task Force as estabhshed by the 
Klamath River Basin Fishery Resource Restoration Act (Public 
Law 99-552, 16 U.S.C. 460ss-3, et. seq.). 
(5) COMPACT COMMISSION.—The term "Compact Commis-
sion" means the Klamath River Basin Compact Commission 
created pursuant to the Klamath River Compact Act of 1954. 
(6) CONSENSUS.—^The term "consensus" means a unanimous 
agreement by the Working Group members present and consist-
ing of at least a quorum at a regularly scheduled business 
meeting. 
(7) QUORUM.—^The term "quorum" means one more than 
half of those qualified Working Group members appointed and 
eligible to serve. 
(8) TRINITY TASK FORCE.—The term "Trinity Task Force" 
means the Trinity River Restoration Task Force created by 
Public Law 98-541, as amended by Public Law 104-143. 
(b) IN GENERAL.— 
(1) The Working Group through the Ecosystem Restoration 
Office, with technical assistance from the Secretary, will pro-
pose ecological restoration projects, economic development and 
stability projects, and projects designed to reduce the impacts 
of drought conditions to be undertaken in the Upper Klamath 
Basin based on a consensus of the Working Group membership. 
(2) The Secretary shall pay, to the greatest extent feasible, 
up to 50 percent of the cost of performing any project approved 
by the Secretary or his designee, up to a total amount of 
$1,000,000 during each of fiscal years 1997 through 2001. 
(3) Funds made available under this title through the 
Department of the Interior or the Department of Agriculture 
shall be distributed through the Ecosystem Restoration Office. 
(4) The Ecosystem Restoration Office may utilize not more 
than 15 percent of all Federal funds administered under this 
section for administrative costs relating to the implementation 
of this title. 
(5) All funding recommendations developed by the Working 
Group shall be based on a consensus of Working Group mem-
bers. 
(c) COORDINATION.— 
(1) The Secretary shall formulate a cooperative agreement 
among the Working Group, the Task Force, the Trinity Task 
Force and the Compact Commission for the purposes of ensur-
ing that projects proposed and funded through the Working 
Group are consistent with other basin-wide fish and wildlife 
restoration and conservation plans, including but not limited 
to plans developed by the Task Force and the Compact Commis-
sion. 
(2) To the greatest extent practicable, the Working Group 
shall provide notice to, and accept input from, two members 
each of the Task Force, the Trinity Task Force, and the Compact 
Commission, so appointed by those entities, for the express 
purpose of facilitating better communication and coordination 
regarding additional basin-wide fish and wildlife and ecosystem 
restoration and planning efforts. The roles and relationships 
of the entities involved shall be clarified in the cooperative 
agreement. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-534 
(d) PUBLIC MEETINGS.—The Working Group shall conduct all 
meetings subject to applicable open meeting and public participation 
laws. The chartering requirements of 5 U.S.C. App 2 ss 1-15 
are hereby deemed to have been met by this section. 
(e) TERMS AND VACANCIES.—Working Group members shall 
serve for 3-year terms, beginning on the date of enactment of 
this title. Vacancies which occur for any reason after the date 
of enactment of this title shall be filled by direct appointment 
of the governor of the State of Oregon, in consultation with the 
Secretary of the Interior and the Secretary of Agriculture, in accord-
ance with nominations from the appropriate groups, interests, and 
government agencies outlined in subsection (aX2). 
(f) RIGHTS, DUTIES AND AUTHORITIES UNAFFECTED.—The Work-
ing Group will supplement, rather than replace, existing efforts 
to manage the natural resources of the Klamath Basin. Nothing 
in this title affects any legal right, duty or authority of any person 
or agency, including any member of the working group. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this title $1,000,000 for each of 
fiscal years 1997 through 2002. 
TITLE III—DESCHUTES BASIN 
SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS. 
(a) DEFINITIONS.—In this section: 
(1) WORKING GROUP.—^The term "Working Group" means 
the Deschutes River Basin Working Group established before 
the date of enactment of this title, consisting of members nomi-
nated by their represented groups, including: 
(A) 5 representatives of private interests including one 
each from hydroelectric production, livestock grazing, tim-
ber, land development, and recreation/tourism; 
(B) 4 representatives of private interests including two 
each from irrigated agriculture and the environmental 
community; 
(C) 2 representatives from the Confederated Tribes 
of the Warm Springs Reservation of Oregon; 
(D) 2 representatives from Federal agencies with 
authority and responsibility in the Deschutes River Basin, 
including one from the Department of the Interior and 
one from the Agriculture Department; 
(E) 2 representatives from the State of Oregon agencies 
with authority and responsibility in the Deschutes River 
Basin, including one from the Oregon Department of Fish 
and Wildlife and one from the Oregon Water Resources 
Department; and 
(F) 4 representatives from county or city governments 
within the Deschutes River Basin county and/or city 
governments. 
(2) SECRETARY.—The term "Secretary" means the Secretary 
of the Interior. 
(3) 
FEDERAL AGENCIES.—The term "Federal agencies" 
means agencies and departments of the United States, includ-
ing, but not limited to, the Bureau of Reclamation, Bureau 
of Indian Affairs, Bureau of Land Management, Fish and Wild-
life Service, Forest Service, Natural Resources Conservation 
110 STAT. 3009-535 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Service, Farm Services Agency, the National Marine Fisheries 
Service, and the Bonneville Power Administration. 
(4) CONSENSUS.—^The term "consensus" means a unanimous 
agreement by the Working Group members present and con-
stituting at least a quorum at a regularly scheduled business 
meeting. 
(5) QUORUM.—^The term "quorum" means one more than 
half of those qualified Working Group members appointed £ind 
eligible to serve. 
(b) IN GENERAL.— 
(1) The Working Group will propose ecological restoration 
projects on both Federal and non-Federal lands and waters 
to be undertaken in the Deschutes River Basin based on a 
consensus of the Working Group, provided that such projects, 
when involving Federal land or funds, shall be proposed to 
the Bureau of Reclamation in the Department of the Interior 
and any other Federal agency with affected land or funds. 
(2) The Working Group will accept donations, grants or 
other funds and place such funds received into a trust fund, 
to be expended on ecological restoration projects which, when 
involving Federal land or funds, are approved by the affected 
Federal agency. 
(3) The Bureau of Reclamation shall pay from funds author-
ized under subsection (h) of this title up to 50 percent of 
the cost of performing any project proposed by the Working 
Group and approved by the Secretary, up to a total amount 
of $1,000,000 during each of the fiscal years 1997 through 
2001. 
(4) Non-Federal contributions to project costs for purposes 
of computing the Federal matching share under paragraph 
(3) of this subsection may include in-kind contributions. 
(5) Funds authorized in subsection (h) of this title shall 
be maintained in and distributed by the Bureau of Reclamation 
in the Department of the Interior. The Bureau of Reclamation 
shall not expend more than 5 percent of amounts appropriated 
pursuant to subsection (h) for Federal administration of such 
appropriations pursuant to this title. 
(6) The Bureau of Reclamation is authorized to provide 
by grant to the Working Group not more than 5 percent of 
funds appropriated pursuant to subsection (h) of this title for 
not more than 50 percent of administrative costs relating to 
the implementation of this title. 
(7) The Federal agencies with authority and responsibility 
in the Deschutes River Basin shall provide technical assistance 
to the Working Group and shall designate representatives to 
serve as members of the Working Group. 
(8) All funding recommendations developed by the Working 
Group shall be based on a consensus of the Working Group 
members. 
(c) PUBLIC NOTICE AND PARTICIPATION.—The Working Group 
shall conduct all meetings subject to applicable open meeting and 
public participation laws. The chartering requirements of 5 U.S.C. 
App 2 ss 1-15 are hereby deemed to have been met by this section. 
(d) PRIORITIES.—^The Working Group shall give priority to vol-
untary market-based economic incentives for ecosystem restoration 
including, but not limited to, water leases and purchases; land 
leases and purchases; tradable discharge permits; and acquisition 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-536 
of timber, grazing, and land development rights to implement plans, 
programs, measures, and projects. 
(e) TERMS AND VACANCIES.—Members of the Working Group 
representing governmental agencies or entities shall be named by 
the represented government agency. Members of the Working Group 
representing private interests shall be named in accordance with 
the articles of incorporation and bylaws of the Working Group. 
Representatives from Federal agencies will serve for terms of 3 
years. Vacancies which occur for any reason after the date of 
enactment of this title shall be filled in accordance with this title. 
(f) ADDITIONAL PROJECTS.—^Where existing authority and appro-
priations 
permit. 
Federal 
agencies may contribute 
to the 
implementation of projects recommended by the Working Group 
and approved by the Secretary. 
(g) RIGHTS, DUTIES AND AUTHORITIES UNAFFECTED.—^The Work-
ing Group will supplement, rather than replace, existing efforts 
to manage the natural resources of the Deschutes Basin. Nothing 
in this title affects any legal right, duty or authority of any person 
or agency, including any member of the working group. 
(h) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated to carry out this title $1,000,000 for each of 
fiscal years 1997 through 2001. 
TITLE IV—MOUNT HOOD CORRIDOR 
SEC. 401. LAND EXCHANGE. 
(a) AUTHORIZATION.—Notwithstanding any other law, if Long-
view Fibre Company (referred to in this section as "Longview") 
offers and conveys title that is acceptable to the United States 
to some or all of the land described in subsection (b), the Secretary 
of the Interior (referred to in this section as the "Secretary") shall 
convey to Longview title to some or all of the land described in 
subsection (c), as necessary to satisfy the requirements of subsection 
(d). 
(b) LAND To B E OFFERED BY LONGVIEW.—^The land referred 
to in subsection (a) as the land to be offered by Longview are 
those lands depicted on the map entitled "Mt. Hood Corridor Land 
Exchange Map", dated July 18, 1996. 
(c) LAND TO B E CONVEYED BY THE SECRETARY.—^The land 
referred to in subsection (a) as the land to be conveyed by the 
Secretary are those lands depicted on the map entitled "Mt. Hood 
Corridor Land Exchange Map", dated July 18, 1996. 
(d) EQUAL VALUE.—The land and interests in land exchanged 
under this section shall be of equal market value as determined 
by nationally recognized appraisal standards, including, to the 
extent appropriate, the Uniform Standards for Federal Land 
Acquisition, the Uniform Standards of Professional Appraisal Prac-
tice, or shall be equalized by way of pa3anent of cash pursuant 
to the provisions of section 206(d) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1716(d)), and other applicable 
law. 
(e) REDESIGNATION OF LAND TO MAINTAIN REVENUE FLOW.— 
So as to maintain the current flow of revenue from land subject 
to the Act entitled "An Act relating to the revested Oregon and 
California Railroad and reconveyed Coos Bay Wagon Road grant 
land situated in the State of Oregon", approved August 28, 1937 
110 STAT. 3009-537 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(43 U.S.C. 1181a et seq.), the Secretary may redesignate public 
domain land located in and west of Range 9 East, Willamette 
Meridian, Oregon, as land subject to that Act. 
(f) TIMETABLE.—^The exchange directed by this section shall 
be consummated not later than 1 year after the date of enactment 
of this title. 
(g) WITHDRAWAL OF LANDS.—^All lands managed by the Depart-
ment of the Interior, Bureau of Land Management, located in 
Townships 2 and 3 South, Ranges 6 and 7 East, Willamette Merid-
ian, which can be seen from the right-of-way of U.S. Highway 
26 (in this section, such lands are referred to as the "Mt. Hood 
Corridor Lands"), shall be managed primarily for the protection 
or enhancement of scenic qualities. Management prescriptions for 
other resource values associated with these lands shall be planned 
and conducted for purposes other than timber harvest, so as not 
to impair the scenic qualities of the area. 
(h) TIMBER CUTTING.—Timber cutting may be conducted on 
Mt. Hood Corridor Lands following a resource-damaging cata-
strophic event. Such cutting may only be conducted to achieve 
the following resource management objectives, in compliance with 
the current land use plans— 
(1) to maintain safe conditions for the visiting public; 
(2) to control the continued spread of forest fire; 
(3) for activities related to administration of the Mt. Hood 
Corridor Lands; or 
(4) for removal of hazard trees along trails and roadways. 
(i) ROAD CLOSURE.—^The forest road gate located on Forest 
Service Road 2503, located in T. 2 S., R. 6 E., sec. 14, shall 
remain closed and locked to protect resources and prevent illegal 
dumping and vandalism. Access to this road shall be limited to— 
(1) Federal and State officers and employees acting in 
an official capacity; 
(2) employees and contractors conducting authorized activi-
ties associated with the telecommunication sites located in T. 
2 S., R. 6 E., sec. 14; and 
(3) the general public for recreational purposes, except 
that all motorized vehicles will be prohibited. 
(j) NEPA EXEMPTION.—^The National Environmental Policy Act 
of 1969 (P.L. 91-190) shall not apply to this section for one year 
after the date of enactment of this title. 
(k) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
TITLE V—COQUILLE TRIBAL FOREST 
SEC. 501. CREATION OF THE COQUILLE FOREST. 
25 use 715c. 
(a) The Coquille Restoration Act (P.L. 101-42) is amended 
by inserting at the end of section 5 the following: 
"(d) CREATION OF THE COQUILLE FOREST.— 
"(1) DEFINITIONS.—In this subsection: 
"(A) the term 'Coquille Forest' means certain lands 
in Coos County, Oregon, comprising approximately 5,400 
acres, as generally depicted on the map entitled 'Coquille 
Forest Proposal', dated July 8, 1996. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-538 
"(B) the term 'Secretary' means the Secretary of the 
Interior. 
"(C) the term 'the Tribe' means the Coquille Tribe 
of Coos County, Oregon. 
"(2) MAP.—The map described in subparagraph (d)(1)(A), 
and such additional legal descriptions which are applicable, 
shall be placed on file at the local District Office of the Bureau 
of Land Management, the Agency Office of the Bureau of Indian 
Affairs, and with the Senate Committee on Energy and Natural 
Resources and the House Committee on Resources. 
"(3) INTERIM PERIOD.—From the date of enactment of this 
subsection until two years after the date of enactment of this 
subsection, the Bureau of Land Management shall: 
"(A) retain Federal jurisdiction for the management 
of lands designated under this subsection as the Coquille 
Forest and continue to distribute revenues from such lands 
in a manner consistent with existing law; and, 
"(B) prior to advertising, offering or awarding any tim-
ber sale contract on lands designated under this subsection 
as the Coquille Forest, obtain the approval of the Assistant 
Secretary for Indian Affairs, acting on behalf of and in 
consultation with the Tribe. 
(4) TRANSITION PLANNING AND DESIGNATION.— 
"(A) During the two year interim period provided for 
in paragraph (3), the Assistant Secretary for Indian Affairs, 
acting on behalf of and in consultation with the Tribe, 
is authorized to initiate development of a forest manage-
ment plan for the Coquille Forest. The Secretary, acting 
through the Director of the Bureau of Land Management, 
shall cooperate and assist in the development of such plan 
and in the transition of forestry management operations 
for the Coquille Forest to the Assistant Secretary for Indian 
Affairs. 
"(B) Two years after the date of enactment of this 
subsection, the Secretary shall take the lands identified 
under subparagraph (d)(1)(A) into trust, and shall hold 
such lands in trust, in perpetuity, for the Coquille Tribe. 
Such lands shall be thereafter designated as the Coquille 
Forest. 
"(C) So as to maintain the current flow of revenue 
from land subject to the Act entitled 'An Act relating to 
the revested Oregon and California Railroad and recon-
veyed Coos Bay Wagon Road grant land situated in the 
State of Oregon' (the O&C Act), approved August 28, 1937 
(43 U.S.C. 1181a et seq.), the Secretary shall redesignate, 
from public domain lands within the tribe's service area, 
as defined in this Act, certain lands to be subject to the 
O&C Act. Lands redesignated under this subparagraph 
shall not exceed lands sufficient to constitute equivalent 
timber value as compared to lands constituting the Coquille 
Forest. 
"(5) MANAGEMENT.—^The Secretary of Interior, 
acting 
through the Assistant Secretary for Indian Affairs, shall man-
age the Coquille Forest under applicable State and Federal 
forestry and environmental protection laws, and subject to criti-
cal habitat designations under the Endangered Species Act, 
and subject to the standards and guidelines of Federal forest 
110 STAT. 3009-539 
PUBLIC LAW 104-208—SEPT. 30, 1996 
plans on at^acent or nearby Federal lands, now and in the 
future. The Secretary shall otherwise manage the Coquille For-
est in accordance with the laws pertaining to the management 
of Indian Trust lands and shall distribute revenues in accord 
with Public Law 101-630, 25 U.S.C. 3107. 
"(A) Unprocessed logs harvested from the Coquille For-
est shall be subject to the same Federal statutory restric-
tions on export to foreign Nations that apply to unprocessed 
logs harvested from Federal lands. 
"(B) Notwithstanding any other provision of law, all 
sales of timber from land subject to this subsection shall 
be advertised, offered and awarded according to competitive 
bidding practices, with sales being awarded to the highest 
responsible bidder. 
**(6) INDIAN SELF DETERMINATION ACT AGREEMENT.—^No 
sooner than two years after the date of enactment of this 
subsection, the Secretary may, upon a satisfactory showing 
of management competence and pursuant to the Indian Self 
Determination Act (25 U.S.C. 450 et seq.), enter into a binding 
Indian self-determination agreement (agreement) with the 
Coquille Indian Tribe. Such agreement may provide for the 
tribe to carry out all or a portion of the forest management 
for the Coquille Forest. 
"(A) Prior to entering such an agreement, and as a 
condition of maintaining such an agreement, the Secretary 
must find that the Coquille Tribe has entered into a binding 
memorandum of agreement (MOA) with the State of 
Oregon, as required under paragraph 7. 
"(B) The authority of the Secretary to rescind the 
Indian self-determination agreement shall not be encum-
bered. 
"(i) The Secretary shall rescind the agreement 
upon a demonstration that the tribe and the State 
of Oregon are no longer engaged in a memorsmdum 
of agreement as required under paragraph 7. 
"(ii) The Secretary may rescind the agreement on 
a showing that the Tribe has managed the Coquille 
Forest in a manner inconsistent with this subsection, 
or the Tribe is no longer managing, or capable of 
managing, the Coquille Forest in a manner consistent 
with this subsection. 
"(7) MEMORANDUM OF AGREEMENT.—The Coquille Tribe 
shall enter into a memorandum of agreement (MOA) with the 
State of Oregon relating to the establishment and management 
of the Coquille Forest. The MOA shall include, but not be 
limited to, the terms and conditions for managing the Coquille 
Forest in a manner consistent with paragraph (5) of this sub-
section, 
preserving 
public 
access, 
advancing 
jointly-held 
resource management goals, achieving tribal restoration objec-
tives and establishing a coordinated management framework. 
Further, provisions set forth in the MOA shall be consistent 
with federal trust responsibility requirements applicable to 
Indian trust lands and paragraph (5) of this subsection. 
"(8) PUBLIC ACCESS.—The Coquille Forest shall remain 
open to public access for purposes of hunting, fishing, recreation 
and transportation, except when closure is required by state 
or federal lav/, or when the Coquille Indian Tribe and the 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-540 
State of Oregon agree in writing that restrictions on access 
are necessary or appropriate to prevent harm to natural 
resources, cultural resources or environmental quality; Pro-
vided, That the State of Oregon's agreement shall not be 
required when immediate action is necessary to protect 
archaeological resources. 
"(9) JURISDICTION.— 
"(A) The United States District Court for the District 
of Oregon shall have jurisdiction over actions against the 
Secretary arising out of claims that this subsection has 
been violated. Consistent with existing precedents on 
standing to sue, any affected citizen may bring suit against 
the Secretary for violations of this subsection, except that 
suit may not be brought against the Secretary for claims 
that the MOA has been violated. The Court has the author-
ity to hold unlawful and set aside actions pursuant to 
this subsection that are arbitrary and capricious, an abuse 
of discretion, or otherwise an abuse of law. 
"(B) The United States District Court for the District 
of Oregon shall have jurisdiction over actions between the 
State of Oregon and the Tribe arising out of claims of 
breach of the MOA. 
"(C) Unless otherwise provided for by law, remedies 
available under this subsection shall be limited to equitable 
relief and shall not include damages. 
"(10) STATE REGULATORY AND CIVIL JURISDICTION.—In addi-
tion to the jurisdiction described in paragraph 7 of this sub-
section, the State of Oregon may exercise exclusive regulatory 
civil jurisdiction, including but not limited to adoption and 
enforcement of administrative rules and orders, over the follow-
ing subjects: 
"(A) management, allocation and administration of fish 
and wildlife resources, including but not limited to 
establishment and enforcement of hunting and fishing sea-
sons, bag limits, limits on equipment and methods, issuance 
of permits and licenses, and approval or disapproval of 
hatcheries, game farms, and other breeding facilities; Pro-
vided, That nothing herein shall be construed to permit 
the State of Oregon to manage fish or wildlife habitat 
on Coquille Forest lands; 
"(B) allocation and administration of water rights, 
appropriation of water and use of water; 
"(C) regulation of boating activities, including equip-
ment and registration requirements, and protection of the 
public's right to use the waterways for purposes of boating 
or other navigation; 
"(D) fills and removals from waters of the State, as 
defined in Oregon law; 
"(E) protection and management of the State's propri-
etary interests in the beds and banks of navigable water-
ways; 
"(F) regulation of mining, mine reclamation activities, 
and exploration and drilling for oil and gas deposits; 
"(G) regulation of water quality, air quality (including 
smoke management), solid and hazardous waste, and 
remediation of releases of hazardous substances; 
110 STAT. 3009-541 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(H) regulation of the use of herbicides and pesticides; 
and 
"(I) enforcement of pubUc health and safety standards, 
including standards for the protection of workers, well 
construction and codes governing the construction of 
bridges, buildings, and other structures. 
"(11) SAVINGS CLAUSE, STATE AUTHORITY.— 
"(A) Nothing in this subsection shall be construed to 
grant tribal authority over private or State-owned lands. 
"(B) To the extend that the State of Oregon is regulat-
ing the foregoing areas pursuant to a delegated Federal 
authority or a Federal program, nothing in this subsection 
shall be construed to enlarge or diminish the State's author-
ity under such law. 
"(C) Where both the State of Oregon and the United 
States are regulating, nothing herein shall be construed 
to alter their respective authorities. 
"(D) To the extent that Federal law authorizes the 
Coquille Indian Tribe to assume regulatory authority over 
an area, nothing herein shall be construed to enlarge or 
diminish the tribe's authority to do so under such law. 
"(E) Unless and except to the extent that the tribe 
has assumed jurisdiction over the Coquille Forest pursuant 
to Federal law, or otherwise with the consent of the State, 
the State of Oregon shall have jurisdiction and authority 
to enforce its laws addressing the subjects listed in subpara-
graph 10 of this subsection on the Coquille Forest against 
the Coquille Indian Tribe, its members and all other per-
sons and entities, in the same manner and with the same 
remedies and protections and appeal rights as otherwise 
provided by general Oregon law. Where the State of Oregon 
and Coquille Indian Tribe agree regarding the exercise 
of tribal civil regulatory jurisdiction over activities on the 
Coquille Forest lands, the tribe may exercise such jurisdic-
tion as its agreed upon. 
"(12) In the event of a conflict between Federal and State 
law under this subsection. Federal law shall control." 
TITLE VI—BULL RUN WATERSHED 
PROTECTION 
SEC. 601. The first sentence of section 2(a) of Public Law 
16 use 482b 
95-200 is amended after "referred to in this subsection (a)" by 
note. 
striking "2(b)'' and inserting in lieu thereof "2(c)". 
SEC. 602. The first sentence of section 2(b) of Public Law 
16 use 482b 
95-200 is amended after "the policy set forth in subsection (a)" 
note. 
by inserting "and (b)". 
16 use 482b 
SEC. 603. Section 2(b) of Public Law 95-200 is redesigned 
note. 
a s "2(c)". 
16 use 482b 
SEC. 604 (a) Public Law 95-200 is amended by adding a new 
note. 
subsection 2(b) immediately after subsection 2(a), as follows: 
"(b) TIMBER CUTTING.— 
(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
of Agriculture shall prohibit the cutting of trees in that part 
of the unit consisting of the hydrographic boundary of the 
Bull Run River Drainage, including certain lands within the 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-542 
unit and located below the headworks of the city of Portland, 
Oregon's water storage and delivery project, and as depicted 
in a map dated July 22, 1996 and entitled "Bull Run River 
Drainage". 
(2) PERMITTED CUTTING.— 
(A) IN GENERAL.—Subject to subparagraph (B), the Sec-
retary of Agriculture shall prohibit the cutting of trees 
in the area described in paragraph (1). 
(B) PERMITTED CUTTING.—Subject to subparagraph (C), 
the Secretary may only allow the cutting of trees in the 
area described in paragraph (1)— 
(i) for the protection or enhancement of water qual-
ity in the area described in paragraph (1); or 
(ii) for the protection, enhancement, or mainte-
nance of water quantity available from the area 
described in paragraph (1); or 
(iii) for the construction, expansion, protection or 
maintenance of municipal water supply facilities; or 
(iv) for the construction, expansion, protection or 
maintenance of facilities for the transmission of energy 
through and over the unit or previously authorized 
hydroelectric facilities or hydroelectric projects associ-
ated with municipal water supply facilities. 
(C) SALVAGE SALES.—^The Secretary of Agriculture may 
not authorize a salvage sale in the area described in para-
graph (1)." 
(b) Redesignate subsequent subsections of Public Law 95-200 
16 USC 482b 
accordingly. 
^°^-
SEC. 605. REPORT TO CONGRESS. 
(a) The Secretary of Agriculture shall, in consultation with 
the city of Portland and other affected parties, undertake a study 
of that part of the Little Sandy Watershed that is within the 
unit (hereinafter referred to as the "study area"), as depicted on 
the map described in section 604 of this title. 
(b) The study referred to in (a) shall determine— 
(1) the impact of management activities within the study 
area on the quality of drinking water provided to the Portland 
Metropolitan area; 
(2) the identify and location of certain ecological features 
within the study area, including late successional forest 
characteristics, aquatic and terrestrial wildlife habitat, signifi-
cant hydrological values, or other outstanding natural features; 
and 
(3) the location and extent of any significant cultural or 
other values within the study area. 
(c) The study referred to in subsection (a) shall include both 
legislative and regulatory recommendations to Congress on the 
future management of the study area. In formulating such rec-
ommendations, the Secretary shall consult with the city of Portland 
and other affected parties. 
(d) To the greatest extent possible, the Secretary shall use 
existing data and processes to carry out this study and report. 
(e) The study referred to in subsection (a) shall be submitted 
to the Senate Committees on Energy and Natural Resources and 
29-194 O - 96 - 23 : QL 3 Part 4 
110 STAT. 3009-543 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Agriculture and the House Committees on Resources and Agri-
culture not later than one year from the date of enactment of 
this section. 
(f) The Secretary is prohibited from advertising, offering or 
awarding any timber sale within the study area for a period of 
two years after the date of enactment of this section. 
(g) Nothing in this section shall in any way affect any State 
or Federal law governing appropriation, use of or Federal right 
to water on or flowing through National Forest System lands. 
Nothing in this section is intended to influence the relative strength 
of competing claims to the waters of the Little Sandy River. Nothing 
in this section shall be construed to expand or diminish Federal, 
State, or local jurisdiction, responsibility, interests, or rights in 
water resources development or control, including rights in and 
current uses of water resources in the unit. 
SEC. 606. Lands within the Bull Run Management Unit, as 
defined in Public Law 95-200, but not contained within the Bull 
Run River Drainage, as defined by this title and as depicted on 
the map dated July 1996 described in Section 604 of this title, 
shall continue to be managed in accordance with Public Law 95-
200. 
16 use 1132 
TITLE VII—OREGON ISLANDS 
"'" 
WILDERNESS, ADDITIONS 
SEC. 701. OREGON ISLANDS WILDERNESS, ADDITIONS. 
(a) In furtherance of the purposes of the Wilderness Act of 
1964, certain lands within the boundaries of the Oregon Islands 
National Wildlife Refuge, Oregon, comprising approximately ninety-
five acres and as generally depicted on a map entitled "Oregon 
Island Wilderness Additions—Proposed" dated August 1996, are 
hereby designated as wilderness. The map shall be on file and 
available for public inspection in the offices of the Fish and Wildlife 
Service, Department of the Interior. 
(b) All other federally owned named, unnamed, surveyed and 
unsurveyed rocks, reefs, islets and islands lying within three 
goegraphic miles off the coast of Oregon and above mean high 
tide, not currently designated as wilderness and also within the 
Oregon Islands National Wildlife Refuge boundaries under the 
administration of the United States Fish and Wildlife Service, 
Department of the Interior, as designated by Executive Order 7035, 
Proclamation 2416, Public Land Orders 4395, 4475 and 6287, and 
Public Laws 91-504 and 95-450, are hereby designated as wilder-
ness. 
(c) All federally owned named, unnamed, surveyed and 
unsurveyed rocks, reefs, islets and islands lying within three 
geographic miles off the coast of Oregon and above mean high 
tide, and presently under the jurisdiction of the Bureau of Land 
Management, except Chiefs Island, are hereby designated as wilder-
ness, shall become part of the Oregon Islands National Wildlife 
Refuge and the Oregon Island Wilderness and shall be under the 
jurisdiction of the United States Fish and Wildlife Service, Depart-
ment of the Interior. 
(d) As soon as practicable after this title takes effect, a map 
of the wilderness area and a description of its boundaries shall 
be filed with the Senate Committee on Energy and Natural 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-544 
Resources and the House Committee on Resources, and such map 
shall have the same force and effect as if included in this title: 
Provided, however, That correcting clerical and typographical errors 
in the map and land descriptions may be made. 
(e) Public Land Order 6287 of June 16, 1982, which withdrew 
certain rocks, reefs, islets and islands lying within three geographi-
cal miles off the coast of Oregon and above mean high tide, including 
the ninety-five acres described in subsection (a), as an addition 
to the Oregon Islands National Wildlife Refuge is hereby made 
permanent. 
TITLE VIII—UMPQUA RIVER LAND 
EXCHANGE STUDY 
SEC. 801. UMPQUA RIVER LAND EXCHANGE STUDY: POLICY AND DIREC-
TION. 
(a) IN GENERAL.—The Secretaries of the Interior and Agri-
culture (Secretaries) are hereby authorized and directed to consult, 
coordinate, and cooperate with the Umpqua Land Exchange Project 
(ULEP), affected units and agencies of State and local government, 
and, as appropriate, the World Forestry Center and National Fish 
and Wildlife Foundation, to assist ULEP's ongoing efforts in study-
ing and analyzing land exchange opportunities in the Umpqua 
River Basin and to provide scientific, technical, research, mapping 
and other assistance and information to such entities. Such con-
sultation, coordination, and cooperation shall at a minimum include, 
but not be limited to: 
(1) working with ULEP to develop or assemble comprehen-
sive scientific and other information (including comprehensive 
and integrated mapping) concerning the Umpqua River Basin's 
resources of forest, plants, wildlife, fisheries (anadromous and 
other), recreational opportunities, wetlands, riparian habitat, 
and other physical or natural resources; 
(2) working with ULEP to identify general or specific areas 
within the basin where land exchanges could promote consolida-
tion of forestland ownership for long-term, sustained timber 
production; protection and restoration of habitat for plants, 
fish, and wildlife (including any federally listed threatened 
or endangered species); protection of drinking water supplies; 
recovery of threatened and endangered species; protection and 
restoration of wetlands, riparian lands, and other environ-
mentally sensitive areas; consolidation of land ownership for 
improved public access and a broad array of recreational uses; 
and consolidation of land ownership to achieve management 
efficiency and reduced costs of administration; and 
(3) developing a joint report for submission to the Congress 
which discusses land exchange opportunities in the basin and 
outlines either a specific land exchange proposal or proposals 
which may merit consideration by the Secretaries or the Con-
gress, or ideas and recommendations for new authorizations, 
direction, or changes in existing law or policy to expedite and 
facilitate the consummation of beneficial land exchanges in 
the basin via administrative means. 
(b) MATTERS FOR SPECIFIC STUDY.—In analyzing land exchange 
opportunities with ULEP, the Secretaries shall give priority to 
assisting ULEP's ongoing efforts in: 
110 STAT. 3009-545 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(1) studying, identifying, and mapping areas where the 
consoHdation of land ownership via land exchanges could pro-
mote the goals of long term species and watershed protection 
and utilization, including but not limited to the goals of the 
Endangered Species Act of 1973 more effectively than current 
land ownership patterns and whether any changes in law or 
policy applicable to such lands after consummation of an 
exchange would be advisable or necessary to achieve such goals; 
(2) studying, identif)dng and mapping areas where land 
exchanges might be utilized to better satisfy the goals of 
sustainable timber harvest, including studying whether changes 
in existing law or policy applicable to such lands after con-
summation of an exchange would be advisable or necessary 
to achieve such goals; 
(3) identifying issues and studying options and alternatives, 
including possible changes in existing law or policy, to insure 
that combined post-exchange revenues to units of local govern-
ment from State and local property, severance, and other taxes 
or levies and shared Federal land receipts will approximate 
pre-exchange revenues; 
(4) identifying 
issues and studying whether possible 
changes in law, special appraisal instruction, or changes in 
certain Federal appraisal procedures might be advisable or 
necessary to facilitate the appraisal of potential exchange lands 
which may have special characteristics or restrictions affecting 
land values; 
(5) identifying issues and studying options and alternatives, 
including changes in existing laws or policy, for achieving land 
exchanges without reducing the net supply of timber available 
to small businesses; 
(6) identifying, mapping, and recommending potential 
changes in land use plans, land classifications, or other actions 
which might be advisable or necessary to expedite, facilitate 
or consummate land exchanges in certain areas; 
(7) analyzing potential sources for new or enhanced Fed-
eral, State, or other funding to promote improved resource 
protection, species recovery, and management in the basin; 
and 
(8) identifying and analyzing whether increased efficiency 
and better land and resource management could occur through 
either consolidation of Federal forest management under one 
agency or exchange lands between the Forest Service and the 
Bureau of Land Management. 
SEC. 802. REPORT TO CONGRESS. 
No later than February 1, 1998, ULEP and the Secretaries 
shall submit a joint report to the Committee on Resources of the 
United States House of Representatives and to the Committee 
on Energy and Natural Resources of the United States Senate 
concerning their studies, findings, recommendations, mapping and 
other activities conducted pursuant to this title. 
SEC. 803. AUTHORIZATION OF APPROPRIATIONS. 
In furtherance of the purposes of this title, there is hereby 
authorized to be appropriated the sum of $2 million, to remain 
available until expended. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-546 
DIVISION 
C—ILLEGAL 
IMMIGRATION 
REFORM AND IMMIGRANT RESPON-
SIBILITY ACT OF 1996 
SEC. 1. SHORT TITLE OF DIVISION; AMENDMENTS TO IMMIGRATION 
AND NATIONALITY ACT; APPLICATION OF DEFINITIONS 
OF SUCH ACT; TABLE OF CONTENTS OF DIVISION; SEVER-
ABIUTY. 
(a) SHORT TITLE.—This division may be cited as the "Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996". 
(b) AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT.— 
Except as otherwise specifically provided— 
(1) whenever in this division an amendment or repeal 
is expressed as the amendment or repeal of a section or other 
provision, the reference shall be considered to be made to 
that section or provision in the Immigration and Nationality 
Act; and 
(2) amendments to a section or other provision are to 
such section or other provision before any amendment made 
to such section or other provision elsewhere in this division. 
(c) APPLICATION OF CERTAIN DEFINITIONS.—Except as otherwise 
specifically provided in this division, for purposes of titles I and 
VI of this division, the terms "alien", "Attorney General", "border 
crossing identification card", "entry", "immigrant", "immigrant 
visa", "lawfully admitted for permanent residence", "national", 
"naturalization", "refugee", "State", and "United States" shall have 
the meaning given such terms in section 101(a) of the Immigration 
and Nationality Act. 
(d) TABLE OF CONTENTS OF DIVISION.—^The table of contents 
of this division is as follows: 
Sec. I. Short title of division; amendments to Immigration and Nationality 
Act; application of deflnitions of such Act; table of contents 
of division; severability. 
TITLE I—IMPROVEMENTS TO BORDER CONTROL, FACILITA-
TION OF LEGAL ENTRY, AND INTERIOR ENFORCEMENT 
Subtitle A—Improved Enforcement at the Border 
Sec. 101. Border patrol agents and support personnel. 
Sec. 102. Improvement of barriers at border. 
Sec. 103. Improved border equipment and technology. 
Sec. 104. Improvement in border crossing identification card. 
Sec. 105. Civil penalties for illegal entry. 
Sec. 106. Hiring and training standards. 
Sec. 107. Report on border strategy. 
Sec. 108. Criminal penalties for high speed flights ft*om immigration check-
points. 
Sec. 109. Joint study of automated data collection. 
Sec. 110. Automated entry-exit control system. 
Sec. 111. Submission of final plan on realignment of border patrol positions 
lUegal 
Immigration 
Reform and 
Immigrant 
Responsibility 
Act of 1996. 
8 u s e 1101 note. 
8 u s e 1101 note. 
8 u s e 1101 note. 
110 STAT. 3009-547 
PUBLIC LAW 104-208—SEPT. 30, 1996 
from interior stations. 
Sec. 112. Nationwide fingerprinting of apprehended aliens. 
Subtitle B—Facilitation of Legal Entry 
Sec. 121. Land border inspectors. 
Sec. 122. Land border inspection and automated permit pilot projects. 
Sec. 123. Preinspection at foreign airports. 
Sec. 124. Training of airline personnel in detection of fraudulent docu-
ments. 
Sec. 125. Preclearance authority. 
Subtitle C—Interior Enforcement 
Sec. 131. Authorization of appropriations for increase in number of certain 
investigators. 
Sec. 132. Authorization of appropriations for increase in number of inves-
tigators of visa overstayers. 
Sec. 133. Acceptance of State services to carry out immigration enforce-
ment. 
Sec. 134. Minimum State INS presence. 
TITLE II—ENHANCED ENFORCEMENT AND PENALTIES 
AGAINST ALIEN SMUGGLING; DOCUMENT FRAUD 
Subtitle A—^Enhanced Enforcement and Penalties Against Alien 
Smuggling 
Sec. 201. Wiretap authority for investigations of alien smuggling or docu-
ment fraud. 
Sec. 202. Racketeering offenses relating to alien smuggling. 
Sec. 203. Increased criminal penalties for alien smuggling. 
Sec. 204. Increased number of assistant United States Attorneys. 
Sec. 205. Undercover investigation authority. 
Subtitle B—Deterrence of Document Fraud 
Sec. 211. Increased criminal penalties for fraudulent use of government-
issued documents. 
Sec. 212. New document fraud ofiTenses; new civil penalties for document 
fraud. 
Sec. 213. New criminal penalty for failure to disclose role as preparer 
of false application for immigration beneHts. 
Sec. 214. Criminal penalty for knowingly presenting document which fails 
to contain reasonable basis in law or fact. 
Sec. 215. Criminal penalty for false claim to citizenship. 
Sec. 216. Criminal penalty for voting by aliens in Federal election. 
Sec. 217. Criminal forfeiture for passport and visa related offenses. 
Sec. 218. Penalties for involuntary servitude. 
Sec. 219. Admissibility of videotaped witness testimony. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-548 
Sec. 220. Subpoena authority in document fraud enforcement. 
TITLE III—INSPECTION, APPREHENSION, DETENTION, AD-
JUDICATION, AND REMOVAL OF INADMISSIBLE AND DE-
PORTABLE ALIENS 
Subtitle A—Revision of Procedures for Removal of Aliens 
Sec. 301. Treating persons present in the United States without authoriza-
tion as not admitted. 
Sec. 302. Inspection of aliens; expedited removal of inadmissible arriving 
aliens; referral for hearing (revised section 235). 
Sec. 303. Apprehension and detention of aliens not lawfully in the United 
States (revised section 236). 
Sec. 304. Removal proceedings; cancellation of removal and adjustment 
of status; voluntary departure (revised and new sections 239 
to240C). 
Sec. 305. Detention and removal of aliens ordered removed (new section 
241). 
Sec. 306. Appeals from orders of removal (new section 242). 
Sec. 307. Penalties relating to removal (revised section 243). 
Sec. 308. Redesignation and reorganization of other provisions; additional 
conforming amendments. 
Sec. 309. Effective dates; transition. 
Subtitle B—Criminal Alien Provisions 
Sec. 321. Amended definition of aggravated felony. 
Sec. 322. Definition of conviction and term of imprisonment. 
Sec. 323. Authorizing registration of aliens on criminal probation or crimi-
nal parole. 
Sec. 324. Penalty for reentry of deported aliens. 
Sec. 325. Change in filing requirement. 
Sec. 326. Criminal alien identification system. 
Sec. 327. Appropriations for criminal alien tracking center. 
Sec. 328. Provisions relating to State criminal alien assistance program. 
Sec. 329. Demonstration project for identification of illegal aliens in incar-
ceration facility of Anaheim, California. 
Sec. 330. Prisoner transfer treaties. 
Sec. 331. Prisoner transfer treaties study. 
Sec. 332. Annual report on criminal aliens. 
Sec. 333. Penalties for conspiring with or assisting an alien to commit 
an offense under the Controlled Substances Import and Export 
Act. 
Sec. 334. Enhanced penalties for failure to depart, illegal reentry, and pass-
port and visa fraud. 
Subtitle C—Revision of Grounds for Exclusion and Deportation 
S e c 341. Proof of vaccination requirement for immigrants. 
110 STAT. 3009-549 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Sec. 342. Incitement of terrorist activity and provision of false documenta-
tion to terrorists as a basis for exclusion from the United States. 
Sec. 343. Certification requirements for foreign health-care workers. 
Sec. 344. Removal of aliens falsely claiming United States citizenship. 
Sec. 345. Waiver of exclusion and deportation ground for certain section 
274C violators. 
Sec. 346. Inadmissibility of certain student visa abusers. 
Sec. 347. Removal of aliens who have unlawfully voted. 
Sec. 348. Waivers for immigrants convicted of crimes. 
Sec. 349. Waiver of misrepresentation ground of inadmissibility for certain 
alien. 
Sec. 350. Offenses of domestic violence and stalking as ground for deporta-
tion. 
Sec. 351. Clarification of date as of which relationship required for waiver 
from exclusion or deportation for smuggling. 
Sec. 352. Exclusion of former citizens who renounced citizenship to avoid 
United States taxation. 
Sec. 353. References to changes elsewhere in division. 
Subtitle D—Changes in Removal of Alien Terrorist Provisions 
Sec. 354. Treatment of classified information. 
Sec. 355. Exclusion of representatives of terrorist organizations. 
Sec. 356. Standard for judicial review of terrorist organization designa-
tions. 
Sec. 357. Removal of ancillary relief for voluntary departure. 
Sec. 368. Effective date. 
Subtitle E—^Transportation of Aliens 
Sec. 361. Definition of stowaway. 
Sec. 362. Transportation contracts. 
Subtitle F—^Additional Provisions 
Sec. 371. Immigration judges and compensation. 
Sec. 372. Delegation of immigration enforcement authority. 
Sec. 373. Powers and duties of the Attorney General and the Commissioner. 
Sec. 374. Judicial deportation. 
Sec. 375. Limitation on adjustment of status. 
Sec. 376. Treatment of certain fees. 
Sec. 377. Limitation on legalization litigation. 
Sec. 378. Rescission of lawful permanent resident status. 
Sec. 379. Administrative review of orders. 
Sec. 380. Civil penalties for failure to depart. 
Sec. 381. Clarification of district court jurisdiction. 
Sec. 382. Application of additional civil penalties to enforcement. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-550 
Sec. 383. Exclusion of certain aliens from family unity program. 
Sec. 384. Penalties for disclosure of information. 
Sec. 385. Authorization of additional funds for removal of aliens. 
Sec. 386. Increase in INS detention facilities; report on detention space. 
Sec. 387. Pilot program on use of closed military bases for the detention 
of inadmissible or deportable aliens. 
Sec. 388. Report on interior repatriation program. 
TITLE IV—ENFORCEMENT OF RESTRICTIONS AGAINST 
EMPLOYMENT 
Subtitle A—Pilot Programs for Employment Eligibility 
Confirmation 
Sec. 401. Establishment of programs. 
Sec. 402. Voluntary election to participate in a pilot program. 
Sec. 403. Procedures for participants in pilot programs. 
Sec. 404. Employment eligibility confirmation system. 
Sec. 405. Reports. 
Subtitle B—Other Provisions Relating to Employer Sanctions 
Sec. 411. Limiting liability for certain technical violations of paperwork 
requirements. 
Sec. 412. Paperwork and other changes in the employer sanctions program. 
Sec. 413. Report on additional authority or resources needed for enforce-
ment of employer sanctions provisions. 
Sec. 414. Reports on earnings of aliens not authorized to work. 
S e c 415. Authorizing maintenance of certain information on aliens. 
Sec. 416. Subpoena authority. 
Subtitle C—Unfair Immigration-Related Employment Practices 
Sec. 421. Treatment of certain documentary practices as unfair immigra-
tion-related employment practices. 
TITLE V—RESTRICTIONS ON BENEFITS FOR ALIENS 
Subtitle A—Eligibility of Aliens for Public Assistance and Benefits 
Sec. 501. Exception to ineligibility for public benefits for certain battered 
aliens. 
Sec. 502. Pilot programs on limiting issuance of driver's licenses to illegal 
aliens. 
Sec. 503. Ineligibility of aliens not lawfully present for Social Security 
benefits. 
Sec. 504. Procedures for requiring proof of citizenship for Federal public 
benefits. 
S e c 505. Limitation on eligibility for preferential treatment of aliens not 
lawfully present on basis of residence for higher education bene-
fits. 
110 STAT. 3009-551 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Sec. 506. Study and report on alien student eligibility for postsecondary 
Federal student Hnancial assistance. 
Sec. 507. Verification of immigration status for purposes of Social Security 
and higher educational assistance. 
Sec. 508. No verification requirement for nonprofit charitable organiza-
tions. 
Sec. 509. GAO study of provision of means-tested public benefits to aliens 
who are not qualified aliens on behalf of eligible individuals. 
Sec. 510. Transition for aliens currently receiving benefits under the Food 
Stamp program. 
Subtitle B—Public Charge Exclusion 
Sec. 531. Ground for exclusion. 
Subtitle C—^Affidavits of Support 
Sec. 551. Requirements for sponsor's affidavit of support. 
Sec. 552. Indigence and battered spouse and child exceptions to Federal 
attribution of income rule. 
Sec. 553. Authority of States and political subdivisions of States to limit 
assistance to aliens and to distinguish among classes of aliens 
in providing general cash public assistance. 
Subtitle D—Miscellaneous Provisions 
Sec. 561. Increased maximum criminal penalties for forging or counterfeit-
ing seal of a Federal department or agency to facilitate benefit 
fraud by an unlawful alien. 
Sec. 562. Treatment of expenses subject to emergency medical services 
exception. 
Sec. 563. Reimbursement of States and localities for emergency ambulance 
services. 
Sec. 564. Pilot programs to require bonding. 
Sec. 565. Reports. 
Subtitle E—Housing Assistance 
Sec. 571. Short title. 
Sec. 572. Prorating of financial assistance. 
Sec. 573. Actions in cases of termination of financial assistance. 
Sec. 574. Verification of immigration status and eligibility for 
financial 
assistance. 
Sec. 575. Prohibition of sanctions against entities making financial assist-
ance eligibility determinations. 
Sec. 576. Eligibility for public and assisted housing. 
Sec. 577. Regulations. 
Subtitle F—General Provisions 
Sec. 591. Effective dates. 
Sec. 592. Not applicable to foreign assistance. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-552 
Sec. 593. NotiHcation. 
Sec. 594. Deflnitions. 
TITLE VI—MISCELLANEOUS PROVISIONS 
Subtitle A—Refugees, Parole, and Asylum 
Sec. 601. Persecution for resistance to coercive population control meth-
ods. 
Sec. 602. Limitation on use of parole. 
Sec. 603. Treatment of long-term parolees in applying worldwide numerical 
limitations. 
Sec. 604. Asylum reform. 
Sec. 605. Increase in asylum officers. 
Sec. 606. Conditional repeal of Cuban Adjustment Act. 
Subtitle B—Miscellaneous Amendments to the Immigration and 
Nationality Act 
Sec. 621. Alien witness cooperation. 
Sec. 622. Waiver of foreign country residence requirement with respect 
to international medical graduates. 
Sec. 623. Use of legalization and special agricultural worker information. 
Sec. 624. Continued validity of labor certifications and classification peti-
tions for professional athletes. 
Sec. 625. Foreign students. 
Sec. 626. Services to family members of certain officers and agents killed 
in the line of duty. 
Subtitle C—Provisions Relating to Visa Processing and Consular 
Efficiency 
Sec. 631. Validity of period of visas. 
Sec. 632. Elimination of consulate shopping for visa overstays. 
Sec. 633. Authority to determine visa processing procedures. 
Sec. 634. Changes regarding visa application process. 
Sec. 635. Visa waiver program. 
Sec. 636. Fee for diversity immigrant lottery. 
Sec. 637. Eligibility for visas for certain Polish applicants for the 1995 
diversity immigrant program. 
Subtitle D—Other Provisions 
Sec. 641. Program to collect information relating to nonimmigrant foreign 
students. 
Sec. 642. Communication between government agencies and the Immigra-
tion and Naturalization Service. 
Sec. 643. Regulations regarding habitual residence. 
Sec. 644. Information regarding female genital mutilation. 
Sec. 645. Criminalizationof female genital mutilation. 
110 STAT. 3009-553 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Sec. 646. Adjustment of status for certain Polish and Hungarian parolees. 
Sec. 647. Support of demonstration projects. 
Sec. 648. Sense of Congress regarding American-made products; require-
ments regarding notice. 
Sec. 649. Vessel movement controls during immigration emergency. 
Sec. 650. Review of practices of testing entities. 
Sec. 651. Designation of a United States customs administrative building. 
Sec. 652. Mail-order bride business. 
Sec. 653. Review and report on H-2A nonimmigrant workers program. 
Sec. 654. Report on allegations of harassment by Canadian customs agents. 
Sec. 655. Sense of Congress on discriminatory application of New Bruns-
wick provincial sales tax. 
Sec. 656. Improvements in identification-related documents. 
Sec. 657. Development of prototype of counterfeit-resistant Social Security 
card. 
Sec. 658. Border Patrol Museum. 
Sec. 659. Sense of the Congress regarding the mission of the Immigration 
and Naturalization Service. 
Sec. 660. Authority for National Guard to assist in transportation of certain 
aliens. 
Subtitle E—^Technical Corrections 
Sec. 671. Miscellaneous technical corrections. 
8 use 1101 note. 
(e) SEVERABILITY.—If any provision of this division or the 
application of such provision to any person or circumstances is 
held to be unconstitutional, the remainder of this division and 
the application of the provisions of this division to any person 
or circumstance shall not be affected thereby. 
TITLE I—IMPROVEMENTS TO BORDER 
CONTROL, FACILITATION OF LEGAL 
ENTRY, 
AND 
INTERIOR 
ENFORCE-
MENT 
Subtitle A—Improved Enforcement at the 
Border 
SEC. 
1
0
1
. 
BORDER 
PATROL 
AGENTS 
AND 
SUPPORT 
PERSONNEL. 
(a) 
INCREASED NUMBER OF BORDER PATROL AGENTS.—The 
Attorney General in each of fiscal years 1997, 1998, 1999, 2000, 
and 2001 shall increase by not less than 1,000 the number of 
positions for full-time, active-duty border patrol agents within the 
Immigration and Naturalization Service above the number of such 
positions for which funds were allotted for the preceding fiscal 
year. 
(b) INCREASE IN BORDER PATROL SUPPORT PERSONNEL.—The 
Attorney General, in each of fiscal years 1997, 1998, 1999, 2000, 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-554 
and 2001, may increase by 300 the number of positions for personnel 
in support of border patrol agents above the number of such posi-
tions for which funds were allotted for the preceding fiscal year. 
(c) DEPLOYMENT OF BORDER PATROL AGENTS.—The Attorney 
General shall, to the maximum extent practicable, ensure that 
additional border patrol agents shall be deployed among Immigra-
tion and Naturalization Service sectors along the border in propor-
tion to the level of illegal crossing of the borders of the United 
States measured in each sector during the preceding fiscal year 
and reasonably anticipated in the next fiscal year. 
(d) FORWARD DEPLOYMENT.— 
(1) IN GENERAL.—^The Attorney General shall forward 
deploy existing border patrol agents in those areas of the border 
identified as areas of high illegal entry into the United States 
in order to provide a uniform and visible deterrent to illegal 
entry on a continuing basis. The previous sentence shall not 
apply to border patrol agents located at checkpoints. 
(2) PRESERVATION OF LAW ENFORCEMENT FUNCTIONS AND 
CAPABILITIES IN INTERIOR STATES.—^The Attorney General shall, 
when deploying border patrol personnel from interior stations 
to border stations, coordinate with, and act in conjunction with. 
State and local law enforcement agencies to ensure that such 
deplo5nment does not degrade or compromise the law enforce-
ment capabilities and functions currently performed at interior 
border patrol stations. 
(3) REPORT.—Not later than 6 months after the date of 
the enactment of this Act, the Attorney General shall submit 
to the Committees on the Judiciary of the House of Representa-
tives and of the Senate a report on— 
(A) the progress and effectiveness of the forward 
deployment under paragraph (1); and 
(B) the measures taken to comply with paragraph (2). 
SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER. 
8 USC 1103 note. 
(a) IN GENERAL.—^The Attorney General, in consultation with 
the Commissioner of Immigration and Naturalization, shall take 
such actions as may be necessary to install additional physical 
barriers and roads (including the removal of obstacles to detection 
of illegal entrants) in the vicinity of the United States border 
to deter illegal crossings in areas of high illegal entry into the 
United States. 
(b) CONSTRUCTION OF FENCING AND ROAD IMPROVEMENTS IN 
THE BORDER AREA NEAR SAN DIEGO, CALIFORNIA.— 
(1) IN GENERAL.—In carrying out subsection (a), the Attor-
ney General shall provide for the construction along the 14 
miles of the international land border of the United States, 
starting at the Pacific Ocean and extending eastward, of second 
and third fences, in addition to the existing reinforced fence, 
and for roads between the fences. 
(2) PROMPT ACQUISITION OF NECESSARY EASEMENTS.—^The 
Attorney General, acting under the authority conferred in sec-
tion 103(b) of the Immigration and Nationality Act (as inserted 
by subsection (d)), shall promptly acquire such easements as 
may be necessary to carry out this subsection and shall com-
mence construction of fences immediately following 
such 
acquisition (or conclusion of portions thereof). 
110 STAT. 3009-555 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(3) SAFETY FEATURES.—The Attorney General, while con-
structing the additional fencing under this subsection, shall 
incorporate such safety features into the design of the fence 
system as are necessary to ensure the well-being of border 
patrol agents deployed within or in near proximity to the sys-
tem. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to carry out this subsection not to 
exceed $12,000,000. Amounts appropriated under this para-
graph are authorized to remain available until expended. 
(c) WAIVER.—^The provisions of the Endangered Species Act 
of 1973 and the National Environmental Policy Act of 1969 are 
waived to the extent the Attorney (General determines necessary 
to ensure expeditious construction of the barriers and roads under 
this section. 
(d) LAND ACQUISITION AUTHORITY.— 
(1) IN GENERAL.—Section 103 (8 U.S.C. 1103) is amended— 
(A) by redesignating subsections (b), (c), and (d) as 
subsections (c), (d), and (e), respectively; and 
(B) by inserting after subsection (a) the following: 
"(b)(1) The Attorney Greneral may contract for or buy any 
interest in land, including temporary use rights, adjacent to or 
in the vicinity of an international land border when the Attorney 
General deems the land essential to control and guard the bound-
aries and borders of the United States against any violation of 
this Act. 
"(2) The Attorney General may contract for or buy any interest 
in land identified pursuant to paragraph (1) as soon as the lawful 
owner of that interest fixes a price for it and the Attorney General 
considers that price to be reasonable. 
"(3) When the Attorney General and the lawful owner of an 
interest identified pursuant to paragraph (1) are unable to agree 
upon a reasonable price, the Attorney General may commence con-
demnation proceedings pursuant to the Act of August 1, 1888 (Chap-
ter 728; 25 Stat. 357). 
"(4) The Attorney General may accept for the United States 
a gift of any interest in land identified pursuant to paragraph 
(1).". 
(2) 
CONFORMING 
AMENDMENT.—Section 
103(e) 
(as 
so 
redesignated by paragraph (1)(A)) is amended by striking "sub-
section (c)" and inserting "subsection (d)". 
8 u s e 1103 note. 
SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY. 
The Attorney General is authorized to acquire and use, for 
the purpose of detection, interdiction, and reduction of illegal 
immigration into the United States, any Federal equipment (includ-
ing fixed wing aircraft, helicopters, four-wheel drive vehicles, 
sedans, night vision goggles, night vision scopes, and sensor units) 
determined available for transfer by any other agency of the Federal 
Government upon request of the Attorney General. 
SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION 
CARD. 
(a) IN GENERAL.—Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is 
amended by adding at the end the following: "Such regulations 
shall provide that (A) each such document include a biometric 
identifier (such as the fingerprint or handprint of the alien) that 
is machine readable and (B) an alien presenting a border crossing 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-556 
identification card is not permitted to cross over the border into 
the United States unless the biometric identifier contained on the 
card matches the appropriate biometric characteristic of the aUen.". 
(b) EFFECTIVE DATES.— 
8 use iioi note. 
(1) CLAUSE A.—Clause (A) of the sentence added by the 
amendment made by subsection (a) shall apply to documents 
issued on or after 18 months after the date of the enactment 
of this Act. 
(2) CLAUSE B.—Clause (B) of such sentence shall apply 
to cards presented on or after 3 years after the date of the 
enactment of this Act. 
SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY. 
(a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is amended— 
(1) by redesignating subsections (b) and (c) as subsections 
(c) and (d), respectively; and 
(2) by inserting after subsection (a) the following: 
"(b) Any alien who is apprehended while entering (or attempting 
to enter) the United States at a time or place other than as des-
ignated by immigration officers shall be subject to a civil penalty 
of— 
"(1) at least $50 and not more than $250 for each such 
entry (or attempted entry); or 
"(2) twice the amount specified in paragraph (1) in the 
case of an alien who has been previously subject to a civil 
penalty under this subsection. 
Civil penalties under this subsection are in addition to, and not 
in lieu of, any criminal or other civil penalties that may be 
imposed.". 
(b) EFFECTIVE DATE.—^The amendments made by subsection 
8 USC 1325 note, 
(a) shall apply to illegal entries or attempts to enter occurring 
on or after the first day of the sixth month beginning after the 
date of the enactment of this Act. 
SEC. 106. HIRING AND TRAINING STANDARDS. 
8 USC 1103 note. 
(a) REVIEW OF HIRING STANDARDS.—Not later than 60 days 
after the date of the enactment of this Act, the Attorney General 
shall complete a review of all prescreening and hiring standards 
used by the Commissioner of Immigration and Naturalization, and, 
where necessary, revise such standards to ensure that they are 
consistent with relevant standards of professionalism. 
(b) CERTIFICATION.—^At the conclusion of each of fiscal years 
1997, 1998, 1999, 2000, and 2001, the Attorney General shall certify 
in writing to the Committees on the Judiciary of the House of 
Representatives and of the Senate that all personnel hired by 
the Commissioner of Immigration and Naturalization for such fiscal 
year were hired pursuant to the appropriate standards, as revised 
under subsection (a). 
(c) REVIEW OF TRAINING STANDARDS.— 
(1) REVIEW.—^Not later than 180 days after the date of 
the enactment of this Act, the Attorney General shall complete 
a review of the sufficiency of all training standards used by 
the Commissioner of Immigration and Naturalization. 
(2) REPORT.— 
(A) IN GENERAL.—^Not later than 90 days after the 
completion of the review under paragraph (1), the Attorney 
General shall submit a report to the Committees on the 
110 STAT. 3009-557 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Judiciary of the House of Representatives and of the Senate 
on the results of the review, including— 
(i) a description of the status of efforts to update 
and improve training throughout the Immigration and 
Naturalization Service; and 
(ii) an estimate of when such efforts are expected 
to be completed. 
(B) AREAS REQUIRING FUTURE REVIEW.—The report 
shall disclose those areas of training that the Attorney 
General determines require further review in the future. 
8 u s e 1103 note. 
SEC. 107. REPORT ON BORDER STRATEGY. 
(a) EVALUATION OF STRATEGY.—^The Comptroller General of 
the United States shall track, monitor, and evaluate the Attorney 
General's strategy to deter illegal entry in the United States to 
determine the efficacy of such strategy. 
(b) COOPERATION.—^The Attorney General, the Secretary of 
State, and the Secretary of Defense shall cooperate with the 
Comptroller Greneral of the United States in carrying out subsection 
(a). 
(c) REPORT.—^Not later than one year after the date of the 
enactment of this Act, and every year thereafter for the succeeding 
5 years, the Comptroller General of the United States shall submit 
a report to the Committees on the Judiciary of the House of Rep-
resentatives and of the Senate on the results of the activities 
undertaken under subsection (a) during the previous year. Each 
such report shall include an analysis of the degree to which the 
Attorney General's strategy has been effective in reducing illegal 
entry. Each such report shall include a collection and systematic 
analysis of data, including workload indicators, related to activities 
to deter illegal entry and recommendations to improve and increase 
border security at the border and ports of entry. 
SEC. 108. CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS FROM 
IMMIGRATION CHECKPOINTS. 
18 use 758 note. 
(a) FINDINGS.—^The Congress finds as follows: 
(1) Immigration checkpoints are an important component 
of the national strategy to prevent illegal immigration. 
(2) Individuals fleeing immigration checkpoints and leading 
law enforcement officials on high speed vehicle chases endanger 
law enforcement officers, innocent bystanders, and the fleeing 
individuals themselves. 
(3) The pursuit of suspects fleeing immigration checkpoints 
is complicated by overlapping jurisdiction among Federal, State, 
and local law enforcement officers. 
(b) HIGH SPEED FLIGHT FROM IMMIGRATION CHECKPOINTS.— 
(1) IN GENERAL.—Chapter 35 of title 18, United States 
Code, is amended by adding at the end the following: 
*
*
§ 758. High speed flight from immigration checkpoint 
"Whoever flees or evades a checkpoint operated by the Immigra-
tion and Naturalization Service, or any other Federal law enforce-
ment agency, in a motor vehicle and flees Federal, State, or local 
law enforcement agents in excess of the legal speed limit shall 
be fined under this title, imprisoned not more than five years, 
or both.". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-558 
(2) CLERICAL AMENDMENT.—^The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 757 the following: 
"758. High speed flight from immigration checkpoint.". 
(c) GROUNDS FOR DEPORTATION.—Section 241(a)(2)(A) (8 U.S.C. 
1251(a)(2)(A)) is amended— 
(1) by redesignating clause (iv) as clause (v); 
(2) by inserting after clause (iii) the following: 
"(iv) HIGH SPEED FLIGHT.—^Any alien who is con-
victed of a violation of section 758 of title 18, United 
States Code, (relating to high speed flight from an 
immigration checkpoint) is deportable."; and 
(3) in clause (v) (as so redesignated by paragraph (1)), 
by striking "and (iii)" and inserting "(iii), and (iv)". 
SEC. 109. JOINT STUDY OF AUTOMATED DATA COLLECTION. 
(a) STUDY.—^The Attorney General, together with the Secretary 
of State, the Secretary of Agriculture, the Secretary of the Treasury, 
and appropriate representatives of the air transport industry, shall 
jointly undertake a study to develop a plan for making the transition 
to automated data collection at ports of entry. 
(b) REPORT.—^Nine months after the date of the enactment 
of this Act, the Attorney General shall submit a report to the 
Committees on the Judiciary of the Senate and the House of Rep-
resentatives on the outcome of the joint initiative under subsection 
(a), noting specific areas of agreement and disagreement, and rec-
ommending further steps to be taken, including any suggestions 
for legislation. 
SEC. 110. AUTOMATED ENTRY-EXIT CONTROL SYSTEM. 
8 USC 1221 note. 
(a) SYSTEM.—^Not later than 2 years after the date of the 
enactment of this Act, the Attorney General shall develop an auto-
mated entry and exit control system that will— 
(1) collect a record of departure for every alien departing 
the United States and match the records of departure with 
the record of the alien's arrival in the United States; and 
(2) enable the Attorney General to identify, through on-
line searching procedures, lawfully admitted nonimmigrants 
who remain in the United States beyond the period authorized 
by the Attorney General. 
(b) REPORT.— 
(1) DEADLINE.—^Not later than December 31 of each year 
following the development of the system under subsection (a), 
the Attorney General shall submit an annual report to the 
Committees on the Judiciary of the House of Representatives 
and of the Senate on such system. 
(2) INFORMATION.—^The report shall include the following 
information: 
(A) The number of departure records collected, with 
an accounting by country of nationality of the departing 
alien. 
(B) The number of departure records that were success-
fully matched to records of the alien's prior arrival in 
the United States, with an accounting by the alien's country 
of nationality and by the alien's classification as an 
immigrant or nonimmigrant. 
110 STAT. 3009-559 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(C) The number of aliens who arrived as non-
immigrants, or as a visitor under the visa waiver program 
under section 217 of the Immigration and NationaHty Act, 
for whom no matching departure record has been obtained 
through the system or through other means as of the 
end of the ahen's authorized period of stay, with an 
accounting by the aHen's country of nationahty and date 
of arrival in the United States. 
(c) USE OF INFORMATION ON OVERSTAYS.—Information regard-
ing aliens who have remained in the United Staty beyond their 
authorized period of stay identified through the system shall be 
integrated into appropriate data bases of the Immigration and 
Naturalization Service and the Department of State, including those 
used at ports of entry and at consular offices. 
SEC. 111. SUBMISSION OF FINAL PLAN ON REALIGNMENT OF BORDER 
PATROL POSITIONS FROM INTERIOR STATIONS. 
Not later than November 30, 1996, the Attorney General shall 
submit to the Committees on the Judiciary of the House of Rep-
resentatives and of the Senate a final plan regarding the redeploy-
ment of border patrol personnel from interior locations to the front 
lines of the border. The final plan shall be consistent with the 
following: 
(1) The preliminary plan regarding such redeployment 
submitted by the Attorney General on May 17, 1996, to the 
Committee on Appropriations of the House of Representatives 
and the Committee on Appropriations of the Senate. 
(2) The direction regarding such redeployment provided 
in the joint explanatory statement of the committee of con-
ference in the conference report to accompany the Omnibus 
Consolidated Rescissions and Appropriations Act of 1996 (Public 
Law 104-134). 
SEC. 112. NATIONWIDE FINGERPRINTING OF APPREHENDED ALIENS. 
There are authorized to be appropriated such additional sums 
as may be necessary to ensure that the "IDENT" program (operated 
by the Immigration and Naturalization Service) is expanded to 
apply to illegal or criminal aliens apprehended nationwide. 
Subtitle B—Facilitation of Legal Entry 
SEC. 121. LAND BORDER INSPECTORS. 
In order to eliminate undue delay in the thorough inspection 
of persons and vehicles lawfully attempting to enter the United 
States, the Attorney Greneral and the Secretary of the Treasury 
each shall increase, by approximately equal numbers in each of 
fiscal years 1997 and 1998, the number of full-time land border 
inspectors assigned to active duty by the Immigration and Natu-
ralization Service and the United States Customs Service to a 
level adequate to assure full staffing during peak crossing hours 
of all border crossing lanes currently in use, under construction, 
or whose construction has been authorized by the Congress, except 
such low-use lanes as the Attorney General may designate. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-560 
SEC. 122. LAND BORDER INSPECTION AND AUTOMATED PERMIT PILOT 
PROJECTS. 
(a) EXTENSION OF LAND BORDER INSPECTION PROJECT AUTHOR-
ITY; ESTABLISHMENT OF AUTOMATED PERMIT PILOT PROJECTS.—Sec-
tion 286(q) is amended— 
8 USC 1356. 
(1) by striking the matter preceding paragraph (2) and 
inserting the following: 
"(q) LAND BORDER INSPECTION FEE ACCOUNT.—(l)(A)(i) Not-
withstanding any other provision of law, the Attorney General 
is authorized to establish, by regulation, not more than 6 projects 
under which a fee may be charged and collected for inspection 
services provided at one or more land border points of entry. Such 
projects may include the establishment of commuter lanes to be 
made available to qualified United States citizens and aliens, as 
determined by the Attorney General. 
"(ii) The program authorized in this subparagraph shall termi-
nate on September 30, 2000, unless further authorized by an Act 
of Congress. 
"(iii) This subparagraph shall take effect, with respect to any 
project described in clause (1) that was not authorized to be com-
menced before the date of the enactment of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996, 30 days after 
submission of a written plsin by the Attorney General detailing 
the proposed implementation of such project. 
"(iv) The Attorney General shall prepare and submit on a 
quarterly basis, until September 30, 2000, a status report on each 
land border inspection project implemented under this subpara-
graph. 
"(B) The Attorney General, in consultation with the Secretary 
of the Treasury, may conduct pilot projects to demonstrate the 
use of designated ports of entry after working hours through the 
use of card reading machines or other appropriate technology."; 
and 
(2) by striking paragraph (5). 
(b) CONFORMING AMENDMENT.—The Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropria-
tion Act, 1994 (Public Law 103-121, 107 Stat. 1161) is amended 
8 USC 1356 note, 
by striking the fourth proviso under the heading "Immigration 
and Naturalization Service, Salaries and Expenses". 
SEC. 123. PREINSPECTION AT FOREIGN AIRPORTS. 
(a) IN GENERAL.—^The Immigration and Nationality Act is 
amended by inserting after siection 235 the following: 
"PREINSPECTION AT FOREIGN AIRPORTS 
"SEC. 235A. (a) ESTABLISHMENT OF PREINSPECTION STATIONS.— 8 use 1225a. 
"(1) NEW STATIONS.—Subject to paragraph (5), not later 
than October 31, 1998, the Attorney General, in consultation 
with the Secretary of State, shall establish and maintain 
preinspection stations in at least 5 of the foreign airports that 
are among the 10 foreign airports which the Attorney General 
identifies as serving as last points of departure for the greatest 
numbers of inadmissible alien passengers who arrive from 
abroad by air at ports of entry within the United States. Such 
preinspection stations shall be in addition to any preinspection 
stations established prior to the date of the enactment of such 
Act. 
110 STAT. 3009-561 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(2) REPORT.—Not later than October 31, 1998, the Attor-
ney General shall report to the Committees on the Judiciary 
of the House of Representatives and of the Senate on the 
implementation of paragraph (1). 
"(3) DATA COLLECTION.—Not later than November 1, 1997, 
and each subsequent November 1, the Attorney General shall 
compile data identifying— 
"(A) the foreign airports which served as last points 
of departure for aliens who arrived by air at United States 
ports of entry without valid documentation during the 
preceding fiscal years; 
"(B) the number and nationality of such aliens arriving 
from each such foreign airport; and 
"(C) the primary routes such aliens followed from their 
country of origin to the United States. 
"(4) ADDITIONAL STATIONS.—Subject to paragraph (5), 
not 
later than October 31, 2000, the Attorney General, in consulta-
tion with the Secretary of State, shall establish preinspection 
stations in at least 5 additional foreign airports which the 
Attorney General, in consultation with the Secretary of State, 
determines, based on the data compiled under paragraph (3) 
and such other information as may be available, would most 
effectively reduce the number of aliens who arrive from abroad 
by air at points of entry within the United States who are 
inadmissible to the United States. Such preinspection stations 
shall be in addition to those established prior to the date 
of the enactment of such Act or pursuant to paragraph (1). 
"(5) 
CONDITIONS.—Prior 
to 
the 
establishment 
of 
a 
preinspection station, the Attorney General, in consultation 
with the Secretary of State, shall ensure that— 
"(A) employees of the United States stationed at the 
preinspection station and their accompanying family mem-
bers will receive appropriate protection; 
"(B) such employees and their families will not be 
subject to unreasonable risks to their welfare and safety; 
and 
"(C) the country in which the preinspection station 
is to be established maintains practices and procedures 
with respect to asylum seekers and refugees in accordance 
with the Convention Relating to the Status of Refugees 
(done at Geneva, July 28, 1951), or the Protocol Relating 
to the Status of Refiigees (done at New York, January 
31, 1967), or that an alien in the country otherwise has 
recourse to avenues of protection from return to persecu-
tion. 
"(b) ESTABLISHMENT OF CARRIER CONSULTANT PROGRAM.—The 
Attorney General shall assign additional immigration officers to 
assist air carriers in the detection of fraudulent documents at 
foreign airports which, based on the records maintained pursuant 
to subsection (a)(3), served as a point of departure for a significant 
number of arrivals at United States ports of entry without valid 
documentation, but where no preinspection station exists.". 
(b) CLERICAL AMENDMENT.—^The table of contents is amended 
by inserting after the item relating to section 235 the following: 
"Sec. 235A. Preinspection at foreign airports.". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-562 
SEC. 124. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF 
FRAUDULENT DOCUMENTS. 
(a) USE OF FUNDS.— 
(1) 
IN 
GENERAL.—Section 
286(h)(2)(A) 
(8 
U.S.C. 
1356(h)(2)(A)) is amended— 
(A) in clause (iv), by inserting ", including training 
of, and technical assistance to, commercial airline personnel 
regarding such detection" after "United States"; and 
(B) by adding at the end the following: 
"The Attorney General shall provide for expenditures for training 
and assistance described in clause (iv) in an amount, for any fiscal 
year, not less than 5 percent of the total of the expenses incurred 
that are described in the previous sentence.". 
(2) APPLICABILITY.—^The amendments made by paragraph 
8 USC 1356 note. 
(1) shall apply to expenses incurred during or after fiscal year 
1997. 
(b) COMPLIANCE WITH DETECTION REGULATIONS.— 
(1) IN GENERAL.—Section 212(f) (8 U.S.C. 1182(f)) is amend-
ed by adding at the end the following: "Whenever the Attorney 
General finds that a commercial airline has failed to comply 
with regulations of the Attorney General relating to require-
ments of airlines for the detection of fraudulent documents 
used by passengers traveling to the United States (including 
the training of personnel in such detection), the Attorney Gen-
eral may suspend the entry of some or all aliens transported 
to the United States by such airline.". 
(2) DEADLINE.—^The Attorney General shall first issue, in 8 USC 1182 note. 
proposed form, regulations referred to in the second sentence 
of section 212(f) of the Immigration and Nationality Act, as 
added by the amendment made by paragraph (1), not later 
than 90 days after the date of the enactment of this Act. 
SEC. 125. PRECLEARANCE AUTHORITY. 
Section 103(a) of the Immigration and Nationality Act (8 U.S.C. 
1103(a)) is amended by adding at the end the following: 
"After consultation with the Secretary of State, the Attorney Gen-
eral may authorize officers of a foreign country to be stationed 
at preclearance facilities in the United States for the purpose of 
ensuring that persons traveling from or through the United States 
to that foreign country comply with that country's immigration 
and related laws. Those officers may exercise such authority and 
perform such duties as United States immigration officers are 
authorized to exercise and perform in that foreign country under 
reciprocal agreement, and they shall enjoy such reasonable privi-
leges and immunities necessary for the performance of their duties 
as the government of their country extends to United States 
immigration officers.". 
Subtitle C—Interior Enforcement 
SEC. 131. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN 
NUMBER OF CERTAIN INVESTIGATORS. 
(a) AUTHORIZATION.—There are authorized to be appropriated 
such funds as may be necessary to enable the Commissioner of 
Immigration and Naturalization to increase the number of inves-
tigators and support personnel to investigate potential violations 
110 STAT. 3009-563 
PUBLIC LAW 104-208—SEPT. 30, 1996 
of sections 274 and 274A of the Immigration and Nationality Act 
by a number equivalent to 300 full-time active-duty investigators 
in each of fiscal years 1997, 1998, and 1999. 
(b) ALLOCATION OF INVESTIGATORS.—At least one-half of the 
investigators hired with funds made available under subsection 
(a) shall be assigned to investigate potential violations of section 
274A of the Immigration and Nationality Act. 
(c) LIMITATION ON OVERTIME.—^None of the funds made avail-
able under subsection (a) shall be available for administrative 
expenses to pay any employee overtime pay in an amount in excess 
of $25,000 for any fiscal year. 
SEC. 132. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN 
NUMBER OF INVESTIGATORS OF VISA OVERSTAYERS. 
There are authorized to be appropriated such funds as may 
be necessary to enable the Commissioner of Immigration and Natu-
ralization to increase the number of investigators and support 
personnel to investigate visa overstayers by a number equivalent 
to 300 full-time active-duty investigators in fiscal year 1997. 
SEC. 133. ACCEPTANCE OF STATE SERVICES TO CARRY OUT IMMIGRA-
TION ENFORCEMENT. 
Section 287 (8 U.S.C. 1357) is amended by adding at the end 
the following: 
"(g)(1) Notwithstanding section 1342 of title 31, United States 
Code, the Attorney General may enter into a written agreement 
with a State, or any political subdivision of a State, pursuant 
to which an officer or employee of the State or subdivision, who 
is determined by the Attorney General to be qualified to perform 
a function of an immigration officer in relation to the investigation, 
apprehension, or detention of aliens in the United States (including 
the transportation of such aliens across State lines to detention 
centers), may carry out such function at the expense of the State 
or political subdivision and to the extent consistent with State 
and local law. 
"(2) An agreement under this subsection shall require that 
an officer or employee of a State or political subdivision of a State 
performing a function under the agreement shall have knowledge 
of, and adhere to. Federal law relating to the function, and shall 
contain a written certification that the officers or employees 
performing the function under the agreement have received ade-
quate training regarding the enforcement of relevant Federal 
immigration laws. 
"(3) In performing a function under this subsection, an officer 
or employee of a State or political subdivision of a State shall 
be subject to the direction and supervision of the Attorney General. 
"(4) In performing a function under this subsection, an officer 
or employee of a State or political subdivision of a State may 
use Federal property or facilities, as provided in a written agree-
ment between the Attorney General and the State or subdivision. 
"(5) With respect to each officer or employee of a State or 
political subdivision who is authorized to perform a function under 
this subsection, the specific powers and duties that may be, or 
are required to be, exercised or performed by the individual, the 
duration of the authority of the individual, and the position of 
the agency of the Attorney CJeneral who is required to supervise 
and direct the individual, shall be set forth in a written agreement 
between the Attorney General and the State or political subdivision. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-564 
"(6) The Attorney General may not accept a service under 
this subsection if the service will be used to displace any Federal 
employee. 
"(7) Except as provided in paragraph (8), an officer or employee 
of a State or political subdivision of a State performing functions 
under this subsection shall not be treated as a Federal employee 
for any purpose other than for purposes of chapter 81 of title 
5, United States Code, (relating to compensation for injury) and 
sections 2671 through 2680 of title 28, United States Code (relating 
to tort claims). 
"(8) An officer or employee of a State or political subdivision 
of a State acting under color of authority under this subsection, 
or any agreement entered into under this subsection, shall be 
considered to be acting under color of Federal authority for purposes 
of determining the liability, and immunity from suit, of the officer 
or employee in a civil action brought under Federal or State law. 
"(9) Nothing in this subsection shall be construed to require 
any State or political subdivision of a State to enter into an agree-
ment with the Attorney General under this subsection. 
"(10) Nothing in this subsection shall be construed to require 
an agreement under this subsection in order for any officer or 
employee of a State or political subdivision of a State— 
"(A) to communicate with the Attorney General regarding 
the immigration status of any individual, including reporting 
knowledge that a particular alien is not lawfully present in 
the United States; or 
"(B) otherwise to cooperate with the Attorney General in 
the identification, apprehension, detention, or removal of aliens 
not lawfully present in the United States.". 
SEC. 134. MINIMUM STATE INS PRESENCE. 
(a) IN GENERAL.—Section 103 (8 U.S.C. 1103), as amended 
by section 102(e) of this division, is further amended by adding 
at the end the following: 
"(f) The Attorney General shall allocate to each State not fewer 
than 10 full-time active duty agents of the Immigration and Natu-
ralization Service to carry out the functions of the Service, in 
order to ensure the effective enforcement of this Act.". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 8 use 1103 note, 
shall take effect 90 days after the date of the enactment of this 
Act. 
I 
TITLE II—ENHANCED ENFORCEMENT 
AND 
PENALTIES 
AGAINST 
ALIEN 
SMUGGLING; DOCUMENT FRAUD 
Subtitle A—^Enhanced Enforcement and 
Penalties Against Alien Smuggling 
SEC. 201. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN SMUG-
GLING OR DOCUMENT FRAUD. 
Section 2516(1) of title 18, United States Code, is amended— 
(1) in paragraph (c), by striking "or section 1992 (relating 
to wrecking trains)" and inserting "section 1992 (relating to 
110 STAT. 3009-565 
PUBLIC LAW 104-208—SEPT. 30, 1996 
wrecking trains), a felony violation of section 1028 (relating 
to production of false identification documentation), section 
1425 (relating to the procurement of citizenship or nationaliza-
tion unlawfully), section 1426 (relating to the reproduction of 
naturalization or citizenship papers), section 1427 (relating to 
the sale of naturalization or citizenship papers), section 1541 
(relating to passport issuance without authority), section 1542 
(relating to false statements in passport applications), section 
1543 (relating to forgery or false use of passports), section 
1544 (relating to misuse of passports), or section 1546 (relating 
to fraud and misuse of visas, permits, and other documents)"; 
(2) by striking "or" at the end of paragraph (1); 
(3) by redesignating paragraphs (m), (n), and (o) as para-
graphs (n), (o), and (p), respectively; and 
(4) by inserting after paragraph (1) the following new para-
graph: 
"(m) a violation of section 274, 277, or 278 of the Immigra-
tion and Nationality Act (8 U.S.C. 1324, 1327, or 1328) (relating 
to the smuggling of aliens);". 
SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING. 
Section 1961(1) of title 18, United States Code, as amended 
by section 433 of Public Law 10^^132, is amended— 
(1) by striking "if the act indictable under section 1028 
was committed for the purpose of financial gain"; 
(2) by inserting "section 1425 (relating to the procurement 
of citizenship or nationalization unlawfully), section 1426 (relat-
ing to the reproduction of naturalization or citizenship papers), 
section 1427 (relating to the sale of naturalization or citizenship 
papers)," after "section 1344 (relating to financial institution 
fraud),"; 
(3) by striking "if the act indictable under section 1542 
was committed for the purpose of financial gain"; 
(4) by striking "if the act indictable under section 1543 
was committed for the purpose of financial gain"; 
(5) by striking "if the act indictable under section 1544 
was committed for the purpose of financial gain"; and 
(6) by striking "if the act indictable under section 1546 
was committed for the purpose of financial gain". 
SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING. 
(a) COMMERCIAL ADVANTAGE.—Section 274(a)(l)(B)(i) (8 U.S.C. 
1324(a)(l)(B)(i)) is amended by inserting "or in the case of a viola-
tion of subparagraph (A)(ii), (iii), or (iv) in which the offense was 
done for the purpose of commercial advantage or private financial 
gain" after "subparagraph (A)(i)". 
(b) ADDITIONAL OFFENSES.—Section 274(a) (8 U.S.C. 1324(a)) 
is amended— 
(1) in paragraph (1)(A)— 
(A) by striking "or" at the end of clause (iii); 
(B) by striking the comma at the end of clause (iv) 
and inserting "; or"; and 
(C) by adding at the end the following new clause: 
"(v)(I) engages in any conspiracy to commit any of the 
preceding acts, or 
"(II) aids or abets the commission of any of the preceding 
acts,"; 
(2) in paragraph (1)(B)— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-566 
(A) in clause (i), by inserting "or (v)(I)" after "(A)(i)"; 
(B) in clause (ii), by striking "or (iv)" and inserting 
"(iv),or(v)(II)"; 
(C) in clause (iii), by striking "or (iv)" and inserting 
"(iv), or (v)"; and 
(D) in clause (iv), by striking "or (iv)" and inserting 
"(iv),or(v)"; 
(3) in paragraph (2)(B), by striking "be fined" and all that 
follows and inserting the following: "be fined under title 18, 
United States Code, and shall be imprisoned, in the case of 
a first or second violation of subparagraph (B)(iii), not more 
than 10 years, in the case of a first or second violation of 
subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 
10 years, and for any other violation, not less than 5 nor 
more than 15 years."; and 
(4) by adding at the end the following new paragraph: 
"(3)(A) Any person who, during any 12-month period, knowingly 
hires for employment at least 10 individuals with actual knowledge 
that the individuals are aliens described in subparagraph (B) shall 
be fined under title 18, United States Code, or imprisoned for 
not more than 5 years, or both. 
"(B) An alien described in this subparagraph is an alien who— 
"(i) is an unauthorized alien (as defined in section 
274A(h)(3)), and 
"(ii) has been brought into the United States in violation 
of this subsection.". 
(c) SMUGGLING OF ALIENS WHO WILL COMMIT CRIMES.—Clause 
(i) of section 274(a)(2)(B) (8 U.S.C. 1324(a)(2)(B)) is amended to 
read as follows: 
"(i) an offense committed with the intent or with reason 
to believe that the alien unlawfully brought into the United 
States will commit an offense against the United States 
or any State punishable by imprisonment for more than 
1 year,". 
(d) APPLYING CERTAIN PENALTIES ON A PER ALIEN BASIS.— 
Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by striking "for 
each tr£insaction constituting a violation of this paragraph, regard-
less of the number of aliens involved" and inserting "for each 
alien in respect to whom a violation of this paragraph occurs". 
(e) SENTENCING GUIDELINES.— 
28 use 994 note. 
(1) IN GENERAL.—Pursuant to its authority under section 
994(p) of title 28, United States Code, the United States 
Sentencing Commission shall promulgate sentencing guidelines 
or amend existing sentencing guidelines for offenders convicted 
of offenses related to smuggling, transporting, harboring, or 
inducing aliens in violation of section 274(a) (1)(A) or (2) of 
the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A), 
(2)(B)) in accordance with this subsection. 
(2) REQUIREMENTS.—In carrying out this subsection, the 
Commission shall, with respect to the offenses described in 
paragraph (1)— 
(A) increase the base offense level for such offenses 
at least 3 offense levels above the applicable level in effect 
on the date of the enactment of this Act; 
(B) review the sentencing enhancement for the number 
of aliens involved (U.S.S.G. 2L 1.1(b)(2)), and increase the 
sentencing enhancement by at least 50 percent above the 
110 STAT. 3009-567 
PUBLIC LAW 104-208—SEPT. 30, 1996 
applicable enhancement in effect on the date of the enact-
ment of this Act; 
(C) impose an appropriate sentencing enhancement 
upon an offender with 1 prior felony conviction arising 
out of a separate and prior prosecution for an offense 
that involved the same or similar underlying conduct as 
the current offense, to be applied in addition to any sentenc-
ing enhancement that would otherwise apply pursuant to 
the calculation of the defendant's criminal history category; 
(D) impose an additional 
appropriate 
sentencing 
enhancement upon an offender with 2 or more prior felony 
convictions arising out of separate and prior prosecutions 
for offenses that involved the same or similar underling 
conduct as the current offense, to be applied in addition 
to any sentencing enhancement that would otherwise apply 
pursuant to the calculation of the defendant's criminal 
history category; 
(E) impose an appropriate sentencing enhancement on 
a defendant who, in the course of committing an offense 
described in this subsection— 
(i) murders or otherwise causes death, bodily 
injury, or serious bodily injury to an individual; 
(ii) uses or brandishes a firearm or other dangerous 
weapon; or 
(iii) engages in conduct that consciously or reck-
lessly places another in serious danger of death or 
serious bodily injury; 
(F) consider whether a downward adjustment is appro-
priate if the offense is a first offense and involves the 
smuggling only of the alien's spouse or child; and 
(G) consider whether any other aggravating or mitigat-
ing circumstances warrant upward or downward sentencing 
adjustments. 
(3) EMERGENCY AUTHORITY TO SENTENCING COMMISSION.— 
The Commission shall promulgate the guidelines or amend-
ments provided for under this subsection as soon as practicable 
in accordance with the procedure set forth in section 21(a) 
of the Sentencing Act of 1987, as though the authority under 
that Act had not expired. 
8 use 1324 note. 
(f) EFFECTIVE DATE.—^This section and the amendments made 
by this section shall apply with respect to offenses occurring on 
or after the date of the enactment of this Act. 
SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTOR-
NEYS. 
(a) IN GENERAL.—^The number of Assistant United States Attor-
neys employed by the Department of Justice for the fiscal year 
1997 shall be increased by at least 25 above the number of Assistant 
United States Attorneys that were authorized to be employed as 
of September 30, 1996. 
(b) ASSIGNMENT.—Individuals employed to fill the additional 
positions described in subsection (a) shall prosecute persons who 
bring into the United States or harbor illegal aliens or violate 
other criminal statutes involving illegal aliens. 
SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY. 
(a) IN GENERAL.—^Title II is amended by adding at the end 
the following new section: 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-568 
"UNDERCOVI']R INVESTIGATION AUTHORITY 
"SEC. 294. (a) IN GENERAL.—With respect to any undercover 8USCi363a. 
investigative operation of the Service which is necessary for the 
detection and prosecution of crimes against the United States— 
"(1) sums appropriated for the Service may be used for 
leasing space within the United States and the territories and 
possessions of the United States without regard to the following 
provisions of law: 
"(A) section 3679(a) of the Revised Statutes (31 U.S.C. 
1341), 
"(B) section 3732(a) of the Revised Statutes (41 U.S.C. 
11(a)), 
"(C) section 305 of the Act of June 30, 1949 (63 Stat. 
396; 41 U.S.C. 255), 
"(D) the third undesignated paragraph under the head-
ing 'Miscellaneous' of the Act of March 3, 1877 (19 Stat. 
370; 40 U.S.C. 34), 
"(E) section 3648 of the Revised Statutes (31 U.S.C. 
3324), 
"(F) section 3741 of the Revised Statutes (41 U.S.C. 
22), and 
"(G) subsections (a) and (c) of section 304 of the Federal 
Property and Administrative Services Act of 1949 (63 Stat. 
395; 41 U.S.C. 254 (a) and (c)); 
"(2) sums appropriated for the Service may be used to 
establish or to acquire proprietary corporations or business 
entities as part of an undercover operation, and to operate 
such corporations or business entities on a commercial basis, 
without regard to the provisions of section 304 of the Govern-
ment Corporation Control Act (31 U.S.C. 9102); 
"(3) sums appropriated for the Service, and the proceeds 
from the undercover operation, may be deposited in banks 
or other financial institutions without regard to the provisions 
of section 648 of title 18, United States Code, and of section 
3639 of the Revised Statutes (31 U.S.C. 3302); and 
"(4) the proceeds from the undercover operation may be 
used to offset necessary and reasonable expenses incurred in 
such operation without regard to the provisions of section 3617 
of the Revised Statutes (31 U.S.C. 3302). 
The authority set forth in this subsection may be exercised only 
upon written certification of the Commissioner, in consultation with 
the Deputy Attorney General, that any action authorized by para-
graph (1), (2), (3), or (4) is necessary for the conduct of the under-
cover operation. 
"(b) DISPOSITION OF PROCEEDS NO LONGER REQUIRED.—^As soon 
as practicable after the proceeds from an undercover investigative 
operation, carried out under paragraphs (3) and (4) of subsection 
(a), are no longer necessary for the conduct of the operation, the 
proceeds or the balance of the proceeds remaining at the time 
shall be deposited into the Treasury of the United States as mis-
cellaneous receipts. 
"(c) 
DISPOSITION OF CERTAIN CORPORATIONS AND BUSINESS 
ENTITIES.—If a corporation or business entity established or 
acquired as part of an undercover operation under paragraph (2) 
of subsection (a) with a net value of over $50,000 is to be liquidated, 
sold, or otherwise disposed of, the Service, as much in advance 
110 STAT. 3009-569 
PUBLIC LAW 104-208—SEPT. 30, 1996 
as the Commissioner or Commissioner's designee determines prac-
ticable, shall report the circumstances to the Attorney General, 
the Director of the Office of Management and Budget, and the 
Comptroller General. The proceeds of the liquidation, sale, or other 
disposition, after obligations are met, shall be deposited in the 
Treasury of the United States as miscellaneous receipts. 
"(d) FINANCIAL AUDITS.—The Service shall conduct detailed 
financial audits of closed undercover operations on a quarterly 
basis and shall report the results of the audits in writing to the 
Deputy Attorney General.". 
(b) CLERICAL AMENDMENT.—The table of contents is amended 
by inserting after the item relating to section 293 the following: 
"Sec. 294. Undercover investigation authority.". 
Subtitle B—Deterrence of Document Fraud 
SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE 
OF GOVERNMENT-ISSUED DOCUMENTS. 
(a) FRAUD AND MISUSE OF GOVERNMENT-ISSUED IDENTIFICATION 
DOCUMENTS.—(1) Section 1028(b) of title 18, United States Code, 
is amended— 
(A) in paragraph (1), by inserting "except as provided in 
paragraphs (3) and (4)," after "(1)" and by striking "five years" 
and inserting "15 years"; 
(B) in paragraph (2), by inserting "except as provided in 
paragraphs (3) and (4)," after "(2)" and by striking "and" at 
the end; 
(C) by redesignating paragraph (3) as paragraph (5); and 
(D) by inserting after paragraph (2) the following new 
paragraphs: 
"(3) a fine under this title or imprisonment for not more 
than 20 years, or both, if the offense is committed to facilitate 
a drug trafficking crime (as defined in section 929(a)(2) of 
this title); 
"(4) a fine under this title or imprisonment for not more 
than 25 years, or both, if the offense is committed to facilitate 
an act of international terrorism (as defined in section 2331(1) 
of this title); and". 
(2) Sections 1425 through 1427, sections 1541 through 1544, 
and section 1546(a) of title 18, United States Code, are each amend-
ed by striking "imprisoned not more" and all that follows through 
"years" each place it appears and inserting the following: "impris-
oned not more than 25 years (if the offense was committed to 
facilitate an act of international terrorism (as defined in section 
2331 of this title)), 20 years (if the offense was committed to 
facilitate a drug trafficking crime (as defined in section 929(a) 
of this title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facility such an act 
of international terrorism or a drug trafficking crime), or 15 years 
(in the case of any other offense)". 
28 u s e 994 note. 
(b) CHANGES TO THE SENTENCING LEVELS.— 
(1) IN GENERAL.—Pursuant to the Commission's authority 
under section 994(p) of title 28, United States Code, the United 
States Sentencing Commission shall promulgate sentencing 
guidelines or amend existing sentencing guidelines for offenders 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-570 
convicted of violating, or conspiring to violate, sections 
1028(b)(1), 1425 through 1427, 1541 through 1544, and 1546(a) 
of title 18, United States Code, in accordance with this sub-
section. 
(2) REQUIREMENTS.—In carrying out this subsection, the 
Commission shall, with respect to the offenses referred to in 
paragraph (1)— 
(A) increase the base offense level for such offenses 
at least 2 offense levels above the level in effect on the 
date of the enactment of this Act; 
(B) review the sentencing enhancement for number 
of documents or passports involved (U.S.S.G. 2L2.1(b)(2)), 
and increase the upward adjustment by at least 50 percent 
above the applicable enhancement in effect on the date 
of the enactment of this Act; 
(C) impose an appropriate sentencing enhancement 
upon an offender with 1 prior felony conviction arising 
out of a separate and prior prosecution for an offense 
that involved the same or similar underlying conduct as 
the current offense, to be applied in addition to any sentenc-
ing enhancement that would otherwise apply pursuant to 
the calculation of the defendant's criminal history category; 
(D) impose an additional 
appropriate 
sentencing 
enhancement upon an offender with 2 or more prior felony 
convictions arising out of separate and prior prosecutions 
for offenses that involved the same or similar underlying 
conduct as the current offense, to be applied in addition 
to any sentencing enhancement that would otherwise apply 
pursuant to the calculation of the defendant's criminal 
history category; and 
(E) consider whether any other aggravating or mitigat-
ing circumstances warrant upward or downward sentencing 
adjustments. 
(3) EMERGENCY AUTHORITY TO SENTENCING COMMISSION.— 
The Commission shall promulgate the guidelines or amend-
ments provided for under this subsection as soon as practicable 
in accordance with the procedure set forth in section 21(a) 
of the Sentencing Act of 1987, as though the authority under 
that Act had not expired. 
(c) EFFECTIVE DATE.—This section and the amendments made 
18 USC 1028 
by this section shall apply with respect to offenses occurring on note. 
or after the date of the enactment of this Act. 
SEC. 212. 
NEW 
DOCUMENT 
FRAUD 
OFFENSES; 
NEW 
CIVIL 
PENALTIES 
FOR 
DOCUMENT 
FRAUD. 
(a) ACTIVITIES PROHIBITED.—Section 274C(a) (8 U.S.C. 1324c(a)) 
is amended— 
(1) in paragraph (1), by inserting before the comma at 
the end the following: "or to obtain a benefit under this Act"; 
(2) in paragraph (2), by inserting before the comma at 
the end the following: "or to obtain a benefit under this Act"; 
(3) in paragraph (3)— 
(A) by inserting "or with respect to" after "issued to"; 
(B) by adding before the comma at the end the follow-
ing: "or obtaining a benefit under this Act"; and 
(C) by striking "or" at the end; 
(4) in paragraph (4)— 
110 STAT. 3009-571 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(A) by inserting "or with respect to" after "issued to"; 
(B) by adding before the period at the end the following: 
"or obtaining a benefit under this Act"; and 
(C) by striking the period at the end and inserting 
", or"; and 
(5) by adding at the end the following new paragraphs: 
"(5) to prepare, file, or assist another in preparing or filing, 
any application for benefits under this Act, or any document 
required under this Act, or any document submitted in connec-
tion with such application or document, with knowledge or 
in reckless disregard of the fact that such application or docu-
ment was falsely made or, in whole or in part, does not relate 
to the person on whose behalf it was or is being submitted, 
or 
"(6)(A) to present before boarding a common carrier for 
the purpose of coming to the United States a document which 
relates to the alien's eligibility to enter the United States, 
and (B) to fail to present such document to an immigration 
officer upon arrival at a United States port of entry.". 
(b) DEFINITION OF FALSELY MAKE.—Section 274C (8 U.S.C. 
1324c), as amended by section 213 of this division, is further amend-
ed by adding at the end the following new subsection: 
"(f) FALSELY MAKE.—^For purposes of this section, the term 
'falsely make' means to prepare or provide an application or docu-
ment, with knowledge or in reckless disregard of the fact that 
the application or document contains a false, fictitious, or fraudulent 
statement or material representation, or has no basis in law or 
fact, or otherwise fails to state a fact which is material to the 
purpose for which it was submitted.". 
(c) CONFORMING AMENDMENT.—Section 274C(d)(3) (8 U.S.C. 
1324c(d)(3)) is amended by striking "each document used, accepted, 
or created and each instance of use, acceptance, or creation" each 
place it appears and inserting "each document that is the subject 
of a violation under subsection (a)". 
(d) WAIVER BY ATTORNEY GENERAL.—Section 274C(d) (8 U.S.C. 
1324c(d)) is amended by adding at the end the following new 
paragraph: 
"(7) WAIVER BY ATTORNEY GENERAL.—The Attorney General 
may waive the penalties imposed by this section with respect 
to an alien who knowingly violates subsection (a)(6) if the 
alien is granted asylum under section 208 or withholding of 
deportation under section 243(h).". 
8 use 1324c 
(e) EFFECTIVE DATE.—Section 274C(f) of the Immigration and 
note. 
Nationality Act, as added by subsection (b), applies to the prepara-
tion of applications before, on, or after the date of the enactment 
of this Act. 
SEC. 213. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE 
AS PREPARER OF FALSE APPUCATION FOR IMMIGRA-
TION BENEFITS. 
Section 274C (8 U.S.C. 1324c) is amended by adding at the 
end the following new subsection: 
"(e) CRIMINAL PENALTIES FOR FAILURE To DISCLOSE ROLE AS 
DOCUMENT PREPARER.—(1) Whoever, in any matter within the juris-
diction of the Service, knowingly and willfully fails to disclose, 
conceals, or covers up the fact that they have, on behalf of any 
person and for a fee or other remuneration, prepared or assisted 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-572 
in preparing an application which was falsely made (as defined 
in subsection (f)) for immigration benefits, shall be fined in accord-
ance with title 18, United States Code, imprisoned for not more 
than 5 years, or both, and prohibited from preparing or assisting 
in preparing, whether or not for a fee or other remuneration, 
any other such application. 
"(2) Whoever, having been convicted of a violation of paragraph 
(1), knowingly and willfully prepares or assists in preparing an 
application for immigration benefits pursuant to this Act, or the 
regulations promulgated thereunder, whether or not for a fee or 
other remuneration and regardless of whether in any matter within 
the jurisdiction of the Service, shall be fined in accordance with 
title 18, United States Code, imprisoned for not more than 15 
years, or both, and prohibited from preparing or assisting in prepar-
ing any other such application.". 
SEC. 214. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCU-
MENT WHICH FAILS TO CONTAIN REASONABLE BASIS IN 
LAW OR FACT, 
The fourth paragraph of section 1546(a) of title 18, United 
States Code, is amended by striking "containing any such false 
statement" and inserting "which contains any such false statement 
or which fails to contain any reasonable basis in law or fact". 
SEC. 215. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP. 
Section 1015 of title 18, United States Code, is amended— 
(1) by striking the dash at the end of paragraph (d) and 
inserting "; or", and 
(2) by inserting after paragraph (d) the following: 
"(e) Whoever knowingly makes any false statement or claim 
that he is, or at any time has been, a citizen or national of the 
United States, with the intent to obtain on behalf of himself, or 
any other person, any Federal or State benefit or service, or to 
engage unlawfully in emplojmtient in the United States; or 
"(f) Whoever knowingly makes any false statement or claim 
that he is a citizen of the United States in order to register to 
vote or to vote in any Federal, State, or local election (including 
an initiative, recall, or referendum)—". 
SEC. 216. CRIMINAL PENALTY FOR VOTING BY ALIENS IN FEDERAL 
ELECTION. 
(a) IN GENERAL.—Title 18, United States Code, is amended 
by inserting after section 610 the following: 
"§ 611. Voting by aliens 
"(a) It shall be unlawful for any alien to vote in any election 
held solely or in part for the purpose of electing a candidate for 
the office of President, Vice President, Presidential elector, Member 
of the Senate, Member of the House of Representatives, Delegate 
from the District of Columbia, or Resident Commissioner, unless— 
"(1) the election is held partly for some other purpose; 
"(2) aliens are authorized to vote for such other purpose 
under a State constitution or statute or a local ordinance; 
and 
"(3) voting for such other purpose is conducted independ-
ently of voting for a candidate for such Federal offices, in 
such a manner that an alien has the opportunity to vote for 
110 STAT. 3009-573 
PUBLIC LAW 104-208—SEPT. 30, 1996 
such other purpose, but not an opportunity to vote for a can-
didate for any one or more of such Federal offices. 
"(b) Any person who violates this section shall be fined under 
this title, imprisoned not more than one year, or both.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of chapter 29 of title 18, United States Code, is amended 
by inserting after the item relating to section 610 the following 
new item: 
"611. Voting by aliens.". 
SEC. 217. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED 
OFFENSES. 
Section 982(a) of title 18, United States Code, is amended 
by inserting after paragraph (5) the following new paragraph: 
"(6)(A) The court, in imposing sentence on a person convicted 
of a violation of, or conspiracy to violate, section 1425, 1426, 1427, 
1541, 1542, 1543, 1544, or 1546 of this title, or a violation of, 
or conspiracy to violate, section 1028 of this title if committed 
in connection with passport or visa issuance or use, shall order 
that the person forfeit to the United States, regardless of any 
provision of State law— 
"(i) any conveyance, including any vessel, vehicle, or air-
craft used in the commission of a violation of, or a conspiracy 
to violate, subsection (a); and 
"(ii) any property real or personal— 
"(I) that constitutes, or is derived from or is traceable 
to the proceeds obtained directly or indirectly from the 
commission of a violation of, or a conspiracy to violate, 
subsection (a), section 274A(a)(l) or 274A(a)(2) of the 
Immigration and Nationality Act, or section 1028, 1425, 
1426, 1427, 1541, 1542, 1543, 1544, or 1546 of this title; 
or 
"(II) that is used to facilitate, or is intended to be 
used to facilitate, the commission of a violation of, or a 
conspiracy to violate, subsection (a), section 274A(a)(l) or 
274A(a)(2) of the Immigration and Nationality Act, or sec-
tion 1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 
1546 of this title. 
The court, in imposing sentence on such person, shall order that 
the person forfeit to the United States all property described in 
this subparagraph. 
"(B) The criminal forfeiture of property under subparagraph 
(A), including any seizure and disposition of the property and any 
related administrative or judicial proceeding, shall be governed 
by the provisions of section 413 of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (21 U.S.C. 853), other than 
subsections (a) and (d) of such section 413.". 
SEC. 218. CRIMINAL PENALTIES FOR INVOLUNTARY SERVITUDE. 
(a) AMENDMENTS TO TITLE 18.—Sections 1581, 1583, 1584, and 
1588 of title 18, United States Code, are amended by striking 
"five" each place it appears and inserting "10". 
28 use 994 note. 
(b) REVIEW OF SENTENCING GUIDELINES.—^The United States 
Sentencing Commission shall ascertain whether there exists an 
unwarranted disparity— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-574 
(1) between the sentences for peonage, involuntary ser-
vitude, and slave trade offenses, and the sentences for kidnap-
ping offenses in effect on the date of the enactment of this 
Act; and 
(2) between the sentences for peonage, involuntary ser-
vitude, and slave trade offenses, and the sentences for alien 
smuggling offenses in effect on the date of the enactment of 
this Act and after the amendment made by subsection (a). 
(c) AMENDMENT OF SENTENCING GUIDELINES.— 
(1) IN GENERAL.—Pursuant to its authority under section 
994(p) of title 28, United States Code, the United States 
Sentencing Commission shall review its guidelines on sentenc-
ing for peonage, involuntary servitude, and slave trade offenses 
under sections 1581 through 1588 of title 18, United States 
Code, and shall amend such guidelines as necessary to— 
(A) reduce or eliminate any unwarranted disparity 
found under subsection (b) that exists between the sen-
tences for peonage, involuntary servitude, and slave trade 
offenses, and the sentences for kidnapping offenses and 
alien smuggling offenses; 
(B) ensure that the applicable guidelines for defendants 
convicted of peonage, involuntary servitude, and slave trade 
offenses are sufficiently stringent to deter such offenses 
and adequately reflect the heinous nature of such offenses; 
and 
(C) ensure that the guidelines reflect the general appro-
priateness of enhanced sentences for defendants whose 
peonage, involuntary servitude, or slave trade offenses 
involve— 
(i) a large number of victims; 
(ii) the use or threatened use of a dangerous 
weapon; or 
(iii) a prolonged period of peonage or involuntary 
servitude. 
(2) EMERGENCY AUTHORITY TO SENTENCING COMMISSION.— 
The Commission shall promulgate the guidelines or amend-
ments provided for under this subsection as soon as practicable 
in accordance with the procedure set forth in section 21(a) 
of the Sentencing Act of 1987, as though the authority under 
that Act had not expired. 
(d) EFFECTIVE DATE.—^This section and the amendments made 
18 use I58i 
by this section shall apply with respect to offenses occurring on °ote. 
or after the date of the enactment of this Act. 
SEC. 219. ADMISSIBIUTY OF VIDEOTAPED WITNESS TESTIMONY. 
Section 274 (8 U.S.C. 1324) is amended by adding at the end 
thereof the following new subsection: 
"(d) Notwithstanding any provision of the Federal Rules of 
Evidence, the videotaped (or otherwise audiovisually preserved) 
deposition of a witness to a violation of subsection (a) who has 
been deported or otherwise expelled from the United States, or 
is otherwise unable to testify, may be admitted into evidence in 
an action brought for that violation if the witness was available 
for cross examination and the deposition otherwise complies with 
the Federal Rules of Evidence.". 
- 24 : QL 3 Part 4 
110 STAT. 3009-575 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SEC. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD ENFORCE-
MENT. 
Section 274C(d)(l) (8 U.S.C. 1324c(d)(l)) is amended— 
(1) by striking "and" at the end of subparagraph (A); 
(2) by striking the period at the end of subparagraph (B) 
and inserting ", and"; and 
(3) by inserting after subparagraph (B) the following: 
"(C) immigration officers designated by the Commis-
sioner may compel by subpoena the attendance of witnesses 
and the production of evidence at any designated place 
prior to the filing of a complaint in a case under paragraph 
(2).". 
TITLE 
III—INSPECTION, 
APPREHEN-
SION, 
DETENTION, 
ADJUDICATION, 
AND REMOVAL OF INADMISSIBLE AND 
DEPORTABLE ALIENS 
Subtitle A—Revision of Procedures for 
Removal of Aliens 
SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES WITH-
OUT AUTHORIZATION AS NOT ADMITTED. 
(a) "ADMISSION" DEFINED.—Paragraph (13) of section 101(a) 
(8 U.S.C. 1101(a)) is amended to read as follows: 
"(13)(A) The terms 'admission' and 'admitted' mean, with 
respect to an alien, the lawful entry of the alien into the United 
States after inspection and authorization by an immigration officer. 
"(B) An alien who is paroled under section 212(d)(5) or per-
mitted to land temporarily as an alien crewman shall not be consid-
ered to have been admitted. 
"(C) An alien lawfully admitted for permanent residence in 
the United States shall not be regarded as seeking an admission 
into the United States for purposes of the immigration laws unless 
the alien— 
"(i) has abandoned or relinquished that status, 
"(ii) has been absent from the United States for a continu-
ous period in excess of 180 days, 
"(iii) has engaged in illegal activity after having departed 
the United States, 
"(iv) has departed from the United States while under 
legal process seeking removal of the alien from the United 
States, including removal proceedings under this Act and extra-
dition proceedings, 
"(v) has committed an offense identified in section 212(a)(2), 
unless since such offense the alien has been granted relief 
under section 212(h) or 240A(a), or 
"(vi) is attempting to enter at a time or place other than 
as designated by immigration officers or has not been admitted 
to the United States after inspection and authorization by 
an immigration officer.". 
(b) 
INADMISSIBILITY OF ALIENS PREVIOUSLY REMOVED AND 
UNLAWFULLY PRESENT.— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-576 
(1) IN GENERAL.—Section 212(a) (8 U.S.C. 1182(a)) is 
amended by redesignating paragraph (9) as paragraph (10) 
and by inserting after paragraph (8) the following new para-
graph: 
"(9) ALIENS PREVIOUSLY REMOVED.— 
"(A) CERTAIN ALIENS PREVIOUSLY REMOVED.— 
"(i) ARRIVING ALIENS.—^Any alien who has been 
ordered removed under section 235(b)(1) or at the end 
of proceedings under section 240 initiated upon the 
alien's arrival in the United States and who again 
seeks admission within 5 years of the date of such 
removal (or within 20 years in the case of a second 
or subsequent removal or at any time in the case 
of an alien convicted of an aggravated felony) is 
inadmissible. 
"(ii) OTHER ALIENS.—^Any alien not described in 
clause (i) wha— 
"(I) has been ordered removed under section 
240 or any other provision of law, or 
"(II) departed the United States while an order 
of removal was outstanding, 
and who seeks admission within 10 years of the date 
of such alien's departure or removal (or within 20 
years of such date in the case of a second or subsequent 
removal or at any time in the case of an alien convicted 
of an aggravated felony) is inadmissible. 
"(iii) EXCEPTION.—Clauses (i) and (ii) shall not 
apply to an alien seeking admission within a period 
if, prior to the date of the alien's reembarkation at 
a place outside the United States or attempt to be 
admitted from foreign contiguous territory, the Attor-
ney General has consented to the alien's reapplying 
for admission. 
"(B) ALIENS UNLAWFULLY PRESENT.— 
"(i) IN GENERAL.—^Any alien (other than an alien 
lawfully admitted for permanent residence) who— 
"(I) was unlawfully present in the United 
States for a period of more than 180 days but 
less than 1 year, voluntarily departed the United 
States (whether or not pursuant to section 244(e)) 
prior to the commencement of proceedings under 
section 235(b)(1) or section 240, and again seeks 
admission within 3 years of the date of such alien's 
departure or removal, or 
"(II) has been unlawfully present in the United 
States for one year or more, and who again seeks 
admission within 10 years of the date of such 
alien's departure or removal from the United 
States, 
is inadmissible. 
"(ii) CONSTRUCTION OF UNLAWFUL PRESENCE.—For 
purposes of this paragraph, an alien is deemed to 
be unlawfully present in the United States if the alien 
is present in the United States after the expiration 
of the period of stay authorized by the Attorney Gen-
eral or is present in the United States without being 
admitted or paroled. 
110 STAT. 3009-577 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(iii) EXCEPTIONS.— 
"(I) MINORS.—No period of time in which an 
alien is under 18 years of age shall be taken into 
account in determining the period of unlawful pres-
ence in the United States under clause (i). 
"(11) ASYLEES.—^No period of time in which 
an alien has a bona fide application for asylum 
pending under section 208 shall be taken into 
account in determining the period of unlawful pres-
ence in the United States under clause (i) unless 
the alien during such period was employed without 
authorization in the United States. 
"(Ill) FAMILY UNITY.—No period of time in 
which the alien is a beneficiary of family unity 
protection pursuant to section 301 of the Immigra-
tion Act of 1990 shall be taken into account in 
determining the period of unlawful presence in 
the United States under clause (i). 
"(IV) 
BATTERED 
WOMEN AND 
CHILDREN.— 
Clause (i) shall not apply to an alien who would 
be described in paragraph (6)(A)(ii) if Violation 
of the terms of the alien's nonimmigrant visa' were 
substituted for 'unlawful entry into the United 
States' in subclause (III) of that paragraph, 
"(iv) TOLLING FOR GOOD CAUSE.—In the case of 
an alien who— 
"(I) has been lawfully admitted or paroled into 
the United States, 
"(II) has filed a nonfrivolous application for 
a change or extension of status before the date 
of expiration of the period of stay authorized by 
the Attorney General, and 
"(III) 
has 
not 
been 
employed 
without 
authorization in the United States before or during 
the pendency of such application, 
the calculation of the period of time specified in clause 
(i)(I) shall be tolled during the pendency of such 
application, but not to exceed 120 days. 
"(v) WAIVER.—^The Attorney General has sole 
discretion to waive clause (i) in the case of an 
immigrant who is the spouse or son or daughter of 
a United States citizen or of an alien lawfully admitted 
for permanent residence, if it is established to the 
satisfaction of the Attorney General that the refusal 
of admission to such immigrant alien would result 
in extreme hardship to the citizen or lawfully resident 
spouse or parent of such alien. No court shall have 
jurisdiction to review a decision or action by the Attor-
ney Greneral regarding a waiver under this clause. 
"(C) 
ALIENS UNLAWFULLY PRESENT AFTER PREVIOUS 
IMMIGRATION VIOLATIONS.— 
"(i) IN GENERAL.—^Any alien who— 
"(I) has been unlawfully present in the United 
States for an aggregate period of more than 1 
year, or 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-578 
"(11) has been ordered removed under section 
235(b)(1), section 240, or any other provision of 
law, 
and who enters or attempts to reenter the United 
States without being admitted is inadmissible. 
"(ii) EXCEPTION.—Clause (i) shall not apply to an 
alien seeking admission more than 10 years after the 
date of the alien's last departure from the United 
States if, prior to the alien's reembarkation at a place 
outside the United States or attempt to be readmitted 
from a foreign contiguous territory, the Attorney Gen-
eral has consented to the alien's reapplying for admis-
sion.". 
(2) LIMITATION ON CHANGE OF STATUS.—Section 248 
(8 
U.S.C. 1258) is amended by inserting "and who is not inadmis-
sible under section 212(a)(9)(B)(i) (or whose inadmissibility 
under such section is waived under section 212(a)(9)(B)(v))" 
after "maintain that status". 
(3) TREATMENT OF UNLAWFUL PRESENCE BEFORE EFFECTIVE 8 use ii82 note. 
DATE.—In applying section 212(a)(9)(B) of the Immigration and 
Nationality Act, as inserted by paragraph (1), no period before 
the title III-A effective date shall be included in a period 
of unlawful presence in the United States, 
(c) REVISION TO GROUND OF INADMISSIBILITY FOR ILLEGAL 
ENTRANTS AND IMMIGRATION VIOLATORS.— 
(1) IN GENERAL.—Subparagraphs (A) and (B) of section 
212(a)(6) (8 U.S.C. 1182(a)(6)) are amended to read as follows: 
"(A) ALIENS PRESENT WITHOUT ADMISSION OR PAROLE.— 
"(i) IN GENERAL.—^An alien present in the United 
States without being admitted or paroled, or who 
arrives in the United States at any time or place 
other than as designated by the Attorney General, 
is inadmissible. 
"(ii) EXCEPTION FOR CERTAIN BATTERED WOMEN 
AND CHILDREN.—Clause (i) shall not apply to an alien 
who demonstrates that— 
"(I) the alien qualifies for immigrant status 
under subparagraph (A)(iii), (A)(iv), (B)(ii), or 
(B)(iii) of section 204(a)(1), 
"(II)(a) the alien has been battered or sub-
jected to extreme cruelty by a spouse or parent, 
or by a member of the spouse's or parent's family 
residing in the same household as the alien and 
the spouse or parent consented or acquiesced to 
such battery or cruelty, or (b) the alien's child 
has been battered or subjected to extreme cruelty 
by a spouse or parent of the alien (without the 
active participation of the alien in the battery or 
cruelty) or by a member of the spouse's or parent's 
family residing in the same household as the alien 
when the spouse or parent consented to or 
acquiesced in such battery or cruelty and the alien 
did not actively participate in such battery or cru-
elty, and 
110 STAT. 3009-579 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(III) there was a substantial 
connection 
between the battery or cruelty described in sub-
clause (I) or (II) and the alien's unlawful entry 
into the United States. 
"(B) FAILURE TO ATTEND REMOVAL PROCEEDING.—^Any 
alien who without reasonable cause fails or refuses to 
attend or remain in attendance at a proceeding to deter-
mine the alien's inadmissibility or deportability and who 
seeks admission to the United States within 5 years of 
such alien's subsequent departure or removal is inadmis-
sible. ". 
8 use 1182 note. 
(2) TRANSITION FOR BATTERED SPOUSE OR CHILD PROVI-
SION.—^The requirements of subclauses (II) and (III) of section 
212(a)(6)(A)(ii) of the Immigration and Nationality Act, as 
inserted by paragraph (1), shall not apply to an alien who 
demonstrates that the alien first arrived in the United States 
before the title III-A effective date (described in section 309(a) 
of this division), 
(d) ADJUSTMENT IN GROUNDS FOR DEPORTATION.—Section 241 
(8 U.S.C. 1251), before redesignation as section 237 by section 
305(a)(2) of this division, is amended— 
(1) in the matter before paragraph (1) of subsection (a), 
by striking "in the United States" and inserting "in and admit-
ted to the United States"; 
(2) in subsection (a)(1), by striking "EXCLUDABLE" each 
place it appears and inserting "INADMISSIBLE"; 
(3) in subsection (a)(1)(A), by striking "excludable" and 
inserting "inadmissible"; and 
(4) by amending subparagraph (B) of subsection (a)(1) to 
read as follows: 
"(B) PRESENT IN VIOLATION OF LAW.—Any alien who 
is present in the United States in violation of this Act 
or any other law of the United States is deportable. 
SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF INADMIS-
SIBLE ARRIVING ALIENS; REFERRAL FOR HEARING 
(REVISED SECTION 235). 
(a) IN GENERAL.—Section 235 (8 U.S.C. 1225) is amended to 
read as follows: 
"INSPECTION BY IMMIGRATION OFFICERS; EXPEDITED REMOVAL OF 
INADMISSIBLE ARRIVING ALIENS; REFERRAL FOR HEARING 
"SEC. 235. (a) INSPECTION.— 
"(1) ALIENS TREATED AS APPLICANTS FOR ADMISSION.—^An 
alien present in the United States who has not been admitted 
or who arrives in the United States (whether or not at a 
designated port of arrival and including an alien who is brought 
to the United States after having been interdicted in inter-
national or United States waters) shall be deemed for purposes 
of this Act an applicant for admission. 
"(2) STOWAWAYS.—^An arriving alien who is a stowaway 
is not eligible to apply for admission or to be admitted and 
shall be ordered removed upon inspection by an immigration 
officer. Upon such inspection if the alien indicates an intention 
to apply for asylum under section 208 or a fear of persecution, 
the officer shall refer the alien for an interview under sub-
section (b)(1)(B). A stowaway may apply for asylum only if 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-580 
the stowaway is found to have a credible fear of persecution 
under subsection (b)(1)(B). In no case may a stowaway be 
considered an appHcant for admission or eligible for a hearing 
under section 240. 
"(3) INSPECTION.—All aliens (including alien crewmen) who 
are applicants for admission or otherwise seeking admission 
or readmission to or transit through the United States shall 
be inspected by immigration officers. 
"(4) 
WITHDRAWAL, OF APPLICATION FOR ADMISSION.—^An 
alien appl3dng for admission may, in the discretion of the Attor-
ney General and at any time, be permitted to withdraw the 
application for admission and depart immediately from the 
United States. 
"(5) STATEMENTS.—An applicant for admission may be 
required to state under oath any information sought by an 
immigration officer regarding the purposes and intentions of 
the applicant in seeking admission to the United States, includ-
ing the applicant's intended length of stay and whether the 
applicant intends to remain permanently or become a United 
States citizen, and whether the applicant is inadmissible. 
"(b) INSPECTION OF APPLICANTS FOR ADMISSION.— 
"(1) INSPECTION OF ALIENS ARRIVING IN THE UNITED STATES 
AND CERTAIN OTHER ALIENS WHO HAVE NOT BEEN ADMITTED 
OR PAROLED.— 
"(A) SCREENING.— 
"(i) IN GENERAL.—If an immigration officer deter-
mines that an alien (other than an alien described 
in subparagraph (F)) who is arriving in the United 
States or is described in clause (iii) is inadmissible 
under section 212(a)(6)(C) or 212(a)(7), the officer shall 
order the alien removed from the United States without 
further hearing or review unless the alien indicates 
either an intention to apply for asylum under section 
208 or a fear of persecution. 
"(ii) CLAIMS FOR ASYLUM.—If an immigration offi-
cer determines that an alien (other than an alien 
described in subparagraph (F)) who is arriving in the 
United States or is described in clause (iii) is inadmis-
sible under section 212(a)(6)(C) or 212(a)(7) and the 
alien indicates either an intention to apply for asylum 
under section 208 or a fear of persecution, the officer 
shall refer the alien for an interview by an asylum 
officer under subparagraph (B). 
"(iii) APPLICATION TO CERTAIN OTHER ALIENS.— 
"(I) IN GENERAL.—The Attorney General may 
apply clauses (i) and (ii) of this subparagraph to 
any or all aliens described in subclause (II) as 
designated by the Attorney General. Such designa-
tion shall be in the sole and unreviewable discre-
tion of the Attorney General and may be modified 
at any time. 
"(II) ALIENS DESCRIBED.—-An alien described 
in this clause is an alien who is not described 
in subparagraph (F), who has not been admitted 
or paroled into the United States, and who has 
not affirmatively shown, to the satisfaction of an 
110 STAT. 3009-581 
PUBLIC LAW 104-208—SEPT. 30, 1996 
immigration officer, that the alien has been phys-
ically present in the United States continuously 
for the 2-year period immediately prior to the date 
of the determination of inadmissibility under this 
subparagraph. 
"(B) ASYLUM INTERVIEWS.— 
"(i) CONDUCT BY ASYLUM OFFICERS.—An asylum 
officer shall conduct interviews of aliens referred under 
subparagraph (A)(ii), either at a port of entry or at 
such other place designated by the Attorney General. 
"(ii) REFERRAL OF CERTAIN ALIENS.—If the officer 
determines at the time of the interview that an alien 
has a credible fear of persecution (within the meaning 
of clause (v)), the alien shall be detained for further 
consideration of the application for asylum. 
"(iii) REMOVAL WITHOUT FURTHER REVIEW IF NO 
CREDIBLE FEAR OF PERSECUTION.— 
"(I) IN GENERAL.—Subject to subclause (III), 
if the officer determines that an alien does not 
have a credible fear of persecution, the officer shall 
order the alien removed from the United States 
without further hearing or review. 
"(II) RECORD OF DETERMINATION.—^The officer 
shall prepare a written record of a determination 
under subclause (I). Such record shall include a 
summary of the material facts as stated by the 
applicant, such additional facts (if any) relied upon 
by the officer, and the officer's analysis of why, 
in the light of such facts, the alien has not estab-
lished a credible fear of persecution. A copy of 
the officer's interview notes shall be attached to 
the written summary. 
"(Ill) REVIEW OF DETERMINATION.—^The Attor-
ney General shall provide by regulation and upon 
the alien's request for prompt review by an 
immigration judge of a determination under sub-
clause (I) that the alien does not have a credible 
fear of persecution. Such review shall include an 
opportunity for the alien to be heard and ques-
tioned by the immigration judge, either in person 
or by telephonic or video connection. Review shall 
be concluded as expeditiously as possible, to the 
maximum extent practicable within 24 hours, but 
in no case later than 7 days after the date of 
the determination under subclause (I). 
"(IV) MANDATORY DETENTION.—Any alien sub-
ject to the procedures under this clause shall be 
detained pending a final determination of credible 
fear of persecution and, if found not to have such 
a fear, until removed. 
"(iv) INFORMATION ABOUT INTERVIEWS.—^The Attor-
ney General shall provide information concerning the 
asylum interview described in this subparagraph to 
aliens who may be eligible. An alien who is eligible 
for such interview may consult with a person or per-
sons of the alien's choosing prior to the interview or 
any review thereof, according to regulations prescribed 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-582 
by the Attorney General. Such consultation shall be 
at no expense to the Government and shall not 
unreasonably delay the process. 
"(v) CREDIBLE FEAR OF PERSECUTION DEFINED.— 
For purposes of this subparagraph, the term 'credible 
fear of persecution' means that there is a significant 
possibility, taking into account the credibility of the 
statements made by the alien in support of the alien's 
claim and such other facts as are known to the officer, 
that the alien could establish eligibility for asylum 
under section 208. 
"(C) LIMITATION ON ADMINISTRATIVE REVIEW.—Except 
as provided in subparagraph (B)(iii)(III), a removal order 
entered in accordance with subparagraph (A)(i) or (B)(iii)(I) 
is not subject to administrative appeal, except that the 
Attorney General shall provide by regulation for prompt 
review of such an order under subparagraph (A)(i) against 
an alien who claims under oath, or as permitted under 
penalty of perjury under section 1746 of title 28, United 
States Code, after having been warned of the penalties 
for falsely making such claim under such conditions, to 
have been lawfully admitted for permanent residence, to 
have been admitted as a refugee under section 207, or 
to have been granted asylum under section 208. 
"(D) LIMIT ON COLLATERAL ATTACKS.—In any action 
brought against an alien under section 275(a) or section 
276, the court shall not have jurisdiction to hear any claim 
attacking the validity of an order of removal entered under 
subparagraph (A)(i) or (B)(iii). 
"(E) ASYLUM OFFICER DEFINED.—^As used in this para-
graph, the term 'asylum officer' means an immigration 
officer who— 
"(i) has had professional training in country condi-
tions, asylum law, and interview techniques com-
parable to that provided to full-time adjudicators of 
applications under section 208, and 
"(ii) is supervised by an officer who meets the 
condition described in clause (i) and has had substan-
tial experience adjudicating asylum applications. 
"(F) EXCEPTION.—Subparagraph (A) shall not apply to 
an alien who is a native or citizen of a country in the 
Western Hemisphere with whose government the United 
States does not have full diplomatic relations and who 
arrives by aircraft at a port of entry. 
"(2) INSPECTION OF OTHER ALIENS.— 
"(A) IN GENERAL.—Subject to subparagraphs (B) and 
(C), in the case of an alien who is an applicant for admis-
sion, if the examining immigration officer determines that 
an alien seeking admission is not clearly and beyond a 
doubt entitled to be admitted, the alien shall be detained 
for a proceeding under section 240. 
"(B) EXCEPTION.—Subparagraph (A) shall not apply 
to an alien— 
"(i) who is a crewman, 
"(ii) to whom paragraph (1) applies, or 
"(iii) who is a stowaway. 
110 STAT. 3009-583 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(C) TREATMENT OF ALIENS ARRIVING FROM CONTIGUOUS 
TERRITORY.—III the case of an alien described in subpara-
graph (A) who is arriving on land (whether or not at 
a designated port of arrival) from a foreign territory contig-
uous to the United States, the Attorney General may return 
the alien to that territory pending a proceeding under 
section 240. 
"(3) CHALLENGE OF DECISION.—^The decision of the examin-
ing immigration officer, if favorable to the admission of any 
alien, shall be subject to challenge by any other immigration 
officer and such challenge shall operate to take the alien whose 
privilege to be admitted is so challenged, before an immigration 
judge for a proceeding under section 240. 
"(c) 
REMOVAL OF ALIENS INADMISSIBLE ON SECURITY AND 
RELATED GROUNDS.^ 
"(1) REMOVAL WITHOUT FURTHER HEARING.—If an immigra-
tion officer or an immigration judge suspects that an arriving 
alien may be inadmissible under subparagraph (A) (other than 
clause (ii)), (B), or (C) of section 212(a)(3), the officer or judge 
shall— 
"(A) order the alien removed, subject to review under 
paragraph (2); 
"(B) report the order of removal to the Attorney Gen-
eral; and 
"(C) not conduct any further inquiry or hearing until 
ordered by the Attorney General. 
"(2) REVIEW OF ORDER.—(A) The Attorney General shall 
review orders issued under paragraph (1). 
"(B) If the Attorney General— 
"(i) is satisfied on the basis of confidential information 
that the alien is inadmissible under subparagraph (A) 
(other than clause (ii)), (B), or (C) of section 212(a)(3), 
and 
"(ii) after consulting with appropriate security agencies 
of the United States Government, concludes that disclosure 
of the information would be prejudicial to the public 
interest, safety, or security, 
the Attorney General may order the alien removed without 
further inquiry or hearing by an immigration judge. 
"(C) If the Attorney General does not order the removal 
of the alien under subparagraph (B), the Attorney CJeneral 
shall specify the further inquiry or hearing that shall be con-
ducted in the case. 
"(3) SUBMISSION OF STATEMENT AND INFORMATION.—The 
alien or the alien's representative may submit a written state-
ment and additional information for consideration by the Attor-
ney General. 
"(d) AUTHORITY RELATING TO INSPECTIONS.— 
"(1) AUTHORITY TO SEARCH CONVEYANCES.—Immigration 
officers are authorized to board and search any vessel, aircraft, 
railway car, or other conveyance or vehicle in which they believe 
aliens are being brought into the United States. 
"(2) AUTHORITY TO ORDER DETENTION AND DELIVERY OF 
ARRIVING ALIENS.—Immigration officers are authorized to order 
an owner, agent, master, commanding officer, person in charge, 
purser, or consignee of a vessel or aircraft bringing an alien 
(except an alien crewmember) to the United States— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-584 
"(A) to detain the alien on the vessel or at the airport 
of arrival, and 
"(B) to deliver the alien to an immigration officer for 
inspection or to a medical officer for examination. 
"(3) ADMINISTRATION OF OATH AND CONSIDERATION OF EVI-
DENCE.—^The Attorney General and any immigration officer 
shall have power to administer oaths and to take and consider 
evidence of or from any person touching the privilege of any 
alien or person he believes or suspects to be an alien to enter, 
reenter, transit through, or reside in the United States or 
concerning any matter which is material and relevant to the 
enforcement of this Act and the administration of the Service. 
"(4) SUBPOENA AUTHORITY.—(A) The Attorney General and 
any immigration officer shall have power to require by subpoena 
the attendance and testimony of witnesses before immigration 
officers and the production of books, papers, and documents 
relating to the privilege of any person to enter, reenter, reside 
in, or pass through the United States or concerning any matter 
which is material and relevant to the enforcement of this Act 
and the administration of the Service, and to that end may 
invoke the aid of any court of the United States. 
"(B) Any United States district court within the jurisdiction 
of which investigations or inquiries are being conducted by 
an immigration officer may, in the event of neglect or refusal 
to respond to a subpoena issued under this paragraph or refusal 
to testify before an immigration officer, issue an order requiring 
such persons to appear before an immigration officer, produce 
books, papers, and documents if demanded, and testify, and 
any failure to obey such order of the court may be punished 
by the court as a contempt thereof.". 
(b) GAO STUDY ON OPERATION OF EXPEDITED REMOVAL PROCE- 8 use 1225 note. 
DURES.— 
(1) STUDY.—^The Comptroller General shall conduct a study 
on the implementation of the expedited removal procedures 
under section 235(b)(1) of the Immigration and Nationality 
Act, as amended by subsection (a). The study shall examine— 
(A) the effectiveness of such procedures in deterring 
illegal entry, 
(B) the detention and adjudication resources saved as 
a result of the procedures, 
(C) the administrative and other costs expended to 
comply with the provision, 
(D) the effectiveness of such procedures in processing 
asylum claims by undocumented aliens who assert a fear 
of persecution, including the accuracy of credible fear deter-
minations, and 
(E) the cooperation of other countries and air carriers 
in accepting and returning aliens removed under such 
procedures. 
(2) REPORT.—By not later than 18 months after the date 
of the enactment of this Act, the Comptroller General shall 
.feubmit to the Committees on the Judiciary of the House of 
Representatives and the Senate a report on the study conducted 
under paragraph (1). 
110 STAT. 3009-585 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SEC. 303. APPREHENSION AND DETENTION OF ALIENS (REVISED SEC-
TION 236). 
(a) IN GENERAL.—Section 236 (8 U.S.C. 1226) is amended to 
read as follows: 
"APPREHENSION AND DETENTION OF ALIENS 
"SEC. 236. (a) ARREST, DETENTION, AND RELEASE.—On a war-
rant issued by the Attorney Greneral, an alien may be arrested 
and detained pending a decision on whether the alien is to be 
removed from the United States. Except as provided in subsection 
(c) and pending such decision, the Attorney General— 
"(1) may continue to detain the arrested alien; and 
"(2) may release the alien on— 
"(A) bond of at least $1,500 with security approved 
by, and containing conditions prescribed by, the Attorney 
General; or 
"(B) conditional parole; but 
"(3) may not provide the alien with work authorization 
(including an 'employment authorized' endorsement or other 
appropriate work permit), unless the alien is lawfully admitted 
for permanent residence or otherwise would (without regard 
to removal proceedings) be provided such authorization. 
"(b) REVOCATION OF BOND OR PAROLE.—^The Attorney General 
at any time may revoke a bond or parole authorized under sub-
section (a), rearrest the alien under the original warrant, and 
detain the alien. 
"(c) DETENTION OF CRIMINAL ALIENS.— 
"(1) CUSTODY.—^The Attorney General shall take into cus-
tody any alien who— 
"(A) is inadmissible by reason of having committed 
any offense covered in section 212(a)(2), 
"(B) is deportable by reason of having committed any 
offense covered in section 237(a)(2)(A)(ii), (A)(iii), (B), (C), 
or(D), 
"(C) is deportable under section 237(a)(2)(A)(i) on the 
basis of an offense for which the alien has been sentence 
to a term of imprisonment of at least 1 year, or 
"(D) is inadmissible under section 212(a)(3)(B) or 
deportable under section 237(a)(4)(B), 
when the alien is released, without regard to whether the 
alien is released on parole, supervised release, or probation, 
and without regard to whether the alien may be arrested or 
imprisoned again for the same offense. 
"(2) RELEASE.—^The Attorney General may release an alien 
described in paragraph (1) only if the Attorney General decides 
pursuant to section 3521 of title 18, United States Code, that 
release of the alien from custody is necessary to provide protec-
tion to a witness, a potential witness, a person cooperating 
with an investigation into major criminal activity, or an imme-
diate family member or close associate of a witness, potential 
witness, or person cooperating with such an investigation, and 
the alien satisfies the Attorney General that the alien will 
not pose a danger to the safety of other persons or of property 
and is likely to appear for any scheduled proceeding. A decision 
relating to such release shall take place in accordance with 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-586 
a procedure that considers the severity of the offense committed 
by the ahen. 
"(d) 
IDENTIFICATION OF CRIMINAL ALIENS.—(1) The Attorney 
General shall devise and implement a system— 
"(A) to make available, daily (on a 24-hour basis), to Fed-
eral, State, and local authorities the investigative resources 
of the Service to determine whether individuals arrested by 
such authorities for aggravated felonies are aliens; 
"(B) to designate and train officers and employees of the 
Service to serve as a liaison to Federal, State, and local law 
enforcement and correctional agencies and courts with respect 
to the arrest, conviction, and release of any alien charged 
with an aggravated felony; and 
"(C) which uses computer resources to maintain a current 
record of aliens who have been convicted of an aggravated 
felony, and indicates those who have been removed. 
"(2) The record under paragraph (1)(C) shall be made avail-
able— 
"(A) to inspectors at ports of entry and to border patrol 
agents at sector headquarters for purposes of immediate identi-
fication of any alien who was previously ordered removed and 
is seeking to reenter the United States, and 
"(B) to officials of the Department of State for use in 
its automated visa lookout system. 
"(3) Upon the request of the governor or chief executive officer 
of any State, the Service shall provide assistance to State courts 
in the identification of aliens unlawfully present in the United 
States pending criminal prosecution. 
"(e) JUDICIAL REVIEW.—The Attorney General's discretionary 
judgment regarding the application of this section shall not be 
subject to review. No court may set aside any action or decision 
by the Attorney General under this section regarding the detention 
or release of any alien or the grant, revocation, or denial of bond 
or parole.". 
(b) EFFECTIVE DATE.— 
8 use 1226 note. 
(1) IN GENERAL.—^The amendment made by subsection (a) 
shall become effective on the title III-A effective date. 
(2) NOTIFICATION REGARDING CUSTODY.—If the Attorney 
General, not later than 10 days after the date of the enactment 
of this Act, notifies in writing the Committees on the Judiciary 
of the House of Representatives and the Senate that there 
is insufficient detention space and Immigration and Naturaliza-
tion Service personnel available to carry out section 236(c) 
of the Immigration and Nationality Act, as amended by sub-
section (a), or the amendments made by section 440(c) of Public 
Law 104-132, the provisions in paragraph (3) shall be in effect 
for a 1-year period beginning on the date of such notification, 
instead of such section or such amendments. The Attorney 
General may extend such 1-year period for an additional year 
if the Attorney Greneral provides the same notice not later 
than 10 days before the end of the first 1-year period. After 
the end of such 1-year or 2-year periods, the provisions of 
such section 236(c) shall apply to individuals released after 
such periods. 
(3) TRANSITION PERIOD CUSTODY RULES.— 
110 STAT. 3009-587 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(A) IN GENERAL.—During the period in which this para-
graph is in effect pursuant to paragraph (2), the Attorney 
General shall take into custody any alien who— 
(i) has been convicted of an aggravated felony (as 
defined under section 101(a)(43) of the Immigration 
and Nationality Act, as amended by section 321 of 
this division), 
(ii) is inadmissible by reason of having committed 
any offense covered in section 212(a)(2) of such Act, 
(iii) is deportable by reason of having committed 
any offense covered in section 241(a)(2)(A)(ii), (A)(iii), 
(B), (C), or (D) of such Act (before redesignation under 
this subtitle), or 
(iv) is inadmissible under section 212(a)(3)(B) of 
such Act or deportable under section 241(a)(4)(B) of 
such Act (before redesignation under this subtitle), 
when the alien is released, without regard to whether 
the alien is released on parole, supervised release, or proba-
tion, and without regard to whether the alien may be 
arrested or imprisoned again for the same offense. 
(B) RELEASE.—^The Attorney General may release the 
alien only if the alien is an alien described in subparagraph 
(A)(ii) or (A)(iii) and— 
(i) the alien was lawfully admitted to the United 
States and satisfies the Attorney General that the 
alien will not pose a danger to the safety of other 
persons or of property and is likely to appear for any 
scheduled proceeding, or 
(ii) the alien was not lawfully admitted to the 
United States, cannot be removed because the des-
ignated country of removal will not accept the alien, 
and satisfies the Attorney General that the alien will 
not pose a danger to the safety of other persons or 
of property and is likely to appear for any scheduled 
proceeding. 
SEC. 
304. 
REMOVAL 
PROCEEDINGS; 
CANCELLATION 
OF 
REMOVAL 
AND 
ADJUSTMENT OF STATUS; VOLUNTARY DEPARTURE 
(REVISED 
AND 
NEW 
SECTIONS 
239 
TO 
240C). 
(a) IN GENERAL.—Chapter 4 of title II is amended— 
8 use 1224. 
(1) by redesignating section 239 (8 U.S.C. 1229) as section 
234 and by moving such section to immediately follow section 
233; 
(2) by redesignating section 240 (8 U.S.C. 1230) as section 
240C; and 
(3) by inserting after section 238 the following new sections: 
"INITIATION OF REMOVAL PROCEEDINGS 
8 use 1229. 
"SEC. 239. (a) NOTICE TO APPEAR.— 
"(1) IN GENERAL.—In removal proceedings under section 
240, written notice (in this section referred to as a 'notice 
to appear') shall be given in person to the alien (or, if personal 
service is not practicable, through service by mail to the alien 
or to the alien's counsel of record, if any) specifying the follow-
ing: 
"(A) The nature of the proceedings against the alien. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-588 
"(B) The legal authority under which the proceedings 
are conducted. 
"(C) The acts or conduct alleged to be in violation 
of law. 
"(D) The charges against the alien and the statutory 
provisions alleged to have been violated. 
"(E) The alien may be represented by counsel and 
the alien will be provided (i) a period of time to secure 
counsel under subsection (b)(1) and (ii) a current list of 
counsel prepared under subsection (b)(2). 
"(F)(i) The requirement that the alien must imme-
diately provide (or have provided) the Attorney CJeneral 
with a written record of an address and telephone number 
(if any) at which the alien may be contacted respecting 
proceedings under section 240. 
"(ii) The requirement that the alien must provide the 
Attorney General immediately with a written record of 
any change of the alien's address or telephone number, 
"(iii) The consequences under section 240(b)(5) of fail-
ure to provide address and telephone information pursuant 
to this subparagraph. 
"(G)(i) The time and place at which the proceedings 
will be held. 
"(ii) The consequences under section 240(b)(5) of the 
failure, except under exceptional circumstances, to appear 
at such proceedings. 
"(2) NOTICE OF CHANGE IN TIME OR PLACE OF PROCEED-
INGS.— 
"(A) IN GENERAL.—In removal proceedings under sec-
tion 240, in the case of any change or postponement in 
the time and place of such proceedings, subject to subpara-
graph (B) a written notice shall be given in person to 
the alien (or, if personal service is not practicable, through 
service by mail to the alien or to the alien's counsel of 
record, if any) specifying— 
"(i) the new time or place of the proceedings, and 
"(ii) the consequences under section 240(b)(5) of 
failing, except under exceptional circumstances, to 
attend such proceedings. 
"(B) EXCEPTION.—In the case of an alien not in deten-
tion, a written notice shall not be required under this 
paragraph if the alien has failed to provide the address 
required under paragraph (1)(F). 
"(3) CENTRAL ADDRESS FILES.—^The Attorney General shall 
create a system to record and preserve on a timely basis notices 
of addresses and telephone numbers (and changes) provided 
under paragraph (1)(F). 
"(b) SECURING OF COUNSEL.— 
"(1) IN GENERAL.—In order that an alien be permitted 
the opportunity to secure counsel before the first hearing date 
in proceedings under section 240, the hearing date shall not 
be scheduled earlier than 10 days after the service of the 
notice to appear, unless the alien requests in writing an earlier 
hearing date. 
"(2) CURRENT LISTS OF COUNSEL.—The Attorney General 
shall provide for lists (updated not less often than quarterly) 
of persons who have indicated their availability to represent 
110 STAT. 3009-589 
PUBLIC LAW 104-208—SEPT. 30, 1996 
pro bono aliens in proceedings under section 240. Such lists 
shall be provided under subsection (a)(1)(E) and otherwise made 
generally available. 
"(3) RULE OF CONSTRUCTION.—Nothing in this subsection 
may be construed to prevent the Attorney General from 
proceeding against an alien pursuant to section 240 if the 
time period described in paragraph (1) has elapsed and the 
alien has failed to secure counsel. 
"(c) SERVICE BY MAIL.—Service by mail under this section shall 
be sufficient if there is proof of attempted delivery to the last 
address provided by the alien in accordance with subsection 
(a)(1)(F). 
"(d) PROMPT INITIATION OF REMOVAL.—(1) In the case of an 
alien who is convicted of an offense which makes the alien deport-
able, the Attorney General shall begin any removal proceeding 
as expeditiously as possible after the date of the conviction. 
"(2) Nothing in this subsection shall be construed to create 
any substantive or procedural right or benefit that is legally enforce-
able by any party against the United States or its agencies or 
officers or any other person. 
"REMOVAL PROCEEDINGS 
8 use 1229a. 
"SEC. 240. (a) PROCEEDING.— 
"(1) IN GENERAL.—^An immigration judge shall conduct 
proceedings for deciding the inadmissibility or deportability 
of an alien. 
"(2) CHARGES.—^An alien placed in proceedings under this 
section may be charged with any applicable ground of inadmis-
sibility under section 212(a) or any applicable ground of deport-
ability under section 237(a). 
"(3) EXCLUSIVE PROCEDURES.—^Unless otherwise specified 
in this Act, a proceeding under this section shall be the sole 
and exclusive procedure for determining whether an alien may 
be admitted to the United States or, if the alien has been 
so admitted, removed from the United States. Nothing in this 
section shall affect proceedings conducted pursuant to section 
238. 
"(b) CONDUCT OF PROCEEDING.— 
"(1) AUTHORITY OF IMMIGRATION JUDGE.—^The immigration 
judge shall administer oaths, receive evidence, and interrogate, 
examine, and cross-examine the alien and any witnesses. The 
immigration judge may issue subpoenas for the attendance 
of witnesses and presentation of evidence. The immigration 
judge shall have authority (under regulations prescribed by 
the Attorney General) to sanction by civil money penalty any 
action (or inaction) in contempt of the judge's proper exercise 
of authority under this Act. 
"(2) FORM OF PROCEEDING.— 
"(A) IN GENERAL.—^The proceeding may take place— 
"(i) in person, 
"(ii) where agreed to by the parties, in the absence 
of the alien, 
"(iii) through video conference, or 
"(iv) subject to subparagraph (B), through tele-
phone conference. 
"(B) CONSENT REQUIRED IN CERTAIN CASES.—An evi-
dentiary hearing on the merits may only be conducted 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-590 
through a telephone conference with the consent of the 
alien involved after the alien has been advised of the right 
to proceed in person or through video conference. 
"(3) PRESENCE OF ALIEN.—If it is impracticable by reason 
of an alien's mental incompetency for the alien to be present 
at the proceeding, the Attorney General shall prescribe safe-
guards to protect the rights and privileges of the alien. 
"(4) ALIENS RIGHTS IN PROCEEDING.—In proceedings under 
this section, under regulations of the Attorney General— 
"(A) the alien shall have the privilege of being rep-
resented, at no expense to the Government, by counsel 
of the alien's choosing who is authorized to practice in 
such proceedings, 
"(B) the alien shall have a reasonable opportunity to 
examine the evidence against the alien, to present evidence 
on the alien's own behalf, and to cross-examine witnesses 
presented by the Government but these rights shall not 
entitle the alien to examine such national security informa-
tion as the Government may proffer in opposition to the 
alien's admission to the United States or to an application 
by the alien for discretionary relief under this Act, and 
"(C) a complete record shall be kept of all testimony 
and evidence produced at the proceeding. 
"(5) CONSEQUENCES OF FAILURE TO APPEAR.— 
"(A) IN GENERAL.—^Any alien who, after written notice 
required under paragraph (1) or (2) of section 239(a) has 
been provided to the alien or the alien's counsel of record, 
does not attend a proceeding under this section, shall be 
ordered removed in absentia if the Service establishes by 
clear, unequivocal, and convincing evidence that the writ-
ten notice was so provided and that the alien is removable 
(as defined in subsection (e)(2)). The written notice by 
the Attorney General shall be considered sufficient for pur-
poses of this subparagraph if provided at the most recent 
address provided under section 239(a)(1)(F). 
"(B) No NOTICE IF FAILURE TO PROVIDE ADDRESS 
INFORMATION.—No written notice shall be required under 
subparagraph (A) if the alien has failed to provide the 
address required under section 239(a)(1)(F). 
"(C) RESCISSION OF ORDER.—Such an order may be 
rescinded only— 
"(i) upon a motion to reopen filed within 180 days 
after the date of the order of removal if the alien 
demonstrates that the failure to appear was because 
of exceptional circumstances (as defined in subsection 
(e)(1)), or 
"(ii) upon a motion to reopen filed at any time 
if the alien demonstrates that the alien did not receive 
notice in accordance with paragraph (1) or (2) of section 
239(a) or the alien demonstrates that the alien was 
in Federal or State custody and the failure to appear 
was through no fault of the alien. 
The filing of the motion to reopen described in clause 
(i) or (ii) shall stay the removal of the alien pending disposi-
tion of the motion by the immigration judge. 
"(D) 
EFFECT ON JUDICIAL REVIEW.—Any petition 
for 
review under section 242 of an order entered in absentia 
110 STAT. 3009-591 
PUBLIC LAW 104-208—SEPT. 30, 1996 
under this paragraph shall (except in cases described in 
section 242(b)(5)) be confined to (i) the validity of the notice 
provided to the alien, (ii) the reasons for the alien's not 
attending the proceeding, and (iii) whether or not the alien 
is removable. 
"(E) ADDITIONAL APPLICATION TO CERTAIN ALIENS IN 
CONTIGUOUS TERRITORY.—The preceding provisions of this 
paragraph shall apply to all aliens placed in proceedings 
under this section, including any alien who remains in 
a 
contiguous 
foreign 
territory 
pursuant 
to section 
235(b)(2)(C). 
"(6) TREATMENT OF FRIVOLOUS BEHAVIOR.—The Attorney 
General shall, by regulation— 
"(A) define in a proceeding before an immigration judge 
or before an appellate administrative body under this title, 
frivolous behavior for which attorneys may be sanctioned, 
"(B) specify the circumstances under which an adminis-
trative appeal of a decision or ruling will be considered 
frivolous and will be summarily dismissed, and 
"(C) impose appropriate sanctions (which may include 
suspension and disbarment) in the case of frivolous behav-
ior. 
Nothing in this paragraph shall be construed as limiting the author-
ity of the Attorney General to take actions with respect to inappro-
priate behavior. 
"(7) LIMITATION ON DISCRETIONARY RELIEF FOR FAILURE 
TO APPEAR.—^Any alien against whom a final order of removal 
is entered in absentia under this subsection and who, at the 
time of the notice described in paragraph (1) or (2) of section 
239(a), was provided oral notice, either in the alien's native 
language or in another language the alien understands, of 
the time and place of the proceedings and of the consequences 
under this paragraph of failing, other than because of excep-
tional circumstances (as defined in subsection (e)(1)) to attend 
a proceeding under this section, shall not be eligible for relief 
under section 240A, 240B, 245, 248, or 249 for a period of 
10 years after the date of the entry of the final order of 
removal. 
"(c) DECISION AND BURDEN OF PROOF.— 
"(1) DECISION.— 
"(A) IN GENERAL.—^At the conclusion of the proceeding 
the immigration judge shall decide whether an alien is 
removable from the United States. The determination of 
the immigration judge shall be based only on the evidence 
produced at the hearing. 
"(B) CERTAIN MEDICAL DECISIONS.—If a medical officer 
or civil surgeon or board of medical officers has certified 
under section 232(b) that an alien has a disease, illness, 
or addiction which would make the alien inadmissible 
under paragraph (1) of section 212(a), the decision of the 
immigration judge shall be based solely upon such certifi-
cation. 
"(2) BURDEN ON ALIEN.—In the proceeding the alien has 
the burden of establishing— 
"(A) if the alien is an applicant for admission, that 
the alien is clearly and beyond doubt entitled to be admitted 
and is not inadmissible under section 212; or 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-592 
"(B) by clear and convincing evidence, that the alien 
is lawfully present in the United States pursuant to a 
prior admission. 
In meeting the burden of proof under subparagraph (B), the 
alien shall have access to the alien's visa or other entry docu-
ment, if any, and any other records and documents, not consid-
ered by the Attorney General to be confidential, pertaining 
to the alien's admission or presence in the United States. 
"(3) BURDEN ON SERVICE IN CASES OF DEPORTABLE ALIENS.— 
"(A) IN GENERAL.—In the proceeding the Service has 
the burden of establishing by clear and convincing evidence 
that, in the case of an alien who has been admitted to 
the United States, the alien is deportable. No decision 
on deportability shall be valid unless it is based upon 
reasonable, substantial, and probative evidence. 
"(B) PROOF OF CONVICTIONS.—In any proceeding under 
this Act, any of the following documents or records (or 
a certified copy of such an official document or record) 
shall constitute proof of a criminal conviction: 
"(i) An official record of judgment and conviction. 
"(ii) An official record of plea, verdict, and sen-
tence. 
"(iii) A docket entry from court records that 
indicates the existence of the conviction. 
"(iv) Official minutes of a court proceeding or a 
transcript of a court hearing in which the court takes 
notice of the existence of the conviction. 
"(v) An abstract of a record of conviction prepared 
by the court in which the conviction was entered, or 
by a State official associated with the State's repository 
of criminal justice records, that indicates the charge 
or section of law violated, the disposition of the case, 
the existence and date of conviction, and the sentence. 
"(vi) Any document or record prepared by, or under 
the direction of, the court in which the conviction was 
entered that indicates the existence of a conviction, 
"(vii) Any document or record attesting to the 
conviction that is maintained by an official of a State 
or Federal penal institution, which is the basis for 
that institution's authority to assume custody of the 
individual named in the record. 
"(C) ELECTRONIC RECORDS.—In any proceeding under 
this Act, any record of conviction or abstract that has 
been submitted by electronic means to the Service from 
a State or court shall be admissible as evidence to prove 
a criminal conviction if it is— 
"(i) certified by a State official associated with 
the State's repository of criminal justice records as 
an official record from its repository or by a court 
official from the court in which the conviction was 
entered as an official record from its repository, and 
"(ii) certified in writing by a Service official as 
having been received electronically from the State's 
record repository or the court's record repository. 
A certification under clause (i) may be by means of a 
computer-generated signature and statement of authentic-
ity. 
110 STAT. 3009-593 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(4) NOTICE.—If the immigration judge decides that the 
aUen is removable and orders the aHen to be removed, the 
judge shall inform the alien of the right to appeal that decision 
and of the consequences for failure to depart under the order 
of removal, including civil and criminal penalties. 
"(5) MOTIONS TO RECONSIDER.— 
"(A) IN GENERAL.—The alien may file one motion to 
reconsider a decision that the alien is removable from 
the United States. 
"(B) DEADLINE.—The motion must be filed within 30 
days of the date of entry of a final administrative order 
of removal. 
"(C) CONTENTS.—The motion shall specify the errors 
of law or fact in the previous order and shall be supported 
by pertinent authority. 
"(6) MOTIONS TO REOPEN.— 
"(A) IN GENERAL.—^An alien may file one motion to 
reopen proceedings under this section. 
"(B) CONTENTS.—^The motion to reopen shall state the 
new facts that will be proven at a hearing to be held 
if the motion is granted, and shall be supported by affida-
vits or other evidentiary material. 
"(C) DEADLINE.— 
"(i) IN GENERAL.—Except as provided in this 
subparagraph, the motion to reopen shall be filed 
within 90 days of the date of entry of a final adminis-
trative order of removal. 
"(ii) ASYLUM.—There is no time limit on the filing 
of a motion to reopen if the basis of the motion is 
to apply for relief under sections 208 or 241(b)(3) and 
is based on changed country conditions arising in the 
country of nationality or the country to which removal 
has been ordered, if such evidence is material and 
was not available and would not have been discovered 
or presented at the previous proceeding. 
"(iii) FAILURE TO APPEAR.—The filing of a motion 
to reopen an order entered pursuant to subsection (b)(5) 
is subject to the deadline specified in subparagraph 
(C) of such subsection. 
"(d) STIPULATED REMOVAL.—The Attorney General shall provide 
by regulation for the entry by an immigration judge of an order 
of removal stipulated to by the alien (or the alien's representative) 
and the Service. A stipulated order shall constitute a conclusive 
determination of the alien's removability from the United States. 
"(e) DEFINITIONS.—In this section and section 240A: 
"(1) EXCEPTIONAL CIRCUMSTANCES.—^The term 'exceptional 
circumstances' refers to exceptional circumstances (such as seri-
ous illness of the alien or serious illness or death of the spouse, 
child, or parent of the alien, but not including less compelling 
circumstances) beyond the control of the alien. 
"(2) REMOVABLE.—The term 'removable' means— 
"(A) in the case of an alien not admitted to the United 
States, that the alien is inadmissible under section 212, 
or 
"(B) in the case of an alien admitted to the United 
States, that the alien is deportable under section 237. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-594 
"CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS 
"SEC. 
240A. (a) CANCELLATION OF REMOVAL FOR CERTAIN 8 use 122%. 
PERMANENT RESIDENTS.—^The Attorney General may cancel removal 
in the case of an alien who is inadmissible or deportable from 
the United States if the alien— 
"(1) has been an alien lawfully admitted for permanent 
residence for not less than 5 years, 
"(2) has resided in the United States continuously for 7 
years after having been admitted in any status, and 
"(3) has not been convicted of any aggravated felony. 
"(b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS 
FOR CERTAIN NONPERMANENT RESIDENTS.— 
"(1) IN GENERAL.—The Attorney General may cancel 
removal in the case of an alien who is inadmissible or deport-
able from the United States if the alien— 
"(A) has been physically present in the United States 
for a continuous period of not less than 10 years imme-
diately preceding the date of such application; 
"(B) has been a person of good moral character during 
such period; 
"(C) has not been convicted of an offense under section 
212(a)(2), 237(a)(2), or 237(a)(3); and 
"(D) establishes that removal would result in excep-
tional and extremely unusual hardship to the alien's 
spouse, parent, or child, who is a citizen of the United 
States or an alien lawfully admitted for permanent resi-
dence. 
"(2) SPECIAL RULE FOR BATTERED SPOUSE OR CHILD.—The 
Attorney General may cancel removal in the case of an alien 
who is inadmissible or deportable from the United States if 
the alien demonstrates that— 
"(A) the alien has been battered or subjected to extreme 
cruelty in the United States by a spouse or parent who 
is a United States citizen or lawful permanent resident 
(or is the parent of a child of a United States citizen 
or lawful permanent resident and the child has been bat-
tered or subjected to extreme cruelty in the United States 
by such citizen or permanent resident parent); 
"(B) the alien has been physically present in the United 
States for a continuous period of not less than 3 years 
immediately preceding the date of such application; 
"(C) the alien has been a person of good moral char-
acter during such period; 
"(D) the alien is not inadmissible under paragraph 
(2) or (3) of section 212(a), is not deportable under para-
graph (1)(G) or (2) through (4) of section 237(a), and has 
not been convicted of an aggravated felony; and 
"(E) the removal would result in extreme hardship 
to the alien, the alien's child, or (in the case of an alien 
who is a child) to the alien's parent. 
In acting on applications under this paragraph, the Attorney 
General shall consider any credible evidence relevant to the 
application. The determination of what evidence is credible 
and the weight to be given that evidence shall be within the 
sole discretion of the Attorney General. 
110 STAT. 3009-595 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(3) ADJUSTMENT OF STATUS.—The Attorney General may 
adjust to the status of an alien lawfully admitted for permanent 
residence any alien who the Attorney General determines meets 
the requirements of paragraph (1) or (2). The number of adjust-
ments under this paragraph shall not exceed 4,000 for any 
fiscal year. The Attorney General shall record the alien's lawful 
admission for permanent residence as of the date the Attorney 
General's cancellation of removal under paragraph (1) or (2) 
or determination under this paragraph. 
"(c) ALIENS INELIGIBLE FOR RELIEF.—The provisions of sub-
sections (a) and (b)(1) shall not apply to any of the following aliens: 
"(1) An alien who entered the United States as a crewman 
subsequent to June 30, 1964. 
"(2) An alien who was admitted to the United States as 
a 
nonimmigrant 
exchange 
alien as defined 
in section 
101(a)(15)(J), or has acquired the status of such a nonimmigrant 
exchange alien after admission, in order to receive graduate 
medical education or training, regardless of whether or not 
the alien is subject to or has fulfilled the two-year foreign 
residence requirement of section 212(e). 
"(3) An alien who— 
"(A) was admitted to the United States as a non-
immigrant 
exchange 
alien 
as 
defined 
in 
section 
101(a)(15)(J) or has acquired the status of such a non-
immigrant exchange alien after admission other than to 
receive graduate medical education or training, 
"(B) is subject to the two-year foreign residence require-
ment of section 212(e), and 
"(C) has not fulfilled that requirement or received a 
waiver thereof. 
"(4) An alien who is inadmissible under section 212(a)(3) 
or deportable under section 237(a)(4). 
"(5) An alien who is described in section 241(b)(3)(B)(i). 
"(6) An alien whose removal has previously been cancelled 
under this section or whose deportation was suspended under 
section 244(a) or who has been granted relief under section 
212(c), as such sections were in effect before the date of the 
enactment of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996. 
"(d) SPECIAL RULES RELATING TO CONTINUOUS RESIDENCE OR 
PHYSICAL PRESENCE.— 
"(1) TERMINATION OF CONTINUOUS PERIOD.—For purposes 
of this section, any period of continuous residence or continuous 
physical presence in the United States shall be deemed to 
end when the alien is served a notice to appear under section 
239(a) or when the alien has committed an offense referred 
to in section 212(a)(2) that renders the alien inadmissible to 
the United States under section 212(a)(2) or removable from 
the United States under section 237(a)(2) or 237(a)(4), which-
ever is earliest. 
• "(2) TREATMENT OF CERTAIN BREAKS IN PRESENCE.^An 
alien shall be considered to have failed to maintain continuous 
physical presence in the United States under subsections (b)(1) 
and (b)(2) if the alien has departed from the United States 
for any period in excess of 90 days or for any periods in 
the aggregate exceeding 180 days. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-596 
"(3) 
CONTINUITY NOT REQUIRED BECAUSE OF HONORABLE 
SERVICE IN ARMED FORCES AND PRESENCE UPON ENTRY INTO 
SERVICE.—^The requirements of continuous residence or continu-
ous physical presence in the United States under subsections 
(a) and (b) shall not apply to an alien who— 
"(A) has served for a minimum period of 24 months 
in an active-duty status in the Armed Forces of the United 
States and, if separated from such service, was separated 
under honorable conditions, and 
"(B) at the time of the alien's enlistment or induction 
was in the United States. 
"(e) ANNUAL LIMITATION.—The Attorney General may not can-
cel the removal and adjust the status under this section, nor sus-
pend the deportation and adjust the status under section 244(a) 
(as in effect before the enactment of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996), of a total of more 
than 4,000 aliens in any fiscal year. The previous sentence shall 
apply regardless of when an alien applied for such cancellation 
and adjustment and whether such an alien had previously applied 
for suspension of deportation under such section 244(a). 
"VOLUNTARY DEPARTURE 
"SEC 240B. (a) CERTAIN CONDITIONS.— 
8 use i229c. 
"(1) IN GENERAL.—^The Attorney General may permit an 
alien voluntarily to depart the United States at the alien's 
own expense under this subsection, in lieu of being subject 
to proceedings under section 240 or prior to the completion 
of such proceedings, if the alien is not deportable under section 
237(a)(2)(A)(iii) or section 237(a)(4)(B). 
"(2) PERIOD.—Permission to depart voluntarily under this 
subsection shall not be valid for a period exceeding 120 days. 
"(3) BOND.—The Attorney General may require an alien 
permitted to depart voluntarily under this subsection to post 
a voluntary departure bond, to be surrendered upon proof that 
the alien has departed the United States within the time speci-
fied. 
"(4) 
TREATMENT 
OF ALIENS ARRIVING IN THE 
UNITED 
STATES.—In the case of an alien who is arriving in the United 
States and with respect to whom proceedings under section 
240 are (or would otherwise be) initiated at the time of such 
alien's arrival, paragraph (1) shall not apply. Nothing in this 
paragraph shall be construed as preventing such an alien from 
withdrawing the application for admission in accordance with 
section 235(a)(4). 
"(b) AT CONCLUSION OF PROCEEDINGS.— 
"(1) IN GENERAL.—The Attorney General may permit an 
alien voluntarily to depart the United States at the alien's 
own expense if, at the conclusion of a proceeding under section 
240, the immigration judge enters an order granting voluntary 
departure in lieu of removal and finds that— 
"(A) the alien has been physically present in the United 
States for a period of at least one year immediately preced-
ing the date the notice to appear was served under section 
239(a); 
"(B) the alien is, and has been, a person of good moral 
character for at least 5 years immediately preceding the 
alien's application for voluntary departure; 
110 STAT. 3009-597 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(C) the alien is not deportable 
under 
section 
237(a)(2)(A)(iii) or section 237(a)(4); and 
"(D) the alien has established by clear and convincing 
evidence that the alien has the means to depart the United 
States and intends to do so. 
"(2) PERIOD.—Permission to depart voluntarily under this 
subsection shall not be valid for a period exceeding 60 days. 
"(3) BOND.—^An alien permitted to depart voluntarily under 
this subsection shall be required to post a voluntary departure 
bond, in an amount necessary to ensure that the alien will 
depart, to be surrendered upon proof that the alien has departed 
the United States within the time specified. 
"(c) ALIENS NOT ELIGIBLE.—The Attorney General shall not 
permit an alien to depart voluntarily under this section if the 
alien was previously permitted to so depart after having been 
found inadmissible under section 212(a)(6)(A). 
"(d) CIVIL PENALTY FOR FAILURE TO DEPART.—If an ahen is 
permitted to depart voluntarily under this section and fails volun-
tarily to depart the United States within the time period specified, 
the alien shall be subject to a civil penalty of not less than $1,000 
and not more than $5,000, and be ineligible for a period of 10 
years for any further relief under this section and sections 240A, 
245, 248, and 249. The order permitting the alien to depart volun-
tarily shall inform the alien of the penalties under this subsection. 
"(e) ADDITIONAL CONDITIONS.—The Attorney General may by 
regulation limit eligibility for voluntary departure under this section 
for any class or classes of aliens. No court may review any regulation 
issued under this subsection. 
"(f) JUDICIAL REVIEW.—^No court shall have jurisdiction over 
an appeal from denial of a request for an order of voluntary depar-
ture under subsection (b), nor shall any court order a stay of 
an alien's removal pending consideration of any claim with respect 
to voluntary departure.". 
(b) REPEAL OF SECTION 212(C).—Section 212(c) (8 U.S.C. 1182(c)) 
is repealed. 
(c) STREAMLINING REMOVAL OF CRIMINAL ALIENS.— 
(1) IN GENERAL.—Section 242A(b)(4) (8 U.S.C. 1252a(b)(4)), 
as amended by section 442(a) of Public Law 104-132 and before 
redesignation by section 308(b)(5) of this division, is amended— 
(A) by striking subparagraph (D); 
(B) by amending subparagraph (E) to read as follows: 
"(D) a determination is made for the record that the 
individual upon whom the notice for the proceeding under 
this section is served (either in person or by mail) is, 
in fact, the alien named in such notice;"; and 
(C) by redesignating subparagraphs (F) and (G) as 
subparagraph (E) and (F), respectively. 
8 use 1252a 
(2) EFFECTIVE DATE.—^The amendments made by paragraph 
note. 
(1) shall be effective as if included in the enactment of section 
442(a) of Public Law 104-132. 
SEC. 
305. 
DETENTION 
AND 
REMOVAL 
OF 
ALIENS 
ORDERED REMOVED 
(NEW 
SECTION 
241). 
(a) IN GENERAL.—^Title II is further amended— 
(1) by striking section 237 (8 U.S.C. 1227), 
PUBLIC LAW 104-208—SEPT. 50, 1996 
110 STAT. 3009-598 
(2) by redesignating section 241 (8 U.S.C. 1251) as section 
237 and by moving such section to immediately follow section 8 USC 1227. 
236, and 
(3) by inserting after section 240C (as redesignated by 
section 304(a)(2)) of this division the following new section: 
"DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED 
"SEC. 241. (a) DETENTION, RELEASE, AND REMOVAL OF ALIENS 8 use 1231. 
ORDERED REMOVED.— 
"(1) REMOVAL PERIOD.— 
"(A) IN GENERAL.—^Except as otherwise provided in 
this section, when an alien is ordered removed, the Attor-
ney General shall remove the alien from the United States 
within a period of 90 days (in this section referred to 
as the 'removal period'). 
"(B) BEGINNING OF PERIOD.—The removal period begins 
on the latest of the following: 
"(i) The date the order of removal becomes 
administratively final. 
"(ii) If the removal order is judicially reviewed 
and if a court orders a stay of the removal of the 
alien, the date of the court's final order. 
"(iii) If the alien is detained or confined (except 
under an immigration process), the date the alien is 
released from detention or confinement. 
"(C) SUSPENSION OF PERIOD.—^The removal period shall 
be extended beyond a period of 90 days and the alien 
may remain in detention during such extended period if 
the alien fails or refuses to make timely application in 
good faith for travel or other documents necessary to the 
alien's departure or conspires or acts to prevent the alien's 
removal subject to an order of removal. 
"(2) DETENTION.—During the removal period, the Attorney 
General shall detain the alien. Under no circumstance during 
the removal period shall the Attorney General release an alien 
who has been found inadmissible under section 212(a)(2) or 
212(a)(3)(B) 
or 
deportable 
under 
section 
237(a)(2) 
or 
237(a)(4)(B). 
"(3) SUPERVISION AFTER 90-DAY PERIOD.—If the alien does 
not leave or is not removed within the removal period, the 
alien, pending removal, shall be subject to supervision under 
regulations prescribed by the Attorney General. The regulations 
shall include provisions requiring the alien— 
"(A) to appear before an immigration officer periodi-
cally for identification; 
"(B) to submit, if necessary, to a medical and psy-
chiatric examination at the expense of the United States 
Government; 
"(C) to give information under oath about the alien's 
nationality, circumstances, habits, associations, and activi-
ties, and other information the Attorney General considers 
appropriate; and 
"(D) to obey reasonable written restrictions on the 
alien's conduct or activities that the Attorney General pre-
scribes for the alien. 
"(4) ALIENS IMPRISONED, ARRESTED, OR ON PAROLE, SUPER-
VISED RELEASE, OR PROBATION.— 
110 STAT. 3009-599 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(A) IN GENERAL.—Except as provided in section 343(a) 
of the Public Health Service Act (42 U.S.C. 259(a)) and 
paragraph (2), the Attorney General may not remove an 
alien who is sentenced to imprisonment until the alien 
is released from imprisonment. Parole, supervised release, 
probation, or possibility of arrest or further imprisonment 
is not a reason to defer removal. 
"(B) EXCEPTION FOR REMOVAL OF NONVIOLENT OFFEND-
ERS PRIOR TO COMPLETION OF SENTENCE OF IMPRISON-
MENT.—The Attorney General is authorized to remove an 
alien in accordance with applicable procedures under this 
Act before the alien has completed a sentence of imprison-
ment— 
"(i) in the case of an alien in the custody of the 
Attorney General, if the Attorney Greneral determines 
that (I) the alien is confined pursuant to a final convic-
tion for a nonviolent offense (other than an offense 
related to smuggling or harboring of aliens or an 
offense described in section 101(a)(43)(B), (C), (E), (I), 
or (L) and (II) the removal of the alien is appropriate 
and in the best interest of the United States; or 
"(ii) in the case of an alien in the custody of a 
State (or a political subdivision of a State), if the 
chief State official exercising authority with respect 
to the incarceration of the alien determines that (I) 
the alien is confined pursuant to a final conviction 
for a nonviolent offense 
(other than an 
offense 
described in section 101(a)(43)(C) or (E)), (II) the 
removal is appropriate and in the best interest of the 
State, and (III) submits a written request to the Attor-
ney (General that such alien be so removed. 
"(C) NOTICE.—^Any alien removed pursuant to this 
paragraph shall be notified of the penalties under the laws 
of the United States relating to the reentry of deported 
aliens, particularly the expanded penalties for aliens 
removed under subparagraph (B). 
"(D) NO PRIVATE RIGHT.—^No cause or claim may be 
asserted under this paragraph against any official of the 
United States or of any State to compel the release, 
removal, or consideration for release or removal of any 
alien. 
"(5) REINSTATEMENT OF REMOVAL ORDERS AGAINST ALIENS 
ILLEGALLY REENTERING.—If the Attorney Greneral finds that 
an alien has reentered the United States illegally after having 
been removed or having departed voluntarily, under an order 
of removal, the prior order of removal is reinstated from its 
original date and is not subject to being reopened or reviewed, 
the alien is not eligible and may not apply for any relief 
under this Act, and the alien shall be removed under the 
prior order at any time after the reentry. 
"(6) INADMISSIBLE OR CRIMINAL ALIENS.—^An alien ordered 
removed who is inadmissible under section 212, removable 
under section 237(a)(1)(C), 237(a)(2), or 237(a)(4) or who has 
been determined by the Attorney (General to be a risk to the 
community or unlikely to comply with the order of removal, 
may be detained beyond the removal period and, if released, 
shall be subject to the terms of supervision in paragraph (3). 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-600 
"(7) 
EMPLOYMENT 
AUTHORIZATION.—No 
alien 
ordered 
removed shall be eligible to receive authorization to be 
employed in the United States unless the Attorney General 
makes a specific finding that— 
"(A) the alien cannot be removed due to the refusal 
of all countries designated by the alien or under this section 
to receive the alien, or 
"(B) the removal of the alien is otherwise impracticable 
or contrary to the public interest. 
"(b) COUNTRIES TO WHICH ALIENS MAY BE REMOVED.— 
"(1) ALIENS ARRI\ING AT THE UNITED STATES.—Subject to 
paragraph (3)— 
"(A) IN GENERAL.—Except as provided by subpara-
graphs (B) and (C), an alien who arrives at the United 
States and with respect to whom proceedings under section 
240 were initiated at the time of such alien's arrival shall 
be removed to the country in which the alien boarded 
the vessel or aircraft on which the alien arrived in the 
United States. 
"(B) 
TRAVEL FROM CONTIGUOUS TERRITORY.—If 
the 
alien boarded the vessel or aircraft on which the alien 
arrived in the United States in a foreign territory contig-
uous to the United States, an island adjacent to the United 
States, or an island adjacent to a foreign territory contig-
uous to the United States, and the alien is not a native, 
citizen, subject, or national of, or does not reside in, the 
territory or island, removal shall be to the country in 
which the alien boarded the vessel that transported the 
alien to the territory or island. 
"(C) ALTERNATIVE COUNTRIES.—If the government of 
the country designated in subparagraph (A) or (B) is unwill-
ing to accept the alien into that country's territory, removal 
shall be to any of the following countries, as directed by 
the Attorney General: 
"(i) The country of which the alien is a citizen, 
subject, or national. 
"(ii) The country in which the alien was born, 
"(iii) The country in which the alien has a resi-
dence. 
"(iv) A country with a government that will accept 
the alien into the country's territory if removal to 
each country described in a previous clause of this 
subparagraph is impracticable, inadvisable, or impos-
sible. 
"(2) OTHER ALIENS.—Subject to paragraph (3)— 
"(A) 
SELECTION OF COUNTRY BY ALIEN.—Except 
as 
otherwise provided in this paragraph— 
"(i) any alien not described in paragraph (1) who 
has been ordered removed may designate one country 
to which the alien wants to be removed, and 
"(ii) the Attorney General shall remove the alien 
to the country the alien so designates. 
"(B) LIMITATION ON DESiGNATiON.^An alien may des-
ignate under subparagraph (A)(i) a foreign territory contig-
uous to the United States, an adjacent island, or an island 
adjacent to a foreign territory contiguous to the United 
States as the place to which the alien is to be removed 
110 STAT. 3009-601 
PUBLIC LAW 104-208—SEPT. 30, 1996 
only if the alien is a native, citizen, subject, or national 
of, or has resided in, that designated territory or island. 
"(C) DISREGARDING DESIGNATION.—^The Attorney Gen-
eral may disregard a designation under subparagraph (A)(i) 
if— 
"(i) the alien fails to designate a country promptly; 
"(ii) the government of the country does not inform 
the Attorney General finally, within 30 days after the 
date the Attorney General first inquires, whether the 
government will accept the alien into the country; 
"(iii) the government of the country is not willing 
to accept the alien into the country; or 
"(iv) the Attorney General decides that removing 
the alien to the country is prejudicial to the United 
States. 
"(D) 
ALTERNATIVE 
COUNTRY.—If an 
alien is not 
removed to a country designated under subparagraph (A)(i), 
the Attorney General shall remove the alien to a country 
of which the alien is a subject, national, or citizen unless 
the government of the country— 
"(i) does not inform the Attorney General or the 
alien finally, within 30 days after the date the Attorney 
General first inquires or within another period of time 
the Attorney General decides is reasonable, whether 
the government will accept the alien into the country; 
or 
"(ii) is not willing to accept the alien into the 
country. 
"(E) ADDITIONAL REMOVAL COUNTRIES.—If an alien is 
not removed to a country under the previous subparagraphs 
of this paragraph, the Attorney General shall remove the 
alien to any of the following countries: 
"(i) The country from which the alien was admitted 
to the United States. 
"(ii) The country in which is located the foreign 
port from which the alien left for the United States 
or for a foreign territory contiguous to the United 
States. 
"(iii) A country in which the alien resided before 
the alien entered the country from which the alien 
entered the United States. 
"(iv) The country in which the alien was born. 
"(v) The country that had sovereignty over the 
alien's birthplace when the alien was born. 
"(vi) The country in which the alien's birthplace 
is located when the alien is ordered removed. 
"(vii) If impracticable, inadvisable, or impossible 
to remove the alien to each country described in a 
previous clause of this subparagraph, another country 
whose government will accept the alien into that coun-
try. 
"(F) 
REMOVAL COUNTRY WHEN UNITED STATES IS AT 
WAR.—^When the United States is at war and the Attorney 
General decides that it is impracticable, inadvisable, 
inconvenient, or impossible to remove an alien under this 
subsection because of the war, the Attorney General may 
remove the alien— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-602 
"(i) to the country that is host to a government 
in exile of the country of which the alien is a citizen 
or subject if the government of the host country will 
permit the alien's entry; or 
"(ii) if the recognized government of the country 
of which the alien is a citizen or subject is not in 
exile, to a country, or a political or territorial subdivi-
sion of a country, that is very near the country of 
which the alien is a citizen or subject, or, with the 
consent of the government of the country of which 
the alien is a citizen or subject, to another country. 
"(3) RESTRICTION ON REMOVAL TO A COUNTRY WHERE ALIEN'S 
LIFE OR FREEDOM WOULD BE THREATENED.— 
"(A) IN GENERAL.—^Notwithstanding paragraphs (1) and 
(2), the Attorney General may not remove an alien to 
a country if the Attorney General decides that the alien's 
life or freedom would be threatened in that country because 
of the alien's race, religion, nationality, membership in 
a particular social group, or political opinion. 
"(B) EXCEPTION.—Subparagraph (A) does not apply to 
an alien deportable under section 237(a)(4)(D) or if the 
Attorney General decides that— 
"(i) the alien ordered, incited, assisted, or otherwise 
participated in the persecution of an individual because 
of the individual's race, religion, nationality, member-
ship in a particular social group, or political opinion; 
"(ii) the alien, having been convicted by a final 
judgment of a particularly serious crime is a danger 
to the community of the United States; 
"(iii) there are serious reasons to believe that the 
alien committed a serious nonpolitical crime outside 
the United States before the alien arrived in the United 
States; or 
"(iv) there are reasonable grounds to believe that 
the alien is a danger to the security of the United 
States. 
For purposes of clause (ii), an alien who has been convicted 
of an aggravated felony (or felonies) for which the alien 
has been sentenced to an aggregate term of imprisonment 
of at least 5 years shall be considered to have committed 
a particularly serious crime. The previous sentence shall 
not preclude the Attorney General from determining that, 
notwithstanding the length of sentence imposed, an alien 
has been convicted of a particularly serious crime. For 
purposes of clause (iv), an alien who is described in section 
237(a)(4)(B) shall be considered to be an alien with respect 
to whom there are reasonable grounds for regarding as 
a danger to the security of the United States. 
"(c) REMOVAL OF ALIENS ARRIVING AT PORT OF ENTRY.— 
"(1) VESSELS AND AIRCRAFT.—^An alien arriving at a port 
of entry of the United States who is ordered removed either 
without a hearing under section 235(b)(1) or 235(c) or pursuant 
to proceedings under section 240 initiated at the time of such 
alien's arrival shall be removed immediately on a vessel or 
aircraft owned by the owner of the vessel or aircraft on which 
the alien arrived in the United States, unless— 
110 STAT. 3009-603 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(A) it is impracticable to remove the alien on one 
of those vessels or aircraft within a reasonable time, or 
"(B) the alien is a stowaway— 
"(i) who has been ordered removed in accordance 
with section 235(a)(1), 
"(ii) who has requested asylum, and 
"(iii) whose application has not been adjudicated 
or whose asylum application has been denied but who 
has not exhausted all appeal rights. 
"(2) STAY OF REMOVAL.— 
"(A) IN GENERAL.—^The Attorney General may stay the 
removal of an alien under this subsection if the Attorney 
General decides that— 
"(i) immediate removal is not practicable or proper; 
or 
"(ii) the alien is needed to testify in the prosecution 
of a person for a violation of a law of the United 
States or of any State. 
"(B) PAYMENT OF DETENTION COSTS.—During the period 
an alien is detained because of a stay of removal under 
subparagraph (A)(ii), the Attorney General may pay from 
the appropriation 'Immigration and Naturalization Serv-
ice—Salaries and Expenses'— 
"(i) the cost of maintenance of the alien; and 
"(ii) a witness fee of $1 a day. 
"(C) RELEASE DURING STAY.—^The Attorney General 
may release an alien whose removal is stayed under 
subparagraph (A)(ii) on— 
"(i) the alien's filing a bond of at least $500 with 
security approved by the Attorney General; 
"(ii) condition that the alien appear when required 
as a witness and for removal; and 
"(iii) other conditions the Attorney General may 
prescribe. 
"(3) 
COSTS OF DETENTION AND MAINTENANCE PENDING 
REMOVAL.— 
"(A) IN GENERAL.—Except as provided in subparagraph 
(B) and subsection (d), an owner of a vessel or aircraft 
bringing an alien to the United States shall pay the costs 
of detaining and maintaining the alien— 
"(i) while the alien is detained under subsection 
(d)(1), and 
"(ii) in the case of an alien who is a stowaway, 
while the alien is being detained pursuant to— 
"(I) subsection (d)(2)(A) or (d)(2)(B)(i), 
"(II) subsection (d)(2)(B)(ii) or (iii) for the 
period of time reasonably necessary for the owner 
to arrange for repatriation or removal of the stow-
away, including obtaining necessary travel docu-
ments, but not to extend beyond the date on which 
it is ascertained that such travel documents cannot 
be obtained from the country to which the stow-
away is to be returned, or 
"(III) section 235(b)(l)(B)(ii), for a period not 
to exceed 15 days (excluding Saturdays, Sundays, 
and holidays) commencing on the first such day 
which begins on the earlier of 72 hours after the 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-604 
time of the initial presentation of the stowaway 
for inspection or at the time the stowaway is deter-
mined to have a credible fear of persecution. 
"(B) NONAPPLICATION.—Subparagraph (A) shall not 
apply if— 
"(i) the alien is a crewmember; 
"(ii) the alien has an immigrant visa; 
"(iii) the alien has a nonimmigrant visa or other 
documentation authorizing the alien to apply for tem-
porary admission to the United States and applies 
for admission not later than 120 days after the date 
the visa or documentation was issued; 
"(iv) the alien has a reentry permit and applies 
for admission not later than 120 days after the date 
of the alien's last inspection and admission; 
"(v)(I) the alien has a nonimmigrant visa or other 
documentation authorizing the alien to apply for tem-
porary admission to the United States or a reentry 
permit; 
"(II) the alien applies for admission more than 
120 days after the date the visa or documentation 
was issued or after the date of the last inspection 
and admission under the reentry permit; and 
"(III) the owner of the vessel or aircraft satisfies 
the Attorney General that the existence of the condition 
relating to inadmissibility could not have been discov-
ered by exercising reasonable care before the alien 
boarded the vessel or aircraft; or 
"(vi) the individual claims to be a national of the 
United States and has a United States passport. 
"(d) REQUIREMENTS OF PERSONS PROVIDING TRANSPORTATION.— 
"(1) REMOVAL AT TIME OF ARRIVAL.—^An owner, agent, mas-
ter, commanding officer, person in charge, purser, or consignee 
of a vessel or aircraft bringing an alien (except an alien crew-
member) to the United States shall— 
"(A) receive an alien back on the vessel or aircraft 
or another vessel or aircraft owned or operated by the 
same interests if the alien is ordered removed under this 
part; and 
"(B) take the alien to the foreign country to which 
the alien is ordered removed. 
"(2) 
ALIEN 
STOWAWAYS.—An 
owner, 
agent, 
master, 
commanding officer, charterer, or consignee of a vessel or air-
craft arriving in the United States with an alien stowaway— 
"(A) shall detain the alien on board the vessel or air-
craft, or at such place as the Attorney General shall des-
ignate, until completion of the inspection of the alien by 
an immigration officer; 
"(B) may not permit the stowaway to land in the United 
States, except pursuant to regulations of the Attorney Gen-
eral temporarily— 
"(i) for medical treatment, 
"(ii) for detention of the stowaway by the Attorney 
General, or 
"(iii) for departure or removal of the stowaway; 
and 
110 STAT. 3009-605 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(C) if ordered by an immigration officer, shall remove 
the stowaway on the vessel or aircraft or on another vessel 
or aircraft. 
The Attorney General shall grant a timely request to remove 
the stowaway under subparagraph (C) on a vessel or aircraft 
other than that on which the stowaway arrived if the requester 
has obtained any travel documents necessary for departure 
or repatriation of the stowaway and removal of the stowaway 
will not be unreasonably delayed. 
"(3) REMOVAL UPON ORDER.—^An owner, agent, master, 
commanding officer, person in charge, purser, or consignee 
of a vessel, aircraft, or other transportation line shall comply 
with an order of the Attorney General to take on board, guard 
safely, and transport to the destination specified any alien 
ordered to be removed under this Act. 
"(e) PAYMENT OF EXPENSES OF REMOVAL.— 
"(1) COSTS OF REMOVAL AT TIME OF ARRIVAL.—In the case 
of an alien who is a stowaway or who is ordered removed 
either without a hearing under section 235(a)(1) or 235(c) or 
pursuant to proceedings under section 240 initiated at the 
time of such alien's arrival, the owner of the vessel or aircraft 
(if any) on which the alien arrived in the United States shall 
pay the transportation cost of removing the alien. If removal 
is on a vessel or aircraft not owned by the owner of the vessel 
or aircraft on which the alien arrived in the United States, 
the Attorney General may— 
"(A) pay the cost from the appropriation 'Immigration 
and Naturalization Service—Salaries and Expenses'; and 
"(B) recover the amount of the cost in a civil action 
from the owner, agent, or consignee of the vessel or aircraft 
(if any) on which the alien arrived in the United States. 
"(2) COSTS OF REMOVAL TO PORT OF REMOVAL FOR ALIENS 
ADMITTED OR PERMITTED TO LAND.— In the case of an alien 
who has been admitted or permitted to land and is ordered 
removed, the cost (if any) of removal of the alien to the port 
of removal shall be at the expense of the appropriation for 
the enforcement of this Act. 
"(3) COSTS OF REMOVAL FROM PORT OF REMOVAL FOR ALIENS 
ADMITTED OR PERMITTED TO LAND.— 
"(A) THROUGH APPROPRIATION.—Except as provided in 
subparagraph (B), in the case of an alien who has been 
admitted or permitted to land and is ordered removed, 
the cost (if any) of removal of the alien from the port 
of removal shall be at the expense of the appropriation 
for the enforcement of this Act. 
"(B) THROUGH OWNER.— 
"(i) IN GENERAL.—In the case of an alien described 
in clause (ii), the cost of removal of the alien from 
the port of removal may be charged to any owner 
of the vessel, aircraft, or other transportation line by 
which the alien came to the United States. 
"(ii) ALIENS DESCRIBED.—^An alien described in this 
clause is an alien who— 
"(I) is admitted to the United States (other 
than lawfully admitted for permanent residence) 
and is ordered removed within 5 years of the date 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-606 
of admission based on a ground that existed before 
or at the time of admission, or 
"(11) is an ahen crewman permitted to land 
temporarily under section 252 and is ordered 
removed within 5 years of the date of landing. 
"(C) COSTS OF REMOVAL OF CERTAIN ALIENS GRANTED 
VOLUNTARY DEPARTURE.—In the case of an alien who has 
been granted voluntary departure under section 240B and 
who is financially unable to depart at the alien's own 
expense and whose removal the Attorney General deems 
to be in the best interest of the United States, the expense 
of such removal may be paid from the appropriation for 
the enforcement of this Act. 
"(f) ALIENS REQUIRING PERSONAL CARE DURING REMOVAL.— 
"(1) IN GENERAL.—If the Attorney General believes that 
an alien being removed requires personal care because of the 
alien's mental or physical condition, the Attorney General may 
employ a suitable person for that purpose who shall accompany 
and care for the alien until the alien arrives at the final 
destination. 
"(2) COSTS.—^The costs of providing the service described 
in paragraph (1) shall be defrayed in the same manner as 
the expense of removing the accompanied alien is defrayed 
under this section. 
"(g) PLACES OF DETENI:'ION.— 
"(1) IN GENERAL.—^The Attorney General shall arrange for 
appropriate places of detention for aliens detained pending 
removal or a decision on removal. When United States Govern-
ment facilities are unavailable or facilities adapted or suitably 
located for detention are unavailable for rental, the Attorney 
General may expend from the appropriation 'Immigration and 
Naturalization Service—Salaries and Expenses', without regard 
to section 3709 of the Revised Statutes (41 U.S.C. 5), amounts 
necessary to acquire land and to acquire, build, remodel, repair, 
and operate facilities (including living quarters for immigration 
officers if not otherwise available) necessary for detention. 
"(2) DETENTION FACILITIES OF THE IMMIGRATION AND NATU-
RALIZATION SERVICE.—Prior to initiating any project for the 
construction of any new detention facility for the Service, the 
Commissioner shall consider the availability for purchase or 
lease of any existing prison, jail, detention center, or other 
comparable facility suitable for such use. 
"(h) STATUTORY CONSTRUCTION.—^Nothing in this section shall 
be construed to create any substantive or procedural right or benefit 
that is legally enforceable by any party against the United States 
or its agencies or officers or any other person.". 
(b) REENTRY OF ALIEN REMOVED PRIOR TO COMPLETION OF 
TERM OF IMPRISONMENT.—Section 276(b) (8 U.S.C. 1326(b)), as 
amended by section 321(b) of this division, is amended— 
(1) by striking "or" at the end of paragraph (2), 
(2) by adding "or" at the end of paragraph (3), and 
(3) by inserting after paragraph (3) the following new para-
graph: 
"(4) who was removed from the United States pursuant 
to section 241(a)(4)(B) who thereafter, without the permission 
of the Attorney General, enters, attempts to enter, or is at 
any time found in, the United States (unless the Attorney 
29-194 O - 96 - 25 : QL 3 Part 4 
110 STAT. 3009-607 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Greneral has expressly consented to such aUen's reentry) shall 
be fined under title 18, United States Code, imprisoned for 
not more than 10 years, or both. 
(c) 
MISCELLANEOUS 
CONFORMING 
AMENDMENT.—Section 
212(a)(4) (8 U.S.C. 1182(a)(4)), as amended by section 621(a) of 
this division, is amended by striking "241(a)(5)(B)" each place it 
appears and inserting "237(a)(5)(B)". 
SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SECTION 242). 
(a) IN GENERAL.—Section 242 (8 U.S.C. 1252) is amended— 
(1) by redesignating subsection (j) as subsection (i) and 
by moving such subsection and adding it at the end of section 
8 use 1231. 
241, as inserted by section 305(a)(3) of this division; and 
(2) by amending the remainder of section 242 to read 
as follows: 
"JUDICIAL REVIEW OF ORDERS OF REMOVAL 
"SEC. 242. (a) APPLICABLE PROVISIONS.— 
"(1) GENERAL ORDERS OF REMOVAL.—Judicial review of a 
final order of removal (other than an order of removal without 
a hearing pursuant to section 235(b)(1)) is governed only by 
chapter 158 of title 28 of the United States Code, except as 
provided in subsection (b) and except that the court may not 
order the taking of additional evidence under section 2347(c) 
of such title. 
"(2) MATTERS NOT SUBJECT TO JUDICIAL REVIEW.— 
"(A) REVIEW RELATING TO SECTION 235(b)(1).—Notwith-
standing any other provision of law, no court shall have 
jurisdiction to review— 
"(i) except as provided in subsection (e), any 
individual determination or to entertain any other 
cause or claim arising from or relating to the 
implementation or operation of an order of removal 
pursuant to section 235(b)(1), 
"(ii) except as provided in subsection (e), a decision 
by the Attorney General to invoke the provisions of 
such section, 
"(iii) the application of such section to individual 
aliens, including the determination made under section 
235(b)(1)(B), or 
"(iv) except as provided in subsection (e), proce-
dures and policies adopted by the Attorney General 
to implement the provisions of section 235(b)(1). 
"(B) 
DENIALS 
OF DISCRETIONARY 
RELIEF.—^Notwith-
standing any other provision of law, no court shall have 
jurisdiction to review— 
"(i) any judgment regarding the granting of relief 
under section 212(h), 212(i), 240A, 240B, or 245, or 
"(ii) any other decision or action of the Attorney 
General the authority for which is specified under this 
title to be in the discretion of the Attorney General, 
other than the granting of relief under section 208(a). 
"(C) 
ORDERS 
AGAINST 
CRIMINAL 
ALIENS.—Notwith-
standing any other provision of law, no court shall have 
jurisdiction to review any final order of removal against 
an alien who is removable by reason of having committed 
a 
criminal 
offense 
covered in section 
212(a)(2) or 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-608 
237(a)(2)(A)(iii), (B), (C), or (D), or any offense covered 
by section 237(a)(2)(A)(ii) for which both predicate offenses 
are, without regard to their date of commission, otherwise 
covered by section 237(a)(2)(A)(i). 
"(3) TREATMENT OF CERTAIN DECISIONS.—No aHen shall 
have a right to appeal from a decision of an immigration 
judge which is based solely on a certification described in sec-
tion 240(c)(1)(B). 
"(b) REQUIREMENTS FOR REVIEW OF ORDERS OF REMOVAL.— 
With respect to review of an order of removal under subsection 
(a)(1), the following requirements apply: 
"(1) DEADLINE.—^The petition for review must be filed not 
later than 30 days after the date of the final order of removal. 
"(2) VENUE AND FORMS.—^The petition for review shall be 
filed with the court of appeals for the judicial circuit in which 
the immigration judge completed the proceedings. The record 
and briefs do not have to be printed. The court of appeals 
shall review the proceeding on a typewritten record and on 
typewritten briefs. 
"(3) SERVICE.— 
"(A) IN GENERAL.—^The respondent is the Attorney Gren-
eral. The petition shall be served on the Attorney Greneral 
and on the officer or employee of the Service in charge 
of the Service district in which the final order of removal 
under section 240 was entered. 
"(B) STAY OF ORDER.—Service of the petition on the 
officer or employee does not stay the removal of an alien 
pending the court's decision on the petition, unless the 
court orders otherwise. 
"(C) ALIEN'S BRIEF.—^The alien shall serve and file a 
brief in connection with a petition for judicial review not 
later than 40 days after the date on which the administra-
tive record is available, and may serve and file a reply 
brief not later than 14 days after service of the brief of 
the Attorney General, and the court may not extend these 
deadlines except upon motion for good cause shown. If 
an alien fails to file a brief within the time provided in 
this paragraph, the court shall dismiss the appeal unless 
a manifest injustice would result. 
"(4) SCOPE AND STANDARD FOR REVIEW.—Except as provided 
in paragraph (5)(B)— 
"(A) the court of appeals shall decide the petition only 
on the administrative record on which the order of removal 
is based, 
"(B) the administrative findings of fact are conclusive 
unless any reasonable adjudicator would be compelled to 
conclude to the contrary, 
"(C) a decision that an alien is not eligible for admis-
sion to the United States is conclusive unless manifestly 
contrary to law, and 
"(D) the Attorney General's discretionary judgment 
whether to grant relief under section 208(a) shall be conclu-
sive unless manifestly contrary to the law and an abuse 
of discretion. 
"(5) TREATMENT OF NATIONALITY CLAIMS.— 
"(A) COURT DETERMINATION IF NO ISSUE OF FACT.— 
If the petitioner claims to be a national of the United 
110 STAT. 3009-609 
PUBLIC LAW 104-208—SEPT. 30, 1996 
States and the court of appeals finds from the pleadings 
and affidavits that no genuine issue of material fact about 
the petitioner's nationality is presented, the court shall 
decide the nationality claim. 
"(B) TRANSFER IF ISSUE OF FACT.—If the petitioner 
claims to be a national of the United States and the court 
of appeals finds that a genuine issue of material fact about 
the petitioner's nationality is presented, the court shall 
transfer the proceeding to the district court of the United 
States for the judicial district in which the petitioner 
resides for a new hearing on the nationality claim and 
a decision on that claim as if an action had been brought 
in the district court under section 2201 of title 28, United 
States Code. 
"(C) LIMITATION ON DETERMINATION.—The petitioner 
may have such nationality claim decided only as provided 
in this paragraph. 
"(6) CONSOLIDATION WITH REVIEW OF MOTIONS TO REOPEN 
OR RECONSIDER.—^When a petitioner seeks review of an order 
under this section, any review sought of a motion to reopen 
or reconsider the order shall be consolidated with the review 
of the order. 
"(7) CHALLENGE TO VALIDITY OF ORDERS IN CERTAIN CRIMI-
NAL PROCEEDINGS.— 
"(A) IN GENERAL.—If the validity of an order of removal 
has not been judicially decided, a defendant in a criminal 
proceeding charged with violating section 243(a) may chal-
lenge the validity of the order in the criminal proceeding 
only by filing a separate motion before trial. The district 
court, without a jury, shall decide the motion before trial. 
"(B) 
CLAIMS OF UNITED STATES NATIONALITY.—If 
the 
defendant claims in the motion to be a national of the 
United States and the district court finds that— 
"(i) no genuine issue of material fact about the 
defendant's nationality is presented, the court shall 
decide the motion only on the administrative record 
on which the removal order is based and the adminis-
trative findings of fact are conclusive if supported by 
reasonable, substantial, and probative evidence on the 
record considered as a whole; or 
"(ii) a genuine issue of material fact about the 
defendant's nationality is presented, the court shall 
hold a new hearing on the nationality claim and decide 
that claim as if an action had been brought under 
section 2201 of title 28, United States Code. 
The defendant may have such nationality claim decided 
only as provided in this subparagraph. 
"(C) 
CONSEQUENCE OF INVALIDATION.—If the district 
court rules that the removal order is invalid, the court 
shall dismiss the indictment for violation of section 243(a). 
The United States Government may appeal the dismissal 
to the court of appeals for the appropriate circuit within 
30 days after the date of the dismissal. 
"(D) LIMITATION ON FILING PETITIONS FOR REVIEW.— 
The defendant in a criminal proceeding under section 
243(a) may not file a petition for review under subsection 
(a) during the criminal proceeding. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-610 
"(8) CONSTRUCTION.—This subsection— 
"(A) does not prevent the Attorney General, after a 
final order of removal has been issued, from detaining 
the alien under section 241(a); 
"(B) does not relieve the alien from complying with 
section 241(a)(4) and section 243(g); and 
"(C) does not require the Attorney General to defer 
removal of the alien. 
"(9) CONSOLIDATION OF QUESTIONS FOR JUDICIAL REVIEW.— 
Judicial review of all questions of law and fact, including 
interpretation and application of constitutional and statutory 
provisions, arising from any action taken or proceeding brought 
to remove an alien from the United States under this title 
shall be available only in judicial review of a final order under 
this section. 
"(c) REQUIREMENTS FOR PETITION.—^A petition for review or 
for habeas corpus of an order of removal— 
"(1) shall attach a copy of such order, and 
"(2) shall state whether a court has upheld the validity 
of the order, and, if so, shall state the name of the court, 
the date of the court's ruling, and the kind of proceeding. 
"(d) REVIEW OF FINAL ORDERS.—^A court may review a final 
order of removal only if— 
"(1) the alien has exhausted all administrative remedies 
available to the alien as of right, and 
"(2) another court has not decided the validity of the order, 
unless the reviewing court finds that the petition presents 
grounds that could not have been presented in the prior judicial 
proceeding or that the remedy provided by the prior proceeding 
was inadequate or ineffective to test the validity of the order. 
"(e) JUDICIAL REVIEW OF ORDERS UNDER SECTION 235(b)(1).— 
"(1) LIMITATIONS ON RELIEF.—^Without regard to the nature 
of the action or claim and without regard to the identity of 
the party or parties bringing the action, no court may— 
"(A) enter declaratory, injunctive, or other equitable 
relief in any action pertaining to an order to exclude an 
alien in accordance with section 235(b)(1) except as specifi-
cally authorized in a subsequent paragraph of this sub-
section, or 
"(B) certify a class under Rule 23 of the Federal Rules 
of Civil Procedure in any action for which judicial review 
is authorized under a subsequent paragraph of this sub-
section. 
"(2) HABEAS CORPUS PROCEEDINGS.—Judicial review of any 
determination made under section 235(b)(1) is available in 
habeas corpus proceedings, but shall be limited to determina-
tions of— 
"(A) whether the petitioner is an alien, 
"(B) whether the petitioner was ordered removed under 
such section, and 
"(C) whether the petitioner can prove by a preponder-
ance of the evidence that the petitioner is an alien lawfully 
admitted for permanent residence, has been admitted as 
a refugee under section 207, or has been granted asylum 
under section 208, such status not having been terminated, 
and is entitled to such further inquiry as prescribed by 
the Attorney General pursuant to section 235(b)(1)(C). 
110 STAT. 3009-611 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(3) CHALLENGES ON VALIDITY OF THE SYSTEM.— 
"(A) IN GENERAL.—Judicial review of determinations 
under section 235(b) and its implementation is available 
in an action instituted in the United States District Court 
for the District of Columbia, but shall be limited to deter-
minations of— 
"(i) whether such section, or any regulation issued 
" to implement such section, is constitutional; or 
"(ii) whether such a regulation, or a written policy 
directive, written policy guideline, or written procedure 
issued by or under the authority of the Attorney Gen-
eral to implement such section, is not consistent with 
applicable provisions of this title or is otherwise in 
violation of law. 
"(B) DEADLINES FOR BRINGING ACTIONS.—^Any action 
instituted under this paragraph must be filed no later 
than 60 days after the date the challenged section, regula-
tion, directive, guideline, or procedure described in clause 
(i) or (ii) of subparagraph (A) is first implemented. 
"(C) NOTICE OF APPEAL.—^A notice of appeal of an order 
issued by the District Court under this paragraph may 
be filed not later than 30 days after the date of issuance 
of such order. 
"(D) EXPEDITIOUS CONSIDERATION OF CASES.—It shall 
be the duty of the District Court, the Court of Appeals, 
and the Supreme Court of the United States to advance 
on the docket and to expedite to the greatest possible 
extent the disposition of any case considered under this 
paragraph. 
"(4) DECISION.—In any case where the court determines 
that the petitioner— 
"(A) is an alien who was not ordered removed under 
section 235(b)(1), or 
"(B) has demonstrated by a preponderance of the evi-
dence that the alien is an alien lawfully admitted for 
permanent residence, has been admitted as a refugee under 
section 207, or has been granted asylum under section 
208, the court may order no remedy or relief other than 
to require that the petitioner be provided a hearing in 
accordance with section 240. Any alien who is provided 
a hearing under section 240 pursuant to this paragraph 
may thereafter obtain judicial review of any resulting final 
order of removal pursuant to subsection (a)( 1). 
"(5) SCOPE OF INQUIRY.—In determining whether an alien 
has been ordered removed under section 235(b)(1), the court's 
inquiry shall be limited to whether such an order in fact was 
issued and whether it relates to the petitioner. There shall 
be no review of whether the alien is actually inadmissible 
or entitled to any relief from removal. 
"(f) LIMIT ON INJUNCTIVE RELIEF.— 
"(1) IN GENERAL.—Regardless of the nature of the action 
or claim or of the identity of the party or parties bringing 
the action, no court (other than the Supreme Court) shall 
have jurisdiction or authority to enjoin or restrain the operation 
of the provisions of chapter 4 of title II, as amended by the 
Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996, other than with respect to the application of such 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-612 
provisions to an individual alien against whom proceedings 
under such chapter have been initiated. 
"(2) PARTICULAR CASES.—^Notwithstanding any other provi-
sion of law, no court shall enjoin the removal of any alien 
pursuant to a final order under this section unless the alien 
shows by clear and convincing evidence that the entry or execu-
tion of such order is prohibited as a matter of law. 
"(g) EXCLUSIVE JURISDICTION.—^Except as provided in this sec-
tion and notwithstanding any other provision of law, no court 
shall have jurisdiction to hear any cause or claim by or on behalf 
of any alien arising from the decision or action by the Attorney 
General to commence proceedings, adjudicate cases, or execute 
removal orders against any alien under this Act.". 
(b) REPEAL OF SECTION 106.—Section 106 (8 U.S.C. 1105a) 
is repealed. 
(c) EFFECTIVE DATE.— 
8 use 1252 note. 
(1) IN GENERAL.—Subject to paragraph (2), the amendments 
made by subsections (a) Eind (b) shall apply to all final orders 
of deportation or removal and motions to reopen filed on or 
after the date of the enactment of this Act and subsection 
(g) of section 242 of the Immigration and Nationality Act (as 
added by subsection (a)), shsdl apply without limitation to 
claims arising from all past, pending, or future exclusion, depor-
tation, or removal proceedings under such Act. 
(2) LIMITATION,—Paragraph (1) shall not be considered to 
invalidate or to require the reconsideration of any judgment 
or order entered under section 106 of the Immigration and 
Nationality Act, as amended by section 440 of Public Law 
104-132. 
(d) TECHNICAL AMENDMENT.—Effective as if included in the 
enactment of the Antiterrorism and Effective Death Penalty Act 
of 1996 (Public Law 104-132), subsections (a), (c), (d), (g), and 
(h) of section 440 of such Act are amended by striking "any offense 
8 USC 1105a, 
covered by section 241(a)(2)(A)(ii) for which both predicate offenses 
1182,1252, 
are covered by section 241(a)(2)(A)(i)" and inserting "any offense 
1252a. 
covered by section 241(a)(2)(A)(ii) for which both predicate offenses 
are, without regard to the date of their commission, otherwise 
covered by section 241(a)(2)(A)(i)". 
SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED SECTION 243). 
(a) IN GENERAL.—Section 243 (8 U.S.C. 1253) is amended to 
read as follows: 
"PENALTIES RELATED TO REMOVAL 
"SEC. 243. (a) PENALTY FOR FAILURE TO DEPART.— 
"(1) IN GENERAL.—^Any alien against whom a final order 
of removal is outstanding by reason of being a member of 
any of the classes described in section 237(a), who— 
"(A) willfully fails or refuses to depart from the United 
States within a period of 90 days from the date of the 
final order of removal under administrative processes, or 
if judicial review is had, then from the date of the final 
order of the court, 
"(B) willfully fails or refuses to make timely application 
in good faith for travel or other documents necessary to 
the alien's departure. 
110 STAT. 3009-613 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(C) connives or conspires, or takes any other action, 
designed to prevent or hamper or with the purpose of 
preventing or hampering the alien's departure pursuant 
to such, or 
"(D) willfully fails or refuses to present himself or 
herself for removal at the time and place required by 
the Attorney General pursuant to such order, 
shall be fined under title 18, United States Code, or imprisoned 
not more than four years (or 10 years if the alien is a member 
of any of the classes described in paragraph (1)(E), (2), (3), 
or (4) of section 237(a)), or both. 
"(2) EXCEPTION.—It is not a violation of paragraph (1) 
to take any proper steps for the purpose of securing cancellation 
of or exemption from such order of removal or for the purpose 
of securing the alien's release from incarceration or custody. 
"(3) SUSPENSION.—^The court may for good cause suspend 
the sentence of an alien under this subsection and order the 
alien's release under such conditions as the court may prescribe. 
In determining whether good cause has been shown to justify 
releasing the alien, the court shall take into account such 
factors as— 
"(A) the age, health, and period of detention of the 
alien; 
"(B) the effect of the alien's release upon the national 
security and public peace or safety; 
"(C) the likelihood of the alien's resuming or following 
a course of conduct which made or would make the alien 
deportable; 
"(D) the character of the efforts made by such alien 
himself and by representatives of the country or countries 
to which the alien's removal is directed to expedite the 
alien's departure from the United States; 
"(E) the reason for the inability of the Government 
of the United States to secure passports, other travel docu-
ments, or removal facilities from the country or countries 
to which the alien has been ordered removed; and 
"(F) the eligibility of the alien for discretionary relief 
under the immigration laws. 
"(b) WILLFUL FAILURE TO COMPLY WITH TERMS OF RELEASE 
UNDER SUPERVISION.—^An alien who shall willfully fail to comply 
with regulations or requirements issued pursuant to section 
241(a)(3) or knowingly give false information in response to an 
inquiry under such section shall be fined not more than $1,000 
or imprisoned for not more than one year, or both. 
"(c) PENALTIES RELATING TO VESSELS AND AIRCRAFT.— 
"(1) CIVIL PENALTIES.— 
"(A) FAILURE TO CARRY OUT CERTAIN ORDERS.—If the 
Attorney General is satisfied that a person has violated 
subsection (d) or (e) of section 241, the person shall pay 
to the Commissioner the sum of $2,000 for each violation. 
"(B) 
FAILURE TO REMOVE ALIEN STOWAWAYS.—If 
the 
Attorney General is satisfied that a person has failed to 
remove an alien stowaway as required under section 
241(d)(2), the person shall pay to the Commissioner the 
sum of $5,000 for each alien stowaway not removed. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-614 
"(C) No COMPROMISE.—The Attorney General may not 
compromise the amount of such penalty under this para-
graph. 
"(2) CLEARING VESSELS AND AIRCRAFT.— 
"(A) 
CLEARANCE BEFORE DECISION ON LIABILITY.—^A 
vessel or aircraft may be granted clearance before a decision 
on liability is made under paragraph (1) only if a bond 
approved by the Attorney General or an amount sufficient 
to pay the civil penalty is deposited with the Commissioner. 
"(B) 
PROHIBITION 
ON 
CLEARANCE WHILE 
PENALTY 
UNPAID.—^A vessel or aircraft may not be granted clearance 
if a civil penalty imposed under paragraph (1) is not paid. 
"(d) DISCONTINUING GRANTING VISAS TO NATIONALS OF COUN-
TRY DENYING OR DELAYING ACCEPTING ALIEN.—On being notified 
by the Attorney General that the government of a foreign country 
denies or unreasonably delays accepting an alien who is a citizen, 
subject, national, or resident of that country after the Attorney 
General asks whether the government will accept the alien under 
this section, the Secretary of State shall order consular officers 
in that foreign country to discontinue granting immigrant visas 
or nonimmigrant visas, or both, to citizens, subjects, nationals, 
and residents of that country until the Attorney General notifies 
the Secretary that the country has accepted the alien.". 
SEC. 308. REDESIGNATION AND REORGA>fIZATION OF OTHER PROVI-
SIONS; ADDITIONAL CONFORMING AMENDMENTS. 
(a) CONFORMING AMENDMENT TO TABLE OF CONTENTS; OVER-
VIEW OF REORGANIZED CHAPTERS.—^The table of contents, as amend-
ed by sections 123(b) and 671(e)(1) of this division, is amended— 
(1) by striking the item relating to section 106, and 
(2) by striking the item relating to chapter 4 of title II 
and all that follows through the item relating to section 244A 
and inserting the following: 
"CHAPTER 4—INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, 
AND REMOVAL 
"Sec. 231. Lists of alien and citizen passei^ers arriving or departing; 
record of resident aliens and citizens leaving permanently for 
foreign country. 
"Sec. 232. Detention of aliens for physical and mental examination. 
"Sec. 233. Entry through or from foreign territory and adjacent islands; 
landing stations. 
"Sec. 234. Designation of ports of entry for aliens arriving by civil aircraft. 
"Sec. 235. Inspection by 
immigration officers; expedited removal 
of, 
inadmissible arriving aliens; referral for hearing. 
"Sec. 235A. Preinspection at foreign airports. 
"Sec. 236. Apprehension and detention of aliens not lawfully in the United 
States. 
"Sec. 237. General classes of deportable aliens. 
"Sec. 238. Expedited removal of aliens convicted of committing aggravated 
felonies. 
"Sec. 239. Initiation of removal proceedings. 
"Sec. 240. Removal proceedings. 
110 STAT. 3009-615 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"Sec. 240A. Cancellationof removal; adjustment of status. 
"Sec. 240B. Voluntary departure. 
"Sec. 240C. Records of admission. 
"Sec. 241. Detention and removal of aliens ordered removed. 
"Sec. 242. Judicialreviewof orders of removal. 
"Sec. 243. Penalties relating to removal 
"Sec. 244. Temporary protected status. 
"CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS". 
(b) REORGANIZATION OF OTHER PROVISIONS.—Chapters 4 and 
5 of title II are amended as follows: 
(1) AMENDING CHAPTER HEADING.—^Amend the heading for 
chapter 4 of title II to read as follows: 
"CHAPTER 4—INSPECTION, APPREHENSION, EXAMINATION, 
EXCLUSION, AND REMOVAL". 
(2) REDESIGNATING SECTION 232 AS SECTION 232(a).—Amend 
section 232 (8 U.S.C. 1222)— 
(A) by inserting "(a) DETENTION OF ALIENS.—" after 
"SEC. 232.", and 
(B) by amending the section heading to read as follows: 
"DETENTION OF ALIENS FOR PHYSICAL AND MENTAL EXAMINATION". 
(3) REDESIGNATING SECTION 234 AS SECTION 232(b).—Amend 
section 234 (8 U.S.C. 1224)— 
(A) by striking the heading, 
(B) by striking "SEC. 234. and inserting the following: 
"(b) PHYSICAL AND MENTAL EXAMINATION.—'\ and 
(C) by moving such provision to the end of section 
8 use 1222. 
232. 
(4) REDESIGNATING SECTION 238 AS SECTION 233.—Redesig-
8USC1223. 
nate section 238 (8 U.S.C. 1228) as section 233 and move 
the section to immediately follow section 232. 
(5) REDESIGNATING SECTION 242A AS SECTION 238.—^Redesig-
8 use 1228. 
nate section 242A as section 238, strike "DEPORTATION" in its 
heading and insert "REMOVAL", and move the section to imme-
diately follow section 237 (as redesignated by section 305(a)(2)). 
(6) STRIKING SECTION 242B.—Strike section 242B (8 U.S.C. 
1252b). 
(7) STRIKING SECTION 244 AND REDESIGNATING SECTION 244A 
AS SECTION 244.—Strike section 244 (8 U.S.C. 1254) and redesig-
8 use 1254a. 
nate section 244A as section 244. 
(8) AMENDING CHAPTER HEADING.—^Amend the heading for 
chapter 5 of title II to read as follows: 
"CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS". 
(c) ADDITIONAL CONFORMING AMENDMENTS.— 
(1) 
EXPEDITED PROCEDURES FOR AGGRAVATED FELONS 
(FORMER SECTION 242A).—Section 238 (which, previous to 
redesignation under section 308(b)(5) of this division, was sec-
tion 242A) is amended— 
(A) in subsection (a)(1), by striking "section 242" and 
inserting "section 240"; 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-616 
(B) in subsection (a)(2), by striking "section 242(a)(2)" 
and inserting "section 236(c)"; and 
(C) 
in 
subsection 
(b)(1), 
by 
striking 
"section 
241(a)(2)(A)(iii)" and inserting "section 237(a)(2)(A)(iii)". 
(2) TREATMENT OF CERTAIN HELPLESS ALIENS.— 
(A) CERTIFICATION OF HELPLESS ALIENS.—Section 232 
(8 U.S.C. 1222), as amended by section 308(b)(2) of this 
division, is further amended by adding at the end the 
following new subsection: 
"(c) 
CERTIFICATION OF CERTAIN 
HELPLESS ALIENS.—If 
an 
examining medical officer determines that an alien arriving in 
the United States is inadmissible, is helpless from sickness, mental 
or physical disability, or infancy, and is accompanied by another 
alien whose protection or guardianship may be required, the officer 
may certify such fact for purposes of applying section 212(a)(10XB) 
with respect to the other alien.". 
(B) GROUND OF INADMISSIBILITY FOR PROTECTION AND 
GUARDL\NSHIP OF ALIENS DENIED ADMISSION FOR HEALTH 
OR INFANCY.—Subparagraph (B) of section 212(a)(10) (8 
U.S.C. 1182(aX10)), as redesignated by section 301(a)(1) 
of this division, is amended to read as follows: 
"(B) 
GUARDIAN REQUIRED TO ACCOMPANY HELPLESS 
ALIEN.—Any alien— 
"(i) who is accompanjdng another alien who is 
inadmissible and who is certified to be helpless from 
sickness, mental or physical disability, or infancy 
pursuant to section 232(c), and 
"(ii) whose protection or guardianship is deter-
mined to be required by the alien described in clause 
(i), 
is inadmissible.". 
(3) CONTINGENT CONSIDERATION IN RELATION TO REMOVAL 
OF ALIENS.—Section 273(a) (8 U.S.C. 1323(a)) is amended— 
(A) by inserting "(1)" afler "(a)", and 
(B) by adding at the end the following new psiragraph: 
"(2) It is unlawful for £in owner, agent, master, commanding 
officer, person in charge, purser, or consignee of a vessel or aircraft 
who is bringing an alien (except an alien crewmember) to the 
United States to take any consideration to be kept or returned 
contingent on whether an alien is admitted to, or ordered removed 
from, the United States.". 
(4) CLARIFICATION.—(A) Section 238(a)(1), which, previous 
to redesignation under section 308(b)(5) of this division, was 
section 242A(a)(l), is amended by adding at the end the follow- 
8 USC1228. 
ing: "Nothing in this section shall be construed to create any 
substantive or procedural right or benefit that is legally enforce-
able by any party against the United States or its agencies 
or officers or any other person.". 
(B) Section 225 of the Immigration and Nationality Tech-
nical Corrections Act of 1994 (Public Law 103-416) is amended 
8 USC llOl note, 
by striking "and nothing in" and all that follows up to "shall", 
(d) 
ADDITIONAL 
CONFORMING 
AMENDMENTS 
RELATING TO 
EXCLUSION AND INADMISSIBILITY.— 
(1) SECTION 212.—Section 212 (8 U.S;C. 1182(a)) is amend-
ed— 
(A) in the heading, by striking "EXCLUDED FROM" and 
inserting "INELIGIBLE FOR"; 
110 STAT. 3009-617 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(B) in the matter in subsection (a) before paragraph 
(1), by striking all that follows "(a)" and inserting the 
following: "CLASSES OF ALIENS INELIGIBLE FOR VISAS OR 
ADMISSION.—Except as otherwise provided in this Act, 
aliens who are inadmissible under the following paragraphs 
are ineligible to receive visas and ineligible to be admitted 
to the United States:"; 
(C) in subsection (a), by striking "is excludable" and 
inserting "is inadmissible" each place it appears; 
(D) in subsections (a)(5)(C) (before redesignation by 
section 343(c)(1) of this division), (d)(1), and (k), by striking 
"exclusion" and inserting "inadmissibility"; 
(E) in subsections (b), (d)(3), (h)(l)(A)(i), and (k), by 
striking "excludable" each place it appears and inserting 
"inadmissible"; 
(F) in subsection (b)(2), by striking "or ineligible for 
entry"; 
(G) in subsection (d)(7), by striking "excluded from" 
and inserting "denied"; and 
(H) in subsection (h)(1)(B), by striking "exclusion" and 
inserting "denial of admission". 
(2) SECTION 241.—Section 241 (8 U.S.C. 1251), before 
redesignation as section 237 by section 305(a)(2) of this division, 
is amended— 
(A) in subsection (a)(1)(H), by striking "excludable" 
and inserting "inadmissible"; 
(B) in subsection (a)(4)(C)(ii), by striking "excludability" 
and inserting "inadmissibility"; 
(C) in subsection (c), by striking "exclusion" and insert-
ing "inadmissibility"; and 
(D) effective upon enactment of this Act, by striking 
subsection 
(d), as 
added 
by section 
414(a) 
of the 
Antiterrorism and Effective Death Penalty Act of 1996 
(P.L. 104-132). 
(3) OTHER GENERAL REFERENCES.—The following provisions 
are amended by striking "excludability" and "excludable" each 
place 
each 
appears 
and 
inserting 
"inadmissibility" 
and 
"inadmissible", respectively: 
8 use 1101, 
(A) Sections 101(f)(3), 213, 234 (before redesignatipn 
1183,1224,1251, 
by section 308(b) of this division), 241(a)(1) 
(before 
1322,1327,1356. 
redesignation by section 305(a)(2) of this division), 272(a), 
277, 286(h)(2)(A)(v), and 286(h)(2)(A)(vi). 
8 use 1182 note. 
(B) Section 601(c) of the Immigration Act of 1990. 
8 use 1182 note. 
(C) Section 128 of the Foreign Relations Authorization 
Act, Fiscal Years 1992 and 1993 (Public Law 102-138). 
(D) Section 1073 of the National Defense Authorization 
Act for Fiscal Year 1995 (Public Law 103-337). 
8 use 1101 note. 
(E) Section 221 of the Immigration and Nationality 
Technical Corrections Act of 1994 (Public Law 103-416). 
(4) RELATED TERMS.— 
(A) Section 101(a)(17) (8 U.S.C. 1101(a)(17)) is amended 
by striking "or expulsion" and inserting "expulsion, or 
removal". 
(B) Section 102 (8 U.S.C. 1102) is amended by striking 
"exclusion or deportation" and inserting "removal". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-618 
(C) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended 
by striking "been excluded or deported" and inserting "not 
been admitted or have been removed". 
(D) Section 206 (8 U.S.C. 1156) is amended by striking 
"excluded from admission to the United States and 
deported" and inserting "denied admission to the United 
States and removed". 
(E) Section 216(f) (8 U.S.C. 1186a) is amended by strik-
ing "exclusion" and inserting "inadmissibility". 
(F) Section 217 (8 U.S.C. 1187) is amended by striking 
"excluded from admission" and inserting "denied admission 
at the time of arrival" each place it appears. 
(G) Section 221(f) (8 U.S.C. 1201) is amended by strik-
ing "exclude" and inserting "deny admission to". 
(H) Section 232(a) (8 U.S.C. 1222(a)), as redesignated 
by subsection (b)(2), is amended by striking "excluded by" 
and "the excluded classes" and inserting "inadmissible 
under" and "inadmissible classes", respectively. 
(I)(i) Section 272 (8 U.S.C. 1322) is amended— 
(I) by striking "EXCLUSION" in the heading and 
inserting "DENIAL OF ADMISSION", 
(II) in subsection (a), by striking "excluding condi-
tion" and inserting "condition causing inadmissibility", 
and 
(III) in subsection (c), by striking "excluding". 
(ii) The item in the table of contents relating to such 
section is amended by striking "exclusion" and inserting 
"denial of admission". 
(J) Section 276(a) (8 U.S.C. 1326(a)) is amended— 
(i) in paragraph (1), as amended by section 324(a) 
of this division— 
(I) by striking "arrested and deported, has 
been excluded and deported," and inserting "denied 
admission, excluded, deported, or removed", and 
(II) by striking "exclusion or deportation" and 
inserting "exclusion, deportation, or removal"; and 
(ii) in paragraph (2)(B), by striking "excluded and 
deported" 
and 
inserting 
"denied 
admission 
and 
removed". 
(K) Section 286(h)(2)(A)(vi) (8 U.S.C. 1356(h)(2)(A)(vi)) 
is amended by striking "exclusion" each place it appears 
and inserting "removal". 
(L) Section 287 (8 U.S.C. 1357) is amended— 
(i) in subsection (a), by striking "or expulsion" 
each place it appears and inserting "expulsion, or 
removal", and 
(ii) in subsection (c), by striking "exclusion from" 
and inserting "denial of admission to". 
(M) Section 290(a) (8 U.S.C. 1360(a)) is amended by 
striking "admitted to the United States, or excluded there-
from" each place it appears and inserting "admitted or 
denied admission to the United States". 
(N) Section 291 (8 U.S.C. 1361) is amended by striking 
"subject to exclusion" and inserting "inadmissible" each 
place it appears. 
110 STAT. 3009-619 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(0) Section 292 (8 U.S.C. 1362) is amended by striking 
"exclusion or deportation" each place it appears and insert-
ing "removal". 
(P) Section 360 (8 U.S.C. 1503) is amended— 
(i) in subsection (a), by striking "exclusion" each 
place it appears and inserting "removal", and 
(ii) in subsection (c), by striking "excluded from" 
and inserting "denied". 
(Q) Section 507(b)(2)(D) (8 U.S.C. 1537(b)(2)(D)) is 
amended by striking "exclusion because such alien is 
excludable" and inserting "removal because such alien is 
inadmissible". 
8 use 1255a 
(R) Section 301(a)(1) of the Immigration Act of 1990 
note. 
is amended by striking "exclusion" and inserting "inadmis-
sibility". 
8 use 1522 note. 
(S) Section 401(c) of the Refugee Act of 1980 is amend-
ed by striking "deportation or exclusion" and inserting 
"removal". 
(T) Section 501(e)(2) of the Refugee Education Assist-
8 use 1522 note. 
ance Act of 1980 (Public Law 96-422) is amended— 
(i) by striking "exclusion or deportation" each place 
it appears and inserting "removal", and 
(ii) by striking "deportation or exclusion" each 
place it appears and inserting "removsJ". 
(U) Section 4113(c) of title 18, United States Code, 
is amended by striking "exclusion and deportation" and 
inserting "removal". 
(5) REPEAL OF SUPERSEDED PROVISION.—Effective as of the 
date of the enactment of the Antiterrorism and Effective Death 
8 use 1225, 
Penalty Act of 1996, section 422 of such Act is repealed and 
1225 note, 1227. 
the Immigration and Nationality Act shall be applied as if 
such section had not been enacted. 
(e) REVISION OF TERMINOLOGY RELATING TO DEPORTATION.— 
(1) Each of the following is amended by striking "deporta-
tion" each place it appears and inserting "removal": 
(A) Subparagraphs (A)(iii)(II), (A)(iv)(II), and (B)(iii)(II) 
of section 204(a)(1) (8 U.S.C. 1154(a)(1)). 
(B) Section 212(d)(1) (8 U.S.C. 1182(d)(1)). 
(C) Section 212(d)(ll) (8 U.S.C. 1182(d)(ll)). 
(D) Section 214(k)(4)(C) (8 U.S.C. 1184(k)(4)(C)), as 
redesignated by section 671(a)(3)(A) of this division. 
(E) Section 241(a)(1)(H) (8 U.S.C. 1251(a)(1)(H)), before 
redesignation as section 237 by section 305(a)(2) of this 
division. 
(F) Section 242A (8 U.S.C. 1252a), before redesignation 
as section 238 by subsection (b)(5). 
(G) Subsections (a)(3) and (b)(5)(B) of section 244A 
(8 U.S.C. 1254a), before redesignation as section 244 by 
subsection (b)(7). 
(H) Section 246(a) (8 U.S.C. 1256(a)). 
(1) Section 254 (8 U.S.C. 1284). 
(J) Section 263(a)(4) (8 U.S.C. 1303(a)(4)). 
(K) Section 276(b) (8 U.S.C. 1326(b)). 
(L) Section 286(h)(2)(A)(v) (8 U.S.C. 1356(h)(2)(A)(v)). 
(M) Section 287(g) (8 U.S.C. 1357(g)) (as added by 
section 122 of this division). 
(N) Section 291 (8 U.S.C. 1361). 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-620 
(0) Section 318 (8 U.S.C. 1429). 
(P) Section 130005(a) of the Violent Crime Control 
and Law Enforcement Act of 1994 (Public Law 103-322). 8 USC 1158 note. 
(Q) Section 4113(b) of title 18, United States Code. 
(2) Each of the following is amended by striking "deported" 
each place it appears and inserting "removed": 
(A) Section 212(d)(7) (8 U.S.C. 1182(d)(7)). 
(B) Section 214(d) (8 U.S.C. 1184(d)). 
(C) Section 241(a) (8 U.S.C. 1251(a)), before redesigna-
tion as section 237 by section 305(a)(2) of this division. 
(D) 
Section 
242A(c)(2)(D)(iv) 
(8 
U.S.C. 
1252a(c)(2)(D)(iv)), as amended by section 671(b)(13) of this 
division but before redesignation as section 238 by sub-
section (b)(5). 
(E) Section 252(b) (8 U.S.C. 1282(b)). 
(F) Section 254 (8 U.S.C. 1284). 
(G) Subsections (b) and (c) of section 266 (8 U.S.C. 
1306). 
(H) Section 301(a)(1) of the Immigration Act of 1990. 8 USC 1225a 
(1) Section 4113 of title 18, United States Code. 
note. 
(3) Section 101(g) (8 U.S.C. 1101(g)) is amended by insert-
ing "or removed" after "deported" each place it appears. 
(4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by 
striking "suspension of deportation" and inserting "cancellation 
of removal". 
(5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) is amended 
by striking "deportation is suspended" and inserting "removal 
(6) Section 212(1)(2)(B) (8 U.S.C. 1182(1)(2)(B)) is amended 
by striking "deportation against" and inserting "removal of. 
(7) Subsections (b)(2), (c)(2)(B), (c)(3)(D), (c)(4)(A), and 
(d)(2)(C) of section 216 (8 U.S.C. 1186a) are each amended 
by 
striking 
"DEPORTATION", "deportation", 
"deport", 
and 
"deported" each place each appears and inserting "REMOVAL", 
"removal", "remove", and "removed", respectively. 
(8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and (d)(2)(C) of 
section 216A (8 U.S.C. 1186b) are each amended by striking 
"DEPORTATION", "deportation", "deport", and "deported" and 
inserting 
"REMOVAL", "removal", "remove", and "removed", 
respectively. 
(9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is amended by 
striking "deportation against" and inserting "removal of. 
(10) Section 242A (8 U.S.C. 1252a), before redesignation 
as section 238 by subsection (b)(6), is amended, in the headings 
to various subdivisions, by striking "DEPORTATION" and "DEPOR-
TATION" and inserting "REMOVAL" and "REMOVAL", respectively. 
(11) Section 244A(a)(l)(A) (8 U.S.C. 1254a(a)(l)(A)), before 
redesignation as section 244 by subsection (b)(8), is amended— 
(A) in subsection (a)(1)(A), by striking "deport" and 
inserting "remove", and 
(B) in subsection (e), by striking "SUSPENSION OF 
DEPORTATION" and inserting "CANCELLATION OF REMOVAL". 
(12) Section 254 (8 U.S.C. 1284) is amended by striking 
"deport" each place it appears and inserting "remove". 
(13) Section 273(d) ^8 U.S.C. 1323(d)) is repealed. 
(14)(A) Section 276 (8 U.S.C. 1326) is amended by striking 
"DEPORTED" and inserting "REMOVED". 
110 STAT. 3009-621 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(B) The item in the table of contents relating to such 
section is amended by striking "deported" and inserting 
"removed". 
(15) Section 318 (8 U.S.C. 1429) is amended by striking 
"suspending" and inserting "canceling". 
8 use 1255a 
(16) Section 301(a) of the Immigration Act of 1990 is 
note. 
amended by striking "DEPORTATION" and inserting "REMOVAL". 
(17) The heading of section 130005 of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-
8 use 1158 note. 
322) is amended by striking "DEPORTATION" and inserting 
"REMOVAL". 
(18) Section 9 of the Peace Corps Act (22 U.S.C. 2508) 
is amended by striking "deported" sind all that follows through 
"Deportation" and inserting "removed pursuant to chapter 4 
of title II of the Immigration and Nationality Act". 
(19) Section 8(c) of the Foreign Agents Registration Act 
(22 U.S.C. 618(c)) is amended by striking "deportation" and 
all that follows and inserting "removal pursuant to chapter 
4 of title II of the Immigration and Nationality Act.". 
(f) REVISION OF REFERENCES TO ENTRY.— 
(1) The following provisions are amended by striking 
"entry" and inserting "admission" each place it appears: 
(A) Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)). 
(B) Section 101(a)(30) (8 U.S.C. 1101(a)(30)). 
(C) Section 212(a)(2)(D) (8 U.S.C. 1182(a)(2)(D)). 
(D) Section 212(a)(6)(C)(i) (8 U.S.C. 1182(a)(6)(C)(i)). 
(E) Section 212(h)(l)(A)(i) (8 U.S.C. 1182(h)(l)(A)(i)). 
(F) Section 212(j)(l)(D) (8 U.S.C. 1182(j)(l)(D)). 
(G) Section 214(c)(2)(A) (8 U.S.C. 1184(c)(2)(A)). 
(H) Section 214(d) (8 U.S.C. 1184(d)). 
(I) Section 216(b)(l)(A)(i) (8 U.S.C. 1186a(b)(l)(A)(i)). 
(J) 
Section 
216(d)(l)(A)(i)(III) 
(8 
U.S.C. 
1186a(d)(l)(A)(i)(III)). 
(K) Subsection (b) of section 240 (8 U.S.C. 1230), before 
redesignation as section 240C by section 304(a)(2) of this 
division. 
(L) Subsection (a)(1)(G) of section 241 (8 U.S.C. 1251), 
before redesignation as section 237 by section 305(a)(2) 
of this division. 
(M) Subsection (a)(1)(H) of section 241 (8 U.S.C. 1251), 
before redesignation as section 237 by section 305(a)(2) 
of this division, other than the last time it appears. 
(N) Paragraphs (2) and (4) of subsection (a) of section 
241 (8 U.S.C. 1251), before redesignation as section 237 
by section 305(a)(2) of this division. 
(O) Section 245(e)(3) (8 U.S.C. 1255(e)(3)). 
(P) Section 247(a) (8 U.S.C. 1257(a)). 
8 use 1182 note. 
(Q) Section 601(c)(2) of the Immigration Act of 1990. 
(2) The following provisions are amended by striking 
"enter" and inserting %e admitted": 
(A) Section 204(e) (8 U.S.C. 1154(e)). 
(B) Section 221(h) (8 U.S.C. 1201(h)). 
(C) Section 245(e)(2) (8 U.S.C. 1255(e)(2)). 
(3) The following provisions are amended by striking 
"enters" and inserting "is admitted to": 
8 use 1182. 
(A) Section 212(j)(l)(D)(ii) (8 U.S.C. 1154(e)). 
(B) Section 214(c)(5)(B) (8 U.S.C. 1184(c)(5)(B)). 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-622 
(4) Subsection (a) of section 238 (8 U.S.C. 1228), before 
redesignation as section 233 by section 308(b)(4) of this division, 
is amended by striking "entry and inspection" and inserting 
"inspection and admission". 
(5) Subsection (a)(l)(H)(ii) of section 241 (8 U.S.C. 1251), 
before redesignation as section 237 by section 305(a)(2) of this 
division, is amended by striking "at entry". 
(6) Section 7 of the Central IntelUgence Agency Act of 
1949 (50 U.S.C. 403h) is amended by striking "that the entry", 
"given entry into", and "entering" and inserting "that the admis-
sion", "admitted to", and "admitted to". 
(7) Section 4 of the Atomic Weapons and Special Nuclear 
Materials Rewards Act (50 U.S.C. 47c) is amended by striking 
"entry" and inserting "admission". 
(g) CONFORMING REFERENCES TO REORGANIZED SECTIONS.— 
(1) REFERENCES TO SECTIONS 232, 234, 238, 239, 240, 241, 
8uscii82, 
242A, AND 244A.—^Any reference in law in effect on the day 
1221,1224 note, 
before the date of the enactment of this Act to section 232, 
i^fp^'o|f„^^„tP 
234, 238, 239, 240, 241, 242A, or 244A of the Immigration 
1321, isse! 1364, 
and Nationality Act (or a subdivision of such section) is deemed, 
1531; 42 USC 
as of the title III-A effective date, to refer to section 232(a), 402. 
232(b), 233, 234, 234A, 237, 238, or 244 of such Act (or the 
corresponding subdivision of such section), as redesignated by 
this subtitle. Any reference in law to section 241 (or a subdivi-
sion of such section) of the Immigration and Nationality Act 
in an amendment made by a subsequent subtitle of this title 
is deemed a reference (as of the title III-A effective date) 
to section 237 (or the corresponding subdivision of such section), 
as redesignated by this subtitle. 
(2) REFERENCES TO SECTION 106.— 
(A) Sections 242A(b)(3) and 242A(c)(3)(A)(ii) (8 U.S.C. 
1252a(b)(3), 1252a(c)(3)(A)(ii)), as amended by section 
671(b)(13) of this division but before redesignation as sec-
tion 238 by subsection (b)(5), are each amended by striking 
"106" and inserting "242". 
(B) Sections 210(e)(3)(A) and 245A(f)(4)(A) (8 U.S.C. 
1160(e)(3)(A), 1255a(f)(4)(A)) are amended by inserting "(as 
in effect before October 1, 1996)" after "106". 
(C) 
Section 
242A(c)(3)(A)(iii) 
(8 
U.S.C. 
1252a(c)(3)(A)(iii)), as amended by section 671(b)(13) of this 
division but before redesignation as section 238 by sub-
section (b)(5), is amended by striking "106(a)(1)" and insert-
ing "242(b)(1)". 
(3) REFERENCES TO SECTION 236.— 
(A) Sections 205 and 209(a)(1) (8 U.S.C. 1155, 
1159(a)(1)) are each amended by striking "236" and insert-
ing "240". 
(B) Section 4113(c) of title 18, United States Code, 
is amended by striking "1226 of title 8, United States 
Code" and inserting "240 of the Immigration and National-
ity Act". 
(4) REFERENCES TO SECTION 237.— 
(A) Section 209(a)(1) (8 U.S.C. 1159(a)(1)) is amended 
by striking "237" and inserting "241". 
(B) Section 212(d)(7) (8 U.S.C. 1182(d)(7)) is amended 
by striking "237(a)" and inserting "241(c)". 
110 STAT. 3009-623 
PUBLIC LAW 104-208—SEPT. 30, 1996 
8 use 1252 note. 
8 use 1252 note. 
8 use 125? note. 
8 use 1254a 
note. 
8 use 1254b 
note. 
8 use 1253 note. 
(C) Section 280(a) (8 U.S.C. 1330(a)) is amended by 
striking "237, 239, 243" and inserting "234, 243(c)(2)''. 
(5) REFERENCES TO SECTION 242.— 
(A)(i) Sections 214(d), 252(b), and 287(f)(1) (8 U.S.C. 
1184(d), 1282(b), 1357(f)(1)) are each amended by striking 
"242" and inserting "240". 
(ii) Subsection (c)(4) of section 242A (8 U.S.C. 1252a), 
as amended by section 671(b)(13) of this division but before 
redesignation as section 238 by subsection (b)(5), are each 
amended by striking "242" and inserting "240". 
(iii) Section 245A(a)(l)(B) (8 U.S.C. 1255a(a)(l)(B)) is 
amended by inserting "(as in effect before October 1, 1996)" 
after "242". 
(iv) Section 4113 of title 18, United States Code, is 
amended— 
(I) in subsection (a), by striking "section 1252(b) 
or section 1254(e) of title 8, United States Code," and 
inserting "section 240B of the Immigration and 
Nationality Act"; and 
(II) in subsection (b), by striking "section 1252 
of title 8, United States Code," and inserting "section 
240 of the Immigration and Nationality Act". 
(B) Section 130002(a) of Public Law 103-322, as 
amended by section 345 of this division, is amended by 
striking "242(a)(3)(A)" and inserting "236(d)". 
(C) Section 242A(b)(l) (8 U.S.C. 1252a(b)(l)), before 
redesignation as section 238 by section 308(b)(5) of this 
division, is amended by striking "242(b)" and inserting 
"240". 
(D) 
Section 
242A(c)(2)(D)(ii) 
(8 
U.S.C. 
1252a(c)(2)(D)(ii)), as amended by section 671(b)(13) of this 
division but before redesignation as section 238 by sub-
section (b)(5), is amended by striking "242(b)" and inserting 
"240". 
(E) Section 1821(e) of title 28, United States Code, 
is amended by striking "242(b)" and inserting "240". 
(F) Section 130007(a) of Public Law 103-322 is amend-
ed by striking "242(i)" and inserting "239(d)". 
(G) Section 20301(c) of Public Law 103-322 is amended 
by striking "242(j)(5)" and "2420')" and inserting "241(h)(5)" 
and "241(h)", respectively. 
(6) R E F E R E N C E S TO SECTION 242B.— 
(A) Section 303(d)(2) of the Immigration Act of 1990 
is amended by striking "242B" and inserting "240(b)(5)". 
(B) Section 545(g)(1)(B) of the Immigration Act of 1990 
is 
amended 
by striking 
"242B(a)(4)" and 
inserting 
"239(a)(4)". 
(7) R E F E R E N C E S TO SECTION 243.— 
(A) Section 214(d) (8 U.S.C. 1184(d)) is amended by 
striking "243" and inserting "241". 
(B) Section 504(k)(2) (8 U.S.C. 1534(k)(2)) is amended 
by striking "withholding of deportation under section 
243(h)" and inserting '
T
D
y withholding of removal under 
section 241(b)(3)". 
(C)(i) Section 315(c) of the Immigration Reform and 
Control Act of 1986 is amended by striking "243(g)" and 
"1253(g)"and inserting "243(d)" and "1253(d)" respectively. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-624 
(ii) Section 702(b) of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1988 is amended by striking "243(g)" 8 USC 1201 note. 
and inserting "243(d)". 
(iii) Section 903(b) of PubHc Law 100-204 is amended 
8 USC 1201 note. 
by striking "243(g)" and inserting "243(d)". 
(D)(i) Section 6(f)(2)(F) of the Food Stamp Act of 1977 
(7 U.S.C. 2015(f)(2)(F)) is amended by striking "243(h)" 
and inserting "241(b)(3)". 
(ii) Section 214(a)(5) of the Housing and Community 
Development Act of 1980 (42 U.S.C. 1436a(a)(5)) is amend-
ed by striking "243(h)" and inserting "241(b)(3)". 
(E)(i) Subsection (c)(2)(B)(ii) of section 244A (8 U.S.C. 
1254a), before redesignated as section 244 by section 
308(b)(7), is amended by striking "243(h)(2)" and inserting 
"208(b)(2)(A)". 
(ii) Section 301(e)(2) of the Immigration Act of 1990 8 USC 1255a 
is 
amended 
by 
striking 
"243(h)(2)" 
and 
inserting note. 
"208(b)(2)(A)". 
(F) Section 316(f) (8 U.S.C. 1427(f)) is amended by 
striking "subparagraphs (A) through (D) of paragraph 
243(h)(2)" and inserting "clauses (i) through (v) of section 
208(b)(2)(A)". 
(8) REFERENCES TO SECTION 244.— 
(A)(i) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) and 
subsection (e) of section 244A (8 U.S.C. 1254a), before 
redesignation as section 244 by section 308(b)(7) of this 
division, are each amended by striking "244(a)" and insert-
ing "240A(a)". 
(ii) Section 304(c)(1)(B) of the Miscellaneous and Tech-
nical Immigration and Naturalization Amendments of 1991 
(Public Law 102-232) is amended by striking "244(a)" and 
8 USC I254a 
inserting "240A(a)". 
note. 
(B) Section 504(k)(3) (8 U.S.C. 1534(k)(3)) is amended 
by striking "suspension of deportation under subsection 
(a) or (e) of section 244" and inserting "cancellation of 
removal under section 240A". 
(C) Section 304(c)(1)(B) of the Miscellaneous and Tech-
nical Immigration and Naturalization Amendments of 1991 
(Public Law 102-232) is amended by striking "244(b)(2)" 8 USC 1254a 
and inserting "240A(b)(2)". 
note. 
(D) Section 364(a)(2) of this division is amended by 8 USC 1367. 
striking "244(a)(3)" and inserting "240A(a)(3)". 
(E) Section 431(c)(l)(B)(iii) of the Personal Responsibil-
ity and Work Opportunity Reconciliation Act of 1996, as 
added by section 501 of this division, is amended by striking 8 USC 1641. 
"suspension of deportation and adjustment of status pursu-
ant to section 244(a)(3) of such Act" and inserting "cancella-
tion of removal under section 240A of such Act". 
(9) REFERENCES TO CHAPTER 5.— 
(A) Sections 266(b), 266(c), and 291 (8 U.S.C. 1306(b), 
1306(c), 1361) are each amended by striking "chapter 5" 
and inserting "chapter 4". 
(B) Section 6(b) of the Act of August 1, 1956 (50 U.S.C. 
855(b)) is amended by striking "chapter 5, title II, of the 
110 STAT. 3009-625 
PUBLIC LAW 104-208—SEPT. 30, 1996 
8 use 1182. 
8 use 1255. 
8 use 1259. 
8 use 1324c. 
8 use 1252 note. 
8 use 1368. 
8 use 1105a, 
1182,1252, 
1252a. 
8 use 1101 note. 
Immigration and Nationality Act (66 Stat. 163)" and insert-
ing "chapter 4 of title II of the Immigration and Nationality 
Act". 
(10) MISCELLANEOUS CROss-REFERENeE CORRECTIONS FOR 
NEWLY ADDED PROVISIONS.— 
(A) Section 212(h), as amended by section 301(h) of 
this division, is amended by striking "section 212(c)" and 
inserting "paragraphs (1) and (2) of section 240A(a)". 
(B) Section 245(c)(6), as amended by section 332(d) 
of this division, is amended by striking "241(a)(4)(B)" and 
inserting "237(a)(4)(B)". 
(C) Section 249(d), as amended by section 332(e) of 
this division, is amended by striking "241(a)(4)(B)" and 
inserting "237(a)(4)(B)". 
(D) Section 274C(d)(7), as added by section 212(d) of 
this division, is amended by striking "withholding of depor-
tation under section 243(h)" and inserting "withholding 
of removal under section 241(b)(3)". 
(E) Section 3563(b)(21) of title 18, United States Code, 
as inserted by section 374(b) of this division, is amended 
by striking "242A(d)(5)" and inserting "238(d)(5)". 
(F) Section 130007(a) of the Violent Crime Control 
and Law Enforcement Act of 1994 (Public Law 103-322), 
as amended by section 671(a)(6) of this division, is amended 
by striking "242A(a)(3)" and inserting "238(a)(3)". 
(G) Section 386(b) of this division is amended by strik-
ing "excludable" and "EXCLUDABLE" and inserting "inadmis-
sible" and "INADMISSIBLE", respectively, each place each 
appears. 
(H) Subsections (a), (c), (d), (g), and (h) of section 
440 of the Antiterrorism and Effective Death Penalty Act 
of 1996 (Public Law 104-132), as amended by section 306(d) 
of this division, are amended by striking "241(a)(2)(A)(ii)" 
and "241(a)(2)(A)(i)" and inserting "237(a)(2)(A)(ii)" and 
"237(a)(2)(A)(i)", respectively. 
SEC. 309. EFFECTIVE DATES; TRANSITION. 
(a) IN GENERAL.—Except as provided in this section and sec-
tions 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5) of this division, 
this subtitle and the amendments made by this subtitle shall take 
effect on the first day of the first month beginning more than 
180 days after the date of the enactment of this Act (in this 
title referred to as the "title III-A effective date"). 
(b) PROMULGATION OF REGULATIONS.—^The Attorney General 
shall first promulgate regulations to carry out this subtitle by 
not later than 30 days before the title III-A effective date. 
(c) TRANSITION FOR ALIENS IN PROCEEDINGS.— 
(1) GENERAL RULE THAT NEW RULES DO NOT APPLY.—Subject 
to the succeeding provisions of this subsection, in the case 
of an alien who is in exclusion or deportation proceedings 
as of the title III-A effective date— 
(A) the amendments made by this subtitle shall not 
apply, and 
(B) the proceedings (including judicial review thereof) 
shall continue to be conducted without regard to such 
amendments. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-626 
(2) ATTORNEY GENERAL OPTION TO ELECT TO APPLY NEW 
PROCEDURES.—In a case described in paragraph (1) in which 
an evidentiary hearing under section 236 or 242 and 242B 
of the Immigration and Nationality Act has not commenced 
as of the title III-A effective date, the Attorney General may 
elect to proceed under chapter 4 of title II of such Act (as 
amended by this subtitle). The Attorney General shall provide 
notice of such election to the alien involved not later than 
30 days before the date any evidentiary hearing is commenced. 
If the Attorney General makes such election, the notice of 
hearing provided to the alien under section 235 or 242(a) of 
such Act shall be valid as if provided under section 239 of 
such Act (as amended by this subtitle) to confer jurisdiction 
on the immigration judge. 
(3) ATTORNEY GENERAL OPTION TO TERMINATE AND REINITI-
ATE PROCEEDINGS.—In the case described in paragraph (1), 
the Attorney General may elect to terminate proceedings in 
which there has not been a final administrative decision and 
to reinitiate proceedings under chapter 4 of title II the Immigra-
tion and Nationality Act (as amended by this subtitle). Any 
determination in the terminated proceeding shall not be binding 
in the reinitiated proceeding. 
(4) TRANSITIONAL CHANGES IN JUDICIAL REVIEW.—In the 
case described in paragraph (1) in which a final order of exclu-
sion or deportation is entered more than 30 days after the 
date of the enactment of this Act, notwithstanding any provision 
of section 106 of the Immigration and Nationality Act (as in 
effect as of the date of the enactment of this Act) to the 
contrary-— 
(A) in the case of judicial review of a final order of 
exclusion, subsection (b) of such section shall not apply 
and the action for judicial review shall be governed by 
the provisions of subsections (a) and (c) of such in the 
same manner as they apply to judicial review of orders 
of deportation; 
(B) a court may not order the taking of additional 
evidence under section 2347(c) of title 28, United States 
Code; 
(C) the petition for judicial review must be filed not 
later than 30 days after the date of the final order of 
exclusion or deportation; 
(D) the petition for review shall be filed with the court 
of appeals for the judicial circuit in which the administra-
tive proceedings before the special inquiry officer or 
immigration judge were completed; 
(E) there shall be no appeal of any discretionary deci-
sion under section 212(c), 212(h), 212(i), 244, or 245 of 
the Immigration and Nationality Act (as in effect as of 
the date of the enactment of this Act); 
(F) service of the petition for review shall not stay 
the deportation of an alien pending the court's decision 
on the petition, unless the court orders otherwise; and 
(G) there shall be no appeal permitted in the case 
of an alien who is inadmissible or deportable by reason 
of having committed a criminal offense covered in section 
212(a)(2) or section 241(a)(2)(A)(iii), (B), (C), or (D) of the 
Immigration and Nationality Act (as in effect as of the 
110 STAT. 3009-627 
PUBLIC LAW 104-208—SEPT. 30, 1996 
date of the enactment of this Act), or any offense covered 
by section 241(a)(2)(A)(ii) of such Act (as in effect on such 
date) for which both predicate offenses are, without regard 
to their date of commission, otherwise covered by section 
241(a)(2)(A)(i) of such Act (as so in effect). 
(5) TRANSITIONAL RULE WITH REGARD TO SUSPENSION OF 
DEPORTATION.—Paragraphs (1) and (2) of section 240A(d) of 
the Immigration and Nationahty Act (relating to continuous 
residence or physical presence) shall apply to notices to appear 
issued before, on, or after the date of the enactment of this 
Act. 
(6) TRANSITION FOR CERTAIN FAMILY UNITY ALIENS.—^The 
Attorney General may waive the application of section 212(a)(9) 
of the Immigration and Nationality Act, as inserted by section 
301(b)(1) of this division, in the case of an alien who is provided 
benejfits under the provisions of section 301 of the Immigration 
Act of 1990 (relating to family unity). 
(7) LIMITATION ON SUSPENSION OF DEPORTATION.—The 
Attorney General may not suspend the deportation and adjust 
the status under section 244 of the Immigration and Nationality 
Act of more than 4,000 aliens in any fiscal year (beginning 
after the date of the enactment of this Act). The previous 
sentence shall apply regardless of when an alien applied for 
such suspension and adjustment. 
(d) TRANSITIONAL REFERENCES.—^For purposes of carrying out 
the Immigration and Nationality Act, as amended by this subtitle— 
(1) any reference in section 212(a)(1)(A) of such Act to 
the term "inadmissible" is deemed to include a reference to 
the term "excludable", and 
(2) any reference in law to an order of removal shall be 
deemed to include a reference to an order of exclusion and 
deportation or an order of deportation. 
(e) TRANSITION.—No period of time before the date of the enact-
ment of this Act shall be included in the period of 1 year described 
in section 212(a)(6)(B)(i) of the Immigration and Nationality Act 
(as amended by section 301(c) of this division). 
Subtitle B—Criminal Alien Provisions 
SEC. 321. AMENDED DEFINITION OF AGGRAVATED FELONY. 
(a) IN GENERAL.—Section 101(a)(43) (8 U.S.C. 1101(a)(43)), as 
amended by section 441(e) of the Antiterrorism and Effective Death 
Penalty Act of 1996 (P.L. 104-132), is amended— 
(1) in subparagraph (A), by inserting ", rape, or sexual 
abuse of a minor" after "murder"; 
(2) in subparagraph (D), by striking "$100,000" and insert-
ing "$10,000"; 
(3) in subparagraphs (F), (G), (N), and (P), by striking 
"is at least 5 years" each place it appears and inserting "at 
least one year"; 
(4) in subparagraph (J), by striking "sentence of 5 years' 
imprisonment" and inserting "sentence of one year imprison-
ment"; 
(5) in subparagraph (K)(ii), by inserting "if committed" 
before "for commercial advantage"; 
(6) in subparagraph (L)— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-628 
(A) by striking "or" at the end of clause (i), 
(B) by inserting "or" at the end of clause (ii), and 
(C) by adding at the end the following new clause: 
"(iii) section 601 of the National Security Act of 
1947 (relating to protecting the identity of undercover 
agents);"; 
(7) in subparagraph (M), by striking "$200,000" each place 
it appears and inserting "$10,000"; 
(8) in subparagraph (N), by striking "for which the term" 
and all that follows and inserting the following: ", except in 
the case of a first offense for which the alien has affirmatively 
shown that the alien committed the offense for the purpose 
of assisting, abetting, or aiding only the alien's spouse, child, 
or parent (and no other individual) to violate a provision of 
this Act"; 
(9) in subparagraph (P), by striking "18 months" and insert-
ing "12 months, except in the case of a first offense for which 
the alien has affirmatively shown that the alien committed 
the offense for the purpose of assisting, abetting, or aiding 
only the alien's spouse, child, or parent (and no other individual) 
to violate a provision of this Act"; 
(10) in subparagraph (R), by striking "for which a sentence 
of 5 years' imprisonment or more may be imposed" and inserting 
"for which the term of imprisonment is at least one year"; 
and 
(11) in subparagraph (S), by striking "for which a sentence 
of 5 years' imprisonment or more may be imposed" and inserting 
"for which the term of imprisonment is at least one year". 
(b) EFFECTIVE DATE OF DEFINITION.—Section 101(a)(43) (8 
U.S.C. 1101(a)(43)) is amended by adding at the end the following 
new sentence: "Notwithstanding any other provision of law (includ-
ing any effective date), the term applies regardless of whether 
the conviction was entered before, on, or after the date of enactment 
of this paragraph.". 
(c) EFFECTIVE DATE.—^The amendments made by this section 8 use iioi note, 
shall apply to actions taken on or after the date of the enactment 
of this Act, regardless of when the conviction occurred, and shall 
apply under section 276(b) of the Immigration and Nationality 
Act only to violations of section 276(a) of such Act occurring on 
or after such date. 
SEC. 322. DEFINITION OF CONVICTION AND TERM OF IMPRISONMENT. 
(a) DEFINITION.— 
(1) IN GENERAL.—Section 101(a) (8 U.S.C. 1101(a)) is 
amended by adding at the end the following new paragraph: 
"(48)(A) The term 'conviction' means, with respect to an alien, 
a formal judgment of guilt of the alien entered by a court or, 
if adjudication of guilt has been withheld, where— 
"(i) a judge or jury has found the alien guilty or the alien 
has entered a plea of guilty or nolo contendere or has admitted 
sufficient facts to warrant a finding of guilt, and 
"(ii) the judge has ordered some form of punishment, pen-
alty, or restraint on the alien's liberty to be imposed. 
"(B) Any reference to a term of imprisonment or a sentence 
with respect to an offense is deemed to include the period of incar-
ceration or confinement ordered by a court of law regardless of 
110 STAT. 3009-629 
PUBLIC LAW 104-208—SEPT. 30, 1996 
any suspension of the imposition or execution of that imprisonment 
or sentence in whole or in part.". 
(2) CONFORMING AMENDMENTS.— 
(A) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended 
by striking "imposed (regardless of any suspension of 
imprisonment)" each place it appears in subparagraphs 
(F), (G), (N), and (P). 
(B) Section 212(a)(2)(B) (8 U.S.C. 1182(a)(2)(B)) is 
amended by striking "actually imposed". 
(b) REFERENCE TO PROOF PROVISIONS.—For provisions relating 
to proof of convictions, see subparagraphs (B) and (C) of section 
240(c)(3) of the Immigration and Nationality Act, as inserted by 
section 304(a)(3) of this division. 
8 use 1101 note. 
(c) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall apply to convictions and sentences entered before, on, 
or after the date of the enactment of this Act. Subparagraphs 
(B) and (C) of section 240(c)(3) of the Immigration and Nationality 
Act, as inserted by section 304(a)(3) of this division, shall apply 
to proving such convictions. 
SEC. 323. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL 
PROBATION OR CRIMINAL PAROLE. 
Section 263(a) (8 U.S.C. 1303(a)) is amended by striking "and 
(5)" and inserting "(5) aliens who are or have been on criminal 
probation or criminal parole within the United States, and (6)". 
SEC. 324. PENALTY FOR REENTRY OF DEPORTED ALIENS. 
(a) IN GENERAL.—Section 276(a)(1) (8 U.S.C. 1326(a)(1)) is 
amended to read as follows: 
"(1) has been arrested and deported, has been excluded 
and deported, or has departed the United States while an 
order of exclusion or deportation is outstanding, and thereafter". 
(b) TREATMENT OF STIPULATIONS.—^The last sentence of section 
276(b) (8 U.S.C. 1326(b)) is amended by inserting "(or not during)" 
£ifter "during". 
8 use 1326 note. 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply to departures that occurred before, on, or after the 
date of the enactment of this Act, but only with respect to entries 
(and attempted entries) occurring on or after such date. 
SEC. 325. CHANGE IN FIUNG REQUIREMENT. 
Section 2424 of title 18, United States Code, is amended— 
(1) in the first undesignated paragraph of subsection (a)— 
(A) by striking "alien" each place it appears; 
(B) by inserting after "individual" the first place it 
appears the following: ", knowing or in reckless disregard 
of the fact that the individual is an alien"; and 
(C) by striking "within three years after that individual 
has entered the United States from any country, party 
to the arrangement adopted July 25, 1902, for the suppres-
sion of the white-slave traffic"; 
(2) in the second undesignated paragraph of subsection 
(a)— 
(A) by striking "thirty" and inserting "five business"; 
and 
(B) by striking "within three years after that individual 
has entered the United States from any country, party 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-630 
to the said arrangement for the suppression of the white-
slave tr£ifEic,"; and 
(3) in the text following the third undesignated paragraph 
of subsection (a), by striking "two" and inserting "10". 
SEC. 326. CRIMINAL ALIEN IDENTIFICATION SYSTEM. 
Subsection (a) of section 130002 of the Violent Crime Control 
and Law Enforcement Act of 1994 (Public Law 103-322), as amend- 8 USC 1252 note. 
ed by section 432 of Public Law 104-132, is amended to read 
as follows: 
"(a) OPERATION AND PURPOSE.—^The Commissioner of Immigra-
tion and Naturalization shall, under the authority of section 
242(a)(3)(A) of the Immigration and Nationality Act operate a crimi-
nal alien identification system. The criminal alien identification 
system shall be used to assist Federal, State, and local law enforce-
ment agencies in identifying and locating aliens who may be subject 
to removal by reason of their conviction of aggravated felonies, 
subject to prosecution under section 275 of such Act, not lawfully 
present in the United States, or otherwise removable. Such system 
shall include providing for recording of fingerprint records of aliens 
who have been previously arrested and removed into appropriate 
automated fingerprint identification systems.". 
SEC. 327. APPROPRIATIONS FOR CRIMINAL ALIEN TRACKING CENTER. 
Section 130002(b) of the Violent Crime Control and Law 
Enforcement Act of 1994 (8 U.S.C. 1252 note) is amended— 
(1) by inserting "and" after "1996;", and 
(2) by striking paragraph (2) and all that follows through 
the period at the end and inserting the following: 
"(2) $5,000,000 for each of fiscal years 1997 through 2001.". 
SEC. 328. PROVISIONS RELATING TO STATE CRIMINAL ALIEN ASSIST-
ANCE PROGRAM. 
(a) MODIFICATION OF AUTHORITY.— 
(1) IN GENERAL.—Section 241(i), as redesignated by section 
306(a)(1) of this division, is amended— 
8 USC 1231. 
(A) in paragraph (3)(A), by striking "felony and sen-
tenced to a term of imprisonment" and inserting "felony 
or two or more misdemeanors", and 
(B) by adding at the end the following new paragraph: 
"(6) To the extent of available appropriations, funds other-
wise made available under this section with respect to a State 
(or political subdivision, including a municipality) for incarcer-
ation of an undocumented criminal alien may, at the discretion 
of the recipient of the funds, be used for the costs of imprison-
ment of such alien in a State, local, or municipal prison or 
jail.". 
(2) EFFECTIVE DATE.—^The amendment made by paragraph 
8 USC 1231 note. 
(1) shall apply beginning with fiscal year 1997. 
(b) SENSE OF THE CONGRESS WITH RESPECT TO PROGRAM.— 
(1) FINDINGS.—^The Congress finds as follows: 
(A) Of the $130,000,000 appropriated in fiscal year 
1995 for the State Criminal Alien Assistance Program, 
the Department of Justice disbursed the first $43,000,000 
to States on October 6, 1994, 32 days before the 1994 
general election, and then failed to disburse the remaining 
$87,000,000 until January 31, 1996, 123 days after the 
end of fiscal year 1995. 
110 STAT. 3009-631 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(B) While H.R. 2880, the continuing appropriation 
measure funding certain operations of the Federal Govern-
ment from January 26, 1996 to March 15, 1996, included 
$66,000,000 to reimburse States for the cost of incarcerat-
ing documented illegal immigrant felons, the Department 
of Justice failed to disburse any of the funds to the States 
during the period of the continuing appropriation. 
(2) SENSE OF THE CONGRESS.—It is the sense of the Con-
gress that— 
(A) the Department of Justice was disturbingly slow 
in disbursing fiscal year 1995 funds under the State Crimi-
nal Alien Assistance Program to States after the initial 
grants were released just prior to the 1994 election; and 
(B) the Attorney General should make it a high priority 
to expedite the disbursement of Federal funds intended 
to reimburse States for the cost of incarcerating illegal 
immigrants, aiming for all State Criminal Alien Assistance 
Program funds to be disbursed during the fiscal year for 
which they are appropriated. 
SEC. 329. DEMONSTRATION 
PROJECT 
FOR IDENTIFICATION 
OF 
ILLEGAL ALIENS IN INCARCERATION FACILITY OF ANA-
HEIM, CALIFORNIA-
(a) AUTHORITY.—The Attorney General shall conduct a project 
demonstrating the feasibility of identifying, from among the individ-
uals who are incarcerated in local governmental prison facilities 
prior to arraignment on criminal charges, those individuals who 
are aliens unlawfully present in the United States. 
(b) DESCRIPTION OF PROJECT.—^The project authorized by sub-
section (a) shall include— 
(1) the detail to incarceration facilities within the city 
of Anaheim, California and the county of Ventura, California, 
of an employee of the Immigration and Naturalization Service 
who has expertise in the identification of aliens unlawfully 
in the United States, and 
(2) provision of funds sufficient to provide for— 
(A) access for such employee to records of the Service 
necessary to identify such aliens, and 
(B) in the case of an individual identified as such 
an alien, pre-arraignment reporting to the court regarding 
the Service's intention to remove the alien from the United 
States. 
(c) TERMINATION.—^The authority under this section shall cease 
to be effective 6 months after the date of the enactment of this 
Act. 
18 use 4100 
SEC. 330. PRISONER TRANSFER TREATIES. 
^°^^' 
(a) 
NEGOTIATIONS WITH 
OTHER 
COUNTRIES.—(1) Congress 
advises the President to begin to negotiate and renegotiate, not 
later than 90 days after the date of enactment of this Act, bilateral 
prisoner transfer treaties, providing for the incarceration, in the 
country of the alien's nationality, of any alien who— 
(A) is a national of a country that is party to such a 
treaty; and 
(B) has been convicted of a criminal offense under Federal 
or State law and who— 
(i) is not in lawful immigration status in the United 
States, or 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-632 
(ii) on the basis of conviction for a criminal offense 
under Federal or State law, or on any other basis, is 
subject to deportation or removal under the Immigration 
and Nationality Act, 
for the duration of the prison term to which the alien was sentenced 
for the offense referred to in subparagraph (B). Any such agreement 
may provide for the release of such alien pursuant to parole proce-
dures of that country. 
(2) In entering into negotiations under paragraph (1), the Presi-
dent may consider providing for appropriate compensation, subject 
to the availability of appropriations, in cases where the United 
States is able to independently verify the adequacy of the sites 
where aliens will be imprisoned and the length of time the alien 
is actually incarcerated in the foreign country under such a treaty. 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that— 
(1) the focus of negotiations for such agreements should 
be— 
(A) to expedite the transfer of aliens unlawfully in 
the United States who are (or are about to be) incarcerated 
in United States prisons, 
(B) to ensure that a transferred prisoner serves the 
balance of the sentence imposed by the United States 
courts, 
(C) to eliminate any requirement of prisoner consent 
to such a transfer, and 
(D) to allow the Federal Government or the States 
to keep their original prison sentences in force so that 
transferred prisoners who return to the United States prior 
to the completion of their original United States sentences 
can be returned to custody for the balance of their prisons 
sentences; 
(2) the Secretary of State should give priority to concluding 
an agreement with any country for which the President deter-
mines that the number of aliens described in subsection (a) 
who are nationals of that country in the United States rep-
resents a significant percentage of all such aliens in the United 
States; and 
(3) no new treaty providing for the transfer of aliens from 
Federal, State, or local incarceration facilities to a foreign incar-
ceration facility should permit the alien to refuse the transfer. 
(c) PRISONER CONSENT.—Notwithstanding any other provision 
of law, except as required by treaty, the transfer of an alien from 
a Federal, State, or local incarceration facility under an agreement 
of the type referred to in subsection (a) shall not require consent 
of the alien. 
(d) ANNUAL REPORT.—^Not later than 90 days after the date 
of the enactment of this Act, and annually thereafter, the Attorney 
General shall submit a report to the Committees on the Judiciary 
of the House of Representatives and of the Senate stating whether 
each prisoner transfer treaty to which the United States is a party 
has been effective in the preceding 12 months in bringing about 
the return of deportable incarcerated aliens to the country of which 
they are nationals and in ensuring that they serve the balance 
of their sentences. 
(e) TRAINING FOREIGN LAW ENFORCEMENT PERSONNEL.—(1) 
Subject to paragraph (2), the President shall direct the Border 
Patrol Academy and the Customs Service Academy to enroll for 
110 STAT. 3009-633 
PUBLIC LAW 104-208—SEPT. 30, 1996 
training an appropriate number of foreign law enforcement person-
nel, and shall make appointments of foreign law enforcement 
personnel to such academies, as necessary to further the following 
United States law enforcement goals: 
(A) Preventing of drug smuggling and other cross-border 
criminal activity. 
(B) Preventing illegal immigration. 
(C) Preventing the illegal entry of goods into the United 
States (including goods the sale of which is illegal in the United 
States, the entry of which would cause a quota to be exceeded, 
or the appropriate duty or tariff for which has not been paid). 
(2) The appointments described in paragraph (1) shall be made 
only to the extent there is capacity in such academies beyond 
what is required to train United States citizens needed in the 
Border Patrol and Customs Service, and only of personnel from 
a country with which the prisoner transfer treaty has been stated 
to be effective in the most recent report referred to in subsection 
(d). 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section. 
SEC. 331. PRISONER TRANSFER TREATIES STUDY. 
(a) REPORT TO CONGRESS.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State and 
the Attorney General shall submit to the Committees on the 
Judiciary of the House of Representatives and of the Senate a 
report that describes the use and effectiveness of the prisoner 
transfer treaties with the three countries with the greatest number 
of their nationals incarcerated in the United States in removing 
from the United States such incarcerated nationals. 
(b) USE OF TREATY.—^The report under subsection (a) shall 
include— 
(1) the number of aliens convicted of a criminal offense 
in the United States since November 30, 1977, who would 
have been or are eligible for transfer pursuant to the treaties; 
(2) the number of aliens described in paragraph (1) who 
have been transferred pursuant to the treaties; 
(3) the number of aliens described in paragraph (2) who 
have been incarcerated in full compliance with the treaties; 
(4) the number of aliens who are incarcerated in a penal 
institution in the United States who are eligible for transfer 
pursuant to the treaties; and 
(5) the number of aliens described in paragraph (4) who 
are incarcerated in Federal, State, and local penal institutions 
in the United States. 
(c) RECOMMENDATIONS.—The report under subsection (a) shall 
include the recommendations of the Secretary of State and the 
Attorney General to increase the effectiveness and use of, and 
full compliance with, the treaties. In considering the recommenda-
tions under this subsection, the Secretary and the Attorney General 
shall consult with such State and local officials in areas dispropor-
tionately impacted by aliens convicted of criminal offenses as the 
Secretary and the Attorney General consider appropriate. Such 
recommendations shall address— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-634 
(1) changes in Federal laws, regulations, and policies affect-
ing the identification, prosecution, and deportation of aliens 
who have committed criminal offenses in the United States; 
(2) changes in State and local laws, regulations, and policies 
affecting the identification, prosecution, and deportation of 
aliens who have committed a criminal offense in the United 
States; 
(3) changes in the treaties that may be necessary to 
increase the number of aliens convicted of criminal offenses 
who may be transferred pursuant to the treaties; 
(4) methods for preventing the unlawful reentry into the 
United States of aliens who have been convicted of criminal 
offenses in the United States and transferred pursuant to the 
treaties; 
(5) any recommendations by appropriate officials of the 
appropriate government agencies of such countries regarding 
programs to achieve the goals of, and ensure full compliance 
with, the treaties; 
(6) whether the recommendations under this subsection 
require the renegotiation of the treaties; and 
(7) the additional funds required to implement each rec-
ommendation under this subsection. 
SEC. 332. ANNUAL REPORT ON CRIMINAL ALIENS. 
8 USC 1366. 
Not later than 12 months after the date of the enactment 
of this Act, and annually thereafter, the Attorney General shall 
submit to the Committees on the Judiciary of the House of Rep-
resentatives and of the Senate a report detailing— 
(1) the number of illegal aliens incarcerated in Federal 
and State prisons for having committed felonies, stating the 
number incarcerated for each type of offense; 
(2) the number of illegal aliens convicted of felonies in 
any Federal or State court, but not sentenced to incarceration, 
in the year before the report was submitted, stating the number 
convicted for each type of offense; 
(3) programs and plans underway in the Department of 
Justice to ensure the prompt removal from the United States 
of criminal aliens subject to removal; and 
(4) methods for identifying and preventing the unlawful 
reentry of aliens who have been convicted of criminal offenses 
in the United States and removed from the United States. 
SEC. 333. PENALTIES FOR C^ONSPIRING WITH OR ASSISTING AN ALIEN 
28 USC 994 note. 
TO COMMIT AN OFFENSE UNDER THE CONTROLLED SUB-
STANCES IMPORT AND EXPORT ACT. 
(a) REVIEW OF GUIDELINES.—Not later than 6 months after 
the date of the enactment of this Act, the United States Sentencing 
Commission shall conduct a review of the guidelines applicable 
to an offender who conspires with, or aids or abets, a person 
who is not a citizen or national of the United States in committing 
any offense under section 1010 of the Controlled Substance Import 
and Export Act (21 U.S.C. 960). 
(b) REVISION OF GUIDELINES.—Following such review, pursuant 
to section 994(p) of title 28, United States Code, the Commission 
shall promulgate sentencing guidelines or amend existing sentenc-
ing guidelines to ensure an appropriately stringent sentence for 
such offenders. 
110 STAT. 3009-635 
PUBLIC LAW 104-208—SEPT. 30, 1996 
28 use 994 note. 
SEC. 334. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL 
REENTRY, AND PASSPORT AND VISA FRAUD. 
(a) 
FAILING 
TO 
DEPART.—The United States 
Sentencing 
Commission shall promptly promulgate, pursuant to section 994 
of title 28, United States Code, amendments to the sentencing 
guidelines to make appropriate increases in the base offense level 
for offenses under section 242(e) and 276(b) of the Immigration 
and Nationality Act (8 US.C. 1252(e) and 1326(b)) to reflect the 
amendments made by section 130001 of the Violent Crime Control 
and Law Enforcement Act of 1994. 
(b) PASSPORT AND ViSA OFFENSES.—The United States Sentenc-
ing Commission shall promptly promulgate, pursuant to section 
994 of title 28, United States Code, amendments to the sentencing 
guidelines to make appropriate increases in the base offense level 
for offenses under chapter 75 of title 18, United States Code to 
reflect the amendments made by section 130009 of the Violent 
Crime Control and Law Enforcement Act of 1994. 
Subtitle C—Revision of Grounds for 
Exclusion and Deportation 
SEC. 341. PROOF OF VACCINATION REQUIREMENT FOR IMMIGRANTS. 
(a) IN GENERAL.—Section 212(a)(1)(A) (8 U.S.C. 1182(a)(1)(A)) 
is amended— 
(1) by redesignating clauses (ii) and (iii) as clauses (iii) 
and (iv), respectively, and 
(2) by inserting after clause (i) the following new clause: 
"(ii) who seeks admission as an immigrant, or who 
seeks adjustment of status to the status of an alien 
lawfully admitted for permanent residence, and who 
has failed to present documentation of having received 
vaccination 
against 
vaccine-preventable 
diseases, 
which shall include at least the following diseases: 
mumps, measles, rubella, polio, tetanus and diphtheria 
toxoids, pertussis, influenza type B and hepatitis B, 
and any other vaccinations against vaccine-preventable 
diseases recommended by the Advisory Committee for 
Immunization Practices,". 
(b) WAIVER.—Section 212(g) (8 U.S.C. 1182(g)) is amended by 
striking ", or" at the end of paragraph (1) and all that follows 
and inserting a semicolon and the following: 
"in accordance with such terms, conditions, and controls, if 
any, including the giving of bond, as the Attorney General, 
in the discretion of the Attorney General after consultation 
with the Secretary of Health and Human Services, may by 
regulation prescribe; 
"(2) subsection (a)(l)(A)(ii) in the case of any alien— 
"(A) who receives vaccination against the vaccine-
preventable disease or diseases for which the alien has 
failed to present documentation of previous vaccination, 
"(B) for whom a civil surgeon, medical officer, or panel 
physician (as those terms are defined by section 34.2 of 
title 42 of the Code of Federal Regulations) certifies, accord-
ing to such regulations as the Secretary of Health and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-636 
Human Services may prescribe, that such vaccination 
would not be medically appropriate, or 
"(C) under such circumstances as the Attorney General 
provides by regulation, with respect to whom the require-
ment of such a vaccination would be contrary to the alien's 
religious beliefs or moral convictions; or 
"(3) subsection (a)(l)(A)(iii) in the case of any alien, in 
accordance with such terms, conditions, and controls, if any, 
including the giving of bond, as the Attorney General, in the 
discretion of the Attorney General after consultation with the 
Secretary of Health and Human Services, may by regulation 
prescribe.". 
(c) EFFECTIVE DATE.—^The amendments made by this section 8 use 1182 note, 
shall apply with respect to applications for immigrant visas or 
for adjustment of status filed after September 30, 1996. 
SEC. 342. INCITEMENT OF TERRORIST ACTIVITY AND PROVISION OF 
FALSE DOCUMENTATION TO TERRORISTS AS A BASIS 
FOR EXCLUSION FROM THE UNITED STATES. 
(a) IN GENERAL.-^ection 212(a)(3)(B) (8 U.S.C. 1182(a)(3)(B)) 
is amended— 
(1) by redesignating subclauses (III) and (IV) of clause 
(i) as subclauses (IV) and (V), respectively; 
(2) by inserting after subclause (II) of clause (i) the follow-
ing new subclause: 
"(III) has, under circumstances indicating an 
intention to cause death or serious bodily harm, 
incited terrorist activity,"; and 
(3) in clause (iii)(III), by inserting "documentation or" before 
"identification"; 
(b) EFFECTIVE DATE.—^The amendments made by subsection 
8 use 1182 note, 
(a) shall take effect on the date of the enactment of this Act 
and shall apply to incitement regardless of when it occurs. 
SEC. 343. CERTIFICATION REQUIREMENTS FOR FOREIGN HEALTH-
CARE WORKERS. 
Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended— 
(1) by redesignating subparagraph (C) as subparagraph 
(D), and 
(2) by inserting after subparagraph (B) the following new 
subparagraph: 
"(C) UNCERTIFIED FOREIGN HEALTH-CARE WORKERS.— 
Any alien who seeks to enter the United States for the 
purpose of performing labor as a health-care worker, other 
than a physician, is excludable unless the alien presents 
to the consular officer, or, in the case of an adjustment 
of status, the Attorney General, a certificate from the 
Commission on Graduates of Foreign Nursing Schools, or 
a certificate from an equivalent independent credentialing 
organization approved by the Attorney General in consulta-
tion with the Secretary of Health and Human Services, 
verifying that— 
"(i) the alien's education, training, license, and 
experience— 
"(I) meet all applicable statutory and regu-
latory requirements for entry into the United 
States under the classification specified in the 
application; 
110 STAT. 3009-637 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(11) are comparable with that required for 
an American health-care worker of the same type; 
and 
"(III) are authentic and, in the case of a 
license, unencumbered; 
"(ii) the alien has the level of competence in oral 
and written English considered by the Secretary of 
Health and Human Services, in consultation with the 
Secretary of Education, to be appropriate for health 
care work of the kind in which the alien will be 
engaged, as shown by an appropriate score on one 
or more nationally recognized, commercially available, 
standardized assessments of the applicant's ability to 
speak and write; and 
"(iii) if a majority of States licensing the profession 
in which the alien intends to work recognize a test 
predicting the success on the profession's licensing or 
certification examination, the alien has passed such 
a test or has passed such an examination. 
For purposes of clause (ii), determination of the standard-
ized tests required and of the minimum scores that are 
appropriate are within the sole discretion of the Secretary 
of Health and Human Services and are not subject to 
further administrative or judicial review.". 
SEC. 344. REMOVAL OF ALIENS FALSELY CLAIMING UNITED STATES 
CITIZENSHIP. 
(a) EXCLUSION OF ALIENS WHO HAVE FALSELY CLAIMED UNITED 
STATES CITIZENSHIP.—Section 212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)) 
is amended— 
(1) by redesignating clause (ii) as clause (iii), and 
(2) by inserting after clause (i) the following new clause: 
"(ii) FALSELY CLAIMING CITIZENSHIP.—Any alien 
who falsely represents, or has falsely represented, him-
self or herself to be a citizen of the United States 
for any purpose or benefit under this Act (including 
section 274A) or any other Federal or State law is 
excludable.", 
(b) DEPORTATION OF ALIENS WHO HAVE FALSELY CLAIMED 
UNITED 
STATES 
CITIZENSHIP.—Section 
241(a)(3) 
(8 
U.S.C. 
1251(a)(3)) is amended by adding at the end the following new 
subparagraph: 
"(D) FALSELY CLAIMING CITIZENSHIP.—Any alien who 
falsely represents, or has falsely represented, himself to 
be a citizen of the United States for any purpose or benefit 
under this Act (including section 274A) or any Federal 
or State law is deportable.". 
8 use 1182 note. 
(c) EFFECTIVE DATE.—^The amendments made by this section 
shall apply to representations made on or after the date of the 
enactment of this Act. 
SEC. 345. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR 
CERTAIN SECTION 274C VIOLATORS. 
(a) EXCLUSION GROUNDS.—Section 212 (8 U.S.C. 1182) is 
amended— 
(1) by amending subparagraph (F) of subsection (a)(6) to 
read as follows: 
"(F) SUBJECT OF CIVIL PENALTY.— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-638 
"(i) IN GENERAL.—^An alien who is the subject of 
a final order for violation of section 274C is inadmis-
sible. 
"(ii) WAIVER AUTHORIZED.—For provision authoriz-
ing waiver of clause (i), see subsection (d)(12)."; and 
(2) by adding at the end of subsection (d) the following 
new paragraph: 
"(12) The Attorney General may, in the discretion of the Attor-
ney General for humanitarian purposes or to assure family unity, 
waive application of clause (i) of subsection (a)(6)(F)— 
"(A) in the case of an alien lawfully admitted for permanent 
residence who temporarily proceeded abroad voluntarily and 
not under an order of deportation or removal and who is other-
wise admissible to the United States as a returning resident 
under section 211(b), and 
"(B) in the case of an alien seeking admission or adjustment 
of status under section 201(b)(2)(A) or under section 203(a), 
if no previous civil money penalty was imposed against the alien 
under section 274C and the offense was committed solely to assist, 
aid, or support the alien's spouse or child (and not another individ-
ual). No court shall have jurisdiction to review a decision of the 
Attorney General to grant or deny a waiver under this paragraph.", 
(b) GROUND OF DEPORTATION.—Subparagraph (C) of section 
241(a)(3) (8 U.S.C. 1251(a)(3)), before redesignation by section 
305(a)(2) of this division, is amended to read as follows: 
"(C) DOCUMENT FRAUD.— 
"(i) IN GENERAL.—^An alien who is the subject of 
a final order for violation of section 274C is deportable. 
"(ii) WAIVER AUTHORIZED.—^The Attorney General 
may waive clause (i) in the case of an alien lawfully 
admitted for permanent residence if no previous civil 
money penalty was imposed against the alien under 
section 274C and the offense was incurred solely to 
assist, aid, or support the alien's spouse or child (and 
no other individual). No court shall have jurisdiction 
to review a decision of the Attorney Greneral to grant 
or deny a waiver under this clause.". 
SEC. 346. INADMISSIBILITY OF CERTAIN STUDENT VISA ABUSERS. 
(a) IN GENERAL.—Section 212(a)(6) (8 U.S.C. 1182(a)(6)) is 
amended by adding at the end the following new subparagraph: 
"(G) STUDENT VISA ABUSERS.—An alien who obtains 
the status of a nonimmigrant under section 101(a)(15)(F)(i) 
and who violates a term or condition of such status under 
section 214(1) is excludable until the alien has been outside 
the United States for a continuous period of 5 years after 
the date of the violation.". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 8 USC 1182 note, 
shall apply to aliens who obtain the status of a nonimmigrant 
under section 101(a)(15)(F) of the Immigration and Nationality 
Act after the end of the 60-day period beginning on the date of 
the enactment of this Act, including aliens whose status as such 
a nonimmigrant is extended after the end of such period. 
SEC. 347. REMOVAL OF ALIENS WHO HAVE UNLAWFULLY VOTED. 
(a) EXCLUSION OF AIJENS WHO HAVE UNLAWFULLY VOTED.— 
Section 212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by section 
29-194 O - 96 - 26 : QL 3 Part 4 
110 STAT. 3009-639 
PUBLIC LAW 104-208—SEPT. 30, 1996 
301(b) of this division, is amended by adding at the end the following 
new subparagraph: 
"(D) UNLAWFUL VOTERS.—^Any alien who has voted in 
violation of any Federal, State, or local constitutional provi-
sion, statute, ordinance, or regulation is excludable.", 
(b) DEPORTATION OF ALIENS WHO HAVE UNLAWFULLY VOTED.— 
Section 241(a) (8 U.S.C. 1251(a)), before redesignation by section 
305(a)(2) of this division, is amended by adding at the end the 
following new paragraph: 
"(6) UNLAWFUL voTERS.^Any alien who has voted in viola-
tion of any Federal, State, or local constitutional provision, 
statute, ordinance, or regulation is deportable.". 
8 use 1182 note. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply to voting occurring before, on, or after the date of 
the enactment of this Act. 
SEC. 348. WAIVERS FOR IMMIGRANTS CONVICTED OF CRIMES. 
(a) IN GENERAL.—Section 212(h) (8 U.S.C. 1182(h)) is amended 
by adding at the end the following: "No waiver shall be granted 
under this subsection in the case of an alien who has previously 
been admitted to the United States as an alien lawfully admitted 
for permanent residence if either since the date of such admission 
the alien has been convicted of an aggravated felony or the alien 
has not lawfully resided continuously in the United States for 
a period of not less than 7 years immediately preceding the date 
of initiation of proceedings to remove the alien from the United 
States. No court shall have jurisdiction to review a decision of 
the Attorney General to grant or deny a waiver under this sub-
section.". 
8 use 1182 note. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall be effective on the date of the enactment of this Act and 
shall apply in the case of any alien who is in exclusion or deportation 
proceedings as of such date unless a final administrative order 
in such proceedings has been entered as of such date. 
SEC. 349. WAIVER OF MISREPRESENTATION GROUND OF INADMIS-
SIBILITY FOR CERTAIN ALIEN. 
Subsection (i) of section 212 (8 U.S.C. 1182) is amended to 
read as follows: 
"(i)(l) The Attorney General may, in the discretion of the Attor-
ney General, waive the application of clause (i) of subsection 
(a)(6)(C) in the case of an immigrant who is the spouse, son, 
or daughter of a United States citizen or of an alien lawfully 
admitted for permanent residence if it is established to the satisfac-
tion of the Attorney General that the refusal of admission to the 
United States of such immigrant alien would result in extreme 
hardship to the citizen or lawfully resident spouse or parent of 
such an alien. 
"(2) No court shall have jurisdiction to review a decision or 
action of the Attorney General regarding a waiver under paragraph 
(1).". 
SEC. 350. OFFENSES OF DOMESTIC VIOLENCE AND STALKING AS 
GROUND FOR DEPORTATION. 
(a) IN GENERAL.—Section 241(a)(2) (8 U.S.C. 1251(a)(2)) is 
amended by adding at the end the following: 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-640 
"(E) CRIMES OF DOMESTIC VIOLENCE, STALKING, OR VIO-
LATION OF PROTECTION ORDER, CRIMES AGAINST CHILDREN 
AND .— 
"(i) 
DOMESTIC VIOLENCE, STALKING, AND CHILD 
ABUSE.—^Any alien who at any time after entry is con-
victed of a crime of domestic violence, a crime of stalk-
ing, or a crime of child abuse, child neglect, or child 
abandonment is deportable. For purposes of this clause, 
the term 'crime of domestic violence' means any crime 
of violence (as defined in section 16 of title 18, United 
States Code) against a person committed by a current 
or former spouse of the person, by an individual with 
whom the person shares a child in common, by an 
individual who is cohabiting with or has cohabited 
with the person as a spouse, by an individual similarly 
situated to a spouse of the person under the domestic 
or family violence laws of the jurisdiction where the 
offense occurs, or by any other individual against a 
person who is protected from that individual's acts 
under the domestic or family violence laws of the 
United States or any State, Indian tribal government, 
or unit of local government. 
"(ii) VIOLATORS OF PROTECTION ORDERS.—-Any alien 
who at any time after entry is enjoined under a protec-
tion order issued by a court and whom the court deter-
mines has engaged in conduct that violates the portion 
of a protection order that involves protection against 
credible threats of violence, repeated harassment, or 
bodily injurji^ to the person or persons for whom the 
protection order was issued is deportable. For purposes 
of this clause, the term 'protection order' means any 
injunction issued for the purpose of preventing violent 
or threatening acts of domestic violence, including tem-
porary or final orders issued by civil or criminal courts 
(other than support or child custody orders or provi-
sions) whether obtained by filing an independent action 
or as a pendente lite order in another proceeding.". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 8 use 1227 note. 
shall apply to convictions, or violations of court orders, occurring 
after the date of the enactment of this Act. 
SEC. 351. CLARIFICATION OF DATE AS OF WHICH RELATIONSHIP 
REQUIRED FOR WAIVER FROM EXCLUSION OR DEPORTA-
TION FOR SMUGGLING. 
(a) EXCLUSION.—Section 212(d)(ll) (8 U.S.C. 1182(d)(ll)) is 
amended by inserting "an individual who at the time of such action 
was" after "aided only". 
(b) 
DEPORTATION.—Section 
241(a)(l)(E)(iii) 
(8 
U.S.C. 
1251(a)(l)(E)(iii)) is amended by inserting "an individual who at 
the time of the offense was" after "aided only". 
(c) EFFECTIVE DATE.—^The amendments made by this section 8 USC 1182 note, 
shall apply to applications for waivers filed before, on, or after 
the date of the enactment of this Act, but shall not apply to 
such an application for which a final determination has been made 
as of the date of the enactment of this Act. 
110 STAT. 3009-641 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SEC. 352. EXCLUSION OF FORMER CITIZENS WHO RENOUNCED CITI-
ZENSHIP TO AVOID UNITED STATES TAXATION. 
(a) IN GENERAL.—Section 212(a)(10) (8 U.S.C. 1182(a)(10)), as 
redesignated by section 301(b) of this division and as amended 
by section 347(a) of this division, is amended by adding at the 
end the following: 
"(E) FORMER CITIZENS WHO RENOUNCED CITIZENSHIP 
TO AVOID TAXATION.—^Any alien who is a former citizen 
of the United States who officially renounces United States 
citizenship and who is determined by the Attorney General 
to have renounced United States citizenship for the purpose 
of avoiding taxation by the United States is excludable.". 
8 use 1182 note. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply to individuals who renounce United States citizenship 
on and after the date of the enactment of this Act. 
SEC. 353. REFERENCES TO CHANGES ELSEWHERE IN DIVISION. 
(a) DEPORTATION FOR HIGH SPEED FLIGHT.—For provision mak-
ing high speed flight from an immigration checkpoint subject to 
deportation, see section 108(c) of this division. 
(b) INADMISSIBILITY OF ALIENS PREVIOUSLY REMOVED AND 
UNLAWFULLY PRESENT.—For provision making aliens previously 
removed and unlawfully present in the United States inadmissible, 
see section 301(b) of this division. 
(c) INADMISSIBILITY OF ILLEGAL ENTRANTS.—For provision revis-
ing the ground of inadmissibility for illegal entrants and immigra-
tion violators, see section 301(c) of this division. 
(d) DEPORTATION FOR VISA VIOLATORS.—For provision revising 
the ground of deportation for illegal entrants, see section 301(d) 
of this division. 
(e) LABOR CERTIFICATIONS FOR PROFESSIONAL ATHLETES.—For 
provision providing for continued validity of labor certifications 
and classification petitions for professional athletes, see section 
624 of this division. 
Subtitle D—Changes in Removal of Alien 
Terrorist Provisions 
SEC. 354. TREATMENT OF CLASSIFIED INFORMATION. 
(a) LIMITATION ON PROVISION OF SUMMARIES; USE OF SPECIAL 
ATTORNEYS IN CHALLENGES TO CLASSIFIED INFORMATION.— 
(1) No PROVISION OF SUMMARY IN CERTAIN CASES.—Section 
504(e)(3)(D) (8 U.S.C. 1534(e)(3)(D)) is amended— 
(A) in clause (ii), by inserting before the period at 
the end the following: "unless the judge makes the findings 
under clause (iii)", and 
(B) by adding at the end the following new clause: 
"(iii) FINDINGS.—^The findings described in this 
clause are, with respect to an alien, that— 
"(I) the continued presence of the alien in the 
United States would likely cause serious and irrep-
arable harm to the national security or death or 
serious bodily injury to any person, and 
"(II) the provision of the summary would likely 
cause serious and irreparable harm to the national 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-642 
security or death or serious bodily injury to any 
person.". 
(2) SPECIAL CHALLENGE PROCEDURES.—Section 504(e)(3) (8 
U.S.C. 1534(e)(3)) is amended by adding at the end the following 
new subparagraphs: 
"(E) CONTINUATION OF HEARING WITHOUT SUMMARY.— 
If a judge makes the findings described in subparagraph 
(D)(iii)— 
"(i) if the alien involved is an alien lawfully admit-
ted for permanent residence, the procedures described 
in subparagraph (F) shall apply; and 
"(ii) in all cases the special removal hearing shall 
continue, the Department of Justice shall cause to 
be delivered to the alien a statement that no summary 
is possible, and the classified information submitted 
in camera and ex parte may be used pursuant to 
this paragraph. 
"(F) SPECIAL PROCEDURES FOR ACCESS AND CHALLENGES 
TO CLASSIFIED INFORMATION BY SPECIAL ATTORNEYS IN CASE 
OF LAWFUL PERMANENT ALIENS.— 
"(i) IN GENERAL.—^The procedures described in this 
subparagraph are that the judge (under rules of the 
removal court) shall designate a special attorney to 
assist the alien— 
"(I) by reviewing in camera the classified 
information on behalf of the alien, and 
"(II) by challenging through an in camera 
proceeding the veracity of the evidence contained 
in the classified information. 
"(ii) 
RESTRICTIONS ON DISCLOSURE.—^A special 
attorney receiving classified information under clause 
(i)— 
"(I) shall not disclose the information to the 
alien or to any other attorney representing the 
alien, and 
"(II) who discloses such information in viola-
tion of subclause (I) shall be subject to a fine 
under title 18, United States Code, imprisoned 
for not less than 10 years nor more than 25 years, 
or both.". 
(3) APPEALS.—Section 505(c) (8 U.S.C. 1535(c)) is amend-
ed— 
(A) in paragraph (1), by striking "The decision" and 
inserting "Subject to paragraph (2), the decision"; 
(B) in paragraph (3)(D), by inserting before the period 
at the end the following: ", except that in the case of 
a review under paragraph (2) in which an alien lawfully 
admitted for permanent residence was denied a written 
summary of classified information under section 504(c)(3), 
the Court of Appeals shall review questions of fact de 
novo"; 
(C) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively; and 
(D) by inserting after paragraph (1) the following new 
paragraph: 
"(2) AUTOMATIC APPEALS IN CASES OF PERMANENT RESIDENT 
ALIENS IN WHICH NO SUMMARY PROVIDED.— 
110 STAT. 3009-643 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(A) IN GENERAL.—Unless the alien waives the right 
to a review under this paragraph, in any case involving 
an alien lawfully admitted for permanent residence who 
is denied a written summary of classified information under 
section 504(e)(3) and with respect to which the procedures 
described in section 504(e)(3)(F) apply, any order issued 
by the judge shall be reviewed by the Court of Appeals 
for the District of Columbia Circuit. 
"(B) USE OF SPECIAL ATTORNEY.—With respect to 
any 
issue relating to classified information that arises in such 
review, the alien shall be represented only by the special 
attorney designated under section 504(e)(3)(F)(i) on behalf 
of the alien.". 
(4) ESTABLISHMENT OF PANEL OF SPECIAL ATTORNEYS.— 
Section 502 (8 U.S.C. 1532) is amended by adding at the end 
the following new subsection: 
"(e) ESTABLISHMENT OF PANEL OF SPECIAL ATTORNEYS.—The 
removal court shall provide for the designation of a panel of attor-
neys each of whom— 
"(1) has a security clearance which affords the attorney 
access to classified information, and 
"(2) has agreed to represent permanent resident aliens 
with respect to classified information under section 504(e)(3) 
in accordance with (and subject to the penalties under) this 
title.". 
(5) 
DEFINITION OF SPECIAL ATTORNEY.—Section 501 
(8 
U.S.C. 1531) is amended— 
(A) by striking "and" at the end of paragraph (5), 
(B) by striking the period at the end of paragraph 
(6) and inserting "; and", and 
(C) by adding at the end the following new paragraph: 
"(7) the term 'special attorney* means an attorney who 
is on the panel established under section 502(e).". 
(b) 
OTHER PROVISIONS RELATING TO CLASSIFIED INFORMA-
TION.— 
(1) 
INTRODUCTION OF CLASSIFIED INFORMATION.—Section 
504(e) (8 U.S.C. 1534(e)) is amended— 
(A) in paragraph (1)— 
(i) by inserting after "(A)" the following: "the 
Government is authorized to use in a removal proceed-
ings 
the 
fruits 
of 
electronic 
surveillance 
and 
unconsented physical searches authorized under the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.) without regard to subsections (c), (e), 
(f), (g), and (h) of section 106 of that Act and", and 
(ii) by striking "the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801 et seq.)" and inserting 
"such Act"; and 
(B) by striking the period at the end of paragraph 
(3)(A) and inserting the following: "and neither the alien 
nor the public shall be informed of such evidence or its 
sources other than through reference to the summary pro-
vided pursuant to this paragraph. Notwithstanding the 
previous sentence, the Department of Justice may, in its 
discretion and, in the case of classified information, after 
coordination with the originating agency, elect to introduce 
such evidence in open session.". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-644 
(2) 
MAINTENANCE OF CONFIDENTIALITY OF CLASSIFIED 
INFORMATION IN ARGUMENTS.—Section 504(f) (8 U.S.C. 1534(f)) 
is amended by adding at the end the following: "The judge 
may allow any part of the argument that refers to evidence 
received in camera and ex parte to be heard in camera and 
ex parte.". 
(3) 
MAINTENANCE 
OF 
CONFIDENTIALITY 
OF 
CLASSIFIED 
INFORMATION IN ORDERS.—Section 504(j) (8 U.S.C. 1534(j)) is 
amended by adding at the end the following: "Any portion 
of the order that would reveal the substance or source of 
information received in camera and ex parte pursuant to sub-
section (e) shall not be made available to the alien or the 
public". 
SEC. 
355. EXCLUSION 
OF 
REPRESENTATIVES 
OF 
TERRORISTS 
ORGANIZATIONS. 
Section 212(a)(3)(B)(i)(IV) (8 U.S.C. 1182(a)(3)(B)(i)(VI)), 
as 
inserted by section 411(1)(C) of Public Law 104-132, is amended 
by inserting "which the alien knows or should have known is 
a terrorist organization" after "219,". 
SEC. 356. STANDARD FOR JUDICIAL REVIEW OF TERRORIST ORGANIZA-
TION DESIGNATIONS. 
Section 219(b)(3) (8 U.S.C. 1189(b)(3)), as added by section 
302(a) of PubHc Law 104-132, is amended— 
(1) by striking "or" at the end of subparagraph (B), 
(2) by striking the period at the end of subparagraph (C) 
and inserting a semicolon, and 
(3) by adding at the end the following: 
"(D) lacking substantial support in the administrative 
record taken as a whole or in classified information submit-
ted to the court under paragraph (2), or 
"(E) not in accord with the procedures required by 
law.". 
SEC. 357. REMOVAL OF ANCILLARY RELIEF FOR VOLUNTARY DEPAR-
TURE. 
Section 504(k) (8 U.S.C. 1534(k)) is amended— 
(1) by redesignating paragraphs (4) and (5) as paragraphs 
(5) and (6), and 
(2) by inserting after paragraph (3) the following new para-
graph: 
"(4) voluntary departure under section 244(e);". 
SEC. 358. EFFECTIVE DATE. 
8 USC 1182 note. 
The amendments made by this subtitle shall be effective as 
if included in the enactment of subtitle A of title IV of the 
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 
104-132). 
Subtitle E—Transportation of Aliens 
SEC. 361. DEFINITION OF STOWAWAY. 
(a) STOWAWAY DEFINED.—Section 101(a) (8 U.S.C. 1101(a)), 
as amended by section 322(a)(1) of this division, is amended by 
adding at the end the following new paragraph: 
110 STAT. 3009-645 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(49) The term 'stowawa/ means any alien who obtains 
transportation without the consent of the owner, charterer, master 
or person in command of any vessel or aircraft through concealment 
aboard such vessel or aircraft. A passenger who boards with a 
valid ticket is not to be considered a stowaway.". 
8 use 1101 note. 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act. 
SEC. 362. TRANSPORTATION CONTRACTS. 
(a) COVERAGE OF NONCONTIGUOUS TERRITORY.—Section 238 (8 
U.S.C. 1228), before redesignation as section 233 under section 
308(b)(4) of this division, is amended— 
(1) in the heading, by striking "CONTIGUOUS", and 
(2) by striking "contiguous" each place it appears in sub-
sections (a), (b), and (d). 
(b) COVERAGE OF RAILROAD TRAIN.—Subsection (d) of such sec-
tion is further amended by inserting "or railroad train" after "air-
craft". 
Subtitle F—^Additional Provisions 
SEC. 371. IMMIGRATION JUDGES AND COMPENSATION. 
(a) DEFINITION OF TERM.—Paragraph (4) of section 101(b) (8 
U.S.C. 1101(b)) is amended to read as follows: 
"(4) The term 'immigration judge' means an attorney whom 
the Attorney General appoints as an administrative judge within 
the Executive Office for Immigration Review, qualified to conduct 
specified classes of proceedings, including a hearing under section 
240. An immigration judge shall be subject to such supervision 
and shall perform such duties as the Attorney Greneral shall pre-
scribe, but shall not be employed by the Immigration and Natu-
ralization Service.". 
(b) SUBSTITUTION FOR TERM "SPECIAL INQUIRY OFFICER".—^The 
Immigration and Nationality Act is amended by striking "a special 
inquiry officer", "A special inquiry officer", "special inquiry officer", 
and "special inquiry officers" and inserting "an immigration judge", 
"An immigration judge", "immigration judge", and "immigration 
judges", respectively, each place it appears in the following sections: 
(1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)), before its repeal 
by section 306(c) of this division. 
(2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)). 
(3) Section 234 (8 U.S.C. 1224), before redesignation by 
section 308(b) of this division. 
(4) Section 235 (8 U.S.C. 1225), before amendment by sec-
tion 302(a) of this division. 
(5) Section 236 (8 U.S.C. 1226), before amendment by sec-
tion 303 of this division. 
(6) Section 242(b) (8 U.S.C. 1252(b)), before amendment 
by section 306(a)(2) of this division. 
(7) Section 242B(d)(l) (8 U.S.C. 1252b(d)(l)), before repeal 
by section 306(b)(6) of this division. 
(8) Section 273(d) (8 U.S.C. 1323(d)), before its repeal by 
section 308(e)(13) of this division. 
(9) Section 292 (8 U.S.C. 1362). 
8 u s e 1103 note. 
(c) COMPENSATION FOR IMMIGRATION JUDGES.— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-646 
(1) IN GENERAL.—^There shall be four levels of pay for 
immigration judges, under the Immigration Judge Schedule 
(designated as IJ-1, 2, 3, and 4, respectively), and each such 
judge shall be paid at one of those levels, in accordance with 
the provisions of this subsection. 
(2) RATES OF PAY.— 
(A) The rates of basic pay for the levels established 
under paragraph (1) shall be as follows: 
IJ-l 
70% of the next to highest rate of basic 
pay for the Senior Executive Service 
IJ-2 
80% of the next to highest rate of basic 
pay for the Senior Executive Service 
IJ-3 
90% of the next to highest rate of basic 
pay for the Senior Executive Service 
IJ—4 
92% of the next to highest rate of basic 
pay for the Senior Executive Service. 
(B) Locality pay, where applicable, shall be calculated 
into the basic pay for immigration judges. 
(3) APPOINTMENT.— 
(A) Upon appointment, an immigration judge shall be 
paid at IJ-1, and shall be advanced to IJ-2 upon completion 
of 104 weeks of service, to IJ-3 upon completion of 104 
weeks of service in the next lower rate, and to IJ-4 upon 
completion of 52 weeks of service in the next lower rate. 
(B) Notwithstanding subparagraph (A), the Attorney 
General may provide for appointment of an immigration 
judge at an advanced rate under such circumstances as 
the Attorney Greneral may determine appropriate. 
(4) TRANSITION.—Immigration judges serving as of the 
effective date shall be paid at the rate that corresponds to 
the amount of time, as provided under paragraph (3)(A), that 
they have served as an immigration judge, and in no case 
shall be paid less after the effective date than the rate of 
pay prior to the effective date. 
(d) EFFECTIVE DATES.— 
(1) Subsections (a) and (b) shall take effect on the date SUSCHOinote. 
of the enactment of this Act. 
(2) Subsection (c) shall take effect 90 days after the date 8 USC1103 note, 
of the enactment of this Act. 
SEC. 372. DELEGATION OF IMMIGRATION ENFORCEMENT AUTHORITY. 
Section 103(a) (8 U.S.C. 1103(a)) is amended— 
(1) inserting "(1)" after "(a)", 
(2) by designating each sentence (after the first sentence) 
as a separate paragraph with appropriate consecutive number-
ing and initial indentation, 
(3) by adding at the end the following new paragraph: 
"(8) In the event the Attorney General determines that an 
actual or imminent mass influx of aliens arriving off the coast 
of the United States, or near a land border, presents urgent cir-
cumstances requiring an immediate Federal response, the Attorney 
General may authorize any State or local law enforcement officer, 
with the consent of the head of the department, agency, or establish-
ment under whose jurisdiction the individual is serving, to perform 
or exercise any of the powers, privileges, or duties conferred or 
imposed by this Act or regulations issued thereunder upon officers 
or employees of the Service.". 
110 STAT. 3009-647 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SEC. 
373. 
POWERS 
AND 
DUTIES 
OF 
THE 
ATTORNEY GENERAL 
AND 
THE 
COMMISSIONER. 
Section 103 (8 U.S.C. 1103) is amended— 
(1) by adding at the end of subsection (a) the following 
new paragraph: 
"(9) The Attorney General, in support of persons in administra-
tive detention in non-Federal institutions, is authorized— 
"(A) to make pa3anents from funds appropriated for the 
administration and enforcement of the laws relating to 
immigration, naturalization, and alien registration for nec-
essary clothing, medical care, necessary guard hire, and the 
housing, care, and security of persons detained by the Service 
pursuant to Federal law under an agreement with a State 
or political subdivision of a State; and 
"(B) to enter into a cooperative agreement with any State, 
territory, or political subdivision thereof, for the necessary 
construction, physical renovation, acquisition of equipment, 
supplies or materials required to establish acceptable conditions 
of confinement and detention services in any State or unit 
of local government which agrees to provide guaranteed bed 
space for persons detained by the Service."; and 
(2) by adding at the end of subsection (c), as redesignated 
by section 102(d)( 1) of this division, the following: "The Commis-
sioner may enter into cooperative agreements with State and 
local law enforcement agencies for the purpose of assisting 
in the enforcement of the immigration laws.". 
SEC. 374. JUDICIAL DEPORTATION. 
(a) IN GENERAL.—Section 242A(d) (8 U.S.C. 1252a(d)), as added 
by section 224(a) of Immigration and Nationality Technical Correc-
tions Act of 1994 and before redesignation by section 308(b)(5) 
of this division, is amended— 
(1) in paragraph (1), by striking "whose criminal conviction 
causes such alien to be deportable under section 241(a)(2)(A)" 
and inserting "who is deportable"; 
(2) in paragraph (4), by striking "without a decision on 
the merits"; and 
(3) by adding at the end the following new paragraph: 
"(5) STIPULATED JUDICIAL ORDER OF DEPORTATION.—The 
United States Attorney, with the concurrence of the Commis-
sioner, may, pursuant to Federal Rule of Criminal Procedure 
11, enter into a plea agreement which calls for the alien, 
who is deportable under this Act, to waive the right to notice 
and a hearing under this section, and stipulate to the entry 
of a judicial order of deportation from the United States as 
a condition of the plea agreement or as a condition of probation 
or supervised release, or both. The United States district court, 
in both felony and misdemeanor cases, and a United States 
magistrate judge in misdemeanor cases, may accept such a 
stipulation and shall have jurisdiction to enter a judicial order 
of deportation pursuant to the terms of such stipulation.". 
(b) DEPORTATION AS A CONDITION OF PROBATION.—Section 
3563(b) of title 18, United States Code, is amended— 
(1) by striking "or" at the end of paragraph (20); 
(2) by redesignating paragraph (21) as paragraph (22); 
and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-648 
(3) by inserting after paragraph (20) the following new 
paragraph: 
"(21) be ordered deported by a United States district court, 
or United States magistrate judge, pursuant to a stipulation 
entered into by the defendant and the United States under 
section 242A(d)(5) of the Immigration and Nationality Act, 
except that, in the absence of a stipulation, the United States 
district court or a United States magistrate judge, may order 
deportation as a condition of probation, if, after notice and 
hearing pursuant to such section, the Attorney General dem-
onstrates by clear and convincing evidence that the alien is 
deportable; or". 
(c) EFFECTIVE DATE.—The amendment made by subsection 
8 use 1228 note. 
(a)(2) shall be effective as if included in the enactment of section 
224(a) of the Immigration and Nationality Technical Corrections 
Act of 1994. 
SEC. 375. LIMITATION ON ADJUSTMENT OF STATUS. 
Section 245(c) (8 U.S.C. 1255(c)) is amended— 
(1) by striking "or (6)" and inserting "(6)"; and 
(2) by inserting before the period at the end the following: 
"; (7) any alien who seeks adjustment of status to that of 
an immigrant under section 203(b) and is not in a lawful 
nonimmigrant status; or (8) any alien who was employed while 
the alien was an unauthorized alien, as defined in section 
274A(h)(3), or who has otherwise violated the terms of a non-
immigrant visa". 
SEC. 376. TREATMENT OF CERTAIN FEES. 
(a) INCREASE IN FEE.—Section 245(i) (8 U.S.C. 1255(i)), as added 
by section 506(b) of Public Law 103-317, is amended— 
(1) in paragraph (1), by striking "five times the fee required 
for the processing of applications under this section" and insert-
ing "$1,000"; and 
(2) by amending paragraph (3) to read as follows: 
"(3)(A) The portion of each application fee (not to exceed $200) 
that the Attorney General determines is required to process an 
application under this section and is remitted to the Attorney 
General pursuant to paragraphs (1) and (2) of this subsection shall 
be disposed of by the Attorney General as provided in subsections 
(m), (n), and (o) of section 286. 
"(B) Any remaining portion of such fees remitted under such 
paragraphs shall be deposited by the Attorney General into the 
Immigration Detention Account established under section 286(s).". 
(b) IMMIGRATION DETENTION ACCOUNT.—Section 286 (8 U.S.C. 
1356) is amended by adding at the end the following new subsection: 
"(s) IMMIGRATION DETENTION ACCOUNT.—(1) There is estab-
lished in the general fund of the Treasury a separate account 
which shall be known as the 'Immigration Detention Account'. 
Notwithstanding any other section of this title, there shall be depos-
ited as offsetting receipts into the Immigration Detention Account 
amounts described in section 245(i)(3)(B) to remain available until 
expended, 
"(2)(A) The Secretary of the Treasury shall refund out of the 
Immigration Detention Account to any appropriation the amount 
paid out of such appropriation for expenses incurred by the Attorney 
General for the detention of aliens under sections 236(c) and 241(a). 
110 STAT. 3009-649 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(B) The amounts which are required to be refunded under 
subparagraph (A) shall be refunded at least quarterly on the basis 
of estimates made by the Attorney General of the expenses referred 
to in subparagraph (A). Proper adjustments shall be made in the 
amounts subsequently refunded under subparagraph (A) to the 
extent prior estimates were in excess of, or less than, the amount 
required to be refunded under subparagraph (A). 
"(C) The amounts required to be refunded from the Immigration 
Detention Account for fiscal year 1997 and thereafter shall be 
refunded in accordance with estimates made in the budget request 
of the Attorney General for those fiscal years. Any proposed changes 
in the amounts designated in such budget requests shall only be 
made after notification to the Committees on Appropriations of 
the House of Representatives and the Senate in accordance with 
section 605 of PubUc Law 104-134. 
"(D) The Attorney General shall prepare and submit annually 
to the Congress statements of financial condition of the Immigration 
Detention Account, including beginning account balance, revenues, 
withdrawals, and ending account balance and projection for the 
ensuing fiscal year.". 
8 use 1255 note. 
(c) EFFECTIVE DATE.—^The amendments made by this section 
shall apply to applications made on or after the end of the 90-
day period beginning on the date of the enactment of this Act. 
SEC. 377. LIMITATION ON LEGALIZATION LITIGATION. 
(a) LIMITATION ON COURT JURISDICTION.—Section 245A(f)(4) (8 
U.S.C. 1255a(f)(4)) is amended by adding- at the end the following 
new subparagraph: 
"(C) JURISDICTION OF COURTS.—Notwithstanding any 
other provision of law, no court shall have jurisdiction 
of any cause of action or claim by or on behalf of any 
person asserting an interest under this section unless such 
person in fact filed an application under this section within 
the period specified by subsection (a)(1), or attempted to 
file a complete application and application fee with an 
authorized legalization officer of the Service but had the 
application and fee refused by that officer.". 
8 use 1255a 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
i^ote- 
shall be effective as if included in the enactment of the Immigration 
Reform and Control Act of 1986. 
SEC. 378. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS. 
(a) I N GENERAL.—Section 246(a) (8 U.S.C. 1256(a)) is amended 
by adding at the end the following sentence: "Nothing in this 
subsection shall require the Attorney General to rescind the alien's 
status prior to commencement of procedures to remove the alien 
under section 240, and an order of removal issued by an immigra-
tion judge shall be sufficient to rescind the alien's status.". 
8 use 1256 note. 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
shall take effect on the title III-A effective date (as defined in 
section 309(a) of this division). 
SEC. 379. ADMINISTRATIVE REVIEW OF ORDERS. 
(a) IN GENERAL.—Sections 274A(e)(7) and 274C(d)(4) (8 U.S.C. 
1324a(e)(7), 1324c(d)(4)) are each amended— 
(1) by striking "unless, within 30 days, the Attorney Gen-
eral modifies or vacates the decision and order" and inserting 
"unless either (A) within 30 days, an official delegated by 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-650 
regulation to exercise review authority over the decision and 
order modifies or vacates the decision and order, or (B) within 
30 days of the date of such a modification or vacation (or 
within 60 days of the date of decision and order of an adminis-
trative law judge if not so modified or vacated) the decision 
and order is referred to the Attorney General pursuant to 
regulations"; and 
(2) by striking "a final order" and inserting "the final 
agency decision and order". 
(b) EFFECTIVE DATE.—^The amendments made by subsection 
(a) shall apply to orders issued on or after the date of the enactment 
of this Act. 
8 u s e 1324a 
note. 
SEC. 380. CIVIL PENALTIES FOR FAILURE TO DEPART. 
(a) IN GENERAL.—The Immigration and Nationality Act is 
amended by inserting after section 274C the following new section: 
"CIVIL PENALTIES FOR FAILURE TO DEPART 
"SEC. 274D. (a) IN GENERAL.—^Any alien subject to a final 8USCi324d. 
order of removal who— 
"(1) willfully fails or refuses to— 
"(A) depart from the United States pursuant to the 
order, 
"(B) make timely application in good faith for travel 
or other documents necessary for departure, or 
"(C) present for removal at the time and place required 
by the Attorney General; or 
"(2) conspires to or takes any action designed to prevent 
or hamper the alien's departure pursuant to the order, 
shall pay a civil penalty of not more than $500 to the Commissioner 
for each day the alien is in violation of this section. 
"(b) CONSTRUCTION.—Nothing in this section shall be construed 
to diminish or qualify any penalties to which an alien may be 
subject for activities proscribed by section 243(a) or any other 
section of this Act.". 
(b) CLERICAL AMENDMENT.—^The table of contents is amended 
by inserting after the item relating to section 274C the following 
new item: 
"Sec. 274D. Civil penalties for failure to depart.". 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) 8 use I324d 
shall apply to actions occurring on or after the title III-A effective 
°ote. 
date (as defined in section 309(a) of this division). 
SEC. 381. CLARIFICATION OF DISTRICT COURT JURISDICTION. 
(a) IN GENERAL.—Section 279 (8 U.S.C. 1329) is amended— 
(1) by amending the first sentence to read as follows: "The 
district courts of the United States shall have jurisdiction of 
all causes, civil and criminal, brought by the United States 
that arise under the provisions of this title.", and 
(2) by adding at the end the following new sentence: "Noth-
ing in this section shall be construed as providing jurisdiction 
for suits against the United States or its agencies or officers.". 
(b) EFFECTIVE DATE.—^The amendments made by subsection 
8 USC1329 note, 
(a) shall apply to actions filed after the date of the enactment 
of this Act. 
110 STAT. 3009-651 
PUBLIC LAW 104-208—SEPT. 30, 1996 
SEC. 382. APPLICATION OF ADDITIONAL CIVIL PENALTIES TO 
ENFORCEMENT. 
(a) IN GENERAL.—Subsection (b) of section 280 (8 U.S.C. 1330) 
is amended to read as follows: 
"(b)(1) There is established in the general fund of the Treasury 
a separate account which shall be known as the 'Immigration 
Enforcement Account'. Notwithstanding any other section of this 
title, there shall be deposited as offsetting receipts into the Immigra-
tion Enforcement Account amounts described in paragraph (2) to 
remain available until expended. 
"(2) The amounts described in this paragraph are the following: 
"(A) The increase in penalties collected resulting from the 
amendments made by sections 203(b) and 543(a) of the 
Immigration Act of 1990. 
"(B) Civil penalties collected under sections 240B(d), 274C, 
274D, and 275(b). 
"(3)(A) The Secretary of the Treasury shall refund out of the 
Immigration Enforcement Account to any appropriation the amount 
paid out of such appropriation for expenses incurred by the Attorney 
General for activities that enhance enforcement of provisions of 
this title. Such activities include— 
"(i) the identification, investigation, apprehension, deten-
tion, and removal of criminal aliens; 
"(ii) the maintenance and updating of a system to identify 
and track criminal aliens, deportable aliens, inadmissible 
aliens, and aliens illegally entering the United States; and 
"(iii) for the repair, maintenance, or construction on the 
United States border, in areas experiencing high levels of 
apprehensions of illegal aliens, of structures to deter illegal 
entry into the United States. 
"(B) The amounts which are required to be refunded under 
subparagraph (A) shall be refunded at least quarterly on the basis 
of estimates made by the Attorney General of the expenses referred 
to in subparagraph (A). Proper adjustments shall be made in the 
amounts subsequently refunded under subparagraph (A) to the 
extent prior estimates were in excess of, or less than, the amount 
required to be refunded under subparagraph (A). 
"(C) The amounts required to be refunded from the Immigration 
Enforcement Account for fiscal year 1996 and thereafter shall be 
refunded in accordance with estimates made in the budget request 
of the Attorney General for those fiscal years. Any proposed changes 
in the amounts designated in such budget requests shall only be 
made after notification to the Committees on Appropriations of 
the House of Representatives and the Senate in accordance with 
section 605 of PubHc Law 104-134. 
"(D) The Attorney General shall prepare and submit annually 
to the Congress statements of financial condition of the Immigration 
Enforcement Account, including beginning account balance, reve-
nues, withdrawals, and ending account balance and projection for 
the ensuing fiscal year.". 
(b) IMMIGRATION USER FEE ACCOUNT.—Section 286(h)(1)(B) (8 
U.S.C. 1356(h)(1)(B)) is amended by striking "271" and inserting 
"243(c), 271,". 
8 use 1330 note. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply to fines and penalties collected on or after the date 
of the enactment of this Act. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-652 
SEC. 383. EXCLUSION OF CERTAIN ALIENS FROM FAMILY UNITY PRO-
GRAM. 
(a) IN GENERAL.—Section 301(e) of the Immigration Act of 
1990 (8 U.S.C. 1255a note) is amended— 
(1) by striking "or" at the end of paragraph (1), 
(2) by striking the period at the end of paragraph (2) 
and inserting ", or", and 
(3) by adding at the end the following new paragraph: 
"(3) has committed an act of juvenile delinquency which 
if committed by an adult would be classified as— 
"(A) a felony crime of violence that has an element 
the use or attempted use of physical force against another 
individual, or 
"(B) a felony offense that by its nature involves a 
substantial risk that physical force against another individ-
ual may be used in the course of committing the offense.". 
(b) EFFECTIVE DATE.—The amendments made by subsection 8USCi255a 
(a) shall apply to benefits granted or extended after the date of °ote. 
the enactment of this Act. 
SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION. 
8 USC 1367. 
(a) IN GENERAL.—Except as provided in subsection (b), in no 
case may the Attorney General, or any other official or employee 
of the Department of Justice (including any bureau or agency of 
such Department)— 
(1) make an adverse determination of admissibility or 
deportability of an alien under the Immigration and Nationality 
Act using information furnished solely by— 
(A) a spouse or parent who has battered the alien 
or subjected the alien to extreme cruelty, 
(B) a member of the spouse's or parent's family residing 
in the same household as the alien who has battered the 
alien or subjected the alien to extreme cruelty when the 
spouse or parent consented to or acquiesced in such battery 
or cruelty, 
(C) a spouse or parent who has battered the alien's 
child or subjected the alien's child to extreme cruelty (with-
out the active participation of the alien in the battery 
or extreme cruelty), or 
(D) a member of the spouse's or parent's family residing 
in the same household as the alien who has battered the 
alien's child or subjected the alien's child to extreme cruelty 
when the spouse or parent consented to or acquiesced in 
such battery or cruelty and the alien did not actively 
participate in such battery or cruelty, 
unless the alien has been convicted of a crime or crimes listed 
in section 241(a)(2) of the Immigration and Nationality Act; 
or 
(2) permit use by or disclosure to anyone (other than a 
sworn officer or employee of the Department, or bureau or 
agency thereof, for legitimate Department, bureau, or agency 
purposes) of any information which relates to an alien who 
is the beneficiary of an application for relief under clause (iii) 
or (iv) of section 204(a)(1)(A), clause (ii) or (iii) of section 
204(a)(1)(B), section 216(c)(4)(C), or section 244(a)(3) of such 
Act as an alien (or the parent of a child) who has been battered 
or subjected to extreme cruelty. 
110 STAT. 3009-653 
PUBLIC LAW 104-208—SEPT. 30, 1996 
The limitation under paragraph (2) ends when the application for 
relief is denied and all opportunities for appeal of the denial have 
been exhausted. 
(b) EXCEPTIONS.— 
(1) The Attorney General may provide, in the Attorney 
Greneral's discretion, for the disclosure of information in the 
same manner and circumstances as census information may 
be disclosed by the Secretary of Commerce under section 8 
\ 
of title 13, United States Code. 
(2) The Attorney General may provide in the discretion 
of the Attorney General for the disclosure of information to 
law enforcement officials to be used solely for a legitimate 
law enforcement purpose. 
(3) Subsection (a) shall not be construed as preventing 
disclosure of information in connection with judicial review 
of a determination in a manner that protects the confidentiality 
of such information. 
(4) Subsection (a)(2) shall not apply if all the battered 
individuals in the case are adults and they have all waived 
the restrictions of such subsection. 
(c) PENALTIES FOR VIOLATIONS.—^Anyone who willfully uses, 
publishes, or permits information to be disclosed in violation of 
this section shall be subject to appropriate disciplinary action and 
subject to a civil money penalty of not more than $5,000 for each 
such violation. 
(d) CONFORMING AMENDMENTS TO OTHER DISCLOSURE RESTRIC-
TIONS.— 
8 use 1160. 
(1) IN GENERAL.—^The last sentence of section 210(b)(6) 
and the second sentence of section 245A(c)(5) (8 U.S.C. 
1255a(c)(5)) are each amended to read as follows: "Anyone 
who uses, publishes, or permits information to be examined 
in violation of this paragraph shall be subject to appropriate 
disciplinary action and subject to a civil money penalty of 
not more than $5,000 for each violation.". 
8 use 1160 note. 
(2) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to offenses occurring on or after the date 
of the enactment of this Act. 
SEC. 385. AUTHORIZATION OF ADDITIONAL FUNDS FOR REMOVAL OF 
ALIENS. 
In addition to the amounts otherwise authorized to be appro-
priated for each fiscal year beginning with fiscal year 1996, there 
are authorized to be appropriated to the Attorney 
General 
$150,000,000 for costs associated with the removal of inadmissible 
or deportable aliens, including costs of detention of such aliens 
pending their removal, the hiring of more investigators, and the 
hiring of more detention and deportation officers. 
8 use 1368. 
SEC. 386. INCREASE IN INS DETENTION FACILITIES; REPORT ON 
DETENTION SPACE. 
(a) INCREASE IN DETENTION FACILITIES.—Subject to the avail-
ability of appropriations, the Attorney General shall provide for 
an increase in the detention facilities of the Immigration and Natu-
ralization Service to at least 9,000 beds before the end of fiscal 
year 1997. 
(b) REPORT ON DETENTION SPACE.— 
(1) IN GENERAL.—Not later than 6 months after the date 
of the enactment of this Act, and every 6 months thereafter. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-654 
the Attorney General shall submit a report to the Committees 
on the Judiciary of the House of Representatives and of the 
Senate estimating the amount of detention space that will 
be required, during the fiscal year in which the report is submit-
ted and the succeeding fiscal year, to detain— 
(A) all aliens subject to detention under section 236(c) 
of the Immigration and Nationality Act (as amended by 
section 303 of this title) and section 241(a) of the Immigra-
tion and Nationality Act (as inserted by section 305(a)(3) 
of this title); 
(B) all excludable or deportable aliens subject to 
proceedings under section 238 of the Immigration and 
Nationality Act (as redesignated by section 308(b)(5) of 
this title) or section 235(b)(2)(A) or 240 of the Immigration 
and Nationality Act; and 
(C) other excludable or deportable aliens in accordance 
with the priorities established by the Attorney General. 
(2) ESTIMATE OF NUMBER OF ALIENS RELEASED INTO THE 
COMMUNITY.— 
(A) CRIMINAL ALIENS.— 
(i) IN GENERAL.—^The first report submitted under 
paragraph (1) shall include an estimate of the number 
of criminal aliens who, in each of the 3 fiscal years 
concluded prior to the date of the report— 
(I) were released from detention facilities of 
the 
Immigration 
and 
Naturalization 
Service 
(whether operated directly by the Service or 
through contract with other persons or agencies); 
or 
(II) were not taken into custody or detention 
by the Service upon completion of their incarcer-
ation. 
(ii) ALIENS CONVICTED OF AGGRAVATED FELONIES.— 
The estimate under clause (i) shall estimate separately, 
with respect to each year described in such clause, 
the number of criminal aliens described in such clause 
who were convicted of an aggravated felony. 
(B) ALL EXCLUDABLE OR DEPORTABLE ALIENS.—The first 
report submitted under paragraph (1) shall also estimate 
the number of excludable or deportable aliens who were 
released into the community due to a lack of detention 
facilities in each of the 3 fiscal years concluded prior to 
the date of the report notwithstanding circumstances that 
the Attorney General believed justified detention (for exam-
ple, a significant probability that the released alien would 
not appear, as agreed, at subsequent exclusion or deporta-
tion proceedings). 
(C) SUBSEQUENT REPORTS.—Each report under para-
graph (1) following the first such report shall include the 
estimates under subparagraphs (A) and (B), made with 
respect to the 6-month period immediately preceding the 
date of the submission of the report. 
110 STAT. 3009-655 
PUBLIC LAW 104-208—SEPT. 30, 1996 
8 u s e 1231 note. 
SEC. 387. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR 
THE 
DETENTION OF INADMISSIBLE OR DEPORTABLE 
ALIENS. 
(a) ESTABLISHMENT.—The Attorney General and the Secretary 
of Defense shall establish one or more pilot programs for up to 
2 years each to determine the feasibility of the use of military 
bases, available because of actions under a base closure law, as 
detention centers by the Immigration and Naturalization Service. 
In selecting real property at a military base for use as a detention 
center under the pilot program, the Attorney General and the 
Secretary shall consult with the redevelopment authority estab-
lished for the military base and give substantial deference to the 
redevelopment plan prepared for the military base. 
(b) REPORT.—^Not later than 30 months after the date of the 
enactment of this Act, the Attorney General, together with the 
Secretary of Defense, shall submit a report to the Committees 
on the Judiciary of the House of Representatives and of the Senate, 
and the Committees on Armed Services of the House of Representa-
tives and of the Senate, on the feasibility of using military bases 
closed under a base closure law as detention centers by the 
Immigration and Naturalization Service. 
(c) DEFINITION.—For purposes of this section, the term "base 
closure law" means each of the following: 
(1) The Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
2687 note). 
(2) Title II of the Defense Authorization Amendments and 
Base Closure and Realignment Act (Public Law 100-526; 10 
U.S.C. 2687 note). 
(3) Section 2687 of title 10, United States Code. 
(4) Any other similar law enacted after the date of the 
enactment of this Act. 
8 u s e 1231 note. 
SEC. 388. REPORT ON INTERIOR REPATRIATION PROGRAM. 
Not later than 30 months after the date of the enactment 
of this Act, the Attorney General, in consultation with the Secretary 
of State, shall submit a report to the Committees on the Judiciary 
of the House of Representatives and of the Senate on the operation 
of the program of interior repatriation developed under section 
437 of the Antiterrorism and Effective Death Penalty Act of 1996 
(Public Law 104-132). 
TITLE IV—ENFORCEMENT OF 
RESTRICTIONS AGAINST EMPLOYMENT 
8 use 1324a 
Subtitlc A—Pilot Programs for 
Employment Eligibility Confirmation 
SEC. 401. ESTABLISHMENT OF PROGRAMS. 
(a) IN GENERAL.—The Attorney General shall conduct 3 pilot 
programs of employment eligibility confirmation under this subtitle. 
(b) IMPLEMENTATION DEADLINE; TERMINATION.—The Attorney 
General shall implement the pilot programs in a manner that 
permits persons and other entities to have elections under section 
402 of this division made and in effect no later than 1 year after 
note. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-656 
the date of the enactment of this Act. Unless the Congress otherwise 
provides, the Attorney General shall terminate a pilot program 
at the end of the 4-year period beginning on the first day the 
pilot program is in effect. 
(c) SCOPE OF OPERATION OF PILOT PROGRAMS.—The Attorney 
General shall provide for the operation— 
(1) of the basic pilot program (described in section 403(a) 
of this division) in, at a minimum, 5 of the 7 States with 
the highest estimated population of aliens who are not lawfully 
present in the United States; 
(2) of the citizen attestation pilot program (described in 
section 403(b) of this division) in at least 5 States (or, if fewer, 
all of the States) that meet the condition described in section 
403(b)(2)(A) of this division; and 
(3) of the 
machine-readable-document 
pilot 
program 
(described in section 403(c) of this division) in at least 5 States 
(or, if fewer, all of the States) that meet the condition described 
in section 403(c)(2) of this division. 
(d) REFERENCES IN SUBTITLE.—In this subtitle— 
(1) PILOT PROGRAM REFERENCES.—^The terms "program" or 
"pilot program" refer to any of the 3 pilot programs provided 
for under this subtitle. 
(2) CONFIRMATION SYSTEM.—^The term "confirmation sys-
tem" means the confirmation system established under section 
404 of this division. 
(3) REFERENCES TO SECTION 274A.—^Any reference in this 
subtitle to section 274A (or a subdivision of such section) is 
deemed a reference to such section (or subdivision thereof) 
of the Immigration and Nationality Act. 
(4) 1-9 OR SIMILAR FORM.—The term "1-9 or similar form" 
means the form used for purposes of section 274A(b)(l)(A) or 
such other form as the Attorney General determines to be 
appropriate. 
(5) LIMITED APPLICATION TO RECRUITERS AND REFERRERS.— 
Any reference to recruitment or referral (or a recruiter or 
referrer) in relation to employment is deemed a reference only 
to such recruitment or referral (or recruiter or referrer) that 
is subject to section 274A(a)(l)(B)(ii). 
(6) UNITED STATES CITIZENSHIP.—The term "United States 
citizenship" includes United States nationality. 
(7) STATE.—The term "State" has the meaning given such 
term in section 101(a)(36) of the Immigration and Nationality 
Act. 
SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN A PILOT PRO-
GRAM. 
(a) VOLUNTARY ELECTION.—Subject to subsection (c)(3)(B), any 
person or other entity that conducts any hiring (or recruitment 
or referral) in a State in which a pilot program is operating may 
elect to participate in that pilot program. Except as specifically 
provided in subsection (e), the Attorney General may not require 
any person or other entity to participate in a pilot program. 
(b) BENEFIT OF REBUTTABLE PRESUMPTION.— 
(1) IN GENERAL.—If a person or other entity is participating 
in a pilot program and obtains confirmation of identity and 
employment eligibility in compliance with the terms and condi-
tions of the program with respect to the hiring (or recruitment 
110 STAT. 3009-657 
PUBLIC LAW 104-208—SEPT. 30, 1996 
or referral) of an individual for employment in the United 
States, the person or entity has established a rebuttable 
presumption that the person or entity has not violated section 
274A(a)(l)(A) with respect to such hiring (or such recruitment 
or referral). 
(2) CONSTRUCTION.—Paragraph (1) shall not be construed 
as preventing a person or other entity that has an election 
in effect under subsection (a) from establishing an affirmative 
defense under section 274A(a)(3) if the person or entity complies 
with the requirements of section 274A(a)(l)(B) but fails to 
obtain confirmation under paragraph (1). 
(c) GENERAL TERMS OF ELECTIONS.— 
(1) IN GENERAL.—^An election under subsection (a) shall 
be in such form and manner, under such terms and conditions, 
and shall take effect, as the Attorney General shall specify. 
The Attorney General may not impose any fee as a condition 
of making an election or participating in a pilot program. 
(2) SCOPE OF ELECTION.— 
(A) IN GENERAL.—Subject to paragraph (3), any electing 
person or other entity may provide that the election under 
subsection (a) shall apply (during the period in which the 
election is in effect)— 
(i) to all its hiring (and all recruitment or referral) 
in the State (or States) in which the pilot program 
is operating, or 
(ii) to its hiring (or recruitment or referral) in 
one or more pilot program States or one or more places 
of hiring (or recruitment or referral, as the case may 
be) in the pilot program States. 
(B) APPLICATION OF PROGRAMS IN NON-PILOT PROGRAM 
STATES.—In addition, the Attorney General may permit 
a person or entity electing— 
(i) the basic pilot program (described in section 
403(a) of this division) to provide that the election 
applies to its hiring (or recruitment or referral) in 
one or more States or places of hiring (or recruitment 
or referral) in which the pilot program is not otherwise 
operating, or 
(ii) the citizen attestation pilot program (described 
in 403(b) of this division) or the machine-readable-
document pilot program (described in section 403(c) 
of this division) to provide that the election applies 
to its hiring (or recruitment or referral) in one or 
more States or places of hiring (or recruitment or refer-
ral) in which the pilot program is not otherwise operat-
ing but only if such States meet the requirements 
of 403(b)(2)(A) and 403(c)(2) of this division, respec-
tively. 
(3) ACCEPTANCE AND REJECTION OF ELECTIONS.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), the Attorney General shall accept all elections made 
under subsection (a). 
(B) REJECTION OF ELECTIONS.—The Attorney General 
may reject an election by a person or other entity under 
this section or limit its applicability to certain States or 
places of hiring (or recruitment or referral) if the Attorney 
General 
has 
determined 
that 
there 
are 
insufficient 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-658 
resources to provide appropriate services under a pilot 
program for the person's or entit)^s hiring (or recruitment 
or referral) in any or all States or places of hiring. 
(4) TERMINATION OF ELECTIONS.—^The Attorney General 
may terminate an election by a person or other entity under 
this section because the person or entity has substantially 
failed to comply with its obligations under the pilot program. 
A person or other entity may terminate an election in such 
form and manner as the Attorney General shall specify. 
(d) CONSULTATION, EDUCATION, AND PUBLICITY.— 
(1) CONSULTATION.,—^The Attorney General shall closely 
consult with representatives of employers (and recruiters and 
referrers) in the development and implementation of the pilot 
programs, including the education of employers (and recruiters 
and referrers) about such programs. 
(2) PUBLICITY.—^The Attorney General shall widely pub-
licize the election process and pilot programs, including the 
voluntary nature of the pilot programs and the advantages 
to employers (and recruiters and referrers) of making an elec-
tion under this section. 
(3) ASSISTANCE THROUGH DISTRICT OFFICES.—The Attorney 
General shall designate one or more individuals in each District 
office of the Immigration and Naturalization Service for a Serv-
ice District in which a pilot program is being implemented— 
(A) to inform persons and other entities that seek 
information about pilot programs of the voluntary nature 
of such programs, and 
(B) to assist persons and other entities in electing 
and participating in any pilot programs in effect in the 
District, in compl)dng with the requirements of section 
274A, and in facilitating confirmation of the identity and 
emplojmient eligibility of individuals consistent with such 
section. 
(e) SELECT ENTITIES REQUIRED TO PARTICIPATE IN A PILOT 
PROGRAM.— 
(1) FEDERAL GOVERNMENT.— 
(A) EXECUTIVE DEPARTMENTS.— 
(i) IN GENERAL.—Each Department of the Federal 
Government shall elect to participate in a pilot pro-
gram and shall comply with the terms and conditions 
of such an election. 
(ii) ELECTION.—Subject to clause (iii), the Secretary 
of each such Department— 
(I) shall elect the pilot program (or programs) 
in which the Department shall participate, and 
(II) may limit the election to hiring occurring 
in certain States (or geographic areas) covered by 
the program (or programs) and in specified divi-
sions within the Department, so long as all hiring 
by such divisions and in such locations is covered. 
(iii) ROLE OF ATTORNEY GENERAL.—The Attorney 
General shall assist and coordinate elections under 
this subparagraph in such manner as assures that— 
(I) a significant portion of the total hiring 
within each Department within States covered by 
a pilot program is covered under such a program, 
and 
110 STAT. 3009-659 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(II) there is significant participation by the 
Federal Executive branch in each of the pilot pro-
grams. 
(B) LEGISLATIVE BRANCH.—Each Member of Congress, 
each officer of Congress, and the head of each agency 
of the legislative branch, that conducts hiring in a State 
in which a pilot program is operating shall elect to partici-
pate in a pilot program, may specify which pilot program 
or programs (if there is more than one) in which the Mem-
ber, officer, or agency will participate, and shall comply 
with the terms and conditions of such an election. 
(2) APPLICATION TO CERTAIN VIOLATORS.—An order under 
section 274A(e)(4) or section 274B(g) of the Immigration and 
Nationality Act may require the sulDJect of the order to partici-
pate in, and comply with the terms of, a pilot program with 
respect to the subject's hiring (or recruitment or referral) of 
individuals in a State covered by such a program. 
(3) CONSEQUENCE OF FAILURE TO PARTICIPATE.—If a person 
or other entity is required under this subsection to participate 
in a pilot program and fails to comply with the requirements 
of such program with respect to an individual— 
(A) such failure shall be treated as a violation of section 
274A(a)(l)(B) with respect to that individual, and 
(B) a rebuttable presumption is created that the person 
or entity has violated section 274A(a)(l)(A). 
Subparagraph (B) shall not apply in any prosecution under 
section 274A(f)(l). 
(f) CONSTRUCTION.—^This subtitle shall not affect the authority 
of the Attorney General under any other law (including section 
274A(d)(4)) to conduct demonstration projects in relation to section 
274A. 
SEC. 403. PROCEDURES FOR PARTICIPANTS IN PILOT PROGRAMS. 
(a) BASIC PILOT PROGRAM.—^A person or other entity that elects 
to participate in the basic pilot program described in this subsection 
agrees to conform to the following procedures in the case of the 
hiring (or recruitment or referral) for employment in the United 
States of each individual covered by the election: 
(1) PROVISION OF ADDITIONAL INFORMATION.—The person 
or entity shall obtain from the individual (and the individual 
shall provide) and shall record on the 1-9 or similar form— 
(A) the individual's social security account number, 
if the individual has been issued such a number, and 
(B) if the individual does not attest to United States 
citizenship under section 274A(b)(2), such identification or 
authorization number established by the Immigration and 
Naturalization Service for the alien as the Attorney General 
shall specify, 
and shall retain the original form and make it available for 
inspection for the period and in the manner required of I-
9 forms under section 274A(b)(3). 
(2) PRESENTATION OF DOCUMENTATION.— 
(A) IN GENERAL.—^The person or other entity, and the 
individual whose identity and employment eligibility are 
being confirmed, shall, subject to subparagraph (B), fulfill 
the requirements of section 274A(b) with the following 
modifications: 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-660 
(i) 
A 
document 
referred 
to 
in 
section 
274A(b)(l)(B)(ii) (as redesignated by section 412(a) of 
this division) must be designated by the Attorney Gen-
eral as suitable for the purpose of identification in 
a pilot program. 
(ii) A document referred to in section 274A(b)(l)(D) 
must contain a photograph of the individual. 
(iii) The person or other entity has complied with 
the requirements of section 274A(b)(l) with respect 
to examination of a document if the document reason-
ably appears on its face to be genuine and it reasonably 
appears to pertain to the individual whose identity 
and work eligibility is being confirmed. 
(B) LIMITATION OF REQUIREMENT TO EXAMINE DOCU-
MENTATION.—If the Attorney General finds that a pilot 
program would reliably determine with respect to an 
individual whether— 
(i) the person with the identity claimed by the 
individual is authorized to work in the United States, 
and 
(ii) the individual is claiming the identity of 
another person, 
if a person or entity could fulfill the requirement to examine 
documentation contained in subparagraph (A) of section 
274A(b)(l) by examining a document specified in either 
subparagraph (B) or (D) of such section, the Attorney Gen-
eral may provide that, for purposes of such requirement, 
only such a document need be examined. In such case, 
any reference in section 274A(b)( 1)(A) to a verification that 
an individual is not an unauthorized alien shall be deemed 
to be a verification of the individual's identity. 
(3) SEEKING CONFIRMATION.— 
(A) IN GENERAL.—^The person or other entity shall 
make an inquiry, as provided in section 404(a)(1) of this 
division, using the confirmation system to seek confirma-
tion of the identity and employment eligibility of an individ-
ual, by not later than the end of 3 working days (as 
specified by the Attorney General) after the date of the 
hiring (or recruitment or referral, as the case may be). 
(B) EXTENSION OF TIME PERIOD.—If the person or other 
entity in good faith attempts to make an inquiry during 
such 3 working days and the confirmation system has 
registered that not all inquiries were received during such 
time, the person or entity can make an inquiry in the 
first subsequent working day in which the confirmation 
system registers that it has received all inquiries. If the 
confirmation system cannot receive inquiries at all times 
during a day, the person or entity merely has to assert 
that the entity attempted to make the inquiry on that 
day for the previous sentence to apply to such an inquiry, 
and does not have to provide any additional proof concern-
ing such inquiry. 
(4) CONFIRMATION OR NONCONFIRMATION.— 
(A) CONFIRMATION UPON INITIAL INQUIRY.—If the per-
son or other entity receives an appropriate confirmation 
of an individual's identity and work eligibility under the 
confirmation system within the time period specified under 
110 STAT. 3009-661 
PUBLIC LAW 104-208—SEPT. 30, 1996 
section 404(b) of this division, the person or entity shall 
record on the 1-9 or similar form an appropriate code 
that is provided under the system and that indicates a 
final confirmation of such identity and work eligibility of 
the individual. 
(B) NONCONFIRMATION UPON INITIAL INQUIRY AND 
SECONDARY VERIFICATION.— 
(i) NONCONFIRMATION.—If the person or other 
entity receives a tentative nonconfirmation of an 
individual's identity or work eligibility under the con-
firmation system within the time period specified under 
404(b) of this division, the person or entity shall so 
inform the individual for whom the confirmation is 
sought. 
(ii) No CONTEST.—If the individual does not contest 
the nonconfirmation within the time period specified 
in section 404(c) of this division, the nonconfirmation 
shall be considered final. The person or entity shall 
then record on the 1-9 or similar form an appropriate 
code which has been provided under the system to 
indicate a tentative nonconfirmation. 
(iii) CONTEST.—If the individual does contest the 
nonconfirmation, the individual shall utilize the proc-
ess for secondary verification provided under section 
404(c) of this division. The nonconfirmation will remain 
tentative until a final confirmation or nonconfirmation 
is provided by the confirmation system within the time 
period specified in such section. In no case shall an 
employer terminate emplo3nment of an 
individual 
because of a failure of the individual to have identity 
and work eligibility confirmed under this section until 
a nonconfirmation becomes final. Nothing in this clause 
shall apply to a termination of employment for any 
reason other than because of such a failure. 
(iv) 
RECORDING OF CONCLUSION ON FORM.—If a 
final confirmation or nonconfirmation is provided by 
the confirmation system under section 404(c) of this 
division regarding an individual, the person or entity 
shall record on the 1-9 or similar form an appropriate 
code that is provided under the system and that 
indicates a confirmation or nonconfirmation of identity 
and work eligibility of the individual. 
(C) CONSEQUENCES OF NONCONFIRMATION.— 
(i) TERMINATION OR NOTIFICATION OF CONTINUED 
EMPLOYMENT.—If the person or other entity has 
received a final nonconfirmation regarding an individ-
ual under subparagraph (B), the person or entity may 
terminate employment (or recruitment or referral) of 
the individual. If the person or entity does not termi-
nate employment (or recruitment or referral) of the 
individual, the person or entity shall notify the Attor-
ney General of such fact through the confirmation sys-
tem or in such other manner as the Attorney General 
may specify. 
(ii) FAILURE TO NOTIFY.—If the person or entity 
fails to provide notice with respect to an individual 
as required under clause (i), the failure is deemed 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-662 
to constitute a violation of section 274A(a)(l)(B) with 
respect to that individual and the applicable civil mone-
tary penalty under section 274A(e)(5) shall be (notwith-
standing the amounts specified in such section) no 
less than $500 and no more than $1,000 for each 
individual 
with respect to whom such 
violation 
occurred. 
(iii) 
CONTINUED EMPLOYMENT AFTER FINAL NON-
CONFIRMATION.—If the person or other entity continues 
to employ (or to recruit or refer) an individual after 
receiving final nonconfirmation, a rebuttable presump-
tion is created that the person or entity has violated 
section 274A(a)(l)(A). The previous sentence shall not 
apply in any prosecution under section 274A(f)(l). 
(b) CITIZEN ATTESTATION PILOT PROGRAM.— 
(1) IN GENERAL.—Except as provided in paragraphs (3) 
through (5), the procedures applicable under the citizen attesta-
tion pilot program under this subsection shall be the same 
procedures as those under the basic pilot program under sub-
section (a). 
(2) RESTRICTIONS.— 
(A) STATE DOCUMENT REQUIREMENT TO PARTICIPATE IN 
PILOT PROGRAM.—The Attorney General may not provide 
for the operation of the citizen attestation pilot program 
in a State unless each driver's license or similar identifica-
tion document described in section 274A(b)(l)(D)(i) issued 
by the State— 
(i) contains a photograph 
of the 
individual 
involved, and 
(ii) has been determined by the Attorney General 
to have security features, and to have been issued 
through application and issuance procedures, which 
make such document sufficiently resistant to counter-
feiting, tampering, and fraudulent use that it is a 
reliable means of identification for purposes of this 
section. 
(B) 
AUTHORIZATION TO LIMIT EMPLOYER PARTICIPA-
TION.—^The Attorney General may restrict the number of 
persons or other entities that may elect to participate in 
the citizen attestation pilot program under this subsection 
as the Attorney General determines to be necessary to 
produce a representative sample of employers and to reduce 
the potential impact of fraud. 
(3) No CONFIRMATION REQUIRED FOR CERTAIN INDIVIDUALS 
ATTESTING TO U.S. CITIZENSHIP.—In the case of a person or 
other entity hiring (or recruiting or referring) an individual 
under the citizen attestation pilot program, if the individual 
attests to United States citizenship (under penalty of perjury 
on an 1-9 or similar form which form states on its face the 
criminal and other penalties provided under law for a false 
representation of United States citizenship)— 
(A) the person or entity may fulfill the requirement 
to examine documentation contained in subparagraph (A) 
of section 274A(b)(l) by examining a document specified 
in either subparagraph (B)(i) or (D) of such section; and 
(B) the person or other entity is not required to comply 
with respect to such individual with the procedures 
110 STAT. 3009-663 
PUBLIC LAW 104-208—SEPT. 30, 1996 
described in paragraphs (3) and (4) of subsection (a), but 
only if the person or entity retains the form and makes 
it available for inspection in the same manner as in the 
case of an 1-9 form under section 274A(b)(3). 
(4) WAIVER OF DOCUMENT PRESENTATION REQUIREMENT IN 
CERTAIN CASES.— 
(A) IN GENERAL.—In the case of a person or entity 
that elects, in a manner specified by the Attorney General 
consistent with subparagraph (B), to participate in the 
pilot program under this paragraph, if an individual being 
hired (or recruited or referred) attests (in the manner 
described in paragraph (3)) to United States citizenship 
and the person or entity retains the form on which the 
attestation is made and makes it available for inspection 
in the same manner as in the case of an 1-9 form under 
section 274A(b)(3), the person or entity is not required 
to comply with the procedures described in section 274A(b). 
(B) RESTRICTION.—The Attorney General shall restrict 
the election under this paragraph to no more than 1,000 
employers and, to the extent practicable, shall select among 
employers seeking to make such election in a manner that 
provides for such an election by a representative sample 
of employers. 
(5) NONREVIEWABLE DETERMINATIONS.—The determinations 
of the Attorney General under paragraphs (2) and (4) are 
within the discretion of the Attorney General and are not 
subject to judicial or administrative review. 
(c) MACHINE-READABLE-DOCUMENT PILOT PROGRAM.— 
(1) IN GENERAL.—Except as provided in paragraph (3), the 
procedures applicable under the machine-readable-document 
pilot program under this subsection shall be the same proce-
dures as those under the basic pilot program under subsection 
(a). 
(2) STATE DOCUMENT REQUIREMENT TO PARTICIPATE IN PILOT 
PROGRAM.—The Attorney General may not provide for the oper-
ation of the machine-readable-document pilot program in a 
State unless driver's licenses and similar identification docu-
ments described in section 274A(b)(l)(D)(i) issued by the State 
include a machine-readable social security account number. 
(3) USE OF MACHINE-READABLE DOCUMENTS.—If the individ-
ual whose identity and employment eligibility must be con-
firmed presents to the person or entity hiring (or recruiting 
or referring) the individual a license or other document 
described in paragraph (2) that includes a machine-readable 
social security account number, the person or entity must make 
an inquiry through the confirmation system by using a 
machine-readable feature of such document. If the individual 
does not attest to United States citizenship under section 
274A(b)(2), the individual's identification or authorization num-
ber described in subsection (a)(1)(B) shall be provided as part 
of the inquiry. 
(d) PROTECTION FROM LIABILITY FOR ACTIONS TAKEN ON THE 
BASIS OF INFORMATION PROVIDED BY THE CONFIRMATION SYSTEM.— 
No person or entity participating in a pilot program shall be civilly 
or criminally liable under any law for any action taken in good 
faith reliance on information provided through the confirmation 
system. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-664 
SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM. 
(a) IN GENERAL.—^The Attorney Greneral shall establish a pilot 
program confirmation system through which the Attorney General 
(or a designee of the Attorney General, which may be a nongovern-
mental entity)— 
(1) responds to inquiries made by electing persons and 
other entities (including those made by the transmittal of data 
from machine-readable documents under the machine-readable 
pilot program) at any time through a toll-free telephone line 
or other toll-free electronic media concerning an individual's 
identity and whether the individual is authorized to be 
employed, and 
(2) maintains records of the inquiries that were made, 
of confirmations provided (or not provided), and of the codes 
provided to inquirers as evidence of their compliance with their 
obligations under the pilot programs. 
To the extent practicable, the Attorney General shall seek to estab-
lish such a system using one or more nongovernmental entities. 
(b) INITIAL RESPONSE.—The confirmation system shall provide 
confirmation or a tentative nonconfirmation of an individual's iden-
tity and emplojmient eligibility within 3 working days of the initial 
inquiry. If providing confirmation or tentative nonconfirmation, the 
confirmation system shall provide an appropriate code indicating 
such confirmation or such nonconfirmation. 
(c) SECONDARY VERIFICATION PROCESS IN CASE OF TENTATIVE 
NONCONFIRMATION.—In cases of tentative nonconfirmation, the 
Attorney General shall specify, in consultation with the Commis-
sioner of Social Security and the Commissioner of the Immigration 
and Naturalization Service, an available secondary verification proc-
ess to confirm the validity of information provided and to provide 
a final confirmation or nonconfirmation within 10 working days 
after the date of the tentative nonconfirmation. When final con-
firmation or nonconfirmation is provided, the confirmation system 
shall provide an appropriate code indicating such confirmation or 
nonconfirmation. 
(d) DESIGN AND OPERATION OF SYSTEM.—The confirmation sys-
tem shall be designed and operated— 
(1) to maximize its reliability and ease of use by persons 
and other entities making elections under section 402(a) of 
this division consistent with insulating and protecting the pri-
vacy and security of the underlying information; 
(2) to respond to all inquiries made by such persons and 
entities on whether individuals are authorized to be employed 
and to register all times when such inquiries are not received; 
(3) with appropriate administrative, technical, and physical 
safeguards to prevent unauthorized disclosure of personal 
information; and 
(4) to have reasonable safeguards against the system's 
resulting in unlawful discriminatory practices based on national 
origin or citizenship status, including— 
(A) the selective or unauthorized use of the system 
to verify eligibility; 
(B) the use of the system prior to an offer of employ-
ment; or 
(C) the exclusion of certain individuals from consider-
ation for emplo3nTient as a result of a perceived likelihood 
110 STAT. 3009-665 
PUBLIC LAW 104-208—SEPT. 30, 1996 
that additional verification will be required, beyond what 
is required for most job applicants. 
(e) RESPONSIBILITIES OF THE COMMISSIONER OF SOCIAL SECU-
RITY.—^As part of the confirmation system, the Commissioner of 
Social Security, in consultation with the entity responsible for 
administration of the system, shall establish a reliable, secure 
method, which, within the time periods specified under subsections 
(b) and (c), compares the name and social security account number 
provided in an inquiry against such information maintained by 
the Commissioner in order to confirm (or not confirm) the validity 
of the information provided regarding an individual whose identity 
and employment eligibility must be confirmed, the correspondence 
of the name and number, and whether the individual has presented 
a social security account number that is not valid for emplo5mient. 
The Commissioner shall not disclose or release social security 
information (other than such confirmation or nonconfirmation). 
(f) RESPONSIBILITIES OF THE COMMISSIONER OF THE IMMIGRA-
TION AND NATURALIZATION SERVICE.—As part of the confirmation 
system, the Commissioner of the Immigration and Naturalization 
Service, in consultation with the entity responsible for administra-
tion of the system, shall establish a reliable, secure method, which, 
within the time periods specified under subsections (b) and (c), 
compares the name and alien identification or authorization number 
described in section 403(a)( 1)(B) of this division which are provided 
in an inquiry against such information maintained by the Commis-
sioner in order to confirm (or not confirm) the validity of the 
information provided, the correspondence of the name and number, 
and whether the alien is authorized to be employed in the United 
States. 
(g) UPDATING INFORMATION.—^The Commissioners of Social 
Security and the Immigration and Naturalization Service shall 
update their information in a manner that promotes the maximum 
accuracy and shall provide a process for the prompt correction 
of erroneous information, including instances in which it is brought 
to their attention in the secondary verification process described 
in subsection (c). 
(h) LIMITATION ON USE OF THE CONFIRMATION SYSTEM AND 
ANY RELATED SYSTEMS.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, nothing in this subtitle shall be construed to permit or 
allow any department, bureau, or other agency of the United 
States Government to utilize any information, data base, or 
other records assembled under this subtitle for any other pur-
pose other than as provided for under a pilot program. 
(2) N O NATIONAL IDENTIFICATION CARD.—Nothing in this 
subtitle shall be construed to authorize, directly or indirectly, 
the issuance or use of national identification cards or the 
establishment of a national identification card. 
SEC. 405. REPORTS. 
" 
The Attorney General shall submit to the Committees on the 
Judiciary of the House of Representatives and of the Senate reports 
on the pilot programs within 3 months after the end of the third 
and fourth years in which the programs are in effect. Such reports 
shall— 
(1) assess the degree of fraudulent attesting of United 
States citizenship. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-666 
(2) include recommendations on whether or not the pilot 
programs should be continued or modified, and 
(3) assess the benefits of the pilot programs to employers 
and the degree to which they assist in the enforcement of 
section 274A. 
Subtitle B—Other Provisions Relating to 
Employer Sanctions 
SEC. 411. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS 
OF PAPERWORK REQUIREMENTS. 
(a) IN GENERAL.—Section 274A(b) (8 U.S.C. 1324a(b)) is amend-
ed by adding at the end the following new paragraph: 
"(6) GOOD FAITH COMPLIANCE.— 
"(A) IN GENERAL.—Except as provided in subpara-
graphs (B) and (C), a person or entity is considered to 
have complied with a requirement of this subsection not-
withstanding a technical or procedural failure to meet such 
requirement if there was a good faith attempt to comply 
with the requirement. 
"(B) 
EXCEPTION 
IF 
FAILURE 
TO 
CORRECT 
AFTER 
NOTICE.—Subparagraph (A) shall not apply if— 
"(i) the Service (or another enforcement agency) 
has explained to the person or entity the basis for 
the failure, 
"(ii) the person or entity has been provided a period 
of not less than 10 business days (beginning after 
the date of the explanation) within which to correct 
the failure, and 
"(iii) the person or entity has not corrected the 
failure voluntarily within such period. 
"(C) 
EXCEPTION FOR PATTERN OR PRACTICE 
VIOLA-
TORS.—Subparagraph (A) shall not apply to a person or 
entity that has or is engaging in a pattern or practice 
of violations of subsection (a)(1)(A) or (a)(2).". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 8 USC I324a 
shall apply to failures occurring on or after the date of the enact- note, 
ment of this Act. 
SEC. 412. PAPERWORK AND OTHER CHANGES IN THE EMPLOYER SANC-
TIONS PROGRAM. 
(a) REDUCING THE Ni:nviBER OF DOCUMENTS ACCEPTED FOR 
EMPLOYMENT 
VERIFICATION.—Section 
274A(b)(l) 
(8 
U.S.C. 
1324a(b)(l)) is amended— 
(1) in subparagraph (B)— 
(A) by striking clauses (ii) through (iv), 
(B) in clause (v), by striking "or other alien registration 
card, if the card" and inserting ", alien registration card, 
or other document designated by the Attorney General, 
if the document" and redesignating such clause as clause 
(ii), and 
(C) in clause (ii), as so redesignated— 
(i) in subclause (I), by striking "or" before "such 
other personal identifying information" and inserting 
"and", 
(ii) by striking "and" at the end of subclause (I), 
110 STAT. 3009-667 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(iii) by striking the period at the end of subclause 
(II) and inserting ", and", and 
(iv) by adding at the end the following new sub-
clause: 
"(III) contains security features to make it 
resistant to tampering, counterfeiting, and fraudu-
lent use."; 
(2) in subparagraph (C)— 
(A) by adding "or" at the end of clause (i), 
(B) by striking clause (ii), and 
(C) by redesignating clause (iii) as clause (ii); and 
(3) by adding at the end the following new subparagraph: 
"(E) AUTHORITY TO PROHIBIT USE OF CERTAIN DOCU-
MENTS.—If the Attorney General finds, by regulation, that 
any document described in subparagraph (B), (C), or (D) 
as establishing employment authorization or identity does 
not reliably establish such authorization or identity or is 
being used fraudulently to an unacceptable degree, the 
Attorney General may prohibit or place conditions on its 
use for purposes of this subsection.", 
(b) REDUCTION OF PAPERWORK FOR CERTAIN EMPLOYEES.—Sec-
tion 274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the 
end the following new paragraph: 
"(6) TREATMENT OF DOCUMENTATION FOR CERTAIN EMPLOY-
EES.— 
"(A) IN GENERAL.—For purposes of this section, if— 
"(i) an individual is a member of a collective-
bargaining unit and is employed, under a collective 
bargaining agreement entered into between one or 
more employee organizations and an association of two 
or more employers, by an employer that is a member 
of such association, and 
"(ii) within the period specified in subparagraph 
(B), another employer that is a member of the associa-
tion (or an agent of such association on behalf of the 
employer) has complied with the requirements of sub-
section (b) with respect to the employment of the 
individual, 
the subsequent employer shall be deemed to have complied 
with the requirements of subsection (b) with respect to 
the hiring of the employee and shall not be liable for 
civil penalties described in subsection (e)(5). 
"(B) PERIOD.—^The period described in this subpara-
graph is 3 years, or, if less, the period of time that the 
individual is authorized to be employed in the United 
States. 
"(C) LIABILITY.— 
"(i) IN GENERAL.—If any employer that is a member 
of an association hires for employment in the United 
States an individual and relies upon the provisions 
of subparagraph (A) to comply with the requirements 
of subsection (b) and the individual is an alien not 
authorized to work in the United States, then for the 
purposes of paragraph (1)(A), subject to clause (ii), 
the employer shall be presumed to have known at 
the time of hiring or E^terward that the individual 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-668 
was an alien not authorized to work in the United 
States. 
"(ii) REBUTTAL OF PRESUMPTION.—The presump-
tion estabhshed by clause (i) may be rebutted by the 
employer only through the presentation of clear and 
convincing evidence that the employer did not know 
(and could not reasonably have known) that the 
individual at the time of hiring or afterward was an 
alien not authorized to work in the United States. 
"(iii) EXCEPTION.—Clause (i) shall not apply in any 
prosecution under subsection (f)(1).". 
(c) ELIMINATION OF DATED PROVISIONS.—Section 274A (8 U.S.C. 
1324a) is amended by striking subsections (i) through (n). 
(d) CLARIFICATION OF APPLICATION TO FEDERAL GOVERNMENT.— 
Section 274A(a) (8 U.S.C, 1324a(a)), as amended by subsection 
(b), is amended by adding at the end the following new paragraph: 
"(7) APPLICATION TO FEDERAL GOVERNMENT.—For purposes 
of this section, the term 'entity' includes an entity in any 
branch of the Federal Government.". 
(e) EFFECTIVE DATES.— 
(1) The amendments made by subsection (a) shall apply 
with respect to hiring (or recruitment or referral) occurring 
on or after such date (not later than 12 months after the 
date of the enactment of this Act) as the Attorney General 
shall designate. 
(2) The amendment made by subsection (b) shall apply 
to individuals hired on or after 60 days after the date of 
the enactment of this Act. 
(3) The amendment made by subsection (c) shall take effect 
on the date of the enactment of this Act. 
(4) The amendment made by subsection (d) applies to hiring 
occurring before, on, or after the date of the enactment of 
this Act, but no penalty shall be imposed under subsection 
(e) or (f) of section 274A of the Immigration and Nationality 
Act for such hiring occurring before such date. 
SEC. 413. REPORT ON ADDITIONAL AUTHORITY OR RESOURCES 
NEEDED FOR ENFORCEMENT OF EMPLOYER SANCTIONS 
PROVISIONS. 
(a) IN GENERAL.—^Not later than 1 year after the date of the 
enactment of this Act, the Attorney General shall submit to the 
Committees on the Judiciary of the House of Representatives and 
of the Senate a report on any additional authority or resources 
needed— 
(1) by the Immigration and Naturalization Service in order 
to enforce section 274A of the Immigration and Nationality 
Act, or 
(2) by Federal agencies in order to carry out the Executive 
Order of February 13, 1996 (entitled "Economy and Efficiency 
in Government Procurement Through Compliance with Certain 
Immigration and Naturalization Act Provisions") and to expand 
the restrictions in such order to cover agricultural subsidies, 
grants, job training programs, and other Federally subsidized 
assistance programs. 
(b) REFERENCE TO INCREASED AUTHORIZATION OF APPROPRIA-
TIONS.—For provision increasing the authorization of appropriations 
8 u s e 1324a 
note. 
8 u s e 1324a 
note. 
110 STAT. 3009-669 
PUBLIC LAW 104-208—SEPT. 30, 1996 
for investigators for violations of sections 274 and 274A of the 
Immigration and Nationality Act, see section 131 of this division. 
SEC. 414. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO 
WORK 
(a) IN GENERAL.—Subsection (c) of section 290 (8 U.S.C. 1360) 
is amended to read as follows: 
"(c)(1) Not later than 3 months after the end of each fiscal 
year (beginning with fiscal year 1996), the Commissioner of Social 
Security shall report to the Committees on the Judiciary of the 
House of Representatives and the Senate on the aggregate quantity 
of social security account numbers issued to aliens not authorized 
to be employed, with respect to which, in such fiscal year, earnings 
were reported to the Social Security Administration. 
"(2) If earnings are reported on or after January 1, 1997, 
to the Social Security Administration on a social security account 
number issued to an alien not authorized to work in the United 
States, the Commissioner of Social Security shall provide the Attor-
ney General with information regarding the name and address 
of the alien, the name and address of the person reporting the 
earnings, and the amount of the earnings. The information shall 
be provided in an electronic form agreed upon by the Commissioner 
and the Attorney General.". 
8 use 1360 note. 
(b) REPORT ON FRAUDULENT USE OF SOCIAL SECURITY ACCOUNT 
NUMBERS.—^The Commissioner of Social Security shall transmit 
to the Attorney General, by not later than 1 year after the date 
of the enactment of this Act, a report on the extent to which 
social security account numbers and cards are used by aliens for 
fraudulent purposes. 
SEC. 415. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION 
ON ALIENS. 
Section 264 (8 U.S.C. 1304) is amended by adding at the end 
the following new subsection: 
"(f) Notwithstanding any other provision of law, the Attorney 
General is authorized to require any alien to provide the alien's 
social security account number for purposes of inclusion in any 
record of the alien maintained by the Attorney Greneral or the 
Service.". 
SEC. 416. SUBPOENA AUTHORITY. 
Section 274A(e)(2) (8 U.S.C. 1324a(e)(2)) is amended— 
(1) by striking "and" at the end of subparagraph (A); 
(2) by striking the period at the end of subparagraph (B) 
and inserting ", and"; and 
(3) by inserting after subparagraph (B) the following: 
"(C) immigration officers designated by the Commis-
sioner may compel by subpoena the attendance of witnesses 
and the production of evidence at any designated place 
prior to the filing of a complaint in a case under paragraph 
(2).". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-670 
Subtitle C—Unfair Immigration-Related 
Employment Practices 
SEC. 421. TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS 
UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRAC-
TICES. 
(a) IN GENERAL.—Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is 
amended— 
(1) by striking "For purposes of paragraph (1), a" and 
inserting "A"; and 
(2) by striking "relating to the hiring of individuals" and 
inserting the following: "if made for the purpose or with the 
intent of discriminating against an individual in violation of 
paragraph (1)". 
(b) EFFECTIVE DATE.—^The amendments made by subsection 8USCi324b 
(a) shall apply to requests made on or after the date of the enact- "lote-
ment of this Act. 
TITLE V—RESTRICTIONS ON BENEFITS 
FOR ALIENS 
Subtitle A—Eligibility of Aliens for Public 
Assistance and Benefits 
SEC. 501. EXCEPTION TO INELIGIBILITY FOR PUBLIC BENEFITS FOR 
CERTAIN BATTERED ALIENS. 
Section 431 of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1641) is amended by 
adding at the end the following new subsection: 
"(c) TREATMENT OF CERTAIN BATTERED ALIENS AS QUALIFIED 
ALIENS.—For purposes of this title, the term 'qualified alien' 
includes— 
"(1) an alien who— 
"(A) has been battered or subjected to extreme cruelty 
in the United States by a spouse or a parent, or by a 
member of the spouse or parent's family residing in the 
same household as the alien and the spouse or parent 
consented to, or acquiesced in, such battery or cruelty, 
but only if (in the opinion of the Attorney General, which 
opinion is not subject to review by any court) there is 
a substantial connection between such battery or cruelty 
and the need for the benefits to be provided; and 
"(B) has been approved or has a petition pending which 
sets forth a prima facie case for— 
"(i) status as a spouse or a child of a United 
States citizen pursuant to clause (ii), (iii), or (iv) of 
section 204(a)(1)(A) of the Immigration and Nationality 
Act, 
"(ii) classification pursuant to clause (ii) or (iii) 
of section 204(a)(1)(B) of the Act, 
"(iii) suspension of deportation and adjustment of 
status pursuant to section 244(a)(3) of such Act, or 
29-194 O - 96 - 27 : QL 3 Part 4 
110 STAT. 3009-671 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(iv) status as a spouse or child of a United States 
citizen pursuant to clause (i) of section 204(a)(1)(A) 
of such Act, or classification pursuant to clause (i) 
of section 204(a)(1)(B) of such Act; or 
"(2) an alien— 
"(A) whose child has been battered or subjected to 
extreme cruelty in the United States by a spouse or a 
parent of the alien (without the active participation of 
the alien in the battery or cruelty), or by a member of 
the spouse or parent's family residing in the same house-
hold as the alien and the spouse or parent consented or 
acquiesced to such battery or cruelty, and the alien did 
not actively participate in such battery or cruelty, but 
only if (in the opinion of the Attorney General, which 
opinion is not subject to review by any court) there is 
a substantial connection between such battery or cruelty 
and the need for the benefits to be provided; and 
"(B) who meets the requirement of clause (ii) of 
subparagraph (A). 
This subsection shall not apply to an alien during any period 
in which the individual responsible for such battery or cruelty 
resides in the same household or family eligibility unit as the 
individual subjected to such battery or cruelty.". 
8 use 1621 note. 
SEC. 502. PILOT PROGRAMS ON LIMITING ISSUANCE OF DRIVER'S 
UCENSES TO ILLEGAL ALIENS. 
(a) IN GENERAL.—Pursuant to guidelines prescribed by the 
Attorney General not later than 6 months after the date of the 
enactment of this Act, all States may conduct pilot programs within 
their State to determine the viability, advisability, and cost-
effectiveness of the State's denying driver's licenses to aliens who 
are not lawfully present in the United States. Under a pilot program 
a State may deny a driver's license to aliens who are not lawfully 
present in the United States. Such program shall be conducted 
in cooperation with relevant State and local authorities. 
(b) REPORT.—Not later than 3 years after the date of the 
enactment of this Act, the Attorney General shall submit a report 
to the Judiciary Committees of the House of Representatives and 
of the Senate on the results of the pilot programs conducted under 
subsection (a). 
SEC. 503. INELIGIBILITY OF ALIENS NOT LAWFULLY PRESENT FOR 
SOCIAL SECURITY BENEFITS. 
(a) IN GENERAL.—Section 202 of the Social Security Act (42 
U.S.C. 402) is amended by adding at the end the following new 
subsection: 
"Limitation on Payments to Aliens 
"(y) Notwithstanding any other provision of law, no monthly 
benefit under this title shall be payable to any alien in the United 
States for any month during which such alien is not lawfully 
present in the United States as determined by the Attorney Gen-
eral.". 
42 use 402 note. 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
shall apply with respect to benefits for which applications are 
filed on or after the first day of the first month that begins at 
least 60 days after the date of the enactment of this Act. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-672 
SEC. 504. PROCEDURES FOR REQUIRING PROOF OF CITIZENSHIP FOR 
FEDERAL PUBLIC BENEFITS. 
Section 432(a) of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1642) is amended— 
(1) by inserting "(1)" after the dash, and 
(2) by adding at the end the following: 
"(2) Not later than 18 months after the date of the enactment 
of this Act, the Attorney (General, in consultation with the Secretary 
of Health and Human Services, shall also establish procedures 
for a person applying for a Federal public benefit (as defined in 
section 401(c)) to provide proof of citizenship in a fair and non-
discriminatory manner.", 
SEC. 505. LIMITATION ON EUGIBILITY FOR PREFERENTIAL TREAT- 8 USC 1623. 
MENT OF AUENS NOT LAWFULLY PRESENT ON BASIS 
OF RESIDENCE FOR HIGHER EDUCATION BENEFITS. 
(a) IN GENERAL.—^Notwithstanding any other provision of law, 
an alien who is not lawfully present in the United States shall 
not be eligible on the basis of residence within a State (or a 
political subdivision) for any postsecondary education benefit unless 
a citizen or national of the United States is eligible for such a 
benefit (in no less an amount, duration, and scope) without regard 
to whether the citizen or national is such a resident. 
(b) EFFECTIVE DATE.—This section shall apply to benefits pro-
vided on or after July 1, 1998. 
SEC. 506. STUDY AND REPORT ON AUEN STUDENT ELIGIBILITY FOR 8 USC 1611 note. 
POSTSECONDARY FEDERAL STUDENT FINANCIAL ASSIST-
ANCE. 
(a) GAO STUDY AND REPORT.— 
(1) STUDY.—^The Comptroller CJeneral shall conduct a study 
to determine the extent to which aliens who are not lawfully 
admitted for permanent residence are receiving postsecondary 
Federal student financial assistance. 
(2) REPORT.—^Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General shall submit 
a report to the appropriate committees of the Congress on 
the study conducted under paragraph (1). 
(b) REPORT ON COMPUTER MATCHING PROGRAM.— 
(1) IN GENERAL.—^Not later than one year after the date 
of the enactment of this Act, the Secretary of Education and 
the Commissioner of Social Security shall jointly submit to 
the appropriate committees of the Congress a report on the 
computer matching program of the Department of Education 
under section 484(p) of the Higher Education Act of 1965. 
(2) REPORT ELEMENTS.—^The report under paragraph (1) 
shall include the following: 
(A) An assessment by the Secretary and the Commis-
sioner of the effectiveness of the computer matching pro-
gram, and a justification for such assessment. 
(B) The ratio of successful matches under the program 
to inaccurate matches. 
(C) Such other information as the Secretary and the 
Commissioner jointly consider appropriate. 
(c) APPROPRIATE COMMITTEES OF THE CONGRESS.—For purposes 
of this section the term "appropriate committees of the Congress" 
means the Committee on Economic and Educational Opportunities 
110 STAT. 3009-673 
PUBLIC LAW 104-208—SEPT. 30, 1996 
and the Committee on the Judiciary of the House of Representatives 
and the Committee on Labor and Human Resources and the 
Committee on the Judiciary of the Senate. 
SEC. 507. VERIFICATION OF IMMIGRATION STATUS FOR PURPOSES 
OF SOCIAL SECURITY AND HIGHER 
EDUCATIONAL 
ASSISTANCE. 
(a) SOCIAL SECURITY ACT STATE INCOME AND ELIGIBILITY VER-
IFICATION SYSTEMS.—Section 1137(d)(4)(B)(i)) of the Social Security 
Act (42 U.S.C. 1320b-7(d)(4)(B)(i)) is amended to read as follows: 
"(i) the State shall transmit to the Immigration 
and Naturalization Service either photostatic or other 
similar copies of such documents, or information from 
such documents, as specified by the Immigration and 
Naturalization Service, for official verification,". 
(b) ELIGIBILITY FOR ASSISTANCE UNDER HIGHER EDUCATION 
ACT OF 1965.—Section 484(g)(4)(B)(i) of the Higher Education Act 
of 1965 (20 U.S.C. 1091(g)(4)(B)(i)) is amended to read as follows: 
"(i) the institution shall transmit to the Immigra-
tion and Naturalization Service either photostatic or 
other similar copies of such documents, or information 
from such documents, as specified by the Immigration 
and Naturalization Service, for official verification,". 
SEC. 508. NO VERIFICATION REQUIREMENT FOR NONPROFIT CHARI-
TABLE ORGANIZATIONS. 
Section 432 of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1642) is amended by 
adding at the end the following new subsection: 
"(d) No VERIFICATION REQUIREMENT FOR NONPROFIT CHARI-
TABLE ORGANIZATIONS.—Subject to subsection (a), a nonprofit chari-
table organization, in providing any Federal public benefit (as 
defined in section 401(c)) or any State or local public benefit (as 
defined in section 411(c)), is not required under this title to deter-
mine, verify, or otherwise require proof of eligibility of any applicant 
for such benefits.". 
SEC. 509. GAO STUDY OF PROVISION OF MEANS-TESTED PUBLIC BENE-
FITS TO ALIENS WHO ARE NOT QUALIFIED ALIENS ON 
BEHALF OF ELIGIBLE INDIVIDUALS. 
Not later than 180 days after the date of the enactment of 
this Act, the Comptroller (General shall submit to the Committees 
on the Judiciary of the House of Representatives and of the Senate 
and to the Inspector General of the Department of Justice a report 
on the extent to which means-tested public benefits are being paid 
or provided to aliens who are not qualified aliens (as defined in 
section 431(b) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996) in order to provide such benefits to 
individuals who are United States citizens or qualified aliens (as 
so defined). Such report shall address the locations in which such 
benefits are provided and the incidence of fraud or misrepresenta-
tion in connection with the provision of such benefits. 
SEC. 510. TRANSITION FOR ALIENS CURRENTLY RECEIVING BENEFITS 
UNDER THE FOOD STAMP PROGRAM. 
Effective as if included in the enactment of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996, 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-674 
subclause (I) of section 402(a)(2)(D)(ii) (8 U.S.C. 1612(a)(2)(D)(ii)) 
is amended to read as follows: 
"(I) IN GENERAL.—With respect to the specified 
Federal program described in paragraph (3)(B), 
ineligibility under paragraph (1) shall not apply 
until April 1, 1997, to an alien who received bene-
fits under such program on the date of enactment 
of this Act, unless such alien is determined to 
be ineligible to receive such benefits under the 
Food Stamp Act of 1977. The State agency shall 
recertify the eligibility of all such aliens during 
the period beginning April 1, 1997, and ending 
August 22, 1997.". 
Subtitle B—Public Charge Exclusion 
SEC. 531. GROUND FOR EXCLUSION. 
(a) IN GENERAL.—Paragraph (4) of section 212(a) (8 U.S.C. 
1182(a)) is amended to read as follows: 
"(4) PUBLIC CHARGE.— 
"(A) IN GENERAL.—^Any alien who, in the opinion of 
the consular officer at the time of application for a visa, 
or in the opinion of the Attorney General at the time 
of application for admission or adjustment of status, is 
likely at any time to become a public charge is excludable. 
"(B) FACTORS TO BE TAKEN INTO ACCOUNT.—(i) In deter-
mining whether an alien is excludable under this para-
graph, the consular officer or the Attorney General shall 
at a minimum consider the alien's— 
"(I) age; 
"(II) health; 
"(III) family status; 
"(IV) assets, resources, and financial status; and 
"(V) education and skills. 
"(ii) In addition to the factors under clause (i), the 
consular officer or the Attorney General may also consider 
any affidavit of support under section 213A for purposes 
of exclusion under this paragraph. 
"(C) FAMILY-SPONSORED IMMIGRANTS.—^Any alien who 
seeks admission or adjustment of status under a visa num-
ber issued under section 201(b)(2) or 203(a) is excludable 
under this paragraph unless— 
"(i) the alien has obtained— 
"(I) status as a spouse or a child of a United 
States citizen pursuant to clause (ii), (iii), or (iv) 
of section 204(a)( 1)(A), or 
"(II) classification pursuant to clause (ii) or 
(iii) of section 204(a)(1)(B); or 
"(ii) the person petitioning for the alien's admission 
(including any additional sponsor required under sec-
tion 213A(f)) has executed an affidavit of support 
described in section 213A with respect to such alien. 
"(D) CERTAIN EMPLOYMENT-BASED IMMIGRANTS.—Any 
alien who seeks admission or adjustment of status under 
a visa number issued under section 203(b) by virtue of 
a classification petition filed by a relative of the alien 
110 STAT. 3009-675 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(or by an entity in which such relative has a significant 
ownership interest) is excludable under this paragraph 
unless such relative has executed an affidavit of support 
described in section 213A with respect to such alien.". 
8 use 1182 note. 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
shall apply to applications submitted on or after such date, not 
earlier than 30 days and not later than 60 days after the date 
the Attorney General promulgates under section 551(c)(2) of this 
division a standard form for an affidavit of support, as the Attorney 
General shall specify, but subparagraphs (C) and (D) of section 
212(a)(4) of the Immigration and Nationality Act, as so amended, 
shall not apply to applications with respect to which an official 
interview with an immigration officer was conducted before such 
effective date. 
Subtitle C—^Affidavits of Support 
SEC. 551. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT. 
(a) IN GENERAL.—Section 2ISA (8 U.S.C. 1183a), as inserted 
by section 423(a) of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996, is amended to read as follows: 
"REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT 
"SEC. 213A. (a) ENFORCEABILITY.— 
"(1) TERMS OF AFFIDAVIT.—No affidavit of support may 
be accepted by the Attorney General or by any consular officer 
to establish that an alien is not excludable as a public charge 
under section 212(a)(4) unless such affidavit is executed by 
a sponsor of the alien as a contract— 
"(A) in which the sponsor agrees to provide support 
to maintain the sponsored alien at an annual income that 
is not less than 125 percent of the Federal poverty line 
during the period in which the affidavit is enforceable; 
"(B) that is legally enforceable against the sponsor 
by the sponsored alien, the Federal Government, any State 
(or any political subdivision of such State), or by any other 
entity that provides any means-tested public benefit (as 
defined in subsection (e)), consistent with the provisions 
of this section; and 
"(C) in which the sponsor agrees to submit to the 
jurisdiction of any Federal or State court for the purpose 
of actions brought under subsection (b)(2). 
"(2) PERIOD OF ENFORCEABILITY.—^An affidavit of support 
shall be enforceable with respect to benefits provided for an 
alien before the date the alien is naturalized as a citizen 
of the United States, or, if earlier, the termination date provided 
under paragraph (3). 
"(3) TERMINATION OF PERIOD OF ENFORCEABILITY UPON 
COMPLETION OF REQUIRED PERIOD OF EMPLOYMENT, ETC.— 
"(A) IN GENERAL.—^An affidavit of support is not 
enforceable after such time as the alien (i) has worked 
40 qualifjdng quarters of coverage as defined under title 
II of the Social Security Act or can be credited with such 
qualifying quarters as provided under subparagraph (B), 
and (ii) in the case of any such qualifying quarter creditable 
for any period beginning after December 31, 1996, did 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-676 
not receive any Federal means-tested public benefit (as 
provided under section 403 of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996) during 
any such period. 
"(B) QUALIFYING QUARTERS.—For purposes of this sec-
tion, in determining the number of qualifying quarters 
of coverage under title II of the Social Security Act an 
alien shall be credited with— 
"(i) all of the qualifying quarters of coverage as 
defined under title II of the Social Security Act worked 
by a parent of such alien while the alien was under 
age 18, and 
"(ii) all of the qualifying quarters worked by a 
spouse of such alien during their marriage and the 
alien remains married to such spouse or such spouse 
is deceased. 
No such qualifying quarter of coverage that is creditable 
under title II of the Social Security Act for any period 
beginning after December 31, 1996, may be credited to 
an alien under clause (i) or (ii) if the parent or spouse 
(as the case may be) of such alien received any Federal 
means-tested public benefit (as provided under section 403 
of the Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996) during the period for which such 
qualifying quarter of coverage is so credited. 
"(C) 
PROVISION OF INFORMATION TO SAVE SYSTEM.— 
The Attorney General shall ensure that 
appropriate 
information regarding the application of this paragraph 
is provided to the system for alien verification of eligibility 
(SAVE) described in section 1137(d)(3) of the Social Secu-
rity Act. 
"(b) REIMBURSEMENT OF GOVERNMENT EXPENSES.— 
"(1) REQUEST FOR REIMBURSEMENT.— 
"(A) REQUIREMENT.—Upon notification that a spon-
sored alien has received any means-tested public benefit, 
the appropriate nongovernmental entity which provided 
such benefit or the appropriate entity of the Federal 
Government, a State, or any political subdivision of a State 
shall request reimbursement by the sponsor in an amount 
which is equal to the unreimbursed costs of such benefit. 
"(B) REGULATIONS.—^The Attorney General, in consulta-
tion with the heads of other appropriate Federal agencies, 
shall prescribe such regulations as may be necessary to 
carry out subparagraph (A). 
"(2) ACTIONS TO COMPEL REIMBURSEMENT.— 
"(A) IN CASE OF NONRESPONSE.—If within 45 days after 
a request for reimbursement under paragraph (1)(A), the 
appropriate entity has not received a response from the 
sponsor indicating a willingness to commence pa5niient an 
action may be brought against the sponsor pursuant to 
the affidavit of support. 
"(B) IN CASE OF FAILURE TO PAY.—If the sponsor fails 
to abide by the repayment terms established by the appro-
priate entity, the entity may bring an action against the 
sponsor pursuant to the affidavit of support. 
"(C) LIMITATION ON ACTIONS.—No cause of action may 
be brought under this paragraph later than 10 years after 
110 STAT. 3009-677 
PUBLIC LAW 104-208—SEPT. 30, 1996 
the date on which the sponsored aHen last received any 
means-tested pubHc benefit to which the affidavit of sup-
port applies. 
"(3) USE OF COLLECTION AGENCIES.—If the appropriate 
entity under paragraph (1)(A) requests reimbursement from 
the sponsor or brings an action against the sponsor pursuant 
to the affidavit of support, the appropriate entity may appoint 
or hire an individual or other person to act on behalf of such 
entity acting under the authority of law for purposes of collect-
ing any amounts owed. 
"(c) REMEDIES.—Remedies available to enforce an affidavit of 
support under this section include any or all of the remedies 
described in section 3201, 3203, 3204, or 3205 of title 28, United 
States Code, as well as an order for specific performance and 
pajnnent of legal fees and other costs of collection, and include 
corresponding remedies available under State law. A Federal agency 
may seek to collect amounts owed under this section in accordance 
with the provisions of subchapter II of chapter 37 of title 31, 
United States Code. 
"(d) NOTIFICATION OF CHANGE OF ADDRESS.— 
"(1) GENERAL REQUIREMENT.—^The sponsor shall notify the 
Attorney General and the State in which the sponsored alien 
is currently a resident within 30 days of any change of address 
of the sponsor during the period in which an affidavit of support 
is enforceable. 
"(2) PENALTY.—^Any person subject to the requirement of 
paragraph (1) who fails to satisfy such requirement shall, after 
notice and opportunity to be heard, be subject to a civil penalty 
of— 
"(A) not less than $250 or more than $2,000, or 
"(B) if such failure occurs with knowledge that the 
sponsored alien has received any means-tested public bene-
fits (other than benefits described in section 401(b), 
403(c)(2), or 411(b) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996) not less than 
$2,000 or more than $5,000. 
The Attorney General shall enforce this paragraph under appro-
priate regulations. 
"(e) JURISDICTION.—An action to enforce an affidavit of support 
executed under subsection (a) may be brought against the sponsor 
in any appropriate court— 
"(1) by a sponsored alien, with respect to financial support; 
or 
"(2) by the appropriate entity of the Federal Government, 
a State or any political subdivision of a State, or by any other 
nongovernmental entity under subsection (b)(2), with respect 
to reimbursement. 
"(f) SPONSOR DEFINED.— 
"(1) IN GENERAL.—For purposes of this section the term 
'sponsor' in relation to a sponsored alien means an individual 
who executes an affidavit of support with respect to the spon-
sored alien and who— 
"(A) is a citizen or national of the United States or 
an alien who is lawfully admitted to the United States 
for permanent residence; 
"(B) is at least 18 years of age; 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-678 
"(C) is domiciled in any of the several States of the 
United States, the District of Columbia, or any territory 
or possession of the United States; 
"(D) is petitioning for the admission of the alien under 
section 204; and 
"(E) demonstrates (as provided in paragraph (6)) the 
means to maintain an annual income equal to at least 
125 percent of the Federal poverty line. 
"(2) INCOME REQUIREMENT CASE.—Such term also includes 
an individual who does not meet the requirement of paragraph 
(1)(E) but accepts joint and several liability together with an 
individual under paragraph (5). 
"(3) ACTIVE DUTY ARMED SERVICES CASE.—Such term also 
includes an individual who does not meet the requirement 
of paragraph (1)(E) but is on active duty (other than active 
duty for training) in the Armed Forces of the United States, 
is petitioning for the admission of the alien under section 
204 as the spouse or child of the individual, and demonstrates 
(as provided in paragraph (6)) the means to maintain an annual 
income equal to at least 100 percent of the Federal poverty 
line. 
"(4) CERTAIN EMPLOYMENT-BASED IMMIGRANTS CASE.—Such 
term also includes an individual— 
"(A) who does not meet the requirement of paragraph 
(1)(D), but is the relative of the sponsored alien who filed 
a classification petition for the sponsored alien as an 
employment-based immigrant under section 203(b) or who 
has a significant ownership interest in the entity that 
filed such a petition; and 
"(B)(i) who demonstrates (as provided under paragraph 
(6)) the means to maintain an annual income equal to 
at least 125 percent of the Federal poverty line, or 
"(ii) does not meet the requirement of paragraph (1)(E) 
but accepts joint and several liability together with an 
individual under paragraph (5). 
"(5) NON-PETITIONING CASE.--Such term also includes an 
individual who does not meet the requirement of paragraph 
(1)(D) but who accepts joint and several liability with a petition-
ing sponsor under paragraph (2) or relative of an employment-
based immigrant under paragraph (4) and who demonstrates 
(as provided under paragraph (6)) the means to maintain an 
annual income equal to at least 125 percent of the Federal 
poverty line. 
"(6) DEMONSTRATION OF MEANS TO MAINTAIN INCOME.— 
"(A) IN GENERAL.— 
"(i) METHOD OF DEMONSTRATION.—For purposes of 
this section, a demonstration of the means to maintain 
income shall include provision of a certified copy of 
the individual's Federal income tax return for the 
individual's 3 most recent taxable years and a written 
statement, executed under oath or as permitted under 
penalty of perjury under section 1746 of title 28, United 
States Code, that the copies are certified copies of 
such returns. 
"(ii) FLEXIBILITY.—For purposes of this section, 
aliens may demonstrate the means to maintain income 
110 STAT. 3009-679 
PUBLIC LAW 104-208—SEPT. 30, 1996 
8 use 1183a 
note. 
8 use 1183a 
note. 
through demonstration of significant assets of the spon-
sored alien or of the sponsor, if such assets are avail-
able for the support of the sponsored alien. 
"(iii) PERCENT OF POVERTY.—For purposes of this 
section, a reference to an annual income equal to at 
least a particular percentage of the Federal poverty 
line means an annual income equal to at least such 
percentage of the Federal poverty line for a family 
unit of a size equal to the number of members of 
the sponsor's household (including family and non-fam-
ily dependents) plus the total number of other depend-
ents and aliens sponsored by that sponsor. 
"(B) LIMITATION.—^The Secretary of State, or the Attor-
ney General in the case of adjustment of status, may pro-
vide that the demonstration under subparagraph (A) 
applies only to the most recent taxable year. 
"(h) FEDERAL POVERTY LINE DEFINED.—For purposes of this 
section, the term 'Federal poverty line' means the level of income 
equal to the official poverty line (as defined by the Director of 
the Office of Management and Budget, as revised annually by 
the Secretary of Health and Human Services, in accordance with 
section 673(2) of the Omnibus Budget Reconciliation Act of 1981 
(42 U.S.C. 9902)) that is applicable to a family of the size involved. 
"(i) SPONSOR'S SOCIAL SECURITY ACCOUNT NUMBER REQUIRED 
To BE PROVIDED.—(1) An affidavit of support shall include the 
social security account number of each sponsor. 
"(2) The Attorney General shall develop an automated system 
to maintain the social security account number data provided under 
paragraph (1). 
"(3) The Attorney General shall submit an annual report to 
the Committees on the Judiciary of the House of Representatives 
and the Senate setting forth— 
"(A) for the most recent fiscal year for which data are 
available the number of sponsors under this section and the 
number of sponsors in compliance with the financial obligations 
of this section; and 
"(B) a comparison of such numbers with the numbers of 
such sponsors for the preceding fiscal year.". 
(b) CONFORMING AMENDMENTS.— 
(1) Section 421(a)(1) and section 422(a)(1) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 
(8 U.S.C. 1631(a)(1), 1632(a)(1)) are each amended by inserting 
"and as amended by section 551(a) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996" after "section 
423". 
(2) Section 423 of such Act (8 U.S.C. 1138a note) is amended 
by striking subsection (c). 
(c) EFFECTIVE DATE; PROMULGATION OF FORM.— 
(1) IN GENERAL.—^The amendments made by this section 
shall apply to affidavits of support executed on or after a 
date specified by the Attorney General, which date shall be 
not earlier than 60 days (and not later than 90 days) after 
the date the Attorney General formulates the form for such 
affidavits under paragraph (2). 
(2) PROMULGATION OF FORM.—Not later than 90 days after 
the date of the enactment of this Act, the Attorney General, 
in consultation with the heads of other appropriate agencies. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-680 
shall promulgate a standard form for an affidavit of support 
consistent with the provisions of section 2 ISA of the Immigra-
tion and Nationality Act, as amended by subsection (a). 
SEC. 552. INDIGENCE AND BATTERED SPOUSE AND CHILD EXCEPTIONS 
TO FEDERAL ATTRIBUTION OF INCOME RULE. 
Section 421 of the Personsd Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1631) is amended by 
adding at the end the following new subsection: 
"(e) INDIGENCE EXCEPTION.— 
"(1) IN GENERAL.—For an alien for whom an affidavit of 
support under section 213A of the Immigration and Nationality 
Act has been executed, if a determination described in para-
graph (2) is made, the amount of income and resources of 
the sponsor or the sponsor's spouse which shall be attributed 
to the sponsored alien shall not exceed the amount actually 
provided for a period beginning on the date of such determina-
tion and ending 12 months after such date. 
"(2) 
DETERMINATION 
DESCRIBED.—^A 
determination 
described in this paragraph is a determination by an agency 
that a sponsored alien would, in the absence of the assistance 
provided by the agency, be unable to obtain food and shelter, 
taking into account the alien's own income, plus any cash, 
food, housing, or other assistance provided by other individuals, 
including the sponsor. The agency shall notify the Attorney 
Greneral of each such determination, including the names of 
the sponsor and the sponsored alien involved. 
"(f) SPECIAL RULE FOR BATTERED SPOUSE AND CHILD.— 
"(1) IN GENERAL.—Subject to paragraph (2) and notwith-
standing any other provision of this section, subsection (a) 
shall not apply to benefits— 
"(A) during a 12 month period if the alien demonstrates 
that (i) the alien has been battered or subjected to extreme 
cruelty in the United States by a spouse or a parent, 
or by a member of the spouse or parent's family residing 
in the same household as the alien and the spouse or 
parent consented to or acquiesced to such battery or cruelty, 
or (ii) the alien's child has been battered or subjected 
to extreme cruelty in the United States by the spouse 
or parent of the alien (without the active participation 
of the alien in the battery or cruelty), or by a member 
of the spouse's or parent's family residing in the same 
household as the alien when the spouse or parent consented 
or acquiesced to £ind the alien did not actively participate 
in such battery or cruelty, and the battery or cruelty 
described in clause (i) or (ii) (in the opinion of the agency 
providing such public benefits, which opinion is not subject 
to review by any court) has a substantial connection to 
the need for the public benefits applied for; and 
"(B) after a 12 month period (regarding the batterer's 
income and resources only) if the alien demonstrates that 
such battery or cruelty under subparagraph (A) has been 
recognized in an order of a judge or administrative law 
judge or a prior determination of the Immigration and 
Naturalization Service, and that such battery or cruelty 
(in the opinion of the agency providing such public benefits. 
110 STAT. 3009-681 
PUBLIC LAW 104-208—SEPT. 30, 1996 
which opinion is not subject to review by any court) has 
a substantial connection to the need for the benefits. 
"(2) LIMITATION.—The exception under paragraph (1) shall 
not apply to benefits for an alien during any period in which 
the individual responsible for such battery or cruelty resides 
in the same household or family eligibility unit as the individual 
who was subjected to such battery or cruelty.". 
8 u s e 1624. 
SEC. 553. AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS OF 
STATES TO LIMIT ASSISTANCE TO ALIENS AND TO 
DISTINGUISH AMONG CLASSES OF ALIENS IN PROVIDING 
GENERAL CASH PUBLIC ASSISTANCE. 
(a) IN GENERAL.—Subject to subsection (b) and notwithstanding 
any other provision of law, a State or political subdivision of a 
State is authorized to prohibit or otherwise limit or restrict the 
eligibility of aliens or classes of aliens for programs of general 
cash public assistance furnished under the law of the State or 
a political subdivision of a State. 
(b) LIMITATION.—^The authority provided for under subsection 
(a) may be exercised only to the extent that any prohibitions, 
limitations, or restrictions imposed by a State or political subdivi-
sion of a State are not more restrictive than the prohibitions, 
limitations, or restrictions imposed under comparable Federal pro-
grams. For purposes of this section, attribution to an alien of 
a sponsor's income and resources (as described in section 421 of 
the Personal Responsibility and Work Opportunity Reconciliation 
Act of 1996 (8 U.S.C. 1631)) for purposes of determining eligibility 
for, and the amount of, benefits shall be considered less restrictive 
than a prohibition of eligibility for such benefits. 
Subtitle D—Miscellaneous Provisions 
SEC. 561. INCREASED MAXIMUM CRIMINAL PENALTIES FOR FORGING 
OR COUNTERFEITING SEAL OF A FEDERAL DEPARTMENT 
OR AGENCY TO FACILITATE BENEFIT FRAUD BY AN 
UNLAWFUL ALIEN. 
Section 506 of title 18, United States Code, is amended to 
read as follows: 
'*§ 506. Seals of departments or agencies 
"(a) Whoever— 
"(1) falsely makes, forges, counterfeits, mutilates, or alters 
the seal of any department or agency of the United States, 
or any facsimile thereof; 
"(2) knowingly uses, affixes, or impresses any such fraudu-
lently made, forged, counterfeited, mutilated, or altered seal 
or facsimile thereof to or upon any certificate, instrument, 
commission, document, or paper of any description; or 
"(3) with fraudulent intent, possesses, sells, offers for sale, 
furnishes, offers to furnish, gives away, offers to give away, 
transports, offers to transport, imports, or offers to import 
any such seal or facsimile thereof, knowing the same to have 
been so falsely made, forged, counterfeited, mutilated, or 
altered, 
shall be fined under this title, or imprisoned not more than 5 
years, or both. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-682 
"(b) Notwithstanding subsection (a) or any other provision of 
law, if a forged, counterfeited, mutilated, or altered seal of a depart-
ment or agency of the United States, or any facsimile thereof, 
is— 
"(1) so forged, counterfeited, mutilated, or altered; 
"(2) used, affixed, or impressed to or upon any certificate, 
instrument, commission, document, or paper of any description; 
or 
"(3) with fraudulent intent, possessed, sold, offered for sale, 
furnished, offered to furnish, given away, offered to give away, 
transported, offered to transport, imported, or offered to import, 
with the intent or effect of facilitating an alien's application for, 
or receipt of, a Federal benefit to which the alien is not entitled, 
the penalties which may be imposed for each offense under sub-
section (a) shall be two times the maximum fine, and 3 times 
the maximum term of imprisonment, or both, that would otherwise 
be imposed for an offense under subsection (a). 
"(c) For purposes of this section— 
"(1) the term 'Federal benefit' means— 
"(A) the issuance of any grant, contract, loan, profes-
sional license, or commercial license provided by any agency 
of the United States or by appropriated funds of the United 
States; and 
"(B) any retirement, welfare. Social Security, health 
(including treatment of an emergency medical condition 
in accordance with section 1903(v) of the Social Security 
Act (19 U.S.C. 1396b(v))), disability, veterans, public hous-
ing, education, food stamps, or unemployment benefit, or 
any similar benefit for which payments or assistance are 
provided by an agency of the United States or by appro-
priated funds of the United States; and 
"(2) each instance of forgery, counterfeiting, mutilation, 
or alteration shall constitute a separate offense under this 
section.". 
SEC. 562. TREATMENT OF EXPENSES SUBJECT TO EMERGENCY MEDI- 
8 USC 1369. 
CAL SERVICES EXCEPTION. 
(a) IN GENERAL.—Subject to such amounts as are provided 
in advance in appropriation Acts, each State or political subdivision 
of a State that provides medical assistance for care and treatment 
of an emergency medical condition (as defined in subsection (d)) 
through a public hospital or other public facility (including a non-
profit hospital that is eligible for an additional payment adjustment 
under section 1886 of the Social Security Act) or through contract 
with another hospital or facility to an individual who is an alien 
not lawfully present in the United States is eligible for pa3mient 
from the Federal Government of its costs of providing such services, 
but only to the extent that such costs are not otherwise reimbursed 
through any other Federal program and cannot be recovered from 
the alien or another person. 
(b) CONFIRMATION OF IMMIGRATION STATUS REQUIRED.—No pay-
ment shall be made under this section with respect to services 
furnished to an individual unless the immigration status of the 
individual has been verified through appropriate procedures estab-
lished by the Secretary of Health and Human Services and the 
Attorney General. 
110 STAT. 3009-683 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(c) ADMINISTRATION.—^This section shall be administered by 
the Attorney General, in consultation with the Secretary of Health 
and Human Services. 
(d) EMERGENCY MEDICAL CONDITION DEFINED.—For purposes 
of this section, the term "emergency medical condition" means a 
medical condition (including emergency labor and delivery) mani-
festing itself by acute symptoms of sufficient severity (including 
severe pain) such that the absence of immediate medical attention 
could reasonably be expected to result in— 
(1) placing the patient's health in serious jeopardy, 
(2) serious impairment to bodily functions, or 
(3) serious dysfunction of any bodily organ or part. 
(e) EFFECTIVE DATE.—Subsection (a) shall apply to medical 
assistance for care and treatment of an emergency medical condition 
furnished on or after January 1, 1997. 
8 use 1370. 
SEC. 563. REIMBURSEMENT OF STATES AND LOCALITIES FOR EMER-
GENCY AMBULANCE SERVICES. 
Subject to the availability of appropriations, the Attorney Gen-
eral shall fully reimburse States and political subdivisions of States 
for costs incurred by such a State or subdivision for emergency 
ambulance services provided to any alien who— 
(1) is injured while crossing a land or sea border of the 
United States without inspection or at any time or place other 
than as designated by the Attorney General; and 
(2) is under the custody of the State or subdivision pursuant 
to a transfer, request, or other action by a Federal authority. 
8 use 1183a 
SEC. 564. PILOT PROGRAMS TO REQUIRE BONDING. 
(a) IN GENERAL.— 
(1) The Attorney General of the United States shall estab-
lish a pilot program in 5 district offices of the Immigration 
and Naturalization Service to require aliens to post a bond 
in addition to the giffidavit requirements under section 2 ISA 
of the Immigration and Nationality Act and the deeming 
requirements under section 421 of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1631). Any pilot program established pursuant to this sub-
section shall require an alien to post a bond in an amount 
sufficient to cover the cost of benefits described in section 
213A(d)(2)(B) of the Immigration and Nationality Act (as 
amended by section 551(a) of this division) for the alien and 
the alien's dependents and shall remain in effect until the 
departure, naturalization, or death of the alien. 
(2) Suit on any such bonds may be brought under the 
terms and conditions set forth in section 213A of the Immigra-
tion and Nationality Act. 
(b) REGULATIONS.—Not later than 180 days after the date of 
the enactment of this Act, the Attorney General shall issue regula-
tions for establishing the pilot programs, including— 
(1) criteria and procedures for— 
(A) certifying bonding companies for participation in 
the program, and 
(B) debarment of any such company that fails to pay 
a bond, and 
(2) criteria for setting the amount of the bond to assure 
that the bond is in an amount that is not less than the cost 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-684 
of providing benefits under the programs described in sub-
section (a)(1) for the alien and the alien's dependents for 6 
months. 
(c) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section. 
(d) ANNUAL REPORTING REQUIREMENT.—Beginning 9 months 
after the date of implementation of the pilot program, the Attorney 
Greneral shall submit annually to the Committees on the Judiciary 
of the House of Representatives and the Senate a report on the 
effectiveness of the program. The Attorney Greneral snail submit 
a final evaluation of the program not later than 1 year after termi-
nation. 
(e) SUNSET.—^The pilot program under this section shall termi-
nate after 3 years of operation. 
(f) BONDS IN ADDITION TO SPONSORSHIP AND DEEMING REQUIRE-
MENTS.—Section 213 (8 U.S.C. 1183) is amended by inserting "(sub-
ject to the affidavit of support requirement and attribution of spon-
sor's income and resources under section 213A)'' after "in the discre-
tion of the Attorney General". 
SEC. 565. REPORTS. 
Not later than 180 days after the end of each fiscal year, 
the Attorney General shall submit a report to the Inspector General 
of the Department of Justice and the Committees on the Judiciary 
of the House of Representatives and of the Senate describing the 
following: 
(1) PUBLIC CHARGE DEPORTATIONS.—^The number of aliens 
deported on public charge grounds under section 241(a)(5) of 
the Immigration and Nationality Act during the previous fiscgJ 
year. 
(2) INDIGENT SPONSORS.—^The number of determinations 
made under section 421(e) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (as added by 
section 552 of this division) during the previous fiscal year. 
(3) REIMBURSEMENT ACTIONS.—^The number of actions 
brought, and the amount of each action, for reimbursement 
under section 213A of the Immigration and Nationality Act 
(including private collections) for the costs of providing public 
benefits. 
Subtitle E—^Housing Assistance 
SEC 571. SHORT TITLE. 
This subtitle may be cited as the "Use of Assisted Housing 
by Aliens Act of 1996". 
SEC. 572. PRORATING OF FINANCIAL ASSISTANCE. 
Section 214(b) of the Housing and Community Development 
Act of 1980 (42 U.S.C. 1436a(b)) is amended— 
(1) by inserting "(1)" after "(b)"; and 
(2) by adding at the end the following new paragraph: 
"(2) If the eligibility for financial assistance of at least one 
member of a family has been affirmatively established under the 
program of financial assistance and under this section, and the 
ineligibility of one or more family members has not been affirma-
tively established under this section, any financial assistance made 
8 use 1371. 
Use of Assisted 
Housing by 
Aliens Act of 
1996. 
42 use 1436a 
note. 
110 STAT. 3009-685 
PUBLIC LAW 104-208—SEPT. 30, 1996 
available to that family by the Secretary of Housing and Urban 
Development shall be prorated, based on the number of individuals 
in the family for whom eligibility has been affirmatively established 
under the program of financial assistance and under this section, 
as compared with the total number of individuals who are members 
of the family.". 
SEC. 573. ACTIONS IN CASES OF TERMINATION OF FINANCIAL ASSIST-
ANCE. 
Section 214(c)(1) of the Housing and Community Development 
Act of 1980 (42 U.S.C. 1436a(c)( 1)) is amended— 
(1) in the matter preceding subparagraph (A), by striking 
"may, in its discretion," and inserting "shall"; 
(2) in subparagraph (A), by adding at the end the following: 
"Financial assistance continued under this subparagraph for 
a family may be provided only on a prorated basis, under 
which the amount of financial assistance is based on the 
percentage of the total number of members of the family that 
are eligible for that assistance under the program of financial 
assistance and under this section."; and 
(3) in subparagraph (B)— 
(A) by striking "3 years" and inserting "18-months"; 
(B) by inserting "(i)" after "(B)"; 
(C) by striking "Any deferral" and inserting the follow-
ing: 
"(ii) Except as provided in clause (iii), any deferral"; 
and 
(D) by adding at the end the following new clauses: 
"(iii) The time period described in clause (ii) shall 
not apply in the case of a refugee under section 207 of 
the Immigration and Nationality Act or an individual seek-
ing asylum under section 208 of that Act.". 
SEC. 574. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY 
FOR FINANCIAL ASSISTANCE. 
Section 214(d) of the Housing and Community Development 
Act of 1980 (42 U.S.C. 1436a(d)) is amended— 
(1) in the matter preceding paragraph (1), by inserting 
"or to be" after "being"; 
(2) in paragraph (1)(A), by adding at the end the following: 
"If the declaration states that the individual is not a citizen 
or national of the United States and that the individual is 
younger than 62 years of age, the declaration shall be verified 
by the Immigration and Naturalization Service. If the declara-
tion states that the individual is a citizen or national of the 
United States, the Secretary of Housing and Urban Develop-
ment, or the agency administering assistance covered by this 
section, may request verification of the declaration by requiring 
presentation of documentation that the Secretary considers 
appropriate, including a United States passport, resident alien 
card, alien registration card, social security card, or other docu-
mentation."; 
(3) in paragraph (2)— 
(A) in the matter preceding subparagraph (A), by strik-
ing "on the date of the enactment of the Housing and 
Community Development Act of 1987" and inserting "on 
the date of enactment of the Use of Assisted Housing 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-686 
by Aliens Act of 1996 or applying for financial assistance 
on or after that date"; and 
(B) by adding at the end the following: 
"In the case of an individual applying for financial assistance on 
or after the date of enactment of the Use of Assisted Housing 
by Aliens Act of 1996, the Secretary may not provide any such 
assistance for the benefit of that individual before documentation 
is presented and verified under paragraph (3) or (4)."; 
(4) in paragraph (4)— 
(A) in the matter preceding subparagraph (A), by strik-
ing "on the date of the enactment of the Housing and 
Community Development Act of 1987" and inserting "on 
the date of enactment of the Use of Assisted Housing 
by Aliens Act of 1996 or applying for financial assistance 
on or after that date"; 
(B) in subparagraph (A)— 
(i) in clause (i)— 
(I) by inserting ", not to exceed 30 days," after 
"reasonable opportunity"; and 
(II) by striking "and" at the end; and 
(ii) by striking clause (ii) and inserting the follow-
ing: 
"(ii) in the case of any individual receiving assist-
ance on the date of enactment of the Use of Assisted 
Housing by Aliens Act of 1996, may not delay, deny, 
reduce, or terminate the eligibility of that individual 
for financial assistance on the basis of the immigration 
status of that individual until the expiration of that 
30-day period; and 
"(iii) in the case of any individual applying for 
financial assistance on or after the date of enactment 
of the Use of Assisted Housing by Aliens Act of 1996, 
may not deny the application for such assistance on 
the basis of the immigration status of that individual 
until the expiration of that 30-day period; and"; and 
(C) in subparagraph (B), by striking clause (ii) and 
inserting the following: 
"(ii) pending such verification or appeal, the Sec-
retary may not— 
"(I) in the case of any individual receiving 
assistance on the date of enactment of the Use 
of Assisted Housing by Aliens Act of 1996, delay, 
deny, reduce, or terminate the eligibility of that 
individual for financial assistance on the basis of 
the immigration status of that individual; and 
"(II) in the case of any individual applying 
for financial assistance on or after the date of 
enactment of the Use of Assisted Housing by Aliens 
Act of 1996, deny the application for such assist-
ance on the basis of the immigration status of 
that individual; and"; 
(5) in paragraph (5), by striking "status—" and all that 
follows through the end of the paragraph and inserting the 
following: "status, the Secretary shall— 
"(A) deny the application of that individual for financial 
assistance or terminate the eligibility of that individual 
for financial assistance, as applicable; 
110 STAT. 3009-687 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(B) provide that the individual may request a fair 
hearing during the 30-day period beginning upon receipt 
of the notice under subparagraph (C); and 
"(C) provide to the individual written notice of the 
determination under this paragraph, the right to a fair 
hearing process, and the time limitation for requesting 
a hearing under subparagraph (C)."; and 
(6) by striking paragraph (6) and inserting the following: 
"(6) The Secretary shall terminate the eligibility for finan-
cial assistance of an individual and the members of the house-
hold of the individual, for a period of not less than 24 months, 
upon determining that such individual has knowingly permitted 
another individual who is not eligible for such assistance to 
reside in the public or assisted housing unit of the individual. 
This provision shall not apply to a family if the ineligibility 
of the ineligible individual at issue was considered in calculat-
ing any proration of assistance provided for the family.". 
SEC. 575. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING 
FINANCIAL ASSISTANCE EUGIBIUTY DETERMINATIONS. 
Section 214(e) of the Housing and Community Development 
Act of 1980 (42 U.S.C. 1436a(e)) is amended— 
(1) in paragraph (2), by adding "or" at the end; 
(2) in paragraph (3), by adding at the end the following: 
"the response from the Immigration and Naturalization Service 
to the appeal of that individual."; and 
(3) by striking paragraph (4). 
SEC. 576. ELIGIBILITY FOR PUBLIC AND ASSISTED HOUSING. 
Section 214 of the Housing and Community Development Act 
of 1980 (42 U.S.C. 1436a) is amended by adding at the end the 
following new subsection: 
"(h) VERIFICATION OF ELIGIBILITY.— 
"(1) IN GENERAL.—Except in the case of an election under 
paragraph (2)(A), no individual or family applying for financial 
assistance may receive such financial assistance prior to the 
affirmative establishment and verification of eligibility of at 
least the individual or one family member under this section 
by the Secretary or other appropriate entity. 
"(2) RULES APPLICABLE TO PUBLIC HOUSING AGENCIES.— 
A public housing agency (as that term is defined in section 
3 of the United States Housing Act of 1937)— 
"(A) may elect not to comply with this section; and 
"(B) in complying with this section— 
"(i) may initiate procedures to affirmatively estab-
lish or verify the eligibility of an individual or family 
under this section at any time at which the public 
housing agency determines that such eligibility is in 
question, regardless of whether or not that individual 
or family is at or near the top of the waiting list 
of the public housing agency; 
"(ii) may affirmatively establish or verify the eligi-
bility of an individual or family under this section 
in accordance with the procedures set forth in section 
274A(b)(l) of the Immigration and Nationality Act; 
and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-688 
"(iii) shall have access to any relevant information 
contained in the SAVE system (or any successor there-
to) that relates to any individual or family applying 
for financial assistance. 
"(3) ELIGIBILITY OF FAMILIES.—For purposes of this sub-
section, with respect to a family, the term 'eligibility' means 
the eligibility of each family member.". 
SEC. 577. REGULATIONS. 
42 USC 1436a 
(a) ISSUANCE.—Not later than the 60 days after the date of 
enactment of this Act, the Secretary of Housing and Urban Develop-
ment shall issue any regulations necessary to implement the amend-
ments made by this part. Such regulations shall be issued in the 
form of an interim final rule, which shall take effect upon issuance 
and shall not be subject to the provisions of section 533 of title 
5, United States Code, regarding notice or opportunity for comment. 
(b) FAILURE TO ISSUE.—If the Secretary fails to issue the regula-
tions required under subsection (a) before the date specified in 
that subsection, the regulations relating to restrictions on assistance 
to noncitizens, contained in the final rule issued by the Secretary 
of Housing and Urban Development in RIN-2501-AA63 (Docket 
No. R-95-1409; FR-2383-F-050), published in the Federal Register 
on March 20, 1995 (Vol. 60, No. 53; pp. 14824-14861), shall not 
apply after that date. 
Subtitle F—General Provisions 
s use noi note. 
SEC. 591. EFFECTIVE DATES. 
Except as provided in this title, this title and the amendments 
made by this title shall take effect on the date of the enactment 
of this Act. 
SEC. 592. NOT APPLICABLE TO FOREIGN ASSISTANCE. 
This title does not apply to any Federal, State, or local govern-
mental program, assistance, or benefits provided to an alien under 
any program of foreign assistance as determined by the Secretary 
of State in consultation with the Attorney General. 
SEC. 593. NOTIFICATION. 
(a) IN GENERAL.—Each agency of the Federal Government or 
a State or political subdivision that administers a program affected 
by the provisions of this title, shall, directly or through the States, 
provide general notification to the public and to program recipients 
of the changes regarding eligibility for any such program pursuant 
to this title. 
(b) FAILURE TO GIVE NOTICE.—^Nothing in this section shall 
be construed to require or authorize continuation of eligibility if 
the notice under this section is not provided. 
SEC. 594. DEFINITIONS. 
Except as otherwise provided in this title, for purposes of this 
title— 
(1) the terms "alien", "Attorney General", "national", "natu-
ralization", "State", and "United States" shall have the meaning 
given such terms in section 101(a) of the Immigration and 
Nationality Act; and 
110 STAT. 3009-689 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(2) the term "child" shall have the meaning given such 
term in section 101(c) of the Immigration and Nationality Act. 
TITLE VI—MISCELLANEOUS 
PROVISIONS 
Subtitle A—Refugees, Parole, and Asylum 
SEC. 601. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION 
CONTROL METHODS. 
(a) DEFINITION OF REFUGEE.— 
(1) Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is amended 
by adding at the end the following: "For purposes of determina-
tions under this Act, a person who has been forced to abort 
a pregnancy or to undergo involuntary sterilization, or who 
has been persecuted for failure or refusal to undergo such 
a procedure or for other resistance to a coercive population 
control program, shall be deemed to have been persecuted 
on account of political opinion, and a person who has a well 
founded fear that he or she will be forced to undergo such 
a procedure or subject to persecution for such failure, refusal, 
or resistance shall be deemed to have a well founded fear 
of persecution on account of political opinion.". 
8 use 1101 note. 
(2) Not later than 90 days after the end of each fiscal 
year, the Attorney General shall submit a report to the Commit-
tee on the Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate describing the num-
ber and countries of origin of aliens granted refugee status 
or asylum under determinations pursuant to the amendment 
made by paragraph (1). Each such report shall also contain 
projections regarding the number and countries of origin of 
aliens that are likely to be granted refugee status or asylum 
for the subsequent 2 fiscal years. 
(b) NUMERICAL LIMITATION.—Section 207(a) (8 U.S.C. 1157(a)) 
is amended by adding at the end the following new paragraph: 
"(5) For any fiscal year, not more than a total of 1,0()0 refugees 
may he admitted under this subsection or granted asylum under 
section 208 pursuant to a determination under the third sentence 
of section 101(a)(42) (relating to persecution for resistance to coer-
cive population control methods).". 
SEC. 602. LIMITATION ON USE OF PAROLE 
(a) 
PAROLE 
AUTHORITY.—Section 
212(d)(5)(A) 
(8 
U.S.C. 
1182(d)(5)) is amended by striking "for emergent reasons or for 
reasons deemed strictly in the public interest" and inserting "only 
on a case-by-case basis for urgent humanitarian reasons or signifi-
cant public benefit". 
8USCll82note. 
(b) REPORT TO CONGRESS.—Not later than 90 days after the 
end of each fiscal year, the Attorney General shall submit a report 
to the Committee on the Judiciary of the House of Representatives 
and the Committee on the Judiciary of the Senate describing the 
number and categories of aliens paroled into the United States 
under section 212(d)(5) of the Immigration and Nationality Act. 
Each such report shall provide the total number of aliens paroled 
into and residing in the United States and shall contain information 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-690 
and data for each country of origin concerning the number and 
categories of aUens paroled, the duration of parole, the current 
status of aliens paroled, and the number and categories of aliens 
returned to the custody from which they were paroled during the 
preceding fiscal year. 
SEC. 
603. TREATMENT OF LONG-TERM PAROLEES IN APPLYING 
WORLDWIDE NUMERICAL LIMITATIONS. 
Section 201(c) (8 U.S.C. 1151(c)) is amended— 
(1) by amending paragraph (l)(A)(ii) to read as follows: 
"(ii) the sum of the number computed under paragraph 
(2) and the number computed under paragraph (4), plus"; and 
(2) by adding at the end the following new paragraphs: 
"(4) The number computed under this paragraph for a fiscal 
year (beginning with fiscal year 1999) is the number of aliens 
who were paroled into the United States under section 212(d)(5) 
in the second preceding fiscal year— 
"(A) who did not depart from the United States (without 
advance parole) within 365 days; and 
"(B) who (i) did not acquire the status of aliens lawfully 
admitted to the United States for permanent residence in the 
two preceding fiscal years, or (ii) acquired such status in such 
years under a provision of law (other than section 201(b)) 
which exempts such adjustment from the numerical limitation 
on the worldwide level of immigration under this section. 
"(5) If any alien described in paragraph (4) (other than an 
alien described in paragraph (4)(B)(ii)) is subsequently admitted 
as an alien lawfully admitted for permanent residence, such alien 
shall not again be considered for purposes of paragraph (1).". 
SEC. 604. ASYLUM REFORM. 
(a) ASYLUM REFORM.—Section 208 (8 U.S.C. 1158) is amended 
to read as follows: 
"ASYLUM 
"SEC. 208. (a) AUTHORITY TO APPLY FOR ASYLUM.— 
"(1) IN GENERAL.—^Any alien who is physically present in 
the United States or who arrives in the United States (whether 
or not at a designated port of arrival and including an alien 
who is brought to the United States after having been inter-
dicted in international or United States waters), irrespective 
of such alien's status, may apply for asylum in accordance 
with this section or, where applicable, section 235(b). 
"(2) EXCEPTIONS.— 
"(A) SAFE THIRD COUNTRY.—Paragraph (1) shall not 
apply to an alien if the Attorney General determines that 
the alien may be removed, pursuant to a bilateral or multi-
lateral agreement, to a country (other than the country 
of the alien's nationality or, in the case of an alien having 
no nationality, the country of the alien's last habitual resi-
dence) in which the alien's life or freedom would not be 
threatened on account of race, religion, nationality, mem-
bership in a particular social group, or political opinion, 
and where the alien would have access to a full and fair 
procedure for determining a claim to asylum or equivalent 
temporary protection, unless the Attorney General finds 
110 STAT. 3009-691 
PUBLIC LAW 104-208—SEPT. 30, 1996 
that it is in the pubHc interest for the alien to receive 
asylum in the United States. 
"(B) TIME LIMIT.—Subject to subparagraph (D), para-
graph (1) shall not apply to an alien unless the alien 
demonstrates by clear and convincing evidence that the 
application has been filed within 1 year after the date 
of the alien's arrival in the United States. 
"(C) 
PREVIOUS 
ASYLUM APPLICATIONS.—Subject 
to 
subparagraph (D), paragraph (1) shall not apply to an 
alien if the alien has previously applied for asylum and 
had such application denied. 
"(D) CHANGED CIRCUMSTANCES.—An application for 
asylum of an alien may be considered, notwithstanding 
subparagraphs (B) and (C), if the alien demonstrates to 
the satisfaction of the Attorney General either the existence 
of changed circumstances which materially affect the 
applicant's eligibility for asylum or extraordinary cir-
cumstances relating to the delay in filing an application 
within the period specified in subparagraph (B). 
"(3) LIMITATION ON JUDICIAL REVIEW.—No court shall have 
jurisdiction to review any determination of the Attorney Gen-
eral under paragraph (2). 
"(b) CONDITIONS FOR GRANTING ASYLUM.— 
"(1) IN GENERAL.—^The Attorney General may grant asylum 
to an alien who has applied for asylum in accordance with 
the requirements and procedures established by the Attorney 
Greneral under this section if the Attorney General determines 
that such alien is a refugee within the meaning of section 
101(a)(42)(A). 
"(2) EXCEPTIONS.— 
"(A) IN GENERAL.—Paragraph (1) shall not apply to 
an alien if the Attorney Greneral determines that— 
"(i) the alien ordered, incited, assisted, or otherwise 
participated in the persecution of any person on 
account of race, religion, nationality, membership in 
a particular social group, or political opinion; 
"(ii) the alien, having been convicted by a final 
judgment of a particularly serious crime, constitutes 
a danger to the community of the United States; 
"(iii) there are serious reasons for believing that 
the alien has committed a serious nonpolitical crime 
outside the United States prior to the arrival of the 
alien in the United States; 
"(iv) there are reasonable grounds for regarding 
the alien as a danger to the security of the United 
States; 
"(v) the alien is inadmissible under subclause (I), 
(II), (III), or (IV) of section 212(a)(3)(BXi) or removable 
under section 237(a)(4XB) (relating to terrorist activ-
ity), unless, in the case only of an alien inadmissible 
under subclause (IV) of section 212(a)(3)(B)(i), the 
Attorney Greneral determines, in the Attorney G^eneral's 
discretion, that there are not reasonable grounds for 
regarding the alien as a danger to the security of 
the United States; or 
"(vi) the alien was firmly resettled in another coun-
try prior to arriving in the United States. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-692 
"(B) SPECIAL RULES.— 
"(i) CONVICTION OF AGGRAVATED FELONY.—^For pur-
poses of clause (ii) of subparagraph (A), an alien who 
has been convicted of an aggravated felony shall be 
considered to have been convicted of a particularly 
serious crime. 
"(ii) OFFENSES.—^The Attorney General may des-
ignate by regulation offenses that will be considered 
to be a crime described in clause (ii) or (iii) of subpara-
graph (A). 
"(C) ADDITIONAL LIMITATIONS.—^The Attorney General 
may by regulation establish additional limitations and 
conditions, consistent with this section, under which an 
alien shall be ineligible for asylum under paragraph (1). 
"(D) N O JUDICIAL REVIEW.—^There shall be no judicial 
review of a determination of the Attorney Greneral under 
subparagraph (A)(v). 
"(3) TREATMENT OF SPOUSE AND CHILDREN.—^A spouse or 
child (as defined in section 101(b)(1)(A), (B), (C), (D), or (E)) 
of an alien who is granted asylum under this subsection may, 
if not otherwise eligible for asylum under this section, be 
granted the same status as the alien if accompanying, or follow-
ing to join, such alien. 
"(c) ASYLUM STATUS.— 
"(1) IN GENERAL.—In the case of an alien granted asylum 
under subsection (b), the Attorney General— 
"(A) shall not remove or return the alien to the alien's 
country of nationality or, in the case of a person having 
no nationality, the country of the alien's last habitual resi-
dence; 
"(B) shall authorize the alien to engage in employment 
in the United States and provide the alien with appropriate 
endorsement of that authorization; and 
"(C) may allow the alien to travel abroad with the 
prior consent of the Attorney General. 
"(2) TERMINATION OF ASYLUM.—^Asylum granted under sub-
section (b) does not convey a right to remain permanently 
in the United States, and may be terminated if the Attorney 
General determines that— 
"(A) the alien no longer meets the conditions described 
in subsection (b)(1) owing to a fundamental change in 
circumstances; 
"(B) the alien meets a condition described in subsection 
(b)(2); 
"(C) the alien may be removed, pursuant to a bilateral 
or multilateral agreement, to a country (other than the 
country of the alien's nationality or, in the case of an 
alien having no nationality, the country of the alien's last 
habitual residence) in which the alien's life or freedom 
would not be threatened on account of race, religion, 
nationality, membership in a particular social group, or 
political opinion, and where the alien is eligible to receive 
asylum or equivalent temporary protection; 
"(D) the alien has voluntarily availed himself or herself 
of the protection of the alien's country of nationality or, 
in the case of an alien having no nationality, the alien's 
country of last habitual residence, by returning to such 
110 STAT. 3009-693 
PUBLIC LAW 104-208—SEPT. 30, 1996 
country with permanent resident status or the reasonable 
possibility of obtaining such status with the same rights 
and obligations pertaining to other permanent residents 
of that country; or 
"(E) the alien has acquired a new nationality and enjoys 
the protection of the country of his or her new nationality. 
"(3) REMOVAL WHEN ASYLUM IS TERMINATED.—An alien 
described in paragraph (2) is subject to any applicable grounds 
of inadmissibility or deportability under section 212(a) and 
237(a), and the alien's removal or return shall be directed 
by the Attorney General in accordance with sections 240 and 
241. 
"(d) ASYLUM PROCEDURE.— 
"(1) APPLICATIONS.—The Attorney General shall establish a 
procedure for the consideration of asylum applications filed 
under subsection (a). The Attorney General may require 
applicants to submit fingerprints and a photograph at such 
time and in such manner to be determined by regulation by 
the Attorney General. 
"(2) EMPLOYMENT.—^An applicant for asylum is not entitled 
to employment authorization, but such authorization may be 
provided under regulation by the Attorney General. An 
applicant who is not otherwise eligible for 
employment 
authorization shall not be granted such authorization prior 
to 180 days after the date of filing of the application for asylum. 
"(3) FEES.—^The Attorney General may impose fees for the 
consideration of an application for asylum, for employment 
authorization under this section, and for adjustment of status 
under section 209(b). Such fees shall not exceed the Attorney 
Greneral's costs in adjudicating the applications. The Attorney 
General may provide for the assessment and payment of such 
fees over a period of time or by installments. Nothing in this 
paragraph shall be construed to require the Attorney General 
to charge fees for adjudication services provided to asylum 
applicants, or to limit the authority of the Attorney General 
to set adjudication and naturalization fees in accordance with 
section 286(m). 
"(4) NOTICE OF PRIVILEGE OF COUNSEL AND CONSEQUENCES 
OF FRIVOLOUS APPLICATION.—^At the time of filing an application 
for asylum, the Attorney General shall— 
"(A) advise the alien of the privilege of being represented 
by counsel and of the consequences, under paragraph (6), 
of knowingly filing a frivolous application for asylum; and 
"(B) provide the alien a list of persons (updated not 
less often than quarterly) who have indicated their avail-
ability to represent aliens in asylum proceedings on a pro 
bono basis. 
"(5) CONSIDERATION OF ASYLUM APPLICATIONS.— 
"(A) PROCEDURES.—^The procedure established under 
paragraph (1) shall provide that— 
"(i) asylum cannot be granted until the identity 
of the applicant has been checked against all appro-
priate records or databases maintained by the Attorney 
General and by the Secretary of State, including the 
Automated Visa Lookout System, to determine any 
grounds on which the alien may be inadmissible to 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-694 
or deportable from the United States, or ineligible to 
apply for or be granted asylum; 
"(ii) in the absence of exceptional circumstances, the 
initial interview or hearing on the asylum application 
shall commence not later than 45 days after the date 
an application is filed; 
"(iii) in the absence of exceptional circumstances, 
final administrative adjudication of the asylum applica-
tion, not including administrative appeal, shall be com-
pleted within 180 days after the date an application 
is filed; 
"(iv) any administrative appeal shall be filed within 
30 days of a decision granting or denying asylum, 
or within 30 days of the completion of removal proceed-
ings before an immigration judge under section 240, 
whichever is later; and 
"(v) in the case of an applicant for asylum who 
fails without prior authorization or in the absence of 
exceptional circumstances to appear for an interview 
or hearing, including a hearing under section 240, the 
application may be dismissed or the applicant may 
be otherwise sanctioned for such failure. 
"(B) ADDITIONAL REGULATORY CONDITIONS.—^The Attor-
ney General may provide by regulation for any other condi-
tions or limitations on the consideration of an application 
for asylum not inconsistent with this Act. 
"(6) FRIVOLOUS APPLICATIONS.—If the Attorney General deter-
mines that an alien has knowingly made a frivolous application 
for asylum and the alien has received the notice under para-
graph (4)(A), the alien shall be permanently ineligible for any 
benefits under this Act, effective as of the date of a final 
determination on such application. 
"(7) No PRIVATE RIGHT OF ACTION.—Nothing in this subsection 
shall be construed to create any substantive or procedural 
right or benefit that is legally enforceable by any party against 
the United States or its agencies or officers or any other per-
son. . 
(b) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) The item in the table of contents relating to section 
208 is amended to read as follows: 
"Sec. 208. Asylum.". 
(2) Section 104(d)(1)(A) of the Immigration Act of 1990 (PubHc 
Law 101-649) is amended by striking "208(b)" and inserting 8 USC 1159 note. 
"208". 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) 8 use 1158 note, 
shall apply to applications for asylum filed on or after the first 
day of the first month beginning more than 180 days after the 
date of the enactment of this Act. 
SEC. 605. INCREASE IN ASYLUM OFFICERS. 
Subject to the availability of appropriations, the Attorney Gen-
eral shall provide for an increase in the number of asylum officers 
to at least 600 asylum officers by fiscal year 1997. 
110 STAT. 3009-695 
PUBLIC LAW 104-208—SEPT. 30, 1996 
8 use 1255 note. 
SEC. 606. CONDITIONAL REPEAL OF CUBAN ADJUSTMENT ACT. 
(a) IN GENERAL.—Public Law 89-732 is repealed effective only 
upon a determination by the President under section 203(c)(3) of 
the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 
1996 (Public Law 104-114) that a democratically elected govern-
ment in Cuba is in power. 
(b) LIMITATION.—Subsection (a) shall not apply to aliens for 
whom an application for adjustment of status is pending on such 
effective date. 
Subtitle B—Miscellaneous Amendments to 
the Immigration and Nationality Act 
SEC. 621. ALIEN WITNESS COOPERATION. 
Section 2140')(1) (8 U.S.C. 1184(j)(l)) (as added by section 
130003(b)(2) of the Violent Crime Control and Law Enforcement 
Act of 1994 (Public Law 103-322; 108 Stat. 2025)) (relating to 
numerical limitations on the number of aliens who may be provided 
a visa as nonimmigrants under section 101(a)(15)(S) of the Immigra-
tion and Nationality Act) is amended— 
(1) by striking "100." and inserting "200."; and 
(2) by striking "25." and inserting "50.". 
SEC. 622. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT 
WITH RESPECT TO INTERNATIONAL MEDICAL GRAD-
UATES. 
(a) EXTENSION OF WAIVER PROGRAM.—Section 220(c) of the 
Immigration and Nationality Technical Corrections Act of 1994 
(8 U.S.C. 1182 note) is amended by striking "1996." and inserting 
"2002.". 
(b) CONDITIONS ON FEDERALLY REQUESTED WAIVERS.—Section 
212(e) (8 U.S.C. 1182(e)) is amended by inserting after "except 
that in the case of a waiver requested by a State Department 
of Public Health, or its equivalent" the following: ", or in the 
case of a waiver requested by an interested United States Govern-
ment agency on behalf of an alien described in clause (iii),". 
(c) RESTRICTIONS ON FEDERALLY REQUESTED WAIVERS.—Section 
214(k) (8 U.S.C. 1184(k)) (as added by section 220(b) of the Immigra-
tion and Nationality Technical Corrections Act of 1994 (Public Law 
103-416; 108 Stat. 4319)) is amended to read as follows: 
"(k)(l) In the case of a request by an interested State agency, 
or by an interested Federal agency, for a waiver of the 2-year 
foreign residence requirement under section 212(e) on behalf of 
an alien described in clause (iii) of such section, the Attorney 
General shall not grant such waiver unless— 
"(A) in the case of an alien who is otherwise contractually 
obligated to return to a foreign country, the government of 
such country furnishes the Director of the United States 
Information Agency with a statement in writing that it has 
no objection to such waiver; 
"(B) in the case of a request by an interested State agency, 
the grant of such waiver would not cause the number of waivers 
allotted for that State for that fiscal year to exceed 20; 
"(C) in the case of a request by an interested Federal agency 
or by an interested State agency— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-696 
"(i) the alien demonstrates a bona fide offer of full-time 
employment at a health facility or health care organization, 
which employment has been determined by the Attorney 
General to be in the public interest; and 
"(ii) the alien agrees to begin emplo5anent with the health 
facility or health care organization within 90 days of receiv-
ing such waiver, and agrees to continue to work for a 
total of not less than 3 years (unless the Attorney General 
determines that extenuating circumstances exist, such as 
closure of the facility or hardship to the alien, which would 
justify a lesser period of employment at such health facility 
or health care organization, in which case the alien must 
demonstrate another bona fide offer of employment at a 
health facility or health care organization for the remainder 
of such 3-year period); and 
"(D) in the case of a request by an interested Federal agency 
(other than a request by an interested Federal agency to employ 
the alien full-time in medical research or training) or by an 
interested State agency, the alien agrees to practice medicine 
in accordance with paragraph (2) for a total of not less than 
3 years only in the geographic area or areas which are des-
ignated by the Secretary of Health and Human Services as 
having a shortage of health care professionals. 
"(2)(A) Notwithstanding section 248(2), the Attorney General 
may change the status of an alien who qualifies under this 
subsection and section 212(e) to that of an alien described 
in section 101(a)(15)(H)(i)(b). 
"(B) No person who has obtained a change of status under 
subparagraph (A) and who has failed to fulfill the terms of 
the contract with the health facility or health care organization 
named in the waiver application shall be eligible to apply 
for an immigrant visa, for permanent residence, or for any 
other change of nonimmigrant status, until it is established 
that such person has resided and been physically present in 
the country of his nationality or his last residence for an aggre-
gate of at least 2 years following departure from the United 
States. 
"(3) Notwithstanding any other provision of this subsection, 
the 2-year foreign residence requirement under section 212(e) 
shall apply with respect to an alien described in clause (iii) 
of such section, who has not otherwise been accorded status 
under section 101(a)(27)(H), if— 
"(A) at any time the alien ceases to comply with any 
agreement entered into under subparagraph (C) or (D) 
of paragraph (1); or 
"(B) the alien's employment ceases to benefit the public 
interest at any time during the 3-year period described 
in paragraph (1)(C).". 
SEC. 623. USE OF LEGALIZATION AND SPECIAL AGRICULTURAL 
WORKER INFORMATION. 
(a) CONFIDENTIALITY OF INFORMATION.—Section 245A(c)(5) (8 
U.S.C. 1255a(c)(5)) is amended to read as follows: 
"(5) CONFIDENTIALITY OF INFORMATION.— 
"(A) IN GENERAL.—Except as provided in this para-
graph, neither the Attorney General, nor any other official 
110 STAT. 3009-697 
PUBLIC LAW 104-208—SEPT. 30, 1996 
or employee of the Department of Justice, or bureau or 
agency thereof, may— 
"(i) use the information furnished by the appHcant 
pursuant to an appHcation filed under this section 
for any purpose other than to make a determination 
on the application, for enforcement of paragraph (6), 
or for the preparation of reports to Congress under 
section 404 of the Immigration Reform and Control 
Act of 1986; 
"(ii) make any publication whereby the information 
furnished by any particular applicant can be identified; 
or 
"(iii) permit anyone other than the sworn officers 
and employees of the Department or bureau or agency 
or, with respect to applications filed with a designated 
entity, that designated entity, to examine individual 
applications. 
"(B) REQUIRED DISCLOSURES.—The Attorney General 
shall provide the information furnished under this section, 
and any other information derived from such furnished 
information, to a duly recognized law enforcement entity 
in connection with a criminal investigation or prosecution, 
when such information is requested in writing by such 
entity, or to an official coroner for purposes of affirmatively 
identifying a deceased individual (whether or not such 
individual is deceased as a result of a crime). 
"(C) AUTHORIZED DISCLOSURES.—The Attorney General 
may provide, in the Attorney General's discretion, for the 
furnishing of information furnished under this section in 
the same manner and circumstances as census information 
may be disclosed by the Secretary of Commerce under 
section 8 of title 13, United States Code. 
"(D) CONSTRUCTION.— 
"(i) IN GENERAL.—Nothing in this paragraph shall 
be construed to limit the use, or release, for immigra-
tion enforcement purposes or law enforcement purposes 
of information contained in files or records of the Serv-
ice pertaining to an application filed under this section, 
other than information furnished by an applicant 
pursuant to the application, or any other information 
derived from the application, that is not available from 
any other source. 
"(ii) CRIMINAL COI^JTVICTIONS.—Information concern-
ing whether the applicant has at any time been con-
victed of a crime may be used or released for immigra-
tion enforcement or law enforcement purposes. 
"(E) CRIME.—^Whoever knowingly uses, publishes, or 
permits information to be examined in violation of this 
paragraph shall be fined not more than $10,000.". 
(b) SPECIAL AGRICULTURAL WORKERS.—Section 210(b)(6) (8 
U.S.C. 1160(b)(6)) is amended to read as follows: 
"(6) CONFIDENTIALITY OF INFORMATION.— 
"(A) IN GENERAL.—Except as provided in this para-
graph, neither the Attorney General, nor any other official 
or employee of the Department of Justice, or bureau or 
agency thereof, may— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-698 
"(i) use the information furnished by the applicant 
pursuant to an appUcation filed under this section 
for any purpose other than to make a determination 
on the application, including a determination under 
subsection (a)(3)(B), or for enforcement of paragraph 
(7); 
"(ii) make any publication whereby the information 
furnished by any particular individual can be identi-
fied; or 
"(iii) permit anyone other than the sworn officers 
and employees of the Department or bureau or agency 
or, with respect to applications filed with a designated 
entity, that designated entity, to examine individual 
applications. 
"(B) REQUIRED DISCLOSURES.—^The Attorney General 
shall provide information furnished under this section, and 
any other information derived from such furnished informa-
tion, to a duly recognized law enforcement entity in connec-
tion with a criminal investigation or prosecution, when 
such information is requested in writing by such entity, 
or to an official coroner for purposes of affirmatively identi-
fying a deceased individual (whether or not such individual 
is deceased as a result of a crime). 
"(C) CONSTRUCTION.— 
"(i) IN GENERAL.—Nothing in this paragraph shall 
be construed to limit the use, or release, for immigra-
tion enforcement purposes or law enforcement purposes 
of information contained in files or records of the Serv-
ice pertaining to an application filed under this section, 
other than information furnished by an applicant 
pursuant to the application, or any other information 
derived from the application, that is not available from 
any other source. 
"(ii) CRIMINAL CONVICTIONS.—Information concern-
ing whether the applicant has at any time been con-
victed of a crime may be used or released for immigra-
tion enforcement or law enforcement purposes. 
"(D) CRIME.—Whoever knowingly uses, publishes, or 
permits information to be examined in violation of this 
paragraph shall be fined not more than $10,000.". 
SEC. 624. CONTINUED VALIDITY OF LABOR CERTIFICATIONS AND 
CLASSIFICATION PETITIONS FOR PROFESSIONAL ATH-
LETES. 
(a) 
LABOR 
CERTIFICATION.—Section 212(a)(5)(A) (8 U.S.C. 
1182(a)(5)(A)) is amended by adding at the end the following: 
"(iii) PROFESSIONAL ATHLETES.— 
"(I) IN GENERAL.—^A certification made under 
clause (i) with respect to a professional athlete 
shall remain valid with respect to the athlete after 
the athlete changes employer, if the new employer 
is a team in the same sport as the team which 
employed the athlete when the athlete first applied 
for the certification. 
"(II) DEFINITION.—For purposes of subclause 
(I), the term 'professional athlete' means an 
individual who is employed as an athlete by— 
110 STAT. 3009-699 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(aa) a team that is a member of an 
association of 6 or more professional sports 
teams whose total combined revenues exceed 
$10,000,000 per year, if the association gov-
erns the conduct of its members and regulates 
the contests and exhibitions in which its mem-
ber teams regularly engage; or 
"(bb) any minor league team that is affili-
ated with such an association.", 
(b) CLASSIFICATION PETITIONS.—Section 204 (8 U.S.C. 1154) 
is amended by adding at the end the following: 
"(i) PROFESSIONAL ATHLETES.— 
"(1) IN GENERAL.—^A petition under subsection (a)(4)(D) 
for classification of a professional athlete shall remain valid 
for the athlete after the athlete changes employers, if the 
new employer is a team in the same sport as the team which 
was the employer who filed the petition. 
"(2) DEFINITION.—^For purposes of paragraph (1), the term 
'professional athlete' means an individual who is employed 
as an athlete by— 
"(A) a team that is a member of an association of 
6 or more professional sports teams whose total combined 
revenues exceed $10,000,000 per year, if the association 
governs the conduct of its members and regulates the con-
tests and exhibitions in which its member teams regularly 
engage; or 
"(B) any minor league team that is affiliated with 
such an association.". 
SEC. 625. FOREIGN STUIffiNTS. 
(a) LIMITATIONS.— 
(1) IN GENERAL.—Section 214 (8 U.S.C. 1184) is amended 
by adding at the end the following new subsection: 
"(1)(1) An alien may not be accorded status as a nonimmigrant 
under section 101(a)(15)(F)(i) in order to pursue a course of study— 
"(A) at a public elementary school or in a publicly funded 
adult education program; or 
"(B) at a public secondary school unless— 
"(i) the aggregate period of such status at such a school 
does not exceed 12 months with respect to any alien, and 
(ii) the alien demonstrates that the alien has reimbursed 
the local educational agency that administers the school 
for the full, unsubsidized per capita cost of providing edu-
cation at such school for the period of the alien's attend-
ance. 
"(2) An alien who obtains the status of a nonimmigrant under 
section 101(a)(15)(F)(i) in order to pursue a course of study at 
a private elementary or secondary school or in a language training 
program that is not publicly funded shall be considered to have 
violated such status, and the alien's visa under section 101(a)(15)(F) 
shall be void, if the alien terminates or abandons such course 
of study at such a school and undertakes a course of study at 
a public elementary school, in a publicly funded adult education 
program, in a publicly funded adult education language training 
program, or at a public secondary school (unless the requirements 
of paragraph (1)(B) are met).". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-700 
(2) CONFORMING AMENDMENT.—Section 101(a)(15)(F) (8 
U.S.C. 1101(a)(15)(F)) is amended by inserting "consistent with 
section 214(1)" after "such a course of study". 
(b) REFERENCE TO NEW GROUND OF EXCLUSION FOR STUDENT 
VISA ABUSERS.—For addition of ground of inadmissibiHty for certain 
nonimmigrant student abusers, see section 347 of this division. 
(c) EFFECTIVE DATE.—The amendments made by subsection 
8 USC iioi note, 
(a) shall apply to individuals who obtain the status of a non-
immigrant under section 101(a)(15)(F) of the Immigration and 
Nationality Act after the end of the 60-day period beginning on 
the date of the enactment of this Act, including aliens whose status 
as such a nonimmigrant is extended after the end of such period. 
SEC. 626. SERVICES TO FAMILY MEMBERS OF CERTAIN OFFICERS AND 
AGENTS KILLED IN THE LINE OF DUTY. 
(a) IN GENERAL.—^Title II, as amended by section 205(a) of 
this division, is amended by adding at the end the following new 
section: 
"TRANSPORTATION OF REMAINS OF IMMIGRATION OFFICERS AND 
BORDER PATROL AGENTS KILLED IN THE LINE OF DUTY 
"SEC. 295. (a) IN GENERAL.—^To the extent provided in appro- 
8 USC I363b. 
priation Acts, when an immigration officer or border patrol agent 
is killed in the line of duty, the Attorney (General may pay from 
appropriations available for the activity in which the officer or 
agent was engaged— 
"(1) the actual and necessary expenses of transportation 
of the remains of the officer or agent to a place of burial 
located in any State, American Samoa, the Commonwealth 
of the Northern Mariana Islands, the Republic of the Marshall 
Islands, the Federated States of Micronesia, or the Republic 
of Palau; 
"(2) travel expenses, including per diem in lieu of subsist-
ence, of the decedent's spouse and minor children to and from 
such site at rates not greater than those established for official 
government travel under subchapter I of chapter 57 of title 
5, United States Code; and 
"(3) any other memorial service authorized by the Attorney 
General. 
"(b) PREPAYMENT.—The Attorney General may prepay any 
expense authorized to be paid under this section.". 
(b) CLERICAL AMENDMENT.—^The table of contents, as amended 
by section 205(b) of this division, is amended by inserting after 
the item relating to section 294 the following new item: 
"Sec. 295. Transportation of remains of immigration officers and border 
patrol agents killed in the line of duty.". 
Subtitle C—Provisions Relating to Visa 
Processing and Consular Efficiency 
SEC. 631. VALIDITY OF PERIOD OF VISAS. 
(a) 
EXTENSION OF VALIDITY OF IMMIGRANT VISAS TO 6 
MONTHS.—Section 221(c) (8 U.S.C. 1201(c)) is amended by striking 
"four months" and inserting "six months". 
110 STAT. 3009-701 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(b) AUTHORIZING APPLICATION OF RECIPROCITY RULE FOR NON-
IMMIGRANT VISA IN CASE OF REFUGEES AND PERMANENT RESI-
DENTS.—Such section is further amended by inserting before the 
period at the end of the third sentence the following: "; except 
that in the case of aliens who are nationals of a foreign country 
and who either are granted refugee status and firmly resettled 
in another foreign country or are granted permanent residence 
and residing in another foreign country, the Secretary of State 
may prescribe the period of validity of such a visa based upon 
the treatment granted by that other foreign country to alien refu-
gees and permanent residents, respectively, in the United States". 
SEC. 
632. ELIMINATION OF CONSULATE SHOPPING 
FOR VISA 
OVERSTAYS. 
(a) IN GENERAL.—Section 222 (8 U.S.C. 1202) is amended by 
adding at the end the following: 
"(g)(1) In the case of an alien who has been admitted on 
the basis of a nonimmigrant visa and remained in the United 
States beyond the period of stay authorized by the Attorney General, 
such visa shall be void beginning after the conclusion of such 
period of stay. 
"(2) An alien described in paragraph (1) shall be ineligible 
to be readmitted to the United States as a nonimmigrant, except— 
"(A) on the basis of a visa (other than the visa described 
in paragraph (1)) issued in a consular office located in the 
country of the alien's nationality (or, if there is no office in 
such country, in such other consular office as the Secretary 
of State shall specify); or 
"(B) where extraordinary circumstances are found by the 
Secretary of State to exist.". 
8 u s e 1202 note. 
(b) APPLICABILITY.— 
(1) VISAS.—Section 222(g)(1) of the Immigration and 
Nationality Act, as added by subsection (a), shall apply to 
a visa issued before, on, or after the date of the enactment 
of this Act. 
(2) ALIENS SEEKING READMISSION.—Section 222(g)(2) of the 
Immigration and Nationality Act, as added by subsection (a), 
shall apply to any alien applying for readmission to the United 
States after the date of the enactment of this Act, except 
an alien applying for readmission on the basis on a visa that— 
(A) was issued before such date; and 
(B) is not void through the application of section 
222(g)(1) of the Immigration and Nationality Act, as added 
by subsection (a). 
SEC. 633. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES. 
Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amended— 
(1) by inserting "(A)" after "NONDISCRIMINATION.—"; and 
(2) by adding at the end the following: 
"(B) Nothing in this paragraph shall be construed to limit 
the authority of the Secretary of State to determine the proce-
dures for the processing of immigrant visa applications or the 
locations where Such applications will be processed.". 
SEC. 634. CHANGES REGARDING VISA APPLICATION PROCESS. 
(a) NONIMMIGRANT APPLICATIONS.—Section 222(c) (8 U.S.C. 
1202(c)) is amended— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-702 
(1) by striking "personal description" through "marks of 
identification);"; 
(2) by striking "applicant" and inserting "applicant, the 
determination of his eligibility for a nonimmigrant visa,"; and 
(3) by adding at the end the following: "At the discretion 
of the Secretary of State, application forms for the various 
classes of nonimmigrant admissions described in section 
101(a)(15) may vary according to the class of visa being 
requested.". 
(b) DISPOSITION OF APPLICATIONS.—Section 222(e) (8 U.S.C. 
1202(e)) is amended— 
(1) in the first sentence, by striking "required by this 
section" and inserting "for an immigrant visa"; and 
(2) in the fourth sentence— 
(A) by striking "stamp" and inserting "stamp, or other 
(B) by striking "by the consular officer". 
SEC. 635. VISA WAIVER PROGRAM. 
(a) ELIMINATION OF JOINT ACTION REQUIREMENT.—Section 217 
(8 U.S.C. 1187) is amended— 
(1) in subsection (a), by striking "Attorney General and 
the Secretary of State, acting jointly" and inserting "Attorney 
General, in consultation with the Secretary of State"; 
(2) in subsection (c)(1), by striking "Attorney General and 
the Secretary of State acting jointl/' and inserting "Attorney 
General, in consultation with the Secretary of State,"; and 
(3) in subsection (d), by striking "Attorney Greneral and 
the Secretary of State, acting jointly," and inserting "Attorney 
General, in consultation with the Secretary of State,". 
(b) EXTENSION OF PROGRAM.—Section 217(f) (8 U.S.C. 1187(f)) 
is amended by striking "1996" and inserting "1997.". 
(c) DURATION AND TERMINATION OF DESIGNATION OF PILOT PRO-
GRAM COUNTRIES.— 
(1) IN GENERAL.—Section 217(g) (8 U.S.C. 1187(g)) is 
amended to read as follows: 
"(g) DURATION AND TERMINATION OF DESIGNATION.— 
"(1) IN GENERAL.— 
"(A) DETERMINATION AND NOTIFICATION OF DISQUALI-
FICATION RATE.—^Upon determination by the Attorney Gen-
eral that a pilot program country's disqualification rate 
is 2 percent or more, the Attorney General shall notify 
the Secretary of State. 
"(B) PROBATIONARY STATUS.—If the program country's 
disqualification rate is greater than 2 percent but less 
than 3.5 percent, the Attorney General shall place the 
program country in probationary status for a period not 
to exceed 2 full fiscal years following the year in which 
the determination under subparagraph (A) is made. 
"(C) TERMINATION OF DESIGNATION.—Subject to para-
graph (3), if the program country's disqualification rate 
is 3.5 percent or more, the Attorney General shall terminate 
the countr/s designation as a pilot program country effec-
tive at the beginning of the second fiscal year following 
the fiscal year in which the determination under subpara-
graph (A) is made. 
"(2) TERMINATION OF PROBATIONARY STATUS.— 
29-194 O - 96 - 28 : QL 3 Part 4 
110 STAT. 3009-703 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(A) IN GENERAL.—If the Attorney General determines 
at the end of the probationary period described in para-
graph (1)(B) that the program country placed in probation-
ary status under such paragraph has failed to develop 
a machine-readable passport program as required by sec-
tion (c)(2)(C), or has a disqualification rate of 2 percent 
or more, the Attorney General shall terminate the designa-
tion of the country as a pilot program country. If the 
Attorney General determines that the program country 
has developed a machine-readable passport program and 
has a disqualification rate of less than 2 percent, the Attor-
ney General shall redesignate the country as a pilot pro-
gram country. 
"(B) EFFECTIVE DATE.—^A termination of the designa-
tion of a country under subparagraph (A) shall take effect 
on the first day of the first fiscal year following the fiscal 
year in which the determination under such subparagraph 
is made. Until such date, nationals of the country shall 
remain eligible for a waiver under subsection (a). 
"(3) NONAPPLICABILITY OF CERTAIN PROVISIONS.—Paragraph 
(1)(C) shall not apply unless the total number of nationals 
of a pilot program country described in paragraph (4)(A) exceeds 
100. 
"(4) DEFINITION.—For purposes of this subsection, the term 
'disqualification rate' means the percentage which— 
"(A) the total number of nationals of the pilot program 
country who were— 
"(i) excluded from admission or withdrew their 
application for admission during the most recent fiscal 
year for which data are available; and 
"(ii) admitted as nonimmigrant visitors during 
such fiscal year and who violated the terms of such 
admission; bears to 
"(B) the total number of nationals of such country 
who aprplied for admission as nonimmigrant visitors during 
such fiscal year.". 
8 use 1187 note. 
(2) TRANSITION.—^A country designated as a pilot program 
country with probationary status under section 217(g) of the 
Immigration and Nationality Act (as in effect on the day before 
the date of the enactment of this Act) shall be considered 
to be designated as a pilot program country on and after such 
date, subject to placement in probationary status or termination 
of such designation under such section (as amended by para-
graph (1)). 
(3) 
CONFORMING AMENDMENT.—Section 217(a)(2)(B) (8 
U.S.C. 1187(a)(2)(B)) is amended by striking "or is" through 
"subsection (g)." and inserting a period. 
8 u s e 1153 note. 
SEC. 636. FEE FOR DIVERSITY IMMIGRANT LOTTERY. 
The Secretary of State may establish a fee to be paid by 
each applicant for an immigrant visa described in section 203(c) 
of the Immigration and Nationality Act. Such fee may be set at 
a level that will ensure recovery of the cost to the Department 
of State of allocating visas under such section, including the cost 
of processing all applications thereunder. All fees collected under 
this section shall be used for providing consular services. All fees 
collected under this section shall be deposited as an offsetting 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-704 
collection to any Department of State appropriation and shall 
remain available for obligations until expended. The provisions 
of the Act of August 18, 1856 (11 Stat. 58; 22 U.S.C. 4212-4214), 
concerning accounting for consular fees, shall not apply to fees 
collected under this section. 
SEC. 637. EUGIBILITY FOR VISAS FOR CERTAIN POLISH APPUCANTS 
8 USC 1153 note. 
FOR THE 1995 DIVERSITY IMMIGRANT PROGRAM. 
(a) IN GENERAL.—^The Attorney General, in consultation with 
the Secretary of State, shall include among the aliens selected 
for diversity immigrant visas for fiscal year 1997 pursuant to section 
203(c) of the Immigration and Nationality Act any alien who, on 
or before September 30, 1995— 
(1) was selected as a diversity immigrant under such sec-
tion for fiscal year 1995; 
(2) applied for adjustment of status to that of an alien 
lawfully admitted for permanent residence pursuant to section 
245 of such Act during fiscal year 1995, and whose application, 
and any associated fees, were accepted by the Attorney Greneral, 
in accordance with applicable regulations; 
(3) was not determined by the Attorney General to be 
excludable under section 212 of such Act or ineligible under 
section 203(c)(2) of such Act; and 
(4) did not become an alien lawfully admitted for permanent 
residence during fiscal year 1995. 
(b) PRIORITY.—The aliens selected under subsection (a) shall 
be considered to have been selected for diversity immigrant visas 
for fiscal year 1997 prior to any alien selected under any other 
provision of law. 
(c) REDUCTION OF IMMIGRANT VISA NUMBER.—For purposes 
of applying the numerical limitations in sections 201 and 203(c) 
of the Immigration and Nationality Act, aliens selected under sub-
section (a) who are granted an immigrant visa shall be treated 
as aliens granted a visa under section 203(c) of such Act. 
Subtitle D—Other Provisions 
SEC. 641. PROGRAM TO COLLECT INFORMATION RELATING TO NON- 
8 USC 1372. 
IMMIGRANT FOREIGN STUDENTS AND OTHER EXCHANGE 
PROGRAM PARTICIPANTS. 
(a) IN GENERAL.— 
(1) PROGRAM.—^The Attorney Greneral, in consultation with 
the Secretary of State and the Secretary of Education, shall 
develop and conduct a program to collect from approved institu-
tions of higher education and designated exchange visitor pro-
grams in the United States the information described in sub-
section (c) with respect to aliens who— 
(A) have the status, or are appljdng for the status, 
of nonimmigrants under subparagraph (F), (J), or (M) of 
section 101(a)(15) of the Immigration and Nationality Act; 
and 
(B) are nationals of the countries designated under 
subsection (b). 
(2) DEADLINE.—The program shall commence not later than 
January 1, 1998. 
110 STAT. 3009-705 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(b) COVERED COUNTRIES.—The Attorney General, in consulta-
tion with the Secretary of State, shall designate countries for pur-
poses of subsection (a)(1)(B). The Attorney General shall initially 
designate not less than 5 countries and may designate additional 
countries at any time while the program is being conducted. 
(c) INFORMATION TO BE COLLECTED.— 
(1) IN GENERAL.—The information for collection under sub-
section (a) with respect to an alien consists of— 
(A) the identity and current address in the United 
States of the alien; 
(B) the nonimmigrant classification of the alien and 
the date on which a visa under the classification was 
issued or extended or the date on which a change to such 
classification was approved by the Attorney General; 
(C) in the case of a student at an approved institution 
of higher education, the current academic status of the 
alien, including whether the alien is maintaining status 
as a full-time student or, in the case of a participant 
in a designated exchange visitor program, whether the 
alien is satisfying the terms and conditions of such pro-
gram; and 
(ID) in the case of a student at an approved institution 
of higher education, any disciplinary action taken by the 
institution against the alien as a result of the alien's being 
convicted of a crime or, in the case of a participant in 
a designated exchange visitor program, any change in the 
alien's participation as a result of the alien's being con-
victed of a crime. 
(2) FERPA.—The Family Educational Rights and Privacy 
Act of 1974 shall not apply to aliens described in subsection 
(a) to the extent that the Attorney General determines nec-
essary to carry out the program under subsection (a). 
(3) ELECTRONIC COLLECTION.—The information described 
in paragraph (1) shall be collected electronically, where prac-
ticable. 
(4) COMPUTER SOFTWARE.— 
(A) COLLECTING INSTITUTIONS.—^To the extent prac-
ticable, the Attorney General shall design the program 
in a manner that permits approved institutions of higher 
education and designated exchange visitor programs to use 
existing software for the collection, storage, and data 
processing of information described in paragraph (1). 
(B) ATTORNEY GENERAL.—^To the extent practicable, 
the Attorney General shall use or enhance existing software 
for the collection, storage, and data processing of informa-
tion described in paragraph (1). 
(d) PARTICIPATION BY INSTITUTIONS OF HIGHER EDUCATION AND 
EXCHANGE VISITOR PROGRAMS.— 
(1) CONDITION.—^The information described in subsection 
(c) shall be provided by as a condition of— 
(A) in the case of an approved institution of higher 
education, the continued approval of the institution under 
subparagraph (F) or (M) of section 101(a)(15) of the 
Immigration and Nationality Act; and 
(B) in the case of an approved institution of higher 
education or a designated exchange visitor program, the 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-706 
granting of authority to issue documents to an alien dem-
onstrating the ahen's ehgibiHty for a visa under subpara-
graph (F), (J), or (M) of section 101(a)(15) of such Act. 
(2) EFFECT OF FAILURE TO PROVIDE INFORMATION.—If an 
approved institution of higher education or a designated 
exchange visitor program fails to provide the specified informa-
tion, such approvals and such issuance of visas shall be revoked 
or denied. 
(e) FUNDING.— 
(1) IN GENERAL.—Beginning on April 1, 1997, an approved 
institution of higher education and a designated exchange visi-
tor program shall impose on, and collect from, each alien 
described in paragraph (3), with respect to whom the institution 
or program is required by subsection (a) to collect information, 
a fee established by the Attorney General under paragraph 
(4) at the time— 
(A) when the alien first registers with the institution 
or program after entering the United States; or 
(B) in a case where a registration under subparagraph 
(A) does not exist, when the alien first commences activities 
in the United States with the institution or program. 
(2) REMITTANCE.—^An approved institution of higher edu-
cation and a designated exchange visitor program shall remit 
the fees collected under paragraph (1) to the Attorney General 
pursuant to a schedule established by the Attorney General. 
(3) ALIENS DESCRIBED.—^An alien referred to in paragraph 
(1) is an alien who has nonimmigrant status under subpara-
graph (F), (J), or (M) of section 101(a)(15) of the Immigration 
and Nationality Act (other than a nonimmigrant under section 
101(a)(15)(J) of such Act who has come to the United States 
as a participant in a program sponsored by the Federal Govern-
ment). 
(4) AMOUNT AND USE OF FEES.— 
(A) ESTABLISHMENT OF AMOUNT.—The Attorney Gen-
eral shall establish the amount of the fee to be imposed 
on, and collected from, an alien under paragraph (1). Except 
as provided in subsection (g)(2), the fee imposed on any 
individual may not exceed $100. The amount of the fee 
shall be based on the Attorney General's estimate of the 
cost per alien of conducting the information collection pro-
gram described in this section. 
(B) USE.—Fees collected under paragraph (1) shall be 
deposited as offsetting receipts into the 
Immigration 
Examinations Fee Account (established under section 
286(m) of the Immigration and Nationality Act) and shall 
remain available until expended for the Attorney General 
to reimburse any appropriation the amount paid out of 
which is for expenses in carrying out this section. 
(f) JOINT REPORT.—Not later than 4 years after the commence-
ment of the program established under subsection (a), the Attorney 
General, the Secretary of State, and the Secretary of Education 
shall jointly submit to the Committees on the Judiciary of the 
Senate and the House of Representatives a report on the operations 
of the program and the feasibility of expanding the program to 
cover the nationals of all countries. 
(g) WORLDWIDE APPLICABILITY OF THE PROGRAM.— 
(1) EXPANSION OF PROGRAM.— 
110 STAT. 3009-707 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(A) IN GENERAL.—Not later than 6 months after the 
submission of the report required by subsection (f), the 
Attorney General, in consultation with the Secretary of 
State and the Secretary of Education, shall commence 
expansion of the program to cover the nationals of all 
countries. 
(B) DEADLINE.—Such expansion shall be completed not 
later than 1 year after the date of the submission of the 
report referred to in subsection (f). 
(2) 
REVISION 
OF FEE.—^After the program has been 
expanded, as provided in paragraph (1), the Attorney General 
may, on a periodic basis, revise the amount of the fee imposed 
and collected under subsection (e) in order to take into account 
changes in the cost of carrying out the program. 
(h) DEFINITIONS.—^As used in this section: 
(1) APPROVED INSTITUTION OF HIGHER EDUCATION.—The 
term "approved institution of higher education" means a college 
or university approved by the Attorney General, in consultation 
with the Secretary of Education, under subparagraph (F), (J), 
or (M) of section 101(a)(15) of the Immigration and Nationality 
Act. 
(2) DESIGNATED EXCHANGE VISITOR PROGRAM.—The term 
"designated exchange visitor program" means a program that 
has been— 
(A) designated by the Director of the United States 
Information Agency for purposes of section 101(a)(15)(J) 
of the Immigration and Nationality Act; and 
(B) selected by the Attorney General for purposes of 
the program under this section. 
8 use 1373. 
SEC. 642. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND 
THE IMMIGRATION AND NATURALIZATION SERVICE. 
(a) IN GENERAL.—Notwithstanding any other provision of Fed-
eral, State, or local law, a Federal, State, or local government 
entity or official may not prohibit, or in any way restrict, any 
government entity or official from sending to, or receiving from, 
the Immigration and Naturalization Service information regarding 
the citizenship or immigration status, lawful or unlawful, of any 
individual. 
(b) ADDITIONAL AUTHORITY OF GOVERNMENT ENTITIES.—Not-
withstanding any other provision of Federal, State, or local law, 
no person or agency may prohibit, or in any way restrict, a Federal, 
State, or local government entity from doing any of the following 
with respect to information regarding the immigration status, lawful 
or unlawful, of any individual: 
(1) Sending such information to, or requesting or receiving 
such information from, the Immigration and Naturalization 
Service. 
(2) Maintaining such information. 
(3) Exchanging such information with any other Federal, 
State, or local government entity. 
(c) OBLIGATION TO RESPOND TO INQUIRIES.—The Immigration 
and Naturalization Service shall respond to an inquiry by a Federal, 
State, or local government agency, seeking to verify or ascertain 
the citizenship or immigration status of any individual within the 
jurisdiction of the agency for any purpose authorized by law, by 
providing the requested verification or status information. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-708 
SEC. 643. REGULATIONS REGARDING HABITUAL RESIDENCE. 
48 USC 1901 
Not later than 6 months after the date of the enactment of 
this Act, the Commissioner of Immigration and NaturaHzation shall 
issue regulations governing rights of "habitual residence" in the 
United States under the terms of the following: 
(1) The Compact of Free Association between the Govern-
ment of the United States and the Governments of the Marshall 
Islands and the Federated States of Micronesia (48 U.S.C. 
1901 note). 
(2) The Compact of Free Association between the Govern-
ment of the United States and the Government of Palau (48 
U.S.C. 1931 note). 
SEC. 644. INFORMATION REGARDING FEMALE GENITAL MUTILATION. 8 USC 1374. 
(a) PROVISION OF INFORMATION REGARDING FEMALE GENITAL 
MUTILATION.—^The Immigration and Naturalization Service (in 
cooperation with the Department of State) shall make available 
for all aliens who are issued immigrant or nonimmigrant visas, 
prior to or at the time of entry into the United States, the following 
information: 
(1) Information on the severe harm to physical and psycho-
logical health caused by female genital mutilation which is 
compiled and presented in a manner which is limited to the 
practice itself and respectful to the cultural values of the soci-
eties in which such practice takes place. 
(2) Information concerning potential legal consequences in 
the United States for (A) performing female genital mutilation, 
or (B) allowing a child under his or her care to be subjected 
to female genital mutilation, under criminal or child protection 
statutes or as a form of child abuse. 
(b) LIMITATION.—In consultation with the Secretary of State, 
the Commissioner of Immigration and Naturalization shall identify 
those countries in which female genital mutilation is commonly 
practiced and, to the extent practicable, limit the provision of 
information under subsection (a) to aliens from such countries. 
(c) DEFINITION.—For purposes of this section, the term "female 
genital mutilation" means the removal or infibulation (or both) 
of the whole or part of the clitoris, the labia minora, or labia 
majora. 
SEC. 645. CRIMINALIZATION OF FEMALE GENITAL MUTILATION. 
(a) FINDINGS.—^The Congress finds that— 
18 USC 116 note. 
(1) the practice of female genital mutilation is carried out 
by members of certain cultural and religious groups within 
the United States; 
(2) the practice of female genital mutilation often results 
in the occurrence of physical and psychological health effects 
that harm the women involved; 
(3) such mutilation infringes upon the guarantees of rights 
secured by Federal and State law, both statutory and constitu-
tional; 
(4) the unique circumstances surrounding the practice of 
female genital mutilation place it beyond the ability of any 
single State or local jurisdiction to control; 
(5) the practice of female genital mutilation can be prohib-
ited without abridging the exercise of any rights guaranteed 
110 STAT. 3009-709 
PUBLIC LAW 104-208—SEPT. 30, 1996 
under the first amendment to the Constitution or under any 
other law; and 
(6) Congress has the affirmative power under section 8 
of article I, the necessary and proper clause, section 5 of the 
fourteenth Amendment, as well as under the treaty clause, 
to the Constitution to enact such legislation, 
(b) CRIME.— 
(1) IN GENERAL.—Chapter 7 of title 18, United States Code, 
is amended by adding at the end the following: 
'*§ 116. Female genital mutilation 
"(a) Except as provided in subsection (b), whoever knowingly 
circumcises, excises, or infibulates the whole or any part of the 
labia majora or labia minora or clitoris of another person who 
has not attained the age of 18 years shall be fined under this 
title or imprisoned not more than 5 years, or both. 
"(b) A surgical operation is not a violation of this section if 
the operation is— 
"(1) necessary to the health of the person on whom it 
is performed, and is performed by a person licensed in the 
place of its performance as a medical practitioner; or 
"(2) performed on a person in labor or who has just given 
birth and is performed for medical purposes connected with 
that labor or birth by a person licensed in the place it is 
performed as a medical practitioner, midwife, or person in 
training to become such a practitioner or midwife. 
"(c) In applying subsection (b)(1), no account shall be taken 
of the effect on the person on whom the operation is to be performed 
of any belief on the part of that person, or any other person, 
that the operation is required as a matter of custom or ritual.". 
(2) CONFORMING AMENDMENT.—The table of sections at 
the beginning of chapter 7 of title 18, United States Code, 
is amended by adding at the end the following new item: 
"116. Female genital mutilation.". 
18 use 116 note. 
(c) EFFECTIVE DATE.—The amendments made by subsection 
(b) shall take effect on the date that is 180 days after the date 
of the enactment of this Act. 
8 use 1255 note. 
SEC. 646. ADJUSTMENT OF STATUS FOR CERTAIN POLISH AND 
HUNGARIAN PAROLEES. 
(a) IN GENERAL.—^The Attorney General shall adjust the status 
of an alien described in subsection (b) to that of an alien lawfully 
admitted for permanent residence if the alien— 
(1) applies for such adjustment; 
(2) has been physically present in the United States for 
at least 1 year and is physically present in the United States 
on the date the application for such adjustment is filed; 
(3) is admissible to the United States as an immigrant, 
except as provided in subsection (c); and 
(4) pays a fee (determined by the Attorney (General) for 
the processing of such application. 
(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS.—The benefits 
provided in subsection (a) shall only apply to an alien who— 
(1) was a national of Poland or Hungary; and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-710 
(2) was inspected and granted parole into the United States 
during the period beginning on November 1, 1989, and ending 
on December 31, 1991, after being denied refugee status. 
(c) WAIVER OF CERTAIN GROUNDS FOR INADMISSIBILITY.—The 
provisions of paragraphs (4), (5), and (7)(A) of section 212(a) of 
the Immigration and NationaUty Act shall not apply to adjustment 
of status under this section and the Attorney General may waive 
any other provision of such section (other than paragraph (2)(C) 
and subparagraphs (A), (B), (C), or (E) of paragraph (3)) with 
respect to such an adjustment for humanitarian purposes, to assure 
family unity, or when it is otherwise in the public interest. 
(d) DATE OF APPROVAL.—^Upon the approval of such an applica-
tion for adjustment of status, the Attorney General shall create 
a record of the alien's admission as an alien lawfully admitted 
for permanent residence as of the date of the alien's inspection 
and parole described in subsection (b)(2). 
(e) No OFFSET IN NUMBER OF VISAS AVAILABLE.—^When an 
alien is granted the status of having been lawfully admitted for 
permanent residence under this section, the Secretary of State 
shall not be required to reduce the number of immigrant visas 
authorized to be issued under the Immigration and Nationality 
Act. 
SEC. 647. SUPPORT OF DEMONSTRATION PROJECTS. 
8 USC 1448 note. 
(a) IN GENERAL.—^The Attorney Greneral shall make available 
funds under this section, in each of fiscal years 1997 through 
2001, to the Commissioner of Immigration and Naturalization or 
to other public or private nonprofit entities to support demonstra-
tion projects under this section at 10 sites throughout the United 
States. Each such project shall be designed to provide for the 
administration of the oath of allegiance under section 337(a) of 
the Immigration and Nationality Act on a business day around 
Independence Day to approximately 500 people whose application 
for naturalization has been approved. Each project shall provide 
for appropriate outreach and ceremonial and celebratory activities. 
(b) SELECTION OF SITES.—The Attorney General shall, in the 
Attorney General's discretion, select diverse locations for sites on 
the basis of the number of naturalization applicants living in 
proximity to each site and the degree of local community participa-
tion and support in the project to be held at the site. Not more 
than 2 sites may be located in the same State. The Attorney 
Greneral shall consider changing the sites selected from year to 
year. 
(c) AMOUNTS AVAILABLE; USE OF FUNDS.— 
(1) AMOUNT.—^The amount made available under this sec-
tion with respect to any single site for a year shall not exceed 
$5,000. 
(2) USE.—Funds made available under this section may 
be used only to cover expenses incurred in carrying out oath 
administration ceremonies at the demonstration sites under 
subsection (a), including expenses for— 
(A) cost of personnel of the Immigration and Natu-
ralization Service (including travel and overtime expenses); 
(B) rental of space; and 
(C) costs of printing appropriate brochures and other 
information about the ceremonies. 
110 STAT. 3009-711 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(3) AVAILABILITY OF FUNDS.—Funds that are otherwise 
available to the Immigration and Naturalization Service to 
carry out naturalization activities shall be available, to the 
extent provided in appropriation Acts, to carry out this section. 
(d) APPLICATION.—In the case of an entity other than the 
Immigration and Naturalization Service seeking to conduct a dem-
onstration project under this section, no amounts may be made 
available to the entity under this section unless an appropriate 
application has been made to, and approved by, the Attorney Gen-
eral, in a form and manner specified by the Attorney General. 
8 use 1101 note. 
SEC. 648. SENSE OF CONGRESS REGARDING AMERICAN-MADE PROD-
UCTS; REQUIREMENTS REGARDING NOTICE. 
(a) PURCHASE OF AMERICAN-MADE 
EQUIPMENT AND PROD-
UCTS.—It is the sense of the Congress that, to the greatest extent 
practicable, all equipment and products purchased with funds made 
available under this division should be American-made. 
(b) NOTICE TO RECIPIENTS OF GRANTS.—In providing grants 
under this division, the Attorney General, to the greatest extent 
practicable, shall provide to each recipient of a grant a notice 
describing the statement made in subsection (a) by the Congress. 
SEC. 649. VESSEL MOVEMENT CONTROLS DURING 
IMMIGRATION 
EMERGENCY. 
Section 1 of the Act of June 15, 1917 (50 U.S.C. 191) is amended 
in the first sentence by inserting "or whenever the Attorney General 
determines that an actual or anticipated mass migration of aliens 
en route to, or arriving off the coast of, the United States presents 
urgent circumstances requiring an immediate Federal response," 
after "United States," the first place such term appears. 
SEC. 650. REVIEW OF PRACTICES OF TESTING ENTITIES. 
(a) IN GENERAL.—^The Attorney General shall investigate, and 
submit a report to the Committees on the Judiciary of the House 
of Representatives and of the Senate regarding, the practices of 
entities authorized to administer standardized citizenship tests 
pursuant to section 312.3(a) of title 8, Code of Federal Regulations. 
The report shall include any findings of fraudulent practices by 
such entities. 
(b) PRELIMINARY AND FINAL REPORTS.—Not later than 90 days 
after the date of the enactment of this Act, the Attorney General 
shall submit to the Committees on the Judiciary of the House 
of Representatives and of the Senate a preliminary report on the 
investigation conducted under subsection (a). The Attorney General 
shall submit to such Committees a final report on such investigation 
not later than 275 days after the submission of the preliminary 
report. 
SEC. 651. DESIGNATION OF A UNITED STATES CUSTOMS ADMINISTRA-
TIVE BUILDING. 
(a) DESIGNATION.—^The United States Customs Administrative 
Building at the Ysleta/Zaragosa Port of Entry located at 797 South 
Zaragosa Road in El Paso, Texas, is designated as the "Timothy 
C. McCaghren Customs Administrative Building". 
(b) LEGAL REFERENCES.—^Any reference in any law, regulation, 
document, record, map, or other paper of the United States to 
the building referred to in subsection (a) is deemed to be a reference 
to the "Timothy C. McCaghren Customs Administrative Building". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-712 
SEC. 652. MAIL-ORDER BRIDE BUSINESS. 
8 USC 1375. 
(a) FINDINGS.—^The Congress finds as follows: 
(1) There is a substantial "mail-order bride" business in 
the United States. With approximately 200 companies in the 
United States, an estimated 2,000 to 3,500 men in the United 
States find wives through mail-order bride catalogs each year. 
However, there are no official statistics available on the number 
of mail-order brides entering the United States each year. 
(2) The companies engaged in the mail-order bride business 
earn substantial profits. 
(3) Although many of these mail-order marriages work 
out, in many other cases, anecdotal evidence suggests that 
mail-order brides find themselves in abusive relationships. 
There is also evidence to suggest that a substantial number 
of mail-order marriages are fraudulent under United States 
law. 
(4) Many mail-order brides come to the United States 
unaw£ire or ignorant of United States immigration law. Mail-
order brides who are battered often think that if they flee 
an abusive marriage, they will be deported. Often the citizen 
spouse threatens to have them deported if they report the 
abuse. 
(5) The Immigration and Naturalization Service estimates 
that the rate of marriage fraud between foreign nationals and 
United States citizens or aliens lawfully admitted for perma-
nent residence is 8 percent. It is unclear what percentage 
of these marriage fraud cases originate as mail-order marriages. 
(b) INFORMATION DISSEMINATION.— 
(1) 
REQUIREMENT.—^Each 
international 
matchmaking 
organization doing business in the United States shall dissemi-
nate to recruits, upon recruitment, such immigration and natu-
ralization information as the Immigration and Naturalization 
Service deems appropriate, in the recruit's native language, 
including information regarding conditional permanent resi-
dence status and the battered spouse waiver under such status, 
permanent resident status, marriage fraud penalties, the 
unregulated nature of the business engaged in by such 
organizations, and the study required under subsection (c). 
(2) CIVIL PENALTY.— 
(A) 
VIOLATION.—^Any 
international 
matchmaking 
organization that the Attorney General determines has 
violated subsection (b) shall be subject, in addition to any 
other penalties that may be prescribed by law, to a civil 
money penalty of not more than $20,000 for each such 
violation. 
(B) PROCEDURES FOR IMPOSITION OF PENALTY.—Any 
penalty under subparagraph (A) may be imposed only after 
notice and opportunity for an agency hearing on the record 
in accordance with sections 554 through 557 of title 5, 
United States Code. 
(c) STUDY.—^The Attorney General, in consultation with the 
Commissioner of Immigration and Naturalization and the Director 
of the Violence Against Women Initiative of the Department of 
Justice, shall conduct a study of mail-order marriages to determine, 
among other things— 
(1) the number of such marriages; 
110 STAT. 3009-713 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(2) the extent of marriage fraud in such marriages, includ-
ing an estimate of the extent of marriage fraud arising from 
the services provided by international matchmaking organiza-
tions; 
(3) the extent to which mail-order spouses utilize section 
244(a)(3) of the Immigration and Nationality Act (providing 
for suspension of deportation in certain cases involving abuse), 
or section 204(a)(l)(A)(iii) of such Act (providing for certain 
aliens who have been abused to file a classification petition 
on their own behalf); 
(4) the extent of domestic abuse in mail-order marriages; 
and 
(5) the need for continued or expanded regulation and 
education to implement the objectives of the Violence Against 
Women Act of 1994 and the Immigration Marriage Fraud 
Amendments of 1986 with respect to mail-order marriages, 
(d) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Attorney General shall submit a report to 
the Committees on the Judiciary of the House of Representatives 
and of the Senate setting forth the results of the study conducted 
under subsection (c). 
• 
(e) DEFINITIONS.—^As used in this section: 
(1) INTERNATIONAL MATCHMAKING ORGANIZATION.— 
(A) IN GENERAL.—The term "international match-
making organization" means a corporation, partnership, 
business, or other legal entity, whether or not organized 
under the laws of the United States or any State, that 
does business in the United States and for profit offers 
to United States citizens or aliens lawfully admitted for 
permanent residence, dating, matrimonial, or social referral 
services to nonresident noncitizens, by— 
(i) an exchange of names, telephone numbers, 
addresses, or statistics; 
(ii) selection of photographs; or 
(iii) a social environment provided by the organiza-
tion in a country other than the United States. 
(B) EXCEPTION.—Such term does not include a tradi-
tional matchmaking organization of a religious nature that 
otherwise operates in compliance with the laws of the 
countries of the recruits of such organization and the laws 
of the United States. 
(2) RECRUIT.—^The term "recruit" means a noncitizen, non-
resident person, recruited by the international matchmaking 
organization for the purpose of providing dating, matrimonial, 
or social referral services to United States citizens or aliens 
lawfully admitted for permanent residence. 
SEC. 653. REVIEW AND REPORT ON H-2A NONIMMIGRANT WORKERS 
PROGRAM. 
(a) SENSE OF THE CONGRESS.—It is the sense of the Congress 
that the H2-A nonimmigrant worker program should be reviewed 
and may need improvement in order to meet the need of producers 
of labor-intensive agricultural commodities and livestock in the 
United States for an adequate workforce. 
(b) REVIEW.—The Comptroller 
General 
shall review the 
effectiveness of the H-2A nonimmigrant worker program to ensure 
that the program provides a sufficient supply of agricultural labor 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-714 
in the event of future shortages of domestic workers after the 
enactment of this Act. Among other things, the Comptroller General 
shall review the H-2A nonimmigrant worker program to deter-
mine— 
(1) whether the program ensures that an adequate supply 
of qualified United States workers is available at the time 
and place needed for employers seeking such workers after 
the date of enactment of this Act; 
(2) whether the program ensures that there is timely 
approval of applications for temporary foreign workers under 
the program in the event of shortages of United States workers 
after the date of the enactment of this Act; 
(3) whether the program ensures that implementation of 
the program is not displacing United States agricultural work-
ers or diminishing the terms and conditions of employment 
of United States agricultural workers; 
(4) if, and to what extent, the program is contributing 
to the problem of illegal immigration; and 
(5) that the program adequately meets the needs of agricul-
tural employers for all types of temporary foreign agricultural 
workers, including higher-skilled workers in occupations which 
require a level of specific vocational preparation of 4 or higher 
(as described in the 4th edition of the Dictionary of Occupational 
Title, published by the Department of Labor). 
(c) REPORT.—Not later than December 31, 1996, or 3 months 
after the date of the enactment of this Act, whichever occurs earlier, 
the Comptroller General shall submit a report to the appropriate 
committees of the Congress setting forth the conclusions of the 
Comptroller General from the review conducted under subsection 
(b). 
(d) DEFINITIONS.—^As used in this section: 
(1) The term "Comptroller General" means the Comptroller 
General of the United States. 
(2) The term "H-2A nonimmigrant worker program" means 
the program for the admission of nonimmigrant aliens described 
in section 101(a)(15)(H)(ii)(a) of the Immigration and National-
ity Act. 
SEC. 654. REPORT ON ALLEGATIONS OF HARASSMENT BY CANADL\N 
CUSTOMS AGENTS. 
(a) STUDY AND REVIEW.— 
(1) IN GENERAL.—Not later than 30 days after the date 
of the enactment of this Act, the Commissioner of the United 
States Customs Service shall initiate a study of harassment 
by Canadian customs agents allegedly undertaken for the pur-
pose of deterring cross-border commercial activity along the 
United States-New Brunswick border. Such study shall include 
a review of the possible connection between any incidents of 
harassment and the discriminatory imposition of the New 
Brunswick provincial sales tax on goods purchased in the 
United States by New Brunswick residents, and with any other 
actions taken by the Canadian provincial governments to deter 
cross-border commercial activities. 
(2) CONSULTATION.—In conducting the study under para-
graph (1), the Commissioner of the United States Customs 
Service shall consult with representatives of the State of Maine, 
110 STAT. 3009-715 
PUBLIC LAW 104-208—SEPT. 30, 1996 
local governments, local businesses, and any other knowledge-
able persons who the Commissioner considers to be important 
to the completion of the study. 
(b) REPORT.—Not later than 120 days after the date of the 
enactment of this Act, the Commissioner of the United States 
Customs Service shall submit to the Committees on the Judiciary 
of the House of Representatives and of the Senate a report on 
the study and review conducted under subsection (a). The report 
shall include recommendations for steps that the United States 
Government can take to help end any harassment by Canadian 
customs agents that is found to have occurred. 
SEC. 655. SENSE OF CONGRESS ON DISCRIMINATORY APPLICATION 
OF NEW BRUNSWICK PROVINCIAL SALES TAX. 
(a) FINDINGS.—The Congress finds as follows: 
(1) In July 1993, Canadian customs officers began collecting 
an 11 percent New Brunswick provincial sales tax on goods 
purchased in the United States by New Brunswick residents, 
an action that has caused severe economic harm to United 
States businesses located in proximity to the border with New 
Brunswick. 
(2) This impediment to cross-border trade compounds the 
damage already done from the Canadian Government's imposi-
tion of a 7 percent tax on all goods bought by Canadians 
in the United States. 
(3) Collection of the New Brunswick provincial sales tax 
on goods purchased outside of New Brunswick is effected only 
along the United States-Canadian border, not along New Bruns-
wick's borders with other Canadian provinces; the tax is thus 
being administered by Canadian authorities in a manner 
uniquely discriminatory to Canadians shopping in the United 
States. 
(4) In February 1994, the United States Trade Representa-
tive publicly stated an intention to seek redress from the 
discriminatory application of the New Brunswick provincial 
sales tax under the dispute resolution process in chapter 20 
of the North American Free Trade Agreement (NAFTA), but 
the United States Government has still not made such a claim 
under NAFTA procedures. 
(5) Initially, the United States Trade Representative argued 
that filing a New Brunswick provincial sales tax claim was 
delayed only because the dispute mechanism under NAFTA 
had not yet been finalized, but more than a year after such 
mechanism has been put in place, the claim has still not been 
put forward by the United States Trade Representative. 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that— 
(1) the provincial sales tax levied by the Canadian province 
of New Brunswick on Canadian citizens of that province who 
purchase goods in the United States— 
(A) raises questions about a possible violation of the 
North American Free Trade Agreement in the discrimina-
tory application of the tax to cross-border trade with the 
United States; and 
(B) damages good relations between the United States 
and Canada; and 
(2) the United States Trade Representative should move 
forward without further delay in seeking redress under the 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-716 
dispute resolution process in chapter 20 of the North American 
Free Trade Agreement for the violation. 
SEC. 656. IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS. 5 USC 301 note. 
(a) BIRTH CERTIFICATES.— 
(1) STANDARDS FOR ACCEPTANCE BY FEDERAL AGENCIES.— 
(A) IN GENERAL.— 
(i) GENERAL RULE.—Subject to clause (ii), a Federal 
agency may not accept for any official purpose a certifi-
cate of birth, unless the certificate— 
(I) is a birth certificate (as defined in para-
graph (3)); and 
(II) conforms to the standards set forth in 
the regulation promulgated under subparagraph 
(B). 
(ii) APPLICABILITY.—Clause (i) shall apply only to 
a certificate of birth issued after the day that is 3 
years after the date of the promulgation of a final 
regulation under subparagraph (B). Clause (i) shall 
not be construed to prevent a Federal agency from 
accepting for official purposes any certificate of birth 
issued on or before such day. 
(B) REGULATION.— 
(i) CONSULTATION WITH GOVERNMENT AGENCIES.— 
The President shall select 1 or more Federal agencies 
to consult with State vital statistics offices, and with 
other appropriate Federal agencies designated by the 
President, for the purpose of developing appropriate 
standards for birth certificates that may be accepted 
for official purposes by Federal agencies, as provided 
in subparagraph (A). 
(ii) SELECTION OF LEAD AGENCY.—Of the Federal 
agencies selected under clause (i), the President shall 
select 1 agency to promulgate, upon the conclusion 
of the consultation conducted under such clause, a 
regulation establishing standards of the type described 
in such clause. 
(iii) DEADLINE.—The agency selected under clause 
(ii) shall promulgate a final regulation under such 
clause not later than the date that is 1 year after 
the date of the enactment of this Act. 
(iv) 
MINIMUM 
REQUIREMENTS.—The 
standards 
established under this subparagraph— 
(I) at a minimum, shall require certification 
of the birth certificate by the State or local custo-
dian of record that issued the certificate, and shall 
require the use of safety paper, the seal of the 
issuing custodian of record, and other features 
designed to limit tampering, counterfeiting, and 
photocopying, or otherwise duplicating, the birth 
certificate for fraudulent purposes; 
(II) may not require a single design to which 
birth certificates issued by all States must con-
form; and 
(III) 
shall 
accommodate 
the 
differences 
between the States in the manner and form in 
110 STAT. 3009-717 
PUBLIC LAW 104-208—SEPT. 30, 1996 
which birth records are stored and birth certifi-
cates are produced fi-om such records. 
(2) GRANTS TO STATES.— 
(A) ASSISTANCE IN MEETING FEDERAL STANDARDS.— 
(i) IN GENERAL.—Beginning on the date a final 
regulation is promulgated under paragraph (1)(B), the 
Secretary of Health and Human Services, acting 
through the Director of the National Center for Health 
Statistics and after consulting with the head of any 
other agency designated by the President, shall make 
grants to States to assist them in issuing birth certifi-
cates that conform to the standards set forth in the 
regulation. 
(ii) ALLOCATION OF GRANTS.—^The Secretary shall 
provide grants to States under this subparagraph in 
proportion to the populations of the States applying 
to receive a grant and in an amount needed to provide 
a substantial incentive for States to issue birth certifi-
cates that conform to the standards described in clause 
(i). 
(B) 
ASSISTANCE 
IN 
MATCHING 
BIRTH 
AND 
DEATH 
RECORDS.— 
(i) IN GENERAL.—The Secretary of Health and 
Human Services, acting through the Director of the 
National Center for Health Statistics and after consult-
ing with the head of any other agency designated by 
the President, shall make grants to States to assist 
them in developing the capability to match birth and 
death records, within each State and among the States, 
and to note the fact of death on the birth certificates 
of deceased persons. In developing the capability 
described in the preceding sentence, a State that 
receives a grant under this subparagraph shall focus 
first on individuals born after 1950. 
(ii) 
ALLOCATION AND AMOUNT OF GRANTS.—The 
Secretary shall provide grants to States under this 
subparagraph in proportion to the populations of the 
States applying to receive a grant and in an amount 
needed to provide a substantial incentive for States 
to develop the capability described in clause (i). 
(C) 
DEMONSTRATION PROJECTS.—^The 
Secretary 
of 
Health and Human Services, acting through the Director 
of the National Center for Health Statistics, shall make 
grants to States for a project in each of 5 States to dem-
onstrate the feasibility of a system under which persons 
otherwise required to report the death of individuals to 
a State would be required to provide to the State's office 
of vital statistics sufficient information to establish the 
fact of death of every individual dying in the State within 
24 hours of acquiring the information. 
(3) BIRTH CERTIFICATE.—^As used in this subsection, the 
term "birth certificate" means a certificate of birth— 
(A) of— 
(i) an individual born in the United States; or 
(ii) an individual born abroad— 
(I) who is a citizen or national of the United 
States at birth; and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-718 
(II) whose birth is registered in the United 
States; and 
(B) that— 
(i) is a copy, issued by a State or local authorized 
custodian of record, of an original certificate of birth 
issued by such custodian of record; or 
(ii) was issued by a State or local authorized custo-
dian of record and was produced from birth records 
maintained by such custodian of record, 
(b) STATE-ISSUED DRIVERS LICENSES AND COMPARABLE IDENTI-
FICATION DOCUMENTS.— 
(1) STANDARDS FOR ACCEPTANCE BY FEDERAL AGENCIES.— 
(A) IN GENERAL.—^A Federal agency may not accept 
for any identification-related purpose a driver's license, 
or other comparable identification document, issued by a 
State, unless the license or document satisfies the following 
requirements: 
(i) APPLICATION PROCESS.—^The application process 
for the license or document shall include the presen-
tation of such evidence of identity as is required by 
regulations promulgated by the Secretary of Transpor-
tation after consultation with the American Association 
of Motor Vehicle Administrators. 
(ii) SOCIAL SECURITY NUMBER.—Except as provided 
in subparagraph (B), the license or document shall 
contain a social security account number that can be 
read visually or by electronic means. 
(iii) FORM.—The license or document otherwise 
shall be in a form consistent with requirements set 
forth in regulations promulgated by the Secretary of 
Transportation after consultation with the American 
Association of Motor Vehicle Administrators. The form 
shall contain security features 
designed to limit 
tampering, counterfeiting, photocopying, or otherwise 
duplicating, the license or document for fraudulent 
purposes and to limit use of the license or document 
by impostors. 
(B) EXCEPTION.—The requirement in subparagraph 
(A)(ii) shall not apply with respect to a driver's license 
or other comparable identification document issued by a 
State, if the State— 
(i) does not require the license or document to 
contain a social security account number; and 
(ii) requires— 
(I) every applicant for a driver's license, or 
other comparable identification document, to sub-
mit the applicant's social security account number; 
and 
(II) an agency of the State to verify with the 
Social Security Administration that such account 
number is valid. 
(C) DEADLINE.—^The Secretary of Transportation shall 
promulgate the regulations referred to in clauses (i) and 
(iii) of subparagraph (A) not later than 1 year after the 
date of the enactment of this Act. 
(2) GRANTS TO STATES.—Beginning on the date final regula-
tions are promulgated under paragraph (1), the Secretary of 
110 STAT. 3009-719 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Transportation shall make grants to States to assist them 
in issuing driver's licenses and other comparable identification 
documents that satisfy the requirements under such paragraph. 
(3) EFFECTIVE DATES.— 
(A) IN GENERAL.—Except as otherwise provided in this 
paragraph, this subsection shall take effect on the date 
of the enactment of this Act. 
(B) 
PROHIBITION ON FEDERAL AGENCIES.—Subpara-
graphs (A) and (B) of paragraph (1) shall take effect begin-
ning on October 1, 2000, but shall apply only to licenses 
or documents issued to an individual for the first time 
and to replacement or renewal licenses or documents issued 
according to State law. 
(c) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Secretary of Health and Human Services 
shall submit a report to the Congress on ways to reduce the fraudu-
lent obtaining and the fraudulent use of birth certificates, including 
any such use to obtain a social security account number or a 
State or Federal document related to identification or immigration. 
(d) FEDERAL AGENCY DEFINED.—For purposes of this section, 
the term "Federal agenc/' means any of the following: 
(1) An Executive agency (as defined in section 105 of title 
5, United States Code). 
(2) A military department (as defined in section 102 of 
such title). 
(3) An agency in the legislative branch of the Government 
of the United States. 
(4) An agency in the judicial branch of the Government 
of the United States. 
42 use 405 note. 
SEC. 657. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESIST-
ANT SOCIAL SECURITY CARD. 
(a) DEVELOPMENT.— 
(1) IN GENERAL.—^The Commissioner of Social Security (in 
this section referred to as the "Commissioner") shall, in accord-
ance with the provisions of this section, develop a prototype 
of a counterfeit-resistant social security card. Such prototype 
card— 
(A) shall be made of a durable, tamper-resistant mate-
rial such as plastic or polyester; 
(B) shall employ technologies that provide security fea-
tures, such as magnetic stripes, holograms, and integrated 
circuits; and 
(C) shall be developed so as to provide individuals 
with reliable proof of citizenship or legal resident alien 
status. 
(2) ASSISTANCE BY ATTORNEY GENERAL.^The Attorney Gen-
eral shall provide such information and assistance as the 
Commissioner deems necessary to achieve the purposes of this 
section. 
(b) STUDIES AND REPORTS.— 
(1) IN GENERAL.—^The Comptroller 
General 
and 
the 
Commissioner of Social Security shall each conduct a study, 
and issue a report to the Congress, that examines different 
methods of improving the social security card application proc-
ess. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-720 
(2) ELEMENTS OF STUDIES.—^The studies shall include 
evaluations of the cost and work load implications of issuing 
a counterfeit-resistant social security card for all individuals 
over a 3, 5, and 10 year period. The studies shall also evaluate 
the feasibility and cost implications of imposing a user fee 
for replacement cards and cards issued to individuals who 
apply for such a card prior to the scheduled 3, 5, and 10 
year phase-in options. 
(3) 
DISTRIBUTION OF REPORTS.—Copies of the 
reports 
described in this subsection, along with facsimiles of the proto-
type cards as described in subsection (a), shall be submitted 
to the Committees on Ways and Means and Judiciary of the 
House of Representatives and the Committees on Finance and 
Judiciary of the Senate not later than 1 year after the date 
of the enactment of this Act. 
SEC. 658. BORDER PATROL MUSEUM. 
(a) AUTHORITY.—^Notwithstanding section 203 of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 484) 
or any other provision of law, the Attorney General is authorized 
to transfer and convey to the Border Patrol Museum and Memorial 
Library Foundation, incorporated in the State of Texas, such equip-
ment, artifacts, and memorabilia held by the Immigration and 
Naturalization Service as the Attorney General may determine 
is necessary to further the purposes of the Museum and Foundation. 
(b) TECHNICAL ASSISTANCE.—The Attorney General is author-
ized to provide technical assistance, through the detail of personnel 
of the Immigration and Naturalization Service, to the Border Patrol 
Museum and Memorial Library Foundation for the purpose of dem-
onstrating the use of the items transferred under subsection (a). 
SEC. 659. SENSE OF THE CONGRESS REGARDING THE MISSION OF 
THE IMMIGRATION AND NATURALIZATION SERVICE. 
It is the sense of the Congress that the mission statement 
of the Immigration and Naturalization Service should include a 
statement that it is the responsibility of the Service to detect, 
apprehend, and remove those aliens unlawfully present in the 
United States, particularly those aliens involved in drug trafficking 
or other criminal activity. 
SEC. 660. AUTHORITY FOR NATIONAL GUARD TO ASSIST IN TRANSPOR-
TATION OF CERTAIN ALIENS. 
Section 112(d)(1) of title 32, United States Code, is amended 
by adding at the end the following new sentence: "The plan as 
approved by the Secretary may provide for the use of personnel 
and equipment of the National Guard of that State to assist the 
Immigration and Naturalization Service in the transportation of 
aliens who have violated a Federal or State law prohibiting or 
regulating the possession, use, or distribution of a controlled sub-
stance.". 
Subtitle E—Technical Corrections 
SEC. 671. MISCELLANEOUS TECHNICAL CORRECTIONS. 
(a) AMENDMENTS RELATING TO PUBLIC LAW 103-322 (VIOLENT 
CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994).— 
110 STAT. 3009-721 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(1) Section 60024(1)(F) of the Violent Crime Control and 
8 use 1324. 
Law Enforcement Act of 1994 (Public Law 103-322) (in this 
subsection referred to as "VCCLEA") is amended by inserting 
"United States Code," after "title 18,". 
8 use 1258. 
(2) Section 130003(b)(3) of VCCLEA is amended by striking 
"Naturalization" and inserting "Nationality". 
(3)(A) Section 214 (8 U.S.C. 1184) is amended 
by 
redesignating the subsection (j), added by section 130003(b)(2) 
of VCCLEA (108 Stat. 2025), and the subsection (k), as amended 
by section 622(c) of this division, as subsections (k) and (1), 
respectively. 
(B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is amend-
ed by striking "214(j)" and inserting "214(k)". 
(4)(A) Section 245 (8 U.S.C. 1255) is amended 
by 
redesignating the subsection (i) added by section 130003(c)(1) 
of VCCLEA as subsection (j). 
(B) Section 241(a)(2)(A)(i)(I) (8 U.S.C. 1251(a)(2)(A)(i)(I)), 
as amended by section 130003(d) of VCCLEA and before 
redesignation by section 305(a)(2) of this division, is amended 
by striking "245(i)" and inserting "245(j)". 
(5) Section 245(j)(3), as added by section 130003(c)(1) of 
8 use 1255. 
VCCLEA and as redesignated by paragraph (4)(A), is amended 
by striking "paragraphs (1) or (2)" and inserting "paragraph 
(Dor (2)". 
8 use 1252 note. 
(6) Section 130007(a) of VCCLEA is amended by striking 
"242A(d)" and inserting "242A(a)(3)". 
8 use 1101 note. 
(7) The amendments made by this subsection shall be 
effective as if included in the enactment of the VCCLEA. 
(b) AMENDMENTS RELATING TO IMMIGRATION AND NATIONALITY 
TECHNICAL CORRECTIONS ACT OF 1994.— 
(1) Section 101(d) of the Immigration and Nationality Tech-
8 use 1401 note. 
nical Corrections Act of 1994 (PubUc Law 103-416) (in this 
subsection referred to as "INTCA") is amended— 
(A) by striking "APPLICATION" and all that follows 
through "This" and inserting "APPLICABILITY OF TRANS-
MISSION REQUIREMENTS.—^This"; 
(B) by striking "any residency or other retention 
requirements for" and inserting "the application of any 
provision of law relating to residence or physical presence 
in the United States for purposes of transmitting United 
States"; and 
(C) by striking "as in effect" and all that follows 
through the end and inserting "to any person whose claim 
is based on the amendment made by subsection (a) or 
through whom such a claim is derived.". 
8 use 1433 note. 
(2) Section 102 of INTCA is amended by adding at the 
end the following: 
"(e) TRANSITION.—In applying the amendment made by sub-
section (a) to children born before November 14, 1986, any reference 
in the matter inserted by such amendment to 'five years, at least 
two of which' is deemed a reference to *10 years, at least 5 of 
which'.". 
(3) Section 351(a) (8 U.S.C. 1483(a)), as amended by section 
105(a)(2)(A) of INTCA, is amended by striking the comma after 
"nationality". 
8 use 1255b. 
(4) Section 207(2) of INTCA is amended by inserting a 
comma after "specified". 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-722 
(5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended 
in subparagraph (K)(ii), by striking the comma after "1588". 
(6) Section 273(b) (8 U.S.C. 1323(b)), as amended by section 
209(a) of INTCA, is amended by striking "remain" and inserting 
"remains". 
(7) Section 209(a)(1) of INTCA is amended by striking 8USC1323. 
"$3000" and inserting "$3,000". 
(8) Section 209(b) of INTCA is amended by striking "sub- 8 USC1323 note, 
section" and inserting "section". 
(9) Section 219(cc) of INTCA is amended by striking " 8USCi255a 
'year 1993 the first place it appears' " and inserting " 'year note. 
1993' the first place it appears". 
(10) Section 219(ee) of INTCA is amended by adding at 
8 USC 1161 note, 
the end the following: 
"(3) The amendments made by this subsection shall take effect 
on the date of the enactment of this Act.". 
(11) Paragraphs (4) and (6) of section 286(r) (8 U.S.C. 
1356(r)) are amended by inserting "the" before "Fund" each 
place it appears. 
(12) Section 221 of INTCA is amended— 
8 USC lioi note. 
(A) by striking each semicolon and inserting a comma, 
(B) by striking "disasters." and inserting "disasters,"; 
and 
(C) by striking 'The official" and inserting "the official". 
(13) Section 242A (8 U.S.C. 1252a), as added by section 
224(a) of INTCA and before redesignation as section 238 by 
section 308(b)(5) of this division, is amended by redesignating 
subsection (d) as subsection (c). 
(14) Except as otherwise provided in this subsection, the 
8 USC llOl note, 
amendments made by this subsection shall take effect as if 
included in the enactment of INTCA, 
(c) 
AMENDMENTS 
RELATING 
TO 
PUBLIC 
LAW 
104-132 
(ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996).— 
(1) Section 219 (8 U.S.C. 1189), as added by section 302(a) 
of Antiterrorism and Effective Death Penalty Act of 1996 (Public 
Law 104-132) (in this subsection referred to as "AEDPA"), 
is amended by striking the heading and all that follows through 
"(a)" £ind inserting the following: 
"DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS 
"SEC 219 (a)" 
(2) Section 302(b) of AEDPA is amended by striking ", 
relating to terrorism,". 
(3) Section 106(a) (8 U.S.C. 1105a(a)), as amended by sec-
tions 401(e) and 440(a) of AEDPA, is amended— 
(A) by striking "and" at the end of paragraph (8); 
(B) by striking the period at the end of paragraph 
(9) and inserting "; and"; and 
(C) in paragraph (10), by striking "Any" and inserting 
"any". 
(4) Section 440(a) of the AEDPA is amended by striking 
"Section 106 of the Immigration and Nationality Act (8 U.S.C. 
1105a(a)(10)) is amended to read as follows:" and inserting 
"Section 106(a) of the Immigration and Nationality Act (8 
U.S.C. 1105a(a)) is amended by adding at the end the foUow-
mg: 
(5) Section 440(g)(1)(A) of AEDPA is amended— 
8 USC 1252a. 
110 STAT. 3009-723 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(A) by striking "of this title"; and 
(B) by striking the period after "241(a)(2)(A)(i)". 
(6) Section 440(g) of AEDPA is amended by striking para-
graph (2). 
8 use 1189 note. 
(7) The amendments made by this subsection shall take 
effect as if included in the enactment of subtitle A of title 
IVofAEPDA. 
(d) STRIKING REFERENCES TO SECTION 2 IDA.— 
(IXA) Section 201(bXl)(C) (8 U.S.C. 1151(bXl)(C)) is 
amended by striking ", 210A,'*. 
(B) Section 274B(aX3XB) (8 U.S.C. 1324b(aX3XB)) is 
amended by striking ", 210A(a),*'. 
(C) Section 241(aXl) (8 U.S.C. 1251(aXl)), before redesigna-
tion by section 305(aX2) of this division, is amended by striking 
subparagraph (F). 
(2) Sections 204(cXlXDXi) and 204(jX4) of Immigration 
8 use 1255a 
Reform and Control Act of 1986 are each amended by striking 
note. 
«, 210A,''. 
(e) 
MISCELLANEOUS CHANGES 
IN 
THE 
IMMIGRATION AND 
NATIONALITY ACT.— 
(1) Before being amended by section 308(aX2) of this divi-
sion, the item in the table of contents relating to section 242A 
is amended to read as follows: 
"Sec. 242A. Expedited deportation of aliens convicted of committing aggra-
vated felonies.". 
(2) Section lOl(cXl) (8 U.S.C. llOKcXD) is amended by 
striking ", 321, and 322" and inserting "and 321". 
(3) Section 212(dXll) (8 U.S.C. 1182(dXll)) is amended 
by inserting a comma after "(4) thereof)". 
(4) Pursuant to section 6(b) of Public Law 103-272 (108 
Stat. 1378)— 
(A).section 214(f)(1) (8 U.S.C. 1184(f)(1)) is amended 
by striking "section 101(3) of the Federal Aviation Act 
of 1958" and inserting "section 40102(aX2) of title 49, 
United States Code"; and 
(B) section 258(bX2) (8 U.S.C. 1288(bX2)) is amended 
by striking "section 105 or 106 of the Hazardous Materials 
Transportation Act (49 U.S.C. App. 1804, 1805)" and insert-
ing "section 5103(b), 5104, 5106, 5107, or 5110 of title 
49, United States Code". 
(5) Section 286(hXlXA) (8 U.S.C. 1356(hXlXA)) is amended 
by inserting a period after "expended". 
(6) Section 286(h)(2)(A) (8 U.S.C. 1356(hX2)(A)) is amend-
ed— 
(A) by striking "and" at the end of clause (iv); 
(B) by moving clauses (v) and (vi) 2 ems to the left; 
(C) by striking "; and" in clauses (v) and (vi) and 
inserting "and for"; 
(D) by striking the colons in clauses (v) and (vi); and 
(E) by striking the period at the end of clause (v) 
and inserting "; and". 
(7) Section 412(b) (8 U.S.C. 1522(b)) is amended by striking 
the comma after "is authorized" in paragraph (3) and after 
"The Secretar}^ in paragraph (4). 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-724 
(f) 
MISCELLANEOUS CHANGE IN THE IMMIGRATION ACT OF 
1990.—Section 161(c)(3) of the Immigration Act of 1990 is amended 
by striking "an an" and inserting "of an", 
(g) MISCELLANEOUS CHANGES IN OTHER ACTS.— 
(1) Section 506(a) of the InteUigence Authorization Act, 
Fiscal Year 1990 (Public Law 101-193) is amended by striking 
"this section" and inserting "such section". 
(2) Section 140 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995, as amended by section 505(2) 
of Public Law 103-317, is amended— 
(A) by moving the indentation of subsections (f) and 
(g) 2 ems to the left; and 
(B) in subsection (g), by striking "(g)" and all that 
follows through "shall" and inserting "(g) Subsections (d) 
and (e) shall". 
DIVISION D—SMALL BUSINESS 
PROGRAMS IMPROVEMENT ACT 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—^This division may be cited as the "Small 
Business Programs Improvement Act of 1996". 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Administrator defined. 
Sec. 3. Effective date. 
TITLE I—AMENDMENTS TO SMALL BUSINESS ACT 
Sec. 101. References. 
Sec. 102. Risk management database. 
Sec. 103. Section 7(a) loan program. 
Sec. 104. Disaster loans. 
Sec. 105. Microloan demonstration program. 
Sec. 106. Small business development center program. 
Sec. 107. Miscellaneous authorities to provide loans and other financial 
assistance. 
Sec. 108. Small business competitiveness demonstration program. 
Sec. 109. Amendment to Small Business Guaranteed Credit Enhancement 
Act of 1993. 
Sec. 110. STTR program extension. 
Sec. 111. Level of participation for export working capital loans. 
TITLE II—AMENDMENTS TO SMALL BUSINESS 
INVESTMENT ACT 
Sec. 201. References. 
Sec. 202. Modifications to development company debenture program. 
Sec. 203. Required actions upon default. 
Sec. 204. Loan liquidation pilot program. 
8 u s e 1101 note. 
8 u s e 1430 note. 
8 u s e 1182 note. 
Small Business 
Programs 
Improvement Act 
of 1996. 
15 u s e 631 note. 
110 STAT. 3009-725 
PUBLIC LAW 104-208—SEPT. 30, 1996 
Sec. 205. Registration of certificates. 
Sec. 206. Preferred surety bond guarantee program. 
Sec. 207. Sense of the Congress. 
Sec. 208. Small business investment company improvements. 
15 use 631 note. 
SEC. 2. ADMINISTRATOR DEFINED. 
For purposes of this Act, the term "Administrator" means the 
Administrator of the Small Business Administration. 
15 use 633 note. 
SEC. 3. EFFECTIVE DATE. 
Except as otherwise expressly provided, this Act and the 
amendments made by this Act shall take effect on October 1, 
1996. 
TITLE I—AMENDMENTS TO SMALL 
BUSINESS ACT 
SEC. 
1
0
1
. 
REFERENCES. 
Except as otherwise expressly provided, whenever in this title 
an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of the 
Small Business Act (15 U.S.C. 631 et seq.). 
SEC. 102. RISK MANAGEMENT DATAR^E. 
Section 4(b) (15 U.S.C. 633) is amended by inserting after 
paragraph (2) the following: 
"(3) RISK MANAGEMENT DATABASE.— 
"(A) ESTABLISHMENT.—^The Administration shall estab-
lish, within the management system for the loan programs 
authorized by subsections (a) and (b) of section 7 of this 
Act and title V of the Small Business Investment Act 
of 1958, a management information system that will gen-
erate a database capable of providing timely and accurate 
information in order to identify loan underwriting, collec-
tions, recovery, and liquidation problems. 
"(B) INFORMATION TO BE MAINTAINED.—In addition to 
such other information as the Administration considers 
appropriate, the database established under subparagraph 
(A) shall, with respect to each loan program described 
in subparagraph (A), include information relating to— 
"(i) the identity of the institution making the 
guaranteed loan or issuing the debenture; 
"(ii) the identity of the borrower; 
"(iii) the total dollar amount of the loan or deben-
ture; 
"(iv) the total dollar amount of government expo-
sure in each loan; 
"(v) the district of the Administration in which 
the borrower has its principal office; 
"(vi) the principal line of business of the borrower, 
as identified by Standard Industrial Classification Code 
(or any successor to that system); 
"(vii) the delinquency rate for each program 
(including number of instances and days overdue); 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-726 
"(viii) the number and amount of repurchases, 
losses, and recoveries in each program; 
"(ix) the number of deferrals or forbearances in 
each 
program 
(including 
days 
and number of 
instances); 
"(x) comparisons on the basis of loan program, 
lender. Administration district and region, for all the 
data elements maintained; and 
"(xi) underwriting characteristics of each loan that 
has entered into default, including term, amount and 
type of collateral, loan-to-value and other actual and 
projected ratios, line of business, credit history, and 
type of loan. 
"(C) 
DEADLINE FOR OPERATIONAL CAPABILITY.—^The 
database established under subparagraph (A) shall— 
"(i) be operational not later than June 30, 1997; 
and 
"(ii) capture data beginning on the first day of 
the second quarter of fiscal year 1997 beginning after 
such date and thereafter.". 
SEC. 103. SECTION 7(a) LOAN PROGRAM. 
(a) SERVICING AND LIQUIDATION OF LOANS BY PREFERRED LEND-
ERS.—Section 7(a)(2)(C)(ii)(II) (15 U.S.C. 636(a)(2)(C)(ii)(II)) is 
amended to read as follows: 
"(II) complete authority to service and liq-
uidate such loans without obtaining the prior spe-
cific approval of the Administration for routine 
servicing and liquidation activities, but shall not 
take any actions creating an actual or apparent 
conflict of interest.". 
(b) CERTIFIED LENDERS PROGRAM.—Section 7(a)(19) (15 U.S.C. 
636(a)(19)) is amended by adding at the end the following new 
subparagraph: 
"(C) AUTHORITY TO LIQUIDATE LOANS.— 
"(i) IN GENERAL.—^The Administrator may permit 
lenders participating in the Certified Lenders Program 
to liquidate loans made with a guarantee from the 
Administration 
pursuant 
to a 
liquidation 
plan 
approved by the Administrator. 
"(ii) Automatic approval.—If the Administrator 
does not approve or deny a request for approval of 
a liquidation plan within 10 business days of the date 
on which the request is made (or with respect to any 
routine liquidation activity under such a plan, within 
5 business days) such request shall be deemed to be 
approved.". 
(c) LIMITATION ON CONDUCTING PILOT PROJECTS.—Section 7(a) 
(15 U.S.C. 636(a)) is amended by adding at the end the following 
new paragraph: 
"(25) LIMITATION ON CONDUCTING PILOT PROJECTS.— 
"(A) IN GENERAL.—Not more than 10 percent of the 
total number of loans guaranteed in any fiscal year under 
this subsection may be awarded as part of a pilot program 
which is commenced by the Administrator on or after Octo-
ber 1, 1996. 
110 STAT. 3009-727 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(B) PILOT PROGRAM DEFINED.—In this paragraph, the 
term 'pilot program' means any lending program initiative, 
project, innovation, or other activity not specifically author-
ized by law. 
"(C) 
Low 
DOCUMENTATION 
LOAN PROGRAM.—The 
Administrator may carry out the low documentation loan 
program for loans of $100,000 or less only through lenders 
with significant experience in making small business loans. 
Not later than 90 days after the date of enactment of 
this subsection, the Administrator shall promulgate regula-
tions defining the experience necessary for participation 
as a lender in the low documentation loan program.". 
(d) CALCULATION OF SUBSIDY RATE.—Section 7(a) (15 U.S.C. 
636(a)) is amended by adding at the end the following new para-
graph: 
"(26) CALCULATION OF SUBSIDY RATE.—All fees, interest, 
and profits received and retained by the Administration under 
this subsection shall be included in the calculations made by 
the Director of the Office of Management and Budget to offset 
the cost (as that term is defined in section 502 of the Federal 
Credit Reform Act of 1990) to the Administration of purchasing 
and guaranteeing loans under this Act.". 
(e) SALE OF UNGUARANTEED PORTIONS OF SBA LOANS.—Section 
5(f)(3) (15 U.S.C. 634(f)(3)) is amended by adding at the end the 
following: "Beginning on March 31, 1997, the sale of the 
unguaranteed portion of any loan made under section 7(a) shall 
not be permitted until a final regulation that applies uniformly 
to both depository institutions and other lenders is promulgated 
by the Administration setting forth the terms and conditions under 
which such sales can be permitted, including maintenance of appro-
priate reserve requirements and other safeguards to protect the 
safety and soundness of the program.". 
(f) CONDITIONS ON PURCHASE OF LOANS.—Section 7(a)(4) (15 
U.S.C. 636(a)(4)) is amended— 
(1) by striking "(4) Notwithstanding" and inserting the 
following: 
"(4) INTEREST RATES AND FEES.— 
"(A) INTEREST RATES.—^Notwithstanding"; and 
(2) by adding at the end the following new subparagraph: 
"(B) PAYMENT OF ACCRUED INTEREST.— 
"(i) IN GENERAL.—^Any bank or other lending 
institution making a claim for payment on the guaran-
teed portion of a loan made under this subsection 
shall be paid the accrued interest due on the loan 
from the earliest date of default to the date of pa3mient 
of the claim at a rate not to exceed the rate of interest 
on the loan on the date of default, minus one percent. 
"(ii) LOANS SOLD ON SECONDARY MARKET.—If a loan 
described in clause (i) is sold on the secondary market, 
the amount of interest paid to a bank or other lending 
institution described in that clause from the earliest 
date of default to the date of payment of the claim 
shall be no more than the agreed upon rate, minus 
one percent.". 
(g) PLAN FOR TRANSFER OF LOAN SERVICING FUNCTIONS TO 
CENTRALIZED CENTERS.— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-728 
(1) IMPLEMENTATION PLAN REQUIRED.—The Administrator 
shall submit a detailed plan for completing the consolidation, 
in one or more centralized centers, of the performance of the 
various functions relating to the servicing of loans directly 
made or guaranteed by the Administration pursuant to the 
Small Business Act, addressing the matters described in para-
graph (2) by the deadline specified in paragraph (3). 
(2) CONTENTS OF PLAN.—In addition to such other matters 
as the Administrator may deem appropriate, the plan required 
by paragraph (1) shall include— 
(A) the proposed number and location of such central-
ized loan servicing centers; 
(B) the proposed workload (identified by type and num-
bers of loans and their geographic origin by the Small 
Business Administration district office) and staffing of each 
such center; 
(C) a detailed, time-phased plan for the transfer of 
the identified loan servicing functions to each proposed 
center; and 
(D) any identified impediments to the timely execution 
of the proposed plan (including adequacy of available finan-
cial resources, availability of needed personnel, facilities, 
and related equipment) and the recommendations of the 
Administrator for addressing such impediments. 
(3) DEADLINE FOR SUBMISSION.—Not later than February 
28, 1997, the plan required by paragraph (1) shall be submitted 
to the Committees on Small Business of the House of Represent-
atives and Senate. 
(h) PREFERRED LENDER STANDARD REVIEW PROGRAM.—Not 
is use 634 note. 
later than 90 days after the date of enactment of this Act, the 
Administrator shall commence a standard review program for the 
Preferred Lender Program established by section 5(b)(7) of the 
Small Business Act (15 U.S.C. 634(b)(7)), which shall include annual 
or more frequent assessments of the participation of the lender 
in the program, including defaults, loans, and recoveries of loans 
made by that lender under the authority of this section. The 
Administrator shall require such standard review for each new 
entrant to the Preferred Lender Program. 
(i) INDEPENDENT STUDY OF LOAN PROGRAMS.— 
(1) STUDY REQUIRED.—The Administrator shall contract 
with one or more private sector parties to conduct a comprehen-
sive assessment of the performance of the loan programs 
authorized by section 7(a) of the Small Business Act (15 U.S.C. 
636(a)) and title V of the Small Business Investment Act of 
1958 (15 U.S.C. 661) addressing the matters described in para-
graph (2) and resulting in a report to the Congress pursuant 
to paragraph (5). 
(2) MATTERS TO BE ASSESSED.—In addition to such other 
matters as the Administrator considers appropriate, the assess-
ment required by paragraph (1) shall address, with respect 
to each loan program described in paragraph (1) for each of 
the fiscal years described in paragraph (3)— 
(A) the number and frequency of deferrals and defaults; 
(B) default rates; 
(C) comparative loss rates, by— 
110 STAT. 3009-729 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(i) type of lender (separately addressing preferred 
lenders, certified lenders, and general participation 
lenders); 
(ii) term of the loan; 
(iii) dollar value of the loan at disbursement; and 
(iv) underwriting characteristics of each loan that 
has entered into default, including term, amount and 
type of collateral, loan-to-value and other actual and 
projected ratios, line of business, credit history, and 
type of loan; and 
(D) the economic models used by the Office of Manage-
ment and Budget to calculate the credit subsidy rate 
applicable to the loan programs. 
(3) PERIOD OF ASSESSMENT.—The assessments undertaken 
pursuant to paragraph (2) shall address data for the period 
beginning with fiscal year 1986 of each loan program described 
in paragraph (1). 
(4) ACCESS TO INFORMATION.—The Administrator shall pro-
vide to the contractor access to any information collected by 
or available to the Administration with regard to the loan 
programs being assessed. The contactor shall preserve the con-
fidentiality of any information for which confidentiality is pro-
tected by law or properly asserted by the person submitting 
such information. 
(5) CONTRACT FUNDING.—^The Administrator shall fund the 
cost of the contract from the amounts appropriated for the 
salaries and expenses of the Administration for fiscal year 
1997. 
(6) REPORT TO THE CONGRESS.— 
(A) CONTENTS.—The contractor shall prepare a report 
of— 
(i) its analyses of the matters to be assessed pursu-
ant to paragraph (2); and 
(ii) its independent recommendations for improving 
program performance with respect to each loan pro-
gram, regarding— 
(I) improving the timely collection and subse-
quent management by the Administration of data 
to measure the performance of each loan program 
described in paragraph (1); and 
(II) reducing loss rates for and improving the 
performance of each such loan program. 
(B) SUBMISSION TO THE CONGRESS.—^Not later than 
June 30, 1997, the Administrator shall submit the report 
prepared under subparagraph (A) to the Committees on 
Small Business of the House of Representatives and the 
Senate. The Administrator shall append his comments, 
and those of the Office of Management and Budget, if 
any, to the report. 
SEC. 104. DISASTER LOANS. 
15 u s e 636 note. 
(a) PRIVATE SECTOR LOAN SERVICING DEMONSTRATION PRO-
GRAM.— 
(1) I N GENERAL.— 
(A) 
DEMONSTRATION PROGRAM REQUIRED.—Notwith-
standing any other provision of law, the Administration 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-730 
shall conduct a demonstration program, within the param-
eters described in paragraph (2), to evaluate the compara-
tive costs and benefits of having the Administration's port-
folio of disaster loans serviced under contract rather than 
directly by employees of the Administration. All costs of 
the demonstration program shall be paid from amounts 
made available for the Salaries and Expenses Account of 
the Administration. 
(B) INITIATION DATE.—Not later than 90 days after 
the date of enactment of this Act, the Administration shall 
issue a request for proposals for the program parameters 
described in paragraph (2). 
(2) DEMONSTRATION PROGRAM PARAMETERS.— 
(A) LOAN SAMPLE.—^The sample of loans for the dem-
onstration program shall be randomly drawn from the 
Administration's portfolio of loans made pursuant to section 
7(b) of the Small Business Act and shall include a rep-
resentative group of not less than 30 percent of all loans 
for residential properties, including 30 percent of all loans 
made during the demonstration program after the date 
of enactment of this Act, which loans shall be selected 
by the Administration on the basis of geographic distribu-
tion and such other factors as the Administration deter-
mines to be appropriate. 
(B) 
CONTRACT AND 
OPTIONS.—^The Administration 
shall solicit and competitively award one or more contracts 
to service the loans included in the sample of loans 
described in subparagraph (A) for a term of not less than 
one year, with 3 one-year contract renewal options, each 
of which shall be exercised by the Administration unless 
the Administration terminates the contractor or contractors 
for good cause. 
(3) TERM OF DEMONSTRATION PROGRAM.—^The demonstra-
tion program shall commence not later than October 1, 1997. 
(4) REPORTS.— 
(A) INTERIM REPORTS.—Not later than 120 days before 
the expiration of the initial 4-year contract performance 
period, the Administrator shall submit to the Committees 
on Small Business of the House of Representatives and 
the Senate an interim report on the conduct of the dem-
onstration program. The contractor shall be afforded a 
reasonable opportunity to attach comments to each such 
report. 
(B) FINAL REPORT.—Not later than 120 days after the 
termination of the demonstration program, the Adminis-
trator shall submit to the Committees on Small Business 
of the House of Representatives and the Senate a final 
report on the performance of the demonstration program, 
together with the recommendations of the Administrator 
for continuation, termination, or modification of the dem-
onstration program. 
(b) DEFINITION OF DISASTER.— 
(1) IN GENERAL.—Section 3(k) (15 U.S.C. 632(k)) is amended 
by inserting "commercial fishery failures or fishery resource 
disasters (as determined by the Secretary of Commerce under 
section 308(b) of the Interjurisdictional Fisheries Act of 1986)," 
after "tidal waves,". 
110 STAT. 3009-731 
PUBLIC LAW 104-208—SEPT. 30, 1996 
15 use 632 note. 
(2) EFFECTIVE DATE.—^The amendment made by paragraph 
(1) shall be effective with respect to any disaster occurring 
on or after March 1, 1994. 
SEC. 105. MICROLOAN DEMONSTRATION PROGRAM. 
Section 7(m)(7)(B) (15 U.S.C. 636(m)(4)) is amended by adding 
at the end the following: "If, however, at the beginning of the 
fourth quarter of a fiscal year the Administration determines that 
a portion of appropriated microloan funds are unlikely to be 
awarded during that year, the Administration may make additional 
funds available to a State in excess of 125 percent of the pro 
rata share of that State.". 
SEC. 106. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM. 
(a) ASSOCIATE ADMINISTRATOR FOR SMALL BUSINESS DEVELOP-
MENT CENTERS.— 
(1) DUTIES.—Section 21(h) (15 U.S.C. 648(h)) is amended 
to read as follows: 
"(h) ASSOCIATE ADMINISTRATOR FOR SMALL BUSINESS DEVELOP-
MENT CENTERS.— 
"(1) APPOINTMENT AND COMPENSATION.—^The Administrator 
shall appoint an Associate Administrator for Small Business 
Development Centers who shall report to an official who is 
not more than one level below the Office of the Administrator 
and who shall serve without regard to the provisions of title 
5 governing appointments in the competitive service, and with-
out regard to chapter 51, and subchapter III of chapter 53 
of such title relating to classification and General Schedule 
pay rates, but at a rate not less than the rate of GS-17 
of the Greneral Schedule. 
"(2) DUTIES.— 
"(A) IN GENERAL.—^The sole responsibility of the Associ-
ate Administrator for Small Business Development Centers 
shall be to administer the small business development cen-
ter program. Duties of the position shall include rec-
ommendfing the annual program budget, reviewing the 
annual budgets submitted by each applicant, establishing 
appropriate funding levels therefore, selecting applicants 
to participate in this program, implementing the provisions 
of this section, maintaining a clearinghouse to provide for 
the dissemination and exchange of information between 
small business development centers and conducting audits 
of recipients of grants under this section. 
"(B) CONSULTATION REQUIREMENTS.—In carrying out 
the duties described in this subsection, the Associate 
Administrator shall confer with and seek the advice of 
the Board established by subsection (i) and Administration 
officials in areas served by the small business development 
centers; however, the Associate Administrator shall be 
responsible for the management and administration of the 
program and shall not be subject to the approval or concur-
rence of such Administration officials.". 
(2) REFERENCES TO ASSOCIATE ADMINISTRATOR.—Section 21 
(15 U.S.C. 648) is amended— 
(A) in subsection (c)(7), by striking "Deputy Associate 
Administrator of the Small Business Development Center 
program" and inserting "Associate Administrator for Small 
Business Development Centers"; and 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-732 
(B) in subsection (i)(2), by striking "Deputy Associate 
Administrator for Management Assistance" and inserting 
"Associate Administrator for Small Business Development 
Centers". 
(b) EXTENSION OR RENEWAL OF COOPERATIVE AGREEMENTS.— 
Section 21(k)(3) (15 U.S.C. 648(k)(3)) is amended to read as follows: 
"(3) EXTENSION OR RENEWAL OF COOPERATIVE AGREE-
MENTS.— 
"(A) IN GENERAL.—In extending or renewing a coopera-
tive agreement of a small business development center, 
the Administration shall consider the results of the exam-
ination and certification program conducted pursuant to 
paragraphs (1) and (2). 
"(B) CERTIFICATION REQUIREMENT.—After September 
30, 2000, the Administration may not renew or extend 
any cooperative agreement with a small business develop-
ment center unless the center has been approved under 
the certification program conducted pursuant to this sub-
section, except that the Associate Administrator for Small 
Business Development Centers may waive such certifi-
cation requirement, in the discretion of the Associate 
Administrator, upon a showing that the center is making 
a good faith effort to obtain certification.". 
(c) TECHNICAL CORRECTION.—Section 21(1) (15 U.S.C. 648(1)) 
is amended to read as follows: 
"(1) CONTRACT AUTHORITY.—The authority to enter into con-
tracts shall be in effect for each fiscal year only to the extent 
and in the amounts as are provided in advance in appropriations 
Acts. After the administration has entered a contract, either as 
a grant or a cooperative agreement, with any applicant under 
this section, it shall not suspend, terminate, or fail to renew or 
extend any such contract unless the Administration provides the 
applicant with written notification setting forth the reasons there-
fore and affording the applicant an opportunity for a hearing, 
appeal, or other administrative proceeding under the provisions 
of chapter 5 of title 5, United States Code.". 
SEC. 107. MISCELLANEOUS AUTHORITIES TO PROVIDE LOANS AND 
OTHER FINANCIAL ASSISTANCE. 
(a) FUNDING LIMITATION; SEMINARS.—Section 7(d) (15 U.S.C. 
636(d)) is amended— 
(1) by striking "(d)( 1)" and inserting "(d)"; and 
(2) by striking paragraph (2). 
(b) TRADE ADJUSTMENT LOANS.—Section 7(e) (15 U.S.C. 636(e)) 
is amended to read as follows: 
"(e) [RESERVED].". 
(c) WAIVER OF CREDIT ELSEWHERE TEST FOR COLLEGES AND 
UNIVERSITIES.—Section 7(f) (15 U.S.C. 636(f)) is amended to read 
as follows: 
"(f) [RESERVED].". 
(d) LOANS TO SMALL BUSINESS CONCERNS FOR SOLAR ENERGY 
AND ENERGY CONSERVATION MEASURES.—Section 7(1) (15 U.S.C. 
636(1)) is amended to read as follows: 
"(1) [RESERVED].". 
SEC. 108. SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PRO-
GRAM. 
(a) EXTENSION OF DEMONSTRATION PROGRAM.— 
110 STAT. 3009-733 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(1) IN GENERAL.—Section 711(c) of the Small Business 
Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 
644 note; 102 Stat. 3890) is amended by striking "September 
30, 1996" and inserting "September 30, 1997". 
(2) REPEAL.—Section 717(f) of the Small Business Competi-
tiveness Demonstration Program Act of 1988 (15 U.S.C. 644 
note) is repealed. 
(b) REPORTING OF SUBCONTRACT PARTICIPATION IN CONTRACTS 
FOR 
ARCHITECTURAL 
AND 
ENGINEERING 
SERVICES.—Section 
714(b)(5) of the Small Business Competitiveness Demonstration 
Program Act of 1988 (15 U.S.C. 644 note; 102 Stat. 3892) is amended 
to read as follows: 
"(5) DURATION.—^The system described in subsection (a) 
shall be established not later than October 1, 1996 (or as 
soon as practicable thereafter on the first day of a subsequent 
quarter of fiscal year 1997), and shall terminate on September 
30, 1997.". 
(c) REPORTS TO THE CONGRESS.— 
(1) IN GENERAL.—Section 716 of the Small Business 
Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 
644 note; 102 Stat. 3893) is amended— 
(A) in subsection (a), by striking "fiscal year 1991 and 
1995" and inserting "each of fiscal years 1991 through 
1996"; 
(B) in subsection (b), by striking "results" and inserting 
"cumulative results"; and 
(C) in subsection (c), by striking "1996" and inserting 
"1997". 
(2) CUMULATIVE REPORT THROUGH FISCAL YEAR 1995.—A 
cumulative report of the results of the Small Business Competi-
tiveness Demonstration Program for fiscal years 1991 through 
1995 shall be submitted not later than February 28, 1997 
pursuant to section 716(a) of the Small Business Competitive-
ness Demonstration Program Act of 1988 (15 U.S.C. 644 note; 
102 Stat. 3893), as amended by paragraph (1) of this subsection. 
SEC. 109. AMENDMENT TO SMALL BUSINESS GUARANTEED CREDIT 
ENHANCEMENT ACT OF 1993. 
(a) IN GENERAL.—Section 7 of the Small Business Guaranteed 
Credit Enhancement Act of 1993 (Public Law 103-81; 15 U.S.C. 
634 note) is repealed effective September 29, 1996. 
(b) CLERICAL AMENDMENT.—^The table of contents for the Small 
Business Guaranteed Credit Enhancement Act of 1993 (Public Law 
103-81; 15 U.S.C. 631 note) is amended by striking the item relating 
to section 7. 
SEC. 110. STTR PROGRAM EXTENSION. 
Section 9(n)(l)(C) (15 U.S.C. 638(n)(l)(C)) is amended by strik-
ing "fiscal year 1996" and inserting "fiscal years 1996 and 1997". 
SEC. 111. LEVEL OF PARTICIPATION FOR EXPORT WORKING CAPITAL 
LOANS. 
Section 7(A)(2) (15 U.S.C. 636(A)(2)) is amended by adding 
at the end the following: 
"(D) 
PARTICIPATION UNDER EXPORT WORKING CAPITAL 
PROGRAM.—^Notwithstanding subparagraph 
(A), in 
an 
agreement to participate in a loan on a deferred basis 
under the Export Working Capital Program established 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-734 
pursuant to paragraph (14)(A), such participation by the 
Administration shall not exceed 90 percent.". 
TITLE II—AMENDMENTS TO SMALL 
BUSINESS INVESTMENT ACT 
SEC. 
201. 
REFERENCES. 
Except as otherwise expressly provided, whenever in this title 
an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of the 
Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.). 
SEC. 202. 
MODIFICATIONS 
TO 
DEVELOPMENT 
COMPANY 
DEBENTURE 
PROGRAM. 
(a) DECREASED LOAN TO VALUE RATIOS.—Section 502(3) (15 
U.S.C. 696(3)) is amended to read as follows: 
"(3) CRITERIA FOR ASSISTANCE.— 
"(A) IN GENERAL.—^Any development company assisted 
under this section or section 503 of this title must meet 
the criteria established by the Administration, including 
the extent of participation to be required or amount of 
paid-in capital to be used in each instance as is determined 
to be reasonable by the Administration. 
"(B) COMMUNITY INJECTION FUNDS.— 
"(i) 
SOURCES OF FUNDS.—Community injection 
funds may be derived, in whole or in part, from— 
"(I) State or local governments; 
"(II) banks or other financial institutions; 
"(III) 
foundations 
or 
other 
not-for-profit 
institutions; or 
"(IV) the small business concern (or its owners, 
stockholders, or affiliates) receiving assistance 
through a body authorized by this title, 
"(ii) FUNDING FROM INSTITUTIONS.—Not less than 
50 percent of the total cost of any project financed 
pursuant to clauses (i), (ii), or (iii) of subparagraph 
(C) shall come from the institutions described in sub-
clauses (I), (II), and (III) of clause (i). 
"(C) FUNDING FROM A SMALL BUSINESS CONCERN.—^The 
small business concern (or its owners, stockholders, or affili-
ates) receiving assistance through a body authorized by 
this title shall provide— 
"(i) at least 15 percent of the total cost of the 
project financed, if the small business concern has 
been in operation for a period of 2 years or less; 
"(ii) at least 15 percent of the total cost of the 
project financed if the project involves the construction 
of a limited or single purpose building or structure; 
"(iii) at least 20 percent of the total cost of the 
project financed if the project involves both of the 
conditions set forth in clauses (i) and (ii); or 
"(iv) at least 10 percent of the total cost of the 
project financed, in all other circumstances, at the 
discretion of the development company.". 
29-194 O - 96 - 29: QL 3 Part 4 
110 STAT. 3009-735 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(b) 
GUARANTEE FEE FOR DEVELOPMENT 
COMPANY 
DEBEN-
TURES.—Section 503(b)(7)(A) (15 U.S.C. 697(b)(7)(A)) is amended 
by striking "equal to 0.125 percent" and all that follows before 
the semicolon and inserting the following: "equal to the lesser 
of— 
"(i) 0.9375 percent per year of the outstanding 
balance of the loan; or 
"(ii) such percentage per year of the outstanding 
balance of the loan as the Administrator may deter-
mine to be necessary to reduce the cost (as that term 
is defined in section 502 of the Federal Credit Reform 
Act of 1990) to the Administration of purchasing and 
guaranteeing debentures under this Act to an amount 
that, taking into consideration any available appro-
priated funds, would permit the Administration to pur-
chase or guarantee $2,000,000,000 of debentures in 
fiscal year 1997". 
(c) FEES To OFFSET SUBSIDY COST.—Section 503(d) (15 U.S.C. 
697(d)) is amended to read as follows: 
"(d) CHARGES FOR ADMINISTRATION EXPENSES.— 
"(1) LEVEL OF CHARGES.—^The Administration may impose 
an additional charge for administrative expenses with respect 
to each debenture for which payment of principal and interest 
is guaranteed under subsection (a). 
"(2) PARTICIPATION FEE.—^The Administration shall collect 
a one-time fee in an amount equal to 50 basis points on the 
total participation in any project of any institution described 
in subclause (I), (II), or (III) of section 502(3)(B)(i). Such fee 
shall be imposed only when the participation of the institution 
will occupy a senior credit position to that of the development 
company. All proceeds of the fee shall be used to offset the 
cost (as that term is defined in section 502 of the Credit 
Reform Act of 1990) to the Administration of making guarantees 
under subsection (a). 
"(3) DEVELOPMENT COMPANY FEE.—^The Administration 
shall collect annually from each development company a fee 
of 0.125 percent of the outstanding principal balance of any 
guaranteed debenture authorized by the Administration after 
September 30, 1996. Such fee shall be derived from the servic-
ing fees collected by the development company pursuant to 
regulation, and shall not be derived from any additional fees 
imposed on small business concerns. All proceeds of the fee 
shall be used to offset the cost (as that term is defined in 
section 502 of the Credit Reform Act of 1990) to the Administra-
tion of making guarantees under subsection (a).". 
(d) EFFECTIVE DATE.—Section 503 (15 U.S.C. 697) is amended 
by adding at the end the following new subsection: 
"(f) EFFECTIVE DATE.—^The fees authorized by subsections (b) 
and (c) shall apply to financings approved by the Administration 
on or after October 1, 1996, but shall not apply to financings 
approved by the Administration on or after October 1, 1997.". 
(e) CALCULATION OF SUBSIDY RATE.—Section 503 (15 U.S.C. 
15 use 697. 
697a) is amended by adding at the end the following new subsection: 
"(g) CALCULATION OF SUBSIDY RATE.—^All fees, interest, and 
profits received and retained by the Administration under this 
section shall be included in the calculations made by the Director 
of the Office of Management and Budget to offset the cost (as 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-736 
that term is defined in section 502 of the Federal Credit Reform 
Act of 1990) to the Administration of purchasing and guaranteeing 
debentures under this Act.". 
SEC. 
203. 
REQUIRED 
ACTIONS 
UPON 
DEFAULT. 
Section 503 (15 U.S.C. 697) is amended by adding at the end 
the following new subsection: 
"(h) REQUIRED ACTIONS UPON DEFAULT.— 
"(1) INITIAL ACTIONS.—^Not later than the 45th day after 
the date on which a payment on a loan funded through a 
debenture guaranteed under this section is due and not 
received, the Administration shall— 
"(A) take all necessary steps to bring such a loan 
current; or 
"(B) implement a formal written deferral agreement. 
"(2) PURCHASE OR ACCELERATION OF DEBENTURE.—Not later 
than the 65th day after the date on which a payment on 
a loan described in paragraph (1) is due and not received, 
and absent a formal written deferral agreement, the adminis-
tration shall take all necessary steps to purchase or accelerate 
the debenture. 
"(3) PREPAYMENT PENALTIES.—^With respect to the portion 
of any project derived from funds set forth in section 502(3), 
the Administration— 
"(A) shall negotiate the elimination of any prepayment 
penalties or late fees on defaulted loans made prior to 
September 30, 1996; 
"(B) shall not pay any prepayment penalty or late 
fee on the default based purchase of loans issued after 
September 30, 1996; and 
"(C) for any project financed after September 30, 1996, 
shall not pay any default interest rate higher than the 
interest rate on the note prior to the date of default.". 
SEC. 204. LOAN LIQUIDATION PILOT PROGRAM. 
15 USC 695 note. 
(a) IN GENERAL.—The Administrator shall carry out a loan 
liquidation pilot program (in this section referred to as the "pilot 
program") in accordance with the requirements of this section. 
(b) SELECTION OF DEVELOPMENT COMPANIES.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, the Administrator shall establish 
a pilot program under which certain development companies 
authorized to make loans and issue debentures under title 
V of the Small Business Investment Act of 1958 are selected 
by the Administrator in accordance with this subsection to 
carry out loan liquidations. 
(2) CONFLICTS OF INTEREST.—^The development companies 
selected under paragraph (1) shall agree not to take any action 
that would create a potential conflict of interest involving the 
development company, the third party lender, or an associate 
of the third party lender. 
(3) QUALIFICATIONS.—In order to qualify to participate in 
the pilot program under this section, each development com-
pany shall— 
(A) have not less than 6 years of experience in the 
program established by title V of the Small Business Invest-
ment Act of 1958; 
110 STAT. 3009-737 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(B) have made, during the 6 most recent fiscal years, 
an average of not less than 10 loans per year through 
the program established by such title V of the Small Busi-
ness Investment Act of 1958; 
(C) have not less than 2 years of experience in liquidat-
ing loans under the authority of a Federal, State, or other 
lending program; and 
(D) meet such other requirements as the Administra-
tion may establish. 
(c) AUTHORITY OF DEVELOPMENT COMPANIES.—^The development 
companies selected under subsection (b) shall, for loans in their 
portfolio of loans made through debentures guaranteed under title 
V of the Small Business Investment Act of 1958 that are in default 
after the date of enactment of this Act, be authorized to— 
(1) perform all liquidation and foreclosure functions, includ-
ing the acceleration or purchase of community injection funds, 
subject to such company obtaining prior written approval from 
the Administrator before committing the agency to purchase 
any other indebtedness secured by the property: Provided, That 
the Administrator shall approve or deny a request for such 
purchase within a period of 10 business days; and 
(2) liquidate such loans in a reasonable and sound manner 
and according to commercially accepted practices pursuant to 
a liquidation plan approved by the administrator in advance 
of its implementation. If the administrator does not approve 
or deny a request for approval of a liquidation plan within 
10 business days of the date on which the request is made 
(or with respect to any routine liquidation activity under such 
a plan, within 5 business days) such request shall be deemed 
to be approved. 
(d) AUTHORITY OF THE ADMINISTRATOR.—In carrying out the 
pilot program, the Administrator shall— 
(1) have full authority to rescind the authority granted 
any development company under this section upon a 10-day 
written notice stating the reasons for the rescission; and 
(2) not later than 90 days after the admission of the devel-
opment companies specified in subsection (b), implement the 
pilot program. 
(e) REPORT.— 
(1) IN GENERAL.—^The Administrator shall issue a report 
on the results of the pilot program to the Committees on 
Small Business of the House of Representatives and the Senate. 
The report shall include information relating to— 
(A) the total dollar amount of each loan and project 
liquidated; 
(B) the total dollar amount guaranteed by the Adminis-
tration; 
(C) total dollar losses; 
(D) total recoveries both as percentage of the amount 
guaranteed and the total cost of the project; and 
(E) a comparison of the pilot program information with 
the same information for liquidation conducted outside the 
pilot program over the period of time. 
(2) REPORTING PERIOD.—^The report shall be based on data 
from, and issued not later than 90 days after the close of, 
the first eight 8 fiscal quarters of the pilot program's operation 
after the date of implementation. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-738 
SEC. 205. REGISTRATION OF CERTIFICATES. 
(a) CERTIFICATES SOLD PURSUANT TO SMALL BUSINESS ACT.— 
Section 5(h) of the Small Business Act (15 U.S.C. 634(h)) is amend-
ed— 
(1) by redesignating paragraphs (1) through (4) as subpara-
graphs (A) through (D); 
(2) by striking "(h)" and inserting "(h)(1)"; 
(3) by striking subparagraph (A), as redesignated by para-
graph (1) of this subsection, and inserting the following: 
"(A) provide for a central registration of all loans and 
trust certificates sold pursuant to subsections (f) and (g) 
of this section;"; and 
(4) by adding at the end the following: 
"(2) Nothing in this subsection shall prohibit the utilization 
of a book-entry or other electronic form of registration for 
trust certificates. The Administration may, with the consent 
of the Secretary of the Treasury, use the book-entry system 
of the Federal Reserve System.". 
(b) CERTIFICATES SOLD PURSUANT TO SMALL BUSINESS INVEST-
MENT COMPANY PROGRAM.—Section 321(f) (15 U.S.C. 687Z(f)) is 
amended— 
(1) in paragraph (1), by striking "Such central registration 
shall include" and all that follows through the period at the 
end of the paragraph; and 
(2) by adding at the end the following: 
"(5) Nothing in this subsection shall prohibit the use of 
a book-entry or other electronic form of registration for trust 
certificates.". 
(c) CERTIFICATES SOLD PURSUANT TO DEVELOPMENT COMPANY 
PROGRAM.—Section 505(f) (15 U.S.C. 697b(f)) is amended— 
(1) by redesignating paragraphs (1) through (4) as subpara-
graphs (A) through (D); 
(2) by striking "(f)" and inserting "(f)( 1)"; 
(3) by striking subparagraph (A), as redesignated by para-
graph (1) of this subsection, and inserting the following: 
"(A) provide for a central registration of all trust certifi-
cates sold pursuant to this section;" and 
(4) by adding at the end the following: 
"(2) Nothing in this subsection shall prohibit the utilization 
of a book-entry or other electronic form of registration for 
trust certificates.". 
SEC. 
2
0
6
. 
PREFERRED 
SURETY 
BOND 
GUARANTEE 
PROGRAM. 
(a) ADMISSIONS OF ADDITIONAL PROGRAM PARTICIPANTS.—Sec-
tion 411(a) (15 U.S.C. 694(a)) is amended by adding a new para- i5USC694b. 
graph (5), as follows: 
"(5)(A) The Administration shall promptly act upon an 
application from a surety to participate in the Preferred Surety 
Bond Guarantee Program, authorized by paragraph (3), in 
accordance with criteria and procedures established in regula-
tions pursuant to subsection (d). 
"(B) The Administration is authorized to reduce the allot-
ment of bond guarantee authority or terminate the participation 
of a surety in the Preferred Surety Bond Guarantee Program 
based on the rate of participation of such surety during the 
4 most recent fiscal year quarters compared to the median 
rate of participation by the other sureties in the program.". 
110 STAT. 3009-739 
PUBLIC LAW 104-208—SEPT. 30, 1996 
15 use 694b 
(b) EFFECTIVE DATE.—^The amendments made by subsection 
note. 
(a) shall apply with respect to applications received (or pending 
substantive evaluation) on or after October 1, 1995. 
SEC. 207. SENSE OF THE CONGRESS. 
(a) IN GENERAL.—It is the sense of the Congress that the 
subsidy models prepared by the Office of Management and Budget 
relative to loan programs sponsored by the United States Small 
Business Administration have a tendency to— 
(1) overestimate potential risks of loss; and 
(2) overemphasize historical losses that may be anomalous 
and do not truly reflect the success of the programs as a 
whole. 
(b) INDEPENDENT STUDY.—Consequently, the Congress man-
dates the independent study in section 103(h) in an attempt to 
improve the ability of the Office of Management and Budget to 
reflect more accurately the budgetary implications of such programs. 
SEC. 208. SMALL BUSINESS INVESTMENT COMPANY IMPROVEMENTS. 
(a) DEFINITIONS.— 
(1) SMALL BUSINESS CONCERN.—Section 103(5) (15 U.S.C. 
662(5)) is amended by inserting before the semicolon the follow-
ing: ", except that, for purposes of this Act, an investment 
by a venture capital firm, investment company (including a 
small business investment company) employee welfare benefit 
plan or pension plan, or trust, foundation, or endowment that 
is exempt from Federal income taxation— 
"(A) shall not cause a business concern to be deemed 
not independently owned and operated; 
"(B) shall be disregarded in determining whether a 
business concern satisfies size standards established pursu-
ant to section 3(a)(2) of the Small Business Act; and 
"(C) shall be disregarded in determining whether a 
small business concern is a smaller enterprise". 
(2) PRIVATE CAPITAL.—Section 103(9) (15 U.S.C. 662(9)) 
is amended to read as follows: 
"(9) the term 'private capital'— 
"(A) means the sum of— 
"(i) the paid-in capital and paid-in surplus of a 
corporate licensee, the contributed capital of the part-
ners of a partnership licensee, or the equity investment 
of the members of a limited liability company licensee; 
and 
"(ii) unfunded binding commitments, from inves-
tors that meet criteria established by the Adminis-
trator, to contribute capital to the licensee: Provided, 
That such unfunded commitments may be counted as 
private capital for purposes of approval by the Adminis-
trator of any request for leverage, but leverage shall 
not be funded based on such commitments; and 
"(B) does not include any— 
"(i) funds borrowed by a licensee from any source; 
"(ii) funds obtained through the issuance of lever-
age; or 
"(iii) funds obtained directly or indirectly from any 
Federal, State, or local government, or any government 
agency or instrumentality, except for— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-740 
"(I) funds invested by an employee welfare 
benefit plan or pension plan; and 
"(11) any qualified nonprivate funds (if the 
investors of the qualified nonprivate funds do not 
control, directly or indirectly, the management, 
board of directors, general partners, or members 
of the licensee);". 
(3) NEW DEFINITIONS.—Section 103 (15 U.S.C. 662) 
is 
amended by striking paragraph (10) and inserting the following: 
"(10) the term 'leverage' includes— 
"(A) debentures purchased or guaranteed by the 
Administration; 
"(B) participating securities purchased or guaranteed 
by the Administration; and 
"(C) preferred securities outstanding as of October 1, 
1995; 
"(11) the term 'third party debt' means any indebtedness 
for borrowed money, other than indebtedness owed to the 
Administration; 
"(12) the term 'smaller enterprise' means any small busi-
ness concern that, together with its affiliates— 
"(A) has— 
"(i) a net financial worth of not more than 
$6,000,000, as of the date on which assistance is pro-
vided under this Act to that business concern; and 
"(ii) an average net income for the 2-year period 
preceding the date on which assistance is provided 
under this Act to that business concern, of not more 
than $2,000,000, after Federal income taxes (excluding 
any carryover losses); or 
"(B) satisfies the standard industrial classification size 
standards established by the Administration for the indus-
try in which the small business concern is primarily 
engaged; 
"(13) the term 'qualified nonprivate funds' means any— 
"(A) funds directly or indirectly invested in any 
applicant or licensee on or before August 16, 1982, by 
any Federal agency, other than the Administration, under 
a provision of law explicitly mandating the inclusion of 
those funds in the definition of the term 'private capital'; 
"(B) funds directly or indirectly invested in any 
applicant or licensee by any Federal agency under a provi-
sion of law enacted after September 4, 1992, explicitly 
mandating the inclusion of those funds in the definition 
of the term 'private capital'; and 
"(C) funds invested in any applicant or licensee by 
one or more State or local government entities (including 
any guarantee extended by those entities) in an aggregate 
amount that does not exceed 33 percent of the private 
capital of the applicant or licensee; 
"(14) the terms 'employee welfare benefit plan' and 'pension 
plan' have the same meanings as in section 3 of the Employee 
Retirement Income Security Act of 1974, and are intended 
to include— 
"(A) public and private pension or retirement plans 
subject to such Act; and 
110 STAT. 3009-741 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(B) similar plans not covered by such Act that have 
been established and that are maintained by the Federal 
Government or any State or political subdivision, or any 
agency or instrumentality thereof, for the benefit of employ-
ees; 
"(15) the term 'member' means, with respect to a licensee 
that is a limited liability company, a holder of an ownership 
interest or a person otherwise admitted to membership in the 
limited liability company; and 
"(16) the term 'limited liability company' means a business 
entity that is organized and operating in accordance with a 
State limited liability company statute approved by the 
Administration.". 
(b) ORGANIZATION OF SMALL BUSINESS INVESTMENT COMPA-
NIES.— 
(1) LIMITED LIABILITY COMPANIES.—Section 301(a) (15 
U.S.C. 681(a)) is amended in the first sentence, by striking 
"body or" and inserting "body, a limited liability company, 
or". 
(2) ISSUANCE OF LICENSE.—Section 301(c) (15 U.S.C. 681(c)) 
is amended to read as follows: 
"(c) ISSUANCE OF LICENSE.— 
"(1) 
SUBMISSION OF APPLICATION.—Each applicant for 
a 
license to operate as a small business investment company 
under this Act shall submit to the Administrator an application, 
in a form and including such documentation as may be pre-
scribed by the Administrator. 
"(2) PROCEDURES.— 
"(A) STATUS.—^Not later than 90 days after the initial 
receipt by the Administrator of an application under this 
subsection, the Administrator shall provide the applicant 
with a written report detailing the status of the application 
and any requirements remaining for completion of the 
application. 
"(B) APPROVAL OR DISAPPROVAL.—Within a reasonable 
time after receiving a completed application submitted in 
accordance with this subsection and in accordance with 
such requirements as the Administrator may prescribe by 
regulation, the Administrator shall— 
"(i) approve the application and issue a license 
for such operation to the applicant if the requirements 
of this section are satisfied; or 
"(ii) disapprove the application and notify the 
applicant in writing of the disapproval. 
"(3) MATTERS CONSIDERED.—In reviewing and processing 
any application under this subsection, the Administrator— 
"(A) shall determine whether— 
"(i) the applicant meets the requirements of sub-
sections (a) and (c) of section 302; and 
"(ii) the management of the applicant is qualified 
and has the knowledge, experience, and capability nec-
essary to comply with this Act; 
"(B) shall take into consideration— 
"(i) the need for and availability of financing for 
small business concerns in the geographic area in 
which the applicant is to commence business; 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-742 
"(ii) the general business reputation of the owners 
and management of the applicant; and 
"(iii) the probability of successful operations of the 
applicant, including adequate profitability and finan-
cial soundness; and 
"(C) shall not take into consideration any projected 
shortage or unavailability of leverage. 
"(4) EXCEPTION.— 
"(A) IN GENERAL.—^Notwithstanding any other provi-
sion of this Act, the Administrator may, in the discretion 
of the Administrator and based on a showing of special 
circumstances and good cause, approve an application and 
issue a license under this subsection with respect to any 
applicant that— 
"(i) has private capital of not less than $3,000,000; 
"(ii) would otherwise be issued a license under 
this subsection, except that the applicant does not sat-
isfy the requirements of section 302(a); and 
"(iii) has a viable business plan reasonably project-
ing profitable operations and a reasonable timetable 
for achieving a level of private capital that satisfies 
the requirements of section 302(a). 
"(B) LEVERAGE.—^An applicant licensed pursuant to the 
exception provided in this paragraph shall not be eligible 
to receive leverage as a licensee until the applicant satisfies 
the requirements of section 302(a).". 
(3) SPECIALIZED SMALL BUSINESS INVESTMENT COMPANIES.— 
(A) REPEAL.—Section 301(d) (15 U.S.C. 681(d)) is 
repealed. 
(B) EFFECT ON EXISTING LICENSES.—^The repeal under 
15 use 681 note, 
subparagraph (A) shall not be construed to require the 
Administrator to cancel, revoke, withdraw, or modify any 
license issued under section 301(d) of the Small Business 
Investment Act of 1958 before the date of enactment of 
this Act. 
(c) CAPITAL REQUIREMENTS.— 
(1) INCREASED MINIMUM CAPITAL REQUIREMENTS.—Section 
302(a) (15 U.S.C. 682(a)) is amended by striking "(a)" and 
all that follows through "The Administration shall also deter-
mine the ability of the company," and inserting the following: 
"(a) AMOUNT.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), 
the private capital of each licensee shall be not less than— 
"(A) $5,000,000; or 
"(B) $10,000,000, with respect to each licensee author-
ized or seeking authority to issue participating securities 
to be purchased or guaranteed by the Administration under 
this Act. 
"(2) EXCEPTION.—^The Administrator may, in the discretion 
of the Administrator and based on a showing of special cir-
cumstances and good cause, permit the private capital of a 
licensee authorized or seeking authorization to issue participat-
ing securities to be purchased or guaranteed by the Administra-
tion to be less than $10,000,000, but not less than $5,000,000, 
if the Administrator determines that such action would not 
create or otherwise contribute to an unreasonable risk of default 
or loss to the Federal Government. 
110 STAT. 3009-743 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(3) ADEQUACY.—In addition to the requirements of para-
graph (1), the Administrator shall— 
"(A) determine whether the private capital of each 
licensee is adequate to assure a reasonable prospect that 
the licensee will be operated soundly and profitably, and 
managed actively and prudently in accordance with its 
articles; and 
"(B) determine that the licensee will be able". 
(2) EXEMPTION FOR CERTAIN LICENSEES.—Section 302(a) (15 
U.S.C. 682(a)) is amended by adding at the end the following 
new paragraph: 
"(4) 
EXEMPTION 
FROM 
CAPITAL 
REQUIREMENTS.—^The 
Administrator may, in the discretion of the Administrator, 
approve leverage for any licensee licensed under subsection 
(c) or (d) of section 301 before the date of enactment of the 
Small Business Program Improvement Act of 1996 that does 
not meet the capital requirements of paragraph (1), if— 
"(A) the licensee certifies in writing that not less than 
50 percent of the aggregate dollar amount of its financings 
after the date of enactment of the Small Business Program 
Improvement Act of 1996 will be provided to smaller enter-
prises; and 
"(B) the Administrator determines that such action 
would not create or otherwise contribute to an unreasonable 
risk of default or loss to the United States Government.". 
(3) DIVERSIFICATION OF OWNERSHIP.—Section 302(c) (15 
U.S.C. 682(c)) is amended to read as follows: 
"(c) DIVERSIFICATION OF OWNERSHIP.—^The Administrator shall 
ensure that the management of each licensee licensed after the 
date of enactment of the Small Business Program Improvement 
Act of 1996 is sufficiently diversified from and unaffiliated with 
the ownership of the licensee in a manner that ensures independ-
ence and objectivity in the financial management and oversight 
of the investments and operations of the licensee.". 
(d) BORROWING.— 
(1) DEBENTURES.—Section 303(b) (15 U.S.C. 683(b)) is 
amended in the first sentence, by striking "(but only and 
all that follows through "terms)". 
(2) THIRD PARTY DEBT.—Section 303(c) (15 U.S.C. 683(c)) 
is amended to read as follows: 
"(c) THIRD PARTY DEBT.—^The Administrator— 
"(1) shall not permit a licensee having outstanding leverage 
to incur third party debt that would create or contribute to 
an unreasonable risk of default or loss to the Federal CJovern-
ment; and 
"(2) shall permit such licensees to incur third party debt 
only on such terms and subject to such conditions as may 
be established by the Administrator, by regulation or other-
wise.". 
(3) REQUIREMENT TO FINANCE SMALLER ENTERPRISES.—Sec-
tion 303(d) (15 U.S.C. 683(d)) is amended to read as follows: 
"(d) REQUIREMENT TO FINANCE SMALLER ENTERPRISES.—^The 
Administrator shall require each licensee, as a condition of approval 
of an application for leverage, to certify in writing that not less 
tjian 20 percent of the aggregate dollar amount of the financings 
of the licensee will be provided to smaller enterprises.". 
(4) CAPITAL IMPAIRMENT REQUIREMENTS.— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-744 
(A) IN GENERAL.—Section 303(e) (15 U.S.C. 683(e)) is 
amended to read as follows: 
"(e) CAPITAL IMPAIRMENT.—Before approving any application 
for leverage submitted by a licensee under this Act, the Adminis-
trator— 
"(1) shall determine that the private capital of the licensee 
meets the requirements of section 302(a); and 
"(2) shall determine, taking into account the nature of 
the assets of the licensee, the amount and terms of any third 
party debt owed by such licensee, and any other factors deter-
mined to be relevant by the Administrator, that the private 
capital of the licensee has not been impaired to such an extent 
that the issuance of additional leverage would create or other-
wise contribute to an unreasonable risk of default or loss to 
the Federal Government.". 
(B) REGULATIONS.— 
is use 683 note. 
(i) UNIFORM APPLICABILITY.—Any regulation issued 
by the Administration to implement section 303(e) of 
the Small Business Investment Act of 1958 that applies 
to any licensee with outstanding leverage obtained 
before the effective date of that regulation, shall apply 
uniformly to all licensees with outstanding leverage 
obtained before that effective date. 
(ii) DEFINITIONS.—^For purposes of this subpara-
graph, the terms "Administration", "leverage" and 
"licensee" have the same meanings as in section 103 
of the Small Business Investment Act of 1958. 
(5) EQUITY INVESTMENT REQUIREMENT.—Section 303(g)(4) 
(15 U.S.C. 683(g)(4)) is amended by striking "and maintain". 
(6) FEES.—Section 303 (15 U.S.C. 683) is amended— 
(A) in subsection (b), in the fifth sentence, by striking 
"1 per centum", and all that follows before the period 
at the end of the sentence and inserting the following: 
"1 percent, plus an additional charge of 1 percent per 
annum which shall be paid to and retained by the Adminis-
tration"; 
(B) in subsection (g)(2), by striking "1 per centum," 
and all that follows before the period at the end of the 
paragraph and inserting the following: "1 percent, plus 
an additional charge of 1 percent per annum which shall 
be paid to and retained by the Administration"; and 
(C) by adding at the end the following new subsections: 
"(i) LEVEPWAGE FEE.—^With respect to leverage granted by the 
Administration to a licensee, the Administration shall collect from 
the licensee a nonrefundable fee in an amount equal to 3 percent 
of the face amount of leverage granted to the licensee, payable 
upon the earlier of the date of entry into any commitment for 
such leverage or the date on which the leverage is drawn by 
the licensee. 
"(j) CALCULATION OF SUBSIDY RATE.—^All fees, interest, and 
profits received and retained by the Administration under this 
section shall be included in the calculations made by the Director 
of the Office of Management and Budget to offset the cost (as 
that term is defined in section 502 of the Federal Credit Reform 
Act of 1990) to the Administration of purchasing and guaranteeing 
debentures £md participating securities under this Act.". 
110 STAT. 3009-745 
PUBLIC LAW 104-208—SEPT. 30, 1996 
(e) LIABILITY OF THE UNITED STATES.—Section 308(e) (15 U.S.C. 
687(e)) is amended by striking "Nothing" and inserting "Except 
as expressly provided otherwise in this Act, nothing". 
(f) EXAMINATIONS; VALUATIONS.— 
(1) EXAMINATIONS.—Section 310(b) (15 U.S.C. 687b(b)) is 
amended in the first sentence by inserting "which may be 
conducted with the assistance of a private sector entity that 
has both the quaUfications to conduct and expertise in conduct-
ing such examinations," after "Investment Division of the 
Administration,". 
(2) VALUATIONS.—Section 310(d) (15 U.S.C. 687b(d)) is 
amended to read as follows: 
"(d) VALUATIONS.— 
"(1) FREQUENCY OF VALUATIONS.— 
"(A) IN GENERAL.—Each licensee shall submit to the 
Administrator a written valuation of the loans and invest-
ments of the licensee not less often than semiannually 
or otherwise upon the request of the Administrator, except 
that any licensee with no leverage outstanding shall submit 
such valuations annually, unless the Administrator deter-
mines otherwise. 
"(B) MATERIAL ADVERSE CHANGES.—^Not later than 30 
days after the end of a fiscal quarter of a licensee during 
which a material adverse change in the aggregate valuation 
of the loans and investments or operations of the licensee 
occurs, the licensee shall notify the Administrator in writ-
ing of the nature and extent of that change. 
"(C) INDEPENDENT CERTIFICATION.— 
"(i) IN GENERAL.—Not less than once during each 
fiscal year, each licensee shall submit to the Adminis-
trator the financial statements of the licensee, audited 
by an independent certified public accountant approved 
by the Administrator. 
"(ii) AUDIT REQUIREMENTS.—Each audit conducted 
under clause (i) shall include— 
"(I) a review of the procedures and documenta-
tion used by the licensee in preparing the valu-
ations required by this section; and 
"(II) a statement by the independent certified 
public accountant that such valuations were pre-
pared in conformity with the valuation criteria 
applicable to the licensee established in accordance 
with paragraph (2). 
"(2) VALUATION CRITERIA.—Each valuation submitted under 
this subsection shall be prepared by the licensee in accordance 
with valuation criteria, which shall— 
"(A) be established or approved by the Administrator; 
and 
"(B) include appropriate safeguards to ensure that the 
noncash assets of a licensee are not overvalued.". 
(g) TRUSTEE OR RECEIVERSHIP OVER LICENSEES.— 
(1) FINDING.—It is the finding of the Congress that 
increased recoveries on assets in liquidation under the Small 
Business Investment Act of 1958 are in the best interests 
of the Federal Government. 
(2) DEFINITIONS.—For purposes of this subsection— 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-746 
(A) the term "Administrator" means the Administrator 
of the Small Business Adminstration; 
(B) the term "Administration" means the Small Busi-
ness Administration; and 
(C) the term "licensee" has the same meaning as in 
section 103. 
(3) LIQUIDATION PLAN.— 
(A) IN GENERAL.—Not later than October 15, 1996, 
the Administrator shall submit to the Committees on Small 
Business of the Senate and the House of Representatives 
a detailed plan to expedite the orderly liquidation of all 
licensee assets in liquidation, including assets of licensees 
in receivership or in trust held by or under the control 
of the Administration or its agents. 
(B) CONTENTS.—^The plan submitted under paragraph 
(1) shall include a timetable for liquidating the liquidation 
portfolio of small business investment company assets 
owned by the Administration, and shall contain the findings 
and recommendations of the Administrator on various 
options providing for the fair and expeditious liquidation 
of such assets within a reasonable period of time, giving 
due consideration to the option of entering into one or 
more contracts with private sector entities having the 
capability to carry out the orderly liquidation of similar 
assets. 
(h) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) SMALL BUSINESS INVESTMENT ACT OF I958.—^The Small 
Business Investment Act of 1958 (15 U.S.C. 661 et seq.) is 
amended— 
(A) in section 303— 
15 USC 683. 
(i) in subsection (a), by striking "debenture bonds," 
and inserting "securities,"; 
(ii) by striking subsection (f) and inserting the 
following: 
"(f) 
REDEMPTION OR REPURCHASE OF PREFERRED STOCK.— 
Notwithstanding any other provision of law— 
"(1) the Administrator may allow the issuer of any preferred 
stock sold to the Administration before November 1, 1989 to 
redeem or repurchase such stock, upon the payment to the 
Administration of an amount less than the par value of such 
stock, for a repurchase price determined by the Administrator 
after consideration of all relevant factors, including— 
"(A) the market value of the stock; 
"(B) the value of benefits provided and anticipated 
to accrue to the issuer; 
"(C) the amount of dividends paid, accrued, and antici-
pated; and 
"(D) the estimate of the Administrator of any antici-
pated redemption; and 
"(2) any moneys received by the Administration from the 
repurchase of preferred stock shall be available solely to provide 
debenture leverage to licensees having 50 percent or more 
in aggregate dollar amount of their financings invested in 
smaller enterprises."; and 
(iii) in subsection (g)(8)— 
(I) by striking "partners or shareholders" and 
inserting "partners, shareholders, or members"; 
110 STAT. 3009-747 
PUBLIC LAW 104-20&—SEPT. 30, 1996 
15 use 687. 
15 use 687b. 
15 use 687d. 
15 use 80a-18, 
687i-687m. 
15 use 687/. 
15 use 687m. 
15 use 697f. 
15 use 634 note. 
(II) by striking "partner's or shareholder's" and 
inserting "partner's, shareholder's, or member's"; 
and 
(III) by striking "partner or shareholder" and 
inserting "partner, shareholder, or member"; 
(B) in section 308(h), by striking "subsection (c) or 
(d) of section 301" each place that term appears and insert-
ing "section 301"; 
(C) in section 310(c)(4), by striking "not less than four 
years in the case of section 301(d) licensees and in all 
other cases,"; 
(D) in section 312— 
(i) by striking "shareholders or partners" and 
inserting "shareholders, partners, or members"; and 
(ii) by striking "shareholder, or partner" each place 
that term appears and inserting "shareholder, partner, 
or member"; 
(E) by striking sections 317 and 318, and redesignating 
sections 319 through 322 as sections 317 through 320, 
respectively; 
(F) in section 319, as redesignated— 
(i) in subsection (a), by striking ", including compa-
nies operating under the authority of section 301(d),"; 
and 
(ii) in subsection (f)(2), by inserting "or investments 
in obligations of the United States" after "accounts"; 
(G) in section 320, as redesignated, by striking "section 
321" and inserting "section 319"; and 
(H) in section 509— 
(i) in subsection (a)(1), by striking the second sen-
tence; and 
(ii) in subsection (e)(1)(B), by striking "subsection 
(c) or (d) of section 301" and inserting "section 301". 
(2) AMENDMENT IN OTHER LAW.—Section 11(h) of the Fed-
eral Home Loan Bank Act (12 U.S.C. 1431(h)) is amended 
by striking "301(d)" and inserting "301". 
(i) AMENDMENTS TO THE SMALL BUSINESS ACT.— 
(1) POWERS OF THE ADMINISTRATOR.—Section 5(b)(7) of the 
Small Business Act (15 U.S.C. 634(b)(7)) is amended by striking 
the colon and all that follows before the semicolon at the 
end of the paragraph and inserting the following: ": Provided, 
That with respect to deferred participation loans, the Adminis-
trator may, in the discretion of and pursuant to regulations 
promulgated by the Administrator, authorize participating lend-
ing institutions to take actions relating to loan servicing on 
behalf of the Administrator, including determining eligibility 
and creditworthiness and loan monitoring, collection, and liq-
uidation". 
(2) AUTHORIZATION OF APPROPRIATIONS.—Section 20(p)(3) 
of the Small Business Act (15 U.S.C. 631 note) is amended 
by striking subparagraph (B) and inserting the following: 
"(B) $300,000,000 in guarantees of debentures; and", 
(j) EFFEOTIVE DATE.—^This section and the amendments made 
by this section shall become effective on the date of enactment 
of this Act. 
PUBLIC LAW 104-208—SEPT. 30, 1996 
110 STAT. 3009-748 
DIVISION E 
TITLE I—CALIFORNIA BAY-DELTA ENVI-
RONMENTAL 
ENHANCEMENT 
AND 
WATER SECURITY ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the "California Bay-Delta Environ-
mental Enhancement and Water Security Act." 
SEC. 102. PROGRAM FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.—^For each of the fiscal 
years 1998, 1999 and 2000, there are authorized to be appropriated 
an additional $143,300,000 for both (1) the initial Federal share 
of the cost of developing and implementing that portion of an 
ecosystem protection plan for the Bay-Delta, referred to as "the 
Category III program" emanating out of the document entitled 
"Principles for Agreement on Bay-Delta Standards Between the 
State of California and the Federal Government," dated December 
15, 1994, and, (2) the initial Federal share of the cost of developing 
and implementing the ecosystem restoration elements of the long-
term CALFED Bay-Delta Program, pursuant to the cost-sharing 
agreement required by Section 78684.10 of California Senate Bill 
900, Chapter 135, Statutes of 1996, signed by the Grovernor of 
California on July 11, 1996. Funds appropriated pursuant to this 
section shall remain available until expended and shall be adminis-
tered in accordance with procedures established by CALFED Bay-
Delta Program until Congress authorizes smother entity that is 
recommended by CALFED Bay-Delta Program to ceirry out this 
section. 
(b) Funds authorized to be appropriated pursuant to this section 
to those agencies that are currently or subsequently become partici-
pants in the CALFED Bay-Delta Program shall be in addition 
to the baseline funding levels established pursuant to section 103 
of this title, for currently authorized projects and programs under 
the Central Valley Project Improvement Act, Title 34 of Public 
Law 102-575 and other currently authorized Federal programs 
for the purpose of Bay-Delta ecosystem protection and restoration. 
(c) Nothing in this title shall be deemed to diminish the Federal 
interest in and responsibility for working with the State of Califor-
nia through the CALFED Bay-Delta Program in developing, funding 
and implementing a balanced, long-term solution to the problems 
of ecosystem quality, water quality, water supply and reliability, 
and system vulnerability affecting the San Francisco Bay/Sac-
ramento-San Joaquin Delta Watershed in California. Participation 
in such long-term solution shall only be undertaken pursuant to 
authorization provided by law other than this title, and shall be 
based on the equitable allocation of program costs among beneficiary 
groups that the CALFED Bay-Delta programs shall develop. 
(d) To the extent not otherwise authorized, those agencies and 
depgirtments that are currently or subsequently become participants 
in the CALFED Bay-Delta Program are hereby authorized to under-
take the activities and programs for which Federal cost sharing 
is provided by this section. The United States shall immediately 
initiate coordinated consultations and negotiations with the State 
California Bay-
Delta 
Environmental 
Enhancement 
and Water 
Security Act. 
110 STAT. 3009-749 
PUBLIC LAW 104-208—SEPT. 30, 1996 
of California to expeditiously execute the cost-sharing agreement 
required by Section 78684.10 of California Senate Bill 900, Chapter 
135, Statutes of 1996, signed by the Governor of California on 
July 11, 1996. Such activities shall include, but not be limited 
to, planning, design, technical assistance and construction for eco-
system restoration programs and projects. 
SEC. 103. BUDGET CROSSCUT. 
The Office of Management and Budget is directed to submit 
to the House and Senate Committees on Appropriations, as part 
of the President's Fiscal Year 1998 Budget, an interagency budget 
crosscut that displays Federal spending for fiscal years 1993 
through 1998 on ecosystem restoration and other purposes in the 
Bay-Delta region, separately showing funding provided previously 
or requested under both preexisting authorities and new authorities 
granted by this title. 
SEC. 104. EFFECTIVE DATE. 
Section 102 of this title shall take effect on the date of passage 
of California State Proposition 204. 
This Act may be cited as the "Omnibus Consolidated Appropria-
tions Act, 1997". 
Approved September 30, 1996. 
LEGISLATIVE HISTORY—H.R. 3610 (S. 1894): 
HOUSE REPORTS: Nos. 104-617 (Comm. on Appropriations) and 104-863 (Comm. 
on Conference). 
SENATE REPORTS: No. 104-286 accompanying S. 1894 (Comm. on Appropria-
tions). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
June 13, considered and passed House. 
July 11, 17, 18, considered and passed Senate, amended, in lieu of S. 1894. 
Sept. 28, House agreed to conference report. 
Sept. 30, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Sept. 30, Presidential statement.