S.J.Res. 63 (104th): Omnibus Consolidated Appropriations Act, 1997

Introduced:
Sep 24, 1996 (104th Congress, 1995–1996)
Status:
Died (Reported by Committee)
Sponsor
Mark Hatfield
Senator from Oregon
Party
Republican
Text
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Last Updated
Sep 24, 1996
Length
955 pages
 
Status

This resolution was introduced on September 24, 1996, in a previous session of Congress, but was not enacted.

Progress
Introduced Sep 24, 1996
Reported by Committee Sep 24, 1996
 
Full Title

A joint resolution making continuing appropriations for the fiscal year ending September 30, 1997, and for other purposes.

Summary

No summaries available.

Cosponsors
none
 
Primary Source

THOMAS.gov (The Library of Congress)

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Notes

S.J.Res. stands for Senate joint resolution.

A joint resolution is often used in the same manner as a bill. If passed by both the House and Senate in identical form and signed by the president, it becomes a law. Joint resolutions are also used to propose amendments to the Constitution.

The resolution’s title was written by its sponsor.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


9/24/1996--Introduced.
TABLE OF CONTENTS:
Title I - Omnibus Appropriations Title I (sic): Department of Justice Title II: Department of Commerce and Related Agencies Title III: The Judiciary Title IV: Department of State and Related Agencies Title V: Related Agencies Title VI: General Provisions Title VII: Rescissions Title VIII: Fiscal Year 1996 Supplementals and Rescissions Title I (sic): Department of the Interior Title II: Related Agencies Title III: General Provisions Title IV: Emergency Appropriations Title I (sic): Department of Labor Title II: Department of Health and Human Services Title III: Department of Education Title IV: Related Agencies Title V: General Provisions Title VI: Commission on Retirement Income Policy Title I (sic): Department of the Treasury Title II: Postal Service Title III: Executive Office of the President and Funds Appropriated to the President Title IV: Independent Agencies Title V: General Provisions (This Act) Title VI: General Provisions (Departments, Agencies, and Corporations) Title I (sic): Additional Investment Funds for the Thrift Savings Plan Title II: Thrift Savings Accounts Liquidity Title VII (sic): Counter-Terrorism and Drug Law Enforcement Title II (sic): Oregon Resource Conservation Act of 1996 Title I (sic): Opal Creek Wilderness and Scenic Recreation Area Title II: Upper Klamath Basin Title III: Deschutes Basin Title IV: Mount Hood Corridor Title V: Coquille Tribal Forest Title VI: Bull Run Watershed Protection Title VII: Oregon Islands Wilderness, Additions Title VIII: Umpqua River Land Exchange Study Title III (sic): Local Empowerment and Flexibility Pilot Act of 1996 Title I (sic): Streamlining the Home Mortgage Lending Process Title II: Streamlining Government Regulation Subtitle A: Eliminating Unnecessary Regulatory Requirements and Procedures Subtitle B: Eliminating Unnecessary Regulatory Burdens Subtitle C: Regulatory Micromanagement Title III: Regulatory Impact on Cost of Credit and Credit Availability Title IV: Consumer Credit Subtitle A: Credit Reporting Reform Subtitle B: Credit Repair Organizations Title V: Asset Conservation, Lender Liability, and Deposit Insurance Protection Title VI: Miscellaneous Title VII: Deposit Insurance Funds Omnibus Consolidated Appropriations Act, 1997
Division 1 -
Title I - Omnibus Appropriations
Makes FY 1997 appropriations in amounts necessary for programs, projects or activities provided for in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, as if it had been enacted into law as the regular appropriations Act. Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997 -
Title I (sic) - Department of Justice
Department of Justice Appropriations Act, 1997 - Makes FY 1997 appropriations to the Department of Justice. Sets forth requirements and limitations relating to use of such funds.
Section 103 -
Prohibits the use of funds to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape.
Section 104 -
Prohibits the use of funds to require any person to perform, or facilitate the performance of, any abortion.
Section 109 -
Amends the Federal judicial code to revise: (1) quarterly bankruptcy fees; and (2) the formulae for the deposit of portions of such fees in the United States Trustee System Fund.
Section 110 -
Amends specified Federal law to establish in the Treasury the Department of Justice Telecommunications Carrier Compliance Fund, which shall be available to the Attorney General to make specified payments to telecommunications carriers, equipment manufacturers, and providers of telecommunications support services.
Section 111 -
Expresses the sense of the Congress that the Drug Enforcement Administration, together with other appropriate Federal agencies, should take necessary action to end the illegal importation into the United States of Rohypnol (flunitrazepam), a drug frequently distributed with the intent to facilitate sexual assault and rape.
Section 112 -
Amends the Victims of Crime Act of 1984 to authorize use of specified funds to make supplemental grants to U.S. Attorneys Offices to provide assistance to victims of the bombing of the Alfred P. Murrah Federal Building in Oklahoma City, to facilitate their observation or participation at related trial proceedings, and to pay other related expenses.
Section 113 -
Amends the Antiterrorism and Effective Death Penalty Act of 1996 with respect to the Secretary of the Treasury's mandated study of taggants marking, rendering inert, and licensing of explosive materials.
Repeals:
(1) the exclusion of black or smokeless powder from such study; and
(2) the requirement for congressional review of such study and congressional hearings on the Secretary's recommendations.
Shortens, from 270 to 90 days, the period before proposed regulations for the addition of tracer elements to explosive materials become effective (unless modified or disapproved by an Act of Congress).
Section 114 -
Revises standards for Federal criminal law enforcement applications to judges for multipoint wiretaps and procedures for interception of wire, oral, or electronic communications. Authorizes approval of such wiretaps where there is an adequate showing of intent to thwart interception or actions and conduct that would have that effect.
Section 115 -
Amends Federal criminal law to authorize interceptions of communications in cases of certain terrorism related offenses.
Title II - Department of Commerce and Related Agencies
Department of Commerce and Related Agencies Appropriations Act, 1997 - Makes FY 1997 appropriations to the Department of Commerce and related agencies, including the Office of the U.S. Trade Representative and the International Trade Commission. Sets forth requirements and limitations relating to use of such funds.
Rescinds specified amounts of unobligated balances for:
(1) construction of research facilities of the National Institute of Standards and Technology; and
(2) operations, research, and facilities of the National Oceanic and Atmospheric Administration (NOAA).
Section 206 -
Provides for transfer of appropriations to successor organizations in the event the Department of Commerce is dismantled or reorganized.
Section 208 -
Prohibits the use of any funds appropriated under this or any other Act henceforth to develop new fishery management plans, amendments, or regulations which create new individual fishing quota, individual transferable quota, or new individual transferable effort allocation programs, or to implement any such plans, amendments, or regulations approved by a Regional Fishery Management Council or the Secretary of Commerce after January 4, 1995, until offsetting fees to pay for administrative costs are expressly authorized under the Magnuson Fishery Conservation and Management Act. Makes such restriction inapplicable to the North Pacific halibut and sablefish, South Atlantic wreckfish, or the Mid-Atlantic surfclam and ocean (including mahogany) quahog individual quota programs.
Section 210 -
Establishes the Bureau of the Census Working Capital Fund to cover costs of maintenance and operation of services and projects that the Director of the Census Bureau determines may be performed more advantageously when centralized.
Title III - The Judiciary
Judiciary Appropriations Act, 1997 - Appropriates FY 1997 funds for activities of the Judiciary, including:
(1) the Supreme Court;
(2) the U.S. Court of Appeals for the Federal Circuit;
(3) the U.S. Court of International Trade;
(4) Courts of Appeals, district courts, and other judicial services;
(5) the Administrative Office of the United States Courts;
(6) the Federal Judicial Center;
(7) Judicial Retirement Funds; and
(8) the U.S. Sentencing Commission. Sets forth requirements and limitations relating to use of such funds.
Section 305 -
Extends the Judiciary Automation Fund and related authorities through FY 1998.
Section 306 -
Prohibits the use of funds available to the Judiciary for certain costs related to the appointment of Special Masters before April 26, 1996.
Section 307 -
Establishes a Commission on Structural Alternatives for the Federal Courts of Appeals, which shall report its recommendations to the President and the Congress. Authorizes appropriations.
Title IV - Department of State and Related Agencies
Department of State and Related Agencies Appropriations Act, 1997 - Appropriates FY 1997 funds for the Department of State and related agencies, programs, and trust funds (including the Arms Control and Disarmament Agency and the U.S. Information Agency). Sets forth requirements and limitations relating to use of such funds.
Provides specified funds for:
(1) broadcasting to Cuba;
(2) the Center for Cultural and Technical Interchange Between East and West, in Hawaii; and
(3) the North-South Center, in Florida.
Title V - Related Agencies
Appropriates FY 1997 funds for:
(1) the Maritime Administration of the Department of Transportation;
(2) the Commission for the Preservation of America's Heritage Abroad;
(3) the Commission on Civil Rights;
(4) the Commission on Immigration Reform;
(5) the Commission on Security and Cooperation in Europe;
(6) the Equal Employment Opportunity Commission;
(7) the Federal Communications Commission;
(8) the Federal Maritime Commission;
(9) the Federal Trade Commission;
(10) the Legal Services Corporation;
(11) the Marine Mammal Commission;
(12) National Bankruptcy Review Commission;
(13) the Securities and Exchange Commission;
(14) the Small Business Administration;
(15) the Gambling Impact Study Commission;
(16) the Japan-United States Friendship Commission;
(17) the State Justice Institute; and
(18) the Commission on the Advancement of Federal Law Enforcement. Continues certain requirements and restrictions with respect to use of funds by the Legal Services Corporation.
Title VI - General Provisions
Sets forth limitations and prohibitions on the use of funds appropriated by this Act.
Section 606 -
Prohibits the use of funds for the construction, repair, overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration (NOAA) in shipyards located outside of the United States.
Section 607 -
Expresses the sense of the Congress that equipment and products purchased under this Act should be American-made. Declares ineligible to receive any Federal contract or subcontract made with funds under this Act any person finally determined by a court or Federal agency to have intentionally affixed a false "Made in America" label to any product sold in or shipped to the United States that is not made in the United States.
Section 608 -
Prohibits the use of funds to implement, administer, or enforce any guidelines of the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known that such guidelines do not differ from certain proposed guidelines.
Section 609 -
Prohibits the use of funds from this Act, unless certain conditions are met, to pay for costs incurred for:
(1) opening or operating any U.S. diplomatic or consular post in the Socialist Republic of Vietnam that was not operating on July 11, 1995;
(2) expanding any such post that was in operation on such date; or
(3) increasing the number of personnel assigned to such posts above the level existing on such date.
Allows the use of such funds for such purposes only if the President certifies that the Vietnamese Government is fully cooperating with the United States in specified activities relating to the investigation and recovery of missing U.S. military personnel, including:
(1) resolution of discrepancy cases, live-sightings, and field activities;
(2) recovery and repatriation of American remains;
(3) provision of documents on POW-MIAs; and
(4) implementation of trilateral investigations with Laos.
Section 610 -
Prohibits the use of funds in this Act for any United Nations peacekeeping mission involving U.S. forces under the command or control of a foreign national, if the President's military advisors have not recommended that such involvement is in the U.S. national security interest, and the President has not submitted such a recommendation to the Congress.
Section 611 -
Prohibits the use of funds in this Act to provide specified amenities or personal comforts in the Federal prison system.
Section 614 -
Prohibits funds in this Act for the Federal Bureau of Prisons from being used to distribute or make available to a prisoner any commercially published information or material that is sexually explicit or features nudity.
Section 615 -
Limits the amount of State and local law enforcement assistance funds which may be provided to any entity under the Omnibus Crime Control and Safe Streets Act of 1968 if that entity does not provide a certain level of health insurance benefits to its employed public safety officers who retire or are separated from service due to injury suffered in the line of duty while responding to an emergency situation or a hot pursuit.
Section 616 -
Amends Federal patent law to shield a medical practitioner or related health care entity from liability for patent infringement even though such practitioner's performance of a medical activity constitutes a patent infringement.
Denies this exemption from liability to the activities of any person (or employee or agent), regardless of tax-exempt status, who is engaged in the commercial development, manufacture, sale, importation, or distribution of a machine, manufacture, or composition of matter or the provision of pharmacy or clinical laboratory services (other than those provided in a physician's office), if such activities:
(1) are directly related to such commercial development, and so forth; and
(2) are regulated under the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, or the Clinical Laboratories Improvement Act.
Section 617 -
Amends the Department of Justice Appropriation Authorization Act, Fiscal Year 1980 to repeal the mandate that Department of Justice organizations notify congressional committees before reprogramming funds or taking certain other administrative actions.
Section 618 -
Prohibits any Federal agency from using funds to pay administrative expenses or compensation of any Federal officer or employee to deny certain qualified applications for permits to import U.S. origin "curios or relics" firearms, parts, or ammunition.
Section 619 -
Authorizes the Secretary of Transportation to provide a guarantee or commitment to guarantee, under the Merchant Marine Act, 1936, for shipyard infrastructure development and modernization and for vessels integral to the reactivation and modernization of an eligible shipyard that receives such a guarantee.
Title VII - Rescissions
Rescinds specified amounts from unobligated balances under the following headings for the Department of Justice: (1) general administration, working capital fund; and (2) Immigration and Naturalization Service, Immigration Emergency Fund.
Title VIII - Fiscal Year 1996 Supplementals and Rescissions
Provides for specified additional funds for FY 1997, and rescissions of similar unobligated amounts for FY 1996, for the Department of Justice's Federal Prison System salaries and expenses.
Makes appropriations for programs, projects, or activities provided for in the following bills, as if they had been enacted into law:
(1) the Department of Defense Appropriations Act, 1997 (H.R. 3610), as passed by the Senate on July 18, 1996;
(2) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (H.R. 3540), as passed by the Senate on July 26, 1996; and
(3) the Department of the Interior and Related Agencies Appropriations Act, 1997, as provided in the Act that follows.
Department of the Interior and Related Agencies Appropriations Act, 1997 -
Title I (sic) - Department of the Interior
Makes appropriations for the FY 1997 operation of the Department of the Interior, setting forth uses and prohibitions on the use of funds under this title.
Names the Bureau of Land Management's Visitor Center in Rand, Oregon, the William B. Smullin Visitor Center. Prohibits the National Park Service from spending any funds under this Act for activities in direct response to the United Nations Biodiversity Initiative in the United States. Authorizes the National Park Service (NPS) to transfer NPS funds to State, local, and tribal governments, other public entities, educational institutions, and private nonprofit organizations to carry out NPS programs.
Provides certain funds for closure of the U.S. Bureau of Mines, including payments for workers compensation and unemployment compensation for former Bureau employees.
Section 114 -
Establishes in the Treasury a franchise fund pilot for capitalizing and operating central administrative services.
Section 115 -
Amends the Elwha River Ecosystem and Fisheries Restoration Act (Public Law 102-495) to allow the State of Washington, upon appropriation of a specified amount for the Federal Government to acquire the Elwha and Glines dams, and upon submission to Congress by the State of a binding agreement to remove them within a reasonable period of time, to purchase such dams from the Federal Government for $2. Repeals such Act upon purchase of the dams by the State.
Section 116 -
Extends, for one year, the Blackstone River Valley National Heritage Corridor Commission (Massachusetts and Rhode Island).
Section 117 -
Designates and ratifies assignment to the University of Utah as successor to, and beneficiary of, all the existing assets, revenues, funds and rights granted to the State of Utah under the Miners Hospital Grant and the School of Mines Grant. Directs the Secretary of the Interior to accept relinquishment of all remaining and unconveyed entitlement for quantity grants owed the State of Utah for the Miners Hospital Grant and any unconveyed entitlement that may remain for the University of Utah School of Mines Grant.
Section 118 -
Amends the Indian Self-Determination and Education Assistance Act to increase from 20 to 50 the number of new tribes per year which the Secretary of the Interior, acting through the Director of the Office of Self-Governance, may select from an applicant pool to participate in self-governance.
Section 119 -
Allows the Indian Arts and Crafts Board to carry out specified revenue-generating activities, including charging museum admission fees, if such revenue is covered into a designated special fund.
Section 120 -
Directs the Secretary of the Interior, acting through the Director of the Bureau of Land Management (BLM), to transfer: (1) to Lander County, Nevada, title to the former BLM administrative site and associated buildings in Battle Mountain, Nevada; and (2) to the State of Nevada, title to the surplus BLM District Office building in Winnemucca, Nevada.
Section 121 -
Directs the Secretary of the Interior to transfer a certain Grumman Goose aircraft to the Alaska Aviation Heritage Museum in Anchorage, Alaska.
Section 122 -
Amends the Mesquite Lands Act of 1988 to require the City of Mesquite, Nevada, to notify the Secretary of the Interior, within a specified period, as to which of specified public lands it wishes to purchase. Father Aull Site Transfer Act of 1996 - Directs the Secretary of the Interior to convey without consideration certain land near Silver City, New Mexico, to Saint Vincent DePaul Parish.
Section 125 -
Authorizes the Secretary of the Interior to use BLM appropriations to enter into cooperative agreements, directly or indirectly through State, local, or tribal governments, with willing private landowners for restoration and enhancement of fish, wildlife, and other biotic resources on public or private land or both that benefit these resources on public lands within the watershed.
Section 126 -
Designates the visitor center at Channel Islands National Park, California, the Robert J. Lagomarsino Visitor Center.
Title II - Related Agencies
Makes appropriations for FY 1997 to the Department of Agriculture for the Forest Service, including additional amounts for emergency rehabilitation, forest fire presuppression due to emergencies, and wildfire suppression activities.
Prohibits the use of funds to implement any reorganization or "reinvention" of the Forest Service, without the consent of the congressional appropriations committees, other than the relocation of a specified regional office from San Francisco to excess military property at Mare Island, Vallejo, California. Directs the Secretary of Agriculture to report to the congressional appropriations committees on the status and disposition of all salvage timber sales started under the emergency salvage timber sale program mandated by the Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-terrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995 and subsequently withdrawn or delayed and completed under different authorities as a consequence of the Secretary's July 2, 1996 directive on the implementation of the mandate.
Names the Pacific Northwest Research Station Silviculture Laboratory in Bend, Oregon, the Robert W. Chandler Building. Makes appropriations for FY 1997 to the Department of Energy (DOE) for fossil energy research and development, the Strategic Petroleum Reserve (SPR), the SPR Petroleum Account, and other activities.
Rescinds a specified amount of funds for clean coal technology, making them available for any ongoing DOE project.
Directs the Secretary of Energy to sell a specified dollar amount of oil in FY 1997 from the Strategic Petroleum Reserve (SPR) and deposit the proceeds in an SPR Operating Fund. Makes appropriations for FY 1997 to the Department of Health and Human Services for the Indian Health Service for services and facilities.
Appropriates funds for FY 1997 to:
(1) the Department of Education for the Office of Elementary and Secondary Education for Indian Education;
(2) the Office of Navajo and Hopi Relocation;
(3) the Institute of American Indian and Alaska Native Culture and Arts Development;
(4) the Smithsonian Institution;
(5) the National Gallery of Art;
(6) the John F. Kennedy Center for the Performing Arts; and
(7) the Woodrow Wilson International Center for Scholars. Makes FY 1997 appropriations for:
(1) the National Foundation on the Arts and the Humanities;
(2) the Institute of Museum Services;
(3) the Commission of Fine Arts;
(4) the Advisory Council on Historic Preservation;
(5) the National Capital Planning Commission;
(6) the Franklin Delano Roosevelt Memorial Commission; and
(7) the U.S. Holocaust Memorial Council. Sets forth uses and prohibitions on funds under this title.
Title III - General Provisions
Sets forth uses and limitations of funds appropriated by this Act.
Section 307 -
Requires expenditures under this Act to comply with the Buy American Act. Expresses the sense of the Congress that entities receiving Federal assistance should purchase only American-made equipment and products. Prohibits Federal contracts with persons found to have falsely labeled a product with a "Made in America" inscription.
Section 312 -
Permits the use of funds from this Act for the AmeriCorps program, subject to availability of funds under the VA-HUD and Independent Agencies FY 1997 appropriations bill, and only if the relevant agencies follow appropriate reprogramming guidelines.
Section 316 -
Places limitations on the type of grant awards that can be made by the National Endowment for the Arts.
Section 317 -
Prohibits the use of funds for any rules or regulations under the Alaska National Interest Lands Conservation Act to assert jurisdiction, management, or control over any waters (other than non-navigable waters on Federal lands), non-Federal lands, or lands selected by, but not conveyed to, Alaska under the Submerged Lands Act of 1953 or the Alaska Statehood Act of 1959, or an Alaska Native Corporation under the Alaska Native Claims Settlement Act.
Section 318 -
Prohibits the use of funds under this Act to review or modify sourcing areas previously approved under specified provisions of the Forest Resources Conservation and Shortage Relief Act of 1990 or to enforce or implement specified Federal regulations. Prohibits adoption of policies that would restrain domestic transportation or processing of timber from private lands or impose additional accountability requirements on any timber.
Section 319 -
Extends through FY 1999 the authority to collect recreation fees under the Recreation Fee Demonstration Program, and through FY 2002 the availability in accounts of the fees collected.
Section 320 -
Prohibits the use of funds under this Act for any activity in connection with a scenic shoreline drive in Pictured Rocks National Lakeshore, Michigan.
Section 321 -
Prohibits the Bureau of Indian Affairs from using funds under this Act to transfer any land into trust under the Indian Reorganization Act or any other Federal statute that does not explicitly denominate and identify a specific tribe or specific property, except where there is a binding agreement, between the tribe that will have jurisdiction over such land and the appropriate State and local officials, for the collection and payment of:
(1) State and local sales and excise taxes, including any special tax on motor fuel, tobacco, or alcohol, on retail items sold to a non-member of the tribe by any retail establishment on such land; or
(2) an agreed upon payment in lieu of such taxes.
Section 322 -
Transfers specified land, including the Bend Silviculture Lab, to the Central Oregon Community College, Bend, Oregon.
Section 323 -
Prohibits the use of any funds for activities of the Office of Forestry and Economic Assistance, or any successor office.
Section 324 -
Authorizes the Secretary of the Interior to: (1) accept title to specified land in Prince Georges County, Maryland, adjacent to Oxon Cove Park, on condition that it has not become contaminated with hazardous substances; and (2) in exchange, convey to the Corrections Corporation of America specified land located in Oxon Cove Park in the District of Columbia.
Section 325 -
Directs the Secretary of Agriculture to exchange certain National Forest lands (including a wastewater treatment facility) in Chelan County, Washington, for certain lands owned by Public Utility District Number 1 of Chelan County, Washington. Snoqualmie National Forest Boundary Adjustment Act of 1996 - Directs the Secretary of Agriculture to modify the boundary of the Snoqualmie National Forest to include specified adjacent lands in Washington State. Sugarbush Land Exchange Act of 1996 - Directs the Secretary of Agriculture to provide for conveyance to Sugarbush Resort Holdings, Inc., of certain land in the Green Mountain National Forest, in exchange for cash or other land, proceeds from the sale of which shall become part of such National Forest.
Section 328 -
Amends the North Carolina Wilderness Act of 1984 to remove 100 acres from the Snowbird Wilderness Study Area.
Section 329 -
Renames the Columbia Wilderness the Mark O. Hatfield Wilderness.
Section 330 -
Authorizes the Secretaries of Agriculture and of the Interior for FY 1997 to limit competition for watershed restoration project contracts as part of the "Jobs in the Woods" component of the President's Forest Plan for the Pacific Northwest to individuals and entities in historically timber-dependent areas of Washington, Oregon, and northern California that have been affected by reduced timber harvesting on Federal lands.
Section 331 -
Amends the Rhode Island Indian Claims Settlement Act to declare that, for purposes of the Indian Gaming Regulatory Act, settlement lands shall not be treated as Indian lands.
Section 332 -
Prohibits the Secretary of the Interior during FY 1997 from expending any funds to develop, promulgate, implement, or enforce any regulation or procedure providing for the establishment of class III gaming (as defined under the Indian Gaming Regulatory Act) in the absence of a tribal-State compact.
Title IV - Emergency Appropriations
Makes additional appropriations for specified functions and activities of the Department of Agriculture and of the Department of the Interior. Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1997 -
Title I (sic) - Department of Labor
Department of Labor Appropriations Act, 1997 - Makes appropriations for FY 1997 (including certain transfers of funds) for agencies, programs, and various trust funds, within the Department of Labor. Prescribes uses and limitations on the use of funds under this title.
Section 105 -
Amends the Fair Labor Standards Act of 1938 to exempt inmates from minimum wage and overtime requirements.
Title II - Department of Health and Human Services
Department of Health and Human Services Appropriations Act, 1997 - Makes appropriations for FY 1997 (including certain transfers of funds) for agencies and programs within the Department of Health and Human Services. Prescribes limitations on the use of appropriated funds under this title.
Section 213 -
Authorizes the Secretary of Health and Human Services (HHS) to provide for the relocation of the Gillis W. Long Hansen's Disease Center (located in Louisiana) and its patients, in accordance with specified requirements. Amends the Public Health Service Act with respect to such Center.
Section 216 -
Directs the Administrator of the Health Care Financing Administration, with the assistance of the Agency for Health Care Policy Research, to report to the appropriate congressional committees a review of research on treatment of end-stage emphysema and chronic obstructive pulmonary disease by specified surgical procedures, and recommend as to the appropriateness of Medicare coverage of such conditions and procedures.
Section 217 -
Amends the Family Violence Prevention and Services Act to increase the maximum allowable State grant allotment.
Section 218 -
Names the new clinical research center at the National Institutes of Health (NIH) as the Mark O. Hatfield Clinical Research and Patient Care Center.
Title III - Department of Education
Department of Education Appropriations Act, 1997 - Makes appropriations for FY 1997 (including certain transfers of funds) for agencies and programs within the Department of Education, subject to certain requirements for and limitations of their use.
Section 301 -
Prohibits the use of appropriated funds to transport teachers or students in order to: (1) overcome racial imbalance in any school or school system; or (2) carry out a racial desegregation plan.
Section 303 -
Prohibits the use of funds to prevent the implementation of programs of voluntary prayer and meditation in the public schools.
Section 304 -
Limits the amount of funds which may be used for specified student aid programs under the Higher Education Act of 1965 (HEA). Prohibits the Secretary of Education from using HEA funds for subsequent fiscal years for administrative expenses of the William D. Ford Direct Loan Program.
Section 307 -
Amends the Elementary and Secondary Education Act of 1965 with respect to additional assistance for heavily impacted local educational agencies (LEAs) to allow LEAs to participate in the determination of maximum impact aid payments.
Section 308 -
Amends HEA with respect to the Quality Assurance Program to require experimental sites authorized by the Secretary of Education to test alternative data verification.
Section 309 -
Amends the Goals 2000: Educate America Act to provide for use of State allotments to award subgrants to LEAs to support the use of computers and computer-related technology, the use of technology-enhanced curricula and instruction, the purchase of computers, or computer-related technology.
Title IV - Related Agencies
Makes appropriations for FY 1997 for the following agencies or programs:
(1) Armed Forces Retirement Home;
(2) Corporation for National and Community Service (for domestic volunteer service programs);
(3) Corporation for Public Broadcasting;
(4) Federal Mediation and Conciliation Service;
(5) Federal Mine Safety and Health Review Commission;
(6) National Commission on Libraries and Information Science;
(7) National Council on Disability;
(8) National Education Goals Panel;
(9) National Labor Relations Board;
(10) National Mediation Board;
(11) Occupational Safety and Health Review Commission;
(12) Physician Payment Review Commission;
(13) Prospective Payment Assessment Commission;
(14) Social Security Administration, for various trust funds and programs;
(15) Railroad Retirement Board; and
(16) United States Institute of Peace.
Title V - General Provisions
Sets forth requirements and limitations on the use of appropriated funds under this Act.
Section 505 -
Prohibits the use of funds to carry out any program of distributing sterile needles for the hypodermic injection of any illegal drug unless the Surgeon General Secretary of Health and Human Services (HHS) determines that such programs are effective in preventing the spread of HIV and do not encourage the use of illegal drugs.
Section 506 -
Expresses the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased under this Act should be American-made.
Section 508 -
Prohibits the use of funds to perform abortions except to save the life of the mother or where the pregnancy is the result of rape or incest.
Section 510 -
Prohibits use of funds in this Act for the expenses of an electronic benefit transfer (EBT) task force.
Section 511 -
Prohibits use of funds in this Act to enforce specified requirements under HEA with respect to any lender that has a guaranteed student loan portfolio less than $5 million.
Section 512 -
Prohibits use of funds in this Act for: (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under certain Federal regulations and the Public Health Service Act.
Section 513 -
Prohibits the National Labor Relations Board from using funds in this Act to assert jurisdiction over any labor dispute which does not involve any class or category of employer over which the Board would assert jurisdiction under the standards prevailing on August 1, 1959, with each financial threshold amount adjusted for inflation in a specified manner.
Section 524 -
Permanently cancels a specified amount of the budgetary resources available to agencies (except the Food and Drug Administration and the Indian Health Service) in this Act for salaries and expenses, such cancelled amount to be allocated by the Office of Management and Budget.
Section 525 -
Provides for voluntary separation incentives for employees of the Railroad Retirement Board and its Office of Inspector General.
Title VI - Commission on Retirement Income Policy
Commission on Retirement Income Policy Act of 1996 - Establishes the Commission on Retirement Income Policy to study and report to the President and Congress on: (1) trends in retirement savings in the United States; (2) existing Federal incentives and programs to encourage and protect such savings; and (3) new Federal incentives and programs needed for such purpose. Authorizes appropriations. Treasury, Postal Service and General Government Appropriations Act, 1997 -
Title I (sic) - Department of the Treasury
Treasury Department Appropriations Act, 1997 - Makes appropriations to the Department of the Treasury and its related agencies for FY 1997.
Section 118 -
Amends the Federal criminal code, with respect to licensing and related gun show sales requirements for firearms importers, manufacturers, and dealers, to declare that nothing in such requirements shall be construed to diminish the right of a licensee to conduct "curios or relics" firearms transfers and business away from its business premises with another licensee without regard to whether the place where the business is conducted is located in the State specified on the license of either licensee.
Title II - Postal Service
Makes appropriations to the Postal Service Fund for FY 1997.
Title III - Executive Office of the President and Funds Appropriated to the President
Executive Office Appropriations Act, 1997 - Makes appropriations for FY 1997 for the Executive Office of the President and related offices and programs.
Title IV - Independent Agencies
Independent Agencies Appropriations Act, 1997 - Makes appropriations for FY 1997 for:
(1) the Committee for Purchase from People who are Blind or Severely Disabled;
(2) the Federal Election Commission;
(3) the Federal Labor Relations Authority;
(4) the General Services Administration;
(5) the John F. Kennedy Assassination Records Review Board;
(6) the Merit Systems Protection Board;
(7) the National Archives and Records Administration;
(8) the National Historical Publications and Records Commission;
(9) the Office of Government Ethics;
(10) the Office of Personnel Management (OPM);
(11) the Office of Inspector General;
(12) the Office of Special Counsel; and
(13) the United States Tax Court. Specifies uses of funds provided to the General Services Administration.
Section 407 -
Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to establish, acquire space for, and equip flexiplace work telecommuting centers, and charge fees, for use by employees of Federal agencies, State and local governments, and the private sector.
Section 408 -
Directs the Administrator of General Services to acquire certain land in Portland, Oregon, for construction of a proposed Law Enforcement Center on the site.
Section 409 -
Amends specified Federal law to mandate conveyance of certain real property at the Iowa Army Ammunition Plant to the City of Middleton, Iowa. Repeals the requirement that the City pay fair market value for such property. Requires the Secretary of the Army to permit the City to use existing water and sewer lines and sewage system at the Plant for a three-year period after conveyance.
Section 410 -
Directs the Administrator of General Services to convey, without compensation, to the Beaver County Corporation for Economic Development certain real property in Hopewell Township, Pennsylvania.
Section 411 -
Declares that certain land in Denver, Colorado, shall not be subject to condemnation by any Federal agency or instrumentality without the owner's consent. Makes appropriations for FY 1997, also, for: (1) specified Government contributions, with respect to retired Federal employees, as payments for annuitants, employee health benefits and life insurance; and (2) the Civil Service Retirement and Disability Fund.
Title V - General Provisions (This Act)
Sets forth certain prohibitions and limitations on the use of appropriations made under this Act.
Section 503 -
Amends Federal law to repeal the requirement that each mint have a superintendent and an assayer, and the Philadelphia mint have an engraver, appointed by the President, by and with the advice and consent of the Senate.
Section 512 -
Requires entities appropriated funds under this Act to comply with the Buy American Act. Expresses the sense of the Congress to such effect.
Section 518 -
Prohibits the availability of funds under this Act to pay for an abortion or expenses in connection with any health plan under the Federal employees health benefit program which provides any benefits or coverage for abortions, except where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of rape or incest.
Section 521 -
Considers Personal Service Contractors (PSC) employed by the Department of the Treasury outside the United States to be Federal employees for purposes of Federal employee health and life insurance.
Section 523 -
Amends Federal law to allow for the minting of 24 karat gold coins and of platinum coins.
Section 525 -
Directs the heads of the Internal Revenue Service, of the Bureau of Alcohol, Tobacco, and Firearms, and of the U.S. Customs Service to submit to specified congressional committees their respective strategic plans for making voluntary separation incentive ("buyout") payments, meeting specified requirements, to eligible employees. Requires reduction of an agency's total number of funded employee positions by the number of employees separating and receiving such payments.
Section 526 -
Requires the Secretary of the Treasury to pay up to $500,000 to reimburse former employees of the White House Travel Office, terminated on May 19, 1993, for attorney fees and related costs (except those incurred with respect to any Congressional hearing or investigation).
Section 527 -
Prohibits use of funds in this Act by the Executive Office of the President to request from the Federal Bureau of Investigation (FBI) any official background investigation report on any individual without the individual's express written consent.
Section 528 -
Closes to the public a specified alley in Washington, D.C., on which the Federal Government is constructing a facility. Grants the Administrator of General Services administrative jurisdiction over, and title on behalf of the United States to, the alley, facility, and related property.
Section 529 -
Amends Federal law to authorize the Secretary, beginning January 1, 1999, to mint and issue commemorative coins in no more than two commemorative coin programs per calendar year. Specifies mintage levels and conditions on payment of surcharges to recipient organizations. Requires quarterly financial reports to the Congress on commemorative coin programs. Sets a fixed four-year term for members of the Citizens Commemorative Coin Advisory Committee, and provides for election of a Chairperson.
Title VI - General Provisions (Departments, Agencies, and Corporations)
Sets forth certain requirements for and prohibitions and limitations on the use of appropriations by all Federal departments, agencies, and corporations.
Section 624 -
Prohibits use of funds in this Act for certain types of employee training, including those containing elements: (1) inducing high emotional or psychological stress; (2) associated with religious, quasi-religious, or "new age" belief systems; (3) offensive to, or designed to change, participants' personal values or lifestyle; or (4) related to human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS) other than that necessary for specified purposes.
Section 627 -
Amends the Federal Financial Management Act of 1994 (title IV of the Government Management Reform Act of 1994, Public Law 103-356) to extend through FY 2001 the franchise fund pilot program.
Section 632 -
Designates a specified U.S. Courthouse under construction in Portland, Oregon, as the Mark O. Hatfield United States Courthouse.
Section 633 -
Amends Federal civil service law for the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) to mandate survivor annuity resumption, as well as resumption of Federal employees health benefits, upon divorce for a disabled child whose annuity and Federal health benefits had terminated because of marriage.
Section 634 -
Amends Federal civil service law for CSRS and FERS to allow a Federal employee involuntarily terminated due to a reduction in force or transfer of function to apply unused annual leave to remain on the agency's rolls after the would-be separation date if, and only to the extent that, such additional time in pay status will enable the employee to meet minimum age and service requirements for title to an immediate annuity, or to qualify to carry health benefits coverage into retirement.
Section 635 -
Amends the Federal criminal code to specify that certain post-employment restrictions for senior officials do not apply to Federal officers and employees whose basic rate of compensation is below level 5 of the Senior Executive Service.
Section 636 -
Provides for Federal agency reimbursement to Federal law enforcement officers and Federal supervisors or management officials for up to half the costs they incur for professional liability insurance. Applies such reimbursement authority to the Legislative Branch, including any office or committee of the Senate or the House of Representatives, as well as to the Executive Branch.
Section 639 -
Amends the Treasury, Postal Service and General Government Appropriations Act, 1996 to authorize all Federal agencies to receive and use funds resulting from the sale of Federal records disposed of pursuant to a record schedule (the Federal Register) which are subsequently recovered through recycling or waste prevention programs.
Section 640 -
Authorizes Federal agency heads to use private sector to review and analyze the contracting out, outsourcing or privatization of business and administrative functions and related issues subject to the Information Technology Management Act (title LI of the National Defense Authorization Act for FY 1996).
Section 641 -
Amends the Whistleblower Protection Act of 1989 to authorize appropriations for their FY 1998 through 2002 activities under such Act to the Merit Systems Protection Board and the Office of Special Counsel.
Section 643 -
Amends the Treasury, Postal Service and General Government Appropriations Act, 1996 with respect to co-chairs, the meeting quorum, donations to, and travel allowances of the National Commission on Restructuring the Internal Revenue Service.
Section 644 -
Amends Federal law to increase from $10,000 to $30,000 the annual salary of each Governor on the U.S. Postal Service Board of Governors.
Section 645 -
Requires the Director of the Office of Management and Budget (OMB) to report to the Congress estimates of the total annual costs and benefits of Federal regulatory programs, together with:
(1) an analysis of the impact of Federal rules on the private sector as well as on Federal, State, and local governments;
(2) cost-benefit estimates for each rule likely to have a gross annual effect on the economy of $100 million or more in increased costs; and
(3) recommendations to reform or eliminate any Federal regulatory program or program element that is inefficient, ineffective, or not a sound use of national resources.
Section 646 -
Amends the Federal Financial Management Act of 1994 to extend the authority of the OMB Director with respect to simplification of the management reporting process.
Section 647 -
Directs the Secretary of Health and Human Services to transfer to the University of Miami, without charge, title to the real property and improvements that constitute the Perrine Primate Center.
Section 648 -
Amends the Federal criminal code to upgrade counterfeiting offenses from a class C to a class B felony, thus increasing penalties. Prescribes criminal penalties for the production, sale, transportation, or possession of fictitious financial instruments (including fictitious obligations) purporting to be those of State or local governments or of private organizations.
Section 649 -
Prohibits the use of funds under this Act by a Federal agency to provide a Federal employee's home address to any labor organization without the employee's consent or a court order.
Section 650 -
Requires the Inspector General of each Federal agency to audit and report on the use of administratively uncontrollable overtime by employees. Directs the Office of Personnel Management (OPM) to issue revised guidelines to limit or, in specified circumstances, prohibit the use of administratively uncontrollable overtime.
Section 651 -
Authorizes a Federal agency head to pay up to $10,000 in a death gratuity to the personal representative of a civilian employee whose death resulted from an injury sustained on the job on or after August 2, 1990.
Section 653 -
Authorizes the Secretary of the Treasury to : (1) establish scientific certification standards for explosives detection canines; (2) provide for certification of explosives detection canines employed by Federal agencies; and (3) establish a program for the training of canines for explosives detection at U.S. airports. Authorizes appropriations.
Section 654 -
Amends the Federal criminal code to authorize the Secretary of the Treasury to establish a national repository of information on incidents involving arson and the suspected criminal use of explosives. Authorizes appropriations.
Section 655 -
Amends Federal law to allow a Trustee of the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation to serve past expiration of his or her term until a successor is chosen.
Section 656 -
Authorizes the Secretary of the Interior, through the Bureau of Indian Affairs, to transfer directly to Indian tribes in North and South Dakota portable housing units at the Grand Forks Air Force base in North Dakota which the Department of Defense has declared excess.
Section 657 -
Amends the Federal criminal code to limit to firearms that have moved in or otherwise affect interstate or foreign commerce the existing prohibition against the possession or discharge of firearms in a school zone.
Section 658 -
Amends the Federal criminal code to make it unlawful to sell firearms to anyone who has been convicted in any court of any crime involving domestic violence, if the individual has been represented by counsel or knowingly and intelligently waived the right to counsel.
Makes it unlawful for such persons to engage in the trafficking of firearms.
Authorizes the Secretary of the Treasury to prescribe regulations providing for the effective receipt and secure storage of firearms relinquished by such persons.
Section 659 -
Title I (sic) - Additional Investment Funds for the Thrift Saving Plan
Thrift Savings Investment Funds Act of 1996 - Amends Federal civil service law to add two new funds, the International Stock Index Investment Fund and the Small Capitalization Stock Index Fund, to the Thrift Savings Plan (TSP) under the Federal Employees Retirement System.
Title II - Thrift Savings Accounts Liquidity
Thrift Savings Plan Act of 1996 - Increases withdrawal options for TSP participants upon separation from employment.
Eliminates the purpose requirements for taking a TSP loan.
Requires an employee or member, before a loan is issued, to be given appropriate information in writing about the cost of the loan relative to other sources of financing, as well as the lifetime cost of the loan, including the difference in interest rates between the funds offered by the Thrift Savings Fund, and any other effect of such loan on the employee's or member's final account balance before a loan is issued.
Permits a TSP participant, before separation, to make a one-time withdrawal from the account upon:
(1) attaining age 59 and one-half; or
(2) financial hardship.
Revises provisions concerning notification of an employee's or Member's spouse upon making or changing a withdrawal election.
Eliminates the definition of basic pay with respect to the TSP.
Section 660 -
Authorizes interagency financing to carry out the purposes of the National Bioethics Advisory Commission.
Section 661 -
Designates the U.S. courthouse to be constructed at a specified site in Omaha, Nebraska, the Roman L. Hruska United States Courthouse.
Title VII (sic) - Counter-terrorism and Drug Law Enforcement
Treasury, Postal Service and General Government Appropriations Act, 1997 (sic) - Makes additional FY 1997 appropriations to the Department of the Treasury and to the President for:
(1) the Office of Foreign Assets Control;
(2) the Bureau of Alcohol, Tobacco and Firearms;
(3) the U.S. Customs Service; and
(4) Federal drug control programs.
Makes additional FY 1996 appropriations to the Department of Defense for programs, projects, and activities relating to force protection, anti-terrorism, and security enhancement activities.
Makes additional FY 1996 appropriations for programs, projects, and activities relating to emergency supplemental costs arising from Hurricanes Fran and Hortense and other disasters to:
(1) the Department of Agriculture;
(2) the Department of Commerce;
(3) the Small Business Administration;
(4) the Department of Defense-Civil, Department of the Army;
(5) the Department of Health and Human Services;
(6) the Department of Transportation; and
(7) the Federal Emergency Management Agency. Makes additional FY 1997 appropriations for specified programs, projects, and activities to:
(1) the Department of Energy;
(2) the Department of Transportation;
(3) the National Transportation Safety Board; and
(4) the District of Columbia Financial Responsibility and Management Assistance Authority (for education facilities).
Makes specified rescissions in the Department of Transportation.
Section 104 -
Authorizes the Administrator of the Federal Aviation Administration to establish at individual airports consortia of government and aviation industry representatives (which, however, shall not be considered Federal advisory bodies) to provide advice on aviation safety and security.
Section 106 -
Specifies funds for direct loans to the Alameda Corridor Transportation Authority to continue the Alameda Corridor Project.
Section 107 -
Makes additional funds available to the Secretary of Transportation for grants for Amtrak operating losses and related expenses and for the Northeast Corridor Improvement Program.
Section 108 -
Permits the use of FY 1996 and 1997 Federal Highway Administration Emergency Relief funds to halt erosion caused by an emergency ocean condition to a bank protecting a scenic highway or byway, and stabilize the bank, if such action is necessary to protect the highway from imminent failure and is less expensive than highway relocation.
Section 109 -
Establishes in the Treasury an account, "Support for International Sporting Competitions and other Special Activities, Defense,"" for logistical and security support for international sporting competitions and other special events of national and international significance.
Section 110 -
Amends the National Defense Authorization Act for Fiscal Year 1997 to make effective as of the date of enactment of such Act the designation of the Chief of Naval Research at a minimum rank of rear admiral (upper half).
Title II (sic) - Oregon Resource Conservation Act of 1996
Oregon Resource Conservation Act of 1996 -
Title I (sic) - Opal Creek Wilderness and Scenic Recreation Area
Opal Creek Wilderness and Opal Creek Scenic Recreation Area Act of 1996 - Provides that on the determination of the Secretary of Agriculture that certain parcels of land have been donated to the United States without encumbrances and that a binding agreement between the Secretary and owners of specified interests for the disposition of such interests to the Government has been executed:
(1) certain land in the Willamette National Forest in Oregon shall be designated as the Opal Creek Wilderness (OCW);
(2) the part of the Bull of the Woods Wilderness located within the Forest shall be incorporated into the OCW; and
(3) the Secretary shall establish the Opal Creek Scenic Recreation Area within the Forest. Requires lands or interests conveyed to the United States to become part of the OCW or the Opal Creek Scenic Recreation Area, as appropriate.
Section 105 -
Requires, with respect to such Area, the Secretary to:
(1) prepare a comprehensive Opal Creek Management Plan which shall become part of the land and resource management plan for the Forest;
(2) permit recreation activities at no less than the levels in existence upon enactment of this Act;
(3) prepare a transportation plan to maintain reasonable motorized and other access to recreation sites and facilities, including access by persons with disabilities (otherwise prohibits motorized vehicles in the Area);
(4) permit hunting and fishing, with limitations;
(5) prohibit the cutting or selling of trees, with specified exceptions; and
(6) review and revise the inventory of cultural and historic resources on the public land in the Area. Withdraws Area lands from operations under the public land laws, mining laws, and mineral and geothermal leasing laws.
Specifies exceptions applicable with respect to the Bornite Project. Places restrictions on new water impoundments in the Area. Directs the Secretary to establish an advisory council for the Area and to consult with the Council and seek the views of private groups, individuals, the public, other government agencies, and nonprofit organizations regarding the Area.
Section 107 -
Provides for the acquisition of lands within the Area. Authorizes the Secretary to conduct any necessary environmental response actions within the Area.
Section 108 -
Provides for an equal-value land exchange between the Rosboro Lumber Company and the Government. Authorizes appropriations.
Section 109 -
Amends the Wild and Scenic Recreation Rivers Act to designate Elkhorn Creek as a wild and scenic river.
Section 109 -
Requires the Secretary, upon completion of a management plan and receipt of an economic development projects plan developed by the State of Oregon, to provide $15 million to Oregon to make grants and loans for such projects that benefit the local communities in the vicinity of the Area. Requires the State to report annually on the use of such funds.
Title II - Upper Klamath Basin
Directs the Upper Klamath Basin Working Group, through the Klamath Basin Ecosystem Restoration Office, to propose ecological restoration projects, economic development and stability projects, and projects designed to reduce the impacts of drought conditions to be undertaken in the Upper Klamath Basin in Oregon based on a consensus of the Working Group membership.
Requires the Secretary to pay up to 50 percent of the cost of such projects during FY 1997 through 2001 (with a $1 million annual limit).
Requires the Secretary to formulate a cooperative agreement among the Working Group, the Klamath River Basin Fisheries Task Force, the Trinity River Restoration Task Force, and the Klamath River Basin Compact Commission to ensure that projects proposed and funded through the Group are consistent with other basin-wide fish and wildlife restoration and conservation plans.
Authorizes appropriations.
Title III - Deschutes Basin
Directs the Deschutes River Basin Working Group to propose ecological restoration projects on Federal and non-Federal lands and waters to be undertaken in the Deschutes River Basin based on a consensus of the Working Group membership, provided that such projects, when involving Federal land or funds, shall be proposed to the Bureau of Reclamation (BOR) in the Department of the Interior and other Federal agencies with affected land or funds.
Requires BOR to pay up to 50 percent of the cost of such projects during FY 1997 through 2001 (with a $1 million annual limit).
Authorizes appropriations.
Title IV - Mount Hood Corridor
Provides for an equal-value land exchange between Longview Fibre Company and the Secretary of the Interior. Requires:
(1) all lands managed by the Department of the Interior, Bureau of Land Management (BLM), in the Mount Hood Corridor which can be seen from U.S. Highway 26 to be managed primarily for the protection or enhancement of scenic qualities; and
(2) management prescriptions for other resource values associated with these lands to be planned and conducted for purposes other than timber harvest, so as not to impair scenic qualities in the Corridor. Allows timber cutting in the Corridor after a resource-damaging catastrophic event only for specified management objectives.
Requires Forest Service Road 2503 to remain closed, except for limited uses, to protect resources and to prevent illegal dumping and vandalism in the Corridor. Exempts this title from the National Environmental Policy Act of 1969 for one year.
Authorizes appropriations.
Title V - Coquille Tribal Forest
Amends the Coquille Restoration Act to direct the Secretary of the Interior, two years after enactment of this title, to take approximately 5,400 acres in Coos County, Oregon, into trust for the Coquille Tribe. Designates such lands as the Coquille Forest. Provides for management of such lands by BLM in the interim two years.
Directs:
(1) the Assistant Secretary for Indian Affairs to initiate development of a forest management plan; and
(2) Secretary toassist in the transition of forest management operations to the Assistant Secretary. Requires the Secretary to:
(1) manage the Forest, acting through the Assistant Secretary for Indian Affairs, under applicable State and Federal forestry and environmental protection laws, subject to critical habitat designations under the Endangered Species Act and to the standards and guidelines of Federal forest plans on adjacent or nearby Federal lands, and in accordance with laws pertaining to the management of Indian Trust lands; and
(2) distribute revenues in accordance with existing Federal law.
Subjects unprocessed logs harvested from the Forest to the same Federal statutory restrictions on export to foreign nations that apply to unprocessed logs harvested from Federal lands.
Requires all sales of timber from land subject to this title to be advertised, offered, and awarded according to competitive bidding practices, with sales being awarded to the highest responsible bidder.
Allows the Secretary, upon a satisfactory showing of management competence, to enter into a binding Indian self-determination agreement with the Tribe which provides for the Tribe to carry out all or a portion of the forest management for the Forest. Conditions the agreement on the:
(1) Tribe entering into a binding Memorandum of Agreement (MOA) with Oregon relating to the establishment and management of the Forest; and
(2) Secretary's authority to rescind the agreement without encumbrances.
Requires the Forest to remain open to public access for purposes of hunting, fishing, recreation, and transportation, except when closed by Federal or State law or when the Tribe and the State of Oregon agree in writing that restrictions on access are necessary or appropriate to prevent harm to natural resources, cultural resources, or environmental quality.
Vests jurisdiction in the United States District Court for the District of Oregon over actions:
(1) against the Secretary arising out of claims that this title has been violated; and
(2) between Oregon and the Tribe arising out of claims of breach of the MOA. Prohibits suits against the Secretary for claims that the MOA has been violated.
Limits remedies available under this title to equitable relief and excludes damages.
Specifies exclusive regulatory civil jurisdiction vested in the States of Oregon.
Title VI - Bull Run Watershed Protection
Requires the Secretary of Agriculture to prohibit timber cutting within the hydrographic boundary of the Bull Run River Drainage, including certain lands within the unit and located below the headworks of Portland, Oregon's water storage and delivery project, except for the:
(1) protection or enhancement of water quality in the area;
(2) protection, enhancement, or maintenance of water quantity available from the area;
(3) construction, expansion, protection, or maintenance of municipal water supply facilities; or
(4) construction, expansion, protection, or maintenance of facilities for the transmission of energy through and over the unit or previously authorized hydroelectric projects associated with such facilities.
Prohibits the Secretary from authorizing a salvage sale in the Area.
Section 605 -
Requires the Secretary of Agriculture to study and report to specified congressional committees on that part of the Little Sandy Watershed that is within the Bull Run Management Unit (study area) to determine:
(1) the impact of management activities within the study area on the quality of drinking water provided to the Portland metropolitan area;
(2) the identity and location of certain ecological features within the study area; and
(3) the location and extent of any significant cultural or other values within the study area.
Prohibits the Secretary from advertising, offering, or awarding any timber sale within the study area for a two-year period after the enactment of this title.
Section 606 -
Provides that lands within the Bull Run Management Unit but not contained within the Bull Run River Drainage shall continue to be managed in accordance with existing Federal law.
Title VII - Oregon Islands Wilderness, Additions
Designates as wilderness:
(1) certain lands within the boundaries of the Oregon Islands National Wildlife Refuge, Oregon; and
(2) all other federally owned rocks, reefs, islets, and islands lying within three geographic miles off the Oregon coast and above mean high tide and also within the Refuge boundaries under the administration of the U.S. Fish and Wildlife Service or presently under the jurisdiction of BLM. Makes permanent Public land Order 6287 which withdrew certain rocks, reefs, islets, and islands lying within three geographical miles off the coast of Oregon and above mean high tide as an addition to the Oregon Islands National Wildlife Refuge.
Title VIII - Umpqua River Land Exchange Study
Directs the Secretaries of the Interior and Agriculture to:
(1) consult, coordinate, and cooperate with the Umpqua Land Exchange Project (ULEP), affected units of State and local agencies, and, as appropriate, the World Forestry Center and National Fish and Wildlife Foundation to assist ULEP's ongoing efforts in studying and analyzing land exchange opportunities in the Umpqua River basin and to provide assistance and information to such entities; and
(2) report thereon to specified congressional committees.
Lists priority matters for specific study by the Secretaries, including identifying:
(1) areas where consolidation of land ownership could promote long-term species protection;
(2) areas where land exchanges might be utilized to better satisfy sustainable timber harvest goals; and
(3) options to insure that post-exchange revenues will approximate pre-exchange revenues.
Section 803 -
Authorizes appropriations.
Title III (sic) - Local Empowerment and Flexibility Pilot Act of 1996
Local Empowerment and Flexibility Pilot Act of 1996 - Lists the purposes of this Act, including to:
(1) improve the delivery of services to the public;
(2) promote State, local, and tribal governments and private, nonprofit organizations to identify goals to improve their communities and the lives of their citizens; and
(3) enable eligible applicants to adapt programs of Federal financial assistance to the particular needs of their communities by integrating programs and program funds across existing similar Federal financial assistance programs.
Section 305 -
Creates a Community Empowerment Board composed of specified Cabinet Secretaries and agency heads.
Requires the Board, among other things, to:
(1) select six States to participate; and
(2) receive, review, and approve or disapprove flexibility plans.
Defines a "flexibility plan" as a comprehensive plan for the coordination and administration by an eligible applicant of financial assistance provided by the Federal Government under two or more eligible Federal financial assistance programs that includes funds from Federal, State, local, or tribal government or private sources to address the service needs of a community.
Requires that the Director of the Office of Management and Budget (OMB), in consultation with the Board, coordinate and assist in creating:
(1) a uniform Federal financial assistance application;
(2) a release form to facilitate the sharing of information across Federal financial assistance programs; and
(3) a system wherein an organization or consortium of organizations may use one proposal to apply for assistance.
Section 306 -
Authorizes an applicant to apply to the Board for approval of a flexibility plan which must meet specified requirements, including that the application be submitted to, and contain all comments on the proposed plan made by, each affected State and local government. Provides for the submission of an application to the Board without such comments if, within 60 days of submission of the plan to an affected government, such government has failed to act on or endorse the application.
Section 307 -
Sets forth the following limitations:
(1) authorizes the Board to approve no more than 30 plans; and
(2) allows State applicants to submit only three approved plans.
Prohibits the Board from approving any plan that includes funds under a Federal financial assistance program to support tuition vouchers for children attending private schools or otherwise pay their cost of attending such schools.
Authorizes affected Federal agencies to waive any requirement under a Federal financial assistance program if the waiver is:
(1) necessary to implement a plan;
(2) not disapproved by the Board; and
(3) necessary to effectively achieve the purposes of this Act by adhering to conditions for approval of a flexibility plan, and review and approval of flexibility plans and waiver requests.
Section 309 -
Requires an approved applicant to monitor the effectiveness of its plan and report on it to the Board. Mandates a final report to the Board. Requires the:
(1) Board to report to the President and the Congress on the Federal laws or regulations most frequently waived, with the President reviewing the report and identifying those statutory and regulatory requirements that the President determines should be amended or repealed; and
(2) OMB Director to report on its progress in achieving certain functions outlined under this Act requiring coordination and assistance with Federal agencies.
Requires the General Accounting Office to:
(1) evaluate the effectiveness of Federal financial assistance programs included in flexibility plans approved pursuant to this Act;
(2) establish and maintain a program for the ongoing collection of data and analysis of each such program included in an approved flexibility plan; and
(3) submit a report to the Congress and the President. Mandates a specified report by the Advisory Commission on Intergovernmental Relations to the Congress and the President. Repeals this Act on January 1, 2005.
Requires all Federal agencies to develop a consistent policy that stipulates that the date of the U.S. postmark shall be deemed to be the date of delivery for any Federal contract, grant, assistance application, or other document which is required to be filed by a certain date and is delivered late by U.S. mail.
Division 2: Economic Growth and Regulatory Paperwork Reduction - Economic Growth and Regulatory Paperwork Reduction Act of 1996 -
Title I (sic) - Streamlining the Home Mortgage Lending Process
Sets a deadline by which the Board of Governors of the Federal Reserve System (the Board) and the Secretary of Housing and Urban Development (HUD) must take action under Real Estate Settlement Procedures Act of 1974 (RESPA) and the Truth in Lending Act (TILA) to simplify and provide a single format for credit transaction disclosures.
Section 102 -
Amends RESPA to transfer from HUD to the Board all rulemaking authority under such Act except with respect to the prohibitions against referrals, kickbacks, and unearned fees, and against direct purchases of title insurance.
Section 103 -
Amends TILA to authorize the Board to exempt those transactions from TILA disclosure requirements which the Board determines: (1) are not necessary to effectuate its purposes; or (2) do not provide a measurable benefit in the form of useful information or consumer protection. Includes among factors for Board consideration: (1) whether the loan in question is secured by the consumer's principal residence; and (2) whether the goal of consumer protection would be undermined by such an exemption.
Section 104 -
Amends RESPA to repeal requirements that:
(1) a federally related mortgage lender disclose to a mortgage loan applicant the servicing of mortgages the lender has assigned, sold, or transferred during the most recent three calendar years; and
(2) a lender that does not service federally related loans similarly disclose any intention to assign, sell, or transfer such servicing.
Repeals the mandate for model disclosure statements.
Declares that the proscription against kickbacks and unearned fees shall not be construed as prohibiting payment by a depository institution or mortgage bank to its own employee for a referral to an affiliate for a loan product, if the employee does not hold himself or herself out as anything but an employee of that institution.
Requires the Board to ensure that the exemption from RESPA regulations for credit transactions for primarily business, commercial, or agricultural purposes shall be the same as the exemption for such transactions under TILA.
Section 105 -
Declares that the proscription against kickbacks and unearned fees shall not be construed as prohibiting a payment made to a person or affinity group relating to an endorsement of the products or services of a settlement service provider if the at the time of the first written communication with the consumer it is clearly disclosed that payment was made or may be made or other thing of value may accrue to the affinity group for the endorsement.
Section 106 -
Amends TILA to exempt from its disclosure requirements any credit transactions involving consumers with an annual earned income of more than $200,000 or having net assets in excess of $1 million at the time of the transaction, upon submission of a handwritten waiver, signed and dated by such consumer.
Section 107 -
Grants creditors the option to set forth alternative disclosures regarding conditions which could trigger increases or decreases in payment and interest rates for variable interest rate residential mortgage transactions.
Section 109 -
Amends the Truth in Lending Act to restrict certain limitations on creditor liability with respect to closed end consumer credit transactions secured by real property or a dwelling under the Act.
Title II - Streamlining Government Regulation
Subtitle A - Eliminating Unnecessary Regulatory Requirements and Procedures
Amends the Federal Deposit Insurance Act (FDIA) to set forth conditions under which prior approval is not required for any merger, consolidation, asset acquisition, or liabilities assumption involving only insured depository institution subsidiaries of the same depository institution holding company.
Section 202 -
Permits an insured depository institution to participate in optional conversion transactions between members of the Bank Insurance Fund and the Savings Association Insurance Fund without prior approval of the responsible agency (but still requires approval). Eliminates the requirement for approval of such a merger under the Oakar Amendment as well as the Bank Merger Act.
Section 203 -
Amends the Home Owners' Loan Act to remove from its regulatory purview a bank holding company subject to the Bank Holding Company Act of 1956 (BHCA). Revises the definition of "savings and loan holding company" to exclude a bank holding company under BHCA jurisdiction.
Provides that acquisition of a savings association by a bank holding company under BHCA jurisdiction obviates approval by the Director of the Office of Thrift Supervision. Amends BHCA to direct the Federal Reserve Board to solicit the views of the Director of the Office of Thrift Supervision with respect to its examination and enforcement role over bank holding companies.
Section 204 -
Amends the Revised Statutes to repeal the requirement that the aggregate minimum capital of a national banking association and all its branches be no less than the aggregate minimum capital that would be required if each branch were a separately chartered national bank.
Section 205 -
Amends the Revised Statutes and FDIA to exclude from the definition of "branch" an automated teller machine or remote service unit (thus exempting those entities from the approval requirements and geographic restrictions of such Acts).
Section 206 -
Amends the Federal Reserve Act (FRA) to permit well-capitalized and well-managed banks to invest amounts equal to 150 percent (currently, only 100 percent) of capital and surplus in bank premises without prior approval.
Section 207 -
Amends BHCA to repeal the presumption that shares transferred by a bank holding company to a transferee under its control (divestitures) remain under the holding company's control (thus subject to specified approval requirements).
Section 208 -
States that prior notice and approval is not required (but written notice to the Federal Reserve Board within ten days after commencing such an activity is required) for a proposal by a well-capitalized, well-managed bank holding company to engage in any activity or acquire the shares or assets of any company (other than an insured depository institution) if it meets specified financial and managerial criteria.
Section 209 -
Amends FDIA to repeal the requirement that the appropriate Federal banking agency be notified prior to the appointment or addition of a new director or senior executive officer if the affected insured depository institution or depository institution holding company:
(1) has been chartered less than two years; or
(2) has undergone a change in control within the preceding two years.
Retains the prior notice requirement for troubled insured depository institutions or depository institution holding companies only if the agency determines that prior notice is appropriate.
Extends from 30 days up to 90 days the period during which, following notice, the agency may disapprove board of directors or senior executive officer appointments by such institutions or companies.
Section 210 -
Amends the Depository Institutions Management Interlocks Act to revise the prohibition on dual service of management officials to raise the asset-size thresholds of the depository institutions or depository holding companies to which the prohibition applies.
Authorizes Federal banking regulatory agencies to adjust such thresholds for inflation.
Repeals the 20-year exemption from the dual service prohibition for certain grandfathered directors and management officials (thus permitting them to continue their dual service permanently).
Repeals the requirement that each appropriate Federal depository institutions regulatory agency:
(1) review according to prescribed criteria the petition of a management official to serve in more than one position (interlocking directorate); and
(2) determine whether continuation of such dual service produces an anti-competitive effect.
Authorizes the appropriate regulatory agencies to prescribe rules and regulations permitting dual service by a management official that would otherwise be prohibited if such service would not result in a monopoly or substantial lessening of competition.
Repeals the criteria governing regulatory approval of management interlocks.
Section 211 -
Amends FRA to exempt from its proscription against preferential terms in credit extensions to executive officers, directors, or principal shareholders (insider lending) any credit extension:
(1) made pursuant to a benefit or compensation program widely available to employees of the member bank; and
(2) that does not give preference to any officer, director, or principal shareholder of the member bank, or to any related interest of such person, over other employees of the member bank.
Authorizes the Federal Reserve Board to waive the proscription against such preferential terms for certain executive officers and directors of a subsidiary that controls the member bank if the subsidiary's assets do not exceed ten percent of the consolidated assets of a company that controls the member bank and such subsidiary (and is not controlled by any other company).
Section 212 -
Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to direct the Appraisal Subcommittee to repay the Secretary of the Treasury the unpaid portion of its startup funding by the end of FY 1998.
Section 213 -
Amends the FDIA to exempt from branch closure notice requirements automated teller machines and relocated or consolidated bank branches, if: (1) the relocation or consolidation occurs within the same neighborhood and does not substantially affect the nature of the business or customers served; or (2) a branch is closed in connection with emergency acquisitions or any Federal Deposit Insurance Corporation (FDIC) assistance.
Section 214 -
Amends the International Banking Act of 1978 to direct the Federal Reserve Board to avoid unnecessary duplication of foreign bank examinations.
Provides that:
(1) each Federal and State branch or agency of a foreign bank shall be subject to on-site examination by the appropriate regulator as frequently as would its U.S. counterpart (instead of annually, as at present); and
(2) the cost of such examination shall be assessed against its owner to the same extent that fees are collected by the Federal Reserve Board for examination of any State member bank.
Authorizes the Board to approve an application by a foreign bank even if the authorities in the home country have not yet established a comprehensive regulation on a consolidated basis, as long as they are actively working to establish one.
Instructs the Board to consider, when acting on a foreign bank application, whether the foreign bank has adopted and implemented procedures to combat money laundering.
Directs the Board to take final action on any application within 180 days after its receipt.
Authorizes the Board to terminate a foreign bank office in the United States if it finds that the authorities in the home country are not making demonstrable progress in establishing arrangements for comprehensive consolidated supervision.
Section 215 -
Amends the BHCA to authorize the Board to approve extensions beyond the current five-year deadline for a bank holding company to dispose of foreclosed assets, under certain conditions, up to an aggregate of five more years.
Section 216 -
Amends the Bank Holding Company Act Amendments of 1970 and the Home Owners Loan Act to extend the authority of the Board, and the Director of the Office of Thrift Supervision, respectively, to grant exceptions to certain antitying prohibitions.
Section 217 -
Amends the Federal Deposit Insurance Act (FDIA) to require the Federal Deposit Insurance Corporation to act within a 60- day period (which may be extended for an additional 30 days) upon receipt of the application of an insured State bank (or subsidiary) to engage as principal in activity impermissible for a national bank.
Subtitle B - Eliminating Unnecessary Regulatory Burdens
Amends FDIA to increase from $175 million to $250 million the asset-size ceiling on the meaning of "small depository institution" which Federal banking agencies may in their discretion determine for examination on an 18-month cycle.
Section 222 -
Directs the Federal Financial Institutions Examinations Council, and each Federal banking agency represented on it, to review and report to the Congress on Federal banking regulations at least every ten years to identify unnecessary regulatory requirements imposed upon insured depository institutions. Requires the Council or the pertinent banking agency to eliminate unnecessary regulations to the extent appropriate.
Section 223 -
Amends Federal monetary law to repeal the authority of the Secretary of the Treasury to require each insured depository institution to identify certain non-bank financial institution customers.
Section 224 -
Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to repeal the mandate that insured depository institutions include information on small businesses and small farm lending in their annual reports of condition.
Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) and the International Lending Supervision Act of 1983 to repeal annual reporting requirements for specified Federal financial institution regulatory agencies, including certain reports on changes to improve the international lending operations of banking institutions.
Section 225 -
Amends the Home Mortgage Disclosure Act of 1975 to increase from $10 million to $50 million the maximum asset-size of institutions exempt from its requirements. Declares that a depository institution shall be deemed to have satisfied the public availability requirements for its mortgage loan transactions if its branch offices provide notice of the availability of such information from the home office upon request.
Section 226 -
Amends FDIA guidelines governing a change in control of insured depository institutions to repeal mandatory reporting by financial institutions (or affiliates) of any loans secured by 25 percent or more of any class of shares of an insured depository institution (stock loans). Retains such mandatory reporting for foreign banks and their affiliates.
Section 227 -
Requires the Federal Reserve Board to study and report to the Congress on the extent of small business lending by all creditors.
Subtitle C - Regulatory Micromanagement
Amends the Revised Statutes to allow the Comptroller of the Currency to waive the residency requirement for national banking association directors. Repeals the Comptroller's authority to waive citizenship requirements for a minority of the directors of a foreign bank subsidiary or affiliate.
Section 242 -
Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to require each Federal banking agency to review and eliminate regulations which require insured depository institutions and credit unions to produce unnecessary internal written policies.
Section 243 -
Amends FDIA to mandate: (1) that one of the presidentially appointed directors serving on the FDIC Board have State bank supervisory experience; (2) that each appropriate Federal banking agency take action necessary to ensure that depository institution examiners consult and reach agreement on examination activities and resultant recommendations; and (3) consider appointing an examiner-in-charge to ensure such consultation.
Title III - Regulatory Impact on Cost of Credit and Credit Availability
Amends FDIA guidelines for improved accountability in financial management to:
(1) eliminate the use of an independent public accountant to detect and report violations of law by an insured depository institution or depository institution holding company; and
(2) authorize a Federal banking agency to permit an independent audit committee to be composed of a majority of outside directors independent of institution management (currently the entire committee must be composed of such outside directors) if it determines that an insured depository institution has encountered hardships in retaining competent directors on such committee.
Section 302 -
Amends the Equal Credit Opportunity Act and the Fair Housing Act to set forth incentives for self-testing and self- correcting by lenders subject to such Acts. Prescribes conditions under which: (1) an enforcing agency is prohibited from acquiring or using reports generated by any creditor-conducted review of lending operations to determine compliance with such Acts; and (2) such self-test results may be used by an adversary party.
Section 303 -
Permits a Federal savings association to make credit card loans or education loans without being subject to a percentage-of-assets limitation.
Raises from ten percent to 20 percent the percentage-of-assets limitations ceiling placed upon commercial and agricultural loans offered by an association.
Restricts loan amounts exceeding ten percent of an association's total assets to loans made to small businesses.
Repeals the five-percent-of-assets loan restriction placed upon education loans offered by an association.
Expands the scope of "qualified thrift lender" to include a domestic building and loan association.
Permits a savings association that qualifies as a qualified thrift lender to operate a branch outside the State in which it has its home office.
Redefines "qualified thrift investment" to cover, as assets includible without limit, educational loans, small business loans, and loans made through credit cards or credit card accounts.
Removes the ten-percent-of-assets loan restriction placed upon certain personal, family, household or education loans other than educational loans, small business loans, and loans made through credit cards or credit card accounts.
Section 304 -
Amends BHCA to repeal the seven percent growth cap restrictions placed upon banks controlled by certain bank holding companies not statutorily treated as bank holding companies. Excludes from BHCA jurisdiction any limited purpose institution that accepts collateral for extensions of credit by holding deposits under $100,000.
Section 305 -
Amends the Fair Debt Collection Practices Act to revise the prohibition against failure to disclose clearly in all communications with a consumer that the debt collector is attempting to collect a debt.
Section 306 -
Amends the Federal Credit Union Act to increase from $10,000 to $20,000 the ceiling on credit union loans which may be made to a director or member of a supervisory or credit committee without first being approved by the board of directors.
Section 307 -
Amends the Federal Reserve Act to increase from ten percent to 20 percent the amount of capital and surplus that a national bank may invest in the stock of Edge Act subsidiaries and certain financial service corporations held by a member bank's non- U.S. branches, as long as the investment of an additional amount over ten percent would not be unsafe or unsound.
Title IV - Consumer Credit
Subtitle A - Credit Reporting Reform
Consumer Credit Reporting Reform Act of 1996 - Amends the Fair Credit Reporting Act (FCRA) to cite additional permissible purposes for which a consumer reporting agency may furnish a consumer report, including:
(1) for employment purposes;
(2) for credit or insurance transactions that are not initiated by the consumer; and
(3) for direct marketing transactions that are not initiated by the consumer.
Mandates consumer consent as a prerequisite to furnishing medical information contained in a consumer report.
Section 406 -
Revises exceptions to the prohibition against the reporting of certain obsolete information by a consumer reporting agency.
Raises the minimum dollar threshold amounts permitting release of such information:
(1) from $50,000 to $150,000 in the case of a credit transaction;
(2) from $50,000 to $150,000 the policy amount in the case of life insurance underwriting; and
(3) from $20,000 to $75,000 the amount of salary of an individual in the case of an employment-related credit report.
Provides that the seven-year reporting period applicable to accounts placed for collection begins no later than 180 days after the beginning of the delinquency immediately preceding the collection activity.
Mandates disclosure in a consumer report of:
(1) the particular chapter under which a bankruptcy case arises;
(2) withdrawal of a bankruptcy case prior to final judgment;
(3) voluntary closure by a consumer of a credit account;
(4) information disputed by the consumer.
Section 407 -
Prohibits a consumer reporting agency from prohibiting disclosure to the consumer by a credit report user of the contents of a credit report if the user has taken adverse action against the consumer based on such report. Prescribes guidelines for procurement of a consumer report for resale.
Section 408 -
States that nothing requires a consumer reporting agency to disclose to a consumer any credit scores, risk scores, and other predictors relating to her or him.
Provides for mandatory disclosure to a consumer of additional kinds of information, including a summary of consumer rights.
Requires the Federal Trade Commission to take action to assure that consumer standardization and comprehensibility are achieved.
Prohibits consumer lawsuits for defamation, invasion of privacy, or negligence against a consumer reporting agency based on information disclosed by a credit report user to or for a consumer against whom the user has taken adverse action based on the report.
Section 409 -
Revises procedural and disclosure guidelines governing:
(1) disputed information in a consumer's file, including free mandatory reinvestigation by the reporting agency;
(2) users of information in a consumer report taking adverse actions, or making written credit or insurance solicitations based upon such report (including any direct marketing transaction that is not initiated by the consumer); and
(3) adverse action based on information obtained from third parties other than consumer reporting agencies.
Section 412 -
Revises civil liability guidelines to set forth liquidated damages for willful and negligent noncompliance, and to award attorney's fees to the prevailing party for pleadings filed in bad faith.
Section 413 -
Specifies the responsibilities of persons who furnish information to a consumer reporting agency, including the obligation to provide accurate, updated information and notices of information disputed by consumers.
Section 414 -
Revises disclosure guidelines governing investigative consumer reports to require: (1) certification that the consumer has been notified; and (2) confirmation of any adverse information obtained from personal sources.
Section 415 -
Increases criminal penalties for obtaining information under false pretenses, and for unauthorized disclosures.
Section 416 -
Revises administrative enforcement guidelines to authorize the Federal Trade Commission (FTC) to commence a civil action to recover a civil penalty in Federal district court in the event of a knowing violation constituting a pattern or practice of FCRA violations.
Limits such penalty to $2500 per violation.
Prohibits:
(1) the FTC from promulgating trade regulation rules with respect to the FCRA; and
(2) specified Federal regulatory agencies from conducting an examination of a bank, savings association or credit union regarding FCRA compliance except in response to a complaint alleging noncompliance.
Section 417 -
Authorizes the States to bring a court action for FCRA violations.
Section 418 -
Authorizes the Federal Reserve Board to issue interpretations of the FCRA with respect to certain financial institutions and holding companies.
Section 419 -
Identifies specified FCRA provisions that preempt State law.
Subtitle B - Credit Repair Organizations
Amends the Consumer Credit Protection Act to provide that specified provisions of that Act may be cited as the Credit Repair Organizations Act.
Section 451 -
Prohibits:
(1) advising any consumer to make an untrue or misleading statement, or to alter the consumer's identification to prevent the display of the consumer's credit record;
(2) other fraud or deception; and
(3) a credit repair organization (CRO) from charging or receiving valuable consideration for any service before such service is fully performed.
Specifies a statement which a CRO must provide to consumers before an agreement is executed regarding the consumer, the CRO, and related rights, powers, and obligations.
Requires written, signed contracts covering specified matters in order for a CRO to provide services.
Allows a consumer to cancel a contract with a CRO within three business days of making the contract.
Declares void any consumer waiver of any protection under this subtitle.
Makes an attempt to obtain a waiver a violation of this subtitle.
Voids any contract not in compliance with this subtitle.
Provides for civil liability for failing to comply with this subtitle, including allowing punitive damages and class actions.
Requires enforcement of this subtitle under the Federal Trade Commission Act (FTCA) by the FTC. Makes:
(1) a violation of this subtitle an unfair or deceptive act or practice in violation of specified provisions of the FTCA; and
(2) all functions and powers of the FTC available for enforcement of this subtitle.
Establishes a five-year statute of limitations for actions to enforce liability under this subtitle.
Section 452 -
Expresses the sense of the Senate that: (1) individuals should be judged for credit worthiness based upon their own credit worthiness and not that of their zip code or residential neighborhood; and (2) the FTC should report to certain congressional committees on the impact of residential location upon corporate lenders' consideration of an application for unsecured credit.
Title V - Asset Conservation, Lender Liability, and Deposit Insurance Protection
Asset Conservation, Lender Liability, and Deposit Insurance Protection Act of 1996- Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to declare that the liability of a fiduciary for the release or threatened release of a hazardous substance in connection with a vessel or facility held in fiduciary capacity shall not exceed the assets held in fiduciary capacity, unless:
(1) a person is liable independently of the person's ownership of a vessel or facility as a fiduciary or actions taken in a fiduciary capacity; or
(2) the fiduciary negligently causes or contributes to the release or threatened release.
Title VI - Miscellaneous
Directs the Federal Reserve Board to evaluate and report to the Congress whether the Electronic Fund Transfer Act could be applied to electronic stored value products without adversely impacting their cost, development, and operation.
Section 602 -
Amends FDIA to treat as administrative expenses of a receiver or conservator for an insured depository institution any final and unappealable judgment for monetary damages entered against such receiver or conservator for breach of a post-appointment agreement executed or approved by such receiver or conservator.
Section 603 -
Amends the Federal criminal code to: (1) increase the penalty for certain counterfeiting violations; and (2) establish criminal penalties for the production, sale, transportation, or possession of fictitious financial instruments purporting to be those of the States, political subdivisions, and of private organizations.
Section 604 -
Amends the Truth in Savings Act to repeal: (1) civil liability for violations of such Act; and (2) the definition of an on-premises display in a depository institution. Redefines "depository institution" to exclude certain nonautomated credit unions (thus exempting them from such Act).
Section 605 -
Amends TILA to direct the Federal Reserve Board to:
(1) promulgate regulations to update and clarify requirements and definitions applicable to lease disclosures and contracts;
(2) publish model disclosure forms to facilitate compliance with disclosure requirements; and
(3) consider, when establishing such model forms, the use of automated equipment by lessors.
Amends the guidelines governing requisite disclosures in consumer lease advertisements.
Shields the owner or employee of an advertising medium from liability relating to such disclosures.
Section 606 -
Directs the Secretary of the Treasury to study and report to the Congress on: (1) the regulatory practices of the National Credit Union Administration Board with respect to the National Credit Union Share Insurance Fund; (2) the potential effects of the administration of that Fund by an entity other than the National Credit Union Administration; and (3) the investment practices and financial status of the ten largest corporate credit unions.
Section 607 -
Directs each Federal banking agency to report to the Congress on its actions regarding inconsistent or duplicative accounting and reporting requirements (differences between regulatory accounting principles and generally accepted accounting principles) affecting certain reports filed by insured depository institutions.
Section 608 -
Amends FIRREA to instruct the Federal Reserve Board to include in its annual report to the Congress a description of any discernible trend in the cost and availability of certain retail banking services in the nation as a whole, in each of the 50 States and in each consolidated metropolitan statistical area or primary metropolitan statistical area.
Section 609 -
Amends the Federal monetary code to continue the ban on gold clauses in contracts prior to 1977 unless all parties to a pre-1977 contract specifically agree to include such clause in the new agreement.
Section 610 -
Amends the BHCA to exclude a qualified family partnership from the meaning of "company" under such Act.
Section 611 -
Expresses the sense of the Congress that financial institutions and Federal bank regulators should work cooperatively with farmers and ranchers in drought-affected communities to allow financial obligations to be met without imposing undue burdens.
Title VII - Deposit Insurance Funds
Deposit Insurance Funds Act of 1996 - Directs the Board of Directors of the Federal Deposit Insurance Corporation (FDIC) to impose a special assessment on the Savings Association Insurance Fund (SAIF)-assessable deposits of each insured depository institution at a rate that the Board, in its sole discretion, determines will cause the SAIF to achieve the designated reserve ratio on the first business day of the first month beginning after the date of enactment of this Act. Allows the Board to exempt weak institutions from such assessment, but requires exemption for certain newly chartered and other defined institutions, which shall pay semiannual assessments at certain former rates during calendar years 1996 through 1998, with a special rate provision for calendar 1999.
Section 702 -
Authorizes certain institutions facing hardship as a result of the special assessment to elect to pay it in two assessments, plus a third supplemental special assessment, determined according to specified formulae.
Prescribes adjustments of the special assessment for Bank Insurance Fund (BIF) member banks and certain savings associations.
Amends the Federal Deposit Insurance Act (FDIA) to require the 20 percent reductions to the adjusted attributable deposit amount for certain BIF members and to the special assessment for certain converted savings associations.
Section 703 -
Amends the Federal Home Loan Bank Act (FHLBA) and the Federal Deposit Insurance Act (FDIA) to revise the assessment authority of the Financing Corporation (FICO), extending FICO assessments to all depository institutions insured by the Federal Deposit Insurance Corporation (FDIC) (rather than SAIF members only).
Repeals specified limits on the amount that may be assessed.
Declares that assessments imposed upon insured depository institutions with respect to any BIF-assessable deposit shall be assessed at 1\5 of the rate of the assessments imposed on insured depository institutions with respect to any SAIF-assessable deposit.
Section 704 -
Declares that the SAIF and the BIF shall be merged into the Deposit Insurance Fund, which shall have a Special Reserve for any excess of the SAIF reserve ratio over the designated reserve ratio. Makes conforming amendments to specified banking statutes.
Section 705 -
Amends the FDIA to establish a SAIF Special Reserve if the SAIF reserve exceeds the designated reserve ratio on January 1, 1999.
Section 706 -
Prescribes procedural guidelines for the refund of assessed payments in a deposit insurance fund in excess of the designated reserve amount.
Section 707 -
States that the assessment rate for a SAIF member may not be less than the assessment rate for a BIF member posing a comparable risk to the deposit insurance fund.
Section 708 -
Prohibits the FDIC Board of Directors from setting semi-annual assessments in excess of the amount needed to maintain or achieve the designated reserve ratio of a deposit insurance fund.
Section 709 -
Instructs the Secretary of the Treasury to study and report to the Congress on all issues relevant to the development of a common charter for all insured depository institutions and the abolition of separate and distinct charters between banks and savings associations.

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