[105th Congress Public Law 18]
[From the U.S. Government Printing Office]
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[DOCID: f:publ18.105]
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1997 EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR RECOVERY FROM NATURAL
DISASTERS, AND FOR OVERSEAS PEACEKEEPING EFFORTS, INCLUDING THOSE IN
BOSNIA
[[Page 111 STAT. 158]]
Public Law 105-18
105th Congress
An Act
Making emergency supplemental appropriations for recovery from natural
disasters, and for overseas peacekeeping efforts, including those in
Bosnia, for the fiscal year ending September 30, 1997, and for other
purposes. <<NOTE: June 12, 1997 - [H.R. 1871]>>
Be it enacted by the Senate and House of Representatives of the
United States of <<NOTE: 1997 Emergency Supplemental Appropriations Act
for Recovery from Natural Disasters, and for Overseas Peacekeeping
Efforts, Including Those in Bosnia.>> America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for recovery from natural
disasters, and for overseas peacekeeping efforts, including those in
Bosnia, for the fiscal year ending September 30, 1997, and for other
purposes, namely:
TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE DEPARTMENT OF
DEFENSE
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$306,800,000: Provided, That such amount is designated by 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, Navy
For an additional amount for ``Military Personnel, Navy'',
$7,900,000: Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$300,000: Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
[[Page 111 STAT. 159]]
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$29,100,000: Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For an additional amount for ``Overseas Contingency Operations
Transfer Fund'', $1,430,100,000: Provided, That the Secretary of Defense
may transfer these funds only to Department of Defense operation and
maintenance accounts: Provided further, That the funds transferred shall
be merged with and shall be available for the same purposes and for the
same time period, as the appropriation to which transferred: Provided
further, That the transfer authority provided in this paragraph is in
addition to any other transfer authority available to the Department of
Defense: Provided further, That such amount is designated by Congress as
an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
OPLAN 34A/35 P.O.W. Payments
For payments to individuals under section 657 of Public Law 104-201,
$20,000,000, to remain available until expended.
REVOLVING AND MANAGEMENT FUNDS
Reserve Mobilization Income Insurance Fund
For an additional amount for the ``Reserve Mobilization Income
Insurance Fund'', $72,000,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 1
(transfer of funds)
Sec. 101. The Secretary of the Navy shall transfer up to $23,000,000
to ``Operation and Maintenance, Marine Corps'' from the following
accounts in the specified amounts, to be available only for reimbursing
costs incurred for repairing damage caused by hurricanes, flooding, and
other natural disasters during 1996 and 1997 to real property and
facilities at Marine Corps facilities (including Camp Lejeune, North
Carolina; Cherry Point, North Carolina; and the Mountain Warfare
Training Center, Bridgeport, California);
``Military Personnel, Marine Corps'', $4,000,000;
``Operation and Maintenance, Marine Corps'', $11,000,000;
[[Page 111 STAT. 160]]
``Procurement of Ammunition, Navy and Marine Corps, 1996/
1998'', $4,000,000; and
``Procurement, Marine Corps, 1996/1998'', $4,000,000.
Sec. 102. In addition to the amounts appropriated in title VI of the
Department of Defense Appropriations Act, 1997 (as contained in section
101(b) of Public Law 104-208), under the heading ``Defense Health
Program'', $21,000,000 is hereby appropriated and made available only
for the provision of direct patient care at military treatment
facilities.
Sec. 103. In addition to the amounts appropriated in title II of the
Department of Defense Appropriations Act, 1997 (as contained in section
101(b) of Public Law 104-208), under the heading ``Operation and
Maintenance, Defense-Wide'', $10,000,000 is hereby appropriated and made
available only for force protection and counter-terrorism initiatives.
Sec. 104. In addition to the amounts provided in Public Law 104-208,
$25,800,000 is appropriated under the heading ``Overseas Humanitarian,
Disaster and Civic Aid'': Provided, That from the funds available under
that heading, the Secretary of Defense shall make a grant in the amount
of $25,800,000 to the American Red Cross for Armed Forces emergency
services.
Sec. 105. Report <<NOTE: President.>> on Cost and Source of Funds
for Military Activities Relating to Bosnia.--(a) Not later than 60 days
after enactment of this Act, the President shall submit to Congress the
report described in subsection (b).
(b) Report Elements.--The report referred to in subsection (a) shall
include the following:
(1) A detailed description of the estimated cumulative cost
of all United States activities relating to Bosnia after
December 1, 1995, including--
(A) the cost of all deployments, training
activities, and mobilization and other preparatory
activities of the Armed Forces; and
(B) the cost of all other activities relating to
United States policy toward Bosnia, including
humanitarian assistance, reconstruction assistance, aid
and other financial assistance, the rescheduling or
forgiveness of bilateral or multilateral aid, in-kind
contributions, and any other activities of the United
States Government.
(2) A detailed accounting of the source of funds obligated
or expended to meet the costs described in paragraph (1),
including--
(A) in the case of expenditures of funds of
Department of Defense, a breakdown of such expenditures
by military service or defense agency, line item, and
program; and
(B) in the case of expenditures of funds of other
departments and agencies of the United States, a
breakdown of such expenditures by department or agency
and by program.
Sec. 106. For an additional amount for ``Family Housing, Navy and
Marine Corps'' to cover the incremental Operation and Maintenance costs
arising from hurricane damage to family housing units at Marine Corps
Base Camp Lejeune, North Carolina and Marine Corps Air Station Cherry
Point, North Carolina, $6,480,000, as authorized by 10 U.S.C. 2854.
[[Page 111 STAT. 161]]
CHAPTER 2
RESCISSIONS
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $57,000,000 are rescinded.
Military Personnel, Navy
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $18,000,000 are rescinded.
Military Personnel, Marine Corps
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $5,000,000 are rescinded.
Military Personnel, Air Force
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $23,000,000 are rescinded.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $196,000,000 are rescinded.
Operation and Maintenance, Navy
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $51,000,000 are rescinded.
Operation and Maintenance, Marine Corps
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $3,000,000 are rescinded.
[[Page 111 STAT. 162]]
Operation and Maintenance, Air Force
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $117,000,000 are rescinded.
Operation and Maintenance, Defense-Wide
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $25,000,000 are rescinded.
Environmental Restoration, Army
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.
Environmental Restoration, Navy
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.
Environmental Restoration, Air Force
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.
Environmental Restoration, Defense-Wide
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.
Environmental Restoration, Formerly Used Defense Sites
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.
Former Soviet Union Threat Reduction
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $2,000,000 are rescinded.
[[Page 111 STAT. 163]]
PROCUREMENT
Aircraft Procurement, Army
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $1,085,000 are rescinded.
Of the funds made available under this heading in Public Law 104-61,
$5,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $13,000,000 are rescinded.
Missile Procurement, Army
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $2,707,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $24,000,000 are rescinded.
Procurement of Weapons and Tracked Combat Vehicles, Army
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $2,296,000 are rescinded.
Of the funds made available under this heading in Public Law 104-61,
$15,400,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $5,000,000 are rescinded.
Procurement of Ammunition, Army
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $3,236,000 are rescinded.
Of the funds made available under this heading in Public Law 104-61,
$18,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $11,000,000 are rescinded.
Other Procurement, Army
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $2,502,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $21,000,000 are rescinded.
Aircraft Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $34,000,000 are rescinded.
[[Page 111 STAT. 164]]
Of the funds made available under this heading in Public Law 104-
208, $52,000,000 are rescinded.
Weapons Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $16,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $6,000,000 are rescinded.
Procurement of Ammunition, Navy and Marine Corps
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $812,000 are rescinded.
Shipbuilding and Conversion, Navy
(rescissions)
Of the funds made available under this heading in Public Law 102-
396, $10,000,000 are rescinded.
Of the funds made available under this heading in Public Law 103-
139, $18,700,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $33,000,000 are rescinded.
Other Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $4,237,000 are rescinded.
Of the funds made available under this heading in Public Law 104-61,
$3,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $8,000,000 are rescinded.
Procurement, Marine Corps
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $1,207,000 are rescinded.
Aircraft Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $49,376,000 are rescinded.
Of the funds made available under this heading in Public Law 104-61,
$40,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $41,000,000 are rescinded.
[[Page 111 STAT. 165]]
Missile Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $16,020,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $163,000,000 are rescinded.
Procurement of Ammunition, Air Force
(rescission)
Of the funds made available under this heading in Public Law 104-61,
$7,700,000 are rescinded.
Other Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $3,659,000 are rescinded.
Of the funds made available under this heading in Public Law 104-61,
$10,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $20,000,000 are rescinded.
Procurement, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $8,860,000 are rescinded.
Of the funds made available under this heading in Public Law 104-61,
$16,113,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $5,000,000 are rescinded.
National Guard and Reserve Equipment
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $5,029,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $8,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
(rescissions)
Of the funds made available under this heading in Public Law 104-61,
$4,366,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $18,000,000 are rescinded.
[[Page 111 STAT. 166]]
Research, Development, Test and Evaluation, Navy
(rescissions)
Of the funds made available under this heading in Public Law 104-61,
$16,878,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $9,600,000 are rescinded.
Research, Development, Test and Evaluation, Air Force
(rescissions)
Of the funds made available under this heading in Public Law 104-61,
$24,245,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $172,000,000 are rescinded.
Research, Development, Test and Evaluation, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public Law 104-61,
$95,714,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $87,000,000 are rescinded.
Developmental Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public Law 104-61,
$6,692,000 are rescinded.
Operational Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public Law 104-61,
$160,000 are rescinded.
REVOLVING AND MANAGEMENT FUNDS
National Defense Sealift Fund
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $25,200,000 are rescinded.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $21,000,000 are rescinded.
[[Page 111 STAT. 167]]
Chemical Agents and Munitions Destruction, Defense
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $456,000 are rescinded.
Of the funds made available under this heading in Public Law 104-61,
$20,652,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $27,000,000 are rescinded.
Drug Interdiction and Counter-Drug Activities, Defense
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $2,000,000 are rescinded.
GENERAL PROVISIONS, CHAPTER 2
(rescissions)
Sec. 201. Of the funds appropriated in the Military Construction
Appropriations Act, 1996 (Public Law 104-32), amounts are hereby
rescinded from the following accounts in the specified amounts:
``Military Construction, Air National Guard'', $5,000,000;
``Military Construction, Defense-wide'', $41,000,000;
``Base Realignment and Closure Account, Part II'',
$35,391,000;
``Base Realignment and Closure Account, Part III'',
$75,638,000; and
``Base Realignment and Closure Account, Part IV'',
$22,971,000:
Provided, That of the funds appropriated in the Military Construction
Appropriations Act, 1997 (Public Law 104-196), amounts are hereby
rescinded from the following accounts in the specified amounts:
``Military Construction, Army'', $1,000,000;
``Military Construction, Navy'', $2,000,000;
``Military Construction, Air Force'', $3,000,000; and
``Military Construction, Defense-wide'', $3,000,000.
(rescission)
Sec. 202. Of the funds appropriated for ``Military Construction,
Navy'' under Public Law 103-307, $6,480,000 is hereby rescinded.
CHAPTER 3
GENERAL PROVISIONS--THIS TITLE
Sec. 301. The <<NOTE: Reports.>> Department of Defense is directed
to report to the congressional defense committees 30 days prior to
transferring management, development, and acquisition authority over the
elements of the National Missile Defense Program from the Military
Services: Provided, That the Joint Requirements Oversight Council is
directed to conduct an analysis and submit recommendations as to the
recommended future roles of the Military Services with
[[Page 111 STAT. 168]]
respect to development and deployment of the elements of the National
Missile Defense Program: Provided further, That the analysis and
recommendations shall be submitted to the congressional defense
committees within 60 days of enactment of this Act: Provided further,
That for 60 days following enactment of this Act, the Department of
Defense shall take no actions to delay or defer planned activities under
the National Missile Defense Program based solely on the conduct of the
Joint Requirements Oversight Council analysis.
Sec. 302. Notwithstanding section 3612(a) of title 22, United States
Code, the incumbent may continue to serve as the Secretary of Defense
designee on the Board of the Panama Canal Commission if he retires as an
officer of the Department of Defense, until and unless the Secretary of
Defense designates another person to serve in this position.
Sec. 303. Authority of Secretary of Defense to Enter Into Lease of
Building No. 1, Lexington Blue Grass Station, Lexington, Kentucky.--
(a) Authority to enter into lease.--The Secretary of Defense
may enter into an agreement for the lease of Building No. 1,
Lexington Blue Grass Station, Lexington, Kentucky, and any real
property associated with the building, for purposes of the use
of the building by the Defense Finance and Accounting Service.
The agreement shall meet the requirements of this section.
(b) Term.--(1) The agreement under this section shall
provide for a lease term of not to exceed 50 years, but may
provide for one or more options to renew or extend the term of
the lease.
(2) The agreement shall include a provision specifying that,
if the Secretary ceases to require the leased building for
purpose of the use of the building by the Defense Finance and
Accounting Service before the expiration of the term of the
lease (including any extension or renewal of the term under an
option provided for in paragraph (1)), the remainder of the
lease term may, upon the approval of the lessor of the building,
be satisfied by the Secretary or another department or agency of
the Federal Government (including a military department) for
another purpose similar to such purpose.
(c) Consideration.--(1) The agreement under this section may
not require rental payments by the United States under the lease
under the agreement.
(2) The Secretary or other lessee, if any, under subsection
(b)(2) shall be responsible under the agreement for payment of
any utilities associated with the lease of the building covered
by the agreement and for maintenance and repair of the building.
(d) Improvement.--The agreement under this section may
provide for the improvement of the building covered by the
agreement by the Secretary or other lessee, if any, under
subsection (b)(2).
(e) Limitation on certain activities.--The Secretary may not
obligate or expend funds for the costs of any utilities,
maintenance and repair, or improvements under this lease under
this section in any fiscal year unless funds are appropriated or
otherwise made available for the Department of Defense for such
payment in such fiscal year.
[[Page 111 STAT. 169]]
Sec. 304. Notwithstanding 31 U.S.C. 1502(a), 31 U.S.C. 1552(a), and
31 U.S.C. 1553(a), funds appropriated in Public Law 101-511, Public Law
102-396, and Public Law 103-139, under the heading ``Weapons
Procurement, Navy'', that were obligated and expended to settle claims
on the MK-50 torpedo program may continue to be obligated and expended
to settle those claims.
Sec. 305. None of the funds available to the Department of Defense
in this or any other Act shall be available to pay the cost of operating
a National Missile Defense Joint Program Office which includes more than
55 military and civilian personnel located in the National Capital
Region.
Sec. 306. Funds obligated by the National Aeronautics and Space
Administration (NASA) in the amount of $61,300,000 during fiscal year
1996, pursuant to the ``Memorandum of Agreement between the National
Aeronautics and Space Administration and the United States Air Force on
Titan IV/Centaur Launch Support for the Cassini Mission,'' signed
September 8, 1994, and September 23, 1994, and Attachments A, B, and C
to that Memorandum, shall be merged with Air Force appropriations
available for research, development, test and evaluation and procurement
for fiscal year 1996, and shall be available for the same time period as
the appropriation with which merged, and shall be available for
obligation only for those Titan IV vehicles and Titan IV-related
activities under contract.
Sec. 307. For <<NOTE: 10 USC 2358 note.>> the purposes of
implementing the 1997 Defense Experimental Program to Stimulate
Competitive Research (DEPSCoR), the term ``State'' means a State of the
United States, the District of Columbia, Puerto Rico, Guam and the
Virgin Islands of the United States, American Samoa and the Commonwealth
of the Northern Mariana Islands.
TITLE II--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM
NATURAL DISASTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
agricultural credit insurance fund program account
For an additional amount for the ``Agricultural Credit Insurance
Fund Program Account'' for the additional cost of direct and guaranteed
loans authorized by 7 U.S.C. 1928-1929, including the cost of modifying
such loans as defined in section 502 of the Congressional Budget Act of
1974, resulting from flooding and other natural disasters, $23,000,000,
to remain available until expended, of which $18,000,000 shall be
available for emergency insured loans and $5,000,000 shall be available
for subsidized guaranteed operating loans: Provided, That the entire
amount shall be available only to the extent that an official budget
request for $23,000,000 that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further, That
such amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
[[Page 111 STAT. 170]]
For an additional amount for the ``Agricultural Credit Insurance
Fund Program Account'' for the additional cost of direct operating loans
authorized by 7 U.S.C. 1928-1929, including the cost of modifying such
loans as defined in section 502 of the Congressional Budget Act of 1974,
$6,300,000, to remain available until expended.
emergency conservation program
For an additional amount for ``Emergency Conservation Program'' for
expenses, including carcass removal, resulting from flooding and other
natural disasters, $70,000,000, to remain available until expended:
Provided, That the entire amount shall be available only to the extent
that an official budget request for $70,000,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That such amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i) of such
Act.
tree assistance program
An amount of $9,000,000 is provided for assistance to small
orchardists to replace or rehabilitate trees and vineyards damaged by
natural disasters: Provided, That the entire amount shall be available
only to the extent that an official budget request of $9,000,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That such amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i) of such
Act.
Commodity Credit Corporation Fund
disaster reserve assistance program
Effective only for losses in the fiscal year beginning October 1,
1996, through the date of enactment of this Act, the Secretary may use
up to $50,000,000 from proceeds earned from the sale of grain in the
disaster reserve established in the Agricultural Act of 1970 to
implement a livestock indemnity program for losses from natural
disasters pursuant to a Presidential or Secretarial declaration
requested prior to the date of enactment of this Act in a manner similar
to catastrophic loss coverage available for other commodities under 7
U.S.C. 1508(b): Provided, That in administering a program described in
the preceding sentence, the Secretary shall, to the extent practicable,
utilize gross income and payment limitations conditions established for
the Disaster Reserve Assistance Program for the 1996 crop <<NOTE: 7 USC
1427a note.>> year: Provided further, That notwithstanding any other
provision of law, beginning on October 1, 1997, grain in the disaster
reserve established in the Agricultural Act of 1970 shall not exceed 20
million bushels: Provided further, That the entire amount shall be
available only to the extent an official budget request, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress:
[[Page 111 STAT. 171]]
Provided further, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of such Act.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood Prevention
Operations'' to repair damages to the waterways and watersheds,
including debris removal that would not be authorized under the
Emergency Watershed Program, resulting from flooding and other natural
disasters, including those in prior years, $166,000,000, to remain
available until expended: Provided, That the entire amount shall be
available only to the extent an official budget request for
$166,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided further, That the entire amount
is designated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of such Act: Provided further, That if the
Secretary determines that the cost of land and farm structures
restoration exceeds the fair market value of an affected agricultural
land, the Secretary may use sufficient amounts, not to exceed
$15,000,000, from funds provided under this heading to accept bids from
willing sellers to provide floodplain easements for such agricultural
land inundated by floods: Provided further, That none of the funds
provided under this heading shall be used for the salmon memorandum of
understanding.
Rural Housing Service
rural housing insurance fund program account
Rural Housing Assistance Program
Any unobligated balances remaining in the ``Rural Housing Insurance
Fund Program Account'' from prior years' disaster supplementals shall be
available until expended for Section 502 housing loans, Section 504
loans and grants, Section 515 loans, and domestic farm labor grants to
meet emergency needs resulting from natural disasters: Provided, That
such unobligated balances shall be available only to the extent an
official budget request that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985 is transmitted by the
President to the Congress: Provided further, That such unobligated
balances are designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of such Act: Provided further, That
notwithstanding section 520 of the Housing Act of 1949, as amended, (42
U.S.C. 1490) the College Station area of Pulaski County, Arkansas shall
be eligible for loans and grants available through the Rural Housing
Service: Provided further, That funds made available in Public Law 104-
180 for Community Facility Grants for the Rural Housing Assistance
Program may be provided to any community otherwise eligible for a
Community Facility Loan for expenses directly or indirectly resulting
from flooding and other natural disasters.
[[Page 111 STAT. 172]]
Rural Utilities Service
rural utilities assistance program
For an additional amount for ``Rural Utilities Assistance Program'',
for the cost of direct loans, loan guarantees, and grants, including the
cost of modifying loans as defined in section 502 of the Congressional
Budget Act of 1974, for emergency expenses resulting from flooding and
other natural disasters, $4,000,000, to remain available until September
30, 1998: Provided, That the entire amount shall be available only to
the extent that an official budget request for $4,000,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Food and Consumer Service
special supplemental nutrition program for women, infants, and children
(wic)
For an additional amount for the ``Special Supplemental Nutrition
Program for Women, Infants, and Children (WIC)'' as authorized by
section 17 of the Child Nutrition Act of 1966, as amended (42 U.S.C. et
seq.), $76,000,000, to remain available through September 30, 1998:
Provided, That the Secretary shall allocate such funds through the
existing formula or, notwithstanding sections 17(g), (h), or (i) of such
Act and the regulations promulgated thereunder, such other means as the
Secretary deems necessary.
GENERAL PROVISION, CHAPTER 1
SEC. 1001. COLLECTION <<NOTE: 7 USC 1622 note.>> AND DISSEMINATION OF
INFORMATION ON PRICES RECEIVED FOR BULK CHEESE.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary of Agriculture shall collect and disseminate,
on a weekly basis, statistically reliable information, obtained from
cheese manufacturing areas in the United States on prices received and
terms of trade involving bulk cheese, including information on the
national average price for bulk cheese sold through spot and forward
contract transactions. To the maximum extent practicable, the Secretary
shall report the prices and terms of trade for spot and forward contract
transactions separately.
(b) Confidentiality.--All information provided to, or acquired by,
the Secretary under subsection (a) shall be kept confidential by each
officer and employee of the Department of Agriculture except that
general weekly statements may be issued that are based on the
information and that do not identify the information provided by any
person.
(c) Report.--Not later than 150 days after the date of enactment of
this Act, the Secretary shall report to the Committee on Agriculture,
and the Committee on Appropriations, of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry, and the Committee
on Appropriations, of the Senate,
[[Page 111 STAT. 173]]
on the rate of reporting compliance by cheese manufacturers with respect
to the information collected under subsection (a). At the time of the
report, the Secretary may submit legislative recommendations to improve
the rate of reporting compliance.
(d) Termination of Effectiveness.--The authority provided by
subsection (a) terminates effective April 5, 1999.
CHAPTER 2
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development Assistance
Programs'' for emergency infrastructure expenses and the capitalization
of revolving loan funds related to recent flooding and other natural
disasters, $52,200,000, to remain available until expended, of which not
to exceed $2,000,000 may be available for administrative expenses and
may be transferred to and merged with the appropriations for ``Salaries
and Expenses'': Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
National Institute of Standards and Technology
industrial technology services
Of the amount provided under this heading in Public Law 104-208 for
the Advanced Technology Program, not to exceed $35,000,000 shall be
available for the award of new grants.
National Oceanic and Atmospheric Administration
operations, research, and facilities
Within amounts available for ``Operations, Research, and
Facilities'' for Satellite Observing Systems, not to exceed $7,000,000
is available until expended to provide disaster assistance related to
recent flooding and red tide pursuant to section 312(a) of the Magnuson-
Stevens Fishery Conservation and Management Act, and not to exceed
$2,000,000 is available until expended to implement the Magnuson-Stevens
Fishery Conservation and Management Act: Provided, That the entire
amount shall be available only to the extent that an official budget
request for $9,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to Congress: Provided further, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
construction
For an additional amount for ``Construction'' for emergency expenses
resulting from flooding and other natural disasters, $10,800,000, to
remain available until expended: Provided, That
[[Page 111 STAT. 174]]
the entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
RELATED AGENCY
Commission on the Advancement of Federal Law Enforcement
For an additional amount for the operations of the Commission on the
Advancement of Federal Law Enforcement, $2,000,000, to remain available
until expended.
GENERAL PROVISIONS, CHAPTER 2
Sec. 2001. Of the funds currently contained within the
``Counterterrorism Fund'' of the Department of Justice, $3,000,000 is
provided for allocation by the Attorney General to the appropriate unit
or units of government in Ogden, Utah, for necessary expenses, including
enhancements and upgrade of security and communications infrastructure,
to counter any potential terrorism threat related to the 2002 Winter
Olympic games to be held in Utah.
Sec. 2002. Expanding Small Business Participation in Dredging.--
Section 722(a) of the Small Business Competitiveness Demonstration
Program Act of 1988 (15 U.S.C. 644 note) is amended by striking
``September 30, 1996'' and inserting ``September 30, 1997''.
Sec. 2003. Section 101 of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1371) is amended by adding at the end thereof the following:
``(d) Good Samaritan Exemption.--It shall not be a violation of this
Act to take a marine mammal if--
``(1) such taking is imminently necessary to avoid serious
injury, additional injury, or death to a marine mammal entangled
in fishing gear or debris;
``(2) reasonable care is taken to ensure the safe release of
the marine mammal, taking into consideration the equipment,
expertise, and conditions at hand;
``(3) reasonable care is exercised to prevent any further
injury to the marine mammal; and
``(4) such taking is reported to the Secretary within 48
hours.''.
Sec. 2004. Notwithstanding any other provision of law, the Secretary
of Commerce shall have the authority to reprogram or transfer up to
$41,000,000 of the amounts provided under ``National Oceanic and
Atmospheric Administration, Operations, Research, and Facilities'' for
Satellite Observing Systems in Public Law 104-208 for other programmatic
and operational requirements of the National Oceanic and Atmospheric
Administration and the Department of Commerce subject to notification of
the Committees on Appropriations of the House of Representatives and the
Senate in accordance with section 605 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 1997 and which shall not be available for obligation or expenditure
except in compliance with the procedure set forth in that section.
[[Page 111 STAT. 175]]
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
flood control, mississippi river and tributaries, arkansas,
illinois, kentucky, louisiana, mississippi, missouri, and
tennessee
For an additional amount for ``Flood Control, Mississippi River and
Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi,
Missouri, and Tennessee'' for emergency expenses due to flooding and
other natural disasters, $20,000,000, 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.
operation and maintenance, general
For an additional amount for ``Operation and Maintenance, General''
for emergency expenses due to flooding and other natural disasters,
$150,000,000, to remain available until expended: Provided, That of the
total amount appropriated, the amount for eligible navigation projects
which may be derived from the Harbor Maintenance Trust Fund pursuant to
Public Law 99-662, shall be derived from that fund: Provided further,
That of the total amount appropriated, $5,000,000 shall be available
solely for the Secretary of the Army, acting through the Chief of
Engineers, to pay the costs of the Corps of Engineers and other Federal
agencies associated with the development of necessary studies, an
interagency management plan, environmental documentation, continued
monitoring, and other activities related to allocations of water in the
Alabama-Coosa-Tallapoosa and Apalachicola-Chattahoochee-Flint River
Basins: Provided further, That no portion of such $5,000,000 may be used
by the Corps of Engineers to revise its master operational manuals or
water control plans for operation of the reservoirs for the two river
basins until (1) the interstate compacts for the two river basins are
ratified by the Congress by law; and (2) the water allocation formulas
for the two river basins have been agreed to by the States of Alabama,
Georgia, and Florida and the Federal representative to the compacts:
Provided further, That the preceding proviso shall not apply to the use
of such funds for any environmental reviews necessary for the Federal
representative to approve the water allocation formulas for the two
river basins: 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.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'' due to flooding and other natural disasters, $415,000,000,
to remain available until expended: Provided, That the entire amount is
designated by Congress as an emergency requirement
[[Page 111 STAT. 176]]
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That with
$5,000,000 of the funds appropriated herein, the Secretary of the Army
is directed to initiate and complete preconstruction engineering and
design and the associated Environmental Impact Statement for an
emergency outlet from Devils Lake, North Dakota, to the Sheyenne River:
Provided further, That of the funds appropriated under this paragraph,
$5,000,000 shall be used for the project consisting of channel
restoration and improvements on the James River authorized by section
401(b) of the Water Resources Development Act of 1986 (Public Law 99-
662; 100 Stat. 4128) if the Secretary of the Army determines that the
need for such restoration and improvements constitutes an emergency.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
operation and maintenance
For an additional amount for ``Operation and Maintenance'',
$7,355,000, to remain available until expended, to repair damage caused
by floods and other natural disasters: Provided, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund shall be derived from that fund: Provided further,
That the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 3
Sec. 3001. (a) Beginning in fiscal year 1997 and thereafter, the
United States members and the alternate members appointed under the
Susquehanna River Basin Compact (Public Law 91-575), and the Delaware
River Basin Compact (Public Law 87-328), shall be officers of the U.S.
Army Corps of Engineers, who hold Presidential appointments as Regular
Army officers with Senate confirmation, and who shall serve without
additional compensation.
(b) Section 2, Reservations, Paragraph (u) of Public Law 91-575 (84
Stat. 1509) and section 15.1, Reservations, Paragraph (d) of Public Law
87-328 (75 Stat. 688, 691) are hereby repealed.
(c) Section 2.2 of Public Law 87-328 (75 Stat. 688, 691) is amended
by striking the words ``during the term of office of the President'' and
inserting the words ``at the pleasure of the President''.
Sec. 3002. Notwithstanding section 5 of the Reclamation Safety of
Dams Act of 1978, Public Law 95-578, as amended, the Secretary of the
Interior is authorized to obligate up to $1,200,000 for carrying out
actual construction for safety of dam purposes to modify the Willow
Creek Dam, Sun River Project, Montana.
Sec. 3003. (a) Consultation <<NOTE: 16 USC 1536 note.>> and
Conferencing.--As provided by regulations issued under the Endangered
Species Act (16 U.S.C. 1531 et seq.) for emergency situations, formal
consultation or conferencing under section 7(a)(2) or section 7(a)(4) of
the Act for any action authorized, funded or carried out by any Federal
agency
[[Page 111 STAT. 177]]
to repair a Federal or non-Federal flood control project, facility or
structure may be deferred by the Federal agency authorizing, funding or
carrying out the action, if the agency determines that the repair is
needed to respond to an emergency causing an imminent threat to human
lives and property in 1996 or 1997. Formal consultation or conferencing
shall be deferred until the imminent threat to human lives and property
has been abated. For purposes of this section, the term repair shall
include preventive and remedial measures to restore the project,
facility or structure to remove an imminent threat to human lives and
property.
(b) Reasonable and Prudent Measures.--Any reasonable and prudent
measures specified under section 7 of the Endangered Species Act (16
U.S.C. 1536) to minimize the impact of an action taken under this
section shall be related both in nature and extent to the effect of the
action taken to repair the flood control project, facility or structure.
CHAPTER 4
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
assistance to ukraine
Sec. 4001. The President may waive the minimum funding requirements
contained in subsection (k) under the heading ``Assistance for the New
Independent States of the Former Soviet Union'' contained in the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1997, as included in Public Law 104-208, for activities for the
government of Ukraine funded in that subsection, if he determines and so
reports to the Committees on Appropriations that the government of
Ukraine:
(1) has not made progress toward implementation of
comprehensive economic reform;
(2) is not taking steps to ensure that United States
businesses and individuals are able to operate according to
generally accepted business principles; or
(3) is not taking steps to cease the illegal dumping of
steel plate.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
construction
(including transfer of funds)
For an additional amount for ``Construction'' to repair damage
caused by floods and other natural disasters, $4,796,000, to remain
available until expended, of which $4,403,000 is to be derived by
transfer from unobligated balances of funds under the heading, ``Oregon
and California Grant Lands'', made available as supplemental
appropriations in Public Law 104-134: 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 111 STAT. 178]]
oregon and california grant lands
For an additional amount for ``Oregon and California Grant Lands''
to repair damage caused by floods and other natural disasters,
$2,694,000, to remain available until expended and to be derived from
unobligated balances of funds under the heading, ``Oregon and California
Grant Lands'', made available as supplemental appropriations in Public
Law 104-134: 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.
United States Fish and Wildlife Service
resource management
For an additional amount for ``Resource Management'', $5,300,000, to
remain available until expended, for technical assistance and fish
replacement made necessary by floods and other natural disasters, for
restoration of public lands damaged by fire, and for payments to private
landowners for the voluntary use of private land to store water in
restored wetlands: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
construction
For an additional amount for ``Construction'', $88,000,000, to
remain available until expended, to repair damage caused by floods and
other natural disasters: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
land acquisition
For an additional amount for ``Land Acquisition'', $10,000,000, to
remain available until expended, for the cost-effective emergency
acquisition of land and water rights necessitated by floods and other
natural disasters: Provided, That the entire amount is 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 Park Service
construction
For an additional amount for ``Construction'' for emergency
expenses resulting from flooding and other natural disasters,
$187,321,000, to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That of this
amount, $30,000,000 shall be 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 such Act,
[[Page 111 STAT. 179]]
is transmitted by the President to Congress, and upon certification by
the Secretary of the Interior to the President that a specific amount of
such funds is required for (1) repair or replacement of concession use
facilities at Yosemite National Park if the Secretary determines, after
consulting with the Director of the Office of Management and Budget,
that the repair or replacement of those facilities cannot be postponed
until completion of an agreement with the Yosemite Concessions Services
Corporation or any responsible third party to satisfy its repair or
replacement obligations for the facilities, or (2) the Federal portion,
if any, of the costs of repair or replacement of such concession use
facilities: Provided further, That nothing herein should be construed as
impairing in any way the rights of the United States against the
Yosemite Concession Services Corporation or any other party or as
relieving the Corporation or any other party of its obligations to the
United <<NOTE: Certification.>> States: Provided further, That prior to
any final agreement by the Secretary with the Corporation or any other
party concerning its obligation to repair or replace concession use
facilities, the Solicitor of the Department of the Interior shall
certify that the agreement fully satisfies the obligations of the
Corporation or third party: Provided further, That nothing herein, or
any payments, repairs, or replacements made by the Corporation or a
third party in fulfillment of the Corporation's obligations to the
United States to repair and replace damaged facilities, shall create any
possessory interest for the Corporation or such third party in such
repaired or replaced facilities: Provided further, That any payments
made to the United States by the Corporation or a third party for repair
or replacement of concession use facilities shall be deposited in the
General Fund of the Treasury or, where facilities are repaired or
replaced by the Corporation or any other third party, an equal amount of
appropriations for ``Construction'' shall be rescinded.
For an additional amount for ``Construction'', $10,000,000, to
remain available until expended, to make repairs, construct facilities,
and provide visitor transportation and for related purposes at Yosemite
National Park.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', $4,650,000, to remain available until September 30, 1998, to
repair or replace damaged equipment and facilities caused by floods and
other natural disasters: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
Bureau of Indian Affairs
operation of indian programs
For an additional amount for ``Operation of Indian Programs'',
$14,317,000, to remain available until September 30, 1998, for emergency
response activities, including emergency school operations, heating
costs, emergency welfare assistance, and to repair and replace
facilities and resources damaged by snow, floods, and
[[Page 111 STAT. 180]]
other natural disasters: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
construction
For an additional amount for ``Construction'', $6,249,000, to remain
available until expended, to repair damages caused by floods and other
natural disasters: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That notwithstanding any other provision of
law, funds appropriated herein and in Public Law 104-208 to the Bureau
of Indian Affairs for repair of the Wapato irrigation project shall be
made available on a nonreimbursable basis.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
national forest system
For an additional amount for ``National Forest System'' for
emergency expenses resulting from flooding and other natural disasters,
$39,677,000, to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
reconstruction and construction
For an additional amount for ``Reconstruction and Construction'' for
emergency expenses resulting from flooding and other natural disasters,
$27,685,000, to remain available until expended: 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.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For an additional amount for ``Indian Health Services'' for
emergency expenses resulting from flooding and other natural disasters,
$1,000,000, to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
[[Page 111 STAT. 181]]
indian health facilities
For an additional amount for ``Indian Health Facilities'' for
emergency expenses resulting from flooding and other natural disasters,
$2,000,000, 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.
GENERAL PROVISIONS, CHAPTER 5
Sec. 5001. Section 101(c) of Public Law 104-134 is amended as
follows: Under the heading ``Title III--General Provisions'' amend
sections 315(c)(1)(A) and 315(c)(1)(B) <<NOTE: 16 USC 460l-6a note.>>
by striking in each of those sections ``104%'' and inserting in lieu
thereof ``100%''; by striking in each of those sections ``1995'' and
inserting in lieu thereof ``1994''; and by striking in each of those
sections ``and thereafter annually adjusted upward by 4%,''.
Sec. 5002. Section 101(d) of Public Law 104-208 is amended as
follows: Under the heading ``Administrative Provisions, Indian
Health <<NOTE: 110 Stat. 3009-213.>> Service'' strike the seventh
proviso and insert the following in lieu thereof: ``: Provided further,
That with respect to functions transferred by the Indian Health Service
to tribes or tribal organizations, the Indian Health Service is
authorized to provide goods and services to those entities, on a
reimbursable basis, including payment in advance with subsequent
adjustment, and the reimbursements received therefrom, along with the
funds received from those entities pursuant to the Indian Self
Determination Act, may be credited to the same or subsequent
appropriation account which provided the funding, said amounts to remain
available until expended''.
Sec. 5003. (a) Extension <<NOTE: Arizona. 25 USC 390 note.>> and
Effective Date.--Section 3711(b)(1) of the San Carlos Apache Tribe Water
Rights Settlement Act of 1992 (106 Stat. 4752) is amended by striking
``June 30, 1997'' and inserting ``March 31, 1999''.
(b) Extension for River System General Adjudication.--Section 3711
of such Act is <<NOTE: 25 USC 390 note.>> amended by adding at the end
the following new subsection:
``(c) Extension for River System General Adjudication.--If, at any
time prior to March 31, 1999, the Secretary notifies the Committee on
Indian Affairs of the United States Senate or the Committee on Resources
in the United States House of Representatives that the Settlement
Agreement, as executed by the Secretary, has been submitted to the
Superior Court of the State of Arizona in and for Maricopa County for
consideration and approval as part of the General Adjudication of the
Gila River System and Source, the March 31, 1999, referred to in
subsection (b)(1) shall be deemed to be changed to December 31, 1999.''.
(c) Counties.--Section 3706(b)(3) <<NOTE: 106 Stat. 4745.>> of such
Act is amended by inserting ``Gila, Graham, Greenlee,'' after
``Maricopa,''.
(d) Parties to Agreement.--Section <<NOTE: 106 Stat. 4741.>>
3703(2) of such Act is amended by adding at the end the following new
sentence: ``The Gila Valley Irrigation District and the Franklin
Irrigation District shall be added as parties to the Agreement, but only
so long as none of the aforementioned parties objects to adding the Gila
Valley Irrigation and/or the Franklin Irrigation District as parties to
the Agreement.''.
[[Page 111 STAT. 182]]
(e) Definitions.--Section 3703 of such Act is amended by adding the
following new paragraphs:
``(12) `Morenci mine complex' means the lands owned or leased by
Phelps Dodge Corporation, now or in the future, delineated in a map as
`Phelps Dodge Mining, Mineral Processing, and Auxiliary Facilities Water
Use Area', which map is dated March 19, 1996, and is on file with the
Secretary of the Interior.
``(13) `Upper Eagle Creek Wellfield' means that area in Greenlee
County which is bounded by the eastern boundary of Graham County on the
west, the southern boundary of the Black River watershed on the north, a
line running north and south 5 miles east of the eastern boundary of
Graham County on the east, and the southern boundary of the natural
drainage of Cottonwood Canyon on the south.''.
(f) Black River Facilities.--Section 3711 of such Act, as amended by
subsection (b) of this Act, is further amended by adding at the end the
following:
``(d) Black River Facilities.--
``(1) In general.--The provisions and agreements set forth
or referred to in paragraphs (2), (3), and (4) below shall be
enforceable against the United States in United States district
court, and the immunity of the United States for such purposes
and for no other purpose is hereby waived. The provisions and
agreements set forth or referred to in paragraphs (2)(A), (3),
and (4) below shall be enforceable against the Tribe in United
States district court, and the immunity of the Tribe for such
purposes and for no other purpose, is hereby waived. The
specific agreements made by the Tribe and set forth in paragraph
(5) shall be enforceable against the Tribe in United States
district court, and the immunity of the Tribe is hereby waived
as to such specific agreements and for no other purpose.
``(2) Interim period.--
``(A) As of July 23, 1997, Phelps Dodge shall vacate
the reservation and no longer rely upon permit #2000089,
dated July 25, 1944. On such date the United States,
through the Bureau of Reclamation, shall enter, operate,
and maintain the Black River pump station, outbuildings,
the pipeline, related facilities, and certain caretaker
quarters (hereinafter referred to collectively as the
`Black River facilities').
``(B) The United States and Phelps Dodge shall enter
into a contract for delivery of water pursuant to
subparagraph (C), below. Water for delivery to Phelps
Dodge from the Black River shall not exceed an annual
average of 40 acre feet per day, or 14,000 acre feet per
year. All diversions from Black River to Phelps Dodge
shall be junior to the diversion and use of up to 7,300
acre feet per year by the San Carlos Apache Tribe, and
no such diversion for Phelps Dodge shall cause the flow
of Black River to fall below 20 cubic feet per second.
The United States shall account for the costs for
operating and maintaining the Black River facilities,
and Phelps Dodge shall reimburse the United States for
such costs. Phelps Dodge shall pay to the United States,
for delivery to the Tribe, the sum of $20,000 per month,
with an annual CPI adjustment from July 23, 1997, for
purposes of compensating the Tribe for United States use
and occupancy of the Black
[[Page 111 STAT. 183]]
River facilities. Phelps Dodge and the Tribe shall
cooperate with the United States in effectuating an
orderly transfer of the operations of the Black River
facilities from Phelps Dodge to the United States.
``(C) Notwithstanding any other provision of law,
the contract referred to in subparagraph (B) between the
United States and Phelps Dodge which provides for the
diversion of water from the Black River into the Black
River facilities, and the delivery of such water to
Phelps Dodge at that location where the channel of Eagle
Creek last exits the reservation for use in the Morenci
mine complex and the towns of Clifton and Morenci and at
no other location, is ratified and confirmed.
``(D) The power line right-of-way over the Tribe's
Reservation which currently is held by Phelps Dodge
shall remain in place. During the interim period, Phelps
Dodge shall provide power to the United States for
operation of the pump station and related facilities
without charge, and Phelps Dodge shall pay a monthly
right-of-way fee to the Tribe of $5,000 per month, with
an annual CPI adjustment from July 23, 1997.
``(E) Any questions regarding the water claims
associated with Phelps Dodge's use of the Upper Eagle
Creek Wellfield, its diversions of surface water from
Eagle Creek, the San Francisco River, Chase Creek, and/
or its use of other water supplies are not addressed in
this title. No provision in this subsection shall affect
or be construed to affect any claims by the Tribe, the
United States, or Phelps Dodge to groundwater or surface
water.
``(3) Final arrangements and terms.--The interim period
described in paragraph (2) shall extend until all conditions set
forth in paragraph (3)(B) have been satisfied. At such time, the
following final arrangements shall apply, based on the terms set
forth below. Such terms shall bind the Tribe, the United States,
and Phelps Dodge, and shall be enforceable pursuant to
subsection (d)(1) of this Act.
``(A) The United States shall hold the Black River
facilities in trust for the Tribe, without cost to the
Tribe or the United States.
``(B) Responsibility for operation of the Black
River facilities shall be transferred from the United
States to the Tribe. The United States shall train
Tribal members during the interim period, and the
responsibility to operate the Black River facilities
shall be transferred upon satisfaction of 2 conditions--
``(i) a finding by the United States that the
Tribe has completed necessary training and is
qualified to operate the Black River facilities;
and
``(ii) execution of the contract described in
paragraph (3)(E), which contract shall be executed
on or before December 31, 1998. In the event that
the contract is not executed by December 31, 1998,
the transfer described in this subsection shall
occur on December 31, 1998 (so long as condition
(i) of this subparagraph has been satisfied),
based on application of the contract terms
described in paragraph (3)(E), which terms shall
be enforceable under this Act. Upon the
[[Page 111 STAT. 184]]
approval of the Secretary, the Tribe may contract
with third parties to operate the Black River
facilities.
``(C) Power lines currently operated by Phelps Dodge
on the Tribe's Reservation, and the right-of-way
associated with such power lines, shall be surrendered
by Phelps Dodge to the Tribe, without cost to the Tribe.
Prior to the surrender of the power lines, the Bureau of
Reclamation shall arrange for an inspection of the power
lines and associated facilities by a qualified third
party and shall obtain a certification that such power
lines and facilities are of sound design and are in good
working order. Phelps Dodge shall pay for the cost of
such inspection and certification. Concurrently with the
surrender of the power lines and the right-of-way,
Phelps Dodge shall construct a switch station at the
boundary of the Reservation at which the Tribe may
switch power on or off and shall deliver ownership and
control of such switch station to the Tribe. Subsequent
to the transfer of the power lines and the right-of-way
and the delivery of ownership and control of the switch
station to the Tribe, Phelps Dodge shall have no further
obligation or liability of any nature with respect to
the ownership, operation, or maintenance of the power
lines, the right-of-way, or the switch station.
``(D) The Tribe and the United States will enter
into an exchange agreement with the Salt River Project
which will deliver CAP water controlled by the Tribe to
the Salt River Project in return for the diversion of
water from the Black River into the Black River
facilities. The exchange agreement shall be subject to
review and approval by Phelps Dodge, which approval
shall not be unreasonably withheld. Notwithstanding any
other provision of law, the contract referred to in this
subparagraph is ratified and confirmed.
``(E) The Tribe, the United States, and Phelps Dodge
will execute a contract covering the lease and delivery
of CAP water from the Tribe to Phelps Dodge on the
following terms:
``(i) The Tribe will lease to Phelps Dodge
14,000 acre feet of CAP water per year as of the
date on which the interim period referred to in
paragraph (2) expires. The lease shall be subject
to the terms and conditions identified in the
Tribal CAP Delivery Contract referenced in section
3706(b). The leased CAP water shall be delivered
to Phelps Dodge from the Black River pursuant to
the exchange referred to in subparagraph (D)
above, based on diversions from the Black River
that shall not exceed an annual average of 40 acre
feet per day and shall not cause the flow of Black
River to fall below 20 cubic feet per second. Such
CAP water shall be delivered to Phelps Dodge at
that location where the channel of Eagle Creek
last exits the Reservation, to be utilized in the
Morenci mine complex and the towns of Clifton and
Morenci, and at no other location.
``(ii) The leased CAP water shall be junior to
the diversion and use of up to 7,300 acre feet per
year
[[Page 111 STAT. 185]]
from the Black and Salt Rivers by the San Carlos
Apache Tribe.
``(iii) The lease will be for a term of 50
years or, if earlier, the date upon which mining
activities at the Morenci mine complex cease, with
a right to renew for an additional 50 years upon a
finding by the Secretary that the water is needed
for continued mining activities at the Morenci
mine complex. The lease shall have the following
financial terms:
``(I) The Tribe will lease CAP water
at a cost of $1,200 per acre foot.
Phelps Dodge shall pay to the United
States, on behalf of the Tribe, the sum
of $5,000,000 upon the earlier of the
execution of the agreement, or upon the
expiration of the interim period
referred to in paragraph (2) hereof,
which amount shall be a prepayment for
and applicable to the first 4,166 acre
feet of CAP water to be delivered in
each year during the term of the lease.
``(II) Phelps Dodge shall pay the
United States, on behalf of the Tribe,
the sum of $65 per acre foot per year,
with an annual CPI adjustment for the
remaining 9,834 acre feet of water to be
delivered pursuant to the lease each
year. Such payments shall be made in
advance on January 1 of each year, with
a reconciliation made at year-end, if
necessary, in the event that less than
14,000 acre feet of CAP water is
diverted from the Black River due to
shortages in the CAP system or on the
Black River.
``(III) Phelps Dodge shall pay in
advance each month the Tribe's
reasonable costs associated with the
Tribe's operation, maintenance, and
replacement of the Black River
facilities for purposes of delivering
water to Phelps Dodge pursuant to the
lease, which costs shall be based upon
the experience of the Bureau of
Reclamation in operating the Black River
facilities during the interim period
referred to in paragraph (2), subject to
an annual CPI adjustment, and providing
for a credit for power provided by
Phelps Dodge to the Tribe. In addition,
Phelps Dodge shall pay a monthly fee of
$30,000 to the United States, on behalf
of the Tribe, to account for the use of
the Tribe's distribution system.
``(IV) Phelps Dodge shall pay the
United States operation, maintenance,
and replacement charges associated with
the leased CAP water and such reasonable
interconnection charges as may be
imposed by Salt River Project in
connection with the exchange referred to
in subparagraph (D) above.
``(iv) Notwithstanding the provisions of
section 3707(b), any moneys, except Black River
facilities OM&R, CAP OM&R and any charges
associated with an exchange agreement with Salt
River Project, paid to the United States on behalf
of the Tribe from the
[[Page 111 STAT. 186]]
lease referred to under paragraph (3)(D)(iii)
shall be held in trust by the United States for
the benefit of the Tribe. There is hereby
established in the Treasury of the United States a
fund to be known as the `San Carlos Apache Tribe
Lease Fund' for such purpose. Interest accruing to
the Fund may be used by the Tribe for economic and
community development purposes upon presentation
to the Secretary of a certified copy of a duly
enacted resolution of the Tribal Council
requesting distribution and a written budget
approved by the Tribal Council. Such income may
thereafter be expended only in accordance with
such budget. Income not distributed shall be added
to principal. The United States shall not be
liable for any claim or causes of action arising
from the Tribe's use or expenditure of moneys
distributed from the Fund.
``(v) The lease is not assignable to any third
party, except with the consent of the Tribe and
Phelps Dodge, and with the approval of the
Secretary.
``(vi) Notwithstanding subsection (b) hereof,
section 3706 shall be fully effective immediately
with respect to the CAP water lease provided for
in this subparagraph and the Secretary shall take
all actions authorized by section 3706 necessary
for purposes of implementing this subparagraph.
Notwithstanding any other provision of law, the
contract referred to in this subparagraph is
ratified and confirmed and shall be enforceable in
United States district court. In the event that no
lease authorized by this subparagraph is executed,
this subparagraph, notwithstanding any other
provision of law, shall be enforceable as a lease
among the Tribe, the United States, and Phelps
Dodge in the United States district court, and the
Secretary shall take all action authorized by
section 3706 for purposes of implementing this
subparagraph in such an event.
``(F) Any questions regarding the water claims
associated with Phelps Dodge's use of the Eagle Creek
Wellfield, its diversions of surface water from lower
Eagle Creek, the San Francisco River, Chase Creek, and/
or its use of other water supplies are not addressed by
this title. No provision in this subsection shall affect
or be construed to affect any claims by the Tribe, the
United States, or Phelps Dodge to groundwater or surface
water.
``(4) Eagle creek.--From the effective date of this
subsection, and during the Interim Period, the Tribe shall not,
in any way, impede, restrict, or sue the United States regarding
the passage of water from the Black River facilities into those
portions of the channels of Willow Creek and Eagle Creek which
flow through the Reservation. Phelps Dodge agrees to limit
pumping from the Upper Eagle Creek Wellfield so that the
combination of water from the Black River facilities and water
pumped from the Upper Eagle Creek Wellfield does not exceed
22,000 acre feet per year of delivered water at the Phelps Dodge
Lower Eagle Creek Pump Station below the Reservation. In
calculating the pumping rates allowed under this subparagraph,
transmission losses from Black River
[[Page 111 STAT. 187]]
and the Upper Eagle Creek Wellfield shall be estimated, but in
no event shall such transmission losses be more than 10 percent
of the Black River or Upper Eagle Creek Wellfield water. Based
on this agreement, the Tribe shall not, in any way, impede,
restrict, or sue Phelps Dodge regarding the passage of water
from the Phelps Dodge Upper Eagle Creek Wellfield, except that--
``(A) Phelps Dodge shall pay to the United States,
on behalf of the Tribe, $5,000 per month, with an annual
CPI adjustment from July 23, 1997, to account for the
passage of such flows; and
``(B) the Tribe and the United States reserve the
right to challenge Phelps Dodge's claims regarding the
pumping of groundwater from the Upper Eagle Creek
Wellfield, in accordance with paragraphs (2)(E) and
(3)(F) above. In the event that a court determines that
Phelps Dodge does not have the right to pump the Upper
Eagle Creek Wellfield, the Tribe will no longer be
subject to the restriction set forth in this
subparagraph regarding the passage of water from the
Wellfield through the Reservation. Nothing in this
subsection shall affect the rights, if any, that Phelps
Dodge might claim regarding the flow of water in the
channel of Eagle Creek in the absence of this
subsection.
``(5) Past claims.--The Act does not address claims relating
to Phelps Dodge's prior occupancy and operation of the Black
River facilities. The Tribe agrees not to bring any such claims
against the United States. The Tribe also agrees that within 30
days after Phelps Dodge has vacated the Reservation, it shall
dismiss with prejudice the suit that it has filed in Tribal
Court against Phelps Dodge (The San Carlos Apache Tribe v.
Phelps Dodge, et al., Case No. C-97-118), which such dismissal
shall not be considered a decision on the merits, and any claims
that it might assert against Phelps Dodge in connection with
Phelps Dodge's prior occupancy and operation of the Black River
facilities shall be brought exclusively in the United States
district court.
``(6) Relationship to settlement.--
``(A) The term `Agreement', as defined by section
3703(2), shall not include Phelps Dodge.
``(B) Section 3706(j) and section
3705(f) <<NOTE: 106 Stat. 4745, 4744.>> shall be
repealed and shall have no effect.
``(7) Ratification of settlement.--The agreement between the
San Carlos Apache Tribe, the Phelps Dodge Corporation, and the
Secretary of the Interior, as set forth in this subsection, is
hereby ratified and approved.''.
(g) Technical Amendment.--Section 3702(a)(3) <<NOTE: 106 Stat.
4740.>> is amended by striking ``qualification'' and inserting
``quantification''.
Sec. 5004. Paragraph (5) of section 104(c) of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1374(c)(5)) is amended as follows:
(1) In subparagraph (A), by striking ``, including polar
bears taken but not imported prior to the date of enactment of
the Marine Mammal Protection Act Amendments of 1994,''.
(2) By adding the following new subparagraph at the end
thereof:
[[Page 111 STAT. 188]]
``(D) The <<NOTE: Permits. Polar bears. Canada.>> Secretary of the
Interior shall, expeditiously after the expiration of the applicable 30
day period under subsection (d)(2), issue a permit for the importation
of polar bear parts (other than internal organs) from polar bears taken
in sport hunts in Canada before the date of enactment of the Marine
Mammal Protection Act Amendments of 1994, to each applicant who submits,
with the permit application, proof that the polar bear was legally
harvested in Canada by the applicant. The Secretary shall issue such
permits without regard to the provisions of subparagraphs (A) and
(C)(ii) of this paragraph, subsection (d)(3) of this section, and
sections 101 and 102. This subparagraph shall not apply to polar bear
parts that were imported before the effective date of this
subparagraph.''.
CHAPTER 6
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health education assistance loans program
Public Law 104-208, under the heading ``Health Education Assistance
Loans Program'' is <<NOTE: 110 Stat. 3009-243.>> amended by inserting
after ``$140,000,000'' the following: ``: Provided further, That the
Secretary may use up to $499,000 derived by transfer from insurance
premiums collected from guaranteed loans made under title VII of the
Public Health Service Act for the purpose of carrying out section 709 of
that Act''.
Administration for Children and Families
children and families services programs
Public Law 104-208, under the heading titled ``Children and Families
Services Programs'' <<NOTE: 110 Stat. 3009-251.>> is amended by
inserting after the reference to ``part B(1) of title IV'' the
following: ``and section 1110''.
Office of the Secretary
public health and social services emergency fund
For expenses necessary to support high priority health research,
$15,000,000, to remain available until expended: Provided, That the
Secretary shall award such funds on a competitive basis.
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For additional amounts to carry out subpart 2 of part A of title I
of the Elementary and Secondary Education Act of 1965, $101,133,000, of
which $78,362,000 shall be for Basic Grants and $22,771,000 shall be for
Concentration Grants, which shall be allocated, notwithstanding any
other provision of law, only to those States, and counties within those
States, that will receive, from funds available under the Department of
Education Appropriations Act, 1997, smaller allocations for Grants to
Local Educational Agencies than they would have received had those
allocations been
[[Page 111 STAT. 189]]
calculated entirely on the basis of child poverty counts from the 1990
census: Provided, That the Secretary of Education shall use these
additional funds to provide those States with 50 percent of the
difference between the allocations they would have received had the
allocations under that Appropriations Act been calculated entirely on
the basis of the 1990 census data and the allocations under the 1997
Appropriations Act: Provided further, That if any State's total
allocation under that Appropriations Act and this paragraph is less than
its 1996 allocation for that subpart, that State shall receive, under
this paragraph, the amount the State would have received had that
allocation been calculated entirely on the basis of child poverty counts
from the 1990 census: Provided further, That the Secretary shall ratably
reduce the allocations to States under the preceding proviso for either
Basic Grants or Concentration Grants, or both, as the case may be, if
the funds available are insufficient to make those allocations in full:
Provided further, That the Secretary shall allocate, to such counties in
each such State, additional amounts for Basic Grants and Concentration
Grants that are in the same proportion, respectively, to the total
amounts allocated to the State, as the differences between such
counties' initial allocations for Basic Grants and Concentration Grants,
respectively (compared to what they would have received had the initial
allocations been calculated entirely on the basis of 1990 census data),
are to the differences between the State's initial allocations for Basic
Grants and Concentration Grants, respectively (compared to the amounts
the State would have received had the initial allocations been
calculated entirely on the basis of 1990 census data): Provided further,
That the funds appropriated under this paragraph shall become available
on July 1, 1997 and shall remain available through September 30, 1998:
Provided further, That the additional amounts appropriated under this
paragraph shall not be taken into account in determining State
allocations under any other program administered by the Secretary.
RELATED AGENCY
National Commission on the Cost of Higher Education
salaries and expenses
For necessary expenses for the National Commission on the Cost of
Higher Education, $650,000, to remain available until expended.
GENERAL PROVISIONS, CHAPTER 6
Sec. 6001. Notwithstanding any other provision of law, fiscal year
1995 funds awarded under State-administered programs of the Department
of Education and funds awarded for fiscal year 1996 for State-
administered programs under the Rehabilitation Act of the Department of
Education to recipients in Presidentially declared disaster areas, which
were declared as such during fiscal year 1997, are available to those
recipients for obligation until September 30, 1998: Provided, That for
the purposes of assisting those recipients, the Secretary's waiver
authority under section 14401 of the Elementary and Secondary Education
Act of 1965
[[Page 111 STAT. 190]]
shall be extended to all State-administered programs of the Department
of Education. This special waiver authority applies only to funds
awarded for fiscal years 1995, 1996, and 1997.
Sec. 6002. Notwithstanding any other provision of law, the Secretary
of Education may waive or modify any statutory or regulatory provision
applicable to the student financial aid programs under title IV of the
Higher Education Act that the Secretary deems necessary to assist
individuals and other program participants who suffered financial harm
from natural disasters and who, at the time the disaster struck were
operating, residing at, or attending an institution of higher education,
or employed within these areas on the date which the President declared
the existence of a major disaster (or, in the case of an individual who
is a dependent student, whose parent or stepparent suffered financial
harm from such disaster, and who resided, or was employed in such an
area at that time): Provided further, That such authority shall be in
effect only for awards for award years 1996-1997 and 1997-1998.
Sec. 6003. None of the funds provided in this Act or in any other
Act making appropriations for fiscal year 1997 may be used to administer
or implement in Denver, Colorado, the Medicare Competitive Pricing/Open
Enrollment Demonstration, as titled in the April 1, 1997, Final Request
for Proposals (RFP).
SEC. 6004. EMERGENCY USE OF CHILD CARE FUNDS.
(a) In General.--Notwithstanding any other provision of law, during
the period beginning on April 30, 1997, and ending on July 30, 1997, the
Governors of the States described in paragraph (1) of subsection (b)
may, subject to subsection (c), use amounts received for the provision
of child care assistance or services under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9801 et seq.) to provide
emergency child care services to individuals described in paragraph (2)
of subsection (b).
(b) Eligibility.--
(1) Of states.--A State described in this paragraph is a
State in which the President, pursuant to section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121), has determined that a major disaster exists,
or that an area within the State is determined to be eligible
for disaster relief under other Federal law by reason of damage
related to flooding in 1997.
(2) Of individuals.--An individual described in this
subsection is an individual who--
(A) resides within any area in which the President,
pursuant to section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121), has determined that a major disaster exists, or
within an area determined to be eligible for disaster
relief under other Federal law by reason of damage
related to flooding in 1997; and
(B) is involved in unpaid work activities (including
the cleaning, repair, restoration, and rebuilding of
homes, businesses, and schools) resulting from the flood
emergency described in subparagraph (A).
(c) Limitations.--
(1) Requirements.--With respect to assistance provided to
individuals under this section, the quality, certification and
[[Page 111 STAT. 191]]
licensure, health and safety, nondiscrimination, and other
requirements applicable under the Federal programs referred to
in subsection (a) shall apply to child care provided or obtained
under this section.
(2) Amount of funds.--The total amount utilized by each of
the States under subsection (a) during the period referred to in
such subsection shall not exceed the total amount of such
assistance that, notwithstanding the enactment of this section,
would otherwise have been expended by each such State in the
affected region during such period.
(d) Priority.--In making assistance available under this section,
the Governors described in subsection (a) shall give priority to
eligible individuals who do not have access to income, assets, or
resources as a direct result of the flooding referred to in subsection
(b)(2)(A).
extension of ssi redetermination provisions
Sec. 6005. (a) Section 402(a)(2)(D)(i) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(a)(2)(D)(i)) is amended--
(1) in subclause (I), by striking ``the date which is 1 year
after such date of enactment,'' and inserting ``September 30,
1997,''; and
(2) in subclause (III), by striking ``the date of the
redetermination with respect to such individual'' and inserting
``September 30, 1997,''.
(b) The <<NOTE: Effective date. 8 USC 1612 note.>> amendment made
by subsection (a) shall be effective as if included in the enactment of
section 402 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996.
CHAPTER 7
CONGRESSIONAL OPERATIONS
SENATE
Contingent Expenses of the Senate
secretary of the senate
(transfer of funds)
For an additional amount for expenses of the ``Office of the
Secretary of the Senate'', to carry out the provisions of section 8 of
the Legislative Branch Appropriations Act, 1997, $5,000,000, to remain
available until September 30, 2000, to be derived by transfer from funds
previously appropriated from fiscal year 1997 funds under the heading
``SENATE'', subject to the approval of the Committee on Appropriations.
HOUSE OF REPRESENTATIVES
Payments to Widows and Heirs of Deceased Members of Congress
For <<NOTE: Marissa Tejeda. Sonya Tejeda. Frank Tejeda,
III.>> payment to Marissa, Sonya, and Frank (III) Tejeda, children of
Frank Tejeda, late a Representative from the State of Texas, $133,600.
[[Page 111 STAT. 192]]
OTHER AGENCY
Botanic Garden
salaries and expenses
For an additional amount for ``Salaries and Expenses, Botanic
Garden'', $33,500,000, to remain available until expended, for emergency
repair and renovation of the Conservatory.
GENERAL PROVISIONS, CHAPTER 7
Sec. 7001. Section 105(f) of the Legislative Branch Appropriation
Act, 1968 (2 U.S.C. 61-1(f)) is amended by adding at the end the
following: ``The limitation on the minimum rate of gross compensation
under this subsection shall not apply to any member or civilian employee
of the Capitol Police whose compensation is disbursed by the Secretary
of the Senate.''.
Sec. 7002. <<NOTE: 2 USC 59-1.>> (a) Notwithstanding any other
provision of law or regulation, with the approval of the Committee on
Rules and Administration of the Senate, the Sergeant at Arms and
Doorkeeper of the Senate is authorized to provide additional facilities,
services, equipment, and office space for use by a Senator in that
Senator's State in connection with a disaster or emergency declared by
the President under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act. Expenses incurred by the Sergeant at Arms and Doorkeeper
of the Senate under this section shall be paid from the appropriation
account, within the contingent fund of the Senate, for expenses of the
Office of the Sergeant at Arms and Doorkeeper of the Senate, upon
vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate
with the approval of the Committee on Rules and Administration of the
Senate.
(b) This <<NOTE: Effective date.>> section is effective on and
after the date of enactment of this Act.
Sec. 7003. (a) Section 2 of Public Law 100-71 (2 U.S.C. 65f) is
amended by adding at the end the following:
``(c) Upon the written request of the Secretary of the Senate, with
the approval of the Committee on Appropriations of the Senate, there
shall be transferred any amount of funds available under subsection (a)
specified in the request, but not to exceed $10,000 in any fiscal year,
from the appropriation account (within the contingent fund of the
Senate) for expenses of the Office of the Secretary of the Senate to the
appropriation account for the expense allowance of the Secretary of the
Senate. Any funds so transferred shall be available in like manner and
for the same purposes as are other funds in the account to which the
funds are transferred.''.
(b) The amendment <<NOTE: Effective date. 2 USC 65f note.>> made by
subsection (a) shall be effective with respect to appropriations for
fiscal years beginning on or after October 1, 1996.
Sec. 7004. The <<NOTE: 41 USC 253l-1.>> Comptroller General may use
available funds, now and hereafter, to enter into contracts for the
acquisition of severable services for a period that begins in one fiscal
year and ends in the next fiscal year and to enter in multiyear
contracts for the acquisition of property and nonaudit-related services,
to the same extent as executive agencies under the authority of sections
303L and 304B, respectively, of the Federal Property and Administrative
Services Act (41 U.S.C. 253l and 254c).
[[Page 111 STAT. 193]]
CHAPTER 8
DEPARTMENT OF TRANSPORTATION
Coast Guard
operating expenses
For an additional amount for ``Operating Expenses'', $1,600,000, for
necessary expenses directly related to support activities in the TWA
Flight 800 crash investigation, to remain available until expended.
retired pay
For an additional amount for ``Retired Pay'', $9,200,000.
Federal Highway Administration
federal-aid highways
emergency relief program
(highway trust fund)
For an additional amount for the Emergency Relief Program for
emergency expenses resulting from flooding and other natural disasters,
as authorized by 23 U.S.C. 125, $650,000,000, to be derived from the
Highway Trust Fund and to remain available until expended: Provided,
That the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided further,
That 23 U.S.C. 125(b)(1) shall not apply to projects resulting from the
December 1996 and January 1997 flooding in the western States.
federal-aid highways
(limitation on obligations)
(highway trust fund)
The limitation under this heading in Public Law 104-205 is increased
by $694,810,534: Provided, That such additional authority shall remain
available during fiscal year 1997: Provided further, That
notwithstanding any other provision of law, the authority provided
herein above shall be distributed to ensure that States receive an
amount they would have received had the Highway Trust Fund fiscal year
1994 income statement not been understated prior to the revision on
December 24, 1996: Provided further, That notwithstanding any other
provision of law, $318,077,043 of the amount provided herein above shall
be distributed to assure that States receive obligation authority that
they would have received had the Highway Trust Fund fiscal year 1995
income statement not been revised on December 24, 1996: Provided
further, That the remaining authority provided herein above shall be
distributed to those States whose share of Federal-aid obligation
limitation under section 310 of Public Law 104-205 is less than the
amount such States received under section 310(a) of Public Law 104-50 in
fiscal year 1996 in a ratio equal to the amounts necessary
[[Page 111 STAT. 194]]
to bring each such State to the Federal-aid obligation limitation
distributed under section 310(a) of Public Law 104-50.
Federal Railroad Administration
emergency railroad rehabilitation and repair
For necessary expenses to repair and rebuild freight rail lines of
regional and short line railroads or a State entity damaged by floods,
$18,900,000, to be awarded subject to the discretion of the Secretary on
a case-by-case basis: Provided, That up to $900,000 shall be solely for
damage incurred in West Virginia in September 1996 and $18,000,000 shall
be solely for damage incurred in the Northern Plains States in March and
April 1997: Provided further, That funds provided under this head shall
be available for rehabilitation of railroad rights-of-way, bridges, and
other facilities which are part of the general railroad system of
transportation, and primarily used by railroads to move freight traffic:
Provided further, That railroad rights-of-way, bridges, and other
facilities owned by class I railroads are not eligible for funding under
this head unless the rights-of-way, bridges or other facilities are
under contract lease to a class II or class III railroad under which the
lessee is responsible for all maintenance costs of the line: Provided
further, That railroad rights-of-way, bridges and other facilities owned
by passenger railroads, or by tourist, scenic, or historic railroads are
not eligible for funding under this head: Provided further, That these
funds shall be available only to the extent an official budget request,
for a specific dollar amount, that includes designation of the entire
amount as an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended: Provided further, That all funds made available
under this head are to remain available until September 30, 1997.
RELATED AGENCY
National Transportation Safety Board
salaries and expenses
For an additional amount for ``Salaries and Expenses'', for
emergency expenses resulting from the crashes of TWA Flight 800, ValuJet
Flight 592, and Comair Flight 3272, and for assistance to families of
victims of aviation accidents as authorized by Public Law 104-264,
$29,859,000, of which $4,877,000 shall remain available until expended:
Provided, That these funds shall be available only to the extent an
official budget request, for a specific dollar amount, that includes
designation of the entire amount as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and
[[Page 111 STAT. 195]]
Emergency Deficit Control Act of 1985, as amended: Provided further,
That notwithstanding any other provision of law, not more than
$10,330,000 shall be provided by the National Transportation Safety
Board to the Department of the Navy as reimbursement for costs incurred
in connection with recovery of wreckage from TWA Flight 800 and shall be
credited to the appropriation contained in the Omnibus Consolidated
Appropriations Act, 1997, which is available for the same purpose as the
appropriation originally charged for the expense for which the
reimbursements are received, to be merged with, and to be available for
the same purpose as the appropriation to which such reimbursements are
credited: Provided further, That notwithstanding any other provision of
law, of the amount provided to the National Transportation Safety Board,
not more than $6,059,000 shall be made available to the State of New
York and local counties in New York, as reimbursement for costs incurred
in connection with the crash of TWA Flight 800: Provided further, That
notwithstanding any other provision of law, of the amount provided, not
more than $3,100,000 shall be made available to Metropolitan Dade
County, Florida as reimbursement for costs incurred in connection with
the crash of ValuJet Flight 592: Provided further, That notwithstanding
any other provision of law, of the amount provided, not more than
$300,000 shall be made available to Monroe County, Michigan as
reimbursement for costs incurred in connection with the crash of Comair
Flight 3272.
GENERAL PROVISIONS, CHAPTER 8
Sec. 8001. Title I of the Department of Transportation and Related
Agencies Appropriations Act, 1997 (Public Law 104-205) is amended under
the heading ``Federal Transit Administration--Discretionary <<NOTE: 110
Stat. 2964.>> Grants'' by striking ``$661,000,000'' and inserting
``$661,000''.
Sec. 8002. Section 325 of title III of the Department of
Transportation and Related Agencies Appropriations Act, 1997 (Public Law
104-205) is <<NOTE: 110 Stat. 2973.>> amended by deleting all text
following: ``Provided, That such funds shall not be subject to the
obligation limitation for Federal-aid highways and highway safety
construction.''.
Sec. 8003. Section 410(j) of title 23, United States Code, is
amended by striking the period after ``1997'' and inserting ``, and an
additional $500,000 for fiscal year 1997.''.
Sec. 8004. Section 30308(a) of title 49, United States Code, is
amended by striking ``and 1996'' and inserting ``, 1996, and 1997''.
CHAPTER 9
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For an additional amount under the heading ``Departmental Offices,
Salaries and Expenses'', $1,950,000: Provided, That the Secretary of the
Treasury may utilize the law enforcement services, personnel, equipment,
and facilities of the State of Colorado, the
[[Page 111 STAT. 196]]
County of Denver, and the City of Denver, with their consent, and shall
reimburse the State of Colorado, the County of Denver, and the City of
Denver for the utilization of such law enforcement services, personnel
(for salaries, overtime, and benefits), equipment, and facilities for
security arrangements for the Denver Summit of Eight being held June 20
through June 22, 1997, in Denver, Colorado subject to verification of
appropriate costs.
COUNTER-TERRORISM AND DRUG LAW ENFORCEMENT
DEPARTMENT OF THE TREASURY
United States Customs Service
salaries and expenses
Of the funds made available under this heading in Public Law 104-
208, $16,000,000 shall be available until September 30, 1998 to develop
further the Automated Targeting System.
U.S. POSTAL SERVICE
Payment to the Postal Service Fund
For an additional amount for the Postal Service Fund for revenue
forgone on free and reduced rate mail, pursuant to subsection (d) of
section 2401 of title 39, United States Code, $5,383,000.
GENERAL PROVISIONS, CHAPTER 9
Sec. 9001. The Administrator of General Services is authorized to
obligate the funds appropriated in Public Law 104-208 for construction
of the Montgomery, Alabama courthouse.
Sec. 9002. None of the funds appropriated or made available in this
Act or any other Act may be used by the General Services Administration
to implement section 1555 of the Federal Acquisition Streamlining Act of
1994 (Public Law 103-355) prior to the date of adjournment of the first
session of the 105th Congress.
Sec. 9003. (a) The Bureau of Engraving and Printing and the
Department of the Treasury shall not award a contract for Solicitation
No. BEP-97-13(TN) or Solicitation No. BEP-96-13(TN) until the General
Accounting Office (GAO) has completed a comprehensive analysis of the
optimum circumstances for government procurement of
distinctive <<NOTE: Reports.>> currency paper. The GAO shall report its
findings to the House and Senate Committees on Appropriations no later
than August 1, 1998.
(b) The contractual term of the distinctive currency paper
``bridge'' contract shall not exceed 24 months, and the contract shall
not be effective until the Secretary of the Department of the Treasury
certifies that the price under the terms of any ``bridge'' contract is
fair and reasonable and that the terms of any ``bridge'' contract are
customary and appropriate according to Federal procurement regulations.
In <<NOTE: Reports.>> addition, the Secretary of the Treasury shall
report to the Committees on Appropriations on the price and profit
levels of any ``bridge'' contract at the time of certification.
Sec. 9004. (a) Chapter 63 of title 5, United States Code, is amended
by adding after subchapter V the following:
[[Page 111 STAT. 197]]
``SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES
``Sec. 6391. Authority for leave transfer program in disasters and
emergencies
``(a) For the purpose of this section--
``(1) `employee' means an employee as defined in section
6331(1); and
``(2) `agency' means an Executive agency.
``(b) In the event of a major disaster or emergency, as declared by
the President, that results in severe adverse effects for a substantial
number of employees, the President may direct the Office of Personnel
Management to establish an emergency leave transfer program under which
any employee in any agency may donate unused annual leave for transfer
to employees of the same or other agencies who are adversely affected by
such disaster or emergency.
``(c) The Office shall establish appropriate requirements for the
operation of the emergency leave transfer program under subsection (b),
including appropriate limitations on the donation and use of annual
leave under the program. An employee may receive and use leave under the
program without regard to any requirement that any annual leave and sick
leave to a leave recipient's credit must be exhausted before any
transferred annual leave may be used.
``(d) A leave bank established under subchapter IV may, to the
extent provided in regulations prescribed by the Office, donate annual
leave to the emergency leave transfer program established under
subsection (b).
``(e) Except to the extent that the Office may prescribe by
regulation, nothing in section 7351 shall apply to any solicitation,
donation, or acceptance of leave under this section.
``(f) The Office <<NOTE: Regulations.>> shall prescribe regulations
necessary for the administration of this section.''.
(b) The analysis for chapter 63 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES
``6391. Authority for leave transfer program in disasters and
emergencies.''.
CHAPTER 10
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
For an additional amount for ``Compensation and pensions'',
$928,000,000, to remain available until expended.
Administrative Provision
The Secretary of Veterans Affairs may carry out the construction of
a multi-story parking garage at the Department of Veterans Affairs
medical center in Cleveland, Ohio, in the amount of $12,300,000, and
there is authorized to be appropriated for fiscal
[[Page 111 STAT. 198]]
year 1997 for the Parking Revolving Fund account, a total of $12,300,000
for this project.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
annual contributions for assisted housing
Notwithstanding any other provision of law, of the $1,000,000
appropriated for special purpose grants in Public Law 102-139, for a
parking garage in Ashland, Kentucky, $500,000 shall be made available
instead for use in acquiring parking in Ashland, Kentucky and $500,000
shall be made available instead for the restoration of the Paramount
Theater in Ashland, Kentucky.
preserving existing housing investment
For an additional amount for ``Preserving existing housing
investment'', to be made available for use in conjunction with
properties that are eligible for assistance under the Low-Income Housing
Preservation and Resident Homeownership Act of 1990 or the Emergency Low
Income Housing Preservation Act of 1987, $3,500,000, to remain available
until expended: Provided, That up to such amount shall be for a project
in Syracuse, New York, the processing for which was suspended, deferred
or interrupted for a period of nine months or more because of differing
interpretations, by the Secretary of Housing and Urban Development and
an owner, concerning the timing of the ability of an uninsured section
236 property to prepay, or by the Secretary and a State rent regulatory
agency concerning the effect of a presumptively applicable State rent
control law or regulation on the determination of preservation value
under section 213 of such Act, if the owner of such project filed a
notice of intent to extend the low-income affordability restrictions of
the housing on or before August 23, 1993, and the Secretary approved the
plan of action on or before July 25, 1996.
capacity building for community development and affordable housing
(transfer of funds)
For ``Capacity building for community development and affordable
housing'', as authorized by section 4 of the HUD Demonstration Act of
1993 (Public Law 103-120), $30,200,000, to remain available until
expended, and to be derived by transfer from the Homeownership and
Opportunity for People Everywhere Grants account: Provided, That at
least $10,000,000 of the funding under this head be used in rural areas,
including tribal areas.
Community Planning and Development
community development block grants fund
For an additional amount for ``Community development block grants
fund'', as authorized under title I of the Housing and Community
Development Act of 1974, $500,000,000, of which $250,000,000 shall
become available for obligation on October 1, 1997, all of which shall
remain available until September 30, 2000, for use
[[Page 111 STAT. 199]]
only for buyouts, relocation, long-term recovery, and mitigation in
communities affected by the flooding in the upper Midwest and other
disasters in fiscal year 1997 and such natural disasters designated 30
days prior to the start of fiscal year 1997, except those activities
reimbursable or for which funds are made available by the Federal
Emergency Management Agency, the Small Business Administration, or the
Army Corps of Engineers: Provided, That in administering these amounts,
the Secretary may waive, or specify alternative requirements for, any
provision of any statute or regulation that the Secretary administers in
connection with the obligation by the Secretary or the use by the
recipient of these funds, except for statutory requirements related to
civil rights, fair housing and nondiscrimination, the environment, and
labor standards, upon a finding that such waiver is required to
facilitate the use of such funds, and would not be inconsistent with the
overall purpose of the statute: Provided further, That
the <<NOTE: Federal Register, publication.>> Secretary of Housing and
Urban Development shall publish a notice in the Federal Register
governing the use of community development block grants funds in
conjunction with any program administered by the Director of the Federal
Emergency Management Agency for buyouts for structures in disaster
areas: Provided further, That for any funds under this head used for
buyouts in conjunction with any program administered by the Director of
the Federal Emergency Management Agency, each State or unit of general
local government requesting funds from the Secretary of Housing and
Urban Development for buyouts shall submit a plan to the Secretary which
must be approved by the Secretary as consistent with the requirements of
this program: Provided further, That the <<NOTE: Reports.>> Secretary
of Housing and Urban Development and the Director of the Federal
Emergency Management Agency shall submit quarterly reports to the House
and Senate Committees on Appropriations on all disbursements and uses of
funds for or associated with buyouts: Provided further, That for
purposes of disasters eligible under this head the Secretary of Housing
and Urban Development may waive, on a case-by-case basis and upon such
other terms as the Secretary may specify, in whole or in part, the
requirements that activities benefit persons of low- and moderate-income
pursuant to section 122 of the Housing and Community Development Act of
1974, and may waive, in whole or in part, the requirements that housing
qualify as affordable housing pursuant to section 290 of the HOME
Investment Partnerships Act: Provided further, That the entire amount
shall be available only to the extent an official budget request, that
includes designation of the entire amount of the request as an emergency
requirement as defined by the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Management and Administration
salaries and expenses
Of the <<NOTE: Contracts.>> funds appropriated under this head in
Public Law 104-204, the Secretary of Housing and Urban Development shall
enter into a contract with the National Academy of Public Administration
not to exceed $1,000,000 no later than one month after enactment
[[Page 111 STAT. 200]]
of this Act for an evaluation of the Department of Housing and Urban
Development's management systems.
INDEPENDENT AGENCIES
Environmental Protection Agency
buildings and facilities
From the amounts appropriated under this heading in prior
appropriation Acts for the Center for Ecology Research and Training
(CERT), the Environmental Protection Agency (EPA) shall, after the
closing of the period for filing CERT-related claims pursuant to the
Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. 4601 et seq.), obligate the maximum amount of funds
necessary to settle all outstanding CERT-related claims against the EPA
pursuant to such Act. To the extent that unobligated balances then
remain from such amounts previously appropriated, the EPA is authorized
beginning in fiscal year 1997 to make grants to the City of Bay City,
Michigan, for the purpose of EPA-approved environmental remediation and
rehabilitation of publicly owned real property included in the
boundaries of the CERT project.
state and tribal assistance grants
The funds appropriated in Public Law 104-204 to the Environmental
Protection Agency under this heading for grants to States and federally
recognized tribes for multi-media or single media pollution prevention,
control, and abatement and related activities, $674,207,000, may also be
used for the direct implementation by the Federal Government of a
program required by law in the absence of an acceptable State or tribal
program.
Federal Emergency Management Agency
disaster relief
For an additional amount for ``Disaster relief '', $3,300,000,000,
to remain available until expended: Provided, That $2,300,000,000 shall
become available for obligation on September 30, 1997, but shall not
become available until the Director of the Federal Emergency Management
Agency submits to the Congress a legislative proposal to control
disaster relief expenditures including the elimination of funding for
certain revenue producing facilities: Provided further, That of the
funds made available under this heading, up to $20,000,000 may be
transferred to the Disaster Assistance Direct Loan Program for the cost
of direct loans as authorized under section 417 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.): Provided further, That such transfer may be made to subsidize
gross obligations for the principal amount of direct loans not to exceed
$21,000,000 under section 417 of the Stafford Act: Provided further,
That any such transfer of funds shall be made only upon certification by
the Director of the Federal Emergency Management Agency that all
requirements of section 417 of the Stafford Act will be complied with:
Provided further, That the entire amount appropriated herein shall be
available only to the extent that an official budget request
[[Page 111 STAT. 201]]
for a specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to Congress: Provided further, That the
entire amount appropriated herein is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 10
Sec. 10001. The <<NOTE: Records. Contracts. 42 USC 3548.>>
Secretary shall submit semi-annually to the Committees on Appropriations
a list of all contracts and task orders issued under such contracts in
excess of $250,000 which were entered into during the prior 6-month
period by the Secretary, the Government National Mortgage Association,
and the Office of Federal Housing Enterprise Oversight (or by any
officer of the Department of Housing and Urban Development, the
Government National Mortgage Association, or the Office of Federal
Housing Enterprise Oversight acting in his or her capacity to represent
the Secretary or these entities). Each listing shall identify the
parties to the contract, the term and amount of the contract, and the
subject matter and responsibilities of the parties to the contract.
Sec. 10002. Section 8(c)(9) of the United States Housing Act of 1937
is <<NOTE: 42 USC 1437f.>> amended by striking out ``Not less than one
year prior to terminating any contract'' and inserting in lieu thereof:
``Not less than 180 days prior to terminating any contract''.
Sec. 10003. The first sentence of section 542(c)(4) of the Housing
and Community Development Act of 1992 is <<NOTE: 12 USC 1707 note.>>
amended by striking out ``on not more than 12,000 units during fiscal
year 1996'' and inserting in lieu thereof: ``on not more than 12,000
units during fiscal year 1996 and not more than an additional 7,500
units during fiscal year 1997''.
Sec. 10004. Section 4(a) and (b)(3) of the HUD Demonstration Act of
1993 is <<NOTE: 42 USC 9816 note.>> amended by inserting after
``National Community Development Initiative'': ``, Local Initiatives
Support Corporation, The Enterprise Foundation, Habitat for Humanity,
and Youthbuild USA''.
Sec. 10005. Section 234(c) of <<NOTE: 12 USC 1715y.>> the National
Housing Act is amended by inserting after ``203(b)(2)'' the following:
``or pursuant to section 203(h) under the conditions described in
section 203(h)''.
Sec. 10006. Section 211(b)(4)(B) of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations <<NOTE: 42 USC 1437f note.>> Act, 1997 (Public Law 104-
204) is amended by inserting the following at the end: ``The term
`owner', as used in this subparagraph, in addition to it having the same
meaning as in section 8(f) of the United States Housing Act of 1937,
also means an affiliate of the owner. The term `affiliate of the owner'
means any person or entity (including, but not limited to, a general
partner or managing member, or an officer of either) that controls an
owner, is controlled by an owner, or is under common control with the
owner. The term `control' means the direct or indirect power (under
contract, equity ownership, the right to vote or determine a vote, or
otherwise) to direct the financial, legal, beneficial, or other
interests of the owner.''.
[[Page 111 STAT. 202]]
CHAPTER 11
OFFSETS AND RESCISSIONS
DEPARTMENT OF AGRICULTURE
Office of the Secretary
fund for rural america
Of the funds provided on January 1, 1997 for section 793 of Public
Law 104-127, Fund for Rural America, not more than $80,000,000 shall be
available.
Food and Consumer Service
the emergency food assistance program
Notwithstanding section 27(a) of the Food Stamp Act, the amount
specified for allocation under such section for fiscal year 1997 shall
be $80,000,000.
Foreign Agricultural Service and General Sales Manager
export credit
None of the funds made available in the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 1997, Public Law 104-180, may be used to pay the
salaries and expenses of personnel to carry out a combined program for
export credit guarantees, supplier credit guarantees, and emerging
democracies facilities guarantees at a level which exceeds
$3,500,000,000.
export enhancement program
None of the funds appropriated or otherwise made available in Public
Law 104-180 shall be used to pay the salaries and expenses of personnel
to carry out an export enhancement program if the aggregate amount of
funds and/or commodities under such program exceeds $10,000,000.
DEPARTMENT OF JUSTICE
General Administration
working capital fund
(rescission)
Of the unobligated balances available under this heading, $6,400,000
are rescinded.
Legal Activities
assets forfeiture fund
(rescission)
Of the amounts made available to the Attorney General on October 1,
1996, from surplus balances declared in prior years
[[Page 111 STAT. 203]]
pursuant to 28 U.S.C. 524(c), authority to obligate $3,000,000 of such
funds in fiscal year 1997 is rescinded.
Immigration and Naturalization Service
construction
(rescission)
Of the unobligated balances under this heading from amounts made
available in Public Law 103-317, $1,000,000 are rescinded.
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
industrial technology services
(rescission)
Of the unobligated balances available under this heading for the
Advanced Technology Program, $7,000,000 are rescinded.
RELATED AGENCIES
Federal Communications Commission
salaries and expenses
(rescission)
Of the unobligated balances available under this heading, $1,000,000
are rescinded.
Ounce of Prevention Council
(rescission)
Of the amounts made available under this heading in Public Law 104-
208, $1,000,000 are rescinded.
DEPARTMENT OF ENERGY
Energy Programs
energy supply, research and development activities
(rescission)
Of the funds made available under this heading in Public Law 104-206
and prior years' Energy and Water Development Appropriations Acts,
$11,180,000 are rescinded.
Clean Coal Technology
(rescission)
Of the funds made available under this heading for obligation in
fiscal year 1997 or prior years, $17,000,000 are rescinded: Provided,
That funds made available in previous appropriations Acts
[[Page 111 STAT. 204]]
shall be available for any ongoing project regardless of the separate
request for proposal under which the project was selected.
Strategic Petroleum Reserve
(rescission)
Of the funds made available under this heading in previous
appropriations Acts, $11,000,000 are rescinded.
Power Marketing Administrations
construction, rehabilitation, operation and maintenance, western area
power administration
(rescission)
Of the funds made available under this heading in Public Law 104-206
and prior years' Energy and Water Development Appropriations Acts,
$11,352,000 are rescinded.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
job opportunities and basic skills
(rescission)
Of the funds made available under this heading in Public Law 104-
208, there is rescinded an amount equal to the total of the funds within
each State's limitation for fiscal year 1997 that are not necessary to
pay such State's allowable claims for such fiscal year.
Section 403(k)(3)(F) of the <<NOTE: 42 USC 603.>> Social Security
Act (as in effect on October 1, 1996) is amended by adding after the
``,'' the following: ``reduced by an amount equal to the total of those
funds that are within each State's limitation for fiscal year 1997 that
are not necessary to pay such State's allowable claims for such fiscal
year (except that such amount for such year shall be deemed to be
$1,000,000,000 for the purpose of determining the amount of the payment
under subsection (1) to which each State is entitled),''.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
grants-in-aid for airports
(airport and airway trust fund)
(rescission of contract authorization)
Of the unobligated balances authorized under 49 U.S.C. 48103 as
amended, $750,000,000 are rescinded.
[[Page 111 STAT. 205]]
National Highway Traffic Safety Administration
highway traffic safety grants
(highway trust fund)
(rescission of contract authorization)
Of the available balances of contract authority under this heading,
$13,000,000 are rescinded.
Federal Transit Administration
trust fund share of expenses
(highway trust fund)
(rescission of contract authorization)
Of the available balances of contract authority under this heading,
$271,000,000 are rescinded.
discretionary grants
(highway trust fund)
(rescission of contract authorization)
Of the available balances of contract authority under this heading,
for fixed guideway modernization and bus activities under 49 U.S.C.
5309(m)(A) and (C), $588,000,000 are rescinded.
INDEPENDENT AGENCY
General Services Administration
expenses, presidential transition
(rescission)
Of the amounts made available under this heading in Public Law 104-
208, $5,600,000 are rescinded.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
annual contributions for assisted housing
(including rescission)
Of the amounts recaptured under this heading during fiscal year 1997
and prior years, $3,650,000,000 are rescinded: Provided, That the
Secretary of Housing and Urban Development shall recapture at least
$5,800,000,000 in amounts heretofore maintained as section 8 reserves
made available to housing agencies for tenant-based assistance under the
section 8 existing housing certificate and housing voucher programs:
Provided further, That all additional section 8 reserve funds of an
amount not less than $2,150,000,000 and any recaptures (other than funds
already designated for other uses) specified in section 214 of Public
Law 104-204 shall be preserved under the head ``Section 8 Reserve
Preservation Account''
[[Page 111 STAT. 206]]
for use in extending section 8 contracts expiring in fiscal year 1998
and thereafter: Provided further, That the Secretary may recapture less
than $5,800,000,000 and reserve less than $2,150,000,000 where the
Secretary determines that insufficient section 8 funds are available for
current fiscal year contract obligations: Provided further, That the
Comptroller General of the United States shall conduct an audit of all
accounts of the Department of Housing and Urban Development to determine
whether the Department's systems for budgeting and accounting for
section 8 rental assistance ensure that unexpended funds do not reach
unreasonable levels and that obligations are spent in a timely manner.
INDEPENDENT AGENCY
National Aeronautics and Space Administration
national aeronautics facilities
(rescission)
Of the funds made available under this heading in Public Law 103-
327, $365,000,000 are rescinded.
funds appropriated to the president
unanticipated needs
(rescission)
Of the funds made available under this heading in Public Law 103-211
to NASA for ``Space flight, control, and data communications'',
$4,200,000 are rescinded.
TITLE III
GENERAL PROVISIONS--THIS ACT
Sec. 30001. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
buy-american requirements
Sec. 30002. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and 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,
[[Page 111 STAT. 207]]
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely 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. 30003. The Office of Management and Budget is directed to work
with Federal agencies, as appropriate, to support the extension and
revision of Federal grants, contracts, and cooperative agreements at
universities affected by flooding in designated Federal disaster areas
where work on such grants, contracts, and cooperative agreements was
suspended as a result of the flood disaster.
TITLE IV--COST <<NOTE: Cost of Higher Education Review Act of 1997.>>
OF HIGHER EDUCATION REVIEW
SEC. 40001. SHORT TITLE; FINDINGS.
(a) Short Title.--This title may be cited as the ``Cost of Higher
Education Review Act of 1997''.
(b) Findings.--The Congress finds the following:
(1) According to a report issued by the General Accounting
Office, tuition at 4-year public colleges and universities
increased 234 percent from school year 1980-1981 through school
year 1994-1995, while median household income rose 82 percent
and the cost of consumer goods as measured by the Consumer Price
Index rose 74 percent over the same time period.
(2) A 1995 survey of college freshmen found that concern
about college affordability was the highest it has been in the
last 30 years.
(3) Paying for a college education now ranks as one of the
most costly investments for American families.
SEC. 40002. ESTABLISHMENT OF NATIONAL COMMISSION ON THE COST OF HIGHER
EDUCATION.
There is established a Commission to be known as the ``National
Commission on the Cost of Higher Education'' (hereafter in this title
referred to as the ``Commission'').
SEC. 40003. MEMBERSHIP OF COMMISSION.
(a) Appointment.--The Commission shall be composed of 11 members as
follows:
(1) Three individuals shall be appointed by the Speaker of
the House.
(2) Two individuals shall be appointed by the Minority
Leader of the House.
(3) Three individuals shall be appointed by the Majority
Leader of the Senate.
(4) Two individuals shall be appointed by the Minority
Leader of the Senate.
[[Page 111 STAT. 208]]
(5) One individual shall be appointed by the Secretary of
Education.
(b) Additional Qualifications.--Each of the individuals appointed
under subsection (a) shall be an individual with expertise and
experience in higher education finance (including the financing of State
institutions of higher education), Federal financial aid programs,
education economics research, public or private higher education
administration, or business executives who have managed successful cost
reduction programs.
(c) Chairperson and Vice Chairperson.--The members of the Commission
shall elect a Chairperson and a Vice Chairperson. In the absence of the
Chairperson, the Vice Chairperson will assume the duties of the
Chairperson.
(d) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(e) Appointments.--All appointments under subsection (a) shall be
made within 30 days after the date of enactment of this Act. In the
event that an officer authorized to make an appointment under subsection
(a) has not made such appointment within such 30 days, the appointment
may be made for such officer as follows:
(1) the Chairman of the Committee on Education and the
Workforce may act under such subsection for the Speaker of the
House of Representatives;
(2) the Ranking Minority Member of the Committee on
Education and the Workforce may act under such subsection for
the Minority Leader of the House of Representatives;
(3) the Chairman of the Committee on Labor and Human
Resources may act under such subsection for the Majority Leader
of the Senate; and
(4) the Ranking Minority Member of the Committee on Labor
and Human Resources may act under such subsection for the
Minority Leader of the Senate.
(f) Voting.--Each member of the Commission shall be entitled to one
vote, which shall be equal to the vote of every other member of the
Commission.
(g) Vacancies.--Any vacancy on the Commission shall not affect its
powers, but shall be filled in the manner in which the original
appointment was made.
(h) Prohibition of Additional Pay.--Members of the Commission shall
receive no additional pay, allowances, or benefits by reason of their
service on the Commission. Members appointed from among private citizens
of the United States may be allowed travel expenses, including per diem,
in lieu of subsistence, as authorized by law for persons serving
intermittently in the government service to the extent funds are
available for such expenses.
(i) Initial Meeting.--The initial meeting of the Commission shall
occur within 40 days after the date of enactment of this Act.
SEC. 40004. FUNCTIONS OF COMMISSION.
(a) Specific Findings and Recommendations.--The Commission shall
study and make findings and specific recommendations regarding the
following:
(1) The increase in tuition compared with other commodities
and services.
(2) Innovative methods of reducing or stabilizing tuition.
[[Page 111 STAT. 209]]
(3) Trends in college and university administrative costs,
including administrative staffing, ratio of administrative staff
to instructors, ratio of administrative staff to students,
remuneration of administrative staff, and remuneration of
college and university presidents or chancellors.
(4) Trends in (A) faculty workload and remuneration
(including the use of adjunct faculty), (B) faculty-to-student
ratios, (C) number of hours spent in the classroom by faculty,
and (D) tenure practices, and the impact of such trends on
tuition.
(5) Trends in (A) the construction and renovation of
academic and other collegiate facilities, and (B) the
modernization of facilities to access and utilize new
technologies, and the impact of such trends on tuition.
(6) The extent to which increases in institutional financial
aid and tuition discounting have affected tuition increases,
including the demographics of students receiving such aid, the
extent to which such aid is provided to students with limited
need in order to attract such students to particular
institutions or major fields of study, and the extent to which
Federal financial aid, including loan aid, has been used to
offset such increases.
(7) The extent to which Federal, State, and local laws,
regulations, or other mandates contribute to increasing tuition,
and recommendations on reducing those mandates.
(8) The establishment of a mechanism for a more timely and
widespread distribution of data on tuition trends and other
costs of operating colleges and universities.
(9) The extent to which student financial aid programs have
contributed to changes in tuition.
(10) Trends in State fiscal policies that have affected
college costs.
(11) The adequacy of existing Federal and State financial
aid programs in meeting the costs of attending colleges and
universities.
(12) Other related topics determined to be appropriate by
the Commission.
(b) Final Report.--
(1) In general.--Subject to paragraph (2), the Commission
shall submit to the President and to the Congress, not later
than 120 days after the date of the first meeting of the
Commission, a report which shall contain a detailed statement of
the findings and conclusions of the Commission, including the
Commission's recommendations for administrative and legislative
action that the Commission considers advisable.
(2) Majority vote required for recommendations.--Any
recommendation described in paragraph (1) shall be made by the
Commission to the President and to the Congress only if such
recommendation is adopted by a majority vote of the members of
the Commission who are present and voting.
(3) Evaluation of different circumstances.--In making any
findings under subsection (a) of this section, the Commission
shall take into account differences between public and private
colleges and universities, the length of the academic program,
the size of the institution's student population, and the
availability of the institution's resources, including the size
of the institution's endowment.
[[Page 111 STAT. 210]]
SEC. 40005. POWERS OF COMMISSION.
(a) Hearings.--The Commission may, for the purpose of carrying out
this title, hold such hearings and sit and act at such times and places,
as the Commission may find advisable.
(b) Rules and Regulations.--The Commission may adopt such rules and
regulations as may be necessary to establish the Commission's procedures
and to govern the manner of the Commission's operations, organization,
and personnel.
(c) Assistance From Federal Agencies.--
(1) Information.--The Commission may request from the head
of any Federal agency or instrumentality such information as the
Commission may require for the purpose of this title. Each such
agency or instrumentality shall, to the extent permitted by law
and subject to the exceptions set forth in section 552 of title
5, United States Code (commonly referred to as the Freedom of
Information Act), furnish such information to the Commission,
upon request made by the Chairperson of the Commission.
(2) Facilities and services, personnel detail authorized.--
Upon request of the Chairperson of the Commission, the head of
any Federal agency or instrumentality shall, to the extent
possible and subject to the discretion of such head--
(A) make any of the facilities and services of such
agency or instrumentality available to the Commission;
and
(B) detail any of the personnel of such agency or
instrumentality to the Commission, on a nonreimbursable
basis, to assist the Commission in carrying out the
Commission's duties under this title.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(e) Contracting.--The Commission, to such extent and in such amounts
as are provided in appropriation Acts, may enter into contracts with
State agencies, private firms, institutions, and individuals for the
purpose of conducting research or surveys necessary to enable the
Commission to discharge the Commission's duties under this title.
(f) Staff.--Subject to such rules and regulations as may be adopted
by the Commission, and to such extent and in such amounts as are
provided in appropriation Acts, the Chairperson of the Commission shall
have the power to appoint, terminate, and fix the compensation (without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title,
or of any other provision, or of any other provision of law, relating to
the number, classification, and General Schedule rates) of an Executive
Director, and of such additional staff as the Chairperson deems
advisable to assist the Commission, at rates not to exceed a rate equal
to the maximum rate for level IV of the Executive Schedule under section
5332 of such title.
SEC. 40006. FUNDING OF COMMISSION.
There is authorized to be appropriated for fiscal year 1997 for
carrying out this title, $650,000, to remain available until
[[Page 111 STAT. 211]]
expended, or until one year after the termination of the Commission
pursuant to section 40007, whichever occurs first.
SEC. 40007. TERMINATION OF COMMISSION.
The Commission shall cease to exist on the date that is 60 days
after the date on which the Commission is required to submit its final
report in accordance with section 40004(b).
TITLE V--DEPOSITORY <<NOTE: Depository Institutions Disaster Relief Act
of 1997.>> INSTITUTION DISASTER RELIEF
SEC. 50001. SHORT <<NOTE: 12 USC 1811 note.>> TITLE.
This title may be cited as the ``Depository Institutions Disaster
Relief Act of 1997''.
SEC. 50002. TRUTH <<NOTE: 12 USC 4008 note.>> IN LENDING ACT; EXPEDITED
FUNDS AVAILABILITY ACT.
(a) Truth in Lending Act.--During the 240-day period beginning on
the date of enactment of this Act, the Board of Governors of the Federal
Reserve System may make exceptions to the Truth in Lending Act for
transactions within an area in which the President, pursuant to section
401 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, has determined, on or after February 28, 1997, that a major
disaster exists, or within an area determined to be eligible for
disaster relief under other Federal law by reason of damage related to
the 1997 flooding of the Red River of the North, the Minnesota River,
and the tributaries of such rivers, if the Board determines that the
exception can reasonably be expected to alleviate hardships to the
public resulting from such disaster that outweigh possible adverse
effects.
(b) Expedited Funds Availability Act.--During the 240-day period
beginning on the date of enactment of this Act, the Board of Governors
of the Federal Reserve System may make exceptions to the Expedited Funds
Availability Act for depository institution offices located within any
area referred to in subsection (a) of this section if the Board
determines that the exception can reasonably be expected to alleviate
hardships to the public resulting from such disaster that outweigh
possible adverse effects.
(c) Time Limit on Exceptions.--Any exception made under this section
shall expire not later than September 1, 1998.
(d) Publication <<NOTE: Federal Register, publication.>>
Required.--The Board of Governors of the Federal Reserve System shall
publish in the Federal Register a statement that--
(1) describes any exception made under this section; and
(2) explains how the exception can reasonably be expected to
produce benefits to the public that outweigh possible adverse
effects.
SEC. 50003. DEPOSIT <<NOTE: 12 USC 1831o note.>> OF INSURANCE PROCEEDS.
(a) In General.--The appropriate Federal banking agency may, by
order, permit an insured depository institution to subtract from the
institution's total assets, in calculating compliance with the leverage
limit prescribed under section 38 of the Federal Deposit Insurance Act,
an amount not exceeding the qualifying amount attributable to insurance
proceeds, if the agency determines that--
(1) the institution--
(A) had its principal place of business within an
area in which the President, pursuant to section 401 of
the
[[Page 111 STAT. 212]]
Robert T. Stafford Disaster Relief and Emergency
Assistance Act, has determined, on or after February 28,
1997, that a major disaster exists, or within an area
determined to be eligible for disaster relief under
other Federal law by reason of damage related to the
1997 flooding of the Red River of the North, the
Minnesota River, and the tributaries of such rivers, on
the day before the date of any such determination;
(B) derives more than 60 percent of its total
deposits from persons who normally reside within, or
whose principal place of business is normally within,
areas of intense devastation caused by the major
disaster;
(C) was adequately capitalized (as defined in
section 38 of the Federal Deposit Insurance Act) before
the major disaster; and
(D) has an acceptable plan for managing the increase
in its total assets and total deposits; and
(2) the subtraction is consistent with the purpose of
section 38 of the Federal Deposit Insurance Act.
(b) Time Limit on Exceptions.--Any exception made under this section
shall expire not later than February 28, 1999.
(c) Definitions.--For purposes of this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' has the same meaning as
in section 3 of the Federal Deposit Insurance Act.
(2) Insured depository institution.--The term ``insured
depository institution'' has the same meaning as in section 3 of
the Federal Deposit Insurance Act.
(3) Leverage limit.--The term ``leverage limit'' has the
same meaning as in section 38 of the Federal Deposit Insurance
Act.
(4) Qualifying amount attributable to insurance proceeds.--
The term ``qualifying amount attributable to insurance
proceeds'' means the amount (if any) by which the institution's
total assets exceed the institution's average total assets
during the calendar quarter ending before the date of any
determination referred to in subsection (a)(1)(A), because of
the deposit of insurance payments or governmental assistance
made with respect to damage caused by, or other costs resulting
from, the major disaster.
SEC. 50004. BANKING <<NOTE: 12 USC 1828 note.>> AGENCY PUBLICATION
REQUIREMENTS.
(a) In General.--A qualifying regulatory agency may take any of the
following actions with respect to depository institutions or other
regulated entities whose principal place of business is within, or with
respect to transactions or activities within, an area in which the
President, pursuant to section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, has determined, on or after
February 28, 1997, that a major disaster exists, or within an area
determined to be eligible for disaster relief under other Federal law by
reason of damage related to the 1997 flooding of the Red River of the
North, the Minnesota River, and the tributaries of such rivers, if the
agency determines that the action would facilitate recovery from the
major disaster:
(1) Procedure.--Exercising the agency's authority under
provisions of law other than this section without complying
with--
[[Page 111 STAT. 213]]
(A) any requirement of section 553 of title 5,
United States Code; or
(B) any provision of law that requires notice or
opportunity for hearing or sets maximum or minimum time
limits with respect to agency action.
(2) Publication requirements.--Making exceptions, with
respect to institutions or other entities for which the agency
is the primary Federal regulator, to--
(A) any publication requirement with respect to
establishing branches or other deposit-taking
facilities; or
(B) any similar publication requirement.
(b) Publication <<NOTE: Federal Register, publication.>>
Required.--A qualifying regulatory agency shall publish in the Federal
Register a statement that--
(1) describes any action taken under this section; and
(2) explains the need for the action.
(c) Qualifying Regulatory Agency Defined.--For purposes of this
section, the term ``qualifying regulatory agency'' means--
(1) the Board of Governors of the Federal Reserve System;
(2) the Comptroller of the Currency;
(3) the Director of the Office of Thrift Supervision;
(4) the Federal Deposit Insurance Corporation;
(5) the Financial Institutions Examination Council;
(6) the National Credit Union Administration; and
(7) with respect to chapter 53 of title 31, United States
Code, the Secretary of the Treasury.
(d) Expiration.--Any exception made under this section shall expire
not later than February 28, 1998.
SEC. 50005. SENSE OF THE CONGRESS.
(a) Financial Services.--It is the sense of the Congress that the
Board of Governors of the Federal Reserve System, the Comptroller of the
Currency, the Director of the Office of Thrift Supervision, the Federal
Deposit Insurance Corporation, and the National Credit Union
Administration should encourage depository institutions to meet the
financial services needs of their communities and customers located in
areas affected by the 1997 flooding of the Red River of the North, the
Minnesota River, and the tributaries of such rivers.
(b) Appraisal Standards.--It is the sense of the Congress that each
Federal financial institutions regulatory agency should, by regulation
or order, make exceptions to the appraisal standards prescribed by title
XI of the Financial Institutions Reform, Recovery, and Enforcement Act
of 1989 (12 U.S.C. 3331 et seq.) for transactions involving institutions
for which the agency is the primary Federal regulator with respect to
real property located within a disaster area pursuant to section 1123 of
the Financial Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 3352), if the agency determines that the exceptions can
reasonably be expected to alleviate hardships to the public resulting
from such disaster that outweigh possible adverse effects.
SEC. 50006. OTHER <<NOTE: 12 USC 1811 note.>> AUTHORITY NOT AFFECTED.
No provision of this title shall be construed as limiting the
authority of any department or agency under any other provision of law.
[[Page 111 STAT. 214]]
TITLE VI--TECHNICAL AMENDMENTS WITH RESPECT TO EDUCATION
SEC. 60001. TECHNICAL AMENDMENTS RELATING TO DISCLOSURES REQUIRED WITH
RESPECT TO GRADUATION RATES.
(a) Amendments.--Section 485 of the Higher Education Act of 1965 (20
U.S.C. 1092) is amended--
(1) in subsection (a)(3)(B), by striking ``June 30'' and
inserting ``August 31''; and
(2) in subsection (e)(9), by striking ``August 30'' and
inserting ``August 31''.
(b) Effective <<NOTE: 20 USC 1092 note.>> Dates.--
(1) In General.--Except as provided in paragraph (2), the
amendments made by subsection (a) are effective upon enactment.
(2) Information dissemination.--No institution shall be
required to comply with the amendment made by subsection (a)(1)
before July 1, 1998.
SEC. 60002. DATE EXTENSION.
Section 1501(a)(4) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6491(a)(4)) is amended by striking ``January 1, 1998''
and inserting ``January 1, 1999''.
SEC. 60003. TIMELY <<NOTE: Kansas. New Mexico.>> FILING OF NOTICE.
Notwithstanding any other provision of law, the Secretary of
Education shall deem Kansas and New Mexico to have timely submitted
under section 8009(c)(1) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7709(c)(1)) the States' written notices of intent to
consider payments described in section 8009(b)(1) of the Act (20 U.S.C.
7709(b)(1)) in providing State aid to local educational agencies for
school year 1997-1998, except that the Secretary may require the States
to submit such additional information as the Secretary may require,
which information shall be considered part of the notices.
SEC. 60004. HOLD HARMLESS PAYMENTS.
Section 8002(h)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7702(h)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon;
(2) in subparagraph (B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) for fiscal year 1997 and each succeeding
fiscal year through fiscal year 2000 shall not be less
than 85 percent of the amount such agency received for
fiscal year 1996 under subsection (b).''.
SEC. 60005. DATA.
(a) In General.--Section 8003(f)(4) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(f)(4)) is amended--
(1) in subparagraph (A)--
(A) by inserting ``expenditure,'' after
``revenue,''; and
(B) by striking the semicolon and inserting a
period;
(2) by striking ``the Secretary'' and all that follows
through ``shall use'' and inserting ``the Secretary shall use'';
and
(3) by striking subparagraph (B).
[[Page 111 STAT. 215]]
(b) Effective <<NOTE: 20 USC 7703 note.>> Date.--The amendments
made by subsection (a) shall apply with respect to fiscal years after
fiscal year 1997.
SEC. 60006. PAYMENTS RELATING TO FEDERAL PROPERTY.
Section 8002(i) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7702(i)) is amended to read as follows:
``(i) Priority Payments.--
``(1) In general.--Notwithstanding subsection (b)(1)(B), and
for any fiscal year beginning with fiscal year 1997 for which
the amount appropriated to carry out this section exceeds the
amount so appropriated for fiscal year 1996--
``(A) the Secretary shall first use the excess
amount (not to exceed the amount equal to the difference
of (i) the amount appropriated to carry out this section
for fiscal year 1997, and (ii) the amount appropriated
to carry out this section for fiscal year 1996) to
increase the payment that would otherwise be made under
this section to not more than 50 percent of the maximum
amount determined under subsection (b) for any local
educational agency described in paragraph (2); and
``(B) the Secretary shall use the remainder of the
excess amount to increase the payments to each eligible
local educational agency under this section.
``(2) Local educational agency described.--A local
educational agency described in this paragraph is a local
educational agency that--
``(A) received a payment under this section for
fiscal year 1996;
``(B) serves a school district that contains all or
a portion of a United States military academy;
``(C) serves a school district in which the local
tax assessor has certified that at least 60 percent of
the real property is federally owned; and
``(D) demonstrates to the satisfaction of the
Secretary that such agency's per-pupil revenue derived
from local sources for current expenditures is not less
than that revenue for the preceding fiscal year.''.
SEC. 60007. TIMELY FILING UNDER SECTION 8003.
The Secretary of Education shall treat as timely filed, and shall
process for payment, an amendment to an application for a fiscal year
1997 payment from a local educational agency under section 8003 of the
Elementary and Secondary Education Act of 1965 if--
(1) that agency is described in subsection (a)(3) of that
section, as amended by section 376 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201);
(2) that agency was not described in that subsection prior
to that amendment; and
(3) the Secretary received the amendment to the agency's
application prior to the enactment of this Act.
[[Page 111 STAT. 216]]
TITLE VII--FOOD STAMP PROGRAM
State Option to Issue Food Stamp Benefits to Certain Individuals Made
Ineligible by Welfare Reform
(a) In General.--Section 7 of the Food Stamp Act of 1977 (7 U.S.C.
2016) is amended--
(1) in subsection (a), by inserting after ``necessary, and''
the following: ``(except as provided in subsection (j))''; and
(2) by adding at the end the following:
``(j) State Option to Issue Benefits to Certain Individuals Made
Ineligible by Welfare Reform.--
``(1) In general.--Notwithstanding any other provision of
law, a State agency may, with the approval of the Secretary,
issue benefits under this Act to an individual who is ineligible
to participate in the food stamp program solely as a result of
section 6(o)(2) of this Act or section 402 or 403 of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1612 or 1613).
``(2) State payments to secretary.--
``(A) In general.--Not later than the date the State
agency issues benefits to individuals under this
subsection, the State agency shall pay the Secretary, in
accordance with procedures established by the Secretary,
an amount that is equal to--
``(i) the value of the benefits; and
``(ii) the costs of printing, shipping, and
redeeming coupons, and other Federal costs,
incurred in providing the benefits, as determined
by the Secretary.
``(B) Crediting.--Notwithstanding section 3302(b) of
title 31, United States Code, payments received under
subparagraph (A) shall be credited to the food stamp
program appropriation account or the account from which
the costs were drawn, as appropriate, for the fiscal
year in which the payment is received.
``(3) Reporting.--To be eligible to issue benefits under
this subsection, a State agency shall comply with reporting
requirements established by the Secretary to carry out this
subsection.
``(4) Plan.--To be eligible to issue benefits under this
subsection, a State agency shall--
``(A) submit a plan to the Secretary that describes
the conditions and procedures under which the benefits
will be issued, including eligibility standards, benefit
levels, and the methodology the State agency will use to
determine amounts due the Secretary under paragraph (2);
and
``(B) obtain the approval of the Secretary for the
plan.
``(5) Violations.--A sanction, disqualification, fine, or
other penalty prescribed under Federal law (including sections
12 and 15) shall apply to a violation committed in connection
with a coupon issued under this subsection.
``(6) Ineligibility for administrative reimbursement.--
Administrative and other costs incurred in issuing a benefit
under this subsection shall not be eligible for Federal funding
under this Act.
[[Page 111 STAT. 217]]
``(7) Exclusion from enhanced payment accuracy systems.--
Section 16(c) shall not apply to benefits issued under this
subsection.''.
(b) Conforming Amendments.--Section 17(b)(1)(B)(iv) of the Food
Stamp Act of 1977 (7 U.S.C. 2026(b)(1)(B)(iv)) is amended--
(1) in subclause (V), by striking ``or'' at the end;
(2) in subclause (VI), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(VII) waives a provision of
section 7(j).''.
TITLE VIII--2000 DECENNIAL CENSUS
The Department of Commerce is directed within thirty days of
enactment of this Act to provide to the Congress a comprehensive and
detailed plan outlining its proposed methodologies for conducting the
2000 decennial Census and available methods to conduct an actual
enumeration of the population. This plan description shall specifically
include:
(1) a list of all statistical methodologies that may be used
in conducting the Census;
(2) an explanation of these statistical methodologies;
(3) a list of statistical errors which may occur as a result
of the use of each statistical methodology;
(4) the estimated error rate down to the census tract level;
(5) a cost estimation showing cost allocations for each
census activity plan; and
(6) an analysis of all available options for counting hard-
to-enumerate individuals, without utilizing sampling or any
other statistical methodology, including efforts like the
Milwaukee Complete Count project. The Department of Commerce is
also directed within thirty days of enactment of this Act to
provide to the Congress an estimate and explanation of the error
rate at the census block level based upon the 1995 test data.
This Act may be cited as the ``1997 Emergency Supplemental
Appropriations Act for Recovery from Natural Disasters, and for Overseas
Peacekeeping Efforts, Including Those in Bosnia''.
Approved June 12, 1997.
LEGISLATIVE HISTORY--H.R. 1871:
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CONGRESSIONAL RECORD, Vol. 143 (1997):
June 12, considered and passed House and Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
June 12, Presidential statement.
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