[104th Congress Public Law 208]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ208.104]
[[Page 110 STAT. 3001]]
*Public Law 104-208
104th Congress
An Act
Making omnibus consolidated appropriations for the fiscal year ending
September 30, 1997, and for other purposes. <<NOTE: Sept. 30,
1996 - [H.R. 3610]>>
Be it enacted by the Senate and House of Representatives of the
United States of America <<NOTE: Omnibus Consolidated Appropriations
Act, 1997.>> in Congress assembled,
DIVISION A
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the several departments,
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
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1997, provided as follows, to be effective
as if it had been enacted into law as the regular appropriations Act:
AN <<NOTE: Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1997.>> 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 <<NOTE: Department of Justice Appropriations Act,
1997.>> OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department 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 augmentation 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:
---------------------------------------------------------------------------
*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.
[[Page 110 STAT. 3009-1]]
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 international terrorism,
including payment 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 Appropriations of the House of Representatives and the
Senate in accordance with section 605 of this Act.
For an additional amount for necessary expenses, as determined by
the Attorney General, $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 Executive
Office of Immigration Review, $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.
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),
[[Page 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 Department
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 available 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 ``Salaries 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: Provided further, That notwithstanding 31 U.S.C. 1342, the
Attorney General 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 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.
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
[[Page 110 STAT. 3009-3]]
$4,028,000, to be appropriated from the Vaccine Injury Compensation
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 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 $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
Attorneys, 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, maintenance and protection of
property and businesses, advertising and title search and surveying
costs, and (4) paying the costs of processing 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,
[[Page 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 activities, $4,641,000 for Southwest Border
Control, $1,000,000 for Federal 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 available 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: Provided 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 necessary 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
[[Page 110 STAT. 3009-5]]
not to exceed $4,000,000 for development, implementation, maintenance
and support, and training for an automated prisoner information 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 territorial 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 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.
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 appropriations
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 witnesses,
for expenses of contracts for the procurement and supervision 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 protected 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 protected
witnesses.
[[Page 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 circumstances
require additional funding for conflict prevention and resolution
activities of the Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations 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 expenditure except in compliance with the
procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (C),
(F), and (G), as amended, $23,000,000, to be derived from the Department
of Justice Assets Forfeiture 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 trafficking
not otherwise provided for, to include intergovernmental agreements with
State and local law enforcement agencies engaged in the investigation
and prosecution of individuals involved in organized 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 organizations in succeeding fiscal years, subject to the
reprogramming procedures described in section 605 of this Act.
[[Page 110 STAT. 3009-7]]
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 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 for necessary expenses of the Federal
Bureau of Investigation to prevent and investigate terrorism activities
and incidents; provide for additional agents and support staff; protect
key physical assets; establish a capability for chemical, 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 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 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
[[Page 110 STAT. 3009-8]]
Act of 1996 (``the Antiterrorism Act''), $169,000,000, to remain
available 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 authorized by
section 190001(b) of the 1994 Act, of which $20,240,000 shall be for
activities authorized by section 103 of the Brady Handgun Violence
Prevention Act (Public Law 103-159), as amended; $4,000,000 shall be for
training and investigative assistance authorized 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 manufacturers, 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 and expenses
For necessary expenses of the Drug Enforcement Administration,
including 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;
expenses for conducting drug education and training programs, including
travel and related expenses for participants 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;
[[Page 110 STAT. 3009-9]]
$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 payments 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 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 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 replacement only), without
regard to the general purchase price limitation
[[Page 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: Provided 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 traffic is being checked
on a continuous 24-hour basis: Provided further, That the Land
Border <<NOTE: 8 USC 1356 note.>> Fee Pilot Project scheduled to end
September 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 balances 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 available until expended: Provided
further, That not to exceed 48 permanent 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 detention 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 104-
132), $500,000,000, to remain available until expended, which will be
derived from the Violent Crime Reduction 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
[[Page 110 STAT. 3009-11]]
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 deportation program
activities.
construction
For planning, construction, renovation, equipping, and maintenance
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, including
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 corrections related
issues to foreign governments; $2,768,316,000: Provided, That the
Attorney <<NOTE: 42 USC 250a.>> 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 services 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: Provided 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 agreements, 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 the National <<NOTE: 18 USC
4352 note.>> Institute of Corrections hereafter shall be included in
the FPS Salaries and Expenses budget, in the Contract Confinement
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.
[[Page 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 Enforcement 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
facilities; 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
constructing, remodeling, and equipping necessary buildings and
facilities 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 prisoners may be used
for work performed under this appropriation: Provided further, That not
to exceed 10 percent of the funds appropriated 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 Committees 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 authorized
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 corporation, 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 prescribed
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
[[Page 110 STAT. 3009-13]]
disposition of facilities and other property belonging to the
corporation or in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, and the Missing Children's Assistance
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 development 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
assistance 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, notwithstanding 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 transferred to and
merged with the ``Justice Assistance'' account) authorized by the
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322), as amended (``the 1994 Act''); the Omnibus Crime Control and Safe
Streets Act of 1968, as amended (``the 1968 Act''); and the Victims of
Child Abuse Act of 1990, as amended
[[Page 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 involving 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
Prevention Act of 1993, as amended, and section 4(b) of the National
Child Protection Act of 1993; of which $199,000,000 shall be available
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 Programs; of which
$330,000,000 shall be for the State Criminal Alien Assistance Program,
as authorized by section 242(j) of the Immigration 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 further, 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 <<NOTE: 42 USC 13703 note.>> beginning 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 intervention for appropriate categories of convicted
offenders during periods of incarceration and criminal justice
supervision, with sanctions 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
[[Page 110 STAT. 3009-15]]
government, and Indian tribal governments, as authorized by section
1001(a)(19) of the 1968 Act; of which $8,000,000 shall be for Rural
Domestic Violence and Child Abuse Enforcement Assistance 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 authorized 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 government 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 authorized 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
nonadministrative 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 Memorial 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''
[[Page 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 notifies the Committees on
Appropriations of the House of Representatives 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 management 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
assistance authorized by the Juvenile Justice and Delinquency Prevention
Act of 1974, as amended, including salaries and expenses in connection
therewith to be transferred to and merged with the appropriations 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 provide 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
[[Page 110 STAT. 3009-17]]
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 inconsistent 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 available 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 Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses in accordance 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, whichever 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 appropriated 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 outside
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.
Sec. 106. <<NOTE: 18 USC 3059 note.>> Notwithstanding any other
provision of law, not 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
[[Page 110 STAT. 3009-18]]
of $100,000 or more, up to a maximum of $2,000,000, may not be made
without the personal approval of the President or the Attorney General
and such approval may not be delegated.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act, including those derived from the Violent Crime Reduction Trust
Fund, may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 108. Section 524(c)(8)(E) of title 28, United States Code, is
amended by striking the year in the date therein contained and replacing
the same with ``1996''.
Sec. 109. (a) Section 1930(a) of title 28, United States Code, is
amended in paragraph (3), by inserting ``$'' 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:
``Sec. 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.
[[Page 110 STAT. 3009-19]]
``(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
sentence 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 General 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).''.
(c) <<NOTE: 28 USC 589a note.>> Notwithstanding any other
provision of law or of this Act, 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 211
of Public Law <<NOTE: 28 USC 1930 note.>> 104-99, is further amended by
inserting ``: 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
confirmation 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 COMPLIANCE PAYMENTS
``SEC. 401. <<NOTE: 47 USC 1021.>> DEPARTMENT OF JUSTICE
TELECOMMUNICATIONS CARRIER COMPLIANCE FUND.
``(a) Establishment of Fund.--There is hereby established in the
United States Treasury a fund to be known as the Department of Justice
Telecommunications Carrier Compliance Fund (hereafter referred to as
`the Fund'), which shall be available without fiscal year limitation to
the Attorney General for making payments to telecommunications carriers,
equipment manufacturers, and providers of telecommunications support
services pursuant to section 109 of this Act.
[[Page 110 STAT. 3009-20]]
``(b) Deposits to the Fund.--Notwithstanding any other provision
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 appropriation 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 interface;
``(2) the proposed actual and maximum capacity requirements
for the number of simultaneous law enforcement communications
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 thereafter,
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.''.
[[Page 110 STAT. 3009-21]]
Sec. 111. It is the sense of the Congress that the Drug
Enforcement Administration, together with other appropriate Federal
agencies, 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 consultation
with the Attorney General, shall concurrently report to the
Congress on the possible use, and exploitation of technologies
such as vapor detection devices, computed tomography, nuclear
quadropole resonance, thermal neutron analysis, pulsed fast-
neutron analysis, and other technologies upon which
recommendations 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
Secretary 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 officers in their investigative
efforts;
``(iii) will impair the quality and
performance of the powders (which shall include a
broad and comprehensive 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;
[[Page 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 probable 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
difficulty, by terrorists or terrorist
organizations, including 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 sporting 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. <<NOTE: 28 USC 509 note.>> Effective with the enactment
of this Act and in 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 temporary
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 reimbursement 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 amended
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
[[Page 110 STAT. 3009-23]]
of the fund and bearing interest at rates determined by the Secretary 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
forfeiture of property pursuant to any law enforced or
administered 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
authorized to transfer, under such terms and conditions as the
Attorney General 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
education, 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)(1)(A)(iii) certifies'' and inserting
``independent counsel and the division of the court certify'';
(c) striking ``such employee'' and inserting ``the
independent counsel'' and ``the division of the court''.
Sec. 119. This section may <<NOTE: Age Discrimination in
Employment Amendments of 1996. 29 USC 621 note.>> be cited as the ``Age
Discrimination in Employment Amendments of 1996''.
Subsection 1. Age Discrimination Amendment.
(a) Repeal of Repealer.--Section 3(b) of the Age Discrimination 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. 623(j)), as in effect immediately
before December 31, 1993--
(1) is reenacted as such section; and
(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 Employment Amendments of 1996 if the
individual was discharged after the date described in such
section, and the individual has attained--
[[Page 110 STAT. 3009-24]]
``(A) the age of hiring or retirement, respectively,
in effect under applicable 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
Employment Amendments of 1996 and the individual was
discharged, 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 <<NOTE: 29 USC 623 note.>> in the
repeal, reenactment, and 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 Amendments 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. <<NOTE: 29 USC 623 note.>> Study and Guidelines for
Performance Tests.
(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
firefighters;
(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
available for determining minimally acceptable performance
standards 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 conduct
of the study required by subsection (a), consult with--
[[Page 110 STAT. 3009-25]]
(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
officers, firefighters, and employers of the officers
and firefighters; and
(D) organizations that represent older individuals.
(2) Public comment.--Prior to issuing the advisory
guidelines 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 requirements 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 Discrimination in
Employment Act of 1967 with respect to firefighters or law
enforcement officers who have attained an age of retirement
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 seeking
such exemption with respect to a firefighter or law enforcement
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 programs for law
enforcement officers and firefighters.
(f) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 to carry out this section.
Subsection 3. <<NOTE: 29 USC 623 note.>> Effective Dates.
(a) General Effective Date.--Except as provided in subsection (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 amendments'' after
``such amendments''.
[[Page 110 STAT. 3009-26]]
Sec. 121. <<NOTE: Child Pornography Prevention Act of 1996. 18 USC
2251 note.>> This section may be cited as the ``Child Pornography
Prevention Act of 1996''.
Subsection 1. <<NOTE: 18 USC 2251 note.>> Findings.
Congress finds that--
(1) the use of children in the production of sexually
explicit 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
pornography 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
videos in such a way as to make it virtually impossible
for unsuspecting viewers to identify individuals, or to
determine 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
created 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
stimulate 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,
[[Page 110 STAT. 3009-27]]
is the same whether the child pornography consists of
photographic depictions of actual children or visual depictions
produced wholly or in part by electronic, mechanical, or other
means, including by computer, which are virtually
indistinguishable 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 increasing
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
materials;
(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
emotional 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
pornography 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,
distribution, possession, sale, or viewing of visual depictions
of children engaging in sexually explicit conduct, including
both photographic 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 conduct.
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 electronic
means which is capable of conversion into a visual image'';
(2) in paragraph (6), by striking ``and'';
[[Page 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,
including any photograph, film, video, picture, or computer or
computer-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,
presented, 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 characteristic, such as a unique
birthmark or other recognizable 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 Constituting or
Containing Child Pornography.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended by adding after section 2252 the following:
``Sec. 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
distribution through the mails, or in interstate or foreign
commerce 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
[[Page 110 STAT. 3009-29]]
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,
periodical, 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, distribution, 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,
subsection (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.''.
[[Page 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 exploitation 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, distribution, 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,
paragraph (4) of subsection (a) 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.''.
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 production, 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
[[Page 110 STAT. 3009-31]]
2251, 2251A, 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 production, 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, 2251A, 2252, or 2252A of title 18,
United States Code''.
Subsection 7. Amber Hagerman Child <<NOTE: Amber Hagerman Child
Protection Act of 1996. 18 USC 2241
note.>> 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, imprisoned 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. <<NOTE: 18 USC 2251 note.>> 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
Appropriations Act, 1997''.
[[Page 110 STAT. 3009-32]]
TITLE II--DEPARTMENT <<NOTE: Department of Commerce and Related Agencies
Appropriations Act, 1997.>> 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 available 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 authorized
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 and 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 demountable 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
[[Page 110 STAT. 3009-33]]
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 services 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 Administration 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
established 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 appropriated 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 Economic Development Administration: Provided
further, That, notwithstanding any other provision of law, the Secretary
of Commerce
[[Page 110 STAT. 3009-34]]
may provide financial assistance for projects to be located on military
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
regarding the title to land on military installations closed or
scheduled for closure or realignment.
salaries and expenses
For necessary expenses of administering the economic development
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 business 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 <<NOTE: 15 USC 1527a note.>> is
authorized to disseminate economic and statistical data products as
authorized by sections 1, 2, and 4 of Public Law 91-412 (15 U.S.C. 1525-
1527) and, notwithstanding 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 activities
shall be credited to this account, to be available for carrying out
these purposes without further appropriation.
[[Page 110 STAT. 3009-35]]
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 further, That <<NOTE: 47 USC 903 note.>>
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. Sec. Sec. 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:
[[Page 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 telecommunications research
activities for projects related directly to the development 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 construction of
telecommunications networks for the provision of educational, 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 Commission.
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 ``Working Capital
Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension Partnership
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, <<NOTE: 15 USC
278k note.>> That notwithstanding the time limitations imposed by 15
U.S.C. 278k(c) (1) and (5) on the duration of Federal financial
assistance that may be awarded by the Secretary of Commerce
[[Page 110 STAT. 3009-37]]
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 periods, 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 acquisition,
maintenance, operation, and hire of aircraft; <<NOTE: 33 USC 851.>> not
to exceed 299 commissioned officers on the active list as of September
30, 1997; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities pursuant to
cooperative 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 additional 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 regarding the continuation of a National Oceanic
and Atmospheric Administration commissioned corps.
[[Page 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
facilities 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 technology 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 modernization
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 Atlantic
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 authorized 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
[[Page 110 STAT. 3009-39]]
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, research, 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
appropriations 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
payments 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 activities that are
under the control of the United States Air Force or the United States
Air Force Reserve.
Sec. 204. None <<NOTE: 13 USC 23 note.>> 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
[[Page 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 Commerce, no
later than 90 days thereafter, shall submit to the Committees 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 Commerce 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
procedures 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 expenditure except in compliance with the
procedures set forth in that section.
Sec. 208. <<NOTE: 16 USC 1851 note.>> None of the funds
appropriated under this Act or any other Act henceforth may be used to
develop new fishery 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
[[Page 110 STAT. 3009-41]]
pay for the cost of administering such plans, amendments, or regulations
are expressly authorized under the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.). This restriction 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 mahogany) quohog individual
fishing quota programs. The term ``individual 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.).
Sec. 210. <<NOTE: 13 USC 11 note.>> 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 maintenance and operation of such services and projects as the
Director of the Census Bureau determines may be performed more
advantageously 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 hereafter 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
operating reserve as determined by the Director.
Sec. 211. <<NOTE: 16 USC 1801 note.>> (a) Effective 15 days after
the enactment of the Sustainable Fisheries Act, section 1 of the
Magnuson Fishery Conservation 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'.''
(b) <<NOTE: 16 USC 1801 note.>> Effective 15 days after the
enactment of the Sustainable 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''.
[[Page 110 STAT. 3009-42]]
TITLE <<NOTE: The Judiciary Appropriations Act, 1997.>> III--THE
JUDICIARY
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 by
law, $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 by law,
$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, magistrate 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 (including 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
[[Page 110 STAT. 3009-43]]
Appeals only after legislation is enacted to establish the Commission;
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 Childhood
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 available until
expended: Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the 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.
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 Public 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 execution 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
[[Page 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 equipment and
protective services for the United States Courts in courtrooms 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 guidelines 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 representation 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 Survivors'
Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,300,000, and to
the United States Court of Federal Claims Judges' Retirement Fund, as
authorized by 28 U.S.C. 178(l), $1,900,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions 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.
[[Page 110 STAT. 3009-45]]
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 appropriation,
except ``Courts of Appeals, District Courts, and other Judicial
Services, Defender Services'' and ``Courts of Appeals, District 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 expenditure 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(l) of title 28, United States Code, shall be
amended as follows: strike ``1997'', and insert in lieu thereof
``1998''.
Sec. 306. <<NOTE: 18 USC 3626 note.>> None of the funds available
to the Judiciary in 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''.
[[Page 110 STAT. 3009-46]]
TITLE <<NOTE: Department of State and Related Agencies Appropriations
Act, 1997.>> 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; <<NOTE: 8 USC 1351
note.>> $1,700,450,000: Provided, That notwithstanding section
140(a)(5), and the second sentence of section 140(a)(3), of the Foreign
Relations 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 <<NOTE: 22 USC 2695b.>> 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 International 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, surcharges, 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 percent
of the amounts made available in this Act in the appropriation accounts
``Diplomatic and Consular Programs'' and ``Salaries and
[[Page 110 STAT. 3009-47]]
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 shall 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)(2)(D)(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 Law 96-465), as
it relates to post <<NOTE: 5 USC app.>> inspections: Provided, That
notwithstanding any other provision of law, the merger of the Office of
Inspector General of the United States Information Agency with the
Office of Inspector General 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 accordance
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
[[Page 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 diplomatic
facilities and missions overseas, $24,825,000, to remain available 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 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.
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 Consular 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 necessary 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 payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $126,491,000.
[[Page 110 STAT. 3009-49]]
International Organizations and Confer <<NOTE: 22 USC 269a note.>> ences
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 be 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
Appropriations and International Relations of the House of
Representatives 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 borrowings: Provided further, That of the
funds appropriated in this paragraph, $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 December, 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 international 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 notwithstanding 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 organizations 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
[[Page 110 STAT. 3009-50]]
or restoration of international peace and security $352,400,000, of
which $50,000,000 is for payment of arrearages accumulated in 1995, and
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 Development, 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 Appropriations 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 vital national
interest that will be served, and the planned exit strategy; and (2) a
reprogramming of funds pursuant to section 605 of this Act is submitted,
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 American 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 manufacturers and suppliers.
International Commissions
For necessary <<NOTE: 22 USC 269a note.>> expenses, not otherwise
provided for, to meet obligations of the United States arising under
treaties, or specific 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 follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$15,490,000.
[[Page 110 STAT. 3009-51]]
construction
For detailed plan preparation and construction of authorized
projects, $6,463,000, 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)).
american sections, international commissions
For necessary expenses, not otherwise provided for the
International 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 International Joint Commission.
international fisheries commissions
For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $14,549,000: Provided,
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 Public 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 control and disarmament activities
For necessary expenses not otherwise provided, for arms control,
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 et 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,
[[Page 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 Control 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 Reorganization 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 Program Trust
Fund on or before September 30, 1997, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, 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 OMB Circulars A-110 (Uniform Administrative Requirements) and A-122
(Cost Principles for Non-
[[Page 110 STAT. 3009-53]]
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 Educational
Exchange Act of 1948, as amended, the United States International
Broadcasting Act of 1994, as amended, and Reorganization Plan No. 2 of
1977, to carry out international communication 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 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), 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
available 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 amended, 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
facilities for radio transmission and reception, and purchase and
installation 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)).
[[Page 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 Information Agency 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
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 expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. Funds hereafter appropriated <<NOTE: 22 USC 268c.>> or
otherwise made available under this Act or any other Act may be expended
for compensation of the United States Commissioner of the International
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 Arms Control and Disarmament Agency,
[[Page 110 STAT. 3009-55]]
and the Department of State may be obligated and expended
notwithstanding 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 expenditure 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 by--
(1) inserting before the period at the end of the first
sentence 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-differential
subsidies, as authorized by the Merchant Marine Act, 1936, as amended,
$148,430,000, to remain available until expended.
[[Page 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: Provided, 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 limitations 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 America's
Heritage Abroad, $206,000, as authorized by Public Law 99-83, section
1303.
[[Page 110 STAT. 3009-57]]
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 paragraph 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 Employment 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 Commission pursuant to
title VII of the Civil Rights Act of 1964, as amended, sections 6 and 14
of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991;
$239,740,000: Provided, That the Commission is authorized to make
available for official reception and representation 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 allowances therefor, as
authorized by 5 U.S.C. 5901-02; not to exceed $600,000 for land and
structure; not to exceed $500,000 for improvement and care of grounds
and repair to buildings; not to exceed
[[Page 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 September 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 passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses; $85,930,000:Provided, 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 notwithstanding any other provision
of law, not to exceed $58,905,000 of offsetting collections derived from
fees collected for premerger notification filings under the Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for 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
[[Page 110 STAT. 3009-59]]
authorized by section 151 of the Federal Deposit Insurance Corporation
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: Provided,
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 Process.--None
of the funds appropriated in this Act to the Legal Services Corporation
may be used to provide financial assistance to any person or entity
except through a competitive selection process conducted in accordance
with regulations promulgated by the Corporation in accordance with the
criteria set forth in subsections (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. 2996f(a)(9) and 42
U.S.C. 2996j) shall not apply.
Sec. 502. (a) Continuation of Requirements and Restrictions.--None
of the funds appropriated in this Act to the Legal Services Corporation
shall be 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
[[Page 110 STAT. 3009-60]]
date of enactment shall be deemed to refer to April 26,
1996; and
(C) subsection (a)(11) of such section 504 shall not
be construed to prohibit a recipient from using funds
derived from a source other than the Corporation to
provide related legal assistance to--
(i) an alien who has been battered or
subjected to extreme cruelty in the United States
by a spouse or a parent, or by a member of the
spouse's or parent's family residing in the same
household as the alien and the spouse or parent
consented or acquiesced to such battery or
cruelty; or
(ii) an alien whose child has been battered or
subjected to extreme cruelty in the United States
by a spouse or parent of the alien (without the
active participation of the alien in the battery
or extreme 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 battery or
cruelty, and the alien did not actively
participate 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
assistance 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 (l) of such section, shall apply during
fiscal year 1997.
(b) Requirement of Annual Audit.--An annual audit of each person
or entity receiving financial assistance from the Legal Services
Corporation under this Act shall be conducted during fiscal year 1997 in
accordance with the requirements referred to in subsection (a).
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal 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.
[[Page 110 STAT. 3009-61]]
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 Program:
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 representation 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 secretariat for the International
Organization of Securities Commissions, and of which not to exceed
$100,000 shall be available for expenses for consultations and meetings
hosted by the Commission with foreign governmental and other regulatory
officials, members of their delegations, appropriate representatives and
staff to exchange views concerning developments relating to securities
matters, 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) any other <<NOTE: 15
USC 77f note.>> related lodging or subsistance: Provided, That
immediately 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: Provided further,
That <<NOTE: 15 USC 78ee note.>> effective January 1, 1997, every
national 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) subject to prompt last
sale reporting pursuant to the rules of the Commission or a registered
national securities association, excluding any sales for which a fee is
paid under section 31 of the Securities Exchange Act of 1934 (15 U.S.C.
78ee), and such increase shall be deposited as an offsetting collection
to this appropriation, to remain available until expended, to recover
the costs to the Government of the supervision and regulation of
securities markets and securities 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
[[Page 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 appropriation 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
further, 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 development opportunities; and $500,000 shall be
available for a continuation 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
[[Page 110 STAT. 3009-63]]
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, That 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 transferred 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 Administration 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 Revolving
Fund'', authorized by the Small Business Investment Act, as amended,
$3,730,000, to remain available without fiscal year limitation as
authorized by 15 U.S.C. 631 note.
administrative provision--small business administration
Sec. 504. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration 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
authorized by the State Justice Institute Authorization Act of 1992
(Public Law 102-572 (106 Stat. 4515-4516)), $6,000,000, to remain
available until expended: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
[[Page 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, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing
Executive order issued pursuant to existing 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 activities; or (6) contracts out or
privatizes any functions, or activities presently performed by Federal
employees; unless the Appropriations 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 reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding for
any existing program, project, or activity, or numbers of 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 outside of the United
States.
[[Page 110 STAT. 3009-65]]
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 Labeling
Products as Made in America.--If it has been finally determined by a
court or Federal agency that any person intentionally affixed a label
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 debarment, 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 harassment based on religion,
when it is made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ in any
respect from the proposed guidelines published by 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 Vietnam 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 peacekeeping 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
[[Page 110 STAT. 3009-66]]
President has not submitted to the Congress such a recommendation.
Sec. 611. None of the funds made available in this Act shall be
used to provide the following amenities or 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 Conversion'' may be used to
implement sections 603, 604, and 605 of Public Law 102-567: Provided,
That NOAA may develop a modernization 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 expenditure 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 law 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
[[Page 110 STAT. 3009-67]]
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 MEDICAL 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 practice 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 direction 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
privileges, medical staff membership, employment or contractual
relationship, partnership or ownership interest, academic
appointment, or other affiliation under which a medical
practitioner provides the medical activity on behalf of, or in
association 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
composition 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
Commonwealth 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
[[Page 110 STAT. 3009-68]]
machine, manufacture, or composition of matter or the provision of
pharmacy or clinical laboratory services (other than clinical laboratory
services provided in a physician's office), where such activities are:
(A) directly related to the commercial development,
manufacture, sale, importation, or distribution of a machine,
manufacture, 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. <<NOTE: 46 USC app. 1273 note.>> 618. (a) In General.--The
Secretary may issue a guarantee or a commitment to guarantee obligations
under title XI of 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
internationally competitive commercial shipyard;
(2)(A) the closed shipyard has been designated by the
President 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
reactivation and modernization as its contribution to the
reactivation and modernization project, in addition to the funds
required by subsection (d)(2) 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 guarantee
obligations under this section that exceed $50,000,000 in the
aggregate.
[[Page 110 STAT. 3009-69]]
(2) The amount of appropriated funds required by the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a et seq.) in advance of
the Secretary's issuance of a guarantee or a commitment 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 Federal 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
merits of the specific closed shipyard reactivation
project which is the subject of that guarantee or
commitment to guarantee, 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.
[[Page 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 Assistance
Programs'' for emergency infrastructure expenses resulting from
Hurricane Fran and Hurricane Hortense and other natural disasters,
$25,000,000, to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
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
[[Page 110 STAT. 3009-71]]
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 Appropriations 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:
AN ACT
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 1997, and for other purposes
TITLE <<NOTE: Department of Defense Appropriations Act, 1997.3Post, p.
3009-119.>> I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, 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 (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, 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 (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, 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
[[Page 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 Military Retirement
Fund; $6,111,728,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force 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;
$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 undergoing 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 payments to the
Department of Defense Military Retirement Fund; $388,643,000.
[[Page 110 STAT. 3009-73]]
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 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 Air 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;
$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 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;
$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
[[Page 110 STAT. 3009-74]]
transfer from the National Defense Stockpile Transaction Fund: Provided,
That <<NOTE: 43 USC 1471g.>> during the current fiscal year and
hereafter, funds 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 conventional
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 payments 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 Department
of Defense (other than the military departments), as authorized 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 payments
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 transferring title of such facilities to the local education agency:
Provided
[[Page 110 STAT. 3009-75]]
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 equipment;
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 equipment;
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 transportation;
care of the dead; recruiting; procurement of services, supplies, 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, operation, 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 specifically 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.
[[Page 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, maintenance, 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 specifically
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 Operations
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 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: Provided further, That not more than twenty-five percent
of funds provided under this heading may be obligated for environmental
[[Page 110 STAT. 3009-77]]
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 available
until transferred: Provided, That the Secretary of the Navy 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 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 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, 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 available 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 environmental
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 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.
[[Page 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 available 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 available 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 facilitating
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 components, and weapon-
related technology and expertise; for programs relating to the training
and support of defense and military personnel for demilitarization and
protection of weapons, weapons components 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 barracks);
$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.
[[Page 110 STAT. 3009-79]]
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; 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; $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; 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; $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 ordnance,
spare parts, 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; $1,470,286,000, 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 $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
[[Page 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 industrial
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;
[[Page 110 STAT. 3009-81]]
$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 pursuant 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 Government 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.
[[Page 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 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; $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 handling
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 equipment layaway; and other
expenses necessary for the foregoing purposes 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 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; 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.
[[Page 110 STAT. 3009-83]]
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 electronic 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 contractor-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, 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 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
[[Page 110 STAT. 3009-84]]
assessment for their respective Reserve or National Guard component.
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.
[[Page 110 STAT. 3009-85]]
Developmental Test and Evaluation, Defense
For expenses, not otherwise provided for, of independent
activities 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 Evaluation
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
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 propellers); shipboard cranes; and spreaders for
shipboard cranes: Provided 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 domestic 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 purposes.
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
[[Page 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 antibacterial 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, development, 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 concerned
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
Department of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve components
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: Provided, 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 General
in carrying out the provisions of the Inspector General Act of 1978, as
amended; $139,157,000, of which $137,157,000 shall
[[Page 110 STAT. 3009-87]]
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 payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain proper funding level for continuing
the operation of the Central Intelligence Agency Retirement and
Disability System; $196,400,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account; $129,164,000: Provided, That of the funds appropriated 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 authorized by the
Congress.
Sec. <<NOTE: 10 USC 1584 note.>> 8002. During the current fiscal
year, provisions of law 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
[[Page 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 Department of Defense or
funds made available in this Act to the Department 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 priority
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.
[[Page 110 STAT. 3009-89]]
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 implement this section. Such
regulations shall include a limitation, similar 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 quantity 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 component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in this Act:
Provided further, 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 determine
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;
[[Page 110 STAT. 3009-90]]
M4 carbine rifles;
M240B machine guns; and
Arleigh Burke (DDG-51) class destroyers.
Sec. 8010. Within the funds appropriated <<NOTE: 10 USC 401
note.>> for the operation and maintenance of the Armed Forces, funds
are hereby appropriated 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: Provided, 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 documentation
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
[[Page 110 STAT. 3009-91]]
under section 3015(c) of title 38, United States Code, for any member of
the armed services who, on or after the date of enactment of this Act--
(1) enlists 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 further, 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 transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public
[[Page 110 STAT. 3009-92]]
Law 101-510; 10 U.S.C. 2301 note), as amended, under the authority 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 components of anchor and mooring chain shall be
considered to be produced 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
manufactured outside the United States: Provided further, That when
adequate 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 limitation 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 professional 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 <<NOTE: 10 USC 2687 note.>> any other
provision of law, during the current fiscal year, the Secretary of
Defense may, by Executive Agreement, establish with host nation
governments in NATO member states a separate account into which such
residual value amounts negotiated in the return of United States
military installations 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 military
forces in that host nation, or such real property maintenance
[[Page 110 STAT. 3009-93]]
and base operating costs that are currently executed through monetary
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 appropriations 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 contractors which have submitted
subcontracting plans pursuant to 15 U.S.C. 637(d), and according to
regulations which shall be promulgated 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 M11 9mm
Department of Defense standard handguns, or (2) offensive handguns
except for the Special Operations Forces:
[[Page 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 OMB
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
regulation, 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
[[Page 110 STAT. 3009-95]]
Reserve, if such action would reduce the WC-130 Weather Reconnaissance
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 subcontracting
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
nonprofit 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-Wagner-O'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 maintenance.
Sec. 8037. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
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 membership 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.
[[Page 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
payment 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:
Provided, That the total amounts appropriated 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 FFRDC's 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, program, 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
[[Page 110 STAT. 3009-97]]
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 Representatives and the Senate that adequate domestic 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 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 Representatives.
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 competition 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.
<<NOTE: 41 USC 10b-2.>> 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 paragraph (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
[[Page 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 <<NOTE: 10 USC 1175
note.>> hereafter, voluntary separation incentives payable under 10
U.S.C. 1175 may 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 Secretary 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
available 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 <<NOTE: 10 USC 221 note.>>
with each budget for 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
appropriation for that fiscal year for salaries and expenses related to
administrative activities of the Department of Defense, the military
departments, and the Defense Agencies.
[[Page 110 STAT. 3009-99]]
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.
Sec. <<NOTE: 10 USC 1268 note.>> 8050. During the current fiscal
year and hereafter, annual 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 available
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 Department 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.
Sec. <<NOTE: 10 USC 1293 note.>> 8053. During the current fiscal
year and hereafter, appropriations available for the pay and allowances
of active duty members 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 Operations
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 purchase 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 documentation
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 budgeted for in a proposed
fiscal year 1998 procurement appropriation and not in the supply
management business area or any other area or category of the 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 Department
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,
[[Page 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 appropriated for the
Reserve for Contingencies, which shall remain available 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 General 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 acquisition,
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 candidate 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
[[Page 110 STAT. 3009-101]]
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 contracting 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 Congress
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 services
entered into without competition on the basis of an unsolicited proposal
unless the head of the activity responsible for the procurement
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).
Sec. <<NOTE: 50 USC 1521 note.>> 8065. Notwithstanding section
142 of H.R. 3230, the 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 Munitions 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 manager who is not, nor
has been, in direct or immediate control of the baseline reverse
assembly incineration demilitarization program 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
[[Page 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 environmental 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 <<NOTE: 50 USC 1521 note.>> National 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 incineration 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 transportation of stockpile assembled unitary chemical
weapons or neutralized 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,
Development, 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 Secretary 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, industrial or other purposes.
Sec. 8069. Notwithstanding any other provision <<NOTE: 10 USC note
prec. 2161.>> of law, for resident classes entering the war colleges
after September 30, 1997, 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 department
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.
[[Page 110 STAT. 3009-103]]
(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 compensation 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) technicians 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 reduction 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 specifically
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 Governor 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 reimbursement of pay,
allowances and other expenses which would otherwise be incurred against
appropriations for the National Guard and
[[Page 110 STAT. 3009-104]]
Reserve when members of the National Guard and Reserve provide
intelligence 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 facilities
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 reductions 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 certifies 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 <<NOTE: 10 USC 374
note.>> available to the Department 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 <<NOTE: 50 USC 403f
note.>> Intelligence Agency for any fiscal year for drug interdiction
and counter-drug activities may be transferred to any other department
or agency of the United States except as specifically provided in an
appropriations law.
(transfer of funds)
Sec. 8081. Appropriations available in this Act under the heading
``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: Provided, 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 Appropriations of the House of
Representatives and the Senate, that adequate domestic supplies are not
available to meet Department of Defense
[[Page 110 STAT. 3009-105]]
requirements on a timely basis and that such an acquisition must be made
in order to acquire capability for national security purposes.
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 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 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 appropriated 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
[[Page 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 requirements 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 Representatives 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 Security 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 expenditures
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 committees, 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-enforcement,
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
[[Page 110 STAT. 3009-107]]
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 Chapter
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 Secretary 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 Services 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 program: 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 paying 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 voluntary 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 Johnston Atoll for
the purpose of storing or demilitarizing such munitions 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
[[Page 110 STAT. 3009-108]]
expended to finance housing for any 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 <<NOTE: 18 USC 3056 note.>> in fiscal year
1997 and thereafter, and notwithstanding any other provision of law,
fixed and mobile telecommunications support shall be provided by the
White House Communications Agency (WHCA) to the United States Secret
Service (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 White House Security Complex includes
the White House, the White House grounds, the Old Executive Office
Building, the New Executive Office Building, the Blair House, the
Treasury Building, and the Vice President'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 balance, 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--
[[Page 110 STAT. 3009-109]]
(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
appropriation 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 further, 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 craft, 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'':
[[Page 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,
1991/2001'':
DDG-51 destroyer program, $12,687,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1991/2001'':
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;
[[Page 110 STAT. 3009-111]]
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 delivery, 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.
Sec. 8106. <<NOTE: 10 USC 113 note.>> (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 purpose of
avoiding the applicability of such section to that disbursement.
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 appropriated funds above the
President's budget request for that specific activity for fiscal year
1997.
Sec. 8109. <<NOTE: 10 USC 2241 note.>> In applying section 9005
of the Department of 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
covered by that section 9005.
Sec. 8110. Notwithstanding any other provision of law, including
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 system (GBTS), 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-
[[Page 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 tradeoffs
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 members 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 funds 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 Secretary 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 tactical 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 recommendations 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
[[Page 110 STAT. 3009-113]]
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 combinations 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-L-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 regarding submission
of an annual report to the Secretary of Labor concerning employment 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
[[Page 110 STAT. 3009-114]]
failure to comply with these annual reporting requirements (including
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 necessary to
improve compliance with section 4212(d) of title 38, United
States Code.
Sec. 8119. Funds appropriated in title II of this Act for
supervision 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 Government 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 Department 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 available 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; Procurement of Ammunition,
Navy and Marine Corps; Shipbuilding and Conversion, Navy; Other
Procurement, Navy; and Research, Development, Test and Evaluation, Navy.
These reductions shall be applied on a pro-rata basis to each line item,
program element,
[[Page 110 STAT. 3009-115]]
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 available 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 conditions
in connection with the lease as the Secretary considers appropriate 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,
[[Page 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 submitted
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 Secretary
of Defense shall submit to the congressional defense committees 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-operated
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
facilities 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 weapons 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.
Sec. 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
[[Page 110 STAT. 3009-117]]
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 Authorization 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
Authorization Act for Fiscal Year <<NOTE: 10 USC 1073 note.>> 1997 is
amended--
(1) by striking out paragraph (2);
(2) by striking out ``(1)''; and
(3) by redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively.
(b) <<NOTE: 10 USC 1073 note.>> The amendments made by subsection
(a) shall take effect as of the date of the enactment of the National
Defense Authorization 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, pursuant to a determination under section
2690 of title 10, United States Code, may implement cost-effective
agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern 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,
[[Page 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 Authorization
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 Authorization 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 following
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
[[Page 110 STAT. 3009-119]]
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended; Provided further, That funds appropriated 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 program, project or activity within
each appropriations account.
Titles I <<NOTE: Short title.>> through VIII of this Act may be
cited as the ``Department of Defense Appropriations Act, 1997''.
TITLE IX--FISCAL YEAR 1996 SUPPLEMENTAL APPROPRIATIONS 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:
[[Page 110 STAT. 3009-120]]
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, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $67,400,000, to remain available until September 30, 1997:
Provided, That such amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(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: 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.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$13,600,000, to remain available until September 30, 1998: 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.
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;
[[Page 110 STAT. 3009-121]]
``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
Operations, 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 the fiscal year ending September 30, 1997, and for
other purposes.
TITLE <<NOTE: Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997.3Post, p. 3009-172.>> 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 Government 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 commitments 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 Weapons eligible to receive economic or
military assistance under this Act that has detonated a nuclear
explosive after the date of enactment 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 disbursement 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
appropriated by this paragraph may be used for tied-aid credits or
grants except through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds appropriated
by this paragraph are made available notwithstanding section
[[Page 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 guaranteed
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 President of the Export-Import
Bank Provided further, That, <<NOTE: 12 USC 635a note.>> notwithstanding
subsection (b) of section 117 of the Export Enhancement 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 programs (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 settlements, 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
[[Page 110 STAT. 3009-123]]
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 addition, 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
Corporation 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 reimbursements 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 available 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 administrative 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 prevention, 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
[[Page 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 chapter 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 determined by the President of the
United States, supports or participates 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 planning 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
[[Page 110 STAT. 3009-125]]
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 ``International 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
children 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 activities 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, supporting the provision of medical
supplies and other humanitarian assistance 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 newspapers, publications, and other media
activities promoting democracy 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.
[[Page 110 STAT. 3009-126]]
private and voluntary organizations
None of the funds <<NOTE: 22 USC 2151u note.>> appropriated or
otherwise made available by this Act for development assistance may be
made available 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 contributions 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 appropriated or
otherwise made available for programs within the International 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 Appropriations.
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
[[Page 110 STAT. 3009-127]]
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 administrative 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 International 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 International 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 Administrator 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.
[[Page 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: Provided 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 participation 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 Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment 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
appropriations Acts that are or have been made available for an
Enterprise 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 appropriation by the Congress.
Funds made available for Enterprise Funds
[[Page 110 STAT. 3009-129]]
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 authorities 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 available
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 program)--
(1) the Administrator of the Agency for International
Development shall provide written approval for grants and loans
prior to the obligation and expenditure of funds for such
purposes, 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 FREEDOM
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 Government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, negotiating repayment of
commercial debt, respect for commercial contracts, and equitable
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.
[[Page 110 STAT. 3009-130]]
(d) None of <<NOTE: 22 USC 5814 note.>> the funds appropriated
under this heading shall be made available to any government of the new
independent 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 humanitarian, 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 Appropriations.
(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 provided 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 enterprise, 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 making
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 development, 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
[[Page 110 STAT. 3009-131]]
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 agricultural projects, including
those undertaken through the Food Systems Restructuring Program, which
leverage private sector resources with United States Government
assistance: Provided further, That $5,000,000 shall be available for a
small business incubator project: Provided further, That $5,000,000
shall be made available 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
management institute to identify nuclear contamination at Chornobyl:
Provided 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, attorneys, and law
students, and education of the public designed to promote understanding
of a law-based economy.
(l) 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
appropriations Acts that are or have been made available for an
Enterprise 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 payment 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 arrangements 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.
[[Page 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 contribution 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
transferred to the Overseas Private Investment Corporation to be
available, 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 Government of
Ukraine is engaged in military cooperation with the Government 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.
[[Page 110 STAT. 3009-133]]
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 providing 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 provide, as authorized by law, a contribution to
the International Committee of the Red Cross, assistance to refugees,
including contributions to the International Organization 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 authorized 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 amended (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
[[Page 110 STAT. 3009-134]]
of 1962 which would limit 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, section 23 of the Arms
Export Control Act for demining activities, notwithstanding any other
provision of law, including activities implemented through
nongovernmental and international organizations, 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: Provided, That of this amount not to exceed $15,000,000, to
remain available until expended, may be made available for the
Nonproliferation 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 international
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 appropriated under this heading may be made
available for the International Atomic Energy Agency only if the
Secretary of State determines (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 Organization
(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 Congress 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 Framework 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-moderated 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
[[Page 110 STAT. 3009-135]]
permitted under the preceding proviso: Provided further, That before
obligating 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 further, That
the obligation of such funds shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
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) providing 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 education 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
this 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
[[Page 110 STAT. 3009-136]]
defense services, including research and development: Provided further,
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 Partnership 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 available 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 following: $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,
notwithstanding 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
[[Page 110 STAT. 3009-137]]
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 procedures 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
appropriated under this heading shall be expended at the minimum rate
necessary to make timely payment 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 necessary 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: Provided 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, including 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.
[[Page 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 payment 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 asian 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 amended (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
[[Page 110 STAT. 3009-139]]
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 Development 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
Committees 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 Organization
(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.
[[Page 110 STAT. 3009-140]]
prohibition of bilateral funding for international financial
institutions
Sec. 502. None of the funds 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 representation
allowances for 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: Provided 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 allowances: 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: Provided 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
Development Agency'', not to exceed $2,000 shall be available for
representation 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.
[[Page 110 STAT. 3009-141]]
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
Sec. 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: Provided, That
assistance may be resumed to such country if the President determines
and reports to the Committees on Appropriations that subsequent to the
termination of assistance a democratically 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.
deobligation/reobligation authority
Sec. 510. (a) Amounts certified pursuant to section 1311 of the
Supplemental Appropriations Act, 1955, as having been obligated 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
[[Page 110 STAT. 3009-142]]
current fiscal year unless expressly so provided in this Act: Provided,
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, notwithstanding 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 payments or economic policy reform objectives, shall remain
available until expended: Provided further, That the report required by
section 653(a) of the Foreign Assistance Act of 1961 shall designate for
each country, to the extent known at the time of submission 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 production 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, publication,
conference, or training in connection with the growth or production in a
foreign country of an agricultural commodity for
[[Page 110 STAT. 3009-143]]
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
developing 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
American producers.
surplus commodities
Sec. 514. The Secretary of the Treasury <<NOTE: 22 USC 262h
note.>> shall instruct the United States Executive Directors of the
International Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment Corporation, 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 institutions, 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 Development
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
education and training'', ``Inter-American Foundation'', ``African
Development Foundation'', ``Peace Corps'', ``Migration and refugee
assistance'', 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
Appropriations 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 appropriated for
the purposes of section 23 of the Arms Export Control Act for the
provision of major defense equipment, other than conventional
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
[[Page 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 Assistance 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: Provided 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
requirement was applicable, in the context of the circumstances
necessitating 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 proportionate 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 notification procedures of the Committees
on Appropriations, funds appropriated under this Act or any previously
enacted Act making appropriations for foreign operations, export
financing, and related programs, 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
[[Page 110 STAT. 3009-145]]
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 planning 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 involuntary 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 negative impact on the
proper functioning of the population planning program, funds for
population planning activities and other population assistance referred
to in subsection (a) may be made available beginning March 1, 1997,
notwithstanding the July 1, 1997, limitation 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,
[[Page 110 STAT. 3009-146]]
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of
resolutions described by paragraph (2) of this
subsection; and it supersedes 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 limitation on obligations imposed by section 518A(a) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations 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
President 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
minority 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 resolution once
introduced in the House with respect to a Presidential finding
under this section shall be referred to 1 or more committees
(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 shall be referred to the appropriate
committee (and all resolutions with respect to the same
Presidential 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
[[Page 110 STAT. 3009-147]]
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 resolution
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
consideration 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
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.
(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.
[[Page 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 Guatemala),
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 earmarks,
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 individuals) 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 available for child survival activities or activities relating
to research on, and the treatment and control of, acquired immune
deficiency syndrome may be made available notwithstanding any provision
of law that restricts assistance to foreign countries: Provided further,
That funds appropriated by this Act that are made available for family
planning activities may be made available notwithstanding section 512 of
this Act and section 620(q) of the Foreign Assistance 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.
[[Page 110 STAT. 3009-149]]
reciprocal leasing
Sec. 524. Section 61(a) of the Arms <<NOTE: 22 USC 2796.>> 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 accordance 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
Sec. 528. <<NOTE: 22 USC 2763 note.>> Notwithstanding any other
provision of law, and 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
[[Page 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 contracts, 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 Appropriations 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 nongovernmental
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 <<NOTE: 22 USC 2359 note.>> for
Local Currencies.--(1) If assistance is furnished to the government of a
foreign country 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 Administrator
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
currencies 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--
[[Page 110 STAT. 3009-151]]
(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 International
Development shall take all necessary steps to ensure that the equivalent
of the local currencies disbursed pursuant to subsection (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 subsection
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 assistance 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 Resolution 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 procedures of the
Committees on Appropriations, which shall include a detailed description
of how the funds proposed to be made available 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).
[[Page 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 compensation 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
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
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 <<NOTE: 50 USC 1701
note.>> of the funds appropriated or otherwise made available pursuant
to this Act to carry 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 economic 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.
[[Page 110 STAT. 3009-153]]
competitive pricing for sales of defense articles
Sec. 533A. Direct costs associated with meeting <<NOTE: 22 USC
2762 note.>> a foreign customer's additional or unique requirements
will continue to be allowable 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 President
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 Government 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, services,
and training drawn down under this section.
mediterranean excess defense articles
Sec. 535. <<NOTE: 22 USC 2321j note.>> For the four-year period
beginning on October 1, 1996, the President shall ensure that excess
defense articles will be made available under section 516 and 519 of the
Foreign Assistance 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 573(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 thereto, 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.
[[Page 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 Development Foundation
Act. The appropriate agency shall promptly report to the Committees on
Appropriations whenever it is conducting 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
currently 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
President 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 reimbursement, 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 $100,000,000 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
[[Page 110 STAT. 3009-155]]
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 applicable appropriation,
fund, or account for defense articles provided under this section.
restrictions on the termination of sanctions against serbia and
montenegro
Sec. 540. (a) Restrictions.--Notwithstanding <<NOTE: 50 USC 1701
note.>> any other provision of law, no sanction, prohibition, or
requirement described in section 1511 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160), with
respect to Serbia or Montenegro, may cease to be effective, unless--
(1) the President first submits to the Congress a
certification 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 application 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, humanitarian 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 Cambodia 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
further, 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
strategically, 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
[[Page 110 STAT. 3009-156]]
Cambodia by the Khmer Rouge: Provided further, That the Secretary of
State shall submit a report to the Committees on Appropriations 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 appropriate, 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 Assistance
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
secondary and tertiary boycott of American firms that have
commercial 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.
[[Page 110 STAT. 3009-157]]
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 participants 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 Assistance 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
President shall notify the Committees on Appropriations under the
regular notification procedures of those committees, including a
description 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
sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 1997, restrictions
contained 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: Provided,
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.
[[Page 110 STAT. 3009-158]]
earmarks
Sec. 544A. (a) Funds appropriated by this Act which are earmarked
may be reprogrammed for other programs within the same account
notwithstanding the earmark if compliance with the earmark 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 determines that the recipient for which funds
are earmarked has significantly 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
President shall consult with, and shall provide a written policy
justification to the Committees on Appropriations: Provided, That any
such reprogramming shall be subject to the regular notification
procedures 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 earmarked 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, including
commodities, products, and services.
[[Page 110 STAT. 3009-159]]
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, pursuant 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 document,
file, or record necessary to the auditing requirements of the Agency for
International Development.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 551. (a) None of the funds appropriated or otherwise made
available by this Act may be available to any foreign government 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
[[Page 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
``appropriate 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 Facilitation Act of 1995
(title VI of Public Law 104-107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign 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 appropriated 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, programs and activities
for which the funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically 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
contribute 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 Assistance Act of
1961, as amended, of up to $25,000,000 of commodities and services for
the United Nations War Crimes Tribunal established 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: Provided, 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 <<NOTE: 22 USC 2656 note.>> of enactment of this Act, and every
180 days thereafter, the Secretary of State shall submit a report to the
Committees on Appropriations describing the steps the United States
Government is taking to collect information regarding allegations of
genocide or other violations
[[Page 110 STAT. 3009-161]]
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: Provided, 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 beginning 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 Government for the purpose
of conducting official United States Government 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 locations 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 program'' 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
substantially 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:
[[Page 110 STAT. 3009-162]]
``Sec. 620I. <<NOTE: 22 USC 2378-1.>> Prohibition on Assistance to
Countries That 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
humanitarian 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 determination,
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 available 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 Treasury.
[[Page 110 STAT. 3009-163]]
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 eligible 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
exercised 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
exercised 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
exercised 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
expenditures;
(2) has not repeatedly provided support for acts of
international 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
internationally 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 subsection
(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 notwithstanding
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
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President 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 payment from an
[[Page 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 development, 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
administering part I of the Foreign Assistance Act of 1961 of
purchasers 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, reduction,
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 satisfactory
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 subsection
(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 available for
assistance for Liberia notwithstanding section 620(q) of the Foreign
Assistance Act of 1961 and section 512 of this Act.
[[Page 110 STAT. 3009-165]]
guatemala
Sec. 567. (a) Funds provided in this Act may be made available for
the Guatemalan military forces, and the restrictions on Guatemala 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 agreement.
(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 authorized
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 international
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 subsection
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
Tribunal for the former Yugoslavia, the International Criminal
Tribunal 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
military 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--
[[Page 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 appropriate
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
assistance 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 committees 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 authorized 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 political 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 countries 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
[[Page 110 STAT. 3009-167]]
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 International 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
Development, the International Development Association, the
International Finance Corporation, the Multilateral Investment
Guarantee Agency, the Asian Development Bank, and the
International 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
supervision 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
participation 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
Sec. 571. <<NOTE: 22 USC 5731 note.>> In light of the
deficiencies in reports submitted to the Congress pursuant to section
301 of the United States-Hong Kong Policy 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
Declaration;
[[Page 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 implications 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 Committees
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 <<NOTE: 22 USC 262k-
1.>> three years after the date of the enactment of this Act, the
Secretary of the Treasury shall instruct the United States Executive
Director of each international financial 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--
[[Page 110 STAT. 3009-169]]
(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
``international financial institution'' shall include the institutions
identified in section 532(b) of this Act.
guarantees
Sec. 577. Section 251(b)(2)(G) of the Balanced Budget and
Emergency Deficit Control Act of <<NOTE: 2 USC 901.>> 1985 is amended
by striking ``fiscal year 1994 and 1995'' and inserting in lieu thereof
``fiscal years 1994, 1995, and 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
Government 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 terrorism 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
transmittal 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 classified
form.''.
[[Page 110 STAT. 3009-170]]
female genital mutilation
Sec. 579. <<NOTE: 22 USC 262k-2.>> (a) Limitation.--Beginning 1
year after the date of the enactment of this Act, the Secretary of the
Treasury shall instruct the United States Executive Director of each
international financial 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--
(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
``international financial institution'' shall include the institutions
identified 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. <<NOTE: 22 USC
2414a note.>> --In addition to the voting practices of a foreign
country, the report required 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), shall include a side-by-side comparison of
individual countries' overall support for the United States at the
United Nations and the amount of United States assistance provided to
such country 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 Congress 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
[[Page 110 STAT. 3009-171]]
(2) a corporation, partnership, or other legal entity
organized under the United States or any State, territory,
possession, 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 civilian-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 reeducation camp
internees resettled under the orderly departure 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
Sec. 585. <<NOTE: 22 USC 2656 note.>> Ninety days after the date
of enactment of this 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
Appropriations 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,
technology or personnel between the DPRK and any other nation
[[Page 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, supervising, or managing international
narcotics cartels or other similar entities and the
accomplices of such individuals, individuals responsible
for, or otherwise involved in, corruption, and
individuals involved in money-laundering;
(B) is pursuing international anti-drug trafficking
initiatives;
(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
implementation 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 <<NOTE: 28 USC
1605 note.>> foreign state designated as a state sponsor of terrorism
designated under section 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 representative 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 damages,
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 <<NOTE: Short title.>> cited
as the ``Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997''.
[[Page 110 STAT. 3009-173]]
TITLE VI--NATO ENLARGEMENT <<NOTE: NATO Enlargement Facilitation Act of
1996. 22 USC 1928 note.>> FACILITATION ACT OF 1996
SEC. 601. SHORT TITLE.
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
security, freedom, and prosperity of the United States and its
partners 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
democracies 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 program an
important forum to foster cooperation between NATO and those
countries seeking NATO membership.
(6) NATO has enlarged its membership on 3 different
occasions since 1949.
(7) Congress supports the admission of qualified new members
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
[[Page 110 STAT. 3009-174]]
available the resources necessary to supplement efforts
prospective 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
Peacekeeping 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
membership, and accordingly should receive appropriate support
from the United States.
(13) NATO remains the only multilateral security
organization 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 obligations 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
[[Page 110 STAT. 3009-175]]
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 United 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 forward 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 consensus
agreement of the governments of all 16 NATO members and
ratification in accordance with their constitutional procedures.
(25) Some NATO members, such as Spain and Norway, do not
allow the deployment of nuclear weapons on their territory
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
[[Page 110 STAT. 3009-176]]
and responsibilities of NATO membership, including the
obligation 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 ENLARGEMENT OF NATO.
It is the sense of the Congress that in order to promote economic
stability and security in Slovakia, Estonia, Latvia, Lithuania, Romania,
Bulgaria, Albania, Moldova, and Ukraine--
(1) the United States should continue and expand its support
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 limited
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 LITHUANIA.
In view of the forcible incorporation of Estonia, Latvia,
Lithuania 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
disadvantaged in seeking to join NATO by virtue of their
forcible incorporation into the Soviet Union.
SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT
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.
[[Page 110 STAT. 3009-177]]
(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 established 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 ENLARGEMENT
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
assistance 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
assistance 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 appropriated
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
appropriations acts for such purposes, funds described in subsection (b)
are authorized to be made available to support the implementation 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--
[[Page 110 STAT. 3009-178]]
(1) during any fiscal year under the NATO Participation Act
of 1994 with respect to countries eligible 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 peacekeeping initiatives
involving emerging democracies in Central and Eastern 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 modernize
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 pursuant
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 procedures
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 communist domination''
each place it appears and inserting ``emerging democracies in Central
and Eastern Europe''.
[[Page 110 STAT. 3009-179]]
TITLE VII--MIDDLE <<NOTE: Bank for Economic Cooperation and Development
in the Middle East and North Africa Act. 22 USC 290o note 22 USC
290o.>> 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 Development 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. <<NOTE: 22 USC 290o-1.>> 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 Development, appointed
pursuant to section 3 of the Bretton Woods Agreements Act, shall serve
ex-officio as a Governor and the alternate for the Governor,
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. <<NOTE: 22 USC 290o-2.>> 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.
SEC. 705. <<NOTE: 22 USC 290o-3.>> 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
Governors of the Federal Reserve System shall exercise general
supervision over the carrying out of these functions.
SEC. 706. <<NOTE: 22 USC 290o-4.>> SUBSCRIPTION OF STOCK.
(a) Subscription Authority.--
(1) In general.--The Secretary of the Treasury may subscribe
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 Stock.--
(1) Paid-in capital stock.--
[[Page 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 distribution of net
income shall be covered into the Treasury as a miscellaneous receipt.
SEC. 707. JURISDICTION AND VENUE OF CIVIL <<NOTE: 22 USC 290o-5.>>
ACTIONS BY OR 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 <<NOTE: 22 USC 290o-6.>> AGREEMENT.
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 Agreement.
SEC. 709. EXEMPTION FROM SECURITIES LAWS <<NOTE: 22 USC 290o-7.>> FOR
CERTAIN SECURITIES 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, shall 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 special character of the Bank and its
operations and necessary in the public interest or for the protection 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 provisions of subsection (a)
at any time as to any or all securities issued or guaranteed by the Bank
during the period of such suspension. 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.
[[Page 110 STAT. 3009-181]]
SEC. 710. TECHNICAL AMENDMENTS.
(a) Annual Report Required on Participation of the United States
in the Bank.--Section 1701(c)(2) of the International 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 Development 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, provided as
follows, to be effective as if it had been enacted into law as the
regular appropriations Act:
AN ACT <<NOTE: Department of the Interior and Related Agencies
Appropriations Act, 1997.>>
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,
development, 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 jurisdiction 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.
460l-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 Administration 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
[[Page 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 communication 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, <<NOTE: 43 USC 1734a.>> all fees, excluding mining
claim fees, in excess of the fiscal year 1996 collections established by
the Secretary of the Interior under the authority 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 specific 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 distribution, 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 appropriation 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.
[[Page 110 STAT. 3009-183]]
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 development
of resources and for construction, operation, and maintenance 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 adjacent 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 processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies
[[Page 110 STAT. 3009-184]]
of official public land documents, for monitoring construction,
operation, 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: Provided, That
notwithstanding any provision to the contrary of <<NOTE: 43 USC 1735
note.>> section 305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any
moneys that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement, if not
appropriate 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 authority of
this Act by the Secretary to improve, protect, or rehabilitate any
public lands administered through the Bureau of Land Management which
have been damaged by the action of a resource developer, 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 existing
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 administrative 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 administered 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 cooperators 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''.
[[Page 110 STAT. 3009-185]]
United States Fish and Wildlife Service
resource management
For expenses necessary for scientific and economic studies,
conservation, management, investigations, protection, and utilization 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-horned 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 maintenance 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 southern California
for planning associated with the Natural Communities Conservation
Planning (NCCP) program and shall remain available until expended:
Provided, That hereafter, <<NOTE: 16 USC 742b note.>> pursuant to 31
U.S.C. 9701, the Secretary shall charge reasonable fees for the full
costs of providing training by the National Education and 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 damage 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 Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-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, <<NOTE: 16 USC 668dd
note.>> $44,479,000, of which $3,000,000 is authorized to be
appropriated and shall be used to establish the Clarks River National
Wildlife
[[Page 110 STAT. 3009-186]]
Refuge in Kentucky, to be derived from the Land and Water Conservation
Fund, to remain available until expended.
cooperative endangered species conservation fund
For expenses necessary to carry out the provisions of the Endangered
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 African
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-type use); not to exceed $400,000 for payment, at the
discretion of the Secretary, for information, rewards, or evidence
concerning violations of laws administered by the Service, 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, buildings, and other facilities under the
jurisdiction of the Service and
[[Page 110 STAT. 3009-187]]
to which the United States has title, and which are utilized pursuant 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 services from cooperators in
connection with jointly-produced publications 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 aircraft: Provided further, That
notwithstanding 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. 460l-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 administration
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 Everglades 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 Public Law
100-203.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
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.
[[Page 110 STAT. 3009-188]]
historic preservation fund
For expenses necessary in carrying out the Historic Preservation 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 physical
facilities including the 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 <<NOTE: 16 USC 460l-10a note.>> authority provided for
fiscal year 1997 by 16 U.S.C. 460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-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
[[Page 110 STAT. 3009-189]]
southern end of Ellis Island until such agreement has been
submitted 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 circumstances 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.
The National Park <<NOTE: 16 USC 1g.>> Service may in fiscal year
1997 and thereafter 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 carrying out
National Park Service programs pursuant to 31 U.S.C. 6305 to carry out
public purposes of National Park Service programs.
Notwithstanding any other provision of law, remaining balances,
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 topography,
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 supervision to power permittees and
Federal Energy Regulatory Commission licensees; administer the minerals
exploration program (30 U.S.C. 641); and publish and disseminate data
relative to the foregoing activities; and to conduct inquiries into the
economic conditions affecting mining and materials processing industries
(30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) 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 investigations; 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 the property owner: Provided further,
That <<NOTE: 43 USC 31j.>> beginning in fiscal year 1998 and once every
five years thereafter, the National Academy
[[Page 110 STAT. 3009-190]]
of Sciences shall review and report on the biological research
activity <<NOTE: 43 USC 50.>> of the Survey: Provided further, That no
part of this appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data collection and
investigations carried on in cooperation with States and municipalities.
administrative provisions
The amount appropriated for the United States Geological Survey
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 Committee 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 operating
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 Information 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 payment 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 provision 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.
[[Page 110 STAT. 3009-191]]
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 Surface
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
after <<NOTE: 30 USC 1211 note.>> August 3, 1977, to remain available
until expended: Provided further, That appropriations for the Office of
Surface Mining Reclamation 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 abandoned 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 authorized by
section 410 of Public Law 95-87, as amended, of which no more than 25
per centum shall be used for emergency reclamation 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
[[Page 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 further, 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 percent 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 IV
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, contracts,
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 jurisdiction of the Bureau, including payment of
irrigation assessments and charges; acquisition of water rights;
advances for Indian industrial 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
reservation 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 payments 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 contracts, 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 programs 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
[[Page 110 STAT. 3009-193]]
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 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, 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: Provided further, That to provide funding
uniformity within a Self-Governance Compact, any funds provided in this
Act with availability 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 provision 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 otherwise
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 payment levels for general
assistance shall be met exclusively 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 provision 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 of October 1, 1995: Provided
further, That <<NOTE: 25 USC 2012 note.>> in fiscal year 1997 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
[[Page 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 reduction 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 Personnel
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 shall not be effected retroactively.
construction
For construction, major repair, and improvement of irrigation and
power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming, 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 subject 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
[[Page 110 STAT. 3009-195]]
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 settlements
pursuant to Public 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 Settlement, 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
[[Page 110 STAT. 3009-196]]
research; grants to the judiciary in American Samoa for compensation 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 functions; grants to the
Government of the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the Government
of the Northern Mariana Islands as authorized by law (Public Law 94-241;
90 Stat. 272); and (2) $3,849,000 shall be available for salaries and
expenses of the Office of Insular Affairs: Provided, That all <<NOTE: 48
USC 1469b.>> financial transactions of the 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 accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according 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 amended, is <<NOTE: 48 USC 1801 note.>> hereby amended
by striking ``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 program of
operations and maintenance 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 maintenance needs, improved
capability of local operations and maintenance institutions and agencies
(including management and vocational 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 Federated
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 assistance and necessary expenses for
the Republic of Palau as provided for in sections 122, 221, 223, 232,
and 233 of the Compact of Free Association, $23,538,000, to remain
available until expended, as authorized by Public Law 99-239 and Public
Law 99-658.
[[Page 110 STAT. 3009-197]]
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 payments and
unemployment compensation payments associated with the orderly closure
of the United States Bureau of Mines
---------------------------------------------------------------------------
\1\ Remainder of figure missing, complete figure probably
should read ``$58,286,000''.
---------------------------------------------------------------------------
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 and expenses
For necessary expenses of the National Indian Gaming Commission,
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 expenditure,
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 notwithstanding 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
[[Page 110 STAT. 3009-198]]
has been a loss: Provided further, That unobligated balances previously
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 (Public 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 Department 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 appropriation.
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: Provided further, That no programs
funded with appropriated funds in ``Departmental Management'', ``Office
of the Solicitor'', and ``Office 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
facilities 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 available
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,
[[Page 110 STAT. 3009-199]]
or other unavoidable causes; for contingency planning subsequent to
actual oilspills; response and natural resource damage assessment
activities related to actual oilspills; for the prevention, suppression,
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 section 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 assumption 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 suppression purposes shall be available for the payment 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 currently available at the time of receipt thereof:
Provided further, That for emergency rehabilitation and wildfire
suppression activities, 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
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: 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 authorized 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
[[Page 110 STAT. 3009-200]]
rentals for periods not in excess of twelve months beginning at any 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
calendar month more than \1/12\ 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 shall
transfer such funds as the Trust deems necessary to initiate leasing and
other authorized activities of the Trust: Provided further, That this
section shall expire on December 31, 1996.
Sec. 108. No final rule or regulation of any agency of the Federal
Government 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 lands
within the North Aleutian 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 Program, 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 Atlantic 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 <<NOTE: 31 USC 501
note.>> Treasury a franchise fund pilot, as authorized by section 403 of
Public Law 103-356, to be available as provided in such section for
costs of capitalizing and operating administrative 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 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 advance from funds available to
the Department and other Federal 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 and
equipment, amortization of automatic data processing (ADP) software and
systems (either acquired or donated) and an amount necessary to maintain
a reasonable operating reserve, as determined by the Secretary: Provided
further, That
[[Page 110 STAT. 3009-201]]
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 financial management, ADP, and other
support systems: Provided further, 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 following new
section:
``SEC. 10. WASHINGTON STATE REMOVAL OPTION.
``(a) Upon appropriation of $29,500,000 for the Federal government
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 anadromous fisheries, for protection of the
existing quality and availability of water from the Elwha River for
municipal and industrial uses from possible adverse impacts of dam
removal, and for fulfillment 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
Washington, 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 relinquishment 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.''.
[[Page 110 STAT. 3009-202]]
Sec. 118. <<NOTE: 25 USC 305a-1.>> In fiscal year 1997 and
thereafter, the Indian Arts 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 Management
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 Mountain,
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
Management, shall transfer to the State of Nevada,
without consideration, 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.
Sec. 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 paragraph (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 \1/2\ Sec. 6, T. 13 S., R. 71 E., Mount
Diablo Meridian; Sec. 5, T. 13 S., R. 71 E., Mount Diablo
Meridian; West \1/2\ Sec. 4, T. 13 S., R. 71 E, Mount Diablo
Meridian; East \1/2\, West \1/2\ Sec. 4, T. 13 S., R. 71 E.,
Mount Diablo Meridian.
[[Page 110 STAT. 3009-203]]
``Parcel B--North \1/2\ Sec. 7, T. 13 S., R. 71 E., Mount
Diablo Meridian; South East \1/4\ Sec. 12, T. 13 S., R. 70 E.,
Mount Diablo Meridian; East \1/2\, North East \1/4\ Sec. 12, T.
13 S., R. 70 E., Mount Diablo Meridian; East \1/2\, West \1/2\
North East \1/4\ Sec. 12, T. 13 S., R. 70 E., Mount Diablo
Meridian.
``Parcel C--West \1/2\ Sec. 6, T. 13 S., R. 71 E., Mount
Diablo Meridian; Sec. 1, T. 13 S., R. 70 E., Mount Diablo
Meridian; West \1/2\, West \1/2\, North East \1/4\ Sec. 12, T.
13 S., R. 70 E., Mount Diablo Meridian; North West \1/4\ Sec.
13, S., R. 70 E., Mount Diablo Meridian; West \1/2\ Sec. 12, T.
13 S., R. 70 E., Mount Diablo Meridian; East \1/2\, South East
\1/4\, Sec. 11, T. 13 S., R. 70 E., Mount Diablo Meridian; East
\1/2\ North East \1/4\, Sec. 14, T. 13 S., R. 70 E., Mount
Diablo Meridian.
``Parcel D--South \1/2\ Sec. 14, T. 13 S., R. 70 E., Mount
Diablo Meridian; South West \1/4\, Sec. 13, T. 13 S., R. 70 E.,
Mount Diablo Meridian; Portion of section 23, North of
Interstate 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 Meridian; Portion of section 26, North of
Interstate 15, T. 13 S., R. 70 E., Mount Diablo Meridian.''
Sec. 122. Father <<NOTE: Father Aull Site Transfer Act of 1996.>>
Aull Site Transfer.
(a) This section may be cited as the ``Father Aull Site Transfer Act
of 1996''.
(b) Findings.--Congress finds that--
(1) the buildings and grounds developed by Father Roger Aull
located on public domain land near Silver City, New Mexico, are
historically significant to the citizens of the community;
(2) vandalism at the site has become increasingly
destructive 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 approximately 43.06
acres, located approximately 10 miles east of Silver City, New Mexico,
and 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--
[[Page 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 Public Law 104-134 is amended by
inserting after the word ``authorized'' the word ``hereafter''.
Sec. 124. <<NOTE: 16 USC 1011.>> Watershed Restoration and
Enhancement Agreements.
(a) In General.--For fiscal year 1997 and each fiscal year
thereafter, appropriations made for the Bureau of Land Management may be
used by the Secretary of the Interior for the purpose of entering into
cooperative agreements with willing private landowners 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 Secretary 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
institution, 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
landowner, 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
conditions 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 <<NOTE: 16 USC 410ff
note.>> at Channel Islands National Park.
(a) The visitor center at Channel Islands National Park,
California, 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''.
[[Page 110 STAT. 3009-205]]
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 technical
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 purposes 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 utilization of the
National Forest System, for ecosystem planning, inventory, 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. 460l-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
repayment of advances from other appropriations accounts previously
transferred for such purposes.
[[Page 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 construction 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. 460l-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.
[[Page 110 STAT. 3009-207]]
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 established
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 enforcement
purposes and of which 149 shall be for replacement; acquisition 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 pursuant 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 Development 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, education and training, and
cooperation with United States and international organizations.
[[Page 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 procedures 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 appropriations
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 reimbursement of
administrative and other costs incurred in processing pipeline right-of-
way or permit applications and for costs incurred in monitoring the
construction, operation, maintenance, and termination 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 maintain a visually pleasing forest.
Any money collected from the States for fire suppression assistance
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
representation expenses.
Notwithstanding any other provision of law, the Forest Service is
authorized to employ or otherwise contract with persons at regular rates
of pay, as determined by the Service, to perform work occasioned by
emergencies such as fires, storms, floods, earthquakes
[[Page 110 STAT. 3009-209]]
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 management 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 Representatives 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 Building''.
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
[[Page 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 investigations
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 General 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 <<NOTE: 10 USC 7430 note.>> 10 U.S.C.
7430(b)(2)(B) shall not apply to fiscal year 1997.
energy conservation
For necessary expenses in carrying out energy conservation
activities, $569,762,000, to remain available until expended, including,
notwithstanding any other provision of law, the excess amount for fiscal
year 1997 determined under the provisions of section
[[Page 110 STAT. 3009-211]]
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 determined under the provisions of
section 3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided further,
That notwithstanding section 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 available 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;
[[Page 110 STAT. 3009-212]]
and reimbursement to the General Services Administration for security
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, equipment,
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 contracts or agreements: Provided further, That
the remainder of revenues 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
Secretary 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, including the facts and
circumstances relied upon in support of the proposed project.
No funds provided in this Act may be expended by the Department 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
Secretary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and prosecute
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.
[[Page 110 STAT. 3009-213]]
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 further, 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
IV 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 U.S.C. 1613) shall
remain available 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 equipment 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 community
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 environmental 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 appropriated 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
[[Page 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 equipment;
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 authorized 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 Improvement 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
further, That notwithstanding any other law or regulation, funds
transferred 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 transportation: 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 authorized 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
organization 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 transferred functions which tribal contractors
and compactors no longer wish to retain, for services, goods, or
training and technical assistance, 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
[[Page 110 STAT. 3009-215]]
associated with the provision of goods, services, or technical
assistance: 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 Education 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 Public 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 payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public 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,
[[Page 110 STAT. 3009-216]]
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
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 buildings, 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 Support Center equipment and move, exhibition
reinstallation, the National Museum of the American Indian, the
repatriation of skeletal remains program, research equipment,
information management, 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 payments to independent
contractors performing research services or participating 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 qualifications 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 administrative
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), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership
[[Page 110 STAT. 3009-217]]
in library, museum, and art associations or societies whose publications
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 therefor, 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, improvement, 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 advertising, 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 Gallery 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 and 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 and 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
[[Page 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 amended,
$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 appropriated.
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 amended,
$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 appropriated.
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
[[Page 110 STAT. 3009-219]]
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 Commission 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: Provided, That
none of these funds shall be available for the compensation 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 Memorial
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, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available
[[Page 110 STAT. 3009-220]]
for public inspection, except where otherwise provided under existing
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 Shawnee
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 department
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. 10a-10c;
popularly known as the ``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should, in 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 Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label 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 debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
[[Page 110 STAT. 3009-221]]
Sec. 308. None of the funds in this Act may be used to plan,
prepare, or offer 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 payments 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 appropriations bill, then none of the funds
appropriated or otherwise made available by this Act may be used for the
AmeriCorps programs.
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 consistent 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
Secretary 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 Representatives and the
Committee on Energy and Natural Resources
[[Page 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 applications
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 such
plan.
(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 examination of the mining claims or
mill sites contained in a patent application 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
individual 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
[[Page 110 STAT. 3009-223]]
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 additional accountability
requirements <<NOTE: 16 USC 620c note.>> on any timber. The Secretary
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.
Sec. 319. Section 101(c) of Public <<NOTE: 16 USC 460l-6a note.>>
Law 104-134 is amended 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 ``September 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 shoreline 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 bordered generally by
the Potomac River, Interstate 295 and the Woodrow Wilson Bridge, or any
interest therein, and in exchange therefor may convey to the Corrections
Corporation of America approximately 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
[[Page 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, Compensation, and Liability Act
(42 U.S.C. 960l)).
(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 Environmental Response, Compensation, and Liability Act
(42 U.S.C. 960l) and the Resource Conservation Recovery Act (42 U.S.C.
690l, 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 payment received by the Secretary shall be
deposited to ``Miscellaneous 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
subsection (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:
[[Page 110 STAT. 3009-225]]
(A) The NE\1/4\ of SW\1/4\ of section 27 of
township 27 north, range 17 east, Willamette
Meridian, Chelan County, Washington.
(B) The N\1/2\ of SE\1/4\ of SW\1/4\ of such
section 27.
(C) The W\1/2\ of NW\1/4\ of SE\1/4\ of such
section 27.
(D) The NW\1/4\ of SW\1/4\ of SE\1/4\ of such
section 27.
(E) The E\1/2\ of NW\1/4\ of the SE\1/4\ of
such section 27.
(F) That portion of the S\1/2\ of SE\1/4\ of
SW\1/4\ 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) S\1/2\ of SW\1/4\ 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 facility.--
(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 subsection (b)(1) that is in
existence on the date of the exchange.
[[Page 110 STAT. 3009-226]]
(B) As a condition for the exchange under subsection
(a), the Public 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 determines
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 Conservation Fund
Act of 1965 (16 U.S.C. 460l-9), the boundary of the Snoqualmie
National Forest, as modified pursuant to subsection (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
Agriculture 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 Secretary may prescribe, convey all
right, title, and interest of the United States in and
to the land described in subsection (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
[[Page 110 STAT. 3009-227]]
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
boundaries 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. 460l-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 Wilderness
Act of 1984 (Public 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.
Sec. 328 <<NOTE: 16 USC 1132 note.>> . Renaming of Wilderness
Area.
(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 Wilderness''.
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 historically
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 Settlement
Act (25 U.S.C. 1708) is amended--
(1) by striking ``Sec. 9. Except as''; and inserting the
following:
``(a) In General.--Except as'';
(2) by striking the section heading and inserting the
following:
[[Page 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 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.
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 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.
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 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.
[[Page 110 STAT. 3009-229]]
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-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 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, $15,891,000, to remain
available until expended, to repair damage caused by hurricanes, floods
and other acts of nature: 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 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 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.
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 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
[[Page 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 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.
Bureau of Indian Affairs
operation of 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 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.
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 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.
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
[[Page 110 STAT. 3009-231]]
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.
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 appropriations accounts previously
transferred for such purposes: Provided further, 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.
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 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.
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 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
[[Page 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 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, $3,400,000, 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 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 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.
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 Control Act of 1985, as
amended: Provided further, That this amount
[[Page 110 STAT. 3009-233]]
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, and Related Agencies
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 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-- <<NOTE: Department of Labor Appropriations Act,
1997.>> DEPARTMENT OF LABOR
Employment and Training Administration
training and 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 available 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
[[Page 110 STAT. 3009-234]]
needs-related payments to accompany long-term training, or is necessary
to facilitate the provision of appropriate basic readjustment services;
and that funds provided to carry out the Secretary's discretionary
grants under part B of such title III may be used to provide needs-
related payments to participants who, in lieu of meeting the
requirements relating to enrollment in training under section 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 Secretary of Labor may waive any of the
statutory or regulatory requirements of titles I-III of the Job Training
Partnership Act (except for requirements relating to wage and labor
standards, worker rights, participation and protection, grievance
procedures and judicial 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
universal 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 requirements impede the ability of the State to implement a
plan to improve the workforce development system and the State has
executed a Memorandum of Understanding with the Secretary requiring 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 <<NOTE: 29 USC 1732
note.>> flexibility (work-flex) partnership demonstration program under
which the 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
[[Page 110 STAT. 3009-235]]
designated Ed-Flex Partnership States under section 311(e) of Public 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 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
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 employment 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 subsequently
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 payments 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, chapter 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 subsequent 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
[[Page 110 STAT. 3009-236]]
$1,653,000 which may be used for amortization payments 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 activities which benefit the Federal-
State Employment Service System), which may be expended from the
Employment Security Administration 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 allotments
for such purpose, and of which $216,333,000 shall be available 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
Unemployment 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 Employment 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 Unemployment 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
[[Page 110 STAT. 3009-237]]
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 programs 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 Unemployment 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 section 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
acquisition, 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 Employment Standards Administration,
including reimbursement to State, Federal, and local agencies 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
[[Page 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 establish 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 Appropriation Act, 1947; the
Employees' Compensation Commission Appropriation 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 amended),
provide as part of such notice and claim, such identifying information
(including Social Security account number) as such regulations may
prescribe.
[[Page 110 STAT. 3009-239]]
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:
Provided, 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 subsequent to
August 15 of the current year: Provided further, That in addition such
amounts shall be paid from this fund into miscellaneous 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 authorized 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, notwithstanding 31 U.S.C. 3302, the <<NOTE: 29
USC 670 note.>> 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 authorized, during the fiscal year ending September 30, 1997, to
collect and retain fees for services provided to Nationally Recognized
Testing Laboratories, and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, to administer national and international
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, administer, 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
[[Page 110 STAT. 3009-240]]
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or
order under the Occupational 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 violations
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 <<NOTE: 30 USC 962.>> of passenger motor vehicles;
the Secretary is authorized to accept lands, buildings, equipment, and
other contributions 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.
[[Page 110 STAT. 3009-241]]
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 Unemployment
Trust Fund.
Departmental Management
salaries and expenses
For necessary expenses for Departmental Management, including the
hire of three sedans, and including up to $4,358,000 for the President's
Committee on Employment of People With Disabilities, $144,211,000;
together with not to exceed $297,000, which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund: Provided, That <<NOTE: 33 USC 921 note.>> 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: Provided 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. 901 et seq.).
assistant secretary for veterans employment and training
Not to exceed $181,949,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4110A 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
Unemployment Trust Fund.
[[Page 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 individual, 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 carrying 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
Appropriations Act, 1997''.
TITLE II--DEPARTMENT OF HEALTH <<NOTE: Department of Health and Human
Services Appropriations Act, 1997.>> 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 available 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
Occupational 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
[[Page 110 STAT. 3009-243]]
Center: Provided further, That in addition to fees authorized by section
427(b) of the Health Care Quality 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 available under this heading,
$198,452,000 shall be for the program under title X of the Public Health
Service Act to provide for voluntary 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 provision of law, funds
made available under this heading may be used to continue operating the
Council on Graduate Medical Education 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 modernization
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 operating managed care networks or
plans, and that such funds be available 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 carrying 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 payment 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 necessary 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
[[Page 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 program,
$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 payment 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; including 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 equipment 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 <<NOTE: 30 USC
1 note.>> (1) of the first proviso under the subheading ``mines and
minerals'' under the heading ``Bureau of Mines'' in the text of title I
of the Department 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
[[Page 110 STAT. 3009-245]]
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 carrying 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 disease,
$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 IV 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.
[[Page 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 carrying 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 disorders,
$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 carrying out section 301 and title IV 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.
[[Page 110 STAT. 3009-247]]
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
International 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 constructed under the
jurisdiction of the National Institutes of Health.
office of the director
(including transfer of funds)
For carrying 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
appropriations 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 payments for the cost of clinical
services that are incurred in National Institutes of Health research
facilities and that such payments 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 available 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,
including the acquisition of real property, $200,000,000, to remain
available until expended, of which $90,000,000 shall be for the clinical
research center: Provided, That, notwithstanding any other provision of
law, a single contract or related contracts for the development 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
``availability of funds'' found at 48 CFR 52.232-18.
[[Page 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 Ill 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 Service
Commissioned Officers as authorized by law, and for payments under the
Retired Serviceman's Family Protection Plan and Survivor 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 carrying out titles III and IX 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 to states 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 XIX
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 XIX 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.
[[Page 110 STAT. 3009-249]]
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 carrying 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 Secretary 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 payment 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 Assistance 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 payments 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
[[Page 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
obligation in the period October 1, 1997 through September 30, 1998.
refugee and entrant assistance
For making payments for refugee and entrant assistance activities
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 available 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 transferred
from the amount appropriated under section 452(j) of the Social Security
Act (42 U.S.C. 652(j)) 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
[[Page 110 STAT. 3009-251]]
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 Prevention 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 Assistance Act of 1988, and part
B(1) 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
Assistance 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 appropriated 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.
[[Page 110 STAT. 3009-252]]
For making payments 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 who 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 Hawaiian 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 carrying out title XVII of the Public Health Service Act,
$11,500,000 shall be available until expended for extramural
construction: Provided further, That notwithstanding 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
carrying 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
General by the Department of Justice, the Department of the Treasury, or
the United States Postal Service.
[[Page 110 STAT. 3009-253]]
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 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.
policy research
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act and section 301(l)
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(l) 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 assignment
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 Emergency 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 Revitalization Act of
1993, Public 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 funds 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 Appropriations 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 available
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
[[Page 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
obligated 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 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.
(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: Provided, 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 Congress 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
appropriateness of Medicare coverage of such procedures and the
conditions, 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''.
[[Page 110 STAT. 3009-255]]
Sec. 214. The new clinical research center at the National
Institutes of Health is hereby named the Mark O. Hatfield Clinical
Research Center.
Sec. 215. Section 345 of Public Law 104-193 <<NOTE: 42 USC 652,
653.>> is amended by replacing ``section 457(a)'' wherever it appears
with ``a plan approved under this part''. Amounts available under
such <<NOTE: 42 USC 652 note.>> 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-- <<NOTE: Department of Education Appropriations Act,
1997.>> DEPARTMENT OF EDUCATION
education reform
For carrying 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.
education for the disadvantaged
For carrying out title I of the Elementary and Secondary Education
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
available for concentration grants under section 1124(A) and $7,000,000
shall be available for evaluations under section 1501.
impact 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 disabilities 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
payments 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;
[[Page 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 education programs authorized by
part C: Provided, That State educational agencies may use all, or any
part of, their part C allocation for competitive grants to local
educational agencies: Provided further, That the Department of Education
should only support instructional programs which ensure that students
completely master English 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 entities 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.
[[Page 110 STAT. 3009-257]]
4301 et seq.), $43,041,000: Provided, That from the amount available,
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 national
programs under title IV, without regard to section 451: Provided
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 Technology 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.
The maximum Pell <<NOTE: 20 USC 1070a note.>> Grant for which a
student shall be eligible during award year 1997-1998 shall be $2,700:
Provided, That notwithstanding 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
calculated 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.
[[Page 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)(1)(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 authorized 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 University in Newport, Rhode Island,
if authorized by April 1, 1997: Provided further, That $1,000,000, to
remain available until expended, 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
Education Act, $2,000,000 shall be awarded to the Pennsylvania
Educational 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
[[Page 110 STAT. 3009-259]]
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 repayments and other
resources available to this account. Any unobligated balances becoming
available from fixed fees paid into this account pursuant to 12 U.S.C.
1749d, relating to payment 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 Congressional 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
Education Act: Provided further, That notwithstanding any other
provision 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 purposes of the
program: Provided further, That, notwithstanding section 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
[[Page 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
Partnerships 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 tolerance tools and prejudice reduction
programs and multimedia tolerance and genocide exhibits: Provided
further, That $1,500,000 shall be for the continuation of a
demonstration project making information 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
IV of the Library Services and Construction Act may use any such funds
to plan for any library program or activity authorized under title VII
of this Act and conduct any other activity reasonably necessary to
provide for an orderly and effective transition 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 conference
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
authorized by section 203 of the Department of Education Organization
Act, $55,000,000.
[[Page 110 STAT. 3009-261]]
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.
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 payment 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 payments 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 <<NOTE: 20 USC 1087h note.>> 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.
[[Page 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) The amendments made by subsection <<NOTE: 20 USC 7703 note.>>
(a) shall apply with respect to fiscal years beginning with fiscal year
1995.
Sec. 308. Section 485(e)(9) of the Higher Education Act of 1965 is
amended <<NOTE: 20 USC 1092.>> by striking out ``June 30'' in the second
sentence of such section and inserting ``August 30''.
This title may be cited as the ``Department of Education
Appropriations 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
[[Page 110 STAT. 3009-263]]
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 Surgeon 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 available to the
Corporation for Public Broadcasting by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for Government
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 Conciliation
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 necessary 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 development 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.
[[Page 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 Libraries
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, directives, 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 Relations 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.
[[Page 110 STAT. 3009-265]]
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, as amended (45 U.S.C. 151-188), including emergency 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 appropriation from
the Federal Supplementary Medical Insurance Trust Fund.
Prospective Payment Assessment Commission
salaries and expenses
For expenses necessary to carry out section 1886(e) of the Social
Security Act, $3,263,000, to be transferred to this appropriation from
the Federal Hospital Insurance and the Federal Supplementary 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 Revenue
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.
[[Page 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 Security Act,
$19,372,010,000, to remain available until expended: Provided, 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 administrative
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 authorized under section 211 of Public Law 104-193.
For making, after June 15 of the current fiscal year, benefit
payments 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 Security 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
[[Page 110 STAT. 3009-267]]
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 administrative
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 section 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 benefits payments account
For payment to the Dual Benefits Payments Account, authorized
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 available 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.
[[Page 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
unemployment 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 Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
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
support 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, respectively, for
official reception and representation expenses; the Director 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''.
[[Page 110 STAT. 3009-269]]
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 Labeling
Products as Made in America.--If it has been finally determined by a
court or Federal agency that any person intentionally affixed a label
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 debarment, 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 recipients 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.
Sec. 509. <<NOTE: 31 USC 1301 note.>> Notwithstanding any other
provision of law--
(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
[[Page 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)(1)(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 schedules 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 <<NOTE: 10 USC 503 note.>> Funds for
Preventing ROTC Access 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
[[Page 110 STAT. 3009-271]]
(2) a student at the covered educational entity from
enrolling 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 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) 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
longstanding policy of pacifism based on historical religious
affiliation; 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 paragraph 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
eligibility 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 section, 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 enactment
of this Act, by which date the Secretary of Defense shall
[[Page 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 employment of
certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
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. <<NOTE: 5 USC 5597 note.>> 520. Voluntary Separation
Incentives for Employees of Certain Federal Agencies.--(a)
Definitions.--For the purposes of this section--
(1) the term ``agency'' means the Railroad Retirement Board
and the Office of Inspector General of the Railroad Retirement
Board;
[[Page 110 STAT. 3009-273]]
(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 incentive payment under section 3
of such Act;
(E) an employee who has previously received any
voluntary 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 three-member Railroad Retirement Board,
prior to obligating any resources for voluntary separation
incentive payments, shall submit to the House and Senate
Committees on Appropriations and the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform and
Oversight 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
payments have been completed.
(2) Contents.--The agency's plan shall include--
(A) the positions and functions to be reduced or
eliminated, identified by organizational unit,
geographic location, 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.
[[Page 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
qualifying employee who voluntarily separates (whether
by retirement 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
Government 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 Government.--An
individual who has received a voluntary separation incentive payment
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 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
[[Page 110 STAT. 3009-275]]
has received, or is due to receive, a voluntary separation
incentive payment under this section. For the purposes of this
subsection, 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 <<NOTE: 42 USC 233 note.>> is amended by
striking ``October 1, 1997'' and inserting ``October 1, 1996''.
TITLE VI--REORGANIZATION <<NOTE: Student Loan Marketing Association
Reorganization Act of 1996. 20 USC 1001 note.>> AND PRIVATIZATION OF
SALLIE MAE AND CONNIE LEE
SEC. 601. SHORT TITLE.
This title may be cited as the ``Student Loan Marketing Association
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:
``SEC. 440. REORGANIZATION OF <<NOTE: 20 USC 1087-3.>> 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
applicable 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 effective date,
provided that the plan of reorganization has been
[[Page 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 Association
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
Association) 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
Association 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 practicable thereafter, the Association shall use the
Association'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 existence 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 Company or any subsidiary of the Holding
Company, subject to the provisions of paragraph (4).
``(3) Transfer of personnel.--On the reorganization
effective 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 appropriate
management and operational support (including loan
[[Page 110 STAT. 3009-277]]
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 declaration by
the Board of Directors of the Association, the Association'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 payment
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 acquisition
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 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.
``(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 inadequate. 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 transition
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
[[Page 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
information and make and keep such records as the
Secretary 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 systems for monitoring and controlling any
such financial risk.
``(B) Summary reports.--The Secretary of the
Treasury may require summary reports of the information
described in subparagraph (A) 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 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 subsidiary of the Holding Company.
``(iv) Director.--No director of the
Association who is appointed by the President
pursuant to section
[[Page 110 STAT. 3009-279]]
439(c)(1)(A) may serve as a director of the
Holding Company.
``(v) One officer requirement.--At least one
officer of the Association shall be an officer
solely of the Association.
``(vi) Transactions.--Transactions between the
Association and the Holding Company or any
subsidiary of the Holding Company, including any
loan servicing arrangements, shall be on terms no
less favorable to the Association than the
Association could obtain from an unrelated third
party offering comparable services.
``(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 Holding Company.
``(viii) Amounts collected.--Any amounts
collected 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
equitable 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 Company explicitly provided for
in this section.
``(E) Holding company activities.--After the
reorganization 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 Association.
``(9) Issuance of stock warrants.--
``(A) In general.--On the reorganization effective
date, the Holding Company shall issue to the District of
Columbia Financial Responsibility and Management
Assistance Authority a number of stock warrants that is
equal to
[[Page 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 purchase from the Holding Company one
share of the registered common stock of the Holding
Company or the Holding 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 Association. 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 issuance or sale of treasury stock),
stock split, recapitalization, 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 shareholders
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 pursuant to this
subsection. 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 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
[[Page 110 STAT. 3009-281]]
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
noncallable obligations of the United States or any agency
thereof for which payment the full faith and credit of the
United States is pledged, maturing as to principal and interest
in such amounts and at such times as are 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
subsection 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 Holding
Company's 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
Marketing 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
[[Page 110 STAT. 3009-282]]
of the Association or the Holding Company deems
appropriate.
``(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 established 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
dissolution date, the Holding Company, and any subsidiary of the
Holding Company (other than the Association), shall prominently
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 General
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 Student
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).
[[Page 110 STAT. 3009-283]]
``(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
obligations' 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 commitments, warehousing advances, academic
facilities obligations, 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 Directors 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
`reorganization effective date' means the effective date of the
reorganization as determined by the Board of Directors of the
Association, 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 Marketing Association, including any
subsidiary of the Holding Company, created
pursuant to section 440,''.
(ii) Definition of eligible lender and federal
consolidation loans.--Sections 435(d)(1)(G) and
428C(a)(1)(A) of such Act (20 U.S.C. 1085(d)(1)(G)
and 1078-3(a)(1)(A)) are each amended by inserting
after ``Student Loan Marketing Association'' the
following:
[[Page 110 STAT. 3009-284]]
``or the Holding Company of the Student Loan
Marketing Association, including any subsidiary of
the Holding Company, created pursuant to section
440''.
(B) <<NOTE: 20 USC 1078-3 note.>> Effective date.--
The amendments made by this paragraph shall take effect
on the reorganization effective 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 requirements.--
Section 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 requirements.--
The Secretary of Education or the Secretary of the Treasury, as
appropriate, may request that the Attorney General bring an
action in the United States District Court for the District of
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
subparagraph (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
[[Page 110 STAT. 3009-285]]
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
assessment (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 September 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 funds available in such account the
reasonable 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 payments 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 application 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--
[[Page 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
Secretary 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 systems for monitoring and controlling any
such financial risk.
``(ii) Summary reports.--The Secretary of the
Treasury 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 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
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, controlled 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 declaration by
the Board of Directors of the Association, the Association'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 Reorganization Plan
Occurs.--Section 439 of the Higher Education Act of 1965 (20 U.S.C.
1087-2) is amended by adding at the end the following new subsection:
``(s) Charter Sunset.--
[[Page 110 STAT. 3009-287]]
``(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
Ranking 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 subsection, to ensure full
payment of remaining obligations of the
Association in accordance with the terms of such
obligations;
``(ii) provide that all assets not used to pay
liabilities shall be distributed to shareholders
as provided in this subsection; and
``(iii) provide that the operations of the
Association shall remain separate and distinct
from that of any entity to which the assets of the
Association are transferred.
``(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
amendments to the Secretary of the Treasury and to the
Chairman 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 Economic and
Educational Opportunities of the House of
Representatives. In no case may any amendment extend the
date for full implementation of the plan beyond the
dissolution date provided in paragraph (3).
``(C) Plan monitoring.--The Secretary of the
Treasury shall monitor the Association's compliance with
the plan and shall continue to review the plan
(including any amendments thereto).
``(D) Amendment of the plan by the secretary of the
treasury.--The Secretary of the Treasury may require the
Association to amend the plan (including any amendments
to the plan), if the Secretary of the Treasury deems
such amendments necessary to ensure full payment of all
obligations of the 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.
[[Page 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
dissolve, unless within 60 days of 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 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, irrevocably 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 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.
``(B) Use of trust assets.--All money, obligations,
or financial assets deposited into the trust pursuant to
this subsection shall be applied by the trustee to the
payment of the 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
compliance with subparagraphs (A) and (C), the
Association shall transfer to the shareholders of the
Association any remaining 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
[[Page 110 STAT. 3009-289]]
``(II) purchasing loans insured
under this part, if the Secretary, with
the approval of the Secretary of the
Treasury, enters into an agreement with
the Association for the 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 secondary 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 Secretary 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.
(2) Effective date.--The repeals <<NOTE: 20 USC 1087-2
note.>> made by paragraph (1) shall be effective one year
after--
(A) the date on which all of the obligations of the
trust established under section 440(d)(1) of the Higher
Education Act of 1965 (as added by subsection (a)) have
been extinguished, if a reorganization occurs in
accordance with section 440 of such Act; or
(B) the date on which all of the obligations of the
trust established under subsection 439(s)(3)(A) of such
Act (as added by subsection (c)) have been extinguished,
if a reorganization does not occur in accordance with
section 440 of such Act.
(e) <<NOTE: 20 USC 1087-2 note.>> Association Names.--Upon
dissolution in accordance with section 439(s) of the Higher Education
Act of 1965 (20 U.S.C. 1087-2), the names ``Student Loan Marketing
Association'', ``Sallie Mae'', and any variations thereof may not be
used by any entity engaged in any business similar to the business
conducted pursuant to section 439 of such Act (as such section was in
effect on the date of enactment of this Act) without the approval of the
Secretary of the Treasury.
[[Page 110 STAT. 3009-290]]
(f) <<NOTE: 20 USC 1087-2 note.>> Right to Enforce.--The Secretary
of Education or the Secretary of the Treasury, as appropriate, may
request that the Attorney General bring an action in the United States
District Court for the District of 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 <<NOTE: 20 USC 1132f-10.>> LEE PRIVATIZATION.
(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
inconsistent 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 Corporation 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 Corporation's purposes and activities
incidental thereto. The Corporation shall have the power to
enter into contracts, to execute instruments, to incur
liabilities, to provide products and services, 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 association.--The Student
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) Financial support or guarantees.--After the
Secretary of the Treasury sells the stock of the
Corporation owned by the Secretary of Education pursuant
to subsection
[[Page 110 STAT. 3009-291]]
(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
enactment 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 insurance, guarantee, or reinsurance
of obligations, and in each document offering debt or
equity securities of the Corporation, 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 prominent 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.
[[Page 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
Historically Black Colleges and Universities and other academic
institutions which are ranked in the lower investment grade
category using a nationally recognized credit rating system.
(5) Requirements until stock sale.--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 transactions)
pursuant to subsection (c)(1) of this Act.
(c) Sale of Federally Owned Stock.--
(1) Purchase by the corporation.--The Secretary of the
Treasury shall sell and the 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 paragraph
(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.
[[Page 110 STAT. 3009-293]]
(d) Repeal of Statutory Restrictions and Related Provisions.--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
trademark or service mark pursuant to section 440(e)(3)
of the Higher Education Act of 1965; and
(C) amounts and proceeds collected from the sale of
the stock of the Corporation and deposited pursuant to
subsection (c)(3).
(2) Amounts and Proceeds.--
(A) Amounts and proceeds relating to sallie mae.--
The amounts and proceeds described in subparagraphs (A)
and (B) of paragraph (1) shall be used to finance public
elementary and secondary school facility construction
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 subparagraph (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:
``SEC. 440A. DISCRIMINATION IN <<NOTE: 20 USC 1087-4.>> SECONDARY
MARKETS PROHIBITED.
``The Student Loan Marketing Association (and, if the Association
is privatized under section 440, any successor entity functioning as a
secondary market for loans under this part, including the Holding
Company described in such section) shall not engage directly or
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 institution, length of the
borrower's educational program, or the borrower's academic year at an
eligible institution.''.
TITLE VII--MUSEUM AND <<NOTE: Museum and Library Services Act of
1996. 20 USC 9101 note.>> LIBRARY SERVICES ACT OF 1996
SECTION 701. SHORT TITLE.
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:
[[Page 110 STAT. 3009-294]]
``TITLE II--MUSEUM <<NOTE: Museum and Library Services Act.>> AND
LIBRARY SERVICES
``Subtitle A--General Provisions
``SEC. 201. <<NOTE: 20 USC 9101 note.>> SHORT TITLE.
``This title may be cited as the `Museum and Library Services
Act'.
``SEC. 202. <<NOTE: 20 USC 9101.>> GENERAL DEFINITIONS.
``As used in this title:
``(1) Commission.--The term `Commission' means the National
Commission on Libraries and Information Science established
under section 3 of the National Commission on Libraries and
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. <<NOTE: 20 USC 9102.>> INSTITUTE OF MUSEUM AND LIBRARY
SERVICES.
``(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. <<NOTE: 20 USC 9103.>> DIRECTOR OF THE INSTITUTE.
``(a) Appointment.--
``(1) In general.--The Institute shall be headed by a
Director, appointed by the President, by and with the advice and
consent of the Senate.
``(2) Term.--The Director shall serve for a term of 4 years.
``(3) Qualifications.--Beginning with the first individual
appointed to the position of Director after the date of
enactment of the Museum and Library Services Act of 1996, every
second individual so appointed shall be appointed from among
individuals 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
individuals 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.
[[Page 110 STAT. 3009-295]]
``(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 improvement
of museums and libraries and information services.
``SEC. 205. <<NOTE: 20 USC 9104.>> 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 expertise in museum services.
``SEC. 206. <<NOTE: 20 USC 9105.>> 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.
``SEC. 207. <<NOTE: 20 USC 9106.>> 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.
``Subtitle B--Library <<NOTE: Library Services and Technology Act. 20
USC 9101 note.>> Services and Technology
``SEC. 211. SHORT TITLE.
``This subtitle may be cited as the `Library Services and
Technology Act'.
``SEC. 212. <<NOTE: 20 USC 9121.>> 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
individuals of all ages;
``(3) to promote library services that provide all users
access to information through State, regional, national and
international electronic networks;
``(4) to provide linkages among and between libraries; and
``(5) to promote targeted library services to people of
diverse geographic, cultural, and socioeconomic backgrounds, to
individuals with disabilities, and to people with limited
functional literacy or information skills.
[[Page 110 STAT. 3009-296]]
``SEC. 213. <<NOTE: 20 USC 9122.>> DEFINITIONS.
``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 otherwise 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
Commonwealth 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 document
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, criteria, 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 <<NOTE: 20 USC 9123.>> APPROPRIATIONS.
``(a) Authorization of Appropriations.--
[[Page 110 STAT. 3009-297]]
``(1) In general.--There are authorized to be appropriated
$150,000,000 for fiscal year 1997 and such sums as may be
necessary for each of the fiscal years 1998 through 2002 to
carry out this subtitle.
``(2) Transfer.--The Secretary of Education shall--
``(A) transfer promptly to the Director any funds
appropriated under the authority of paragraph (1), to
enable the Director to carry out this subtitle; and
``(B) not exercise any authority concerning the
administration of this title other than the transfer
described in subparagraph (A).
``(b) Forward Funding.--
``(1) In general.--To the end of affording the responsible
Federal, State, and local officers 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
``SEC. 221. RESERVATIONS AND <<NOTE: 20 USC 9131.>> 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\1/2\ percent to award grants
in accordance with section 261; and
``(B) shall reserve 4 percent to award national
leadership grants or contracts in accordance with
section 262.
``(2) Special rule.--If the funds reserved pursuant to
paragraph (1)(B) for a fiscal year have not been obligated by
the end of such fiscal year, then such funds shall be allotted
in accordance with subsection (b) for the fiscal year succeeding
the 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
appropriated under the authority of section 214 that are not
reserved
[[Page 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, 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.
``(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 minimum 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 Marshall 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.--
Notwithstanding 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
Educational 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. <<NOTE: 20 USC 9132.>> ADMINISTRATION.
``(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.
[[Page 110 STAT. 3009-299]]
``(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.
``SEC. 223. PAYMENTS; FEDERAL SHARE; <<NOTE: 20 USC 9133.>> AND
MAINTENANCE OF EFFORT REQUIREMENTS.
``(a) Payments.--Subject to appropriations provided pursuant to
section 214, the Director shall pay to each State library administrative
agency having a State plan approved under section 224 the Federal share
of the cost of the activities described in the State plan.
``(b) Federal Share.--
``(1) In general.--The Federal share shall be 66 percent.
``(2) Non-federal share.--The non-Federal share of payments
shall be provided from non-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
subparagraph (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
purposes of this subtitle. All funds included in the maintenance
of effort calculation under this subsection shall be expended
during the fiscal year for which the 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
[[Page 110 STAT. 3009-300]]
would be equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a precipitous and
unforeseen decline in the financial resources of the State.
``SEC. 224. <<NOTE: 20 USC 9134.>> STATE PLANS.
``(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
administrative agency will carry out during such year using such
grant;
``(3) describe the procedures that such agency will use to
carry out the activities described in paragraph (2);
``(4) describe the methodology that such agency will use to
evaluate the success of the activities established under
paragraph (2) in achieving the goals and meeting the priorities
described in paragraph (1);
``(5) describe the procedures that such agency will use to
involve libraries and library users throughout the State in
policy decisions regarding implementation of this subtitle; and
``(6) provide assurances satisfactory to the Director that
such agency will make such reports, in such form and containing
such information, as the Director may reasonably require to
carry out this subtitle and to determine the extent to which
funds provided under this subtitle have been effective in
carrying out the purposes of this subtitle.
``(c) Evaluation and Report.--Each State library administrative
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 requirements 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.
[[Page 110 STAT. 3009-301]]
``(2) Public availability.--Each State library
administrative 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
administrative agency of such determination and the
reasons for such determination;
``(B) offer the State library administrative agency
the opportunity to revise its State plan;
``(C) provide technical assistance in order to
assist the State library administrative agency in
meeting the requirements of this section; and
``(D) provide the State library administrative
agency the opportunity for a hearing.
``CHAPTER 2--LIBRARY PROGRAMS
``SEC. 231. <<NOTE: 20 USC 9141.>> 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
encouraging different types 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 available 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
``SEC. 251. <<NOTE: 20 USC 9151.>> STATE ADVISORY COUNCILS.
``Each State desiring assistance under this subtitle may establish
a State advisory council which is broadly representative of the library
entities in the State, including public, school, academic,
[[Page 110 STAT. 3009-302]]
special, and institutional libraries, and libraries serving individuals
with disabilities.
``Subchapter B--Federal Requirements
``SEC. 261. <<NOTE: 20 USC 9161.>> SERVICES FOR INDIAN TRIBES.
``From amounts reserved under section 221(a)(1)(A) for any fiscal
year the Director shall award grants to organizations primarily serving
and representing Indian tribes to enable such organizations to carry out
the activities described in section 231.
``SEC. 262. <<NOTE: 20 USC 9162.>> NATIONAL LEADERSHIP GRANTS OR
CONTRACTS.
``(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 contracts 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
information 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.--Grants 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. <<NOTE: 20 USC 9163.>> STATE AND LOCAL INITIATIVES.
``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. <<NOTE: 20 USC 9171.>> PURPOSE.
``It is the purpose of this subtitle--
[[Page 110 STAT. 3009-303]]
``(1) to encourage and assist museums in their educational
role, in conjunction with formal systems of elementary,
secondary, and postsecondary education and with programs of
nonformal education for all age groups;
``(2) to assist museums in modernizing their methods and
facilities so that the museums are 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.
``SEC. 272. <<NOTE: 20 USC 9172.>> DEFINITIONS.
``As used in this subtitle:
``(1) Museum.--The term `museum' means a public or private
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 Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, the
Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau.
``SEC. 273. MUSEUM <<NOTE: 20 USC 9173.>> 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
educational programs to the public through the use of the
collections;
``(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
collections;
``(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
[[Page 110 STAT. 3009-304]]
pay for the Federal share of enabling 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
appropriated 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 50 percent.--The Director may use not
more than 20 percent of the funds made available under this
subtitle for a fiscal year to make grants under subsection (a),
or enter into contracts or agreements under subsection (b), for
which the Federal share may be greater than 50 percent.
``(d) Review and Evaluation.--The Director shall establish
procedures for reviewing and evaluating grants, contracts, and
cooperative agreements made or entered into under this subtitle.
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. <<NOTE: 20 USC 9174.>> AWARD.
``The Director, with the advice of the Museum Board, may annually
award a National Award for Museum Service to outstanding museums that
have made significant contributions in service to their communities.
``SEC. 275. <<NOTE: 20 USC 9175.>> NATIONAL MUSEUM SERVICES BOARD.
``(a) Establishment.--There is established in the Institute a
National Museum Services Board.
``(b) Composition and Qualifications.--
``(1) Composition.--The Museum Board shall consist of the
Director and 14 members appointed by the President, by and with
the advice and consent of the Senate.
``(2) Qualifications.--The appointive 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 representative of the curatorial,
conservation, educational, and cultural resources
of the United States; or
``(ii) museums that, collectively, are broadly
representative of various types of museums,
including museums relating to science, history,
technology, art, zoos, and botanical gardens; and
``(C) who are recognized for their broad knowledge,
expertise, or experience in museums or commitment to
museums.
[[Page 110 STAT. 3009-305]]
``(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 designated 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
predecessor 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.--Notwithstanding
any other provision of this subsection, a member of the Museum
Board shall serve after the expiration of the term of the member
until the successor to the member takes office.
``(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
(1)(A)(ii) shall be made by a \2/3\ majority vote of the total
number of the members of the Commission and the Museum Board who
are present.
[[Page 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 constitute a quorum for the conduct of
business at official joint meetings of the Commission and the Museum
Board.
``(h) Compensation and Travel Expenses.--
``(1) Compensation.--Each member of the Museum Board who is
not an officer or employee of the Federal Government may be
compensated at a rate to be fixed by the President, but not to
exceed the daily equivalent of the maximum rate authorized for a
position above grade GS-15 of the General 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 activities of
the Institute are coordinated with other activities of the Federal
Government.
``SEC. 276. <<NOTE: 20 USC 9176.>> AUTHORIZATION OF APPROPRIATIONS.
``(a) Grants.--For the purpose of carrying out this subtitle,
there are authorized to be appropriated to the Director $28,700,000 for
the fiscal year 1997, and 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 amended--
(1) by redesignating subsections (b) through (d) as
subsections (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--
[[Page 110 STAT. 3009-307]]
``(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 \2/3\ majority vote of the total number
of the members of the Commission and the National Museum Services Board
who are present.
``(3) A majority of the members of the Commission and a majority
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 amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``Librarian
of Congress'' and inserting ``Librarian of Congress, the
Director of the Institute of Museum and Library Services
(who shall serve as an ex officio, nonvoting member),'';
(B) in the second sentence--
(i) by striking ``special competence or
interest in'' and inserting ``special 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''.
SEC. 704. <<NOTE: 20 USC 9102 note.>> TRANSFER OF FUNCTIONS FROM
INSTITUTE OF MUSEUM SERVICES.
(a) Definitions.--For purposes of this section, unless otherwise
provided or indicated by the context--
(1) the term ``Federal agency'' has the meaning given to the
term ``agency'' by section 551(1) of title 5, United States
Code;
[[Page 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 transferred 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 enactment
of this section and any related function of any officer or
employee of the Department of Education.
(c) Determinations of Certain Functions by the Office of
Management and Budget.--If necessary, the Office of Management and
Budget shall make any determination of the functions that are
transferred under subsection (b).
(d) Delegation and Assignment.--Except where otherwise expressly
prohibited by law or otherwise provided by this section, the Director of
the Institute of Museum and Library Services may delegate any of the
functions transferred to the Director of the Institute of Museum and
Library Services by this section and any function transferred or granted
to such Director of the 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 transferred
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 appropriate.
(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 determines to be necessary or
appropriate to administer and manage the functions of the Institute of
Museum and Library Services.
[[Page 110 STAT. 3009-309]]
(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 appropriations, authorizations,
allocations, and other funds employed, used, held, arising from,
available to, or to be made available in connection 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 transferred pursuant to this subsection shall
be used only for the purposes for which the funds were originally
authorized and appropriated.
(h) Incidental Transfers.--The Director of the Office of
Management and Budget, at such time or times as the Director shall
provide, may make such determinations as may be necessary with regard to
the functions transferred by this section, and make such additional
incidental dispositions of personnel, assets, liabilities, 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 connection 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 terminated by this section and for such further
measures and dispositions as may be necessary to effectuate the purposes
of this section.
(i) Effect on Personnel.--
(1) In general.--Except as otherwise provided by this
section, the transfer pursuant to this section of full-time
personnel (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 compensation 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 continue
to be compensated in such new position at not less than the rate
provided for such previous position, for the duration of the
service of such person in such new position.
(j) Savings Provisions.--
(1) Continuing effect of legal 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 transferred 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
[[Page 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 official, a court of competent
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.
(l) References.--A reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to--
(1) the Director of the Institute of Museum Services with
regard to functions transferred under subsection (b), shall be
deemed to refer to the Director of the Institute of Museum and
Library Services; and
[[Page 110 STAT. 3009-311]]
(2) the Institute of Museum Services with regard to
functions transferred under subsection (b), shall be deemed to
refer to the Institute of Museum and Library Services.
(m) Additional Conforming Amendments.--
(1) Recommended legislation.--After 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 legislation
referred to under paragraph (1).
SEC. 705. <<NOTE: 20 USC 9103 note.>> SERVICE OF INDIVIDUALS SERVING ON
DATE OF ENACTMENT.
Notwithstanding section 204 of the Museum and Library Services
Act, the individual who was appointed to the position of Director of the
Institute of Museum 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.
SEC. 706. <<NOTE: 20 USC 9105 note.>> 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 consideration
to individuals with experience in administering State-based and national
library and information services programs.
SEC. 707. <<NOTE: 20 USC 9102 note.>> 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 Director 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 appropriated funds.
(b) Transfer.--From any amounts available to the Secretary of
Education for salaries and expenses at the Department of Education, the
Secretary of Education shall transfer to the Director the amount of
funds 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.
[[Page 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 Amendments of
1986.--Part D of title XIII of the Higher Education Amendments of 1986
(20 U.S.C. 1029 note), relating to library resources, is repealed.
(d) Section 519 of the Education Amendments of 1974.--Section 519
of the Education Amendments of 1974 (20 U.S.C. 1221i) 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 1981.--Section
528 of the Omnibus Education Reconciliation Act of 1981 (20
U.S.C. 3489) is amended--
(A) by striking paragraph (12); and
(B) by redesignating paragraphs (13) through (15) as
paragraphs (12) through (14), respectively.
(3) Elementary and secondary education act of 1965.--Section
3113(10) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6813(10)) is amended by striking ``section 3 of the
Library Services and Construction Act'' and 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 1965.--Section
214(c) of the Appalachian Regional Development Act of 1965 (40
U.S.C. App. 214(c)) is amended by striking ``Library Services
and Construction Act;''.
(6) Demonstration cities and metropolitan development 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.),''.
[[Page 110 STAT. 3009-313]]
(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 ``library not eligible 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
assistance 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
inserting the following:
``Director of the Institute of Museum and Library
Services.''.
(2) Department of education organization act.--Section 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 1965.--
(A) Sections 2101(b), 2205(c)(1)(D),
2208(d)(1)(H)(v), and 2209(b)(1)(C)(iv), and subsection
(d)(6) and (e)(2) of section 10401 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6621(b),
6645(c)(1)(D), 6648(d)(1)(H)(v), 6649(b)(1)(C)(vi), and
8091 (d)(6) and (e)(2)) are amended by striking ``the
Institute of Museum Services'' and inserting ``the
Institute of Museum and Library 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 Services,''; 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 Services,''.
(C) Section 10414(a)(2)(B) of such Act (20 U.S.C.
8104(a)(2)(B)) is amended by striking clause (iii) and
inserting the following new clause:
``(iii) the Institute of Museum and Library
Services.''.
(c) References to Office of Libraries and Learning Resources.--
Section 413(b)(1) of the Department of Education Organization Act (20
U.S.C. 3473(b)(1)) is amended--
(1) by striking subparagraph (H); and
(2) by redesignating subparagraphs (I) through (M) as
subparagraphs (H) through (L), respectively.
[[Page 110 STAT. 3009-314]]
(d) Reference to State Postsecondary Review Entity 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 Appropriations Act,
1997''.
(f) For programs, projects or activities in the Treasury, Postal
Service, and General Appropriations Act, 1997, provided as follows, to
be effective as if it had been enacted into law as the regular
appropriations Act:
AN ACT
Making <<NOTE: Treasury, Postal Service, and General Government
Appropriations Act, 1997.>> appropriations for the Treasury Department,
the United States Postal Service, 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 <<NOTE: Treasury Department
Appropriations Act, 1997.>>
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 processing
equipment, software, and services for the Department of the Treasury,
$27,100,000, of which $15,000,000 shall be available to the United
States 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 Commercial Environment,
$3,475,000 may not be obligated until the Commissioner of Customs
consults with the Committees on Appropriations regarding deficiencies
identified by the General Accounting Office.
[[Page 110 STAT. 3009-315]]
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 Responsibility,
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 concerned 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 otherwise 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 notwithstanding any
other provision of law, not to exceed $7,500,000 shall
[[Page 110 STAT. 3009-316]]
be made available for the development of a Federal wireless
communication system: Provided further, That the Secretary of the
Treasury 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 administering 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 purchase equipment and services, and
of which $800,000 shall be available for project LEAD; of which
$18,300,000 shall be available to the Secretary as 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 disbursement
through grants, cooperative agreements or contracts, to local
governments for Gang Resistance Education and Training: Provided, That
notwithstanding sections 32401 and 310001, such funds shall be allocated
only to the affected State and local law enforcement and prevention
organizations participating in such projects.
Treasury Franchise Fund
There is hereby established in the Treasury a <<NOTE: 31 USC 501
note.>> franchise fund pilot, as authorized by section 403 of Public
Law 103-356, to be available as provided in such section for expenses
and equipment necessary for the maintenance and operation of such
financial and administrative support services as the Secretary
determines may be performed more advantageously as central services:
Provided, That any inventories, equipment, and other assets pertaining
to the services to be provided by such fund, either on hand or on order,
less the related liabilities or unpaid 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 available to the Department and
other Federal agencies for which such administrative and financial
services are performed, at rates which
[[Page 110 STAT. 3009-317]]
will recover all expenses of operation, including accrued leave,
depreciation of fund plant and equipment, amortization of Automatic Data
Processing (ADP) software and systems, and an amount necessary to
maintain a reasonable operating reserve, as determined 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 management,
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 miscellaneous 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 Training
Center, as a bureau of the Department of the Treasury, including
materials and support costs of Federal law enforcement basic training;
purchase (not to exceed 52 for police-type use, without regard to the
general purchase price limitation) and hire of passenger 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 participating 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 representation expenses; room and board for student
interns; and services as authorized by 5 U.S.C. 3109; $54,831,000, of
which up to $13,034,000 for materials and support costs of Federal law
enforcement basic training shall remain available until September 30,
1999: Provided, That <<NOTE: 42 USC 3771 note.>> the Center is
authorized to accept and use gifts of 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 Center-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 enforcement 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-
[[Page 110 STAT. 3009-318]]
Federal personnel to attend course development meetings and training 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 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.
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 assignment to the National Response
Team during the investigation of a bombing or arson incident requires an
employee to work 16 hours or more per day or to remain overnight at his
or her post of duty; not to exceed $12,500 for official reception and
representation expenses; for training of State and local law enforcement
agencies with or without reimbursement, including training in connection
with the training and acquisition of canines for explosives and fire
accelerants detection; provision of laboratory assistance to State and
local agencies, with or without reimbursement; $393,971,000, of which
$12,011,000, to remain available until
[[Page 110 STAT. 3009-319]]
expended, shall be available for arson investigations, with priority
assigned to any arson, explosion or violence against religious
institutions; which not to exceed $1,000,000 shall be available for the
payment of 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 payment 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
September 30, 1997: Provided further, That no funds appropriated herein
shall be available for salaries or administrative expenses in connection
with consolidating or centralizing, within the Department of the
Treasury, the records, or any portion thereof, of acquisition and
disposition of firearms maintained by Federal firearms licensees:
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 firearms disabilities under 18 U.S.C. 925(c): Provided
further, That no funds in this Act may be used to provide ballistics
imaging equipment to any State or local authority who has obtained
similar equipment through a Federal grant or subsidy unless the State or
local authority agrees to return that equipment or to repay that grant
or subsidy to the Federal Government: Provided further, That no funds
available for separation incentive payments as 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 pursuant to 18 U.S.C. 923(g)(4) by name or any
personal identification code.
laboratory facilities
For necessary expenses for design of a new facility or facilities,
to house the Bureau of Alcohol, Tobacco and Firearms National Laboratory
Center and the Fire Investigation Research and Development Center, not
to exceed 185,000 occupiable square feet, $6,978,000, to remain
available until expended: Provided, That these funds shall not be
available until a prospectus of authorization for the Laboratory
Facilities is approved by the House Committee on Transportation and
Infrastructure and the Senate Committee on Environment and Public Works.
[[Page 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 Omnibus 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 connection with preclearance operations, and
not to exceed $4,000,000 shall be available until expended for research
and not to exceed $1,000,000 shall be available until expended for
conducting special operations pursuant to 19 U.S.C. 2081 and up to
$6,000,000 shall be available until expended for the procurement of
automation 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
year:Provided 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 payments as authorized by section 663 of this Act
may be obligated without the advance approval of the House and Senate
Committees on Appropriations:Provided further, That the Spirit of St.
Louis Airport in St. Louis County, Missouri, shall be designated a port
of entry: Provided further, That no funds under this Act may be used to
provide less than 30 days public notice for any change in apparel
regulations: Provided further, That $750,000 shall be available for
additional part-time and temporary positions in the Honolulu Customs
District: Provided further, That of the funds appropriated $2,500,000
may be made available for the Western 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 operational 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
[[Page 110 STAT. 3009-321]]
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 appropriated herein
from the General Fund for fiscal year 1997 shall be reduced by not more
than $4,400,000 as definitive security issue fees and Treasury Direct
Investor Account Maintenance fees are collected, so as to result in a
final fiscal year 1997 appropriation from the General Fund estimated at
$165,335,000.
Internal Revenue Service
processing, assistance, and management
For necessary expenses of the Internal Revenue Service, not
otherwise provided for; including processing tax returns; revenue
accounting; providing assistance to taxpayers, management services, 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
[[Page 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 telecommunications
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 services as authorized by 5
U.S.C. 3109, at such rates as may be determined by the Commissioner,
$1,323,075,000, of which no less than $130,075,000 shall be available
for Tax Systems Modernization (TSM) development and deployment which
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 Modernization 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 Accounting Office in its July 1995
report, entitled: ``Tax Systems Modernization: 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.
[[Page 110 STAT. 3009-323]]
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.
Sec. 102. <<NOTE: 26 USC 7803 note.>> The Internal Revenue Service
shall maintain a training 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 Services.
Sec. 104. No funds available in this Act to the Internal Revenue
Service for separation incentive payments as authorized by section 663
of this Act may be obligated without the advance approval of the House
and Senate Committees on Appropriations.
Sec. 105. The Internal Revenue Service (IRS) may proceed with its
field support reorganization in fiscal year 1997 after it submits its
report, no earlier than March 1, 1997, to the Committees on
Appropriations of the House and Senate only if the IRS maintains, in
fiscal year 1997, the current level of taxpayer service employees that
work on cases generated through walk in 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 facilities 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.
[[Page 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 control, as may be necessary to
perform protective functions; for payment of per diem and/or subsistence
allowances to employees where a protective assignment during the actual
day or days of the visit of a protectee require an employee to work 16
hours per day or to remain overnight at his or her post of duty; the
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 protective 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 enforcement 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
[[Page 110 STAT. 3009-325]]
until a prospectus authorizing such facilities is approved in accordance
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 balances remaining in the
Fund on September 30, 1997, shall be made in compliance with the
reprogramming guidelines contained in the House and Senate reports
accompanying this Act.
Sec. 112. Appropriations to the Treasury Department in this Act
shall be available for uniforms or allowances therefor, as authorized 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 communications 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).
Sec. 114. <<NOTE: 26 USC 6103 note.>> The Internal Revenue Service
shall institute policies 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 availability
of amounts in the subsequent fiscal year for purposes authorized
under subsection (a).''
Sec. 117. Of the funds available to the Internal Revenue Service,
$13,000,000 shall be made available to continue the private sector debt
collection program which was initiated in fiscal year
[[Page 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(j) 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 Appropriations
Act, 1997''.
TITLE II--POSTAL SERVICE
Payments to the Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to 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 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
individual participating in a State or local program of child support
enforcement, 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 liabilities
of the former Post Office Department to the Employees' Compensation Fund
pursuant to 39 United States Code 2004, $35,536,000.
TITLE III--EXECUTIVE OFFICE OF THE <<NOTE: Executive Office
Appropriations Act, 1997.>> PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President and the White House Office
compensation of the president
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, <<NOTE: 3
USC 102 note.>> $250,000: Provided, That none of the funds made
available for official expenses shall be expended for any other purpose
and any unused amount shall revert to the Treasury pursuant to section
1552 of title 31, United States Code: Provided further, That none
[[Page 110 STAT. 3009-327]]
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 provided by 3 U.S.C. 103); not to
exceed $19,000 for official entertainment 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
[[Page 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 repayments 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 schedule for the development and
implementation of all projects included in the systems investment plan,
and a systems architecture plan.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council in carrying out its functions
under the Employment Act of 1946 (15 U.S.C. 1021), $3,439,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy 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 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.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $6,648,000: Provided, That
$3,000 of the funds 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.
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
[[Page 110 STAT. 3009-329]]
and 3 U.S.C. 107, and hire of passenger motor vehicles: Provided, That
$340,700 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.
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 appropriations 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 hearings released by the House and
Senate Committees on Appropriations 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 representation
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
[[Page 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 Forfeiture
Fund established by section 6073 of the Anti-Drug Abuse Act of 1988 (21
U.S.C. Sec. 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 Louisiana, Alabama, and Mississippi; of which
$8,000,000 shall be used for a newly designated High Intensity Drug
Trafficking Area dedicated to combating methamphetamine use, production
and trafficking 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 <<NOTE: Independent Agencies
Appropriations Act, 1997.>>
Committee for Purchase From People Who Are Blind or 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,
Public Law 92-28; $1,800,000.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, as 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.
[[Page 110 STAT. 3009-331]]
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109, including hire of experts and consultants,
hire of passenger motor vehicles, rental of conference rooms in the
District of Columbia and elsewhere; $21,588,000: Provided, That public
members of the 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 compensation as authorized by 5 U.S.C. 3109: Provided
further, That notwithstanding 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 buildings; rental of
buildings in the District of Columbia; restoration of leased premises;
moving governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation and transfer of space; contractual 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; acquisition 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 remain
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 services) as follows:
[[Page 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 Alteration,
$11,474,000
Washington:
Blaine, U.S. Border Station, $13,978,000
Oroville, U.S. Border Station, $1,452,000
Seattle, U.S. Courthouse, $16,853,000
Sumas, U.S. Border Station (Claim), $1,177,000
Nationwide:
Non-prospectus construction projects, $10,000,000
Security Enhancements, $27,256,000:
Provided, That each of the immediately foregoing limits of costs on new
construction projects may be exceeded to the extent that savings are
affected in other such projects, but not to exceed 10 percent unless
advance approval is obtained from the House and Senate Committees on
Appropriations of a greater amount: Provided further, That the cost of
future U.S. Courthouse annex projects shall reflect savings through
improving design efficiencies, curtailing planned interior finishes,
requiring more efficient use of courtroom and library space, and by
otherwise limiting space requirements: 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
[[Page 110 STAT. 3009-333]]
in the District of Columbia and $81,000,000 shall be available until
expended for design and construction activities at the Consolidated 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 acquisition, lease,
construction, and equipping of flexiplace work telecommuting centers in
West Virginia: Provided further, That all funds for direct construction
projects shall expire on September 30, 1999: (2) not to exceed
$639,000,000 shall remain available until expended, for repairs and
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
Committees 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 Building
and U.S. Courthouse, $4,140,000
Illinois:
Chicago, Everett M. Dirksen Federal Building, $18,844,000
Chicago, John C. Kluczynski, Jr. Federal Building (IRS),
$13,414,000
Louisiana:
New Orleans, Customhouse, $3,500,000
Maryland:
Montgomery County, White Oak environmental clean up
activities, $10,000,000
Massachusetts:
Andover, IRS Regional Service Center, $812,000
New Hampshire:
Concord, J.C. Cleveland Federal Building, $8,251,000
New Jersey:
Camden, U.S. Post Office-Courthouse $11,096,000
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
Texas:
Fort Worth, Federal Center, $11,259,000
Nationwide:
Chlorofluorocarbons Program, $23,456,000
Elevator Program, $10,000,000
Energy Program, $20,000,000
Security Enhancements, various buildings, $2,700,000
Basic Repairs and Alterations, $345,000,000:
[[Page 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 Appropriations 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 standards 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 appropriated 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 Service Laboratory in Ames, Iowa, which is
currently occupied by the Animal and Plant Health Inspection Service:
Provided further, That from funds made available for Basic Repairs and
Alterations, $1,450,000 may be available for the renovation of the
Pioneer Courthouse 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 associated
with ongoing construction of the U.S. Courthouse in Montgomery, 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 restoration 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
September 30, 1999, and remain in the Federal Buildings Fund except
funds for projects as to which funds for design or other funds have been
obligated in whole or in part prior to such date: Provided further, That
the amount provided in this or any prior Act for Basic Repairs and
Alterations may be used to pay claims against the Government arising
from any projects under the heading ``Repairs and 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 September 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
[[Page 110 STAT. 3009-335]]
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: Provided further, That the
Administrator of General Services shall, at the earliest practicable
date, initiate discussions with the Smithsonian Institution on the
feasibility of transferring Federal Building 10B located at 600
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 Enhancements, various buildings'' may be used, by
project in accordance with an approved prospectus: <<NOTE: 40 USC 872
note.>> Provided further, That the Administrator is authorized in
fiscal year 1997 and thereafter, to enter into and perform such leases,
contracts, or other transactions with any agency or instrumentality of
the United States, the several States, or the District of Columbia, or
with any person, firm, association, or corporation, as may be necessary
to implement the trade center plan at the Federal Triangle Project and
is hereby granted all the rights and authorities of the former
Pennsylvania Avenue Development Corporation (PADC) with regard to
property transferred 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
Administrator 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 expended: 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 directed 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 constructed 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 further, That funds
available in the Federal Buildings Fund may
[[Page 110 STAT. 3009-336]]
be expended for emergency repairs when advance approval is obtained from
the Committees on Appropriations of the House and Senate: Provided
further, That amounts necessary to provide reimbursable special services
to other agencies under section 210(f)(6) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)(6))
and amounts to provide such reimbursable fencing, lighting, guard
booths, and other facilities on private or other property not in
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 reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)(6))
in excess of $5,555,544,000 shall 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; procurement 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 property; 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 representation
expenses; $110,173,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $33,863,000: Provided, That not to
exceed $5,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
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 General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), and Public Law 95-138, $2,180,000:
Provided, That the 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.
[[Page 110 STAT. 3009-337]]
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 Government corporations
pursuant to law (40 U.S.C. 129).
Sec. 402. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
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 transfers shall be
approved in advance by the Committees on Appropriations of the House and
Senate.
Sec. 404. No funds made available by this Act shall be used to
transmit a fiscal year 1998 request for United States Courthouse
construction that does not meet the 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 usually 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 Amendments 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 historic district.
Sec. 407. (a) Section 210 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 490) is amended by adding at the end the
following new subsection:
``(l)(1) The Administrator may establish, acquire space for, and
equip flexiplace work telecommuting centers (in this subsection referred
to as `telecommuting centers') for use by employees of Federal agencies,
State and local governments, and the private sector in accordance with
this subsection.
``(2) The Administrator may make any telecommuting center available
for use by individuals who are not Federal employees to the extent the
center is not being fully utilized by Federal
[[Page 110 STAT. 3009-338]]
employees. The Administrator shall give Federal employees priority in
using the telecommuting centers.
``(3)(A) The Administrator shall charge user fees for the use of any
telecommuting center. The amount of the user fee shall approximate
commercial charges for 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 arrangements 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 Enforcement 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
inserting ``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 conveyance 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
subsections (b) and (c), the Administrator of General 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 Development'' all right, title, and interest of the
United States in and to those pieces or parcels of land in
Hopewell Township, Pennsylvania, described in subsection (b),
together with all
[[Page 110 STAT. 3009-339]]
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 paragraph
(1) is the parcel of land in the township of Hopewell, county of
Beaver, Pennsylvania, bounded and described as follows:
(A) Beginning at the southwest corner at a point
common to Lot No. 1, same plan, lands now or formerly of
Frank and Catherine 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 mentioned 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.
[[Page 110 STAT. 3009-340]]
(B) Thence by the northerly side thereof by the
following:
(i) South 14 degrees, 01 minutes, 54 seconds,
West, 56.94 feet to a point.
(ii) Thence by a curve to the right having a
radius of 225.00 feet for an arc distance of
207.989 feet to a point.
(iii) Thence South 66 degrees, 59 minutes, 45
seconds West, 192.08 feet to a point on the
southern boundary of Lot No. 1, which line is also
the line dividing Lot No. 1 from lands now or
formerly, of Frank and Catherine Wutter.
(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
property required under paragraph (1) shall be subject
to such terms and conditions as may be determined by the
Administrator to be necessary to safeguard the interests
of the United States. Such terms and conditions shall be
consistent with the terms and conditions set forth in
this section.
(B) Quitclaim deed.--The conveyance of property
required under paragraph (1) shall be by quitclaim deed.
(b) Limitation on Conveyance.--No part of any land conveyed under
subsection (a) may be used, during the 30-year period beginning on the
date of conveyance for any purpose other than economic development.
(c) Reversionary Interest.--
(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 development.
(2) Enforcing reversion.--The Administrator shall perform
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, Colorado,
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.
[[Page 110 STAT. 3009-341]]
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 Numbered 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 Oversight 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 holdings, $16,229,000 to remain available until
expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as amended,
$5,000,000 to remain available until expended.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, as
amended by Public Law 100-598, and the Ethics Reform Act of 1989, Public
Law 101-194, 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.
[[Page 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 Numbered 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 reimbursements 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 payment of per diem and/or subsistence allowances to
employees 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, including direct procurement of
printing materials for annuitants, for the retirement and insurance
programs, of which $3,500,000 shall be transferred at such times as the
Office of 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)(1) 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.
[[Page 110 STAT. 3009-343]]
general provisions--office of personnel management
Sec. 421. The first sentence of section 1304(e)(1) of title 5,
United States Code, is amended by inserting after ``basis'' the
following ``, including personnel management services performed at the
request of individual agencies (which would otherwise be the
responsibility 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
designated) the following:
``(B) During each pay period in which an enrollment
continues 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 amended,
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 Personnel Management's
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the Inspector
General is authorized to rent conference rooms in the District of
Columbia and elsewhere.
government payment for annuitants, employees health benefits
For payment 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.
[[Page 110 STAT. 3009-344]]
payment to civil service retirement and disability fund
For financing the unfunded liability of new and increased annuity
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: <<NOTE: 33 USC 776.>> Provided, That annuities authorized by
the Act of May 29, 1944, as amended, and the Act of August 19, 1950, as
amended (33 U.S.C. 771-75), may hereafter be paid out of the Civil
Service Retirement and Disability Fund.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12), Public Law 103-424, and the
Uniformed Services Employment and 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 and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $33,781,000: Provided,
That <<NOTE: 26 USC 7443 note.>> travel expenses of the judges shall be
paid upon the written certificate of the judge.
This title may be cited as the ``Independent Agencies Appropriations
Act, 1997''.
TITLE V--GENERAL PROVISIONS
This Act
Section 501. No part of any appropriation 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, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 503. Section 5131 of title 31, United States Code, is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as 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 Government
employee where funding an activity or paying a salary to
[[Page 110 STAT. 3009-345]]
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
prohibit or prevent, any officer or employee of the United
States Postal Service from having any direct oral or written
communication or contact with any Member or committee of
Congress in connection with any matter pertaining to the
employment of such officer or employee or pertaining to the
United States Postal Service in any way, irrespective of whether
such communication 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
efficiency rating, denies promotion to, relocates, reassigns,
transfers, 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.
Sec. 509. <<NOTE: 18 USC 3056 note.>> The United States Secret
Service may, during the fiscal year ending September 30, 1997, and
hereafter, accept donations of money to off-set costs incurred while
protecting former Presidents and spouses of former Presidents when the
former President or spouse travels for the purpose of making an
appearance or speech for a payment of money or any thing of value.
Sec. 510. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, 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 Management as still qualified to
perform the duties of his former position and has not been restored
thereto.
[[Page 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. 10a-10c, 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 financial
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. <<NOTE: 31 USC 5141 note.>> Notwithstanding any other
provision of law or regulation during the fiscal year ending September
30, 1997, and thereafter:
[[Page 110 STAT. 3009-347]]
(1) The authority of the special police officers of the
Bureau of Engraving and Printing, in the Washington, DC
Metropolitan area, extends to buildings and land under the
custody and control of the Bureau; to buildings and land
acquired by or for the Bureau through lease, unless otherwise
provided by the acquisition agency; to the streets, sidewalks
and open areas immediately adjacent to the Bureau along
Wallenberg Place (15th Street) and 14th Street between
Independence and Maine Avenues and C and D Streets between 12th
and 14th Streets; to areas which include surrounding parking
facilities used by Bureau employees, including the lots at 12th
and C Streets, SW, Maine Avenue and Water Streets, SW, Maiden
Lane, the Tidal Basin and East Potomac Park; to the protection
in transit of United States securities, plates and dies used in
the production of United States securities, or other products or
implements of the Bureau of Engraving and Printing which the
Director of that agency so designates.
(2) The authority of the special police officers of the
United States Mint extends to the buildings and land under the
custody and control of the Mint; to the streets, sidewalks and
open areas in the 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 Federal
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
[[Page 110 STAT. 3009-348]]
program procedures and coin specifications, designs, varieties,
quantities, denominations, and inscriptions as the Secretary, in the
Secretary's discretion, may prescribe from time to time.'': Provided,
That profits <<NOTE: 31 USC 5112 note.>> generated from the sale of
gold to the United States Mint for this program shall be considered as a
receipt to be deposited into the General Fund of the Treasury.
Sec. 524. Section 5112 of title 31, United States Code, is amended
by adding at the end the following new subsection:
``(k) The Secretary may mint and issue bullion and proof platinum
coins in accordance with such specifications, designs, varieties,
quantities, denominations, and inscriptions as the Secretary, in the
Secretary's discretion, may prescribe from time to time.'': Provided,
That the Secretary <<NOTE: 31 USC 5112 note.>> is authorized to use
Government platinum reserves stockpiled at the United States Mint as
working inventory 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.--Payments under subsection (a) shall not include
attorney fees or costs incurred with respect to any Congressional
hearing or investigation into the termination of employment 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
payment of such attorney fees and costs (including 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 Appropriations 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
[[Page 110 STAT. 3009-349]]
the Federal Bureau of Investigation any official background
investigation 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
circumstances involving national security.
Sec. 528. (a) Closing of Alley.--The alley bisecting the property on
which a facility is being constructed for use by the United States
Government at 930 H Street, N.W., Washington, District of Columbia, is
closed to the public, without regard to any contingencies.
(b) Jurisdiction.--The Administrator of General Services shall have
administrative jurisdiction over, and shall hold title on behalf of the
United States in, the alley, property, and facility referred to in
subsection (a).
Sec. 529. (a) Commemorative Coin Program 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
designated 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
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.''.
(b) Recovery of Mint Expenses Required Before Payment of Surcharges
to any Recipient Organization.--
(1) Clarification of law relating to deposit of surcharges
in the numismatic public enterprise fund.--Section 5134(c)(2) of
title 31, United States Code, is amended by inserting ``,
including amounts attributable to any surcharge
[[Page 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
allocable to the program under which such numismatic
item is produced and sold have been recovered; and
``(B) the designated recipient organization submits
an audited financial statement that demonstrates to the
satisfaction of the 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
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 amount, for an annual audit, in
accordance with generally 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
designated 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
recipient 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.
[[Page 110 STAT. 3009-351]]
``(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
department 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 General, all books, records, and work
papers belonging to or used by the organization, or by
any independent public accountant who audited the
organization in accordance with subparagraph (A), which
may relate to the receipt or expenditure of any such
amount by the organization.
``(3) Use of agents or attorneys to influence commemorative
coin legislation.--No portion of any payment 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
[[Page 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) <<NOTE: 31 USC 5134 note.>> Scope of application.--The
amendments made by this section shall apply with respect to the
proceeds of any surcharge imposed on the sale of any numismatic
item that are deposited in the 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 paragraph
(1) shall include, with respect to the calendar quarter at
issue--
``(A) a detailed financial statement, prepared in
accordance 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
commemorative coin programs; and
``(D) a description of the efforts of the Mint in
keeping the sale price of numismatic items as low as
practicable.''.
(d) Citizens Commemorative Coin Advisory Committee.--
(1) Fixed terms for members.--Section 5135(a)(4) of title
31, United States Code, is amended to read as follows:
``(4) Terms.--Each member appointed under clause (i) or
(iii) of paragraph (3)(A) shall be 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.--
[[Page 110 STAT. 3009-353]]
``(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.''.
(e) <<NOTE: 31 USC 5112 note.>> 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 threatening illness
of said employee.
Sec. 602. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 1997 shall obligate or expend any such funds, unless such
department, 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, department or
instrumentality of the United States which provides or proposes to
provide child care services for Federal employees may reimburse any
Federal employee or any person employed to provide such services for
travel, transportation, and subsistence expenses 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.
Sec. 604. <<NOTE: 31 USC 1343 note.>> Unless otherwise specifically
provided, the maximum amount allowable during the current fiscal year in
accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810),
for the purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $8,100 except station wagons for which the maximum shall
be $9,100: Provided, That these limits may be 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.
[[Page 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. <<NOTE: 5 USC 3101 note.>> Unless otherwise specified
during the current fiscal 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 international 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 payment
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 performed 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 disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
[[Page 110 STAT. 3009-355]]
(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 programs,
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 corporations
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 subsequently 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 any 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.
Sec. 611. <<NOTE: 40 USC 486a.>> 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:
``Sec. 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 carrying out of Acts requiring or authorizing the use of
such credits), but only when reimbursement therefor is made to the
Treasury from applicable appropriations of the agency.
``(b) <<NOTE: 31 USC 1306 note.>> Exception to Reimbursement
Requirement.--Credits described in subsection (a) that are received as
exchanged allowances, or as the proceeds of the sale of personal
property, may be used in whole or partial payment for the acquisition of
similar items, to the extent and in the manner authorized by law,
without reimbursement to the Treasury.''.
[[Page 110 STAT. 3009-356]]
(b) Applicability.--The amendment made by this section shall take
effect on the date of the enactment of this Act and shall 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 provisions 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 consequences 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. <<NOTE: 5 USC 5343.>> (a) Notwithstanding any other
provision of law, and 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 any
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
Service and General Government Appropriations Act, 1996, until
the normal effective date of the applicable wage survey
adjustment 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 General
Schedule; and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 1997 under section 5304 of
such title
[[Page 110 STAT. 3009-357]]
(whether by adjustment or otherwise), and the overall
average 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 determined under
regulations prescribed by the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates of premium 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 insurance, 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 payment 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 exceptions to
the limitations imposed by this section if the Office determines 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 department 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 improvements for any such
office, unless advance notice of such furnishing or redecoration is
expressly approved by the Committees on Appropriations 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 executive
branch agency shall purchase, construct, and/or lease any additional
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.
[[Page 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 pursuant to section 3302
of title 5, United States Code, without a certification 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
Department 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 discrimination 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
Employment 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. <<NOTE: 5 USC 7301 note.>> Notwithstanding any provision
of law, the President, or his designee, must certify to Congress,
annually, that no person or persons with direct or indirect
responsibility for administering
[[Page 110 STAT. 3009-359]]
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
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems 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 Whistleblower 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 disclosures 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
disclosure 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 nondisclosure 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
[[Page 110 STAT. 3009-360]]
States Government, 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 authorized 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 any product or
service subject to section 5124 of Public Law 104-106 and that will be
available under the procurement by the Administrator of General 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
delegation, 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 Government 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 <<NOTE: 31 USC 501 note.>> by deleting ``October 1, 1999'' and
inserting ``October 1, 2001''.
Sec. 628. (a) In General.--Notwithstanding any other provision 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 paying 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 government)--
(1) with respect to a loan or extension of credit for more
than 60 days, unless the President certifies to the Committee on
Banking, 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
[[Page 110 STAT. 3009-361]]
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 Disapproval.--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 disapproval, as described in
paragraph (5) of this subsection.
(1) Reference to committees.--All joint resolutions
introduced 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 resolution
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 individual
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.
[[Page 110 STAT. 3009-362]]
(D) A motion in the Senate to further limit 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
resolution'' 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 General Government 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 Amendment.--Section 640 of Public Law 104-52
(109 Stat. 513) <<NOTE: 5 USC 8401 note.>> is amended by striking
``Service performed'' and inserting ``Hereafter, service performed''.
(b) <<NOTE: 5 USC 8401 note.>> Effective Date.--The amendment made
by subsection (a) 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 paying 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 relationships, 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 legislation 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.--
[[Page 110 STAT. 3009-363]]
(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.''.
(b) <<NOTE: 5 USC 8341 note.>> 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''.
Sec. 636. <<NOTE: 5 USC prec. 5941 note.>> Reimbursements Relating
to Professional Liability Insurance.--(a) Authority.--Notwithstanding
any other provision 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
[[Page 110 STAT. 3009-364]]
professional liability insurance. A payment under this section shall be
contingent upon the submission of such information or documentation as
the employing agency may require.
(b) Qualified Employee.--For purposes of this section, the term
``qualified employee'' means an agency employee whose position 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
Representatives;
(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
insurance 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
litigation 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 individual'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. <<NOTE: 5 USC 5303 note.>> For purposes of each provision
of law amended by 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 authorized
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.
[[Page 110 STAT. 3009-365]]
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''.
Sec. 640. <<NOTE: 40 USC 1411 note.>> In reviewing and analyzing
the contracting out, outsourcing or privatization of business and
administrative functions, and in implementing 40 U.S.C. sections 1413
and 1423, and other provisions, in title LI of the National Defense
Authorization Act for fiscal year 1996 (the Information Technology
Management 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, analyses, 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 analysis 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 completed before September 1, 1999 and the Comptroller
General of the United States shall review and provide an
assessment of this program by January 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 Public 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''.
(b) <<NOTE: 5 USC 5509 note.>> Section 2--Effective Date.--This Act
shall take effect on October 1, 1998.
Sec. 642. (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 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''.
(b) <<NOTE: 5 USC 5509 note.>> 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, and General Government Appropriations
Act, 1996 (Public Law 104-52, 109 <<NOTE: 26 USC 7801 note.>> Stat.
510) is amended by striking ``Seven'' and inserting ``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
inserting ``Co-Chairs''.
[[Page 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
``Chairman'' 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) <<NOTE: 26 USC 7801 note.>> Effective Date.--The amendments
made by this section shall take effect as if included in the provisions
of the Treasury, 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) <<NOTE: 39 USC 202 note.>> Effective Date.--Subsection (a)
shall take effect at the 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
nonquantitative measures of regulatory costs and benefits;
(2) estimates of the costs and benefits (including
quantitative 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 Federal
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 <<NOTE: 31 USC 501 note.>> amended by deleting ``September 30,
1997'' and inserting ``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
[[Page 110 STAT. 3009-367]]
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 effective
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 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, Transportation,
Possession of Fictitious Financial Instruments Purporting To Be Those of
the States, of Political Subdivisions, 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:
``Sec. 514. Fictitious obligations
``(a) Whoever, with the intent to defraud--
``(1) draws, prints, processes, produces, publishes, or
otherwise 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
communication, 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 appearing,
representing, purporting, or contriving through scheme or artifice, 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.
[[Page 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) <<NOTE: 18 USC 474 note.>> Period of Effect.--This section and
the amendments made 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 department 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
administratively uncontrollable overtime comply with
Federal statutory 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
uncontrollable 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. <<NOTE: 5 USC 8133 note.>> Notwithstanding section 8116
of title 5, United States 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
[[Page 110 STAT. 3009-369]]
of any department or agency is authorized to pay from appropriations
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.
Sec. 653. <<NOTE: 18 USC 846 note.>> (a) Authorization.--The
Secretary of the Treasury is authorized to establish scientific
certification standards for explosives 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 Explosives
Incidents and Arson.
(a) Section 846 of title 18, United States Code, is amended
by--
(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
voluntarily reported to the Secretary by State and local
authorities.''.
(b) <<NOTE: 18 USC 846 note.>> 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
inserting ``; and''; and
(3) by adding after subparagraph (B) the following:
``(C) a Trustee may serve after the expiration of the
Trustee'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--
[[Page 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,
ordinary 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
commerce 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
qualified 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;
[[Page 110 STAT. 3009-371]]
``(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
program;
``(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 that--
``(i) 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 guardian 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
convicted 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.
[[Page 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 an 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(s)(3)(B)(i) of such title is amended by
inserting ``, 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) and 922(g)(9) and''
after ``except for''.
SEC. 659. THRIFT SAVINGS PLAN.
Title I--Additional <<NOTE: Thrift Savings Investment Funds Act of
1996. 5 USC 8401 note.>> Investment Funds for the Thrift Savings Plan
SEC. 101. SHORT TITLE
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 after paragraph (4) the following
new paragraph:
``(5) the term `International Stock Index Investment Fund'
means the International Stock Index Investment Fund established
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)--
[[Page 110 STAT. 3009-373]]
(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 Investment
Fund' means the Small Capitalization Stock Index Investment 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
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.
``(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
international 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
[[Page 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. <<NOTE: 5 USC 8438 note.>> EFFECTIVE DATE
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 <<NOTE: Thrift Savings Plan
Act of 1996.>>
SEC. 201. <<NOTE: 5 USC 8401 note.>> SHORT TITLE
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 participants
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 election 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
Director 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
available under subsection (b)''.
SEC. 203. IN-SERVICE WITHDRAWALS; WITHDRAWAL ELECTIONS, FEDERAL
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:
[[Page 110 STAT. 3009-375]]
``(b) Subject to section 8435 of this title, any employee or Member
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
paragraphs (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 subsection (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
defined 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
paragraph (3)(A)'' and inserting in lieu thereof
``Subject to paragraph (3)'';
(B) by striking out paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
(C) in paragraph (2) (as redesignated under
subparagraph (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
Director 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
available 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\1/2\''; and
(ii) by inserting ``or'' after the semicolon;
(C) by striking out subparagraph (B); and
[[Page 110 STAT. 3009-376]]
(D) by redesignating subparagraph (C) as
subparagraph (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 Executive Director shall provide in writing
the employee or Member 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
subsection:
``(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\1/2\; 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) shall be subject to such
other conditions as the Executive Director may prescribe by regulation.
``(5) A withdrawal may not be made under this subsection unless
the requirements of section 8435(e) of this title are satisfied.''.
(b) <<NOTE: 5 USC 8433 note.>> Invalidity of Certain Prior
Elections.--Any election made under section 8433(b)(2) 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 by the
Executive Director in accordance with section 207 of this title, shall
be invalid.
sec. 204. survivor annuities for former spouses; notice to federal
employees retirement system spouses for in-service withdrawals
Section 8435 of title 5, United States Code, is amended--
(1) in subsection (a)(1)(A)--
(A) by striking out ``may make an election under
subsection (b)(3) or (b)(4) or 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 subsection (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
[[Page 110 STAT. 3009-377]]
subsection (c)(1) of section 8433 of this title only if
the employee or Member (or former employee or Member)
satisfies 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
subparagraph (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
withdrawal'' 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
prescribes 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
Director prescribes by regulation''; and
(B) by striking out ``unless the bankruptcy judge or
magistrate elects, at such time and otherwise in such
manner as the Executive Director prescribes, one of the
options available under subsection (b)''.
[[Page 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
Director prescribes by regulation''; and
(B) by striking out ``unless the judge elects, at
such time and otherwise in such manner as the Executive
Director 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. <<NOTE: 5 USC 5545a note.>> EFFECTIVE DATE
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 practicable 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, Omaha, 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 Governors 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
ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investigations.
[[Page 110 STAT. 3009-379]]
``(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 Governors 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.''.
(3) <<NOTE: 39 USC 2009 note.>> Separate item in annual
budget.--For purposes of 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 Inspector 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 subpoenas,
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
protected 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,
[[Page 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 necessary
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 Governors 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
any 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 committees 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
Inspector General considers appropriate; and
``(ii) shall give particular regard to the activities of the
Postal Inspection Service with a view toward avoiding
duplication and insuring effective coordination and cooperation.
``(C) Any report required to be transmitted 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 Government 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 organizations 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 collective
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 <<NOTE: 5 USC app.>> redesignating the second
section which 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 General, United States Postal Service.''.
The amendment <<NOTE: 5 USC 5315 note.>> made by the preceding sentence
shall apply notwithstanding 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:
[[Page 110 STAT. 3009-381]]
``(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 comparability 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,''.
(d) <<NOTE: 39 USC 2802 note.>> Strategic Plans.--
(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
operations 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
paragraph--
(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
paragraph 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 Inspector
shall, with respect to the Postal Inspection Service, prepare a
strategic plan similar in content to that required under
paragraph (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.
[[Page 110 STAT. 3009-382]]
(e) <<NOTE: 39 USC 201 note.>> First Appointment; Transfers;
Transition Provision.--
(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, notwithstanding
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
Postal 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.
(f) Technical and Conforming Amendments.--
(1) Section 410(b) of title 39, United States Code, is
amended--
(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:
``Sec. 204. General Counsel; Judicial Officer; Chief Postal Inspector'';
(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
[[Page 110 STAT. 3009-383]]
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.''.
Sec. 663. <<NOTE: 5 USC 5597 note.>> Voluntary Separation
Incentives for Employees of Certain Federal Agencies.--(a)
Definitions.--For the purposes 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 incentive payment under section 3
of such Act;
(E) an employee who has previously received any
voluntary 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
obligating any resources for voluntary separation incentive
payments,
[[Page 110 STAT. 3009-384]]
shall submit to the House and Senate Committees on
Appropriations and the Committee on Governmental Affairs of the
Senate and the Committee on Government Reform and Oversight 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 payments
have been completed.
(2) Contents.--The agency's plan shall include--
(A) the positions and functions to be reduced or
eliminated, identified by organizational unit,
geographic location, 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
qualifying employee who voluntarily separates (whether
by retirement 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
Government 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
[[Page 110 STAT. 3009-385]]
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 Government.--An
individual who has received a voluntary separation incentive payment
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 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 incentive
payment under this section. For the purposes of this subsection,
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 benefit 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 government.
``(4) The Secretary's designation of a financial agent to
deliver EBT is a specialized service not available through
ordinary business channels and may be offered to the states
pursuant 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 participating states of the
opportunity to contract with the financial agent
[[Page 110 STAT. 3009-386]]
selected by the Secretary, as described in the Invitation for
Expressions of Interest to Acquire EBT Services for the Southern
Alliance 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 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
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 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 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
[[Page 110 STAT. 3009-387]]
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)(2)(D)(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 designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
Bureau of 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 Control Act of 1985, as amended.
[[Page 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 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.
[[Page 110 STAT. 3009-389]]
FUNDS APPROPRIATED TO THE PRESIDENT
Federal Drug Control Programs
special 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 Federal agencies for methamphetamine 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 requirement pursuant to section 251(b)(2)(D)(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.
TITLE VIII--FEDERAL FINANCIAL <<NOTE: Federal Financial Management
Improvement Act of 1996. 31 USC 3512 note.>> MANAGEMENT IMPROVEMENT
SEC. 801. SHORT TITLE
This title may be cited as the ``Federal Financial Management
Improvement Act of 1996.''
SEC. 802. <<NOTE: 31 USC 3512 note.>> 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 practices
have failed to--
(A) identify costs fully;
(B) reflect the total liabilities of congressional
actions; and
(C) accurately report the financial condition of the
Federal Government.
(3) Current Federal accounting practices do not accurately
report financial results of the Federal Government or the full
costs of programs and activities. The continued use of these
practices undermines the Government's ability to provide
credible and reliable financial data and encourages already
widespread 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
government and reduce the federal Government's ability to
address vital public needs adequately.
(5) To rebuild the accountability and credibility of the
Federal Government, and restore public confidence in the Federal
[[Page 110 STAT. 3009-390]]
Government, agencies must incorporate accounting standards and
reporting objectives established for the Federal Government 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, monitored, and
uniformly reported throughout the Federal Government.
(6) Since its establishment in October 1990, the Federal
Accounting Standards Advisory Board (hereinafter referred to as
the ``FASAB'') has made substantial progress toward developing
and recommending a comprehensive set of accounting concepts and
standards for the Federal Government. When the accounting
concepts and standards developed by FASAB are incorporated into
Federal financial management systems, agencies 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 support
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
Federal 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 Government
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. <<NOTE: 31 USC 3512 note.>> IMPLEMENTATION OF FEDERAL
FINANCIAL MANAGEMENT IMPROVEMENTS.
(a) In General.--Each agency shall implement and maintain
financial management systems that comply substantially with Federal
financial management systems requirements, applicable Federal accounting
standards, and the United States Government Standard General Ledger at
the transaction level.
(b) Audit Compliance Finding.--
[[Page 110 STAT. 3009-391]]
(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
financial 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
noncompliance;
(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 comply 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
agency's 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 remediation plan that shall include
resources, remedies, and intermediate target dates
necessary to bring the agency's financial management
systems into substantial compliance.
(B) If the determination of the head of the agency
differs from the audit compliance findings required in
subsection (b), the Director shall review such
determinations and provide a report on the findings to
the appropriate committees of the Congress.
[[Page 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 subsection (a) by the date specified under
subparagraph (B).
SEC. 804. <<NOTE: 31 USC 3512 note.>> REPORTING REQUIREMENTS.
(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 General who
prepares a report under section 5(a) of the Inspector General Act of
1978 (5 U.S.C. App.) shall report to Congress
instances 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 appropriate 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. <<NOTE: 31 USC 3512 note.>> CONFORMING AMENDMENTS.
(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
semicolon;
(2) by redesignating subparagraph (E) as subparagraph (F);
and
[[Page 110 STAT. 3009-393]]
(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 Financial
Management Improvement 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
Inspector <<NOTE: 5 USC app.>> 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.''
SEC. 806. <<NOTE: 31 USC 3512 note.>> 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'' means 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 financial systems and the
financial portions of mixed systems necessary to support
financial 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
activities;
(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
components thereof.
SEC. 807. <<NOTE: 31 USC 3512 note.>> 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'.''.
[[Page 110 STAT. 3009-394]]
(b) Section 5001 of Public Law 104-106 (110 Stat. 679; 40 U.S.C.
1401 note) is amended 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
General Government Appropriations Act, 1997''.
TITLE II--ECONOMIC <<NOTE: Economic Growth and Regulatory Paperwork
Reduction Act of 1996. 12 USC 226 note.>> 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 adjustable 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
transactions.
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.
[[Page 110 STAT. 3009-395]]
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 filing for officer and
director appointments.
Sec. 2209. Amendments to the Depository Institution Management
Interlocks 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. Disposition of 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 customers.
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.
[[Page 110 STAT. 3009-396]]
Subtitle D--Consumer Credit
Chapter 1--Credit Reporting Reform
Sec. 2401. Short title.
Sec. 2402. Definitions.
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
containing 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. Credit worthiness.
Subtitle E--Asset Conservation, Lender Liability, and Deposit Insurance
Protection
Sec. 2501. Short title.
Sec. 2502. CERCLA lender and fiduciary 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.
[[Page 110 STAT. 3009-397]]
Sec. 2602. Treatment of claims arising from breach of contracts
executed by the receiver or conservator.
Sec. 2603. Criminal sanctions for fictitious financial 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 principles.
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 liability partnerships.
Sec. 2614. Retirement certificates 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 designated reserve amount.
Sec. 2707. Assessment rates for SAIF members may not be less than
assessment 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. Definitions.
Sec. 2711. Deductions for special assessments.
(c) Definitions.--Except <<NOTE: 12 USC 252 note.>> as otherwise
specified in this title, the following definitions shall apply for
purposes of this title:
(1) Appraisal subcommittee.--The term ``Appraisal
Subcommittee'' means the Appraisal Subcommittee established
under section 1011 of the Federal Financial Institutions
Examination 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.
[[Page 110 STAT. 3009-398]]
(3) Board.--The term ``Board'' means the Board of Governors
of the Federal Reserve System.
(4) Corporation.--The term ``Corporation'' means the Federal
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. <<NOTE: 12 USC 2601 note.>> SIMPLIFICATION AND UNIFICATION OF
DISCLOSURES REQUIRED UNDER RESPA AND TILA FOR MORTGAGE
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 prescribe
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 appropriate 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
paragraph:
[[Page 110 STAT. 3009-399]]
``(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 Lending 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
protection.
``(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
disclosures, right of rescission, and other provisions
provide a benefit to the consumers who are parties to
such transactions, as determined by the Board.
``(B) The extent to which the requirements of this
title complicate, hinder, or make more expensive the
credit process for the class of transactions.
``(C) The status of the borrower, including--
``(i) any related financial arrangements of
the borrower, 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
residence 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:
[[Page 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 agricultural
purposes, as provided in section 7(1) of the Real Estate Settlement
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 Settlement Procedures Act of
1974 (12 U.S.C. 2601 et seq.) is amended--
(1) in <<NOTE: 12 USC 2602.>> section 3(7), by striking
``controlled business arrangement'' and inserting ``affiliated
business arrangement''; and
(2) in <<NOTE: 12 USC 2607.>> subsections (c)(4) and (d)(6)
of section 8, by striking ``controlled business arrangements''
and inserting ``affiliated business arrangements''.
(d) Disclosures by Telephone or Electronic Media.--Section 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 connection 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 requirement 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''.
[[Page 110 STAT. 3009-401]]
(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
effective date of such amendment--
``(A) eliminate the exemption for payments by an
employer to employees of such employer for referral
activities which is currently codified as section
3500.14(g)(1)(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)(1)(vii) of title 24 of the Code of Federal
Regulations, relating to employer-employee payments, 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'' and inserting ``Director of the Office of
Thrift Supervision''.
(2) Section 10(c)(1)(C) of the Real Estate Settlement
Procedures 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-Gonzalez
National Affordable Housing Act, the'' and inserting ``The''.
(h) Repeal of Obsolete Provisions.--The Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2601 et seq.) is amended by <<NOTE: 12
USC 2611-2613.>> striking sections 13, 14 and 15.
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
[[Page 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
discretion, may adjust the annual earned income and net asset
requirements of paragraph (1) for inflation.''.
SEC. 2105. ALTERNATIVE DISCLOSURES FOR ADJUSTABLE RATE MORTGAGES.
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
payment for a $10,000 loan originated at a recent interest rate,
as determined by the Board, assuming the maximum periodic
increases in rates and payments under the program, or a
historical example illustrating the effects of interest rate
changes implemented according to the loan program.''.
SEC. 2106. <<NOTE: 15 USC 1607.>> RESTITUTION FOR VIOLATIONS OF THE
TRUTH IN LENDING 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
following: ``reasonable, if (in the case of an agency referred
to in paragraph (1), (2), or (3) of subsection (a)), the agency
determines 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. LIMITATION ON LIABILITY 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 <<NOTE: 15 USC 1649 note.>> Date.--The amendment
made by subsection (a) shall be effective as of September 30, 1995.
[[Page 110 STAT. 3009-403]]
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 Insurance
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
subparagraphs (G) through (I), respectively.
(b) Conforming Amendments.--
(1) Revised statutes.--Section 5156A(b)(1) of the Revised
Statutes of the United States (12 U.S.C. 215c(b)(1)) 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
Insurance Act or any other'' and inserting ``under any''.
SEC. 2203. ELIMINATION OF DUPLICATIVE 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)(1)(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
company' means any company that directly or
indirectly controls a savings association or that
controls any other company that is a savings and
loan holding company.
``(ii) Exclusion.--The term `savings and loan
holding company' does not include a bank holding
company that is registered under, and subject to,
the Bank
[[Page 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)(1)) 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 subsection (c)(8), the Board shall solicit
comments and recommendations from the Director with
respect to such acquisition.
``(B) Comment period.--The comments and
recommendations 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 savings 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
Supervision.''.
[[Page 110 STAT. 3009-405]]
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 Insurance 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 INVESTMENTS IN
BANK PREMISES FOR WELL CAPITALIZED AND WELL MANAGED BANKS.
Section 24A of the Federal Reserve Act (12 U.S.C. 371d) is amended
to read as follows:
``SEC. 24A. INVESTMENT IN BANK PREMISES OR STOCK OF CORPORATION 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 system) 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.
[[Page 110 STAT. 3009-406]]
``(b) Definitions.--For purposes of this section--
``(1) the term `affiliate' 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 ORGANIZATIONS.
(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 qualifies
under this paragraph if all of the following criteria are met:
``(A) Financial criteria.--Both before and
immediately 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
institutions 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
transaction, 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 depository institutions
controlled by such holding company are well
managed.
``(ii) Limitation on poorly managed
institutions.--Except as provided in paragraph
(6), no insured depository institution controlled
by the acquiring bank holding company has received
1 of the 2
[[Page 110 STAT. 3009-407]]
lowest composite ratings at the later of the
institution's most recent examination or
subsequent review.
``(C) Activities permissible.--Following
consummation 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 regulation or order; and
``(ii) such other activities as are otherwise
permissible 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 consolidated 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 proposals
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
company 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 enforcement 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 paragraph
(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
acquisitions.--
``(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
[[Page 110 STAT. 3009-408]]
any company pursuant to paragraph (3), the bank
holding company shall provide written notice of
the proposal 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 holding
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 institutions 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
determines 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
capitalized', `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
capitalized' means a level of capitalization which
meets or exceeds all applicable Federal regulatory
capital standards.
``(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
[[Page 110 STAT. 3009-409]]
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
paragraph 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
institution 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 determines 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. 1831i) 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
otherwise, that such prior notice is appropriate.''; and
(2) in subsection (b), by striking ``30-day period'' and
inserting ``notice period, not to exceed 90 days,''.
SEC. 2210. AMENDMENTS TO THE DEPOSITORY INSTITUTION MANAGEMENT
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
[[Page 110 STAT. 3009-410]]
(3) by adding at the end the following: ``In order to allow
for inflation or market changes, the appropriate Federal
depository institutions regulatory agencies may, by regulation,
adjust, as necessary, the amount of total assets required for
depository institutions or depository holding companies under
this section.''.
(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
regulations'' 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 Supervision''; 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
appropriately;
(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
prohibit 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 Officers 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:
[[Page 110 STAT. 3009-411]]
``(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-1)
is amended by adding at the end the following new subsection:
``(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
consolidation--
``(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 11(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
[[Page 110 STAT. 3009-412]]
bank shall be subject to on-site examination by an
appropriate 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
standards 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
comprehensive 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
country of the foreign bank is developing a legal regime
to address money laundering or is participating in
multilateral efforts to combat money laundering.
``(C) Additional conditions.--In approving an
application under this paragraph, the Board, after
requesting and taking into consideration the views of
the appropriate 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 operations of the proposed branch, agency, or
commercial lending 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
paragraph 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
[[Page 110 STAT. 3009-413]]
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
application 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 supervision 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 Company 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:
[[Page 110 STAT. 3009-414]]
``(6) Exceptions.--The Director may, by regulation or order,
permit such exceptions to the prohibitions of this subsection 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 Company 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
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) by striking ``In general.--'' and inserting the
following: ``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
determination 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
determination 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
paragraph, 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. <<NOTE: 12 USC 3311.>> REQUIRED REVIEW OF REGULATIONS.
(a) In General.--Not less frequently than once every 10 years, the
Council and each appropriate Federal banking agency represented on the
Council shall conduct a review of all regulations prescribed by the
Council or by any such appropriate Federal banking agency, respectively,
in order to identify outdated or otherwise
[[Page 110 STAT. 3009-415]]
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 banking agency); 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 regulations 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
comments received under this section, identifying 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 carrying 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
associated with such issues by regulation, or whether such
burdens must be addressed by legislative action.
SEC. 2223. REPEAL OF IDENTIFICATION 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 Corporation
Improvement Act of 1991 (12 U.S.C. 251) is repealed.
(b) FIRREA.--Section 918 of the Financial Institutions Reform,
Recovery, and Enforcement <<NOTE: 12 USC 1833.>> 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--
[[Page 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
paragraph for the calendar year 1996, exceeds
``(B) such Consumer Price Index for the calendar
year 1975.
``(3) Rounding.--The dollar amount applicable under
paragraph (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) In general.--
``(A) Satisfaction of public availability
requirements.--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 subsection (a), the home office of the depository
institution receiving the request shall provide the
information pertinent 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.''.
[[Page 110 STAT. 3009-417]]
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
``paragraph, 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 affiliates'' 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 affiliate 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 affiliates 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''.
SEC. 2227. <<NOTE: 12 USC 252.>> 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
[[Page 110 STAT. 3009-418]]
National Credit Union Administration, the Administrator of the
Small Business Administration, and the Secretary of Commerce,
shall conduct a study and submit a report to the Congress
detailing the extent of small business lending by all creditors.
(2) Contents of study.--The study required under paragraph
(1) shall identify, to the extent practicable, those factors
which provide policymakers with insights into the small business
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 section
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 Regulatory
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
paragraph:
``(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;''.
[[Page 110 STAT. 3009-419]]
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:
``(j) 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
inconsistencies in the recommendations to be given to
such institution 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 consultation on
examination activities among all of the examiners of that agency
involved in examinations of the institution.''.
(b) Coordinated and Unified Examination Flexibility.--Section
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)(1)) 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 number of competent
outside directors to serve on the internal audit
committee of the institution.
[[Page 110 STAT. 3009-420]]
``(ii) Factors to be considered.--In
determining whether an insured depository
institution has encountered hardships referred to
in clause (i), the appropriate 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. <<NOTE: 15 USC 1691c-l.>> INCENTIVES FOR SELF-TESTING AND
SELF-CORRECTION.
``(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
conditions 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 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, department, or agency, or to the
general public; or
[[Page 110 STAT. 3009-421]]
``(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 remedy.--
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 paragraph (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
determination of the existence and application of that privilege in--
``(1) a court of competent jurisdiction; or
``(2) an administrative law proceeding with appropriate
jurisdiction.''.
(2) <<NOTE: 15 USC 1691c-l note.>> Regulations.--
(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
opportunity 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
compliance by a creditor with the Equal Credit
Opportunity Act.
(iii) Substantial similarity to certain fair
housing act regulations.--The regulations
prescribed 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:
[[Page 110 STAT. 3009-422]]
``SEC. 814A. <<NOTE: 42 USC 3614-1.>> INCENTIVES FOR SELF-TESTING AND
SELF-CORRECTION.
``(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
conditions 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,
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 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 remedy.--
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 paragraph (1)(B) is made; and
``(B) may not be used in any other action or
proceeding.
``(c) Adjudication.--An aggrieved person, complainant, department,
or agency that challenges a privilege asserted under this section may
seek a determination of the existence and application of that privilege
in--
[[Page 110 STAT. 3009-423]]
``(1) a court of competent jurisdiction; or
``(2) an administrative law proceeding with appropriate
jurisdiction.''.
(2) <<NOTE: 42 USC 3614-1 note.>> 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 definition 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 extensive 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
regulations 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) <<NOTE: 15 USC 1691c-l note.>> 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
prescribed under subsection (a)(2) or (b)(2) of this section, as
appropriate) conducted before, on, or after 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
jurisdiction; 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)(1)(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)(1)(A)(i) of that section.
[[Page 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 payment
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)(1) of the Home
Owners' Loan Act (12 U.S.C. 1467a(m)(1)) 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 section 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
[[Page 110 STAT. 3009-425]]
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
inserting 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
regulations 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. LIMITED PURPOSE BANKS.
(a) Growth Cap Relief.--Section 4(f)(3)(B) of the Bank Holding
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(11)) is amended to read as follows:
``(11) The failure to disclose in the initial written
communication 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
communications 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.''.
(b) Effective <<NOTE: 15 USC 1692e note.>> Date.--The amendment made
by subsection (a) 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.
[[Page 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 CORPORATIONS.
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 corporations 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 <<NOTE: Consumer Credit Reporting Reform Act of 1996. 15 USC
1601 note.>> 1--CREDIT REPORTING REFORM
SEC. 2401. SHORT TITLE.
This chapter may be cited as the ``Consumer Credit Reporting Reform
Act of 1996''.
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 unfavorable 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 employment 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 initiated by, any
consumer, or in connection with a
[[Page 110 STAT. 3009-427]]
review of an account under section
604(a)(3)(F)(ii); and
``(II) 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 appropriate
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 insurability,
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, information in the consumer's application for
the credit or insurance, 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 by 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 Initiated 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
[[Page 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 Commonwealth 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) employment purposes; or
``(C) any other purpose authorized under section
604.''; and
(4) by striking the second sentence and inserting the
following:
``(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
persons related by common ownership or affiliated
by corporate control; or
``(iii) any communication of other information
among persons related by common ownership or
affiliated by corporate control, if it is clearly
and conspicuously 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
extension 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 section 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:
[[Page 110 STAT. 3009-429]]
``(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
investigative 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 paragraph
(2); or
``(5) with respect to which--
``(A) the consumer who is the subject of the
communication--
``(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
employment 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 information that is acquired solely
for use in making the communication and is
actually used for no other purpose, need not be
disclosed other than under appropriate discovery
procedures in any court of competent jurisdiction
in which 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 Maintains 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 Maintains Files on
Consumers on a Nationwide Basis.--The term
[[Page 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
business.''.
SEC. 2403. FURNISHING CONSUMER REPORTS; USE FOR EMPLOYMENT PURPOSES.
(a) Furnishing Consumer Reports for Business Transactions.--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 inserting
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 Employment 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).
[[Page 110 STAT. 3009-431]]
``(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 furnish 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
(1)(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
[[Page 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 provided
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 paragraph (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
[[Page 110 STAT. 3009-433]]
``(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 thereafter, 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 number for consumers to use to
notify the agency of the consumer's
election under clause (i).
``(B) Establishment and maintenance as compliance.--
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 affiliates in
accordance 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
agencies.''.
(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
[[Page 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 <<NOTE: 15 USC 1681b note.>> Guidelines Regarding
Prescreening for Insurance Transactions.--The Federal Trade Commission
may issue such guidelines as it deems necessary with respect to the use
of consumer reports in connection with insurance transactions that are
not initiated 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 Information.--A consumer
reporting agency shall not furnish for employment purposes, or in
connection with a credit or insurance transaction 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
inserting ``$150,000'';
(B) in paragraph (2), by striking ``$50,000'' and
inserting ``$150,000''; and
(C) in paragraph (3), by striking ``$20,000'' and
inserting ``$75,000''.
(b) Clarification of Reporting Period.--Section 605 of the Fair
Credit Reporting Act (15 U.S.C. 1681c) (as amended by subsection (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
paragraphs (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 immediately 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 subsection:
``(d) Information Required To Be Disclosed.--Any consumer reporting
agency that furnishes a consumer report that contains
[[Page 110 STAT. 3009-435]]
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 withdrawal.''.
(d) Indication of Closure of Account; Indication of Dispute by
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 Consumer.--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 ``OBSOLETE
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 subsection:
``(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
business furnishes information to the agency with
respect to any consumer; or
[[Page 110 STAT. 3009-436]]
``(B) to whom a consumer report is provided by the
agency;
a notice of such person's responsibilities 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 by Users of
Reports.--Section 607 of the Fair Credit Reporting Act (15 U.S.C. 1681e)
is amended by adding after subsection (d) (as added by subsection (b) of
this section) the following new subsection:
``(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 person
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 information) 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)(1)) 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:
[[Page 110 STAT. 3009-437]]
``(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. 1681g) 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 summary
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
enforcing 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
additional 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.
[[Page 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 paragraph.
``(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)(1)(B)) is amended by
inserting ``and the written summary of the rights of the
consumer prepared pursuant to section 609(c)'' before the
semicolon.
(e) Form of Disclosures.--
(1) In general.--Subsections (a) and (b) of section 610 of
the Fair Credit Reporting Act (15 U.S.C. 1681h) 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
identification.
``(2) Disclosure in writing.--Except as provided in
subsection (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 <<NOTE: 15 USC 1681g note.>> disclosure.--Not
later than 90 days after the date of enactment of this Act, each
consumer reporting agency shall develop a form on which such
consumer reporting agency shall make the disclosures required
under section 609(a)
[[Page 110 STAT. 3009-439]]
of the Fair Credit Reporting Act, for the purpose of maximizing
the comprehensibility and standardization of such disclosures.
(3) Goals.--The <<NOTE: 15 USC 1681g note.>> Federal Trade
Commission shall take 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 Reporting
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--
(A) <<NOTE: 15 USC 1681g.>> in section 609(a), in
the matter preceding paragraph (1), by striking ``and
proper identification of any consumer'' and inserting
``, and subject to section 610(a)(1)'';
(B) <<NOTE: 15 USC 1681h.>> 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 dispute, 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
reinvestigate.--Subparagraph (B) shall not apply to any
reinvestigation 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
information.--
``(A) In general.--Before the expiration of the 5-
business-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
[[Page 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
irrelevant.--
``(A) In general.--Notwithstanding paragraph (1), a
consumer reporting agency may terminate a
reinvestigation of information disputed by a consumer
under that paragraph 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
determination, 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
subparagraph (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 consist 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 information.--
``(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
previously deleted material.--
``(i) Certification of accuracy of
information.--If any information is deleted from a
consumer's file pursuant to subparagraph (A), the
information may
[[Page 110 STAT. 3009-441]]
not be reinserted in the file by the consumer
reporting agency unless the person who furnishes
the information 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 available 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 telephone 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 information; 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
information to that consumer reporting agency may report
the results of a reinvestigation that finds incomplete
or inaccurate 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)--
[[Page 110 STAT. 3009-442]]
``(i) a statement that the reinvestigation is
completed;
``(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 information 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
reporting 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 regarding
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 provided 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 Disclosures.--
[[Page 110 STAT. 3009-443]]
``(1) In general.--Except as provided in subsections (b),
(c), and (d), a consumer reporting agency may impose a
reasonable 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 making the disclosure; and
``(B) for furnishing, pursuant to section 611(d),
following 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 beginning 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 furnishing such information.
``(2) Modification of amount.--The Federal Trade Commission
shall increase the amount referred to in paragraph (1)(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 Circumstances.--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 employment in
the 60-day period beginning on the date on which the
certification 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
[[Page 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
electronically--
``(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
provided 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
insurance 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 reporting 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).
[[Page 110 STAT. 3009-445]]
``(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 maintain
on file the criteria used to select the consumer to receive the
offer, all criteria bearing on credit worthiness or
insurability, 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
condition 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) of the Fair Credit
Reporting Act (15 U.S.C. 1681m(c)) is amended by striking ``subsections
(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 information 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
[[Page 110 STAT. 3009-446]]
603(k)(1)(A), taken in connection with a transaction
initiated by the consumer, or any adverse action
described in clause (i) or (ii) of section 603(k)(1)(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 affiliated by common
corporate control to the person taking
the action; and
``(II) bears on the credit
worthiness, credit standing, credit
capacity, character, general reputation,
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. 1681n) 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(1)), 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 person 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. 1681o) 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
[[Page 110 STAT. 3009-447]]
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. 1681o) 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 INFORMATION TO
CONSUMER REPORTING AGENCIES.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended--
(1) <<NOTE: 15 USC 1681t.>> by redesignating section 623 as
section 624; and
(2) by inserting after section 622 the following:
``SEC. <<NOTE: 15 USC 1681s-2.>> 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 knowledge of
errors.--A person shall not furnish any information
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
confirmation of errors.--A person shall not furnish
information 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
subparagraph (B) shall require a person to specify such
an address.
``(2) Duty to correct and update information.--A person
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 necessary to
make the information provided by the person to
[[Page 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
completeness 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 preceded 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
disputed 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 provided in section
621(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
[[Page 110 STAT. 3009-449]]
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 furnish 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 reporting
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 associate 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
additional source that has independent and direct
knowledge of the information; or
``(B) the person interviewed is the best possible
source of the information.''.
[[Page 110 STAT. 3009-450]]
SEC. 2415. INCREASED CRIMINAL PENALTIES FOR OBTAINING INFORMATION UNDER
FALSE PRETENSES.
(a) Obtaining Information Under False Pretenses.--Section 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 Federal
Trade Commission.--'' before ``Compliance with the
requirements'';
(2) in subsection (b), by striking the matter preceding
paragraph (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
[[Page 110 STAT. 3009-451]]
(3) in subsection (c), by adding at the end the following:
``Notwithstanding the preceding, no agency referred to in
subsection (b) may conduct an examination of a bank, savings
association, or credit union regarding compliance with the
provisions 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 determines
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
subsection:
``(c) State Action for Violations.--
``(1) Authority of states.--In addition to such other
remedies as are provided under State law, if 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
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
subparagraph (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;
[[Page 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
conferred on the chief law enforcement officer or such official
by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses 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
administrative 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 an action under this
section against any defendant named in the complaint of the
Commission 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 section
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
violation of section 623(a)(1), a State may not recover
any damages incurred before the date of the violation of
an injunction 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 and
affiliates of such persons, in consultation with Federal 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;
[[Page 110 STAT. 3009-453]]
``(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 subparagraph 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 initiated 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 persons who furnish information to consumer reporting
agencies, 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 enactment 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(l) 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 General 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
[[Page 110 STAT. 3009-454]]
``(C) gives greater protection to consumers than is
provided under this title.''.
SEC. 2420. <<NOTE: 15 USC 1681a note.>> EFFECTIVE DATE.
(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. <<NOTE: 15 USC 1681a note.>> 2421. RELATIONSHIP TO OTHER LAW.
Nothing in this chapter or the amendments made by this chapter 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, mothers' 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 business of making sensitive
consumer identification information available 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 IV of the Consumer Credit Protection Act (Public Law 90-321,
82 Stat. 164) is amended to read as follows:
[[Page 110 STAT. 3009-455]]
``TITLE <<NOTE: Credit Repair Organizations Act.>> IV--CREDIT REPAIR
ORGANIZATIONS
``Sec.
``401. Short title.
``402. Findings and purposes.
``403. Definitions.
``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. <<NOTE: 15 USC 1601 note.>> 401. SHORT TITLE.
``This title may be cited as the `Credit Repair Organizations Act'.
``SEC. <<NOTE: 15 USC 1679.>> 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
advertising and business practices by credit repair
organizations.
``SEC. 403. <<NOTE: 15 USC 1679a.>> 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'--
[[Page 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. <<NOTE: 15 USC 1679b.>> PROHIBITED PRACTICES.
``(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 standing, or credit
capacity to--
``(A) any consumer reporting agency (as defined in
section 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
applying 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
applying for an extension of credit;
``(3) make or use any untrue or misleading representation of
the services of the credit repair organization; or
[[Page 110 STAT. 3009-457]]
``(4) engage, directly or indirectly, in any act, practice,
or course of business that constitutes or results in the
commission 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. <<NOTE: 15 USC 1679c.>> 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
`` `You 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.
`` `You 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, employment, 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 employment 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.
`` `You 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.
`` `You 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.
`` `You 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.
[[Page 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 statement
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 consumer's
statement shall be maintained in the organization's files for 2
years after the date on which the statement is signed bythe
consumer.
``SEC. 406. <<NOTE: 15 USC 1679d.>> CREDIT REPAIR ORGANIZATIONS
CONTRACTS.
``(a) Written Contracts Required.--No services may be provided 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 subsection unless such
contract includes (in writing)--
``(1) the terms and conditions of payment, 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 of--
``(i) the date by which the performance of the
services (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
[[Page 110 STAT. 3009-459]]
contract without penalty or obligation at any time before
midnight 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.'.
``SEC. 407. <<NOTE: 15 USC 1679e.>> 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 contract shall
be accompanied by a form, in duplicate, which has the heading `Notice of
Cancellation' and contains in bold face type the following statement:
`` `You 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 ]
`` `I 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.
``SEC. 408. <<NOTE: 15 USC 1679f.>> NONCOMPLIANCE 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.
``SEC. 409. <<NOTE: 15 USC 1679g.>> CIVIL LIABILITY.
``(a) Liability Established.--Any person who fails to comply with
any provision of this title with respect to any other person
[[Page 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 Damages.--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
intentional; and
``(4) in the case of any class action, the number of
consumers adversely affected.
``SEC. 410. <<NOTE: 15 USC 1679h.>> ADMINISTRATIVE ENFORCEMENT.
``(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 pursuant to this
subsection, including the power to enforce the provisions of
this title in the same manner as if the violation had been a
violation of any Federal Trade Commission trade regulation rule,
without regard to whether the credit repair organization--
[[Page 110 STAT. 3009-461]]
``(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
remedies 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
subparagraph (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
instituting 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
conferred on the chief law enforcement officer or such official
by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses 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.
``SEC. 411. <<NOTE: 15 USC 1679i.>> 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
[[Page 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. <<NOTE: 15 USC 1679j.>> RELATION TO STATE LAW.
``This title shall not annul, alter, affect, or exempt any person
subject to the provisions of this title from complying 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. <<NOTE: 15 USC 1679 note.>> 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
worthiness 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 financial institutions in deciding whether an applicant
should be granted credit.
Subtitle E--Asset <<NOTE: Asset Conservation, Lender Liability, and
Deposit Insurance Protection Act of 1996. 42 USC 9601
note.>> Conservation, Lender Liability, and Deposit Insurance Protection
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 Environmental
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
[[Page 110 STAT. 3009-463]]
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
undertake 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
undertake 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 monitoring, 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
[[Page 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 natural person; or
``(II) a person that acquires
ownership or control 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
capacity' 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
customary or reasonable compensation, and incidental
benefits, 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 is 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,
[[Page 110 STAT. 3009-465]]
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 practicable, commercially reasonable
time, on commercially reasonable terms, taking
into account market conditions 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 capacity 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 handling 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
responsibility--
``(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
[[Page 110 STAT. 3009-466]]
relating to the extension, a covenant,
warranty, or other term or condition
that relates to environmental
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 otherwise 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
``(IX) conducting a response action
under section 107(d) or under the
direction of an on-scene coordinator
appointed under the National Contingency
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
Administration 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
`foreclosure' and `foreclose' mean, respectively,
acquiring, and to acquire, a vessel or facility
through--
[[Page 110 STAT. 3009-467]]
``(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;
``(II) conveyance pursuant to an
extension of credit previously
contracted, including the termination of
a lease agreement; or
``(III) any other formal or informal
manner by which the person acquires, for
subsequent disposition, 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 Insurance 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
Association, the Federal Home Loan
Mortgage Corporation, the Federal
Agricultural Mortgage Corporation, 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
`operational 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.''.
[[Page 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 storage tank and otherwise not engaged in
petroleum production, 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
Comprehensive 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 subparagraphs (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 subparagraph.''.
SEC. 2504. LENDER LIABILITY 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 Federal Regulations,
shall be deemed to have been validly issued under authority of the
Comprehensive Environmental Response, Compensation, and Liability 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
[[Page 110 STAT. 3009-469]]
Liability Act of 1980 (42 U.S.C. 9613(a)), no court shall have
jurisdiction to review the portion of the final rule issued by the
Administrator 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 amendments 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.
SEC. 2505. <<NOTE: 42 USC 6991b note.>> 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 paragraph
(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 CONTRACTS EXECUTED
BY THE RECEIVER OR CONSERVATOR.
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 paragraph:
``(20) Treatment of claims arising from breach of contracts
executed by the receiver or conservator.--Notwithstanding any
other provision of this subsection, any final
[[Page 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, Transportation,
Possession of Fictitious Financial Instruments Purporting to be Those of
the States, of Political Subdivisions, 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:
``Sec. 514. Fictitious obligations
``(a) Whoever, with the intent to defraud--
``(1) draws, prints, processes, produces, publishes, or
otherwise 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
communication, 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 appearing,
representing, purporting, or contriving through scheme or artifice, 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 beginning
on the date of the enactment of this Act, section 271 of the Truth in
Savings Act (12 U.S.C. 4310) is repealed.
[[Page 110 STAT. 3009-471]]
(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 paragraphs
(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''.
SEC. 2605. <<NOTE: 15 USC 1667 note.>> CONSUMER LEASING ACT AMENDMENTS.
(a) Congressional Findings and Declaration of Purposes.--
(1) Findings.--The Congress finds that--
(A) competition among the various financial
institutions 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
awareness 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
leasing 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 practices;
(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.--
[[Page 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. <<NOTE: 15 USC 1667f.>> REGULATIONS.
``(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
prescribed under paragraph (1) may contain classifications and
differentiations, and may provide for adjustments and exceptions
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
disclosure 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 purposes
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 <<NOTE: 15 USC 1667f note.>> date.--
(A) In general.--Any regulation of the Board, or any
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
subparagraph (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.
[[Page 110 STAT. 3009-473]]
(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 chapter 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 payments;
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
anticipated 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.''.
SEC. 2606. <<NOTE: 12 USC 1752a note.>> 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.--
[[Page 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
treatment 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,
administration of the Fund by an entity other than the
Administration;
(C) the 10 largest corporate credit unions in the
United States, conducted in cooperation with appropriate
employees of other Federal agencies with expertise in
the examination 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 enactment 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 appropriate.
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 depository 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-METROPOLITAN 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
metropolitan statistical area (as defined by the
Director of the
[[Page 110 STAT. 3009-475]]
Office of Management and Budget), in the cost and
availability 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 CONTRACTS.
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, notwithstanding any
assignment or novation of such obligation after October 27, 1977, unless
all parties to the assignment or novation specifically agree to include
a gold clause in the new agreement. Nothing in the preceding sentence
shall be construed to affect the enforceability 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 Economic 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, marriage (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 institution occurring after date of
enactment of this paragraph; and
[[Page 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 Insurance Act.''.
SEC. 2611. COOPERATIVE EFFORTS BETWEEN DEPOSITORY INSTITUTIONS 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 volatility 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 without
imposing undue burdens.
SEC. 2612. STREAMLINING PROCESS FOR DETERMINING NEW NONBANKING
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 hearing'' 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 subsection
(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 1(b) 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
authorized by this Act; and
[[Page 110 STAT. 3009-477]]
``(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
authorized 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
company, 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 manager of such company is not personally liable for a debt,
obligation, 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
``corporation'' 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
``corporation'' 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
``shareholders'' 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
shareholders'' and inserting ``any shareholder or member
of the company which is a national bank'';
(C) by striking ``its State bank shareholder or
shareholders'' and inserting ``any shareholder or member
of the company which is a State bank'';
(D) by striking ``such State bank or banks'' and
inserting ``any such State bank''; and
[[Page 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
``corporation'' 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
``corporations'' 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
inserting ``such depository institution'';
(4) by inserting ``or is a member of'' after ``that owns
stock in'';
(5) in paragraphs (1) and (2), by inserting ``or nonmember''
after ``nonstockholding''; and
(6) in the heading for such section by inserting ``or
nonmembers'' 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
``corporations'' and inserting ``companies''.
SEC. 2614. RETIREMENT CERTIFICATES OF DEPOSITS.
(a) In General.--Section 3(l)(5) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(l)(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 <<NOTE: 12 USC 1813 note.>> Date.--The amendments made
by subsection (a) shall apply to any liability of an insured depository
that arises 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 ENTERPRISES.
(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:
[[Page 110 STAT. 3009-479]]
``(e) Prohibition on Certain Associations.--
``(1) In general.--No insured credit union may be sponsored
by or accept financial support, directly or indirectly, from any
Government-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
subsection 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 Federal
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 membership 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.''.
(c) Effective <<NOTE: 12 USC 1781 note.>> Date.--The amendments made
by this section shall apply on and after January 1, 1996.
Subtitle <<NOTE: Deposit Insurance Funds Act of 1996.>> G--Deposit
Insurance Funds
SEC. 2701. <<NOTE: 12 USC 1811 note.>> SHORT TITLE.
This subtitle may be cited as the ``Deposit Insurance Funds Act of
1996''.
SEC. 2702. <<NOTE: 12 USC 1817 note.>> SPECIAL ASSESSMENT TO CAPITALIZE
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
[[Page 110 STAT. 3009-480]]
institutions that the Board of Directors, in its sole discretion,
determines (after taking into account the adjustments described in
subsections (g), (h), and (j)) will cause the Savings Association
Insurance 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 balance
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 determines to
be weak, from 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
paragraph (1), the Board of Directors shall exempt any
insured depository institution from payment of the
special assessment 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--
[[Page 110 STAT. 3009-481]]
(I) was established de novo in April
1994 in order to acquire the deposits of
a savings association which was in
default or in danger of default; and
(II) received minority interim
capital assistance 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
transaction 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
otherwise 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
depository 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 calculated
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 Insurance Fund are
not merged into the Deposit Insurance
Fund.
(B) Optional pro rata payment of special
assessment.--This paragraph shall not apply with respect
to any insured depository institution (or successor
insured depository institution) that has paid, during
any calendar
[[Page 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
remaining between the date of the payment and
December 31, 1999.
(g) Special Election for Certain Institutions Facing Hardship 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
subsection (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 paying 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 determines 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
[[Page 110 STAT. 3009-483]]
(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
paragraph (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 Association Insurance Fund.
(2) Adjusted attributable deposit amount.--For purposes 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 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
attributable 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--
[[Page 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 Association Insurance Fund.''.
(j) 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 subsection,
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 assessment 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.
[[Page 110 STAT. 3009-485]]
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 (f)(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
``institutions''; 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 \1/5\ 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
paragraphs (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-
assessable 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).
(c) Effective <<NOTE: 12 USC 1441 note.>> Date.--
(1) In general.--Subsections (a) and (c) and the amendments
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
[[Page 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 <<NOTE: 12 USC 1441 note.>> on Deposit Shifting.--
(1) In general.--Effective as of the date of the enactment
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 Corporation, 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
holding 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-assessable
deposits under section 7(b) of the Federal Deposit Insurance 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 subsection
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 depository institution.
SEC. 2704. MERGER OF BIF AND SAIF.
(a) In <<NOTE: 12 USC 1821 note.>> General.--
(1) Merger.--The Bank Insurance Fund and the Savings
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
Association Insurance Fund shall be transferred to the Deposit
Insurance Fund.
(3) No separate existence.--The separate existence of the
Bank Insurance Fund and the Savings Association Insurance Fund
shall cease.
(b) Special <<NOTE: 12 USC 1821 note.>> Reserve of the Deposit
Insurance Fund.--
(1) In general.--Immediately before the merger of the 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
[[Page 110 STAT. 3009-487]]
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.
(c) Effective <<NOTE: 12 USC 1821 note.>> Date.--This section and
the amendments made 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 Federal
Deposit Insurance Act (12 U.S.C. 1821(a)(4)) is amended--
(A) by redesignating subparagraph (B) as
subparagraph (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
available 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.--
''.
(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 deposited 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 amended
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
provide any assessment credit, refund, or other
payment from any amount in the Special Reserve.
``(B) Emergency use of special reserve.--
Notwithstanding subparagraph (A)(ii), the Corporation
may, in its sole discretion, transfer amounts from the
Special Reserve
[[Page 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
Associations Insurance Fund members'' and inserting ``to
insured depository institutions, and their successors,
which were Savings Association Insurance Fund members on
September 1, 1995''; and
(B) in subclause (II), by striking ``to Savings
Associations Insurance Fund members'' and inserting ``to
insured depository institutions, and their successors,
which were Savings Association Insurance Fund members on
September 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 Insurance
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
aggregate 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 future losses to the
fund.''
(B) Section 7.--Section 7 of the Federal Deposit
Insurance Act (12 U.S.C. 1817) is amended--
(i) by striking subsection (l);
(ii) by redesignating subsections (m) and (n)
as subsections (l) 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 11.--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
[[Page 110 STAT. 3009-489]]
(ii) by redesignating paragraph (8) as
paragraph (6).
(7) Section 5136 of the revised statutes.--The paragraph
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 paragraph 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 depository
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 emergency 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 11(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
conversions''; 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.
[[Page 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) <<NOTE: 12 USC 1464.>> in section 5--
(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)(1), 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 Insurance 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 Insurance 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) <<NOTE: 12 USC 1467a.>> in section 10--
(i) in subsection (e)(1)(A)(iii)(VII), by
adding ``or'' at the end;
(ii) in subsection (e)(1)(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)(1)(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)(1)(B)(ii) (12 U.S.C. 1735f-
14(b)(1)(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.'';
[[Page 110 STAT. 3009-491]]
(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
Association 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
Insurance 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
Insurance 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 Insurance 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
paragraph (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
paragraph (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)--
[[Page 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 (2)(F), 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
subparagraph (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 11(i)(3) (12 U.S.C. 1821(i)(3))--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as
subparagraph (B); and
(iii) in subparagraph (B) (as redesignated),
by striking ``subparagraphs (A) and (B)'' and
inserting ``subparagraph (A)'';
(J) in section 11A(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
Insurance Fund, the Savings Association Insurance
Fund,'' and inserting ``the Deposit Insurance
Fund'';
(K) in section 11A(b) (12 U.S.C. 1821a(b)), by
striking paragraph (4);
(L) in section 11A(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
[[Page 110 STAT. 3009-493]]
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
Savings 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
Savings 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 Insurance 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
[[Page 110 STAT. 3009-494]]
(ii) in paragraph (1), by striking ``the Bank
Insurance 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 Insurance 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
insurance fund'' each place such term appears and
inserting ``Deposit Insurance Fund'';
(X) in section 28 (12 U.S.C. 1831e), 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. 1831h);
(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
subsection 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
insurance 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
(CC) in section 38(o) (12 U.S.C. 1831o(o))--
(i) by striking ``Associations.--'' and all
that follows 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 amended--
(A) in section 951(b)(3)(B) (12 U.S.C.
1833a(b)(3)(B)), by striking ``Bank Insurance Fund, the
Savings Association
[[Page 110 STAT. 3009-495]]
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
Insurance 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.--
Notwithstanding clause (iii), the Corporation may, in
its sole discretion, transfer amounts from the Special
Reserve of the Savings Association Insurance Fund to the
Savings Association 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 designated 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.''.
[[Page 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 payment
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 factors considered under the risk-based
assessment system.
``(B) Refund not to exceed previous semiannual
assessment.--The amount of any refund under this
paragraph 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
insurance 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 FOR 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
[[Page 110 STAT. 3009-497]]
1996, and ending on December 31, 1998, the
assessment 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 comparable 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
provided 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 designated 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 assessments in excess of the amount
permitted under clauses (i) and (iii) with respect
to insured depository institutions that exhibit
financial, operational, or compliance weaknesses
ranging from moderately severe to unsatisfactory,
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 submit
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;
[[Page 110 STAT. 3009-498]]
(B) recommendations of the Secretary with regard to
the establishment of a common charter for insured
depository institutions (as defined in section 3 of the
Federal Deposit Insurance Act); and
(C) such recommendations for legislative and
administrative action as the Secretary determines to be
appropriate to implement the recommendations of the
Secretary under subparagraph (B).
SEC. 2710. <<NOTE: 12 USC 1821 note.>> DEFINITIONS.
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 (11)(a)(5)(A) of
the Federal Deposit Insurance Act, as that section existed on
the day before the date of enactment of this Act.
(2) BIF member, saif member.--The terms ``Bank Insurance
Fund member'' and ``Savings Association Insurance Fund member''
have the same meanings as in section 7(l) 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
association'', ``State savings bank'', and ``State depository
institution'' have the same meanings as in section 3 of the
Federal Deposit Insurance Act.
(4) Deposit insurance fund.--The term ``Deposit Insurance
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 Insurance 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. <<NOTE: 26 USC 162 note.>> DEDUCTION FOR SPECIAL ASSESSMENTS.
For purposes of subtitle A of the Internal Revenue Code of 1986--
[[Page 110 STAT. 3009-499]]
(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 megahertz
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
bidding 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 frequencies
described in subsection (a) available for competitive bidding, the
Commission shall--
(1) seek to promote the most efficient use of the spectrum;
and
(2) take into account the needs of public safety radio
services.
(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 application 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.
[[Page 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 Emergency
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 balances (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 1
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 extension
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 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.
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: 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.
[[Page 110 STAT. 3009-501]]
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 available 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 Columbia Public Schools and the District of Columbia Council and
subject to the approval of the Authority and the Committees on
Appropriations of the Senate and the House of Representatives, shall
provide program management services to assist in the short-term
management 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.--Notwithstanding
section 602(c)(1) of the District of Columbia Self-Government and
Governmental Reorganization Act (sec. 1-233(c)(1), 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 Financial
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
Saturdays, Sundays, and legal holidays) after the Authority
receives the Act from the Council''.
[[Page 110 STAT. 3009-502]]
(b) Specification of Penalty for Prohibited Acts.--Section
103(i)(1) of such Act (sec. 47-391.3(i)(1), 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)(1), 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 provisions
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 government) in
the same manner as such provisions apply to a contract 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
subsections (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 inserting
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),''.
(f) 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 Regulations.--
``(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 government, 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
regulation pursuant to this subsection, the Authority shall
notify the Mayor, the Council, the President, and Congress.
[[Page 110 STAT. 3009-503]]
``(3) No judicial review of decision to issue order.--The
decision by the Authority to issue an order, rule, or regulation
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 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 Management 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 Provided.--Funds
made available to the District of Columbia may be used to pay an
individual for employment already performed at the time of the
Authority's determination, or to pay a contractor or consultant for
services already provided at the time of the Authority's 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.--Section 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
[[Page 110 STAT. 3009-504]]
``(ii) a timetable by which an identification
described in clause (i)(I) will be made, and the
information 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 general.--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 amendment to the petition;
``(C) the eligible chartering authority determines
that the public charter school has the ability to meet
the educational 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 chartering
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.--Subject 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
[[Page 110 STAT. 3009-505]]
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 calendar 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
appropriate 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
Superintendent''; 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
provision of law relating to the disposition of a
facility or property 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 section 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
property--
``(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
[[Page 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
provision of law relating to the disposition of a
facility or property 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 section 2203(d)(2), or a Board of
Trustees, in leasing, or otherwise 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 Education; and
``(ii) is available for use because the Board
of Education is not using, for educational,
administrative, or other purposes, the facility,
real property, or designated area.''.
(e) Charter Renewal.--Section 2212 of the District of Columbia
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 unlimited
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.''.
(f) Charter Revocation.--Section 2213(a) of the District of
Columbia School Reform Act of 1995 (110 Stat. 1321-130) is amended 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--
[[Page 110 STAT. 3009-507]]
``(A) committed a violation of applicable laws or a
material violation of the conditions, terms, standards,
or procedures 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
reasons 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 member 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 receiving 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 of the
Board to 7.''.
(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 Appropriations 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.''.
[[Page 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 Trustees (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 Disposal
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
Superintendent of Schools of the District of Columbia, the
Mayor, the Council, the Administrator of General Services, and
education and community leaders involved in planning for an
agency or authority that will design and administer a
comprehensive 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 facility 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
operating 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.
[[Page 110 STAT. 3009-509]]
``(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 Financial Responsibility and Management
Assistance Authority shall administer the Fund and
receive all payments 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 inserting 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 available until
expended: Provided: That such amount is designated by Congress as an
emergency requirement pursuant to section
[[Page 110 STAT. 3009-510]]
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 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 available 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 appropriated
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 follows: (A)
``Government contributions to employees' life insurance 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 appropriated
under this heading in Public 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 systems
for the Capitol buildings and grounds, $3,250,000, which shall remain
available until expended.
[[Page 110 STAT. 3009-511]]
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 Financial
Operations of Congressional Award Program; Noncompliance 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 inserting
``October 1, 1999''.
(c) Savings <<NOTE: 2 USC 808 note.>> 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 Congressional 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
Sec. 5402. <<NOTE: 2 USC 141 note.>> 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
[[Page 110 STAT. 3009-512]]
provided, $8,900,000 shall be for establishment of additional explosive
detection K-9 teams at airports; $5,500,000 shall be for airport
vulnerability assessments; $18,000,000 shall be for the hire of
additional 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 implementation 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 emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
facilities and equipment
(airport and airway trust fund)
For additional necessary expenses for ``Facilities and
Equipment'', $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 Aviation
Administration to purchase and 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 scanners and explosive detection
portals for airport passengers: 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.
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.
[[Page 110 STAT. 3009-513]]
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 Control 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)
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
[[Page 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 conditions 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 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control 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: 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.
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,
[[Page 110 STAT. 3009-515]]
but at rates for individuals not to exceed the per diem rate equivalent
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 consortia 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 byway, 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 allocation 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 Transportation (or any other
official having control over the property described in subsection (b))
shall expeditiously convey to the Traverse 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 condition
established pursuant to subsection (a) or (d), any conveyance of
property described in subsection (b) shall be subject to the condition
that all right, title, and interest in and to the property so conveyed
shall immediately revert to the United States if the property, 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.
[[Page 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
section, 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 Service,
and the Michigan Audubon Society (each of which is referred to
in this section as a ``recipient''), subject to all easements,
conditions, reservations, exceptions, and restrictions contained
in prior conveyances of record.
(2) Limitation.--Notwithstanding paragraph (1), the
Secretary shall retain for the United States all right, title,
and interest in--
(A) any historical artifact, including any lens or
lantern, and
(B) the light, antennas, sound signal, towers,
associated lighthouse equipment, and any electronic
navigation equipment, which are active aids to
navigation,
which is located on the Property, or which relates to the
Property.
(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 shoreline 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
Secretary considers appropriate.
(2) Maintenance of navigation functions.--The Secretary
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
associated 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;
[[Page 110 STAT. 3009-517]]
(B) the recipients may not interfere or allow
interference in any manner with such aids to navigation
without express written permission from the United
States;
(C) 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) the 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 Certain 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 easement for an arc of
visibility, the nuisance easement, and the underground 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
recipient 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
facilities, 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;
[[Page 110 STAT. 3009-518]]
(B) there has been a reasonable opportunity for
public comment on the development or expansion, and full
consideration has been given to such public comment as
is provided; 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 conservation
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 property or interests cease to be used for
the purpose of historical 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 protection, 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
authority--
(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
necessary 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
MacKinac 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.
[[Page 110 STAT. 3009-519]]
(2) Identification of property.--The Secretary may identify,
describe, and determine the property to be conveyed under this
subsection.
(3) Exception.--The Secretary may not convey any historical
artifact, including any lens or lantern, located on the property
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
property under this subsection shall be subject to the condition
that all right, title, and interest in the property shall
immediately 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 history;
(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 Preservation 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 conveyance 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
equipment located on the property conveyed, 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;
(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.
[[Page 110 STAT. 3009-520]]
(4) Obligation limitation.--The owner of property conveyed
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 certain
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 conveyed
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
subsection a(1)(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 Financial
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 conduct
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, Public Law 104-170, and of
which $10,221,000 is for pesticide residue data collection for use in
risk assessment activities.
[[Page 110 STAT. 3009-521]]
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 Planning and
Assistance'' to increase Federal, State, and local preparedness 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 consumer 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
Technology'', $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.
[[Page 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. <<NOTE: 10 USC 2012 note.>> There is hereby established
on the books of the Treasury an account, ``Support for International
Sporting Competitions, 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, all 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.
[[Page 110 STAT. 3009-523]]
DIVISION <<NOTE: Oregon Resource Conservation Act of 1996.>> B--OREGON
RESOURCE CONSERVATION ACT OF 1996
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon Resource Conservation Act of
1996''.
TITLE I--OPAL <<NOTE: Opal Creek Wilderness and Opal Creek Scenic
Recreation Area Act of 1996. 16 USC 545b note.>> CREEK WILDERNESS AND
SCENIC RECREATION AREA
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 wilderness by
section 3(4) of the Oregon Wilderness Act of 1984 (Public Law
98-328; 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, comprising
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 section 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
drinking water source for communities served by the north
Santiam River.
SEC. 104. <<NOTE: 16 USC 1132 note.>> ESTABLISHMENT OF OPAL CREEK
WILDERNESS AND SCENIC 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
[[Page 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 incorporated
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
patented 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 number
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
[[Page 110 STAT. 3009-525]]
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 conflicting 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.
[[Page 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 Recreation Area.
(d) Transportation Planning.--
(1) In general.--Except as provided in this subparagraph,
motorized vehicles shall not be permitted in the Scenic
Recreation 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
transportation plan for the Scenic Recreation Area that:
(A) evaluates the road network within the Scenic
Recreation 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
disabilities 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
administrative purposes and for access by private
inholders, subject to such terms and conditions as the
Secretary may determine 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 subsection 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 determined
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
Secretary may allow the cutting of trees in the Scenic
Recreation Area only--
(i) for public safety, such as to control the
continued spread of a forest fire in the Scenic
Recreation
[[Page 110 STAT. 3009-527]]
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
leasing 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 Bornite 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, mining, 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
activities conducted on land within the Bornite 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 (Public
Law 98-328; 16 U.S.C. 1132).
(2) Interpretation.--Interpretive activities shall be
developed 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
[[Page 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 public:
(1) Advisory council.--The Secretary shall consult on a
periodic and regular basis with the advisory council established
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 Secretary
shall seek the views of any nonprofit agency or organization
that 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 establishment
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
[[Page 110 STAT. 3009-529]]
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 Secretary
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 limit 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 Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.).
(2) Liability.--Nothing in this title shall limit the
authority 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.
[[Page 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, S\1/2\
SE\1/4\ (80 acres).
(4) Section 2, Township 17 South, Range 4 East, SW\1/4\
SW\1/4\ (40 acres).
(5) Section 2, Township 17 South, Range 4 East, NW\1/4\
SE\1/4\ (40 acres).
(6) Section 8, Township 17 South, Range 4 East, SE\1/4\
SW\1/4\ (40 acres).
(7) Section 11, Township 17 South, Range 4 East, W\1/2\
NW\1/4\ (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 Practice, 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
consummated 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
marketability under subsection (a) and a determination of value for the
lands described in subsections (b) and (c) by the Secretary of
Agriculture. 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.
[[Page 110 STAT. 3009-531]]
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
confluence 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 Management
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
lateral 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 Plan.--As a condition for receiving
funding under subsection (b) of this section, the State of Oregon, in
consultation with Marion County and the Secretary of Agriculture, 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
[[Page 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 repayments.
TITLE II--UPPER KLAMATH BASIN
SEC. 201. UPPER KLAMATH BASIN ECOLOGICAL RESTORATION PROJECTS.
(a) Definitions.--In this section:
(1) Ecosystem restoration office.--The term ``Ecosystem
Restoration Office'' means the Klamath Basin Ecosystem
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 nominated 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
Restoration 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.
[[Page 110 STAT. 3009-533]]
(4) Task force.--The term ``Task Force'' means the Klamath
River Basin Fisheries Task Force as established 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 Commission''
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 consisting 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
propose 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 members.
(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 ensuring 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 Commission.
(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.
[[Page 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 accordance with nominations from the
appropriate groups, interests, and government agencies outlined in
subsection (a)(2).
(f) Rights, Duties and Authorities Unaffected.--The Working 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 nominated by
their represented groups, including:
(A) 5 representatives of private interests including
one each from hydroelectric production, livestock
grazing, timber, 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, including, but
not limited to, the Bureau of Reclamation, Bureau of Indian
Affairs, Bureau of Land Management, Fish and Wildlife Service,
Forest Service, Natural Resources Conservation
[[Page 110 STAT. 3009-535]]
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 constituting
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 and 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
authorized 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
voluntary 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
[[Page 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
appropriations 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 Working 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 Longview
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 Be 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 Be 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 Practice, 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.
(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
[[Page 110 STAT. 3009-537]]
(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 Department of
the Interior, Bureau of Land Management, located in Townships 2 and 3
South, Ranges 6 and 7 East, Willamette Meridian, 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 catastrophic 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
activities 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.
(a) <<NOTE: 25 USC 715c.>> 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.
[[Page 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
timber 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 management 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
reconveyed 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 manage the
Coquille Forest under applicable State and Federal forestry and
environmental protection laws, and subject to critical habitat
designations under the Endangered Species Act, and subject to
the standards and guidelines of Federal forest
[[Page 110 STAT. 3009-539]]
plans on adjacent or nearby Federal lands, now and in the
future. The Secretary shall otherwise manage the Coquille Forest
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
Forest shall be subject to the same Federal statutory
restrictions 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
encumbered.
``(i) The Secretary shall rescind the
agreement upon a demonstration that the tribe and
the State of Oregon are no longer engaged in a
memorandum 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 subsection,
preserving public access, advancing jointly-held resource
management goals, achieving tribal restoration objectives 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 law, or when the Coquille Indian Tribe and the
[[Page 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; Provided, 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 authority 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 addition
to the jurisdiction described in paragraph 7 of this subsection,
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
following subjects:
``(A) management, allocation and administration of
fish and wildlife resources, including but not limited
to establishment and enforcement of hunting and fishing
seasons, bag limits, limits on equipment and methods,
issuance of permits and licenses, and approval or
disapproval of hatcheries, game farms, and other
breeding facilities; Provided, 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
equipment 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
proprietary interests in the beds and banks of navigable
waterways;
``(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;
[[Page 110 STAT. 3009-541]]
``(H) regulation of the use of herbicides and
pesticides; and
``(I) enforcement of public 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
regulating 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 authority 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 subparagraph 10 of
this subsection on the Coquille Forest against the
Coquille Indian Tribe, its members and all other persons
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 jurisdiction 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 95-200
is <<NOTE: 16 USC 482b note.>> amended after ``referred to in this
subsection (a)'' by striking ``2(b)'' and inserting in lieu thereof
``2(c)''.
Sec. 602. The first sentence of section 2(b) of Public Law 95-200
is <<NOTE: 16 USC 482b note.>> amended after ``the policy set forth in
subsection (a)'' by inserting ``and (b)''.
Sec. 603. <<NOTE: 16 USC 482b note.>> Section 2(b) of Public Law
95-200 is redesigned as ``2(c)''.
Sec. 604 <<NOTE: 16 USC 482b note.>> (a) Public Law 95-200 is
amended by adding a new 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
[[Page 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
Secretary 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
quality in the area described in paragraph (1); or
(ii) for the protection, enhancement, or
maintenance 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 associated with
municipal water supply facilities.
(C) Salvage sales.--The Secretary of Agriculture may
not authorize a salvage sale in the area described in
paragraph (1).''
(b) <<NOTE: 16 USC 482b note.>> Redesignate subsequent subsections
of Public Law 95-200 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,
significant 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 recommendations, 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
[[Page 110 STAT. 3009-543]]
Agriculture and the House Committees on Resources and Agriculture 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.
TITLE <<NOTE: 16 USC 1132 note.>> 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 wilderness.
(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 wilderness, 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,
Department 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
[[Page 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 geographical
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 DIRECTION.
(a) In General.--The Secretaries of the Interior and Agriculture
(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 studying 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 consultation, coordination, and cooperation shall at
a minimum include, but not be limited to:
(1) working with ULEP to develop or assemble comprehensive
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
consolidation 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 environmentally 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
Congress, 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:
[[Page 110 STAT. 3009-545]]
(1) studying, identifying, and mapping areas where the
consolidation of land ownership via land exchanges could promote
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, identifying 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
consummation 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 government 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 Federal,
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.
[[Page 110 STAT. 3009-546]]
DIVISION <<NOTE: Illegal Immigration Reform and Immigrant Responsibility
Act of 1996.>> C--ILLEGAL IMMIGRATION REFORM AND IMMIGRANT
RESPONSIBILITY 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; SEVERABILITY.
(a) Short <<NOTE: 8 USC 1101 note.>> Title.--This division may be
cited as the ``Illegal Immigration Reform and Immigrant Responsibility
Act of 1996''.
(b) Amendments <<NOTE: 8 USC 1101 note.>> 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 <<NOTE: 8 USC 1101 note.>> 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. 1. Short title of division; amendments to Immigration and
Nationality Act; application of definitions
of such Act; table of contents of division;
severability.
TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION 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 from
immigration checkpoints.
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
[[Page 110 STAT. 3009-547]]
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
documents.
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 investigators of visa overstayers.
Sec. 133. Acceptance of State services to carry out immigration
enforcement.
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 document 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 offenses; new civil penalties for
document fraud.
Sec. 213. New criminal penalty for failure to disclose role as
preparer of false application for
immigration benefits.
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.
[[Page 110 STAT. 3009-548]]
Sec. 220. Subpoena authority in document fraud enforcement.
TITLE III--INSPECTION, APPREHENSION, 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 without
authorization 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 to 240C).
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 criminal 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 incarceration 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 passport and visa fraud.
Subtitle C--Revision of Grounds for Exclusion and Deportation
Sec. 341. Proof of vaccination requirement for immigrants.
[[Page 110 STAT. 3009-549]]
Sec. 342. Incitement of terrorist activity and provision of false
documentation 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
deportation.
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
designations.
Sec. 357. Removal of ancillary relief for voluntary departure.
Sec. 358. 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.
[[Page 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
enforcement of employer sanctions
provisions.
Sec. 414. Reports on earnings of aliens not authorized to work.
Sec. 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
immigration-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.
Sec. 505. Limitation on eligibility for preferential treatment of
aliens not lawfully present on basis of
residence for higher education benefits.
[[Page 110 STAT. 3009-551]]
Sec. 506. Study and report on alien student eligibility for
postsecondary Federal student financial
assistance.
Sec. 507. Verification of immigration status for purposes of
Social Security and higher educational
assistance.
Sec. 508. No verification requirement for nonprofit charitable
organizations.
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
counterfeiting 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 assistance 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.
[[Page 110 STAT. 3009-552]]
Sec. 593. Notification.
Sec. 594. Definitions.
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Refugees, Parole, and Asylum
Sec. 601. Persecution for resistance to coercive population
control methods.
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 petitions 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
Immigration and Naturalization Service.
Sec. 643. Regulations regarding habitual residence.
Sec. 644. Information regarding female genital mutilation.
Sec. 645. Criminalization of female genital mutilation.
[[Page 110 STAT. 3009-553]]
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;
requirements 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
Brunswick 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.
(e) Severability.--If <<NOTE: 8 USC 1101 note.>> 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 ENFORCEMENT
Subtitle A--Improved Enforcement at the Border
SEC. 101. 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,
[[Page 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 positions 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 Immigration and Naturalization Service
sectors along the border in proportion 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
deployment does not degrade or compromise the law enforcement
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 Representatives 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. <<NOTE: 8 USC 1103 note.>> IMPROVEMENT OF BARRIERS AT BORDER.
(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
Attorney 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 section 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 commence
construction of fences immediately following such acquisition
(or conclusion of portions thereof).
[[Page 110 STAT. 3009-555]]
(3) Safety features.--The Attorney General, while
constructing 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
system.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection not to exceed
$12,000,000. Amounts appropriated under this paragraph 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 General 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 boundaries 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 condemnation
proceedings pursuant to the Act of August 1, 1888 (Chapter 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
``subsection (c)'' and inserting ``subsection (d)''.
SEC. 103. <<NOTE: 8 USC 1103 note.>> 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 (including 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
[[Page 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 alien.''.
(b) Effective <<NOTE: 8 USC 1101 note.>> Dates.--
(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 designated 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 <<NOTE: 8 USC 1325 note.>> Date.--The amendments made
by subsection (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. <<NOTE: 8 USC 1103 note.>> HIRING AND TRAINING STANDARDS.
(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
[[Page 110 STAT. 3009-557]]
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.
SEC. 107. <<NOTE: 8 USC 1103 note.>> 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 General 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 Representatives 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.
(a) Findings.--The <<NOTE: 18 USC 758 note.>> 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:
``Sec. 758. High speed flight from immigration checkpoint
``Whoever flees or evades a checkpoint operated by the Immigration
and Naturalization Service, or any other Federal law enforcement 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.''.
[[Page 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
convicted 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 Representatives on the outcome
of the joint initiative under subsection (a), noting specific areas of
agreement and disagreement, and recommending further steps to be taken,
including any suggestions for legislation.
SEC. 110. <<NOTE: 8 USC 1221 note.>> AUTOMATED ENTRY-EXIT CONTROL
SYSTEM.
(a) System.--Not later than 2 years after the date of the enactment
of this Act, the Attorney General shall develop an automated 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
successfully 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.
[[Page 110 STAT. 3009-559]]
(C) The number of aliens who arrived as
nonimmigrants, or as a visitor under the visa waiver
program under section 217 of the Immigration and
Nationality Act, for whom no matching departure record
has been obtained through the system or through other
means as of the end of the alien's authorized period of
stay, with an accounting by the alien's country of
nationality and date of arrival in the United States.
(c) Use of Information on Overstays.--Information regarding 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 Representatives and
of the Senate a final plan regarding the redeployment 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 conference
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 General 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 Naturalization 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.
[[Page 110 STAT. 3009-560]]
SEC. 122. LAND BORDER INSPECTION AND AUTOMATED PERMIT PILOT PROJECTS.
(a) Extension of Land Border Inspection Project Authority;
Establishment of Automated Permit Pilot Projects.--Section 286(q)
is <<NOTE: 8 USC 1356.>> amended--
(1) by striking the matter preceding paragraph (2) and
inserting the following:
``(q) Land Border Inspection Fee Account.--(1)(A)(i) Notwithstanding
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 terminate
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 commenced
before the date of the enactment of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, 30 days after submission of a
written plan 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 subparagraph.
``(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 Appropriation Act, 1994
(Public Law 103-121, 107 Stat. 1161) <<NOTE: 8 USC 1356 note.>> is
amended 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 section 235 the following:
``preinspection at foreign airports
``Sec. 235A. (a) Establishment <<NOTE: 8 USC 1225a.>> of
Preinspection Stations.--
``(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.
[[Page 110 STAT. 3009-561]]
``(2) Report.--Not later than October 31, 1998, the Attorney
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
consultation 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
members 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 Refugees (done at New
York, January 31, 1967), or that an alien in the country
otherwise has recourse to avenues of protection from
return to persecution.
``(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.''.
[[Page 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 <<NOTE: 8 USC 1356
note.>> amendments made by paragraph (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
amended 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
requirements 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 General may suspend the entry of some or all aliens
transported to the United States by such airline.''.
(2) Deadline.--The <<NOTE: 8 USC 1182 note.>> Attorney
General shall first issue, in 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 General
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 privileges 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 investigators and support
personnel to investigate potential violations
[[Page 110 STAT. 3009-563]]
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 available 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 Naturalization
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 IMMIGRATION
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 adequate 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 agreement 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 General 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.
[[Page 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 agreement
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
Naturalization Service to carry out the functions of the Service, in
order to ensure the effective enforcement of this Act.''.
(b) Effective <<NOTE: 8 USC 1103 note.>> Date.--The amendment made
by subsection (a) shall take effect 90 days after the date of the
enactment of this Act.
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
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
[[Page 110 STAT. 3009-565]]
wrecking trains), a felony violation of section 1028 (relating
to production of false identification documentation), section
1425 (relating to the procurement of citizenship or
nationalization 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 (l);
(3) by redesignating paragraphs (m), (n), and (o) as
paragraphs (n), (o), and (p), respectively; and
(4) by inserting after paragraph (l) the following new
paragraph:
``(m) a violation of section 274, 277, or 278 of the
Immigration 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 104-132, 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
(relating 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)(1)(B)(i) (8 U.S.C.
1324(a)(1)(B)(i)) is amended by inserting ``or in the case of a
violation 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)--
[[Page 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
transaction constituting a violation of this paragraph, regardless of
the number of aliens involved'' and inserting ``for each alien in
respect to whom a violation of this paragraph occurs''.
(e) Sentencing <<NOTE: 28 USC 994 note.>> Guidelines.--
(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. 2L1.1(b)(2)), and increase
the sentencing enhancement by at least 50 percent above
the
[[Page 110 STAT. 3009-567]]
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
sentencing 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
recklessly places another in serious danger of
death or serious bodily injury;
(F) consider whether a downward adjustment is
appropriate 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
mitigating circumstances warrant upward or downward
sentencing adjustments.
(3) Emergency authority to sentencing commission.--The
Commission shall promulgate the guidelines or amendments
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.
(f) Effective <<NOTE: 8 USC 1324 note.>> 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 ATTORNEYS.
(a) In General.--The number of Assistant United States Attorneys
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:
[[Page 110 STAT. 3009-568]]
``undercover investigation authority
``Sec. 294. <<NOTE: 8 USC 1363a.>> (a) In General.--With respect to
any undercover 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
heading `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 Government
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 paragraph (1),
(2), (3), or (4) is necessary for the conduct of the undercover
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 miscellaneous 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
[[Page 110 STAT. 3009-569]]
as the Commissioner or Commissioner's designee determines practicable,
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 amended by
striking ``imprisoned not more'' and all that follows through ``years''
each place it appears and inserting the following: ``imprisoned 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)''.
(b) Changes <<NOTE: 28 USC 994 note.>> 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
[[Page 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
subsection.
(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
sentencing 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
mitigating circumstances warrant upward or downward
sentencing adjustments.
(3) Emergency authority to sentencing commission.--The
Commission shall promulgate the guidelines or amendments
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 <<NOTE: 18 USC 1028 note.>> 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. 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
following: ``or obtaining a benefit under this Act'';
and
(C) by striking ``or'' at the end;
(4) in paragraph (4)--
[[Page 110 STAT. 3009-571]]
(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
connection with such application or document, with knowledge or
in reckless disregard of the fact that such application or
document 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 amended 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 document, 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).''.
(e) Effective <<NOTE: 8 USC 1324c note.>> Date.--Section 274C(f) of
the Immigration and Nationality Act, as added by subsection (b), applies
to the preparation 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 APPLICATION FOR IMMIGRATION 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 jurisdiction 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
[[Page 110 STAT. 3009-572]]
in preparing an application which was falsely made (as defined in
subsection (f)) for immigration benefits, shall be fined in accordance
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 preparing any other such
application.''.
SEC. 214. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT 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
employment 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:
``Sec. 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
independently of voting for a candidate for such Federal
offices, in such a manner that an alien has the opportunity to
vote for
[[Page 110 STAT. 3009-573]]
such other purpose, but not an opportunity to vote for a
candidate 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 beginning 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
aircraft 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)(1) 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)(1) 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.
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''.
(b) Review <<NOTE: 28 USC 994 note.>> of Sentencing Guidelines.--The
United States Sentencing Commission shall ascertain whether there exists
an unwarranted disparity--
[[Page 110 STAT. 3009-574]]
(1) between the sentences for peonage, involuntary
servitude, and slave trade offenses, and the sentences for
kidnapping offenses in effect on the date of the enactment of
this Act; and
(2) between the sentences for peonage, involuntary
servitude, 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 sentencing
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
sentences 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
appropriateness 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 amendments
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 <<NOTE: 18 USC 1581 note.>> 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. 219. ADMISSIBILITY 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.''.
[[Page 110 STAT. 3009-575]]
SEC. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD ENFORCEMENT.
Section 274C(d)(1) (8 U.S.C. 1324c(d)(1)) 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
Commissioner 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, APPREHENSION, 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 WITHOUT
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 permitted
to land temporarily as an alien crewman shall not be considered 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
continuous 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 extradition
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.--
[[Page 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 paragraph:
``(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) who--
``(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 Attorney 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 General or is present in the United
States without being admitted or paroled.
[[Page 110 STAT. 3009-577]]
``(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
presence in the United States under
clause (i).
``(II) 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
presence in the United States under
clause (i) unless the alien during such
period was employed without
authorization in the United States.
``(III) Family unity.--No period of
time in which the alien is a beneficiary
of family unity protection pursuant to
section 301 of the Immigration 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
Attorney General 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
[[Page 110 STAT. 3009-578]]
``(II) 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 General has
consented to the alien's reapplying for
admission.''.
(2) Limitation on change of status.--Section 248 (8 U.S.C.
1258) is amended by inserting ``and who is not inadmissible
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 <<NOTE: 8 USC 1182 note.>> of unlawful
presence before effective 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 subjected 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
cruelty, and
[[Page 110 STAT. 3009-579]]
``(III) there was a substantial
connection between the battery or
cruelty described in subclause (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
determine 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
inadmissible. ''.
(2) Transition <<NOTE: 8 USC 1182 note.>> for battered
spouse or child provision.--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
admitted 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 INADMISSIBLE
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 international 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 subsection
(b)(1)(B). A stowaway may apply for asylum only if
[[Page 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 applicant 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
applying for admission may, in the discretion of the Attorney
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, including
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
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 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
officer 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 inadmissible 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
designation shall be in the sole and
unreviewable discretion 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
[[Page 110 STAT. 3009-581]]
immigration officer, that the alien has
been physically 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
established a credible fear of
persecution. A copy of the officer's
interview notes shall be attached to the
written summary.
``(III) Review of determination.--
The Attorney General shall provide by
regulation and upon the alien's request
for prompt review by an immigration
judge of a determination under subclause
(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 questioned 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 subject 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
Attorney 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 persons of the alien's
choosing prior to the interview or any review
thereof, according to regulations prescribed
[[Page 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
paragraph, the term `asylum officer' means an
immigration officer who--
``(i) has had professional training in country
conditions, asylum law, and interview techniques
comparable 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
substantial 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
admission, 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.
[[Page 110 STAT. 3009-583]]
``(C) Treatment of aliens arriving from contiguous
territory.--In the case of an alien described in
subparagraph (A) who is arriving on land (whether or not
at a designated port of arrival) from a foreign
territory contiguous 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 examining
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 immigration
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
General; 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 General shall
specify the further inquiry or hearing that shall be conducted
in the case.
``(3) Submission of statement and information.--The alien or
the alien's representative may submit a written statement and
additional information for consideration by the Attorney
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--
[[Page 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
evidence.--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 <<NOTE: 8 USC 1225 note.>> Study on Operation of Expedited
Removal Procedures.--
(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 determinations, 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 submit
to the Committees on the Judiciary of the House of
Representatives and the Senate a report on the study conducted
under paragraph (1).
[[Page 110 STAT. 3009-585]]
SEC. 303. APPREHENSION AND DETENTION OF ALIENS (REVISED SECTION 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 warrant issued
by the Attorney General, 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 subsection (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 custody
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
protection to a witness, a potential witness, a person
cooperating with an investigation into major criminal activity,
or an immediate 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
[[Page 110 STAT. 3009-586]]
a procedure that considers the severity of the offense committed
by the alien.
``(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
Federal, 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 available--
``(A) to inspectors at ports of entry and to border patrol
agents at sector headquarters for purposes of immediate
identification 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 <<NOTE: 8 USC 1226 note.>> Date.--
(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 Naturalization
Service personnel available to carry out section 236(c) of the
Immigration and Nationality Act, as amended by subsection (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
General 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.--
[[Page 110 STAT. 3009-587]]
(A) In general.--During the period in which this
paragraph 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
probation, 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
designated 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--
(1) <<NOTE: 8 USC 1224.>> 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
``Sec. <<NOTE: 8 USC 1229.>> 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
following:
``(A) The nature of the proceedings against the
alien.
[[Page 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
immediately provide (or have provided) the Attorney
General 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
failure 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 proceedings.--
``(A) In general.--In removal proceedings under
section 240, in the case of any change or postponement
in the time and place of such proceedings, subject to
subparagraph (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
detention, 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
[[Page 110 STAT. 3009-589]]
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 deportable, 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 enforceable
by any party against the United States or its agencies or officers or
any other person.
``removal proceedings
``Sec. 240. <<NOTE: 8 USC 1229a.>> (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
inadmissibility under section 212(a) or any applicable ground of
deportability 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
telephone conference.
``(B) Consent required in certain cases.--An
evidentiary hearing on the merits may only be conducted
[[Page 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 safeguards
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
represented, 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 information 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 written 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 purposes 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
disposition 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
[[Page 110 STAT. 3009-591]]
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
administrative 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 behavior.
Nothing in this paragraph shall be construed as limiting the authority
of the Attorney General to take actions with respect to inappropriate
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 exceptional
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 certification.
``(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
[[Page 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 document,
if any, and any other records and documents, not considered 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 sentence.
``(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
authenticity.
[[Page 110 STAT. 3009-593]]
``(4) Notice.--If the immigration judge decides that the
alien is removable and orders the alien 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
affidavits 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
administrative 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
serious 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.
[[Page 110 STAT. 3009-594]]
``cancellation of removal; adjustment of status
``Sec. 240A. <<NOTE: 8 USC 1229b.>> (a) Cancellation of Removal for
Certain 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 deportable 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
immediately 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
exceptional 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 residence.
``(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 battered 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
character during such period;
``(D) the alien is not inadmissible under paragraph
(2) or (3) of section 212(a), is not deportable under
paragraph (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.
[[Page 110 STAT. 3009-595]]
``(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
adjustments 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 subsections
(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
nonimmigrant exchange alien as defined in section
101(a)(15)(J) or has acquired the status of such a
nonimmigrant exchange alien after admission other than
to receive graduate medical education or training,
``(B) is subject to the two-year foreign residence
requirement 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), whichever 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.
[[Page 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 continuous 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 cancel the
removal and adjust the status under this section, nor suspend 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. <<NOTE: 8 USC 1229c.>> (a) Certain Conditions.--
``(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 specified.
``(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 preceding 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;
[[Page 110 STAT. 3009-597]]
``(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 alien is permitted
to depart voluntarily under this section and fails voluntarily 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 voluntarily 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 departure
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.
(2) Effective <<NOTE: 8 USC 1252a note.>> date.--The
amendments made by paragraph (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),
[[Page 110 STAT. 3009-598]]
(2) by redesignating section 241 (8 U.S.C. 1251) as section
237 and <<NOTE: 8 USC 1227.>> by moving such section to
immediately follow section 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. <<NOTE: 8 USC 1231.>> (a) Detention, Release, and
Removal of Aliens Ordered Removed.--
``(1) Removal period.--
``(A) In general.--Except as otherwise provided in
this section, when an alien is ordered removed, the
Attorney 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
periodically for identification;
``(B) to submit, if necessary, to a medical and
psychiatric examination at the expense of the United
States Government;
``(C) to give information under oath about the
alien's nationality, circumstances, habits,
associations, and activities, 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
prescribes for the alien.
``(4) Aliens imprisoned, arrested, or on parole, supervised
release, or probation.--
[[Page 110 STAT. 3009-599]]
``(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 offenders
prior to completion of sentence of imprisonment.--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
imprisonment--
``(i) in the case of an alien in the custody
of the Attorney General, if the Attorney General
determines that (I) the alien is confined pursuant
to a final conviction 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
Attorney 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 General 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).
[[Page 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 arriving at the united states.--Subject to
paragraph (3)--
``(A) In general.--Except as provided by
subparagraphs (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
contiguous to the United States, an island adjacent to
the United States, or an island adjacent to a foreign
territory contiguous 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
unwilling 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
residence.
``(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 impossible.
``(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
designate under subparagraph (A)(i) a foreign territory
contiguous 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
[[Page 110 STAT. 3009-601]]
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
General 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 country.
``(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--
[[Page 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 subdivision 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, membership 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--
[[Page 110 STAT. 3009-603]]
``(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
Service--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 stowaway,
including obtaining necessary travel
documents, 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 stowaway
is to be returned, or
``(III) section 235(b)(1)(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
[[Page 110 STAT. 3009-604]]
time of the initial presentation of the
stowaway for inspection or at the time
the stowaway is determined 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 temporary 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 temporary 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 discovered 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, 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 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 aircraft
arriving in the United States with an alien stowaway--
``(A) shall detain the alien on board the vessel or
aircraft, or at such place as the Attorney General shall
designate, 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 General 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
[[Page 110 STAT. 3009-605]]
``(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
[[Page 110 STAT. 3009-606]]
of admission based on a ground that
existed before or at the time of
admission, or
``(II) is an alien 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 Detention.--
``(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 Government
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
naturalization 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
paragraph:
``(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
[[Page 110 STAT. 3009-607]]
General has expressly consented to such alien'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 241,
as inserted by <<NOTE: 8 USC 1231.>> 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).--
Notwithstanding 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),
procedures and policies adopted by the Attorney
General to implement the provisions of section
235(b)(1).
``(B) Denials of discretionary relief.--
Notwithstanding 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.--
Notwithstanding 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
[[Page 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 alien shall have a
right to appeal from a decision of an immigration judge which is
based solely on a certification described in section
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
General. The petition shall be served on the Attorney
General 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 administrative 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
admission 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
conclusive 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
[[Page 110 STAT. 3009-609]]
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 criminal
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 challenge 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 administrative 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.
[[Page 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 specifically authorized in a subsequent
paragraph of this subsection, 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 subsection.
``(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
determinations 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
preponderance 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).
[[Page 110 STAT. 3009-611]]
``(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 determinations 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 General 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,
regulation, 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
evidence 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
[[Page 110 STAT. 3009-612]]
provisions to an individual alien against whom proceedings under
such chapter have been initiated.
``(2) Particular cases.--Notwithstanding any other provision
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 execution of
such order is prohibited as a matter of law.
``(g) Exclusive Jurisdiction.--Except as provided in this section
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 <<NOTE: 8 USC 1252 note.>> Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by subsections (a) and (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)), shall apply without limitation to claims
arising from all past, pending, or future exclusion,
deportation, 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 <<NOTE: 8
USC 1105a, 1182, 1252, 1252a.>> 440 of such Act are amended by striking
``any offense covered by section 241(a)(2)(A)(ii) for which both
predicate offenses are covered by section 241(a)(2)(A)(i)'' and
inserting ``any offense 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,
[[Page 110 STAT. 3009-613]]
``(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
documents, 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.
[[Page 110 STAT. 3009-614]]
``(C) No compromise.--The Attorney General may not
compromise the amount of such penalty under this
paragraph.
``(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 Country 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 REORGANIZATION OF OTHER PROVISIONS;
ADDITIONAL CONFORMING AMENDMENTS.
(a) Conforming Amendment to Table of Contents; Overview of
Reorganized Chapters.--The table of contents, as amended 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 passengers 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.
[[Page 110 STAT. 3009-615]]
``Sec. 240A. Cancellation of removal; adjustment of status.
``Sec. 240B. Voluntary departure.
``Sec. 240C. Records of admission.
``Sec. 241. Detention and removal of aliens ordered removed.
``Sec. 242. Judicial review of 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
232. <<NOTE: 8 USC 1222.>>
(4) Redesignating section 238 as section 233.--Redesignate
section 238 <<NOTE: 8 USC 1223.>> (8 U.S.C. 1228) as section 233
and move the section to immediately follow section 232.
(5) Redesignating section 242a as section 238.--Redesignate
section <<NOTE: 8 USC 1228.>> 242A as section 238, strike
``deportation'' in its heading and insert ``removal'', and move
the section to immediately 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 redesignate
section <<NOTE: 8 USC 1254a.>> 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 section 242A) is
amended--
(A) in subsection (a)(1), by striking ``section
242'' and inserting ``section 240'';
[[Page 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)(10)(B) with respect to the
other alien.''.
(B) Ground of inadmissibility for protection and
guardianship of aliens denied admission for health or
infancy.--Subparagraph (B) of section 212(a)(10) (8
U.S.C. 1182(a)(10)), 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 accompanying 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
determined 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)'' after ``(a)'', and
(B) by adding at the end the following new
paragraph:
``(2) It is unlawful for an 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)(1), is amended <<NOTE: 8 USC 1228.>> by adding
at the end the following: ``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) Section 225 of the Immigration and Nationality Technical
Corrections Act of 1994 (Public Law 103-416) <<NOTE: 8 USC 1101
note.>> is amended 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
amended--
(A) in the heading, by striking ``excluded from''
and inserting ``ineligible for'';
[[Page 110 STAT. 3009-617]]
(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)(1)(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
inserting ``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:
(A) <<NOTE: 8 USC 1101, 1183, 1224, 1251, 1322,
1327, 1356.>> Sections 101(f)(3), 213, 234 (before
redesignation by section 308(b) of this division),
241(a)(1) (before redesignation by section 305(a)(2) of
this division), 272(a), 277, 286(h)(2)(A)(v), and
286(h)(2)(A)(vi).
(B) <<NOTE: 8 USC 1182 note.>> Section 601(c) of the
Immigration Act of 1990.
(C) <<NOTE: 8 USC 1182 note.>> 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).
(E) <<NOTE: 8 USC 1101 note.>> 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''.
[[Page 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
striking ``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
striking ``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 condition'' 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
therefrom'' 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.
[[Page 110 STAT. 3009-619]]
(O) Section 292 (8 U.S.C. 1362) is amended by
striking ``exclusion or deportation'' each place it
appears and inserting ``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''.
(R) Section 301(a)(1) of <<NOTE: 8 USC 1255a
note.>> the Immigration Act of 1990 is amended by
striking ``exclusion'' and inserting
``inadmissibility''.
(S) Section <<NOTE: 8 USC 1522 note.>> 401(c) of
the Refugee Act of 1980 is amended by striking
``deportation or exclusion'' and inserting ``removal''.
(T) Section 501(e)(2) of the Refugee Education
Assistance Act of <<NOTE: 8 USC 1522 note.>> 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 ``removal''.
(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
Penalty Act <<NOTE: 8 USC 1225, 1225 note, 1227.>> of 1996,
section 422 of such Act is repealed and 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
``deportation'' 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)(11) (8 U.S.C. 1182(d)(11)).
(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)).
(I) 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).
[[Page 110 STAT. 3009-620]]
(O) Section 318 (8 U.S.C. 1429).
(P) Section 130005(a) of the Violent Crime Control
and Law <<NOTE: 8 USC 1158 note.>> Enforcement Act of
1994 (Public Law 103-322).
(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
redesignation 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
subsection (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) <<NOTE: 8 USC 1225a note.>> Section 301(a)(1) of
the Immigration Act of 1990.
(I) Section 4113 of title 18, United States Code.
(3) Section 101(g) (8 U.S.C. 1101(g)) is amended by
inserting ``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
is canceled''.
(6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(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
``deportation'' and inserting ``Removal'' and ``removal'',
respectively.
(11) Section 244A(a)(1)(A) (8 U.S.C. 1254a(a)(1)(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''.
[[Page 110 STAT. 3009-621]]
(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''.
(16) Section 301(a) of <<NOTE: 8 USC 1255a note.>> the
Immigration Act of 1990 is 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-
322) <<NOTE: 8 USC 1158 note.>> 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'' and 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)(1)(A)(i) (8 U.S.C.
1182(h)(1)(A)(i)).
(F) Section 212(j)(1)(D) (8 U.S.C. 1182(j)(1)(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)(1)(A)(i) (8 U.S.C.
1186a(b)(1)(A)(i)).
(J) Section 216(d)(1)(A)(i)(III) (8 U.S.C.
1186a(d)(1)(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)).
(Q) <<NOTE: 8 USC 1182 note.>> Section 601(c)(2) of
the Immigration Act of 1990.
(2) The following provisions are amended by striking
``enter'' and inserting ``be 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'':
(A) <<NOTE: 8 USC 1182.>> Section 212(j)(1)(D)(ii)
(8 U.S.C. 1154(e)).
(B) Section 214(c)(5)(B) (8 U.S.C. 1184(c)(5)(B)).
[[Page 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)(1)(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 Intelligence 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
admission'', ``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 <<NOTE: 8 USC 1182, 1221, 1224 note, 1252a,
1254a note, 1255a note, 1321, 1356, 1364, 1531; 42 USC 402.>> to
sections 232, 234, 238, 239, 240, 241, 242a, and 244a.--Any
reference in law in effect on the day before the date of the
enactment of this Act to section 232, 234, 238, 239, 240, 241,
242A, or 244A of the Immigration and Nationality Act (or a
subdivision of such section) is deemed, as of the title III-A
effective date, to refer to section 232(a), 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 subdivision 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 section 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 subsection (b)(5), is amended by striking
``106(a)(1)'' and inserting ``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
inserting ``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
Nationality 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)''.
[[Page 110 STAT. 3009-623]]
(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)(1)(B) (8 U.S.C.
1255a(a)(1)(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 <<NOTE: 8 USC 1252 note.>> section 345 of
this division, is amended by striking ``242(a)(3)(A)''
and inserting ``236(d)''.
(C) Section 242A(b)(1) (8 U.S.C. 1252a(b)(1)),
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
subsection (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) <<NOTE: 8 USC 1252 note.>> of
Public Law 103-322 is amended by striking ``242(i)'' and
inserting ``239(d)''.
(G) Section 20301(c) <<NOTE: 8 USC 1252 note.>> of
Public Law 103-322 is amended by striking ``242(j)(5)''
and ``242(j)'' and inserting ``241(h)(5)'' and
``241(h)'', respectively.
(6) References to section 242b.--
(A) Section 303(d)(2) <<NOTE: 8 USC 1254a note.>>
of the Immigration Act of 1990 is amended by striking
``242B'' and inserting ``240(b)(5)''.
(B) Section 545(g)(1)(B) <<NOTE: 8 USC 1254b
note.>> of the Immigration Act of 1990 is amended by
striking ``242B(a)(4)'' and inserting ``239(a)(4)''.
(7) References 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 ``by withholding of
removal under section 241(b)(3)''.
(C)(i) Section 315(c) of the Immigration Reform and
Control Act <<NOTE: 8 USC 1253 note.>> of 1986 is
amended by striking ``243(g)'' and ``1253(g)''and
inserting ``243(d)'' and ``1253(d)'' respectively.
[[Page 110 STAT. 3009-624]]
(ii) Section 702(b) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations <<NOTE: 8 USC 1201 note.>> Act, 1988 is
amended by striking ``243(g)'' and inserting ``243(d)''.
(iii) Section <<NOTE: 8 USC 1201 note.>> 903(b) of
Public Law 100-204 is amended 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
amended 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 <<NOTE: 8 USC 1255a note.>> 301(e)(2)
of the Immigration Act of 1990 is amended by striking
``243(h)(2)'' and inserting ``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 inserting ``240A(a)''.
(ii) Section 304(c)(1)(B) of the Miscellaneous and
Technical Immigration and Naturalization Amendments of
1991 (Public Law 102-232) is amended by <<NOTE: 8 USC
1254a note.>> striking ``244(a)'' and inserting
``240A(a)''.
(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
Technical Immigration and Naturalization Amendments of
1991 (Public Law 102-232) is <<NOTE: 8 USC 1254a
note.>> amended by striking ``244(b)(2)'' and inserting
``240A(b)(2)''.
(D) Section 364(a)(2) <<NOTE: 8 USC 1367.>> of this
division is amended by striking ``244(a)(3)'' and
inserting ``240A(a)(3)''.
(E) Section 431(c)(1)(B)(iii) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996, as added by section <<NOTE: 8 USC 1641.>> 501
of this division, is amended by striking ``suspension of
deportation and adjustment of status pursuant to section
244(a)(3) of such Act'' and inserting ``cancellation 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
[[Page 110 STAT. 3009-625]]
Immigration and Nationality Act (66 Stat. 163)'' and
inserting ``chapter 4 of title II of the Immigration and
Nationality Act''.
(10) Miscellaneous cross-reference corrections for newly
added provisions.--
(A) Section 212(h), as amended by section 301(h) of
this division, is <<NOTE: 8 USC 1182.>> 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 <<NOTE: 8 USC 1255.>> 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 <<NOTE: 8 USC 1259.>> 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 <<NOTE: 8 USC 1324c.>> amended by
striking ``withholding of deportation 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 <<NOTE: 8 USC 1252 note.>> section 671(a)(6)
of this division, is amended by striking ``242A(a)(3)''
and inserting ``238(a)(3)''.
(G) <<NOTE: 8 USC 1368.>> Section 386(b) of this
division is amended by striking ``excludable'' and
``excludable'' and inserting ``inadmissible'' 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 <<NOTE: 8 USC 1105a, 1182, 1252,
1252a.>> 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 <<NOTE: 8 USC 1101 note.>> General.--Except as provided in
this section and sections 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.
[[Page 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 reinitiate
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
Immigration 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 exclusion
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
administrative proceedings before the special inquiry
officer or immigration judge were completed;
(E) there shall be no appeal of any discretionary
decision 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
[[Page 110 STAT. 3009-627]]
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 Nationality 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 benefits 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 enactment
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
inserting ``$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
imprisonment'';
(5) in subparagraph (K)(ii), by inserting ``if committed''
before ``for commercial advantage'';
(6) in subparagraph (L)--
[[Page 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
inserting ``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 (including 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) <<NOTE: 8 USC 1101 note.>> Effective Date.--The amendments made
by this section 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,
penalty, 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 incarceration
or confinement ordered by a court of law regardless of
[[Page 110 STAT. 3009-629]]
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.
(c) <<NOTE: 8 USC 1101 note.>> 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)'' after
``during''.
(c) <<NOTE: 8 USC 1326 note.>> 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 FILING 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 suppression 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
[[Page 110 STAT. 3009-630]]
to the said arrangement for the suppression of the
white-slave traffic,''; 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 <<NOTE: 8 USC 1252 note.>> 1994 (Public Law 103-
322), as amended by section 432 of Public Law 104-132, is amended to
read as follows:
``(a) Operation and Purpose.--The Commissioner of Immigration and
Naturalization shall, under the authority of section 242(a)(3)(A) of the
Immigration and Nationality Act operate a criminal alien identification
system. The criminal alien identification system shall be used to assist
Federal, State, and local law enforcement 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 ASSISTANCE
PROGRAM.
(a) Modification of Authority.--
(1) In general.--Section 241(i), as redesignated by section
306(a)(1) <<NOTE: 8 USC 1231.>> of this division, is amended--
(A) in paragraph (3)(A), by striking ``felony and
sentenced 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
otherwise made available under this section with respect to a
State (or political subdivision, including a municipality) for
incarceration of an undocumented criminal alien may, at the
discretion of the recipient of the funds, be used for the costs
of imprisonment of such alien in a State, local, or municipal
prison or jail.''.
(2) <<NOTE: 8 USC 1231 note.>> Effective date.--The
amendment made by paragraph (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.
[[Page 110 STAT. 3009-631]]
(B) While H.R. 2880, the continuing appropriation
measure funding certain operations of the Federal
Government from January 26, 1996 to March 15, 1996,
included $66,000,000 to reimburse States for the cost of
incarcerating 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 Congress
that--
(A) the Department of Justice was disturbingly slow
in disbursing fiscal year 1995 funds under the State
Criminal 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 ANAHEIM, CALIFORNIA.
(a) Authority.--The Attorney General shall conduct a project
demonstrating the feasibility of identifying, from among the individuals
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 subsection
(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.
SEC. 330. <<NOTE: 18 USC 4100 note.>> 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
[[Page 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 procedures of
that country.
(2) In entering into negotiations under paragraph (1), the President
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
determines that the number of aliens described in subsection (a)
who are nationals of that country in the United States
represents 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
incarceration 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
[[Page 110 STAT. 3009-633]]
training an appropriate number of foreign law enforcement personnel, 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 recommendations under this subsection, the
Secretary and the Attorney General shall consult with such State and
local officials in areas disproportionately impacted by aliens convicted
of criminal offenses as the Secretary and the Attorney General consider
appropriate. Such recommendations shall address--
[[Page 110 STAT. 3009-634]]
(1) changes in Federal laws, regulations, and policies
affecting 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
recommendation under this subsection.
SEC. 332. <<NOTE: 8 USC 1366.>> ANNUAL REPORT ON CRIMINAL ALIENS.
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 Representatives 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. <<NOTE: 28 USC 994 note.>> PENALTIES FOR CONSPIRING WITH OR
ASSISTING AN ALIEN TO COMMIT AN OFFENSE UNDER THE CONTROLLED
SUBSTANCES 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 sentencing guidelines
to ensure an appropriately stringent sentence for such offenders.
[[Page 110 STAT. 3009-635]]
SEC. 334. <<NOTE: 28 USC 994 note.>> 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 U.S.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 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
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)(1)(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, according to such regulations as the
Secretary of Health and
[[Page 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
requirement of such a vaccination would be contrary to
the alien's religious beliefs or moral convictions; or
``(3) subsection (a)(1)(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) <<NOTE: 8 USC 1182 note.>> Effective Date.--The amendments made
by this section 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.--Section 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
following 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) <<NOTE: 8 USC 1182 note.>> Effective Date.--The amendments made
by subsection (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 consultation 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 regulatory requirements for entry
into the United States under the
classification specified in the
application;
[[Page 110 STAT. 3009-637]]
``(II) 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
standardized 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, himself 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.''.
(c) <<NOTE: 8 USC 1182 note.>> 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.--
[[Page 110 STAT. 3009-638]]
``(i) In general.--An alien who is the subject
of a final order for violation of section 274C is
inadmissible.
``(ii) Waiver authorized.--For provision
authorizing 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 Attorney
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
otherwise 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 individual). 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 General 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(l) 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) <<NOTE: 8 USC 1182 note.>> Effective Date.--The amendment made
by subsection (a) 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 Aliens Who Have Unlawfully Voted.--Section
212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by section
[[Page 110 STAT. 3009-639]]
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
provision, 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 violation
of any Federal, State, or local constitutional provision,
statute, ordinance, or regulation is deportable.''.
(c) <<NOTE: 8 USC 1182 note.>> 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 subsection.''.
(b) <<NOTE: 8 USC 1182 note.>> 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 INADMISSIBILITY FOR
CERTAIN ALIEN.
Subsection (i) of section 212 (8 U.S.C. 1182) is amended to read as
follows:
``(i)(1) The Attorney General may, in the discretion of the Attorney
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 satisfaction 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:
[[Page 110 STAT. 3009-640]]
``(E) Crimes of domestic violence, stalking, or
violation of protection order, crimes against children
and .--
``(i) Domestic violence, stalking, and child
abuse.--Any alien who at any time after entry is
convicted of a crime of domestic violence, a crime
of stalking, 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 protection order issued by a court and
whom the court determines has engaged in conduct
that violates the portion of a protection order
that involves protection against credible threats
of violence, repeated harassment, or bodily injury
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 temporary or final orders issued by
civil or criminal courts (other than support or
child custody orders or provisions) whether
obtained by filing an independent action or as a
pendente lite order in another proceeding.''.
(b) <<NOTE: 8 USC 1227 note.>> Effective Date.--The amendment made
by subsection (a) 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 DEPORTATION FOR SMUGGLING.
(a) Exclusion.--Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is amended
by inserting ``an individual who at the time of such action was'' after
``aided only''.
(b) Deportation.--Section 241(a)(1)(E)(iii) (8 U.S.C.
1251(a)(1)(E)(iii)) is amended by inserting ``an individual who at the
time of the offense was'' after ``aided only''.
(c) <<NOTE: 8 USC 1182 note.>> Effective Date.--The amendments made
by this section 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.
[[Page 110 STAT. 3009-641]]
SEC. 352. EXCLUSION OF FORMER CITIZENS WHO RENOUNCED CITIZENSHIP 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.''.
(b) <<NOTE: 8 USC 1182 note.>> 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 making 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 revising the
ground of inadmissibility for illegal entrants and immigration
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 irreparable 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
[[Page 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 admitted 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 violation 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 amended--
(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
paragraphs (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.--
[[Page 110 STAT. 3009-643]]
``(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 attorneys 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 Information.--
(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
proceedings 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
Surveillance 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 provided 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.''.
[[Page 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 subsection (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 ORGANIZATION
DESIGNATIONS.
Section 219(b)(3) (8 U.S.C. 1189(b)(3)), as added by section 302(a)
of Public 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 submitted 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 DEPARTURE.
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
paragraph:
``(4) voluntary departure under section 244(e);''.
SEC. 358. <<NOTE: 8 USC 1182 note.>> EFFECTIVE DATE.
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:
[[Page 110 STAT. 3009-645]]
``(49) The term `stowaway' 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.''.
(b) <<NOTE: 8 USC 1101 note.>> 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
subsections (a), (b), and (d).
(b) Coverage of Railroad Train.--Subsection (d) of such section is
further amended by inserting ``or railroad train'' after ``aircraft''.
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 General shall prescribe, but shall not be
employed by the Immigration and Naturalization 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 section
302(a) of this division.
(5) Section 236 (8 U.S.C. 1226), before amendment by section
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)(1) (8 U.S.C. 1252b(d)(1)), 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).
(c) <<NOTE: 8 USC 1103 note.>> Compensation for Immigration
Judges.--
[[Page 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-1..................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 General 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) <<NOTE: 8 USC 1101 note.>> Subsections (a) and (b)
shall take effect on the date of the enactment of this Act.
(2) <<NOTE: 8 USC 1103 note.>> Subsection (c) shall take
effect 90 days after the date 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 numbering
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 circumstances 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 establishment 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.''.
[[Page 110 STAT. 3009-647]]
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 administrative
detention in non-Federal institutions, is authorized--
``(A) to make payments from funds appropriated for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration for
necessary 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
Commissioner 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 Corrections 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 Commissioner, 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
[[Page 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
demonstrates by clear and convincing evidence that the alien is
deportable; or''.
(c) <<NOTE: 8 USC 1228 note.>> Effective Date.--The amendment made
by subsection (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
nonimmigrant 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 inserting ``$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 established 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 deposited 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).
[[Page 110 STAT. 3009-649]]
``(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 Public 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.''.
(c) <<NOTE: 8 USC 1255 note.>> 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.''.
(b) <<NOTE: 8 USC 1255a note.>> Effective Date.--The amendment made
by subsection (a) 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) In 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 immigration judge shall be sufficient
to rescind the alien's status.''.
(b) <<NOTE: 8 USC 1256 note.>> 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
General modifies or vacates the decision and order'' and
inserting ``unless either (A) within 30 days, an official
delegated by
[[Page 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
administrative 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) <<NOTE: 8 USC 1324a note.>> Effective Date.--The amendments
made by subsection (a) shall apply to orders issued on or after the date
of the enactment of this Act.
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. <<NOTE: 8 USC 1324d.>> (a) In General.--Any alien
subject to a final 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) <<NOTE: 8 USC 1324d note.>> Effective Date.--The amendment made
by subsection (a) shall apply to actions occurring on or after the title
III-A effective 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:
``Nothing in this section shall be construed as providing
jurisdiction for suits against the United States or its agencies
or officers.''.
(b) <<NOTE: 8 USC 1329 note.>> Effective Date.--The amendments made
by subsection (a) shall apply to actions filed after the date of the
enactment of this Act.
[[Page 110 STAT. 3009-651]]
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 Immigration 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,
detention, 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 Public
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, revenues,
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,''.
(c) <<NOTE: 8 USC 1330 note.>> 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.
[[Page 110 STAT. 3009-652]]
SEC. 383. EXCLUSION OF CERTAIN ALIENS FROM FAMILY UNITY PROGRAM.
(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
individual may be used in the course of committing the
offense.''.
(b) <<NOTE: 8 USC 1255a note.>> Effective Date.--The amendments
made by subsection (a) shall apply to benefits granted or extended after
the date of the enactment of this Act.
SEC. 384. <<NOTE: 8 USC 1367.>> PENALTIES FOR DISCLOSURE OF
INFORMATION.
(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
(without 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.
[[Page 110 STAT. 3009-653]]
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
General'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 Restrictions.--
(1) <<NOTE: 8 USC 1160.>> 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.''.
(2) <<NOTE: 8 USC 1160 note.>> Effective date.--The
amendments made by this subsection 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 appropriated
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.
SEC. 386. <<NOTE: 8 USC 1368.>> INCREASE IN INS DETENTION FACILITIES;
REPORT ON DETENTION SPACE.
(a) Increase in Detention Facilities.--Subject to the availability
of appropriations, the Attorney General shall provide for an increase in
the detention facilities of the Immigration and Naturalization 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,
[[Page 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 submitted 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 Immigration 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 incarceration.
(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 example, a significant probability that the
released alien would not appear, as agreed, at
subsequent exclusion or deportation proceedings).
(C) Subsequent reports.--Each report under paragraph
(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.
[[Page 110 STAT. 3009-655]]
SEC. 387. <<NOTE: 8 USC 1231 note.>> 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 established 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 Representatives 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.
SEC. 388. <<NOTE: 8 USC 1231 note.>> 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
Subtitle A-- <<NOTE: 8 USC 1324a note.>> 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
[[Page 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 system''
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) I-9 or similar form.--The term ``I-9 or similar form''
means the form used for purposes of section 274A(b)(1)(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)(1)(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 PROGRAM.
(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 conditions of the program with respect to the hiring (or
recruitment
[[Page 110 STAT. 3009-657]]
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)(1)(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)(1)(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 referral) in
which the pilot program is not otherwise operating
but only if such States meet the requirements of
403(b)(2)(A) and 403(c)(2) of this division,
respectively.
(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
[[Page 110 STAT. 3009-658]]
resources to provide appropriate services under a pilot
program for the person's or entity'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 publicize
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 election 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
Service 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 complying with the requirements of section
274A, and in facilitating confirmation of the identity
and employment 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 program 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 divisions
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
[[Page 110 STAT. 3009-659]]
(II) there is significant
participation by the Federal Executive
branch in each of the pilot programs.
(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
participate in a pilot program, may specify which pilot
program or programs (if there is more than one) in which
the Member, 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 subject of the order to
participate 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)(1)(B) with respect to that individual,
and
(B) a rebuttable presumption is created that the
person or entity has violated section 274A(a)(1)(A).
Subparagraph (B) shall not apply in any prosecution under
section 274A(f)(1).
(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 I-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:
[[Page 110 STAT. 3009-660]]
(i) A document referred to in section
274A(b)(1)(B)(ii) (as redesignated by section
412(a) of this division) must be designated by the
Attorney General as suitable for the purpose of
identification in a pilot program.
(ii) A document referred to in section
274A(b)(1)(D) must contain a photograph of the
individual.
(iii) The person or other entity has complied
with the requirements of section 274A(b)(1) with
respect to examination of a document if the
document reasonably 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
documentation.--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)(1) by examining a document specified in
either subparagraph (B) or (D) of such section, the
Attorney General 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
confirmation of the identity and employment eligibility
of an individual, 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 concerning such inquiry.
(4) Confirmation or nonconfirmation.--
(A) Confirmation upon initial inquiry.--If the
person 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
[[Page 110 STAT. 3009-661]]
section 404(b) of this division, the person or entity
shall record on the I-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 confirmation 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 I-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 process 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 employment 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 I-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
individual under subparagraph (B), the person or
entity may terminate employment (or recruitment or
referral) of the individual. If the person or
entity does not terminate employment (or
recruitment or referral) of the individual, the
person or entity shall notify the Attorney General
of such fact through the confirmation system 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
[[Page 110 STAT. 3009-662]]
to constitute a violation of section 274A(a)(1)(B)
with respect to that individual and the applicable
civil monetary penalty under section 274A(e)(5)
shall be (notwithstanding 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
nonconfirmation.--If the person or other entity
continues to employ (or to recruit or refer) an
individual after receiving final nonconfirmation,
a rebuttable presumption is created that the
person or entity has violated section
274A(a)(1)(A). The previous sentence shall not
apply in any prosecution under section 274A(f)(1).
(b) Citizen Attestation Pilot Program.--
(1) In general.--Except as provided in paragraphs (3)
through (5), the procedures applicable under the citizen
attestation pilot program under this subsection shall be the
same procedures as those under the basic pilot program under
subsection (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
identification document described in section
274A(b)(1)(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 counterfeiting, tampering, and
fraudulent use that it is a reliable means of
identification for purposes of this section.
(B) Authorization to limit employer participation.--
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 I-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)(1) 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
[[Page 110 STAT. 3009-663]]
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 I-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 I-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 procedures 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 operation
of the machine-readable-document pilot program in a State unless
driver's licenses and similar identification documents described
in section 274A(b)(1)(D)(i) issued by the State include a
machine-readable social security account number.
(3) Use of machine-readable documents.--If the individual
whose identity and employment eligibility must be confirmed
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 number
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.
[[Page 110 STAT. 3009-664]]
SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.
(a) In General.--The Attorney General shall establish a pilot
program confirmation system through which the Attorney General (or a
designee of the Attorney General, which may be a nongovernmental
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 establish
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 identity
and employment 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 Commissioner of Social
Security and the Commissioner of the Immigration and Naturalization
Service, an available secondary verification process 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 confirmation 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 system 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 privacy
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
employment; or
(C) the exclusion of certain individuals from
consideration for employment as a result of a perceived
likelihood
[[Page 110 STAT. 3009-665]]
that additional verification will be required, beyond
what is required for most job applicants.
(e) Responsibilities of the Commissioner of Social Security.--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
employment. The Commissioner shall not disclose or release social
security information (other than such confirmation or nonconfirmation).
(f) Responsibilities of the Commissioner of the Immigration and
Naturalization Service.--As part of the confirmation system, the
Commissioner of the Immigration and Naturalization Service, 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 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 Commissioner 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 purpose
other than as provided for under a pilot program.
(2) No 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,
[[Page 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 amended by
adding at the end the following new paragraph:
``(6) Good faith compliance.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), a person or entity is
considered to have complied with a requirement of this
subsection notwithstanding 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 violators.--
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) <<NOTE: 8 USC 1324a note.>> Effective Date.--The amendment made
by subsection (a) shall apply to failures occurring on or after the date
of the enactment of this Act.
SEC. 412. PAPERWORK AND OTHER CHANGES IN THE EMPLOYER SANCTIONS PROGRAM.
(a) Reducing the Number of Documents Accepted for Employment
Verification.--Section 274A(b)(1) (8 U.S.C. 1324a(b)(1)) 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),
[[Page 110 STAT. 3009-667]]
(iii) by striking the period at the end of
subclause (II) and inserting ``, and'', and
(iv) by adding at the end the following new
subclause:
``(III) contains security features
to make it resistant to tampering,
counterfeiting, and fraudulent 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
documents.--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.--Section 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 employees.--
``(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 association (or an agent of such
association on behalf of the employer) has
complied with the requirements of subsection (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
subparagraph 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 afterward that the individual
[[Page 110 STAT. 3009-668]]
was an alien not authorized to work in the United
States.
``(ii) Rebuttal of presumption.--The
presumption established 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) <<NOTE: 8 USC 1324a note.>> 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) <<NOTE: 8 USC 1324a note.>> 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 Appropriations.--For
provision increasing the authorization of appropriations
[[Page 110 STAT. 3009-669]]
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 Attorney 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.''.
(b) <<NOTE: 8 USC 1360 note.>> 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 General 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
Commissioner 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).''.
[[Page 110 STAT. 3009-670]]
Subtitle C--Unfair Immigration-Related Employment Practices
SEC. 421. TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS UNFAIR
IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
(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) <<NOTE: 8 USC 1324b note.>> Effective Date.--The amendments
made by subsection (a) shall apply to requests made on or after the date
of the enactment 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 Opportunity
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
[[Page 110 STAT. 3009-671]]
``(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
household 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.''.
SEC. 502. <<NOTE: 8 USC 1621 note.>> PILOT PROGRAMS ON LIMITING
ISSUANCE OF DRIVER'S LICENSES 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 General.''.
(b) <<NOTE: 42 USC 402 note.>> 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.
[[Page 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 Opportunity
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
nondiscriminatory manner.''.
SEC. 505. <<NOTE: 8 USC 1623.>> LIMITATION ON ELIGIBILITY FOR
PREFERENTIAL TREATMENT OF ALIENS 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 provided
on or after July 1, 1998.
SEC. 506. <<NOTE: 8 USC 1611 note.>> STUDY AND REPORT ON ALIEN STUDENT
ELIGIBILITY FOR POSTSECONDARY FEDERAL STUDENT FINANCIAL
ASSISTANCE.
(a) GAO Study and Report.--
(1) Study.--The Comptroller General 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
Commissioner of the effectiveness of the computer
matching program, 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
[[Page 110 STAT. 3009-673]]
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 Verification
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
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,''.
SEC. 508. NO VERIFICATION REQUIREMENT FOR NONPROFIT CHARITABLE
ORGANIZATIONS.
Section 432 of the Personal Responsibility and Work Opportunity
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 Charitable
Organizations.--Subject to subsection (a), a nonprofit charitable
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 determine, verify,
or otherwise require proof of eligibility of any applicant for such
benefits.''.
SEC. 509. GAO STUDY OF PROVISION OF MEANS-TESTED PUBLIC BENEFITS 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 misrepresentation 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,
[[Page 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
benefits 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
determining whether an alien is excludable under this
paragraph, 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
number 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 section 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
[[Page 110 STAT. 3009-675]]
(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.''.
(b) <<NOTE: 8 USC 1182 note.>> 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 213A (8 U.S.C. 1183a), as inserted by
section 423(a) of the Personal Responsibility and Work Opportunity
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 qualifying 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
[[Page 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
section, 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 Reconciliation 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 Security Act.
``(b) Reimbursement of Government Expenses.--
``(1) Request for reimbursement.--
``(A) Requirement.--Upon notification that a
sponsored 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
consultation 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 payment 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
appropriate 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
[[Page 110 STAT. 3009-677]]
the date on which the sponsored alien last received any
means-tested public benefit to which the affidavit of
support 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 collecting 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 payment 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
benefits (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
appropriate 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
sponsored 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;
[[Page 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 petitioning
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
[[Page 110 STAT. 3009-679]]
through demonstration of significant assets of the
sponsored alien or of the sponsor, if such assets
are available 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-family dependents) plus
the total number of other dependents and aliens
sponsored by that sponsor.
``(B) Limitation.--The Secretary of State, or the
Attorney General in the case of adjustment of status,
may provide 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) <<NOTE: 8 USC 1183a note.>> Section 423 of such Act (8
U.S.C. 1138a note) is amended by striking subsection (c).
(c) <<NOTE: 8 USC 1183a note.>> 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,
[[Page 110 STAT. 3009-680]]
shall promulgate a standard form for an affidavit of support
consistent with the provisions of section 213A of the
Immigration 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 Personal Responsibility and Work Opportunity
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 paragraph
(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 determination 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 General 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
notwithstanding 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 and 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,
[[Page 110 STAT. 3009-681]]
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.''.
SEC. 553. <<NOTE: 8 USC 1624.>> 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 subdivision of a State are
not more restrictive than the prohibitions, limitations, or restrictions
imposed under comparable Federal programs. 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:
``Sec. 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
fraudulently 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.
[[Page 110 STAT. 3009-682]]
``(b) Notwithstanding subsection (a) or any other provision of law,
if a forged, counterfeited, mutilated, or altered seal of a department
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 subsection (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,
professional 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 housing, 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 appropriated 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. <<NOTE: 8 USC 1369.>> TREATMENT OF EXPENSES SUBJECT TO
EMERGENCY MEDICAL 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 nonprofit 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 payment 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 payment 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 established by the Secretary of
Health and Human Services and the Attorney General.
[[Page 110 STAT. 3009-683]]
(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) manifesting 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.
SEC. 563. <<NOTE: 8 USC 1370.>> REIMBURSEMENT OF STATES AND LOCALITIES
FOR EMERGENCY AMBULANCE SERVICES.
Subject to the availability of appropriations, the Attorney General
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.
SEC. 564. <<NOTE: 8 USC 1183a note.>> PILOT PROGRAMS TO REQUIRE
BONDING.
(a) In General.--
(1) The Attorney General of the United States shall
establish a pilot program in 5 district offices of the
Immigration and Naturalization Service to require aliens to post
a bond in addition to the affidavit requirements under section
213A 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 subsection 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 Immigration and
Nationality Act.
(b) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall issue regulations 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
[[Page 110 STAT. 3009-684]]
of providing benefits under the programs described in subsection
(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 General 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 General shall submit a final evaluation of the
program not later than 1 year after termination.
(e) Sunset.--The pilot program under this section shall terminate
after 3 years of operation.
(f) Bonds in Addition to Sponsorship and Deeming Requirements.--
Section 213 (8 U.S.C. 1183) is amended by inserting ``(subject to the
affidavit of support requirement and attribution of sponsor's income and
resources under section 213A)'' after ``in the discretion of the
Attorney General''.
SEC. 565. <<NOTE: 8 USC 1371.>> 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 fiscal 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 <<NOTE: Use of Assisted Housing by Aliens
Act of 1996. 42 USC 1436a note.>>
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 affirmatively established under
this section, any financial assistance made
[[Page 110 STAT. 3009-685]]
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 ASSISTANCE.
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
following:
``(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 seeking 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
declaration states that the individual is a citizen or national
of the United States, the Secretary of Housing and Urban
Development, 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 documentation.'';
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``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
[[Page 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
striking ``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
following:
``(ii) in the case of any individual receiving
assistance 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 Secretary 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
assistance 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;
[[Page 110 STAT. 3009-687]]
``(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
financial assistance of an individual and the members of the
household 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 calculating any proration of assistance provided
for the family.''.
SEC. 575. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING FINANCIAL
ASSISTANCE ELIGIBILITY 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
establish 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 eligibility of an individual or family under
this section in accordance with the procedures set
forth in section 274A(b)(1) of the Immigration and
Nationality Act; and
[[Page 110 STAT. 3009-688]]
``(iii) shall have access to any relevant
information contained in the SAVE system (or any
successor thereto) that relates to any individual
or family applying for financial assistance.
``(3) Eligibility of families.--For purposes of this
subsection, with respect to a family, the term `eligibility'
means the eligibility of each family member.''.
SEC. 577. <<NOTE: 42 USC 1436a note.>> REGULATIONS.
(a) Issuance.--Not later than the 60 days after the date of
enactment of this Act, the Secretary of Housing and Urban Development
shall issue any regulations necessary to implement the amendments 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
regulations 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 <<NOTE: 8 USC 1101 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
governmental 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'',
``naturalization'', ``State'', and ``United States'' shall have
the meaning given such terms in section 101(a) of the
Immigration and Nationality Act; and
[[Page 110 STAT. 3009-689]]
(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
determinations 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.''.
(2) <<NOTE: 8 USC 1101 note.>> 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 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 1,000 refugees
may be 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 coercive
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 significant public benefit''.
(b) <<NOTE: 8 USC 1182 note.>> 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
[[Page 110 STAT. 3009-690]]
and data for each country of origin concerning the number and categories
of aliens 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 (1)(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
interdicted 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 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 would
have access to a full and fair procedure for determining
a claim to asylum or equivalent temporary protection,
unless the Attorney General finds
[[Page 110 STAT. 3009-691]]
that it is in the public interest for the alien to
receive asylum in the United States.
``(B) Time limit.--Subject to subparagraph (D),
paragraph (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 circumstances 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 General
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 General
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 General 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)(B)(i) or removable under section
237(a)(4)(B) (relating to terrorist activity),
unless, in the case only of an alien inadmissible
under subclause (IV) of section 212(a)(3)(B)(i),
the Attorney General determines, in the Attorney
General'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 country prior to arriving in the United
States.
[[Page 110 STAT. 3009-692]]
``(B) Special rules.--
``(i) Conviction of aggravated felony.--For
purposes 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
designate by regulation offenses that will be
considered to be a crime described in clause (ii)
or (iii) of subparagraph (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) No judicial review.--There shall be no
judicial review of a determination of the Attorney
General 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 following 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 residence;
``(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 subsection
(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
[[Page 110 STAT. 3009-693]]
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
General'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
availability 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 appropriate 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
[[Page 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 application, not including
administrative appeal, shall be completed 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 proceedings 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 Attorney
General may provide by regulation for any other
conditions or limitations on the consideration of an
application for asylum not inconsistent with this Act.
``(6) Frivolous applications.--If the Attorney General
determines that an alien has knowingly made a frivolous
application for asylum and the alien has received the notice
under paragraph (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
person.''.
(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
(Public Law 101-649) <<NOTE: 8 USC 1159 note.>> is amended by
striking ``208(b)'' and inserting ``208''.
(c) <<NOTE: 8 USC 1158 note.>> Effective Date.--The amendment
made by subsection (a) 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
General shall provide for an increase in the number of asylum officers
to at least 600 asylum officers by fiscal year 1997.
[[Page 110 STAT. 3009-695]]
SEC. 606. <<NOTE: 8 USC 1255 note.>> 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 government 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 214(j)(1) (8 U.S.C. 1184(j)(1)) (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 Immigration 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 GRADUATES.
(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 Government 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 Immigration and
Nationality Technical Corrections Act of 1994 (Public Law 103-416; 108
Stat. 4319)) is amended to read as follows:
``(k)(1) 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--
[[Page 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 employment with the
health facility or health care organization within 90
days of receiving 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 designated
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 aggregate 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
paragraph, neither the Attorney General, nor any other
official
[[Page 110 STAT. 3009-697]]
or employee of the Department of Justice, or bureau or
agency thereof, may--
``(i) use the information furnished by the
applicant pursuant to an application 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 immigration enforcement purposes or law
enforcement purposes of information contained in
files or records of the Service 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
concerning whether the applicant has at any time
been convicted of a crime may be used or released
for immigration 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
paragraph, neither the Attorney General, nor any other
official or employee of the Department of Justice, or bureau or agency
thereof, may--
[[Page 110 STAT. 3009-698]]
``(i) use the information furnished by the
applicant pursuant to an application 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 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 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) Construction.--
``(i) In general.--Nothing in this paragraph
shall be construed to limit the use, or release,
for immigration enforcement purposes or law
enforcement purposes of information contained in
files or records of the Service 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
concerning whether the applicant has at any time
been convicted of a crime may be used or released
for immigration 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 ATHLETES.
(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--
[[Page 110 STAT. 3009-699]]
``(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 governs the
conduct of its members and
regulates the contests and
exhibitions in which its member
teams regularly engage; or
``(bb) any minor league team
that is affiliated 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
contests 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 STUDENTS.
(a) Limitations.--
(1) In general.--Section 214 (8 U.S.C. 1184) is amended by
adding at the end the following new subsection:
``(l)(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 education at such school for
the period of the alien's attendance.
``(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).''.
[[Page 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(l)'' after ``such a course of study''.
(b) Reference to New Ground of Exclusion for Student Visa Abusers.--
For addition of ground of inadmissibility for certain nonimmigrant
student abusers, see section 347 of this division.
(c) <<NOTE: 8 USC 1101 note.>> Effective Date.--The amendments made
by subsection (a) shall apply to individuals 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. 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. <<NOTE: 8 USC 1363b.>> (a) In General.--To the extent
provided in appropriation 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
subsistence, 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''.
[[Page 110 STAT. 3009-701]]
(b) Authorizing Application of Reciprocity Rule for Nonimmigrant
Visa in Case of Refugees and Permanent Residents.--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 refugees 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.''.
(b) <<NOTE: 8 USC 1202 note.>> 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
procedures 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--
[[Page 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 jointly'' and inserting ``Attorney
General, in consultation with the Secretary of State,''; and
(3) in subsection (d), by striking ``Attorney General 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 Program
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
disqualification rate.--Upon determination by the
Attorney General 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
paragraph (3), if the program country's disqualification
rate is 3.5 percent or more, the Attorney General shall
terminate the country's designation as a pilot program
country effective at the beginning of the second fiscal
year following the fiscal year in which the
determination under subparagraph (A) is made.
``(2) Termination of probationary status.--
[[Page 110 STAT. 3009-703]]
``(A) In general.--If the Attorney General
determines at the end of the probationary period
described in paragraph (1)(B) that the program country
placed in probationary status under such paragraph has
failed to develop a machine-readable passport program as
required by section (c)(2)(C), or has a disqualification
rate of 2 percent or more, the Attorney General shall
terminate the designation 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 Attorney General shall redesignate
the country as a pilot program country.
``(B) Effective date.--A termination of the
designation 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 applied for admission as nonimmigrant visitors
during such fiscal year.''.
(2) <<NOTE: 8 USC 1187 note.>> 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 paragraph (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.
SEC. 636. <<NOTE: 8 USC 1153 note.>> 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
[[Page 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. <<NOTE: 8 USC 1153 note.>> ELIGIBILITY FOR VISAS FOR CERTAIN
POLISH APPLICANTS 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 section
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 General,
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 subsection (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. <<NOTE: 8 USC 1372.>> PROGRAM TO COLLECT INFORMATION RELATING
TO NONIMMIGRANT FOREIGN STUDENTS AND OTHER EXCHANGE PROGRAM
PARTICIPANTS.
(a) In General.--
(1) Program.--The Attorney General, in consultation with the
Secretary of State and the Secretary of Education, shall develop
and conduct a program to collect from approved institutions of
higher education and designated exchange visitor programs in the
United States the information described in subsection (c) with
respect to aliens who--
(A) have the status, or are applying 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.
[[Page 110 STAT. 3009-705]]
(b) Covered Countries.--The Attorney General, in consultation with
the Secretary of State, shall designate countries for purposes 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
subsection (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 program; and
(D) 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 convicted 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 necessary to
carry out the program under subsection (a).
(3) Electronic collection.--The information described in
paragraph (1) shall be collected electronically, where
practicable.
(4) Computer software.--
(A) Collecting institutions.--To the extent
practicable, 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 information 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
[[Page 110 STAT. 3009-706]]
granting of authority to issue documents to an alien
demonstrating the alien's eligibility for a visa under
subparagraph (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
information, 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
visitor 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 education
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 subparagraph (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 Government).
(4) Amount and use of fees.--
(A) Establishment of amount.--The Attorney General
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
program 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 commencement 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.--
[[Page 110 STAT. 3009-707]]
(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.
SEC. 642. <<NOTE: 8 USC 1373.>> COMMUNICATION BETWEEN GOVERNMENT
AGENCIES AND THE IMMIGRATION AND NATURALIZATION SERVICE.
(a) In General.--Notwithstanding any other provision of Federal,
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.--Notwithstanding
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.
[[Page 110 STAT. 3009-708]]
SEC. 643. <<NOTE: 48 USC 1901 note.>> REGULATIONS REGARDING HABITUAL
RESIDENCE.
Not later than 6 months after the date of the enactment of this Act,
the Commissioner of Immigration and Naturalization 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 Government
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 Government
of the United States and the Government of Palau (48 U.S.C. 1931
note).
SEC. 644. <<NOTE: 8 USC 1374.>> INFORMATION REGARDING FEMALE GENITAL
MUTILATION.
(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
psychological 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
societies 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) <<NOTE: 18 USC 116 note.>> Findings.--The Congress finds that--
(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
constitutional;
(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
prohibited without abridging the exercise of any rights
guaranteed
[[Page 110 STAT. 3009-709]]
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:
``Sec. 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.''.
(c) <<NOTE: 18 USC 116 note.>> 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.
SEC. 646. <<NOTE: 8 USC 1255 note.>> 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
[[Page 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 Nationality 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 application 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. <<NOTE: 8 USC 1448 note.>> SUPPORT OF DEMONSTRATION PROJECTS.
(a) In General.--The Attorney General 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 demonstration 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 participation 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 General shall consider changing the sites
selected from year to year.
(c) Amounts Available; Use of Funds.--
(1) Amount.--The amount made available under this section
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
Naturalization Service (including travel and overtime
expenses);
(B) rental of space; and
(C) costs of printing appropriate brochures and
other information about the ceremonies.
[[Page 110 STAT. 3009-711]]
(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
demonstration 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 General, in
a form and manner specified by the Attorney General.
SEC. 648. <<NOTE: 8 USC 1101 note.>> SENSE OF CONGRESS REGARDING
AMERICAN-MADE PRODUCTS; REQUIREMENTS REGARDING NOTICE.
(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 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 ADMINISTRATIVE
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''.
[[Page 110 STAT. 3009-712]]
SEC. 652. <<NOTE: 8 USC 1375.>> MAIL-ORDER BRIDE BUSINESS.
(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 unaware
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 permanent
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
disseminate to recruits, upon recruitment, such immigration and
naturalization information as the Immigration and Naturalization
Service deems appropriate, in the recruit's native language,
including information regarding conditional permanent residence
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;
[[Page 110 STAT. 3009-713]]
(2) the extent of marriage fraud in such marriages,
including an estimate of the extent of marriage fraud arising
from the services provided by international matchmaking
organizations;
(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)(1)(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 enactment
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
matchmaking 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
organization in a country other than the United
States.
(B) Exception.--Such term does not include a
traditional 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,
nonresident 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
[[Page 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 determine--
(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 workers 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
agricultural 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 Nationality
Act.
SEC. 654. REPORT ON ALLEGATIONS OF HARASSMENT BY CANADIAN 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 purpose 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 paragraph
(1), the Commissioner of the United States Customs Service shall
consult with representatives of the State of Maine,
[[Page 110 STAT. 3009-715]]
local governments, local businesses, and any other knowledgeable
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
imposition 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 Brunswick'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 Representative
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
discriminatory 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
[[Page 110 STAT. 3009-716]]
dispute resolution process in chapter 20 of the North American
Free Trade Agreement for the violation.
SEC. 656. <<NOTE: 5 USC 301 note.>> IMPROVEMENTS IN IDENTIFICATION-
RELATED DOCUMENTS.
(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 certificate of birth, unless the
certificate--
(I) is a birth certificate (as
defined in paragraph (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 custodian 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 conform; and
(III) shall accommodate the
differences between the States in the
manner and form in
[[Page 110 STAT. 3009-717]]
which birth records are stored and birth
certificates are produced from 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 certificates 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 certificates 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
consulting 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
demonstrate 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
[[Page 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
custodian of record and was produced from birth
records maintained by such custodian of record.
(b) State-Issued Drivers Licenses and Comparable Identification
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 presentation of such evidence of identity as
is required by regulations promulgated by the
Secretary of Transportation 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 submit 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
regulations are promulgated under paragraph (1), the Secretary
of
[[Page 110 STAT. 3009-719]]
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.--Subparagraphs
(A) and (B) of paragraph (1) shall take effect beginning
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 enactment
of this Act, the Secretary of Health and Human Services shall submit a
report to the Congress on ways to reduce the fraudulent 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 agency'' 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.
SEC. 657. <<NOTE: 42 USC 405 note.>> DEVELOPMENT OF PROTOTYPE OF
COUNTERFEIT-RESISTANT SOCIAL SECURITY CARD.
(a) Development.--
(1) In general.--The Commissioner of Social Security (in
this section referred to as the ``Commissioner'') shall, in
accordance 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
material such as plastic or polyester;
(B) shall employ technologies that provide security
features, 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 General
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 process.
[[Page 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
prototype 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 equipment, 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 authorized 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 demonstrating 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 TRANSPORTATION 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 substance.''.
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).--
[[Page 110 STAT. 3009-721]]
(1) Section 60024(1)(F) of the Violent Crime Control and Law
Enforcement Act of <<NOTE: 8 USC 1324.>> 1994 (Public Law 103-
322) (in this subsection referred to as ``VCCLEA'') is amended
by inserting ``United States Code,'' after ``title 18,''.
(2) Section 130003(b)(3) of VCCLEA <<NOTE: 8 USC 1258.>> 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 (l),
respectively.
(B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is
amended 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
VCCLEA <<NOTE: 8 USC 1255.>> and as redesignated by paragraph
(4)(A), is amended by striking ``paragraphs (1) or (2)'' and
inserting ``paragraph (1) or (2)''.
(6) Section 130007(a) of VCCLEA <<NOTE: 8 USC 1252 note.>>
is amended by striking ``242A(d)'' and inserting ``242A(a)(3)''.
(7) <<NOTE: 8 USC 1101 note.>> 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
Technical Corrections <<NOTE: 8 USC 1401 note.>> Act of 1994
(Public 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
Transmission 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.''.
(2) Section 102 <<NOTE: 8 USC 1433 note.>> of INTCA is
amended by adding at the end the following:
``(e) Transition.--In applying the amendment made by subsection (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''.
(4) Section 207(2) <<NOTE: 8 USC 1255b.>> of INTCA is
amended by inserting a comma after ``specified''.
[[Page 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) <<NOTE: 8 USC 1323.>> of INTCA is
amended by striking ``$3000'' and inserting ``$3,000''.
(8) Section 209(b) <<NOTE: 8 USC 1323 note.>> of INTCA is
amended by striking ``subsection'' and inserting ``section''.
(9) Section 219(cc) <<NOTE: 8 USC 1255a note.>> of INTCA is
amended by striking `` `year 1993 the first place it appears' ''
and inserting `` `year 1993' the first place it appears''.
(10) Section 219(ee) <<NOTE: 8 USC 1161 note.>> of INTCA is
amended by adding at 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 <<NOTE: 8 USC 1101 note.>> of INTCA is
amended--
(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) <<NOTE: 8 USC 1101 note.>> Except as otherwise
provided in this subsection, the 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)'' and 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
sections 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 <<NOTE: 8 USC 1252a.>> adding
at the end the following:''
(5) Section 440(g)(1)(A) of AEDPA is amended--
[[Page 110 STAT. 3009-723]]
(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 paragraph
(2).
(7) The <<NOTE: 8 USC 1189 note.>> amendments made by this
subsection shall take effect as if included in the enactment of
subtitle A of title IV of AEPDA.
(d) Striking References to Section 210A.--
(1)(A) Section 201(b)(1)(C) (8 U.S.C. 1151(b)(1)(C)) is
amended by striking ``, 210A,''.
(B) Section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) is
amended by striking ``, 210A(a),''.
(C) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), before
redesignation by section 305(a)(2) of this division, is amended
by striking subparagraph (F).
(2) Sections 204(c)(1)(D)(i) and 204(j)(4) of Immigration
Reform and Control Act of 1986 <<NOTE: 8 USC 1255a note.>> are
each amended by striking ``, 210A,''.
(e) Miscellaneous Changes in the Immigration and Nationality Act.--
(1) Before being amended by section 308(a)(2) of this
division, 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 aggravated felonies.''.
(2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is amended by
striking ``, 321, and 322'' and inserting ``and 321''.
(3) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) 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(a)(2) of title 49, United States Code''; and
(B) section 258(b)(2) (8 U.S.C. 1288(b)(2)) is
amended by striking ``section 105 or 106 of the
Hazardous Materials Transportation Act (49 U.S.C. App.
1804, 1805)'' and inserting ``section 5103(b), 5104,
5106, 5107, or 5110 of title 49, United States Code''.
(5) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A)) is amended
by inserting a period after ``expended''.
(6) Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is
amended--
(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 Secretary'' in paragraph (4).
[[Page 110 STAT. 3009-724]]
(f) Miscellaneous Change in the Immigration Act of 1990.--Section
161(c)(3) <<NOTE: 8 USC 1101 note.>> 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 Intelligence Authorization Act,
Fiscal Year 1990 (Public Law 101-193) <<NOTE: 8 USC 1430
note.>> 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 <<NOTE: 8 USC 1182 note.>> 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 <<NOTE: Small Business Programs Improvement Act of 1996. 15 USC
631 note.>> 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.
[[Page 110 STAT. 3009-725]]
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.
SEC. 2. <<NOTE: 15 USC 631 note.>> ADMINISTRATOR DEFINED.
For purposes of this Act, the term ``Administrator'' means the
Administrator of the Small Business Administration.
SEC. 3. <<NOTE: 15 USC 633 note.>> 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. 101. 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 DATABASE.
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
establish, 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 generate a database capable of providing
timely and accurate information in order to identify
loan underwriting, collections, 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
debenture;
``(iv) the total dollar amount of government
exposure 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);
[[Page 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 Lenders.--
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 liquidate such loans without
obtaining the prior specific 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 October 1, 1996.
[[Page 110 STAT. 3009-727]]
``(B) Pilot program defined.--In this paragraph, the
term `pilot program' means any lending program
initiative, project, innovation, or other activity not
specifically authorized 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 regulations 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 paragraph:
``(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 appropriate 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
guaranteed 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 payment 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.--
[[Page 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 paragraph (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
centralized loan servicing centers;
(B) the proposed workload (identified by type and
numbers 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 financial 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 Representatives
and Senate.
(h) <<NOTE: 15 USC 634 note.>> Preferred Lender Standard Review
Program.--Not 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 comprehensive
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 paragraph (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
assessment 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--
[[Page 110 STAT. 3009-729]]
(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
Management 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 provide
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 confidentiality
of any information for which confidentiality is protected 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
pursuant to paragraph (2); and
(ii) its independent recommendations for
improving program performance with respect to each
loan program, regarding--
(I) improving the timely collection
and subsequent 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.
(a) <<NOTE: 15 USC 636 note.>> Private Sector Loan Servicing
Demonstration Program.--
(1) In general.--
(A) Demonstration program required.--Notwithstanding
any other provision of law, the Administration
[[Page 110 STAT. 3009-730]]
shall conduct a demonstration program, within the
parameters described in paragraph (2), to evaluate the
comparative costs and benefits of having the
Administration's portfolio 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
demonstration 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 representative 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 distribution and such other factors
as the Administration determines 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 demonstration
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 demonstration 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
Administrator 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 demonstration 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,''.
[[Page 110 STAT. 3009-731]]
(2) <<NOTE: 15 USC 632 note.>> 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 Development
Centers.--
(1) Duties.--Section 21(h) (15 U.S.C. 648(h)) is amended to
read as follows:
``(h) Associate Administrator for Small Business Development
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 without
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 General
Schedule.
``(2) Duties.--
``(A) In general.--The sole responsibility of the
Associate Administrator for Small Business Development
Centers shall be to administer the small business
development center program. Duties of the position shall
include recommending 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 concurrence 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
[[Page 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 agreements.--
``(A) In general.--In extending or renewing a
cooperative agreement of a small business development
center, the Administration shall consider the results of
the examination 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 development
center unless the center has been approved under the
certification program conducted pursuant to this
subsection, except that the Associate Administrator for
Small Business Development Centers may waive such
certification 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(l) (15 U.S.C. 648(l)) is
amended to read as follows:
``(l) Contract Authority.--The authority to enter into contracts
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 therefore 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(l) (15 U.S.C. 636(l)) is amended to
read as follows:
``(l) [RESERVED].''.
SEC. 108. SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM.
(a) Extension of Demonstration Program.--
[[Page 110 STAT. 3009-733]]
(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
Competitiveness 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
Competitiveness 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 Competitiveness
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)(1)(C) (15 U.S.C. 638(n)(1)(C)) is amended by striking
``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
[[Page 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 subclauses (I), (II),
and (III) of clause (i).
``(C) Funding from a small business concern.--The
small business concern (or its owners, stockholders, or
affiliates) 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.''.
[[Page 110 STAT. 3009-735]]
(b) Guarantee Fee for Development Company Debentures.--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 determine 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 appropriated funds, would permit the
Administration to purchase 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 servicing 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 Administration 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.
697a) <<NOTE: 15 USC 697.>> 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
[[Page 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 administration 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. <<NOTE: 15 USC 695 note.>> LOAN LIQUIDATION PILOT PROGRAM.
(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 company
shall--
(A) have not less than 6 years of experience in the
program established by title V of the Small Business
Investment Act of 1958;
[[Page 110 STAT. 3009-737]]
(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 Business Investment Act of 1958;
(C) have not less than 2 years of experience in
liquidating loans under the authority of a Federal,
State, or other lending program; and
(D) meet such other requirements as the
Administration 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,
including 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
development 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
Administration;
(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.
[[Page 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 amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D);
(2) by striking ``(h)'' and inserting ``(h)(1)'';
(3) by striking subparagraph (A), as redesignated by
paragraph (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 Investment
Company Program.--Section 321(f) (15 U.S.C. 687l(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
subparagraphs (A) through (D);
(2) by striking ``(f)'' and inserting ``(f)(1)'';
(3) by striking subparagraph (A), as redesignated by
paragraph (1) of this subsection, and inserting the following:
``(A) provide for a central registration of all
trust certificates 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. 206. PREFERRED SURETY BOND GUARANTEE PROGRAM.
(a) Admissions of Additional Program Participants.--Section
411(a) <<NOTE: 15 USC 694b.>> (15 U.S.C. 694(a)) is amended by adding a
new paragraph (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
regulations pursuant to subsection (d).
``(B) The Administration is authorized to reduce the
allotment 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.''.
[[Page 110 STAT. 3009-739]]
(b) <<NOTE: 15 USC 694b note.>> Effective Date.--The amendments
made by subsection (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 mandates 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
following: ``, 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
pursuant 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 partners of a partnership licensee, or the
equity investment of the members of a limited
liability company licensee; and
``(ii) unfunded binding commitments, from
investors that meet criteria established by the
Administrator, to contribute capital to the
licensee: Provided, That such unfunded commitments
may be counted as private capital for purposes of
approval by the Administrator 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
leverage; or
``(iii) funds obtained directly or indirectly
from any Federal, State, or local government, or
any government agency or instrumentality, except
for--
[[Page 110 STAT. 3009-740]]
``(I) funds invested by an employee
welfare benefit plan or pension plan;
and
``(II) 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
business 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
provided 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 industry 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
provision 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
[[Page 110 STAT. 3009-741]]
``(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 employees;
``(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 Companies.--
(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 prescribed 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
subsections (a) and (c) of section 302; and
``(ii) the management of the applicant is
qualified and has the knowledge, experience, and
capability necessary 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;
[[Page 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 financial soundness; and
``(C) shall not take into consideration any
projected shortage or unavailability of leverage.
``(4) Exception.--
``(A) In general.--Notwithstanding any other
provision 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 satisfy the requirements of section
302(a); and
``(iii) has a viable business plan reasonably
projecting 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) <<NOTE: 15 USC 681 note.>> Effect on existing
licenses.--The repeal under 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 determine 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
authorized 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
circumstances and good cause, permit the private capital of a
licensee authorized or seeking authorization to issue
participating securities to be purchased or guaranteed by the
Administration 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.
[[Page 110 STAT. 3009-743]]
``(3) Adequacy.--In addition to the requirements of
paragraph (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 enterprises; 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 independence 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 Government; 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 otherwise.''.
(3) Requirement to finance smaller enterprises.--Section
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 than 20
percent of the aggregate dollar amount of the financings of the licensee
will be provided to smaller enterprises.''.
(4) Capital impairment requirements.--
[[Page 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 Administrator--
``(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 determined 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 otherwise
contribute to an unreasonable risk of default or loss to the
Federal Government.''.
(B) <<NOTE: 15 USC 683 note.>> Regulations.--
(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
subparagraph, 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 Administration'';
(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) Leverage 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 and
participating securities under this Act.''.
[[Page 110 STAT. 3009-745]]
(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 qualifications to conduct and expertise in
conducting 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
investments 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 determines 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 writing 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 Administrator 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
documentation used by the licensee in
preparing the valuations required by
this section; and
``(II) a statement by the
independent certified public accountant
that such valuations were prepared 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--
[[Page 110 STAT. 3009-746]]
(A) the term ``Administrator'' means the
Administrator of the Small Business Adminstration;
(B) the term ``Administration'' means the Small
Business 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 1958.--The Small
Business Investment Act of 1958 (15 U.S.C. 661 et seq.) is
amended--
(A) in section 303 <<NOTE: 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
anticipated; and
``(D) the estimate of the Administrator of any
anticipated 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'';
[[Page 110 STAT. 3009-747]]
(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) <<NOTE: 15 USC 687.>> , by
striking ``subsection (c) or (d) of section 301'' each
place that term appears and inserting ``section 301'';
(C) in section 310(c)(4) <<NOTE: 15 USC 687b.>> , by
striking ``not less than four years in the case of
section 301(d) licensees and in all other cases,'';
(D) in section 312 <<NOTE: 15 USC 687d.>> --
(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 <<NOTE: 15 USC
80a-18, 687i-687m.>> , and redesignating sections 319
through 322 as sections 317 through 320, respectively;
(F) in section 319 <<NOTE: 15 USC 687l.>> , as
redesignated--
(i) in subsection (a), by striking ``,
including companies 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, <<NOTE: 15 USC 687m.>> as
redesignated, by striking ``section 321'' and inserting
``section 319''; and
(H) in section 509 <<NOTE: 15 USC 697f.>> --
(i) in subsection (a)(1), by striking the
second sentence; 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 Federal
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 Administrator
may, in the discretion of and pursuant to regulations
promulgated by the Administrator, authorize participating
lending institutions to take actions relating to loan servicing
on behalf of the Administrator, including determining
eligibility and creditworthiness and loan monitoring,
collection, and liquidation''.
(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) <<NOTE: 15 USC 634 note.>> Effective Date.--This section
and the amendments made by this section shall become effective on the
date of enactment of this Act.
[[Page 110 STAT. 3009-748]]
DIVISION E
TITLE I--CALIFORNIA <<NOTE: California Bay-Delta Environmental
Enhancement and Water Security Act.>> BAY-DELTA ENVIRONMENTAL
ENHANCEMENT AND WATER SECURITY ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``California Bay-Delta
Environmental 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 Governor
of California on July 11, 1996. Funds appropriated pursuant to this
section shall remain available until expended and shall be administered
in accordance with procedures established by CALFED Bay-Delta Program
until Congress authorizes another entity that is recommended by CALFED
Bay-Delta Program to carry out this section.
(b) Funds authorized to be appropriated pursuant to this section
to those agencies that are currently or subsequently become participants
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 California
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/Sacramento-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
departments that are currently or subsequently become participants in
the CALFED Bay-Delta Program are hereby authorized to undertake 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
[[Page 110 STAT. 3009-749]]
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 ecosystem 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 Appropriations
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
Appropriations).
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.
<all>