< Back to S.J.Res. 63 (104th Congress, 1995–1996)

Text of the Omnibus Consolidated Appropriations Act, 1997

This resolution was introduced on September 24, 1996, in a previous session of Congress, but was not enacted. The text of the bill below is as of Sep 24, 1996 (Placed on Calendar in the Senate).

Source: GPO

SJ 63 PCS

Calendar No. 627

104th CONGRESS

2d Session

S. J. RES. 63

Making continuing appropriations for the fiscal year ending September 30, 1997, and for other purposes.

IN THE SENATE OF THE UNITED STATES

September 24 (legislative day, SEPTEMBER 20), 1996

Mr. HATFIELD introduced the following joint resolution; which was read the first time

September 24, 1996

Read the second time and placed on the calendar


JOINT RESOLUTION

Making continuing appropriations for the fiscal year ending September 30, 1997, and for other purposes.

    Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That:

DIVISION 1

    the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1997, and for other purposes, namely:

TITLE I--OMNIBUS APPROPRIATIONS

    SEC. 101. (a) Such amounts as may be necessary for programs, projects or activities provided for in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, at a rate of operations and to the extent and in the manner provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

AN ACT

    Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1997, and for other purposes.

TITLE I--DEPARTMENT OF JUSTICE

General Administration

SALARIES AND EXPENSES

    For expenses necessary for the administration of the Department of Justice, $75,773,000; of which not to exceed $3,317,000 is for the Facilities Program 2000, to remain

available until expended: Provided, That not to exceed 43 permanent positions and 44 full-time equivalent workyears and $7,477,000 shall be expended for the Department Leadership Program exclusive of augmentation that occurred in these offices in fiscal year 1996: Provided further, That not to exceed 41 permanent positions and 48 full-time equivalent workyears and $4,660,000 shall be expended for the Offices of Legislative Affairs and Public Affairs: Provided further, That the latter two aforementioned offices shall not be augmented by personnel details, temporary transfers of personnel on either a reimbursable or non-reimbursable basis or any other type of formal or informal transfer or reimbursement of personnel or funds on either a temporary or long-term basis.

    For an additional amount, for enhancements for the Office of Intelligence Policy and Review and security measures, $3,600,000; of which $2,170,000 is for security enhancements: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

COUNTERTERRORISM FUND

    For necessary expenses, as determined by the Attorney General, $9,450,000, to remain available until expended, to reimburse any Department of Justice organization for (1) the costs incurred in reestablishing the operational capability of an office or facility which has been damaged or destroyed as a result of the bombing of the Alfred P. Murrah Federal Building in Oklahoma City or any domestic or international terrorist incident, (2) the costs of providing support to counter, investigate or prosecute domestic or international terrorism, including payment of rewards in connection with these activities, and (3) the costs of conducting a terrorism threat assessment of Federal agencies and their facilities: Provided, That funds provided under this heading shall be available only after the Attorney General notifies the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 605 of this Act.

    For an additional amount for necessary expenses, as determined by the Attorney General, $20,000,000, to remain available until expended, to reimburse any Department of Justice organization for (1) the costs incurred in reestablishing the operational capability of an office or facility which has been damaged or destroyed as a result of any domestic or international terrorist incident, or (2) the costs of providing support to counter, investigate or prosecute domestic or international terrorism, including payment of rewards in connection with these activities: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

TELECOMMUNICATIONS CARRIER COMPLIANCE FUND

    For necessary expenses, as determined by the Attorney General, $40,000,000 to remain available until expended, to be deposited in the Telecommunications Carrier Compliance Fund for making payments to telecommunications carriers, equipment manufacturers, and providers of telecommunications support services pursuant to section 109 of this Act: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount not previously designated by the President as an emergency requirement shall be available only to the extent an official budget request, for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement, as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted to Congress.

ADMINISTRATIVE REVIEW AND APPEALS

    For expenses necessary for the administration of pardon and clemency petitions and immigration related activities, $62,000,000.

    For an additional amount for security measures for the Executive Office of Immigration Review, $1,000,000: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE REVIEW AND APPEALS

    For activities authorized by section 130005 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), as amended, $48,000,000, to remain available until expended, which shall be derived from the Violent Crime Reduction Trust Fund.

OFFICE OF INSPECTOR GENERAL

    For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $31,960,000; including not to exceed $10,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; and for the acquisition, lease, maintenance, and operation of motor vehicles, without regard to the general purchase price limitation for the current fiscal year.

United States Parole Commission

SALARIES AND EXPENSES

    For necessary expenses of the United States Parole Commission as authorized by law, $4,845,000.

Legal Activities

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

    For expenses, necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; and rent of private or Government-owned space in the District of Columbia; $420,793,000; of which not to exceed $10,000,000 for litigation support contracts shall remain available until expended: Provided, That of the funds available in this appropriation, not to exceed $17,525,000 shall remain available until expended for office automation systems for the legal divisions covered by this appropriation, and for the United States Attorneys, the Antitrust Division, and offices funded through ‘Salaries and Expenses’, General Administration: Provided further, That of the total amount appropriated, not to exceed $1,000 shall be available to the United States

National Central Bureau, INTERPOL, for official reception and representation expenses: Provided further, That notwithstanding 31 U.S.C. 1342, the Attorney General may accept on behalf of the United States, and credit to this appropriation, gifts of money, personal property and services, for the purposes of hosting the International Criminal Police Organization’s (INTERPOL) American Regional Conference in the United States during fiscal year 1997: Provided further, That not to exceed 8 permanent positions and 10 full-time equivalent workyears and $987,000 shall be expended for the Office of Legislative Affairs of Public Affairs: Provided further, That the latter two aforementioned offices shall not be augmented by personnel details, temporary transfers of personnel on either a reimbursable or nonreimbursable basis or any other type of formal or informal transfer or reimbursement of personnel or funds on either a temporary or long-term basis.

    In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986 as amended, not to exceed $4,028,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.

    For an additional amount for expenses of the Criminal Division relating to terrorism, $1,719,000, to remain available until expended: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

VIOLENT CRIME REDUCTION PROGRAMS,

GENERAL LEGAL ACTIVITIES

    For the expeditious deportation of denied asylum applicants, as authorized by section 130005 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), as amended, $7,750,000, to remain available until expended, which shall be derived from the Violent Crime Reduction Trust Fund.

SALARIES AND EXPENSES, ANTITRUST DIVISION

    For expenses necessary for the enforcement of antitrust and kindred laws, $76,447,000: Provided, That notwithstanding any other provision of law, not to exceed $58,905,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated from the General Fund shall be reduced as such offsetting collections are received during fiscal year 1997, so as to result in a final fiscal year 1997 appropriation from the General Fund estimated at not more than $17,542,000: Provided further, That any fees received in excess of $58,905,000 in fiscal year 1997, shall remain available until expended, but shall not be available for obligation until October 1, 1997.

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

    For necessary expenses of the Office of the United States Attorneys, including intergovernmental agreements, $921,440,000; of which not to exceed $2,500,000 shall be available until September 30, 1998, for the purposes of: (1) providing training of personnel of the Department of Justice in debt collection, (2) providing services to the Department of Justice related to locating debtors and their property, such as title searches, debtor skiptracing, asset searches, credit reports and other investigations, (3) paying the costs of the Department of Justice for the sale of property not covered by the sale proceeds, such as auctioneers’ fees and expenses, maintenance and protection of property and businesses, advertising and title search and surveying costs, and (4) paying the costs of processing and tracking debts owed to the United States Government: Provided, That of the total amount appropriated, not to exceed $8,000 shall be available for official reception and representation expenses: Provided further, That not to exceed $10,000,000 of those funds

available for automated litigation support contracts shall remain available until expended: Provided further, That in addition to reimbursable full-time equivalent workyears available to the Office of the United States Attorneys, not to exceed 8,652 positions and 8,936 full-time equivalent workyears shall be supported from the funds appropriated in this Act for the United States Attorneys.

    For an additional amount for expenses relating to terrorism and security needs, $10,900,000: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES ATTORNEYS

    For activities authorized by sections 40114, 130005, 190001(b), 190001(d) and 250005 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), as amended, and section 815 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132), $43,876,000, to remain available until expended, which shall be derived from the Violent Crime Reduction Trust Fund, of which $28,602,000 shall be available to help meet the increased demands for litigation and related activities, $4,641,000 for Southwest Border Control, $1,000,000 for Federal victim counselors, and $9,633,000 for expeditious deportation of denied asylum applicants.

UNITED STATES TRUSTEE SYSTEM FUND

    For necessary expenses of the United States Trustee Program, as authorized by 28 U.S.C. 589a(a), $107,950,000, to remain available until expended and to be derived from the United States Trustee System Fund: Provided, That notwithstanding any other provision of law, deposits to the Fund shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further, That notwithstanding any other provision of law, $107,950,000 of offsetting collections derived from fees collected pursuant to 28 U.S.C. 589a(b) shall be retained and used for necessary expenses in this appropriation and remain available until expended: Provided further, That the sum herein appropriated from the Fund shall be reduced as such offsetting collections are received during fiscal year 1997, so as to result in a final fiscal year 1997 appropriation from the Fund estimated at $0: Provided further, That any such fees collected in excess of $107,950,000 in fiscal year 1997 shall remain available until expended but shall not be available for obligation until October 1, 1997.

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

    For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including

services as authorized by 5 U.S.C. 3109, $953,000.

SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

    For necessary expenses of the United States Marshals Service; including the acquisition, lease, maintenance, and operation of vehicles and aircraft, and the purchase of passenger motor vehicles for police-type use, without regard to the general purchase price limitation for the current fiscal year, $457,495,000, as authorized by 28 U.S.C. 561(i); of which not to exceed $6,000 shall be available for official reception and representation expenses; and of which not to exceed $4,000,000 for development, implementation, maintenance and support, and training for an automated prisoner information system, and $2,200,000 to support the Justice Prisoner and Alien Transportation System, shall remain available until expended: Provided, That, with respect to the amounts appropriated above, the service of maintaining and transporting State, local, or territorial prisoners shall be considered a specialized or technical service for purposes of 31 U.S.C. 6505, and any prisoners so transported shall be considered persons (transported for other than commercial purposes) whose presence is associated with the performance of a governmental function for purposes of 49 U.S.C. 40102: Provided further, That not to exceed 12 permanent positions and 12 full-time equivalent workyears and $700,000 shall be expended for the Offices of Legislative Affairs and Public Affairs: Provided further, That the latter two aforementioned offices shall not be augmented by personnel details, temporary transfers of personnel on either a reimbursable or nonreimbursable basis or any other type of formal or informal transfer or reimbursement of personnel or funds on either a temporary or long-term basis.

VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES MARSHALS SERVICE

    For activities authorized by section 190001(b) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), as amended, $25,000,000, to remain available until expended, which shall be derived from the Violent Crime Reduction Trust Fund.

FEDERAL PRISONER DETENTION

    For expenses, related to United States prisoners in the custody of the United States Marshals Service as authorized in 18 U.S.C. 4013, but not including expenses otherwise provided for in appropriations available to the Attorney General, $405,262,000, as authorized by 28 U.S.C. 561(i), to remain available until expended: Provided, That this appropriation hereafter shall not be available for expenses authorized under 18 U.S.C. 4013(a)(4).

FEES AND EXPENSES OF WITNESSES

    For expenses, mileage, compensation, and per diems of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, and for per diems in lieu of subsistence, as authorized by law, including advances, $100,702,000, to remain available until expended; of which not to exceed $4,750,000 may be made available for planning, construction, renovations, maintenance, remodeling, and repair of buildings, and the purchase of equipment incident thereto, for protected witness safesites; of which not to exceed $1,000,000 may be made available for the purchase and maintenance of armored vehicles for transportation of protected witnesses; and of which not to exceed $4,000,000 may be made available for the purchase, installation and maintenance of a secure, automated information network to store and retrieve the identities and locations of protected witnesses.

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

    For necessary expenses of the Community Relations Service, established by title X of the Civil Rights Act of 1964, $5,319,000: Provided, That notwithstanding any other provision of law, upon a determination by the Attorney General that emergent circumstances require additional funding for conflict prevention and resolution activities of the Community Relations Service, the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to this paragraph shall be treated as a reprogramming under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

ASSETS FORFEITURE FUND

    For expenses authorized by 28 U.S.C. 524(c)(1) (A)(ii), (B), (C), (F), and (G), as amended, $23,000,000, to be derived from the Department of Justice Assets Forfeiture Fund.

Radiation Exposure Compensation

ADMINISTRATIVE EXPENSES

    For necessary administrative expenses in accordance with the Radiation Exposure Compensation Act, $2,000,000.

PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND

For payments to the Radiation Exposure Compensation Trust Fund, $13,736,000, not to be available for obligation until September 30, 1997.

Interagency Law Enforcement

INTERAGENCY CRIME AND DRUG ENFORCEMENT

    For necessary expenses for the detection, investigation, and prosecution of individuals involved in organized crime drug trafficking not otherwise provided for, to include intergovernmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime drug trafficking, $359,430,000, of which $50,000,000 shall remain available until expended: Provided, That any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation: Provided further, That any unobligated balances remaining available

at the end of the fiscal year shall revert to the Attorney General for reallocation among participating organizations in succeeding fiscal years, subject to the reprogramming procedures described in section 605 of this Act.

Federal Bureau of Investigation

SALARIES AND EXPENSES

    For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States; including purchase for

police-type use of not to exceed 2,706 passenger motor vehicles, of which 1,945 will be for replacement only, without regard to the general purchase price limitation for the current fiscal year, and hire of passenger motor vehicles; acquisition, lease, maintenance, and operation of aircraft; and not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; $2,489,361,000, of which not to exceed $50,000,000 for automated data processing and telecommunications and technical investigative equipment and $1,000,000 for undercover operations shall remain available until September 30, 1998; of which not less than $147,081,000 shall be for counterterrorism investigations, foreign counterintelligence, and other activities related to our national security; of which not to exceed $98,400,000 shall remain available until expended; and of which not to exceed $10,000,000 is authorized to be made available for making payments or advances for expenses arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to violent crime, terrorism, organized crime, and drug investigations; and of which $1,500,000 shall be available to maintain an independent program office dedicated solely to the relocation of the Criminal Justice Information Services Division and the automation of fingerprint identification services: Provided, That not to exceed $45,000 shall be available for official reception and representation expenses: Provided further, That not to exceed 81 permanent positions and 85 full-time equivalent workyears and $5,959,000 shall be expended for the Office of Legislative Affairs or Public Affairs: Provided further, That the latter two aforementioned offices shall not be augmented by personnel details, temporary transfers of personnel on either a reimbursable or nonreimbursable basis or any other type of formal or informal transfer or reimbursement of personnel or funds on either a temporary or long-term basis.

    For an additional amount for necessary expenses of the Federal Bureau of Investigation to prevent and investigate terrorism activities and incidents; provide for additional agents and support staff; protect key physical assets; establish a capability for chemical, biological and nuclear research; improve domestic intelligence; and improve security at Federal Bureau of Investigation offices, $115,610,000, as authorized by the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132): Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

VIOLENT CRIME REDUCTION PROGRAMS

    For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) as amended (‘the 1994 Act’), and the Antiterrorism and Effective Death Penalty Act of 1996 (‘the Antiterrorism Act’), $169,000,000, to remain available until expended, which shall be derived from the Violent Crime Reduction Trust Fund; of which $76,356,000 shall be for activities authorized by section 190001(c) of the 1994 Act and section 811 of the Antiterrorism Act; $53,404,000 shall be for activities authorized by section 190001(b) of the 1994 Act, of which $20,240,000 shall be for activities authorized by section 103 of the Brady Handgun Violence Prevention Act (Public Law 103-159), as amended; $4,000,000 shall be for training and investigative assistance authorized by section 210501 of the 1994 Act; $9,500,000 shall be for grants to States, as authorized by section 811(b) of the Antiterrorism Act; and $5,500,000 shall be for establishing DNA quality-assurance and proficiency-testing standards, establishing an index to facilitate law enforcement exchange of DNA identification information, and related activities authorized by section 210501 of the 1994 Act.

CONSTRUCTION

    For necessary expenses to construct or acquire buildings and sites by purchase, or as otherwise authorized by law (including equipment for such buildings); conversion and extension of federally owned buildings; and preliminary planning and design of projects; $41,639,000, to remain available until expended.

Drug Enforcement Administration

SALARIES AND EXPENSES

    For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; expenses for conducting drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs; purchase of not to exceed 1,158 passenger motor vehicles, of which 1,032 will be for replacement only, for police-type use without regard to the general purchase price limitation for the current fiscal year; and acquisition, lease, maintenance, and operation of aircraft; $745,388,000, of which not to exceed $1,800,000 for research and $15,000,000 for transfer to the Drug Diversion Control Fee Account for operating expenses shall remain available until expended, and of which not to exceed $4,000,000 for purchase of evidence and payments for information, not to exceed $4,000,000 for contracting for automated data processing and telecommunications equipment, and not to exceed $2,000,000 for laboratory equipment, $4,000,000 for technical equipment, and $2,000,000 for aircraft replacement retrofit and parts, shall remain available until September 30, 1998; and of which not to exceed $50,000 shall be available for official reception and representation expenses: Provided, That not to exceed 25 permanent positions and 25 full-time equivalent workyears and $1,828,000 shall be expended for the Office of Legislative Affairs or Public Affairs: Provided further, That the latter two aforementioned offices shall not be augmented by personnel details, temporary transfers of personnel on either a reimbursable or nonreimbursable basis or any other type of formal or informal transfer or reimbursement of personnel or funds on either a temporary or long-term basis.

    For an additional amount for security measures for domestic and foreign Drug Enforcement Administration offices, $5,000,000: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

VIOLENT CRIME REDUCTION PROGRAMS

    For activities authorized by sections 180104 and 190001(b) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), as amended, and section 814 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132), and for the purchase of passenger motor vehicles for police-type use, as otherwise authorized in this title, $220,000,000, to remain available until expended, which shall be derived from the Violent Crime Reduction Trust Fund.

CONSTRUCTION

    For necessary expenses to construct or acquire buildings and sites by purchase, or as otherwise authorized by law (including equipment for such buildings); conversion and extension of federally-owned buildings; and preliminary planning and design of projects; $30,806,000, to remain available until expended.

Immigration and Naturalization Service

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

    For expenses, not otherwise provided for, necessary for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration, including not to exceed $50,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; purchase for police-type use (not to exceed 2,691, of which 1,711 are for replacement only), without regard to the general purchase price limitation for the current fiscal year, and hire of passenger motor vehicles; acquisition, lease, maintenance and operation of aircraft; and research related to immigration

enforcement; $1,600,000,000, of which not to exceed $400,000 for research shall remain available until expended; and of which not to exceed $10,000,000 shall be available for costs associated with the training program for basic officer training, and $5,000,000 is for payments or advances arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to immigration: Provided, That none of the funds available to the Immigration and Naturalization Service shall be available to pay any employee overtime pay in an amount in excess of $30,000 during the calendar year beginning January 1, 1997: Provided further, That uniforms may be purchased without regard to the general purchase price limitation for the current fiscal year: Provided further, That not to exceed $5,000 shall be available for official reception and representation expenses: Provided further, That none of the funds provided in this or any other Act shall be used for the continued operation of the San Clemente and Temecula checkpoints unless the checkpoints are open and traffic is being checked on a continuous 24-hour basis: Provided further, That the Land Border Fee Pilot Project scheduled to end September 30, 1996, is extended to September 30, 1999 for projects on both the northern and southern borders of the United States, except that no pilot program may implement a universal land border crossing toll: Provided further, That obligated and unobligated balances available to ‘Salaries and Expenses, Community Relations Service’ under section 501(c) of the Refugee Education Assistance Act of 1980 are transferred to this account and shall remain available until expended.

    For an additional amount to support the detention and removal of aliens with ties to terrorist organizations and expand the detention and removal of illegal aliens and enhance the intelligence of the Immigration and Naturalization Service, $15,000,000; of which $10,000,000 shall be for detention and removal of aliens: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

VIOLENT CRIME REDUCTION PROGRAMS

    For activities authorized by sections 130002, 130005, 130006, 130007, and 190001(b) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), as amended, and section 813 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132), $500,000,000 to remain available until expended, which will be derived from the Violent Crime Reduction Trust Fund, of which $66,217,000 shall be for expeditious deportation of denied asylum applicants, $317,256,000 shall be for improving border controls, and $116,527,000 shall be for detention and deportation proceedings: Provided, That amounts not required for asylum processing provided under the expeditious deportation of denied asylum applicants shall also be available for other deportation program activities.

CONSTRUCTION

    For planning, construction, renovation, equipping, and maintenance of buildings and facilities necessary for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration, not otherwise provided for, $9,841,000, to remain available until expended.

Federal Prison System

SALARIES AND EXPENSES

    For expenses necessary for the administration, operation, and maintenance of Federal penal and correctional institutions, including purchase (not to exceed 836, of which 572 are for replacement only), and hire of law enforcement and passenger motor vehicles; and for the provision of technical assistance and advice on corrections related issues to foreign governments; $2,768,316,000: Provided, That the Attorney General may transfer to the Health Resources and Services Administration such amounts as may be necessary for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions: Provided further, That the Director of the Federal Prison System (FPS), where necessary, may enter into contracts with a fiscal agent/fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the FPS, furnish health services to individuals committed to the custody of the FPS: Provided further, That uniforms may be purchased without regard to the general purchase price limitation for the current fiscal year: Provided further, That not to exceed $6,000 shall be available for official reception and representation expenses: Provided further, That not to exceed $90,000,000 for the activation of new facilities shall remain available until September 30, 1998: Provided further, That of the amounts provided for Contract Confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses authorized by section 501(c) of the Refugee Education Assistance Act of 1980, as amended, for the care and security in the United States of Cuban and Haitian entrants: Provided further, That notwithstanding section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS may enter into contracts and other agreements with private entities for periods of not to exceed 3 years and 7 additional option years for the confinement of Federal prisoners: Provided further, That the National Institute of Corrections hereafter shall be included in the FPS Salaries and Expenses budget, in the Contract Confinement program and shall continue to perform its current functions under 18 U.S.C. 4351, et seq., with the exception of its grant program and shall collect reimbursement for services whenever possible: Provided further, That any unexpended balances available to the ‘National Institute of Corrections’ account shall be credited to and merged with this appropriation, to remain available until expended.

VIOLENT CRIME REDUCTION PROGRAMS

    For substance abuse treatment in Federal prisons as authorized by section 32001(e) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), as amended, $25,224,000, to remain available until expended, which shall be derived from the Violent Crime Reduction Trust Fund.

BUILDINGS AND FACILITIES

    For planning, acquisition of sites and construction of new facilities; leasing the Oklahoma City Airport Trust Facility; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account; $395,700,000, to remain available until expended, of which not to exceed $14,074,000 shall

be available to construct areas for inmate work programs: Provided, That labor of United States prisoners may be used for work performed under this appropriation: Provided further, That not to exceed 10 percent of the funds appropriated to ‘Buildings and Facilities’ in this Act or any other Act may be transferred to ‘Salaries and Expenses’, Federal Prison System, upon notification by the Attorney General to the Committees on Appropriations of the House of Representatives and the Senate in compliance with provisions set forth in section 605 of this Act: Provided further, That of the total amount appropriated, not to exceed $36,570,000 shall be available for the renovation and construction of United States Marshals Service prisoner-holding facilities.

FEDERAL PRISON INDUSTRIES, INCORPORATED

    The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments, without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation, including purchase of (not to exceed five for replacement only), and hire of passenger motor vehicles.

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, INCORPORATED

    Not to exceed $3,042,000 of the funds of the corporation shall be available for its administrative expenses, and for services as authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which the said accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest.

Office of Justice Programs

JUSTICE ASSISTANCE

    For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and the Missing Children’s Assistance Act, as amended, including salaries and expenses in connection therewith, and with the Victims of Crime Act of 1984, as amended, $101,429,000, to remain available until expended, as authorized by section 1001 of title I of the Omnibus Crime Control and Safe Streets Act, as amended by Public Law 102-534 (106 Stat. 3524).

    For an additional amount, $17,000,000, to remain available until expended; of which $5,000,000 shall be for Local Firefighter and Emergency Services Training Grants as authorized by section 819 of the Antiterrorism and Effective Death Penalty Act of 1996 (‘the Antiterrorism Act’); of which $10,000,000 shall be for development of counterterrorism technologies to help State and local law enforcement combat terrorism, as authorized by section 821 of the Antiterrorism Act; of which $2,000,000 shall be for specialized multi-agency response training: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount not previously designated by the President as an emergency requirement shall be available only to the extent an official budget request, for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement, as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted to Congress.

state and local law enforcement assistance

    For grants, contracts, cooperative agreements, and other assistance authorized by part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, for State and Local Narcotics Control and Justice Assistance Improvements, notwithstanding the provisions of section 511 of said Act, $329,000,000, to remain available until expended, as authorized by section 1001 of title I of said Act, as amended by Public Law 102-534 (106 Stat. 3524), of which $60,000,000 shall be available to carry out the provisions of chapter A of subpart 2 of part E of title I of said Act, for discretionary grants under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs.

VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

    For assistance (including amounts for administrative costs for management and administration, which amounts shall be transferred to and merged with the ‘Justice Assistance’ account) authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), as amended (‘the 1994 Act’); the Omnibus Crime Control and Safe Streets Act of 1968, as amended (‘the 1968 Act’); and the Victims of Child Abuse Act of 1990, as amended (‘the 1990 Act’); $2,056,180,000, to remain available until expended, which shall be derived from the Violent Crime Reduction Trust Fund; of which $523,000,000 shall be for Local Law Enforcement Block Grants, pursuant to H.R. 728 as passed by the House of Representatives on February 14, 1995, except that for purposes of this Act, the Commonwealth of Puerto Rico shall be considered a ‘unit of local government’ as well as a ‘State’, for the purposes set forth in paragraphs (A), (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728 and for establishing crime prevention programs involving cooperation between community residents and law enforcement personnel in order to control, detect, or investigate crime or the prosecution of criminals: Provided, That no funds provided under this heading may be used as matching funds for any other Federal grant program: Provided further, That $20,000,000 of this amount shall be for Boys and Girls Clubs in public housing facilities and other areas in cooperation with State and local law enforcement: Provided further, That funds may also be used to defray the costs of indemnification insurance for law enforcement officers; of which $50,000,000 shall be for grants to upgrade criminal records, as authorized by section 106(b) of the Brady Handgun Violence Prevention Act of 1993, as amended, and section 4(b) of the National Child Protection Act of 1993;

of which $231,000,000 shall be available as authorized by section 1001 of title I of the 1968 Act, to carry out the provisions of subpart 1, part E of title I of the 1968 Act, notwithstanding section 511 of said Act, for the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs; of which $330,000,000 shall be for the State Criminal Alien Assistance Program, as authorized by section 242(j) of the Immigration and Nationality Act, as amended; of which $670,000,000 shall be for Violent Offender Incarceration and Truth in Sentencing Incentive Grants pursuant to subtitle A of title II of the 1994 Act, of which $170,000,000 shall be available for payments to States for incarceration of criminal aliens, and of which $12,500,000 shall be available for the Cooperative Agreement Program: Provided further, That funds made available for Violent Offender Incarceration and Truth in Sentencing Incentive Grants to the State of California may, at the discretion of the recipient, be used for payments for the incarceration of criminal aliens; of which $6,000,000 shall be for the Court Appointed Special Advocate Program, as authorized by section 218 of the 1990 Act; of which $1,000,000 shall be for Child Abuse Training Programs for Judicial Personnel and Practitioners, as authorized by section 224 of the 1990 Act; of which $145,000,000 shall be for Grants to Combat Violence Against Women to States, units of local government and Indian tribal governments, as authorized by section 1001(a)(18) of the 1968 Act; of which $33,000,000 shall be for Grants to Encourage Arrest Policies to States, units of local government, and Indian tribal governments, as authorized by section 1001(a)(19) of the 1968 Act; of which $8,000,000 shall be for Rural Domestic Violence and Child Abuse Enforcement Assistance Grants, as authorized by section 40295 of the 1994 Act; of which $1,000,000 shall be for training programs to assist probation and parole officers who work with released sex offenders, as authorized by section 40152(c) of the 1994 Act; of which $550,000 shall be for grants for televised testimony, as authorized by section 1001(a)(7) of the 1968 Act; of which $1,750,000 shall be for national stalker and domestic violence reduction, as authorized by section 40603 of the 1994 Act; of which $30,000,000 shall be for grants for residential substance abuse treatment for State prisoners as authorized by section 1001(a)(17) of the 1968 Act; of which $3,000,000 shall be for grants to States and units of local government for projects to improve DNA analysis, as authorized by section 1001(a)(22) of the 1968 Act; of which $900,000 shall be for the Missing Alzheimer’s Disease Patient Alert Program, as authorized by section 240001(c) of the 1994 Act; of which $750,000 shall be for Motor Vehicle Theft Prevention Programs, as authorized by section 220002(h) of the 1994 Act; of which $200,000 shall be for a National Baseline Study on Campus Sexual Assault, as authorized by section 40506(e) of the 1994 Act; of which $18,000,000 shall be for Drug Courts, as authorized by title V of the 1994 Act; of which $1,000,000 shall be for Law Enforcement Family Support Programs, as authorized by section 1001(a)(21) of the 1968 Act; and of which $2,000,000 shall be for public awareness programs addressing marketing scams aimed at senior citizens, as authorized by section 250005(3) of the 1994 Act: Provided further, That funds made available in fiscal year 1997 under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, may be obligated for programs to assist States in the litigation processing of death penalty Federal habeas corpus petitions and for drug testing initiatives: Provided further, That any 1996 balances for these programs shall be transferred to and merged with this appropriation: Provided further, That if a unit of local government uses any of the funds made available under this title to increase the number of law enforcement officers, the unit of local government will achieve a net gain in the number of law enforcement officers who perform nonadministrative public safety service.

WEED AND SEED PROGRAM FUND

    For necessary expenses, including salaries and related expenses of the Executive Office for Weed and Seed, to implement ‘Weed and Seed’ program activities, $28,500,000, which shall be derived from discretionary grants provided under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, to remain available until expended for intergovernmental

agreements, including grants, cooperative agreements, and contracts, with State and local law enforcement agencies engaged in the investigation and prosecution of violent crimes and drug offenses in ‘Weed and Seed’ designated communities, and for either reimbursements or transfers to appropriation accounts of the Department of Justice and other Federal agencies which shall be specified by the Attorney General to execute the ‘Weed and Seed’ program strategy: Provided, That funds designated by Congress through language for other Department of Justice appropriation accounts for ‘Weed and Seed’ program activities shall be managed and executed by the Attorney General through the Executive Office for Weed and Seed: Provided further, That the Attorney General may direct the use of other Department of Justice funds and personnel in support of ‘Weed and Seed’ program activities only after the Attorney General notifies the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 605 of this Act.

Community Oriented Policing Services

violent crime reduction programs

    For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322 (‘the 1994 Act’) (including administrative costs), $1,400,000,000, to remain available until expended, which shall be derived from the Violent Crime Reduction Trust Fund, for Public Safety and Community Policing Grants pursuant to title I of the 1994 Act: Provided, That of this amount, $20,000,000 shall be available for programs of Police Corps education, training and service as set forth in sections 200101-200113 of the 1994 Act: Provided further, That not to exceed 186 permanent positions and 174 full-time equivalent workyears and $19,800,000 shall be expended for program management and administration.

JUVENILE JUSTICE PROGRAMS

    For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, including salaries and expenses in connection therewith to be transferred to and merged with the appropriations for Justice Assistance, $170,000,000, to remain available until expended, as authorized by section 299 of part I of title II and section 506 of title V of the Act, as amended by Public Law 102-586, of which (1) notwithstanding any other provision of law, $5,000,000 shall be available for expenses authorized by part A of title II of the Act, $86,500,000 shall be available for expenses authorized by part B of title II of the Act, and $29,500,000 shall be available for expenses authorized by part C of title II of the Act: Provided, That $16,500,000 of the amounts provided for part B title II of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, is for the purpose of providing additional formula grants under part B, for innovative local law enforcement and community policing programs, to States that provide assurances to the Administrator that the State has in effect (or will have in effect no later than 1 year after date of application) policies and programs, that ensure that juveniles are subject to accountability-based sanctions for every act for which they are adjudicated delinquent

(2) $12,000,000 shall be available for expenses authorized by sections 281 and 282 of part D of title II of the Act for prevention and treatment programs relating to juvenile gangs; (3) $10,000,000 shall be available for expenses authorized by section 285 of part E of title II of the Act; (4) $7,000,000 shall be available for expenses authorized by part G of title II of the Act for juvenile mentoring programs; and (5) $20,000,000 shall be available for expenses authorized by title V of the Act for incentive grants for local delinquency prevention programs: Provided further, That upon the enactment of reauthorization legislation for Juvenile Justice Programs under the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, funding provided in this Act shall from that date be subject to the provisions of that legislation and any provisions in this Act that are inconsistent with that legislation shall no longer have effect.

    In addition, for grants, contracts, cooperative agreements, and other assistance authorized by the Victims of Child Abuse Act of 1990, as amended, $4,500,000, to remain available until expended, as authorized by section 214B of the Act.

PUBLIC SAFETY OFFICERS BENEFITS

    For payments authorized by part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796), as amended, such sums as are necessary, to remain available until expended, as authorized by section 6093 of Public Law 100-690 (102 Stat. 4339-4340), and, in addition, $2,200,000, to remain available until expended, for payments as authorized by section 1201(b) of said Act.

General Provisions--Department of Justice

    SEC. 101. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $45,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses in accordance with distributions, procedures, and regulations established by the Attorney General.

    SEC. 102. Authorities contained in the Department of Justice Appropriation Authorization Act, Fiscal Year 1980 (Public Law 96-132, 93 Stat. 1040 (1979)), as amended, shall remain in effect until the termination date of this Act or until the effective date of a Department of Justice Appropriation Authorization Act, whichever is earlier.

    SEC. 103. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void.

    SEC. 104. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion.

    SEC. 105. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 104 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.

    SEC. 106. Notwithstanding any other provision of law, not to exceed $10,000,000 of the funds made available in this Act may be used to establish and publicize a program under which publicly-advertised, extraordinary rewards may be paid, which shall not be subject to spending limitations contained in sections 3059 and 3072 of title 18, United States Code: Provided, That any reward

of $100,000 or more, up to a maximum of $2,000,000, may not be made without the personal approval of the President or the Attorney General and such approval may not be delegated.

    SEC. 107. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act, including those derived from the Violent Crime Reduction Trust Fund, may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section.

    SEC. 108. Section 524(c)(8)(E) of title 28, United States Code, is amended by striking the year in the date therein contained and replacing the same with ‘1996’.

    SEC. 109. (a) Section 1930(a) of title 28, United States Code, is amended in paragraph (3), by inserting ‘$’ before ‘800’, and in paragraph (6), by striking everything after ‘total less than $15,000;’ and inserting in lieu thereof: ‘$500 for each quarter in which disbursements total $15,000 or more but less than $75,000; $750 for each quarter in which disbursements total $75,000 or more but less than $150,000; $1,250 for each quarter in which disbursements total $150,000 or more but less than $225,000; $1,500 for each quarter in which disbursements total $225,000 or more but less than $300,000; $3,750 for each quarter in which disbursements total $300,000 or more but less than $1,000,000; $5,000 for each quarter in which disbursements total $1,000,000 or more but less than $2,000,000; $7,500 for each quarter in which disbursements total $2,000,000 or more but less than $3,000,000; $8,000 for each quarter in which disbursements total $3,000,000 or more but less than $5,000,000; $10,000 for each quarter in which disbursements total $5,000,000 or more. The fee shall be payable on the last day of the calendar month following the calendar quarter for which the fee is owed.’.

    (b) Section 589a of title 28, United States Code, is amended to read as follows:

‘Sec. 589a. United States Trustee System Fund

    ‘(a) There is hereby established in the Treasury of the United States a special fund to be known as the ‘United States Trustee System Fund’ (hereinafter in this section referred to as the ‘Fund’). Monies in the Fund shall be available to the Attorney General without fiscal year limitation in such amounts as may be specified in appropriations Acts for the following purposes in connection with the operations of United States trustees--

      ‘(1) salaries and related employee benefits;

      ‘(2) travel and transportation;

      ‘(3) rental of space;

      ‘(4) communication, utilities, and miscellaneous computer charges;

      ‘(5) security investigations and audits;

      ‘(6) supplies, books, and other materials for legal research;

      ‘(7) furniture and equipment;

      ‘(8) miscellaneous services, including those obtained by contract; and

      ‘(9) printing.

    ‘(b) For the purpose of recovering the cost of services of the United States Trustee System, there shall be deposited as offsetting collections to the appropriation ‘United States Trustee System Fund’, to remain available until expended, the following--

      ‘(1) 23.08 percent of the fees collected under section 1930(a)(1) of this title;

      ‘(2) one-half of the fees collected under section 1930(a)(3) of this title;

      ‘(3) one-half of the fees collected under section 1930(a)(4) of this title;

      ‘(4) one-half of the fees collected under section 1930(a)(5) of this title;

      ‘(5) 100 percent of the fees collected under section 1930(a)(6) of this title;

      ‘(6) three-fourths of the fees collected under the last sentence of section 1930(a) of this title;

      ‘(7) the compensation of trustees received under section 330(d) of title 11 by the clerks of the bankruptcy courts; and

      ‘(8) excess fees collected under section 586(e)(2) of this title.

    ‘(c) Amounts in the Fund which are not currently needed for the purposes specified in subsection (a) shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.

    ‘(d) The Attorney General shall transmit to the Congress, not later than 120 days after the end of each fiscal year, a detailed report on the amounts deposited in the Fund and a description of expenditures made under this section.

    ‘(e) There are authorized to be appropriated to the Fund for any fiscal year such sums as may be necessary to supplement amounts deposited under subsection (b) for the purposes specified in subsection (a).’.

    (c) Notwithstanding any other provision of law or of this Act, the amendments to 28 U.S.C. 589a made by subsection (b) of this section shall take effect upon enactment of this Act.

    (d) Section 101(a) of Public Law 104-91, as amended by section 211 of Public Law 104-99, is further amended by inserting ‘: Provided further, That, notwithstanding any other provision of law, the fees under 28 U.S.C. 1930(a)(6) shall accrue and be payable from and after January 27, 1996, in all cases (including, without limitation, any cases pending as of that date), regardless of confirmation status of their plans’ after ‘enacted into law’.

    SEC. 110. Public Law 103-414 (108 Stat. 4279) is amended by inserting at its conclusion a new title IV, as follows:

‘TITLE IV--TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS

‘SEC. 401. DEPARTMENT OF JUSTICE TELECOMMUNICATIONS CARRIER COMPLIANCE FUND.

    ‘(a) ESTABLISHMENT OF FUND- There is hereby established in the United States Treasury a fund to be known as the Department of Justice Telecommunications Carrier Compliance Fund (hereafter referred to as ‘the Fund’), which shall be available without fiscal year limitation to the Attorney General for making payments to telecommunications carriers, equipment manufacturers, and providers of telecommunications support services pursuant to section 109 of this Act.

    ‘(b) DEPOSITS TO THE FUND- Notwithstanding any other provision of law, any agency of the United States with law enforcement or intelligence responsibilities may deposit as offsetting collections to the Fund any unobligated balances that are available until expended, upon compliance with any Congressional notification requirements for reprogrammings of funds applicable to the appropriation from which the deposit is to be made.

    ‘(c) Termination-

      ‘(1) The Attorney General may terminate the Fund at such time as the Attorney General determines that the Fund is no longer necessary.

      ‘(2) Any balance in the Fund at the time of its termination shall be deposited in the General Fund of the Treasury.

      ‘(3) A decision of the Attorney General to terminate the Fund shall not be subject to judicial review.

    ‘(d) AVAILABILITY OF FUNDS FOR EXPENDITURE- Funds shall not be available for obligation unless an implementation plan as set forth in subsection (e) is submitted to each member of the Committees on the Judiciary and Appropriations of both the House of Representatives and the Senate and the Congress does not, by law block or prevent the obligation of such funds. Such funds shall be treated as a reprogramming of funds under section 605 of the Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section and this section.

    ‘(e) IMPLEMENTATION PLAN- The implementation plan shall include:

      ‘(1) the law enforcement assistance capability requirements and an explanation of law enforcement’s recommended interface:

      ‘(2) the proposed actual and maximum capacity requirements regarding the number of simultaneous law enforcement communication intercepts, pen registers, and trap and traces devices that authorized agencies may seek to conduct as well as a detailed county by county listing for wireline services and a detailed market service area listing for wireless of the relevant historical baseline electronic surveillance activity on which the proposed capacity requirements are based;

      ‘(3) a detailed county by county listing of proposed actual and maximum capacity requirements for wireline services and a detailed market service area listing of proposed actual and maximum capacity requirements for wireless mobile services;

      ‘(4) a prioritized list of embedded based technologies (those deployed prior to January 1, 1995) to be modified by carriers, if necessary, in accordance with law enforcement’s investigative needs and the impact on electronic surveillance capabilities;

      ‘(5) a projected reimbursement plan that estimates for the coming fiscal year and for each fiscal year thereafter, based upon the prioritization of law enforcement needs as outlined in (4), those embedded based technologies for modification by carriers, if necessary.’

    SEC. 111. It is the sense of the Congress that the Drug Enforcement Administration, together with other appropriate Federal agencies, should take such actions as may be necessary to end the illegal importation into the United States of Rohypnol (flunitrazepam), a drug frequently distributed with the intent to facilitate sexual assault and rape.

    SEC. 112. Section 1402 of the Victims of Crime Act of 1984, as amended (42 U.S.C. 10601), is amended at subsection (e) by deleting ‘2’ and inserting ‘3’, and at subsection (d) by adding a new paragraph (5) as follows:

      ‘(5) The Director may set aside up to $500,000 of the reserve fund described in paragraph (4) to make supplemental grants to United States Attorneys Offices to provide necessary assistance to victims of the bombing of the Alfred P. Murrah Federal Building in Oklahoma City, to facilitate observation of and/or participation by such victims in trial proceedings arising therefrom, including, without limitation, provision of lodging and travel assistance, and to pay such other, related expenses determined to be necessary by the Director.’.

SEC. 113. TAGGANTS.

    (a) Public Law 104-132 is amended by deleting section 732(a)(2) regarding exclusions and inserting after section 732(e)(2):

      ‘(3) For purposes of this subsection, explosive material does not include smokeless or black powder manufactured for uses set forth in 18 U.S.C. 845(a) (4) and (5).’.

    (b) Public Law 104-132 is amended by deleting section 732(d) regarding hearings.

    (c) Public Law 104-132 section 732(e)(2) is amended by deleting ‘270’ and inserting ‘90’.

SEC. 114. MULTIPOINT WIRETAPS.

    (a) Section 2518(11)(b)(ii) of title 18, United States Code is amended by deleting ‘of a purpose, on the part of that person, to thwart interception by changing facilities’ and inserting ‘that the person had the intent to thwart interception or that the person’s actions and conduct would have the effect of thwarting interception from a specified facility’.

    (b) Section 2518(11)(b)(iii) is amended to read: ‘(iii) the judge finds that such showing has been adequately made.’.

    (c) The amendments made by subsection (a) and (b) of this amendment shall be effective 1 day after the enactment of this Act.

SEC. 115. AUTHORIZATION FOR INTERCEPTIONS OF COMMUNICATIONS IN CERTAIN TERRORISM RELATED OFFENSES.

    Section 2516(1) of title 18, United States Code, is amended--

      (1) in paragraph (c)--

        (A) by inserting before ‘or section 1992 (relating to wrecking trains)’ the following: ‘section 2332 (relating to terrorist acts abroad), section 2332a (relating to weapons of mass destruction), section 2332b (relating to acts of terrorism transcending national boundaries), section 2339A (relating to providing material support to terrorists), section 37 (relating to violence at international airports),’; and

        (B) by inserting after ‘section 175 (relating to biological weapons),’ the following: ‘or a felony violation under section 1028 (relating to production of false identification documentation), sections 1541, 1542, 1543, 1544, and 1546 (relating to passport and visa offenses),’;

      (2) by striking ‘and’ at the end of paragraph (n);

      (3) by redesignating paragraph (o) as paragraph (q); and

      (4) by inserting after paragraph (n) the following new subparagraphs:

    ‘(o) any violation of section 956 or section 960 of title 18, United States Code (relating to certain actions against foreign nations);

    ‘(p) any violation of section 46502 of title 49, United States Code; and’.

    This title may be cited as the ‘Department of Justice Appropriations Act, 1997’.

TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

Trade and Infrastructure Development

RELATED AGENCIES

Office of the United States Trade Representative

SALARIES AND EXPENSES

    For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by 5 U.S.C. 3109, $21,449,000, of which $2,500,000 shall remain available until expended:

Provided, That not to exceed $98,000 shall be available for official reception and representation expenses.

International Trade Commission

SALARIES AND EXPENSES

    For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and representation expenses, $40,850,000, to remain available until expended.

DEPARTMENT OF COMMERCE

International Trade Administration

OPERATIONS AND ADMINISTRATION

    For necessary expenses for international trade activities of the Department of Commerce provided for by law, and engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to 44 U.S.C. 3702 and 3703; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the United States and Foreign Commercial Service between two points abroad, without regard to 49 U.S.C. 1517; employment of Americans and aliens by contract for services; rental of space abroad for periods not exceeding ten years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; not to exceed $327,000 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $30,000 per vehicle; obtain insurance on official motor vehicles; and rent tie lines and teletype equipment; $270,000,000, to remain available until expended: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities without regard to section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act shall include payment for assessments for services provided as part of these activities.

Export Administration

OPERATIONS AND ADMINISTRATION

    For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services abroad; rental of space abroad for periods not exceeding ten years, and expenses of alteration, repair, or improvement; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; not to exceed $15,000 for official representation expenses abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); purchase of passenger motor vehicles for official use and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price limitation otherwise established by law; $36,000,000, to remain available until expended: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further, That payments and contributions collected and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments.

    For an additional amount for nonproliferation efforts to prevent illegal exports of chemical weapon precursors, biological agents, nuclear weapons and missile development equipment, $3,900,000, to remain available until expended: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Economic Development Administration

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

    For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965, as amended, Public Law 91-304, and such laws that were in effect immediately before September 30, 1982, and for trade adjustment assistance, $328,500,000: Provided, That none of the funds appropriated or otherwise made available under this heading may be used directly or indirectly for attorneys’ or consultants’ fees in connection with securing grants and contracts made by the Economic Development Administration: Provided further, That, notwithstanding any other provision of law, the Secretary of Commerce may provide financial assistance for projects to be located on military installations closed or scheduled for closure or realignment to grantees eligible for assistance under the Public Works and Economic Development Act of 1965, as amended, without it being required that the grantee have title or ability to obtain a lease for the property, for the useful life of the project, when in the opinion of the Secretary of Commerce, such financial assistance is necessary for the economic development of the area: Provided further, That the Secretary of Commerce may, as the Secretary considers appropriate, consult with the Secretary of Defense regarding the title to land on military installations closed or scheduled for closure or realignment.

SALARIES AND EXPENSES

    For necessary expenses of administering the economic development assistance programs as provided for by law, $20,036,000: Provided, That these funds may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976, as amended, title II of the Trade Act of 1974, as amended, and the Community Emergency Drought Relief Act of 1977.

Minority Business Development Agency

MINORITY BUSINESS DEVELOPMENT

    For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with public or private organizations, $28,000,000: Provided, That of the total amount provided, $2,000,000 shall be available for obligation and expenditure only for projects jointly developed, implemented and administered with the Small Business Administration.

Economic and Information Infrastructure

Economic and Statistical Analysis

SALARIES AND EXPENSES

    For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $45,900,000, to remain available until September 30, 1998.

ECONOMICS AND STATISTICS ADMINISTRATION REVOLVING FUND

    The Secretary of Commerce is authorized to disseminate economic and statistical data products as authorized by sections 1, 2, and 4 of Public Law 91-412 (15 U.S.C. 1525-1527) and, notwithstanding section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912), charge fees necessary to recover the full costs incurred in their production. Notwithstanding 31 U.S.C. 3302, receipts received from these data dissemination activities shall be credited to this account, to be available for carrying out these purposes without further appropriation.

Bureau of the Census

SALARIES AND EXPENSES

    For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $135,000,000.

PERIODIC CENSUSES AND PROGRAMS

    For expenses necessary to collect and publish statistics for periodic censuses and programs provided for by law, $210,500,000, to remain available until expended.

National Telecommunications and Information Administration

SALARIES AND EXPENSES

    For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration, $15,000,000 to remain available until expended: Provided, That notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, and operations, and related services and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended: Provided further, That hereafter, notwithstanding any other provision of law, NTIA shall not authorize spectrum use or provide any spectrum functions pursuant to the NTIA Organization Act, 47 U.S.C. 902-903, to any Federal entity without reimbursement as required by NTIA for such spectrum management costs, and Federal entities withholding payment of such cost shall not use spectrum: Provided further, That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of the NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended.

PUBLIC BROADCASTING FACILITIES, PLANNING AND CONSTRUCTION

    For grants authorized by section 392 of the Communications Act of 1934, as amended, $15,250,000, to remain available until expended as authorized by section 391 of the Act, as amended: Provided, That not to exceed $1,500,000 shall be available for program administration as authorized by section 391 of the Act: Provided further, That notwithstanding the provisions of section 391 of the Act, the prior year unobligated balances may be made available for grants for projects for which applications have been submitted and approved during any fiscal year.

INFORMATION INFRASTRUCTURE GRANTS

    For grants authorized by section 392 of the Communications Act of 1934, as amended, $21,490,000, to remain available until expended as authorized by section 391 of the Act, as amended: Provided, That not to exceed $3,000,000 shall be available for program administration and other support activities as authorized by section 391: Provided further, That of the funds appropriated herein, not to exceed 5 percent may be available for telecommunications research activities for projects related directly to the development of a national information infrastructure: Provided further, That notwithstanding the requirements of section 392(a) and 392(c) of the Act, these funds may be used for the planning and construction of telecommunications networks for the provision of educational, cultural, health care, public information, public safety, or other social services.

Patent and Trademark Office

SALARIES AND EXPENSES

    For necessary expenses of the Patent and Trademark Office provided for by law, including defense of suits instituted against the Commissioner of Patents and Trademarks, $61,252,000, to remain available until expended: Provided, That the funds made available under this heading are to be derived from deposits in the Patent and Trademark Office Fee Surcharge Fund as authorized by law: Provided further, That the amounts made available under the Fund shall not exceed amounts deposited; and such fees as shall be collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, shall remain available until expended.

Science and Technology

Technology Administration

UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY POLICY

    For necessary expenses for the Under Secretary for Technology/Office of Technology Policy, $7,500,000: Provided, That $1,250,000 of the total amount provided under this heading shall be available to support the United States-Israel Science and Technology Commission.

National Institute of Standards and Technology

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

    For necessary expenses of the National Institute of Standards and Technology, $268,000,000, to remain available until expended, of which not to exceed $1,625,000 may be transferred to the ‘Working Capital Fund’.

INDUSTRIAL TECHNOLOGY SERVICES

For necessary expenses of the Manufacturing Extension Partnership of the National Institute of Standards and Technology, $95,000,000, to remain available until expended, of which not to exceed $300,000 may be transferred to the ‘Working Capital Fund’: Provided, That notwithstanding the time limitations imposed by 15 U.S.C. 278k(c) (1) and (5) on the duration of Federal financial assistance that may be awarded by the Secretary of Commerce to Regional Centers for the transfer of Manufacturing Technology (‘Centers’), such Federal financial assistance for a Center may continue beyond six years and may be renewed for additional periods, not to exceed one year each, at a rate not to exceed one-third of the Center’s total annual costs, subject before any such renewal to a positive evaluation of the Center and to a finding by the Secretary of Commerce that continuation of Federal funding to the Center is in the best interest of the Regional Centers for the transfer of Manufacturing Technology Program.

    In addition, for necessary expenses of the Advanced Technology Program of the National Institute of Standards and Technology, $110,500,000, to remain available until expended, of which not to exceed $500,000 may be transferred to the ‘Working Capital Fund’: Provided, That funds made available under this heading may only be used for the purposes of providing continuation grants.

National Oceanic and Atmospheric Administration

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including acquisition, maintenance, operation, and hire of aircraft; not to exceed 358 commissioned officers on the active list; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and alteration, modernization, and relocation of facilities as authorized by 33 U.S.C. 883i; $1,848,067,000, to remain available until expended: Provided, That notwithstanding 31 U.S.C. 3302 but consistent with other existing law, fees shall be assessed, collected, and credited to this appropriation as offsetting collections to be available until expended, to recover the costs of administering aeronautical charting programs: Provided further, That the sum herein appropriated from the general fund shall be reduced as such additional fees are received during fiscal year 1997, so as to result in a final general fund appropriation estimated at not more than $1,845,067,000: Provided further, That any such additional fees received in excess of $3,000,000 in fiscal year 1997 shall not be available for obligation until October 1, 1997: Provided further, That fees and donations received by the National Ocean Service for the management of the national marine sanctuaries may be retained and used for the salaries and expenses associated with those activities, notwithstanding 31 U.S.C. 3302: Provided further, That in addition, $66,000,000 shall be derived by transfer from the fund entitled ‘Promote and Develop Fishery Products and Research Pertaining to American Fisheries’: Provided further, That grants to States pursuant to sections 306 and 306A of the Coastal Zone Management Act of 1972, as amended, shall not exceed $2,000,000.

COASTAL ZONE MANAGEMENT FUND

    Of amounts collected pursuant to section 308 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed $7,800,000, for purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 315(e) of such Act.

CONSTRUCTION

For repair and modification of, and additions to, existing facilities and construction of new facilities, and for facility planning and design and land acquisition not otherwise provided for the National Oceanic and Atmospheric Administration, $49,750,000, to remain available until expended.

FLEET MODERNIZATION, SHIPBUILDING AND CONVERSION

For expenses necessary for the repair, acquisition, leasing, or conversion of vessels, including related equipment to maintain and modernize the existing fleet and to continue planning the modernization of the fleet, for the National Oceanic and Atmospheric Administration, $8,000,000, to remain available until expended.

FISHING VESSEL AND GEAR DAMAGE COMPENSATION FUND

For carrying out the provisions of section 3 of Public Law 95-376, not to exceed $200,000, to be derived from receipts collected pursuant to subsections (b) and (f) of section 10 of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1980), to remain available until expended.

FISHERMEN’S CONTINGENCY FUND

For carrying out the provisions of title IV of Public Law 95-372, not to exceed $1,000,000, to be derived from receipts collected pursuant to that Act, to remain available until expended.

FOREIGN FISHING OBSERVER FUND

For expenses necessary to carry out the provisions of the Atlantic Tunas Convention Act of 1975, as amended (Public Law 96-339), the Magnuson Fishery Conservation and Management Act of 1976, as amended (Public Law 100-627), and the American Fisheries Promotion Act (Public Law 96-561), to be derived from the fees imposed under the foreign fishery observer program

authorized by these Acts, not to exceed $196,000, to remain available until expended.

FISHING VESSEL OBLIGATIONS GUARANTEES

For the cost of guaranteed loans, $250,000, as authorized by the Merchant Marine Act of 1936, as amended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That none of the funds made available under this heading may be used to guarantee loans for any new fishing vessel that will increase the harvesting capacity in any United States fishery.

General Administration

SALARIES AND EXPENSES

    For expenses necessary for the general administration of the Department of Commerce provided for by law, including not to exceed $3,000 for official entertainment, $28,490,000.

OFFICE OF INSPECTOR GENERAL

    For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended (5 U.S.C. App. 1-11 as amended by Public Law 100-504), $20,140,000.

National Institute of Standards and Technology

CONSTRUCTION OF RESEARCH FACILITIES

(RESCISSION)

    Of the obligated and unobligated balances available under this heading, $16,000,000 are rescinded.

National Oceanic and Atmospheric Administration

OPERATIONS, RESEARCH, AND FACILITIES

(RESCISSION)

    Of the unobligated balances available under this heading, $20,000,000 are rescinded.

General Provisions--Department of Commerce

    SEC. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest.

    SEC. 202. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902).

    SEC. 203. None of the funds made available by this Act may be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve.

    SEC. 204. None of the funds provided in this or any previous Act, or hereinafter made available to the Department of Commerce, shall be available to reimburse the Unemployment Trust Fund or any other fund or account of the Treasury to pay for any expenses paid before October 1, 1992, as authorized by section 8501 of title 5, United States Code, for services performed after April 20, 1990, by individuals appointed to temporary positions within the Bureau of the Census for purposes relating to the 1990 decennial census of population.

    SEC. 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

    SEC. 206. (a) Should legislation be enacted to dismantle or reorganize the Department of Commerce, the Secretary of Commerce, no later than 90 days thereafter, shall submit to the Committees on Appropriations of the House and the Senate a plan for transferring funds provided in this Act to the appropriate successor organizations: Provided, That the plan shall include a proposal for transferring or rescinding funds appropriated herein for agencies or programs terminated under such legislation: Provided further, That such plan shall be transmitted in accordance with section 605 of this Act.

    (b) The Secretary of Commerce or the appropriate head of any successor organization(s) may use any available funds to carry out legislation dismantling or reorganizing the Department of Commerce to cover the costs of actions relating to the abolishment, reorganization, or transfer of functions and any related personnel action, including voluntary separation incentives if authorized by such legislation: Provided, That the authority to transfer funds between appropriations accounts that may be necessary to carry out this section is provided in addition to authorities included under section 205 of this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

    SEC. 207. Any costs incurred by a Department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title shall be absorbed within the total budgetary resources available to such Department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

    SEC. 208. None of the funds appropriated under this Act or any other Act henceforth may be used to develop new fishery management plans, amendments, or regulations which create new individual fishing quota programs (whether such quotas are transferable or not) to implement any such plans, amendments, or regulations approved by a Regional Fishery Management Council or the Secretary after January 4, 1995, until offsetting fees to pay for the cost of administering such plans, amendments, or regulations are expressly authorized under the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). This restriction shall also apply to any program relating to the Gulf of Mexico commercial red snapper fishery that authorizes the consolidation of licenses, permits, or endorsements that result in different trip limits for vessels in the same class. This restriction shall not apply any way to the North Pacific halibut and sablefish, South Atlantic wreckfish, or the Mid-Atlantic surfclam and ocean (including mahogany) quohog individual quota programs. The term ‘individual fishing quota’ does not include a community development quota.

    SEC. 209. The Secretary may award contracts for hydrographic, geodetic, and photogrammetric surveying and mapping services in accordance with title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).

    SEC. 210. There is hereby established the Bureau of the Census Working Capital Fund, which shall be available without fiscal year limitation, for expenses and equipment necessary for the maintenance and operation of such services and projects as the Director of the Census Bureau determines may be performed more advantageously when centralized: Provided, That such central services shall, to the fullest extent practicable, be used to make unnecessary the maintenance of separate like services in the divisions and offices of the Bureau: Provided further, That a separate schedule of expenditures and reimbursements, and a statement of the current assets and liabilities of the Working Capital Fund as of the close of the last completed fiscal year, shall be prepared each year: Provided further, That notwithstanding 31 U.S.C. 3302, the Working Capital Fund may be credited with advances and reimbursements from applicable appropriations of the Bureau and from funds of other agencies or entities for services furnished pursuant to law: Provided further, That any inventories, equipment, and other assets pertaining to the services to be provided by such funds, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made hereafter for the purpose of providing capital, shall be used to capitalize the Working Capital Fund: Provided further, That the Working Capital Fund shall provide for centralized services at rates which will return in full all expenses of operation, including

depreciation of fund plant and equipment, amortization of automated data processing software and hardware systems, and an amount necessary to maintain a reasonable operating reserve as determined by the Director.

    This title may be cited as the ‘Department of Commerce and Related Agencies Appropriations Act, 1997’.

TITLE III--THE JUDICIARY

Supreme Court of the United States

SALARIES AND EXPENSES

    For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including purchase or hire, driving, maintenance, and operation of an automobile for the Chief Justice, not to exceed $10,000 for the purpose of transporting Associate Justices, and hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve; $27,157,000.

CARE OF THE BUILDING AND GROUNDS

    For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon him by the Act approved May 7, 1934 (40 U.S.C. 13a-13b), $2,800,000, of which $260,000 shall remain available until expended.

United States Court of Appeals for the Federal Circuit

SALARIES AND EXPENSES

    For salaries of the chief judge, judges, and other officers and employees, and for necessary expenses of the court, as authorized by law, $15,013,000.

United States Court of International Trade

SALARIES AND EXPENSES

    For salaries of the chief judge and eight judges, salaries of the officers and employees of the court, services as authorized by 5 U.S.C. 3109, and necessary expenses of the court, as authorized by law, $11,114,000.

Courts of Appeals, District Courts, and Other Judicial Services

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

    For the salaries of circuit and district judges (including judges of the territorial courts of the United States), justices and judges retired from office or from regular active service, judges of the United States Court of Federal Claims, bankruptcy judges, magistrate judges, and all other officers and employees of the Federal Judiciary not otherwise specifically provided for, and necessary expenses of the courts, as authorized by law, $2,556,000,000 (including the purchase of firearms and ammunition); of which not to exceed $13,454,000 shall remain available until expended for space alteration projects; of which $500,000 shall be transferred to the Commission on Structural Alternatives for the Federal Courts of Appeals only after legislation is enacted to establish the commission; of which not to exceed $10,000,000 shall remain available until expended for furniture and furnishings related to new space alteration and construction projects; and of which $500,000 is to remain available until expended for acquisition of books, periodicals, and newspapers, and all other legal reference materials, including subscriptions.

    In addition, for expenses of the United States Court of Federal Claims associated with processing cases under

the National Childhood Vaccine Injury Act of 1986, not to exceed $2,390,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.

    For an additional amount for expenses relating to additional workload from the Antiterrorism and Effective Death Penalty Act of 1996, and for Court Security needs, $10,000,000, to remain available until expended: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the amount not previously designated by the President as an emergency requirement shall be available only to the extent an official budget request, for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement, as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted to Congress.

VIOLENT CRIME REDUCTION PROGRAMS

    For activities of the Federal Judiciary as authorized by law, $30,000,000, to remain available until expended, which shall be derived from the Violent Crime Reduction Trust Fund, as authorized by section 190001(a) of Public Law 103-322.

DEFENDER SERVICES

    For the operation of Federal Public Defender and Community Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to represent persons under the Criminal Justice Act of 1964, as amended; the compensation and reimbursement of expenses of persons furnishing investigative, expert and other services under the Criminal Justice Act (18 U.S.C. 3006A(e)); the compensation (in accordance with Criminal Justice Act maximums) and reimbursement of expenses of attorneys appointed to assist the court in criminal cases where the defendant has waived representation by counsel; the compensation and reimbursement of travel expenses of guardians ad litem acting on behalf of financially eligible minor or incompetent offenders in connection with transfers from the United States to foreign countries with which the United States has a treaty for the execution of penal sentences; and the compensation of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d); $308,000,000, to remain available until expended as authorized by 18 U.S.C. 3006A(i).

FEES OF JURORS AND COMMISSIONERS

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876; compensation of jury commissioners as authorized by 28 U.S.C. 1863; and compensation of commissioners appointed in condemnation cases pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)); $67,000,000, to remain available until expended: Provided, That the compensation of land commissioners shall not exceed the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code.

COURT SECURITY

    For necessary expenses, not otherwise provided for, incident to the procurement, installation, and maintenance of security equipment and protective services for the United States Courts in courtrooms and adjacent areas, including building ingress-egress control, inspection of packages, directed security patrols, and other similar activities as authorized by section 1010 of the Judicial Improvement and Access to Justice Act (Public Law 100-702); $127,000,000, to be expended directly or transferred to the United States Marshals Service which shall be responsible for administering elements of the Judicial Security Program consistent with standards or guidelines agreed to by the Director of the Administrative Office of the United States Courts and the Attorney General.

Administrative Office of the United States Courts

SALARIES AND EXPENSES

    For necessary expenses of the Administrative Office of the United States Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 U.S.C. 1343(b), advertising and rent in the District of Columbia and elsewhere, $49,450,000, of which not to exceed $7,500 is authorized for official reception and representation expenses.

Federal Judicial Center

SALARIES AND EXPENSES

    For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90-219, $17,495,000; of which $1,800,000 shall remain available through September 30, 1998, to provide education and training to Federal court personnel; and of which not to

exceed $1,000 is authorized for official reception and representation expenses.

Judicial Retirement Funds

PAYMENT TO JUDICIARY TRUST FUNDS

    For payment to the Judicial Officers’ Retirement Fund, as authorized by 28 U.S.C. 377(o), $21,000,000, to the Judicial Survivors’ Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,300,000, and to the United States Court of Federal Claims Judges’ Retirement Fund, as authorized by 28 U.S.C. 178(l), $1,900,000.

United States Sentencing Commission

SALARIES AND EXPENSES

    For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $8,490,000, of which not to exceed $1,000 is authorized for official reception and representation expenses.

General Provisions--The Judiciary

    SEC. 301. Appropriations and authorizations made in this title which are available for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109.

    SEC. 302. Appropriations made in this title shall be available for salaries and expenses of the Special Court established under the Regional Rail Reorganization Act of 1973, Public Law 93-236.

    SEC. 303. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Judiciary in this Act may be transferred between such appropriations, but no such appropriation, except ‘Courts of Appeals, District Courts, and other Judicial Services, Defender Services’ and ‘Courts of Appeals, District Courts, and other Judicial Services, Fees of Jurors and Commissioners’, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

    SEC. 304. Notwithstanding any other provision of law, the salaries and expenses appropriation for district courts, courts of appeals, and other judicial services shall be available for official reception and representation expenses of the Judicial Conference of the United States: Provided, That such available funds shall not exceed $10,000 and shall be administered by the Director of the Administrative Office of the United States Courts in his capacity as Secretary of the Judicial Conference.

    SEC. 305. Section 612(l) of title 28, United States Code, shall be amended as follows: strike ‘1997’, and insert in lieu thereof ‘1998’.

    SEC. 306. None of the funds available to the Judiciary in fiscal years 1996 and 1997 and hereafter shall be available for expenses authorized pursuant to section 802(a) of title VIII of section 101(a) of title I of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, Public Law 104-134, for costs related to the appointment of Special Masters prior to April 26, 1996.

    SEC. 307. (a) Establishment and Functions of Commission-

      (1) ESTABLISHMENT- There is established a Commission on Structural Alternatives for the Federal Courts of Appeals (hereinafter referred to as the ‘Commission’).

      (2) FUNCTIONS- The function of the Commission shall be to--

        (A) study the present division of the United States into the several judicial circuits;

        (B) study the structure and alignment of the Federal courts of appeals with particular reference to the ninth circuit; and

        (C) report to the President and Congress its recommendations for such changes in circuit boundaries or structure as may be appropriate for the expeditious and effective disposition of the caseload of the Federal Courts of Appeal, consistent with fundamental concepts of fairness and due process.

    (b) Membership-

      (1) COMPOSITION- The Commission shall be composed of eleven members appointed as follows:

        (A) Two members appointed by the President of the United States.

        (B) Three members appointed by the majority leader of the Senate, in consultation with the minority leader of the Senate.

        (C) Three members appointed by the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives.

        (D) Three members appointed by the Chief Justice of the United States Supreme Court.

      (2) VACANCY- Any vacancy in the Commission shall be filled in the same manner as the original appointment.

      (3) CHAIR- The Commission shall elect a Chair and Vice Chair from among its members.

      (4) QUORUM- Six members of the Commission shall constitute a quorum, but three may conduct hearings.

    (c) COMPENSATION-

      (1) IN GENERAL- Members of the Commission who are officers, or full-time employees, of the United States shall receive no compensation for their services, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code.

      (2) PRIVATE MEMBERS- Members of the Commission from private life shall receive $200 per diem for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code.

    (d) PERSONNEL-

      (1) EXECUTIVE DIRECTOR- The Commission may appoint an Executive Director who shall receive compensation at a rate not exceeding the rate prescribed for level V of the Executive Schedule under section 5316 of title V, United States Code.

      (2) STAFF- The Executive Director, with approval of the Commission, may appoint and fix the compensation of such additional personnel as he determines necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. Compensation under this subsection shall not exceed the annual maximum rate of basic pay for a position above GS-15 of the General Schedule under section 5108 of title 5, United States Code.

      (3) EXPERTS AND CONSULTANTS- The Executive Director may procure personal services of experts and consultants as authorized by section 3109 of title 5, United States Code, at rates not to exceed the highest level payable under the General Schedule pay rates under section 5332 of title 5, United States Code.

      (4) SERVICES- The Administrative Office of the United States Courts shall provide administrative services, including financial and budgeting services, for the Commission on a reimbursable basis. The Federal Judicial Center shall provide necessary research services on a reimbursable basis.

    (e) INFORMATION- The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance it determines necessary to carry out its functions under this title and each such department, agency, and independent instrumentality is authorized to provide such information and assistance to the extent permitted by law when requested by the Chair of the Commission.

    (f) REPORT- The Commission shall transmit its report to the President and the Congress no later than one year after enactment of this Act. The Commission shall terminate ninety days after the date of the submission of its report.

    (g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Commission such sums, not to exceed $500,000, as may be necessary to carry out the purposes of this title. Such sums as are appropriated shall remain available until expended.

    (h) CONGRESSIONAL CONSIDERATION- Within sixty days of the transmission of the report, the Committee on the Judiciary of the Senate shall act on the report.

    This title may be cited as ‘The Judiciary Appropriations Act, 1997’.

TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

DEPARTMENT OF STATE

Administration of Foreign Affairs

DIPLOMATIC AND CONSULAR PROGRAMS

    For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, including expenses authorized by the State Department Basic Authorities Act of 1956, as amended; representation to certain international organizations in which the United States participates pursuant to treaties, ratified pursuant to the advice and consent of the Senate, or specific Acts of Congress; acquisition by exchange or purchase of passenger motor vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and 22 U.S.C. 2674; and for expenses of general administration; $1,700,450,000: Provided, That notwithstanding section 140(a)(5), and the second sentence of section 140(a)(3), of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236), not to exceed $150,000,000 of fees may be collected during fiscal year 1997 under the authority of section 140(a)(1) of that Act: Provided further, That all fees collected under the preceding proviso shall be deposited in fiscal year 1997 as an offsetting collection to appropriations made under this heading to recover the costs of providing consular services and shall remain available until expended: Provided further, That in fiscal year 1998, a system shall be in place that allocates to each department and agency the full cost of its presence outside of the United States.

    Of the funds provided under this heading, $24,856,000 shall be available only for the Diplomatic Telecommunications Service for operation of existing base services and not to exceed $17,230,000 shall be available only for the enhancement of the Diplomatic Telecommunications Service and shall remain available until expended. Of the latter amount, $2,500,000 shall not be made available until expiration of the 15 day period beginning on the date when the Secretary of State and the Director of the Diplomatic Telecommunications Service submit the pilot program report required by section 507 of Public Law 103-317.

    In addition, not to exceed $700,000 in registration fees collected pursuant to section 38 of the Arms Export Control Act, as amended, may be used in accordance with section 45 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2717); and in addition not to exceed $1,223,000 shall be derived from fees collected from other executive agencies for lease or use of facilities located at the International Center in accordance with section 4 of the International Center Act (Public Law 90-553), as amended; and in addition, as authorized by section 5 of such Act, $450,000, to be derived from the reserve authorized by that section, to be used for the purposes set out in that section; and in addition not to exceed $15,000 which shall be derived from reimbursements, surcharges, and fees for use of Blair House facilities in accordance with section 46 of the State of Department Basic Authorities Act of 1956 (22 U.S.C. 2718(a)).

    Notwithstanding section 402 of this Act, not to exceed 20 percent of the amounts made available in this Act in the appropriation accounts ‘Diplomatic and Consular Programs’ and ‘Salaries and Expenses’ under the heading ‘Administration of Foreign Affairs’ may be transferred between such appropriation accounts: Provided, That any transfer pursuant to this sentence shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

    For an additional amount for counterterrorism requirements overseas, including security guards and equipment, $23,700,000, to remain available until expended: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

SALARIES AND EXPENSES

    For expenses necessary for the general administration of the Department of State and the Foreign Service, provided for by law, including expenses authorized by section 9 of the Act of August 31, 1964, as amended (31

U.S.C. 3721), and the State Department Basic Authorities Act of 1956, as amended, $352,300,000.

CAPITAL INVESTMENT FUND

    For necessary expenses of the Capital Investment Fund, $24,600,000, to remain available until expended, as authorized in Public Law 103-236: Provided, That section 135(e) of Public Law 103-236 shall not apply to funds appropriated under this heading.

OFFICE OF INSPECTOR GENERAL

    For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended (5 U.S.C. App.), $27,495,000, notwithstanding section 209(a)(1) of the Foreign Service Act of 1980, as amended (Public Law 96-465), as it relates to post inspections: Provided, That notwithstanding any other provision of law, the merger of the Office of the Inspector General of the United States Information Agency with the Office of the Inspector General of the Department of State provided for in the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1996, contained in Public Law 104-134, is effective hereafter.

REPRESENTATION ALLOWANCES

    For representation allowances as authorized by section 905 of the Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $4,490,000.

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

    For expenses, not otherwise provided, to enable the Secretary of State to provide for extraordinary protective services in accordance with the provisions of section 214 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,332,000, to remain available until September 30, 1998.

SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS

    For necessary expenses for carrying out the Foreign Service Buildings Act of 1926, as amended (22 U.S.C. 292-300), and the Diplomatic Security Construction Program as authorized by title IV of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4851), $364,495,000, to remain available until expended as authorized by section 24(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)): Provided, That none of the funds appropriated in this paragraph shall be available for acquisition of furniture and furnishings and generators for other departments and agencies.

    For an additional amount for security improvements, necessary relocation expenses, and security equipment for United States diplomatic facilities and missions overseas, $24,825,000, to remain available until expended: Provided, That of this amount $9,400,000 is for security projects on behalf of United States and Foreign Commercial Service missions and $1,125,000 is for security projects on behalf of United States Information Agency missions: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(6)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the amount not previously designated by the President as an emergency requirement shall be available only to the extent an official budget request, for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement, as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted to Congress.

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

    For expenses necessary to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service pursuant to the requirement of 31 U.S.C. 3526(e), $5,800,000, to remain available until expended as authorized by section 24(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)), of which not to exceed $1,000,000 may be transferred to and merged with the Repatriation Loans Program Account, subject to the same terms and conditions.

REPATRIATION LOANS PROGRAM ACCOUNT

    For the cost of direct loans, $593,000, as authorized by section 4 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671): Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, for administrative expenses necessary to carry out the direct loan program, $663,000 which may be transferred to and merged with the Salaries and Expenses account under Administration of Foreign Affairs.

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

    For necessary expenses to carry out the Taiwan Relations Act, Public Law 96-8 (93 Stat. 14), $14,490,000.

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

    For payment to the Foreign Service Retirement and Disability Fund, as authorized by law, $126,491,000.

International Organizations and Conferences

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

    For expenses, not otherwise provided for, necessary to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and consent of the Senate, conventions or specific Acts of Congress, $875,000,000: Provided, That any payment of arrearages shall be directed toward special activities that are mutually agreed upon by the United States and the respective international organization: Provided further, That 20 percent of the funds appropriated in this paragraph for the assessed contribution of the United States to the United Nations shall be withheld from obligation and expenditure until a certification is made under section 401(b) of Public Law 103-236 for fiscal year 1997: Provided further, That certification under section 401(b) of Public Law 103-236 for fiscal year 1997 may only be made if the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and International Relations of the House of Representatives are notified of the steps taken, and anticipated, to meet the requirements of section 401(b) of Public Law 103-236 at least 15 days in advance of the proposed certification: Provided further, That none of the funds appropriated in this paragraph shall be available for a United States contribution to an international organization for the United States share of interest costs made known to the United States Government by such organization for loans incurred on or after October 1, 1984, through external borrowings: Provided further, That of the funds appropriated in this paragraph, $80,000,000 may be made available only in quarterly installments of

$20,000,000 pursuant to a certification by the Secretary of State on a quarterly basis that the United Nations has taken no action to increase funding for any United Nations program without identifying during such quarter an offsetting decrease elsewhere in the United Nations budget; and that the United Nations has taken no action to exceed its no growth budget for the biennium 1996-1997 adopted in December, 1995: Provided further, That if for any quarter, the Secretary of State is unable to make the aforementioned certification, the $20,000,000 is to be applied to paying the current year assessment for other international organizations for which the assessment has not been paid in full or to paying the assessment due in the next fiscal year for such organizations, subject to the reprogramming procedures contained in section 605 of this Act: Provided further, That notwithstanding section 402 of this Act, not to exceed $10,000,000 may be transferred from the funds made available under this heading to the ‘International Conferences and Contingencies’ account for assessed contributions to new or provisional international organizations: Provided further, That any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

    For necessary expenses to pay assessed and other expenses of international peacekeeping activities directed to the maintenance or restoration of international peace and security, $282,600,000: Provided, That none of the funds made available under this Act shall be obligated or expended for any new or expanded United Nations peacekeeping mission unless, at least fifteen days in advance of voting for the new or expanded mission in the United Nations Security Council (or in an emergency, as far in advance as is practicable), (1) the Committees on Appropriations of the House of Representatives and the Senate and other appropriate Committees of the Congress are notified of the estimated cost and length of the mission, the vital national interest that will be served, and the planned exit strategy; and (2) a reprogramming of funds pursuant to section 605 of this Act is submitted, and the procedures therein followed, setting forth the source of funds that will be used to pay for the cost of the new or expanded mission: Provided further, That funds shall be available for peacekeeping expenses only upon a certification by the Secretary of State to the appropriate committees of the Congress that American manufacturers and suppliers are being given opportunities to provide equipment, services, and material for United Nations peacekeeping activities equal to those being given to foreign manufacturers and suppliers.

International Commissions

    For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows:

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO

    For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation; as follows:

SALARIES AND EXPENSES

    For salaries and expenses, not otherwise provided for, $15,490,000.

CONSTRUCTION

    For detailed plan preparation and construction of authorized projects, $6,463,000, to remain available until expended, as authorized by section 24(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)).

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

    For necessary expenses, not otherwise provided for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and for the Border Environment Cooperation Commission as authorized by Public Law 103-182; $5,490,000, of which not to exceed $9,000 shall be available for representation expenses incurred by the International Joint Commission.

INTERNATIONAL FISHERIES COMMISSIONS

    For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $14,549,000: Provided, That the United States share of such expenses may be advanced to the respective commissions, pursuant to 31 U.S.C. 3324.

Other

PAYMENT TO THE ASIA FOUNDATION

    For a grant to the Asia Foundation, as authorized by section 501 of Public Law 101-246, $8,000,000, to remain available until expended, as authorized by section 24(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)).

RELATED AGENCIES

Arms Control and Disarmament Agency

ARMS CONTROL AND DISARMAMENT ACTIVITIES

    For necessary expenses not otherwise provided, for arms control, nonproliferation, and disarmament activities, $30,000,000, of which not to exceed $50,000 shall be for official reception and representation expenses as authorized by the Act of September 26, 1961, as amended (22 U.S.C. 2551 et seq.).

United States Information Agency

SALARIES AND EXPENSES

    For expenses, not otherwise provided for, necessary to enable the United States Information Agency, as authorized by the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451 et seq.), the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.), and Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to carry out international communication, educational and cultural activities; and to carry out related activities authorized by law, including employment, without regard to civil service and classification laws, of persons on a temporary basis (not to exceed $700,000 of this appropriation), as authorized by section 801 of such Act of 1948 (22 U.S.C. 1471), and entertainment, including official receptions, within the United States, not to exceed $25,000 as authorized by section 804(3) of such Act of 1948 (22 U.S.C. 1474(3)); $440,000,000: Provided, That not to exceed $1,400,000 may be used for representation abroad as authorized by section 302 of such Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign Service Act of 1980 (22 U.S.C. 4085): Provided further, That not to exceed $7,615,000, to remain available until expended, may be credited to this appropriation from fees

or other payments received from or in connection with English teaching, library, motion pictures, student advising and counseling, and publication programs as authorized by section 810 of such Act of 1948 (22 U.S.C. 1475e): Provided further, That not to exceed $1,100,000 to remain available until expended may be used to carry out projects involving security construction and related improvements for agency facilities not physically located together with Department of State facilities abroad.

    For an additional amount for necessary expenses relating to security, $1,375,000: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

TECHNOLOGY FUND

    For expenses necessary to enable the United States Information Agency to provide for the procurement of information technology improvements, as authorized by the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.), the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000, to remain available until expended.

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

    For expenses of educational and cultural exchange programs, as authorized by the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91 Stat. 1636), $184,000,000, to remain available until expended as authorized by section 105 of such Act of 1961 (22 U.S.C. 2455).

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND

    For necessary expenses of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 1997, to remain available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof, in excess of the rate authorized by 5 U.S.C. 5376; or for purposes which are not in accordance with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122 (Cost Principles for Non-profit Organizations), including the restrictions on compensation for personal services.

ISRAELI ARAB SCHOLARSHIP PROGRAM

    For necessary expenses of the Israeli Arab Scholarship Program as authorized by section 214 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before September 30, 1997, to remain available until expended.

INTERNATIONAL BROADCASTING OPERATIONS

    For expenses necessary to enable the United States Information Agency, as authorized by the United States Information and Educational Exchange Act of 1948, as amended, the United States International Broadcasting Act of 1994, as amended, and Reorganization Plan No. 2 of 1977, to carry out international communication activities; $325,000,000, of which not to exceed $16,000 may be used for official receptions within the United States as authorized by section 804(3) of such Act of 1948 (22 U.S.C. 1474(3)), not to exceed $35,000 may be used for representation abroad as authorized by section 302 of such Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign Service Act of 1980 (22 U.S.C. 4085), and not to exceed $39,000 may be used for official reception and representation expenses of Radio Free Europe/Radio Liberty; and in addition, not to exceed $250,000 from fees as authorized by section 810 of such Act of 1948 (22 U.S.C. 1475e), to remain available until expended for carrying out authorized purposes; and in addition, notwithstanding any other provision of law, not to exceed $1,000,000 in monies received (including receipts from advertising, if any) by or for the use of the United States Information Agency from or in connection with broadcasting resources owned by or on behalf of the Agency, to be available until expended for carrying out authorized purposes.

BROADCASTING TO CUBA

    For expenses necessary to enable the United States Information Agency to carry out the Radio Broadcasting to Cuba Act, as amended, the Television Broadcasting to Cuba Act, and the International Broadcasting Act of 1994, including the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception, and purchase and installation of necessary equipment for radio and television transmission and reception, $25,000,000, to remain available until expended.

RADIO CONSTRUCTION

    For the purchase, rent, construction, and improvement of facilities for radio transmission and reception, and purchase and installation of necessary equipment for radio and television transmission and reception as authorized by section 801 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1471), $35,490,000, to remain available until expended, as authorized by section 704(a) of such Act of 1948 (22 U.S.C. 1477b(a)).

EAST-WEST CENTER

    To enable the Director of the United States Information Agency to provide for carrying out the provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960 (22 U.S.C. 2054-2057), by grant to the Center for Cultural and Technical Interchange Between East and West in the State of Hawaii, $10,000,000: Provided, That none of the funds appropriated herein shall be used to pay any salary, or enter into any contract providing for the payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.

NORTH/SOUTH CENTER

    To enable the Director of the United States Information Agency to provide for carrying out the provisions of the North/South Center Act of 1991 (22 U.S.C. 2075), by grant to an educational institution in Florida known as the North/South Center, $1,495,000, to remain available until expended.

NATIONAL ENDOWMENT FOR DEMOCRACY

    For grants made by the United States Information Agency to the National Endowment for Democracy as authorized by the National Endowment for Democracy Act, $30,000,000, to remain available until expended.

General Provisions--Department of State and Related Agencies

    SEC. 401. Funds appropriated under this title shall be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of 5 U.S.C.; for services as authorized by 5 U.S.C. 3109; and hire of passenger transportation pursuant to 31 U.S.C. 1343(b).

    SEC. 402. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That not to exceed 5 percent of any appropriation made available for the current fiscal year for the United States Information Agency in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided further, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

    SEC. 403. Funds hereafter appropriated or otherwise made available under this Act or any other Act may be expended for compensation of the United States Commissioner of the International Boundary Commission, United States and Canada, only for actual hours worked by such Commissioner.

    SEC. 404. Funds appropriated by this Act for the United States Information Agency, the Arms Control and Disarmament Agency, and the Department of State may be obligated and expended notwithstanding section 701 of the United States Information and Educational Exchange Act of 1948 and section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, section 53 of the Arms Control and Disarmament Act, and section 15 of the State Department Basic Authorities Act of 1956.

    SEC. 405. Any costs incurred by a Department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title shall be absorbed within the total budgetary resources available to such Department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

    This title may be cited as the ‘Department of State and Related Agencies Appropriations Act, 1997’.

TITLE V--RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

Maritime Administration

OPERATING-DIFFERENTIAL SUBSIDIES

(LIQUIDATION OF CONTRACT AUTHORITY)

    For the payment of obligations incurred for operating-differential subsidies, as authorized by the Merchant Marine Act, 1936, as amended, $148,430,000, to remain available until expended.

maritime security program

    For necessary expenses to maintain and preserve a U.S.-flag merchant fleet to serve the national security needs of the United States, $54,000,000, to remain available until expended: Provided, That these funds will be available only upon enactment of an authorization for this program.

OPERATIONS AND TRAINING

    For necessary expenses of operations and training activities authorized by law, $65,000,000: Provided, That reimbursements may be made to this appropriation from receipts to the ‘Federal Ship Financing Fund’ for administrative expenses in support of that program in addition to any amount heretofore appropriated.

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

    For the cost of guaranteed loans, as authorized by the Merchant Marine Act, 1936, $37,450,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $1,000,000,000.

    In addition, for administrative expenses to carry out the guaranteed loan program, not to exceed $3,450,000, which shall be transferred to and merged with the appropriation for Operations and Training.

ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION

    Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration, and payments received therefor shall be credited to the appropriation charged with the cost thereof: Provided, That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall be covered into the Treasury as miscellaneous receipts.

    No obligations shall be incurred during the current fiscal year from the construction fund established by the Merchant Marine Act, 1936, or otherwise, in excess of the appropriations and limitations contained in this Act or in any prior appropriation Act, and all receipts which otherwise would be deposited to the credit of said fund shall be covered into the Treasury as miscellaneous receipts.

Commission on the Advancement of Federal Law Enforcement

SALARIES AND EXPENSES

    For necessary expenses of the Commission on the Advancement of Federal Law Enforcement, as authorized by the Antiterrorism and Effective Death Penalty Act of 1996, $2,000,000, to remain available until September 30, 1998.

Commission for the Preservation of America’s Heritage Abroad

SALARIES AND EXPENSES

    For expenses for the Commission for the Preservation of America’s Heritage Abroad, $206,000, as authorized by Public Law 99-83, section 1303.

Commission on Civil Rights

SALARIES AND EXPENSES

    For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $8,740,000: Provided, That not to exceed $50,000 may be used to employ consultants: Provided further, That none of the funds appropriated in this paragraph shall be used to employ in excess of four full-time individuals under Schedule C of the Excepted Service exclusive of one special assistant for each Commissioner: Provided further, That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the Chairperson who is permitted 125 billable days.

Commission on Immigration Reform

SALARIES AND EXPENSES

    For necessary expenses of the Commission on Immigration Reform pursuant to section 141(f) of the Immigration Act of 1990, $2,196,000, to remain available until expended.

Commission on Security and Cooperation in Europe

SALARIES AND EXPENSES

    For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94-304, $1,090,000, to remain available until expended as authorized by section 3 of Public Law 99-7.

Equal Employment Opportunity Commission

SALARIES AND EXPENSES

    For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, as amended (29 U.S.C. 206(d) and 621-634), the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to private citizens; not to exceed $27,500,000, for payments to State and local enforcement agencies for services to the Commission pursuant to title VII of the Civil Rights Act of 1964, as amended, sections 6 and 14 of the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991; $239,740,000: Provided, That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,500 from available funds.

Federal Communications Commission

SALARIES AND EXPENSES

    For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901-02; not to exceed $600,000 for land and structure; not to exceed $500,000 for improvement and care of grounds and repair to buildings; not to exceed $4,000 for official reception and representation expenses; purchase (not to exceed sixteen) and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109; $189,079,000, of which not to exceed $300,000 shall remain available until September 30, 1998, for research and policy studies: Provided, That $152,523,000 of offsetting collections shall be assessed and collected pursuant to section 9 of title I of the Communications Act of 1934, as amended, and shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year 1997 so as to result in a final fiscal year 1997 appropriation estimated at $36,556,000: Provided further, That any offsetting collections received in excess of $152,523,000 in fiscal year 1997 shall remain available until expended, but shall not be available for obligation until October 1, 1997.

Federal Maritime Commission

SALARIES AND EXPENSES

    For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act of 1936, as amended (46 App. U.S.C. 1111), including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-02; $12,725,000: Provided, That not to exceed $2,000 shall be available for official reception and representation expenses.

Federal Trade Commission

SALARIES AND EXPENSES

    For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception and representation expenses; $85,930,000: Provided, That not to exceed $300,000 shall be available for use to contract with a person or persons for collection services in accordance with the terms of 31 U.S.C. 3718, as amended: Provided further, That notwithstanding any other provision of law, not to exceed $58,905,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated from the General Fund shall be reduced as such offsetting collections are received during fiscal year 1997, so as to result in a final fiscal year 1997 appropriation from the General Fund estimated at not more than $27,025,000, to remain available until expended: Provided further, That any fees received in excess of $58,905,000 in fiscal year 1997 shall remain available until expended, but shall not be available for obligation until October 1, 1997: Provided further, That none of the funds made available to the Federal Trade Commission shall be available for obligation for expenses authorized by section 151 of the Federal Deposit Insurance Corporation Improvement Act of 1991 (Public Law 102-242, 105 Stat. 2282-2285).

Gambling Impact Study Commission

SALARIES AND EXPENSES

    For necessary expenses of the National Gambling Impact Study Commission, $2,000,000, to remain available until expended: Provided, That these funds will be available only upon enactment of an authorization for this Commission.

Japan-United States Friendship Commission

JAPAN-UNITED STATES FRIENDSHIP TRUST FUND

    For expenses of the Japan-United States Friendship Commission, as authorized by Public Law 94-118, as amended, from the interest earned on the Japan-United States Friendship Trust Fund, $1,250,000; and an amount of Japanese currency not to exceed the equivalent of $1,420,000 based on exchange rates at the time of payment of such amounts as authorized by Public Law 94-118.

Legal Services Corporation

PAYMENT TO THE LEGAL SERVICES CORPORATION

    For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, as amended, $278,000,000, of which $269,400,000 is for basic field programs and required independent audits; $1,500,000 is for the Office of the Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; and $7,100,000 is for management and administration.

ADMINISTRATIVE PROVISIONS--LEGAL SERVICES CORPORATION

    SEC. 501. (a) CONTINUATION OF COMPETITIVE SELECTION PROCESS- None of the funds appropriated in this Act to the Legal Services Corporation may be used to provide financial assistance to any person or entity except through a competitive selection process conducted in accordance with regulations promulgated by the Corporation in accordance with the criteria set forth in subsections

(c), (d), and (e) of section 503 of Public Law 104-134 (110 Stat. 1321-52 et seq.).

    (b) INAPPLICABILITY OF NONCOMPETITIVE PROCEDURES- For purposes of the funding provided in this Act, rights under sections 1007(a)(9) and 1011 of the Legal Services Corporation Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j) shall not apply.

    SEC. 502. (a) CONTINUATION OF REQUIREMENTS AND RESTRICTIONS- None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of--

      (1) sections 501, 502, 505, 506, and 507 of Public Law 104-134 (110 Stat. 1321-51 et seq.), and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions as set forth in such sections, except that all references in such sections to 1995 and 1996 shall be deemed to refer instead to 1996 and 1997, respectively; and

      (2) section 504 of Public Law 104-134 (110 Stat. 1321-53 et seq.), and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such section, except that--

        (A) subsection (c) of such section 504 shall not apply;

        (B) paragraph (3) of section 508(b) of Public Law 104-134 (110 Stat. 1321-58) shall apply with respect to the requirements of subsection (a)(13) of such section 504, except that all references in such section 508(b) to the date of enactment shall be deemed to refer to April 26, 1996; and

        (C) subsection (a)(11) of such section 504 shall not be construed to prohibit a recipient from using funds derived from a source other than the Corporation to provide related legal assistance to--

          (i) an alien who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse’s or parent’s family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty; or

          (ii) an alien whose child has been battered or subjected to extreme cruelty in the United States by a spouse or parent of the alien (without the active participation of the alien in the battery or extreme cruelty), or by a member of the spouse’s or parent’s family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, and the alien did not actively participate in such battery or cruelty.

    (b) DEFINITIONS- For purposes of subsection (a)(2)(C):

      (1) The term ‘battered or subjected to extreme cruelty’ has the meaning given such term under regulations issued pursuant to subtitle G of the Violence Against Women Act of 1994 (Public Law 103-322; 108 Stat. 1953).

      (2) The term ‘related legal assistance’ means legal assistance directly related to the prevention of, or obtaining of relief from, the battery or cruelty described in such subsection.

    SEC. 503. (a) CONTINUATION OF AUDIT REQUIREMENTS- The requirements of section 509 of Public Law 104-134 (110 Stat. 1321-58 et seq.), other than subsection (l) of such section, shall apply during fiscal year 1997.

    (b) REQUIREMENT OF ANNUAL AUDIT- An annual audit of each person or entity receiving financial assistance from the Legal Services Corporation under this Act shall be conducted during fiscal year 1997 in accordance with the requirements referred to in subsection (a).

Marine Mammal Commission

SALARIES AND EXPENSES

    For necessary expenses of the Marine Mammal Commission as authorized by title II of Public Law 92-522, as amended, $1,189,000.

National Bankruptcy Review Commission

SALARIES AND EXPENSES

    For necessary expenses of the National Bankruptcy Review Commission, as authorized by the Bankruptcy Reform Act of 1994, $494,000.

Securities and Exchange Commission

SALARIES AND EXPENSES

    For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, and not to exceed $3,000 for official reception and representation expenses, $265,400,000, of which not to exceed $10,000 may be used toward funding a permanent secretariat for the International Organization of Securities Commissions, and of

which not to exceed $100,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, members of their delegations, appropriate representatives and staff to exchange views concerning developments relating to securities matters, development and implementation of cooperation agreements concerning securities matters and provision of technical assistance for the development of foreign securities markets, such expenses to include necessary logistic and administrative expenses and the expenses of Commission staff and foreign invitees in attendance at such consultations and meetings including (1) such incidental expenses as meals taken in the course of such attendance, (2) any travel and transportation to or from such meetings, and (3) any other related lodging or subsistence: Provided, That immediately upon enactment of this Act, the rate of fees under section 6(b) of the Securities Act of 1933 (15 U.S.C. 77f(b)) shall increase from one-fiftieth of one percentum to one-thirty-third of one percentum, and such increase shall be deposited as an offsetting collection to this appropriation, to remain available until expended, to recover costs of services of the securities registration process: Provided further, That immediately upon enactment of this Act or October 1, 1996, whichever occurs later, every national securities association shall pay to the Commission a fee at a rate of one-three-hundredth of one percentum of the aggregate dollar amount of sales transacted by or through any member of such association otherwise than on a national securities exchange (other than bonds, debentures, and other evidences of indebtedness) subject to prompt last sale reporting pursuant to the rules of the Commission or a registered national securities association, excluding any sales for which a fee is paid under section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee), and such increase shall be deposited as an offsetting collection to this appropriation, to remain available until expended, to recover the costs to the Government of the supervision and regulation of securities markets and securities professionals: Provided further, That the fee due from every national securities association shall be paid (1) on or before March 15, 1997, with respect to transactions occurring during the period beginning immediately upon enactment of this Act or October 1, 1996, whichever occurs later, and ending at the close of December 31, 1996; and (2) on or before September 30, 1997, with respect to transactions and sales occurring during the period beginning on January 1, 1997, and ending at the close of August 31, 1997: Provided further, That the total amount appropriated for fiscal year 1997 under this heading shall be reduced as all such offsetting fees are deposited to this appropriation so as to result in a final total fiscal year 1997 appropriation from the General Fund estimated at not more than $25,400,000: Provided further, That any such fees collected in excess of $240,000,000 shall remain available until expended but shall not be available for obligation until October 1, 1997.

Small Business Administration

SALARIES AND EXPENSES

    For necessary expenses, not otherwise provided for, of the Small Business Administration as authorized by Public Law 103-403, including hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception and representation expenses, $223,547,000, of which $1,000,000 shall only be available for obligation and expenditure for projects jointly developed, implemented and administered with the Minority Business Development Agency of the Department of Commerce: Provided, That the Administrator is authorized to charge fees to cover the cost of publications developed by the Small Business Administration, and certain loan servicing activities: Provided further, That notwithstanding 31 U.S.C. 3302, revenues received from all such activities shall be credited to this account, to be available for carrying out these purposes without further appropriations: Provided further, That $75,500,000 shall be available to fund grants for performance in fiscal year 1997 or fiscal year 1998 as authorized by section 21 of the Small Business Act, as amended.

OFFICE OF INSPECTOR GENERAL

    For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended (5 U.S.C. App. 1-11, as amended by Public Law 100-504), $9,000,000.

BUSINESS LOANS PROGRAM ACCOUNT

    For the cost of direct loans, $1,691,000, and for the cost of guaranteed loans, $182,017,000, as authorized by 15 U.S.C. 631 note, of which $2,317,000, to be available until expended, shall be for the Microloan Guarantee Program, and of which $40,510,000 shall remain available until September 30, 1998: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That during fiscal year 1997, commitments to guarantee loans under section 503 of the Small Business Investment Act of 1958, as amended, shall not exceed the amount of financings authorized under section 20(n)(2)(B) of the Small Business Act, as amended.

    In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $94,000,000, which may be transferred to and merged with the appropriations for Salaries and Expenses.

DISASTER LOANS PROGRAM ACCOUNT

    For the cost of direct loans authorized by section 7(b) of the Small Business Act, as amended, $105,432,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.

    In addition, for administrative expenses to carry out the direct loan program, $86,500,000, including not to exceed $500,000 for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster loan program, and said sums may be transferred to and merged with appropriations for Salaries and Expenses and Office of Inspector General.

SURETY BOND GUARANTEES REVOLVING FUND

    For additional capital for the ‘Surety Bond Guarantees Revolving Fund’, authorized by the Small Business Investment Act, as amended, $3,730,000, to remain available without fiscal year limitation as authorized by 15 U.S.C. 631 note.

administrative provision--small business administration

    SEC. 504. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

State Justice Institute

SALARIES AND EXPENSES

    For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1992 (Public Law 102-572 (106 Stat. 4515-4516)), $6,000,000 to remain available until expended: Provided, That not to exceed $2,500 shall be available for official reception and representation expenses.

TITLE VI--GENERAL PROVISIONS

    SEC. 601. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress.

    SEC. 602. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

    SEC. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

    SEC. 604. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.

    SEC. 605. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 1997, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds which (1) creates new programs; (2) eliminates a program, project, or activity;

(3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions, or activities presently performed by Federal employees; unless the Appropriations Committees of both Houses of Congress are notified fifteen days in advance of such reprogramming of funds.

    (b) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 1997, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Appropriations Committees of both Houses of Congress are notified fifteen days in advance of such reprogramming of funds.

    SEC. 606. None of the funds made available in this Act may be used for the construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration in shipyards located outside of the United States.

    SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS- It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made.

    (b) NOTICE REQUIREMENT- In providing financial assistance to, or entering into any contract with, any entity using funds made available in this Act, the head of each Federal agency, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress.

    (c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA- If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘Made in America’ inscription, or any inscription with the same meaning, to any product sold in or shipped

to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.

    SEC. 608. None of the funds made available in this Act may be used to implement, administer, or enforce any guidelines of the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known to the Federal entity or official to which such funds are made available that such guidelines do not differ in any respect from the proposed guidelines published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).

    SEC. 609. None of the funds appropriated or otherwise made available by this Act may be obligated or expended to pay for any cost incurred for (1) opening or operating any United States diplomatic or consular post in the Socialist Republic of Vietnam that was not operating on July 11, 1995; (2) expanding any United States diplomatic or consular post in the Socialist Republic of Vietnam that was operating on July 11, 1995; or (3) increasing the total number of personnel assigned to United States diplomatic or consular posts in the Socialist Republic of Vietnam above the levels existing on July 11, 1995, unless the President certifies within 60 days, based upon all information available to the United States Government that the Government of the Socialist Republic of Vietnam is cooperating in full faith with the United States in the following four areas:

      (1) Resolving discrepancy cases, live sightings and field activities,

      (2) Recovering and repatriating American remains,

      (3) Accelerating efforts to provide documents that will help lead to fullest possible accounting of POW/MIA’s.

      (4) Providing further assistance in implementing trilateral investigations with Laos.

    SEC. 610. None of the funds made available by this Act may be used for any United Nations undertaking when it is made known to the Federal official having authority to obligate or expend such funds (1) that the United Nations undertaking is a peacekeeping mission, (2) that such undertaking will involve United States Armed Forces under the command or operational control of a foreign national, and (3) that the President’s military advisors have not submitted to the President a recommendation that such involvement is in the national security interests of the United States and the President has not submitted to the Congress such a recommendation.

    SEC. 611. None of the funds made available in this Act shall be used to provide the following amenities or personal comforts in the Federal prison system--

      (1) in-cell television viewing except for prisoners who are segregated from the general prison population for their own safety;

      (2) the viewing of R, X, and NC-17 rated movies, through whatever medium presented;

      (3) any instruction (live or through broadcasts) or training equipment for boxing, wrestling, judo, karate, or other martial art, or any bodybuilding or weightlifting equipment of any sort;

      (4) possession of in-cell coffee pots, hot plates, or heating elements; or

      (5) the use or possession of any electric or electronic musical instrument.

    SEC. 612. None of the funds made available in title II for the National Oceanic and Atmospheric Administration under the heading ‘Fleet Modernization, Shipbuilding and Conversion’ may be used to implement sections 603, 604, and 605 of Public Law 102-567.

    SEC. 613. Any costs incurred by a Department or agency funded under this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such Department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

    SEC. 614. None of the funds made available in this Act to the Federal Bureau of Prisons may be used to distribute or make available any commercially published information or material to a prisoner when it is made known

to the Federal official having authority to obligate or expend such funds that such information or material is sexually explicit or features nudity.

    SEC. 615. Of the funds appropriated in this Act under the heading ‘OFFICE OF JUSTICE PROGRAMS--STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE’, not more than ninety percent of the amount to be awarded to an entity under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 shall be made available to such an entity when it is made known to the Federal official having authority to obligate or expend such funds that the entity that employs a public safety officer (as such term is defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968) does not provide such a public safety officer who retires or is separated from service due to injury suffered as the direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or a hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits that are paid by the entity at the time of retirement or separation.

SEC. 616. LIMITATION ON PATENT INFRINGEMENTS RELATING TO A MEDICAL PRACTITIONER’S PERFORMANCE OF A MEDICAL ACTIVITY.

    Section 287 of title 35, United States Code, is amended by adding at the end the following new subsection:

    ‘(c)(1) With respect to a medical practitioner’s performance of a medical activity that constitutes an infringement under section 271 (a) or (b) of this title, the provisions of sections 281, 283, 284, and 285 of this title shall not apply against the medical practitioner or against a related health care entity with respect to such medical activity.

    ‘(2) This subsection does not apply to the activities of any person, or employee or agent of such person (regardless of whether such person is a tax exempt organization under section 501(c) of the Internal Revenue Code of 1986), 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 laboratory services provided in a physician’s office), if such activities are--

      ‘(A) directly related to the commercial development, manufacture, sale, importation, or distribution of a machine, manufacture, or composition of matter or the provision of pharmacy or clinical laboratory services (other than clinical laboratory services provided in a physician’s office); and

      ‘(B) regulated under the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, or the Clinical Laboratories Improvement Act.

    ‘(3) For purposes of this subsection:

      ‘(A) The term ‘body’ means--

        ‘(i) a human body, organ, or cadaver; or

        ‘(ii) a nonhuman animal used in medical research or instruction directly relating to the treatment of humans.

      ‘(B) The term ‘medical activity’ means the performance of a medical or surgical procedure on a body, but shall not include--

        ‘(i) the use of a patented machine, manufacture, or composition of matter in violation of such patent;

        ‘(ii) the practice of a patented use of a composition of matter in violation of such patent; or

        ‘(iii) the practice of a process in violation of a biotechnology patent.

      ‘(C) The term ‘medical practitioner’ means any natural person who is--

        ‘(i) licensed by a State to provide the medical activity described under paragraph (1); or

        ‘(ii) acting under the direction of such natural person in the performance of the medical activity.

      ‘(D) The term ‘patented use of a composition of matter’ does not include a claim for a method of performing a medical or surgical procedure on a body that recites the use of a composition of matter if the use of that composition of matter does not directly contribute to achievement of the objective of the claimed method.

      ‘(E) The term ‘professional affiliation’ means staff privileges, medical staff membership, employment or contractual relationship, partnership or ownership interest, academic appointment, or other affiliation under which a medical practitioner provides a medical activity on behalf of, or in association with, a health care entity.

      ‘(F) The term ‘related health care entity’--

        ‘(i) means an entity with which a medical practitioner has a professional affiliation under which the medical practitioner performs a medical activity; and

        ‘(ii) includes such an affiliation with a nursing home, hospital, university, medical school, health maintenance organization, group medical practice, or a medical clinic.

      ‘(G) The term ‘State’ means any State or territory of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

    ‘(4) This subsection shall not apply to any patent issued before the date of enactment of this subsection.’.

    SEC. 617. Effective with the enactment of this Act and in any fiscal year hereafter, section 8 of Public Law 96-132 is hereby repealed.

    SEC. 618. CERTAIN UNITED STATES ORIGIN HISTORIC FIREARMS IMPORTS- Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 C.F.R. Sec. 178.112 or .113, for a permit to import United States origin ‘curios or relics’ firearms, parts, or ammunition.

SEC. 619. REACTIVATION OF CLOSED SHIPYARDS.

    (a) The Secretary may issue a guarantee or a commitment to guarantee obligations under title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), upon such terms as the Secretary may prescribe, to assist in the reactivation and modernization of currently closed shipyards in the United States, provided the Secretary finds that:

      (1) the closed shipyard historically built military vessels and responsible entities now seek to reopen it as an internationally competitive commercial shipyard;

      (2)(A) the closed shipyard has been designated by the President as a public-private partnership project; or

      (B) has a reuse plan approved by the Navy in which commercial shipbuilding and repair are primary activities and has a revolving economic conversion fund approved by the Department of Defense; and

      (3) the State in which the shipyard is located, and adjacent States, if applicable, is making a significant financial investment in the overall cost of reactivation and modernization as its contribution to the reactivation and modernization project, in addition to the funds required by subsection (d)(2) of this section.

    (b) WAIVERS- Notwithstanding any other provision of title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), the Secretary shall not apply the requirements of section 1104A(d) of that act when issuing a guarantee or a commitment to guarantee an obligation for the reactivation and modernization of a closed shipyard that meets the requirements of subsection (a) of this section.

    (c) CONDITIONS- The Secretary shall impose such conditions on the issuance of a guarantee or a commitment to guarantee under this section as are necessary to protect the interests of the United States from the risk of a default. The Secretary shall consider the interdependency of such shipyard modernization and reactivation projects and related vessel loan guarantee requests pending under title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.) prior to issuing a guarantee or a commitment to guarantee obligations issued in connection with the reactivation and modernization of closed shipyards under this section.

    (d) Funding Provisions-

      (1) The Secretary may not guarantee or commit to guarantee obligations issued in connection with the reactivation and modernization of closed shipyards under this section that exceed $100,000,000 in the aggregate.

      (2) The amount of appropriated funds required by the provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.) in advance of the Secretary’s issuance of a guarantee or a commitment to guarantee shall be provided by the State in which the shipyard is located, and adjacent States, if applicable, or a State-chartered agency and deposited by the Secretary in the financing account established under the Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.) for loan guarantees issued by the Secretary under title XI of the Merchant Marine Act of 1936 (46 App. U.S.C. 1271 et seq.). The funds deposited into said financing account shall be held and applied by the Secretary in accordance with the provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.). No federally appropriated funds shall be available for this purpose.

      (3) Notwithstanding the provisions of any other law or regulation, the cost (as that term is defined by the Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.)) of a guarantee or commitment to guarantee issued under this section may:

        (i) only be determined with reference to the merits of the specific closed shipyard reactivation project with is the subject of that guarantee or commitment to guarantee, without reference to any other project, type of project, or averaged risk; and

        (ii) not be used in determining the cost of any other project, type of project or averaged risk applicable to guarantees or commitments to guarantee issued under title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), as amended.

    (e) SUNSET- No commitment to guarantee obligations under this section shall be issued by the Secretary more than one year from the date of enactment of this section.

    (f) DEFINITION- The term ‘Secretary’, as used in the section, means the Secretary of Transportation.

TITLE VII--RESCISSIONS

DEPARTMENT OF JUSTICE

General Administration

WORKING CAPITAL FUND

(RESCISSION)

    Of the unobligated balances available under this heading on October 31, 1996, $30,000,000 are rescinded.

Immigration and Naturalization Service

IMMIGRATION EMERGENCY FUND

(RESCISSION)

    Of the unobligated balances available under this heading, $34,779,000 are rescinded.

TITLE VIII--FISCAL YEAR 1996 SUPPLEMENTALS AND RESCISSIONS

DEPARTMENT OF JUSTICE

Federal Prison System

SALARIES AND EXPENSES

    In addition to funds made available under this heading, $40,000,000, which shall remain available until September 30, 1997: Provided, That these funds shall be available upon enactment of this Act: Provided further, That these funds shall only be available if enacted by September 30, 1996.

(RESCISSION)

    Of the unobligated balances made available under this heading until September 30, 1996, $40,000,000 are rescinded: Provided, That these funds shall only be available for rescission if enacted by September 30, 1996.

    This Act may be cited as the ‘Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997.’.

    (b) For programs, projects, or activities provided for in the Department of Defense Appropriations Act, 1997 (H.R. 3610), as passed in the Senate on July 18, 1996, as if such Act had been enacted into law.

    (c) For programs, projects, or activities provided for in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, (H.R. 3540), as passed in the Senate on July 26, 1996, as if such Act had been enacted into law.

    (d) For programs, projects or activities in the Department of the Interior and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

AN ACT

    Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1997, and for other purposes.

TITLE I--DEPARTMENT OF THE INTERIOR

Bureau of Land Management

management of lands and resources

    For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of public lands pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $572,164,000, to remain available until expended, of which $2,010,000 shall be available for assessment of the mineral potential of public lands in Alaska pursuant to section 1010 of Public Law 96-487 (16 U.S.C. 3150); and of which $3,000,000 shall be derived from the special receipt account established by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)); and of which $1,000,000 shall be available in fiscal year 1997 subject to a match by at least an equal amount by the National Fish and Wildlife Foundation, to such Foundation for challenge cost share projects supporting fish and wildlife conservation affecting Bureau lands; in addition, $27,300,000 for Mining Law Administration program operations, to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from annual mining claim fees so as to result in a final appropriation estimated at not more than $572,164,000; and in addition, not to exceed $5,000,000, to remain available until expended, from annual mining claim fees; which shall be credited to this account for the costs of administering the mining claim fee program, and $2,000,000 from communication site rental fees established by the Bureau for the cost of administering communication site activities: Provided, That appropriations herein made shall not be available for the destruction of healthy, unadopted, wild horses and burros in the care of the Bureau or its contractors: Provided further, That in fiscal year 1997 and thereafter, all fees, excluding mining claim fees, in excess of the fiscal year 1996 collections established by the Secretary of the Interior under the authority of 43 U.S.C. 1734 for processing, recording, or documenting authorizations to use public lands or public land natural resources (including cultural, historical, and mineral) and for providing specific services to public land users, and which are not presently being covered into any Bureau of Land Management appropriation accounts, and not otherwise dedicated by law for a specific

distribution, shall be made immediately available for program operations in this account and remain available until expended.

wildland fire management

    For necessary expenses for fire use and management, fire preparedness, suppression operations, and emergency rehabilitation by the Department of the Interior, $252,042,000, to remain available until expended, of which not to exceed $5,025,000 shall be for the renovation or construction of fire facilities: Provided, That such funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes: Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging without costs from funds available from this appropriation: Provided further, That unobligated balances of amounts previously appropriated to the ‘Fire Protection’ and ‘Emergency Department of the Interior Firefighting Fund’ may be transferred to this appropriation.

central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of its component offices and bureaus for the remedial action, including associated activities, of hazardous waste substances, pollutants, or contaminants pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, as amended (42 U.S.C. 9601 et seq.), $12,000,000, to remain available until expended: Provided, That notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party in advance of or as reimbursement for remedial action or response activities conducted by the Department pursuant to sections 107 or 113(f) of such Act, shall be credited to this account to be available until expended without further appropriation: Provided further, That such sums recovered from or paid by any party are not limited to monetary payments and may include stocks, bonds or other personal or real property, which may be retained, liquidated, or otherwise disposed of by the Secretary and which shall be credited to this account.

construction

    For construction of buildings, recreation facilities, roads, trails, and appurtenant facilities, $4,333,000, to remain available until expended.

payments in lieu of taxes

    For expenses necessary to implement the Act of October 20, 1976, as amended (31 U.S.C. 6901-07), $113,500,000, of which not to exceed $400,000 shall be available for administrative expenses.

land acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) of Public Law 94-579 including administrative expenses and acquisition of lands or waters, or interests therein, $10,410,000, to be derived from the Land and Water Conservation Fund, to remain available until expended.

oregon and california grant lands

    For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein including existing connecting roads on or adjacent to such grant lands; $100,515,000, to remain available until expended: Provided, That 25 per centum of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the Oregon and California land-grant fund and shall be transferred to the General Fund in the Treasury in accordance with the second paragraph of subsection (b) of title II of the Act of August 28, 1937 (50 Stat. 876).

range improvements

    For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums equal to 50 per centum of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount designated for range improvements from grazing fees and mineral leasing receipts from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, but not less than $9,113,000, to remain available until expended: Provided, That not to exceed $600,000 shall be available for administrative expenses.

service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for costs of providing copies of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under Public Law 94-579, as amended, and Public Law 93-153, to remain available until expended: Provided, That notwithstanding any provision to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will be received pursuant to that section, whether as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and may be expended under the authority of this Act by the Secretary to improve, protect, or rehabilitate any public lands administered through the Bureau of Land Management which have been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to whether all moneys collected from each such action are used on the exact lands damaged which led to the action: Provided further, That any such moneys that are in excess of amounts needed to repair damage to the exact land for which funds were collected may be used to repair other damaged public lands.

miscellaneous trust funds

    In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act, to remain available until expended.

administrative provisions

    Appropriations for the Bureau of Land Management shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title; up to $100,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of enforcement activities authorized or approved by the Secretary and to be accounted for solely on his certificate, not to exceed $10,000: Provided, That notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly-produced publications for which the cooperators share the cost of printing either in cash or in services, and the Bureau determines the cooperator is capable of meeting accepted quality standards.

    The Bureau of Land Management’s Visitor Center in Rand, Oregon is hereby named the ‘William B. Smullin Visitor Center’.

United States Fish and Wildlife Service

resource management

    For expenses necessary for scientific and economic studies, conservation, management, investigations, protection, and utilization of fishery and wildlife resources, except whales, seals, and sea lions, and for the performance of other authorized functions related to such resources; for the general administration of the United States Fish and Wildlife Service; for maintenance of the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge; and not less than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by the Youth Conservation Corps as authorized by the Act of August 13, 1970, as amended, $525,447,000, to remain available until September 30, 1998, of which $11,557,000 shall remain available until expended for operation and maintenance of fishery mitigation facilities constructed by the Corps of Engineers under the Lower Snake River Compensation Plan, authorized by the Water Resources Development Act of 1976, to compensate for loss of fishery resources from water development projects on the Lower Snake River, and of which $2,000,000 shall be provided to local governments in southern California for planning associated with the Natural Communities Conservation Planning (NCCP) program and shall remain available until expended: Provided, That hereafter, pursuant to 31 U.S.C. 9701, the Secretary shall charge reasonable fees for the full costs of providing training by the National Education and Training Center, to be credited to this account, notwithstanding 31 U.S.C. 3302, for the direct costs of providing such training.

construction

    For construction and acquisition of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fishery and

wildlife resources, and the acquisition of lands and interests therein; $43,365,000, to remain available until expended.

natural resource damage assessment fund

    To conduct natural resource damage assessment activities by the Department of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. 9601, et seq.), Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act of 1990 (Public Law 101-380), and Public Law 101-337; $4,000,000, to remain available until expended.

land acquisition

    For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the United States Fish and Wildlife Service, $44,479,000, of which $3,000,000 is authorized to be appropriated and shall be used to establish the Clarks River National Wildlife Refuge in Kentucky, to be derived from the Land and Water Conservation Fund, to remain available until expended.

cooperative endangered species conservation fund

    For expenses necessary to carry out the provisions of the Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as amended, $14,085,000, for grants to States, to be derived from the Cooperative Endangered Species Conservation Fund, and to remain available until expended.

national wildlife refuge fund

    For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s), $10,779,000.

rewards and operations

    For expenses necessary to carry out the provisions of the African Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245, and 1538), $1,000,000, to remain available until expended.

north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act, Public Law 101-233, $9,750,000, to remain available until expended.

rhinoceros and tiger conservation fund

    For deposit to the Rhinoceros and Tiger Conservation Fund, $400,000, to remain available until expended, to carry out the Rhinoceros and Tiger Conservation Act of 1994 (Public Law 103-391).

wildlife conservation and appreciation fund

    For deposit to the Wildlife Conservation and Appreciation Fund, $800,000, to remain available until expended.

administrative provisions

    Appropriations and funds available to the United States Fish and Wildlife Service shall be available for purchase of not to exceed 83 passenger motor vehicles of which 73 are for replacement only (including 43 for police-type use); not to exceed $400,000 for payment, at the discretion of the Secretary, for information, rewards, or evidence concerning violations of laws administered by the Service, and miscellaneous and emergency expenses of enforcement activities, authorized or approved by the Secretary and to be accounted for solely on his certificate; repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the purchase of land at not to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the Service and to which the United States has title, and which are utilized pursuant to law in connection with management and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly-produced publications for which the cooperators share at least one-half the cost of printing either in cash or services and the Service determines the cooperator is capable of meeting accepted quality standards: Provided further, That the Service may accept donated aircraft as replacements for existing aircraft: Provided further, That notwithstanding any other provision of law, the Secretary of the Interior may not spend any of the funds appropriated in this Act for the purchase of lands or interests in lands to be used in the establishment of any new unit of the National Wildlife Refuge System unless the purchase is approved in advance by the House and Senate Committees on Appropriations in compliance with the reprogramming procedures contained in House Report 103-551: Provided further, That section 101(c) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 is amended in section 315(c)(1)(E) (110 Stat. 1321-201; 16 U.S.C. 460l-6a note) by striking ‘distributed in accordance with section 201(c) of the Emergency Wetlands Resources Act’ and inserting ‘available to the Secretary of the Interior until expended to be used in accordance with clauses (i), (ii), and (iii) of section 201(c)(A) of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911(c)(A))’.

National Park Service

operation of the national park system

    For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service (including special road maintenance service to trucking permittees on a reimbursable basis), and for the general administration of the National Park Service, including not to exceed $1,593,000 for the Volunteers-in-Parks program, and not less than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by the Youth Conservation Corps as authorized by 16 U.S.C. 1706, $1,152,311,000, without regard to 16 U.S.C. 451, of which $8,000,000 for research, planning and interagency coordination in support of land acquisition for Everglades restoration shall remain available until expended, and of which not to exceed $72,000,000, to remain available until expended, is to be derived from the special fee account established pursuant to title V, section 5201, of Public Law 100-203.

national recreation and preservation

    For expenses necessary to carry out recreation programs, natural programs, cultural programs, environmental compliance and review, international park affairs, statutory or contractual aid for other activities, and grant administration, not otherwise provided for, $37,976,000.

historic preservation fund

    For expenses necessary in carrying out the Historic Preservation Act of 1966, as amended (16 U.S.C. 470), $36,612,000, to be derived from the Historic Preservation Fund, to remain available until September 30, 1998.

construction

    For construction, improvements, repair or replacement of physical facilities including the modifications authorized by section 104 of the Everglades National Park Protection and Expansion Act of 1989, $163,444,000, to remain available until expended, of which $270,000 shall be used for appropriate fish restoration projects not related to dam removal including reimbursement to the State of Washington for emergency actions taken to protect the 1996 run of fall chinook salmon on the Elwha River: Provided, That funds previously provided under this heading that had been made available to the City of Hot Springs, Arkansas, to be used for a flood protection feasibility study, are now made available to the City of Hot Springs for the rehabilitation of the Federally-constructed Hot Springs Creek Arch, including the portion within Hot Springs National Park.

land and water conservation fund

(rescission)

    The contract authority provided for fiscal year 1997 by 16 U.S.C. 460l-10a is rescinded.

land acquisition and state assistance

    For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including administrative expenses, and for acquisition of lands or waters, or interest therein, in accordance with statutory authority applicable to the National Park Service, $53,915,000, to be derived from the Land and Water Conservation Fund, to remain available until expended, of which $1,500,000 is to administer the State assistance program: Provided,

That any funds made available for the purpose of acquisition of the Elwha and Glines dams shall be used solely for acquisition, and shall not be expended until the full purchase amount has been appropriated by the Congress: Provided further, That of the funds provided herein, $9,000,000 is available for acquisition of the Sterling Forest, subject to authorization.

administrative provisions

    Appropriations for the National Park Service shall be available for the purchase of not to exceed 404 passenger motor vehicles, of which 287 shall be for replacement only, including not to exceed 320 for police-type use, 13 buses, and 6 ambulances: Provided, That none of the funds appropriated to the National Park Service may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided further, That none of the funds appropriated to the National Park Service may be used to implement an agreement for the redevelopment of the southern end of Ellis Island until such agreement has been submitted to the Congress and shall not be implemented prior to the expiration of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) from the receipt by the Speaker of the House of Representatives and the President of the Senate of a full and comprehensive report on the development of the southern end of Ellis Island, including the facts and circumstances relied upon in support of the proposed project.

    None of the funds in this Act may be spent by the National Park Service for activities taken in direct response to the United Nations Biodiversity Convention.

    The National Park Service may in fiscal year 1997 and thereafter enter into cooperative agreements that involve the transfer of National Park Service appropriated funds to State, local and tribal governments, other public entities, educational institutions, and private nonprofit organizations for the public purpose of carrying out National Park Service programs pursuant to 31 U.S.C. 6305 to carry out public purposes of National Park Service programs.

    Notwithstanding any other provision of law, remaining balances, including interest, from funds granted to the National Park Foundation pursuant to the National Park System Visitor Facilities Fund Act of 1983 (Public Law 97-433, 96 Stat. 2277) shall be available to the National Park Foundation for expenditure in units of the National Park System for the purpose of improving visitor facilities.

United States Geological Survey

surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to perform surveys, investigations, and research covering topography, geology, hydrology, and the mineral and water resources of the United States, its Territories and possessions, and other areas as authorized by 43 U.S.C. 31, 1332 and 1340; classify lands as to their mineral and water resources; give engineering supervision to power permittees and Federal Energy Regulatory Commission licensees; administer the minerals exploration program (30 U.S.C. 641); and publish and disseminate data relative to the foregoing activities; and to conduct inquiries into the economic conditions affecting mining and materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as authorized by law and to publish and disseminate data; $738,913,000, of which $64,559,000 shall be available only for cooperation with States or municipalities for water resources investigations; and of which $16,000,000 shall remain available until expended for conducting inquiries into the economic conditions affecting mining and materials processing industries; and of which $137,500,000 shall be available until September 30, 1998 for the biological research activity and the operation of

the Cooperative Research Units: Provided, That none of these funds provided for the biological research activity shall be used to conduct new surveys on private property, unless specifically authorized in writing by the property owner: Provided further, That beginning in fiscal year 1998 and once every five years thereafter, the National Academy of Sciences shall review and report on the biological research activity of the Survey: Provided further, That no part of this appropriation shall be used to pay more than one-half the cost of topographic mapping or water resources data collection and investigations carried on in cooperation with States and municipalities.

administrative provisions

    The amount appropriated for the United States Geological Survey shall be available for the purchase of not to exceed 53 passenger motor vehicles, of which 48 are for replacement only; reimbursement to the General Services Administration for security guard services; contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations and observation wells; expenses of the United States National Committee on Geology; and payment of compensation and expenses of persons on the rolls of the Survey duly appointed to represent the United States in the negotiation and administration of interstate compacts: Provided, That activities funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative agreements as defined in 31 U.S.C. 6302, et seq.

Minerals Management Service

royalty and offshore minerals management

    For expenses necessary for minerals leasing and environmental studies, regulation of industry operations, and collection of royalties, as authorized by law; for enforcing laws and regulations applicable to oil, gas, and other minerals leases, permits, licenses and operating contracts; and for matching grants or cooperative agreements; including the purchase of not to exceed eight passenger motor vehicles for replacement only; $156,955,000, of which not less than $70,063,000 shall be available for royalty management activities; and an amount not to exceed $41,000,000 for the Technical Information Management System and activities of the Outer Continental Shelf (OCS) Lands Activity, to be credited to this appropriation and to remain available until expended, from additions to receipts resulting from increases to rates in effect on August 5, 1993, from rate increases to fee collections for OCS administrative activities performed by the Minerals Management Service over and above the rates in effect on September 30, 1993, and from additional fees for OCS administrative activities established after September 30, 1993: Provided, That $1,500,000 for computer acquisitions shall remain available until September 30, 1998: Provided further, That funds appropriated under this Act shall be available for the payment of interest in accordance with 30 U.S.C. 1721 (b) and (d): Provided further, That not to exceed $3,000 shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup activities: Provided further, That notwithstanding any other provision of law, $15,000 under this head shall be available for refunds of overpayments in connection with certain Indian leases in which the Director of the Minerals Management Service concurred with the claimed refund due, to pay amounts owed to Indian allottees or Tribes, or to correct prior unrecoverable erroneous payments.

oil spill research

    For necessary expenses to carry out title I, section 1016, title IV, sections 4202 and 4303, title VII, and title

VIII, section 8201 of the Oil Pollution Act of 1990, $6,440,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended.

Office of Surface Mining Reclamation and Enforcement

regulation and technology

    For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, as amended, including the purchase of not to exceed 10 passenger motor vehicles, for replacement only; $94,172,000, and notwithstanding 31 U.S.C. 3302, an additional amount shall be credited to this account, to remain available until expended, from performance bond forfeitures in fiscal year 1997: Provided, That the Secretary of the Interior, pursuant to regulations, may utilize directly or through grants to States, moneys collected in fiscal year 1997 for civil penalties assessed under section 518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely affected by coal mining practices after August 3, 1977, to remain available until expended: Provided further, That appropriations for the Office of Surface Mining Reclamation and Enforcement may provide for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training.

abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, as amended, including the purchase of not more than 10 passenger motor vehicles for replacement only, $177,085,000, to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until expended; of which up to $4,000,000 shall be for supplemental grants to States for the reclamation of abandoned sites with acid mine rock drainage from coal mines through the Appalachian Clean Streams Initiative: Provided, That grants to minimum program States will be $1,500,000 per State in fiscal year 1997: Provided further, That of the funds herein provided up to $18,000,000 may be used for the emergency program authorized by section 410 of Public Law 95-87, as amended, of which no more than 25 per centum shall be used for emergency reclamation projects in any one State and funds for federally-administered emergency reclamation projects under this proviso shall not exceed $11,000,000: Provided further, That prior year unobligated funds appropriated for the emergency reclamation program shall not be subject to the 25 per centum limitation per State and may be used without fiscal year limitation for emergency projects: Provided further, That pursuant to Public Law 97-365, the Department of the Interior is authorized to use up to 20 per centum from the recovery of the delinquent debt owed to the United States Government to pay for contracts to collect these debts: Provided further, That funds made available to States under title IV of Public Law 95-87 may be used, at their discretion, for any required non-Federal share of the cost of projects funded by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage from abandoned mines: Provided further, That such projects must be consistent with the purposes and priorities of the Surface Mining Control and Reclamation Act: Provided further, That the State of Maryland may set aside the greater of $1,000,000 or 10 percent of the total of the grants made available to the State under title IV of the Surface Mining Control and Reclamation Act of 1977, as amended (30 U.S.C. 1231 et seq.) if the amount set aside is deposited in an acid mine drainage abatement and treatment fund established under a State law, pursuant to which law the amount (together with all interest earned on the amount) is expended by the State to undertake acid mine drainage abatement and treatment projects, except that before any amounts greater than 10 percent of its title IV grants are deposited in an acid mine drainage abatement and treatment fund, the State of Maryland must first complete all Surface Mining Control and Reclamation Act priority one projects.

Bureau of Indian Affairs

operation of indian programs

    For operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts, and

grants including expenses necessary to provide education and welfare services for Indians, either directly or in cooperation with States and other organizations, including payment of care, tuition, assistance, and other expenses of Indians in boarding homes, or institutions, or schools; grants and other assistance to needy Indians; maintenance of law and order; management, development, improvement, and protection of resources and appurtenant facilities under the jurisdiction of the Bureau, including payment of irrigation assessments and charges; acquisition of water rights; advances for Indian industrial and business enterprises; operation of Indian arts and crafts shops and museums; development of Indian arts and crafts, as authorized by law; for the general administration of the Bureau, including such expenses in field offices; maintaining of Indian reservation roads as defined in 23 U.S.C. 101; and construction, repair, and improvement of Indian housing, $1,436,902,000, of which not to exceed $86,520,000 shall be for welfare assistance payments and not to exceed $90,829,000 shall be for payments to tribes and tribal organizations for contract support costs associated with ongoing contracts or grants or compacts entered into with the Bureau prior to fiscal year 1997, as authorized by the Indian Self-Determination Act of 1975, as amended, and up to $5,000,000 shall be for the Indian Self-Determination Fund, which shall be available for the transitional cost of initial or expanded tribal contracts, grants, compacts, or cooperative agreements with the Bureau under such Act; and of which not to exceed $365,124,000 for school operations costs of Bureau-funded schools and other education programs shall become available on July 1, 1997, and shall remain available until September 30, 1998; and of which not to exceed $53,805,000 for higher education scholarships, adult vocational training, and assistance to public schools under 25 U.S.C. 452 et seq., shall remain available until September 30, 1998; and of which not to exceed $54,973,000 shall remain available until expended for housing improvement, road maintenance, attorney fees, litigation support, self-governance grants, the Indian Self-Determination Fund, and the Navajo-Hopi Settlement Program: Provided, That tribes and tribal contractors may use their tribal priority allocations for unmet indirect costs of ongoing contracts, grants or compact agreements: Provided further, That funds made available to tribes and tribal organizations through contracts or grants obligated during fiscal year 1997, as authorized by the Indian Self-Determination Act of 1975, or grants authorized by the Indian Education Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall remain available until expended by the contractor or grantee: Provided further, That to provide funding uniformity within a Self-Governance Compact, any funds provided in this Act with availability for more than one year may be reprogrammed to one year availability but shall remain available within the Compact until expended: Provided further, That notwithstanding any other provision of law, Indian tribal governments may, by appropriate changes in eligibility criteria or by other means, change eligibility for general assistance or change the amount of general assistance payments for individuals within the service area of such tribe who are otherwise deemed eligible for general assistance payments so long as such changes are applied in a consistent manner to individuals similarly situated: Provided further, That any savings realized by such changes shall be available for use in meeting other priorities of the tribes: Provided further, That any net increase in costs to the Federal Government which result solely from tribally increased payment levels for general assistance shall be met exclusively from funds available to the tribe from within its tribal priority allocation: Provided further, That any forestry funds allocated to a tribe which remain unobligated as of September 30, 1997, may be transferred during fiscal year 1998 to an Indian forest land assistance account established for the benefit of such tribe within the tribe’s trust fund account: Provided further, That any such

unobligated balances not so transferred shall expire on September 30, 1998: Provided further, That notwithstanding any other provision of law, no funds available to the Bureau, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available to support the operation of any elementary or secondary school in the State of Alaska in fiscal year 1997: Provided further, That funds made available in this or any other Act for expenditure through September 30, 1998 for schools funded by the Bureau shall be available only to the schools in the Bureau school system as of September 1, 1995: Provided further, That no funds available to the Bureau shall be used to support expanded grades for any school or dormitory beyond the grade structure in place or approved by the Secretary of the Interior at each school in the Bureau school system as of October 1, 1995: Provided further, That in fiscal year 1997 and thereafter, notwithstanding the provisions of 25 U.S.C. 2012(h)(1) (A) and (B), upon the recommendation of either (i) a local school board and school supervisor for an education position in a Bureau of Indian Affairs operated school, or (ii) an Agency school board and education line officer for an Agency education position, the Secretary shall establish adjustments to the rates of basic compensation or annual salary rates established under 25 U.S.C. 2012(h)(1) (A) and (B) for education positions at the school or the Agency, at a level not less than that for comparable positions in the nearest public school district, and the adjustment shall be deemed to be a change to basic pay and shall not be subject to collective bargaining: Provided further, That any reduction to rates of basic compensation or annual salary rates below the rates established under 25 U.S.C. 2012(h)(1) (A) and (B) shall apply only to educators appointed after June 30, 1997, and shall not affect the right of an individual employed on June 30, 1997, in an education position, to receive the compensation attached to such position under 25 U.S.C. 2012(h)(1) (A) and (B) so long as the individual remains in the same position at the same school: Provided further, That notwithstanding 25 U.S.C. 2012(h)(1)(B), when the rates of basic compensation for teachers and counselors at Bureau-operated schools are established at the rates of basic compensation applicable to comparable positions in overseas schools under the Defense Department Overseas Teachers Pay and Personnel Practices Act, such rates shall become effective with the start of the next academic year following the issuance of the Department of Defense salary schedule and shall not be effected retroactively.

construction

    For construction, major repair, and improvement of irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition of lands, and interests in lands; and preparation of lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87-483, $94,531,000, to remain available until expended: Provided, That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation: Provided further, That not to exceed 6 per centum of contract authority available to the Bureau of Indian Affairs from the Federal Highway Trust Fund may be used to cover the road program management costs of the Bureau: Provided further, That any funds provided for the Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available on a non-reimbursable basis: Provided further, That for fiscal year 1997, in implementing new construction or facilities improvement and repair project grants in excess of $100,000 that are provided to tribally controlled grant schools under Public Law 100-297, as amended, the Secretary of the Interior shall use the Administrative and Audit Requirements and Cost Principles for Assistance Programs contained in 43 CFR

part 12 as the regulatory requirements: Provided further, That such grants shall not be subject to section 12.61 of 43 CFR; the Secretary and the grantee shall negotiate and determine a schedule of payments for the work to be performed: Provided further, That in considering applications, the Secretary shall consider whether the Indian tribe or tribal organization would be deficient in assuring that the construction projects conform to applicable building standards and codes and Federal, tribal, or State health and safety standards as required by 25 U.S.C. 2005(a), with respect to organizational and financial management capabilities: Provided further, That if the Secretary declines an application, the Secretary shall follow the requirements contained in 25 U.S.C. 2505(f): Provided further, That any disputes between the Secretary and any grantee concerning a grant shall be subject to the disputes provision in 25 U.S.C. 2508(e).

indian land and water claim settlements and miscellaneous payments to indians

    For miscellaneous payments to Indian tribes and individuals and for necessary administrative expenses, $69,241,000, to remain available until expended; of which $68,400,000 shall be available for implementation of enacted Indian land and water claim settlements pursuant to Public Laws 101-618, 102-374, 102-575, and for implementation of other enacted water rights settlements, including not to exceed $8,000,000, which shall be for the Federal share of the Catawba Indian Tribe of South Carolina Claims Settlement, as authorized by section 5(a) of Public Law 103-116; and of which $841,000 shall be available pursuant to Public Laws 98-500, 99-264, and 100-580.

indian guaranteed loan program account

    For the cost of guaranteed loans, $4,500,000, as authorized by the Indian Financing Act of 1974, as amended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $34,615,000.

    In addition, for administrative expenses to carry out the guaranteed loan programs, $500,000.

administrative provisions

    Appropriations for the Bureau of Indian Affairs (except the revolving fund for loans, the Indian loan guarantee and insurance fund, the Technical Assistance of Indian Enterprises account, the Indian Direct Loan Program account, and the Indian Guaranteed Loan Program account) shall be available for expenses of exhibits, and purchase

of not to exceed 229 passenger motor vehicles, of which not to exceed 187 shall be for replacement only.

    Notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs for central office operations or pooled overhead general administration shall be available for tribal contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public Law 103-413).

Departmental Offices

Insular Affairs

assistance to territories

    For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior, $65,188,000, of which (1) $61,339,000 shall be available until expended for technical assistance, including maintenance assistance, disaster assistance, insular management controls, and brown tree snake control and research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the Government of American Samoa, in addition to current local revenues, for construction and support of governmental functions; grants to the Government of the Virgin Islands as authorized by law; grants to the Government of Guam, as authorized by law; and grants to the Government of the Northern Mariana Islands as authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $3,849,000 shall be available for salaries and expenses of the Office of Insular Affairs: Provided, That all financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or utilized by such governments, may be audited by the General Accounting Office, at its discretion, in accordance with chapter 35 of title 31, United States Code: Provided further, That Northern Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special Representatives on Future United States Financial Assistance for the Northern Mariana Islands approved by Public Law 99-396, or any subsequent legislation related to Commonwealth of the Northern Mariana Islands grant funding: Provided further, That section 703(a) of Public Law 94-241, as amended, is hereby amended by striking ‘of the Government of the Northern Mariana Islands’: Provided further, That of the amounts provided for technical assistance, sufficient funding shall be made available for a grant to the Close Up Foundation: Provided further, That the funds for the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance improvement of capital infrastructure in American Samoa, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia through assessments of long-range operations maintenance needs, improved capability of local operations and maintenance institutions and agencies (including management and vocational education training), and project-specific maintenance (with territorial participation and cost sharing to be determined by the Secretary based on the individual territory’s commitment to timely maintenance of its capital assets): Provided further, That any appropriation for disaster assistance under this head in this Act or previous appropriations Acts may be used as non-Federal matching funds for the purpose of hazard mitigation grants provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c).

COMPACT OF FREE ASSOCIATION

    For economic assistance and necessary expenses for the Federated States of Micronesia and the Republic of the Marshall Islands as provided for in sections 122, 221, 223, 232, and 233 of the Compacts of Free Association, and for economic assistance and necessary expenses for the Republic of Palau as provided for in sections 122, 221, 223, 232, and 233 of the Compact of Free Association, $23,538,000, to remain available until expended, as authorized by Public Law 99-239 and Public Law 99-658.

Departmental Management

salaries and expenses

    For necessary expenses for management of the Department of the Interior, $58,286,000, of which not to exceed $7,500 may be for official reception and representation expenses, and of which up to $2,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with the orderly closure of the United States Bureau of Mines.

Office of the Solicitor

salaries and expenses

    For necessary expenses of the Office of the Solicitor, $35,443,000.

Office of Inspector General

salaries and expenses

    For necessary expenses of the Office of Inspector General, $24,439,000, together with any funds or property transferred to the Office of Inspector General through forfeiture proceedings or from the Department of Justice Assets Forfeiture Fund or the Department of the Treasury Assets Forfeiture Fund, that represent an equitable share from the forfeiture of property in investigations in which the Office of Inspector General participated, with such transferred funds to remain available until expended.

National Indian Gaming Commission

salaries and expenses

    For necessary expenses of the National Indian Gaming Commission, pursuant to Public Law 100-497, $1,000,000.

Office of Special Trustee for American Indians

federal trust programs

    For operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, $32,126,000, to remain available until expended for trust funds management: Provided, That funds made available to tribes and tribal organizations through contracts or grants obligated during fiscal year 1997, as authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall remain available until expended by the contractor or grantee: Provided further, That notwithstanding any other provision of law, the statute of limitations shall not commence to run on any claim, including any claim in litigation pending on the date of this Act, concerning losses to or mismanagement of trust funds, until the affected tribe or individual Indian has been furnished with an accounting of such funds from which the beneficiary can determine whether there has been a loss: Provided further, That unobligated balances previously made available (1) to liquidate obligations owed tribal and individual Indian payees of any checks canceled pursuant to section 1003 of the Competitive Equality Banking Act of 1987 (Public Law 100-86; 31 U.S.C. 3334(b)), (2) to restore Individual Indian Monies trust funds, Indian Irrigation Systems, and Indian Power Systems accounts amounts invested in credit unions or defaulted savings and loan associations and which where not Federally insured, including any interest on these amounts that may have been earned, but was not because of the default, and (3) to reimburse Indian trust fund account holders for losses to their respective accounts where the claim for said loss has been reduced to a judgement or settlement agreement approved by the Department of Justice, under the heading ‘Indian Land and Water Claim Settlements and Miscellaneous Payments to Indians’, Bureau of Indian Affairs in fiscal years 1995 and 1996, are hereby transferred to and merged with this appropriation and may only be used for the operation of trust programs, in accordance with this appropriation.

Administrative Provisions

    There is hereby authorized for acquisition from available resources within the Working Capital Fund, 15 aircraft, 10 of which shall be for replacement and which may be obtained by donation, purchase or through available excess surplus property: Provided, That notwithstanding any other provision of law, existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft: Provided further, That no programs funded with appropriated funds in ‘Departmental Management’, ‘Office of the Solicitor’, and ‘Office of Inspector General’ may be augmented through the Working Capital Fund or the Consolidated Working Fund.

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

    SEC. 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted: Provided further, That all funds used pursuant to this section are hereby designated by Congress to be ‘emergency requirements’ pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985, and must be replenished by a supplemental appropriation which must be requested as promptly as possible.

    SEC. 102. The Secretary may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oilspills; response and natural resource damage assessment activities related to actual oilspills; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation projects under section 410 of Public Law 95-87; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations made in this title for fire suppression purposes shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for fire suppression purposes, such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further, That for emergency rehabilitation and wildfire suppression activities, no funds shall be made available under this authority until funds appropriated to ‘Wildland Fire Management’ shall have been exhausted: Provided further, That all funds used pursuant to this section are hereby designated by Congress to be ‘emergency requirements’ pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985, and must be replenished by a supplemental appropriation which must be requested as promptly as possible: Provided further, That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds were transferred.

    SEC. 103. Appropriations made in this title shall be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by sections 1535 and 1536 of title 31, United States Code: Provided, That reimbursements for costs and supplies, materials, equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received.

    SEC. 104. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by 5 U.S.C. 3109, when authorized by the Secretary, in total amount not to exceed $500,000; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members.

    SEC. 105. Appropriations available to the Department of the Interior for salaries and expenses shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).

    SEC. 106. Appropriations made in this title shall be available for obligation in connection with contracts issued for services or rentals for periods not in excess of twelve months beginning at any time during the fiscal year.

    SEC. 107. Prior to the transfer of Presidio properties to the Presidio Trust, when authorized, the Secretary may not obligate in any calendar month more than 1/12 of the fiscal year 1997 appropriation for operation of the Presidio: Provided, That prior to the transfer of any Presidio property to the Presidio Trust, the Secretary shall transfer such funds as the Trust deems necessary to initiate leasing and other authorized activities of the Trust: Provided further, That this section shall expire on December 31, 1996.

    SEC. 108. No final rule or regulation of any agency of the Federal Government pertaining to the recognition, management, or validity of a right-of-way pursuant to Revised Statute 2477 (43 U.S.C. 932) shall take effect unless expressly authorized by an Act of Congress subsequent to the date of enactment of this Act.

    SEC. 109. No funds provided in this title may be expended by the Department of the Interior for the conduct of offshore leasing and related activities placed under restriction in the President’s moratorium statement of June 26, 1990, in the areas of Northern, Central, and Southern California; the North Atlantic; Washington and Oregon; and the Eastern Gulf of Mexico south of 26 degrees north latitude and east of 86 degrees west longitude.

    SEC. 110. No funds provided in this title may be expended by the Department of the Interior for the conduct of leasing, or the approval or permitting of any drilling or other exploration activity, on lands within the North Aleutian Basin planning area.

    SEC. 111. No funds provided in this title may be expended by the Department of the Interior for the conduct of preleasing and leasing activities in the Eastern Gulf of Mexico for Outer Continental Shelf Lease Sale 151 in the Outer Continental Shelf Natural Gas and Oil Resource Management Comprehensive Program, 1992-1997.

    SEC. 112. No funds provided in this title may be expended by the Department of the Interior for the conduct of preleasing and leasing activities in the Atlantic for Outer Continental Shelf Lease Sale 164 in the Outer Continental Shelf Natural Gas and Oil Resource Management Comprehensive Program, 1992-1997.

    SEC. 113. There is hereby established in the Treasury a franchise fund pilot, as authorized by section 403 of Public Law 103-356, to be available as provided in such section for costs of capitalizing and operating administrative services as the Secretary determines may be performed more advantageously as central services: Provided, That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made prior to the current year for the purpose of providing capital shall be used to capitalize such fund: Provided further, That such fund shall be paid in advance from funds available to the Department and other Federal agencies for which such centralized services are performed, at rates which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of automatic data processing (ADP) software and systems (either acquired or donated) and an amount necessary to maintain a reasonable operating reserve, as determined by the Secretary: Provided further, That such fund shall provide services on a competitive basis: Provided further, That an amount not to exceed four percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each fiscal year thereafter, to remain available until expended, to be used for the acquisition of capital equipment, and for the improvement and implementation of Department financial management, ADP, and other support systems: Provided further, That no later than thirty days after the end of each fiscal year amounts in excess of this reserve limitation shall be transferred to the Treasury: Provided further, That such franchise fund pilot shall terminate pursuant to section 403(f) of Public Law 103-356.

    SEC. 114. None of the funds in this Act or any other Act may be used by the Secretary for the redesign of Pennsylvania Avenue in front of the White House without the advance approval of the House and Senate Committees on Appropriations.

    SEC. 115. Public Law 102-495 is amended by adding the following new section:

‘SEC. 10. WASHINGTON STATE REMOVAL OPTION.

    ‘(a) Upon appropriation of $29,500,000 for the Federal government to acquire the projects in the State of Washington pursuant to this Act, the State of Washington may, upon the submission to Congress of a binding agreement to remove the projects within a reasonable period of time, purchase the projects from the Federal government for $2. Such a binding agreement shall provide protection of the existing quality and availability of water from the Elwha River for municipal and industrial uses from possible adverse impacts of dam removal.

    ‘(b) Upon receipt of the payment pursuant to subsection (a), the Federal government shall relinquish ownership and title of the projects to the State of Washington.

    ‘(c) Upon the purchase of the projects by the State of Washington, section 3(a), (c), and (d), and Sections 4, 7, and 9 of Public Law 102-495 are hereby repealed, and the remaining sections renumbered accordingly.’.

    SEC. 116. Section 7 of Public Law 99-647 (16 U.S.C. 461 note) is amended to read as follows:

‘SEC. 7. TERMINATION OF COMMISSION.

    ‘The Commission shall terminate on November 10, 1997.’.

    SEC. 117. The Congress of the United States hereby designates and ratifies the assignment to the University of Utah as successor to, and beneficiary of, all the existing assets, revenues, funds and rights granted to the State of Utah under the Miners Hospital Grant (February 20, 1929, 45 Stat. 1252) and the School of Mines Grant (July 26, 1894, 28 Stat. 110). Further, the Secretary of the Interior is authorized and directed to accept such relinquishment of all remaining and unconveyed entitlement for quantity grants owed the State of Utah for the Miners Hospital Grant (February 20, 1929, 45 Stat. 1252) and any unconveyed entitlement that may remain for the University of Utah School of Mines Grant (July 26, 1894, 28 Stat. 110).

    SEC. 118. Section 402(b)(1) of The Indian Self-Determination and Education Assistance Act (25 U.S.C. 458bb) is amended to read as follows: ‘(1) In addition to those Indian tribes participating in self-governance under subsection (a) of this section, the Secretary, acting through the Director of the Office of Self-Governance, may select up to 50 new tribes per year from the applicant pool described in subsection (c) of this section to participate in self-governance.’.

    SEC. 119. In fiscal year 1997 and thereafter, the Indian Arts and Crafts Board may charge admission fees at its museums; charge rent and/or franchise fees for shops located in its museums; publish and sell publications; sell or rent or license use of photographs or other images in hard copy or other forms; license the use of designs, in whole or in part, by others; charge for consulting services provided to others; and may accept the services of volunteers to carry out its mission: Provided, That all revenue derived from such activities is covered into the special fund established by section 4 of Public Law 74-355 (25 U.S.C. 305c).

    SEC. 120. Transfer of Certain Bureau of Land Management Facilities-

      (a) BATTLE MOUNTAIN, NEVADA- Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall transfer to Lander County, Nevada, without consideration, title to the former Bureau of Land Management administrative site and associated buildings in Battle Mountain, Nevada.

      (b) WINNEMUCCA, NEVADA-

        (1) TRANSFER- Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall transfer to the State of Nevada, without consideration, title to the surplus Bureau of Land Management District Office building in Winnemucca, Nevada.

        (2) USE- The transfer under paragraph (1) is made with the intent that the building shall be available to meet the needs of the Department of Conservation and Natural Resources of the State of Nevada.

    SEC. 121. ALASKA AVIATION HERITAGE-

      (a) FINDINGS- The Congress finds that--

        (1) the Department of the Interior’s Grumman Goose G21-A aircraft number N789 is to be retired from several decades of active service in the State of Alaska in 1996; and

        (2) the aircraft is of significant historic value to the people of the State of Alaska.

      (b) DONATION OF AIRCRAFT- The Secretary of the Interior shall transfer the Grumman Goose G21-A aircraft number N789 to the Alaska Aviation Heritage Museum in Anchorage, Alaska, at no cost to the museum, for permanent display.

    SEC. 122. The Mesquite Lands Act of 1988 is amended by adding the following at the end of section 3:

    ‘(d) FOURTH AREA- (1) No later than ten years after the date of enactment of this Act, the City of Mesquite shall notify the Secretary as to which if any of the public lands identified in paragraph (2) of this subsection the city wishes to purchase.

    ‘(2) For a period of twelve years after the date of enactment of this Act, the city shall have exclusive right to purchase the following parcels of public lands:

      ‘Parcel A--East 1/2 Sec. 6, T. 13 S., R. 71 E., Mount Diablo Meridian; Sec. 5, T. 13 S., R. 71 E., Mount Diablo Meridian; West 1/2 Sec. 4, T. 13 S., R. 71 E, Mount Diablo Meridian; East 1/2 , West 1/2 Sec. 4, T. 13 S., R. 71 E., Mount Diablo Meridian.

      ‘Parcel B--North 1/2 Sec. 7, T. 13 S., R. 71 E., Mount Diablo Meridian; South East 1/4 Sec. 12, T. 13 S., R. 70 E., Mount Diablo Meridian; East 1/2 North East 1/4 Sec. 12, T. 13 S., R. 70 E., Mount Diablo Meridian; East 1/2 , West 1/2 North East 1/4 Sec. 12, T. 13 S., R. 70 E., Mount Diablo Meridian.

      ‘Parcel C--West 1/2 Sec. 6, T. 13 S., R. 71 E., Mount Diablo Meridian; Sec. 1, T. 13 S., R. 70 E., Mount Diablo Meridian; West 1/2 , West 1/2 , North East 1/4 Sec. 12, T. 13 S., R. 70 E., Mount Diablo Meridian; North West 1/4 Sec. 13, S., R. 70 E., Mount Diablo Meridian; West 1/2 Sec. 12, T. 13 S., R. 70 E., Mount Diablo Meridian; East 1/2 , South East 1/4 , Sec. 11, T. 13 S., R. 70 E., Mount Diablo Meridian; East 1/2 North East 1/4 , Sec. 14, T. 13 S., R. 70 E., Mount Diablo Meridian.

      ‘Parcel D--South 1/2 Sec. 14, T. 13 S., R. 70 E., Mount Diablo Meridian; South West 1/4 , Sec. 13, T. 13 S., R. 70 E., Mount Diablo Meridian; Portion of section 23, North of Interstate 15, T. 13 S., R. 70 E., Mount Diablo Meridian; Portion of section 24, North of Interstate 15, T. 13 S., R. 70 E., Mount Diablo Meridian; Portion of section 26, North of Interstate 15, T. 13 S., R. 70 E., Mount Diablo Meridian.’

SEC. 123. FATHER AULL SITE TRANSFER.

    (a) This section may be cited as the ‘Father Aull Site Transfer Act of 1996’.

    (b) FINDINGS- Congress finds that--

      (1) the buildings and grounds developed by Father Roger Aull located on public domain land near Silver City, New Mexico, are historically significant to the citizens of the community;

      (2) vandalism at the site has become increasingly destructive and frequent in recent years;

      (3) because of the isolated location and the distance from other significant resources and agency facilities, the Bureau of Land Management has been unable to devote sufficient resources to restore and protect the site from further damage; and

      (4) St. Vincent DePaul Parish in Silver City, New Mexico, has indicated an interest in, and developed a sound proposal for the restoration of, the site, such that the site could be permanently occupied and used by the community.

    (c) CONVEYANCE OF PROPERTY- Subject to valid existing rights, all right, title and interest of the United States in and to the land (including improvements on the land), consisting of approximately 43.06 acres, located approximately 10 miles east of Silver City, New Mexico, and described as follows: T. 17 S., R. 12 W., Section 30: Lot 13, and Section 31: Lot 27 (as generally depicted on the map dated July 1995) is hereby conveyed by operation of law to St. Vincent DePaul Parish in Silver City, New Mexico, without consideration.

    (d) RELEASE- Upon the conveyance of any land or interest in land identified in this section of St. Vincent DePaul Parish, St. Vincent DePaul Parish shall assume any liability for any claim relating to the land or interest in the land arising after the date of the conveyance.

    (e) MAP- The map referred to in this section shall be on file and available for public inspection in--

      (1) the State of New Mexico Office of the Bureau of Land Management, Santa Fe, New Mexico; and

      (2) the Las Cruces District Office of the Bureau of Land Management, Las Cruces, New Mexico.

    SEC. 124. The second proviso under the heading ‘Bureau of Mines, Administrative Provisions’ of Public Law 104-134 is amended by inserting after the word ‘authorized’ the word ‘hereafter’.

    SEC. 125. Watershed Restoration and Enhancement Agreements.

      (a) IN GENERAL- For fiscal year 1997 and each fiscal year thereafter, appropriations made for the Bureau of Land Management may be used by the Secretary of the Interior for the purpose of entering into cooperative agreements with willing private landowners for restoration and enhancement of fish, wildlife, and other biotic resources on public or private land or both that benefit these resources on public lands within the watershed.

      (b) DIRECT AND INDIRECT WATERSHED AGREEMENTS- The Secretary of the Interior may enter into a watershed restoration and enhancement agreement--

        (1) directly with a willing private landowner; or

        (2) indirectly through an agreement with a State, local, or tribal government or other public entity, educational institution, or private nonprofit organization.

      (c) TERMS AND CONDITIONS- In order for the Secretary to enter into a watershed restoration and enhancement agreement--

        (1) the agreement shall--

          (A) include such terms and conditions mutually agreed to by the Secretary and the landowner;

          (B) improve the viability of and otherwise benefit the fish, wildlife, and other biotic resources on public land in the watershed;

          (C) authorize the provision of technical assistance by the Secretary in the planning of management activities that will further the purposes of the agreement;

          (D) provide for the sharing of costs of implementing the agreement among the Federal Government, the landowner, and other entities, as mutually agreed on by the affected interests; and

          (E) ensure that any expenditure by the Secretary pursuant to the agreement is determined by the Secretary to be in the public interest; and

        (2) the Secretary may require such other terms and conditions as are necessary to protect the public investment on private lands, provided such terms and conditions are mutually agreed to by the Secretary and the landowner.

    SEC. 126. Visitor Center Designation at Channel Islands National Park.

      (a) The visitor center at Channel Islands National Park, California, is hereby designated as the ‘Robert J. Lagomarsino Visitor Center’.

      (b) Any reference in law, regulation, paper, record, map, or any other document in the United States to the visitor center referred to in subsection (a) shall be deemed to be a reference to the ‘Robert J. Lagomarsino Visitor Center’.

TITLE II--RELATED AGENCIES

Department of Agriculture

FOREST SERVICE

forest AND RANGELAND research

    For necessary expenses of forest and rangeland research as authorized by law, $179,786,000, to remain available until expended.

state and private forestry

    For necessary expenses of cooperating with, and providing technical and financial assistance to States, Territories, possessions, and others and for forest pest management activities, cooperative forestry and education and land conservation activities, $154,711,000 to remain available until expended, as authorized by law.

national forest system

    For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, for ecosystem planning, inventory, and monitoring, and for administrative expenses associated with the management of funds provided under the heads ‘Forest and Rangeland Research,’ ‘State and Private Forestry,’ ‘National Forest System,’ ‘Wildland Fire Management,’ ‘Reconstruction and Construction,’ and ‘Land Acquisition,’ $1,274,031,000 to remain available until expended, and including 50 per centum of all monies received during the prior fiscal year as fees collected under the Land and Water Conservation Fund Act of 1965, as amended, in accordance with section 4 of the Act (16 U.S.C. 4601-6a(i)): Provided, That up to $5,000,000 of the funds provided herein for road maintenance shall be available for the planned obliteration of roads which are no longer needed.

wildland fire management

    For necessary expenses for forest fire presuppression activities on National Forest System lands, for emergency fire suppression on or adjacent to such lands or other lands under fire protection agreement, and for emergency rehabilitation of burned over National Forest System lands, $530,016,000, to remain available until expended: Provided, That unexpended balances of amounts previously appropriated under any other headings for Forest Service fire activities are transferred to and merged with this appropriation and subject to the same terms and conditions: Provided further, That such funds are available for repayment of advances from other appropriations accounts previously transferred for such purposes.

RECONSTRUCTION AND CONSTRUCTION

    For necessary expenses of the Forest Service, not otherwise provided for, $174,974,000, to remain available until expended for construction, reconstruction and acquisition of buildings and other facilities, and for construction, reconstruction and repair of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That not to exceed $50,000,000, to remain available until expended, may be obligated for the construction of forest roads by timber purchasers: Provided further, That funds appropriated under this head for the construction of the Wayne National Forest Supervisor’s Office may be granted to the Ohio State Highway Patrol as the federal share of the cost of construction of a new facility to be occupied jointly by the Forest Service and the Ohio State Highway Patrol: Provided further, That an agreed upon lease of space in the new facility shall be provided to the Forest Service without charge for the life of the building.

land acquisition

    For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-4-11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the Forest Service, $40,575,000, to be derived from the Land and Water Conservation Fund, to remain available until expended.

acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California, as authorized by law, $1,069,000, to be derived from forest receipts.

acquisition of lands to complete land exchanges

    For acquisition of lands, such sums, to be derived from funds deposited by State, county, or municipal governments, public school districts, or other public school authorities pursuant to the Act of December 4, 1967, as amended (16 U.S.C. 484a), to remain available until expended.

range betterment fund

    For necessary expenses of range rehabilitation, protection, and improvement, 50 per centum of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the sixteen Western States, pursuant to section 401(b)(1) of Public Law 94-579, as amended, to remain available until expended, of which not to exceed 6 per centum shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements.

gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain available until expended, to be derived from the fund established pursuant to the above Act.

administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year shall be available for: (a) purchase of not to exceed 159 passenger motor vehicles of which 14 will be used primarily for law enforcement purposes and of which 149 shall be for replacement; acquisition of 10 passenger motor vehicles from excess sources, and hire of such vehicles; operation and maintenance of aircraft, the purchase of not to exceed two for replacement only, and acquisition of 20 aircraft from excess sources; notwithstanding other provisions of law, existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft; (b) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment under 5 U.S.C. 3109; (c) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (d) acquisition of land, waters, and interests therein, pursuant to 7 U.S.C. 428a; (e) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C 558a, 558d, 558a note); and (f) for debt collection contracts in accordance with 31 U.S.C. 3718(c).

    None of the funds made available under this Act shall be obligated or expended to change the boundaries of any region, to abolish any region, to move or close any regional office for research, State and private forestry, or National Forest System administration of the Forest Service, Department of Agriculture, or to implement any reorganization, ‘reinvention’ or other type of organizational restructuring of the Forest Service, other than the relocation of the Regional Office for Region 5 of the Forest Service from San Francisco to excess military property at Mare Island, Vallejo, California, without the consent of the House and Senate Committees on Appropriations.

    Any funds available to the Forest Service may be used for retrofitting Mare Island facilities to accommodate the relocation: Provided, That funds for the move must come from funds otherwise available to Region 5: Provided further, That any funds to be provided for such purposes shall only be available upon approval of the House and Senate Committees on Appropriations.

    Any appropriations or funds available to the Forest Service may be advanced to the Wildland Fire Management appropriation and may be used for forest firefighting and the emergency rehabilitation of burned-over lands under its jurisdiction.

    Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development and the Foreign Agricultural Service in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations.

    None of the funds made available to the Forest Service under this Act shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C 147b unless the proposed transfer is approved in advance by the House and Senate Committees on Appropriations in compliance with the reprogramming procedures contained in House Report 103-551.

    None of the funds available to the Forest Service may be reprogrammed without the advance approval of the House and Senate Committees on Appropriations in accordance with the procedures contained in House Report 103-551.

    No funds appropriated to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture without the approval of the Chief of the Forest Service.

    Notwithstanding any other provision of the law, any appropriations or funds available to the Forest Service may be used to disseminate program information to private and public individuals and organizations through the use of nonmonetary items of nominal value and to provide nonmonetary awards of nominal value and to incur necessary expenses for the nonmonetary recognition of private individuals and organizations that make contributions to Forest Service programs.

    Notwithstanding any other provision of law, money collected, in advance or otherwise, by the Forest Service under authority of section 101 of Public Law 93-153 (30 U.S.C. 185(1)) as reimbursement of administrative and other costs incurred in processing pipeline right-of-way or permit applications and for costs incurred in monitoring the construction, operation, maintenance, and termination of any pipeline and related facilities, may be used to reimburse the applicable appropriation to which such costs were originally charged.

    Funds available to the Forest Service shall be available to conduct a program of not less than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by the Youth Conservation Corps as authorized by the Act of August 13, 1970, as amended by Public Law 93-408.

    None of the funds available in this Act shall be used for timber sale preparation using clearcutting in hardwood stands in excess of 25 percent of the fiscal year 1989 harvested volume in the Wayne National Forest, Ohio: Provided, That this limitation shall not apply to hardwood stands damaged by natural disaster: Provided further, That landscape architects shall be used to maintain a visually pleasing forest.

    Any money collected from the States for fire suppression assistance rendered by the Forest Service on non-Federal lands not in the vicinity of National Forest System lands shall be used to reimburse the applicable appropriation and shall remain available until expended as the Secretary may direct in conducting activities authorized by 16 U.S.C. 2101 (note), 2101-2110, 1606, and 2111.

    Of the funds available to the Forest Service, $1,500 is available to the Chief of the Forest Service for official reception and representation expenses.

    Notwithstanding any other provision of law, the Forest Service is authorized to employ or otherwise contract with persons at regular rates of pay, as determined by the Service, to perform work occasioned by emergencies such as fires, storms, floods, earthquakes or any other unavoidable cause without regard to Sundays, Federal holidays, and the regular workweek.

    To the greatest extent possible, and in accordance with the Final Amendment to the Shawnee National Forest Plan, none of the funds available in this Act shall be used for preparation of timber sales using clearcutting or other forms of even aged management in hardwood stands in the Shawnee National Forest, Illinois.

    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, funds up to $1,000,000 for matching funds shall be available for the National Forest Foundation on a one-for-one basis to match private contributions for projects on or benefitting National Forest System lands or related to Forest Service programs.

    Pursuant to section 2(b)(2) of Public Law 98-244, up to $1,000,000 of the funds available to the Forest Service shall be available for matching funds, as authorized in 16 U.S.C. 3701-3709, on a one-for-one basis to match private contributions for projects on or benefitting National Forest System lands or related to Forest Service programs.

    Funds appropriated to the Forest Service shall be available for interactions with and providing technical assistance to rural communities for sustainable rural development purposes.

    Notwithstanding any other provision of law, 80 percent of the funds appropriated to the Forest Service in the National Forest System and Construction accounts and planned to be allocated to activities under the ‘Jobs in the Woods’ program for projects on National Forest land in the State of Washington may be granted directly to the Washington State Department of Fish and Wildlife for accomplishment of planned projects. Twenty percent of said funds shall be retained by the Forest Service for planning and administering projects. Project selection and prioritization shall be accomplished by the Forest Service with such consultation with the State of Washington as the Forest Service deems appropriate.

    Funds appropriated to the Forest Service shall be available for payments to counties within the Columbia River Gorge National Scenic Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of Public Law 99-663.

    The Secretary of Agriculture shall by March 31, 1997 report to the Committees on Appropriations of the House of Representatives and the Senate on the status and disposition of all salvage timber sales started under the authority of Section 2001 of Public Law 104-19 and subsequently withdrawn or delayed and completed under different authorities as a consequence of the July 2, 1996 directive on the implementation of Section 2001 issued by the Secretary.

    The Pacific Northwest Research Station Silviculture Laboratory in Bend, Oregon is hereby named the Robert W. Chandler Building.

    For purposes of the Southeast Alaska Economic Disaster Fund as set forth in section 101(c) of Public Law 104-134, the direct grants provided in subsection (c) shall be considered direct payments for purposes of all applicable law.

    No Employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act to any other agency or office of the Department for more than 30 days unless the individual’s employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment.

DEPARTMENT OF ENERGY

CLEAN COAL TECHNOLOGY

(RESCISSION)

    Of the funds made available under this heading for obligation in fiscal year 1997 or prior years, $123,000,000 are rescinded: Provided, That funds made available in previous appropriations Acts shall be available for any ongoing project regardless of the separate request for proposal under which the project was selected.

fossil energy research and development

    For necessary expenses in carrying out fossil energy research and development activities, under the authority of the Department of Energy Organization Act (Public Law 95-91), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing,

use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), performed under the minerals and materials science programs at the Albany Research Center in Oregon, $364,704,000, to remain available until expended: Provided, That no part of the sum herein made available shall be used for the field testing of nuclear explosives in the recovery of oil and gas.

alternative fuels production

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

    Monies received as investment income on the principal amount in the Great Plains Project Trust at the Norwest Bank of North Dakota, in such sums as are earned as of October 1, 1996, shall be deposited in this account and immediately transferred to the General Fund of the Treasury. Monies received as revenue sharing from the operation of the Great Plains Gasification Plant shall be immediately transferred to the General Fund of the Treasury. Funds are hereby rescinded in the amount of $2,500,000 from unobligated balances under this head.

naval petroleum and oil shale reserves

    For necessary expenses in carrying out naval petroleum and oil shale reserve activities, $143,786,000, to remain available until expended: Provided, That the requirements of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal year 1997.

energy conservation

    For necessary expenses in carrying out energy conservation activities, $550,000,000, to remain available until expended, including, notwithstanding any other provision of law, the excess amount for fiscal year 1997 determined under the provisions of section 3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided, That $145,845,000 shall be for use in energy conservation programs as defined in section 3008(3) of Public Law 99-509 (15 U.S.C. 4507) and shall not be available until excess amounts are determined under the provisions of section 3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided further, That notwithstanding section 3003(d)(2) of Public Law 99-509 such sums shall be allocated to the eligible programs as follows: $117,845,000 for weatherization assistance grants and $28,000,000 for State energy conservation grants.

economic regulation

    For necessary expenses in carrying out the activities of the Office of Hearing and Appeals, $2,725,000, to remain available until expended.

strategic petroleum reserve

(including transfer of funds)

    For necessary expenses for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.), $220,000,000, to remain available until expended, of which $220,000,000 shall be repaid from the ‘SPR Operating Fund’ from amounts made available from the sale of oil from the Reserve: Provided, That notwithstanding section 161 of the Energy Policy and Conservation Act, the Secretary shall draw down and sell in fiscal year 1997 $220,000,000 worth of oil from the Strategic Petroleum Reserve: Provided further, That the proceeds from the sale shall be deposited into a special account in the Treasury, to be established and known as the ‘SPR Operating Fund’, and shall, upon receipt, be transferred to the Strategic Petroleum Reserve account for operations of the Strategic Petroleum Reserve.

spr petroleum account

    Notwithstanding 42 U.S.C. 6240(d) the United States share of crude oil in Naval Petroleum Reserve Numbered 1 (Elk Hills) may be sold or otherwise disposed of to other than the Strategic Petroleum Reserve: Provided, That outlays in fiscal year 1997 resulting from the use of funds in this account shall not exceed $5,000,000.

energy information administration

    For necessary expenses in carrying out the activities of the Energy Information Administration, $66,120,000 to remain available until expended.

administrative provisions, department of energy

    Appropriations under this Act for the current fiscal year shall be available for hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase, repair, and cleaning of uniforms; and reimbursement to the General Services Administration for security guard services.

    From appropriations under this Act, transfers of sums may be made to other agencies of the Government for the performance of work for which the appropriation is made.

    None of the funds made available to the Department of Energy under this Act shall be used to implement or finance authorized price support or loan guarantee programs unless specific provision is made for such programs in an appropriations Act.

    The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, private or foreign: Provided, That revenues and other moneys received by or for the account of the Department of Energy or otherwise generated by sale of products in connection with projects of the Department appropriated under this Act may be retained by the Secretary of Energy, to be available until expended, and used only for plant construction, operation, costs, and payments to cost-sharing entities as provided in appropriate cost-sharing contracts or agreements: Provided further, That the remainder of revenues after the making of such payments shall be covered into the Treasury as miscellaneous receipts: Provided further, That any contract, agreement, or provision thereof entered into by the Secretary pursuant to this authority shall not be executed prior to the expiration of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) from the receipt by the Speaker of the House of Representatives and the President of the Senate of a full comprehensive report on such project, including the facts and circumstances relied upon in support of the proposed project.

    No funds provided in this Act may be expended by the Department of Energy to prepare, issue, or process procurement documents for programs or projects for which appropriations have not been made.

    In addition to other authorities set forth in this Act, the Secretary may accept fees and contributions from public and private sources, to be deposited in a contributed funds account, and prosecute projects using such fees and contributions in cooperation with other Federal, State or private agencies or concerns.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination Act, the Indian Health Care Improvement Act, and titles II and III of the Public Health Service Act with respect to the Indian Health Service, $1,806,269,000, together with payments received during the fiscal year pursuant to 42 U.S.C. 238(b) for services furnished by the Indian Health Service: Provided, That funds made available to tribes and tribal organizations

through contracts, grant agreements, or any other agreements or compacts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of the grant or contract award and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That $12,000,000 shall remain available until expended, for the Indian Catastrophic Health Emergency Fund: Provided further, That $356,325,000 for contract medical care shall remain available for obligation until September 30, 1998: Provided further, That of the funds provided, not less than $11,706,000 shall be used to carry out the loan repayment program under section 108 of the Indian Health Care Improvement Act: Provided further, That funds provided in this Act may be used for one-year contracts and grants which are to be performed in two fiscal years, so long as the total obligation is recorded in the year for which the funds are appropriated: Provided further, That the amounts collected by the Secretary of Health and Human Services under the authority of title IV of the Indian Health Care Improvement Act shall remain available until expended for the purpose of achieving compliance with the applicable conditions and requirements of titles XVIII and XIX of the Social Security Act (exclusive of planning, design, or construction of new facilities): Provided further, That of the funds provided, $7,500,000 shall remain available until expended, for the Indian Self-Determination Fund, which shall be available for the transitional costs of initial or expanded tribal contracts, compacts, grants or cooperative agreements with the Indian Health Service under the provisions of the Indian Self-Determination Act: Provided further, That funding contained herein, and in any earlier appropriations Acts for scholarship programs under the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain available for obligation until September 30, 1998: Provided further, That amounts received by tribes and tribal organizations under title IV of the Indian Health Care Improvement Act shall be reported and accounted for and available to the receiving tribes and tribal organizations until expended.

indian health facilities

    For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings, and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act, and the Indian Health Care Improvement Act, and for expenses necessary to carry out such Acts and titles II and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health Service, $247,731,000, to remain available until expended: Provided, That notwithstanding any other provision of law, funds appropriated for the planning, design, construction or renovation of health facilities for the benefit of an Indian tribe or tribes may be used to purchase land for sites to construct, improve, or enlarge health or related facilities.

administrative provisions, indian health service

    Appropriations in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. 3109 but at rates not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under 5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of modular buildings and renovation of existing facilities; payments for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and for uniforms or allowances therefore as authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities: Provided, That in accordance with the provisions of the Indian Health Care Improvement Act, non-Indian patients may be extended health care at all tribally administered or Indian Health Service facilities, subject to charges, and the proceeds along with funds recovered under the Federal Medical Care Recovery Act (42 U.S.C. 2651-53) shall be credited to the account of the facility providing the service and shall be available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development to the Indian Health Service shall be administered under Public Law 86-121 (the Indian Sanitation Facilities Act) and Public Law 93-638, as amended: Provided further, That funds appropriated to the Indian Health Service in this Act, except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing Federal travel and transportation: Provided further, That notwithstanding any other provision of law, funds previously or herein made available to a tribe or tribal organization through a contract, grant, or agreement authorized by title I or title III of the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450), may be deobligated and reobligated to a self-determination contract under title I, or a self-governance agreement under title III of such Act and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That none of the funds made available to the Indian Health Service in this Act shall be used to implement the final rule published in the Federal Register on September 16, 1987, by the Department of Health and Human Services, relating to the eligibility for the health care services of the Indian Health Service until the Indian Health Service has submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been included in an appropriations Act and enacted into law: Provided further, That funds made available in this Act are to be apportioned to the Indian Health Service as appropriated in this Act, and accounted for in the appropriation structure set forth in this Act: Provided further, That funds received from any source, including tribal contractors and compactors for previously transferred functions which tribal contractors and compactors no longer wish to retain, for services, goods, or training and technical assistance, shall be retained by the Indian Health Service and shall remain available until expended by the Indian Health Service: Provided further, That reimbursements for training, technical assistance, or services provided by the Indian Health Service will contain total costs, including direct, administrative, and overhead associated with the provision of goods, services, or technical assistance: Provided further, That the appropriation structure for the Indian Health Service may not be altered without advance approval of the House and Senate Committees on Appropriations.

DEPARTMENT OF EDUCATION

Office of Elementary and Secondary Education

indian education

    For necessary expenses to carry out, to the extent not otherwise provided, title IX, part A of the Elementary and Secondary Education Act of 1965, as amended, and section 215 of the Department of Education Organization Act, $61,000,000.

OTHER RELATED AGENCIES

Office of Navajo and Hopi Indian Relocation

salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian Relocation as authorized by Public Law 93-531, $19,345,000, to remain available until expended: Provided, That funds provided in this or any other appropriations Act are to be used to relocate eligible individuals and groups including evictees from District 6, Hopi-partitioned lands residents, those in significantly substandard housing, and all others certified as eligible and not included in the preceding categories: Provided further, That none of the funds contained in this or any other Act may be used by the Office of Navajo and Hopi Indian Relocation to evict any single Navajo or Navajo family who, as of November 30, 1985, was physically domiciled on the lands partitioned to the Hopi Tribe unless a new or replacement home is provided for such household: Provided further, That no relocatee will be provided with more than one new or replacement home: Provided further, That the Office shall relocate any certified eligible relocatees who have selected and received an approved homesite on the Navajo reservation or selected a replacement residence off the Navajo reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.

Institute of American Indian and Alaska Native Culture and Arts Development

payment to the institute

    For payment to the Institute of American Indian and Alaska Native Culture and Arts Development, as authorized by title XV of Public Law 99-498, as amended (20 U.S.C. 56, part A), $5,500,000.

Smithsonian Institution

salaries and expenses

    For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease (for terms not to exceed thirty years), and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109; up to 5 replacement passenger vehicles; purchase, rental, repair, and cleaning of uniforms for employees; $317,557,000, of which not to exceed $30,665,000 for the instrumentation program, collections acquisition, Museum Support Center equipment and move, exhibition reinstallation, the National Museum of the American Indian, the repatriation of skeletal remains program, research equipment, information management, and Latino programming shall remain available until expended, and including such funds as may be necessary to support American overseas research centers and a total of $125,000 for the Council of American Overseas Research Centers: Provided, That funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations.

construction and improvements, national zoological park

    For necessary expenses of planning, construction, remodeling, and equipping of buildings and facilities at the National Zoological Park, by contract or otherwise, $3,850,000, to remain available until expended.

repair and restoration of buildings

    For necessary expenses of repair and restoration of buildings owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), including not to exceed $10,000 for services as authorized by 5 U.S.C. 3109, $39,000,000, to remain available until expended: Provided, That contracts awarded for environmental systems, protection systems, and exterior repair or restoration of buildings of the Smithsonian Institution may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price.

construction

    For necessary expenses for construction, $10,000,000, to remain available until expended.

National Gallery of Art

SALARIES AND EXPENSES

    For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939

(Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901-5902); purchase or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and purchase of services for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $53,899,000, of which not to exceed $3,026,000 for the special exhibition program shall remain available until expended.

repair, restoration and renovation of buildings

    For necessary expenses of repair, restoration and renovation of buildings, grounds and facilities owned or occupied by the National Gallery of Art, by contract or otherwise, as authorized, $5,942,000, to remain available until expended: Provided, That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price.

John F. Kennedy Center for the Performing Arts

OPERATIONS AND MAINTENANCE

    For necessary expenses for the operation, maintenance and security of the John F. Kennedy Center for the Performing Arts, $10,875,000.

construction

    For necessary expenses of capital repair and rehabilitation of the existing features of the building and site of the John F. Kennedy Center for the Performing Arts, $9,000,000, to remain available until expended.

Woodrow Wilson International Center for Scholars

SALARIES AND EXPENSES

    For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger vehicles and services as authorized by 5 U.S.C. 3109, $5,840,000.

National Foundation on the Arts and the Humanities

National Endowment for the Arts

grants and administration

    For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, as amended, $82,734,000, shall be available to the National Endowment for the Arts for the support of projects and productions in the arts through assistance to organizations and individuals pursuant to section 5(c) of the Act, and for administering the functions of the Act, to remain available until expended.

MATCHING GRANTS

    To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the Humanities Act of 1965, as amended, $16,760,000, to remain available until expended, to the National Endowment for the Arts: Provided, That this appropriation shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the Chairman or by grantees of the Endowment under the provisions of section 10(a)(2), subsections 11(a)(2)(A) and 11(a)(3)(A) during the current and preceding fiscal years for which equal amounts have not previously been appropriated.

National Endowment for the Humanities

GRANTS AND ADMINISTRATION

    For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, as amended, $96,100,000 shall be available to the National Endowment for the Humanities for support of activities in the humanities, pursuant to section 7(c) of the Act, and for administering the functions of the Act, to remain available until expended.

MATCHING GRANTS

    To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the Humanities Act of 1965, as amended, $13,900,000, to remain available until expended, of which $8,000,000 shall be available to the National Endowment for the Humanities for the purposes of section 7(h): Provided, That this appropriation shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the Chairman or by grantees of the Endowment under the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal years for which equal amounts have not previously been appropriated.

Institute of Museum Services

grants and administration

    For carrying out title II of the Arts, Humanities, and Cultural Affairs Act of 1976, as amended, $22,000,000, to remain available until expended.

administrative provisions

    None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided, That none of the funds appropriated to the National Foundation on the Arts and the Humanities may be used for official reception and representation expenses.

Commission of Fine Arts

salaries and expenses

    For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $867,000.

national capital arts and cultural affairs

    For necessary expenses as authorized by Public Law 99-190 (20 U.S.C. 956(a)), as amended, $6,000,000.

Advisory Council on Historic Preservation

salaries and expenses

    For necessary expenses of the Advisory Council on Historic Preservation (Public Law 89-665, as amended), $2,500,000: Provided, That none of these funds shall be available for the compensation of Executive Level V or higher position.

National Capital Planning Commission

salaries and expenses

    For necessary expenses, as authorized by the National Capital Planning Act of 1952 (40 U.S.C 71-71i), including services as authorized by 5 U.S.C. 3109, $5,390,000: Provided, That all appointed members will be compensated at a rate not to exceed the rate for Executive Schedule Level IV.

Franklin Delano Roosevelt Memorial Commission

salaries and expenses

    For necessary expenses of the Franklin Delano Roosevelt Memorial Commission, established by the Act of August 11, 1955 (69 Stat. 694), as amended by Public Law 92-332 (86 Stat. 401), $500,000 to remain available until expended.

United States Holocaust Memorial Council

holocaust memorial council

    For expenses of the Holocaust Memorial Council, as authorized by Public Law 96-388 (36 U.S.C. 1401), as amended, $30,707,000, of which $1,575,000 for the Museum’s repair and rehabilitation program and $1,264,000 for the Museum’s exhibitions program shall remain available until expended.

TITLE III--GENERAL PROVISIONS

    SEC. 301. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to existing law.

    SEC. 302. No part of any appropriation under this Act shall be available to the Secretary of the Interior or the Secretary of Agriculture for the leasing of oil and natural gas by noncompetitive bidding on publicly owned lands within the boundaries of the Shawnee National Forest, Illinois: Provided, That nothing herein is intended to inhibit or otherwise affect the sale, lease, or right to access to minerals owned by private individuals.

    SEC. 303. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which congressional action is not complete.

    SEC. 304. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

    SEC. 305. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of such department or agency except as otherwise provided by law.

    SEC. 306. No assessments may be levied against any program, budget activity, subactivity, or project funded by this Act unless advance notice of such assessments and the basis therefor are presented to the Committees on Appropriations and are approved by such Committees.

    SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN ACT- None of the funds made available in this Act may be expended by an entity unless the entity agrees that in expending the funds the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c; popularly known as the ‘Buy American Act’).

    (b) Sense of Congress; Requirement Regarding Notice-

      (1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS- In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products.

      (2) NOTICE TO RECIPIENTS OF ASSISTANCE- In providing financial assistance using funds made available in this Act, the head of each Federal agency shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by the Congress.

    (c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA- If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘Made in America’ inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.

    SEC. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land

Management lands in a manner different than such sales were conducted in fiscal year 1995.

    SEC. 309. None of the funds made available by this Act may be obligated or expended by the National Park Service to enter into or implement a concession contract which permits or requires the removal of the underground lunchroom at the Carlsbad Caverns National Park.

    SEC. 310. Where the actual costs of construction projects under self-determination contracts, compacts, or grants, pursuant to Public Laws 93-638, 103-413, or 100-297, are less than the estimated costs thereof, use of the resulting excess funds shall be determined by the appropriate Secretary after consultation with the tribes.

    SEC. 311. Notwithstanding Public Law 103-413, quarterly payments of funds to tribes and tribal organizations under annual funding agreements pursuant to section 108 of Public Law 93-638, as amended, may be made on the first business day following the first day of a fiscal quarter.

    SEC. 312. None of the funds appropriated or otherwise made available by this Act may be used for the AmeriCorps program, unless the relevant agencies of the Department of the Interior and/or Agriculture follow appropriate reprogramming guidelines: Provided, That if no funds are provided for the AmeriCorps program by the VA-HUD and Independent Agencies fiscal year 1997 appropriations bill, then none of the funds appropriated or otherwise made available by this Act may be used for the AmeriCorps programs.

    SEC. 313. None of the funds made available in this Act may be used (1) to demolish the bridge between Jersey City, New Jersey, and Ellis Island; or (2) to prevent pedestrian use of such bridge, when it is made known to the Federal official having authority to obligate or expend such funds that such pedestrian use is consistent with generally accepted safety standards.

    SEC. 314. (a) None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to accept or process applications for a patent for any mining or mill site claim located under the general mining laws.

    (b) The provisions of subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994, and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were fully complied with by the applicant by that date.

    (c) PROCESSING SCHEDULE- For those applications for patents pursuant to subsection (b) which were filed with the Secretary of the Interior, prior to September 30, 1994, the Secretary of the Interior shall--

      (1) Within three months of the enactment of this Act, file with the House and Senate Committees on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate a plan which details how the Department of the Interior will make a final determination as to whether or not an applicant is entitled to a patent under the general mining laws on at least 90 percent of such applications within five years of the enactment of this Act and file reports annually thereafter with the same committees detailing actions taken by the Department of the Interior to carry out such plan; and

      (2) Take such actions as may be necessary to carry out such plan.

    (d) MINERAL EXAMINATIONS- In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of

the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management shall have the sole responsibility to choose and pay the third-party contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of third-party contractors.

    SEC. 315. None of the funds appropriated or otherwise made available by this Act may be used for the purposes of acquiring lands in the counties of Gallia, Lawrence, Monroe, or Washington, Ohio, for the Wayne National Forest.

    SEC. 316. Of the funds provided to the National Endowment for the Arts:

      (a) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American Jazz Masters Fellowship.

      (b) The Chairperson shall establish procedures to ensure that no funding provided through a grant, except a grant made to a State or local arts agency, or regional group, may be used to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods and services.

      (c) No grant shall be used for seasonal support to a group, unless the application is specific to the contents of the season, including identified programs and/or projects.

    SEC. 317. None of the funds available to the Department of the Interior or the Department of Agriculture by this or any other Act may be used to prepare, promulgate, implement, or enforce any rule or regulation pursuant to title VIII of the Alaska National Interest Lands Conservation Act to assert jurisdiction, management, or control over any waters (other than non-navigable waters on Federal lands), non-Federal lands, or lands selected by, but not conveyed to, the State of Alaska pursuant to the Submerged Lands Act of 1953 or the Alaska Statehood Act, or an Alaska Native Corporation pursuant to the Alaska Native Claims Settlement Act.

    SEC. 318. No funds appropriated under this or any other Act shall be used to review or modify sourcing areas previously approved under section 490(c)(3) of the Forest Resources Conservation and Shortage Relief Act of 1990 (Public Law 101-382) or to enforce or implement Federal regulations 36 CFR part 223 promulgated on September 8, 1995. The regulations and interim rules in effect prior to September 8, 1995 (36 CFR 223.48, 36 CFR 223.87, 36 CFR 223 subpart D, 36 CFR 223 subpart F, and 36 CFR 261.6) shall remain in effect. The Secretary of Agriculture or the Secretary of the Interior shall not adopt any policies concerning Public Law 101-382 or existing regulations that would restrain domestic transportation or processing of timber from private lands or impose additional accountability requirements on any timber. The Secretary of Commerce shall extend until September 30, 1997, the order issued under section 491(b)(2)(A) of Public Law 101-382 and shall issue an order under section 491(b)(2)(B) of such law that will be effective October 1, 1997.

    SEC. 319. Section 101(c) of Public Law 104-134 is amended as follows: Under the heading ‘Title III--General Provisions’ amend section 315(b) by striking ‘50, areas,’ and inserting in lieu thereof ‘100, areas,’ and amend section 315(f) by striking ‘September 30, 1998’ and inserting in lieu thereof ‘September 30, 1999’ and by striking ‘September 30, 2001’ and inserting in lieu thereof ‘September 30, 2002’.

    SEC. 320. None of the amounts made available by this Act may be used for design, planning, implementation, engineering, construction, or any other activity in connection with a scenic shoreline drive in Pictured Rocks National Lakeshore.

    SEC. 321. None of the funds made available in this Act may be used by the Bureau of Indian Affairs to transfer any land into trust under section 5 of the Indian Reorganization Act (25 U.S.C. 465), or any other Federal statute that does not explicitly denominate and identify a specific tribe or specific property, except when it is made known to the Federal official having authority to obligate or expend such funds that--

      (1) a binding agreement is in place between the tribe that will have jurisdiction over the land to be taken into trust and the appropriate State and local officials; and

      (2) such agreement provides, for as long as the land is held in trust, for the collection and payment, by any retail establishment located on the land to be taken into trust, of State and local sales and excise taxes, including any special tax on motor fuel, tobacco, or alcohol, on any retail item sold to any nonmember of the tribe for which the land is held in trust, or an agreed upon payment in lieu of such taxes.

    SEC. 322. LAND TRANSFER, BEND SILVICULTURE LAB, DESCHUTES NATIONAL FOREST, OREGON-

      (a) TRANSFER OF REAL PROPERTY AND ALL IMPROVEMENTS LOCATED THEREON- Notwithstanding any other provisions of law, there is hereby transferred, without consideration and subject to existing valid rights, all right, title and interest of the United States in and to approximately 5.73 acres of land as described by plat dated July 7, 1977, (which is on file and available for public inspection in the Office of the Chief, USDA Forest Service, Washington, D.C.), as well as all improvements, including the Bend Silviculture Lab located thereon, to the Central Oregon Community College, Bend, Oregon; this being a portion of the same tract acquired by donation from the City of Bend on August 10, 1960, through a Bargain and Sale deed to the USDA Forest Service for use as a research lab, and recorded in volume 125, page 508 of the Deschutes County, Oregon, Deed Records.

      (b) CONDITIONS OF TRANSFER- The transfer effected by subsection (a) is made subject to no special terms or conditions.

    SEC. 323. Upon the date of enactment of this Act, no part of any appropriation contained in this Act or any other Act shall be expended or obligated to fund the activities of the Office of Forestry and Economic Assistance, or any successor office.

    SEC. 324. (a) The Secretary of the Interior is authorized to accept title to approximately 84 acres of land located in Prince Georges County, Maryland, adjacent to Oxon Cove Park, and bordered generally by the Potomac River, Interstate 295 and the Woodrow Wilson Bridge, or any interest therein, and in exchange therefor may convey to the Corrections Corporation of America approximately 50 acres of land located in Oxon Cove Park in the District of Columbia and bordered generally by Oxon Cove, Interstate 295 and the District of Columbia Impound Lot, or any interest therein.

    (b) Before proceeding with an exchange, the Secretary shall determine if the Federal property is suitable for exchange under the criteria normally used by the National Park Service. The exchange shall comply with applicable regulations and National Park Service policies for land exchanges.

    (c)(1) The Secretary shall not acquire any lands under this section if the Secretary determines that the lands or any portion thereof have become contaminated with hazardous substances (as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 960l)).

    (2) Notwithstanding any other provision of law, the United States shall have no responsibility or liability with respect to any hazardous wastes or other substances placed on any of the lands covered by this section after their transfer to the ownership of any party, but nothing in this section shall be construed as either diminishing or increasing any responsibility or liability of the United States based on the condition of such lands on the date of their transfer to the ownership of another party: Provided, That the Corrections Corporation of America shall indemnify the United States for liabilities arising under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 960l) and the Resource Conservation Recovery Act (42 U.S.C. 690l, et seq.).

    (d) The properties so exchanged either shall be approximately equal in fair market value or if they are not approximately equal, shall be equalized by the payment of cash to the Corporation or to the Secretary as required or in the event the value of the Corporation’s lands is greater, the acreage may be reduced so that the fair market value is approximately equal: Provided, That the Secretary shall order appraisals made of the fair market value for improvements thereon: Provided further, That any such cash payment received by the Secretary shall be deposited to ‘Miscellaneous Trust Funds, National Park Service’ and shall be available without further appropriation until expended for the acquisition of land within the National Park System.

    (e) Costs of conducting necessary land surveys, preparing the legal descriptions of the lands to be conveyed, performing the appraisals, and administrative costs incurred in completing the exchange shall be borne by the Corporation.

    (f) Following any exchange authorized by this provision, the boundaries of Oxon Cove Park shall be expanded to include the land acquired by the United States.

    SEC. 325. SECTION 1. LAND EXCHANGE-

      (a) EXCHANGE- Subject to subsection (c), the Secretary of Agriculture (referred to in this section as the ‘Secretary’) shall convey all right, title, and interest of the United States in and to the National Forest System lands described in subsection (b)(1) to Public Utility District No. 1 of Chelan County, Washington (referred to in this section as the ‘Public Utility District’), in exchange for the conveyance to the Department of Agriculture by the Public Utility District of all right, title, and interest of the Public Utility District in and to the lands described in subsection (b)(2).

      (b) DESCRIPTION OF LANDS-

        (1) NATIONAL FOREST SYSTEM LANDS- The National Forest System lands referred to in subsection (a) are 122 acres, more or less, that are partially occupied by a wastewater treatment facility referred to in subsection (c)(4)(A) with the following legal description:

          (A) The NE 1/4 of SW 1/4 of section 27 of township 27 north, range 17 east, Willamette Meridian, Chelan County, Washington.

          (B) The N 1/2 of SE 1/4 of SW 1/4 of such section 27.

          (C) The W 1/2 of NW 1/4 of SE 1/4 of such section 27.

          (D) The NW 1/4 of SW 1/4 of SE 1/4 of such section 27.

          (E) The E 1/2 of NW 1/4 of the SE 1/4 of such section 27.

          (F) That portion of the S 1/2 of SE 1/4 of SW 1/4 lying north of the northerly edge of Highway 209 right-of-way of such section 27.

        (2) PUBLIC UTILITY DISTRICT LANDS- The lands owned by the Public Utility District are 109.15 acres, more or less, with the following legal description:

          (A) S 1/2 of SW 1/4 of section 35 of township 26 north, range 17 east, Willamette Meridian, Chelan County, Washington.

          (B) The area specified by Public Utility District No. 1 as Government Lot 5 in such section 35.

      (c) REQUIREMENTS FOR EXCHANGE-

        (1) TITLE ACCEPTANCE AND CONVEYANCE- Upon offer by the Public Utility District of all right, title and interest in and to the lands described in subsection (b)(2), if the title is found acceptable by the Secretary, the Secretary shall accept title to such lands and interests therein and shall convey to the Public Utility District all right, title, and interest of the United States in and to the lands described in subsection (b)(1).

        (2) APPRAISALS REQUIRED- Before making an exchange pursuant to subsection (a), the Secretary shall conduct appraisals of the lands that are subject to the exchange to determine the fair market value of the lands. Such appraisals shall not include the value of the wastewater treatment facility referred to in paragraph (4)(A).

        (3) ADDITIONAL CONSIDERATION- If, on the basis of the appraisals made under paragraph (1), the Secretary determines that the fair market value of the lands to be conveyed by one party under subsection (a) is less than the fair market value of the lands to be conveyed by the other party under subsection (a), then, as a condition of making the exchange under subsection (a), the party conveying the lands with the lesser value shall pay the other party the amount by which the fair market value of the lands of greater value exceeds the fair market value of the lands of lesser value.

        (4) CONVEYANCE OF WASTEWATER TREATMENT FACILITY- (A) As part of an exchange made under subsection (a), the Secretary shall convey to the Public Utility District of Chelan County, Washington, all right, title and interest of the United States in and to the wastewater treatment facility (including the wastewater treatment plant and associated lagoons) located on the lands described in subsection (b)(1) that is in existence on the date of the exchange.

        (B) As a condition for the exchange under subsection (a), the Public Utility District shall provide for a credit equal to the fair market value of the wastewater treatment facility conveyed pursuant to subparagraph (A) (determined as of November 4, 1991), that shall be applied to the United States’ share of any new wastewater treatment facility constructed by the Public Utility District after such date.

      (d) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require such additional terms and conditions in connection with the exchange under this section as the Secretary determines appropriate to protect the interests of the United States.

    SEC. 326. ‘Snoqualmie National Forest Boundary Adjustment Act of 1996.’

      (a) IN GENERAL- The Secretary of Agriculture is hereby directed to modify the boundary of the Snoqualmie National Forest to include and encompass 10,589.47 acres, more or less, as generally depicted on a map entitled ‘Snoqualmie National Forest Proposed 1996 Boundary Modification’ dated July, 1996. Such map, together with a legal description of all lands included in the boundary adjustment, shall be on file and available for public inspection in the Office of the Chief of the Forest Service in Washington, District of Columbia.

      (b) RULE FOR LAND AND WATER CONSERVATION FUND- For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundary of the Snoqualmie National Forest, as modified pursuant to subsection (a), shall

be considered to be the boundary of that National Forest as of January 1, 1965.

    SEC. 327. Sugarbush Land Exchange Act of 1996.

      (a) EXCHANGE OR SALE OF LAND-

        (1) If Sugarbush Resort Holdings, Inc. conveys to the United States land acceptable to the Secretary of Agriculture that is at least equal in value to the value of the land described in subsection (a)(2), makes a payment of cash at least equal to that value, or conveys land and makes a payment of cash that in combination are at least equal to that value, the Secretary, subject to valid existing rights, shall, under such terms and conditions as the Secretary may prescribe, convey all right, title, and interest of the United States in and to the land described in subsection (a)(2).

        (2) FEDERAL LAND TO BE EXCHANGED- The Federal land to be exchanged is approximately 57 acres of federally owned land in the Green Mountain National Forest depicted on the map entitled ‘Green Mountain National Forest, Sugarbush Exchange,’ dated December 1995.

        (3) Lands acquired from Sugarbush Resort Holdings, Inc- Any land conveyed to the United States in an exchange under subsection (a)(1) shall be subject to such valid existing rights of record as may be acceptable to the Secretary, and the title to the parcel shall conform with the title approval standards applicable to federal land acquisitions.

      (b) ADMINISTRATION OF LAND-

        (1) ADDITION TO GREEN MOUNTAIN NATIONAL FOREST- On approval and acceptance of title by the Secretary, the land acquired by the United States through an exchange or with proceeds from a sale under subsection (a) shall become part of the Green Mountain National Forest, and the boundaries of the National Forest shall be adjusted to include the land.

        (2) ADMINISTRATION- Land acquired under this Act shall be administered by the Secretary in accordance with the laws (including regulations) pertaining to the National Forest System.

        (3) AUTHORITY OF THE SECRETARY- This section does not limit the authority of the Secretary to adjust the boundaries of the Green Mountain National Forest pursuant to section 11 of the Act of March 1, 1911 (36 Stat. 963, chapter 186; 16 U.S.C. 521) (commonly known as the ‘Weeks Law’).

        (4) For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Green Mountain National Forest, as adjusted under this Act, shall be considered to be the boundaries of the Green Mountain National Forest as of January 1, 1965.

    SEC. 328. Snowbird Wilderness Study Area.

      (a) IN GENERAL- Section 6(a)(4) of the North Carolina Wilderness Act of 1984 (Public Law 98-324) is amended--

        (1) by striking ‘eight thousand four hundred and ninety acres’ and inserting ‘8,390 acres’; and

        (2) by striking ‘July 1983’ and inserting ‘July 1996’.

      (b) MANAGEMENT- The Secretary of Agriculture shall manage the area removed from wilderness study status by the amendments made by subsection (a) in accordance with the provisions of law applicable to adjacent areas outside the wilderness study area.

    SEC. 329. Renaming of Wilderness Area.

      (a) The Columbia Wilderness, created by the Oregon Wilderness Act of 1984, Public Law 98-328, located in the Mt. Hood National Forest, Oregon, shall be known and designated as the ‘Mark O. Hatfield Wilderness’.

      (b) Any references in a law, map, regulation, document, paper, or other record of the United States to the Columbia Wilderness shall be deemed to be a reference to the ‘Mark O. Hatfield Wilderness’.

    SEC. 330. Notwithstanding any other provision of law, for fiscal year 1997 the Secretaries of Agriculture and Interior are authorized to limit competition for watershed restoration project contracts as part of the ‘Jobs in the Woods’ component of the President’s Forest Plan for the Pacific Northwest to individuals and entities in historically timber-dependent areas in the States of Washington, Oregon, and northern California that have been affected by reduced timber harvesting on Federal lands.

    SEC. 331. Section 9 of the Rhode Island Indian Claims Settlement Act (25 U.S.C. 1708) is amended--

      (1) by striking ‘Sec. 9. Except as’; and inserting the following:

    ‘(a) IN GENERAL- Except as’;

      (2) by striking the section heading and inserting the following:

‘SEC. 9. APPLICABILITY OF STATE LAW; TREATMENT OF SETTLEMENT LANDS UNDER THE INDIAN GAMING REGULATORY ACT.’;

      and

      (3) by adding at the end the following new subsection:

    ‘(b) TREATMENT OF SETTLEMENT LANDS UNDER THE INDIAN GAMING REGULATORY ACT- For purposes of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), settlement lands shall not be treated as Indian lands.’.

    SEC. 332. During fiscal year 1997, the Secretary of the Interior may not expend any funds made available under this Act to develop, promulgate, implement, or enforce any regulation or procedure that provides for the establishment of class III gaming (as those terms are defined under section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)) in the absence of a tribal-State compact entered into between an Indian tribe (as that term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450(b)(e)) and a State.

TITLE IV--EMERGENCY APPROPRIATIONS

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

MANAGEMENT OF LANDS AND RESOURCES

    For an additional amount for management of lands and resources, $3,500,000 to remain available until expended, to restore public lands damaged by fire: Provided, That Congress hereby designates this amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That this amount shall be available only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

WILDLAND FIRE MANAGEMENT

    For an additional amount for wildland fire management, $100,000,000, to remain available until expended, for emergency rehabilitation and wildfire suppression activities of the Department of the Interior: Provided, That Congress hereby designates this amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That this amount shall be available only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

OREGON AND CALIFORNIA GRANT LANDS

    For an additional amount for Oregon and California grant lands, $2,500,000 to remain available until expended, to restore public lands damaged by fire: Provided, That Congress hereby designates this amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That this amount shall be available only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

United States Fish and Wildlife Service

RESOURCE MANAGEMENT

    For an additional amount for resource management, $600,000, to remain available until expended, to restore public lands damaged by fire: Provided, That Congress hereby designates this amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That this amount shall be available only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

CONSTRUCTION

    For an additional amount for construction, $15,891,000, to remain available until expended, to repair damage caused by hurricanes, floods and other acts of nature: Provided, That Congress hereby designates this amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That this amount shall be available only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

United States Geological Survey

SURVEYS, INVESTIGATIONS, AND RESEARCH

    For an additional amount for surveys, investigations, and research, $1,138,000, to remain available until expended, to address damage caused by hurricanes and floods: Provided, That Congress hereby designates this amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That this amount shall be available only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

National Park Service

CONSTRUCTION

    For an additional amount for construction, $3,000,000, to remain available until expended, to repair damage caused by hurricanes: Provided, That Congress hereby designates this amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That this amount shall be available only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

Bureau of Indian Affairs

OPERATION OF INDIAN PROGRAMS

    For an additional amount for operation of Indian programs, $6,600,000, to remain available until expended, to repair damage caused by floods and to restore Indian lands damaged by fire: Provided, That Congress hereby designates this amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That this amount shall be available only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

CONSTRUCTION

    For an additional amount for construction, $6,000,000, to remain available until expended, to repair damage caused by floods: Provided, That Congress hereby designates this amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That this amount shall be available only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

DEPARTMENT OF AGRICULTURE

Forest Service

NATIONAL FOREST SYSTEM

    For an additional amount for the National Forest System, $3,395,000, to remain available until expended, to repair damage caused by hurricanes: Provided, That Congress hereby designates this amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That this amount shall be available only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

WILDLAND FIRE MANAGEMENT

    For an additional amount for wildland fire management, $550,000,000, to remain available until expended, for presuppression due to emergencies for emergency fire suppression on or adjacent to National Forest System lands or other lands under fire protection agreement and for emergency rehabilitation of burned over National Forest System lands: Provided, That such funds are available for repayment of advances from other appropriations accounts previously transferred for such purposes: Provided further, That Congress hereby designates this amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That this amount shall be available only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

CONSTRUCTION AND RECONSTRUCTION

    For an additional amount for construction and reconstruction, $5,210,000, to remain available until expended, to repair damage caused by hurricanes: Provided, That Congress hereby designates this amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That this amount shall be available only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

    This Act may be cited as the ‘Department of the Interior and Related Agencies Appropriations Act, 1997’.

    (e) For programs, projects or activities in the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

AN ACT

    Making appropriations for the Departments of Labor, Health and Human Services, and related agencies for the fiscal year ending September 30, 1997, and for other purposes.

TITLE I--DEPARTMENT OF LABOR

Employment and Training Administration

TRAINING AND EMPLOYMENT SERVICES

    For expenses necessary to carry into effect the Job Training Partnership Act, as amended, including the purchase and hire of passenger motor vehicles, the construction, alteration, and repair of buildings and other facilities, and the purchase of real property for training centers as authorized by the Job Training Partnership Act; the Women in Apprenticeship and Nontraditional Occupations Act; the National Skill Standards Act of 1994; and the School-to-Work Opportunities Act; $4,719,703,000 plus reimbursements, of which $3,559,408,000 is available for obligation for the period July 1, 1997 through June 30, 1998; of which $88,685,000 is available for the period July 1, 1997 through June 30, 2000 for necessary expenses of construction, rehabilitation, and acquisition of Job Corps centers; and of which $200,000,000 shall be available from July 1, 1997 through September 30, 1998, for carrying out activities of the School-to-Work Opportunities Act: Provided, That $52,502,000 shall be for carrying out section 401 of the Job Training Partnership Act, $69,285,000 shall be for carrying out section 402 of such Act, $7,300,000 shall be for carrying out section 441 of such Act, $8,000,000 shall be for all activities conducted by and through the National Occupational Information Coordinating Committee under such Act, $895,000,000 shall be for carrying out title II, part A of such Act, and $126,672,000 shall be for carrying out title II, part C of such Act: Provided further, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps centers: Provided further, That funds provided to carry out title III of the Job Training Partnership Act shall not be subject to the limitation contained in subsection (b) of section 315 of such Act; that the waiver allowing a reduction in the cost limitation relating to retraining services described in subsection (a)(2) of such section 315 may be granted with respect to funds from this Act if a substate grantee demonstrates to the Governor that such waiver is appropriate due to the availability of low-cost retraining services, is necessary to facilitate the provision of needs-related payments to accompany long-term training, or is necessary to facilitate the provision of appropriate basic readjustment services; and that funds provided to carry out the Secretary’s discretionary grants under part B of such title III may be used to provide needs-related payments to participants who, in lieu of

meeting the requirements relating to enrollment in training under section 314(e) of such Act, are enrolled in training by the end of the sixth week after grant funds have been awarded: Provided further, That service delivery areas may transfer funding provided herein under authority of titles II-B and II-C of the Job Training Partnership Act between the programs authorized by those titles of that Act, if such transfer is approved by the Governor: Provided further, That service delivery areas and substate areas may transfer up to 50 percent of the funding provided herein under authority of title II-A and title III of the Job Training Partnership Act between the programs authorized by those titles of the Act, if such transfer is approved by the Governor: Provided further, That, notwithstanding any other provision of law, any proceeds from the sale of Job Corps center facilities shall be retained by the Secretary of Labor to carry out the Job Corps program: Provided further, That notwithstanding any other provision of law, the Secretary of Labor may waive any of the statutory or regulatory requirements of titles I-III of the Job Training Partnership Act (except for requirements relating to wage and labor standards, grievance procedures and judicial review, nondiscrimination allotment of funds, and eligibility), and any of the statutory or regulatory requirements of sections 8-10 of the Wagner-Peyser Act (except for requirements relating to the provision of services to unemployment insurance claimants and veterans, and to universal access to basic labor exchange services without cost to job seekers), for funds available for expenditure in program year 1997, pursuant to a request submitted by a State, if the Secretary determines that such requirements impede the ability of the State to implement a plan to improve the workforce development system and the State has executed a Memorandum of Understanding with the Secretary requiring such State to meet agreed upon outcomes and implement other appropriate measures to ensure accountability: Provided further, That the Secretary of Labor shall establish a workforce flexibility (work-flex) partnership demonstration program under which the Secretary shall authorize not more than six States, of which at least three States shall each have populations not in excess of 3,500,000, with a preference given to those States that have been designated Ed-Flex Partnership States under section 311(e) of Public Law 103-227, to waive any statutory or regulatory requirement applicable to service delivery areas or substate areas within the State under titles I-III of the Job Training Partnership Act (except for requirements relating to wage and labor standards, grievance procedures and judicial review, nondiscrimination, allotment of funds, and eligibility), and any of the statutory or regulatory requirements of sections 8-10 of the Wagner-Peyser Act (except for requirements relating to the provision of services to unemployment insurance claimants and veterans, and to universal access to basic labor exchange services without cost to job seekers), for a duration not to exceed the waiver period authorized under section 311(e) of Public Law 103-227, pursuant to a plan submitted by such States and approved by the Secretary for the provision of workforce employment and training activities in the States, which includes a description of the process by which service delivery areas and substate areas may apply for and have waivers approved by the State, the requirements of the Wagner-Peyser Act to be waived, the outcomes to be achieved and other measures to be taken to ensure appropriate accountability for federal Funds.

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

(TRANSFER OF FUNDS)

    To carry out the activities for national grants or contracts with public agencies and public or private nonprofit organizations under paragraph (1)(A) of section 506(a) of title V of the Older Americans Act of 1965, as amended, or to carry out older worker activities as subsequently authorized, $361,140,000.

    To carry out the activities for grants to States under paragraph (3) of section 506(a) of title V of the Older Americans Act of 1965, as amended, or to carry out older worker activities as subsequently authorized, $101,860,000.

    The funds appropriated under this heading shall be transferred to the Department of Health and Human Services, ‘Aging Services Programs’ following the enactment of legislation authorizing the administration of the program by that Department.

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

    For payments during the current fiscal year of trade adjustment benefit payments and allowances under part I, and for training, for allowances for job search and relocation, and for related State administrative expenses under part II, subchapters B and D, chapter 2, title II of the Trade Act of 1974, as amended, $324,500,000, together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15 of the current year.

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS

    For authorized administrative expenses, $173,452,000, together with not to exceed $3,146,826,000 (including not to exceed $1,653,000 which may be used for amortization payments to States which had independent retirement plans in their State employment service agencies prior to 1980, and including not to exceed $2,000,000 which may be obligated in contracts with non-State entities for activities such as occupational and test research activities which benefit the Federal-State Employment Service System), which may be expended from the Employment Security Administration account in the Unemployment Trust Fund including the cost of administering section 1201 of the Small Business Job Protection Act of 1996, section 7(d) of the Wagner-Peyser Act, as amended, the Trade Act of 1974, as amended, the Immigration Act of 1990, and the Immigration and Nationality Act, as amended, and of which the sums available in the allocation for activities authorized by title III of the Social Security Act, as amended (42 U.S.C. 502-504), and the sums available in the allocation for necessary administrative expenses for carrying out 5 U.S.C. 8501-8523, shall be available for obligation by the States through December 31, 1997, except that funds used for automation acquisitions shall be available for obligation by States through September 30, 1999; and of which $23,452,000, together with not to exceed $738,283,000 of the amount which may be expended from said trust fund, shall be available for obligation for the period July 1, 1997 through June 30, 1998, to fund activities under the Act of June 6, 1933, as amended, including the cost of penalty mail authorized under 39 U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments for such purpose, and of which $216,333,000 shall be available only to the extent necessary for additional State allocations to administer unemployment compensation laws to finance increases in the number of unemployment insurance claims filed and claims paid or changes in a State law: Provided, That to the extent that the Average Weekly Insured Unemployment (AWIU) for fiscal year 1997 is projected by the Department of Labor to exceed 2,828,000 an additional $28,600,000 shall be available for obligation for every 100,000 increase in the AWIU level (including a pro rata amount for any increment less than 100,000) from the Employment Security Administration Account of the Unemployment Trust Fund: Provided further, That funds appropriated in this Act which are used to establish a national one-stop career center network may

be obligated in contracts, grants or agreements with non-State entities: Provided further, That funds appropriated under this Act for activities authorized under the Wagner-Peyser Act, as amended, and title III of the Social Security Act, may be used by the States to fund integrated Employment Service and Unemployment Insurance automation efforts, notwithstanding cost allocation principles prescribed under Office of Management and Budget Circular A-87.

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

    For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act, as amended, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for nonrepayable advances to the Unemployment Trust Fund as authorized by section 8509 of title 5, United States Code, section 104(d) of Public Law 102-164, and section 5 of Public Law 103-6, and to the ‘Federal unemployment benefits and allowances’ account, to remain available until September 30, 1998, $373,000,000.

    In addition, for making repayable advances to the Black Lung Disability Trust Fund in the current fiscal year after September 15, 1997, for costs incurred by the Black Lung Disability Trust Fund in the current fiscal year, such sums as may be necessary.

PROGRAM ADMINISTRATION

    For expenses of administering employment and training programs and for carrying out section 908 of the Social Security Act, $81,393,000, together with not to exceed $39,977,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund.

Pension and Welfare Benefits Administration

SALARIES AND EXPENSES

    For necessary expenses for Pension and Welfare Benefits Administration, $71,783,000, of which $6,000,000 shall remain available through September 30, 1998 for expenses of revising the processing of employee benefit plan returns.

Pension Benefit Guaranty Corporation

PENSION BENEFIT GUARANTY CORPORATION FUND

    The Pension Benefit Guaranty Corporation is authorized to make such expenditures, including financial assistance authorized by section 104 of Public Law 96-364, within limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the program through September 30, 1997, for such Corporation: Provided, That not to exceed $10,345,000 shall be available for administrative expenses of the Corporation: Provided further, That expenses of such Corporation in connection with the termination of pension plans, for the acquisition, protection or management, and investment of trust assets, and for benefits administration services shall be considered as non-administrative expenses for the purposes hereof, and excluded from the above limitation.

Employment Standards Administration

SALARIES AND EXPENSES

    For necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $290,422,000, together with $983,000 which may be expended from the Special Fund in accordance with sections 39(c) and 44(j) of the Longshore and Harbor Workers’ Compensation Act: Provided, That the Secretary of Labor is authorized to accept, retain, and spend, until expended, in the name of the Department of Labor, all sums of money ordered to be paid to the Secretary of

Labor, in accordance with the terms of the Consent Judgment in Civil Action No. 91-0027 of the United States District Court for the District of the Northern Mariana Islands (May 21, 1992): Provided further, That the Secretary of Labor is authorized to establish and, in accordance with 31 U.S.C. 3302, collect and deposit in the Treasury fees for processing applications and issuing certificates under sections 11(d) and 14 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing applications and issuing registrations under title I of the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1801 et seq.

SPECIAL BENEFITS

(INCLUDING TRANSFER OF FUNDS)

    For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by title 5, chapter 81 of the United States Code; continuation of benefits as provided for under the head ‘Civilian War Benefits’ in the Federal Security Agency Appropriation Act, 1947; the Employees’ Compensation Commission Appropriation Act, 1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per centum of the additional compensation and benefits required by section 10(h) of the Longshore and Harbor Workers’ Compensation Act, as amended, $213,000,000 together with such amounts as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to August 15 of the current year: Provided, That such sums as are necessary may be used under section 8104 of title 5, United States Code, by the Secretary to reimburse an employer, who is not the employer at the time of injury, for portions of the salary of a reemployed, disabled beneficiary: Provided further, That balances of reimbursements unobligated on September 30, 1996, shall remain available until expended for the payment of compensation, benefits, and expenses: Provided further, That in addition there shall be transferred to this appropriation from the Postal Service and from any other corporation or instrumentality required under section 8147(c) of title 5, United States Code, to pay an amount for its fair share of the cost of administration, such sums as the Secretary of Labor determines to be the cost of administration for employees of such fair share entities through September 30, 1997: Provided further, That of those funds transferred to this account from the fair share entities to pay the cost of administration, $11,390,000 shall be made available to the Secretary of Labor for expenditures relating to capital

improvements in support of Federal Employees’ Compensation Act administration, and the balance of

such funds shall be paid into the Treasury as miscellaneous receipts: Provided further, That the Secretary may require that any person filing a notice of injury or a claim for benefits under Subchapter 5, U.S.C., chapter 81, or under subchapter 33, U.S.C. 901, et seq. (the Longshore and Harbor Workers’ Compensation Act, as amended), provide as part of such notice and claim, such identifying information (including Social Security account number) as such regulations may prescribe.

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

    For payments from the Black Lung Disability Trust Fund, $1,007,644,000, of which $961,665,000 shall be available until September 30, 1998, for payment of all benefits as authorized by section 9501(d) (1), (2), (4), and (7) of the Internal Revenue Code of 1954, as amended, and interest on advances as authorized by section 9501(c)(2) of that Act, and of which $26,071,000 shall be available for transfer to Employment Standards Administration, Salaries and Expenses, $19,621,000 for transfer to Departmental Management, Salaries and Expenses, and $287,000 for transfer to Departmental Management, Office of Inspector General, for expenses of operation and administration of the Black Lung Benefits program as authorized by section 9501(d)(5)(A) of that Act: Provided, That, in addition, such amounts as may be necessary may be charged to the subsequent year appropriation for the payment of compensation, interest, or other benefits for any period subsequent to August 15 of the current year: Provided further, That in addition such amounts shall be paid from this fund into miscellaneous receipts as the Secretary of the Treasury determines to be the administrative expenses of the Department of the Treasury for administering the fund during the current fiscal year, as authorized by section 9501(d)(5)(B) of that Act.

Occupational Safety and Health Administration

SALARIES AND EXPENSES

    For necessary expenses for the Occupational Safety and Health Administration, $325,734,000, including not to exceed $71,935,000 which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act, which grants shall be no less than fifty percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health Administration may retain up to $750,000 per fiscal year of training institute course tuition fees, otherwise authorized by law to be collected, and may utilize such sums for occupational safety and health training and education grants: Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary of Labor is authorized, during the fiscal year ending September 30, 1997, to collect and retain fees for services provided to Nationally Recognized Testing Laboratories, and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, to administer national and international laboratory recognition programs that ensure the safety of equipment and products used by workers in the workplace: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs ten or fewer employees: Provided further, That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 with respect to any employer of ten or fewer employees who is included within a category having an occupational injury lost workday case rate, at the most precise Standard Industrial Classification Code for which such data are published, less than the national average rate as such rates are most recently published by the Secretary, acting through the Bureau of Labor Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), except--

      (1) to provide, as authorized by such Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies;

      (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found;

      (3) to take any action authorized by such Act with respect to imminent dangers;

      (4) to take any action authorized by such Act with respect to health hazards;

      (5) to take any action authorized by such Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by such Act; and

      (6) to take any action authorized by such Act with respect to complaints of discrimination against employees for exercising rights under such Act:

    Provided further, That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs ten or fewer employees.

Mine Safety and Health Administration

SALARIES AND EXPENSES

    For necessary expenses for the Mine Safety and Health Administration, $197,810,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the hire of passenger motor vehicles; the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private; the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations; and any funds available to the Department may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of a major disaster: Provided, That none of the funds appropriated under this paragraph shall be obligated or expended to carry out section 115 of the Federal Mine Safety and Health Act of 1977 or to carry out that portion of section 104(g)(1) of such Act relating to the enforcement of any training requirements, with respect to shell dredging, or with respect to any sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mine.

Bureau of Labor Statistics

SALARIES AND EXPENSES

    For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $309,647,000, of which $16,145,000 shall be for expenses of revising the Consumer Price Index and shall remain available until September 30, 1998, together with not to exceed $52,053,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund.

Departmental Management

SALARIES AND EXPENSES

    For necessary expenses for Departmental Management, including the hire of three sedans, and including up to $4,358,000 for the President’s Committee on Employment of People With Disabilities, $142,211,000; together with not to exceed $297,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund: Provided, That no funds made available by this Act may be used by the Solicitor of Labor to participate in a review in any United States court of appeals of any decision made by the Benefits Review Board under section 21 of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 921) where such participation is precluded by the decision of the United States Supreme Court in Director, Office of Workers’ Compensation Programs v. Newport News Shipbuilding, 115 S. Ct. 1278 (1995): Provided further, That no funds made available by this Act may be used by the Secretary of Labor to review a decision under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901 et seq.) that has been appealed and that has been pending before the Benefits Review Board for more than 12 months: Provided further, That any such decision pending a review by the Benefits Review Board for more than one year shall be considered affirmed by the Benefits Review Board on that date, and shall be considered the final order of the Board for purposes of obtaining a review in the United States courts of appeals: Provided further, That these provisions shall not be applicable to the review of any decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et seq.): Provided further, That $1,000,000 shall be for a Commission on Retirement Income Policy, if authorized.

ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING

    Not to exceed $181,949,000 may be derived from the Employment Security Administration account in the Unemployment Trust Fund to carry out the provisions of 38 U.S.C. 4100-4110A and 4321-4327, and Public Law 103-353, and which shall be available for obligation by the States through December 31, 1997.

OFFICE OF INSPECTOR GENERAL

    For salaries and expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $42,938,000, together with not to exceed $3,543,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund.

GENERAL PROVISIONS

    SEC. 101. None of the funds appropriated in this title for the Job Corps shall be used to pay the compensation of an individual, either as direct costs or any proration as an indirect cost, at a rate in excess of $125,000.

(TRANSFER OF FUNDS)

    SEC. 102. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act, as amended) which are appropriated for the current fiscal year for the Department of Labor in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the Appropriations Committees of both Houses of Congress are notified at least fifteen days in advance of any transfer.

    SEC. 103. Funds shall be available for carrying out title IV-B of the Job Training Partnership Act, notwithstanding section 427(c) of that Act, if a Job Corps center fails to meet national performance standards established by the Secretary.

    SEC. 104. Effective January 1, 1997, no funds appropriated or otherwise made available to the Department of Labor in this title shall be disbursed without the approval of the Department’s Chief Financial Officer or his delegatee.

SEC. 105. EXEMPTION OF INMATES FROM THE MINIMUM WAGE AND OVERTIME REQUIREMENTS.

    (a) IN GENERAL- Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended--

      (1) by striking the period at the end of paragraph (16) and inserting ‘; or’; and

      (2) by adding at the end thereof the following new paragraph:

      ‘(17) any individual who is an inmate of a penal or other correctional institution, and who participates in a correctional work program that is sanctioned by a Federal or State corrections agency or that is administered by a nonprofit organization authorized by State law to conduct a correctional work program on behalf of the State, except that this paragraph shall not apply to a convict or prisoner who participates in a prison work pilot program pursuant to section 1761(c) of title 18, United States Code.’.

    (b) APPLICATION- The amendment made by subsection (a)(2) shall take effect as if enacted on the date of enactment of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).

    This title may be cited as the ‘Department of Labor Appropriations Act, 1997’.

TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

HEALTH RESOURCES AND SERVICES

    For carrying out titles II, III, VII, VIII, X, XII, XVI, XIX, and XXVI of the Public Health Service Act, section 427(a) of the Federal Coal Mine Health and Safety Act, title V of the Social Security Act, and the Health Care Quality Improvement Act of 1986, as amended, and the Native Hawaiian Health Care Act of 1988, as amended, $3,307,019,000, of which $297,000 shall remain available until expended for interest subsidies on loan guarantees made prior to fiscal year 1981 under part B of title VII of the Public Health Service Act: Provided, That the Division of Federal Occupational Health may utilize personal services contracting to employ professional management/administrative and occupational health professionals: Provided further, That of the funds made available under this heading, $2,828,000 shall be available until expended for facilities renovations at the Gillis W. Long Hansen’s Disease Center: Provided further, That in addition to fees authorized by section 427(b) of the Health Care Quality Improvement Act of 1986, fees shall be collected for the full disclosure of information under the Act sufficient to recover the full costs of operating the National Practitioner Data Bank, and shall remain available until expended to carry out that Act: Provided further, That no more than $5,000,000 is available for carrying out the provisions of Public Law 104-73: Provided further, That of the funds made available under this heading, $198,452,000 shall be for the program under title X of the Public Health Service Act to provide for voluntary family planning projects: Provided further, That amounts provided to said projects under such title shall not be expended for abortions, that all pregnancy counseling shall be nondirective, and that such amounts shall not be expended for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office: Provided further, That $117,000,000 shall be for State AIDS Drug Assistance Programs authorized by section 2616 of the Public Health Service Act and shall be distributed to States as authorized by section 2618(b)(2) of such Act: Provided further, That notwithstanding any other provision of law, funds made available under this heading may be used to continue operating the Council on Graduate Medical Education established by section 301 of Public Law 102-408: Provided further, That, of the funds made available under this heading, not more than $8,000,000 shall be made available and shall remain available until expended for loan guarantees for loans made by non-Federal lenders for the construction, renovation, and modernization of medical facilities that are owned and operated by health centers funded under part A of title XVI of the Public Health Service Act as amended, and, subject to authorization, for loans made to health centers for the costs of developing and operating managed care networks or plans, and that such funds be available to subsidize guarantees of total loan principal in an amount not to exceed $80,000,000: Provided further, That notwithstanding section 502(a)(1) of the Social Security Act, not to exceed $103,609,000 is available for carrying out special projects of regional and national significance pursuant to section 501(a)(2) of such Act.

MEDICAL FACILITIES GUARANTEE AND LOAN FUND

FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

    For carrying out subsections (d) and (e) of section 1602 of the Public Health Service Act, $7,000,000, together with any amounts received by the Secretary in connection with loans and loan guarantees under title VI of the Public Health Service Act, to be available without fiscal year limitation for the payment of interest subsidies. During the fiscal year, no commitments for direct loans or loan guarantees shall be made.

HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

    For the cost of guaranteed loans, such sums as may be necessary to carry out the purpose of the program, as authorized by title VII of the Public Health Service Act, as amended: Provided, That such costs, including the cost

of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the total loan principal any part of which is to be guaranteed at not to exceed $140,000,000. In addition, for administrative expenses to carry out the guaranteed loan program, $2,688,000.

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

    For payments from the Vaccine Injury Compensation Program Trust Fund, such sums as may be necessary for claims associated with vaccine-related injury or death with respect to vaccines administered after September 30, 1988, pursuant to subtitle 2 of title XXI of the Public Health Service Act, to remain available until expended: Provided, That for necessary administrative expenses, not to exceed $3,000,000 shall be available from the Trust Fund to the Secretary of Health and Human Services.

VACCINE INJURY COMPENSATION

    For payment of claims resolved by the United States Court of Federal Claims related to the administration of vaccines before October 1, 1988, $110,000,000, to remain available until expended.

Centers for Disease Control and Prevention

DISEASE CONTROL, RESEARCH, AND TRAINING

    To carry out titles II, III, VII, XI, XV, XVII, and XIX of the Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety and Health Act of 1977, and sections 20, 21 and 22 of the Occupational Safety and Health Act of 1970, title IV of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980; including insurance of official motor vehicles in foreign countries; and hire, maintenance, and operation of aircraft, $2,257,698,000, of which $30,553,000 shall remain available until expended for equipment and construction and renovation of facilities, and of which $32,000,000 shall remain available until September 30, 1998 for mine safety and health activities, and in addition, such sums as may be derived from authorized user fees, which shall be credited to this account: Provided, That in addition to amounts provided herein, up to $48,400,000 shall be available from amounts available under section 241 of the Public Health Service Act, to carry out the National Center for Health Statistics surveys: Provided further, That none of the funds made available for injury prevention and control at the Centers for Disease Control and Prevention may be used to advocate or promote gun control: Provided further, That the Director may redirect the total amount made available under authority of Public Law 101-502, section 3, dated November 3, 1990, to activities the Director may so designate: Provided further, That the Congress is to be notified promptly of any such transfer: Provided further, That the functions described in clause (1) of the first proviso under the subheading ‘MINES AND MINERALS’ under the heading ‘BUREAU OF MINES’ in the text of title I of the Department of the Interior and Related Agencies Appropriations Act, 1996, as enacted by section 101(c) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104-134), are hereby transferred to, and vested in, the Secretary of Health and Human Services, subject to section 1531 of title 31, United States Code: Provided further, That of the amount provided, $23,000,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

    In addition, $41,000,000, to be derived from the Violent Crime Reduction Trust Fund, for carrying out sections 40151 and 40261 of Public Law 103-322.

National Institutes of Health

NATIONAL CANCER INSTITUTE

    For carrying out section 301 and title IV of the Public Health Service Act with respect to cancer, $2,157,549,000.

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

    For carrying out section 301 and title IV of the Public Health Service Act with respect to cardiovascular, lung, and blood diseases, and blood and blood products, $1,371,415,000.

NATIONAL INSTITUTE OF DENTAL RESEARCH

    For carrying out section 301 and title IV of the Public Health Service Act with respect to dental disease, $183,065,000.

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES

    For carrying out section 301 and title IV of the Public Health Service Act with respect to diabetes and digestive and kidney diseases, $803,264,000.

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

    For carrying out section 301 and title IV of the Public Health Service Act with respect to neurological disorders and stroke, $701,901,000.

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

    For carrying out section 301 and title IV of the Public Health Service Act with respect to allergy and infectious diseases, $609,277,000.

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

    For carrying out section 301 and title IV of the Public Health Service Act with respect to general medical sciences, $970,775,000.

NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

    For carrying out section 301 and title IV of the Public Health Service Act with respect to child health and human development, $567,334,000.

NATIONAL EYE INSTITUTE

    For carrying out section 301 and title IV of the Public Health Service Act with respect to eye diseases and visual disorders, $323,279,000.

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

    For carrying out sections 301 and 311 and title IV of the Public Health Service Act with respect to environmental health sciences, $302,330,000.

NATIONAL INSTITUTE ON AGING

    For carrying out section 301 and title IV of the Public Health Service Act with respect to aging, $484,193,000.

NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES

    For carrying out section 301 and title IV of the Public Health Service Act with respect to arthritis and musculoskeletal and skin diseases, $252,838,000.

NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS

    For carrying out section 301 and title IV of the Public Health Service Act with respect to deafness and other communication disorders, $186,602,000.

NATIONAL INSTITUTE OF NURSING RESEARCH

    For carrying out section 301 and title IV of the Public Health Service Act with respect to nursing research, $54,243,000.

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

    For carrying out section 301 and title IV of the Public Health Service Act with respect to alcohol abuse and alcoholism, $200,948,000.

NATIONAL INSTITUTE ON DRUG ABUSE

    For carrying out section 301 and title IV of the Public Health Service Act with respect to drug abuse, $328,517,000.

NATIONAL INSTITUTE OF MENTAL HEALTH

    For carrying out section 301 and title IV of the Public Health Service Act with respect to mental health, $604,633,000.

NATIONAL CENTER FOR RESEARCH RESOURCES

    For carrying out section 301 and title IV of the Public Health Service Act with respect to research resources and general research support grants, $341,044,000: Provided, That none of these funds shall be used to pay recipients of the general research support grants program any amount for indirect expenses in connection with such grants: Provided further, That $25,000,000 shall be for extramural facilities construction grants.

NATIONAL CENTER FOR HUMAN GENOME RESEARCH

    For carrying out section 301 and title IV of the Public Health Service Act with respect to human genome research, $186,651,000.

JOHN E. FOGARTY INTERNATIONAL CENTER

    For carrying out the activities at the John E. Fogarty International Center, $16,270,000.

NATIONAL LIBRARY OF MEDICINE

    For carrying out section 301 and title IV of the Public Health Service Act with respect to health information communications, $147,738,000, of which $4,000,000 shall be available until expended for improvement of information systems: Provided, That in fiscal year 1997, the Library may enter into personal services contracts for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health.

OFFICE OF THE DIRECTOR

(INCLUDING TRANSFER OF FUNDS)

    For carrying out the responsibilities of the Office of the Director, National Institutes of Health, $251,617,000: Provided, That funding shall be available for the purchase of not to exceed five passenger motor vehicles for replacement only: Provided further, That the Director may direct up to 1 percent of the total amount made available in this Act to all National Institutes of Health appropriations to activities the Director may so designate: Provided further, That no such appropriation shall be increased or decreased by more than 1 percent by any such transfers and that the Congress is promptly notified of the transfer: Provided further, That NIH is authorized to collect third party payments for the cost of clinical services that are incurred in National Institutes of Health research facilities and that such payments shall be credited to the National Institutes of Health Management Fund: Provided further, That all funds credited to the NIH Management Fund shall remain available for one fiscal year after the fiscal year in which they are deposited: Provided further, That up to $200,000 shall be available to carry out section 499 of the Public Health Service Act.

BUILDINGS AND FACILITIES

    For the study of, construction of, and acquisition of equipment for, facilities of or used by the National Institutes of Health, including the acquisition of real property, $200,000,000, to remain available until expended, of which $90,000,000 shall be for the clinical research center: Provided, That, notwithstanding any other provision of law, a single contract or related contracts for the development and construction of the clinical research center may be employed which collectively include the full scope of the project: Provided further, That the solicitation and contract shall contain the clause ‘availability of funds’ found at 48 CFR 52.232-18.

office of aids research

(INCLUDING TRANSFER OF FUNDS)

    For carrying out part D of title XXIII of the Public Health Service Act, $1,501,720,000: Provided, That the Director of the Office of AIDS Research shall transfer from this appropriation the amounts necessary to carry out section 2353(d) of the Act.

Substance Abuse and Mental Health Services Administration

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

    For carrying out titles V and XIX of the Public Health Service Act with respect to substance abuse and mental health services, the Protection and Advocacy for Mentally Ill Individuals Act of 1986, and section 301 of the Public Health Service Act with respect to program management, $2,099,934,000, of which $5,000,000 shall be for grants to rural and Native American projects.

RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS

    For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, and for payments under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan and for medical care of dependents and retired personnel under the Dependents’ Medical Care Act (10 U.S.C. ch. 55), and for payments pursuant to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), such amounts as may be required during the current fiscal year.

Agency for Health Care Policy and Research

HEALTH CARE POLICY AND RESEARCH

    For carrying out titles III and IX of the Public Health Service Act, and part A of title XI of the Social Security Act, $96,175,000; in addition, amounts received from Freedom of Information Act fees, reimbursable and interagency agreements, and the sale of data tapes shall be credited to this appropriation and shall remain available until expended: Provided, That the amount made available pursuant to section 926(b) of the Public Health Service Act shall not exceed $47,412,000.

Health Care Financing Administration

GRANTS TO STATES FOR MEDICAID

    For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act, $75,056,618,000, to remain available until expended.

    For making, after May 31, 1997, payments to States under title XIX of the Social Security Act for the last quarter of fiscal year 1997 for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary.

    For making payments to States under title XIX of the Social Security Act for the first quarter of fiscal year 1998, $27,988,993,000, to remain available until expended.

    Payment under title XIX may be made for any quarter with respect to a State plan or plan amendment in effect during such quarter, if submitted in or prior to such quarter and approved in that or any subsequent quarter.

PAYMENTS TO HEALTH CARE TRUST FUNDS

    For payment to the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds, as provided under sections 217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section 278(d) of Public Law 97-248, and for administrative expenses incurred pursuant to section 201(g) of the Social Security Act, $60,079,000,000.

PROGRAM MANAGEMENT

    For carrying out, except as otherwise provided, titles XI, XVIII, and XIX of the Social Security Act, title XIII of the Public Health Service Act, and the Clinical Laboratory Improvement Amendments of 1988, not to exceed $1,735,125,000, to be transferred from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds, as authorized by section 201(g) of the Social Security Act; together with all funds collected in accordance with section 353 of the Public Health Service Act, the latter funds to remain available until expended, together with such sums as may be collected from authorized user fees and the sale of data, which shall remain available until expended: Provided, That all funds derived in accordance with 31 U.S.C. 9701 from organizations established under title XIII of the Public Health Service Act are to be credited to and available for carrying out the purposes of this appropriation.

HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE FUND

    For carrying out subsections (d) and (e) of section 1308 of the Public Health Service Act, any amounts received by the Secretary in connection with loans and loan guarantees under title XIII of the Public Health Service Act, to be available without fiscal year limitation for the payment of outstanding obligations. During fiscal year 1997, no commitments for direct loans or loan guarantees shall be made.

Administration for Children and Families

FAMILY SUPPORT PAYMENTS TO STATES

    For making payments to States or other non-Federal entities, except as otherwise provided, under titles I, IV-A (other than section 402(g)(6)) and D, X, XI, XIV, and XVI of the

Social Security Act, and the Act of July 5, 1960 (24 U.S.C. ch. 9), $13,301,000,000.

    For making, after May 31 of the current fiscal year, payments to States or other non-Federal entities under titles I, IV-A and D, X, XI, XIV, and XVI of the Social Security Act, for the last three months of the current year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary.

JOB OPPORTUNITIES AND BASIC SKILLS

    For carrying out aid to families with dependent children work programs, as authorized by part F of title IV of the Social Security Act, $1,000,000,000.

LOW INCOME HOME ENERGY ASSISTANCE

    For making payments under title XXVI of the Omnibus Budget Reconciliation Act of 1981, $700,000,000, together with $300,000,000 appropriated under this heading in Public Law 104-134: Provided, That the provisions under this heading in Public Law 104-134 designating the $300,000,000 by Congress to be emergency requirements pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 and providing that these funds shall be made available only after submission to Congress of a formal budget request by the President that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, are hereby repealed.

    For making payments under title XXVI of the Omnibus Budget Reconciliation Act of 1981, $300,000,000 to be available for obligation in the period of October 1, 1996 through September 30, 1997: Provided, That all of the funds available under this paragraph are hereby designated by Congress to be emergency requirements pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That these funds shall be made available only after submission to Congress of a formal budget request by the President that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985.

    For making payments under title XXVI of the Omnibus Budget Reconciliation Act of 1981, $1,000,000,000, to be available for obligation in the period October 1, 1997 through September 30, 1998.

REFUGEE AND ENTRANT ASSISTANCE

    For making payments for refugee and entrant assistance activities authorized by title IV of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980 (Public Law 96-422), $412,076,000: Provided, That funds appropriated pursuant to section 414(a) of the Immigration and Nationality Act under Public Law 103-333 for fiscal year 1995 shall be available for the costs of assistance provided and other activities conducted in such year and in fiscal years 1996 and 1997.

CHILD CARE AND DEVELOPMENT BLOCK GRANT

    For carrying out sections 658A through 658R of the Omnibus Budget Reconciliation Act of 1981 (The Child Care and Development Block Grant Act of 1990), $956,120,000, of which $937,000,000 shall become available on October 1, 1997, and shall remain available through September 30, 1998: Provided, That $19,120,000 shall become available for obligation on October 1, 1996 for child care resource and referral and school-age child care activities, of which, $6,120,000 shall be derived from an amount that shall be transferred from the amount appropriated under section 452(j) of the Social Security Act (42 U.S.C. 652(j)) for fiscal year 1996 and remaining available for expenditure.

SOCIAL SERVICES BLOCK GRANT

    For making grants to States pursuant to section 2002 of the Social Security Act, $2,380,000,000: Provided, That notwithstanding section 2003(c) of such Act, as amended, the amount specified for allocation under such section for fiscal year 1997 shall be $2,380,000,000.

CHILDREN AND FAMILIES SERVICES PROGRAMS

(INCLUDING RESCISSION)

    For carrying out, except as otherwise provided, the Runaway and Homeless Youth Act, the Developmental Disabilities Assistance and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act,

the Temporary Child Care for Children with Disabilities and Crisis Nurseries Act of 1986, section 429A, part B of title IV of the Social Security Act, section 413 of the Social Security Act, the Family Violence Prevention and Services Act, the Native American Programs Act of 1974, title II of Public Law 95-266 (adoption opportunities), the Abandoned Infants Assistance Act of 1988, and part B(1) of title IV of the Social Security Act; for making payments under the Community Services Block Grant Act; and for necessary administrative expenses to carry out said Acts and titles I, IV, X, XI, XIV, XVI, and XX of the Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981, title IV of the Immigration and Nationality Act, section 501 of the Refugee Education Assistance Act of 1980, and section 126 and titles IV and V of Public Law 100-485, $5,328,569,000, of which $536,432,000 shall be for making payments under the Community Services Block Grant Act: Provided, That to the extent Community Services Block Grant funds are distributed as grant funds by a State to an eligible entity as provided under the Act, and have not been expended by such entity, they shall remain with such entity for carryover into the next fiscal year for expenditure by such entity consistent with program purposes: Provided further, That of the amount appropriated for fiscal year 1997 under section 672(a) of the Community Services Block Grant Act, the Secretary shall use up to one percent of the funds available to correct allocation errors that occurred in fiscal year 1995 and fiscal year 1996 to ensure that the minimum allotment to each State for each of fiscal years 1995 and 1996 would be $2,222,460: Provided further, That no more than one-half of one percent of the funds available under section 672(a) shall be used for the purposes of section 674(a) of the Community Services Block Grant Act.

    In addition, $20,000,000, to be derived from the Violent Crime Reduction Trust Fund, for carrying out sections 40155, 40211 and 40241 of Public Law 103-322.

    Funds appropriated for fiscal year 1996 and fiscal year 1997 under section 429A(e), part B of title IV of the Social Security Act shall be reduced by $6,000,000 in each such year.

    Funds appropriated for fiscal year 1997 under section 413(h)(1) of the Social Security Act shall be reduced by $15,000,000.

FAMILY PRESERVATION AND SUPPORT

    For carrying out section 430 of the Social Security Act, $240,000,000.

PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE

    For making payments to States or other non-Federal entities, under title IV-E of the Social Security Act, $4,445,031,000.

    For making payments to States or other non-Federal entities, under title IV-E of the Social Security Act, for the first quarter of fiscal year 1998, $1,111,000,000.

Administration on Aging

AGING SERVICES PROGRAMS

    For carrying out, to the extent not otherwise provided, the Older Americans Act of 1965, as amended, $830,168,000: Provided, That notwithstanding section 308(b)(1) of such Act, the amounts available to each State for administration of the State plan under title III of such Act shall be reduced not more than 5 percent below the amount that was available to such State for such purpose for fiscal year 1995: Provided further, That in considering grant applications for nutrition services for elder Indian recipients, the Assistant Secretary shall provide maximum flexibility to applicants who seek to take into account subsistence, local customs and other characteristics that are appropriate to the unique cultural, regional and geographic needs of the American Indian, Alaskan and Hawaiian native communities to be served.

Office of the Secretary

GENERAL DEPARTMENTAL MANAGEMENT

    For necessary expenses, not otherwise provided, for general departmental management, including hire of six sedans, and for carrying out titles III, XVII, and XX of the Public Health Service Act, $173,423,000, together with $5,851,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Hospital Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund: Provided, That of the funds made available under this heading for carrying out title XVII of the Public Health Service Act, $11,500,000 shall be available until expended for extramural construction: Provided further, That notwithstanding section 2010(b) and (c) under title XX of the Public Health Service Act, as amended, of the funds made available under this heading, $10,879,000 shall be for activities specified under section 2003(b)(2) of title XX of the Public Health Service Act, as amended, and of which $9,011,000 shall be for prevention grants under section 510(b)(2) of title V of the Social Security Act, as amended: Provided further, That of the amount provided, $5,775,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(I)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

OFFICE OF INSPECTOR GENERAL

    For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $29,399,000, together with any funds, to remain available until expended, that represent the equitable share from the forfeiture of property in investigations in which the Office of Inspector General participated, and which are transferred to the Office of the Inspector General by the Department of Justice, the Department of the Treasury, or the United States Postal Service.

OFFICE FOR CIVIL RIGHTS

    For expenses necessary for the Office for Civil Rights, $16,216,000, together with not to exceed $3,314,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Hospital Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund.

POLICY RESEARCH

    For carrying out, to the extent not otherwise provided, research studies under section 1110 of the Social Security Act, $9,000,000.

GENERAL PROVISIONS

    SEC. 201. Funds appropriated in this title shall be available for not to exceed $37,000 for official reception and representation expenses when specifically approved by the Secretary.

    SEC. 202. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children’s Emergency Fund or the World Health Organization.

    SEC. 203. None of the funds appropriated under this Act may be used to implement section 399L(b) of the Public Health Service Act or section 1503 of the National Institutes of Health Revitalization Act of 1993, Public Law 103-43.

    SEC. 204. None of the funds made available by this Act may be used to withhold payment to any State under the Child Abuse Prevention and Treatment Act by reason of a determination that the State is not in compliance with section 1340.2(d)(2)(ii) of title 45 of the Code of Federal Regulations. This provision expires upon the date of enactment of the reauthorization of the Child Abuse Prevention and Treatment Act.

    SEC. 205. None of the funds appropriated in this Act for the National Institutes of Health and the Substance Abuse and Mental Health Services Administration shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of $125,000 per year.

    SEC. 206. None of the funds appropriated in this Act may be expended pursuant to section 241 of the Public Health Service Act, except for funds specifically provided for in this Act, or for other taps and assessments made by any office located in the Department of Health and Human Services, prior to the Secretary’s preparation and submission of a report to the Committee on Appropriations of the Senate and of the House detailing the planned uses of such funds.

(TRANSFER OF FUNDS)

    SEC. 207. Of the funds appropriated or otherwise made available for the Department of Health and Human Services, General Departmental Management, for fiscal year 1997, the Secretary of Health and Human Services shall transfer to the Office of the Inspector General such sums as may be necessary for any expenses with respect to the provision of security protection for the Secretary of Health and Human Services.

    SEC. 208. None of the funds appropriated in this Act may be obligated or expended for the Federal Council on

Aging under the Older Americans Act or the Advisory Board on Child Abuse and Neglect under the Child Abuse Prevention and Treatment Act.

(TRANSFER OF FUNDS)

    SEC. 209. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act, as amended) which are appropriated for the current fiscal year for the Department of Health and Human Services in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the Appropriations Committees of both Houses of Congress are notified at least fifteen days in advance of any transfer.

(TRANSFER OF FUNDS)

    SEC. 210. The Director of the National Institutes of Health, jointly with the Director of the Office of AIDS Research, may transfer up to 3 percent among institutes, centers, and divisions from the total amounts identified by these two Directors as funding for research pertaining to the human immunodeficiency virus: Provided, That the Congress is promptly notified of the transfer.

    SEC. 213. (a) The Secretary of Health and Human Services may in accordance with this section provide for the relocation of the Federal facility known as the Gillis W. Long Hansen’s Disease Center (located in the vicinity of Carville, in the State of Louisiana), including the relocation of the patients of the Center.

    (b)(1) Subject to entering into a contract in accordance with subsection (c), in relocating the Center the Secretary may on behalf of the United States transfer to the State of Louisiana, without charge, title to the real property and improvements that (as of the date of the enactment of this Act) constitute the Center. Such real property is a parcel consisting of approximately 330 acres. The exact acreage and legal description used for purposes of the transfer shall be in accordance with a survey satisfactory to the Secretary.

    (2) Any conveyance under paragraph (1) is not effective unless the conveyance specifies that, if the State of Louisiana engages in a material breach of the contract under subsection (c), title to the real property and improvements involved reverts to the United States at the election of the Secretary.

    (c) The transfer described in subsection (b) may be made only if, before the transfer is made, the Secretary and the State enter into a contract whose provisions are in accordance with the following:

      (1) During the 30-year period beginning on the date on which the transfer is made, the real property and improvements referred to in subsection (b) (referred to in this subsection as the ‘transferred property’) will be used exclusively for purposes that promote the health or education of the public, with such incidental exceptions as the Secretary may approve, and consistent with the memorandum of understanding signed June 11, 1996 by the Chancellors of Louisiana State University and Southern University.

      (2) For purposes of monitoring the extent to which the transferred property is being used in accordance with paragraph (1), the Secretary will have access to such documents as the Secretary determines to be necessary, and the Secretary may require the advance approval of the Secretary for such contracts, conveyances of real or personal property, or other transactions as the Secretary determines to be necessary.

      (3) The relocation of patients from the transferred property will be completed not later than 3 years after the date on which the transfer is made, except to the extent the Secretary determines that relocating particular patients is not feasible. During the period of relocation, the Secretary will have unrestricted access to the transferred property, and after such period will have such access as may be necessary with respect to the patients who pursuant to the preceding sentence are not relocated.

      (4) The Secretary will provide for the continuation at the transferred property of the projects (underway as of the date of the enactment of this Act) to make repairs and to make energy-related improvements, subject to the availability of appropriations to carry out the projects.

      (5) The contract disposes of issues regarding access to the cemetery located on the transferred property, and the establishment of a museum regarding memorabilia relating to the use of the property to care for patients with Hansen’s disease.

      (6) In the case of each individual who as of the date of the enactment of this Act is a Federal employee at the transferred property with management, engineering, or dietary duties:

        (A) The State will provide the individual with the right of first refusal to an employment position with the State with substantially the same type of duties as the individual performed in his or her most recent position at the transferred property.

        (B) If the individual becomes an employee of the State pursuant to subparagraph (A), the State will make payments in accordance with subsection (d)(3)(B) (relating to disability), as applicable with respect to the individual.

      (7) The contract contains such additional provisions as the Secretary determines to be necessary to protect the interests of the United States, and the

Secretary shall have final approval over the terms of the contract.

    (d)(1) This subsection applies if the transfer under subsection (b) is made.

    (2) In the case of each individual who as of the date of the enactment of this Act is a Federal employee with a position at the Center and is, for duty at the Center, receiving the pay differential under section 5545(d) of title 5, United States Code:

      (A) If as of the date of the transfer under subsection (b) the individual is eligible for an annuity under section 8336 or 8412 of title 5, United States Code, then once the individual separates from the service and thereby becomes entitled to receive the annuity, the pay differential shall be excluded from the computation of the annuity unless the individual separated from the service not later than 30 days after the date on which the transfer was made.

      (B) If the individual is not eligible for such an annuity as of the date of the transfer under subsection (b) but subsequently does become eligible, then once the individual separates from the service and thereby becomes entitled to receive the annuity, the pay differential shall be excluded from the computation of the annuity unless the individual separated from the service not later than 30 days after the date on which the individual first became eligible for the annuity.

      (C) For purposes of this paragraph, the individual is eligible for the annuity if the individual meets all conditions under such section 8336 or 8412 to be entitled to the annuity, except the condition that the individual be separated from the service.

    (3) In the case of each individual who as of the date of the enactment of this Act is a Federal employee at the Center with management, engineering, or dietary duties, and who becomes an employee of the State pursuant to subsection (c)(6)(A):

      (A) The provisions of subchapter III of chapter 83 of title 5, United States Code, or of chapter 84 of such title, whichever is applicable, that relate to disability shall be considered to remain in effect with respect to the individual (subject to subparagraph (C)) until the earlier of--

        (i) the expiration of the 2-year period beginning on the date on which the transfer under subsection (b) is made; or

        (ii) the date on which the individual first meets all conditions for coverage under a State program for payments during retirement by reason of disability.

      (B) The payments to be made by a State pursuant to subsection (c)(6)(B) with respect to the individual are payments to the Civil Service Retirement and Disability Fund, if the individual is receiving Federal disability coverage pursuant to subparagraph (A). Such payments are to be made in a total amount equal to that portion of the normal-cost percentage (determined through the use of dynamic assumptions) of the basic pay of the individual that is allocable to such coverage and is paid for service performed during the period for which such coverage is in effect. Such amount is to be determined in accordance with chapter 84 of such title 5, is to be paid at such time and in such manner as mutually agreed by the State and the Office of Personnel Management, and is in lieu of individual or agency contributions otherwise required.

      (C) In the determination pursuant to subparagraph (A) of whether the individual is eligible for Federal disability coverage (during the applicable period of time under such subparagraph), service as an employee of the State after the date of the transfer under subsection (b) shall be counted toward the

service requirement specified in the first sentence of section 8337(a) or 8451(a)(1)(A) of such title 5 (whichever is applicable).

    (e) The following provisions apply if under subsection (a) the Secretary makes the decision to relocate the Center:

      (1) The site to which the Center is relocated shall be in the vicinity of Baton Rouge, in the State of Louisiana.

      (2) The facility involved shall continue to be designated as the Gillis W. Long Hansens’s Disease Center.

      (3) The Secretary shall make reasonable efforts to inform the patients of the Center with respect to the planning and carrying out of the relocation.

      (4) In the case of each individual who as of October 1, 1996, is a patient of the Center and is receiving long-term care (referred to in this subsection as an ‘eligible patient’), the Secretary shall continue to provide for the long-term care of the eligible patient, without charge, for the remainder of the life of the patient. Of the amounts appropriated for a fiscal year for the Public Health Service, the Secretary shall make available such amounts as may be necessary to carry out the preceding sentence.

      (5) Except in the case of an eligible patient for whom it is not feasible to relocate for purposes of subsection (c)(3), each eligible patient may make an irrevocable choice of one of the following long-term care options:

        (A) For the remainder of his or her life, the patient may reside at the Center.

        (B) For the remainder of his or her life, the patient may elect to receive payments each year in an annual amount of $33,000 (adjusted for fiscal year 1998 and each subsequent fiscal year to the extent necessary to offset inflation occurring after October 1, 1996), which payments are in complete discharge of the obligation of the Federal Government under paragraph (4). If the individual makes the election under the preceding sentence, the Federal Government does not under such paragraph have any responsibilities regarding the daily life of the patient, other than making such payments.

      (6) The Secretary shall provide to each eligible patient such information and time as may be necessary for the patient to make an informed decision regarding the options under paragraph (5).

    (f) For purposes of this section:

      (1) The term ‘Center’ means the Gillis W. Long Hansen’s Disease Center.

      (2) The term ‘Secretary’ means the Secretary of Health and Human Services.

      (3) The term ‘State’ means the State of Louisiana.

    (g) Section 320 of the Public Health Service Act (42 U.S.C. 247e) is amended by striking the section designation and all that follows and inserting the following:

    ‘SEC. 320. (a)(1) At the Gillis W. Long Hansen’s Disease Center (located in the State of Louisiana), the Secretary shall without charge provide short-term care and treatment, including outpatient care, for Hansen’s disease and related complications to any person determined by the Secretary to be in need of such care and treatment.

    ‘(2) The Center referred to in paragraph (1) shall conduct training in the diagnosis and management of Hansen’s disease and conduct and promote the coordination of research, investigations, demonstrations, and studies relating to the causes, diagnosis, treatment, control, and prevention of Hansen’s disease and the complications of such disease.

    ‘(3) Paragraph (1) is subject to section 213 of the Department of Health and Human Services Appropriations Act, 1997.

    ‘(b) In addition to the Center referred to in subsection (a), the Secretary may establish sites regarding persons with Hansen’s disease. Each such site shall provide for the outpatient care and treatment for Hansen’s disease to any person determined by the Secretary to be in need of such care and treatment.

    ‘(c) The Secretary shall make payments to the Board of Health of the State of Hawaii for the care and treatment (including outpatient care) in its facilities of persons suffering from Hansen’s disease at a rate determined by the Secretary. The rate shall be approximately equal to the operating cost per patient of such facilities, except that the rate may not exceed the comparable costs per patient with Hansen’s disease for care and treatment provided by the Center referred to in subsection (a). Payments under this subsection are subject to the availability of appropriations for such purpose.’.

    SEC. 215. Amounts available in this title for congressional and legislative affairs, public affairs, and intergovernmental affairs activities are hereby reduced by $2,000,000.

    SEC. 216. Not later than January 1, 1997, the Administrator of the Health Care Financing Administration, with the advice and technical assistance of the Agency for Health Care Policy Research, shall transmit to the appropriate committees of the Congress a report including--

      (1) a review of all available studies and research data on the treatment of end-stage emphysema and chronic obstructive pulmonary disease by both unilateral and bilateral lung volume reduction surgery, involving both invasive and noninvasive surgery and supplemental surgical methods, including laser applications; and

      (2) a recommendation, based on such review, as to the appropriateness of Medicare coverage of such procedures and the conditions, if necessary, that facilities and physicians should be required to meet, to ensure the efficacy of such procedures, as more detailed clinical studies are conducted.

    SEC. 217. Section 304(a)(1) of the Family Violence Prevention and Services Act (42 U.S.C. 10403(a)(1)) is amended by striking ‘$200,000’ and inserting ‘$400,000’.

    SEC. 218. The new clinical research center at the National Institutes of Health is hereby named the Mark O. Hatfield Clinical Research Center.

    This title may be cited as the ‘Department of Health and Human Services Appropriations Act, 1997’.

TITLE III--DEPARTMENT OF EDUCATION

EDUCATION REFORM

    For carrying out activities authorized by titles III and IV of the Goals 2000: Educate America Act and the School-to-Work Opportunities Act, $691,000,000, of which $476,000,000 for the Goals 2000: Educate America Act and $200,000,000 for the School-to-Work Opportunities Act shall become available on July 1, 1997, and remain available through September 30, 1998.

EDUCATION FOR THE DISADVANTAGED

    For carrying out title I of the Elementary and Secondary Education Act of 1965, $7,689,000,000, of which $6,358,261,000 shall become available on July 1, 1997, and shall remain available through September 30, 1998, and of which $1,298,239,000 shall become available on October 1, 1997 and shall remain available through September 30, 1998, for academic year 1997-1998: Provided, That $6,191,350,000 shall be available for basic grants under section 1124: Provided further, That up to $3,500,000 of these funds shall be available to the Secretary on October 1, 1996, to obtain updated local-educational-agency-level census poverty data from the Bureau of the Census: Provided further, That $999,249,000 shall be available for concentration grants under section 1124(A) and $7,000,000 shall be available for evaluations under section 1501.

IMPACT AID

    For carrying out programs of financial assistance to federally affected schools authorized by title VIII of the Elementary and Secondary Education Act of 1965, $730,000,000, of which $615,500,000 shall be for basic support payments under section 8003(b), $40,000,000 shall be for payments for children with disabilities under section 8003(d), $52,000,000, to remain available until expended, shall be for payments under section 8003(f), $5,000,000 shall be for construction under section 8007, and $17,500,000 shall be for Federal property payments under section 8002.

SCHOOL IMPROVEMENT PROGRAMS

    For carrying out school improvement activities authorized by titles II, IV-A-1, V-A and B, VI, IX, X and XIII of the Elementary and Secondary Education Act of 1965; the Stewart B. McKinney Homeless Assistance Act; and the Civil Rights Act of 1964; $1,349,631,000 of which $1,130,478,000 shall become available on July 1, 1997, and remain available through September 30, 1998: Provided, That of the amount appropriated, $250,000,000 shall be for Eisenhower professional development State grants under title II-B and $300,000,000 shall be for innovative education program strategies State grants under title VI-A.

BILINGUAL AND IMMIGRANT EDUCATION

    For carrying out, to the extent not otherwise provided, bilingual, foreign language and immigrant education activities authorized by parts A and C and section 7203 of title VII of the Elementary and Secondary Education Act, without regard to section 7103(b), $261,700,000, of which $100,000,000 shall be for immigrant education programs authorized by part C: Provided, That State educational agencies may use all, or any part of, their part C allocation for competitive grants to local educational agencies: Provided further, That the Department of Education should only support instructional programs which ensure that students completely master English in a timely fashion (a period of three to five years) while meeting rigorous achievement standards in the academic content areas.

SPECIAL EDUCATION

    For carrying out parts B, C, D, E, F, G, and H and section 610(j)(2)(C) of the Individuals with Disabilities Education Act, $4,036,000,000, of which $3,783,685,000 shall become available for obligation on July 1, 1997, and shall remain available through September 30, 1998: Provided, That the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau shall continue to be eligible to receive funds under the Individuals with Disabilities Education Act consistent with the provisions of Public Law 104-134: Provided further, That the entities that received competitive awards for direct services to children under section 611 of the Individuals with Disabilities Education Act in accordance with the competition required in Public Law 104-134 shall continue to be funded, without competition, in the same amounts as under Public Law 104-134.

REHABILITATION SERVICES AND DISABILITY RESEARCH

    For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973, the Technology-Related Assistance for Individuals with Disabilities Act, and the Helen Keller National Center Act, as amended, $2,509,447,000.

Special Institutions for Persons With Disabilities

AMERICAN PRINTING HOUSE FOR THE BLIND

    For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101 et seq.), $6,680,000.

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

    For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $43,041,000: Provided, That from the amount available, the Institute may at its discretion use funds for the endowment program as authorized under section 207.

GALLAUDET UNIVERSITY

    For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $79,182,000: Provided, That from the amount available, the University may at its discretion use funds for the endowment program as authorized under section 207.

VOCATIONAL AND ADULT EDUCATION

    For carrying out, to the extent not otherwise provided, the Carl D. Perkins Vocational and Applied Technology Education Act, the Adult Education Act, and the National Literacy Act of 1991, $1,492,000,000, of which $4,500,000 shall be for the National Institute for Literacy; and of which $1,489,081,000 shall become available on July 1, 1997 and shall remain available through September 30, 1998: Provided, That of the amounts made available under the Carl D. Perkins Vocational and Applied Technology Education Act, $4,500,000 shall be for national programs under title IV without regard to section 451: Provided further, That the Secretary may reserve up to $5,000,000 under section 313(d) of the Adult Education Act for activities carried out under section 383 of that Act: Provided further, That no funds shall be awarded to a State Council under section 112(f) of the Carl D. Perkins Vocational and Applied Technology Education Act, and no State shall be required to operate such a Council.

STUDENT FINANCIAL ASSISTANCE

    For carrying out subparts 1, 3, and 4 of part A, part C and part E of title IV of the Higher Education Act of 1965, as amended, $7,560,407,000, which shall remain available through September 30, 1998.

    The maximum Pell Grant for which a student shall be eligible during award year 1997-1998 shall be $2,700: Provided, That notwithstanding section 401(g) of the Act, if the Secretary determines, prior to publication of the payment schedule for such award year, that the amount included within this appropriation for Pell Grant awards in such award year, and any funds available from the fiscal year 1996 appropriation for Pell Grant awards, are insufficient to satisfy fully all such awards for which students are eligible, as calculated under section 401(b) of the Act, the amount paid for each such award shall be reduced by either a fixed or variable percentage, or by a fixed dollar amount, as determined in accordance with a schedule of reductions established by the Secretary for this purpose.

FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

    For Federal administrative expenses to carry out guaranteed student loans authorized by title IV, part B, of the Higher Education Act, as amended, $46,572,000.

HIGHER EDUCATION

    For carrying out, to the extent not otherwise provided, parts A and B of title III, without regard to section 360(a)(1)(B)(ii), titles IV, V, VI, VII, and IX, part A and subpart 1 of part B of title X, and title XI of the Higher Education Act of 1965, as amended, Public Law 102-423 and the Mutual Educational and Cultural Exchange Act of 1961; $876,856,000, of which $15,673,000 for interest subsidies under title VII of the Higher Education Act, as amended, shall remain available until expended: Provided, That funds available for part D of title IX of the Higher Education Act shall be available to fund noncompeting continuation awards for academic

year 1997-1998 for fellowships awarded originally under part B of title IX of said Act, under the terms and conditions of part B: Provided further, That $5,931,000 of the funds available for part D of title IX of the Higher Education Act shall be available to fund new and noncompeting continuation awards for academic year 1997-1998 for fellowships awarded under part C of title IX of said Act, under the terms and conditions of part C: Provided further, That notwithstanding sections 419D, 419E, and 419H of the Higher Education Act, as amended, scholarships made under title IV, part A, subpart 6 shall be prorated to maintain the same number of new scholarships in fiscal year 1997 as in fiscal year 1996: Provided further, That $3,000,000, to remain available until expended, shall be for the George H.W. Bush fellowship program, if authorized by April 1, 1997: Provided further, That $3,000,000, to remain available until expended, shall be for the Edmund S. Muskie Foundation to establish an endowment fund to provide income to support such foundation on a continuing basis, if authorized by April 1, 1997: Provided further, That $3,000,000, to remain available until expended, shall be for the Claiborne Pell Institute for International Relations and Public Policy at Salve Regina University in Newport, Rhode Island, if authorized by April 1, 1997.

HOWARD UNIVERSITY

    For partial support of Howard University (20 U.S.C. 121 et seq.), $196,000,000: Provided, That from the amount available, the University may at its discretion use funds for the endowment program as authorized under the Howard University Endowment Act (Public Law 98-480).

HIGHER EDUCATION FACILITIES LOANS

    The Secretary is hereby authorized to make such expenditures, within the limits of funds available under this heading and in accord with law, and to make such contracts and commitments without regard to fiscal year limitation, as provided by section 104 of the Government Corporation Control Act (31 U.S.C. 9104), as may be necessary in carrying out the program for the current fiscal year.

COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM

    For administrative expenses to carry out the existing direct loan program of college housing and academic facilities loans entered into pursuant to title VII, part C, of the Higher Education Act, as amended, $698,000.

COLLEGE HOUSING LOANS

    Pursuant to title VII, part C of the Higher Education Act, as amended, for necessary expenses of the college housing loans program, the Secretary shall make expenditures and enter into contracts without regard to fiscal year limitation using loan repayments and other resources available to this account. Any unobligated balances becoming available from fixed fees paid into this account pursuant to 12 U.S.C. 1749d, relating to payment of costs for inspections and site visits, shall be available for the operating expenses of this account.

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING, PROGRAM ACCOUNT

    The total amount of bonds insured pursuant to section 724 of title VII, part B of the Higher Education Act shall not exceed $357,000,000, and the cost, as defined in section 502 of the Congressional Budget Act of 1974, of such bonds shall not exceed zero.

    For administrative expenses to carry out the Historically Black College and University Capital Financing Program entered into pursuant to title VII, part B of the Higher Education Act, as amended, $104,000.

EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

    For carrying out activities authorized by the Educational Research, Development, Dissemination, and Improvement Act of 1994 including part E; the National Education Statistics Act of 1994; section 2102(c)(11), sections 3136 and 3141, parts A, B, C, and D of title III and parts A, B, I, and K and section 10601 of title X, and part C of title XIII of the Elementary and Secondary Education Act of 1965, as amended, and title VI of Public Law 103-227, $596,350,000: Provided, That $70,000,000 shall be for sections 3136 and 3141 of the Elementary and Secondary Education Act: Provided further, That none of the funds appropriated in this paragraph may be obligated or expended for the Goals 2000 Community Partnerships Program: Provided further, That notwithstanding any other provision of law, one-half of one percent of the amount available for section 3132 of the Elementary and Secondary Education Act of 1965, as amended, shall be set aside for all the outlying areas to be distributed to each outlying area in the same manner that funds are distributed among the States under section 3131(a)(1).

LIBRARIES

    For carrying out, to the extent not otherwise provided, titles I, II, III, and IV of the Library Services and Construction Act, and title II-B of the Higher Education Act, $128,369,000, of which $16,369,000 shall be used to carry out the provisions of title II of the Library Services and Construction Act and shall remain available until expended; and $2,500,000 shall be for section 222 and $5,000,000 shall be for section 223 of the Higher Education Act: Provided, That $1,000,000 shall be competitively awarded to a nonprofit regional social tolerance resource center, operating tolerance tools and prejudice reduction programs and multimedia tolerance and genocide exhibits.

Departmental Management

PROGRAM ADMINISTRATION

    For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of two passenger motor vehicles, $327,000,000.

OFFICE FOR CIVIL RIGHTS

    For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $55,000,000.

OFFICE OF THE INSPECTOR GENERAL

    For expenses necessary for the Office of the Inspector General, as authorized by section 212 of the Department of Education Organization Act, $30,000,000, together with any funds, to remain available until expended, that represent the equitable share from the forfeiture of property in investigations in which the Office of Inspector General participated, and which are transferred to the Office of the Inspector General by the Department of Justice, the Department of the Treasury, or the United States Postal Service.

GENERAL PROVISIONS

    SEC. 301. No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system.

    SEC. 302. None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student’s home, except for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing or clustering. The prohibition described in this section does not include the establishment of magnet schools.

    SEC. 303. No funds appropriated under this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools.

    SEC. 304. Notwithstanding any other provision of law, funds available under section 458 of the Higher Education Act shall not exceed $491,000,000 for fiscal year 1997. The Department of Education shall use $80,000,000 of the amounts provided for payment of administrative cost allowances to guaranty agencies for fiscal year 1996. For fiscal year 1997, the Department of Education shall pay administrative costs to guaranty agencies, calculated on the basis of 0.85 percent of the total principal amount of loans upon which insurance was issued on or after October 1, 1996: Provided, That such administrative costs shall be paid only on the first $8,200,000,000 of the principal amount of loans upon which insurance was issued on or after October 1, 1996 by such guaranty agencies, and shall not exceed a total of $70,000,000. Such payments are to be paid quarterly, and receipt of such funds and uses of such funds shall be in accordance with section 428(f) of the Higher Education Act. Receipt of such funds and uses of such funds by guaranty agencies shall be in accordance with section 428(f) of the Higher Education Act.

    Notwithstanding section 458 of the Higher Education Act, the Secretary may not use funds available under that section or any other section for subsequent fiscal years for administrative expenses of the William D. Ford Direct Loan Program. The Secretary may not require the return of guaranty agency reserve funds during fiscal year 1997, except after consultation with both the Chairmen and ranking members of the House Economic and Educational Opportunities Committee and the Senate Labor and Human Resources Committee. Any reserve funds recovered by the Secretary shall be returned to the Treasury of the United States for purposes of reducing the Federal deficit.

    No funds available to the Secretary may be used for (1) the hiring of advertising agencies or other third parties to provide advertising services for student loan programs, or (2) payment of administrative fees relating to the William D. Ford Direct Loan Program to institutions of higher education.

    SEC. 305. None of the funds appropriated in this Act may be obligated or expended to carry out section 727 of the Higher Education Act of 1965, and section 621(b) of Public Law 101-589.

(TRANSFER OF FUNDS)

    SEC. 306. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act, as amended) which are appropriated for the current fiscal year for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the Appropriations Committees of both Houses of Congress are notified at least fifteen days in advance of any transfer.

    SEC. 307. (a) Section 8003(f)(3)(A)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(f)(3)(A)(i)) is amended--

      (1) in the matter preceding subclause (I), by striking ‘The Secretary’ and all that follows through ‘greater of--’ and inserting the following: ‘The Secretary, in conjunction with the local educational agency, shall first determine each of the following:’;

      (2) in each of subclauses (I) through (III), by striking ‘the average’ each place it appears the first time in each such subclause and inserting ‘The average’;

      (3) in subclause (I), by striking the semicolon and inserting a period;

      (4) in subclause (II), by striking ‘: or’ and inserting a period; and

      (5) by adding at the end the following:

        ‘The local educational agency shall select one of the amounts determined under subclause (I), (II), or (III) for purposes of the remaining computations under this subparagraph.’.

    (b) The amendments made by subsection (a) shall apply with respect to fiscal years beginning with fiscal year 1995.

    SEC. 308. Section 487A of the Higher Education Act (20 U.S.C. 1094a et seq.) is amended by striking all after the word ‘sites’ in paragraph (d)(1) and inserting in lieu thereof ‘to test alternative data verification.’. Paragraph (d)(2) of section 487A is also amended by striking all after the word ‘site’ and inserting in lieu thereof the following: ‘from regulations prescribed under this title related to application data verification that would bias experimental results.’.

    SEC. 309. CLASSROOM COMPUTERS AND RELATED TECHNOLOGY-

      (a) IN GENERAL- Section 304 of the Goals 2000: Educate America Act (20 U.S.C. 5884) is amended by adding at the end the following new subsection:

    ‘(f) CLASSROOM COMPUTERS AND RELATED TECHNOLOGY-

      ‘(1) IN GENERAL- Notwithstanding any other provision of this title, the Secretary shall make available to the State educational agency serving each eligible State the allotment that the State educational agency would have received under this section for a fiscal year if such agency were eligible for assistance under this title for such year, to enable such agency to award subgrants, competitively awarded or distributed according to a state’s own formula, to local educational agencies within the State 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.

      ‘(2) Use of allotted funds-

        ‘(A) IN GENERAL- Each State educational agency receiving an allotment pursuant to paragraph (1) shall certify to the Secretary that the allotted funds will be used to pay for the use of computers and computer-related technology, the use of technology-enhanced curricula and instruction, the purchase of computers, or computer-related technology.

        ‘(B) CONSTRUCTION- Nothing in this title shall be constructed to permit the Secretary or any other officer or employee of the Federal Government to review or approve a State’s plan, or academic standards contained in such plan, in order to receive an allotment pursuant to paragraph (1).

      ‘(3) ELIGIBLE STATE- For the purpose of this subsection the term ‘eligible state’ means a state that--

        ‘(A) is not participating in the program under this title as of September 15, 1996.’

      (b) SPECIAL RULE- Paragraph (2) of Section 308(b) of such Act (20 U.S.C. 5888(b)) is amended--

        (1) in subparagraph (L), by striking ‘and’ after the semicolon;

        (2) in subparagraph (M), by striking the period and inserting ‘; and’; and

        (3) by adding at the end the following new subparagraph:

        ‘(N) supporting activities relating to the use of computers and computer-related technology, the use of technology-enhanced curricula and instruction, the purchase of computers, or computer-related technology.’.

    These titles may be cited as the ‘Department of Education Appropriations Act, 1997’.

TITLE IV--RELATED AGENCIES

Armed Forces Retirement Home

    For expenses necessary for the Armed Forces Retirement Home to operate and maintain the United States Soldiers’ and Airmen’s Home and the United States Naval Home, to be paid from funds available in the Armed Forces Retirement Home Trust Fund, $56,204,000, of which $432,000 shall remain available until expended for construction and renovation of the physical plants at the United States Soldiers’ and Airmen’s Home and the United States Naval Home: Provided, That this appropriation shall not be available for the payment of hospitalization of members of the Soldiers’ and Airmen’s Home in United States Army hospitals at rates in excess of those prescribed by the Secretary of the Army upon recommendation of the Board of Commissioners and the Surgeon General of the Army.

Corporation for National and Community Service

DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES

    For expenses necessary for the Corporation for National and Community Service to carry out the provisions of the Domestic Volunteer Service Act of 1973, as amended, $203,969,000.

Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as authorized by the Communications Act of 1934, an amount which shall be available within limitations specified by that Act, for the fiscal year 1999, $250,000,000: Provided, That no funds made available to the Corporation for Public Broadcasting by this Act shall be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, That none of the funds contained in this paragraph shall be available or used to aid or support any program or activity from which any person is excluded, or is denied benefits, or is discriminated against, on the basis of race, color, national origin, religion, or sex.

Federal Mediation and Conciliation Service

SALARIES AND EXPENSES

    For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor Management Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of passenger motor vehicles; and for expenses necessary for the Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses necessary for the Service to carry out the functions vested in it by the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. chapter 71), $32,579,000 including $1,500,000, to remain available through September 30, 1998, for activities authorized by the Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery, for special training activities and for arbitration services shall be credited to and merged with this account, and shall remain available until expended: Provided further, That fees for arbitration services shall be available only for education, training, and professional development of the agency workforce: Provided further, That the Director of the Service is authorized to accept on behalf of the United States gifts of services and real, personal, or other property in the aid of any projects or functions within the Director’s jurisdiction.

Federal Mine Safety and Health Review Commission

SALARIES AND EXPENSES

    For expenses necessary for the Federal Mine Safety and Health Review Commission (30 U.S.C. 801 et seq.), $6,060,000.

National Commission on Libraries and Information Science

SALARIES AND EXPENSES

    For necessary expenses for the National Commission on Libraries and Information Science, established by the Act of July 20, 1970 (Public Law 91-345, as amended by Public Law 102-95), $897,000.

National Council on Disability

SALARIES AND EXPENSES

    For expenses necessary for the National Council on Disability as authorized by title IV of the Rehabilitation Act of 1973, as amended, $1,793,000.

National Education Goals Panel

    For expenses necessary for the National Education Goals Panel, as authorized by title II, part A of the Goals 2000: Educate America Act, $1,500,000.

National Labor Relations Board

SALARIES AND EXPENSES

    For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, as amended (29 U.S.C. 141-167), and other laws, $161,753,000: Provided, That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 203), and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 per centum of the water stored or supplied thereby is used for farming purposes: Provided further, That none of the funds made available by this Act shall be used in any way to promulgate a final rule (altering 29 CFR part 103) regarding single location bargaining units in representation cases.

National Mediation Board

SALARIES AND EXPENSES

    For expenses necessary to carry out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151-188), including emergency boards appointed by the President, $8,300,000: Provided, That unobligated balances at the end of fiscal year 1997 not needed for emergency boards shall remain available through September 30, 1998.

Occupational Safety and Health Review Commission

SALARIES AND EXPENSES

    For expenses necessary for the Occupational Safety and Health Review Commission (29 U.S.C. 661), $7,753,000.

Physician Payment Review Commission

SALARIES AND EXPENSES

    For expenses necessary to carry out section 1845(a) of the Social Security Act, $3,263,000, to be transferred to this appropriation from the Federal Supplementary Medical Insurance Trust Fund.

Prospective Payment Assessment Commission

SALARIES AND EXPENSES

    For expenses necessary to carry out section 1886(e) of the Social Security Act, $3,263,000, to be transferred to this appropriation from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds.

Social Security Administration

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

    For payment to the Federal Old-Age and Survivors Insurance and the Federal Disability Insurance trust funds, as provided under sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,923,000.

    In addition, to reimburse these trust funds for administrative expenses to carry out sections 9704 and 9706 of the Internal Revenue Code of 1986, $10,000,000, to remain available until expended.

SPECIAL BENEFITS FOR DISABLED COAL MINERS

    For carrying out title IV of the Federal Mine Safety and Health Act of 1977, $460,070,000, to remain available until expended.

    For making, after July 31 of the current fiscal year, benefit payments to individuals under title IV of the Federal Mine Safety and Health Act of 1977, for costs incurred in the current fiscal year, such amounts as may be necessary.

    For making benefit payments under title IV of the Federal Mine Safety and Health Act of 1977 for the first quarter of fiscal year 1998, $160,000,000, to remain available until expended.

SUPPLEMENTAL SECURITY INCOME PROGRAM

    For carrying out titles XI and XVI of the Social Security Act, section 401 of Public Law 92-603, section 212 of Public Law 93-66, as amended, and section 405 of Public Law 95-216, including payment to the Social Security trust funds for administrative expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $19,372,010,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be returned to the Treasury.

    From funds provided under the previous paragraph, not less than $100,000,000 shall be available for payment to the Social Security trust funds for administrative expenses for conducting continuing disability reviews.

    In addition, $175,000,000, to remain available until September 30, 1998, for payment to the Social Security trust funds for administrative expenses for continuing disability reviews as authorized by section 103 of Public Law 104-121 and Supplemental Security Income administrative work as authorized by Public Law 104-193. The term ‘continuing disability reviews’ means reviews and redetermination as defined under section 201(g)(1)(A) of the Social Security Act as amended, and reviews and redeterminations authorized under section 211 of Public Law 104-193.

    For making, after June 15 of the current fiscal year, benefit payments to individuals under title XVI of the Social Security Act, for unanticipated costs incurred for the current fiscal year, such sums as may be necessary.

    For carrying out title XVI of the Social Security Act for the first quarter of fiscal year 1998, $9,690,000,000, to remain available until expended.

LIMITATION ON ADMINISTRATIVE EXPENSES

    For necessary expenses, including the hire of two passenger motor vehicles, and not to exceed $10,000 for official reception and representation expenses, not more than $5,873,382,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act or as necessary to carry out sections 9704 and 9706 of the Internal Revenue Code of 1986 from any one or all of the trust funds referred to therein: Provided, That reimbursement to the trust funds under this heading for administrative expenses to carry out sections 9704 and 9706 of the Internal Revenue Code of 1986 shall be made, with interest, not later than September 30, 1998: Provided further, That not less than $1,268,000 shall be for the Social Security Advisory Board: Provided further, That unobligated balances at the end of fiscal year 1997 not needed for fiscal year 1997 shall remain available until expended for a state-of-the-art computing network, including related equipment and administrative expenses associated solely with this network.

    From funds provided under the previous paragraph, not less than $200,000,000 shall be available for conducting continuing disability reviews.

    In addition to funding already available under this heading, and subject to the same terms and conditions, $310,000,000, to remain available until September 30, 1998, for continuing disability reviews as authorized by section 103 of Public Law 104-121 and Supplemental Security Income administrative work, as authorized by Public Law 104-193. The term ‘continuing disability reviews’ means reviews and redetermination as defined under section 201(g)(1)(A) of the Social Security Act as amended, and reviews and redeterminations authorized under section 211 of Public Law 104-193.

    In addition to funding already available under this heading, and subject to the same terms and conditions, $234,895,000, which shall remain available until expended, to invest in a state-of-the-art computing network, including related equipment and administrative expenses associated solely with this network, for the Social Security Administration and the State Disability Determination Services, may be expended from any or all of the trust funds as authorized by section 201(g)(1) of the Social Security Act.

OFFICE OF INSPECTOR GENERAL

    For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $6,335,000, together with not to exceed $31,089,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund.

Railroad Retirement Board

DUAL BENEFITS PAYMENTS ACCOUNT

    For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, $223,000,000, which shall include amounts becoming available in fiscal year 1997 pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount, not to exceed 2 percent of the amount provided herein, shall be available proportional to the amount by which the product of recipients and the average benefit received exceeds $223,000,000: Provided, That the total amount provided herein shall be credited in 12 approximately equal amounts on the first day of each month in the fiscal year.

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

    For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for interest earned on unnegotiated checks, $300,000, to remain available through September 30, 1998, which shall be the maximum amount available for payment pursuant to section 417 of Public Law 98-76.

LIMITATION ON ADMINISTRATION

    For necessary expenses for the Railroad Retirement Board for administration of the Railroad Retirement Act and the Railroad Unemployment Insurance Act, $87,898,000, to be derived in such amounts as determined by the Board from the railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund.

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

    For expenses necessary for the Office of Inspector General for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, as amended, not more than $5,404,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account: Provided, That none of the funds made available in this Act may be transferred to the Office from the Department of Health and Human Services, or used to carry out any such transfer: Provided further, That none of the funds made available in this paragraph may be used for any audit, investigation, or review of the Medicare program.

United States Institute of Peace

OPERATING EXPENSES

    For necessary expenses of the United States Institute of Peace as authorized in the United States Institute of Peace Act, $11,160,000.

TITLE V--GENERAL PROVISIONS

    SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred balances are used for the same purpose, and for the same periods of time, for which they were originally appropriated.

    SEC. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

    SEC. 503. (a) No part of any appropriation contained in this Act shall be used, other than for normal and recognized executive-legislative relationships, for publicity or

propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the Congress, or any State legislature, except in presentation to the Congress or any State legislative body itself.

    (b) No part of any appropriation contained in this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature.

    SEC. 504. The Secretaries of Labor and Education are each authorized to make available not to exceed $15,000 from funds available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for

official reception and representation expenses not to exceed $2,500 from the funds available for ‘Salaries and expenses, Federal Mediation and Conciliation Service’; and the Chairman of the National Mediation Board is authorized to make available for official reception and representation expenses not to exceed $2,500 from funds available for ‘Salaries and expenses, National Mediation Board’.

    SEC. 505. Notwithstanding any other provision of this Act, no funds appropriated under this Act shall be used to carry out any program of distributing sterile needles for the hypodermic injection of any illegal drug unless the Secretary of Health and Human Services determines that such programs are effective in preventing the spread of HIV and do not encourage the use of illegal drugs.

    SEC. 506. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS- It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made.

    (b) NOTICE REQUIREMENT- In providing financial assistance to, or entering into any contract with, any entity using funds made available in this Act, the head of each Federal agency, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress.

    (c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA- If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘Made in America’ inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.

    SEC. 507. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, including but not limited to State and local governments and recipients of Federal research grants, shall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.

    SEC. 508. None of the funds appropriated under this Act shall be expended for any abortion except when it is made known to the Federal entity or official to which funds are appropriated under this Act that such procedure is necessary to save the life of the mother or that the pregnancy is the result of an act of rape or incest.

    SEC. 509. Notwithstanding any other provision of law--

      (1) no amount may be transferred from an appropriation account for the Departments of Labor, Health and Human Services, and Education except as authorized in this or any subsequent appropriation act, or in the Act establishing the program or activity for which funds are contained in this Act;

      (2) no department, agency, or other entity, other than the one responsible for administering the program or activity for which an appropriation is made in this Act, may exercise authority for the timing of the obligation and expenditure of such appropriation, or for the purposes for which it is obligated and expended, except to the extent and in the manner otherwise provided in sections 1512 and 1513 of title 31, United States Code; and

      (3) no funds provided under this Act shall be available for the salary (or any part thereof) of an employee who is reassigned on a temporary detail basis to another position in the employing agency or department or in any other agency or department, unless the detail is independently approved by the head of the employing department or agency.

    SEC. 510. None of the funds made available in this Act may be used for the expenses of an electronic benefit transfer (EBT) task force.

    SEC. 511. None of the funds made available in this Act may be used to enforce the requirements of section 428(b)(1)(U)(iii) of the Higher Education Act of 1965 with respect to any lender when it is made known to the Federal official having authority to obligate or expend such funds that the lender has a loan portfolio under part B of title IV of such Act that is equal to or less than $5,000,000.

    SEC. 512. (a) None of the funds made available in this Act may be used for--

      (1) the creation of a human embryo or embryos for research purposes; or

      (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.208(a)(2) and section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)).

    (b) For purposes of this section, the term ‘human embryo or embryos’ include any organism, not protected as a human subject under 45 CFR 46 as of the date of the enactment of this Act, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes.

    SEC. 513. None of the funds made available in this Act may be used by the National Labor Relations Board to assert jurisdiction over any labor dispute when it is made known to the Federal official having authority to obligate or expend such funds that--

      (1) the labor dispute 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 by--

        (A) using changes in the Consumer Price Index for all urban consumers published by the Department of Labor;

        (B) using as the base period the later of (i) the most recent calendar quarter ending before the financial threshold amount was established; or (ii) the calendar quarter ending June 30, 1959; and

        (C) rounding the adjusted financial threshold amount to the nearest $10,000; and

      (2) the effect of the labor dispute on interstate commerce is not otherwise sufficiently substantial to warrant the exercise of the Board’s jurisdiction.

    SEC. 516. (a) LIMITATION ON USE OF FUNDS FOR PROMOTION OF LEGALIZATION OF CONTROLLED SUBSTANCES- None of the funds made available in this Act may be used for any activity when it is made known to the Federal official having authority to obligate or expend such funds that the activity promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established by section 202 of the Controlled Substances Act (21 U.S.C. 812).

    (b) EXCEPTIONS- The limitation in subsection (a) shall not apply when it is made known to the Federal official having authority to obligate or expend such funds that there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that Federally-sponsored clinical trials are being conducted to determine therapeutic advantage.

    SEC. 519. None of the funds made available in this Act may be obligated or expended to enter into or renew a contract with an entity when it is made known to the Federal official having authority to obligate or expend such funds that--

      (1) such entity is otherwise a contractor with the United States and is subject to the requirement in section 4212(d) of title 38, United States Code, regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans; and

      (2) such entity has not submitted a report as required by that section for the most recent year for which such requirement was applicable to such entity.

    SEC. 524. Of the budgetary resources available to Agencies in this Act for salaries and expenses during fiscal year 1997, $30,500,000, to be allocated by the Office of Management and Budget, are permanently canceled: Provided, That the foregoing provision shall not apply to the Food and Drug Administration and the Indian Health Service.

    SEC. 525. VOLUNTARY SEPARATION INCENTIVES FOR EMPLOYEES OF CERTAIN FEDERAL AGENCIES- (a) DEFINITIONS- For the purposes of this section--

      (1) the term ‘agency’ means the Railroad Retirement Board and the Office of Inspector General of the Railroad Retirement Board;

      (2) the term ‘employee’ means an employee (as defined by section 2105 of title 5, United States Code) who is employed by an agency, is serving under an appointment without time limitation, and has been

currently employed for a continuous period of at least 3 years, but does not include--

        (A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the agency;

        (B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the agency;

        (C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance;

        (D) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597 note), would qualify for a voluntary separation incentive payment under section 3 of such Act;

        (E) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has not repaid such payment;

        (F) an employee covered by statutory reemployment rights who is on transfer to another organization; or

        (G) any employee who, during the twenty-four-month period preceding the date of separation, has received a recruitment or relocation bonus under section 5753 of title 5, United States Code, or who, within the twelve-month period preceding the date of separation, received a retention allowance under section 5754 of title 5, United States Code.

    (b) AGENCY STRATEGIC PLAN-

      (1) IN GENERAL- The three-member Railroad Retirement Board, prior to obligating any resources for voluntary separation incentive payments, shall submit to the House and Senate Committees on Appropriations and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives a strategic plan outlining the intended use of such incentive payments and a proposed organizational chart for the agency once such incentive payments have been completed.

      (2) CONTENTS- The agency’s plan shall include--

        (A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level;

        (B) the number and amounts of voluntary separation incentive payments to be offered; and

        (C) a description of how the agency will operate without the eliminated positions and functions.

    (c) AUTHORITY TO PROVIDE VOLUNTARY SEPARATION INCENTIVE PAYMENTS-

      (1) IN GENERAL- A voluntary separation incentive payment under this section may be paid by an agency to any employee only to the extent necessary

to eliminate the positions and functions identified by the strategic plan.

      (2) AMOUNT AND TREATMENT OF PAYMENTS- A voluntary separation incentive payment--

        (A) shall be paid in a lump sum after the employee’s separation;

        (B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees;

        (C) shall be equal to the lesser of--

          (i) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code; or

          (ii) an amount determined by the agency head not to exceed $25,000;

        (D) may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) before September 30, 1997;

        (E) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and

        (F) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595 of title 5, United States Code, based on any other separation.

    (d) Additional Agency Contributions to the Retirement Fund-

      (1) IN GENERAL- In addition to any other payments which it is required to make under subchapter III of chapter 83 of title 5, United States Code, an agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the agency who is covered under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, to whom a voluntary separation incentive has been paid under this section.

      (2) DEFINITION- For the purpose of paragraph (1), the term ‘final basic pay’, with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee’s final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor.

    (e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT- An individual who has received a voluntary separation incentive payment under this section and accepts any employment for compensation with the Government of the United States, or who works for any agency of the United States Government through a personal services contract, within 5 years after the date of the separation on which the payment is based shall be required to pay, prior to the individual’s first day of employment, the entire amount of the incentive payment to the agency that paid the incentive payment.

    (f) REDUCTION OF AGENCY EMPLOYMENT LEVELS-

      (1) IN GENERAL- The total number of funded employee positions in the agency shall be reduced by one position for each vacancy created by the separation of any employee who has received, or is due to receive, a voluntary separation incentive payment under this section. For the purposes of this subsection, positions shall be counted on a full-time-equivalent basis.

      (2) ENFORCEMENT- The President, through the Office of Management and Budget, shall monitor the agency and take any action necessary to ensure that the requirements of this subsection are met.

    (g) EFFECTIVE DATE- This section shall take effect October 1, 1996.

TITLE VI--COMMISSION ON RETIREMENT INCOME POLICY

SEC. 601. SHORT TITLE.

    This title may be cited as the ‘Commission on Retirement Income Policy Act of 1996’.

SEC. 602. ESTABLISHMENT.

    There is established a commission to be known as the Commission on Retirement Income Policy (in this title referred to as the ‘Commission’).

SEC. 603. DUTIES.

    (a) IN GENERAL- The Commission shall conduct a full and complete review and study of--

      (1) trends in retirement savings in the United States;

      (2) existing Federal incentives and programs that are established to encourage and protect such savings; and

      (3) new Federal incentives and programs that are needed to encourage and protect such savings.

    (b) SPECIFIC ISSUES- In fulfilling the duty described in subsection (a), the Commission shall address--

      (1) the amount and sources of Federal and private funds, including tax expenditures (as defined in section 3 of the Congressional Budget Act of 1974 (2 U.S.C. 622)), needed to finance the incentives and programs referred to in subsection (a)(2) and any new Federal incentive or program that the Commission recommends be established;

      (2) the most efficient and effective manner, considering the needs of retirement plan sponsors for simplicity, reasonable cost, and appropriate incentives, of ensuring that individuals in the United States will have adequate retirement savings;

      (3) the amounts of retirement income that future retirees will need to replace various levels of preretirement income, including amounts necessary to pay for medical and long-term care;

      (4) the workforce and demographic trends that affect the pensions of future retirees;

      (5) the role of retirement savings in the economy of the United States;

      (6) sources of retirement income other than private pensions that are available to individuals in the United States; and

      (7) the shift away from insured and qualified pension benefits in the United States.

    (c) RECOMMENDATIONS-

      (1) IN GENERAL- The Commission shall formulate recommendations based on the review and study conducted under subsection (a). The recommendations shall include measures that address the needs of future retirees for--

        (A) appropriate pension plan coverage and other mechanisms for saving for retirement;

        (B) an adequate retirement income;

        (C) preservation of benefits they accumulate by participating in pension plans;

        (D) information concerning pension plan benefits; and

        (E) procedures to resolve disputes involving such benefits.

      (2) EFFECT ON FEDERAL BUDGET DEFICIT- A recommendation of the Commission for a new Federal incentive or program that would result in an increase in the Federal budget deficit shall not appear in the report required under section 607 unless it is accompanied by a recommendation for offsetting the increase.

SEC. 604. MEMBERSHIP.

    (a) NUMBER AND APPOINTMENT-

      (1) IN GENERAL- The Commission shall be composed of 16 voting members appointed not later than 90 days after the date of the enactment of this Act. The Commission shall consist of the following members:

        (A) Four members appointed by the President, of which two shall be from the executive branch of the Government and two from private life.

        (B) Three members appointed by the Majority Leader of the Senate of which at least one shall be from private life.

        (C) Three members appointed by the Minority Leader of the Senate of which at least one shall be from private life.

        (D) Three members appointed by the Majority Leader of the House of Representatives of which at least one shall be from private life.

        (E) Three members appointed by the Minority Leader of the House of Representatives of which at least one shall be from private life.

      (2) QUALIFICATIONS- The individuals referred to in paragraph (1) who are not Members of the Congress shall be leaders of business or labor, distinguished academics, or other individuals with distinctive qualifications and experience in retirement income policy.

    (b) TERMS- Each member shall be appointed for the life of the Commission.

    (c) VACANCIES- A vacancy in the Commission shall be filled not later than 90 days after the date of the creation of the vacancy in the manner in which the original appointment was made.

    (d) COMPENSATION-

      (1) RATES OF PAY- Except as provided in paragraph (2), members of the Commission shall serve without pay.

      (2) TRAVEL EXPENSES- Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.

    (e) QUORUM- 10 members of the Commission shall constitute a quorum, but 6 members may hold hearings, take testimony, or receive evidence.

    (f) CHAIRPERSON- The chairperson of the Commission shall be elected by a majority vote of the members of the Commission.

    (g) MEETINGS- The Commission shall meet at the call of the chairperson of the Commission.

    (h) DECISIONS- Decisions of the Commission shall be made according to the vote of not less than a majority of the members who are present and voting at a meeting called pursuant to subsection (g).

SEC. 605. STAFF AND SUPPORT SERVICES.

    (a) EXECUTIVE DIRECTOR- The Commission shall have an executive director appointed by the Commission. The Commission shall fix the pay of the executive director.

    (b) STAFF- The Commission may appoint and fix the pay of additional personnel as it considers appropriate.

    (c) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS- The executive director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates.

    (d) EXPERTS AND CONSULTANTS- The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates the Commission determines to be appropriate.

    (e) STAFF OF FEDERAL AGENCIES- Upon request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of the agency to the Commission to assist it in carrying out its duties under this title.

    (f) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this title.

SEC. 606. POWERS.

    (a) HEARINGS AND SESSIONS-

      (1) IN GENERAL- The Commission may, for the purpose of carrying out this title, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it.

      (2) PUBLIC HEARINGS- The Commission may hold public hearings to receive the views of a broad spectrum of the public on the status of the private retirement system of the United States.

    (b) DELEGATION OF AUTHORITY- Any member, committee, or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section.

    (c) INFORMATION-

      (1) INFORMATION FROM FEDERAL AGENCIES-

        (A) IN GENERAL- The Commission may secure directly from any Federal agency information necessary to enable it to carry out this title. Upon request of the Commission, the head of the Federal agency shall furnish the information to the Commission.

        (B) EXCEPTION- Subparagraph (A) shall not apply to any information that the Commission is prohibited to secure or request by another law.

      (2) PUBLIC SURVEYS- The Commission may conduct the public surveys necessary to enable it to carry out this title. In conducting such surveys, the Commission shall not be considered an agency for purposes of chapter 35 of title 44, United States Code.

    (d) MAILS- The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies.

    (e) CONTRACT AND PROCUREMENT AUTHORITY- The Commission may make purchases, and may contract with and compensate government and private agencies or persons for property or services, without regard to--

      (1) section 3709 of the Revised Statutes (41 U.S.C. 5); and

      (2) title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).

    (f) GIFTS- The Commission may accept, use, and dispose of gifts of services or property, both real and personal, for the purpose of assisting the work of the Commission. Gifts of money and proceeds from sales of property received as gifts shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. For purposes of Federal income, estate, and gift taxes, property accepted under this subsection shall be considered as a gift to the United States.

    (g) VOLUNTEER SERVICES- Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary.

SEC. 607. REPORT.

    Not later than 1 year after the first meeting of the Commission, the Commission shall submit a report to the President, the majority and minority leaders of the Senate, the Committee on Labor and Human Resources and the Committee on Finance of the Senate, the majority and minority leaders of the House of Representatives, and the Committee on Ways and Means and the Committee on Economic and Educational Opportunities of the House of Representatives. The report shall review the matters that the Commission is required to study under section 603 and shall set forth the recommendations of the Commission.

SEC. 608. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be necessary to carry out this title.

SEC. 609. TERMINATION.

    The Commission shall terminate not later than the expiration of the 90-day period beginning on the date on which the Commission submits its report under section 607.

    This Act may be cited as the ‘Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1997’.

    (f) For programs, projects or activities in the Treasury, Postal Service, and General Government Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

AN ACT

    Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending September 30, 1997, and for other purposes.

TITLE I--DEPARTMENT OF THE TREASURY

Departmental Offices

salaries and expenses

    For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Annex; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business; not to exceed $2,900,000 for official travel expenses; not to exceed $150,000 for official reception and representation expenses; not to exceed $258,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate; $108,760,000.

Automation Enhancement

INCLUDING TRANSFER OF FUNDS

    For the development and acquisition of automatic data processing equipment, software, and services for the Department of the Treasury, $27,100,000, of which $15,000,000 shall be available to the United States Customs Service for the Automated Commercial Environment project, and of which $5,600,000 shall be available to the United States Customs Service for the International

Trade Data System: Provided, That these funds shall remain available until September 30, 1999: Provided further, That these funds shall be transferred to accounts and in amounts as necessary to satisfy the requirements of the Department’s offices, bureaus, and other organizations: Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided further, That none of the funds shall be used to support or supplement Internal Revenue Service appropriations for Information Systems and Tax Systems Modernization: Provided further, That of the funds appropriated for the Automated Commercial Environment, $3,475,000 may not be obligated until the Commissioner of Customs consults with the Committees on Appropriations regarding deficiencies identified by the General Accounting Office.

Office of Inspector General

SALARIES AND EXPENSES

    For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, not to exceed $2,000,000 for official travel expenses; including hire of passenger motor vehicles; and not to exceed $100,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General of the Treasury; $29,736,000.

Office of Professional Responsibility

SALARIES AND EXPENSES

    For necessary expenses of the Office of Professional Responsibility, including purchase and hire of passenger motor vehicles, $1,500,000.

Treasury Buildings and Annex Repair and Restoration

INCLUDING TRANSFER OF FUNDS

    For the repair, alteration, and improvement of the Treasury Building and Annex, $28,213,000, to remain available until expended: Provided, That funds previously made available under this title for the Secret Service Headquarter’s building shall be transferred to the Secret Service Acquisition, Construction, Improvement and Related Expenses appropriation.

Financial Crimes Enforcement Network

SALARIES AND EXPENSES

    For necessary expenses of the Financial Crimes Enforcement Network, including hire of passenger motor vehicles; travel expenses of non-Federal law enforcement personnel to attend meetings concerned with financial intelligence activities, law enforcement, and financial regulation; not to exceed $14,000 for official reception and representation expenses; and for assistance to Federal law enforcement agencies, with or without reimbursement; $22,387,000: Provided, That notwithstanding any other provision of law, the Director of the Financial Crimes Enforcement Network may procure up to $500,000 in specialized, unique, or novel automatic data processing equipment, ancillary equipment, software, services, and related resources from commercial vendors without regard to otherwise applicable procurement laws and regulations and without full and open competition, utilizing procedures best suited under the circumstances of the procurement to efficiently fulfill the agency’s requirements: Provided further, That funds appropriated in this account may be used to procure personal services contracts.

Department of the Treasury Forfeiture Fund

    For necessary expenses of the Treasury Forfeiture Fund, as authorized by Public Law 102-393, not to exceed $10,000,000, to be derived from deposits in the fund: Provided, That notwithstanding any other provision of law, not to exceed $7,500,000 shall be made available for the development of a Federal wireless communication system: Provided further, That the Secretary of the Treasury is authorized to receive all unavailable collections transferred from the Special Forfeiture Fund established by section 6073 of the Anti-Drug Abuse Act of 1988 (21

U.S.C. 1509) by the Director of the Office of Drug Control Policy as a deposit into the Treasury Forfeiture Fund (31 U.S.C. 9703(a)).

Violent Crime Reduction Programs

INCLUDING TRANSFER OF FUNDS

    For activities authorized by Public Law 103-322, to remain available until expended, which shall be derived from the Violent Crime Reduction Trust Fund, as follows:

    (a) As authorized by section 190001(e), $89,000,000, of which $36,595,000 shall be available to the Bureau of Alcohol, Tobacco and Firearms, of which $3,000,000 shall be available for administering the Gang Resistance Education and Training program, of which $3,662,000 shall be available for ballistics technologies, including the purchase, maintenance and upgrading of equipment and of which $29,133,000 shall be available to enhance training and purchase equipment and services, and of which $800,000 shall be available for project LEAD; of which $18,300,000 shall be available to the Secretary as authorized by section 732 of Public Law 104-132; of which $1,000,000 shall be available to the Financial Crimes Enforcement Network; of which $20,000,000 shall be available to the United States Secret Service, of which no less than $1,400,000 shall be available for a grant for activities related to the investigations of missing and exploited children; and of which $13,105,000 shall be available to the Federal Drug Control Programs, High Intensity Drug Trafficking Areas program: Provided That none of the funds in this Act shall be available for a study of tagging black or smokeless powder.

    (b) As authorized by section 32401, $8,000,000, for disbursement through grants, cooperative agreements or contracts, to local governments for Gang Resistance Education and Training: Provided, That notwithstanding sections 32401 and 310001, such funds shall be allocated only to the affected State and local law enforcement and prevention organizations participating in such projects.

Treasury Franchise Fund

    There is hereby established in the Treasury a franchise fund pilot, as authorized by section 403 of Public Law 103-356, to be available as provided in such section for expenses and equipment necessary for the maintenance and operation of such financial and administrative support services as the Secretary determines may be performed more advantageously as central services: Provided, That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made for the purpose of providing capital, shall be used to capitalize such fund: Provided further, That such fund shall be reimbursed or credited with the payments, including advanced payments, from applicable appropriations and funds available to the Department and other Federal agencies for which such administrative and financial services are performed, at rates which will recover all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of Automatic Data Processing (ADP) software and systems, and an amount necessary to maintain a reasonable operating reserve, as determined by the Secretary: Provided further, That such fund shall provide services on a competitive basis: Provided further, That an amount not to exceed 4 percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each fiscal year thereafter, to remain available until expended, to be used for the acquisition of capital equipment and for the improvement and implementation of Treasury financial management, ADP, and other support systems: Provided further, That no later than 30 days after the end of each fiscal year, amounts in excess of this reserve limitation shall be deposited as miscellaneous receipts in the Treasury: Provided further, That such franchise fund pilot shall terminate pursuant to section 403(f) of Public Law 103-356.

Federal Law Enforcement Training Center

salaries and expenses

    For necessary expenses of the Federal Law Enforcement Training Center, as a bureau of the Department of

the Treasury, including materials and support costs of Federal law enforcement basic training; purchase (not to exceed 52 for police-type use, without regard to the general purchase price limitation) and hire of passenger motor vehicles; for expenses for student athletic and related activities; uniforms without regard to the general purchase price limitation for the current fiscal year; the conducting of and participating in firearms matches and presentation of awards; for public awareness and enhancing community support of law enforcement training; not to exceed $9,500 for official reception and representation expenses; room and board for student interns; and services as authorized by 5 U.S.C. 3109; $54,831,000, of which up to $13,034,000 for materials and support costs of Federal law enforcement basic training shall remain available until September 30, 1999: Provided, That the Center is authorized to accept and use gifts of property, both real and personal, and to accept services, for authorized purposes, including funding of a gift of intrinsic value which shall be awarded annually by the Director of the Center to the outstanding student who graduated from a basic training program at the Center during the previous fiscal year, which shall be funded only by gifts received through the Center’s gift authority: Provided further, That notwithstanding any other provision of law, students attending training at any Federal Law Enforcement Training Center site shall reside in on-Center or Center-provided housing, insofar as available and in accordance with Center policy: Provided further, That funds appropriated in this account shall be available, at the discretion of the Director, for: training United States Postal Service law enforcement personnel and Postal police officers; State and local government law enforcement training on a space-available basis; training of foreign law enforcement officials on a space-available basis with reimbursement of actual costs to this appropriation; training of private sector security officials on a space-available basis with reimbursement of actual costs to this appropriation; and travel expenses of non-Federal personnel to attend course development meetings and training at the Center: Provided further, That the Center is authorized to obligate funds in anticipation of reimbursements from agencies receiving training at the Federal Law Enforcement Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year: Provided further, That the Federal Law Enforcement Training Center is authorized to provide short term medical services for students undergoing training at the Center.

acquisition, construction, improvements, and related expenses

    For expansion of the Federal Law Enforcement Training Center, for acquisition of necessary additional real property and facilities, and for ongoing maintenance, facility improvements, and related expenses, $18,884,000, to remain available until expended.

Financial Management Service

salaries and expenses

    For necessary expenses of the Financial Management Service, $196,069,000, of which not to exceed $14,277,000 shall remain available until expended for systems modernization initiatives. In addition, $90,000, to be derived from the Oil Spill Liability Trust Fund, to reimburse the Service for administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of Public Law 101-380: Provided, That none of the funds made available for systems modernization initiatives may not be obligated until the Commissioner of the Financial Management Service has submitted, and the Committees on Appropriations of the House and Senate have approved, a report that identifies, evaluates, and prioritizes all computer systems investments planned for fiscal year 1997, a milestone schedule for the development and implementation of all projects included in the systems investment plan, and a systems architecture plan.

Bureau of Alcohol, Tobacco and Firearms

salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco and Firearms, including purchase of not to exceed 650 vehicles for police-type use for replacement only and hire of passenger motor vehicles; hire of aircraft; and services of expert witnesses at such rates as may be determined by the Director; for payment of per diem and/or subsistence allowances to employees where an assignment to the National Response Team during the investigation of a bombing or arson incident requires an employee to work 16 hours or more per day or to remain overnight at his or her post of duty; not to exceed $12,500 for official reception and representation expenses; for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; provision of laboratory assistance to State and local agencies, with or without reimbursement; $393,971,000, of which $12,011,000, to remain available until expended, shall be available for arson investigations, with priority assigned to any arson, explosion or violence against religious institutions; which not to exceed $1,000,000 shall be available for the payment of attorneys’ fees as provided by 18 U.S.C. 924(d)(2); and of which $1,000,000 shall be available for the equipping of any vessel, vehicle, equipment, or aircraft available for official use by a State or local law enforcement agency if the conveyance will be used in drug-related joint law enforcement operations with the Bureau of Alcohol, Tobacco and Firearms and for the payment of overtime salaries, travel, fuel, training, equipment, and other similar costs of State and local law enforcement officers that are incurred in joint operations with the Bureau of Alcohol, Tobacco and Firearms: Provided, That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco and Firearms to other agencies or Departments in the fiscal year ending on September 30, 1997: Provided further, That no funds appropriated herein shall be available for salaries or administrative expenses in connection with consolidating or centralizing, within the Department of the Treasury, the records, or any portion thereof, of acquisition and disposition of firearms maintained by Federal firearms licensees: Provided further, That no funds appropriated herein shall be used to pay administrative expenses or the compensation of any officer or employee of the United States to implement an amendment or

amendments to 27 CFR 178.118 or to change the definition of ‘Curios or relics’ in 27 CFR 178.11 or remove any item from ATF Publication 5300.11 as it existed on January 1, 1994: Provided further, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under 18 U.S.C. 925(c): Provided further, That such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under 18 U.S.C. 925(c): Provided further, That no funds in this Act may be used to provide ballistics imaging equipment to any State or local authority who has obtained similar equipment through a Federal grant or subsidy unless the State or local authority agrees to return that equipment or to repay that grant or subsidy to the Federal Government: Provided further, That no funds available for separation incentive payments as authorized by section 525 of this Act may be obligated without the advance approval of the House and Senate Committees on Appropriations: Provided further, That no funds under this Act may be used to electronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal identification code.

LABORATORY FACILITIES

    For necessary expenses for design of a new facility or facilities, to house the Bureau of Alcohol, Tobacco and Firearms National Laboratory Center and the Fire Investigation Research and Development Center, not to exceed 185,000 occupiable square feet, $6,978,000, to remain available until expended: Provided, That these funds shall not be available until a prospectus of authorization for the Laboratory Facilities is approved by the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works.

United States Customs Service

SALARIES AND EXPENSES

INCLUDING TRANSFER OF FUNDS

    For necessary expenses of the United States Customs Service, including purchase of up to 1,000 motor vehicles of which 960 are for replacement only, including 990 for police-type use and commercial operations; hire of motor vehicles; contracting with individuals for personal services abroad; not to exceed $30,000 for official reception and representation expenses; and awards of compensation to informers, as authorized by any Act enforced by the United States Customs Service; $1,487,250,000; of which $65,000,000 shall be available until expended for Operation Hardline; of which $28,000,000 shall remain available until expended for acquisition of aircraft and related operations and maintenance associated with Operation Gateway; and of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Reconciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)), shall be derived from that Account; of the total, not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations, and not to exceed $4,000,000 shall be available until expended for research and not to exceed $1,000,000 shall be available until expended for conducting special operations pursuant to 19 U.S.C. 2081 and up to $6,000,000 shall be available until expended for the procurement of automation infrastructure items, including hardware, software, and installation: Provided, That uniforms may be purchased without regard to the general purchase price limitation for the current fiscal year: Provided further, That the United States Custom Service shall implement the General Aviation Telephonic Entry program within 30 days of enactment of this Act: Provided further, That no funds available for separation incentive payments as authorized by section 525 of this Act may be obligated without the advance approval of the House and Senate Committees on Appropriations: Provided further, That the Spirit of St. Louis Airport in St. Louis County, Missouri, shall be designated a port of entry: Provided further, That no funds under this Act may be used to provide less than 30 days public notice for any change in apparel regulations: Provided further, That

$750,000 shall be available for additional part-time and temporary positions in the Honolulu Customs District: Provided further, That of the funds appropriated $2,500,000 may be made available for the Western Hemisphere Trade Center authorized by Public Law 103-182.

operation and maintenance, air and marine interdiction programs

    For expenses, not otherwise provided for, necessary for the operation and maintenance of marine vessels, aircraft, and other related equipment of the Air and Marine Programs, including operational training and mission-related travel, and rental payments for facilities occupied by the air or marine interdiction and demand reduction programs, the operations of which include: the interdiction of narcotics and other goods; the provision of support to Customs and other Federal, State, and local agencies in the enforcement or administration of laws enforced by the Customs Service; and, at the discretion of the Commissioner of Customs, the provision of assistance to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts; $83,363,000, which shall remain available until expended: Provided, That no aircraft or other related equipment, with the exception of aircraft which is one of a kind and has been identified as excess to Customs requirements and aircraft which has been damaged beyond repair, shall be transferred to any other Federal agency, Department, or office outside of the Department of the Treasury, during fiscal year 1997 without the prior approval of the House and Senate Committees on Appropriations.

customs services at small airports

(TO BE DERIVED FROM FEES COLLECTED)

    Such sums as may be necessary for expenses for the provision of Customs services at certain small airports or other facilities when authorized by law and designated by the Secretary of the Treasury, including expenditures for the salary and expenses of individuals employed to provide such services, to be derived from fees collected by the Secretary pursuant to section 236 of Public Law 98-573 for each of these airports or other facilities when authorized by law and designated by the Secretary, and to remain available until expended.

harbor maintenance fee collection

    For administrative expenses related to the collection of the Harbor Maintenance Fee, pursuant to Public Law 103-182, $3,000,000, to be derived from the Harbor Maintenance Trust Fund and to be transferred to and merged with the Customs ‘Salaries and Expenses’ account for such purposes.

Bureau of the Public Debt

administering the public debt

    For necessary expenses connected with any public-debt issues of the United States; $169,735,000: Provided, That the sum appropriated herein from the General Fund for fiscal year 1997 shall be reduced by not more than $4,400,000 as definitive security issue fees and Treasury Direct Investor Account Maintenance fees are collected, so as to result in a final fiscal year 1997 appropriation from the General Fund estimated at $165,335,000.

Internal Revenue Service

processing, assistance, and management

    For necessary expenses of the Internal Revenue Service, not otherwise provided for; including processing tax returns; revenue accounting; providing assistance to taxpayers, management services, and inspection; including purchase (not to exceed 150 for replacement only for police-type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner; $1,779,840,000, of which up to $3,700,000 shall be for the Tax Counseling for the Elderly Program, and

of which not to exceed $25,000 shall be for official reception and representation expenses.

tax law enforcement

    For necessary expenses of the Internal Revenue Service for determining and establishing tax liabilities; tax and enforcement litigation; technical rulings; examining employee plans and exempt organizations; investigation and enforcement activities; securing unfiled tax returns; collecting unpaid accounts; statistics of income and compliance research; the purchase (for police-type use, not to exceed 850), and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner $4,078,211,000, of which not to exceed $1,000,000 shall remain available until September 30, 1999, for research.

INFORMATION SYSTEMS

    For necessary expenses for data processing and telecommunications support for Internal Revenue Service activities, including tax systems modernization and operational information systems; the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner, $1,323,075,000, of which no less than $130,075,000 shall be available for Tax Systems Modernization (TSM) development and deployment which shall be available until September 30, 1999, and of which no less than $206,200,000 shall be available for TSM Operational Systems: Provided, That $70,979,000 of the funds made available for TSM development and deployment shall not be available until the Internal Revenue Service has in place a complete and approved systems architecture for TSM: Provided further, That none of the funds made available for TSM Operational Systems shall be available after June 30, 1997, unless the Department of the Treasury has prepared for release a Final Request for Proposal which would be used as a base for a solicitation of a contract with an alternative or new Prime Contractor to manage, integrate, test and implement the TSM program: Provided further, That all activities associated with the development of a request for proposal, contract solicitation, and contract award for private sector assistance on TSM (both operational systems and development and deployment systems), beyond private sector assistance which is currently under contract, shall be conducted by the Department of the Treasury’s Modernization Management Board: Provided further, That the Internal Revenue Service shall submit, by February 1, 1997, a timetable for implementing, by October 1, 1997, all recommendations made by the General Accounting Office in its July 1995 report, entitled: ‘Tax Systems Modernization: Management and

Technical Weaknesses Must Be Corrected If Modernization Is To Succeed’: Provided further, That the Internal Revenue Service shall submit, by December 1, 1996, a schedule to transfer, not later than June 30, 1997, a majority of Tax Systems Modernization development, deployment, management, integration, and testing, from the Internal Revenue Service to the private sector.

information systems

(RESCISSION)

    Of the funds made available under this heading for Information Systems in Public Law 104-52, $115,000,000 are rescinded, in Public Law 103-123, $17,447,000 are rescinded, in Public Law 102-393, $15,000,000 are rescinded, and in Public Law 102-141, $27,000,000 are rescinded.

ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE

    SECTION 101. Not to exceed 5 percent of any appropriation made available in this Act to the Internal Revenue Service may be transferred to any other Internal Revenue Service appropriation upon the advance approval of the House and Senate Committees on Appropriations.

    SEC. 102. The Internal Revenue Service shall maintain a training program to insure that Internal Revenue Service employees are trained in taxpayers’ rights, in dealing courteously with the taxpayers, and in cross-cultural relations.

    SEC. 103. The funds provided in this Act for the Internal Revenue Service shall be used to provide as a minimum, the fiscal year 1995 level of service, staffing, and funding for Taxpayer Services.

    SEC. 104. No funds available in this Act to the Internal Revenue Service for separation incentive payments as authorized by section 525 of this Act may be obligated without the advance approval of the House and Senate Committees on Appropriations.

    SEC. 105. The Internal Revenue Service is prohibited from expending funds for the field office reorganization plan until the National Commission on Restructuring the Internal Revenue Service has had an opportunity to issue their final report.

    SEC. 106. Funds made available by this or any other Act to the Internal Revenue Service shall be available for improved facilities and increased manpower to provide sufficient and effective 1-800 help line for taxpayers. The Commissioner shall make the improvement of the IRS 1-800 help line service a priority and allocate resources necessary to increase phone lines and staff to improve the IRS 1-800 help line service.

    SEC. 107. No funds made available by this Act, or any other Act, to the Internal Revenue Service may be used to pay for the design and printing of more than two ink colors on the covers of income tax packages, and such ink colors must be the same colors as used to print the balance of the material in each package.

United States Secret Service

salaries and expenses

    For necessary expenses of the United States Secret Service, including purchase (not to exceed 702 vehicles for police-type use, of which 665 shall be for replacement only), and hire of passenger motor vehicles; hire of aircraft; training and assistance requested by State and local governments, which may be provided without reimbursement; services of expert witnesses at such rates as may be determined by the Director; rental of buildings in the District of Columbia, and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control, as may be necessary to

perform protective functions; for payment of per diem and/or subsistence allowances to employees where a protective assignment during the actual day or days of the visit of a protectee require an employee to work 16 hours per day or to remain overnight at his or her post of duty; the conducting of and participating in firearms matches; presentation of awards; and for travel of Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act: Provided, That approval is obtained in advance from the House and Senate Committees on Appropriations; for repairs, alterations, and minor construction at the James J. Rowley Secret Service Training Center; for research and development; for making grants to conduct behavioral research in support of protective research and operations; not to exceed $20,000 for official reception and representation expenses; not to exceed $50,000 to provide technical assistance and equipment to foreign law enforcement organizations in counterfeit investigations; for payment in advance for commercial accommodations as may be necessary to perform protective functions; and for uniforms without regard to the general purchase price limitation for the current fiscal year: Provided further, That 3 U.S.C. 203(a) is amended by deleting ‘but not exceeding twelve hundred in number’; $528,262,000, of which $1,200,000 shall be available as a grant for activities related to the investigations of missing and exploited children and shall remain available until expended.

SALARIES AND EXPENSES

(RESCISSION)

    Of the funds made available under this heading in Public Law 104-52, $7,600,000 are rescinded.

ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND RELATED EXPENSES

(INCLUDING TRANFER OF FUNDS)

    For necessary expenses of construction, repair, alteration, and improvement of facilities, $37,365,000, of which $8,200,000 shall be available for the Rowley Secret Service Training Center, to remain available until expended: Provided, That funds previously provided under the title, ‘Treasury Buildings and Annex Repair and Restoration,’ for the Secret Service’s Headquarters Building, shall be transferred to this account: Provided further, That funds for the Rowley Secret Service Training Center shall not be available until a prospectus authorizing such facilities is approved in accordance with the Public Buildings Act of 1959, as amended, except that funds may be expended for required expenses in connection with the development of a proposed prospectus.

General Provisions--Department of the Treasury

    SECTION 111. Any obligation or expenditure by the Secretary in connection with law enforcement activities of a Federal agency or a Department of the Treasury law enforcement organization in accordance with 31 U.S.C. 9703(g)(4)(B) from unobligated balances remaining in the Fund on September 30, 1997, shall be made in compliance with the reprogramming guidelines contained in the House and Senate reports accompanying this Act.

    SEC. 112. Appropriations to the Treasury Department in this Act shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; purchase of motor vehicles without regard to the general purchase price limitations for vehicles purchased and used overseas for the current fiscal year; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services authorized by 5 U.S.C. 3109.

    SEC. 113. None of the funds appropriated by this title shall be used in connection with the collection of any underpayment of any tax imposed by the Internal Revenue Code of 1986 unless the conduct of officers and employees of the Internal Revenue Service in connection with such collection, including any private sector employees under contract to the Internal Revenue Service, complies with subsection (a) of section 805 (relating to communications in connection with debt collection), and section 806 (relating to harassment or abuse), of the Fair Debt Collection Practices Act (15 U.S.C. 1692).

    SEC. 114. The Internal Revenue Service shall institute policies and procedures which will safeguard the confidentiality of taxpayer information.

    SEC. 115. The funds provided to the Bureau of Alcohol, Tobacco, and Firearms for fiscal year 1997 in this Act for the enforcement of the Federal Alcohol Administration Act shall be expended in a manner so as not to diminish enforcement efforts with respect to section 105 of the Federal Alcohol Administration Act.

    SEC. 116. Paragraph (3)(C) of section 9703(g) of title 31, United States Code, is amended--

      (1) by striking in the third sentence ‘and at the end of each fiscal year thereafter’;

      (2) by inserting in lieu thereof ‘1994, 1995, and 1996’; and

      (3) by adding at the end the following new sentence: ‘At the end of fiscal year 1997, and at the end of each fiscal year thereafter, the Secretary shall reserve any amounts that are required to be retained in the Fund to ensure the availability of amounts in the subsequent fiscal year for purposes authorized under subsection (a).’

    SEC. 117. Of the funds available to the Internal Revenue Service, $13,000,000 shall be made available to continue the private sector debt collection program which was initiated in fiscal year 1996 and $13,000,000 shall be transferred to the Departmental Offices appropriation to initiate a new private sector debt collection program: Provided, That the transfer provided herein shall be in addition to any other transfer authority contained in this Act.

    SEC. 118. Section 923(j) of title 18, United States Code, is amended by striking the period after the last sentence, and inserting the following: ‘, including the right of a licensee to conduct ‘curios or relics’ firearms transfers and business away from their business premises with another licensee without regard as to whether the location of where the business is conducted is located in the State specified on the license of either licensee.’.

    This title may be cited as the ‘Treasury Department Appropriations Act, 1997’.

TITLE II--POSTAL SERVICE

Payments to the Postal Service

payment to the postal service fund

    For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsections (c) and (d) of section 2401 of title 39, United States Code, $85,080,000: Provided, That mail for overseas voting and mail for the blind shall continue to be free: Provided further, That 6-day delivery and rural delivery of mail shall continue at not less than the 1983 level: Provided further, That none of the funds made available to the Postal Service by this Act shall be used to implement any rule, regulation, or policy of charging any officer or employee of any State or local child support enforcement agency, or any individual participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer: Provided further, That none of the funds provided in this Act shall be used to consolidate or close small rural and other small post offices in the fiscal year ending on September 30, 1997.

PAYMENT TO THE POSTAL SERVICE FUND FOR NONFUNDED LIABILITIES

    For payment to the Postal Service Fund for meeting the liabilities of the former Post Office Department to the Employees’ Compensation Fund pursuant to 39 United States Code 2004, $35,536,000.

TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

Compensation of the President and

the White House Office

compensation of the president

    For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $250,000: Provided, That none of the funds made available for official expenses shall be expended for any other purpose and any unused amount shall revert to the Treasury pursuant to section 1552 of title 31, United States Code: Provided further, That none of the funds made available for official expenses shall be considered as taxable to the President.

salaries and expenses

    For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; including subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted for as provided in that section; hire of passenger motor vehicles, newspapers, periodicals, teletype news service, and travel (not to exceed $100,000 to be expended and accounted for as provided by 3 U.S.C. 103); not to exceed $19,000 for official entertainment expenses, to be available for allocation within the Executive Office of the President; $40,193,000: Provided, That $420,000 of the funds appropriated may not be obligated until the Director of the Office of Administration has submitted, and the Committees on Appropriations of the House and Senate have approved, a report that identifies, evaluates, and prioritizes all computer systems investments planned for fiscal year 1997, a milestone schedule for the development and implementation of all projects included in the systems investment plan, and a systems architecture plan.

Executive Residence at the White House

operating expenses

    For the care, maintenance, repair and alteration, refurnishing, improvement, heating and lighting, including electric power and fixtures, of the Executive Residence at the White House and official entertainment expenses of the President, $7,827,000, to be expended and accounted for as provided by 3 U.S.C. 105, 109-110, 112-114.

Special Assistance to the President and the Official Residence of the Vice President

salaries and expenses

    For necessary expenses to enable the Vice President to provide assistance to the President in connection with specially assigned functions, services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as authorized by 3 U.S.C. 106, which shall be expended and accounted for as provided in that section; and hire of passenger motor vehicles; $3,280,000: Provided, That $150,000 of the funds appropriated may not be obligated until the Director of the Office of Administration has submitted, and the Committees on Appropriations of the House and Senate have approved, a report that identifies, evaluates, and prioritizes all computer systems investments planned for fiscal year 1997, a milestone schedule for the development and implementation of all projects included in the systems investment plan, and a systems architecture plan.

operating expenses

    For the care, operation, refurnishing, improvement, heating and lighting, including electric power and fixtures, of the official residence of the Vice President, the hire of passenger motor vehicles, and not to exceed $90,000 for official entertainment expenses of the Vice President, to

be accounted for solely on his certificate; $324,000: Provided, That advances or repayments or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities: Provided further, That $8,000 of the funds appropriated may not be obligated until the Director of the Office of Administration has submitted for approval to the Committees on Appropriations of the House and Senate a report that identifies, evaluates, and prioritizes all computer systems investments planned for fiscal year 1997, a milestone schedule for the development and implementation of all projects included in the systems investment plan, and a systems architecture plan.

Council of Economic Advisers

salaries and expenses

    For necessary expenses of the Council in carrying out its functions under the Employment Act of 1946 (15 U.S.C. 1021), $3,439,000.

Office of Policy Development

salaries and expenses

    For necessary expenses of the Office of Policy Development, including services as authorized by 5 U.S.C. 3109, and 3 U.S.C. 107; $3,867,000: Provided, That $45,000 of the funds appropriated may not be obligated until the Director of the Office of Administration has submitted, and the Committees on Appropriations of the House and Senate have approved, a report that identifies, evaluates, and prioritizes all computer systems investments planned for fiscal year 1997, a milestone schedule for the development and implementation of all projects included in the systems investment plan, and a systems architecture plan.

National Security Council

salaries and expenses

    For necessary expenses of the National Security Council, including services as authorized by 5 U.S.C. 3109, $6,648,000: Provided, That $3,000 of the funds appropriated may not be obligated until the Director of the Office of Administration has submitted, and the Committees on Appropriations of the House and Senate have approved, a report that identifies, evaluates, and prioritizes all computer systems investments planned for fiscal year 1997, a milestone schedule for the development and implementation of all projects included in the systems investment plan, and a systems architecture plan.

Office of Administration

salaries and expenses

    For necessary expenses of the Office of Administration, $26,100,000, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of passenger motor vehicles: Provided, That $340,700 of the funds appropriated may not be obligated until the Director of the Office of Administration has submitted, and the Committees on Appropriations of the House and Senate have approved, a report that identifies, evaluates, and prioritizes all computer systems investments planned for fiscal year 1997, a milestone schedule for the development and implementation of all projects included in the systems investment plan, and a systems architecture plan.

Office of Management and Budget

salaries and expenses

    For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, $55,573,000, of which not to exceed $5,000,000 shall be available to carry out the provisions of 44 U.S.C. chapter 35: Provided, That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied only to the objects for which appropriations were made except as otherwise provided by law: Provided further, That none of the funds appropriated in this Act for the Office of Management and Budget may be used for the purpose of reviewing any agricultural marketing orders or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That none

of the funds made available for the Office of Management and Budget by this Act may be expended for the altering of the transcript of actual testimony of witnesses, except for testimony of officials of the Office of Management and Budget, before the House and Senate Committees on Appropriations or the House and Senate Committees on Veterans’ Affairs or their subcommittees: Provided further, That this proviso shall not apply to printed hearings released by the House and Senate Committees on Appropriations or the House and Senate Committees on Veterans’ Affairs.

Office of National Drug Control Policy

salaries and expenses

(INCLUDING TRANSFER OF FUNDS)

    For necessary expenses of the Office of National Drug Control Policy; for research activities pursuant to title I of Public Law 100-690; not to exceed $8,000 for official reception and representation expenses; and for participation in joint projects or in the provision of services on matters of mutual interest with nonprofit, research, or public organizations or agencies, with or without reimbursement; $35,838,000, of which $19,000,000 shall remain available until expended, consisting of $1,000,000 for policy research and evaluation and $18,000,000 for the Counter-Drug Technology Assessment Center for counternarcotics research and development projects of which $1,000,000 shall be obligated for state conferences on model state drug laws: Provided, That the $17,000,000 for the Counter-Drug Technology Assessment Center shall be available for transfer to other Federal departments or agencies: Provided further, That the Office is authorized to accept, hold, administer, and utilize gifts, both real and personal, for the purpose of aiding or facilitating the work of the Office: Provided further, That not before January 31, 1997, the Director of the Office of National Drug Control Policy shall transfer all balances in the Special Forfeiture Fund established by section 6073 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. Sec. 1509) to the Treasury Forfeiture Fund (31 U.S.C. 9703(a)).

Federal Drug Control Programs

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

    For necessary expenses of the Office of National Drug Control Policy’s High Intensity Drug Trafficking Areas Program, $127,102,000 for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas, of which $3,000,000 shall be used for a newly designated High Intensity Drug Trafficking Area in Lake County, Indiana; of which $6,000,000 shall be used for a newly designated High Intensity Drug Trafficking Area for the Gulf Coast States of Louisiana, Alabama, and Mississippi; of which $8,000,000 shall be used for a newly designated High Intensity Drug Trafficking Area dedicated to combating methamphetamine use, production and trafficking in a five State area including Iowa, Missouri, Nebraska, South Dakota, and Kansas; of which $3,000,000 shall be used for a newly designated High Intensity Drug Trafficking Area in the State of Colorado; of which $3,000,000 shall be used for a newly designated High Intensity Drug Trafficking Area in the Pacific Northwest; of the total amount appropriated, including transferred funds, no less than $71,000,000 shall be transferred to State and local entities for drug control activities, and up to $69,207,000 may be transferred to Federal agencies and departments at a rate to be determined by the Director: Provided, That the funds made available under this head shall be obligated within 90 days of the date of enactment of this Act.

    This title may be cited as the ‘Executive Office Appropriations Act, 1997’.

TITLE IV--INDEPENDENT AGENCIES

Committee for Purchase From People Who Are Blind or Severely Disabled

salaries and expenses

    For necessary expenses of the Committee for Purchase From People Who Are Blind or Severely Disabled established by the Act of June 23, 1971, Public Law 92-28; $1,800,000.

Federal Election Commission

salaries and expenses

    For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, as amended, $28,165,000, of which no less than $2,500,000 shall be available for internal automated data processing systems, and of which not to exceed $5,000 shall be available for reception and representation expenses.

Federal Labor Relations Authority

salaries and expenses

    For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109, including hire of experts and consultants, hire of passenger motor vehicles, rental of conference rooms in the District of Columbia and elsewhere; $21,588,000: Provided, That public members of the Federal Service Impasses Panel may be paid travel expenses and per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-Federal participants at labor-management relations conferences shall be credited to and merged with this account, to be available without further appropriation for the costs of carrying out these conferences.

General Services Administration

federal buildings fund

LIMITATIONS ON AVAILABILITY OF REVENUE

(INCLUDING TRANSFER OF FUNDS)

    For additional expenses necessary to carry out the purpose of the Fund established pursuant to section 210(f) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)), $400,544,000, to be deposited into said Fund. The revenues and collections deposited into the Fund shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, taxes, and any other obligations for public buildings acquired by installment purchase and purchase contract, in the aggregate amount of $5,555,544,000 of which (1) not to exceed $657,711,000 shall remain available until expended for construction of additional projects and at maximum construction improvement costs (including funds for sites and expenses and associated design and construction services) as follows:

    New Construction:

    California:

      Fresno, Federal Building and U.S. Courthouse, $6,595,000

    Colorado:

      Denver, Rogers Federal Building-U.S. Courthouse, $9,545,000

    District of Columbia:

      U.S. Courthouse Annex, $5,703,000

    Florida:

      Miami, U.S. Courthouse, $24,990,000

      Orlando, U.S. Courthouse, $9,514,000

    Kentucky:

      Covington, U.S. Courthouse, $17,134,000

      London, U.S. Courthouse, $13,732,000

    Montana:

      Babb, Piegan Border Station, $333,000

      Sweetgrass, Border Station, $1,059,000

    Nevada:

      Las Vegas, U.S. Courthouse, $83,719,000

    New York:

      Brooklyn, U.S. Courthouse, $169,000,000

    Ohio:

      Cleveland, U.S. Courthouse, $128,559,000

      Youngstown, U.S. Courthouse, $15,813,000

    Oregon:

      Portland, Consolidated Law Federal Office Building, $4,750,000

    Pennsylvania:

      Erie, U.S. Courthouse Annex, $3,300,000

      Philadelphia, DVA-Federal Complex, Phase II, $13,765,000

    South Carolina:

      Columbia, U.S. Courthouse Annex, $43,848,000

    Texas:

      Corpus Christi, U.S. Courthouse, $24,161,000

    Utah:

      Salt Lake City, Moss U.S. Courthouse Annex and Alteration, $11,474,000

    Washington:

      Blaine, U.S. Border Station, $13,978,000

      Oroville, U.S. Border Station, $1,452,000

      Seattle, U.S. Courthouse, $16,853,000

      Sumas, U.S. Border Station (Claim), $1,177,000

    Nationwide:

      Non-prospectus construction projects, $10,000,000

      Security Enhancements, $27,256,000:

    Provided, That each of the immediately foregoing limits of costs on new construction projects may be exceeded to the extent that savings are affected in other such projects, but not to exceed 10 percent unless advance approval is obtained from the House and Senate Committees on Appropriations of a greater amount: Provided further, That the cost of future U.S. Courthouse annex projects shall reflect savings through improving design efficiencies, curtailing planned interior finishes, requiring more efficient use of courtroom and library space, and by otherwise limiting space requirements: Providing further, That from funds available in the Federal Buildings Fund, $20,000,000 shall be available until expended for environmental clean up activities at the Southeast Federal Center in the District of Columbia and $81,000,000 shall be available until expended for design and construction activities at the Consolidated Law Federal Office Building in Portland, Oregon: Provided further, That from funds available for nonprospectus construction projects, $250,000 may be available until expended for the acquisition, lease, construction, and equipping of flexiplace work telecommuting centers in West Virginia: Provided further, That all funds for direct construction projects shall expire on September 30, 1999: (2) not to exceed $639,000,000 shall remain available until expended, for repairs and alterations which includes associated design and construction services: Provided further, That funds in the Federal Buildings Fund for Repairs and Alterations shall, for prospectus projects, be limited to the amount by project as follows, except each project may be increased by an amount not to exceed 10 per centum unless advance approval is obtained from the Committees on Appropriations of the House and Senate of a greater amount:

      Repairs and Alterations:

      District of Columbia:

      Ariel Rios Building, $62,740,000

      Justice Department, Phase 1 of 3, $50,000,000

      Lafayette Building, $5,166,000

      Hawaii:

      Honolulu, Prince Jonah Kuhio Kalanianaole Federal Building and U.S. Courthouse, $4,140,000

      Illinois:

      Chicago, Everett M. Dirksen Federal Building, $18,844,000

      Chicago, John C. Kluczynski, Jr. Federal Building (IRS), $13,414,000

      Louisiana:

      New Orleans, Customhouse, $3,500,000

    Maryland:

      Montgomery County, White Oak environmental cleanup activities, $10,000,000

      Massachusetts:

      Andover, IRS Regional Service Center, $812,000

      New Hampshire:

      Concord, J.C. Cleveland Federal Building, $8,251,000

      New Jersey:

      Camden, U.S. Post Office-Courthouse $11,096,000

      New York:

      Albany, James T. Foley Post Office-Courthouse, $3,880,000

      Brookhaven, IRS Service Center, $2,272,000

      New York, Jacob K. Javits Federal Building, $13,651,000

      Pennsylvania:

      Scranton, Federal Building-U.S. Courthouse, $10,610,000

      Rhode Island:

      Providence, Federal Building-U.S. Courthouse, $8,209,000

      Texas:

      Fort Worth, Federal Center, $11,259,000

      Nationwide:

      Chlorofluorocarbons Program, $23,456,000

      Elevator Program, $10,000,000

      Energy Program, $20,000,000

      Security Enhancements, various buildings, $2,700,000

      Basic Repairs and Alterations, $345,000,000:

    Provided further, That additional projects for which prospectuses have been fully approved may be funded under this category only if advance approval is obtained from the Committees on Appropriations of the House and Senate: Provided further, That the amounts provided in

this or any prior Act for Repairs and Alterations may be used to fund costs associated with implementing security improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance with the reprogramming guidelines of the appropriate Committees of the House and Senate: Provided further, That funds in the Federal Buildings Fund for Repairs and Alterations shall, for prospectus projects, be limited to the originally authorized amount, except each project may be increased by an amount not to exceed 10 percent when advance approval is obtained from the Committees on Appropriations of the House and Senate of a greater amount: Provided further, That the difference between the funds appropriated and expended on any projects in this or any prior Act, under the heading ‘Repairs and Alterations’, may be transferred to Basic Repairs and Alterations or used to fund authorized increases in prospectus projects: Provided further, That from funds made available for Basic Repairs and Alterations, $8,000,000 shall be made available for renovation of the Agricultural Research Service Laboratory in Ames, Iowa, which is currently occupied by the Animal and Plant Health Inspection Service: Provided further, That from funds made available for Basic Repairs and Alterations, $1,450,000 may be available for the renovation of the Pioneer Courthouse located at 520 SW Morrison, in Portland, Oregon: Provided further, That from funds made available for Basic Repairs and Alterations, $6,000,000 shall be used for necessary expenses associated with ongoing construction of the U.S. Courthouse in Montgomery, Alabama: Provided further, That from funds made available for Basic Repairs and Alterations, $100,000 shall be transferred to the National Park Service ‘Construction’ appropriation for restoration and maintenance of the multi-purpose field at Wallenberg Place in Washington, DC: Provided further, That all funds for repairs and alterations prospectus projects shall expire on September 30, 1999, and remain in the Federal Buildings Fund except funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date: Provided further, That the amount provided in this or any prior Act for Basic Repairs and Alterations may be used to pay claims against the Government arising from any projects under the heading ‘Repairs and Alterations’ or used to fund authorized increases in prospectus projects: Provided further, That $5,700,000 of the funds provided under this heading in Public Law 103-329, for the IRS Service Center, Holtsville, New York, shall be available until September 30, 1998; (3) not to exceed $173,075,000 for installment acquisition payments including payments on purchase contracts which shall remain available until expended: Provided further, That up to $1,500,000 shall be available for a design prospectus of the Federal Building and U.S. Courthouse located at 811 Grand Avenue in Kansas City, Missouri; (4) not to exceed $2,343,795,000 for rental of space which shall remain available until expended; and (5) not to exceed $1,552,651,000 for building operations which shall remain available until expended and of which $8,000,000 shall be transferred to the ‘Policy and Operations’ appropriation: Provided further, That funds available to the General Services Administration shall not be available for expenses in connection with any construction, repair, alteration, and acquisition project for which a prospectus, if required by the Public Buildings Act of 1959, as amended, has not been approved, except that necessary funds may be expended for each project for required expenses in connection with the development of a proposed prospectus: Provided further, That the Administrator of General Services shall, at the earliest practicable date, initiate discussions with the Smithsonian Institution on the feasibility of transferring Federal Building 10B located at 600 Independence Avenue, SW., Washington, D.C. to the Smithsonian Institution at such price and under such terms and conditions as determined appropriate by the Administrator and subject to the prior approval of the appropriate authorizing and appropriations committee of the Congress: Provided further, That funds provided in this Act under the heading ‘Security Enhancements, various buildings’ may be used, by project in accordance with an approved prospectus: Provided further, That the Administrator is authorized in fiscal year 1997 and thereafter, to

enter into and perform such leases, contracts, or other transactions with any agency or instrumentality of the United States, the several States, or the District of Columbia, or with any person, firm, association, or corporation, as may be necessary to implement the trade center plan at the Federal Triangle Project and is hereby granted all the rights and authorities of the former Pennsylvania Avenue Development Corporation (PADC) with regard to property transferred from the PADC to the General Services Administration in fiscal year 1996: Provided further, That notwithstanding any other provision of law, the Administrator of General Services is hereby authorized to use all funds transferred from the PADC or income earned on PADC properties for activities associated with carrying out the responsibilities of the PADC transferred to the Administrator of General Services and that any such income earned on or after April 1, 1996, shall be deposited to the Pennsylvania Avenue Activities account and shall remain available until expended: Provided further, That any funds or income as may be deemed by the Administrator as excess to the amount needed to fulfill the PADC responsibilities transferred to the Administrator of General Services, shall be applied to any outstanding debt, with the exception of debt associated with the Ronald Reagan Building and International Trade Center, incurred by the PADC in the course of acquiring real estate: Provided further, That with respect to real property transferred from the PADC to the General Services Administration pursuant to section 313 of Public Law 104-134, Title III, General Provisions, the Administrator of General Services is hereafter authorized and directed to make payments required by section 10(b) of the PADC Act of 1972, Public Law 92-578 in the same manner as previously paid by the PADC: Provided further, That for the purposes of this authorization, buildings constructed pursuant to the purchase contract authority of the Public Buildings Amendments of 1972 (40 U.S.C. 602a), buildings occupied pursuant to installment purchase contracts, and buildings under the control of another department or agency where alterations of such buildings are required in connection with the moving of such other department or agency from buildings then, or thereafter to be, under the control of the General Services Administration shall be considered to be federally owned buildings: Provided further, That funds available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations of the House and Senate: Provided further, That amounts necessary to provide reimbursable special services to other agencies under section 210(f)(6) of the Federal Property

and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)(6)) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, as amended, shall be available from such revenues and collections: Provided further, That revenues and collections and any other sums accruing to this Fund during fiscal year 1997, excluding reimbursements under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)(6)) in excess of $5,555,544,000 shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts.

POLICY AND OPERATIONS

    For expenses authorized by law, not otherwise provided for, for Government-wide policy and oversight activities associated with asset management activities; utilization and donation of surplus personal property; transportation management activities; procurement and supply management activities; Government-wide and internal responsibilities relating to automated data management, telecommunications, information resources management, and related technology activities; utilization survey, deed compliance inspection, appraisal, environmental and cultural analysis, and land use planning functions pertaining to excess and surplus real property; agency-wide policy direction; Board of Contract Appeals; accounting, records management, and other support services incident to adjudication of Indian Tribal Claims by the United States Court of Federal Claims; services as authorized by 5 U.S.C. 3109; and not to exceed $5,000 for official reception and representation expenses; $110,173,000.

office of inspector general

    For necessary expenses of the Office of Inspector General and services authorized by 5 U.S.C. 3109, $33,863,000: Provided, That not to exceed $5,000 shall be available for payment for information and detection of fraud against the Government, including payment for recovery of stolen Government property: Provided further, That not to exceed $2,500 shall be available for awards to employees of other Federal agencies and private citizens in recognition of efforts and initiatives resulting in enhanced Office of Inspector General effectiveness.

allowances and office staff for former presidents

    For carrying out the provisions of the Act of August 25, 1958, as amended (3 U.S.C. 102 note), and Public Law 95-138, $2,180,000: Provided, That the Administrator of General Services shall transfer to the Secretary of the Treasury such sums as may be necessary to carry out the provisions of such Acts.

expenses, presidential transition

    For expenses necessary to carry out the Presidential Transition Act of 1963, as amended (3 U.S.C. 102 note), $5,600,000.

general provisions--general services administration

    SECTION 401. The appropriate appropriation or fund available to the General Services Administration shall be credited with the cost of operation, protection, maintenance, upkeep, repair, and improvement, included as part of rentals received from Government corporations pursuant to law (40 U.S.C. 129).

    SEC. 402. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.

    SEC. 403. Funds in the Federal Buildings Fund made available for fiscal year 1997 for Federal Buildings Fund activities may be transferred between such activities only to the extent necessary to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House and Senate.

    SEC. 404. No funds made available by this Act shall be used to transmit a fiscal year 1998 request for United States Courthouse construction that does not meet the design guide standards for construction as established by the General Services Administration, the Judicial Conference of the United States, and the Office of Management and Budget and does not reflect the priorities of the Judicial Conference of the United States as set out in its approved 5-year construction plan: Provided, That the request must be accompanied by a standardized courtroom utilization study of each facility to be replaced or expanded.

    SEC. 405. None of the funds provided in this Act may be used to increase the amount of occupiable square feet, provide cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency which does not pay the requested rate per square foot assessment for space and services as determined by the General Services Administration in compliance with the Public Buildings Amendments Act of 1972 (Public Law 92-313).

    SEC. 406. The Administrator of the General Services is directed to ensure that the materials used for the facade on the United States Courthouse Annex, Savannah, Georgia project are compatible with the existing Savannah Federal Building-U.S. Courthouse fascade, in order to ensure compatibility of this new facility with the Savannah historic district and to ensure that the Annex will not endanger the National Landmark status of the Savannah historic district.

    SEC. 407. (a) Section 210 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490) is amended by adding at the end the following new subsection:

    ‘(l)(1) The Administrator may establish, acquire space for, and equip flexiplace work telecommuting centers (in this subsection referred to as ‘telecommuting centers’) for use by employees of Federal agencies, State and local governments, and the private sector in accordance with this subsection.

    ‘(2) The Administrator may make any telecommuting center available for use by individuals who are not Federal employees to the extent the center is not being fully utilized by Federal employees. The Administrator shall give Federal employees priority in using the telecommuting centers.

    ‘(3)(A) The Administrator shall charge user fees for the use of any telecommuting center. The amount of the user fee shall approximate commercial charges for comparable space and services except that in no instance shall such fee be less than that necessary to pay the cost of establishing and operating the center, including the reasonable cost of renovation and replacement of furniture, fixtures, and equipment.

    ‘(B) Amounts received by the Administrator after September 30, 1993, as user fees for use of any telecommuting center may be deposited into the Fund established under subsection (f) of this section and may be used by the Administrator to pay costs incurred in the establishment and operation of the center.

    ‘(4) The Administrator may provide guidance, assistance, and oversight to any person regarding establishment and operation of alternative workplace arrangements, such as telecommuting, hoteling, virtual offices, and other distributive work arrangements.

    ‘(5) In considering whether to acquire any space, quarters, buildings, or other facilities for use by employees of any executive agency, the head of that agency shall consider whether the need for the facilities can be met using alternative workplace arrangements referred to in paragraph (4).’.

    (b) Section 13 of the Public Building Act of 1959, as amended, (107 Stat. 438; 40 U.S.C. 612) is amended--

      (1) by striking ‘(xi)’ and inserting in lieu thereof ‘(xii)’; and

      (2) by striking ‘and (x)’ and inserting in lieu thereof ‘(x) telecommuting centers and (xi)’.

    SEC. 408. Notwithstanding any other provision of law, the Administrator of General Services is authorized and directed to acquire the land bounded by S.W. First Avenue, S.W. Second Avenue, S.W. Main Street, and S.W. Madison Street, Portland, Oregon, for the purposes of constructing the proposed Law Enforcement Center on the site.

    SEC. 409. Section 2815 of Public Law 103-160, relating to the conveyance of real property at the Iowa Army Ammunition Plant, is amended--

      (1) in subsection (a), by striking ‘may convey to’ and inserting ‘shall convey, without reimbursement and if requested by,’; and

      (2) by striking subsection (b) and inserting the following new subsection:

    ‘(b) USE OF WATER AND SEWER LINES- As part of the conveyance under subsection (a), the Secretary shall permit the City to use existing water and sewer lines and sewage system at the Iowa Army Ammunition Plant for a three-year period beginning on the date of the conveyance.’.

    SEC. 410. (a) CONVEYANCE OF LAND-

      (1) ADMINISTRATOR OF GENERAL SERVICES- Subject to subsections (b) and (c), the Administrator of General Services (hereinafter in this section referred to as the ‘Administrator’) shall convey, without compensation, to a nonprofit organization known as the ‘Beaver County Corporation for Economic Development’ all right, title, and interest of the United States in and to those pieces or parcels of land in Hopewell Township, Pennsylvania, described in subsection (b), together with all improvements thereon and appurtenances thereto. The purpose of the conveyance is to provide a site for economic development in Hopewell Township.

      (2) PROPERTY DESCRIPTION- The land referred to in paragraph (1) is the parcel of land in the township of Hopewell, county of Beaver, Pennsylvania, bounded and described as follows:

        (A) Beginning at the southwest corner at a point common to Lot No. 1, same plan, lands now or formerly of Frank and Catherine Wutter, and the easterly right-of-way line of Pennsylvania Legislative Route No. 60 (Beaver Valley Expressway); thence proceeding by the easterly right-of-way of Pennsylvania Legislative Route No. 60 by the following three courses and distances:

          (i) North 17 degrees, 14 minutes, 20 seconds West, 213.10 feet to a point.

          (ii) North 72 degrees, 45 minutes, 40 seconds East, 30.00 feet to a point.

          (iii) North 17 degrees, 14 minutes, 20 seconds West, 252.91 feet to a point; on a line dividing Lot No. 1 from the other part of Lot No. 1, said part now called Lot No. 5, same plan; thence by last mentioned dividing line, North 78 degrees, 00 minutes, 00 seconds East; 135.58 feet to a point, a cul-de-sac on Industrial Drive; thence by said cul-de-sac and the southerly side of Industrial Drive by the following courses and distances:

            (I) By a curve to the right having a radius of 100.00 feet for an arc distance of 243.401 feet to a point.

            (II) Thence by a curve to the right having a radius of 100.00 feet for an arc distance of 86.321 feet to a point.

            (III) Thence by 78 degrees, 00 minutes, 00 seconds East, 777.78 feet to a point.

            (IV) Thence, North 12 degrees, 00 minutes, 00 seconds West, 74.71 feet to a point.

            (V) Thence by a curve to the right, having a radius of 50.00 feet for an arc distance of 78.54 feet to a point.

            (VI) Thence North 78 degrees, 00 minutes, 00 seconds East, 81.24 feet to a point.

            (VII) Thence by a curve to the right, having a radius of 415.00 feet for an arc distance of 140.64 feet to a point.

            (VIII) Thence, South 82 degrees, 35 minutes, 01 second East, 125.00 feet to a point.

            (IX) Thence, South 7 degrees, 24 minutes, 59 seconds West, 5.00 feet to a point.

            (X) Thence by a curve to the right, having a radius of 320.00 feet for an arc distance of 256.85 feet to a point.

            (XI) Thence by a curve to the right having a radius of 50.00 feet for an arc distance of 44.18 feet to a point on the northerly side of Airport Road.

        (B) Thence by the northerly side thereof by the following:

          (i) South 14 degrees, 01 minutes, 54 seconds, West, 56.94 feet to a point.

          (ii) Thence by a curve to the right having a radius of 225.00 feet for an arc distance of 207.989 feet to a point.

          (iii) Thence South 66 degrees, 59 minutes, 45 seconds West, 192.08 feet to a point on the southern boundary of Lot No. 1, which line is also the line dividing Lot No. 1 from lands now or formerly, of Frank and Catherine Wutter.

        (C) Thence by the same, South 75 degrees, 01 minutes, 00 seconds West, 1,351.23 feet to a point at the place of beginning.

      (3) DATE OF CONVEYANCE- The date of the conveyance of property required under paragraph (1) shall be not later than the 90th day following the date of the enactment of this Act.

      (4) CONVEYANCE TERMS-

        (A) TERMS AND CONDITIONS- The conveyance of property required under paragraph (1) shall be subject to such terms and conditions as may be determined by the Administrator to be necessary to safeguard the interests of the United States. Such terms and conditions shall be consistent with the terms and conditions set forth in this section.

        (B) QUITCLAIM DEED- The conveyance of property required under paragraph (1) shall be by quitclaim deed.

    (b) LIMITATION ON CONVEYANCE- No part of any land conveyed under subsection (a) may be used, during the 30-year period beginning on the date of conveyance for any purpose other than economic development.

    (c) REVERSIONARY INTEREST-

      (1) IN GENERAL- The property conveyed under subsection (a) shall revert to the United States on any date in the 30-year period beginning on the date of such conveyance on which the property is used for a purpose other than economic development.

      (2) ENFORCING REVERSION- The Administrator shall perform all acts necessary to enforce any reversion of property to the United States under this subsection.

      (3) INVENTORY OF PUBLIC BUILDINGS SERVICE- Property that reverts to the United States under this subsection shall be under the control of the General Services Administration.

    SEC. 411. Notwithstanding any other provision of law, the land contained in block 111 in the Federal District, Denver, Colorado, obtained pursuant to paragraphs (6) and (7) of section 12 of Public Law 94-204 (43 U.S.C. 1611 note) shall not be subject to condemnation by any agency or instrumentality of the Federal Government, without the consent of the owner of that land.

John F. Kennedy Assassination Records Review Board

    For necessary expenses to carry out the John F. Kennedy Assassination Records Collection Act of 1992, $2,150,000.

Merit Systems Protection Board

salaries and expenses

(INCLUDING TRANSFER OF FUNDS)

    For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and direct procurement of survey printing, $23,923,000, together with not to exceed $2,430,000 for administrative expenses to adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit Systems Protection Board.

National Archives and Records Administration

OPERATING EXPENSES

    For necessary expenses in connection with the administration of the National Archives (including the Information Security Oversight Office) and records and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, and for the hire of passenger motor vehicles, $196,963,000: Provided, That the Archivist of the United States is authorized to use any excess funds available from the amount borrowed for construction of the National Archives facility, for expenses necessary to move into the facility.

ARCHIVES FACILITIES AND PRESIDENTIAL LIBRARIES

repairs and restoration

    For the repair, alteration, and improvement of archives facilities and presidential libraries, and to provide adequate storage for holdings, $16,229,000 to remain available until expended.

national historical publications and records commission

GRANTS PROGRAM

    For necessary expenses for allocations and grants for historical publications and records as authorized by 44

U.S.C. 2504, as amended, $5,000,000 to remain available until expended.

Office of Government Ethics

salaries and expenses

    For necessary expenses to carry out functions of the Office of Government Ethics pursuant to the Ethics in Government Act of 1978, as amended by Public Law 100-598, and the Ethics Reform Act of 1989, Public Law 101-194, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 for official reception and representation expenses; $8,078,000.

Office of Personnel Management

salaries and expenses

(INCLUDING TRANSFER OF TRUST FUNDS)

    For necessary expenses to carry out functions of the Office of Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; advances for reimbursements to applicable funds of the Office of Personnel Management and the Federal Bureau of Investigation for expenses incurred under Executive Order 10422 of January 9, 1953, as amended; and payment of per diem and/or subsistence allowances to employees where Voting Rights Act activities require an employee to remain overnight at his or her post of duty; $87,076,000, of which not to exceed $1,000,000 shall be available for the establishment of health promotion and disease prevention programs for Federal employees; and in addition $94,736,000 for administrative expenses, to be transferred from the appropriate trust funds of the Office of Personnel Management without regard to other statutes, including direct procurement of printing materials for annuitants, for the retirement and insurance programs, of which $3,500,000 shall be transferred at such times as the Office of Personnel Management deems appropriate, and shall remain available until expended for the costs of automating the retirement recordkeeping systems, together with remaining amounts authorized in previous Acts for the recordkeeping systems: Provided, That the provisions of this appropriation shall not affect the authority to use applicable trust funds as provided by section 8348(a)(1)(B) of title 5, United States Code: Provided further, That, except as may be consistent with 5 U.S.C. 8902a(f)(1) and (i), no payment may be made from the Employees Health Benefits Fund to any physician, hospital, or other provider of health care services or supplies who is, at the time such services or supplies are provided to an individual covered under chapter 89 of title 5, United States Code, excluded, pursuant to section 1128 or 1128A of the Social Security Act (42 U.S.C. 1320a-7-1320a-7a), from participation in any program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.): Provided further, That no part of this appropriation shall be available for salaries and expenses of the Legal Examining Unit of the Office of Personnel Management established pursuant to Executive Order 9358 of July 1, 1943, or any successor unit of like purpose: Provided further, That the President’s Commission on White House Fellows, established by Executive Order 11183 of October 3, 1964, may, during the fiscal year ending September 30, 1997, accept donations of money, property, and personal services in connection with the development of a publicity brochure to provide information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such Commission.

GENERAL PROVISIONS--OFFICE OF PERSONNEL MANAGEMENT

    SEC. 421. The first sentence of section 1304(e)(1) of title 5, United States Code, is amended by inserting after ‘basis’ the following ‘, including personnel management services performed at the request of individual agencies (which would otherwise be the responsibility of such agencies), or at the request of nonappropriated fund instrumentalities’.

    SEC. 422. Paragraph (1) of section 8906(e) of title 5, United States Code, is amended--

      (1) by striking the last sentence of that paragraph and redesignating the remainder of that paragraph as (1)(A);

      (2) by adding at the end of paragraph (1)(A) (as so designated) the following:

      ‘(B) During each pay period in which an enrollment continues under subparagraph (A)--

        ‘(i) employee and Government contributions required by this section shall be paid on a current basis; and

        ‘(ii) if necessary, the head of the employing agency shall approve advance payment, recoverable in the same manner as under section 5524a(c), of a portion of basic pay sufficient to pay current employee contributions.

      ‘(C) Each agency shall establish procedures for accepting direct payments of employee contributions for the purposes of this paragraph.’.

office of inspector general

salaries and expenses

(INCLUDING TRANSFER OF TRUST FUNDS)

    For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act, as amended, including services as authorized by 5 U.S.C. 3109, hire of passenger motor vehicles, $960,000; and in addition, not to exceed $8,645,000 for administrative expenses to audit the Office of Personnel Management’s retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General: Provided, That the Inspector General is authorized to rent conference rooms in the District of Columbia and elsewhere.

government payment for annuitants, employees health benefits

    For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States Code, and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as amended, such sums as may be necessary.

government payment for annuitants, employee life insurance

    For payment of Government contributions with respect to employees retiring after December 31, 1989, as required by chapter 87 of title 5, United States Code, such sums as may be necessary.

payment to civil service retirement and disability fund

    For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized by 5 U.S.C. 8348, and annuities under special Acts to be credited to the Civil Service Retirement and Disability Fund, such sums as may be necessary: Provided, That annuities authorized by the Act of May 29, 1944, as amended, and the Act of August 19, 1950, as amended (33 U.S.C. 771-75), may hereafter be paid out of the Civil Service Retirement and Disability Fund.

Office of Special Counsel

salaries and expenses

    For necessary expenses to carry out functions of the Office of Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower Protection Act of 1989 (Public Law 101-12), Public Law 103-424, and the Uniformed Services Employment and Reemployment Act of 1994 (Public Law 103-353), including services as authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire of passenger motor vehicles; $8,116,000.

United States Tax Court

salaries and expenses

    For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109, $33,781,000: Provided, That travel expenses of the judges shall be paid upon the written certificate of the judge.

    This title may be cited as the ‘Independent Agencies Appropriations Act, 1997’.

TITLE V--GENERAL PROVISIONS

This Act

    SECTION 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

    SEC. 502. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

    Sec. 503. Section 5131 of title 31, United States Code, is amended--

      (1) by striking subsection (c); and

      (2) by redesignating subsection (d) as subsection (c).

    SEC. 504. None of the funds made available by this Act shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930.

    SEC. 505. None of the funds made available by this Act shall be available for the purpose of transferring control over the Federal Law Enforcement Training Center located at Glynco, Georgia, and Artesia, New Mexico, out of the Treasury Department.

    SEC. 506. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress.

    SEC. 507. No part of any appropriation contained in this Act shall be available for the payment of the salary of any officer or employee of the United States Postal Service, who--

      (1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any officer or employee of the United States Postal Service from having any direct oral or written communication or contact with any Member or committee of Congress in connection with any matter pertaining to the employment of such officer or employee or pertaining to the United States Postal Service in any way, irrespective of whether such communication or contact is at the initiative of such officer or employee or in response to the request or inquiry of such Member or committee; or

      (2) removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance of efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any officer or employee of the United States Postal Service, or attempts or threatens to commit any of the foregoing actions with respect to such officer or employee, by reason of any communication or contact of such officer or employee with any Member or committee of Congress as described in paragraph (1).

    SEC. 508. The Office of Personnel Management may, during the fiscal year ending September 30, 1997, accept donations of supplies, services, land, and equipment for the Federal Executive Institute and Management Development Centers to assist in enhancing the quality of Federal management.

    SEC. 509. The United States Secret Service may, during the fiscal year ending September 30, 1997, and hereafter, accept donations of money to off-set costs incurred while protecting former Presidents and spouses of former Presidents when the former President or spouse travels for the purpose of making an appearance or speech for a payment of money or any thing of value.

    SEC. 510. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service and has within 90 days after his release from such service or from hospitalization continuing after discharge for a period of not more than 1 year made application for restoration to his former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position and has not been restored thereto.

    SEC. 511. None of the funds made available in this Act may be used to provide any non-public information such as mailing or telephone lists to any person or any organization outside of the Federal Government without the approval of the House and Senate Committees on Appropriations.

    SEC. 512. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ‘Buy American Act’).

    SEC. 513. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS- In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act, it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products.

    (b) NOTICE TO RECIPIENTS OF ASSISTANCE- In providing financial assistance under this Act, the Secretary of the Treasury shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress.

    SEC. 514. If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘Made in America’ inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures described in section 9.400 through 9.409 of title 48, Code of Federal Regulations.

    SEC. 515. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 1997 from appropriations made available for salaries and expenses for fiscal year 1997 in this Act, shall remain available through September 30, 1998, for each such account for the purposes authorized: Provided, That a request shall be submitted to the House and Senate Committees on Appropriations for approval prior to the expenditure of such funds.

    SEC. 516. Where appropriations in this Act are expendable for travel expenses of employees and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amount set forth in the budget estimates submitted for appropriations without the advance approval of the House and Senate Committees on Appropriations: Provided, That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards in the Selective Service System; to travel performed directly in connection with care and treatment of medical beneficiaries of the Department of Veterans Affairs; to travel of the Office of Personnel Management in carrying out its observation responsibilities of the Voting Rights Act; or to payments to interagency motor pools separately set forth in the budget schedules: Provided further, That this provision does not apply to accounts that do not contain an object identification for travel.

    SEC. 517. Notwithstanding any other provision of law or regulation during the fiscal year ending September 30, 1997, and thereafter:

      (1) The authority of the special police officers of the Bureau of Engraving and Printing, in the Washington, DC Metropolitan area, extends to buildings and land under the custody and control of the Bureau; to buildings and land acquired by or for the Bureau through lease, unless otherwise provided by the acquisition agency; to the streets, sidewalks and open areas immediately adjacent to the Bureau along Wallenberg Place (15th Street) and 14th Street between Independence and Maine Avenues and C and D Streets between 12th and 14th Streets; to areas which include surrounding parking facilities used by Bureau employees, including the lots at 12th and C Streets, SW, Maine Avenue and Water Streets, SW, Maiden Lane, the Tidal Basin and East Potomac Park; to the protection in transit of United States securities, plates and dies used in the production of United States securities, or other products or implements of the Bureau of Engraving and Printing which the Director of that agency so designates.

      (2) The authority of the special police officers of the United States Mint extends to the buildings and land under the custody and control of the Mint; to the streets, sidewalks and open areas in the vicinity to such facilities; to surrounding parking facilities used by Mint employees; and to the protection in transit of bullion, coins, dies, and other property and assets of, or in the custody of, the Mint.

      (3) The exercise of police authority by Bureau or Mint officers, with the exception of the exercise of authority upon property under the custody and control of the Bureau or the Mint, respectively, shall be deemed supplementary to the Federal police force with primary jurisdictional responsibility. This authority shall be in addition to any other law enforcement authority which has been provided to these officers under other provisions of law or regulations.

    SEC. 518. No funds appropriated by this Act shall be available to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal employees health benefit program which provides any benefits or coverage for abortions.

    SEC. 519. The provision of section 518 shall not apply where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest.

    SEC. 520. No part of any appropriation made available in this Act shall be used to implement Bureau of Alcohol, Tobacco and Firearms Ruling TD ATF-360; Re: Notice Nos. 782, 780, 91F009P.

    SEC. 521. Notwithstanding title 5, United States Code, Personal Service Contractors (PSC) employed by the Department of the Treasury shall be considered as Federal Government employees for purposes of making available Federal employee health and life insurance.

    SEC. 523. Section 5112(i)(4) of title 31, United States Code, is amended by adding at the end the following new subparagraph:

    ‘(C) The Secretary may continue to mint and issue coins in accordance with the specifications contained in paragraphs (7), (8), (9), and (10) of subsection (a) and paragraph (1)(A) of this subsection at the same time the Secretary in minting and issuing other bullion and proof gold coins under this subsection in accordance with such program procedures and coin specifications, designs, varieties, quantities, denominations, and inscriptions as the Secretary, in the Secretary’s discretion, may prescribe from time to time.’: Provided, That profits generated from the sale of gold to the United States Mint for this program shall be considered as a receipt to be deposited into the General Fund of the Treasury.

    SEC. 524. Section 5112 of title 31, United States Code, is amended by adding at the end the following new subsection:

    ‘(k) The Secretary may mint and issue bullion and proof platinum coins in accordance with such specifications, designs, varieties, quantities, denominations, and inscriptions as the Secretary, in the Secretary’s discretion, may prescribe from time to time: Provided, That the Secretary is authorized to use Government platinum reserves stockpiled at the United States Mint as working inventory and shall ensure that reserves utilized are replaced by the Mint.’.

    SEC. 525. VOLUNTARY SEPARATION INCENTIVE PAYMENTS- (a) DEFINITIONS- For the purposes of this section--

      (1) the term ‘agency’ means the Internal Revenue Service, the Bureau of Alcohol, Tobacco and Firearms, the United States Customs Service, the General Services Administration, the Merit Systems Protection Board and the Bureau of Engraving and Printing;

      (2) the term ‘employee’ means an employee (as defined by section 2105 of title 5, United States Code) who is employed by an agency, is serving under an appointment without time limitation, and has been currently employed for a continuous period of at least 12 months, but does not include--

        (A) an employee who, upon separation and application, would be eligible for an immediate annuity under subchapter III of chapter 83 or chapter 84 of title 5, United States Code (or another retirement system for employees of the agency), other than an annuity subject to a reduction under section 8339(h) or 8415(f) of such title (or corresponding provisions of another retirement system for employees of the agency);

        (B) a reemployed annuitant under the applicable retirement system referred to in subparagraph (A);

        (C) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in subparagraph (A);

        (D) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance;

        (E) an employee who, upon completing an additional period of service, as referred to in subsection (b)(2)(B)(ii) of section 3 of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597 note), would qualify for a voluntary separation incentive payment under such section;

        (F) an employee who has previously received any voluntary separation incentive payment from the Government of the United States under this section or any other authority and has not repaid such payment;

        (G) an employee covered by statutory reemployment rights who is on transfer to another organization; or

        (H) any employee who--(i) during the twenty four month period preceding the date of separation, has received a recruitment or relocation bonus under section 5753 of title 5, United States Code or; (ii) during the twelve month period preceding the date of separation, has received a retention allowance under section 5754 of title 5, United States Code.

    (b) AGENCY STRATEGIC PLAN-

      (1) IN GENERAL- Before obligating any resources for voluntary separation incentive payments under this section, the head of the agency concerned shall submit to the House and Senate Committees on Appropriations and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives a strategic plan outlining the intended use of such incentive payments and a proposed organizational chart for the agency once such incentive payments have been completed.

      (2) CONTENTS- The agency’s plan shall include--

        (A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level;

        (B) the number and amounts of voluntary separation incentive payments to be offered; and

        (C) a description of how the agency will operate without the positions and functions to be reduced or eliminated.

    (c) AUTHORITY TO PROVIDE VOLUNTARY SEPARATION INCENTIVE PAYMENTS-

      (1) IN GENERAL- A voluntary separation incentive payment under this section may be paid by an agency to employees only to the extent necessary

to eliminate the positions and functions identified by the strategic plan.

      (2) AMOUNT AND TREATMENT OF PAYMENTS- A voluntary separation incentive payment under this section--

        (A) shall be paid in a lump sum after the employee’s separation;

        (B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees;

        (C) shall be equal to the amount determined by the agency head, except that such amount may not exceed the lesser of--

          (i) the amount the employee would be entitled to receive under subsection (c) of section 5595 of title 5, United States Code, if the employee were entitled to severance pay under such section; or

          (ii) $25,000;

        (D) may not be made except in the case of any employee who voluntarily separates (whether by retirement or resignation) on or before September 30, 1997;

        (E) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and

        (F) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595 of title 5, United States Code, based on any other separation.

    (d) Additional Agency Contributions to the Retirement Fund-

      (1) IN GENERAL- In addition to any other payments which it is required to make under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, an agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the agency who is covered under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, to whom a voluntary separation incentive payment has been paid under this section.

      (2) DEFINITION- For the purpose of paragraph (1), the term ‘final basic pay’, with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee’s final rate

of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor.

    (e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT- An individual who has received a voluntary separation incentive payment under this section and accepts any employment for compensation with the Government of the United States, or who works for any agency of the United States Government through a personal services contract, within 5 years after the date of the separation on which the payment is based shall be required to repay to the agency that paid the incentive payment, before such individual commences such employment or work, the entire amount of the incentive payment.

    (f) REDUCTION OF AGENCY EMPLOYMENT LEVELS-

      (1) IN GENERAL- The total number of funded employee positions in the agency shall be reduced by one full-time position (or the equivalent) for each vacancy created by the separation of any employee who has received, or is due to receive, a voluntary separation incentive payment under this section.

      (2) ENFORCEMENT- The President, through the Office of Management and Budget, shall monitor compliance with this subsection and shall take any action necessary to ensure that the requirements of this subsection are met.

    (g) EFFECTIVE DATE- This section shall take effect October 1, 1996.

    SEC. 526. (a) REIMBURSEMENT OF CERTAIN ATTORNEY FEES AND COSTS-

      (1) IN GENERAL- The Secretary of the Treasury shall pay from amounts appropriated in title I of this Act under the heading, ‘Departmental Offices, Salaries and Expenses’, up to $500,000 to reimburse former employees of the White House Travel Office whose employment in that Office was terminated on May 19, 1993, for any attorney fees and costs they incurred with respect to that termination.

      (2) VERIFICATION REQUIRED- The Secretary shall pay an individual in full under paragraph (1) upon submission by the individual of documentation verifying the attorney fees and costs.

      (3) NO INFERENCE OF LIABILITY- Liability of the United States shall not be inferred from enactment of or payment under this subsection.

    (b) LIMITATION ON FILING OF CLAIMS- The Secretary of the Treasury shall not pay any claim filed under this section that is filed later than 120 days after the date of the enactment of this Act.

    (c) LIMITATION- Payments under subsection (a) shall not include attorney fees or costs incurred with respect to any Congressional hearing or investigation into the termination of employment of the former employees of the White House Travel Office.

    (d) REDUCTION- The amount paid pursuant to this section to an individual for attorney fees and costs described in subsection (a) shall be reduced by any amount received before the date of the enactment of this Act, without obligation for repayment by the individual, for payment of such attorney fees and costs (including any amount received from the funds appropriated for the individual in the matter relating to the ‘Office of the General Counsel’ under the heading ‘Office of the Secretary’ in title I of the Department of Transportation and Related Agencies Appropriations Act, 1994).

    (e) PAYMENT IN FULL SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES- Payment under this section, when accepted by an individual described in subsection (a), shall be in full satisfaction of all claims of, or on behalf of, the individual against the United States that arose out of the termination of the White House Travel Office employment of that individual on May 19, 1993.

    SEC. 527. None of the funds made available in this Act may be used by the Executive Office of the President to request from the Federal Bureau of Investigation any official background investigation report on any individual, except when it is made known to the Federal official having authority to obligate or expend such funds that--

      (1) such individual has given his or her express written consent for such request not more than 6 months prior to the date of such request and during the same presidential administration; or

      (2) such request is required due to extraordinary circumstances involving national security.

    SEC. 528. (a) CLOSING OF ALLEY- The alley bisecting the property on which a facility is being constructed for use by the United States Government at 930 H Street, N.W., Washington, District of Columbia, is closed to the public, without regard to any contingencies.

    (b) JURISDICTION- The Administrator of General Services shall have administrative jurisdiction over, and shall hold title on behalf of the United States in, the alley, property, and facility referred to in subsection (a).

    SEC. 529. (a) COMMEMORATIVE COIN PROGRAM RESTRICTIONS- Section 5112 of title 31, United States Code, as amended by sections 524 and 530 of this Act, is amended by adding at the end the following new subsection:

    ‘(m) COMMEMORATIVE COIN PROGRAM RESTRICTIONS-

      ‘(1) MAXIMUM NUMBER- Beginning January 1, 1999, the Secretary may mint and issue commemorative coins under this section during any calendar year with respect to not more than 2 commemorative coin programs.

      ‘(2) MINTAGE LEVELS-

        ‘(A) IN GENERAL- Except as provided in subparagraph (B), in carrying out any commemorative coin program, the Secretary shall mint--

          ‘(i) not more than 750,000 clad half-dollar coins;

          ‘(ii) not more than 500,000 silver one-dollar coins; and

          ‘(iii) not more than 100,000 gold five-dollar or ten-dollar coins.

        ‘(B) EXCEPTION- If the Secretary determines, based on independent, market-based research conducted by a designated recipient organization of a commemorative coin program, that the mintage levels described in subparagraph (A) are not adequate to meet public demand for that commemorative coin, the Secretary may waive one or more of the requirements of subparagraph (A) with respect to that commemorative coin program.

        ‘(C) DESIGNATED RECIPIENT ORGANIZATION DEFINED- For purposes of this paragraph, the term ‘designated recipient organization’ means any organization designated, under any provision of law, as the recipient of any surcharge imposed on the sale of any numismatic item.’.

    (b) RECOVERY OF MINT EXPENSES REQUIRED BEFORE PAYMENT OF SURCHARGES TO ANY RECIPIENT ORGANIZATION-

      (1) CLARIFICATION OF LAW RELATING TO DEPOSIT OF SURCHARGES IN THE NUMISMATIC PUBLIC ENTERPRISE FUND- Section 5134(c)(2) of title 31, United States Code, is amended by inserting ‘, including amounts attributable to any surcharge imposed with respect to the sale of any numismatic item’ before the period.

      (2) CONDITIONS ON PAYMENT OF SURCHARGES TO RECIPIENT ORGANIZATIONS- Section 5134 of title 31, United States Code, is amended by adding at the end the following new subsection:

    ‘(f) CONDITIONS ON PAYMENT OF SURCHARGES TO RECIPIENT ORGANIZATIONS-

      ‘(1) PAYMENT OF SURCHARGES- Notwithstanding any other provision of law, no amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item shall be paid from the fund to any designated recipient organization unless--

        ‘(A) all numismatic operation and program costs allocable to the program under which such numismatic item is produced and sold have been recovered; and

        ‘(B) the designated recipient organization submits an audited financial statement that demonstrates to the satisfaction of the Secretary of the Treasury that, with respect to all projects or purposes for which the proceeds of such surcharge may be used, the organization has raised funds from private sources for such projects and purposes in an amount that is equal to or greater than the maximum amount the organization may receive from the proceeds of such surcharge.

      ‘(2) ANNUAL AUDITS-

        ‘(A) ANNUAL AUDITS OF RECIPIENTS REQUIRED- Each designated recipient organization that receives any payment from the fund of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item shall provide, as a condition for receiving any such amount, for an annual audit, in accordance with generally accepted government auditing standards by an independent public accountant selected by the organization, of all such payments to the organization beginning in the first fiscal year of the organization in which any such amount is received and continuing until all amounts received by such organization from the fund with respect to such surcharges are fully expended or placed in trust.

        ‘(B) MINIMUM REQUIREMENTS FOR ANNUAL AUDITS- At a minimum, each audit of a designated recipient organization pursuant to subparagraph (A) shall report--

          ‘(i) the amount of payments received by the designated recipient organization from the fund during the fiscal year of the organization for which the audit is conducted that are derived from the proceeds of any surcharge imposed on the sale of any numismatic item;

          ‘(ii) the amount expended by the designated recipient organization from the proceeds of such surcharges during the fiscal year of the organization for which the audit is conducted; and

          ‘(iii) whether all expenditures by the designated recipient organization during the fiscal year of the organization for which the audit is conducted from the proceeds of such surcharges were for authorized purposes.

        ‘(C) RESPONSIBILITY OF ORGANIZATION TO ACCOUNT FOR EXPENDITURES OF SURCHARGES- Each designated recipient organization that receives any payment from the fund of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item shall take appropriate steps, as a condition for receiving any such payment, to ensure that the receipt of the payment and the expenditure of the proceeds of such surcharge by the organization in each fiscal year of the organization can be accounted for separately from all other revenues and expenditures of the organization.

        ‘(D) SUBMISSION OF AUDIT REPORT- Not later than 90 days after the end of any fiscal year of a designated recipient organization for which an audit is required under subparagraph (A), the organization shall--

          ‘(i) submit a copy of the report to the Secretary of the Treasury; and

          ‘(ii) make a copy of the report available to the public.

        ‘(E) USE OF SURCHARGES FOR AUDITS- Any designated recipient organization that receives any payment from the fund of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item may use the amount received to pay the cost of an audit required under subparagraph (A).

        ‘(F) WAIVER OF PARAGRAPH- The Secretary of the Treasury may waive the application of any subparagraph of this paragraph to any designated recipient organization for any fiscal year after taking into account the amount of surcharges that such organization received or expended during such year.

        ‘(G) NONAPPLICABILITY TO FEDERAL ENTITIES- This paragraph shall not apply to any Federal agency or department or any independent establishment in the executive branch that receives any payment from the fund of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item.

        ‘(H) AVAILABILITY OF BOOKS AND RECORDS- An organization that receives any payment from the fund of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item shall provide, as a condition for receiving any such payment, to the Inspector General of the Department of the Treasury or the Comptroller General of the United States, upon the request of such Inspector General or the Comptroller General, all books, records, and work papers belonging to or used by the organization, or by any independent public accountant who audited the organization in accordance with subparagraph (A), which may relate to the receipt or expenditure of any such amount by the organization.

      ‘(3) USE OF AGENTS OR ATTORNEYS TO INFLUENCE COMMEMORATIVE COIN LEGISLATION- No portion of any payment from the fund to any designated recipient organization of any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item may be used, directly or indirectly, by the organization to compensate any agent or attorney for services rendered to support or influence in any way legislative action of the Congress relating to such numismatic item.

      ‘(4) DESIGNATED RECIPIENT ORGANIZATION DEFINED- For purposes of this subsection, the term ‘designated recipient organization’ means any

organization designated, under any provision of law, as the recipient of any surcharge imposed on the sale of any numismatic item.’.

      (3) SCOPE OF APPLICATION- The amendments made by this section shall apply with respect to the proceeds of any surcharge imposed on the sale of any numismatic item that are deposited in the Numismatic Public Enterprise Fund after the date of the enactment of this Act.

      (4) REPEAL OF EXISTING RECIPIENT REPORT REQUIREMENT- Section 303 of Public Law 103-186 (31 U.S.C. 5112 note) is repealed.

    (c) QUARTERLY FINANCIAL REPORTS- Section 5134 of title 31, United States Code, is amended by adding at the end the following new subsection:

    ‘(g) QUARTERLY FINANCIAL REPORTS-

      ‘(1) IN GENERAL- Not later than the 30th day of each month following each calendar quarter through and including the final period of sales with respect to any commemorative coin program authorized on or after the date of enactment of the Treasury, Postal Service, and General Government Appropriations Act, 1997, the Mint shall submit to the Congress a quarterly financial report in accordance with this subsection.

      ‘(2) REQUIREMENTS- Each report submitted under paragraph (1) shall include, with respect to the calendar quarter at issue--

        ‘(A) a detailed financial statement, prepared in accordance with generally accepted accounting principles, that includes financial information specific to that quarter, as well as cumulative financial information relating to the entire program;

        ‘(B) a detailed accounting of--

          ‘(i) all costs relating to marketing efforts;

          ‘(ii) all funds projected for marketing use;

          ‘(iii) all costs for employee travel relating to the promotion of commemorative coin programs;

          ‘(iv) all numismatic items minted, sold, not sold, and rejected during the production process; and

          ‘(v) the costs of melting down all rejected and unsold products;

        ‘(C) adequate market-based research for all commemorative coin programs; and

        ‘(D) a description of the efforts of the Mint in keeping the sale price of numismatic items as low as practicable.’.

    (d) CITIZENS COMMEMORATIVE COIN ADVISORY COMMITTEE-

      (1) FIXED TERMS FOR MEMBERS- Section 5135(a)(4) of title 31, United States Code, is amended to read as follows:

      ‘(4) TERMS- Each member appointed under clause (i) or (iii) of paragraph (3)(A) shall be appointed for a term of 4 years.’.

      (2) CHAIRPERSON- Section 5135(a) of title 31, United States Code, is amended by adding at the end the following new paragraph:

      ‘(7) CHAIRPERSON-

        ‘(A) IN GENERAL- Subject to subparagraph (B), the Chairperson of the Advisory Committee shall be elected by the members of the Advisory Committee from among such members.

        ‘(B) EXCEPTION- The member appointed pursuant to paragraph (3)(A)(ii) (or the alternate to that member) may not serve as the Chairperson of the Advisory Committee, beginning on June 1, 1999.’.

    (e) EFFECTIVE DATE- This section and the amendments made by this section shall take effect on the date of enactment of this Act.

TITLE VI--GENERAL PROVISIONS

Departments, Agencies, and Corporations

    SECTION 601. Funds appropriated in this or any other Act may be used to pay travel to the United States for the immediate family of employees serving abroad in cases of death or life threatening illness of said employee.

    SEC. 602. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 1997 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act) by the officers and employees of such department, agency, or instrumentality.

    SEC. 603. Notwithstanding 31 U.S.C. 1345, any agency, department or instrumentality of the United States which provides or proposes to provide child care services for Federal employees may reimburse any Federal employee or any person employed to provide such services for travel, transportation, and subsistence expenses incurred for training classes, conferences or other meetings in connection with the provision of such services: Provided, That any per diem allowance made pursuant to this section shall not exceed the rate specified in regulations prescribed pursuant to section 5707 of title 5, United States Code.

    SEC. 604. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is hereby fixed at $8,100 except station wagons for which the maximum shall be $9,100: Provided, That these limits may be exceeded by not to exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for special heavy-duty vehicles: Provided further, That the limits set forth in this section may not be exceeded by more than 5 percent for electric or hybrid vehicles purchased for demonstration under the provisions of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976: Provided further, That the limits set forth in this section may be exceeded by the incremental cost of clean alternative fuels vehicles acquired pursuant to Public Law 101-549 over the cost of comparable conventionally fueled vehicles.

    SEC. 605. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922-24.

    SEC. 606. Unless otherwise specified during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person (1) is a citizen of the United States, (2) is a person in the service of the United States on the date of enactment of this Act who, being eligible

for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States, (3) is a person who owes allegiance to the United States, (4) is an alien from Cuba, Poland, South Vietnam, the countries of the former Soviet Union, or the Baltic countries lawfully admitted to the United States for permanent residence, (5) is a South Vietnamese, Cambodian, or Laotian refugee paroled in the United States after January 1, 1975, or (6) is a national of the People’s Republic of China who qualifys for adjustment of status pursuant to the Chinese Student Protection Act of 1992: Provided, That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status have been complied with: Provided further, That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of Ireland, Israel, or the Republic of the Philippines, or to nationals of those countries allied with the United States in the current defense effort, or to international broadcasters employed by the United States Information Agency, or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies.

    SEC. 607. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable law.

    SEC. 608. In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes:

      (1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order 12873 (October 20, 1993), including any such programs adopted prior to the effective date of the Executive Order.

      (2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs.

      (3) Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency.

    SEC. 609. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States Code, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provided, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced.

    SEC. 610. No part of any appropriation for the current fiscal year contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person.

    SEC. 611. For the fiscal year ending September 30, 1997, and thereafter, any department or agency to which the Administrator of General Services has delegated the authority to operate, maintain or repair any building or facility pursuant to section 205(d) of the Federal Property and Administrative Services Act of 1949, as amended, shall retain that portion of the GSA rental payment available for operation, maintenance or repair of the building or facility, as determined by the Administrator, and expend such funds directly for the operation, maintenance or repair of the building or facility. Any funds retained under this section shall remain available until expended for such purposes.

    SEC. 612. (a) IN GENERAL- Section 1306 of title 31, United States Code, is amended to read as follows:

‘Sec. 1306. Use of foreign credits

    ‘(a) IN GENERAL- Foreign credits (including currencies) owed to or owned by the United States may be used by any agency for any purpose for which appropriations are made for the agency for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), but only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency.

    ‘(b) EXCEPTION TO REIMBURSEMENT REQUIREMENT- Credits described in subsection (a) that are received as exchanged allowances, or as the proceeds of the sale of personal property, may be used in whole or partial payment for the acquisition of similar items, to the extent and in the manner authorized by law, without reimbursement to the Treasury.’.

    (b) APPLICABILITY- The amendment made by this section shall take effect on the date of the enactment of this Act and shall apply thereafter.

    SEC. 613. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality.

    SEC. 614. Funds made available by this or any other Act to the ‘Postal Service Fund’ (39 U.S.C. 2003) shall be available for employment of guards for all buildings and areas owned or occupied by the Postal Service and under the charge and control of the Postal Service, and such guards shall have, with respect to such property, the powers of special policemen provided by the first section of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to property owned or occupied by the Postal Service, the Postmaster General may take the same actions as the Administrator of General Services may take under the provisions of sections 2 and 3 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a, 318b), attaching thereto penal consequences under the authority and within the limits provided in section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318c).

    SEC. 615. None of the funds made available pursuant to the provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States.

    SEC. 616. (a) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for the fiscal year ending on September 30, 1997, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code--

      (1) during the period from the date of expiration of the limitation imposed by section 616 of the Treasury, Postal Service and General Government Appropriations Act, 1996, until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 1997, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section 616; and

      (2) during the period consisting of the remainder of fiscal year 1997, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more than the sum of--

        (A) the percentage adjustment taking effect in fiscal year 1997 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; and

        (B) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 1997 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in fiscal year 1996 under such section.

    (b) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which subsection (a) is in effect at a rate that exceeds the rates that would be payable under subsection (a) were subsection (a) applicable to such employee.

    (c) For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, 1996, shall be determined under regulations prescribed by the Office of Personnel Management.

    (d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed from the rates in effect on September 30, 1996, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section.

    (e) This section shall apply with respect to pay for service performed after September 30, 1996.

    (f) For the purpose of administering any provision of law (including section 8431 of title 5, United States Code, and any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay.

    (g) Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect.

    (h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees.

    SEC. 617. During the period in which the head of any department or agency, or any other officer or civilian employee of the Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is expressly approved by the Committees on Appropriations of the House and Senate. For the purposes of this section, the word ‘office’ shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual or the use of which is directly controlled by the individual.

    SEC. 618. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the House and Senate Committees on Appropriations.

    SEC. 619. Notwithstanding section 1346 of title 31, United States Code, or section 613 of this Act, funds made available for fiscal year 1997 by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order Numbered 12472 (April 3, 1984).

    SEC. 620. (a) None of the funds appropriated by this or any other Act may be obligated or expended by any Federal department, agency, or other instrumentality for the salaries or expenses of any employee appointed to a position of a confidential or policy-determining character excepted from the competitive service pursuant to section 3302 of title 5, United States Code, without a certification to the Office of Personnel Management from the head of the Federal department, agency, or other instrumentality employing the Schedule C appointee that the Schedule C position was not created solely or primarily in order to detail the employee to the White House.

    (b) The provisions of this section shall not apply to Federal employees or members of the armed services detailed to or from--

      (1) the Central Intelligence Agency;

      (2) the National Security Agency;

      (3) the Defense Intelligence Agency;

      (4) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs;

      (5) the Bureau of Intelligence and Research of the Department of State;

      (6) any agency, office, or unit of the Army, Navy, Air Force, and Marine Corps, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of Transportation, the Department of the Treasury, and the Department of Energy performing intelligence functions; and

      (7) the Director of Central Intelligence.

    SEC. 621. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 1997 shall obligate or expend any such funds, unless such department, agency or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from discrimination and sexual harassment and that all of its workplaces are not in violation of title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973.

    SEC. 622. No part of any appropriation contained in this Act may be used to pay for the expenses of travel of employees, including employees of the Executive Office of the President, not directly responsible for the discharge of official governmental tasks and duties: Provided, That this restriction shall not apply to the family of the President, Members of Congress or their spouses, Heads of State of a foreign country or their designees, persons providing assistance to the President for official purposes, or other individuals so designated by the President.

    SEC. 623. Notwithstanding any provision of law, the President, or his designee, must certify to Congress, annually, that no person or persons with direct or indirect responsibility for administering the Executive Office of the President’s Drug-Free Workplace Plan are themselves subject to a program of individual random drug testing.

    SEC. 624. (a) None of the funds made available in this Act or any other Act may be obligated or expended for any employee training when it is made known to the Federal official having authority to obligate or expend such funds that such employee training--

      (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties;

      (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;

      (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation;

      (4) contains any methods or content associated with religious or quasi-religious belief systems or ‘new age’ belief systems as defined in Equal Employment Opportunity Commission Notice N-915.022, dated September 2, 1988;

      (5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace; or

      (6) includes content related to human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) other than that necessary to make employees more aware of the medical ramifications of HIV/AIDS and the workplace rights of HIV-positive employees.

    (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties.

    SEC. 625. No funds appropriated in this or any other Act for fiscal year 1997 may be used to implement or enforce the agreements in Standard Forms 312 and 4355 of the Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following provisions: ‘These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order 12356; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code,

as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); section 2302(b)(8) of title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. section 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said Executive Order and listed statutes are incorporated into this agreement and are controlling.’: Provided, That notwithstanding the preceding paragraph, a nondisclosure policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that they do not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law.

    SEC. 626. (a) None of the funds appropriated by this or any other Act may be expended by any Federal Agency to procure any product or service subject to section 5124 of Public Law 104-106 and that will be available under the procurement by the Administrator of General Services known as ‘FTS2000’ unless--

      (1) such product or service is procured by the Administrator of General Services as part of the procurement known as ‘FTS2000’; or

      (2) that agency establishes to the satisfaction of the Administrator of General Services that--

        (A) that agency’s requirements for such procurement are unique and cannot be satisfied by property and service procured by the Administrator of General Services as part of the procurement known as ‘FTS2000’; and

        (B) the agency procurement, pursuant to such delegation, would be cost-effective and would not adversely affect the cost-effectiveness of the FTS2000 procurement.

    (b) After December 31, 1998, subsection (a) shall apply only if the Administrator of General Services has reported that the FTS2000 procurement is producing prices that allow the Government to satisfy its requirements for such procurement in the most cost-effective manner.

    SEC. 627. Subsection (f) of section 403 of Public Law 103-356 is amended by deleting ‘October 1, 1999’ and inserting ‘October 1, 2001’.

    SEC. 628. (a) IN GENERAL- Notwithstanding any other provision of law, none of the funds made available by this Act for the Department of the Treasury shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would permit the Secretary of the Treasury to make any loan or extension of credit under section 5302 of title 31, United States Code, with respect to a single foreign entity or government of a foreign country (including agencies or other entities of that government)--

      (1) with respect to a loan or extension of credit for more than 60 days, unless the President certifies

      to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking and Financial Services of the House of Representatives that--

        (A) there is no projected cost (as that term is defined in section 502 of the Federal Credit Reform Act of 1990) to the United States from the proposed loan or extension of credit; and

        (B) any proposed obligation or expenditure of United States funds to or on behalf of the foreign government is adequately backed by an assured source of repayment to ensure that all United States funds will be repaid; and

      (2) other than as provided by an Act of Congress, if that loan or extension of credit would result in expenditures and obligations, including contingent obligations, aggregating more than $1,000,000,000 with respect to that foreign country for more than 180 days during the 12-month period beginning on the date on which the first such action is taken.

    (b) WAIVER OF LIMITATIONS- The President may exceed the dollar and time limitations in subsection (a)(2) if he certifies in writing to the Congress that a financial crisis in that foreign country poses a threat to vital United States economic interests or to the stability of the international financial system.

    (c) EXPEDITED PROCEDURES FOR A RESOLUTION OF DISAPPROVAL- A presidential certification pursuant to subsection (b) shall not take effect, if the Congress, within 30 calendar days after receiving such certification, enacts a joint resolution of disapproval, as described in paragraph (5) of this subsection.

      (1) REFERENCE TO COMMITTEES- All joint resolutions introduced in the Senate to disapprove the certification shall be referred to the Committee on Banking, Housing, and Urban Affairs, and in the House of Representatives, to the appropriate committees.

      (2) DISCHARGE OF COMMITTEES- (A) If the committee of either House to which a resolution has been referred has not reported it at the end of 15 days after its introduction, it is in order to move either to discharge the committee from further consideration of the joint resolution or to discharge the committee from further consideration of any other resolution introduced with respect to the same matter, except no motion to discharge shall be in order after the committee has reported a joint resolution with respect to the same matter.

      (B) A motion to discharge may be made only by an individual favoring the resolution, and is privileged in the Senate; and debate thereon shall be limited to not more than 1 hour, the time to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees.

      (3) FLOOR CONSIDERATION IN THE SENATE- (A) A motion in the Senate to proceed to the consideration of a resolution shall be privileged.

      (B) Debate in the Senate on a resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 4 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.

      (C) Debate in the Senate on any debatable motion or appeal in connection with a resolution shall be limited to not more than 20 minutes, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may,

      from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal.

      (D) A motion in the Senate to further limit debate on a resolution, debatable motion, or appeal is not debatable. No amendment to, or motion to recommit, a resolution is in order in the Senate.

      (4) In the case of a resolution, if prior to the passage by one House of a resolution of that House, that House receives a resolution with respect to the same matter from the other House, then--

        (A) the procedure in that House shall be the same as if no resolution had been received from the other House; but

        (B) the vote on final passage shall be on the resolution of the other House.

      (5) For purposes of this subsection, the term ‘joint resolution’ means only a joint resolution of the 2 Houses of Congress, the matter after the resolving clause of which is as follows: ‘That the Congress disapproves the action of the President under section 628(c) of the Treasury, Postal Service, and General Government Appropriations Act, 1997, notice of which was submitted to the Congress on XXXXXXX.’, with the blank space being filled with the appropriate date.

    (d) APPLICABILITY- This section--

      (1) shall not apply to any action taken as part of the program of assistance to Mexico announced by the President on January 31, 1995; and

      (2) shall remain in effect through fiscal year 1997.

    SEC. 629. (a) TECHNICAL AMENDMENT- Section 640 of Public Law 104-52 (109 Stat. 513) is amended by striking ‘Service performed’ and inserting ‘Hereafter, service performed’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect as if included in Public Law 104-52 on the date of its enactment.

    SEC. 630. Notwithstanding any other provision of law, no part of any appropriation contained in this Act for any fiscal year shall be available for paying Sunday premium or differential pay to any employee unless such employee actually performed work during the time corresponding to such premium or differential pay.

    SEC. 631. No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself.

    SEC. 632.(a) The United States Courthouse under construction at 1030 Southwest 3d Avenue in Portland, Oregon, shall be known and designated as the ‘Mark O. Hatfield United States Courthouse’.

    (b) Any reference in a law, map, regulation, document, paper, or other record of the United States to the courthouse referred to in section 901 shall be deemed to be a reference to the ‘Mark O. Hatfield United States Courthouse’.

    (c) This section shall take effect on January 2, 1997.

    SEC. 633. SURVIVOR ANNUITY RESUMPTION UPON TERMINATION OF MARRIAGE- (a) AMENDMENTS-

      (1) CIVIL SERVICE RETIREMENT SYSTEM- Section 8341(e) of title 5, United States Code, is amended by adding at the end the following:

    ‘(4) If the annuity of a child under this subchapter terminates under paragraph (3)(E) because of marriage, then, if such marriage ends, such annuity shall resume on the first day of the month in which it ends, but only if--

      ‘(A) any lump sum paid is returned to the Fund; and

      ‘(B) that individual is not otherwise ineligible for such annuity.’.

      (2) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM- Section 8443(b) of such title is amended by adding at the end the following: ‘If the annuity of a child under this subchapter terminates under subparagraph (E) because of marriage, then, if such marriage ends, such annuity shall resume on the

first day of the month in which it ends, but only if any lump sum paid is returned to the Fund, and that individual is not otherwise ineligible for such annuity.’.

      (3) FEDERAL EMPLOYEES HEALTH BENEFITS- Section 8908 of title 5, United States Code, is amended by adding at the end of the following new subsection:

    ‘(d) A surviving child whose survivor annuity under section 8341(e) or 8443(b) was terminated and is later restored under paragraph (4) of section 8341(e) or the last sentence of section 8443(b) may, under regulations prescribed by the Office, enroll in a health benefits plan described by section 8903 or 8903a if such surviving child was covered by any such plan immediately before such annuity was terminated.’.

    (b) APPLICABILITY- The amendments made by subsection (a) shall apply with respect to any termination of marriage taking effect before, on, or after the date of enactment of this Act, except that benefits shall be payable only with respect to amounts accruing for periods beginning on the first day of the month beginning after the later of such termination of marriage or such date of enactment.

    SEC. 634. AVAILABILITY OF ANNUAL LEAVE FOR EMPLOYEES AFFECTED BY REDUCTION IN FORCE- Section 6302 of title 5, United States Code, is amended by adding at the end of the following new subsection:

    ‘(g) An employee who is being involuntarily separated from an agency due to a reduction in force or transfer of function under subchapter I of chapter 35 may elect to use annual leave to the employee’s credit to remain on the agency’s rolls after the date the employee would otherwise have been separated if, and only to the extent that, such additional time in a pay status will enable the employee to qualify for an immediate annuity under section 8336, 8412, 8414, or to qualify to carry health benefits coverage into retirement under section 8905(b).’.

    SEC. 635. Section 207(e)(6)(B) of title 18, United States Code, is amended by striking ‘level V of the Executive Schedule’ and inserting ‘level 5 of the Senior Executive Service’.

    SEC. 636. REIMBURSEMENTS RELATING TO PROFESSIONAL LIABILITY INSURANCE- (a) AUTHORITY- Notwithstanding any other provision of law, amounts appropriated by this Act (or any other Act for fiscal year 1997 or any fiscal year thereafter) for salaries and expenses may be used to reimburse any qualified employee for not to exceed one-half the costs incurred by such employee for professional liability insurance. A payment under this section shall be contingent upon the submission of such information or documentation as the employing agency may require.

    (b) QUALIFIED EMPLOYEE- For purposes of this section, the term ‘qualified employee’ means an agency employee whose position is that of--

      (1) a law enforcement officer; or

      (2) a supervisor or management official.

    (c) DEFINITIONS- For purposes of this section--

      (1) the term ‘agency’ means an Executive agency, as defined by section 105 of title 5, United States Code, and any agency of the Legislative Branch of Government including any office or committee of the Senate or the House of Representatives;

      (2) the term ‘law enforcement officer’ means an employee, the duties of whose position are primarily the investigation, apprehension, prosecution, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, including any law enforcement officer under section 8331(20) or 8401(17) of such title 5, or under section 4823 of title 22, United States Code;

      (3) the terms ‘supervisor’ and ‘management official’ have the respective meanings given them by section 7103(a) of such title 5; and

      (4) the term ‘professional liability insurance’ means insurance which provides coverage for--

        (A) legal liability for damages due to injuries to other persons, damage to their property, or other damage or loss to such other persons (including the expenses of litigation and settlement) resulting from or arising out of any tortious act, error, or omission of the covered individual (whether common law, statutory, or constitutional) while in the performance of such individual’s official duties as a qualified employee; and

        (B) the cost of legal representation for the covered individual in connection with any administrative or judicial proceeding (including any investigation or disciplinary proceeding) relating to any act, error, or omission of the covered individual while in the performance of such individual’s official duties as a qualified employee, and other legal costs and fees relating to any such administrative or judicial proceeding.

    (d) APPLICABILITY- The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply thereafter.

    SEC. 637. For purposes of each provision of law amended by section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note), no adjustment under section 5303 of title 5, United States Code, shall be considered to have taken effect in fiscal year 1997 in the rates of basic pay for the statutory pay systems.

    SEC. 639. Section 608 of Public Law 104-52 is amended in the first sentence by inserting before the period, ‘, including Federal records disposed of pursuant to a records schedule’.

    SEC. 640. In reviewing and analyzing the contracting out, outsourcing or privatization of business and administrative functions, and in implementing 40 U.S.C. sections 1413 and 1423, and other provisions, in title LI of the National Defense Authorization Act for fiscal year 1996 (the Information Technology Management Reform Act)--

      (1) the Director of the Office of Management and Budget and the heads of the executive agencies may have studies, analyses, reviews and other management assistance performed by the private sector;

      (2) the reviews, analyses, and studies called for by 40 U.S.C. section 1413(b)(2) (B) and (C) shall be completed and reported to the Agency Head within 180 days, or less measured from when a study analysis or review is initiated unless the Agency Head determines additional time is needed;

      (3) in accordance with principles and rules governing organizational conflicts of interest, persons involved in a particular study may not compete for any work that is to be or is outsourced as a result of that study; and

      (4) this section will apply with respect to studies occurring on or after the date of enactment of this subsection and completed before September 1, 1999 and the Comptroller General of the United States shall review and provide an assessment of this program by January 1, 1999.

    SEC. 641. (a) SECTION 1--AUTHORIZATION OF APPROPRIATIONS- Section 8(a)(1) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note, Public Law 101-12, April 10, 1989, 103 Stat. 34, as amended Public Law 103-424, Section 1, October 29, 1994, 108 Stat. 4361), is amended by striking the words: ‘1993, 1994, 1995, 1996, and 1997,’ and inserting in lieu thereof ‘1998, 1999, 2000, 2001, and 2002’.

    (b) SECTION 2--EFFECTIVE DATE- This Act shall take effect on October 1, 1998.

    SEC. 642. (a) SECTION 1--AUTHORIZATION OF APPROPRIATIONS- Section 8(a)(1) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note; Public Law 103-424; 103 Stat. 34) is amended by striking out: ‘1993, 1994, 1995, 1996, and 1997,’ and inserting in lieu thereof ‘1998, 1999, 2000, 2001, and 2002’.

    (b) SECTION 2--EFFECTIVE DATE- This Act shall take effect on October 1, 1998.

    SEC. 643. MODIFICATIONS OF NATIONAL COMMISSION ON RESTRUCTURING THE INTERNAL REVENUE SERVICE- (a) QUORUM- Paragraph (4) of section 637(b) of the Treasury, Postal Service, and General Government Appropriations Act, 1996 (Public Law 104-52, 109 Stat. 510) is amended by striking ‘Seven’ and inserting ‘Nine’.

    (b) CO-CHAIRS-

      (1) IN GENERAL- Paragraph (3) of section 637(b) of such Act is amended--

        (A) by striking ‘a Chairman’ and inserting ‘Co-Chairs’, and

        (B) by striking ‘Chairman’ in the heading and inserting ‘Co-Chairs’.

      (2) CONFORMING AMENDMENTS- (A) Paragraph (5)(B) of section 637(b) of such Act is amended by striking ‘a Chairman’ and inserting ‘Co-Chairs’.

      (B) Subsections (b)(4), (d)(1)(B), (d)(3), and (e)(1) of section 637 of such Act are each amended by striking ‘Chairman’ each place it appears and inserting ‘Co-Chairs’.

    (c) GIFTS- Section 637(d) of such Act is amended by adding at the end the following new paragraph:

      ‘(6) GIFTS- The Commission may accept, use, and dispose of gifts or donations of services or property in carrying out its duties under this section.’

    (d) TRAVEL EXPENSES- Section 637(f)(2) of such Act is amended by striking ‘shall’ and inserting ‘may’.

    (e) TIME FOR FILING REPORT-

      (1) IN GENERAL- Paragraph (1) of section 637(g) of such Act is amended by striking ‘one year’ and inserting ‘15 months’.

      (2) CONFORMING AMENDMENT- Subparagraph (A) of section 637(c)(1) of such Act is amended by striking ‘one year’ and inserting ‘15 months’.

    (f) EFFECTIVE DATE- The amendments made by this section shall take effect as if included in the provisions of the Treasury, Postal Service, and General Government Appropriations Act, 1996.

    SEC. 644. (a) IN GENERAL- Section 202(a) of title 39, United States Code, is amended by striking ‘$10,000 a year’ and inserting ‘$30,000 a year’.

    (b) EFFECTIVE DATE- Subsection (a) shall take effect at the beginning of the next applicable pay period beginning after the date of the enactment of this Act.

    SEC. 645.(a) IN GENERAL- No later than September 30, 1997, the Director of the Office of Management and Budget shall submit to the Congress a report that provides--

      (1) estimates of the total annual costs and benefits of Federal regulatory programs, including quantitative and nonquantitative measures of regulatory costs and benefits;

      (2) estimates of the costs and benefits (including quantitative and nonquantitative measures) of each rule that is likely to have a gross annual effect on the economy of $100,000,000 or more in increased costs;

      (3) an assessment of the direct and indirect impacts of Federal rules on the private sector, State and local government, and the Federal Government; and

      (4) recommendations from the Director and a description of significant public comments to reform or eliminate any Federal regulatory program or program element that is inefficient, ineffective, or is not a sound use of the Nation’s resources.

    (b) NOTICE- The Director shall provide public notice and an opportunity to comment on the report under subsection (a) before the report is issued in final form.

    SEC. 646. Subsection (b) of section 404 of Public Law 103-356 is amended by deleting ‘September 30, 1997’ and inserting ‘December 31, 1999’.

    SEC. 647. (a) Notwithstanding any other provision of law, the Secretary shall, on behalf of the United States, transfer to the University of Miami, without charge, title to the real property and improvements that as of the date of the enactment of this Act constitute the Federal facility known as the Perrine Primate Center, subject to the condition that, during the 10-year period beginning on the date of the transfer--

      (1) the University will provide for the continued use of the real property and improvements as an animal research facility, including primates, and such use will be the exclusive use of the property (with such incidental exceptions as the Secretary may approve); or

      (2) the real property and improvements will be used for research-related purposes other than the purpose specified in paragraph (1) (or for both of such purposes), if the Secretary and the University enter into an agreement accordingly.

    (b) The conveyance under subsection (a) shall not become effective unless the conveyance specifies that, if the University of Miami engages in a material breach of the conditions specified in such subsection, title to the real property and improvements involved reverts to the United States at the election of the Secretary.

    (c) The real property referred to in subsections (a) and (b) is located in the county of Dade in the State of Florida, and is a parcel consisting of the northernmost 30 acre-parcel of the area. The exact acreage and legal description used for purposes of the transfer under subsection (a) shall be in accordance with a survey that is satisfactory to the Secretary.

    (d) For the purposes of this section--

      (1) the term ‘Secretary’ means the Secretary of Health and Human Services; and

      (2) the term ‘University of Miami’ means the University of Miami located in the State of Florida.

    SEC. 648. (a) INCREASED PENALTIES FOR COUNTERFEITING VIOLATIONS- Sections 474 and 474A of title 18, United States Code, are amended by striking ‘class C felony’ each place that term appears and inserting ‘class B felony’.

    (b) CRIMINAL PENALTY FOR PRODUCTION, SALE, TRANSPORTATION, POSSESSION OF FICTITIOUS FINANCIAL INSTRUMENTS PURPORTING TO BE THOSE OF THE STATES, OF POLITICAL SUBDIVISIONS, AND OF PRIVATE ORGANIZATIONS-

      (1) IN GENERAL- Chapter 25 of title 18, United States Code, is amended by inserting after section 513, the following new section:

‘Sec. 514. Fictitious obligations

    ‘(a) Whoever, with the intent to defraud--

      ‘(1) draws, prints, processes, produces, publishes, or otherwise makes, or attempts or causes the same, within the United States;

      ‘(2) passes, utters, presents, offers, brokers, issues, sells, or attempts or causes the same, or with like intent possesses, within the United States; or

      ‘(3) utilizes interstate or foreign commerce, including the use of the mails or wire, radio, or other electronic communication, to transmit, transport,

ship, move, transfer, or attempts or causes the same, to, from, or through the United States,

    any false or fictitious instrument, document, or other item appearing, representing, purporting, or contriving through scheme or artifice, to be an actual security or other financial instrument issued under the authority of the United States, a foreign government, a State or other political subdivision of the United States, or an organization, shall be guilty of a class B felony.

    ‘(b) For purposes of this section, any term used in this section that is defined in section 513(c) has the same meaning given such term in section 513(c).

    ‘(c) The United States Secret Service, in addition to any other agency having such authority, shall have authority to investigate offenses under this section.’.

      (2) TECHNICAL AMENDMENT- The analysis for chapter 25 of title 18, United States Code, is amended by inserting after the item relating to section 513 the following:

      ‘514. Fictitious obligations.’.

    (c) PERIOD OF EFFECT- This section and the amendments made by this section shall become effective on the date of enactment of this Act and shall remain in effect during each fiscal year following that date of enactment.

    SEC. 649. None of the funds appropriated by this Act may be used by an agency to provide a Federal employee’s home address to any labor organization except when it is made known to the Federal official having authority to obligate or expend such funds that the employee has authorized such disclosure or that such disclosure has been ordered by a court of competent jurisdiction.

    SEC. 650. (a) No later than 45 days after the date of the enactment of this Act, the Inspector General of each Federal department or agency that uses administratively uncontrollable overtime in the pay of any employee shall--

      (1) conduct an audit on the use of administratively uncontrollable overtime by employees of such department or agency, which shall include--

        (A) an examination of the policies, extent, costs, and other relevant aspects of the use of administratively uncontrollable overtime at the department or agency; and

        (B) a determination of whether the eligibility criteria of the department or agency and payment of administratively uncontrollable overtime comply with Federal statutory and regulatory requirements; and

      (2) submit a report of the findings and conclusions of such audit to--

        (A) the Office of Personnel Management;

        (B) the Governmental Affairs Committee of the Senate; and

        (C) the Government Reform and Oversight Committee of the House of Representatives.

    (b) No later than 30 days after the submission of the report under subsection (a), the Office of Personnel Management shall issue revised guidelines to all Federal departments and agencies that--

      (1) limit the use of administratively uncontrollable overtime to employees meeting the statutory intent of section 5545(c)(2) of title 5, United States Code; and

      (2) expressly prohibit the use of administratively uncontrollable overtime for--

        (A) customary or routine work duties; and

        (B) work duties that are primarily administrative in nature, or occur in noncompelling circumstances.

    SEC. 651. Notwithstanding section 8116 of title 5, United States Code, and in addition to any payment made under 5 U.S.C. 8101 et seq., beginning in fiscal year 1997 and thereafter, the head of any department or agency is authorized to pay from appropriations made available to the department or agency a death gratuity to the personal

representative (as that term is defined by applicable law) of a civilian employee of that department or agency whose death resulted from an injury sustained in the line of duty on or after August 2, 1990: Provided, That payments made pursuant to this section, in combination with the payments made pursuant to sections 8133(f) and 8134(a) of such title 5 and section 312 of Public Law 103-332 (108 Stat. 2537), may not exceed a total of $10,000 per employee.

    SEC. 653. (a) AUTHORIZATION-

      (1) The Secretary of the Treasury is authorized to establish scientific certification standards for explosives detection canines, and shall provide, on a reimbursable basis, for the certification of explosives detection canines employed by Federal agencies, or other agencies providing explosives detection services at airports in the United States.

      (2) The Secretary of the Treasury shall establish an explosives detection canine training program for the training of canines for explosives detection at airports in the United States.

    (b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.

    SEC. 654. NATIONAL REPOSITORY FOR INFORMATION ON EXPLOSIVES INCIDENTS AND ARSON-

      (a) Section 846 of title 18, United States Code, is amended by--

        (1) designating the existing section as subsection (a); and

        (2) by adding the following new subsection (b) to read as follows:

    ‘(b) The Secretary is authorized to establish a national repository of information on incidents involving arson and the suspected criminal misuse of explosives. All Federal agencies having information concerning such incidents shall report the information to the Secretary pursuant to such regulations as deemed necessary to carry out the provisions of this subsection. The repository shall also contain information on incidents voluntarily reported to the Secretary by State and local authorities.’.

      (b) There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this subsection.

    SEC. 655. Section 5(c)(1) of Public Law 102-259 (20 U.S.C. 5603(c)(1)) is amended--

      (1) in subparagraph (A)(iii), by striking ‘and’ after the semicolon;

      (2) in subparagraph (B), by striking the period and inserting ‘; and’; and

      (3) by adding after subparagraph (B) the following:

      ‘(C) a Trustee may serve after the expiration of the Trustee’s term until a successor has been chosen.’.

    SEC. 656. Notwithstanding any other provision of law, the Secretary of the Interior, through the Bureau of Indian Affairs, may directly transfer to Indian tribes in North and South Dakota portable housing units at the Grand Forks Air Force base in North Dakota which have been declared excess by the Department of Defense and requested for transfer by the Department of the Interior.

    SEC. 657. Section 922(q) of title 18, United States Code, is amended to read as follows:

    ‘(q)(1) The Congress finds and declares that--

      ‘(A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem;

      ‘(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs;

      ‘(C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary the House of Representatives and the Committee on the Judiciary of the Senate;

      ‘(D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce;

      ‘(E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason;

      ‘(F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country;

      ‘(G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States;

      ‘(H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves--even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and

      ‘(I) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation’s schools by enactment of this subsection.

    ‘(2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

    ‘(B) Subparagraph (A) does not apply to the possession of a firearm--

      ‘(i) on private property not part of school grounds;

      ‘(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

      ‘(iii) that is--

        ‘(I) not loaded; and

        ‘(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

      ‘(iv) by an individual for use in a program approved by a school in the school zone;

      ‘(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

      ‘(vi) by a law enforcement officer acting in his or her official capacity; or

      ‘(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

    ‘(3)(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone.

    ‘(B) Subparagraph (A) does not apply to the discharge of a firearm--

      ‘(i) on private property not part of school grounds;

      ‘(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;

      ‘(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or

      ‘(iv) by a law enforcement officer acting in his or her official capacity.

    ‘(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.’.

    SEC. 658. (a) DEFINITIONS- Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph:

      ‘(33) The term ‘crime involving domestic violence’ means a felony or misdemeanor crime of violence, regardless of length, term, or manner of punishment, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the

victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim under the domestic or family violence laws of the jurisdiction in which such felony or misdemeanor was committed.’.

    (b) UNLAWFUL ACTS- Section 922 of title 18, United States Code, is amended--

      (1) in subsection (d)--

        (A) by striking ‘or’ at the end of paragraph (7);

        (B) by striking the period at the end of paragraph (8) and inserting ‘; or’; and

        (C) by inserting after paragraph (8) the following new paragraph:

      ‘(9) 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.’;

      (2) in subsection (g)--

        (A) by striking ‘or’ at the end of paragraph (7);

        (B) in paragraph (8), by striking the comma and inserting ‘; or’; and

        (C) by inserting after paragraph (8) the following new paragraph:

      ‘(9) 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,’; and

      (3) in subsection (s)(3)(B)(i), by inserting before the semicolon the following: ‘and has not 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’.

    (c) RULES AND REGULATIONS- Section 926(a) of title 18, United States Code, is amended--

      (1) by striking ‘and’ at the end of paragraph (2);

      (2) by striking the period at the end of paragraph (3) and inserting ‘; and’; and

      (3) by inserting after paragraph (3) the following new paragraph:

      ‘(4) regulations providing for the effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(9) or (g)(9) of section 922.’.

SEC. 659. THRIFT SAVINGS PLAN.

Title I--Additional Investment Funds for the Thrift Savings Plan

SEC. 101. SHORT TITLE

    This title may be cited as the ‘Thrift Savings Investment Funds Act of 1996’.

SEC. 102. ADDITIONAL INVESTMENT FUNDS FOR THE THRIFT SAVINGS PLAN

    Section 8438 of title 5, United States Code, is amended--

      (1) in subsection (a)--

        (A) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively;

        (B) by inserting after paragraph (4) the following new paragraph:

      ‘(5) the term ‘International Stock Index Investment Fund’ means the International Stock Index Investment Fund established under subsection (b)(1)(E);’;

        (C) in paragraph (8) (as redesignated by subparagraph (A) of this paragraph) by striking out ‘and’ at the end thereof;

        (D) in paragraph (9) (as redesignated by subparagraph (A) of this paragraph)--

          (i) by striking out ‘paragraph (7)(D)’ in each place it appears and inserting in each such place ‘paragraph (8)(D)’; and

          (ii) by striking out the period and inserting in lieu thereof a semicolon and ‘and’; and

        (E) by adding at the end thereof the following new paragraph:

      ‘(10) the term ‘Small Capitalization Stock Index Investment Fund’ means the Small Capitalization Stock Index Investment Fund established under subsection (b)(1)(D).’; and

      (2) in subsection (b)--

        (A) in paragraph (1)--

          (i) in subparagraph (B) by striking out ‘and’ at the end thereof;

          (ii) in subparagraph (C) by striking out the period and inserting in lieu thereof a semicolon; and

          (iii) by adding at the end thereof the following new subparagraphs:

        ‘(D) a Small Capitalization Stock Index Investment Fund as provided in paragraph (3); and

        ‘(E) an International Stock Index Investment Fund as provided in paragraph (4).’; and

        (B) by adding at the end thereof the following new paragraphs:

      ‘(3)(A) The Board shall select an index which is a commonly recognized index comprised of common stock the aggregate market value of which represents the United States equity markets excluding the common stocks included in the Common Stock Index Investment Fund.

      ‘(B) The Small Capitalization Stock Index Investment Fund shall be invested in a portfolio designed to replicate the performance of the index in subparagraph (A). The portfolio shall be designed such that, to the extent practicable, the percentage of the Small Capitalization Stock Index Investment Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in such index.

      ‘(4)(A) The Board shall select an index which is a commonly recognized index comprised of stock the aggregate market value of which is a reasonably complete representation of the international equity markets excluding the United States equity markets.

      ‘(B) The International Stock Index Investment Fund shall be invested in a portfolio designed to replicate the performance of the index in subparagraph (A). The portfolio shall be designed such that, to the extent practicable, the percentage of the International Stock Index Investment Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in such index.’.

SEC. 103. ACKNOWLEDGEMENT OF INVESTMENT RISK

    Section 8439(d) of title 5, United States Code, is amended by striking out ‘Each employee, Member, former employee, or former Member who elects to invest in the Common Stock Index Investment Fund or the Fixed Income Investment Fund described in paragraphs (1) and (3),’ and inserting in lieu thereof ‘Each employee, Member, former employee, or former Member who elects to invest in the Common Stock Index Investment Fund, the Fixed Income Investment Fund, the International Stock Index Investment Fund, or the Small Capitalization Stock Index Investment Fund, defined in paragraphs (1), (3), (5), and (10),’.

SEC. 104. EFFECTIVE DATE

    This title shall take effect on the date of enactment of this Act, and the Funds established under this title shall be offered for investment at the earliest practicable election period (described in section 8432(b) of title 5, United States Code) as determined by the Executive Director in regulations.

Title II--Thrift Savings Accounts Liquidity

SEC. 201. SHORT TITLE

    This title may be cited as the ‘Thrift Savings Plan Act of 1996’.

SEC. 202. NOTICE TO SPOUSES FOR IN-SERVICE WITHDRAWALS; DE MINIMUS ACCOUNTS; CIVIL SERVICE RETIREMENT SYSTEM PARTICIPANTS

    Section 8351(b) of title 5, United States Code, is amended--

      (1) in paragraph (5)--

        (A) in subparagraph (B)--

          (i) by striking out ‘An election, change of election, or modification (relating to the commencement date of a deferred annuity)’ and inserting in lieu thereof ‘An election or change of election’;

          (ii) by inserting ‘or withdrawal’ after ‘and a loan’;

          (iii) by inserting ‘and (h)’ after ‘8433(g)’;

          (iv) by striking out ‘the election, change of election, or modification’ and inserting in lieu thereof ‘the election or change of election’; and

          (v) by inserting ‘or withdrawal’ after ‘for such loan’; and

        (B) in subparagraph (D)--

          (i) by inserting ‘or withdrawals’ after ‘of loans’; and

          (ii) by inserting ‘or (h)’ after ‘8433(g)’; and

      (2) in paragraph (6)--

        (A) by striking out ‘$3,500 or less’ and inserting in lieu thereof ‘less than an amount that the Executive Director prescribes by regulation’; and

        (B) by striking out ‘unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under subsection (b)’.

SEC. 203. IN-SERVICE WITHDRAWALS; WITHDRAWAL ELECTIONS, FEDERAL EMPLOYEES RETIREMENT SYSTEM PARTICIPANTS

    (a) IN GENERAL- Section 8433 of title 5, United States Code, is amended--

      (1) by striking out subsections (b) and (c) and inserting in lieu thereof the following:

    ‘(b) Subject to section 8435 of this title, any employee or Member who separates from Government employment is entitled and may elect to withdraw from the Thrift Savings Fund the balance of the employee’s or Member’s account as--

      ‘(1) an annuity;

      ‘(2) a single payment;

      ‘(3) 2 or more substantially equal payments to be made not less frequently than annually; or

      ‘(4) any combination of payments as provided under paragraphs (1) through (3) as the Executive Director may prescribe by regulation.

    ‘(c)(1) In addition to the right provided under subsection (b) to withdraw the balance of the account, an employee or Member who separates from Government service and who has not made a withdrawal under subsection (h)(1)(A) may make one withdrawal of any amount as a single payment in accordance with subsection (b)(2) from the employee’s or Member’s account.

    ‘(2) An employee or Member may request that the amount withdrawn from the Thrift Savings Fund in accordance with subsection (b)(2) be transferred to an eligible retirement plan.

    ‘(3) The Executive Director shall make each transfer elected under paragraph (2) directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986) identified by the employee, Member, former employee, or former Member for whom the transfer is made.

    ‘(4) A transfer may not be made for an employee, Member, former employee, or former Member under paragraph (2) until the Executive Director receives from that individual the information required by the Executive Director specifically to identify the eligible retirement plan or plans to which the transfer is to be made.’;

      (2) in subsection (d)--

        (A) in paragraph (1) by striking out ‘Subject to paragraph (3)(A)’ and inserting in lieu thereof ‘Subject to paragraph (3)’;

        (B) by striking out paragraph (2) and redesignating paragraph (3) as paragraph (2); and

        (C) in paragraph (2) (as redesignated under subparagraph (B) of this paragraph)--

          (i) in subparagraph (A) by striking out ‘(A)’; and

          (ii) by striking out subparagraph (B);

      (3) in subsection (f)(1)--

        (A) by striking out ‘$3,500 or less’ and inserting in lieu thereof ‘less than an amount that the Executive Director prescribes by regulation; and

        (B) by striking out ‘unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under subsection (b), or’ and inserting a comma;

      (4) in subsection (f)(2)--

        (A) by striking out ‘February 1’ and inserting in lieu thereof ‘April 1’;

        (B) in subparagraph (A)--

          (i) by striking out ‘65’ and inserting in lieu thereof ‘70 1/2 ’; and

          (ii) by inserting ‘or’ after the semicolon;

        (C) by striking out subparagraph (B); and

        (D) by redesignating subparagraph (C) as subparagraph (B);

      (5) in subsection (g)--

        (A) in paragraph (1) by striking out ‘after December 31, 1987, and’, and by adding at the end of the paragraph the following sentence: ‘Before a loan is issued, the Executive Director shall provide in writing the employee or Member with appropriate information concerning the cost of the loan relative to other sources of financing, as well as the lifetime cost of the loan, including the difference in interest rates between the funds offered by the Thrift Savings Fund, and any other effect of such loan on the employee’s or Member’s final account balance.’; and

        (B) by striking out paragraph (2) and redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; and

      (6) by adding after subsection (g) the following new subsection:

    ‘(h)(1) An employee or Member may apply, before separation, to the Board for permission to withdraw an amount from the employee’s or Member’s account based upon--

      ‘(A) the employee or Member having attained age 59 1/2 ; or

      ‘(B) financial hardship.

    ‘(2) A withdrawal under paragraph (1)(A) shall be available to each eligible participant one time only.

    ‘(3) A withdrawal under paragraph (1)(B) shall be available only for an amount not exceeding the value of that portion of such account which is attributable to contributions made by the employee or Member under section 8432(a) of this title.

    ‘(4) Withdrawals under paragraph (1) shall be subject to such other conditions as the Executive Director may prescribe by regulation.

    ‘(5) A withdrawal may not be made under this subsection unless the requirements of section 8435(e) of this title are satisfied.’.

    (b) INVALIDITY OF CERTAIN PRIOR ELECTIONS- Any election made under section 8433(b)(2) of title 5, United States Code (as in effect before the effective date of this title), with respect to an annuity which has not commenced before the implementation date of this title as provided by regulation by the Executive Director in accordance with section 207 of this title, shall be invalid.

SEC. 204. SURVIVOR ANNUITIES FOR FORMER SPOUSES; NOTICE TO FEDERAL EMPLOYEES RETIREMENT SYSTEM SPOUSES FOR IN-SERVICE WITHDRAWALS

    Section 8435 of title 5, United States Code, is amended--

      (1) in subsection (a)(1)(A)--

        (A) by striking out ‘may make an election under subsection (b)(3) or (b)(4) of section 8433 of this title or change an election previously made under subsection (b)(1) or (b)(2) of such section’ and inserting in lien thereof ‘may withdraw all or part of a Thrift Savings Fund account under subsection (b) (2), (3), or (4) of section 8433 of this title or change a withdrawal election’; and

        (B) by adding at the end thereof ‘A married employee or Member (or former employee or Member) may make a withdrawal from a Thrift Savings Fund account under subsection (c)(1) of section 8433 of this title only if the employee or Member (or former employee or Member) satisfies the requirements of subparagraph (B).’;

      (2) in subsection (c)--

        (A) in paragraph (1)--

          (i) by striking out ‘An election, change of election, or modification of the commencement date of a deferred annuity’ and inserting in lieu thereof ‘An election or change of election’; and

          (ii) by striking out ‘modification, or transfer’ and inserting in lieu thereof ‘or transfer’; and

        (B) in paragraph (2) in the matter following subparagraph (B)(ii) by striking out ‘modification,’;

      (3) in subsection (e)--

        (A) in paragraph (1)--

          (i) in subparagraph (A)--

            (I) by inserting ‘or withdrawal’ after ‘A loan’;

            (II) by inserting ‘and (h)’ after ‘8433(g)’; and

            (III) by inserting ‘or withdrawal’ after ‘such loan’;

          (ii) in subparagraph (B) by inserting ‘or withdrawal’ after ‘loan’; and

          (iii) in subparagraph (C)--

            (I) by inserting ‘or withdrawal’ after ‘to a loan’; and

            (II) by inserting ‘or withdrawal’ after ‘for such loan’; and

        (B) in paragraph (2)--

          (i) by inserting ‘or withdrawal’ after ‘loan’; and

          (ii) by inserting ‘and (h)’ after ‘8344(g)’; and

      (4) in subsection (g)--

        (A) by inserting ‘or withdrawals’ after ‘loans’; and

        (B) by inserting ‘and (h)’ after ‘8344(g)’.

SEC. 205. DE MINIMUS ACCOUNTS RELATING TO THE JUDICIARY

    (a) JUSTICES AND JUDGES- Section 8440a(b)(7) of title 5, United States Code, is amended--

      (1) by striking out ‘$3,500 or less’ and inserting in lieu thereof ‘less than an amount that the Executive Director prescribes by regulation’; and

      (2) by striking out ‘unless the justice or judge elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b)’.

    (b) BANKRUPTCY JUDGES AND MAGISTRATES- Section 8440b(b) of title 5, United States Code, is amended--

      (1) in paragraph (7) in the first sentence by inserting ‘of the distribution’ after ‘equal to the amount’; and

      (2) in paragraph (8)--

        (A) by striking out ‘$3,500 or less’ and inserting in lieu thereof ‘less than an amount that the Executive Director prescribes by regulation’; and

        (B) by striking out ‘unless the bankruptcy judge or magistrate elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under subsection (b)’.

    (c) FEDERAL CLAIMS JUDGES- Section 8440c(b) of title 5, United States Code, is amended--

      (1) in paragraph (7) in the first sentence by inserting ‘of the distribution’ after ‘equal to the amount’; and

      (2) in paragraph (8)--

        (A) by striking out ‘$3,500 or less’ and inserting in lieu thereof ‘less than an amount that the Executive Director prescribes by regulation’; and

        (B) by striking out ‘unless the judge elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b)’.

SEC. 206. DEFINITION OF BASIC PAY

    (a) IN GENERAL- (1) Section 8401(4) of title 5, United States Code, is amended by striking out ‘except as provided in subchapter III of this chapter,’.

    (2) Section 8431 of title 5, United States Code, is repealed.

    (b) TECHNICAL AND CONFORMING AMENDMENTS- (1) The table of sections for chapter 84 of title 5, United States Code, is amended by striking out the item relating to section 8431.

    (2) Section 5545a(h)(2)(A) of title 5, United States Code, is amended by striking out ‘8431,’.

    (3) Section 615(f) of the Treasury, Postal Service, and General Government Appropriations Act, 1996 (Public Law 104-52; 109 Stat. 500; 5 U.S.C. 5343 note) is amended by striking out ‘section 8431 of title 5, United States Code,’.

SEC. 207. EFFECTIVE DATE

    This title shall take effect on the date of the enactment of this Act and withdrawals and elections as provided under the amendments made by this title shall be made at the earliest practicable date as determined by the Executive Director in regulations.

    SEC. 632. (a) The United States Courthouse under construction at 1030 Southwest 3d Avenue in Portland, Oregon, shall be known and designated as the ‘Mark O. Hatfield United States Courthouse’.

    (b) Any reference in a law, map, regulation, document, paper, or other record of the United States to the courthouse referred to in section 901 shall be deemed to be a reference to the ‘Mark O. Hatfield United States Courthouse’.

    (c) This section shall take effect on January 2, 1997.

    SEC. 660. Notwithstanding Section 613, interagency financing is authorized to carry out the purposes of the National Bioethics Advisory Commission.

    SEC. 661. (a) DESIGNATION- The United States courthouse to be constructed at a site on 18th Street between Dodge and Douglas Streets in Omaha, Nebraska, shall be know and designated as the ‘Roman L. Hruska United States Courthouse’.

    (b) REFERENCES- Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the ‘Roman L. Hruska United States Courthouse’.

TITLE VII--COUNTER-TERRORISM AND DRUG LAW ENFORCEMENT

DEPARTMENT OF THE TREASURY

Departmental Offices

SALARIES AND EXPENSES

    For an additional amount for the necessary expenses of the Office of Foreign Assets Control, $288,000: Provided, That of the amount provided, $288,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Bureau of Alcohol, Tobacco and Firearms

SALARIES AND EXPENSES

    For an additional amount for the necessary expenses of the Bureau of Alcohol, Tobacco and Firearms, $37,550,000; of which $3,500,000 shall be available for the construction and expansion of a canine training facility, to remain available until expended; of which $3,000,000 shall be available for conducting a study of car bomb explosives, to remain available until expended: Provided, That of the amount provided, $37,550,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

United States Customs Service

salaries and expenses

    For an additional amount for the necessary expenses of the United States Customs Service, $40,000,000; of which not to exceed $26,400,000 shall be available until expended for funding non-competitive cooperative agreements with air carriers, airports, or other cargo authorities, which provide for the Customs Service to purchase and assist in installing advanced air cargo inspection equipment for the joint use of such entities and the United States Customs Service: Provided, That of the amount provided, $40,000,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

FUNDS APPROPRIATED TO THE PRESIDENT

Federal Drug Control Programs

SPECIAL FORFEITURE FUND

(INCLUDING TRANSFER OF FUNDS)

    For activities authorized by Public Law 100-690, as amended, $82,000,000, of which $42,000,000 shall be transferred to the United States Customs Service for the purchase and restoration of aircraft for the air interdiction program; of which $10,000,000 shall be available for transfer to other Federal agencies for methamphetamine reduction efforts; and of which $30,000,000 shall be available to the Director of the Office of National Drug Control Policy for enhancing other drug control activities, including transfer to other Federal agencies: Provided, That of the amount provided, $82,000,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended to become available only upon receipt by the Congress of a supplemental request from the President requesting such designation.

    This Act may be cited as the ‘Treasury, Postal Service, and General Government Appropriations Act, 1997’.

    (g) For additional amounts in fiscal year 1996 for programs, projects, or activities relating to force protection, anti-terrorism, and security enhancement activities, provided as follows:

DEPARTMENT OF DEFENSE

MANAGEMENT FUNDS

EMERGENCY RESPONSE FUND

(INCLUDING RESCISSIONS OF FUNDS)

    For an additional amount for the ‘Emergency Response Fund’, $130,000,000: Provided, That these funds may be used to reimburse other appropriations of the Department of Defense for expenses incurred by the Department of Defense in connection with force protection actions in Southwest Asia: Provided further, That these funds may be used to liquidate obligations incurred by the Department of Defense during fiscal year 1996 for costs incurred under the authority of the Feed and Forage Act (41 U.S.C., subsection 11): Provided further, That the entire amount under this heading is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That of the funds provided in Department of Defense Appropriations Acts, the following funds are hereby rescinded, as of the date of enactment of this Act, from the following accounts in the specified amounts:

      ‘Procurement of Ammunition, Army, 1994/1996’, $1,000,000;

      ‘Other Procurement, Army, 1994/1996’, $6,000,000;

      ‘Research, Development, Test and Evaluation, Army, 1995/1996’, $2,606,000;

      ‘Aircraft Procurement, Navy, 1994/1996’, $11,003,000;

      ‘Weapons Procurement, Navy, 1994/1996’, $11,141,000;

      ‘Other Procurement, Navy, 1994/1996’, $4,000,000;

      ‘Research, Development, Test and Evaluation, Navy, 1995/1996’, $7,421,000;

      ‘Aircraft Procurement, Air Force, 1994/1996’, $20,050,000;

      ‘Missile Procurement, Air Force, 1994/1996’, $11,002,000;

      ‘Other Procurement, Air Force, 1994/1996’, $14,769,000;

      ‘Research, Development, Test and Evaluation, Air Force, 1995/1996’, $6,237,000;

      ‘Procurement, Defense-Wide, 1994/1996’, $10,210,000; and

      ‘Research, Development, Test and Evaluation, Defense-Wide, 1995/1996’, $24,561,000.

MILITARY PERSONNEL

Military Personnel, Army

    For an additional amount for ‘Military Personnel, Army’, $4,800,000: Provided, That of the amount provided, $4,800,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Military Personnel, Air Force

    For an additional amount for ‘Military Personnel, Air Force’, $4,000,000: Provided, That of the amount provided, $4,000,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

    For an additional amount for ‘Operation and Maintenance, Army’, $36,449,000, to remain available until September 30, 1997: Provided, That of the amount provided, $36,449,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of

the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Operation and Maintenance, Navy

    For an additional amount for ‘Operation and Maintenance, Navy’, $23,956,000, to remain available until September 30, 1997: Provided, That of the amount provided, $23,956,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Operation and Maintenance, Marine Corps

    For an additional amount for ‘Operation and Maintenance, Marine Corps’, $600,000, to remain available until September 30, 1997: Provided, That of the amount provided, $600,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Operation and Maintenance, Air Force

    For an additional amount for ‘Operation and Maintenance, Air Force’, $78,150,000, to remain available until September 30, 1997: Provided, That of the amount provided, $78,150,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Operation and Maintenance, Defense-Wide

    For an additional amount for ‘Operation and Maintenance, Defense-Wide’, $29,534,000, to remain available until September 30, 1997: Provided, That of the amount provided, $29,534,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Operation and Maintenance, Navy Reserve

    For an additional amount for ‘Operation and Maintenance, Navy Reserve’, $517,000, to remain available until September 30, 1997: Provided, That of the amount provided, $517,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

PROCUREMENT

Other Procurement, Army

    For an additional amount for ‘Other Procurement, Army’, $16,852,000, to remain available until September 30, 1998: Provided, That of the amount provided, $16,852,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Other Procurement, Air Force

    For an additional amount for ‘Other Procurement, Air Force’, $115,072,000, to remain available until September 30, 1998: Provided, That of the amount provided, $115,072,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Procurement, Defense-Wide

    For an additional amount for ‘Procurement, Defense-Wide’, $35,350,000, to remain available until September 30, 1998: Provided, That of the amount provided, $35,350,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ‘Research, Development, Test and Evaluation, Defense-Wide’, $8,000,000, to remain available until September 30, 1997: Provided, That of the amount provided, $8,000,000 is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

GENERAL PROVISIONS

    Funds appropriated in this subsection, or made available by transfer of such funds, for programs or activities of the Central Intelligence Agency shall remain available until September 30, 1997: Provided, That funds appropriated in this subsection, or made available by transfer of such funds, to any intelligence agency or activity of the United States Government shall be deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414).

    Funds appropriated in this subsection may be used to liquidate obligations incurred by the Department of Defense during fiscal year 1996 for costs incurred under the authority of the Feed and Forage Act (41 U.S.C., subsection 11).

    (h) For additional amounts in fiscal year 1996 for programs, projects, or activities relating to emergency supplemental costs arising from Hurricanes Fran and Hortense and other disasters, provided as follows:

DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

WATERSHED AND FLOOD PREVENTION OPERATIONS

    For an additional amount to repair damages to the waterways and watersheds resulting from the effects of Hurricanes Fran and Hortense and other disasters, $65,000,000, to remain available until expended: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Farm Service Agency

EMERGENCY CONSERVATION PROGRAM

    For an additional amount for emergency expenses resulting from the effects of Hurricanes Fran and Hortense and other disasters, $30,000,000, to remain available until expended: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Rural Housing Service

VERY LOW-INCOME HOUSING REPAIR GRANTS

    For an additional amount for ‘Very Low-Income Housing Repair Grants’ to make housing repairs under section 504 of the Housing Act of 1949 required by damages resulting from Hurricane Fran and other natural disasters of 1996, $10,000,000, to remain available until expended.

Rural Utilities Service

RURAL UTILITIES ASSISTANCE PROGRAM

    For an additional amount for the ‘Rural Utilities Assistance Program’ for emergency community water assistance grants as authorized by section 306A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926a), to assist in the recovery from Hurricane Fran and other natural disasters of 1996, $5,000,000, to remain available until expended.

Farm Service Agency

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

    For additional gross obligations for the principal amount of direct and guaranteed loans as authorized by sections 308 and 309 of the Farm and Rural Development Act (7 U.S.C. 1928 and 1929), to be available from funds in the Agricultural Credit Insurance Fund, as follows: farm ownership loans, $100,000,000 for subsidized guaranteed loans; and operating loans, $66,000,000 for subsidized guaranteed loans.

    For the cost of direct and guaranteed loans, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership loans, $16,700,000 for subsidized guaranteed loans; and operating loans, $6,200,000, for subsidized guaranteed loans.

DEPARTMENT OF COMMERCE

Economic Development Administration

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

    For an additional amount for ‘Economic Development Assistance Programs’ for emergency infrastructure expenses resulting from Hurricane Fran and Hurricane Hortense, $75,000,000, to remain available until expended: Provided, That the entire amount of this appropriation shall be available only to the extent an official budget request for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to Congress: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of such Act.

RELATED AGENCY

Small Business Administration

DISASTER LOANS PROGRAM ACCOUNT

    For an additional amount for ‘Disaster Loans Program Account’ for emergency expenses resulting from Hurricane Fran and other natural disasters of 1996, $180,000,000 for the cost of direct loans and $20,000,000 for administrative expenses to carry out the disaster loan program, to remain available until expended: Provided, That this amount is hereby designated by Congress as emergency requirements pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

OPERATION AND MAINTENANCE, GENERAL

    For an additional amount for emergency expenses to repair damages resulting from Hurricane Fran and other disasters, $175,000,000, to remain available until expended: Provided, That such amount is designated by Congress as an emergency requiremment pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

FLOOD CONTROL AND COASTAL EMERGENCIES

    For an additional amount for ‘Flood Control and Coastal Emergencies’ for emergency expenses resulting from Hurricane Fran and other natural disasters of 1996, $15,000,000, to remain available until expended.

EMERGENCY BEACH RESTORATION

    The Secretary of the Army shall perform emergency restoration of the beaches and dunes on Topsail Island and Kure Beach, North Carolina, to restore the beaches and dunes to their condition as of September 1, 1996.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Housing Programs

FLEXIBLE SUBSIDY FUND

    For emergency assistance to owners of eligible multifamily housing projects damaged by Hurricanes Fran and Hortense that are either insured or formerly insured under the National Housing Act, as amended, or otherwise eligible for assistance under section 201(c) of the Housing and Community Development Amendments of 1978, as amended (12 U.S.C. 171z-1a), in the program of assistance for troubled multifamily housing projects under the Housing and Community Development Amendments of 1978, as amended, $10,000,000, to remain available until September 10, 1997: Provided, That assistance to an owner of a multifamily housing project assisted, but not insured under the National Housing Act, may be made if the project owner and the mortgagee have provided or agreed to provide assistance to the project in a manner as determined by the Secretary of Housing and Urban Development: Provided further, That assistance is for the repair of damage or the recovery of losses directly attributable to such hurricane: Provided further, That in administering these funds, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or any use by the recipient of these funds, except for statutory requirements relating to civil rights, fair housing and nondiscrimination, the environment, and labor standards, upon finding that such waiver is required to facilitate the obligation and use of such funds, and would not be inconsistent with the overall purpose of the statute or regulation: Provided further, That after assisting economically viable FHA insured projects, to the extent funds remain available the Secretary may provide assistance to economically viable projects assisted under section 8 of the United States Housing Act of 1937 but not insured under the National Housing Act: Provided further, That the entire amount shall be available only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to Congress: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Community Planning and Development

COMMUNITY DEVELOPMENT GRANTS

    For an additional amount for ‘Community Development Grants,’ $100,000,000 to remain available until September 30, 1999, for emergency expenses resulting from Hurricanes Fran and Hortense: Provided, That in administering these amounts, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds, except for statutory requirements related to civil rights, fair housing and nondiscrimination, the environment, and labor standards, upon a finding that such waiver is required to facilitate the use of such funds, and would not be inconsistent with the overall purpose of the statute: Provided further, That the entire amount shall be available only to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to Congress: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

SECTION 8 VOUCHER AND CERTIFICATE REISSUANCE

    To the extent necessary to assist victims living in Presidentially declared disaster areas, public housing agencies are authorized to use immediately any turnover rental vouchers and certificates available, notwithstanding the section 403(c) of the Balanced Budget Downpayment Act, I (Public Law 104-99).

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

FEDERAL-AID HIGHWAYS

(HIGHWAY TRUST FUND)

    For an additional amount for ‘Emergency Relief Program’ for emergency expenses resulting from Hurricanes Fran and Hortense and for other disasters, as authorized by 23 U.S.C. 125, $82,000,000, to be derived from the Highway Trust Fund and to remain available until expended: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

INDEPENDENT AGENCY

Federal Emergency Management Agency

EXTENSION OF NATIONAL FLOOD INSURANCE ACT BORROWING AUTHORITY

    Section 1309(a)(2) of the National Flood Insurance Act, 42 U.S.C. 4016(a)(2), is amended by striking ‘$1,000,000,000’ and inserting ‘$1,500,000,000 through September 30, 1997, and $1,000,000,000 thereafter.’

APPLICATION OF SUBSECTION

LIMITATION ON AVAILABILITY

    Each amount provided in this subsection shall be available only to the extent of a specific dollar amount for such program or activity that is included in an official budget request submitted by the President to the Congress and that is designated as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985.

WAIVER OF CERTAIN RESTRICTIONS

    In administering funds provided in this subsection, the head of the department or agency involved may waive (or specify an alternative requirement for) any provision of any statute or regulation that the department or agency administers in connection with the obligation by the department or agency (or the use by any recipient) of such funds, upon a finding that such waiver or alternative requirement is necessary to facilitate the obligation and use of such funds and will not be inconsistent with the overall purpose of the statute or regulation.

    The preceding paragraph shall not apply to any requirement relating to civil rights, fair housing and nondiscrimination, the environment, or labor standards.

TRANSFER OF FUNDS BETWEEN ACCOUNTS

    In administering funds provided in this subsection, the head of the department or agency involved may transfer from one account specified in this subsection to another account specified in this subsection such sums as the head determines are not necessary to carry out the purpose for which the sums are appropriated under this subsection. Any sums so transferred to an account shall be available for the same purposes as the funds appropriated to that account under this subsection.

    (i) For additional amounts in fiscal year 1997 for programs, projects, or activities relating to anti-terrorism and security enhancement activities, provided as follows:

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEVENSE ACTIVITIES

OTHER DEFENSE ACTIVITIES

    For an additional amount of fiscal year 1997 for terrorism activities, $8,000,000, to remain available until expended: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

OPERATIONS

(AIRPORT AND AIRWAY TRUST FUND)

    For additional operating expenses of the Federal Aviation Administration for airport security activities, $32,400,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 1998: Provided, That of the funds provided, $8,900,000 shall be for establishment of additional explosive detection K-9 teams at airports; $5,500,000 shall be for airport vulnerability assessments; and $18,000,000 shall be for the hire of additional aviation security personnel: Provided further, That such amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

    For additional necessary expenses for ‘Facilities and Equipment’, $144,200,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 1999: Provided, That the funds provided shall only be for non-competitive contracts or cooperative agreements with air carriers and airport authorities, which provide for the Federal Aviation Administration to purchase and assist in installation of advanced security equipment for the use of such entities: Provided further, That such amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

    For an additional amount for ‘Research, Engineering, and Development’, $21,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 1999: Provided, That the funds provided shall only be for aviation security research and operational testing of document trace scanners and explosive detection portals for airport passengers: Provided further, That such amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Research and Special Programs Administration

RESEARCH AND SPECIAL PROGRAMS

    For expenses necessary for ‘Research and Special Programs’ to conduct vulnerability and threat assessments of the nation’s transportation system, $3,000,000, to remain available until September 30, 1999: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

RELATED AGENCY

National Transportation Safety Board

SALARIES AND EXPENSES

    For an additional amount for ‘Salaries and Expenses’, $6,000,000, to reimburse other federal agencies for previously incurred costs of recovering wreckage from TWA flight 800, and for other costs related to the TWA 800 accident investigation: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

EMERGENCY FUND

    For necessary expenses of the National Transportation Safety Board for accident investigations, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-18; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902), $1,000,000: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

    (j) For additional amounts in 1997 for programs, projects, or activities, provided as follows:

DISTRICT OF COLUMBIA

FEDERAL PAYMENT FOR EDUCATION FACILITIES

IMPROVEMENT IN THE DISTRICT OF COLUMBIA

    For a Federal contribution to the District of Columbia Financial Responsibility and Management Assistance Authority (referred to in this heading as the ‘Authority’) for contracting with a private entity (or entities) to carry out a program of school facility repair of public schools and public charter schools located in public school facilities in the District of Columbia, in consultation with the General Services Administration, $40,000,000, to remain available until expended: Provided, That an additional amount estimated to be $40,700,000 shall be available to the Authority for contracting as provided under this heading to be derived from reallocations as follows: (1) funds made available under the heading ‘PUBLIC EDUCATION SYSTEM’ in Public Law 104-194 for school repairs in a restricted line item; (2) all capital financing authority made available for public school capital improvements in Public Law 104-194; and (3) all capital financing authority made available for public school capital improvements which are or remain available from Public Law 104-134 or any previous appropriations Act for the District of Columbia: Provided further, That the General Services Administration, in consultation with the District of Columbia Public Schools and the District of Columbia Council and subject to the approval of the Authority and the Committees on Appropriations of the Senate and the House of Representatives, shall provide program management services to assist in the short-term management of the repairs and capital improvements: Provided further, That contracting authorized under this heading shall be conducted in accordance with Federal procurement rules and regulations and guidelines or such guidelines as prescribed by the Authority.

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

GRANTS-IN-AID FOR AIRPORTS

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

    Of the available contract authority balances under this heading, $50,000,000 are rescinded.

Federal Highway Administration

HIGHWAY-RELATED SAFETY GRANTS

(HIGHWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

    Of the available contract authority balances under this heading, $9,100,000 are rescinded.

MOTOR CARRIER SAFETY GRANTS

(HIGHWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

    Of the available contract authority balances under this heading, $12,300,000 are rescinded.

National Highway Traffic Safety Administration

HIGHWAY TRAFFIC SAFETY GRANTS

(HIGHWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

    Of the available contract authority balances under this heading, $11,800,000 are rescinded.

TRANSFER OF FUNDS TO OFFICIAL MAIL ACCOUNTS.

    SEC. 102. (a) Each Member of the Senate may, subject to the approval of the Committee on Rules and Administration of the Senate, during the fiscal year ending September 30, 1997, at his or her election, transfer sums from the Senator’s Official Personnel and Office Expense Account, within the contingent fund of the Senate, to the Member’s Official Mail Allowance allocated to such Member by the Senate Committee on Rules and Administration from the Senator Official Mail Costs Account, within the contingent fund of the Senate.

    (b) Any transfer of funds under the authority of this section shall be for the sole purpose of mailing town meeting notices and shall be made at such time or times as such Member shall specify in writing to the Financial Clerk of the Senate.

    (c) A Member may not request a transfer of funds under authority of this section unless the Member has used 50 percent of that Member’s official mail allocation for fiscal year 1997 for the purpose of mailing town meeting notices. The total amount transferred by a Member during the fiscal year shall not exceed that Member’s official mail allocation for the fiscal year.

    (d) The Committee on Rules and Administration shall prescribe regulations to carry out the provisions of this section.

    SEC. 103. Of the funds appropriated under the heading, ‘ARCHITECT OF THE CAPITOL’, ‘Capitol Buildings and Grounds’, ‘Senate office buildings’ in Public Law 104-53, $650,000 shall remain available until September 30, 1997 for furniture, furnishings, and equipment for the Senate employees’ child care center.

    SEC. 104. In fiscal year 1997 and thereafter, the Administrator of the Federal Aviation Administration may establish at individual airports such consortia of government and aviation industry representatives as the Administrator may designate to provide advice on matters related to aviation security and safety: Provided, That such consortia shall not be considered Federal advisory committees.

    SEC. 105. Of the funds deducted under 23 U.S.C. subsection 104(a) for fiscal year 1997, $30,000,000 shall be available for allocation to States authorized by section 1069(y) of Public Law 102-240.

    SEC. 106. Notwithstanding any other provision of law, $58,680,000, for direct loans not to exceed $400,000,000 consistent with the purposes of section 505 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 825) as in effect on September 30, 1988, to the Alameda Corridor Transportation Authority to continue the Alameda Corridor Project, including replacement of at-grade rail lines with a below-grade corridor and widening of the adjacent major highway: Provided, That loans not to exceed the following amounts shall be made on or after the first day of the fiscal year indicated:

Fiscal year 1997

--$140,000,000

Fiscal year 1998

--$140,000,000

Fiscal year 1999

--$120,000,000:

    Provided further, That any loan authorized under this section shall be structured with a maximum 30-year repayment after completion of construction at an annual interest rate of not to exceed the 30-year United States Treasury rate and on such terms and conditions as deemed appropriate by the Secretary of Transportation: Provided further, That specific provisions of section 505 (a), (b) and (d) through (h) shall not apply: Provided further, That the Alameda Corridor Transportation Authority shall be deemed to be a financially responsible person for purposes of section 505 of the Act.

    SEC. 107. Notwithstanding any other provision of law, an additional $22,500,000 is hereby made available to the Secretary of Transportation for grants for operating losses and related expenses under 49 U.S.C. 24104 and an additional $60,000,000 is hereby made available for expenses under 45 U.S.C. 24909: Provided, That amounts made available under this section shall be available under the same terms and conditions as funds similarly made available under the Department of Transportation and Related Agencies Appropriations Act, 1997.

    SEC. 108. In cases where an emergency ocean condition causes erosion of a bank protecting a scenic highway or byway, fiscal year 1996 or fiscal year 1997 Federal Highway Administration Emergency Relief funds can be used to halt the erosion and stabilize the bank if such action is necessary to protect the highway from imminent failure and is less expensive than highway relocation.

    SEC. 109. There is hereby established on the books of the Treasury an account, ‘Support for International Sporting Competitions and other Special Activities, Defense’ (hereinafter referred to in this section as the ‘Account’) to be available until expended for logistical and security support for international sporting competitions and other special events of national and international significance (other than pay and non-travel-related allowances of members of the Armed Forces of the United States, except for members of the reserve components thereof called or ordered to active duty in connection with providing such support): Provided, That there shall be credited to the Account: (a) unobligated balances of the funds appropriated in Public Laws 103-335 and 104-61 under the headings ‘Summer Olympics’; (b) any reimbursements received by the Department of Defense in connection with support to the 1993 World University Games; the 1994 World Cup Games; and the 1996 Games of the XXVI Olympiad held in Atlanta Georgia; (c) any reimbursements received by the Department of Defense after the date of enactment of this Act for logistical and security support provided to international sporting competitions and other special events of national and international significance and (d) amounts specifically appropriated to the Account, all to remain available until expended.

    SEC. 110. (a) Section 501(b) of the National Defense Authorization Act for Fiscal Year 1997 is amended by striking out ‘upon the occurrence’ and all that follows through the period and inserting in lieu thereof the following: ‘on the date of the enactment of this Act and apply to any officer serving in the Office of Naval Research as Chief of Naval Research on or after that date.’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect as if included in the provisions of the National Defense Authorization Act for Fiscal Year 1997, to which such amendment relates.

TITLE II--OREGON RESOURCE CONSERVATION ACT OF 1996

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Oregon Resource Conservation Act of 1996’.

TITLE I--OPAL CREEK WILDERNESS AND SCENIC RECREATION AREA

SEC. 101. SHORT TITLE.

    This title may be cited as the ‘Opal Creek Wilderness and Opal Creek Scenic Recreation Area Act of 1996’.

SEC. 102. DEFINITIONS.

    In this title:

      (1) BULL OF THE WOODS WILDERNESS- The term ‘Bull of the Woods Wilderness’ means the land designated as wilderness by section 3(4) of the Oregon Wilderness Act of 1984 (Public Law 98-328; 16 U.S.C. 1132 note).

      (2) OPAL CREEK WILDERNESS- The term ‘Opal Creek Wilderness’ means certain land in the Willamette National Forest in the State of Oregon comprising approximately 12,800 acres, as generally depicted on the map entitled ‘Proposed Opal Creek Wilderness and Scenic Recreation Area’, dated July 1996.

      (3) SCENIC RECREATION AREA- The term ‘Scenic Recreation Area’ means the Opal Creek Scenic Recreation Area, comprising approximately 13,000 acres, as generally depicted on the map entitled ‘Proposed Opal Creek Wilderness and Scenic Recreation Area’, dated July 1996 and established under section 104(a)(3) of this title.

      (4) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.

SEC. 103. PURPOSES.

    The purposes of this title are:

      (1) to establish a wilderness and scenic recreation area to protect and provide for the enhancement of the natural, scenic, recreational, historic, and cultural resources of the area in the vicinity of Opal Creek;

      (2) to protect and support the economy of the communities in the Santiam Canyon; and

      (3) to provide increased protection for an important drinking water source for communities served by the North Santiam River.

SEC. 104. ESTABLISHMENT OF OPAL CREEK WILDERNESS AND SCENIC RECREATION AREA.

    (a) ESTABLISHMENT- On a determination by the Secretary under subsection (b)--

      (1) the Opal Creek Wilderness, as depicted on the map described in section 102(2), is hereby designated as wilderness, subject to the provisions of the Wilderness Act of 1964, shall become a component of the National Wilderness System, and shall be known as the Opal Creek Wilderness;

      (2) the part of the Bull of the Woods Wilderness that is located in the Willamette National Forest shall be incorporated into the Opal Creek Wilderness; and

      (3) the Secretary shall establish the Opal Creek Scenic Recreation Area in the Willamette National Forest in the State of Oregon, comprising approximately 13,000 acres, as generally depicted on the map described in section 102(3).

    (b) CONDITIONS- The designations in subsection (a) shall not take effect unless the Secretary makes a determination, not later than 2 years after the date of enactment of this title, that the following conditions have been met:

      (1) the following have been donated to the United States in an acceptable condition and without encumbrances--

        (A) all right, title, and interest in the following patented parcels of land--

          (i) Santiam number 1, mineral survey number 992, as described in patent number 39-92-0002, dated December 11, 1991;

          (ii) Ruth Quartz Mine number 2, mineral survey number 994, as described in patent number 39-91-0012, dated February 12, 1991;

          (iii) Morning Star Lode, mineral survey number 993, as described in patent number 36-91-0011, dated February 12, 1991;

        (B) all right, title, and interest held by any entity other than the Times Mirror Land and Timber Company, its successors and assigns, in and to lands located in section 18, township 8 south, range 5 east, Marion County, Oregon, Eureka numbers 6, 7, 8, and 13 mining claims; and

        (C) an easement across the Hewitt, Starvation, and Poor Boy Mill Sites, mineral survey number 990, as described in patent number 36-91-0017, dated May 9, 1991. In the sole discretion of the Secretary, such easement may be limited to administrative use if an alternative access route, adequate and appropriate for public use, is provided.

      (2) a binding agreement has been executed by the Secretary and the owners of record as of March 29, 1996, of the following interests, specifying the terms and conditions for the disposition of such interests to the United States Government--

        (A) the lode mining claims known as Princess Lode, Black Prince Lode, and King number 4 Lode, embracing portions of sections 29 and 32, township 8 south, range 5 east, Willamette Meridian, Marion County, Oregon, the claims being more particularly described in the field notes and depicted on the plat of mineral survey number 887, Oregon; and

        (B) Ruth Quartz Mine number 1, mineral survey number 994, as described in patent number 39-91-0012, dated February 12, 1991.

    (c) ADDITIONS TO THE WILDERNESS AND SCENIC RECREATION AREAS-

      (1) Lands or interests in lands conveyed to the United States under this section shall be included in and become part of, as appropriate, Opal Creek Wilderness or the Opal Creek Scenic Recreation Area.

      (2) On acquiring all or substantially all of the land located in section 36, township 8 south, range 4 east, of the Willamette Meridian, Marion County, Oregon, commonly known as the Rosboro section, by exchange, purchase from a willing seller, or by donation, the Secretary shall expand the boundary of the Scenic Recreation Area to include such land.

      (3) On acquiring all or substantially all of the land located in section 18, township 8 south, range 5 east, Marion County, Oregon, commonly known as the Times Mirror property, by exchange, purchase from a willing seller, or by donation, such land shall be included in and become a part of the Opal Creek Wilderness.

SEC. 105. ADMINISTRATION OF THE SCENIC RECREATION AREA.

    (a) IN GENERAL- The Secretary shall administer the Scenic Recreation Area in accordance with this title and the laws (including regulations) applicable to the National Forest System.

    (b) OPAL CREEK MANAGEMENT PLAN-

      (1) IN GENERAL- Not later than 2 years after the date of establishment of the Scenic Recreation Area, the Secretary, in consultation with the advisory committee established under section 106(a), shall prepare a comprehensive Opal Creek Management Plan (Management Plan) for the Scenic Recreation Area.

      (2) INCORPORATION IN LAND AND RESOURCE MANAGEMENT PLAN- Upon its completion, the Opal Creek Management Plan shall become part of the land and resource management plan for the Willamette National Forest and supersede any conflicting provision in such land and resource management plan. Nothing in this paragraph shall be construed to supersede the requirements of the Endangered Species Act or the National Forest Management Act or regulations promulgated under those Acts, or any other law.

      (3) REQUIREMENTS- The Opal Creek Management Plan shall provide for a broad range of land uses, including--

        (A) recreation;

        (B) harvesting of nontraditional forest products, such as gathering mushrooms and material to make baskets; and

        (C) educational and research opportunities.

      (4) PLAN AMENDMENTS- The Secretary may amend the Opal Creek Management Plan as the Secretary may determine to be necessary, consistent with the procedures and purposes of this title.

    (c) RECREATION-

      (1) RECOGNITION- Congress recognizes recreation as an appropriate use of the Scenic Recreation Area.

      (2) MINIMUM LEVELS- The management plan shall permit recreation activities at not less than the levels in existence on the date of enactment of this title.

      (3) HIGHER LEVELS- The management plan may provide for levels of recreation use higher than the levels in existence on the date of enactment of this title if such uses are consistent with the protection of the resource values of Scenic Recreation Area.

      (4) The management plan may include public trail access through section 28, township 8 south, range 5 east, Willamette Meridian, to Battle Axe Creek, Opal Pool and other areas in the Opal Creek Wilderness and the Opal Creek Scenic Recreation Area.

    (d) TRANSPORTATION PLANNING-

      (1) IN GENERAL- Except as provided in this subparagraph, motorized vehicles shall not be permitted in the Scenic Recreation Area. To maintain reasonable motorized and other access to recreation sites and facilities in existence on the date of enactment of this title, the Secretary shall prepare a transportation plan for the Scenic Recreation Area that:

        (A) evaluates the road network within the Scenic Recreation Area to determine which roads should be retained and which roads should be closed;

        (B) provides guidelines for transportation and access consistent with this title;

        (C) considers the access needs of persons with disabilities in preparing the transportation plan for the Scenic Recreation Area;

        (D) allows forest road 2209 beyond the gate to the Scenic Recreation Area, as depicted on the map described in 102(2), to be used by motorized vehicles only for administrative purposes and for access by private inholders, subject to such terms and conditions as the Secretary may determine to be necessary; and

        (E) restricts construction on or improvements to forest road 2209 beyond the gate to the Scenic Recreation Area to maintaining the character of the road as it existed upon the date of enactment of this title, which shall not include paving or widening. In order to comply with subsection 107(b) of this title, the Secretary may make improvements to forest road 2209 and its bridge structures consistent with the character of the road as it existed on the date of enactment of this title.

    (e) HUNTING AND FISHING-

      (1) IN GENERAL- Subject to applicable Federal and State law, the Secretary shall permit hunting and fishing in the Scenic Recreation Area.

      (2) LIMITATION- The Secretary may designate zones in which, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, or public use and enjoyment of the Scenic Recreation Area.

      (3) CONSULTATION- Except during an emergency, as determined by the Secretary, the Secretary shall consult with the Oregon State Department of Fish and Wildlife before issuing any regulation under this subsection.

    (f) TIMBER CUTTING-

      (1) IN GENERAL- Subject to paragraph (2), the Secretary shall prohibit the cutting and/or selling of trees in the Scenic Recreation Area.

      (2) PERMITTED CUTTING-

        (A) IN GENERAL- Subject to subparagraph (B), the Secretary may allow the cutting of trees in the Scenic Recreation Area only--

          (i) for public safety, such as to control the continued spread of a forest fire in the Scenic Recreation Area or on land adjacent to the Scenic Recreation Area;

          (ii) for activities related to administration of the Scenic Recreation Area, consistent with the Opal Creek Management Plan; or

          (iii) for removal of hazard trees along trails and roadways.

        (B) SALVAGE SALES- The Secretary may not allow a salvage sale in the Scenic Recreation Area.

    (g) Withdrawal-

      (1) Subject to valid existing rights, all lands in the Scenic Recreation Area are withdrawn from--

        (i) any form of entry, appropriation, or disposal under the public land laws;

        (ii) location, entry, and patent under the mining laws; and

        (iii) disposition under the mineral and geothermal leasing laws.

    (h) Bornite Project-

      (1) Nothing in this title shall be construed to interfere with or approve any exploration, mining, or mining-related activity in the Bornite Project Area, depicted on the map described in subsection 102(3), conducted in accordance with applicable laws.

      (2) Nothing in this title shall be construed to interfere with the ability of the Secretary to approve and issue, or deny, special use permits in connection with exploration, mining, and mining-related activities in the Bornite Project Area.

      (3) Motorized vehicles, roads, structures, and utilities (including but not limited to power lines and water lines) may be allowed inside the Scenic Recreation Area to serve the activities conducted on land within the Bornite Project.

      (4) After the date of enactment of this title, no patent or claim shall be issued for any mining claim under the general mining laws located within the Bornite Project Area.

    (i) WATER IMPOUNDMENTS- Notwithstanding the Federal Power Act (16 U.S.C. 791a et seq.), the Federal Energy Regulatory Commission may not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project work in the Scenic Recreation Area, except as may be necessary to comply with the provisions of subsection 105(h) with regard to the Bornite Project.

    (j) Cultural and Historic Resource Inventory-

      (1) IN GENERAL- Not later than 1 year after the date of establishment of the Scenic Recreation Area, the Secretary shall review and revise the inventory of the cultural and historic resources on the public land in the Scenic Recreation Area developed pursuant to the Oregon Wilderness Act of 1984 (Public Law 98-328; 16 U.S.C. 1132).

      (2) INTERPRETATION- Interpretive activities shall be developed under the management plan in consultation with State and local historic preservation organizations and shall include a balanced and factual interpretation of the cultural, ecological, and industrial history of forestry and mining in the Scenic Recreation Area.

    (k) PARTICIPATION- So that the knowledge, expertise, and views of all agencies and groups may contribute affirmatively to the most sensitive present and future use of the Scenic Recreation Area and its various subareas for the benefit of the public:

      (1) ADVISORY COUNCIL- The Secretary shall consult on a periodic and regular basis with the advisory council established under section 106 with respect to matters relating to management of the Scenic Recreation Area.

      (2) PUBLIC PARTICIPATION- The Secretary shall seek the views of private groups, individuals, and the public concerning the Scenic Recreation Area.

      (3) OTHER AGENCIES- The Secretary shall seek the views and assistance of, and cooperate with, any other Federal, State, or local agency with any responsibility for the zoning, planning, or natural resources of the Scenic Recreation Area.

      (4) NONPROFIT AGENCIES AND ORGANIZATIONS- The Secretary shall seek the views of any nonprofit agency or organization that may contribute information or expertise about the resources and the management of the Scenic Recreation Area.

SEC. 106. ADVISORY COUNCIL.

    (a) ESTABLISHMENT- Not later than 90 days after the establishment of the Scenic Recreation Area, the Secretary shall establish an advisory council for the Scenic Recreation Area.

    (b) MEMBERSHIP- The advisory council shall consist of not more than 13 members, of whom--

      (1) 1 member shall represent Marion County, Oregon, and shall be designated by the governing body of the county;

      (2) 1 member shall represent the State of Oregon and shall be designated by the Governor of Oregon; and

      (3) 1 member shall represent the city of Salem, and shall be designated by the mayor of Salem, Oregon;

      (4) 1 member from a city within a 25-mile radius of the Opal Creek Scenic Recreation Area, to be designated by the Governor of the State of Oregon from a list of candidates provided by the mayors of the cities located within a 25-mile radius of the Opal Creek Scenic Recreation Area; and

      (5) not more than 9 members shall be appointed by the Secretary from among persons who, individually or through association with a national or local organization, have an interest in the administration of the Scenic Recreation Area, including, but not limited to, representatives of the timber industry, environmental organizations, the mining industry, inholders in the Opal Creek Wilderness and Scenic Recreation Area, economic development interests and Indian Tribes.

    (c) STAGGERED TERMS- Members of the advisory council shall serve for staggered terms of three years.

    (d) CHAIRMAN- The Secretary shall designate one member of the advisory council as chairman.

    (e) VACANCIES- The Secretary shall fill a vacancy on the advisory council in the same manner as the original appointment.

    (f) COMPENSATION- Members of the advisory council shall receive no compensation for service on the advisory council.

SEC. 107. GENERAL PROVISIONS.

    (a) Land Acquisition-

      (1) IN GENERAL- Subject to the other provisions of this title the Secretary may acquire any lands or interests in land in the Scenic Recreation Area or the Opal Creek Wilderness that the Secretary determines are needed to carry out this title.

      (2) PUBLIC LAND- Any lands or interests in land owned by a State or a political subdivision of a State may be acquired only by donation or exchange.

      (3) CONDEMNATION- Within the boundaries of the Opal Creek Wilderness or the Scenic Recreation Area, the Secretary may not acquire any privately owned land or interest in land without the consent of the owner unless the Secretary finds that--

        (A) the nature of land use has changed significantly, or the landowner has demonstrated intent to change the land use significantly, from the use that existed on the date of the enactment of this title; and

        (B) acquisition by the Secretary of the land or interest in land is essential to ensure use of the land or interest in land in accordance with

the purposes of this title or the management plan prepared under section 105(b).

      (4) Nothing in this title shall be construed to enhance or diminish the condemnation authority available to the Secretary outside the boundaries of the Opal Creek Wilderness or the Scenic Recreation Area.

    (b) Environmental Response Actions and Cost Recovery-

      (1) RESPONSE ACTIONS- Nothing in this title shall limit the authority of the Secretary or a responsible party to conduct an environmental response action in the Scenic Recreation Area in connection with the release, threatened release, or cleanup of a hazardous substance, pollutant, or contaminant, including a response action conducted under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

      (2) LIABILITY- Nothing in this title shall limit the authority of the Secretary or a responsible party to recover costs related to the release, threatened release, or cleanup of any hazardous substance or pollutant or contaminant in the Scenic Recreation Area.

    (c) Maps and Description-

      (1) IN GENERAL- As soon as practicable after the date of enactment of this title, the Secretary shall file a map and a boundary description for the Opal Creek Wilderness and for the Scenic Recreation Area with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

      (2) FORCE AND EFFECT- The boundary description and map shall have the same force and effect as if the description and map were included in this title, except that the Secretary may correct clerical and typographical errors in the boundary description and map.

      (3) AVAILABILITY- The map and boundary description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture.

    (d) Nothing in this title shall interfere with any activity for which a special use permit has been issued, has not been revoked, and has not expired, before the date of enactment of this title, subject to the terms of the permit.

SEC. 108. ROSBORO LAND EXCHANGE.

    (a) AUTHORIZATION- Notwithstanding any other law, if the Rosboro Lumber Company (referred to in this section as ‘Rosboro’) offers and conveys marketable title to the United States to the land described in subsection (b), the Secretary of Agriculture shall convey all right, title and interest held by the United States to sufficient lands described in subsection (c) to Rosboro, in the order in which they appear in subsection (c), as necessary to satisfy the equal value requirements of subsection (d).

    (b) LAND TO BE OFFERED BY ROSBORO- The land referred to in subsection (a) as the land to be offered by Rosboro shall comprise Section 36, Township 8 South, range 4 east, Willamette Meridian.

    (c) LAND TO BE CONVEYED BY THE UNITED STATES- The land referred to in subsection (a) as the land to be conveyed by the United States shall comprise sufficient land from the following prioritized list to be of equal value under subparagraph (d):

      (1) Section 5, Township 17 South, Range 4 East, Lot 7 (37.63 acres).

      (2) Section 2, Township 17 South, Range 4 East, Lot 3 (29.28 acres).

      (3) Section 13, Township 17 South, Range 4 East, S 1/2 SE 1/4 (80 acres).

      (4) Section 2, Township 17 South, Range 4 East, SW 1/4 SW 1/4 (40 acres).

      (5) Section 2, Township 17 South, Range 4 East, NW 1/4 SE 1/4 (40 acres).

      (6) Section 8, Township 17 South, Range 4 East, SE 1/4 SW 1/4 (40 acres).

      (7) Section 11, Township 17 South, Range 4 East, W 1/2 NW 1/4 (80 acres).

    (d) EQUAL VALUE- The land and interests in land exchanged under this section shall be of equal market value as determined by nationally recognized appraisal standards, including, to the extent appropriate, the Uniform Standards for Federal Land Acquisition, the Uniform Standards of Professional Appraisal Practice, or shall be equalized by way of payment of cash pursuant to the provisions of section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)), and other applicable law. The appraisal shall consider access costs for the parcels involved.

    (e) Timetable-

      (1) The exchange directed by this section shall be consummated not later than 120 days after the date Rosboro offers and conveys the property described in subsection (b) to the United States.

      (2) The authority provided by this section shall lapse if Rosboro fails to offer the land described in subsection (b) within two years after the date of enactment of this title.

    (f) Rosboro shall have the right to challenge in United States District Court for the District of Oregon a determination of marketability under subsection (a) and a determination of value for the lands described in subsections (b) and (c) by the Secretary of Agriculture. The Court shall have the authority to order the Secretary to complete the transaction contemplated in this Section.

    (g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out this section.

SEC. 109. DESIGNATION OF ELKHORN CREEK AS A WILD AND SCENIC RIVER.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

    ‘( ) (A) ELKHORN CREEK- The 6.4 mile segment traversing federally administered lands from that point along the Willamette National Forest boundary on the common section line between Sections 12 and 13, Township 9 South, Range 4 East, Willamette Meridian, to that point where the segment leaves federal ownership along the Bureau of Land Management boundary in Section 1, Township 9 South, Range 3 East, Willamette Meridian, in the following classes:

      ‘(i) a 5.8-mile wild river area, extending from that point along the Willamette National Forest boundary on the common section line between Sections 12 and 13, Township 9 South, Range 4 East, Willamette Meridian, to its confluence with Buck Creek in Section 1, Township 9 South, Range 3 East, Willamette Meridian, to be administered as agreed on by the Secretaries of Agriculture and the Interior, or as directed by the President; and

      ‘(ii) a 0.6-mile scenic river area, extending from the confluence with Buck Creek in Section 1, Township 9 South, Range 3 East, Willamette Meridian, to that point where the segment leaves federal ownership along the Bureau of Land Management boundary in Section 1, Township 9 South, Range 3 East, Willamette Meridian, to be administered by the Secretary of Interior, or as directed by the President.

    ‘(B) Notwithstanding section 3(b) of this Act, the lateral boundaries of both the wild river area and the scenic river area along Elkhorn Creek shall include an average of not more than 640 acres per mile measured from the ordinary high water mark on both sides of the river.’

SEC. 110. ECONOMIC DEVELOPMENT.

    (a) ECONOMIC DEVELOPMENT PLAN- As a condition for receiving funding under subsection (b) of this section, the State of Oregon, in consultation with Marion County and the Secretary of Agriculture, shall develop a plan for economic development projects for which grants under this section may be used in a manner consistent with this title and to benefit local communities in the vicinity of the Opal Creek area. Such plan shall be based on an economic opportunity study and other appropriate information.

    (b) FUNDS PROVIDED TO THE STATES FOR GRANTS- Upon completion of the Opal Creek Management Plan, and receipt of the plan referred to in subsection (a) of this section, the Secretary shall provide, subject to appropriations, $15,000,000, to the State of Oregon. Such funds shall be used to make grants or loans for economic development projects that further the purposes of this title and benefit the local communities in the vicinity of Opal Creek.

    (c) REPORT- The State of Oregon shall--

      (1) prepare and provide the Secretary and Congress with an annual report on the use of the funds made available under this section;

      (2) make available to the Secretary and to Congress, upon request, all accounts, financial records, and other information related to grants and loans made available pursuant to this section; and

      (3) as loans are repaid, make additional grants and loans with the money made available for obligation by such repayments.

TITLE II--UPPER KLAMATH BASIN

SEC. 201. UPPER KLAMATH BASIN ECOLOGICAL RESTORATION PROJECTS.

    (a) DEFINITIONS- In this section:

      (1) ECOSYSTEM RESTORATION OFFICE- The term ‘Ecosystem Restoration Office’ means the Klamath Basin Ecosystem Restoration Office operated cooperatively by the United States Fish and Wildlife Service, Bureau of Reclamation, Bureau of Land Management, and Forest Service.

      (2) WORKING GROUP- The term ‘Working Group’ means the Upper Klamath Basin Working Group, established before the date of enactment of this title, consisting of members nominated by their represented groups, including:

        (A) 3 tribal members;

        (B) 1 representative of the city of Klamath Falls, Oregon;

        (C) 1 representative of Klamath County, Oregon;

        (D) 1 representative of institutions of higher education in the Upper Klamath Basin;

        (E) 4 representatives of the environmental community, including at least one such representative from the State of California with interests in the Klamath Basin National Wildlife Refuge Complex;

        (F) 4 representatives of local businesses and industries, including at least one representative of the wood products industry and one representative of the ocean commercial fishing industry and/or the recreational fishing industry based in either Oregon or California;

        (G) 4 representatives of the ranching and farming community, including representatives of Federal lease-land farmers and ranchers and of private land farmers and ranchers in the Upper Klamath Basin;

        (H) 2 representatives from State of Oregon agencies with authority and responsibility in the Klamath River Basin, including one from the Oregon Department of Fish and Wildlife and one from the Oregon Water Resources Department;

        (I) 4 representatives from the local community;

        (J) 1 representative each from the following Federal resource management agencies in the Upper Klamath Basin: Fish and Wildlife Service, Bureau of Reclamation, Bureau of Land Management, Bureau of Indian Affairs, Forest Service, Natural Resources Conservation Service, National Marine Fisheries Service and Ecosystem Restoration Office; and

        (K) 1 representative of the Klamath County Soil and Water Conservation District.

      (3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

      (4) TASK FORCE- The term ‘Task Force’ means the Klamath River Basin Fisheries Task Force as established by the Klamath River Basin Fishery Resource Restoration Act (Public Law 99-552, 16 U.S.C. 460ss-3, et.seq.).

      (5) COMPACT COMMISSION- The term ‘Compact Commission’ means the Klamath River Basin Compact Commission created pursuant to the Klamath River Compact Act of 1954.

      (6) CONSENSUS- The term ‘consensus’ means a unanimous agreement by the Working Group members present and consisting of at least a quorum at a regularly scheduled business meeting.

      (7) QUORUM- The term ‘quorum’ means one more than half of those qualified Working Group members appointed and eligible to serve.

      (8) TRINITY TASK FORCE- The term ‘Trinity Task Force’ means the Trinity River Restoration Task Force created by Public Law 98-541, as amended by Public Law 104-143.

    (b) IN GENERAL-

      (1) The Working Group through the Ecosystem Restoration Office, with technical assistance from the Secretary, will propose ecological restoration projects, economic development and stability projects, and projects designed to reduce the impacts of drought conditions to be undertaken in the Upper Klamath Basin based on a consensus of the Working Group membership.

      (2) The Secretary shall pay, to the greatest extent feasible, up to 50 percent of the cost of performing any project approved by the Secretary or his designee, up to a total amount of $1,000,000 during each of fiscal years 1997 through 2001.

      (3) Funds made available under this title through the Department of the Interior or the Department of Agriculture shall be distributed through the Ecosystem Restoration Office.

      (4) The Ecosystem Restoration Office may utilize not more than 15 percent of all Federal funds administered under this section for administrative costs relating to the implementation of this title.

      (5) All funding recommendations developed by the Working Group shall be based on a consensus of Working Group members.

    (c) COORDINATION-

      (1) The Secretary shall formulate a cooperative agreement among the Working Group, the Task Force, the Trinity Task Force and the Compact Commission for the purposes of ensuring that projects proposed and funded through the Working Group are consistent with other basin-wide fish and wildlife restoration and conservation plans, including but not limited to plans developed by the Task Force and the Compact Commission.

      (2) To the greatest extent practicable, the Working Group shall provide notice to, and accept input from, two members each of the Task Force, the Trinity Task Force, and the Compact Commission, so appointed by those entities, for the express purpose of facilitating better communication and coordination regarding additional basin-wide fish and wildlife and ecosystem restoration and planning efforts. The roles and relationships of the entities involved shall be clarified in the cooperative agreement.

    (d) PUBLIC MEETINGS- The Working Group shall conduct all meetings subject to applicable open meeting and public participation laws. The chartering requirements of 5 U.S.C. App 2 ss 1-15 are hereby deemed to have been met by this section.

    (e) TERMS AND VACANCIES- Working Group members shall serve for 3-year terms, beginning on the date of enactment of this title. Vacancies which occur for any reason after the date of enactment of this title shall be filled by direct appointment of the governor of the State of Oregon, in consultation with the Secretary of the Interior and the Secretary of Agriculture, in accordance with nominations from the appropriate groups, interests, and government agencies outlined in subsection (a)(2).

    (f) RIGHTS, DUTIES AND AUTHORITIES UNAFFECTED- The Working Group will supplement, rather than replace, existing efforts to manage the natural resources of the Klamath Basin. Nothing in this title affects any legal right, duty or authority of any person or agency, including any member of the working group.

    (g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this title $1,000,000 for each of fiscal years 1997 through 2002.

TITLE III--DESCHUTES BASIN

SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.

    (a) DEFINITIONS- In this section:

      (1) WORKING GROUP- The term ‘Working Group’ means the Deschutes River Basin Working Group established before the date of enactment of this title, consisting of members nominated by their represented groups, including:

        (A) 5 representatives of private interests including one each from hydroelectric production, livestock grazing, timber, land development, and recreation/tourism;

        (B) 4 representatives of private interests including two each from irrigated agriculture and the environmental community;

        (C) 2 representatives from the Confederated Tribes of the Warm Springs Reservation of Oregon;

        (D) 2 representatives from Federal agencies with authority and responsibility in the Deschutes River Basin, including one from the Department of the Interior and one from the Agriculture Department;

        (E) 2 representatives from the State of Oregon agencies with authority and responsibility in the Deschutes River Basin, including one from the Oregon Department of Fish and Wildlife and one from the Oregon Water Resources Department; and

        (F) 4 representatives from county or city governments within the Deschutes River Basin county and/or city governments.

      (2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

      (3) FEDERAL AGENCIES- The term ‘Federal agencies’ means agencies and departments of the United States, including, but not limited to, the Bureau of Reclamation, Bureau of Indian Affairs, Bureau of Land Management, Fish and Wildlife Service, Forest Service, Natural Resources Conservation Service, Farm Services Agency, the National Marine Fisheries Service, and the Bonneville Power Administration.

      (4) CONSENSUS- The term ‘consensus’ means a unanimous agreement by the Working Group members present and constituting at least a quorum at a regularly scheduled business meeting.

      (5) QUORUM- The term ‘quorum’ means one more than half of those qualified Working Group members appointed and eligible to serve.

    (b) IN GENERAL-

      (1) The Working Group will propose ecological restoration projects on both Federal and non-Federal lands and waters to be undertaken in the Deschutes River Basin based on a consensus of the Working Group, provided that such projects, when involving Federal land or funds, shall be proposed to the Bureau of Reclamation in the Department of the Interior and any other Federal agency with affected land or funds.

      (2) The Working Group will accept donations, grants or other funds and place such funds received into a trust fund, to be expended on ecological restoration projects which, when involving Federal land or funds, are approved by the affected Federal agency.

      (3) The Bureau of Reclamation shall pay from funds authorized under subsection (h) of this title up to 50 percent of the cost of performing any project proposed by the Working Group and approved by the Secretary, up to a total amount of $1,000,000 during each of the fiscal years 1997 through 2001.

      (4) Non-Federal contributions to project costs for purposes of computing the Federal matching share under paragraph (3) of this subsection may include in-kind contributions.

      (5) Funds authorized in subsection (h) of this title shall be maintained in and distributed by the Bureau of Reclamation in the Department of the Interior. The Bureau of Reclamation shall not expend more than 5 percent of amounts appropriated pursuant to subsection (h) for Federal administration of such appropriations pursuant to this title.

      (6) The Bureau of Reclamation is authorized to provide by grant to the Working Group not more than 5 percent of funds appropriated pursuant to subsection (h) of this title for not more than 50 percent of administrative costs relating to the implementation of this title.

      (7) The Federal agencies with authority and responsibility in the Deschutes River Basin shall provide technical assistance to the Working Group and shall designate representatives to serve as members of the Working Group.

      (8) All funding recommendations developed by the Working Group shall be based on a consensus of the Working Group members.

    (c) PUBLIC NOTICE AND PARTICIPATION- The Working Group shall conduct all meetings subject to applicable open meeting and public participation laws. The chartering requirements of 5 U.S.C. App 2 ss 1-15 are hereby deemed to have been met by this section.

    (d) PRIORITIES- The Working Group shall give priority to voluntary market-based economic incentives for ecosystem restoration including, but not limited to, water leases and purchases; land leases and purchases; tradable discharge permits; and acquisition of timber, grazing, and land development rights to implement plans, programs, measures, and projects.

    (e) TERMS AND VACANCIES- Members of the Working Group representing governmental agencies or entities shall be named by the represented government agency. Members of the Working Group representing private interests shall be named in accordance with the articles of incorporation and bylaws of the Working Group. Representatives from Federal agencies will serve for terms of 3 years. Vacancies which occur for any reason after the date of enactment of this title shall be filled in accordance with this title.

    (f) ADDITIONAL PROJECTS- Where existing authority and appropriations permit, Federal agencies may contribute to the implementation of projects recommended by the Working Group and approved by the Secretary.

    (g) RIGHTS, DUTIES AND AUTHORITIES UNAFFECTED- The Working Group will supplement, rather than replace, existing efforts to manage the natural resources of the Deschutes Basin. Nothing in this title affects any legal right, duty or authority of any person or agency, including any member of the working group.

    (h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this title $1,000,000 for each of fiscal years 1997 through 2001.

TITLE IV--MOUNT HOOD CORRIDOR

SEC. 401. LAND EXCHANGE.

    (a) AUTHORIZATION- Notwithstanding any other law, if Longview Fibre Company (referred to in this section as ‘Longview’) offers and conveys title that is acceptable to the United States to some or all of the land described in subsection (b), the Secretary of the Interior (referred to in this section as the ‘Secretary’) shall convey to Longview title to some or all of the land described in subsection (c), as necessary to satisfy the requirements of subsection (d).

    (b) LAND TO BE OFFERED BY LONGVIEW- The land referred to in subsection (a) as the land to be offered by Longview are those lands depicted on the map entitled ‘Mt. Hood Corridor Land Exchange Map’, dated July 18, 1996.

    (c) LAND TO BE CONVEYED BY THE SECRETARY- The land referred to in subsection (a) as the land to be conveyed by the Secretary are those lands depicted on the map entitled ‘Mt. Hood Corridor Land Exchange Map’, dated July 18, 1996.

    (d) EQUAL VALUE- The land and interests in land exchanged under this section shall be of equal market value as determined by nationally recognized appraisal standards, including, to the extent appropriate, the Uniform Standards for Federal Land Acquisition, the Uniform Standards of Professional Appraisal Practice, or shall be equalized by way of payment of cash pursuant to the provisions of section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)), and other applicable law.

    (e) REDESIGNATION OF LAND TO MAINTAIN REVENUE FLOW- So as to maintain the current flow of revenue from land subject to the Act entitled ‘An Act relating to the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant land situated in the State of Oregon’, approved August 28, 1937 (43 U.S.C. 1181a et seq.), the Secretary may redesignate public domain land located in and west of Range 9 East, Willamette Meridian, Oregon, as land subject to that Act.

    (f) TIMETABLE- The exchange directed by this section shall be consummated not later than 1 year after the date of enactment of this title.

    (g) WITHDRAWAL OF LANDS- All lands managed by the Department of the Interior, Bureau of Land Management, located in Townships 2 and 3 South, Ranges 6 and 7 East, Willamette Meridian, which can be seen from the right-of-way of U.S. Highway 26 (in this section, such lands are referred to as the ‘Mt. Hood Corridor Lands’), shall be managed primarily for the protection or enhancement of scenic qualities. Management prescriptions for other resource values associated with these lands shall be planned and conducted for purposes other than timber harvest, so as not to impair the scenic qualities of the area.

    (h) TIMBER CUTTING- Timber cutting may be conducted on Mt. Hood Corridor Lands following a resource-damaging catastrophic event. Such cutting may only be conducted to achieve the following resource management objectives, in compliance with the current land use plans--

      (1) to maintain safe conditions for the visiting public;

      (2) to control the continued spread of forest fire;

      (3) for activities related to administration of the Mt. Hood Corridor Lands; or

      (4) for removal of hazard trees along trails and roadways.

    (i) ROAD CLOSURE- The forest road gate located on Forest Service Road 2503, located in T. 2 S., R. 6 E., sec. 14, shall remain closed and locked to protect resources and prevent illegal dumping and vandalism. Access to this road shall be limited to--

      (1) Federal and State officers and employees acting in an official capacity;

      (2) employees and contractors conducting authorized activities associated with the telecommunication sites located in T. 2 S., R. 6 E., sec. 14; and

      (3) the general public for recreational purposes, except that all motorized vehicles will be prohibited.

    (j) NEPA EXEMPTION- The National Environmental Policy Act of 1969 (Public Law 91-190) shall not apply to this section for one year after the date of enactment of this title.

    (k) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out this section.

TITLE V--COQUILLE TRIBAL FOREST

SEC. 501. CREATION OF THE COQUILLE FOREST.

    (a) The Coquille Restoration Act (P.L. 101-42) is amended by inserting at the end of section 5 the following:

    ‘(d) CREATION OF THE COQUILLE FOREST-

      ‘(1) DEFINITIONS- In this subsection:

        ‘(A) the term ‘Coquille Forest’ means certain lands in Coos County, Oregon, comprising approximately 5,400 acres, as generally depicted on the map entitled ‘Coquille Forest Proposal’, dated July 8, 1996.

        ‘(B) the term ‘Secretary’ means the Secretary of the Interior.

        ‘(C) the term ‘the Tribe’ means the Coquille Tribe of Coos County, Oregon.

      ‘(2) MAP- The map described in subparagraph (d)(1)(A), and such additional legal descriptions which are applicable, shall be placed on file at the local District Office of the Bureau of Land Management, the Agency Office of the Bureau of Indian Affairs, and with the Senate Committee on Energy and Natural Resources and the House Committee on Resources.

      ‘(3) INTERIM PERIOD- From the date of enactment of this subsection until two years after the date of enactment of this subsection, the Bureau of Land Management shall:

        ‘(A) retain Federal jurisdiction for the management of lands designated under this subsection as the Coquille Forest and continue to distribute revenues from such lands in a manner consistent with existing law; and,

        ‘(B) prior to advertising, offering or awarding any timber sale contract on lands designated under this subsection as the Coquille Forest, obtain the approval of the Assistant Secretary for Indian Affairs, acting on behalf of and in consultation with the Tribe.

      ‘(4) TRANSITION PLANNING AND DESIGNATION-

        ‘(A) During the two year interim period provided for in paragraph (3), the Assistant Secretary for Indian Affairs, acting on behalf of and in consultation with the Tribe, is authorized to initiate development of a forest management plan for the Coquille Forest. The Secretary, acting through the Director of the Bureau of Land Management, shall cooperate and assist in the development of such plan and in the transition of forestry management operations for the Coquille Forest to the Assistant Secretary for Indian Affairs.

        ‘(B) Two years after the date of enactment of this subsection, the Secretary shall take the lands identified under subparagraph (d)(1)(A) into trust, and shall hold such lands in trust, in perpetuity, for the Coquille Tribe. Such lands shall be thereafter designated as the Coquille Forest.

        ‘(C) So as to maintain the current flow of revenue from land subject to the Act entitled ‘An Act relating to the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant land situated in the State of Oregon’ (the O&C Act), approved August 28, 1937 (43 U.S.C. 1181a et seq.), the Secretary shall redesignate, from public domain lands within the tribe’s service area, as defined in this Act, certain lands to be subject to the O&C Act. Lands redesignated under this subparagraph shall not exceed lands sufficient to constitute equivalent timber value as compared to lands constituting the Coquille Forest.

      ‘(5) MANAGEMENT- The Secretary of Interior, acting through the Assistant Secretary for Indian Affairs, shall manage the Coquille Forest under applicable State and Federal forestry and environmental protection laws, and subject to critical habitat designations under the Endangered Species Act, and subject to the standards and guidelines of Federal forest plans on adjacent or nearby Federal lands, now and in the future. The Secretary shall otherwise manage the Coquille Forest in accordance with the laws pertaining to the management of Indian Trust lands and shall distribute revenues in accord with Public Law 101-630, 25 U.S.C. 3107.

        ‘(A) Unprocessed logs harvested from the Coquille Forest shall be subject to the same Federal statutory restrictions on export to foreign Nations that apply to unprocessed logs harvested from Federal lands.

        ‘(B) Notwithstanding any other provision of law, all sales of timber from land subject to this subsection shall be advertised, offered and awarded according to competitive bidding practices, with sales being awarded to the highest responsible bidder.

      ‘(6) INDIAN SELF DETERMINATION ACT AGREEMENT- No sooner than two years after the date of enactment of this subsection, the Secretary may, upon a satisfactory showing of management competence and pursuant to the Indian Self-Determination Act (25 U.S.C. 450 et seq.), enter into a binding Indian self-determination agreement (agreement) with the Coquille Indian Tribe. Such agreement may provide for the tribe to carry out all or a portion of the forest management for the Coquille Forest.

        ‘(A) Prior to entering such an agreement, and as a condition of maintaining such an agreement, the Secretary must find that the Coquille Tribe has entered into a binding memorandum of agreement (MOA) with the State of Oregon, as required under paragraph 7.

        ‘(B) The authority of the Secretary to rescind the Indian self-determination agreement shall not be encumbered.

          ‘(i) The Secretary shall rescind the agreement upon a demonstration that the tribe and the State of Oregon are no longer engaged in a memorandum of agreement as required under paragraph 7.

          ‘(ii) The Secretary may rescind the agreement on a showing that the Tribe has managed the Coquille Forest in a manner inconsistent with this subsection, or the Tribe is no longer managing, or capable of managing, the Coquille Forest in a manner consistent with this subsection.

      ‘(7) MEMORANDUM OF AGREEMENT- The Coquille Tribe shall enter into a memorandum of agreement (MOA) with the State of Oregon relating to the establishment and management of the Coquille Forest. The MOA shall include, but not be limited to, the terms and conditions for managing the Coquille Forest in a manner consistent with paragraph (5) of this subsection, preserving public access, advancing jointly-held resource management goals, achieving tribal restoration objectives and establishing a coordinated management framework. Further, provisions set forth in the MOA shall be consistent with Federal trust responsibility requirements applicable to Indian trust lands and paragraph (5) of this subsection.

      ‘(8) PUBLIC ACCESS- The Coquille Forest shall remain open to public access for purposes of hunting, fishing, recreation and transportation, except when closure is required by state or federal law, or when the Coquille Indian Tribe and the State of Oregon agree in writing that restrictions on access are necessary or appropriate to prevent harm to natural resources, cultural resources or environmental quality: Provided, That the State of Oregon’s agreement shall not be required when immediate action is necessary to protect archeological resources.

      ‘(9) JURISDICTION-

        ‘(A) The United States District Court for the District of Oregon shall have jurisdiction over actions against the Secretary arising out of claims that this subsection has been violated. Consistent with existing precedents on standing to sue, any affected citizen may bring suit against the Secretary for violations of this subsection, except that suit may not be brought against the Secretary for claims that the MOA has been violated. The Court has the authority to hold unlawful and set aside actions pursuant to this subsection that are arbitrary and capricious, an abuse of discretion, or otherwise an abuse of law.

        ‘(B) The United States District Court for the District of Oregon shall have jurisdiction over actions between the State of Oregon and the Tribe arising out of claims of breach of the MOA.

        ‘(C) Unless otherwise provided for by law, remedies available under this subsection shall be limited to equitable relief and shall not include damages.

      ‘(10) STATE REGULATORY AND CIVIL JURISDICTION- In addition to the jurisdiction described in paragraph 7 of this subsection, the State of Oregon may exercise exclusive regulatory civil jurisdiction, including but not limited to adoption and enforcement of administrative rules and orders, over the following subjects:

        ‘(A) management, allocation and administration of fish and wildlife resources, including but not limited to establishment and enforcement of hunting and fishing seasons, bag limits, limits on equipment and methods, issuance of permits and licenses, and approval or disapproval of hatcheries, game farms, and other breeding facilities: Provided, That nothing herein shall be construed to permit the State of Oregon to manage fish or wildlife habitat on Coquille Forest lands;

        ‘(B) allocation and administration of water rights, appropriation of water and use of water;

        ‘(C) regulation of boating activities, including equipment and registration requirements, and protection of the public’s right to use the waterways for purposes of boating or other navigation;

        ‘(D) fills and removals from waters of the State, as defined in Oregon law;

        ‘(E) protection and management of the State’s proprietary interests in the beds and banks of navigable waterways;

        ‘(F) regulation of mining, mine reclamation activities, and exploration and drilling for oil and gas deposits;

        ‘(G) regulation of water quality, air quality (including smoke management), solid and hazardous waste, and remediation of releases of hazardous substances;

        ‘(H) regulation of the use of herbicides and pesticides; and

        ‘(I) enforcement of public health and safety standards, including standards for the protection of workers, well construction and codes governing the construction of bridges, buildings, and other structures.

      ‘(11) SAVINGS CLAUSE, STATE AUTHORITY-

        ‘(A) Nothing in this subsection shall be construed to grant tribal authority over private or State-owned lands.

        ‘(B) To the extent that the State of Oregon is regulating the foregoing areas pursuant to a delegated Federal authority or a Federal program, nothing in this subsection shall be construed to enlarge or diminish the State’s authority under such law.

        ‘(C) Where both the State of Oregon and the United States are regulating, nothing herein shall be construed to alter their respective authorities.

        ‘(D) To the extent that Federal law authorizes the Coquille Indian Tribe to assume regulatory authority over an area, nothing herein shall be construed to enlarge or diminish the tribe’s authority to do so under such law.

        ‘(E) Unless and except to the extent that the tribe has assumed jurisdiction over the Coquille Forest pursuant to Federal law, or otherwise with the consent of the State, the State of Oregon shall have jurisdiction and authority to enforce its laws addressing the subjects listed in subparagraph 10 of this subsection on the Coquille Forest against the Coquille Indian Tribe, its members and all other persons and entities, in the same manner and with the same remedies and protections and appeal rights as otherwise provided by general Oregon law. Where the State of Oregon and Coquille Indian Tribe agree regarding the exercise of tribal civil regulatory jurisdiction over activities on the Coquille Forest lands, the tribe may exercise such jurisdiction as is agreed upon.

      ‘(12) In the event of a conflict between Federal and State law under this subsection, Federal law shall control.’

TITLE VI--BULL RUN WATERSHED PROTECTION

    SEC. 601. The first sentence of section 2(a) of Public Law 95-200 is amended after ‘referred to in this subsection (a)’ by striking ‘2(b)’ and inserting in lieu thereof ‘2(c)’.

    SEC. 602. The first sentence of section 2(b) of Public Law 95-200 is amended after ‘the policy set forth in subsection (a)’ by inserting ‘and (b)’.

    SEC. 603. Section 2(b) of Public Law 95-200 is redesignated as ‘2(c)’.

    SEC. 604 (a) Public Law 95-200 is amended by adding a new subsection 2(b) immediately after subsection 2(a), as follows:

    ‘(b) TIMBER CUTTING-

      ‘(1) IN GENERAL- Subject to paragraph (2), the Secretary of Agriculture shall prohibit the cutting of trees in that part of the unit consisting of the hydrographic boundary of the Bull Run River Drainage, including certain lands within the unit and located below the headworks of the city of Portland, Oregon’s water storage and delivery project, and as depicted in a map dated July 22, 1996 and entitled ‘Bull Run River Drainage’.

      ‘(2) PERMITTED CUTTING-

        ‘(A) IN GENERAL- Subject to subparagraph (B), the Secretary of Agriculture shall prohibit the cutting of trees in the area described in paragraph (1).

        ‘(B) PERMITTED CUTTING- Subject to subparagraph (C), the Secretary may only allow the cutting of trees in the area described in paragraph (1)--

          ‘(i) for the protection or enhancement of water quality in the area described in paragraph (1); or

          ‘(ii) for the protection, enhancement, or maintenance of water quantity available from the area described in paragraph (1); or

          ‘(iii) for the construction, expansion, protection or maintenance of municipal water supply facilities; or

          ‘(iv) for the construction, expansion, protection or maintenance of facilities for the transmission of energy through and over the unit or previously authorized hydroelectric facilities or hydroelectric projects associated with municipal water supply facilities.

        ‘(C) SALVAGE SALES- The Secretary of Agriculture may not authorize a salvage sale in the area described in paragraph (1).’

    (b) Redesignate subsequent subsections of Public Law 95-200 accordingly.

SEC. 605. REPORT TO CONGRESS.

    (a) The Secretary of Agriculture shall, in consultation with the city of Portland and other affected parties, undertake a study of that part of the Little Sandy Watershed that is within the unit (hereinafter referred to as the ‘study area’), as depicted on the map described in section 604 of this title.

    (b) The study referred to in (a) shall determine--

      (1) the impact of management activities within the study area on the quality of drinking water provided to the Portland Metropolitan area;

      (2) the identity and location of certain ecological features within the study area, including late successional forest characteristics, aquatic and terrestrial wildlife habitat, significant hydrological values, or other outstanding natural features; and

      (3) the location and extent of any significant cultural or other values within the study area.

    (c) The study referred to in subsection (a) shall include both legislative and regulatory recommendations to Congress on the future management of the study area. In formulating such recommendations, the Secretary shall consult with the city of Portland and other affected parties.

    (d) To the greatest extent possible, the Secretary shall use existing data and processes to carry out this study and report.

    (e) The study referred to in subsection (a) shall be submitted to the Senate Committees on Energy and Natural Resources and Agriculture and the House Committees on Resources and Agriculture not later than one year from the date of enactment of this section.

    (f) The Secretary is prohibited from advertising, offering or awarding any timber sale within the study area for a period of two years after the date of enactment of this section.

    (g) Nothing in this section shall in any way affect any State or Federal law governing appropriation, use of or Federal right to water on or flowing through National Forest System lands. Nothing in this section is intended to influence the relative strength of competing claims to the waters of the Little Sandy River. Nothing in this section shall be construed to expand or diminish Federal, State, or local jurisdiction, responsibility, interests, or rights in water resources development or control, including rights in and current uses of water resources in the unit.

    SEC. 606. Lands within the Bull Run Management Unit, as defined in Public Law 95-200, but not contained within the Bull Run River Drainage, as defined by this title and as depicted on the map dated July 1996 described in section 604 of this title, shall continue to be managed in accordance with Public Law 95-200.

TITLE VII--OREGON ISLANDS WILDERNESS, ADDITIONS

SEC. 701. OREGON ISLANDS WILDERNESS, ADDITIONS.

    (a) In furtherance of the purposes of the Wilderness Act of 1964, certain lands within the boundaries of the Oregon Islands National Wildlife Refuge, Oregon, comprising approximately ninety-five acres and as generally depicted on a map entitled ‘Oregon Island Wilderness Additions--Proposed’ dated August 1996, are hereby designated as wilderness. The map shall be on file and available for public inspection in the offices of the Fish and Wildlife Service, Department of the Interior.

    (b) All other federally owned named, unnamed, surveyed and unsurveyed rocks, reefs, islets and islands lying within three geographic miles off the coast of Oregon and above mean high tide, not currently designated as wilderness and also within the Oregon Islands National Wildlife Refuge boundaries under the administration of the United States Fish and Wildlife Service, Department of the Interior, as designated by Executive Order 7035, Proclamation 2416, Public Land Orders 4395, 4475 and 6287, and Public Laws 91-504 and 95-450, are hereby designated as wilderness.

    (c) All federally owned named, unnamed, surveyed and unsurveyed rocks, reefs, islets and islands lying within three geographic miles off the coast of Oregon and above mean high tide, and presently under the jurisdiction of the Bureau of Land Management, except Chiefs Island, are hereby designated as wilderness, shall become part of the Oregon Islands National Wildlife Refuge and the Oregon Islands Wilderness and shall be under the jurisdiction of the United States Fish and Wildlife Service, Department of the Interior.

    (d) As soon as practicable after this title takes effect, a map of the wilderness area and a description of its boundaries shall be filed with the Senate Committee on Energy and Natural Resources and the House Committee on Resources, and such map shall have the same force and effect as if included in this title: Provided, however, That correcting clerical and typographical errors in the map and land descriptions may be made.

    (e) Public Land Order 6287 of June 16, 1982, which withdrew certain rocks, reefs, islets and islands lying within three geographical miles off the coast of Oregon and above mean high tide, including the ninety-five acres described in subsection (a), as an addition to the Oregon Islands National Wildlife Refuge is hereby made permanent.

TITLE VIII--UMPQUA RIVER LAND EXCHANGE STUDY

SEC. 801. UMPQUA RIVER LAND EXCHANGE STUDY: POLICY AND DIRECTION.

    (a) IN GENERAL- The Secretaries of the Interior and Agriculture (Secretaries) are hereby authorized and directed to consult, coordinate, and cooperate with the Umpqua Land Exchange Project (ULEP), affected units and agencies of State and local government, and, as appropriate, the World Forestry Center and National Fish and Wildlife Foundation, to assist ULEP’s ongoing efforts in studying and analyzing land exchange opportunities in the Umpqua River basin and to provide scientific, technical, research, mapping and other assistance and information to such entities. Such consultation, coordination, and cooperation shall at a minimum include, but not be limited to:

      (1) working with ULEP to develop or assemble comprehensive scientific and other information (including comprehensive and integrated mapping) concerning the Umpqua River Basin’s resources of forest, plants, wildlife, fisheries (anadromous and other), recreational opportunities, wetlands, riparian habitat, and other physical or natural resources;

      (2) working with ULEP to identify general or specific areas within the basin where land exchanges could promote consolidation of forestland ownership for long-term, sustained timber production; protection and restoration of habitat for plants, fish, and wildlife (including any federally listed threatened or endangered species); protection of drinking water supplies; recovery of threatened and endangered species; protection and restoration of wetlands, riparian lands, and other environmentally sensitive areas; consolidation of land ownership for improved public access and a broad array of recreational uses; and consolidation of land ownership to achieve management efficiency and reduced costs of administration; and

      (3) developing a joint report for submission to the Congress which discusses land exchange opportunities in the basin and outlines either a specific land exchange proposal or proposals which may merit consideration by the Secretaries or the Congress, or ideas and recommendations for new authorizations, direction, or changes in existing law or policy to expedite and facilitate the consummation of beneficial land exchanges in the basin via administrative means.

    (b) MATTERS FOR SPECIFIC STUDY- In analyzing land exchange opportunities with ULEP, the Secretaries shall give priority to assisting ULEP’s ongoing efforts in:

      (1) studying, identifying, and mapping areas where the consolidation of land ownership via land exchanges could promote the goals of long term species and watershed protection and utilization, including but not limited to the goals of the Endangered Species Act of 1973 more effectively than current land ownership patterns and whether any changes in law or policy applicable to such lands after consummation of an exchange would be advisable or necessary to achieve such goals;

      (2) studying, identifying and mapping areas where land exchanges might be utilized to better satisfy the goals of sustainable timber harvest, including studying whether changes in existing law or policy applicable to such lands after consummation of an exchange would be advisable or necessary to achieve such goals;

      (3) identifying issues and studying options and alternatives, including possible changes in existing law or policy, to insure that combined post-exchange revenues to units of local government from State and local property, severance, and other taxes or levies and shared Federal land receipts will approximate pre-exchange revenues;

      (4) identifying issues and studying whether possible changes in law, special appraisal instruction, or changes in certain Federal appraisal procedures might be advisable or necessary to facilitate the appraisal of potential exchange lands which may have special characteristics or restrictions affecting land values;

      (5) identifying issues and studying options and alternatives, including changes in existing laws or policy, for achieving land exchanges without reducing the net supply of timber available to small businesses;

      (6) identifying, mapping, and recommending potential changes in land use plans, land classifications, or other actions which might be advisable or necessary to expedite, facilitate or consummate land exchanges in certain areas;

      (7) analyzing potential sources for new or enhanced Federal, State, or other funding to promote improved resource protection, species recovery, and management in the basin; and

      (8) identifying and analyzing whether increased efficiency and better land and resource management could occur through either consolidation of Federal forest management under one agency or exchange lands between the Forest Service and the Bureau of Land Management.

SEC. 802. REPORT TO CONGRESS.

    No later than February 1, 1998, ULEP and the Secretaries shall submit a joint report to the Committee on Resources of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate concerning their studies, findings, recommendations, mapping and other activities conducted pursuant to this title.

SEC. 803. AUTHORIZATION OF APPROPRIATIONS.

    In furtherance of the purposes of this title, there is hereby authorized to be appropriated the sum of $2 million, to remain available until expended.

TITLE III--LOCAL EMPOWERMENT AND FLEXIBILITY PILOT ACT OF 1996

SECTION 301. SHORT TITLE.

    This Act may be cited as the ‘Local Empowerment and Flexibility Pilot Act of 1996.’

SEC. 302. FINDINGS.

    The Congress finds that--

      (1) historically, Federal programs have addressed the Nation’s problems by providing categorical financial assistance with detailed requirements relating to the use of funds;

      (2) while the assistance described in paragraph (1) has been directed at critical problems, some program requirements may inadvertently impede the effective delivery of services;

      (3) the Nation’s State, local, and tribal governments and private, nonprofit organizations are dealing with increasingly complex problems which require the delivery of many kinds of services;

      (4) our nation’s communities are diverse and many have innovative planning and community involvement strategies to comprehensively meet their particular service needs for providing services, but Federal, State, and local grant and other requirements often hamper effective implementation of such strategies.

      (5) it is more important than ever to provide programs that--

        (A) promote more effective and efficient delivery of services at all levels of government to meet the full range of needs of individuals, families, and society;

        (B) respond flexibly to the diverse needs of the Nation’s communities;

        (C) reduce the barriers between programs that impede the State, local, and tribal governments’ ability to effectively deliver services; and

        (D) empower State, local, and tribal governments and private, nonprofit organizations to be innovative in creating programs that meet the unique needs of their communities while continuing to address national policy goal.

SEC. 303. PURPOSES.

    The purposes of this Act are to--

      (1) improve the delivery of services to the public;

      (2) promote State, local and tribal governments and private, non-profit organizations and consortiums to identify goals to improve their communities and the lives of their citizens;

      (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 Federal financial assistance programs that have similar goals and purposes;

      (4) more effectively meet the goals and purposes of Federal, State and local financial assistance programs;

      (5) empower eligible applicants to work together to build stronger cooperative, intergovernmental and private partnerships to address critical service problems;

      (6) place less emphasis in Federal financial assistance programs on complying with procedures and more emphasis on achieving Federal, State, local and tribal policy goals;

      (7) facilitate State, local, and tribal government efforts to develop regional or metropolitan solutions to shared problems; and

      (8) improve intergovernmental efficiency.

SEC. 304. DEFINITIONS.

    For purposes of this Act:

      (1) AFFECTED FEDERAL AGENCY- The term ‘affected Federal agency’ means the Federal agency with principal authority for the administration of an eligible Federal financial assistance program included in a plan.

      (2) AFFECTED STATE AGENCY- The term ‘affected State agency’ means--

        (A) any State agency with authority for the administration of any State program or eligible Federal financial assistance program; and

        (B) with respect to education programs, the term shall include the State Education Agency as defined by the Elementary and Secondary Education Act and the Higher Education Act.

      (3) APPROVED FLEXIBILITY PLAN- The term ‘approved flexibility plan’ means a flexibility plan or that part of a flexibility plan, that is approved by the Community Empowerment Board under section 8.

      (4) BOARD- The term ‘Board’ means the Community Empowerment Board established under section 5.

      (5) DIRECTOR- The term ‘Director’ means the Director of the Office of Management and Budget.

      (6) ELIGIBLE APPLICANT- The term ‘eligible applicant’ means a State, local, or tribal government, qualified organization, or qualified consortium that is eligible to receive financial assistance under 1 or more eligible Federal financial assistance program.

      (7) ELIGIBLE FEDERAL FINANCIAL ASSISTANCE PROGRAM- The term ‘eligible Federal financial assistance program’--

        (A) except as provided in subparagraph (B), means a domestic assistance program (as defined under section 6101(4) of title 31, United States Code) under which financial assistance is available, directly or indirectly, to a State, local, or tribal government or a qualified organization to carry out activities consistent with national policy goals; and

        (B) does not include--

          (i) a Federal program under which direct financial assistance is provided by the Federal Government directly to an individual beneficiary of that financial assistance, or to a State to provide direct financial assistance, or to a State to provide direct financial or food voucher assistance directly to an individual beneficiary;

          (ii) a program carried out with direct spending (as defined in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)); or

          (iii) a program of assistance referred to in section 6101(4)(A)(ix) of title 31, United States Code or Section 3(10) of the Congressional Budget Act of 1974.

          (iv) any project specially designated in an appropriations act or its accompanying report.

      (10) FLEXIBILITY PLAN- The term ‘flexibility plan’ means a comprehensive plan or part of such plan for the coordination or integration and the 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.

      (11) GOALS AND PURPOSES- The term ‘goals and purposes’ means the goals and purposes embodied in an eligible Federal financial assistance program, including the targeted population embodied in that program.

      (12) LOCAL GOVERNMENT- The term ‘local government’ means--

        (A) a political subdivision of a State that is a unit of general local government (as defined under section 6501 of title 31, United States Code);

        (B) any combination of political subdivisions described in subparagraph (A) that submits an application to the Board; or

        (C) a local educational agency as defined under section 14101(18) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(18)).

      (13) QUALIFIED CONSORTIUM- The term ‘qualified consortium’ means a group that is composed of two or more qualified organizations, State, local, or tribal agencies that receive federally appropriated funds.

      (14) QUALIFIED ORGANIZATION- The term ‘qualified organization’ means a private, nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 501(a)).

      (15) SMALL GOVERNMENT- The term ‘small government’ means any small governmental jurisdiction defined in section 601(5) of title 5, United States Code, and a tribal government.

      (16) STATE- The term ‘State’ means each of the 50 States, the District of Columbia, Puerto Rico, American Samoa, Guam, and the Virgin Islands.

      (17) STATE LEGISLATIVE OFFICIAL- The term ‘State legislative official’ means--

        (A) the presiding officer of a chamber of a State legislature; and

        (B) the minority leader of a chamber of a State legislature.

      (18) TRIBAL GOVERNMENT- The term ‘tribal government’ means the governing entity of an Indian tribe, as that term is defined in the Indian Self Determination and Education Assistance Act (25 U.S.C. 450b).

SEC. 305. ESTABLISHMENT OF COMMUNITY EMPOWERMENT BOARD.

    (a) IN GENERAL- There is established a Community Empowerment Board, which shall consist of--

      (1) the Secretary of Housing and Urban Development;

      (2) the Secretary of Health and Human Services;

      (3) the Secretary of Agriculture;

      (4) the Secretary of Transportation;

      (5) the Secretary of Education;

      (6) the Secretary of Commerce;

      (7) the Secretary of Labor;

      (8) the Secretary of the Treasury;

      (9) the Attorney General;

      (10) the Secretary of the Interior;

      (11) the Secretary of Energy;

      (12) the Secretary of Veterans Affairs;

      (13) the Secretary of Defense;

      (14) the Director of the Federal Emergency Management Agency;

      (15) the Administrator of the Environmental Protection Agency;

      (16) the Director of the National Drug Control Policy;

      (17) the Administrator of the Small Business Administration;

      (18) the Director of the Office of Management and Budget;

      (19) the Administrator of General Services; and

      (20) other officials of the Executive Branch as directed by the President.

    (b) CHAIR- The President shall designate the Chair of the Board from among its members.

    (c) FUNCTIONS-

      (1) IN GENERAL- The Board shall--

        (A) no later than 180 days after implementation of this Act, select 6 states to participate in this Act;

        (B) receive, review, and approve or disapprove flexibility plans in accordance with section 7;

        (C) consider all requests for technical assistance from eligible applicants and, when appropriate, provide or direct that an affected Federal agency provide the head of an agency that administers an eligible Federal financial assistance program under which substantial Federal financial assistance would be provided under the plan to provide technical assistance to the eligible applicant, and to the extent permitted by law, special assistance to interested small governments to support the development and implementation of a flexibility plan, which may include expedited processing;

        (D) in consultation with the Director, monitor the progress of development and implementation of flexibility plans;

        (E) in consultation with the Director, coordinate and assist Federal agencies in identifying regulations of eligible Federal financial assistance programs for revision, repeal and coordination;

        (F) evaluate performance standards and evaluation criteria for eligible Federal financial assistance programs, and make specific recommendations to agencies regarding how to revise such standards and criteria in order to establish specific performance and outcome measures upon which the success of such programs and the success of the plan may be compared and evaluated; and

        (G) designate a Federal agency to be primarily responsible for the oversight, monitoring, and evaluation of the implementation of a plan.

      (2) QUALIFICATIONS FOR STATES- Of the 6 States selected for participation under paragraph 1--

        (A) 3 States shall each have a population of 3,500,000 or more as determined under the most recent decennial census; and

        (B) 3 States shall each have a population of 3,500,000 or less as determined under the most recent decennial census.

    (d) COORDINATION AND ASSISTANCE- The Director, in consultation with the Board, shall coordinate and assist Federal agencies in creating--

      (1) a uniform application to be used to apply for assistance from eligible Federal financial assistance programs;

      (2) a release form to be used by grantees to facilitate, where appropriate and otherwise lawful, the sharing of information across eligible Federal financial assistance programs; and

      (3) a system wherein an organization or consortium of organizations may use one proposal to apply for funding from multiple eligible Federal financial assistance programs.

    (e) DETAILS AND ASSIGNMENTS TO BOARD- At the request of the Board and with the approval of the appropriate Federal agency, staff of the agency may be detailed or assigned to the Board on a nonreimbursable basis.

    (f) INTERAGENCY FINANCING- Notwithstanding any other law, interagency financing is authorized to carry out the purposes of this Act.

    (g) JUDICIAL REVIEW- The actions of the Board shall not be subject to judicial review.

SEC. 306. APPLICATION FOR APPROVAL OF FLEXIBILITY PLAN.

    (a) IN GENERAL- An eligible applicant may submit to the Board in accordance with this section an application for approval of a flexibility plan.

    (b) CONTENTS OF APPLICATION- An application submitted under this section shall include--

      (1) a proposed flexibility plan that complies with subsection (c);

      (2) written certification by the chief executive of the applicant, and such additional assurances as may be required by the Board, that--

        (A) the applicant has the ability, authority, and resources to implement the proposed plan, throughout the geographic area in which the proposed plan is intended to apply;

        (B) amounts are available from non-Federal sources to pay the non-Federal share of all eligible Federal financial assistance programs included in the proposed plan; and

        (C) the flexibility plan prohibits the integration or combination of program funds across existing Federal financial assistance programs which do not have similar goals and purposes.

      (3) all comments on the proposed plan submitted under subsection (d) by a Governor, affected State agency, State legislative official, or a chief executive of a local or tribal government that would be directly affected by implementation of the proposed plan, and the applicant’s responses to those comments;

      (4) written documentation that the eligible applicant informed the affected community of the contents of the plan and gave the public and the affected population the opportunity to comment upon the plan, including at least one public hearing involving agencies, qualified organizations, eligible intended beneficiaries of the plan, and others directly affected by the plan;

      (5) the public comments, which shall include the comments of the affected population, received on the plan and the applicant’s responses to the significant comments; and

      (6) other relevant information the Board may require to review or approve the proposed plan.

    (c) CONTENTS OF PLAN- A flexibility plan submitted by an eligible applicant under this section shall include--

      (1) the geographic area and timeframe to which the plan applies and the rationale for selecting the area and timeframe;

      (2) the particular groups of individuals, by service needs, economic circumstances, or other defining factors, who currently receive services and benefits under the eligible Federal financial assistance programs included in the plan and the particular groups of individuals, by service needs, economic circumstances, or other defining factors who would receive services and benefits under the plan;

      (3) the specific goals and measurable performance criteria that demonstrate how the plan is expected to improve the delivery and effectiveness of services to the targeted population, including--

        (A) a description of how performance shall be measured under the plan when compared to the current performance of the eligible Federal financial assistance programs included in the plan; and

        (B) a system for the comprehensive evaluation of the impact of the plan on individuals who receive services and benefits in the community affected by the plan, that shall include--

          (i) a list of goals to improve the community and the lives of its citizens in the geographic area covered by the plan;

          (ii) a list of goals identified by the State in which the plan is to be implemented, if such goals have been established by the State; and

          (iii) a description of how the plan will--

            (I) attain the goals listed in clauses (i) and (ii);

            (II) measure performance; and

            (III) collect and maintain data;

      (4) the eligible Federal financial assistance programs included in the plan and the specific services and benefits to be provided under the plan under such programs, including--

        (A) criteria for determining eligibility for services and benefits under the plan;

        (B) the services and benefits available under the plan;

        (C) the amounts and form (such as cash, in-kind contributions, or financial instruments) of non-service benefits; and

        (D) any other descriptive information the Board considers necessary to approve the plan;

      (5) a description of the goals and purposes of each Federal financial assistance program included in the plan and how the goals and purposes of such programs shall more effectively be met at the State, local and tribal level;

      (6) a general description of how the plan appropriately addresses any effect that administration of each eligible Federal financial assistance program included in the plan would have on the administration of programs not included in the plan;

      (7) a description of how the flexibility plan will adequately achieve the purposes of this Act;

      (8) except for the requirements described under section 7(f)(3), any Federal statutory or regulatory requirement of an eligible Federal financial assistance program included in the plan, the waiver of which is necessary to implement the plan, and the detailed justification for the waiver request;

      (9) any State, local, or tribal statutory, regulatory, or other requirement, the waiver of which is necessary to implement the plan, and an indication of commitment of the appropriate State, local, or tribal governments to grant such waivers;

      (10) a description of the Federal fiscal control and related accountability procedures to be followed under the flexibility plan and, as necessary, an explanation of how such procedures will not diminish existing Federal requirements;

      (11) a description of the sources and amounts of all non-Federal funds that are required to carry out eligible Federal financial assistance programs included in the plan;

      (12) verification that Federal funds made available under the plan will not supplant non-Federal funds for existing services and activities that promote the goals of the plan;

      (13) verification that none of the Federal funds under the plan would be used to--

        (A) meet maintenance of effort requirements of such an activity; or

        (B) meet State, local, or tribal matching shares; and

      (14) any other relevant information the Board may require to approve the plan;

    (d) Procedure for Applying-

      (1) SUBMISSION TO AFFECTED STATE AND LOCAL GOVERNMENTS- An eligible applicant shall submit an application for approval of a proposed flexibility plan to each State government and each local government that the applicant deems to be directly affected by the plan, at least 60 days before submitting the application to the Board.

      (2) REVIEW BY AFFECTED GOVERNMENT- The Governor, affected State agency head, State legislative official, and the chief executive officer of a local government that receives an application submitted under paragraph (1) may each, by no later than 60 days after the date of that receipt--

        (A) prepare comments on the proposed flexibility plan included in the application;

        (B) describe and make commitments to waive any State or local laws or other requirements which are necessary for successful implementation of the proposed plan; and

        (C) submit the comments and commitments to the eligible applicant.

      (3) SUBMITTAL TO BOARD- Applications for approval of a flexibility plan shall only be submitted to the Board between--

        (A) October 1, 1997 and March 31, 1998; or

        (B) October 1, 1998 and March 31, 1999.

      (4) ACTION BY AFFECTED GOVERNMENT- If the Governor, affected State agency head, State legislative official or the chief executive officer of a local government--

        (A) fails to act on or otherwise endorse a plan application within 60 days after receiving an application under paragraph (1);

        (B) does not make and submit to the eligible applicant the commitments described in paragraph (2) (A) and (B); or

        (C) disagrees with all or part of the proposed flexibility plan; the eligible applicant may submit the application to the Board if the application is amended as necessary for the successful implementation of the proposed plan without the commitment made under paragraph (2)(B), including by adding an updated

description of the ability of the proposed flexibility plan to meet plan goals and satisfy performance criteria in the absence of statutory and regulatory waivers and financial and technical support from the State or local government.

    (e) TRIBAL SOVEREIGNTY- Nothing under this Act shall be construed to affect, or otherwise alter, the sovereign relationship between tribal governments and the Federal Government.

    (f) ELIGIBILITY FOR OTHER ASSISTANCE- Disapproval by the Board of a flexibility plan submitted by an eligible applicant under this Act shall not affect the eligibility of the applicant for assistance under any Federal program.

    (g) STATE, LOCAL, OR TRIBAL AUTHORITY- Nothing in this Act shall be construed to grant the Board, Federal agency, or any eligible applicant authority to waive or otherwise preempt--

      (1) any State, local, or tribal law or regulation including the legal authority under State law of any affected State agency, State entity, or public official over programs that are under the jurisdiction of the agency, entity or official; or

      (2) the existing authority of a State, local, or tribal government or qualified organization or consortium with respect to an eligible Federal financial assistance program included in the plan unless such entity, has consented to the terms of the plan.

SEC. 307. REVIEW AND APPROVAL OF FLEXIBILITY PLANS AND WAIVER REQUESTS.

    (a) REVIEW OF APPLICATIONS- Upon receipt of an application for approval of a proposed flexibility plan, the Board shall notify the eligible applicant as to whether or not the plan is complete. If the Board determines a plan is complete, the Board shall--

      (1) establish procedures for consultation with the applicant during the review process;

      (2) publish notice of the application for approval in the Federal Register and make available the contents to any interested party upon written request;

      (3) if appropriate, coordinate public hearings on the plan by either the Board or the appropriate Federal agency;

      (4) approve or disapprove plans submitted under--

        (i) section 6(d)(3)(A) no later than July 31, 1998; or

        (ii) section 6(d)(3)(B) no later than July 31, 1999;

      (5) in the case of any disapproval of a plan, include written justification of the reasons for disapproval in the notice of disapproval sent to the applicant;

      (6) publicly announce and forward to Congress on July 31, 1998 and July 31, 1999, the list of approved flexibility plans, including an identification of approved plans that request statutory or regulatory waivers and the identification of such requested waivers.

    (b) APPROVAL-

      (1) IN GENERAL- The Board may approve a flexibility plan for which an application is submitted by an eligible applicant under this Act, if the Board determines that--

        (A) the contents of the application for approval of the plan comply with the requirements of this Act; and

        (B) the contents of the flexibility plan indicate that the plan will effectively achieve the purposes of this Act described in section 3 by adhering to the conditions described in sections 6 and 7;

      (2) RESTRICTION- (A) The Board may approve no more than 30 plans; and

      (B) only three approved plans may be submitted by State applicants.

      (3) REQUIREMENT TO DISAPPROVE PLAN- The Board must disapprove a flexibility plan if the Board determines that--

        (A) implementation of the plan would result in any increase in the total amount of obligations or outlays of discretionary appropriations or direct spending under Federal financial assistance programs, over the amounts of such obligations and outlays that would occur under those programs without implementation of the plan; or

        (B) the flexibility plan fails to comply with paragraph (1).

      (4) SPECIFICATION OF PERIOD OF EFFECTIVENESS- In approving any flexibility plan, the Board shall specify the period during which the plan is effective, which in no case shall be greater than 5 years from the date of approval.

    (d) MEMORANDA OF UNDERSTANDING REQUIRED-

      (1) IN GENERAL- An approved flexibility plan may not take effect until the Board receives a signed memorandum of understanding agreed to by the eligible applicant that would receive Federal financial assistance administered under the flexibility plan and by each affected Federal agency.

      (2) CONTENTS- A memorandum of understanding under this subsection shall specify all understandings that have been reached by the affected Federal agencies and the eligible applicant. The memorandum shall include understandings with respect to--

        (A) the conditions described in sections 6 and 7;

        (B) the effective dates of all State, local, or tribal government waivers;

        (C) technical or special assistance being provided to the eligible applicant;

      and

        (D) the effective date and timeframe of the plan and each Federal waiver approved in the plan;

        (E)(i) the total amount of Federal funds that will be provided as services and benefits under or used to administer eligible Federal financial assistance programs included in the plan; or

        (ii) a mechanism for determining that amount, including specification of the total amount of Federal funds that will be provided or used under each eligible Federal financial assistance program included in the plan.

      (3) CONDITION FOR APPROVAL OF WAIVER REQUEST- Prior to entrance into the memorandum with an eligible applicant, the affected Federal agencies may approve a waiver if it is consistent with the goals and purposes of the eligible Federal financial assistance program included in the plan.

    (e) LIMITATION ON CONFIDENTIALITY REQUIREMENTS- The Board may not, as a condition of approval of a flexibility plan or with respect to the implementation of an approved flexibility plan, establish any confidentiality requirement that would--

      (1) impede the exchange of information needed for the design or provision of services and benefits under the plans; or

      (2) conflict with law.

    (f) LIMITATION ON THE USE OF FUNDS- The Board may not approve any plan that includes funds under an eligible Federal financial assistance program to--

      (1) to support tuition vouchers for children attending private preschool, elementary, or secondary schools, including before and after school programs; or

      (2) otherwise pay their cost of attending such schools.

    (g) Waivers of Federal Requirements-

      (1) IN GENERAL- Notwithstanding any other law and subject to the provisions of this Act, including paragraphs (2) and (3), affected Federal agencies may waive, for a period of time not to exceed 5 years from the date the Board receives a signed memorandum of understanding, any statutory or regulatory requirement of an eligible Federal assistance program included in an approved flexibility plan of an eligible applicant if that waiver is--

        (A) necessary for implementation of the flexibility plan;

        (B) not disapproved by the Board; and

        (C) necessary to effectively achieve the purposes of this Act described in section 3 by adhering to the conditions described in sections 6 and 7;

      (2) EFFECTIVE PERIOD OF WAIVER- A waiver granted under this section shall terminate on the earlier of--

        (A) the expiration of a period specified by the affected Federal agency not to exceed five years from the date the Board receives the signed memorandum of understanding; or

        (B) any date on which the flexibility plan for which the waiver is granted ceases to be effective;

      (3) RESTRICTION ON WAIVER AUTHORITY- An affected Federal agency may not grant a waiver for a statutory or regulatory requirement of an eligible Federal financial assistance program requested under this section that--

        (A) may be waived under another provision of law except in accordance with the requirements and limitations imposed by that other provision of law;

        (B) enforces statutory or constitutional rights of individuals including the right to equal access and opportunity in housing and education, including any requirement under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq);

        (C) enforces any civil rights that prohibit discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or disability;

        (D) protects public health and safety, the environment, labor standards, worker rights, health and pension benefits and worker health safety;

        (E) provides for a maintenance of effort, matching share or prohibition on supplanting; or

        (F) grants any person a cause of action.

SEC. 308. IMPLEMENTATION, AMENDING AND TERMINATION OF APPROVED FLEXIBILITY PLANS.

    (a) Implementation-

      (1) The Board, in consultation with the Director, shall issue guidance to implement this Act within 180 days after the date of enactment of this Act.

      (2) Notwithstanding any other law, any service or benefit that is provided under an eligible Federal financial assistance program included in an approved flexibility plan shall be paid and administered in the manner specified in the approved flexibility plan.

      (3) The authority provided under this Act to waive provisions of grant agreements may be exercised only as long as the funds provided for the grant program in question are available for obligation by the Federal Government.

    (b) Amending of Flexibility Plan-

      (1) In the event that an eligible applicant--

        (A) desires an amendment to an approved flexibility plan in order to better meet the purposes of this Act; or

        (B) requires an amendment to ensure continued implementation of an approved flexibility plan, the applicant shall--

          (i) submit the proposed amendment to the Board for review and approval; and

          (ii) upon approval, enter into a revised memorandum of understanding with the affected Federal agency.

      (2) Approval by the Board and, when appropriate, affected Federal agency, shall be based upon the same conditions required for approval of a flexibility plan.

    (c) Termination of Plan-

      (1) Termination of plan by board-

        (A) IN GENERAL- The Board shall terminate an approved flexibility plan, if, after consultation with the affected Federal agencies, the Board determines that--

          (i) the applicant of the approved flexibility plan is unable to meet the commitments under this Act; or

          (ii) audit or oversight activities determine there has been fraud or abuse involving Federal funds under the plan.

        (B) TRANSITION PERIOD- In terminating an approved flexibility plan under this paragraph, the Board shall allow a reasonable period of time for appropriate Federal agencies and eligible applicants to resume administration of Federal programs that are eligible Federal financial assistance programs included in the plan.

      (2) Revocation of waiver-

        (A) The Board may recommend that an affected Federal agency, and an affected Federal agency may, revoke a waiver under section 7(f) if the applicant of the approved flexibility plan fails to--

          (i) comply with the requirements of the plan;

          (ii) make acceptable progress towards achieving the goals and performance criteria set forth in the plan; or

          (iii) use funds in accordance with the plan.

      (B) Affected Federal agencies shall revoke all waivers issued under section 7(f) for a flexibility plan if the Board terminates the plan.

      (C) EXPLANATION REQUIRED- In the case of termination of a plan or revocation of a waiver, as appropriate, the Board or affected Federal agencies shall provide for the former eligible applicant a written justification of the reasons for termination or revocation.

SEC. 309. EVALUATIONS AND REPORTS.

    (a) Approved Applicants-

      (1) IN GENERAL- An applicant of an approved flexibility plan, in accordance with guidance issued by the Board, shall--

        (A) submit any reports on and cooperate in any audits of the implementation of its approved flexibility plan; and

        (B) monitor the effect implementation of the plan has had on--

          (i) individuals who receive services and benefits under the plan;

          (ii) communities in which those individuals live;

          (iii) costs of administering and providing assistance under

eligible Federal financial assistance programs included in the plan; and

          (iv) performance of the eligible Federal financial assistance programs included in the plan compared to the performance of such programs prior to implementation of the plan.

      (2) INITIAL 1-YEAR REPORT- No later than 90 days after the end of the 1-year period beginning on the date the plan takes effect, and annually thereafter, the approved applicant, respectively, shall submit to the Board a report on the principal activities, achievements, and shortcomings under the plan during the period covered by the report, comparing those achievements and shortcomings to the goals and performance criteria included in the plan under section 6(c)(3).

      (3) FINAL REPORT- No later than 120 days after the end of the effective period of an approved flexibility plan, the approved applicant shall submit to the Board a final report on implementation of the plan, including a full evaluation of the successes and shortcomings of the plan and the effects of that implementation on individuals who receive benefits under the eligible Federal financial assistance programs under the plan.

    (b) BOARD- No later than two years after the date of the enactment of this Act, and annually thereafter, the Board shall submit a report to the President and the Congress on the Federal statutory and regulatory requirements of eligible Federal financial assistance programs that are most frequently waived under section 7(f) with respect to approved flexibility plans. The President shall review the report and identify those statutory and regulatory requirements that the President determines should be amended or repealed.

    (c) DIRECTOR- Two years after this Act goes into effect, and no less than 60 days after repeal of this Act, the Director shall report on its progress in achieving the functions outlined in section 5(d).

    (d) General Accounting Office-

      (1) Beginning on the date of enactment of this Act, the General Accounting Office shall--

        (A) evaluate the effectiveness of eligible Federal financial assistance programs included in flexibility plans approved pursuant to this Act compared with such programs not included in a flexibility plan;

        (B) establish and maintain, through the effective date of this statute, a program for the ongoing collection of data and analysis of each eligible Federal financial assistance program included in an approved flexibility plan.

      (2) No later than January 1, 2005, the General Accounting Office shall submit a report to Congress and the President that describes and evaluates the results of the evaluations conducted pursuant to paragraphs (1) and any recommendations on how to improve flexibility in the administration of eligible Federal financial assistance programs.

    (e) ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS- No later than January 1, 2005, the Advisory Commission on Intergovernmental Relations shall submit a report to the Congress and President that--

      (1) describes the extent to which this Act has improved the ability of State, local and tribal governments, particularly smaller units of government, to make more effective use of two or more Federal financial assistance programs included in a flexibility plan;

      (2) evaluates if or how the flexibility provided by this Act has improved the system of Federal financial assistance to State, local and tribal governments, and enabled governments and community organizations to work together more effectively; and

      (3) includes recommendations with respect to flexibility for State, local and tribal governments.

SEC. 310. REPEAL.

    This Act is repealed on January 1, 2005.

SEC. 311. DELIVERY DATE OF FEDERAL CONTRACT, GRANT, AND ASSISTANCE APPLICATIONS.

    (a) General Rule-

      (1) DATE OF DELIVERY- The Director of the Office of Management and Budget shall direct all Federal agencies to develop a consistent policy relating to Federal contract, grant, and other assistance applications which stipulates that if any bid, grant application, or other document required to be filled within a prescribed period or on or before a prescribed date is, after such period or such date, delivered by United States mail to the agency, officer, or office with which such bid, grant application, or other document is required to be made, the date of the United States postmark stamped on the cover in which such bid, grant application, or other document is mailed shall be deemed to be the date of delivery, as the case may be.

      (2) MAILING REQUIREMENTS- This subsection applies only if--

        (A) the postmark date falls within the prescribed period or on or before the prescribed date for the filing (including any extension granted for such filing) of the bid, grant application, or other document; and

        (B) the bid, grant application, or other document was, within the time prescribed in subparagraph (A), deposited in the mail in the United States in an envelope or other appropriate wrapper, postage prepaid, properly addressed to the agency, officer, or office with which the bid, grant application, or other document is required to be made.

    (b) POSTMARKS- This section shall apply in the case of postmarks not made by the United States Postal Service only if and to the extent provided by the regulations prescribed by Federal agencies.

    (c) Registered and Certified Mailing-

      (1) REGISTERED MAIL- For purposes of this section, if any such bid, grant application, or other document is sent by United States registered mail--

        (A) such registration shall be prima facie evidence that the bid, grant application, or other document was delivered to the agency, officer, or office to which addressed; and

        (B) the date of registration shall be deemed the postmark date.

      (2) CERTIFIED MAIL- Federal agencies are authorized to provide by regulations the extent to which the provisions of paragraph (1) of this subsection with respect to prima facie evidence of delivery and the postmark date shall apply to certified mail.

    (d) EFFECTIVE DATE- This section shall take effect on the date of the enactment of this Act and shall remain in effect notwithstanding section 10 of this Act.

DIVISION2--ECONOMICGROWTH AND REGULATORY PAPERWORK REDUCTION

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) SHORT TITLE- This division may be cited as the ‘Economic Growth and Regulatory Paperwork Reduction Act of 1996’.

    (b) TABLE OF CONTENTS- The table of contents for this division is as follows:

DIVISION 2--ECONOMIC GROWTH AND REGULATORY PAPERWORK REDUCTION

      Sec. 1. Short title; table of contents.

      Sec. 2. Definitions.

TITLE I--STREAMLINING THE HOME MORTGAGE LENDING PROCESS

      Sec. 101. Simplification and unification of disclosures required under RESPA and TILA for mortgage transactions.

      Sec. 102. Elimination of redundant regulators.

      Sec. 103. General exemption authority for loans.

      Sec. 104. Reductions in Real Estate Settlement Procedures Act of 1974 regulatory burdens.

      Sec. 105. Co-branding and affinity group endorsements.

      Sec. 106. Waiver for certain borrowers.

      Sec. 107. Alternative disclosures for adjustable rate mortgages.

      Sec. 108. Restitution for violations of the Truth in Lending Act.

      Sec. 109. Limitation on liability under the Truth in Lending Act.

TITLE II--STREAMLINING GOVERNMENT REGULATION

Subtitle A--Eliminating Unnecessary Regulatory Requirements and Procedures

      Sec. 201. Elimination of certain filing and approval requirements for certain insured depository institutions.

      Sec. 202. Elimination of redundant approval requirement for Oakar transactions.

      Sec. 203. Elimination of duplicative requirements imposed upon bank holding companies.

      Sec. 204. Elimination of the per branch capital requirement for national banks and State member banks.

      Sec. 205. Elimination of branch application requirements for automatic teller machines.

      Sec. 206. Elimination of requirement for approval of investments in bank premises for well capitalized and well managed banks.

      Sec. 207. Elimination of approval requirement for divestitures.

      Sec. 208. Streamlined nonbanking acquisitions by well capitalized and well managed banking organizations.

      Sec. 209. Elimination of unnecessary filing for officer and director appointments.

      Sec. 210. Amendments to the Depository Institution Management Interlocks Act.

      Sec. 211. Elimination of recordkeeping and reporting requirements for officers.

      Sec. 212. Repayment of Treasury loan.

      Sec. 213. Branch closures.

      Sec. 214. Foreign banks.

      Sec. 215. Disposition of foreclosed assets.

      Sec. 216. Exemption authority for antitying provision.

      Sec. 217. FDIC approval of new State bank powers.

Subtitle B--Eliminating Unnecessary Regulatory Burdens

      Sec. 221. Small bank examination cycle.

      Sec. 222. Required review of regulations.

      Sec. 223. Repeal of identification of nonbank financial institution customers.

      Sec. 224. Repeal of certain reporting requirements.

      Sec. 225. Increase in home mortgage disclosure exemption threshold.

      Sec. 226. Elimination of stock loan reporting requirement.

      Sec. 227. Credit availability assessment.

Subtitle C--Regulatory Micromanagement

      Sec. 241. National bank directors.

      Sec. 242. Paperwork reduction review.

      Sec. 243. State bank representation on board of directors of the FDIC.

      Sec. 244. Consultation among examiners.

TITLE III--REGULATORY IMPACT ON COST OF CREDIT AND CREDIT AVAILABILITY

      Sec. 301. Audit costs.

      Sec. 302. Incentives for self-testing.

      Sec. 303. Qualified thrift investment amendments.

      Sec. 304. Limited purpose banks.

      Sec. 305. Amendment to Fair Debt Collection Practices Act.

      Sec. 306. Increase in certain credit union loan ceilings.

      Sec. 307. Bank investments in Edge Act and agreement corporations.

TITLE IV--CONSUMER CREDIT

Subtitle A--Credit Reporting Reform

      Sec. 401. Short title.

      Sec. 402. Definitions.

      Sec. 403. Furnishing consumer reports; use for employment purposes.

      Sec. 404. Use of consumer reports for prescreening and direct marketing; prohibition on unauthorized or uncertified use of information.

      Sec. 405. Consumer consent required to furnish consumer report containing medical information.

      Sec. 406. Obsolete information and information contained in consumer reports.

      Sec. 407. Compliance procedures.

      Sec. 408. Consumer disclosures.

      Sec. 409. Procedures in case of the disputed accuracy of any information in a consumer’s file.

      Sec. 410. Charges for certain disclosures.

      Sec. 411. Duties of users of consumer reports.

      Sec. 412. Civil liability.

      Sec. 413. Responsibilities of persons who furnish information to consumer reporting agencies.

      Sec. 414. Investigative consumer reports.

      Sec. 415. Increased criminal penalties for obtaining information under false pretenses.

      Sec. 416. Administrative enforcement.

      Sec. 417. State enforcement of Fair Credit Reporting Act.

      Sec. 418. Federal Reserve Board Authority.

      Sec. 419. Preemption of State law.

      Sec. 420. Effective date.

      Sec. 421. Relationship to other law.

Subtitle B--Credit Repair Organizations

      Sec. 451. Regulation of credit repair organizations.

      Sec. 452. Credit worthiness.

TITLE V--ASSET CONSERVATION, LENDER LIABILITY, AND DEPOSIT INSURANCE PROTECTION

      Sec. 501. Short title.

      Sec. 502. CERCLA lender and fiduciary liability limitations amendments.

      Sec. 503. Conforming amendment.

      Sec. 504. Lender liability rule.

      Sec. 505. Effective date.

TITLE VI--MISCELLANEOUS

      Sec. 601. Federal Reserve study.

      Sec. 602. Treatment of claims arising from breach of contracts executed by the receiver or conservator.

      Sec. 603. Criminal sanctions for fictitious financial instruments and counterfeiting.

      Sec. 604. Amendments to the Truth in Savings Act.

      Sec. 605. Consumer Leasing Act amendments.

      Sec. 606. Study of corporate credit unions.

      Sec. 607. Report on the reconciliation of differences between regulatory accounting principles and generally accepted accounting principles.

      Sec. 608. State-by-State and metropolitan area-by-metropolitan area study of bank fees.

      Sec. 609. Prospective application of gold clauses in contracts.

      Sec. 610. Qualified family partnerships.

      Sec. 611. Cooperative efforts between depository institutions and farmers and ranchers in drought-stricken areas.

TITLE VII--DEPOSIT INSURANCE FUNDS

      Sec. 701. Short title.

      Sec. 702. Special assessment to capitalize SAIF.

      Sec. 703. Financing corporation funding.

      Sec. 704. Merger of BIF and SAIF.

      Sec. 705. Creation of SAIF Special Reserve.

      Sec. 706. Refund of amounts in Deposit Insurance Fund in excess of designated reserve amount.

      Sec. 707. Assessment rates for SAIF members may not be less than assessment rates for BIF members.

      Sec. 708. Assessments authorized only if needed to maintain the reserve ratio of a Deposit Insurance Fund.

      Sec. 709. Treasury study of common depository institution charter.

      Sec. 710. Definitions.

SEC. 2. DEFINITIONS.

    Unless otherwise specified in this division, for purposes of this division--

      (1) the term ‘Appraisal Subcommittee’ means the Appraisal Subcommittee established under section 1011 of the Federal Financial Institutions Examination Council Act of 1978 (as in existence on the day before the date of enactment of this Act);

      (2) the term ‘appropriate Federal banking agency’ has the same meaning as in section 3 of the Federal Deposit Insurance Act;

      (3) the term ‘Board’ means the Board of Governors of the Federal Reserve System;

      (4) the term ‘Corporation’ means the Federal Deposit Insurance Corporation;

      (5) the term ‘Council’ means the Federal Financial Institutions Examination Council established under section 1004 of the Federal Financial Institutions Examination Council Act of 1978;

      (6) the term ‘insured credit union’ has the same meaning as in section 101 of the Federal Credit Union Act; and

      (7) the term ‘insured depository institution’ has the same meaning as in section 3 of the Federal Deposit Insurance Act.

TITLE I--STREAMLINING THE HOME MORTGAGE LENDING PROCESS

SEC. 101. SIMPLIFICATION AND UNIFICATION OF DISCLOSURES REQUIRED UNDER RESPA AND TILA FOR MORTGAGE TRANSACTIONS.

    (a) IN GENERAL- With respect to credit transactions which are subject to the Real Estate Settlement Procedures Act of 1974 and the Truth in Lending Act, the Board of Governors of the Federal Reserve System (hereafter in this section referred to as the ‘Board’) and the Secretary of Housing and Urban Development (hereafter in this section referred to as the ‘Secretary’) shall take such action as may be necessary before the end of the 6-month period beginning on the date of enactment of this Act--

      (1) to simplify and improve the disclosures applicable to such transactions under such Acts, including the timing of the disclosures; and

      (2) to provide a single format for such disclosures which will satisfy the requirements of each such Act with respect to such transactions.

    (b) REGULATIONS- To the extent that it is necessary to prescribe any regulation in order to effect any changes required to be made under subsection (a), the proposed regulation shall be published in the Federal Register before the end of the 6-month period referred to in subsection (a).

    (c) RECOMMENDATIONS FOR LEGISLATION- If the Board and the Secretary find that legislative action may be necessary or appropriate in order to simplify and unify the disclosure requirements under the Real Estate Settlement Procedures Act of 1974 and the Truth in Lending Act, the Board and the Secretary shall submit a report containing recommendations to the Congress concerning such action.

SEC. 102. ELIMINATION OF REDUNDANT REGULATORS.

    (a) DEFINITION- Section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602) is amended--

      (1) in paragraph (7), by striking ‘and’ at the end;

      (2) in paragraph (8), by striking the period at the end and inserting a semicolon; and

      (3) by adding at the end the following new paragraphs:

      ‘(9) the term ‘Board’ means the Board of Governors of the Federal Reserve System;

      ‘(10) the term ‘appropriate Federal banking agency’ has the same meaning as in section 3 of the Federal Deposit Insurance Act; and’.

    (b) CONFORMING AMENDMENTS- The Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.) is amended--

      (1) in section 4, by striking ‘Secretary’ each place such term appears and inserting ‘Board’;

      (2) in section 5, by striking ‘Secretary’ each place such term appears and inserting ‘Board’;

      (3) in section 6, by striking ‘Secretary’ each place such term appears and inserting ‘Board’;

      (4) in section 8(d)(4), by striking ‘Secretary’ and inserting ‘Secretary or the appropriate Federal banking agency, as provided in section 20,’;

      (5) in section 10(c)(1)(C), by striking ‘Not later’ and all that follows through ‘Act, the Secretary’, and inserting ‘The Board’;

      (6) in section 16, by striking ‘the Secretary’ and inserting ‘the Secretary or the appropriate Federal banking agency’;

      (7) in section 18--

        (A) by striking ‘Secretary is authorized to’ and inserting ‘Board or Secretary, as applicable, may’; and

        (B) by striking ‘Secretary’ each place such term appears and inserting ‘Secretary or the Board’; and

      (8) in section 19, by amending the section heading to read as follows:

‘SEC. 19. AUTHORITY OF THE SECRETARY AND THE BOARD.’.

    (c) REGULATIONS-

      (1) IN GENERAL- Section 19(a) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2617(a)) is amended to read as follows:

    ‘(a) REGULATIONS-

      ‘(1) IN GENERAL- The Board or the Secretary shall prescribe such regulations as may be necessary to carry out this title, as set forth in paragraph (3).

      ‘(2) SPECIFICATIONS- The regulations promulgated under paragraph (1)--

        ‘(A) may contain such classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for any class of transactions, as the Board or the Secretary, as appropriate, determines to be necessary or proper to--

          ‘(i) effectuate the purposes of this title;

          ‘(ii) prevent circumvention or evasion of this title; or

          ‘(iii) facilitate compliance with this title; and

        ‘(B) shall minimize the burdens and cost imposed upon creditors and shall ensure that costs, burdens, and complexities to consumers are reduced, while necessary information regarding the cost of financing to consumers is provided.

      ‘(3) APPLICATION-

        ‘(A) BOARD- The authority of the Board under paragraph (1) shall apply with respect to--

          ‘(i) sections 4, 5, 6, 10, and 12; and

          ‘(ii) sections 3, 7, 17, 18, and 19, to the extent that such sections are applicable with respect to the sections described in clause (i).

        ‘(B) SECRETARY- The authority of the Secretary under paragraph (1) shall apply with respect to--

          ‘(i) sections 8 and 9; and

          ‘(ii) sections 3, 7, 17, 18, and 19, to the extent such sections are applicable with respect to the sections described in clause (i).’.

      (2) CONFORMING AMENDMENTS- Section 19 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2617) is amended--

        (A) in subsection (b), by inserting ‘, the Board,’ after ‘the Secretary’;

        (B) in subsection (c)(1)--

          (i) by striking ‘Secretary may’ and inserting ‘Secretary and the appropriate Federal banking agency may’;

          (ii) by striking ‘Secretary is’ and inserting ‘Secretary and the appropriate Federal banking agency are’; and

          (iii) by striking ‘Secretary deems’ and inserting ‘Secretary or the appropriate Federal banking agency deems’; and

        (C) in subsection (c)(2), by striking ‘Secretary’ and inserting ‘Secretary or the appropriate Federal banking agency’.

    (d) ADMINISTRATIVE ENFORCEMENT- The Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.) is amended by adding at the end the following new section:

‘SEC. 20. ADMINISTRATIVE ENFORCEMENT.

    ‘(a) IN GENERAL- Compliance with the requirements imposed under this title shall be enforced--

      ‘(1) with respect to--

        ‘(A) any national bank or any Federal branch or Federal agency of a foreign bank, by the Office of the Comptroller of the Currency;

        ‘(B) any member bank of the Federal Reserve System (other than a national bank), any branch or agency of a foreign bank (other than a Federal branch or Federal agency, or insured State branch of a foreign bank), any commercial lending company owned or controlled by one or more foreign banks, or any organization operating under section 25 or 25A of the Federal Reserve Act, by the Board;

        ‘(C) any bank insured under the Federal Deposit Insurance Act (other than a member of the Federal Reserve System) or any insured State branch of a foreign bank, by the Board of Directors of the Federal Deposit Insurance Corporation; and

        ‘(D) any savings association the deposits of which are insured under the Federal Deposit Insurance Act, by the Director of the Office of Thrift Supervision;

      ‘(2) under the Federal Credit Union Act, by the Administrator of the National Credit Union Administration with respect to any Federal credit union;

      ‘(3) under the Packers and Stockyards Act, 1921 (except as provided in section 406 of such Act), by the Secretary of Agriculture with respect to any activities subject to such Act; and

      ‘(4) under the Farm Credit Act of 1971, by the Farm Credit Administration with respect to any institution referred to in section 1.2(a) of that Act.

    ‘(b) LIMITATIONS- In exercising their powers under subsection (a), the appropriate Federal banking agencies shall not impose any penalties that exceed those provided for in this title.

    ‘(c) HUD ENFORCEMENT- Except to the extent that the enforcement of the requirements imposed under this title is specifically committed to another agency of the Federal Government under subsection (a), the Secretary of Housing and Urban Development shall enforce such requirements.’.

    (e) TRANSFER OF AUTHORITY- Authority to carry out the Real Estate Settlement Procedures Act of 1974 shall be transferred to the Board, as provided in the amendments made by subsections (b) and (c) of this section, 180 days after the enactment of this Act. Upon transfer of authority, all existing regulations shall remain in effect until such time as the Board modifies them. Not later than 180 days after the date of transfer, the Board shall publish any proposed changes to the regulations required by this division. During the 180-day period beginning on the date of enactment of this Act, the Secretary of the Treasury shall not modify, repeal, or add any regulations that will be transferred to the Board, as appropriate.

SEC. 103. GENERAL EXEMPTION AUTHORITY FOR LOANS.

    (a) REGULATORY FLEXIBILITY- Section 104 of the Truth in Lending Act (15 U.S.C. 1603) is amended--

      (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and

      (2) by inserting after paragraph (4) the following new paragraph:

      ‘(5) Transactions for which the Board, by rule, determines that coverage under this title is not necessary to carry out the purposes of this title.’.

    (b) EXEMPTION AUTHORITY- Section 105 of the Truth in Lending Act (15 U.S.C. 1604) is amended by adding at the end the following new subsection:

    ‘(f) EXEMPTION AUTHORITY-

      ‘(1) IN GENERAL- The Board may exempt from all or part of this title any class of transactions for which, in the determination of the Board, coverage under all or part of this title does not provide a meaningful benefit to consumers in the form of useful information or protection.

      ‘(2) FACTORS FOR CONSIDERATION- In determining which classes of transactions to exempt in whole or in part under paragraph (1), the Board shall consider, among other factors--

        ‘(A) the amount of the loan or closing costs and whether the disclosures, right of rescission, and other provisions are necessary, particularly for small loans, as determined by the Board;

        ‘(B) whether the requirements of this title complicate, hinder, or make more expensive the credit process for the class of transactions;

        ‘(C) the status of the borrower, including--

          ‘(i) any related financial arrangements of the borrower, as determined by the Board;

          ‘(ii) the financial sophistication of the borrower relative to the type of transaction; and

          ‘(iii) the importance to the borrower of the credit and related supporting property, as determined by the Board;

        ‘(D) whether the loan is secured by the principal residence of the consumer; and

        ‘(E) whether the goal of consumer protection would be undermined by such an exemption.’.

SEC. 104. REDUCTIONS IN REAL ESTATE SETTLEMENT PROCEDURES ACT OF 1974 REGULATORY BURDENS.

    (a) UNNECESSARY DISCLOSURE- Section 6(a) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(a)) is amended to read as follows:

    ‘(a) DISCLOSURE TO APPLICANT RELATING TO ASSIGNMENT, SALE, OR TRANSFER OF LOAN SERVICING- Each person who makes a federally related mortgage loan shall disclose to each person who applies for the loan, at the time of application for the loan, whether the servicing of the loan may be assigned, sold, or transferred to any other person at any time while the loan is outstanding.’.

    (b) EXEMPTION FOR CERTAIN PAYMENTS TO EMPLOYEES- Section 8(c) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2607(c)) is amended--

      (1) by striking ‘or (5)’ and inserting ‘(5) payment by a depository institution or mortgage bank to its own employee for a referral to an affiliated entity for a loan product, if the employee does not hold himself or herself out as anything other than an employee of that institution, or bank, or (7)’; and

      (2) by adding at the end the following: ‘For purposes of paragraph (5) the term ‘employee’ has the same meaning as in section 3306(i) of the Internal Revenue Code of 1986, and the term ‘depository institution’ has the same meaning as in section 3 of the Federal Deposit Insurance Act.’.

    (c) CONSISTENCY OF REAL ESTATE SETTLEMENT PROCEDURES ACT AND TRUTH IN LENDING ACT EXEMPTION OF BUSINESS LOANS- Section 7 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2606) is amended--

      (1) by striking ‘This Act’ and inserting the following:

    ‘(a) IN GENERAL- This Act’; and

      (2) by adding at the end the following new subsection:

    ‘(b) INTERPRETATION- In promulgating regulations under section 19(a), the Board shall ensure that, with respect to subsection (a) of this section, the exemption for credit transactions involving extensions of credit primarily for business, commercial, or agricultural purposes, as provided in section 7(1) of the Real Estate Settlement Procedures Act of 1974 shall be the same as the exemption for such credit transactions under section 104(1) of the Truth in Lending Act.’.

SEC. 105. CO-BRANDING AND AFFINITY GROUP ENDORSEMENTS.

    (a) COMPLIANCE WITH OTHER REQUIREMENTS- Section 3(3) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(3)) is amended by inserting before the semicolon ‘, but does not include an endorsement which does not violate the provisions of section 8(c)(4)’.

    (b) PAYMENTS- Section 8(c) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2607(c)) is amended by inserting after paragraph (5), as added by section 104(b) of this division, the following new paragraph: ‘(6) a payment or transfer of a thing of value to an affinity group for or in connection with an endorsement (written or oral), either through an advertisement or through a communication addressed to a person by name or mailing address, of the products or services of a settlement service provider, if that disclosure is clearly made at the time of the first written communication with the consumer of the fact that a payment was made or may be made, or other thing of value may accrue to the affinity group for the endorsement;’.

    (c) DEFINITION- Section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602) is amended by adding at the end the following new paragraph:

      ‘(11) the term ‘affinity group’ means any person, other than an individual, that--

        ‘(A) is established for common objectives or purposes; and

        ‘(B) is not established by a settlement service provider or providers for the principal purpose of endorsing the products or services of a settlement service provider.’.

SEC. 106. WAIVER FOR CERTAIN BORROWERS.

    Section 105 of the Truth in Lending Act (15 U.S.C. 1604) is amended by adding at the end the following new subsection:

    ‘(g) WAIVER FOR CERTAIN BORROWERS-

      ‘(1) IN GENERAL- The Board, by regulation, may exempt from the requirements of this title certain credit transactions if--

        ‘(A) the transaction involves a consumer--

          ‘(i) with an annual earned income of more than $200,000; or

          ‘(ii) having net assets in excess of $1,000,000 at the time of the transaction; and

        ‘(B) a waiver that is handwritten, signed, and dated by the consumer is first obtained from the consumer.

      ‘(2) ADJUSTMENTS BY THE BOARD- The Board, at its discretion, may adjust the annual earned income and net asset requirements of paragraph (1) for inflation.’.

SEC. 107. ALTERNATIVE DISCLOSURES FOR ADJUSTABLE RATE MORTGAGES.

    Section 128(a) of the Truth in Lending Act (15 U.S.C. 1638(a)) is amended by adding at the end the following new paragraph:

      ‘(14) In any variable interest rate residential mortgage transaction, at the option of the creditor, a statement that the periodic payments may increase or decrease substantially, and the maximum interest rate and payment for a $10,000 loan originated at a recent interest rate, as determined by the Board, assuming the maximum periodic increases in rates and payments under the program, or a historical example illustrating the effects of interest rate changes implemented according to the loan program.’.

SEC. 108. RESTITUTION FOR VIOLATIONS OF THE TRUTH IN LENDING ACT.

    Section 108(e)(3) of the Truth in Lending Act (15 U.S.C. 2602(3)) is amended--

      (1) by striking ‘ordered (A) if’ and inserting the following: ‘ordered--

      ‘(A) if’;

      (2) by striking ‘may require a partial’ and inserting ‘may--

        ‘(i) require a partial’;

      (3) by striking ‘, except that with respect’ and all that follows through ‘Act, the agency shall require’ and inserting ‘; or

        ‘(ii) require’;

      (4) by striking ‘reasonable, (B) the’ and inserting the following: ‘reasonable, if (in the case of an agency referred to in paragraph (1), (2), or (3) of subsection (a)), the agency determines that a partial adjustment or making partial payments over an extended period is necessary to avoid causing the creditor to become undercapitalized pursuant to section 38 of the Federal Deposit Insurance Act;

      ‘(B) the’; and

      (5) by striking ‘(C) except’ and inserting the following:

      ‘(C) except’.

SEC. 109. LIMITATION ON LIABILITY UNDER THE TRUTH IN LENDING ACT.

    Section 139(a) of the Truth in Lending Act (15 U.S.C. 1649(a)) is amended by striking ‘For any consumer credit transaction subject to this title’ and inserting ‘For any closed end consumer credit transaction that is secured by real property or a dwelling, that is subject to this title, and’.

TITLE II--STREAMLINING GOVERNMENT REGULATION

Subtitle A--Eliminating Unnecessary Regulatory Requirements and Procedures

SEC. 201. ELIMINATION OF CERTAIN FILING AND APPROVAL REQUIREMENTS FOR CERTAIN INSURED DEPOSITORY INSTITUTIONS.

    Section 18(c) of the Federal Deposit Insurance Act (12 U.S.C. 1828(c)) is amended by adding at the end the following new paragraph:

    ‘(12) EXCEPTIONS- No prior approval is required under paragraph (2) for any merger, consolidation, acquisition of assets, or assumption of liabilities involving only insured depository institutions that are subsidiaries of the same depository institution holding company, if--

      ‘(A) the responsible agency would not be prohibited from approving the transaction under section 44;

      ‘(B) the acquiring, assuming, or resulting institution complies with all applicable provisions of section 44 as if the merger, consolidation, or acquisition were approved under this subsection;

      ‘(C) the acquiring, assuming, or resulting institution provides written notification of the transaction to the appropriate Federal banking agency for the institution not later than 10 days prior to consummation of the transaction; and

      ‘(D) during the 10-day period beginning on the date on which the notification required by subparagraph (C) was received, the agency does not require the institution to submit an application with respect to such transaction.’.

SEC. 202. ELIMINATION OF REDUNDANT APPROVAL REQUIREMENT FOR OAKAR TRANSACTIONS.

    (a) IN GENERAL- Section 5(d)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1815(d)(3)) is amended--

      (1) in subparagraph (A), by striking ‘with the prior written approval of’ and inserting ‘if the transaction is approved by’;

      (2) in subparagraph (E)--

        (A) by striking clauses (i) and (iv);

        (B) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and

        (C) by adding at the end the following new clause:

          ‘(iii) CAPITAL REQUIREMENTS- A transaction described in this paragraph shall not be approved under section

18(c)(2) unless the acquiring, assuming, or resulting depository institution will meet all applicable capital requirements upon consummation of the transaction.’;

      (3) by striking subparagraph (G); and

      (4) by redesignating subparagraphs (H) through (J) as subparagraphs (G) through (I), respectively.

    (b) CONFORMING AMENDMENTS-

      (1) REVISED STATUTES- Section 5156A(b)(1) of the Revised Statutes (12 U.S.C. 215c(b)(1)) is amended by striking ‘by section 5(d)(3) of the Federal Deposit Insurance Act or any other’ and inserting ‘under any’.

      (2) HOME OWNERS’ LOAN ACT- Section 10(s)(2)(A) of the Home Owners’ Loan Act (12 U.S.C. 1467a(s)(2)(A)) is amended by striking ‘under section 5(d)(3) of the Federal Deposit Insurance Act or any other’ and inserting ‘under any’.

SEC. 203. ELIMINATION OF DUPLICATIVE REQUIREMENTS IMPOSED UPON BANK HOLDING COMPANIES.

    (a) EXEMPTION FOR BANK HOLDING COMPANIES- Section 10 of the Home Owners’ Loan Act (12 U.S.C. 1467a) is amended by adding at the end the following new subsection:

    ‘(t) EXEMPTION FOR BANK HOLDING COMPANIES- This section does not apply to a bank holding company that is subject to the Bank Holding Company Act of 1956, or any company controlled by such bank holding company.’.

    (b) DEFINITION- Section 10(a)(1)(D) of the Home Owners’ Loan Act (12 U.S.C. 1467a(a)(1)(D)) is amended to read as follows:

        ‘(D) SAVINGS AND LOAN HOLDING COMPANY-

          ‘(i) IN GENERAL- Except as provided in clause (ii), the term ‘savings and loan holding company’ means any company that directly or indirectly controls a savings association or that controls any other company that is a savings and loan holding company.

          ‘(ii) EXCLUSION- The term ‘savings and loan holding company’ does not include a bank holding company that is registered under, and subject to, the Bank Holding Company Act of 1956, or to any company directly or indirectly controlled by such company (other than a savings association).’.

    (c) ACQUISITIONS- Section 10(e)(1) of the Home Owners’ Loan Act (12 U.S.C. 1467a(e)(1)) is amended--

      (1) in subparagraph (A)(iii)(VII), by inserting ‘or’ at the end;

      (2) in subparagraph (A)(iv), by inserting ‘and’ at the end; and

      (3) in subparagraph (B)--

        (A) by striking ‘or (ii)’ and inserting ‘(ii)’; and

        (B) by inserting before the first period ‘, or (iii) acquired by a bank holding company that is registered under, and subject to, the Bank Holding Company Act of 1956, or any company controlled by such bank holding company’.

    (d) AMENDMENTS TO THE BANK HOLDING COMPANY ACT OF 1956- Section 4(i) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(i)) is amended by adding at the end the following new paragraphs:

      ‘(4) SOLICITATION OF VIEWS-

        ‘(A) NOTICE TO DIRECTOR- Upon receiving any application or notice by a bank holding company to acquire, directly or indirectly, a savings association under subsection (c)(8), the Board shall solicit comments and recommendations from the Director with respect to such acquisition.

        ‘(B) COMMENT PERIOD- The comments and recommendations of the Director under subparagraph (A) with respect to any acquisition subject to such subparagraph shall be transmitted to the Board not later than 30 days after the receipt by the Director of the notice relating to such acquisition (or such shorter period as the Board may specify if the Board advises the Director that an emergency exists that requires expeditious action).

      ‘(5) EXAMINATION-

        ‘(A) SCOPE- The Board shall consult with the Director, as appropriate, in establishing the scope of an examination by the Board of a bank holding company that directly or indirectly controls a savings association.

        ‘(B) ACCESS TO INSPECTION REPORTS- Upon the request of the Director, the Board shall furnish the Director with a copy of any inspection report, additional examination materials, or supervisory information relating to any bank holding company that directly or indirectly controls a savings association.

      ‘(6) COORDINATION OF ENFORCEMENT EFFORTS- The Board and the Director shall cooperate in any enforcement action against any bank holding company that controls a savings association, if the relevant conduct involves such association.

      ‘(7) DIRECTOR DEFINED- For purposes of this section, the term ‘Director’ means the Director of the Office of Thrift Supervision.’.

SEC. 204. ELIMINATION OF THE PER BRANCH CAPITAL REQUIREMENT FOR NATIONAL BANKS AND STATE MEMBER BANKS.

    Section 5155(h) of the Revised Statutes (12 U.S.C. 36(h)) is amended to read as follows:

    ‘(h) [Reserved.]’.

SEC. 205. ELIMINATION OF BRANCH APPLICATION REQUIREMENTS FOR AUTOMATIC TELLER MACHINES.

    (a) ‘BRANCH’ UNDER NATIONAL BANK ACT- Section 5155(j) of the Revised Statutes (12 U.S.C. 36(j)) is amended by adding at the end the following: ‘The term ‘branch’, as used in this section, does not include an automated teller machine or a remote service unit.’.

    (b) ‘DOMESTIC BRANCH’ UNDER THE FEDERAL DEPOSIT INSURANCE ACT- Section 3(o) of the Federal Deposit Insurance Act (12 U.S.C. 1813(o)) is amended by striking ‘lent; and the’ and inserting ‘lent. The term ‘domestic branch’ does not include an automated teller machine or a remote service unit. The’.

SEC. 206. ELIMINATION OF REQUIREMENT FOR APPROVAL OF INVESTMENTS IN BANK PREMISES FOR WELL CAPITALIZED AND WELL MANAGED BANKS.

    Section 24A of the Federal Reserve Act (12 U.S.C. 371d) is amended to read as follows:

‘SEC. 24A. INVESTMENT IN BANK PREMISES OR STOCK OF CORPORATION HOLDING PREMISES.

    ‘(a) CONDITIONS OF INVESTMENT- No national bank or State member bank shall invest in bank premises, or in the stock, bonds, debentures, or other such obligations of any corporation holding the premises of such bank, or make loans to or upon the security of any such corporation--

      ‘(1) unless the bank receives the prior approval of the Comptroller of the Currency (with respect to a national bank) or the Board (with respect to a State member bank);

      ‘(2) unless the aggregate of all such investments and loans, together with the amount of any indebtedness incurred by any such corporation that is an affiliate of the bank, is less than or equal to the amount of the capital stock of such bank; or

      ‘(3) unless--

        ‘(A) the aggregate of all such investments and loans, together with the amount of any indebtedness incurred by any such corporation that is an affiliate of the bank, is less than or equal to 150 percent of the capital and surplus of the bank; and

        ‘(B) the bank--

          ‘(i) has a CAMEL composite rating of 1 or 2 under the Uniform Financial Institutions Rating System (or an equivalent rating under a comparable rating system) as of the most recent examination of such bank;

          ‘(ii) is well capitalized and will continue to be well capitalized after the investment or loan; and

          ‘(iii) provides notification to the Comptroller of the Currency (with respect to a national bank) or to the Board (with respect to a State member bank) not later than 30 days after making the investment or loan.

    ‘(b) DEFINITIONS- For purposes of this section--

      ‘(1) the term ‘affiliate’ has the same meaning as in section 2 of the Banking Act of 1933; and

      ‘(2) the term ‘well capitalized’ has the same meaning as in section 38(b) of the Federal Deposit Insurance Act.’.

SEC. 207. ELIMINATION OF APPROVAL REQUIREMENT FOR DIVESTITURES.

    Section 2(g) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(g)) is amended--

      (1) in paragraph (1), by adding ‘and’ at the end;

      (2) in paragraph (2), by striking ‘; and’ and inserting a period; and

      (3) by striking paragraph (3).

SEC. 208. STREAMLINED NONBANKING ACQUISITIONS BY WELL CAPITALIZED AND WELL MANAGED BANKING ORGANIZATIONS.

    (a) NOTICE REQUIREMENTS- Section 4(j) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(j)) is amended--

      (1) in paragraph (1)(A), by striking ‘No’ and inserting ‘Except as provided in paragraph (3), no’; and

      (2) by adding at the end the following new paragraphs:

      ‘(3) NO NOTICE REQUIRED FOR CERTAIN TRANSACTIONS- No notice under paragraph (1) of this subsection or under subsection (c)(8) or (a)(2)(B) is required for a proposal by a bank holding company to engage in any activity or acquire the shares or assets of any company, other than an insured depository institution, if the proposal qualifies under paragraph (4).

      ‘(4) CRITERIA FOR STATUTORY APPROVAL- A proposal qualifies under this paragraph if all of the following criteria are met:

        ‘(A) FINANCIAL CRITERIA- Both before and immediately after the proposed transaction--

          ‘(i) the acquiring bank holding company is well capitalized;

          ‘(ii) the lead insured depository institution of such holding company is well capitalized;

          ‘(iii) well capitalized insured depository institutions control at least 80 percent of the aggregate total risk-weighted assets of insured depository institutions controlled by such holding company; and

          ‘(iv) no insured depository institution controlled by such holding company is undercapitalized.

        ‘(B) Managerial criteria-

          ‘(i) WELL MANAGED- At the time of the transaction, the acquiring bank holding company, its lead insured depository institution, and insured depository institutions that control at least 90 percent of the aggregate total risk-weighted assets of insured depository institutions controlled by such holding company are well managed.

          ‘(ii) LIMITATION ON POORLY MANAGED INSTITUTIONS- Except as provided in paragraph (6), no insured depository institution controlled by the acquiring bank holding company has received 1 of the 2 lowest composite ratings at the later of the institution’s most recent examination or subsequent review.

        ‘(C) ACTIVITIES PERMISSIBLE- Following consummation of the proposal, the bank holding company engages directly or through a subsidiary solely in--

          ‘(i) activities that are permissible under subsection (c)(8), as determined by the Board by regulation or order thereunder, subject to all of the restrictions, terms, and conditions of such subsection and such regulation or order; and

          ‘(ii) such other activities as are otherwise permissible under this section, subject to the restrictions, terms and conditions, including any prior notice or approval requirements, provided in this section.

        ‘(D) SIZE OF ACQUISITION-

          ‘(i) ASSET SIZE- The book value of the total assets to be acquired does not exceed 10 percent of the consolidated total risk-weighted assets of the acquiring bank holding company.

          ‘(ii) CONSIDERATION- The gross consideration to be paid for the securities or assets does not exceed 15 percent of the consolidated Tier 1 capital of the acquiring bank holding company.

        ‘(E) NOTICE NOT OTHERWISE WARRANTED- For proposals described in paragraph (5)(B), the Board has not, before the conclusion of the period provided in paragraph (5)(B), advised the bank holding company that a notice under paragraph (1) is required.

        ‘(F) COMPLIANCE CRITERION- During the 12-month period ending on the date on which the bank holding company proposes to commence an activity or acquisition, no administrative enforcement action has been commenced, and no cease and desist order has been issued pursuant to section 8 of the Federal Deposit Insurance Act, against the bank holding company or any depository institution subsidiary of the holding company, and no such enforcement action, order, or other administrative enforcement proceeding is pending as of such date.

      ‘(5) Notification-

        ‘(A) COMMENCEMENT OF ACTIVITIES APPROVED BY RULE- A bank holding company that qualifies under paragraph (4) and that proposes to engage de novo, directly or through a subsidiary, in any activity that is permissible under subsection (c)(8), as determined by the Board by regulation, may commence that activity without prior notice to the Board and must provide written notification to the Board not later than 10 business days after commencing the activity.

        ‘(B) ACTIVITIES PERMITTED BY ORDER AND ACQUISITIONS-

          ‘(i) IN GENERAL- At least 12 business days before commencing any activity pursuant to paragraph (3) (other than an activity described in subparagraph (A) of this paragraph) or acquiring shares or assets of any company pursuant to paragraph (3), the bank holding company shall provide written notice of the proposal to the Board, unless the Board determines that no notice or a shorter notice period is appropriate.

          ‘(ii) DESCRIPTION OF ACTIVITIES AND TERMS- A notification under this subparagraph shall include a description of the proposed activities and the terms of any proposed acquisition.

      ‘(6) RECENTLY ACQUIRED INSTITUTIONS- Any insured depository institution which has been acquired by a bank holding company during the 12-month period preceding the date on which the company proposes to commence an activity or acquisition pursuant to paragraph (3) may be excluded for purposes of paragraph (4)(B)(ii) if--

        ‘(A) the bank holding company has developed a plan for the institution to restore the capital and management of the institution which is acceptable to the appropriate Federal banking agency; and

        ‘(B) all such insured depository institutions represent, in the aggregate, less than 10 percent of the aggregate total risk-weighted assets of all insured depository institutions controlled by the bank holding company.

      ‘(7) ADJUSTMENT OF PERCENTAGES- The Board may, by regulation, adjust the percentages and the manner in which the percentages of insured depository institutions are calculated under paragraph (4)(B)(i), (4)(D), or (6)(B) if the Board determines that any such adjustment is consistent with safety and soundness and the purposes of this Act.’.

    (b) DEFINITIONS- Section 2(o) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(o)) is amended--

      (1) by striking paragraph (1) and inserting the following new paragraph:

      ‘(1) Capital terms-

        ‘(A) INSURED DEPOSITORY INSTITUTIONS- With respect to insured depository institutions, the terms ‘well capitalized’, ‘adequately capitalized’, and ‘undercapitalized’ have the same meanings as in section 38(b) of the Federal Deposit Insurance Act.

        ‘(B) Bank holding company-

          ‘(i) ADEQUATELY CAPITALIZED- With respect to a bank holding company, the term ‘adequately capitalized’ means a level of capitalization which meets or exceeds all applicable Federal regulatory capital standards.

          ‘(ii) WELL CAPITALIZED- A bank holding company is ‘well capitalized’ if it meets the required capital levels for well capitalized bank holding companies established by the Board.

        ‘(C) OTHER CAPITAL TERMS- The terms ‘Tier 1’ and ‘risk-weighted assets’ have the meanings given those terms in the capital guidelines or regulations established by the Board for bank holding companies.’; and

      (2) by adding at the end the following new paragraphs:

      ‘(8) LEAD INSURED DEPOSITORY INSTITUTIONS-

        ‘(A) IN GENERAL- The term ‘lead insured depository institution’ means the largest insured depository institution controlled by the subject bank holding company at any time, based on a comparison of the average total risk-weighted assets controlled by each insured depository institution during the previous 12-month period.

        ‘(B) BRANCH OR AGENCY- For purposes of this paragraph and section 4(j)(4), the term ‘insured depository institution’ includes any branch or agency operated in the United States by a foreign bank.

      ‘(9) WELL MANAGED- The term ‘well managed’ means--

        ‘(A) in the case of any company or depository institution which receives examinations, the achievement of--

          ‘(i) a CAMEL composite rating of 1 or 2 (or an equivalent rating under an equivalent rating system) in connection with the most recent examination or subsequent review of such company or institution; and

          ‘(ii) at least a satisfactory rating for management, if such rating is given; or

        ‘(B) in the case of a company or depository institution that has not received an examination rating, the existence and use of managerial resources which the Board determines are satisfactory.’.

SEC. 209. ELIMINATION OF UNNECESSARY FILING FOR OFFICER AND DIRECTOR APPOINTMENTS.

    Section 32 of the Federal Deposit Insurance Act (12 U.S.C. 1831i) is amended--

      (1) in subsection (a)--

        (A) by inserting ‘(or such other period, as determined by the appropriate Federal banking agency)’ after ‘30 days’;

        (B) by striking ‘if the insured depository institution or depository institution holding company’ and inserting ‘if’;

        (C) by striking paragraphs (1) and (2);

        (D) by redesignating paragraph (3) as paragraph (1);

        (E) in paragraph (1), as redesignated--

          (i) by inserting ‘the insured depository institution or depository institution holding company’ before ‘is not in compliance’; and

          (ii) by striking the period at the end and inserting ‘; or’; and

        (F) by adding at the end the following new paragraph:

      ‘(2) the agency determines, in connection with the review by the agency of the plan required under section 38 or otherwise, that such prior notice is appropriate.’; and

      (2) in subsection (b), by striking ‘30-day period’ and inserting ‘notice period, not to exceed 90 days,’.

SEC. 210. AMENDMENTS TO THE DEPOSITORY INSTITUTION MANAGEMENT INTERLOCKS ACT.

    (a) DUAL SERVICE AMONG LARGER ORGANIZATIONS- Section 204 of the Depository Institution Management Interlocks Act (12 U.S.C. 3203) is amended--

      (1) by striking ‘$1,000,000,000’ and inserting ‘$2,500,000,000’;

      (2) by striking ‘$500,000,000’ and inserting ‘$1,500,000,000’; and

      (3) by adding at the end the following: ‘In order to allow for inflation or market changes, the appropriate Federal depository institutions regulatory agencies may, by regulation, adjust, as necessary, the amount of total assets required for depository institutions or depository holding companies under this section.’.

    (b) EXTENSION OF GRANDFATHER EXEMPTION- Section 206 of the Depository Institution Management Interlocks Act (12 U.S.C. 3205) is amended--

      (1) in subsection (a), by striking ‘for a period of, subject to the requirements of subsection (c), 20 years after the date of enactment of this title’;

      (2) in subsection (b), by striking the second sentence; and

      (3) by striking subsection (c).

    (c) RULES OR REGULATIONS- Section 209 of the Depository Institution Management Interlocks Act (12 U.S.C. 3207) is amended--

      (1) in subsection (a)--

        (A) by striking ‘(a) IN GENERAL- Rules’ and inserting ‘Rules’;

        (B) by inserting ‘, including rules or regulations that permit service by a management official that would otherwise be prohibited by section 203 or section 204, if such service would not result in a monopoly or substantial lessening of competition,’ after ‘title’;

        (C) in paragraph (4)--

          (i) by striking ‘Federal Home Loan Bank Board’ and inserting ‘Director of the Office of Thrift Supervision’; and

          (ii) by striking ‘Savings and Loan’ and inserting ‘Deposit’; and

      (2) by striking subsections (b) and (c).

SEC. 211. ELIMINATION OF RECORDKEEPING AND REPORTING REQUIREMENTS FOR OFFICERS.

    (a) EMPLOYEE BENEFIT PLANS- Section 22(h)(2) of the Federal Reserve Act (12 U.S.C. 375b(2)) is amended--

      (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately;

      (2) by striking ‘(2) PREFERENTIAL TERMS PROHIBITED- ’ and inserting the following:

      ‘(2) PREFERENTIAL TERMS PROHIBITED-

        ‘(A) IN GENERAL- ’; and

      (3) by adding at the end the following new subparagraph:

        ‘(B) EXCEPTION- Nothing in this paragraph shall prohibit any extension of credit made pursuant to a benefit or compensation program--

          ‘(i) that is widely available to employees of the member bank; and

          ‘(ii) that does not give preference to any officer, director, or principal shareholder of the member bank, or to any related interest of such person, over other employees of the member bank.’.

    (b) EXCEPTION FOR EXTENSIONS OF CREDIT TO EXECUTIVE OFFICERS AND DIRECTORS OF AFFILIATES- Section 22(h)(8)(B) of the Federal Reserve Act (12 U.S.C. 375b(8)(B)) is amended to read as follows:

        ‘(B) EXCEPTION- The Board may, by regulation, make exceptions to subparagraph (A) for any executive officer or director of a subsidiary of a company that controls the member bank if--

          ‘(i) the executive officer or director does not have authority to participate, and does not participate, in major policymaking functions of the member bank; and

          ‘(ii) the assets of such subsidiary do not exceed 10 percent of the consolidated assets of a company that controls the member bank and such subsidiary (and is not controlled by any other company).’.

SEC. 212. REPAYMENT OF TREASURY LOAN.

    Section 1108 of the Federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3337) is amended by adding at the end the following new subsection-

    ‘(c) REPAYMENT OF TREASURY LOAN- Not later than September 30, 1998, the Appraisal Subcommittee shall repay to the Secretary of the Treasury the unpaid portion of the $5,000,000 paid to the Appraisal Subcommittee pursuant to this section.’.

SEC. 213. BRANCH CLOSURES.

    Section 42 of the Federal Deposit Insurance Act (12 U.S.C. 1831r-1) is amended by adding at the end the following new subsection:

    ‘(e) SCOPE OF APPLICATION- This section shall not apply with respect to--

      ‘(1) an automated teller machine;

      ‘(2) the relocation of a branch or consolidation of one or more branches into another branch, if the relocation or consolidation--

        ‘(A) occurs within the immediate neighborhood; and

        ‘(B) does not substantially affect the nature of the business or customers served; or

      ‘(3) a branch that is closed in connection with--

        ‘(A) an emergency acquisition under--

          ‘(i) section 11(n); or

          ‘(ii) subsection (f) or (k) of section 13; or

        ‘(B) any assistance provided by the Corporation under section 13(c).’.

SEC. 214. FOREIGN BANKS.

    (a) EXAMINATION OF BRANCHES AND AGENCIES BY BOARD- Section 7(c) of the International Banking Act of 1978 (12 U.S.C. 3105(c)) is amended--

      (1) by striking ‘(c)’ and inserting the following:

    ‘(c) FOREIGN BANK EXAMINATIONS AND REPORTING- ’;

      (2) in paragraph (1)(B), by adding at the end the following new clause:

          ‘(iii) AVOIDANCE OF DUPLICATION- In exercising its authority under this paragraph, the Board shall take all reasonable measures to reduce burden and avoid unnecessary duplication of examinations.’;

      (3) by striking subparagraph (C) of paragraph (1) and inserting the following:

        ‘(C) ON-SITE EXAMINATION- Each Federal branch or agency, and each State branch or agency, of a foreign bank shall be subject to on-site examination by an appropriate Federal banking agency or State bank supervisor as frequently as would a national bank or a State bank, respectively, by the appropriate Federal banking agency.’; and

      (4) in paragraph (1)(D), by inserting before the period at the end the following: ‘, only to the same extent that fees are collected by the Board for examination of any State member bank’.

    (b) ESTABLISHMENT OF FOREIGN BANK OFFICES IN THE UNITED STATES- Section 7(d) of the International Banking Act of 1978 (12 U.S.C. 3105(d)) is amended--

      (1) in paragraph (2), by striking ‘The Board’ and inserting ‘Except as provided in paragraph (6), the Board’;

      (2) in paragraph (5), by striking ‘Consistent with the standards for approval in paragraph (2), the’; and inserting ‘The’; and

      (3) by adding at the end the following new paragraphs:

      ‘(6) EXCEPTION-

        ‘(A) IN GENERAL- If the Board is unable to find, under paragraph (2), that a foreign bank is subject to comprehensive supervision or regulation on a consolidated basis by the appropriate authorities in its home country, the Board may nevertheless approve an application by such foreign bank under paragraph (1) if--

          ‘(i) the appropriate authorities in the home country of the foreign bank are actively working to establish arrangements for the consolidated supervision of such bank; and

          ‘(ii) all other factors are consistent with approval.

        ‘(B) OTHER CONSIDERATIONS- In deciding whether to use its discretion under subparagraph (A), the Board shall also consider whether the foreign bank has adopted and implements procedures to combat money laundering. The Board may also take into account whether the home country of the foreign bank is developing a legal regime to address money laundering or is participating in multilateral efforts to combat money laundering.

        ‘(C) ADDITIONAL CONDITIONS- In approving an application under this paragraph, the Board, after requesting and taking into consideration the views of the appropriate State bank supervisor or the Comptroller of the Currency, as the case may be, may impose such conditions or restrictions relating to the activities or business operations of the proposed branch, agency, or commercial lending company subsidiary, including restrictions on sources of funding, as are considered appropriate. The Board shall coordinate with the appropriate State bank supervisor or the Comptroller of the Currency, as appropriate, in the implementation of such conditions or restrictions.

        ‘(D) MODIFICATION OF CONDITIONS- Any condition or restriction imposed by the Board in connection with the approval of an application under authority of this paragraph may be modified or withdrawn.

      ‘(7) TIME PERIOD FOR BOARD ACTION-

        ‘(A) FINAL ACTION- The Board shall take final action on any application under paragraph (1) not later than 180 days after receipt of the application, except that the Board may extend for an additional 180 days the period within which to take final action on such application after providing notice of, and the reasons for, the extension to the applicant foreign bank and any appropriate State bank supervisor or the Comptroller of the Currency, as appropriate.

        ‘(B) FAILURE TO SUBMIT INFORMATION- The Board may deny any application if it does not receive information requested from the applicant foreign bank or appropriate authorities in the home country of the foreign bank in sufficient time to permit the Board to evaluate such information adequately within the time periods for final action set forth in subparagraph (A).

        ‘(C) WAIVER- A foreign bank may waive the applicability of this paragraph with respect to any application under paragraph (1).’.

    (c) TERMINATION OF FOREIGN BANK OFFICES IN THE UNITED STATES- Section 7(e)(1)(A) of the International Banking Act of 1978 (12 U.S.C. 3105(e)(1)(A)) is amended--

      (1) by inserting ‘(i)’ after ‘(A)’;

      (2) by striking ‘or’ at the end and inserting ‘and’; and

      (3) by adding at the end the following new clause:

        ‘(ii) the appropriate authorities in the home country of the foreign bank are not making demonstrable progress in establishing arrangements for the comprehensive supervision or regulation of such foreign bank on a consolidated basis; or’.

SEC. 215. DISPOSITION OF FORECLOSED ASSETS.

    Section 4(c)(2) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(c)(2)) is amended--

      (1) by striking ‘for not more than one year at a time’; and

      (2) by striking ‘but no such extensions shall extend beyond a date five years’ and inserting ‘and, in the case of a bank holding company which has not disposed of such shares within 5 years after the date on which such shares were acquired, the Board

may, upon the application of such company, grant additional exemptions if, in the judgment of the Board, such extension would not be detrimental to the public interest and, either the bank holding company has made a good faith attempt to dispose of such shares during such 5-year period, or the disposal of such shares during such 5-year period would have been detrimental to the company, except that the aggregate duration of such extensions shall not extend beyond 10 years’.

SEC. 216. EXEMPTION AUTHORITY FOR ANTITYING PROVISION.

    (a) FEDERAL RESERVE AUTHORITY- Section 106(b)(1) of the Bank Holding Company Act Amendments of 1970 (12 U.S.C. 1972(1)) is amended in the last sentence, by inserting ‘and the prohibitions of section 4(f)(9) and 4(h)(2) of the Bank Holding Company Act of 1956’ after ‘prohibition’.

    (b) OTS AUTHORITY- Section 5(q) of the Home Owners’ Loan Act (12 U.S.C. 1464(q)) is amended by adding at the end the following new paragraph:

      ‘(6) EXCEPTIONS- The Director may, by regulation or order, permit such exceptions to the prohibitions of this subsection as the Director considers will not be contrary to the purposes of this subsection and which conform to exceptions granted by the Board of Governors of the Federal Reserve System pursuant to section 106(b) of the Bank Holding Company Act Amendments of 1970.’.

SEC. 217. FDIC APPROVAL OF NEW STATE BANK POWERS.

    Section 24 of the Federal Deposit Insurance Act (12 U.S.C. 1831a) is amended--

      (1) in subsection (a)--

        (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;

        (B) by striking ‘IN GENERAL- ’ and inserting the following: ‘PERMISSIBLE ACTIVITIES-

      ‘(1) IN GENERAL- ’; and

        (C) by adding at the end the following new paragraph:

      ‘(2) PROCESSING PERIOD-

        ‘(A) IN GENERAL- The Corporation shall make a determination under paragraph (1)(A) not later than 60 days after receipt of a completed application that may be required under this subsection.

        ‘(B) EXTENSION OF TIME PERIOD- The Corporation may extend the 60-day period referred to in subparagraph (A) for not more than 30 additional days, and shall notify the applicant of any such extension.’; and

      (2) in subsection (d), by adding at the end the following new paragraph:

      ‘(3) PROCESSING PERIOD-

        ‘(A) IN GENERAL- The Corporation shall make a determination under paragraph (1)(A) not later than 60 days after receipt of a completed application that may be required under this subsection.

        ‘(B) EXTENSION OF TIME PERIOD- The Corporation may extend the 60-day period referred to in subparagraph (A) for not more than 30 additional days, and shall notify the applicant of any such extension.’.

Subtitle B--Eliminating Unnecessary Regulatory Burdens

SEC. 221. SMALL BANK EXAMINATION CYCLE.

    Section 10(d) of the Federal Deposit Insurance Act (12 U.S.C. 1820(d)) is amended--

      (1) by redesignating the second paragraph designated as paragraph (8) as paragraph (10), and by

inserting that paragraph, as redesignated, immediately after paragraph (9); and

      (2) in paragraph (10), as redesignated, by striking ‘$175,000,000’ and inserting ‘$250,000,000’.

SEC. 222. REQUIRED REVIEW OF REGULATIONS.

    (a) IN GENERAL- Not less frequently than once every 10 years, the Council and each appropriate Federal banking agency represented on the Council shall conduct a review of all regulations promulgated by the Council or by any such appropriate Federal banking agency, respectively, in order to identify outdated or otherwise unnecessary regulatory requirements imposed on insured depository institutions.

    (b) PROCESS- In conducting the review under subsection (a), the Council or the appropriate Federal banking agency shall--

      (1) categorize the regulations described in subsection (a) by type (such as consumer regulations, safety and soundness regulations, or such other designations as determined by the Council, or the appropriate Federal banking agency); and

      (2) at regular intervals, provide notice and solicit public comment on a particular category or categories of regulations, requesting commentators to identify areas of the regulations that are outdated, unnecessary, or unduly burdensome.

    (c) COMPLETE REVIEW- The Council or the appropriate Federal banking agency shall ensure that the notice and comment period described in subsection (b)(2) is conducted with respect to all regulations described in subsection (a) not less frequently than once every 10 years.

    (d) REGULATORY RESPONSE- The Council or the appropriate Federal banking agency shall--

      (1) publish in the Federal Register a summary of the comments received under this section, identifying significant issues raised and providing comment on such issues; and

      (2) eliminate unnecessary regulations to the extent that such action is appropriate.

    (e) REPORT TO CONGRESS- Not later than 30 days after carrying out subsection (d)(1), the Council shall submit to the Congress a report, which shall include--

      (1) a summary of any significant issues raised by public comments received by the Council and the appropriate Federal banking agencies under this section and the relative merits of such issues; and

      (2) an analysis of whether the appropriate Federal banking agency involved is able to address the regulatory burdens associated with such issues by regulation, or whether such burdens must be addressed by legislative action.

SEC. 223. REPEAL OF IDENTIFICATION OF NONBANK FINANCIAL INSTITUTION CUSTOMERS.

    Subchapter II of chapter 53 of title 31, United States Code, is amended--

      (1) by striking section 5327;

      (2) in the chapter analysis, by striking the item relating to section 5327; and

      (3) in section 5321(a), by striking paragraph (7).

SEC. 224. REPEAL OF CERTAIN REPORTING REQUIREMENTS.

    (a) FDIA- Section 477 of the Federal Deposit Insurance Corporation Improvement Act of 1991 (12 U.S.C. 251) is repealed.

    (b) FIRREA- Section 918 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833 note) is repealed.

    (c) ILS- Section 913 of the International Lending Supervision Act of 1983 (12 U.S.C. 3912) is repealed.

SEC. 225. INCREASE IN HOME MORTGAGE DISCLOSURE EXEMPTION THRESHOLD.

    (a) IN GENERAL- Section 309 of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2808) is amended

in the second sentence, by striking ‘$10,000,000’ and inserting ‘$50,000,000’.

    (b) OPPORTUNITY TO REDUCE COMPLIANCE BURDEN- Section 304 of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803) is amended by adding at the end the following new subsection:

    ‘(m) OPPORTUNITY TO REDUCE COMPLIANCE BURDEN-

      ‘(1) IN GENERAL-

        ‘(A) SATISFACTION OF PUBLIC AVAILABILITY REQUIREMENTS- A depository institution shall be deemed to have satisfied the public availability requirements of subsection (a) if the institution compiles the information required under that subsection at the home office of the institution and provides notice at the branch locations specified in subsection (a) that such information is available from the home office of the institution upon written request.

        ‘(B) PROVISION OF INFORMATION UPON REQUEST- Not later than 15 days after the receipt of a written request for any information required to be compiled under subsection (a), the home office of the depository institution receiving the request shall provide the information pertinent to the location of the branch in question to the person requesting the information.

      ‘(2) FORM OF INFORMATION- In complying with paragraph (1), a depository institution shall, in the sole discretion of the institution, provide the person requesting the information with--

        ‘(A) a paper copy of the information requested; or

        ‘(B) if acceptable to the person, the information through a form of electronic medium, such as a computer disk.’.

SEC. 226. ELIMINATION OF STOCK LOAN REPORTING REQUIREMENT.

    Section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)) is amended--

      (1) in paragraph (9)(A)--

        (A) by striking ‘financial institution and any affiliate of any financial institution’ and inserting ‘foreign bank, or any affiliate thereof,’; and

        (B) by striking ‘by the financial institution and such institution’s affiliates’ and inserting ‘by the foreign bank or any affiliate thereof’;

      (2) in paragraph (9)(B)--

        (A) by striking ‘paragraph--’ and inserting ‘paragraph, the following definitions shall apply:’;

        (B) by striking clause (i) and inserting the following:

          ‘(i) FOREIGN BANK- The terms ‘foreign bank’ and ‘affiliate’ have the same meanings as in section 1 of the International Banking Act of 1978.’; and

        (C) in clause (iii), by striking ‘financial institution’ and inserting ‘foreign bank or any affiliate thereof’;

      (3) in paragraph (9)(C)--

        (A) by striking ‘financial institution or any of its affiliates’ and inserting ‘foreign bank or any affiliate thereof’; and

        (B) by striking ‘financial institution or its affiliates’ and inserting ‘foreign bank or any affiliate thereof’;

      (4) in paragraph (9)(D)--

        (A) in clause (i)--

          (i) by striking ‘the financial institution and all affiliates of the institution’ and inserting ‘the foreign bank and all affiliates thereof’; and

          (ii) by striking ‘financial institution or any such affiliate’ and inserting ‘foreign bank or affiliate thereof’;

        (B) in clause (ii), by striking ‘financial institution and any affiliate of such institution’ and inserting ‘foreign bank and any affiliate thereof’; and

        (C) in clause (iii), by striking ‘financial institution’ and inserting ‘foreign bank or any affiliate thereof’; and

      (5) in paragraph (9)(E)--

        (A) in clause (i)--

          (i) by striking ‘a financial institution and the affiliates of such institution’ and inserting ‘a foreign bank or any affiliate thereof’; and

          (ii) by striking ‘institution or affiliate’ each place such term appears and inserting ‘foreign bank or any affiliate thereof’; and

        (B) in clause (ii), by striking ‘financial institution and any affiliate of such institution’ and inserting ‘foreign bank and any affiliate thereof’.

SEC. 227. CREDIT AVAILABILITY ASSESSMENT.

    (a) STUDY-

      (1) IN GENERAL- Not later than 12 months after the date of enactment of this Act, and once every 60 months thereafter, the Board, in consultation with the Director of the Office of Thrift Supervision, the Comptroller of the Currency, the Board of Directors of the Corporation, the Administrator of the National Credit Union Administration, the Administrator of the Small Business Administration, and the Secretary of Commerce, shall conduct a study and submit a report to the Congress detailing the extent of small business lending by all creditors.

      (2) CONTENTS OF STUDY- The study required under paragraph (1) shall identify, to the extent practicable, those factors which provide policymakers with insights into the small business credit market, including--

        (A) the demand for small business credit, including consideration of the impact of economic cycles on the levels of such demand;

        (B) the availability of credit to small businesses;

        (C) the range of credit options available to small businesses, such as those available from insured depository institutions and other providers of credit;

        (D) the types of credit products used to finance small business operations, including the use of traditional loans, leases, lines of credit, home equity loans, credit cards, and other sources of financing;

        (E) the credit needs of small businesses, including, if appropriate, the extent to which such needs differ, based upon product type, size of business, cash flow requirements, characteristics of ownership or investors, or other aspects of such business;

        (F) the types of risks to creditors in providing credit to small businesses; and

        (G) such other factors as the Board deems appropriate.

    (b) USE OF EXISTING DATA- The studies required by this section shall not increase the regulatory or paperwork burden on regulated financial institutions, other sources of small business credit, or small businesses.

Subtitle C--Regulatory Micromanagement

SEC. 241. NATIONAL BANK DIRECTORS.

    Section 5146 of the Revised Statutes (12 U.S.C. 72) is amended in the first sentence, by striking ‘except’ and all that follows through the end of the sentence and inserting the following: ‘except that the Comptroller may, in the discretion of the Comptroller, waive the requirement of residency.’.

SEC. 242. PAPERWORK REDUCTION REVIEW.

    Section 303(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4803(a)) is amended--

      (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

      (2) by inserting after paragraph (1) the following new paragraph:

      ‘(2) review the extent to which existing regulations require insured depository institutions and insured credit unions to produce unnecessary internal written policies and eliminate such requirements, where appropriate;’.

SEC. 243. STATE BANK REPRESENTATION ON BOARD OF DIRECTORS OF THE FDIC.

    Section 2(a)(1)(C) of the Federal Deposit Insurance Act (12 U.S.C. 1812(a)(1)(C)) is amended by inserting before the period ‘, 1 of whom shall have State bank supervisory experience’.

SEC. 244. CONSULTATION AMONG EXAMINERS.

    Section 10 of the Federal Deposit Insurance Act (12 U.S.C. 1820) is amended by adding at the end the following new subsection:

    ‘(j) CONSULTATION AMONG EXAMINERS-

      ‘(1) IN GENERAL- Each appropriate Federal banking agency shall take such action as may be necessary to ensure that examiners employed by the agency--

        ‘(A) consult on examination activities with respect to any depository institution; and

        ‘(B) achieve an agreement and resolve any inconsistencies in the recommendations to be given to such institution as a consequence of any examinations.

      ‘(2) EXAMINER-IN-CHARGE- Each appropriate Federal banking agency shall consider appointing an examiner-in-charge with respect to a depository institution to ensure consultation on examination activities among all of the examiners of that agency involved in examinations of the institution.’.

TITLE III--REGULATORY IMPACT ON COST OF CREDIT AND CREDIT AVAILABILITY

SEC. 301. AUDIT COSTS.

    (a) AUDITOR ATTESTATIONS- Section 36 of the Federal Deposit Insurance Act (12 U.S.C. 1831m) is amended by striking subsection (e) and inserting the following:

    ‘(e) [Reserved.]’.

    (b) INDEPENDENT AUDIT COMMITTEES- Section 36(g)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1831m(g)(1)) is amended--

      (1) in subparagraph (A), by inserting ‘, except as provided in subparagraph (D)’ after ‘management of the institution’; and

      (2) by adding at the end the following new subparagraph:

        ‘(D) EXEMPTION AUTHORITY-

          ‘(i) IN GENERAL- An appropriate Federal banking agency may, by order or regulation, permit the independent audit committee of an insured depository institution to be made up of less than all, but no fewer than a majority of, outside directors, if the agency determines that the institution has encountered hardships in retaining and recruiting a sufficient number of competent outside directors to serve on the internal audit committee of the institution.

          ‘(ii) FACTORS TO BE CONSIDERED- In determining whether an insured depository institution has encountered hardships referred to in clause (i), the appropriate Federal banking agency shall consider factors such as the size of the institution, and whether the institution has made a good faith effort to elect or name additional competent outside directors to the board of directors of the institution who may serve on the internal audit committee.’.

    (c) PUBLIC AVAILABILITY- Section 36(a)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1831m(a)(3)) is amended by adding at the end the following: ‘Notwithstanding the preceding sentence, the Corporation and the appropriate Federal banking agencies may designate certain information as privileged and confidential and not available to the public.’.

SEC. 302. INCENTIVES FOR SELF-TESTING.

    (a) EQUAL CREDIT OPPORTUNITY-

      (1) IN GENERAL- The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended by inserting after section 704 the following new section:

‘SEC. 704A. INCENTIVES FOR SELF-TESTING AND SELF-CORRECTION.

    ‘(a) PRIVILEGED INFORMATION-

      ‘(1) CONDITIONS FOR PRIVILEGE- A report or result of a self-test (as that term is defined by regulations of the Board) shall be considered to be privileged under paragraph (2) if a creditor--

        ‘(A) conducts, or authorizes an independent third party to conduct, a self-test of any aspect of a credit transaction by a creditor, in order to determine the level or effectiveness of compliance with this title by the creditor; and

        ‘(B) has identified any possible violation of this title by the creditor and has taken, or is taking, appropriate corrective action to address any such possible violation.

      ‘(2) PRIVILEGED SELF-TEST- If a creditor meets the conditions specified in subparagraphs (A) and (B) of paragraph (1) with respect to a self-test described in that paragraph, any report or results of that self-test--

        ‘(A) shall be privileged; and

        ‘(B) may not be obtained or used by any applicant, department, or agency in any--

          ‘(i) proceeding or civil action in which one or more violations of this title are alleged; or

          ‘(ii) examination or investigation relating to compliance with this title.

    ‘(b) RESULTS OF SELF-TESTING-

      ‘(1) IN GENERAL- No provision of this section may be construed to prevent an applicant, department, or agency from obtaining or using a report or results of any self-test in any proceeding or civil action in which a violation of this title is alleged, or in any examination or investigation of compliance with this title if--

        ‘(A) the creditor or any person with lawful access to the report or results--

          ‘(i) voluntarily releases or discloses all, or any part of, the report or results to the applicant, department, or agency, or to the general public; or

          ‘(ii) refers to or describes the report or results as a defense to charges of violations of this title against the creditor to whom the self-test relates; or

        ‘(B) the report or results are sought in conjunction with an adjudication or admission of a violation of this title for the sole purpose of determining an appropriate penalty or remedy.

      ‘(2) DISCLOSURE FOR DETERMINATION OF PENALTY OR REMEDY- Any report or results of a self-test that are disclosed for the purpose specified in paragraph (1)(B)--

        ‘(A) shall be used only for the particular proceeding in which the adjudication or admission referred to in paragraph (1)(B) is made; and

        ‘(B) may not be used in any other action or proceeding.

    ‘(c) ADJUDICATION- An applicant, department, or agency that challenges a privilege asserted under this section may seek a determination of the existence and application of that privilege in--

      ‘(1) a court of competent jurisdiction; or

      ‘(2) an administrative law proceeding with appropriate jurisdiction.’.

      (2) REGULATIONS-

        (A) IN GENERAL- Not later than 6 months after the date of enactment of this Act, in consultation with the Secretary of Housing and Urban Development and the agencies referred to in section 704 of the Equal Credit Opportunity Act, and after providing notice and an opportunity for public comment, the Board shall promulgate final regulations to implement section 704A of the Equal Credit Opportunity Act, as added by this section.

        (B) SELF-TEST-

          (i) DEFINITION- The regulations promulgated under subparagraph (A) shall include a definition of the term ‘self-test’ for purposes of section 704A of the Equal Credit Opportunity Act, as added by this section.

          (ii) REQUIREMENT FOR SELF-TEST- The regulations promulgated under subparagraph (A) shall specify that a self-test shall be sufficiently extensive to constitute a determination of the level and effectiveness of compliance by a creditor with the Equal Credit Opportunity Act.

          (iii) SUBSTANTIAL SIMILARITY TO CERTAIN FAIR HOUSING ACT REGULATIONS- The regulations promulgated under subparagraph (A) shall be substantially similar to the regulations promulgated by the Secretary of Housing and Urban Development to carry out section 814A(d) of the Fair Housing Act, as added by this section.

      (3) CLERICAL AMENDMENT- The table of sections for title VII of the Consumer Credit Protection Act is amended by inserting after the item relating to section 704 the following new item:

      ‘704A. Incentives for self-testing and self-correction.’.

    (b) FAIR HOUSING-

      (1) IN GENERAL- The Fair Housing Act (42 U.S.C. 3601 et seq.) is amended by inserting after section 814 the following new section:

‘SEC. 814A. INCENTIVES FOR SELF-TESTING AND SELF-CORRECTION.

    ‘(a) PRIVILEGED INFORMATION-

      ‘(1) CONDITIONS FOR PRIVILEGE- A report or result of a self-test (as that term is defined by regulation of the Secretary) shall be considered to be privileged under paragraph (2) if any person--

        ‘(A) conducts, or authorizes an independent third party to conduct, a self-test of any aspect of a residential real estate related lending transaction of that person, or any part of that transaction, in order to determine the level or effectiveness of compliance with this title by that person; and

        ‘(B) has identified any possible violation of this title by that person and has taken, or is taking, appropriate corrective action to address any such possible violation.

      ‘(2) PRIVILEGED SELF-TEST- If a person meets the conditions specified in subparagraphs (A) and (B) of paragraph (1) with respect to a self-test described in that paragraph, any report or results of that self-test--

        ‘(A) shall be privileged; and

        ‘(B) may not be obtained or used by any applicant, department, or agency in any--

          ‘(i) proceeding or civil action in which one or more violations of this title are alleged; or

          ‘(ii) examination or investigation relating to compliance with this title.

    ‘(b) RESULTS OF SELF-TESTING-

      ‘(1) IN GENERAL- No provision of this section may be construed to prevent an aggrieved person, complainant, department, or agency from obtaining or using a report or results of any self-test in any proceeding or civil action in which a violation of this title is alleged, or in any examination or investigation of compliance with this title if--

        ‘(A) the person to whom the self-test relates or any person with lawful access to the report or the results--

          ‘(i) voluntarily releases or discloses all, or any part of, the report or results to the aggrieved person, complainant, department, or agency, or to the general public; or

          ‘(ii) refers to or describes the report or results as a defense to charges of violations of this title against the person to whom the self-test relates; or

        ‘(B) the report or results are sought in conjunction with an adjudication or admission of a violation of this title for the sole purpose of determining an appropriate penalty or remedy.

      ‘(2) DISCLOSURE FOR DETERMINATION OF PENALTY OR REMEDY- Any report or results of a self-test that are disclosed for the purpose specified in paragraph (1)(B)--

        ‘(A) shall be used only for the particular proceeding in which the adjudication or admission referred to in paragraph (1)(B) is made; and

        ‘(B) may not be used in any other action or proceeding.

    ‘(c) ADJUDICATION- An aggrieved person, complainant, department, or agency that challenges a privilege asserted under this section may seek a determination of the existence and application of that privilege in--

      ‘(1) a court of competent jurisdiction; or

      ‘(2) an administrative law proceeding with appropriate jurisdiction.’.

      (2) REGULATIONS-

        (A) IN GENERAL- Not later than 6 months after the date of enactment of this Act, in consultation with the Board and after providing notice and an opportunity for public comment, the Secretary of Housing and Urban Development shall promulgate final regulations to implement section 814A of the Fair Housing Act, as added by this section.

        (B) SELF-TEST-

          (i) DEFINITION- The regulations promulgated by the Secretary under subparagraph (A) shall include a definition of the term ‘self-test’ for purposes of section 814A of the Fair Housing Act, as added by this section.

          (ii) REQUIREMENT FOR SELF-TEST- The regulations promulgated by the Secretary under subparagraph (A) shall specify that a self-test shall be sufficiently extensive to constitute a determination of the level and effectiveness of the compliance by a person engaged in residential real estate related lending activities with the Fair Housing Act.

          (iii) SUBSTANTIAL SIMILARITY TO CERTAIN EQUAL CREDIT OPPORTUNITY ACT REGULATIONS- The regulations promulgated under subparagraph (A) shall be substantially similar to the regulations promulgated by the Board to carry out section 704A of the Equal Credit Opportunity Act, as added by this section.

    (c) APPLICABILITY-

      (1) IN GENERAL- Except as provided in paragraph (2), the privilege provided for in section 704A of the Equal Credit Opportunity Act or section 814A of the Fair Housing Act (as those sections are added by this section) shall apply to a self-test (as that term is defined pursuant to the regulations promulgated under subsection (a)(2) or (b)(2) of this section, as appropriate) conducted before, on, or after the effective date of the regulations promulgated under subsection (a)(2) or (b)(2), as appropriate.

      (2) EXCEPTION- The privilege referred to in paragraph (1) does not apply to such a self-test conducted prior to the effective date of the regulations promulgated under subsection (a) or (b), as appropriate, if--

        (A) before that effective date, a complaint against the creditor or person engaged in residential real estate related lending activities (as the case may be) was--

          (i) formally filed in any court of competent jurisdiction; or

          (ii) the subject of an ongoing administrative law proceeding;

        (B) in the case of section 704A of the Equal Credit Opportunity Act, the creditor has waived the privilege pursuant to subsection (b)(1)(A)(i) of that section; or

        (C) in the case of section 814A of the Fair Housing Act, the person engaged in residential real estate related lending activities has waived the privilege pursuant to subsection (b)(1)(A)(i) of that section.

SEC. 303. QUALIFIED THRIFT INVESTMENT AMENDMENTS.

    (a) CREDIT CARDS- Section 5(b) of the Home Owners’ Loan Act (12 U.S.C. 1464(b)) is amended--

      (1) by striking paragraph (4); and

      (2) by redesignating paragraph (5) as paragraph (4).

    (b) LOANS OR INVESTMENTS WITHOUT PERCENTAGE OF ASSETS LIMITATION- Section 5(c)(1) of the Home Owners’ Loan Act (12 U.S.C. 1464(c)(1)) is amended by adding at the end the following new subparagraphs:

        ‘(T) CREDIT CARD LOANS- Loans made through credit cards or credit card accounts.

        ‘(U) EDUCATIONAL LOANS- Loans made for the payment of educational expenses.’.

    (c) COMMERCIAL AND OTHER LOANS- Section 5(c)(2)(A) of the Home Owners’ Loan Act (12 U.S.C. 1464(c)(2)(A)) is amended to read as follows:

        ‘(A) COMMERCIAL AND OTHER LOANS- Secured or unsecured loans for commercial, corporate, business, or agricultural purposes. The aggregate amount of loans made under this subparagraph may not exceed 20 percent of the total assets of the Federal savings association, and amounts in excess of 10 percent of such total assets may be used under this subparagraph only for small business loans, as that term is defined by the Director.’.

    (d) LOANS OR INVESTMENTS LIMITED TO 5 PERCENT OF ASSETS- Section 5(c)(3) of the Home Owners’ Loan Act (12 U.S.C. 1464(c)(3)) is amended--

      (1) by striking subparagraph (A); and

      (2) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively.

    (e) QUALIFIED THRIFT LENDER TEST- Section 10(m)(1) of the Home Owners’ Loan Act (12 U.S.C. 1467a(m)(1)) is amended--

      (1) by redesignating subparagraph (B) as clause (ii);

      (2) in subparagraph (A), by striking ‘(A) the savings’ and inserting ‘(B)(i) the savings’; and

      (3) by inserting after ‘if--’ the following new subparagraph:

        ‘(A) the savings association qualifies as a domestic building and loan association, as such term is defined in section 7701(a)(19) of the Internal Revenue Code of 1986; or’.

    (f) BRANCHING- Section 5(r) of the Home Owners’ Loan Act (12 U.S.C. 1464(r)) is amended--

      (1) in paragraph (1)--

        (A) in the first sentence--

          (i) by inserting before the period ‘, or qualifies as a qualified thrift lender, as determined under section 10(m) of this Act’; and

          (ii) by striking ‘(c)’ and inserting ‘(C)’; and

        (B) in the second sentence, by inserting before the period ‘or as a qualified thrift lender, as determined under section 10(m) of this Act, as applicable’; and

      (2) in paragraph (2), by striking subparagraph (C) and inserting the following:

      ‘(C) the law of the State where the branch is located, or is to be located, would permit establishment of the branch if the association was a savings association or savings bank chartered by the State in which its home office is located; or’.

    (g) DEFINITION- Section 10(m)(4) of the Home Owners’ Loan Act (12 U.S.C. 1467a(m)(4)) is amended--

      (1) by striking ‘subsection--’ and inserting ‘subsection, the following definitions shall apply:’;

      (2) in subparagraph (C)--

        (A) in clause (ii), by adding at the end the following new subclause:

            ‘(VII) Loans for educational purposes, loans to small businesses, and loans made through credit cards or credit card accounts.’; and

        (B) in clause (iii), by striking subclause (VI) and inserting the following:

            ‘(VI) Loans for personal, family, or household purposes (other than loans for personal, family, or household purposes described in clause (ii)(VII)).’; and

      (3) by adding at the end the following new subparagraphs:

        ‘(D) CREDIT CARD- The Director shall issue such regulations as may be necessary to define the term ‘credit card’.

        ‘(E) SMALL BUSINESS- The Director shall issue such regulations as may be necessary to define the term ‘small business’.’.

SEC. 304. LIMITED PURPOSE BANKS.

    (a) GROWTH CAP RELIEF- Section 4(f)(3)(B) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(f)(3)(B)) is amended--

      (1) in clause (ii), by adding ‘or’ at the end;

      (2) in clause (iii), by striking ‘; or’ at the end and inserting a period; and

      (3) by striking clause (iv).

    (b) LIMITED PURPOSE BANK EXCEPTION- Section 2(c)(2)(F) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(c)(2)(F)) is amended by inserting ‘, including an institution that accepts collateral for extensions of credit by holding deposits under $100,000, and by other means’ after ‘An institution’.

SEC. 305. AMENDMENT TO FAIR DEBT COLLECTION PRACTICES ACT.

    (a) IN GENERAL- Section 807(11) of the Fair Debt Collection Practices Act (15 U.S.C. 1692e(11)) is amended to read as follows:

      ‘(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph does not apply to a formal pleading made in connection with a legal action.’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect 90 days after the date of enactment of this Act and shall apply to all communications made after that date of enactment.

SEC. 306. INCREASE IN CERTAIN CREDIT UNION LOAN CEILINGS.

    Section 107(5)(A) of the Federal Credit Union Act (12 U.S.C. 1757(5)(A)) is amended--

      (1) in clause (iv), by striking ‘$10,000’ and inserting ‘$20,000’; and

      (2) in clause (v), by striking ‘$10,000’ and inserting ‘$20,000’.

SEC. 307. BANK INVESTMENTS IN EDGE ACT AND AGREEMENT CORPORATIONS.

    The 10th undesignated paragraph of section 25A of the Federal Reserve Act (12 U.S.C. 618) is amended by striking the last sentence and inserting the following: ‘Any national bank may invest in the stock of any corporation organized under this section. The aggregate amount of stock held by any national bank in all corporations engaged in business of the kind described in this section or section 25 shall not exceed an amount equal to 10 percent of the capital and surplus of such bank unless the Board determines that the investment of an additional amount by the bank would not be unsafe or unsound and, in any case, shall not exceed an amount equal to 20 percent of the capital and surplus of such bank.’.

TITLE IV--CONSUMER CREDIT

Subtitle A--Credit Reporting Reform

SEC. 401. SHORT TITLE.

    This subtitle may be cited as the ‘Consumer Credit Reporting Reform Act of 1996’.

SEC. 402. DEFINITIONS.

    (a) ADVERSE ACTION- Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following new subsection:

    ‘(k) ADVERSE ACTION-

      ‘(1) ACTIONS INCLUDED- The term ‘adverse action’--

        ‘(A) has the same meaning as in section 701(d)(6) of the Equal Credit Opportunity Act; and

        ‘(B) means--

          ‘(i) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance;

          ‘(ii) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee;

          ‘(iii) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 604(a)(3)(D); and

          ‘(iv) an action taken or determination that is--

            ‘(I) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 604(a)(3)(F)(ii); and

            ‘(II) adverse to the interests of the consumer.

      ‘(2) APPLICABLE FINDINGS, DECISIONS, COMMENTARY, AND ORDERS- For purposes of any determination of whether an action is an adverse action under paragraph (1)(A), all appropriate final findings, decisions, commentary, and orders issued under section 701(d)(6) of the Equal Credit Opportunity Act by the Board of Governors of the Federal Reserve System or any court shall apply.’.

    (b) FIRM OFFER OF CREDIT OR INSURANCE- Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) (as amended by subsection (a) of this section) is amended by adding at the end the following new subsection:

    ‘(l) FIRM OFFER OF CREDIT OR INSURANCE- The term ‘firm offer of credit or insurance’ means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except

that the offer may be further conditioned on one or more of the following:

      ‘(1) The consumer being determined, based on information in the consumer’s application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established--

        ‘(A) before selection of the consumer for the offer; and

        ‘(B) for the purpose of determining whether to extend credit or insurance pursuant to the offer.

      ‘(2) Verification--

        ‘(A) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumer’s application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or

        ‘(B) of the information in the consumer’s application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability.

      ‘(3) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was--

        ‘(A) established before selection of the consumer for the offer of credit or insurance; and

        ‘(B) disclosed to the consumer in the offer of credit or insurance.’.

    (c) CREDIT OR INSURANCE TRANSACTION THAT IS NOT INITIATED BY THE CONSUMER- Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) (as amended by subsection (b) of this section) is amended by adding at the end the following new subsection:

    ‘(m) CREDIT OR INSURANCE TRANSACTION THAT IS NOT INITIATED BY THE CONSUMER- The term ‘credit or insurance transaction that is not initiated by the consumer’ does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of--

      ‘(1) reviewing the account or insurance policy; or

      ‘(2) collecting the account.’.

    (d) STATE- Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) (as amended by subsection (c) of this section) is amended by adding at the end the following new subsection:

    ‘(n) STATE- The term ‘State’ means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States.’.

    (e) DEFINITION OF CONSUMER REPORT- Section 603(d) of the Fair Credit Reporting Act (15 U.S.C. 1681a(d)) is amended--

      (1) by striking ‘(d) The term’ and inserting the following:

    ‘(d) CONSUMER REPORT-

      ‘(1) IN GENERAL- The term’;

      (2) by striking ‘for (1) credit’ and inserting the following: ‘for--

        ‘(A) credit’;

      (3) by striking ‘purposes, or (2)’ and all that follows through ‘section 604.’ and inserting the following: ‘purposes;

        ‘(B) employment purposes; or

        ‘(C) any other purpose authorized under section 604.’; and

      (4) by striking the second sentence and inserting the following:

      ‘(2) EXCLUSIONS- The term ‘consumer report’ does not include--

        ‘(A) any--

          ‘(i) report containing information solely as to transactions or experiences between the consumer and the person making the report;

          ‘(ii) communication of that information among persons related by common ownership or affiliated by corporate control; or

          ‘(iii) any communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, prior to the time that the information is initially communicated, to direct that such information not be communicated among such persons;

        ‘(B) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device;

        ‘(C) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 615; or

        ‘(D) a communication described in subsection (o).’.

    (f) EXCLUSION OF CERTAIN COMMUNICATIONS BY EMPLOYMENT AGENCIES FROM DEFINITION OF CONSUMER REPORT- Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following new subsection:

    ‘(o) EXCLUDED COMMUNICATIONS- A communication is described in this subsection if it is a communication--

      ‘(1) that, but for subsection (d)(2)(E), would be an investigative consumer report;

      ‘(2) that is made to a prospective employer for the purpose of--

        ‘(A) procuring an employee for the employer; or

        ‘(B) procuring an opportunity for a natural person to work for the employer;

      ‘(3) that is made by a person who regularly performs such procurement;

      ‘(4) that is not used by any person for any purpose other than a purpose described in subparagraph (A) or (B) of paragraph (2); or

      ‘(5) with respect to which--

        ‘(A) the consumer who is the subject of the communication--

          ‘(i) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication;

          ‘(ii) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication; and

          ‘(iii) in the case of consent under clause (i) or (ii) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person;

        ‘(B) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation; and

        ‘(C) the person who makes the communication--

          ‘(i) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumer’s file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought; and

          ‘(ii) notifies the consumer who is the subject of the communication, in writing, of the consumer’s right to request the information described in clause (i).’.

    (g) CONSUMER REPORTING AGENCY THAT COMPILES AND MAINTAINS FILES ON A NATIONWIDE BASIS- Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) (as amended by subsection (f) of this section) is amended by adding at the end the following new subsection:

    ‘(p) CONSUMER REPORTING AGENCY THAT COMPILES AND MAINTAINS FILES ON CONSUMERS ON A NATIONWIDE BASIS- The term ‘consumer reporting agency that compiles and maintains files on consumers on a nationwide basis’ means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumer’s credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide:

      ‘(1) Public record information.

      ‘(2) Credit account information from persons who furnish that information regularly and in the ordinary course of business.’.

SEC. 403. FURNISHING CONSUMER REPORTS; USE FOR EMPLOYMENT PURPOSES.

    (a) FURNISHING CONSUMER REPORTS FOR BUSINESS TRANSACTIONS- Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended--

      (1) by inserting ‘(a) IN GENERAL- ’ before ‘A consumer reporting agency’; and

      (2) in subsection (a)(3) (as so designated by paragraph (1) of this subsection), by striking subparagraph (E) and inserting the following:

        ‘(E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or

      ‘(F) otherwise has a legitimate business need for the information--

        ‘(i) in connection with a business transaction that--

          ‘(I) is initiated by the consumer; or

          ‘(II) is a direct marketing transaction for which the furnishing of information from a consumer’s file by the agency is not prohibited under subsection (d); or

        ‘(ii) to review an account to determine whether the consumer continues to meet the terms of the account.’.

    (b) FURNISHING AND USING CONSUMER REPORTS FOR EMPLOYMENT PURPOSES- Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended by adding at the end the following new subsection:

    ‘(b) Conditions for Furnishing and Using Consumer Reports for Employment Purposes-

      ‘(1) CERTIFICATION FROM USER- A consumer reporting agency may furnish a consumer report for employment purposes only if--

        ‘(A) the person who obtains such report from the agency certifies to the agency that--

          ‘(i) the person has complied with paragraph (2) with respect to the consumer report, and the person will comply with paragraph (3) with respect to the consumer report if paragraph (3) becomes applicable; and

          ‘(ii) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation; and

        ‘(B) the consumer reporting agency provides with the report a summary of the consumer’s rights under this title, as prescribed by the Federal Trade Commission under section 609(c)(3).

      ‘(2) DISCLOSURE TO CONSUMER- A person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless--

        ‘(A) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and

        ‘(B) the consumer has authorized in writing the procurement of the report by that person.

      ‘(3) CONDITIONS ON USE FOR ADVERSE ACTIONS- In using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates--

        ‘(A) a copy of the report; and

        ‘(B) a description in writing of the rights of the consumer under this title, as prescribed by the Federal Trade Commission under section 609(c)(3).’.

SEC. 404. USE OF CONSUMER REPORTS FOR PRESCREENING AND DIRECT MARKETING; PROHIBITION ON UNAUTHORIZED OR UNCERTIFIED USE OF INFORMATION.

    (a) IN GENERAL- Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) (as amended by section 403 of this division) is amended--

      (1) in subsection (a), by striking ‘A consumer reporting agency’ and inserting ‘Subject to subsections (c) and (d), any consumer reporting agency’; and

      (2) by adding at the end the following new subsections:

    ‘(c) FURNISHING REPORTS IN CONNECTION WITH CREDIT OR INSURANCE TRANSACTIONS THAT ARE NOT INITIATED BY THE CONSUMER-

      ‘(1) IN GENERAL- A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph (A) or (C) of subsection (a)(3) in connection with any credit or insurance transaction that is not initiated by the consumer only if--

        ‘(A) the consumer authorizes the agency to provide such report to such person; or

        ‘(B)(i) the transaction consists of a firm offer of credit or insurance;

        ‘(ii) the consumer reporting agency has complied with subsection (e); and

        ‘(iii) there is not in effect an election by the consumer, made in accordance with subsection (e), to have the consumer’s name and address excluded from lists of names provided by the agency pursuant to this paragraph.

      ‘(2) LIMITS ON INFORMATION RECEIVED UNDER PARAGRAPH (1)(B)- A person may receive pursuant to paragraph (1)(B) only--

        ‘(A) the name and address of a consumer;

        ‘(B) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer; and

        ‘(C) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.

      ‘(3) INFORMATION REGARDING INQUIRIES- Except as provided in section 609(a)(5), a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.

    ‘(d) FURNISHING INFORMATION FROM CONSUMER FILES IN CONNECTION WITH DIRECT MARKETING TRANSACTIONS THAT ARE NOT INITIATED BY THE CONSUMER-

      ‘(1) IN GENERAL- A consumer reporting agency may furnish information from a file relating to a consumer pursuant to subsection (a)(3)(F) in connection with a direct marketing transaction that is not initiated by the consumer only if--

        ‘(A) the consumer authorizes the agency to provide such information to such person; or

        ‘(B)(i) the consumer reporting agency has complied with subsection (e); and

        ‘(ii) there is not in effect an election by the consumer, made in accordance with subsection (e), to have the name and address of the consumer excluded from lists of names provided by the agency pursuant to this paragraph.

      ‘(2) LIMITS ON FURNISHING INFORMATION UNDER PARAGRAPH (1)(B)- A consumer reporting agency may furnish, pursuant to paragraph (1)(B), only the name and address of a consumer and other information that would not disclose the credit payment history, credit limit, credit balance, or any negative information pertaining to the consumer.

      ‘(3) INFORMATION REGARDING INQUIRIES- Except as provided in section 609(a)(5), a consumer reporting agency shall not furnish to any person a record of inquiries made in connection with a direct marketing transaction that is not initiated by a consumer.

    ‘(e) ELECTION OF CONSUMER TO BE EXCLUDED FROM LISTS-

      ‘(1) IN GENERAL- A consumer may elect to have the consumer’s name and address excluded from any list provided by a consumer reporting agency under subsection (c)(1)(B) in connection with a credit or insurance transaction that is not initiated by the consumer or under subsection (d)(1)(B) in connection with a direct marketing transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph (2) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer or any direct marketing transaction that is not initiated by the consumer.

      ‘(2) MANNER OF NOTIFICATION- A consumer shall notify a consumer reporting agency under paragraph (1)--

        ‘(A) through the notification system maintained by the agency under paragraph (5); or

        ‘(B) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.

      ‘(3) RESPONSE OF AGENCY AFTER NOTIFICATION THROUGH SYSTEM- Upon receipt of notification of the election of a consumer under paragraph (1) through the notification system maintained by the agency under paragraph (5), a consumer reporting agency shall--

        ‘(A) inform the consumer that the election is effective only for the 2-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph (2)(B); and

        ‘(B) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph (5), in the case of a request made at the time the consumer provides notification through the system.

      ‘(4) EFFECTIVENESS OF ELECTION- An election of a consumer under paragraph (1)--

        ‘(A) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph (2);

        ‘(B) shall be effective with respect to a consumer reporting agency--

          ‘(i) subject to subparagraph (C), during the 2-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph (2)(A); or

          ‘(ii) until the consumer notifies the agency under subparagraph (C), in the case of an election for which a consumer notifies the agency in accordance with paragraph (2)(B);

        ‘(C) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph (5), that the election is no longer effective; and

        ‘(D) shall be effective with respect to each affiliate of the agency.

      ‘(5) NOTIFICATION SYSTEM-

        ‘(A) IN GENERAL- Each consumer reporting agency that, under subsection (c)(1)(B), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer or, under subsection (d)(1)(B), furnishes a consumer report in connection with a direct marketing transaction that is not initiated by a consumer, shall--

          ‘(i) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumer’s election to have the consumer’s name and address excluded from any such list of names and addresses provided by the agency for such a transaction; and

          ‘(ii) publish by not later than 365 days after the date of enactment of the Consumer Credit Reporting Reform Act of 1996, and not less than annually thereafter, in a publication of general circulation in the area served by the agency--

            ‘(I) a notification that information in consumer files maintained by the agency may be used in connection with such transactions; and

            ‘(II) the address and toll-free telephone number for consumers to use to notify the agency of the consumer’s election under clause (i).

        ‘(B) ESTABLISHMENT AND MAINTENANCE AS COMPLIANCE- Establishment and maintenance of a notification system (including a toll-free telephone number) and publication by a consumer reporting agency on the agency’s own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be

compliance with this paragraph by each of those affiliates.

      ‘(6) NOTIFICATION SYSTEM BY AGENCIES THAT OPERATE NATIONWIDE- Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph (5) jointly with other such consumer reporting agencies.’.

    (b) USE OF INFORMATION OBTAINED FROM REPORTS- Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) (as amended by subsection (a) of this section) is amended by adding at the end the following new subsection:

    ‘(f) CERTAIN USE OR OBTAINING OF INFORMATION PROHIBITED- A person shall not use or obtain a consumer report for any purpose unless--

      ‘(1) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section; and

      ‘(2) the purpose is certified in accordance with section 607 by a prospective user of the report through a general or specific certification.’.

    (c) FTC GUIDELINES REGARDING PRESCREENING FOR INSURANCE TRANSACTIONS- The Federal Trade Commission may issue such guidelines as it deems necessary with respect to the use of consumer reports in connection with insurance transactions that are not initiated by the consumer pursuant to section 604(c) of the Fair Credit Reporting Act, as added by subsection (a) of this section.

SEC. 405. CONSUMER CONSENT REQUIRED TO FURNISH CONSUMER REPORT CONTAINING MEDICAL INFORMATION.

    Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended by adding at the end the following new subsection:

    ‘(g) FURNISHING REPORTS CONTAINING MEDICAL INFORMATION- A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction or a direct marketing transaction, a consumer report that contains medical information about a consumer, unless the consumer consents to the furnishing of the report.’.

SEC. 406. OBSOLETE INFORMATION AND INFORMATION CONTAINED IN CONSUMER REPORTS.

    (a) AMENDMENT TO LARGE-DOLLAR EXCEPTION- Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended--

      (1) by inserting ‘INFORMATION EXCLUDED FROM CONSUMER REPORTS- ’ after ‘(a)’;

      (2) in subsection (b)--

        (A) in paragraph (1), by striking ‘$50,000’ and inserting ‘$150,000’;

        (B) in paragraph (2), by striking ‘$50,000’ and inserting ‘$150,000’; and

        (C) in paragraph (3), by striking ‘$20,000’ and inserting ‘$75,000’.

    (b) CLARIFICATION OF REPORTING PERIOD- Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) (as amended by subsection (a) of this section) is amended by adding at the end the following new subsection:

    ‘(c) RUNNING OF REPORTING PERIOD-

      ‘(1) IN GENERAL- The 7-year period referred to in paragraphs (4) and (6) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.

      ‘(2) EFFECTIVE DATE- Paragraph (1) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after the date of enactment of the Consumer Credit Reporting Reform Act of 1996.’.

    (c) ADDITIONAL INFORMATION ON BANKRUPTCY FILINGS REQUIRED- Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the end the following new subsection:

    ‘(d) INFORMATION REQUIRED TO BE DISCLOSED- Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that arises under title 11, United States Code, shall include in the report an identification of the chapter of such title 11 under which such case arises if provided by the source of the information. If any case arising or filed under title 11, United States Code, is withdrawn by the consumer prior to a final judgment, the consumer reporting agency shall include in the report that such case or filing was withdrawn upon receipt of documentation certifying such withdrawal.’.

    (d) INDICATION OF CLOSURE OF ACCOUNT; INDICATION OF DISPUTE BY CONSUMER- Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the end the following new subsections:

    ‘(e) INDICATION OF CLOSURE OF ACCOUNT BY CONSUMER- If a consumer reporting agency is notified pursuant to section 623(a)(4) that a credit account of a consumer was voluntarily closed by the consumer, the agency shall indicate that fact in any consumer report that includes information related to the account.

    ‘(f) INDICATION OF DISPUTE BY CONSUMER- If a consumer reporting agency is notified pursuant to section 623(a)(3) that information regarding a consumer who was furnished to the agency is disputed by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed information.’.

    (e) CONFORMING AMENDMENTS-

      (1) Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended in the section heading, by striking ‘obsolete information’ and inserting ‘requirements relating to information contained in consumer reports’.

      (2) The table of sections for the Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended by striking the item relating to section 605 and inserting the following:

      ‘605. Requirements relating to information contained in consumer reports.’.

SEC. 407. COMPLIANCE PROCEDURES.

    (a) DISCLOSURE OF CONSUMER REPORTS BY USERS- Section 607 of the Fair Credit Reporting Act (15 U.S.C. 1681e) is amended by adding at the end the following new subsection:

    ‘(c) DISCLOSURE OF CONSUMER REPORTS BY USERS ALLOWED- A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.’.

    (b) NOTICE TO USERS AND PROVIDERS OF INFORMATION TO ENSURE COMPLIANCE- Section 607 of the Fair Credit Reporting Act (15 U.S.C. 1681e) is amended by adding after subsection (c) (as added by subsection (a) of this section) the following new subsection:

    ‘(d) NOTICE TO USERS AND FURNISHERS OF INFORMATION-

      ‘(1) NOTICE REQUIREMENT- A consumer reporting agency shall provide to any person--

        ‘(A) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer; or

        ‘(B) to whom a consumer report is provided by the agency;

a notice of such person’s responsibilities under this title.

      ‘(2) CONTENT OF NOTICE- The Federal Trade Commission shall prescribe the content of notices under paragraph (1), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph (1) that is substantially similar to the Federal Trade Commission prescription under this paragraph.’.

    (c) RECORD OF IDENTITY OF USERS AND PURPOSES CERTIFIED BY USERS OF REPORTS- Section 607 of the Fair Credit Reporting Act (15 U.S.C. 1681e) is amended by adding after subsection (d) (as added by subsection (b) of this section) the following new subsection:

    ‘(e) PROCUREMENT OF CONSUMER REPORT FOR RESALE-

      ‘(1) DISCLOSURE- A person may not procure a consumer report for purposes of reselling the report (or any information in the report) unless the person discloses to the consumer reporting agency that originally furnishes the report--

        ‘(A) the identity of the end-user of the report (or information); and

        ‘(B) each permissible purpose under section 604 for which the report is furnished to the end-user of the report (or information).

      ‘(2) RESPONSIBILITIES OF PROCURERS FOR RESALE- A person who procures a consumer report for purposes of reselling the report (or any information in the report) shall--

        ‘(A) establish and comply with reasonable procedures designed to ensure that the report (or information) is resold by the person only for a purpose for which the report may be furnished under section 604, including by requiring that each person to which the report (or information) is resold and that resells or provides the report (or information) to any other person--

          ‘(i) identifies each end user of the resold report (or information);

          ‘(ii) certifies each purpose for which the report (or information) will be used; and

          ‘(iii) certifies that the report (or information) will be used for no other purpose; and

        ‘(B) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph (A).’.

SEC. 408. CONSUMER DISCLOSURES.

    (a) ALL INFORMATION IN CONSUMER’S FILE REQUIRED TO BE DISCLOSED- Section 609(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681g(a)(1)) is amended to read as follows:

      ‘(1) All information in the consumer’s file at the time of the request, except that nothing in this paragraph shall be construed to require a consumer reporting agency to disclose to a consumer any information concerning credit scores or any other risk scores or predictors relating to the consumer.’.

    (b) MORE INFORMATION CONCERNING RECIPIENTS OF REPORTS REQUIRED- Section 609(a)(3) of the Fair Credit Reporting Act (15 U.S.C. 1681g(a)) is amended to read as follows:

      ‘(3)(A) Identification of each person (including each end-user identified under section 607(e)(1)) that procured a consumer report--

        ‘(i) for employment purposes, during the 2-year period preceding the date on which the request is made; or

        ‘(ii) for any other purpose, during the 1-year period preceding the date on which the request is made.

      ‘(B) An identification of a person under subparagraph (A) shall include--

        ‘(i) the name of the person or, if applicable, the trade name (written in full) under which such person conducts business; and

        ‘(ii) upon request of the consumer, the address and telephone number of the person.’.

    (c) INFORMATION REGARDING INQUIRIES- Section 609(a) of the Fair Credit Reporting Act (15 U.S.C. 1681g(a)) is amended by adding at the end the following new paragraph:

      ‘(5) A record of all inquiries received by the agency during the 1-year period preceding the request that identified the consumer in connection with a credit or insurance transaction that was not initiated by the consumer.’.

    (d) SUMMARY OF RIGHTS REQUIRED TO BE INCLUDED WITH DISCLOSURE-

      (1) IN GENERAL- Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended by adding at the end the following new subsection:

    ‘(c) SUMMARY OF RIGHTS REQUIRED TO BE INCLUDED WITH DISCLOSURE-

      ‘(1) SUMMARY OF RIGHTS- A consumer reporting agency shall provide to a consumer, with each written disclosure by the agency to the consumer under this section--

        ‘(A) a written summary of all of the rights that the consumer has under this title; and

        ‘(B) in the case of a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis, a toll-free telephone number established by the agency, at which personnel are accessible to consumers during normal business hours.

      ‘(2) SPECIFIC ITEMS REQUIRED TO BE INCLUDED- The summary of rights required under paragraph (1) shall include--

        ‘(A) a brief description of this title and all rights of consumers under this title;

        ‘(B) an explanation of how the consumer may exercise the rights of the consumer under this title;

        ‘(C) a list of all Federal agencies responsible for enforcing any provision of this title and the address and any appropriate phone number of each such agency, in a form that will assist the consumer in selecting the appropriate agency;

        ‘(D) a statement that the consumer may have additional rights under State law and that the consumer may wish to contact a State or local consumer protection agency or a State attorney general to learn of those rights; and

        ‘(E) a statement that a consumer reporting agency is not required to remove accurate derogatory information from a consumer’s file, unless the information is outdated under section 605 or cannot be verified.

      ‘(3) FORM OF SUMMARY OF RIGHTS- For purposes of this subsection and any disclosure by a consumer reporting agency required under this title with respect to consumers’ rights, the Federal Trade Commission (after consultation with each Federal agency referred to in section 621(b)) shall prescribe the form and content of any such disclosure of the rights of consumers required under this title. A consumer reporting agency shall be in compliance with this subsection if it provides disclosures under paragraph (1) that are substantially similar to the

Federal Trade Commission prescription under this paragraph.

      ‘(4) EFFECTIVENESS- No disclosures shall be required under this subsection until the date on which the Federal Trade Commission prescribes the form and content of such disclosures under paragraph (3).’.

      (2) TECHNICAL AMENDMENT- Section 606(a)(1)(B) of the Fair Credit Reporting Act (15 U.S.C. 1681d(a)(1)(B)) is amended by inserting ‘and the written summary of the rights of the consumer prepared pursuant to section 609(c)’ before the semicolon.

    (e) FORM OF DISCLOSURES-

      (1) IN GENERAL- Subsections (a) and (b) of section 610 of the Fair Credit Reporting Act (15 U.S.C. 1681h) are amended to read as follows:

    ‘(a) IN GENERAL-

      ‘(1) PROPER IDENTIFICATION- A consumer reporting agency shall require, as a condition of making the disclosures required under section 609, that the consumer furnish proper identification.

      ‘(2) DISCLOSURE IN WRITING- Except as provided in subsection (b), the disclosures required to be made under section 609 shall be provided under that section in writing.

    ‘(b) OTHER FORMS OF DISCLOSURE-

      ‘(1) IN GENERAL- If authorized by a consumer, a consumer reporting agency may make the disclosures required under 609--

        ‘(A) other than in writing; and

        ‘(B) in such form as may be--

          ‘(i) specified by the consumer in accordance with paragraph (2); and

          ‘(ii) available from the agency.

      ‘(2) FORM- A consumer may specify pursuant to paragraph (1) that disclosures under section 609 shall be made--

        ‘(A) in person, upon the appearance of the consumer at the place of business of the consumer reporting agency where disclosures are regularly provided, during normal business hours, and on reasonable notice;

        ‘(B) by telephone, if the consumer has made a written request for disclosure by telephone;

        ‘(C) by electronic means, if available from the agency; or

        ‘(D) by any other reasonable means that is available from the agency.’.

      (2) SIMPLIFIED DISCLOSURE- Not later than 90 days after the date of enactment of this Act, each consumer reporting agency shall develop a form on which such consumer reporting agency shall make the disclosures required under section 609(a) of the Fair Credit Reporting Act, for the purpose of maximizing the comprehensibility and standardization of such disclosures.

      (3) GOALS- The Federal Trade Commission shall take appropriate action to assure that the goals of comprehensibility and standardization are achieved in accordance with paragraph (2).

      (4) DEFAMATION- Section 610(e) of the Fair Credit Reporting Act (15 U.S.C. 1681h(e)) is amended by inserting ‘or based on information disclosed by a user of a consumer report to or for a consumer against whom the user has taken adverse action, based in whole or in part on the report’ before ‘except’.

      (5) CONFORMING AMENDMENTS- The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended--

        (A) in section 609(a), in the matter preceding paragraph (1), by striking ‘and proper identification of any consumer’ and inserting ‘, and subject to section 610(a)(1)’;

        (B) in section 610, in the section heading, by inserting ‘and form’ after ‘conditions’; and

        (C) in the table of sections at the beginning of that Act, in the item relating to section 610, by inserting ‘and form’ after ‘conditions’.

SEC. 409. PROCEDURES IN CASE OF THE DISPUTED ACCURACY OF ANY INFORMATION IN A CONSUMER’S FILE.

    (a) IN GENERAL- Section 611(a) of the Fair Credit Reporting Act (15 U.S.C. 1681i(a)) is amended to read as follows:

    ‘(a) REINVESTIGATIONS OF DISPUTED INFORMATION-

      ‘(1) REINVESTIGATION REQUIRED-

        ‘(A) IN GENERAL- If the completeness or accuracy of any item of information contained in a consumer’s file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer.

        ‘(B) EXTENSION OF PERIOD TO REINVESTIGATE- Except as provided in subparagraph (C), the 30-day period described in subparagraph (A) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation.

        ‘(C) LIMITATIONS ON EXTENSION OF PERIOD TO REINVESTIGATE- Subparagraph (B) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph (A), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information cannot be verified.

      ‘(2) PROMPT NOTICE OF DISPUTE TO FURNISHER OF INFORMATION-

        ‘(A) IN GENERAL- Prior to the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer in accordance with paragraph (1), the agency shall provide notification of the dispute to any person who provided any item of information in dispute, at the address and in the manner established with the person. The notice shall include all relevant information regarding the dispute that the agency has received from the consumer.

        ‘(B) PROVISION OF OTHER INFORMATION FROM CONSUMER- The consumer reporting agency shall promptly provide to the person who provided the information in dispute all relevant information regarding the dispute that is received by the agency from the consumer after the period referred to in subparagraph (A) and before the end of the period referred to in paragraph (1)(A).

      ‘(3) DETERMINATION THAT DISPUTE IS FRIVOLOUS OR IRRELEVANT-

        ‘(A) IN GENERAL- Notwithstanding paragraph (1), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information.

        ‘(B) NOTICE OF DETERMINATION- Upon making any determination in accordance with subparagraph (A) that a dispute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the agency.

        ‘(C) CONTENTS OF NOTICE- A notice under subparagraph (B) shall include--

          ‘(i) the reasons for the determination under subparagraph (A); and

          ‘(ii) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.

      ‘(4) CONSIDERATION OF CONSUMER INFORMATION- In conducting any reinvestigation under paragraph (1) with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in paragraph (1)(A) with respect to such disputed information.

      ‘(5) TREATMENT OF INACCURATE OR UNVERIFIABLE INFORMATION-

        ‘(A) IN GENERAL- If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall promptly delete that item of information from the consumer’s file or modify that item of information, as appropriate, based on the results of the reinvestigation.

        ‘(B) REQUIREMENTS RELATING TO REINSERTION OF PREVIOUSLY DELETED MATERIAL-

          ‘(i) CERTIFICATION OF ACCURACY OF INFORMATION- If any information is deleted from a consumer’s file pursuant to subparagraph (A), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate.

          ‘(ii) NOTICE TO CONSUMER- If any information that has been deleted from a consumer’s file pursuant to subparagraph (A) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency.

          ‘(iii) ADDITIONAL INFORMATION- As part of, or in addition to, the notice under clause (ii), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion--

            ‘(I) a statement that the disputed information has been reinserted;

            ‘(II) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; and

            ‘(III) a notice that the consumer has the right to add a statement to the consumer’s file disputing the accuracy or completeness of the disputed information.

        ‘(C) PROCEDURES TO PREVENT REAPPEARANCE- A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer’s file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph (other than information that is reinserted in accordance with subparagraph (B)(i)).

        ‘(D) AUTOMATED REINVESTIGATION SYSTEM- Any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall implement an automated system through which furnishers of information to that consumer reporting agency may report the results of a reinvestigation that finds incomplete or inaccurate information in a consumer’s file to other such consumer reporting agencies.

      ‘(6) NOTICE OF RESULTS OF REINVESTIGATION-

        ‘(A) IN GENERAL- A consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation under this subsection not later than 5 business days after the completion of the reinvestigation, by mail or, if authorized by the consumer for that purpose, by other means available to the agency.

        ‘(B) CONTENTS- As part of, or in addition to, the notice under subparagraph (A), a consumer reporting agency shall provide to a consumer in writing prior to the expiration of the 5-day period referred to in subparagraph (A)--

          ‘(i) a statement that the reinvestigation is completed;

          ‘(ii) a consumer report that is based upon the consumer’s file as that file is revised as a result of the reinvestigation;

          ‘(iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available;

          ‘(iv) a notice that the consumer has the right to add a statement to the consumer’s file disputing the accuracy or completeness of the information; and

          ‘(v) a notice that the consumer has the right to request under subsection (d) that the consumer reporting agency furnish notifications under that subsection.

      ‘(7) DESCRIPTION OF REINVESTIGATION PROCEDURE- A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B)(iv) by not later than 15 days after receiving a request from the consumer for that description.

      ‘(8) EXPEDITED DISPUTE RESOLUTION- If a dispute regarding an item of information in a consumer’s file at a consumer reporting agency is resolved in accordance with paragraph (5)(A) by the deletion of the disputed information by not later than 3 business days after the date on which the agency receives notice of the dispute from the consumer in accordance with paragraph (1)(A), then the agency shall not be required to comply with paragraphs (2), (6), and (7) with respect to that dispute if the agency--

        ‘(A) provides prompt notice of the deletion to the consumer by telephone;

        ‘(B) includes in that notice, or in a written notice that accompanies a confirmation and consumer report provided in accordance with subparagraph (C), a statement of the consumer’s right to request under subsection (d) that the agency furnish notifications under that subsection; and

        ‘(C) provides written confirmation of the deletion and a copy of a consumer report on the consumer that is based on the consumer’s file after the deletion, not later than 5 business days after making the deletion.’.

    (b) CONFORMING AMENDMENT- Section 611(d) of the Fair Credit Reporting Act (15 U.S.C. 1681i(d)) is amended by striking ‘The consumer reporting agency shall clearly’ and all that follows through the end of the subsection.

SEC. 410. CHARGES FOR CERTAIN DISCLOSURES.

    Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is amended to read as follows:

‘SEC. 612. CHARGES FOR CERTAIN DISCLOSURES.

    ‘(a) REASONABLE CHARGES ALLOWED FOR CERTAIN DISCLOSURES-

      ‘(1) IN GENERAL- Except as provided in subsections (b), (c), and (d), a consumer reporting agency may impose a reasonable charge on a consumer--

        ‘(A) for making a disclosure to the consumer pursuant to section 609, which charge--

          ‘(i) shall not exceed $8; and

          ‘(ii) shall be indicated to the consumer prior to making the disclosure; and

        ‘(B) for furnishing, pursuant to section 611(d), following a reinvestigation under section 611(a), a statement, codification, or summary to a person designated by the consumer under that section after the 30-day period beginning on the date of notification of the consumer under paragraph (6) or (8) of section 611(a) with respect to the reinvestigation, which charge--

          ‘(i) shall not exceed the charge that the agency would impose on each designated recipient for a consumer report; and

          ‘(ii) shall be indicated to the consumer prior to furnishing such information.

      ‘(2) MODIFICATION OF AMOUNT- The Federal Trade Commission shall increase the amount referred to in paragraph (1)(A)(i) on January 1 of each year, based proportionally on changes in the

Consumer Price Index, with fractional changes rounded to the nearest fifty cents.

    ‘(b) FREE DISCLOSURE AFTER ADVERSE NOTICE TO CONSUMER- Each consumer reporting agency that maintains a file on a consumer shall make all disclosures pursuant to section 609 without charge to the consumer if, not later than 60 days after receipt by such consumer of a notification pursuant to section 615, or of a notification from a debt collection agency affiliated with that consumer reporting agency stating that the consumer’s credit rating may be or has been adversely affected, the consumer makes a request under section 609.

    ‘(c) FREE DISCLOSURE UNDER CERTAIN OTHER CIRCUMSTANCES- Upon the request of the consumer, a consumer reporting agency shall make all disclosures pursuant to section 609 once during any 12-month period without charge to that consumer if the consumer certifies in writing that the consumer--

      ‘(1) is unemployed and intends to apply for employment in the 60-day period beginning on the date on which the certification is made;

      ‘(2) is a recipient of public welfare assistance; or

      ‘(3) has reason to believe that the file on the consumer at the agency contains inaccurate information due to fraud.

    ‘(d) OTHER CHARGES PROHIBITED- A consumer reporting agency shall not impose any charge on a consumer for providing any notification required by this title or making any disclosure required by this title, except as authorized by subsection (a).’.

SEC. 411. DUTIES OF USERS OF CONSUMER REPORTS.

    (a) DUTIES OF USERS TAKING ADVERSE ACTIONS- Section 615(a) of the Fair Credit Reporting Act (15 U.S.C. 1681m(a)) is amended to read as follows:

    ‘(a) DUTIES OF USERS TAKING ADVERSE ACTIONS ON THE BASIS OF INFORMATION CONTAINED IN CONSUMER REPORTS- If any person takes any adverse action with respect to any consumer that is based in whole or in part on any information contained in a consumer report, the person shall--

      ‘(1) provide oral, written, or electronic notice of the adverse action to the consumer;

      ‘(2) provide to the consumer orally, in writing, or electronically--

        ‘(A) the name, address, and telephone number of the consumer reporting agency (including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis) that furnished the report to the person; and

        ‘(B) a statement that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the consumer the specific reasons why the adverse action was taken; and

      ‘(3) provide to the consumer an oral, written, or electronic notice of the consumer’s right--

        ‘(A) to obtain, under section 612, a free copy of a consumer report on the consumer from the consumer reporting agency referred to in paragraph (2), which notice shall include an indication of the 60-day period under that section for obtaining such a copy; and

        ‘(B) to dispute, under section 611, with a consumer reporting agency the accuracy or completeness of any information in a consumer report furnished by the agency.’.

    (b) DUTIES OF USERS MAKING CERTAIN CREDIT SOLICITATIONS- Section 615 of the Fair Credit Reporting Act (15 U.S.C. 1681m) is amended by adding at the end the following new subsection:

    ‘(d) DUTIES OF USERS MAKING WRITTEN CREDIT OR INSURANCE SOLICITATIONS ON THE BASIS OF INFORMATION CONTAINED IN CONSUMER FILES-

      ‘(1) IN GENERAL- Any person who uses a consumer report on any consumer in connection with any credit or insurance transaction that is not initiated by the consumer, that is provided to that person under section 604(c)(1)(B), shall provide with each written solicitation made to the consumer regarding the transaction a clear and conspicuous statement that--

        ‘(A) information contained in the consumer’s consumer report was used in connection with the transaction;

        ‘(B) the consumer received the offer of credit or insurance because the consumer satisfied the criteria for credit worthiness or insurability under which the consumer was selected for the offer;

        ‘(C) if applicable, the credit or insurance may not be extended if, after the consumer responds to the offer, the consumer does not meet the criteria used to select the consumer for the offer or any applicable criteria bearing on credit worthiness or insurability or does not furnish any required collateral;

        ‘(D) the consumer has a right to prohibit information contained in the consumer’s file with any consumer reporting agency from being used in connection with any credit or insurance transaction that is not initiated by the consumer; and

        ‘(E) the consumer may exercise the right referred to in subparagraph (D) by notifying a notification system established under section 604(e).

      ‘(2) DISCLOSURE OF ADDRESS AND TELEPHONE NUMBER- A statement under paragraph (1) shall include the address and toll-free telephone number of the appropriate notification system established under section 604(e).

      ‘(3) MAINTAINING CRITERIA ON FILE- A person who makes an offer of credit or insurance to a consumer under a credit or insurance transaction described in paragraph (1) shall maintain on file the criteria used to select the consumer to receive the offer, all criteria bearing on credit worthiness or insurability, as applicable, that are the basis for determining whether or not to extend credit or insurance pursuant to the offer, and any requirement for the furnishing of collateral as a condition of the extension of credit or insurance, until the expiration of the 3-year period beginning on the date on which the offer is made to the consumer.

      ‘(4) AUTHORITY OF FEDERAL AGENCIES REGARDING UNFAIR OR DECEPTIVE ACTS OR PRACTICES NOT AFFECTED- This section is not intended to affect the authority of any Federal or State agency to enforce a prohibition against unfair or deceptive acts or practices, including the making of false or misleading statements in connection with a credit or insurance transaction that is not initiated by the consumer.’.

    (c) DUTIES OF USERS MAKING OTHER SOLICITATIONS- Section 615 of the Fair Credit Reporting Act (15 U.S.C. 1681m) is amended by adding at the end the following new subsection:

    ‘(e) DUTIES OF USERS MAKING OTHER WRITTEN SOLICITATIONS ON THE BASIS OF INFORMATION CONTAINED IN CONSUMER FILES-

      ‘(1) IN GENERAL- A person who, in connection with any direct marketing transaction that is not initiated by a consumer, uses a consumer report on that consumer that is provided to that person

under section 604(a)(3)(F)(i)(II), shall provide with the initial written solicitation made to the consumer regarding the transaction a clear and conspicuous statement that--

        ‘(A) information contained in the consumer’s consumer report was used in connection with the transaction;

        ‘(B) the consumer has a right to prohibit information contained in the consumer’s file with any consumer reporting agency from being used in connection with any direct marketing transaction that is not initiated by the consumer; and

        ‘(C) the consumer may exercise the right referred to in subparagraph (B) by notifying a notification system established under section 604(e).

      ‘(2) DISCLOSURE OF ADDRESS AND TELEPHONE NUMBER- A statement under paragraph (1) shall include the address and toll-free telephone number of the appropriate notification system established under section 604(e).

      ‘(3) AUTHORITY OF FEDERAL AGENCIES REGARDING UNFAIR OR DECEPTIVE ACTS OR PRACTICES NOT AFFECTED- This section is not intended to affect the authority of any Federal or State agency to enforce a prohibition against unfair or deceptive acts or practices, including the making of false or misleading statements in connection with a direct marketing transaction that is not initiated by the consumer.’.

    (d) CONFORMING AMENDMENT- Section 615(c) of the Fair Credit Reporting Act (15 U.S.C. 1681m(c)) is amended by striking ‘subsections (a) and (b)’ and inserting ‘this section’.

    (e) DUTIES OF PERSON TAKING CERTAIN ACTIONS BASED ON INFORMATION PROVIDED BY AFFILIATE- Section 615(b) of the Fair Credit Reporting Act (15 U.S.C. 1681m(b)) is amended--

      (1) by striking ‘(b) Whenever credit’ and inserting the following:

    ‘(b) ADVERSE ACTION BASED ON INFORMATION OBTAINED FROM THIRD PARTIES OTHER THAN CONSUMER REPORTING AGENCIES-

      ‘(1) IN GENERAL- Whenever credit’;

      (2) by adding at the end the following new paragraph:

      ‘(2) DUTIES OF PERSON TAKING CERTAIN ACTIONS BASED ON INFORMATION PROVIDED BY AFFILIATE-

        ‘(A) DUTIES, GENERALLY- If a person takes an action described in subparagraph (B) with respect to a consumer, based in whole or in part on information described in subparagraph (C), the person shall--

          ‘(i) notify the consumer of the action, including a statement that the consumer may obtain the information in accordance with clause (ii); and

          ‘(ii) upon a written request from the consumer received within 60 days after transmittal of the notice required by clause (i), disclose to the consumer the nature of the information upon which the action is based by not later than 30 days after receipt of the request.

        ‘(B) ACTION DESCRIBED- An action referred to in subparagraph (A) is an adverse action described in section 603(k)(1)(A), taken in connection with a transaction initiated by the consumer, or any adverse action described in clause (i) or (ii) of section 603(k)(1)(B).

        ‘(C) INFORMATION DESCRIBED- Information referred to in subparagraph (A)--

          ‘(i) except as provided in clause (ii), is information that--

            ‘(I) is furnished to the person taking the action by a person related by common ownership or affiliated by common corporate control to the person taking the action; and

            ‘(II) bears on the credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living of the consumer; and

          ‘(ii) does not include--

            ‘(I) information solely as to transactions or experiences between the consumer and the person furnishing the information; or

            ‘(II) information in a consumer report.’.

SEC. 412. CIVIL LIABILITY.

    (a) CIVIL LIABILITY FOR WILLFUL NONCOMPLIANCE- Section 616 of the Fair Credit Reporting Act (15 U.S.C. 1681n) is amended by striking ‘Any consumer reporting agency or user of information which’ and inserting ‘(a) IN GENERAL- Any person who’.

    (b) MINIMUM CIVIL LIABILITY FOR WILLFUL NONCOMPLIANCE- Section 616(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681n(1)), as so designated by subsection (a) of this section, is amended to read as follows:

      ‘(1)(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or

      ‘(B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;’.

    (c) CIVIL LIABILITY FOR KNOWING NONCOMPLIANCE- Section 616 of the Fair Credit Reporting Act (15 U.S.C. 1681n) is amended by adding at the end the following new subsection:

    ‘(b) CIVIL LIABILITY FOR KNOWING NONCOMPLIANCE- Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.’.

    (d) CIVIL LIABILITY FOR NEGLIGENT NONCOMPLIANCE- Section 617 of the Fair Credit Reporting Act (15 U.S.C. 1681o) is amended by striking ‘Any consumer reporting agency or user of information which’ and inserting ‘(a) IN GENERAL- Any person who’.

    (e) ATTORNEY’S FEES-

      (1) WILLFUL NONCOMPLIANCE- Section 616 of the Fair Credit Reporting Act (15 U.S.C. 1681n) is amended by adding at the end the following new subsection:

    ‘(c) ATTORNEY’S FEES- Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney’s fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.’.

      (2) NEGLIGENT NONCOMPLIANCE- Section 617 of the Fair Credit Reporting Act (15 U.S.C. 1681o) is amended by adding at the end the following new subsection:

    ‘(b) ATTORNEY’S FEES- On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall

award to the prevailing party attorney’s fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.’.

SEC. 413. RESPONSIBILITIES OF PERSONS WHO FURNISH INFORMATION TO CONSUMER REPORTING AGENCIES.

    (a) IN GENERAL- The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended--

      (1) by redesignating section 623 as section 624; and

      (2) by inserting after section 622 the following:

‘SEC. 623. RESPONSIBILITIES OF FURNISHERS OF INFORMATION TO CONSUMER REPORTING AGENCIES.

    ‘(a) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION-

      ‘(1) PROHIBITION-

        ‘(A) REPORTING INFORMATION WITH ACTUAL KNOWLEDGE OF ERRORS- A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.

        ‘(B) REPORTING INFORMATION AFTER NOTICE AND CONFIRMATION OF ERRORS- A person shall not furnish information relating to a consumer to any consumer reporting agency if--

          ‘(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and

          ‘(ii) the information is, in fact, inaccurate.

        ‘(C) NO ADDRESS REQUIREMENT- A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph (B) shall not be subject to subparagraph (A); however, nothing in subparagraph (B) shall require a person to specify such an address.

      ‘(2) DUTY TO CORRECT AND UPDATE INFORMATION- A person who--

        ‘(A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person’s transactions or experiences with any consumer; and

        ‘(B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate,

      shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.

      ‘(3) DUTY TO PROVIDE NOTICE OF DISPUTE- If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

      ‘(4) DUTY TO PROVIDE NOTICE OF CLOSED ACCOUNTS- A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.

      ‘(5) DUTY TO PROVIDE NOTICE OF DELINQUENCY OF ACCOUNTS- A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action.

    ‘(b) DUTIES OF FURNISHERS OF INFORMATION UPON NOTICE OF DISPUTE-

      ‘(1) IN GENERAL- After receiving notice pursuant to section 611(a)(2) of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall--

        ‘(A) conduct an investigation with respect to the disputed information;

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