[104th Congress Public Law 208]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ208.104]


[[Page 110 STAT. 3001]]

  
  
  
*Public Law 104-208
104th Congress

                                 An Act


 
 Making omnibus consolidated appropriations for the fiscal year ending 
     September 30, 1997, and for other purposes. <<NOTE: Sept. 30, 
                         1996 -  [H.R. 3610]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America <<NOTE: Omnibus Consolidated Appropriations 
Act, 1997.>>  in Congress assembled,

                               DIVISION A

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

                     TITLE I--OMNIBUS APPROPRIATIONS

      Sec. 101. (a) For programs, projects or activities in the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1997, provided as follows, to be effective 
as if it had been enacted into law as the regular appropriations Act:

 AN <<NOTE: Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1997.>> ACT

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

 TITLE I--DEPARTMENT <<NOTE: Department of Justice Appropriations Act, 
1997.>>  OF JUSTICE

                         General Administration

                          salaries and expenses

      For expenses necessary for the administration of the Department of 
Justice, $75,773,000 of which not to exceed $3,317,000 is for the 
Facilities Program 2000, to remain available until expended: Provided, 
That not to exceed 43 permanent positions and 44 full-time equivalent 
workyears and $7,477,000 shall be expended for the Department Leadership 
Program exclusive of augmentation that occurred in these offices in 
fiscal year 1996: Provided further, That not to exceed 41 permanent 
positions and 48 full-time equivalent workyears and $4,660,000 shall be 
expended for the Offices of Legislative Affairs and Public Affairs:
---------------------------------------------------------------------------
    *Note: This is a typeset print of the original hand enrollment 
as signed by the President on September 30, 1996. The text is 
printed without corrections. Missing text in the original is 
indicated by a footnote.

[[Page 110 STAT. 3009-1]]



Provided further, That the latter two aforementioned offices shall not 
be augmented by personnel details, temporary transfers of personnel on 
either a reimbursable or non-reimbursable basis or any other type of 
formal or informal transfer or reimbursement of personnel or funds on 
either a temporary or long-term basis.
      For an additional amount, for enhancements for the Office of 
Intelligence Policy and Review and security measures, $3,600,000; of 
which $2,170,000 is for security enhancements: Provided, That the entire 
amount is designated by Congress as an emergency requirement pursuant to 
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                          counterterrorism fund

      For necessary expenses, as determined by the Attorney General, 
$9,450,000, to remain available until expended, to reimburse any 
Department of Justice organization for (1) the costs incurred in 
reestablishing the operational capability of an office or facility which 
has been damaged or destroyed as a result of the bombing of the Alfred 
P. Murrah Federal Building in Oklahoma City or any domestic or 
international terrorist incident, (2) the costs of providing support to 
counter, investigate or prosecute domestic or international terrorism, 
including payment of rewards in connection with these activities, and 
(3) the costs of conducting a terrorism threat assessment of Federal 
agencies and their facilities: Provided, That funds provided under this 
heading shall be available only after the Attorney General notifies the 
Committees on Appropriations of the House of Representatives and the 
Senate in accordance with section 605 of this Act.
      For an additional amount for necessary expenses, as determined by 
the Attorney General, $20,000,000, to remain available until expended, 
to reimburse any Department of Justice organization for (1) the costs 
incurred in reestablishing the operational capability of an office or 
facility which has been damaged or destroyed as a result of any domestic 
or international terrorist incident, or (2) the costs of providing 
support to counter, investigate or prosecute domestic or international 
terrorism, including payment of rewards in connection with these 
activities: Provided, That the entire amount is designated by Congress 
as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                    administrative review and appeals

      For expenses necessary for the administration of pardon and 
clemency petitions and immigration related activities, $62,000,000.
      For an additional amount for security measures for the Executive 
Office of Immigration Review, $1,000,000: Provided, That the entire 
amount is designated by Congress as an emergency requirement pursuant to 
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

   violent crime reduction programs, administrative review and appeals

      For activities authorized by section 130005 of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322),

[[Page 110 STAT. 3009-2]]

as amended, $48,000,000, to remain available until expended, which shall 
be derived from the Violent Crime Reduction Trust Fund.

                       office of inspector general

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

                     United States Parole Commission

                          salaries and expenses

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

                            Legal Activities

             salaries and expenses, general legal activities

      For expenses, necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including not to exceed $20,000 
for expenses of collecting evidence, to be expended under the direction 
of, and to be accounted for solely under the certificate of, the 
Attorney General; and rent of private or Government-owned space in the 
District of Columbia; 420,793,000; of which not to exceed $10,000,000 
for litigation support contracts shall remain available until expended: 
Provided, That of the funds available in this appropriation, not to 
exceed $17,525,000 shall remain available until expended for office 
automation systems for the legal divisions covered by this 
appropriation, and for the United States Attorneys, the Antitrust 
Division, and offices funded through ``Salaries and Expenses'', General 
Administration: Provided further, That of the total amount appropriated, 
not to exceed $1,000 shall be available to the United States National 
Central Bureau, INTERPOL, for official reception and representation 
expenses: Provided further, That notwithstanding 31 U.S.C. 1342, the 
Attorney General may accept on behalf of the United States, and credit 
to this appropriation, gifts of money, personal property and services, 
for the purposes of hosting the International Criminal Police 
Organization's (INTERPOL) American Regional Conference in the United 
States during fiscal year 1997: Provided further, That not to exceed 8 
permanent positions and 10 full-time equivalent workyears and $987,000 
shall be expended for the Office of Legislative Affairs and Public 
Affairs: Provided further, That the latter two aforementioned offices 
shall not be augmented by personnel details, temporary transfers of 
personnel on either a reimbursable or nonreimbursable basis or any other 
type of formal or informal transfer or reimbursement of personnel or 
funds on either a temporary or long-term basis.
      In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986 as amended, not to exceed

[[Page 110 STAT. 3009-3]]

$4,028,000, to be appropriated from the Vaccine Injury Compensation 
Trust Fund.
      For an additional amount for expenses of the Criminal Division 
relating to terrorism, $1,719,000: Provided, That the entire amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended.

       violent crime reduction programs, general legal activities

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

                salaries and expenses, antitrust division

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

             salaries and expenses, united states attorneys

      For necessary expenses of the Office of the United States 
Attorneys, including intergovernmental agreements, $923,340,000; of 
which not to exceed $2,500,000 shall be available until September 30, 
1998, for the purposes of (1) providing training of personnel of the 
Department of Justice in debt collection, (2) providing services to the 
Department of Justice related to locating debtors and their property, 
such as title searches, debtor skiptracing, asset searches, credit 
reports and other investigations, (3) paying the costs of the Department 
of Justice for the sale of property not covered by the sale proceeds, 
such as auctioneers' fees and expenses, maintenance and protection of 
property and businesses, advertising and title search and surveying 
costs, and (4) paying the costs of processing and tracking debts owed to 
the United States Government: Provided, That of the total amount 
appropriated, not to exceed $8,000 shall be available for official 
reception and representation expenses: Provided further, That not to 
exceed $10,000,000 of those funds available for automated litigation 
support contracts shall remain available until expended: Provided 
further, That $1,900,000 for supervision of the International 
Brotherhood of Teamsters national election, shall remain available until 
expended: Provided further, That in addition to reimbursable full-time 
equivalent workyears available to the Office of the United States 
Attorneys,

[[Page 110 STAT. 3009-4]]

not to exceed 8,652 positions and 8,936 full-time equivalent workyears 
shall be supported from the funds appropriated in this Act for the 
United States Attorneys.
      For an additional amount for expenses relating to terrorism and 
security needs, $10,900,000: Provided, That the entire amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended.

        violent crime reduction programs, united states attorneys

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

                    united states trustee system fund

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

       salaries and expenses, foreign claims settlement commission

      For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 5 
U.S.C. 3109, $953,000.

          salaries and expenses, united states marshals service

      For necessary expenses of the United States Marshals Service; 
including the acquisition, lease, maintenance, and operation of vehicles 
and aircraft, and the purchase of passenger motor vehicles for police-
type use, without regard to the general purchase price limitation for 
the current fiscal year, $457,495,000, as authorized by 28 U.S.C. 
561(i); of which not to exceed $6,000 shall be available for official 
reception and representation expenses; and of which

[[Page 110 STAT. 3009-5]]

not to exceed $4,000,000 for development, implementation, maintenance 
and support, and training for an automated prisoner information system, 
and $2,200,000 to support the Justice Prisoner and Alien Transportation 
System, shall remain available until expended: Provided, That, with 
respect to the amounts appropriated above, the service of maintaining 
and transporting State, local, or territorial prisoners shall be 
considered a specialized or technical service for purposes of 31 U.S.C. 
6505, and any prisoners so transported shall be considered persons 
(transported for other than commercial purposes) whose presence is 
associated with the performance of a governmental function for purposes 
of 49 U.S.C. 40102: Provided further, That not to exceed 12 permanent 
positions and 12 full-time equivalent workyears and $700,000 shall be 
expended for the Offices of Legislative Affairs and Public Affairs: 
Provided further, That the latter two aforementioned offices shall not 
be augmented by personnel details, temporary transfers of personnel on 
either a reimbursable or nonreimbursable basis or any other type of 
formal or informal transfer or reimbursement of personnel or funds on 
either a temporary or long-term basis.

    violent crime reduction programs, united states marshals service

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

                       federal prisoner detention

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

                     fees and expenses of witnesses

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

[[Page 110 STAT. 3009-6]]

           salaries and expenses, community relations service

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

                         assets forfeiture fund

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

                     Radiation Exposure Compensation

                         administrative expenses

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

          payment to radiation exposure compensation trust fund

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

                       Interagency Law Enforcement

                 interagency crime and drug enforcement

      For necessary expenses for the detection, investigation, and 
prosecution of individuals involved in organized crime drug trafficking 
not otherwise provided for, to include intergovernmental agreements with 
State and local law enforcement agencies engaged in the investigation 
and prosecution of individuals involved in organized crime drug 
trafficking, $359,430,000, of which $50,000,000 shall remain available 
until expended: Provided, That any amounts obligated from appropriations 
under this heading may be used under authorities available to the 
organizations reimbursed from this appropriation: Provided further, That 
any unobligated balances remaining available at the end of the fiscal 
year shall revert to the Attorney General for reallocation among 
participating organizations in succeeding fiscal years, subject to the 
reprogramming procedures described in section 605 of this Act.

[[Page 110 STAT. 3009-7]]

                     Federal Bureau of Investigation

                          salaries and expenses

      For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States; including purchase for police-type use of not to exceed 2,706 
passenger motor vehicles, of which 1,945 will be for replacement only, 
without regard to the general purchase price limitation for the current 
fiscal year, and hire of passenger motor vehicles; acquisition, lease, 
maintenance, and operation of aircraft; and not to exceed $70,000 to 
meet unforeseen emergencies of a confidential character, to be expended 
under the direction of, and to be accounted for solely under the 
certificate of, the Attorney General; $2,451,361,000, of which not to 
exceed $50,000,000 for automated data processing and telecommunications 
and technical investigative equipment and $1,000,000 for undercover 
operations shall remain available until September 30, 1998; of which not 
less than $147,081,000 shall be for counterterrorism investigations, 
foreign counterintelligence, and other activities related to our 
national security; of which not to exceed $98,400,000 shall remain 
available until expended; and of which not to exceed $10,000,000 is 
authorized to be made available for making payments or advances for 
expenses arising out of contractual or reimbursable agreements with 
State and local law enforcement agencies while engaged in cooperative 
activities related to violent crime, terrorism, organized crime, and 
drug investigations; and of which $1,500,000 shall be available to 
maintain an independent program office dedicated solely to the 
relocation of the Criminal Justice Information Services Division and the 
automation of fingerprint identification services: Provided, That not to 
exceed $45,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed 81 
permanent positions and 85 full-time equivalent workyears and $5,959,000 
shall be expended for the Office of Legislative Affairs and Public 
Affairs: Provided further, That the latter two aforementioned offices 
shall not be augmented by personnel details, temporary transfers of 
personnel on either a reimbursable or nonreimbursable basis or any other 
type of formal or informal transfer or reimbursement of personnel or 
funds on either a temporary or long-term basis.
      For an additional amount for necessary expenses of the Federal 
Bureau of Investigation to prevent and investigate terrorism activities 
and incidents; provide for additional agents and support staff; protect 
key physical assets; establish a capability for chemical, biological and 
nuclear research; improve domestic intelligence; and improve security at 
Federal Bureau of Investigation offices, $115,610,000, as authorized by 
the Antiterrorism and Effective Death Penalty Act of 1996 (P.L. 104-
132): Provided, That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                    violent crime reduction programs

      For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322) as amended (``the 1994 
Act''), and the Antiterrorism and Effective Death Penalty

[[Page 110 STAT. 3009-8]]

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

               telecommunications carrier compliance fund

      For necessary expenses, as determined by the Attorney General, 
$60,000,000, to remain available until expended, to be deposited in the 
Telecommunications Carrier Compliance Fund for making payments to 
telecommunications carriers, equipment manufacturers, and providers of 
telecommunications support services pursuant to section 110 of this Act: 
Provided, That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the entire amount not previously designated by 
the President as an emergency requirement shall be available only to the 
extent an official budget request, for a specific dollar amount that 
includes designation of the entire amount of the request as an emergency 
requirement, as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted to Congress.

                              construction

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

                     Drug Enforcement Administration

                          salaries and expenses

      For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character, to be expended under the direction of, and to be 
accounted for solely under the certificate of, the Attorney General; 
expenses for conducting drug education and training programs, including 
travel and related expenses for participants in such programs and the 
distribution of items of token value that promote the goals of such 
programs; purchase of not to exceed 1,158 passenger motor vehicles, of 
which 1,032 will be for replacement only, for police-type use without 
regard to the general purchase price limitation for the current fiscal 
year; and acquisition, lease, maintenance, and operation of aircraft;

[[Page 110 STAT. 3009-9]]

$745,388,000, of which not to exceed $1,800,000 for research and 
$15,000,000 for transfer to the Drug Diversion Control Fee Account for 
operating expenses shall remain available until expended, and of which 
not to exceed $4,000,000 for purchase of evidence and payments for 
information, not to exceed $4,000,000 for contracting for automated data 
processing and telecommunications equipment, and not to exceed 
$2,000,000 for laboratory equipment, $4,000,000 for technical equipment, 
and $2,000,000 for aircraft replacement retrofit and parts, shall remain 
available until September 30, 1998; and of which not to exceed $50,000 
shall be available for official reception and representation expenses: 
Provided, That not to exceed 25 permanent positions and 25 full-time 
equivalent workyears and $1,828,000 shall be expended for the Office of 
Legislative Affairs and Public Affairs: Provided further, That the 
latter two aforementioned offices shall not be augmented by personnel 
details, temporary transfers of personnel on either a reimbursable or 
nonreimbursable basis or any other type of formal or informal transfer 
or reimbursement of personnel or funds on either a temporary or long-
term basis.
      For an additional amount for security measures for domestic and 
foreign Drug Enforcement Administration offices, $5,000,000: Provided, 
That the entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended.

                    violent crime reduction programs

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

                              construction

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

                 Immigration and Naturalization Service

                          salaries and expenses

                      (including transfer of funds)

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

[[Page 110 STAT. 3009-10]]

for the current fiscal year, and hire of passenger motor vehicles; 
acquisition, lease, maintenance and operation of aircraft; and research 
related to immigration enforcement; $1,590,159,000 of which not to 
exceed $400,000 for research shall remain available until expended; and 
of which not to exceed $10,000,000 shall be available for costs 
associated with the training program for basic officer training, and 
$5,000,000 is for payments or advances arising out of contractual or 
reimbursable agreements with State and local law enforcement agencies 
while engaged in cooperative activities related to immigration: 
Provided, That none of the funds available to the Immigration and 
Naturalization Service shall be available to pay any employee overtime 
pay in an amount in excess of $30,000 during the calendar year beginning 
January 1, 1997: Provided further, That uniforms may be purchased 
without regard to the general purchase price limitation for the current 
fiscal year: Provided further, That not to exceed $5,000 shall be 
available for official reception and representation expenses: Provided 
further, That none of the funds provided in this or any other Act shall 
be used for the continued operation of the San Clemente and Temecula 
checkpoints unless the checkpoints are open and traffic is being checked 
on a continuous 24-hour basis: Provided further, That the Land 
Border <<NOTE: 8 USC 1356 note.>>  Fee Pilot Project scheduled to end 
September 30, 1996, is extended to September 30, 1999, for projects on 
both the northern and southern borders of the United States, except that 
no pilot program may implement a universal land border crossing toll: 
Provided further, That obligated and unobligated balances available to 
``Salaries and Expenses, Community Relations Service'' under section 
501(c) of the Refugee Education Assistance Act of 1980 are transferred 
to this account and shall remain available until expended: Provided 
further, That not to exceed 48 permanent positions and 48 full-time 
equivalent workyears and $4,628,000 shall be expended for the Office of 
Legislative Affairs and Public Affairs: Provided further, That the 
latter two aforementioned offices shall not be augmented by personnel 
details, temporary transfers of personnel on either a reimbursable or 
nonreimbursable basis or any other type of formal or informal transfer 
or reimbursement of personnel or funds on either a temporary or long-
term basis.
      For an additional amount to support the detention and removal of 
aliens with ties to terrorist organizations and expand the detention and 
removal of illegal aliens and enhance the intelligence of the 
Immigration and Naturalization Service, $15,000,000, of which 
$10,000,000 shall be for detention and removal of aliens: Provided, That 
the entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

                    violent crime reduction programs

      For activities authorized by sections 130002, 130005, 130006, 
130007, and 190001(b) of the Violent Crime Control and Law Enforcement 
Act of 1994 (Public Law 103-322), as amended, and section 813 of the 
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-
132), $500,000,000, to remain available until expended, which will be 
derived from the Violent Crime Reduction Trust Fund, of which 
$66,217,000 shall be for expeditious deportation of denied asylum 
applicants, $317,256,000 shall be for improving border controls, and 
$116,527,000 shall be for detention

[[Page 110 STAT. 3009-11]]

and deportation proceedings: Provided, That amounts not required for 
asylum processing provided under the expeditious deportation of denied 
asylum applicants shall also be available for other deportation program 
activities.

                              construction

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

                          Federal Prison System

                          salaries and expenses

      For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, including 
purchase (not to exceed 836, of which 572 are for replacement only) and 
hire of law enforcement and passenger motor vehicles, and for the 
provision of technical assistance and advice on corrections related 
issues to foreign governments; $2,768,316,000: Provided, That the 
Attorney <<NOTE: 42 USC 250a.>>  General may transfer to the Health 
Resources and Services Administration such amounts as may be necessary 
for direct expenditures by that Administration for medical relief for 
inmates of Federal penal and correctional institutions: Provided 
further, That the Director of the Federal Prison System (FPS), where 
necessary, may enter into contracts with a fiscal agent/fiscal 
intermediary claims processor to determine the amounts payable to 
persons who, on behalf of the FPS, furnish health services to 
individuals committed to the custody of the FPS: Provided further, That 
uniforms may be purchased without regard to the general purchase price 
limitation for the current fiscal year: Provided further, That not to 
exceed $6,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed 
$90,000,000 for the activation of new facilities shall remain available 
until September 30, 1998: Provided further, That of the amounts provided 
for Contract Confinement, not to exceed $20,000,000 shall remain 
available until expended to make payments in advance for grants, 
contracts and reimbursable agreements, and other expenses authorized by 
section 501(c) of the Refugee Education Assistance Act of 1980, as 
amended, for the care and security in the United States of Cuban and 
Haitian entrants: Provided further, That notwithstanding section 4(d) of 
the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS may enter into 
contracts and other agreements with private entities for periods of not 
to exceed 3 years and 7 additional option years for the confinement of 
Federal prisoners: Provided further, That the National <<NOTE: 18 USC 
4352 note.>>  Institute of Corrections hereafter shall be included in 
the FPS Salaries and Expenses budget, in the Contract Confinement 
program and shall continue to perform its current functions under 18 
U.S.C. 4351, et seq., with the exception of its grant program and shall 
collect reimbursement for services whenever possible: Provided further, 
That any unexpended balances available to the ``National Institute of 
Corrections'' account shall be credited to and merged with this 
appropriation, to remain available until expended.

[[Page 110 STAT. 3009-12]]

                    violent crime reduction programs

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

                        buildings and facilities

      For planning, acquisition of sites and construction of new 
facilities; leasing the Oklahoma City Airport Trust Facility; purchase 
and acquisition of facilities and remodeling, and equipping of such 
facilities for penal and correctional use, including all necessary 
expenses incident thereto, by contract or force account; and 
constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account; 
$395,700,000, to remain available until expended, of which not to exceed 
$14,074,000 shall be available to construct areas for inmate work 
programs: Provided, That labor of United States prisoners may be used 
for work performed under this appropriation: Provided further, That not 
to exceed 10 percent of the funds appropriated to ``Buildings and 
Facilities'' in this Act or any other Act may be transferred to 
``Salaries and Expenses'', Federal Prison System, upon notification by 
the Attorney General to the Committees on Appropriations of the House of 
Representatives and the Senate in compliance with provisions set forth 
in section 605 of this Act: Provided further, That of the total amount 
appropriated, not to exceed $36,570,000 shall be available for the 
renovation and construction of United States Marshals Service prisoner-
holding facilities.

                 federal prison industries, incorporated

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

   limitation on administrative expenses, federal prison industries, 
                              incorporated

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

[[Page 110 STAT. 3009-13]]

disposition of facilities and other property belonging to the 
corporation or in which it has an interest.

                       Office of Justice Programs

                           justice assistance

      For grants, contracts, cooperative agreements, and other 
assistance authorized by title I of the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended, and the Missing Children's Assistance 
Act, as amended, including salaries and expenses in connection 
therewith, and with the Victims of Crime Act of 1984, as amended, 
$101,429,000, to remain available until expended, as authorized by 
section 1001 of title I of the Omnibus Crime Control and Safe Streets 
Act, as amended by Public Law 102-534 (106 Stat. 3524).
      For an additional amount, $17,000,000, to remain available until 
expended; of which $5,000,000 shall be for Local Firefighter and 
Emergency Services Training Grants as authorized by section 819 of the 
Antiterrorism and Effective Death Penalty Act of 1996 (``the 
Antiterrorism Act''); of which $10,000,000 shall be for development of 
counterterrorism technologies to help State and local law enforcement 
combat terrorism, as authorized by section 821 of the Antiterrorism Act; 
of which $2,000,000 shall be for specialized multi-agency response 
training: Provided, That the entire amount is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the entire amount not previously designated by 
the President as an emergency requirement shall be available only to the 
extent an official budget request, for a specific dollar amount that 
includes designation of the entire amount of the request as an emergency 
requirement, as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted to Congress.

               state and local law enforcement assistance

      For grants, contracts, cooperative agreements, and other 
assistance authorized by part E of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968, as amended, for State and Local Narcotics 
Control and Justice Assistance Improvements, notwithstanding the 
provisions of section 511 of said Act, $361,000,000, to remain available 
until expended, as authorized by section 1001 of title I of said Act, as 
amended by Public Law 102-534 (106 Stat. 3524), of which $60,000,000 
shall be available to carry out the provisions of chapter A of subpart 2 
of part E of title I of said Act, for discretionary grants under the 
Edward Byrne Memorial State and Local Law Enforcement Assistance 
Programs.

   violent crime reduction programs, state and local law enforcement 
                               assistance

      For assistance (including amounts for administrative costs for 
management and administration, which amounts shall be transferred to and 
merged with the ``Justice Assistance'' account) authorized by the 
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322), as amended (``the 1994 Act''); the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended (``the 1968 Act''); and the Victims of 
Child Abuse Act of 1990, as amended

[[Page 110 STAT. 3009-14]]

(``the 1990 Act''); $2,036,150,000, to remain available until expended, 
which shall be derived from the Violent Crime Reduction Trust Fund; of 
which $523,000,000 shall be for Local Law Enforcement Block Grants, 
pursuant to H.R. 728 as passed by the House of Representatives on 
February 14, 1995, except that for purposes of this Act, the 
Commonwealth of Puerto Rico shall be considered a ``unit of local 
government'' as well as a ``State'', for the purposes set forth in 
paragraphs (A), (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728 
and for establishing crime prevention programs involving cooperation 
between community residents and law enforcement personnel in order to 
control, detect, or investigate crime or the prosecution of criminals: 
Provided, That no funds provided under this heading may be used as 
matching funds for any other Federal grant program: Provided further, 
That $20,000,000 of this amount shall be for Boys and Girls Clubs in 
public housing facilities and other areas in cooperation with State and 
local law enforcement: Provided further, That funds may also be used to 
defray the costs of indemnification insurance for law enforcement 
officers; of which $50,000,000 shall be for grants to upgrade criminal 
records, as authorized by section 106(b) of the Brady Handgun Violence 
Prevention Act of 1993, as amended, and section 4(b) of the National 
Child Protection Act of 1993; of which $199,000,000 shall be available 
as authorized by section 1001 of title I of the 1968 Act, to carry out 
the provisions of subpart 1, part E of title I of the 1968 Act, 
notwithstanding section 511 of said Act, for the Edward Byrne Memorial 
State and Local Law Enforcement Assistance Programs; of which 
$330,000,000 shall be for the State Criminal Alien Assistance Program, 
as authorized by section 242(j) of the Immigration and Nationality Act, 
as amended; of which $670,000,000 shall be for Violent Offender 
Incarceration and Truth in Sentencing Incentive Grants pursuant to 
subtitle A of title II of the 1994 Act, of which $170,000,000 shall be 
available for payments to States for incarceration of criminal aliens, 
and of which $12,500,000 shall be available for the Cooperative 
Agreement Program: Provided further, That funds made available for 
Violent Offender Incarceration and Truth in Sentencing Incentive Grants 
to the State of California may, at the discretion of the recipient, be 
used for payments for the incarceration of criminal aliens: Provided 
further, That <<NOTE: 42 USC 13703 note.>>  beginning in fiscal year 
1999, and thereafter, no funds shall be available to make grants to a 
State pursuant to section 20103 or section 20104 of the Violent Crime 
Control and Law Enforcement Act of 1994 unless no later than September 
1, 1998, such State has implemented a program of controlled substance 
testing and intervention for appropriate categories of convicted 
offenders during periods of incarceration and criminal justice 
supervision, with sanctions including denial or revocation of release 
for positive controlled substance tests, consistent with guidelines 
issued by the Attorney General; of which $6,000,000 shall be for the 
Court Appointed Special Advocate Program, as authorized by section 218 
of the 1990 Act; of which $1,000,000 shall be for Child Abuse Training 
Programs for Judicial Personnel and Practitioners, as authorized by 
section 224 of the 1990 Act; of which $145,000,000 shall be for Grants 
to Combat Violence Against Women, to States, units of local government, 
and Indian tribal governments, as authorized by section 1001(a)(18) of 
the 1968 Act; of which $33,000,000 shall be for Grants to Encourage 
Arrest Policies to States, units of local

[[Page 110 STAT. 3009-15]]

government, and Indian tribal governments, as authorized by section 
1001(a)(19) of the 1968 Act; of which $8,000,000 shall be for Rural 
Domestic Violence and Child Abuse Enforcement Assistance Grants, as 
authorized by section 40295 of the 1994 Act; of which $1,000,000 shall 
be for training programs to assist probation and parole officers who 
work with released sex offenders, as authorized by section 40152(c) of 
the 1994 Act; of which $550,000 shall be for grants for televised 
testimony, as authorized by section 1001(a)(7) of the 1968 Act; of which 
$1,750,000 shall be for national stalker and domestic violence 
reduction, as authorized by section 40603 of the 1994 Act; of which 
$30,000,000 shall be for grants for residential substance abuse 
treatment for State prisoners as authorized by section 1001(a)(17) of 
the 1968 Act; of which $3,000,000 shall be for grants to States and 
units of local government for projects to improve DNA analysis, as 
authorized by section 1001(a)(22) of the 1968 Act; of which $900,000 
shall be for the Missing Alzheimer's Disease Patient Alert Program, as 
authorized by section 240001(c) of the 1994 Act; of which $750,000 shall 
be for Motor Vehicle Theft Prevention Programs, as authorized by section 
220002(h) of the 1994 Act; of which $200,000 shall be for a National 
Baseline Study on Campus Sexual Assault, as authorized by section 
40506(e) of the 1994 Act; of which $30,000,000 shall be for Drug Courts, 
as authorized by title V of the 1994 Act; of which $1,000,000 shall be 
for Law Enforcement Family Support Programs, as authorized by section 
1001(a)(21) of the 1968 Act; and of which $2,000,000 shall be for public 
awareness programs addressing marketing scams aimed at senior citizens, 
as authorized by section 250005(3) of the 1994 Act: Provided further, 
That funds made available in fiscal year 1997 under subpart 1 of part E 
of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as 
amended, may be obligated for programs to assist States in the 
litigation processing of death penalty Federal habeas corpus petitions 
and for drug testing initiatives: Provided further, That any 1996 
balances for these programs shall be transferred to and merged with this 
appropriation: Provided further, That if a unit of local government uses 
any of the funds made available under this title to increase the number 
of law enforcement officers, the unit of local government will achieve a 
net gain in the number of law enforcement officers who perform 
nonadministrative public safety service.

                       weed and seed program fund

      For necessary expenses, including salaries and related expenses of 
the Executive Office for Weed and Seed, to implement ``Weed and Seed'' 
program activities, $28,500,000, which shall be derived from 
discretionary grants provided under the Edward Byrne Memorial State and 
Local Law Enforcement Assistance Programs, to remain available until 
expended for intergovernmental agreements, including grants, cooperative 
agreements, and contracts, with State and local law enforcement agencies 
engaged in the investigation and prosecution of violent crimes and drug 
offenses in ``Weed and Seed'' designated communities, and for either 
reimbursements or transfers to appropriation accounts of the Department 
of Justice and other Federal agencies which shall be specified by the 
Attorney General to execute the ``Weed and Seed'' program strategy: 
Provided, That funds designated by Congress through language for other 
Department of Justice appropriation accounts for ``Weed and Seed''

[[Page 110 STAT. 3009-16]]

program activities shall be managed and executed by the Attorney General 
through the Executive Office for Weed and Seed: Provided further, That 
the Attorney General may direct the use of other Department of Justice 
funds and personnel in support of ``Weed and Seed'' program activities 
only after the Attorney General notifies the Committees on 
Appropriations of the House of Representatives and the Senate in 
accordance with section 605 of this Act.

                  Community Oriented Policing Services

                    violent crime reduction programs

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

                        juvenile justice programs

      For grants, contracts, cooperative agreements, and other 
assistance authorized by the Juvenile Justice and Delinquency Prevention 
Act of 1974, as amended, including salaries and expenses in connection 
therewith to be transferred to and merged with the appropriations for 
Justice Assistance, $170,000,000, to remain available until expended, as 
authorized by section 299 of part I of title II and section 506 of title 
V of the Act, as amended by Public Law 102-586, of which (1) 
notwithstanding any other provision of law, $5,000,000 shall be 
available for expenses authorized by part A of title II of the Act, 
$86,500,000 shall be available for expenses authorized by part B of 
title II of the Act, and $29,500,000 shall be available for expenses 
authorized by part C of title II of the Act: Provided, That $16,500,000 
of the amounts provided for part B of title II of the Act, as amended, 
is for the purpose of providing additional formula grants under part B, 
for innovative local law enforcement and community policing programs, to 
States that provide assurances to the Administrator that the State has 
in effect (or will have in effect no later than 1 year after date of 
application) policies and programs, that ensure that juveniles are 
subject to accountability-based sanctions for every act for which they 
are adjudicated delinquent; (2) $12,000,000 shall be available for 
expenses authorized by sections 281 and 282 of part D of title II of the 
Act for prevention and treatment programs relating to juvenile gangs; 
(3) $10,000,000 shall be available for expenses authorized by section 
285 of part E of title II of the Act; (4) $7,000,000 shall be available 
for expenses authorized by part G of title II of the Act for juvenile 
mentoring programs; and (5) $20,000,000 shall be available for expenses 
authorized by title V of the Act for incentive grants for local 
delinquency prevention

[[Page 110 STAT. 3009-17]]

programs: Provided, That upon the enactment of reauthorization 
legislation for Juvenile Justice Programs under the Juvenile Justice and 
Delinquency Prevention Act of 1974, as amended, funding provided in this 
Act shall from that date be subject to the provisions of that 
legislation and any provisions in this Act that are inconsistent with 
that legislation shall no longer have effect.
      In addition, for grants, contracts, cooperative agreements, and 
other assistance authorized by the Victims of Child Abuse Act of 1990, 
as amended, $4,500,000, to remain available until expended, as 
authorized by sections 214B of the Act.

                     public safety officers benefits

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

                General Provisions--Department of Justice

      Sec. 101. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of not 
to exceed $45,000 from funds appropriated to the Department of Justice 
in this title shall be available to the Attorney General for official 
reception and representation expenses in accordance with distributions, 
procedures, and regulations established by the Attorney General.
      Sec. 102. Authorities contained in the Department of Justice 
Appropriation Authorization Act, Fiscal Year 1980 (Pub. L. 96-132, 93 
Stat. 1040 (1979)), as amended, shall remain in effect until the 
termination date of this Act or until the effective date of a Department 
of Justice Appropriation Authorization Act, whichever is earlier.
      Sec. 103. None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case of 
rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
      Sec. 104. None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
      Sec. 105. Nothwing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 104 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
      Sec. 106. <<NOTE: 18 USC 3059 note.>>  Notwithstanding any other 
provision of law, not to exceed $10,000,000 of the funds made available 
in this Act may be used to establish and publicize a program under which 
publicly-advertised, extraordinary rewards may be paid, which shall not 
be subject to spending limitations contained in sections 3059 and 3072 
of title 18, United States Code: Provided, That any reward

[[Page 110 STAT. 3009-18]]

of $100,000 or more, up to a maximum of $2,000,000, may not be made 
without the personal approval of the President or the Attorney General 
and such approval may not be delegated.
      Sec. 107. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act, including those derived from the Violent Crime Reduction Trust 
Fund, may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
      Sec. 108. Section 524(c)(8)(E) of title 28, United States Code, is 
amended by striking the year in the date therein contained and replacing 
the same with ``1996''.
      Sec. 109. (a) Section 1930(a) of title 28, United States Code, is 
amended in paragraph (3), by inserting ``$'' before ``800'', and in 
paragraph (6), by striking everything after ``total less than $15,000;'' 
and inserting in lieu thereof: ``$500 for each quarter in which 
disbursements total $15,000 or more but less than $75,000; $750 for each 
quarter in which disbursements total $75,000 or more but less than 
$150,000; $1,250 for each quarter in which disbursements total $150,000 
or more but less than $225,000; $1,500 for each quarter in which 
disbursements total $225,000 or more but less than $300,000; $3,750 for 
each quarter in which disbursements total $300,000 or more but less than 
$1,000,000; $5,000 for each quarter in which disbursements total 
$1,000,000 or more but less than $2,000,000; $7,500 for each quarter in 
which disbursements total $2,000,000 or more but less than $3,000,000; 
$8,000 for each quarter in which disbursements total $3,000,000 or more 
but less than $5,000,000; $10,000 for each quarter in which 
disbursements total $5,000,000 or more. The fee shall be payable on the 
last day of the calendar month following the calendar quarter for which 
the fee is owed.''.
      (b) Section 589a of title 28, United States Code, is amended to 
read as follows:

``Sec. 589a. United States Trustee System Fund

      ``(a) There is hereby established in the Treasury of the United 
States a special fund to be known as the `United States Trustee System 
Fund' (hereinafter in this section referred to as the `Fund'). Monies in 
the Fund shall be available to the Attorney General without fiscal year 
limitation in such amounts as may be specified in appropriations Acts 
for the following purposes in connection with the operations of United 
States trustees--
            ``(1) salaries and related employee benefits;
            ``(2) travel and transportation;
            ``(3) rental of space;
            ``(4) communication, utilities, and miscellaneous computer 
        charges;
            ``(5) security investigations and audits;
            ``(6) supplies, books, and other materials for legal 
        research;
            ``(7) furniture and equipment;
            ``(8) miscellaneous services, including those obtained by 
        contract; and
            ``(9) printing.

[[Page 110 STAT. 3009-19]]

      ``(b) For the purpose of recovering the cost of services of the 
United States Trustee System, there shall be deposited as offsetting 
collections to the appropriation `United States Trustee System Fund', to 
remain available until expended, the following--
            ``(1) 23.08 percent of the fees collected under section 
        1930(a)(1) of this title;
            ``(2) one-half of the fees collected under section 
        1930(a)(3) of this title;
            ``(3) one-half of the fees collected under section 
        1930(a)(4) of this title;
            ``(4) one-half of the fees collected under section 
        1930(a)(5) of this title;
            ``(5) 100 percent of the fees collected under section 
        1930(a)(6) of this title;
            ``(6) three-fourths of the fees collected under the last 
        sentence of section 1930(a) of this title;
            ``(7) the compensation of trustees received under section 
        330(d) of title 11 by the clerks of the bankruptcy courts; and
            ``(8) excess fees collected under section 586(e)(2) of this 
        title.
      ``(c) Amounts in the Fund which are not currently needed for the 
purposes specified in subsection (a) shall be kept on deposit or 
invested in obligations of, or guaranteed by, the United States.
      ``(d) The Attorney General shall transmit to the Congress, not 
later than 120 days after the end of each fiscal year, a detailed report 
on the amounts deposited in the Fund and a description of expenditures 
made under this section.
      ``(e) There are authorized to be appropriated to the Fund for any 
fiscal year such sums as may be necessary to supplement amounts 
deposited under subsection (b) for the purposes specified in subsection 
(a).''.
      (c) <<NOTE: 28 USC 589a note.>>  Notwithstanding any other 
provision of law or of this Act, the amendments to 28 U.S.C. 589a made 
by subsection (b) of this section shall take effect upon enactment of 
this Act.
      (d) Section 101(a) of Public Law 104-91, as amended by section 211 
of Public Law <<NOTE: 28 USC 1930 note.>>  104-99, is further amended by 
inserting ``: Provided further, That, notwithstanding any other 
provision of law, the fees under 28 U.S.C. 1930(a)(6) shall accrue and 
be payable from and after January 27, 1996, in all cases (including, 
without limitation, any cases pending as of that date), regardless of 
confirmation status of their plans'' after ``enacted into law''.
      Sec. 110. Public Law 103-414 (108 Stat. 4279) is amended by 
inserting at its conclusion a new title IV, as follows:

       ``TITLE IV--TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS

``SEC. 401. <<NOTE: 47 USC 1021.>> DEPARTMENT OF JUSTICE 
            TELECOMMUNICATIONS CARRIER COMPLIANCE FUND.
      ``(a) Establishment of Fund.--There is hereby established in the 
United States Treasury a fund to be known as the Department of Justice 
Telecommunications Carrier Compliance Fund (hereafter referred to as 
`the Fund'), which shall be available without fiscal year limitation to 
the Attorney General for making payments to telecommunications carriers, 
equipment manufacturers, and providers of telecommunications support 
services pursuant to section 109 of this Act.

[[Page 110 STAT. 3009-20]]

      ``(b) Deposits to the Fund.--Notwithstanding any other provision 
of law, any agency of the United States with law enforcement or 
intelligence responsibilities may deposit as offsetting collections to 
the Fund any unobligated balances that are available until expended, 
upon compliance with any Congressional notification requirements for 
reprogrammings of funds applicable to the appropriation from which the 
deposit is to be made.
      ``(c) Termination.--
            ``(1) The Attorney General may terminate the Fund at such 
        time as the Attorney General determines that the Fund is no 
        longer necessary.
            ``(2) Any balance in the Fund at the time of its termination 
        shall be deposited in the General Fund of the Treasury.
            ``(3) A decision of the Attorney General to terminate the 
        Fund shall not be subject to judicial review.
      ``(d) Availability of Funds for Expenditure.--Funds shall not be 
available for obligation unless an implementation plan as set forth in 
subsection (e) is submitted to each member of the Committees on the 
Judiciary and Appropriations of both the House of Representatives and 
the Senate and the Congress does not by law block or prevent the 
obligation of such funds. Such funds shall be treated as a reprogramming 
of funds under section 605 of the Department of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act, 1997, and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section and this 
section.
      ``(e) Implementation Plan.--The implementation plan shall include:
            ``(1) the law enforcement assistance capability requirements 
        and an explanation of law enforcement's recommended interface;
            ``(2) the proposed actual and maximum capacity requirements 
        for the number of simultaneous law enforcement communications 
        intercepts, pen registers, and trap and trace devices that 
        authorized law enforcement agencies may seek to conduct, set 
        forth on a county-by-county basis for wireline services and on a 
        market service area basis for wireless services, and the 
        historical baseline of electronic surveillance activity upon 
        which such capacity requirements are based;
            ``(3) a prioritized list of carrier equipment, facilities, 
        and services deployed on or before January 1, 1995, to be 
        modified by carriers at the request of law enforcement based on 
        its investigative needs;
            ``(4) a projected reimbursement plan that estimates the cost 
        for the coming fiscal year and for each fiscal year thereafter, 
        based on the prioritization of law enforcement needs as outlined 
        in (3), of modification by carriers of equipment, facilities and 
        services, installed on or before January 1, 1995.
      ``(f) Annual Report to the Congress.--The Attorney General shall 
submit to the Congress each year a report specifically detailing all 
deposits and expenditures made pursuant to this Act in each fiscal year. 
This report shall be submitted to each member of the Committees on the 
Judiciary and Appropriations of both the House of Representatives and 
the Senate, and to the Speaker and minority leader of the House of 
Representatives and to the majority and minority leaders of the Senate, 
no later than 60 days after the end of each fiscal year.''.

[[Page 110 STAT. 3009-21]]

      Sec. 111. It is the sense of the Congress that the Drug 
Enforcement Administration, together with other appropriate Federal 
agencies, should take such actions as may be necessary to end the 
illegal importation into the United States of Rohypnol (flunitrazepam), 
a drug frequently distributed with the intent to facilitate sexual 
assault and rape.
      Sec. 112. Section 1402 of the Victims of Crime Act of 1984, as 
amended (42 U.S.C. 10601), is amended at subsection (e) by deleting 
``2'' and inserting ``3'', and at subsection (d) by adding a new 
paragraph (5) as follows:
            ``(5) The Director may set aside up to $500,000 of the 
        reserve fund described in paragraph (4) to make supplemental 
        grants to United States Attorneys Offices to provide necessary 
        assistance to victims of the bombing of the Alfred P. Murrah 
        Federal Building in Oklahoma City, to facilitate observation of 
        and/or participation by such victims in trial proceedings 
        arising therefrom, including, without limitation, provision of 
        lodging and travel assistance, and to pay such other, related 
        expenses determined to be necessary by the Director.''.
      Sec. 113. Section 732 of Public Law 104-132 (110 Stat. 1303; 18 
U.S.C. 841 note) is amended--
            (1) in subsection (a), by adding at the end the following 
        new paragraph:
            ``(3) New prevention technologies.--In addition to the study 
        of taggants as provided herein, the Secretary, in consultation 
        with the Attorney General, shall concurrently report to the 
        Congress on the possible use, and exploitation of technologies 
        such as vapor detection devices, computed tomography, nuclear 
        quadropole resonance, thermal neutron analysis, pulsed fast-
        neutron analysis, and other technologies upon which 
        recommendations to the Congress may be made for further study, 
        funding, and use of the same in preventing and solving acts of 
        terrorism involving explosive devices.''; and
            (2) by adding at the end the following new subsection:
      ``(f) Special Study.--
            ``(1) In general.--Notwithstanding subsection (a), the 
        Secretary of the Treasury shall enter into a contract with the 
        National Academy of Sciences (referred to in this section as the 
        `Academy') to conduct a study of the tagging of smokeless and 
        black powder by any viable technology for purposes of detection 
        and identification. The study shall be conducted by an 
        independent panel of 5 experts appointed by the Academy.
            ``(2) Study elements.--The study conducted under this 
        subsection shall--
                    ``(A) indicate whether the tracer elements, when 
                added to smokeless and black powder--
                          ``(i) will pose a risk to human life or 
                      safety;
                          ``(ii) will substantially assist law 
                      enforcement officers in their investigative 
                      efforts;
                          ``(iii) will impair the quality and 
                      performance of the powders (which shall include a 
                      broad and comprehensive sampling of all available 
                      powders) for their intended lawful use, including, 
                      but not limited to the sporting, defense, and 
                      handloading uses of the powders, as well as their 
                      use in display and lawful consumer pyrotechnics;

[[Page 110 STAT. 3009-22]]

                          ``(iv) will have a substantially adverse 
                      effect on the environment;
                          ``(v) will incur costs which outweigh the 
                      benefits of their inclusion, including an 
                      evaluation of the probable production and 
                      regulatory cost of compliance to the industry, and 
                      the costs and effects on consumers, including the 
                      effect on the demand for ammunition; and
                          ``(vi) can be evaded, and with what degree of 
                      difficulty, by terrorists or terrorist 
                      organizations, including evading tracer elements 
                      by the use of precursor chemicals to make black or 
                      other powders; and
                    ``(B) provide for consultation on the study with 
                Federal, State, and local officials, non-governmental 
                organizations, including all national police 
                organizations, national sporting organizations, and 
                national industry associations with expertise in this 
                area and such other individuals as shall be deemed 
                necessary.
            ``(3) Report and costs.--The study conducted under this 
        subsection shall be presented to Congress 12 months after the 
        enactment of this subsection and be made available to the 
        public, including any data tapes or data used to form such 
        recommendations. There are authorized to be appropriated such 
        sums as may be necessary to carry out the study.''.
      Sec. 114. (a) Section 524(c)(1) of title 28, United States Code, 
is amended in the first sentence following the second subparagraph (I) 
by deleting ``(C),''.
      (b) Section 524 (c)(8)(A) is amended by deleting ``(C),''.
      Sec. 115. <<NOTE: 28 USC 509 note.>>  Effective with the enactment 
of this Act and in any fiscal year hereafter, under policies established 
by the Attorney General, the Department of Justice may reimburse 
employees who are paid by an appropriation account within the Department 
of Justice and are traveling on behalf of the United States in temporary 
duty status to investigate, prosecute, or litigate (including the 
provision of support therefor) a criminal or civil matter, or for other 
similar special circumstances, for Federal, State, and local taxes 
heretofore and hereafter resulting from any reimbursement of travel 
expenses from an appropriation account within the Department of Justice: 
Provided, That such reimbursement may include an amount equal to all 
income taxes for which the employee would be liable due to such 
reimbursement.
      Sec. 116. Section 524 of title 28, United States Code, is amended 
by adding a new subsection (d) as follows:
      ``(d)(1) The Attorney General may accept, hold, administer, and 
use gifts, devises, and bequests of any property for the purpose of 
aiding or facilitating the work of the Department of Justice.
      ``(2) Gifts, devises, and bequests of money, the proceeds of sale 
or liquidation of any other property accepted hereunder, and any income 
accruing from any property accepted hereunder--
            ``(A) shall be deposited in the Treasury in a separate fund 
        and held in trust by the Secretary of the Treasury for the 
        benefit of the Department of Justice; and
            ``(B) are hereby appropriated, without fiscal year 
        limitation, and shall be disbursed on order of the Attorney 
        General.
      ``(3) Upon request of the Attorney General, the Secretary of the 
Treasury may invest and reinvest the fund described herein in public 
debt securities with maturities suitable for the needs

[[Page 110 STAT. 3009-23]]

of the fund and bearing interest at rates determined by the Secretary of 
the Treasury, taking into consideration the current average market yield 
on outstanding marketable obligations of the United States or comparable 
maturities.
      ``(4) Evidences of any intangible personal property (other than 
money) accepted hereunder shall be deposited with the Secretary of the 
Treasury, who may hold or liquidate them, except that they shall be 
liquidated upon the request of the Attorney General.
      ``(5) For purposes of federal income, estate, and gift taxes, 
property accepted hereunder shall be considered a gift, devise, or 
bequest to, or for the use of, the United States.''.
      Sec. 117. Section 524(c)(9), of title 28, United States Code, is 
amended to read as follows:
            ``(9)(A) Following the completion of procedures for the 
        forfeiture of property pursuant to any law enforced or 
        administered by the Department, the Attorney General is 
        authorized, in her discretion, to warrant clear title to any 
        subsequent purchaser or transferee of such property.
            ``(B) For fiscal year 1997, the Attorney General is 
        authorized to transfer, under such terms and conditions as the 
        Attorney General shall specify, real or personal property of 
        limited or marginal value, to a State or local government 
        agency, or its designated contractor or transferee, for use to 
        support drug abuse treatment, drug and crime prevention and 
        education, housing, job skills, and other community-based public 
        health and safety programs. Such transfer shall not create or 
        confer any private right of action in any person against the 
        United States.''.
      Sec. 118. Section 594(b)(3)(A) of title 28, United States Code, is 
amended in the second sentence by--
            (a) striking ``by 6 months'' and inserting ``for successive 
        6-month periods''; and
            (b) striking the phrase ``employee assigned duties under 
        subsection (l)(1)(A)(iii) certifies'' and inserting 
        ``independent counsel and the division of the court certify'';
            (c) striking ``such employee'' and inserting ``the 
        independent counsel'' and ``the division of the court''.
      Sec. 119. This section may <<NOTE: Age Discrimination in 
Employment Amendments of 1996. 29 USC 621 note.>>  be cited as the ``Age 
Discrimination in Employment Amendments of 1996''.

Subsection 1. Age Discrimination Amendment.

      (a) Repeal of Repealer.--Section 3(b) of the Age Discrimination in 
Employment Amendments of 1986 (29 U.S.C. 623 note) is repealed.
      (b) Exemption.--Section 4(j) of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 623(j)), as in effect immediately 
before December 31, 1993--
            (1) is reenacted as such section; and
            (2) as so reenacted, is amended in paragraph (1) by striking 
        ``and the individual has attained the age'' and all that follows 
        through ``1983, and'' and inserting the following: ``, the 
        employer has complied with section 3(d)(2) of the Age 
        Discrimination in Employment Amendments of 1996 if the 
        individual was discharged after the date described in such 
        section, and the individual has attained--

[[Page 110 STAT. 3009-24]]

                    ``(A) the age of hiring or retirement, respectively, 
                in effect under applicable State or local law on March 
                3, 1983; or
                    ``(B)(i) if the individual was not hired, the age of 
                hiring in effect on the date of such failure or refusal 
                to hire under applicable State or local law enacted 
                after the date of enactment of the Age Discrimination in 
                Employment Amendments of 1996; or
                    ``(ii) if applicable State or local law was enacted 
                after the date of enactment of the Age Discrimination in 
                Employment Amendments of 1996 and the individual was 
                discharged, the higher of--
                          ``(I) the age of retirement in effect on the 
                      date of such discharge under such law; and
                          ``(II) age 55; and''.
      (c) Construction.--Nothing <<NOTE: 29 USC 623 note.>> in the 
repeal, reenactment, and amendment made by subsections (a) and (b) shall 
be construed to make lawful the failure or refusal to hire, or the 
discharge of, an individual pursuant to a law that--
            (1) was enacted after March 3, 1983 and before the date of 
        enactment of the Age Discrimination in Employment Amendments of 
        1996; and
            (2) lowered the age of hiring or retirement, respectively, 
        for firefighters or law enforcement officers that was in effect 
        under applicable State or local law on March 3, 1983.

Subsection 2. <<NOTE: 29 USC 623 note.>> Study and Guidelines for 
                        Performance Tests.
      (a) Study.--Not later than 3 years after the date of enactment of 
this Act, the Secretary of Health and Human Services, acting through the 
Director of the National Institute for Occupational Safety and Health 
(referred to in this section as the ``Secretary''), shall conduct, 
directly or by contract, a study, and shall submit to the appropriate 
committees of Congress a report based on the results of the study that 
shall include--
            (1) a list and description of all tests available for the 
        assessment of abilities important for the completion of public 
        safety tasks performed by law enforcement officers and 
        firefighters;
            (2) a list of the public safety tasks for which adequate 
        tests described in paragraph (1) do not exist;
            (3) a description of the technical characteristics that the 
        tests shall meet to be in compliance with applicable Federal 
        civil rights law and policies;
            (4) a description of the alternative methods that are 
        available for determining minimally acceptable performance 
        standards on the tests;
            (5) a description of the administrative standards that 
        should be met in the administration, scoring, and score 
        interpretation of the tests; and
            (6) an examination of the extent to which the tests are 
        cost-effective, are safe, and comply with the Federal civil 
        rights law and policies.
      (b) Consultation Requirement; Opportunity for Public Comment.--
            (1) Consultation.--The Secretary shall, during the conduct 
        of the study required by subsection (a), consult with--

[[Page 110 STAT. 3009-25]]

                    (A) the Deputy Administrator of the United States 
                Fire Administration;
                    (B) the Director of the Federal Emergency Management 
                Agency;
                    (C) organizations that represent law enforcement 
                officers, firefighters, and employers of the officers 
                and firefighters; and
                    (D) organizations that represent older individuals.
            (2) Public comment.--Prior to issuing the advisory 
        guidelines required in subsection (c), the Secretary shall 
        provide an opportunity for public comment on the proposed 
        advisory guidelines.
       (c) Advisory Guidelines.--Not later than 4 years after the date 
of enactment of this Act, the Secretary shall develop and issue, based 
on the results of the study required by subsection (a), advisory 
guidelines for the administration and use of physical and mental fitness 
tests to measure the ability and competency of law enforcement officers 
and firefighters to perform the requirements of the jobs of the officers 
and firefighters.
      (d) Job Performance Tests.--
            (1) Identification of tests.--After issuance of the advisory 
        guidelines described in subsection (c), the Secretary shall 
        issue regulations identifying valid, nondiscriminatory job 
        performance tests that shall be used by employers seeking the 
        exemption described in section 4(j) of the Age Discrimination in 
        Employment Act of 1967 with respect to firefighters or law 
        enforcement officers who have attained an age of retirement 
        described in such section 4(j).
            (2) Use of tests.--Effective on the date of issuance of the 
        regulations described in paragraph (1), any employer seeking 
        such exemption with respect to a firefighter or law enforcement 
        officer who has attained such age shall provide to each 
        firefighter or law enforcement officer who has attained such age 
        an annual opportunity to demonstrate physical and mental fitness 
        by passing a test described in paragraph (1), in order to 
        continue employment.
      (e) Development of Standards for Wellness Programs.--Not later 
than 2 years after the date of enactment of this Act, the Secretary 
shall propose advisory standards for wellness programs for law 
enforcement officers and firefighters.
      (f) Authorization of Appropriations.--There is authorized to be 
appropriated $5,000,000 to carry out this section.

Subsection 3. <<NOTE: 29 USC 623 note.>> Effective Dates.
      (a) General Effective Date.--Except as provided in subsection (b), 
this title and the amendments made by this title shall take effect on 
the date of enactment of this Act.
      (b) Special Effective Date.--The repeal made by section 2(a) and 
the reenactment made by section 2(b)(1) shall take effect on December 
31, 1993.
      Sec. 120. Section 320935(e) of the Violent Crime Control and Law 
Enforcement Act of 1994 is amended by inserting ``, including all trials 
commenced on or after the effective date of such amendments'' after 
``such amendments''.

[[Page 110 STAT. 3009-26]]

      Sec. 121. <<NOTE: Child Pornography Prevention Act of 1996. 18 USC 
2251 note.>>  This section may be cited as the ``Child Pornography 
Prevention Act of 1996''.

Subsection 1. <<NOTE: 18 USC 2251 note.>> Findings.
      Congress finds that--
            (1) the use of children in the production of sexually 
        explicit material, including photographs, films, videos, 
        computer images, and other visual depictions, is a form of 
        sexual abuse which can result in physical or psychological harm, 
        or both, to the children involved;
            (2) where children are used in its production, child 
        pornography permanently records the victim's abuse, and its 
        continued existence causes the child victims of sexual abuse 
        continuing harm by haunting those children in future years;
            (3) child pornography is often used as part of a method of 
        seducing other children into sexual activity; a child who is 
        reluctant to engage in sexual activity with an adult, or to pose 
        for sexually explicit photographs, can sometimes be convinced by 
        viewing depictions of other children ``having fun'' 
        participating in such activity;
            (4) child pornography is often used by pedophiles and child 
        sexual abusers to stimulate and whet their own sexual appetites, 
        and as a model for sexual acting out with children; such use of 
        child pornography can desensitize the viewer to the pathology of 
        sexual abuse or exploitation of children, so that it can become 
        acceptable to and even preferred by the viewer;
            (5) new photographic and computer imagining technologies 
        make it possible to produce by electronic, mechanical, or other 
        means, visual depictions of what appear to be children engaging 
        in sexually explicit conduct that are virtually 
        indistinguishable to the unsuspecting viewer from unretouched 
        photographic images of actual children engaging in sexually 
        explicit conduct;
            (6) computers and computer imaging technology can be used 
        to--
                    (A) alter sexually explicit photographs, films, and 
                videos in such a way as to make it virtually impossible 
                for unsuspecting viewers to identify individuals, or to 
                determine if the offending material was produced using 
                children;
                    (B) produce visual depictions of child sexual 
                activity designed to satisfy the preferences of 
                individual child molesters, pedophiles, and pornography 
                collectors; and
                    (C) alter innocent pictures of children to create 
                visual depictions of those children engaging in sexual 
                conduct;
            (7) the creation or distribution of child pornography which 
        includes an image of a recognizable minor invades the child's 
        privacy and reputational interests, since images that are 
        created showing a child's face or other identifiable feature on 
        a body engaging in sexually explicit conduct can haunt the minor 
        for years to come;
            (8) the effect of visual depictions of child sexual activity 
        on a child molester or pedophile using that material to 
        stimulate or whet his own sexual appetites, or on a child where 
        the material is being used as a means of seducing or breaking 
        down the child's inhibitions to sexual abuse or exploitation,

[[Page 110 STAT. 3009-27]]

        is the same whether the child pornography consists of 
        photographic depictions of actual children or visual depictions 
        produced wholly or in part by electronic, mechanical, or other 
        means, including by computer, which are virtually 
        indistinguishable to the unsuspecting viewer from photographic 
        images of actual children;
            (9) the danger to children who are seduced and molested with 
        the aid of child sex pictures is just as great when the child 
        pornographer or child molester uses visual depictions of child 
        sexual activity produced wholly or in part by electronic, 
        mechanical, or other means, including by computer, as when the 
        material consists of unretouched photographic images of actual 
        children engaging in sexually explicit conduct;
            (10)(A) the existence of and traffic in child pornographic 
        images creates the potential for many types of harm in the 
        community and presents a clear and present danger to all 
        children; and
            (B) it inflames the desires of child molesters, pedophiles, 
        and child pornographers who prey on children, thereby increasing 
        the creation and distribution of child pornography and the 
        sexual abuse and exploitation of actual children who are 
        victimized as a result of the existence and use of these 
        materials;
            (11)(A) the sexualization and eroticization of minors 
        through any form of child pornographic images has a deleterious 
        effect on all children by encouraging a societal perception of 
        children as sexual objects and leading to further sexual abuse 
        and exploitation of them; and
            (B) this sexualization of minors creates an unwholesome 
        environment which affects the psychological, mental and 
        emotional development of children and undermines the efforts of 
        parents and families to encourage the sound mental, moral and 
        emotional development of children;
            (12) prohibiting the possession and viewing of child 
        pornography will encourage the possessors of such material to 
        rid themselves of or destroy the material, thereby helping to 
        protect the victims of child pornography and to eliminate the 
        market for the sexual exploitative use of children; and
            (13) the elimination of child pornography and the protection 
        of children from sexual exploitation provide a compelling 
        governmental interest for prohibiting the production, 
        distribution, possession, sale, or viewing of visual depictions 
        of children engaging in sexually explicit conduct, including 
        both photographic images of actual children engaging in such 
        conduct and depictions produced by computer or other means which 
        are virtually indistinguishable to the unsuspecting viewer from 
        photographic images of actual children engaging in such conduct.

Subsection 2. Definitions.

      Section 2256 of title 18, United States Code, is amended--
            (1) in paragraph (5), by inserting before the semicolon the 
        following: ``, and data stored on computer disk or by electronic 
        means which is capable of conversion into a visual image'';
            (2) in paragraph (6), by striking ``and'';

[[Page 110 STAT. 3009-28]]

            (3) in paragraph (7), by striking the period and inserting a 
        semicolon; and
            (4) by adding at the end the following new paragraphs:
            ``(8) `child pornography' means any visual depiction, 
        including any photograph, film, video, picture, or computer or 
        computer-generated image or picture, whether made or produced by 
        electronic, mechanical, or other means, of sexually explicit 
        conduct, where--
                    ``(A) the production of such visual depiction 
                involves the use of a minor engaging in sexually 
                explicit conduct;
                    ``(B) such visual depiction is, or appears to be, of 
                a minor engaging in sexually explicit conduct;
                    ``(C) such visual depiction has been created, 
                adapted, or modified to appear that an identifiable 
                minor is engaging in sexually explicit conduct; or
                    ``(D) such visual depiction is advertised, promoted, 
                presented, described, or distributed in such a manner 
                that conveys the impression that the material is or 
                contains a visual depiction of a minor engaging in 
                sexually explicit conduct; and
            ``(9) `identifiable minor'--
                    ``(A) means a person--
                          ``(i)(I) who was a minor at the time the 
                      visual depiction was created, adapted, or 
                      modified; or
                          ``(II) whose image as a minor was used in 
                      creating, adapting, or modifying the visual 
                      depiction; and
                          ``(ii) who is recognizable as an actual person 
                      by the person's face, likeness, or other 
                      distinguishing characteristic, such as a unique 
                      birthmark or other recognizable feature; and
                    ``(B) shall not be construed to require proof of the 
                actual identity of the identifiable minor.''.

Subsection 3. Prohibited Activities Relating to Material Constituting or 
                        Containing Child Pornography.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended by adding after section 2252 the following:

``Sec. 2252A. Certain activities relating to material constituting or 
                        containing child pornography

    ``(a) Any person who--
            ``(1) knowingly mails, or transports or ships in interstate 
        or foreign commerce by any means, including by computer, any 
        child pornography;
            ``(2) knowingly receives or distributes--
                    ``(A) any child pornography that has been mailed, or 
                shipped or transported in interstate or foreign commerce 
                by any means, including by computer; or
                    ``(B) any material that contains child pornography 
                that has been mailed, or shipped or transported in 
                interstate or foreign commerce by any means, including 
                by computer;
            ``(3) knowingly reproduces any child pornography for 
        distribution through the mails, or in interstate or foreign 
        commerce by any means, including by computer;
            ``(4) either--
                    ``(A) in the special maritime and territorial 
                jurisdiction of the United States, or on any land or 
                building owned

[[Page 110 STAT. 3009-29]]

                by, leased to, or otherwise used by or under the control 
                of the United States Government, or in the Indian 
                country (as defined in section 1151), knowingly sells or 
                possesses with the intent to sell any child pornography; 
                or
                    ``(B) knowingly sells or possesses with the intent 
                to sell any child pornography that has been mailed, or 
                shipped or transported in interstate or foreign commerce 
                by any means, including by computer, or that was 
                produced using materials that have been mailed, or 
                shipped or transported in interstate or foreign commerce 
                by any means, including by computer; or
            ``(5) either--
                    ``(A) in the special maritime and territorial 
                jurisdiction of the United States, or on any land or 
                building owned by, leased to, or otherwise used by or 
                under the control of the United States Government, or in 
                the Indian country (as defined in section 1151), 
                knowingly possesses any book, magazine, periodical, 
                film, videotape, computer disk, or any other material 
                that contains 3 or more images of child pornography; or
                    ``(B) knowingly possesses any book, magazine, 
                periodical, film, videotape, computer disk, or any other 
                material that contains 3 or more images of child 
                pornography that has been mailed, or shipped or 
                transported in interstate or foreign commerce by any 
                means, including by computer, or that was produced using 
                materials that have been mailed, or shipped or 
                transported in interstate or foreign commerce by any 
                means, including by computer,
        shall be punished as provided in subsection (b).

    ``(b)(1) Whoever violates, or attempts or conspires to violate, 
paragraphs (1), (2), (3), or (4) of subsection (a) shall be fined under 
this title or imprisoned not more than 15 years, or both, but, if such 
person has a prior conviction under this chapter or chapter 109A, or 
under the laws of any State relating to aggravated sexual abuse, sexual 
abuse, or abusive sexual conduct involving a minor or ward, or the 
production, possession, receipt, mailing, sale, distribution, shipment, 
or transportation of child pornography, such person shall be fined under 
this title and imprisoned for not less than 5 years nor more than 30 
years.
    ``(2) Whoever violates, or attempts or conspires to violate, 
subsection (a)(5) shall be fined under this title or imprisoned not more 
than 5 years, or both, but, if such person has a prior conviction under 
this chapter or chapter 109A, or under the laws of any State relating to 
the possession of child pornography, such person shall be fined under 
this title and imprisoned for not less than 2 years nor more than 10 
years.
      ``(c) It shall be an affirmative defense to a charge of violating 
paragraphs (1), (2), (3), or (4) of subsection (a) that--
            ``(1) the alleged child pornography was produced using an 
        actual person or persons engaging in sexually explicit conduct;
            ``(2) each such person was an adult at the time the material 
        was produced; and
            ``(3) the defendant did not advertise, promote, present, 
        describe, or distribute the material in such a manner as to 
        convey the impression that it is or contains a visual depiction 
        of a minor engaging in sexually explicit conduct.''.

[[Page 110 STAT. 3009-30]]

      (b) Technical Amendment.--The table of sections for chapter 110 of 
title 18, United States Code, is amended by adding after the item 
relating to section 2252 the following:

``2252A. Certain activities relating to material constituting or 
                      containing child pornography.''.

Subsection 4. Penalties for Sexual Exploitation of Children.

      Section 2251(d) of title 18, United States Code, is amended to 
read as follows:
      ``(d) Any individual who violates, or attempts or conspires to 
violate, this section shall be fined under this title or imprisoned not 
less than 10 years nor more than 20 years, and both, but if such person 
has one prior conviction under this chapter or chapter 109A, or under 
the laws of any State relating to the sexual exploitation of children, 
such person shall be fined under this title and imprisoned for not less 
than 15 years nor more than 30 years, but if such person has 2 or more 
prior convictions under this chapter or chapter 109A, or under the laws 
of any State relating to the sexual exploitation of children, such 
person shall be fined under this title and imprisoned not less than 30 
years nor more than life. Any organization that violates, or attempts or 
conspires to violate, this section shall be fined under this title. 
Whoever, in the course of an offense under this section, engages in 
conduct that results in the death of a person, shall be punished by 
death or imprisoned for any term of years or for life.''.

Subsection 5. Material Involving Sexual Exploitation of Minors.

      Section 2252 of title 18, United States Code, is amended--by 
striking subsection (b) and inserting the following:
      ``(b)(1) Whoever violates, or attempts or conspires to violate, 
paragraphs (1), (2), or (3) of subsection (a) shall be fined under this 
title or imprisoned not more than 15 years, or both, but if such person 
has a prior conviction under this chapter or chapter 109A, or under the 
laws of any State relating to aggravated sexual abuse, sexual abuse, or 
abusive sexual conduct involving a minor or ward, or the production, 
possession, receipt, mailing, sale, distribution, shipment, or 
transportation of child pornography, such person shall be fined under 
this title and imprisoned for not less than 5 years nor more than 30 
years.
      ``(2) Whoever violates, or attempts or conspires to violate, 
paragraph (4) of subsection (a) shall be fined under this title or 
imprisoned not more than 5 years, or both, but if such person has a 
prior conviction under this chapter or chapter 109A, or under the laws 
of any State relating to the possession of child pornography, such 
person shall be fined under this title and imprisoned for not less than 
2 years nor more than 10 years.''.

Subsection 6. Privacy Protection Act Amendments.

      Section 101 of the Privacy Protection Act of 1980 (42 U.S.C. 
2000aa) is amended--
            (1) in subsection (a)(1), by inserting before the 
        parenthesis at the end the following: ``, or if the offense 
        involves the production, possession, receipt, mailing, sale, 
        distribution, shipment, or transportation of child pornography, 
        the sexual exploitation of children, or the sale or purchase of 
        children under section

[[Page 110 STAT. 3009-31]]

        2251, 2251A, 2252, or 2252A of title 18, United States Code''; 
        and
            (2) in subsection (b)(1), by inserting before the 
        parenthesis at the end the following: ``, or if the offense 
        involves the production, possession, receipt, mailing, sale, 
        distribution, shipment, or transportation of child pornography, 
        the sexual exploitation of children, or the sale or purchase of 
        children under section 2251, 2251A, 2252, or 2252A of title 18, 
        United States Code''.

Subsection 7. Amber Hagerman Child <<NOTE: Amber Hagerman Child 
                        Protection Act of 1996. 18 USC 2241 
                        note.>> Protection Act of 1996.
      (a) Short Title.--This section may be cited as the ``Amber 
Hagerman Child Protection Act of 1996''.
      (b) Aggravated Sexual Abuse of a Minor.--Section 2241(c) of title 
18, United States Code, is amended to read as follows:
      ``(c) With Children.--Whoever crosses a State line with intent to 
engage in a sexual act with a person who has not attained the age of 12 
years, or in the special maritime and territorial jurisdiction of the 
United States or in a Federal prison, knowingly engages in a sexual act 
with another person who has not attained the age of 12 years, or 
knowingly engages in a sexual act under the circumstances described in 
subsections (a) and (b) with another person who has attained the age of 
12 years but has not attained the age of 16 years (and is at least 4 
years younger than that person), or attempts to do so, shall be fined 
under this title, imprisoned for any term of years or life, or both. If 
the defendant has previously been convicted of another Federal offense 
under this subsection, or of a State offense that would have been an 
offense under either such provision had the offense occurred in a 
Federal prison, unless the death penalty is imposed, the defendant shall 
be sentenced to life in prison.''.
      (c) Sexual Abuse of a Minor.--Section 2243(a) of title 18, United 
States Code, is amended by inserting ``crosses a State line with intent 
to engage in a sexual act with a person who has not attained the age of 
12 years, or'' after ``Whoever''.

 Subsection 8. <<NOTE: 18 USC 2251 note.>> Severability.
      If any provision of this Act, including any provision or section 
of the definition of the term child pornography, an amendment made by 
this Act, or the application of such provision or amendment to any 
person or circumstance is held to be unconstitutional, the remainder of 
this Act, including any other provision or section of the definition of 
the term child pornography, the amendments made by this Act, and the 
application of such to any other person or circumstance shall not be 
affected thereby.
      This title may be cited as the ``Department of Justice 
Appropriations Act, 1997''.

[[Page 110 STAT. 3009-32]]

TITLE II--DEPARTMENT <<NOTE: Department of Commerce and Related Agencies 
Appropriations Act, 1997.>> OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative

                          salaries and expenses

      For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$21,449,000, of which $2,500,000 shall remain available until expended: 
Provided, That not to exceed $98,000 shall be available for official 
reception and representation expenses.

                     International Trade Commission

                          salaries and expenses

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

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                      operations and administration

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

[[Page 110 STAT. 3009-33]]

U.S.C. 4912); and that for the purpose of this Act, contributions under 
the provisions of the Mutual Educational and Cultural Exchange Act shall 
include payment for assessments for services provided as part of these 
activities.

                          Export Administration

                      operations and administration

      For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed overseas; 
employment of Americans and aliens by contract for services abroad; 
rental of space abroad for periods not exceeding ten years, and expenses 
of alteration, repair, or improvement; payment of tort claims, in the 
manner authorized in the first paragraph of 28 U.S.C. 2672 when such 
claims arise in foreign countries; not to exceed $15,000 for official 
representation expenses abroad; awards of compensation to informers 
under the Export Administration Act of 1979, and as authorized by 22 
U.S.C. 401(b); purchase of passenger motor vehicles for official use and 
motor vehicles for law enforcement use with special requirement vehicles 
eligible for purchase without regard to any price limitation otherwise 
established by law; $36,000,000, to remain available until expended: 
Provided, That the provisions of the first sentence of section 105(f) 
and all of section 108(c) of the Mutual Educational and Cultural 
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in 
carrying out these activities: Provided further, That payments and 
contributions collected and accepted for materials or services provided 
as part of such activities may be retained for use in covering the cost 
of such activities, and for providing information to the public with 
respect to the export administration and national security activities of 
the Department of Commerce and other export control programs of the 
United States and other governments.
      For an additional amount for nonproliferation efforts to prevent 
illegal exports of chemical weapon precursors, biological agents, 
nuclear weapons and missile development equipment, $3,900,000, to remain 
available until expended: Provided, That the entire amount is designated 
by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended.

                   Economic Development Administration

                economic development assistance programs

      For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, as amended, Public 
Law 91-304, and such laws that were in effect immediately before 
September 30, 1982, and for trade adjustment assistance, $328,500,000: 
Provided, That none of the funds appropriated or otherwise made 
available under this heading may be used directly or indirectly for 
attorneys' or consultants' fees in connection with securing grants and 
contracts made by the Economic Development Administration: Provided 
further, That, notwithstanding any other provision of law, the Secretary 
of Commerce

[[Page 110 STAT. 3009-34]]

may provide financial assistance for projects to be located on military 
installations closed or scheduled for closure or realignment to grantees 
eligible for assistance under the Public Works and Economic Development 
Act of 1965, as amended, without it being required that the grantee have 
title or ability to obtain a lease for the property, for the useful life 
of the project, when in the opinion of the Secretary of Commerce, such 
financial assistance is necessary for the economic development of the 
area: Provided further, That the Secretary of Commerce may, as the 
Secretary considers appropriate, consult with the Secretary of Defense 
regarding the title to land on military installations closed or 
scheduled for closure or realignment.

                          salaries and expenses

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

                  Minority Business Development Agency

                      minority business development

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

                 Economic and Information Infrastructure

                    Economic and Statistical Analysis

                          salaries and expenses

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

         economics and statistics administration revolving fund

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

[[Page 110 STAT. 3009-35]]

                          Bureau of the Census

                          salaries and expenses

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

                     periodic censuses and programs

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

       National Telecommunications and Information Administration

                          salaries and expenses

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

        public broadcasting facilities, planning and construction

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

                    information infrastructure grants

      For grants authorized by section 392 of the Communications Act of 
1934, as amended, $21,490,000, to remain available until expended as 
authorized by section 391 of the Act, as amended:

[[Page 110 STAT. 3009-36]]

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

                       Patent and Trademark Office

                          salaries and expenses

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

                        Technology Administration

       under secretary for technology/office of technology policy

                          salaries and expenses

      For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $9,500,000: Provided, That $2,500,000 of 
the total amount provided under this heading shall be available to 
support the United States-Israel Science and Technology Commission.

                         Science and Technology

             National Institute of Standards and Technology

             scientific and technical research and services

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

                     industrial technology services

      For necessary expenses of the Manufacturing Extension Partnership 
of the National Institute of Standards and Technology, $95,000,000, to 
remain available until expended, of which not to exceed $300,000 may be 
transferred to the ``Working Capital Fund'': Provided, <<NOTE: 15 USC 
278k note.>> That notwithstanding the time limitations imposed by 15 
U.S.C. 278k(c) (1) and (5) on the duration of Federal financial 
assistance that may be awarded by the Secretary of Commerce

[[Page 110 STAT. 3009-37]]

to Regional Centers for the transfer of Manufacturing Technology 
(``Centers''), such Federal financial assistance for a Center may 
continue beyond six years and may be renewed for additional periods, not 
to exceed one year, at a rate not to exceed one-third of the Center's 
total annual costs, subject before any such renewal to a positive 
evaluation of the Center and to a finding by the Secretary of Commerce 
that continuation of Federal funding to the Center is in the best 
interest of the Regional Centers for the transfer of Manufacturing 
Technology Program.
      In addition, for necessary expenses of the Advanced Technology 
Program of the National Institute of Standards and Technology, 
$225,000,000, to remain available until expended, of which not to exceed 
$500,000 may be transferred to the ``Working Capital Fund.''

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                      (including transfer of funds)

      For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including acquisition, 
maintenance, operation, and hire of aircraft; <<NOTE: 33 USC 851.>>  not 
to exceed 299 commissioned officers on the active list as of September 
30, 1997; grants, contracts, or other payments to nonprofit 
organizations for the purposes of conducting activities pursuant to 
cooperative agreements; and alteration, modernization, and relocation of 
facilities as authorized by 33 U.S.C. 883i; $1,854,067,000, to remain 
available until expended: Provided, That notwithstanding 31 U.S.C. 3302 
but consistent with other existing law, fees shall be assessed, 
collected, and credited to this appropriation as offsetting collections 
to be available until expended, to recover the costs of administering 
aeronautical charting programs: Provided further, That the sum herein 
appropriated from the general fund shall be reduced as such additional 
fees are received during fiscal year 1997, so as to result in a final 
general fund appropriation estimated at not more than $1,851,067,000: 
Provided further, That any such additional fees received in excess of 
$3,000,000 in fiscal year 1997 shall not be available for obligation 
until October 1, 1997: Provided further, That fees and donations 
received by the National Ocean Service for the management of the 
national marine sanctuaries may be retained and used for the salaries 
and expenses associated with those activities, notwithstanding 31 U.S.C. 
3302: Provided further, That in addition, $66,000,000 shall be derived 
by transfer from the fund entitled ``Promote and Develop Fishery 
Products and Research Pertaining to American Fisheries'': Provided 
further, That grants to States pursuant to sections 306 and 306A of the 
Coastal Zone Management Act of 1972, as amended, shall not exceed 
$2,000,000: Provided further, That not later than November 15, 1996, the 
Department of Commerce, in conjunction with the National Oceanic and 
Atmospheric Administration, shall submit to the appropriate committees 
of the Congress, a long-term plan and a legislative proposal necessary 
to implement such plan regarding the continuation of a National Oceanic 
and Atmospheric Administration commissioned corps.

[[Page 110 STAT. 3009-38]]

                      coastal zone management fund

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

                              construction

      For repair and modification of, and additions to, existing 
facilities and construction of new facilities, and for facility planning 
and design and land acquisition not otherwise provided for the National 
Oceanic and Atmospheric Administration, $58,250,000, to remain available 
until expended, of which $8,500,000 shall be available only for a grant 
to the University of New Hampshire for construction and related expenses 
for an environmental technology facility.

            fleet modernization, shipbuilding and conversion

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

            fishing vessel and gear damage compensation fund

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

                      fishermen's contingency fund

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

                      foreign fishing observer fund

      For expenses necessary to carry out the provisions of the Atlantic 
Tunas Convention Act of 1975, as amended (Public Law 96-339), the 
Magnuson Fishery Conservation and Management Act of 1976, as amended 
(Public Law 100-627), and the American Fisheries Promotion Act (Public 
Law 96-561), to be derived from the fees imposed under the foreign 
fishery observer program authorized by these Acts, not to exceed 
$196,000, to remain available until expended.

                  fishing vessel obligations guarantees

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

[[Page 110 STAT. 3009-39]]

vessel that will increase the harvesting capacity in any United States 
fishery.

                         General Administration

                          salaries and expenses

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

                       office of inspector general

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

             National Institute of Standards and Technology

                   construction of research facilities

                              (rescission)

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

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                              (rescission)

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

               General Provisions--Department of Commerce

      Sec. 201. During the current fiscal year, applicable 
appropriations and funds made available to the Department of Commerce by 
this Act shall be available for the activities specified in the Act of 
October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner 
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used 
for advanced payments not otherwise authorized only upon the 
certification of officials designated by the Secretary that such 
payments are in the public interest.
      Sec. 202. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).
      Sec. 203. None of the funds made available by this Act may be used 
to support the hurricane reconnaissance aircraft and activities that are 
under the control of the United States Air Force or the United States 
Air Force Reserve.
      Sec. 204. None <<NOTE: 13 USC 23 note.>>  of the funds provided in 
this or any previous Act, or hereinafter made available to the 
Department of Commerce, shall be available to reimburse the Unemployment 
Trust Fund or any other fund or account of the Treasury to pay for any 
expenses

[[Page 110 STAT. 3009-40]]

paid before October 1, 1992, as authorized by section 8501 of title 5, 
United States Code, for services performed after April 20, 1990, by 
individuals appointed to temporary positions within the Bureau of the 
Census for purposes relating to the 1990 decennial census of population.
      Sec. 205. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall be 
treated as a reprogramming of funds under section 605 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
      Sec. 206. (a) Should legislation be enacted to dismantle or 
reorganize the Department of Commerce, the Secretary of Commerce, no 
later than 90 days thereafter, shall submit to the Committees on 
Appropriations of the House and the Senate a plan for transferring funds 
provided in this Act to the appropriate successor organizations: 
Provided, That the plan shall include a proposal for transferring or 
rescinding funds appropriated herein for agencies or programs terminated 
under such legislation: Provided further, That such plan shall be 
transmitted in accordance with section 605 of this Act.
      (b) The Secretary of Commerce or the appropriate head of any 
successor organization(s) may use any available funds to carry out 
legislation dismantling or reorganizing the Department of Commerce to 
cover the costs of actions relating to the abolishment, reorganization, 
or transfer of functions and any related personnel action, including 
voluntary separation incentives if authorized by such legislation: 
Provided, That the authority to transfer funds between appropriations 
accounts that may be necessary to carry out this section is provided in 
addition to authorities included under section 205 of this Act: Provided 
further, That use of funds to carry out this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
      Sec. 207. Any costs incurred by a Department or agency funded 
under this title resulting from personnel actions taken in response to 
funding reductions included in this title shall be absorbed within the 
total budgetary resources available to such Department or agency: 
Provided, That the authority to transfer funds between appropriations 
accounts as may be necessary to carry out this section is provided in 
addition to authorities included elsewhere in this Act: Provided 
further, That use of funds to carry out this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
      Sec. 208. <<NOTE: 16 USC 1851 note.>>  None of the funds 
appropriated under this Act or any other Act henceforth may be used to 
develop new fishery management plans, amendments, or regulations which 
create new individual fishing quota programs (whether such quotas are 
transferable or not) or to implement any such plans, amendments or 
regulations approved by a Regional Fishery Management Council or the 
Secretary after January 4, 1995, until offsetting fees to

[[Page 110 STAT. 3009-41]]

pay for the cost of administering such plans, amendments, or regulations 
are expressly authorized under the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.). This restriction shall also 
apply to any program relating to the Gulf of Mexico commercial red 
snapper fishery that authorizes the consolidation of licenses, permits 
or endorsements that result in different trip limits for vessels in the 
same class. This restriction shall not apply in any way to the North 
Pacific halibut and sablefish, South Atlantic wreckfish, or the Mid-
Atlantic surfclam and ocean (including mahogany) quohog individual 
fishing quota programs. The term ``individual fishing quota'' does not 
include a community development quota.
      Sec. 209. The Secretary may award contracts for hydrographic, 
geodetic, and photogrammetric surveying and mapping services in 
accordance with title IX of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 541 et seq.).
      Sec. 210. <<NOTE: 13 USC 11 note.>>  There is hereby established 
the Bureau of the Census Working Capital Fund, which shall be available 
without fiscal year limitation, for expenses and equipment necessary for 
the maintenance and operation of such services and projects as the 
Director of the Census Bureau determines may be performed more 
advantageously when centralized: Provided, That such central services 
shall, to the fullest extent practicable, be used to make unnecessary 
the maintenance of separate like services in the divisions and offices 
of the Bureau: Provided further, That a separate schedule of 
expenditures and reimbursements, and a statement of the current assets 
and liabilities of the Working Capital Fund as of the close of the last 
completed fiscal year, shall be prepared each year: Provided further, 
That notwithstanding 31 U.S.C. 3302, the Working Capital Fund may be 
credited with advances and reimbursements from applicable appropriations 
of the Bureau and from funds of other agencies or entities for services 
furnished pursuant to law: Provided further, That any inventories, 
equipment, and other assets pertaining to the services to be provided by 
such funds, either on hand or on order, less the related liabilities or 
unpaid obligations, and any appropriations made hereafter for the 
purpose of providing capital, shall be used to capitalize the Working 
Capital Fund: Provided further, That the Working Capital Fund shall 
provide for centralized services at rates which will return in full all 
expenses of operation, including depreciation of fund plant and 
equipment, amortization of automated data processing software and 
hardware systems, and an amount necessary to maintain a reasonable 
operating reserve as determined by the Director.
      Sec. 211. <<NOTE: 16 USC 1801 note.>>  (a) Effective 15 days after 
the enactment of the Sustainable Fisheries Act, section 1 of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801) shall 
be amended to read as follows: ``That this Act may be cited as the 
`Magnuson-Stevens Fishery Conservation and Management Act'.''
      (b) <<NOTE: 16 USC 1801 note.>>  Effective 15 days after the 
enactment of the Sustainable Fisheries Act, all references to the 
Magnuson Fishery Conservation and Management Act shall be redesignated 
as references to the Magnuson-Stevens Fishery Conservation and 
Management Act.
      This title may be cited as the ``Department of Commerce and 
Related Agencies Appropriations Act, 1997''.

[[Page 110 STAT. 3009-42]]

   TITLE <<NOTE: The Judiciary Appropriations Act, 1997.>>  III--THE 
JUDICIARY

                   Supreme Court of the United States

                          salaries and expenses

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

                    care of the building and grounds

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

         United States Court of Appeals for the Federal Circuit

                          salaries and expenses

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

               United States Court of International Trade

                          salaries and expenses

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

     Courts of Appeals, District Courts, and Other Judicial Services

                          salaries and expenses

                      (including transfer of funds)

      For the salaries of circuit and district judges (including judges 
of the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the United 
States Court of Federal Claims, bankruptcy judges, magistrate judges, 
and all other officers and employees of the Federal Judiciary not 
otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $2,556,000,000 (including the purchase of 
firearms and ammunition); of which not to exceed $13,454,000 shall 
remain available until expended for space alteration projects; of which 
$500,000 shall be transferred to the Commission on Structural 
Alternatives for the Federal Courts of

[[Page 110 STAT. 3009-43]]

Appeals only after legislation is enacted to establish the Commission; 
of which not to exceed $10,000,000 shall remain available until expended 
for furniture and furnishings related to new space alteration and 
construction projects; and of which $500,000 is to remain available 
until expended for acquisition of books, periodicals, and newspapers, 
and all other legal reference materials, including subscriptions.
      In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $2,390,000, to be appropriated 
from the Vaccine Injury Compensation Trust Fund.
      For an additional amount for expenses relating to additional 
workload from the Antiterrorism and Effective Death Penalty Act of 1996, 
and for Court Security needs, $10,000,000, to remain available until 
expended: Provided, That the entire amount is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the amount not previously designated by the 
President as an emergency requirement shall be available only to the 
extent an official budget request, for a specific dollar amount that 
includes designation of the entire amount of the request as an emergency 
requirement, as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted to Congress.

                    violent crime reduction programs

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

                            defender services

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

                    fees of jurors and commissioners

      For fees and expenses of jurors as authorized by 28 U.S.C. 1871 
and 1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71A(h)); $67,000,000, to remain available until 
expended: Provided, That

[[Page 110 STAT. 3009-44]]

the compensation of land commissioners shall not exceed the daily 
equivalent of the highest rate payable under section 5332 of title 5, 
United States Code.

                             court security

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

            Administrative Office of the United States Courts

                          salaries and expenses

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

                         Federal Judicial Center

                          salaries and expenses

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

                        Judicial Retirement Funds

                    payment to judiciary trust funds

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

                   United States Sentencing Commission

                          salaries and expenses

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

[[Page 110 STAT. 3009-45]]

                    General Provisions--The Judiciary

      Sec. 301. Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
      Sec. 302. Appropriations made in this title shall be available for 
salaries and expenses of the Special Court established under the 
Regional Rail Reorganization Act of 1973, Public Law 93-236.
      Sec. 303. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
      Sec. 304. Notwithstanding any other provision of law, the salaries 
and expenses appropriation for district courts, courts of appeals, and 
other judicial services shall be available for official reception and 
representation expenses of the Judicial Conference of the United States: 
Provided, That such available funds shall not exceed $10,000 and shall 
be administered by the Director of the Administrative Office of the 
United States Courts in his capacity as Secretary of the Judicial 
Conference.
      Sec. 305. Section 612(l) of title 28, United States Code, shall be 
amended as follows: strike ``1997'', and insert in lieu thereof 
``1998''.
      Sec. 306. <<NOTE: 18 USC 3626 note.>>  None of the funds available 
to the Judiciary in fiscal years 1996 and 1997 and hereafter shall be 
available for expenses authorized pursuant to section 802(a) of title 
VIII of section 101(a) of title I of the Omnibus Consolidated 
Rescissions and Appropriations Act of 1996, Public Law 104-134, for 
costs related to the appointment of Special Masters prior to April 26, 
1996.
      Sec. 307. The United States courthouse at 310 West Sixth Street in 
Medford, Oregon, shall be known and designated as the ``James A. Redden 
Federal Courthouse''.
      Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the United States courthouse at 310 West 
Sixth Street in Medford, Oregon, shall be deemed to be a reference to 
the ``James A. Redden Federal Courthouse''.
      This title may be cited as ``The Judiciary Appropriations Act, 
1997''.

[[Page 110 STAT. 3009-46]]

 TITLE <<NOTE: Department of State and Related Agencies Appropriations 
Act, 1997.>> IV--DEPARTMENT OF STATE AND RELATED AGENCIES

                           DEPARTMENT OF STATE

                    Administration of Foreign Affairs

                    diplomatic and consular programs

      For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including expenses authorized by the 
State Department Basic Authorities Act of 1956, as amended; 
representation to certain international organizations in which the 
United States participates pursuant to treaties, ratified pursuant to 
the advice and consent of the Senate, or specific Acts of Congress; 
acquisition by exchange or purchase of passenger motor vehicles as 
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and 22 U.S.C. 2674; and 
for expenses of general administration; <<NOTE: 8 USC 1351 
note.>> $1,700,450,000: Provided, That notwithstanding section 
140(a)(5), and the second sentence of section 140(a)(3), of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
236), not to exceed $150,000,000 of fees may be collected during fiscal 
year 1997 under the authority of section 140(a)(1) of that Act: Provided 
further, That all fees collected under the preceding proviso shall be 
deposited in fiscal year 1997 as an offsetting collection to 
appropriations made under this heading to recover the costs of providing 
consular services and shall remain available until expended: Provided 
further, That in <<NOTE: 22 USC 2695b.>>  fiscal year 1998, a system 
shall be in place that allocates to each department and agency the full 
cost of its presence outside of the United States.
      Of the funds provided under this heading, $24,856,000 shall be 
available only for the Diplomatic Telecommunications Service for 
operation of existing base services and not to exceed $17,230,000 shall 
be available only for the enhancement of the Diplomatic 
Telecommunications Service and shall remain available until expended. Of 
the latter amount, $2,500,000 shall not be made available until 
expiration of the 15 day period beginning on the date when the Secretary 
of State and the Director of the Diplomatic Telecommunications Service 
submit the pilot program report required by section 507 of Public Law 
103-317.
      In addition, not to exceed $700,000 in registration fees collected 
pursuant to section 38 of the Arms Export Control Act, as amended, may 
be used in accordance with section 45 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2717); and in addition not to exceed 
$1,223,000 shall be derived from fees collected from other executive 
agencies for lease or use of facilities located at the International 
Center in accordance with section 4 of the International Center Act 
(Public Law 90-553), as amended; and in addition, as authorized by 
section 5 of such Act $450,000, to be derived from the reserve 
authorized by that section, to be used for the purposes set out in that 
section; and in addition not to exceed $15,000 which shall be derived 
from reimbursements, surcharges, and fees for use of Blair House 
facilities in accordance with section 46 of the State of Department 
Basic Authorities Act of 1956 (22 U.S.C. 2718(a)).
      Notwithstanding section 402 of this Act, not to exceed 20 percent 
of the amounts made available in this Act in the appropriation accounts 
``Diplomatic and Consular Programs'' and ``Salaries and

[[Page 110 STAT. 3009-47]]

Expenses'' under the heading ``Administration of Foreign Affairs'' may 
be transferred between such appropriation accounts: Provided, That any 
transfer pursuant to this sentence shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
      For an additional amount for counterterrorism requirements 
overseas, including security guards and equipment, $23,700,000, to 
remain available until expended: Provided, That the entire amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended.

                          salaries and expenses

      For expenses necessary for the general administration of the 
Department of State and the Foreign Service, provided for by law, 
including expenses authorized by section 9 of the Act of August 31, 
1964, as amended (31 U.S.C. 3721), and the State Department Basic 
Authorities Act of 1956, as amended, $352,300,000.

                         capital investment fund

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

                       office of inspector general

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

                        representation allowances

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

              protection of foreign missions and officials

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

           security and maintenance of united states missions

      For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926, as amended (22 U.S.C. 292-300), and the

[[Page 110 STAT. 3009-48]]

Diplomatic Security Construction Program as authorized by title IV of 
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 
4851), $364,495,000, to remain available until expended as authorized by 
section 24(c) of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2696(c)): Provided, That none of the funds appropriated in this 
paragraph shall be available for acquisition of furniture and 
furnishings and generators for other departments and agencies.
      For an additional amount for security improvements, necessary 
relocation expenses, and security equipment for United States diplomatic 
facilities and missions overseas, $24,825,000, to remain available until 
expended: Provided, That of this amount $9,400,000 is for security 
projects on behalf of United States and Foreign Commercial Service 
missions and $1,125,000 is for security projects on behalf of United 
States Information Agency missions: Provided further, That the entire 
amount is designated by Congress as an emergency requirement pursuant to 
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That the amount not 
previously designated by the President as an emergency requirement shall 
be available only to the extent an official budget request, for a 
specific dollar amount that includes designation of the entire amount of 
the request as an emergency requirement, as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted to Congress.

           emergencies in the diplomatic and consular service

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

                   repatriation loans program account

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

               payment to the american institute in taiwan

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

      payment to the foreign service retirement and disability fund

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

[[Page 110 STAT. 3009-49]]

International Organizations and Confer <<NOTE: 22 USC 269a note.>> ences

              contributions to international organizations

      For expenses, not otherwise provided for, necessary to meet annual 
obligations of membership in international multilateral organizations, 
pursuant to treaties ratified pursuant to the advice and consent of the 
Senate, conventions or specific Acts of Congress, $892,000,000: 
Provided, That any payment of arrearages shall be directed toward 
special activities that are mutually agreed upon by the United States 
and the respective international organization: Provided further, That 20 
percent of the funds appropriated in this paragraph for the assessed 
contribution of the United States to the United Nations shall be 
withheld from obligation and expenditure until a certification is made 
under section 401(b) of Public Law 103-236 for fiscal year 1997: 
Provided further, That certification under section 401(b) of Public Law 
103-236 for fiscal year 1997 may only be made if the Committees on 
Appropriations and Foreign Relations of the Senate and the Committees on 
Appropriations and International Relations of the House of 
Representatives are notified of the steps taken, and anticipated, to 
meet the requirements of section 401(b) of Public Law 103-236 at least 
15 days in advance of the proposed certification: Provided further, That 
none of the funds appropriated in this paragraph shall be available for 
a United States contribution to an international organization for the 
United States share of interest costs made known to the United States 
Government by such organization for loans incurred on or after October 
1, 1984, through external borrowings: Provided further, That of the 
funds appropriated in this paragraph, $100,000,000 may be made available 
only pursuant to a certification by the Secretary of State by no later 
than January 30, 1997, that the United Nations has taken no action 
during calendar year 1996 to increase funding for any United Nations 
program without identifying an offsetting decrease elsewhere in the 
United Nations budget and cause the United Nations to exceed its no 
growth budget for the biennium 1996-1997 adopted in December, 1995: 
Provided further, That if the Secretary of State is unable to make the 
aforementioned certification, the $100,000,000 is to be applied to 
paying the current year assessment for other international organizations 
for which the assessment has not been paid in full or to paying the 
assessment due in the next fiscal year for such organizations, subject 
to the reprogramming procedures contained in Section 605 of this Act: 
Provided further, That notwithstanding section 402 of this Act, not to 
exceed $10,000,000 may be transferred from the funds made available 
under this heading to the ``International Conferences and 
Contingencies'' account for assessed contributions to new or provisional 
international organizations or for travel expenses of official delegates 
to international conferences: Provided further, That any transfer 
pursuant to this paragraph shall be treated as a reprogramming of funds 
under section 605 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.

         contributions for international peacekeeping activities

      For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance

[[Page 110 STAT. 3009-50]]

or restoration of international peace and security $352,400,000, of 
which $50,000,000 is for payment of arrearages accumulated in 1995, and 
which shall be available only upon certification by the Secretary of 
State that at least two of the following have been achieved: (1) savings 
of at least $100,000,000 will be achieved in the biennial expenses of 
the following United Nations divisions and activities--the United 
Nations Conference on Trade and Development, the Regional Economic 
Commissions, the Department of Public Information, and the Department of 
Conference Services, travel and overtime; (2) the number of professional 
and general service staff employed by the United Nations Secretariat at 
the conclusion of the 1996-1997 biennium will be at least ten percent 
below the number of such positions on January 1, 1996; and (3) the 
United Nations has adopted a budget outline for the 1998-1999 biennium 
that is below $2,608,000,000; as part of a five-year program to achieve 
major cost-saving reforms in the United Nations and specialized 
agencies: Provided, That none of the funds made available under this Act 
shall be obligated or expended for any new or expanded United Nations 
peacekeeping mission unless, at least fifteen days in advance of voting 
for the new or expanded mission in the United Nations Security Council 
(or in an emergency, as far in advance as is practicable), (1) the 
Committees on Appropriations of the House of Representatives and the 
Senate and other appropriate Committees of the Congress are notified of 
the estimated cost and length of the mission, the vital national 
interest that will be served, and the planned exit strategy; and (2) a 
reprogramming of funds pursuant to section 605 of this Act is submitted, 
and the procedures therein followed, setting forth the source of funds 
that will be used to pay for the cost of the new or expanded mission: 
Provided further, That funds shall be available for peacekeeping 
expenses only upon a certification by the Secretary of State to the 
appropriate committees of the Congress that American manufacturers and 
suppliers are being given opportunities to provide equipment, services, 
and material for United Nations peacekeeping activities equal to those 
being given to foreign manufacturers and suppliers.

                        International Commissions

      For necessary <<NOTE: 22 USC 269a note.>>  expenses, not otherwise 
provided for, to meet obligations of the United States arising under 
treaties, or specific Acts of Congress, as follows:

  international boundary and water commission, united states and mexico

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

                          salaries and expenses

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

[[Page 110 STAT. 3009-51]]

                              construction

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

              american sections, international commissions

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

                   international fisheries commissions

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

                                  Other

                     payment to the asia foundation

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

                            RELATED AGENCIES

                   Arms Control and Disarmament Agency

                 arms control and disarmament activities

      For necessary expenses not otherwise provided, for arms control, 
nonproliferation, and disarmament activities, $41,500,000, of which not 
to exceed $50,000 shall be for official reception and representation 
expenses as authorized by the Act of September 26, 1961, as amended (22 
U.S.C. 2551 et seq.).

                    United States Information Agency

                          salaries and expenses

      For expenses, not otherwise provided for, necessary to enable the 
United States Information Agency, as authorized by the Mutual 
Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 
2451 et seq.), the United States Information and Educational Exchange 
Act of 1948, as amended (22 U.S.C. 1431 et seq.), and Reorganization 
Plan No. 2 of 1977 (91 Stat. 1636), to carry out international 
communication, educational and cultural activities; and to carry out 
related activities authorized by law, including employment, without 
regard to civil service and classification laws,

[[Page 110 STAT. 3009-52]]

of persons on a temporary basis (not to exceed $700,000 of this 
appropriation), as authorized by section 801 of such Act of 1948 (22 
U.S.C. 1471), and entertainment, including official receptions, within 
the United States, not to exceed $25,000 as authorized by section 804(3) 
of such Act of 1948 (22 U.S.C. 1474(3)); $440,000,000: Provided, That 
not to exceed $1,400,000 may be used for representation abroad as 
authorized by section 302 of such Act of 1948 (22 U.S.C. 1452) and 
section 905 of the Foreign Service Act of 1980 (22 U.S.C. 4085): 
Provided further, That not to exceed $7,615,000, to remain available 
until expended, may be credited to this appropriation from fees or other 
payments received from or in connection with English teaching, library, 
motion pictures, and publication programs as authorized by section 810 
of such Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any other 
law, fees from student advising and counseling: Provided further; That 
not to exceed $1,100,000 to remain available until expended may be used 
to carry out projects involving security construction and related 
improvements for agency facilities not physically located together with 
Department of State facilities abroad.
      For an additional amount for necessary expenses relating to 
security, $1,375,000: Provided, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, a 
amended.

                             technology fund

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

               educational and cultural exchange programs

      For expenses of educational and cultural exchange programs, as 
authorized by the Mutual Educational and Cultural Exchange Act of 1961, 
as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 
1977 (91 Stat. 1636), $185,000,000, to remain available until expended 
as authorized by section 105 of such Act of 1961 (22 U.S.C. 2455).

            eisenhower exchange fellowship program trust fund

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

[[Page 110 STAT. 3009-53]]

profit Organizations), including the restrictions on compensation for 
personal services.

                    israeli arab scholarship program

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

                  international broadcasting operations

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

                          broadcasting to cuba

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

                           radio construction

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

[[Page 110 STAT. 3009-54]]

                            east-west center

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

                           north/south center

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

                    national endowment for democracy

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

      General Provisions--Department of State and Related Agencies

      Sec. 401. Funds appropriated under this title shall be available, 
except as otherwise provided, for allowances and differentials as 
authorized by subchapter 59 of 5 U.S.C.; for services as authorized by 5 
U.S.C. 3109; and hire of passenger transportation pursuant to 31 U.S.C. 
1343(b).
      Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of State in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the United States Information Agency in this Act 
may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided 
further, That any transfer pursuant to this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
      Sec. 403. Funds hereafter appropriated <<NOTE: 22 USC 268c.>>  or 
otherwise made available under this Act or any other Act may be expended 
for compensation of the United States Commissioner of the International 
Boundary Commission, United States and Canada, only for actual hours 
worked by such Commissioner.
      Sec. 404. Funds appropriated by this Act for the United States 
Information Agency, the Arms Control and Disarmament Agency,

[[Page 110 STAT. 3009-55]]

and the Department of State may be obligated and expended 
notwithstanding section 701 of the United States Information and 
Educational Exchange Act of 1948 and section 313 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995, section 53 of 
the Arms Control and Disarmament Act, and section 15 of the State 
Department Basic Authorities Act of 1956.
      Sec. 405. Any costs incurred by a Department or agency funded 
under this title resulting from personnel actions taken in response to 
funding reductions included in this title shall be absorbed within the 
total budgetary resources available to such Department or agency: 
Provided, That the authority to transfer funds between appropriations 
accounts as may be necessary to carry out this section is provided in 
addition to authorities included elsewhere in this Act: Provided 
further, That use of funds to carry out this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
      Sec. 406. Starting sixty days after enactment of this Act, none of 
the funds made available by this Act may be made available to support 
the activities of the Standing Consultative Commission (SCC) unless the 
President provides to the Congress a report containing a detailed 
analysis of whether the Memorandum of Understanding on Succession and 
the Agreed Statement regarding Demarcation agreed to by the Standing 
Consultative Commission on June 24, 1996, which was reaffirmed by 
Secretary of State Warren Christopher and Minister of Foreign Affairs 
Evgeny Primakov on September 23, 1996, represent substantive changes to 
the Anti-Ballistic Missile Treaty of 1972 and whether these agreements 
will require the advice and consent of the Senate of the United States.
      Sec. 407. Section 1 of the Act of June 4, 1920 (41 Stat. 750; 22 
U.S.C. 214) is amended by--
            (1) inserting before the period at the end of the first 
        sentence the following: ``; except that the Secretary of State 
        may by regulation authorize State officials or the United States 
        Postal Service to collect and retain the execution fee for each 
        application for a passport accepted by such officials or by that 
        Service''; and
            (2) striking the second sentence.
      This title may be cited as the ``Department of State and Related 
Agencies Appropriations Act, 1997''.

                        TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                         Maritime Administration

                    operating-differential subsidies

                   (liquidation of contract authority)

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

[[Page 110 STAT. 3009-56]]

                        maritime security program

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

                         operations and training

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

           maritime guaranteed loan (title xi) program account

      For the cost of guaranteed loans, as authorized by the Merchant 
Marine Act, 1936, $37,450,000, to remain available until expended: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974, as amended: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed, 
not to exceed $1,000,000,000.
      In addition, for administrative expenses to carry out the 
guaranteed loan program, not to exceed $3,450,000, which shall be 
transferred to and merged with the appropriation for Operations and 
Training.

           administrative provisions--maritime administration

      Notwithstanding any other provision of this Act, the Maritime 
Administration is authorized to furnish utilities and services and make 
necessary repairs in connection with any lease, contract, or occupancy 
involving Government property under control of the Maritime 
Administration, and payments received therefor shall be credited to the 
appropriation charged with the cost thereof: Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.
      No obligations shall be incurred during the current fiscal year 
from the construction fund established by the Merchant Marine Act, 1936, 
or otherwise, in excess of the appropriations and limitations contained 
in this Act or in any prior appropriation Act, and all receipts which 
otherwise would be deposited to the credit of said fund shall be covered 
into the Treasury as miscellaneous receipts.

      Commission for the Preservation of America's Heritage Abroad

                          salaries and expenses

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

[[Page 110 STAT. 3009-57]]

                       Commission on Civil Rights

                          salaries and expenses

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

                    Commission on Immigration Reform

                          salaries and expenses

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

            Commission on Security and Cooperation in Europe

                          salaries and expenses

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

                 Equal Employment Opportunity Commission

                          salaries and expenses

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

                    Federal Communications Commission

                          salaries and expenses

      For necessary expenses of the Federal Communications Commission, 
as authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-02; not to exceed $600,000 for land and 
structure; not to exceed $500,000 for improvement and care of grounds 
and repair to buildings; not to exceed

[[Page 110 STAT. 3009-58]]

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

                       Federal Maritime Commission

                          salaries and expenses

      For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act of 1936, as 
amended (46 App. U.S.C. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 
1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C. 
5901-02; $14,000,000: Provided, That not to exceed $2,000 shall be 
available for official reception and representation expenses.

                        Federal Trade Commission

                          salaries and expenses

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

[[Page 110 STAT. 3009-59]]

authorized by section 151 of the Federal Deposit Insurance Corporation 
Improvement Act of 1991 (Public Law 102-242, 105 Stat. 2282-2285).

                    Gambling Impact Study Commission

                          salaries and expenses

      For necessary expenses of the National Gambling Impact Study 
Commission, $4,000,000 to remain available until expended: Provided, 
That these funds will be available only upon enactment of an 
authorization for this Commission.

                       Legal Services Corporation

                payment to the legal services corporation

      For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, as amended, 
$283,000,000, of which $274,400,000 is for basic field programs and 
required independent audits; $1,500,000 is for the Office of Inspector 
General, of which such amounts as may be necessary may be used to 
conduct additional audits of recipients; and $7,100,000 is for 
management and administration.

          administrative provisions--legal services corporation

      Sec. 501. (a) Continuation of Competitive Selection Process.--None 
of the funds appropriated in this Act to the Legal Services Corporation 
may be used to provide financial assistance to any person or entity 
except through a competitive selection process conducted in accordance 
with regulations promulgated by the Corporation in accordance with the 
criteria set forth in subsections (c), (d), and (e) of section 503 of 
Public Law 104-134 (110 Stat. 1321-52 et seq.).
      (b) Inapplicability of Noncompetitive Procedures.--For purposes of 
the funding provided in this Act, rights under sections 1007(a)(9) and 
1011 of the Legal Services Corporation Act (42 U.S.C. 2996f(a)(9) and 42 
U.S.C. 2996j) shall not apply.
      Sec. 502. (a) Continuation of Requirements and Restrictions.--None 
of the funds appropriated in this Act to the Legal Services Corporation 
shall be expended for any purpose prohibited or limited by, or contrary 
to any of the provisions of--
            (1) sections 501, 502, 505, 506, and 507 of Public Law 104-
        134 (110 Stat. 1321-51 et seq.), and all funds appropriated in 
        this Act to the Legal Services Corporation shall be subject to 
        the same terms and conditions as set forth in such sections, 
        except that all references in such sections to 1995 and 1996 
        shall be deemed to refer instead to 1996 and 1997, respectively; 
        and
            (2) section 504 of Public Law 104-134 (110 Stat. 1321-53 et 
        seq.), and all funds appropriated in this Act to the Legal 
        Services Corporation shall be subject to the same terms and 
        conditions set forth in such section, except that--
                    (A) subsection (c) of such section 504 shall not 
                apply;
                    (B) paragraph (3) of section 508(b) of Public Law 
                104-134 (110 Stat. 1321-58) shall apply with respect to 
                the requirements of subsection (a)(13) of such section 
                504, except that all references in such section 508(b) 
                to the

[[Page 110 STAT. 3009-60]]

                date of enactment shall be deemed to refer to April 26, 
                1996; and
                    (C) subsection (a)(11) of such section 504 shall not 
                be construed to prohibit a recipient from using funds 
                derived from a source other than the Corporation to 
                provide related legal assistance to--
                          (i) an alien who has been battered or 
                      subjected to extreme cruelty in the United States 
                      by a spouse or a parent, or by a member of the 
                      spouse's or parent's family residing in the same 
                      household as the alien and the spouse or parent 
                      consented or acquiesced to such battery or 
                      cruelty; or
                          (ii) an alien whose child has been battered or 
                      subjected to extreme cruelty in the United States 
                      by a spouse or parent of the alien (without the 
                      active participation of the alien in the battery 
                      or extreme cruelty), or by a member of the 
                      spouse's or parent's family residing in the same 
                      household as the alien and the spouse or parent 
                      consented or acquiesced to such battery or 
                      cruelty, and the alien did not actively 
                      participate in such battery or cruelty.
      (b) Definitions.--For purposes of subsection (a)(2)(C):
            (1) The term ``battered or subjected to extreme cruelty'' 
        has the meaning given such term under regulations issued 
        pursuant to subtitle G of the Violence Against Women Act of 1994 
        (Pub. L. 103-322; 108 Stat. 1953).
            (2) The term ``related legal assistance'' means legal 
        assistance directly related to the prevention of, or obtaining 
        of relief from, the battery or cruelty described in such 
        subsection.
      Sec. 503. (a) Continuation of Audit Requirements.--The 
requirements of section 509 of Public Law 104-134 (110 Stat. 1321-58 et 
seq.), other than subsection (l) of such section, shall apply during 
fiscal year 1997.
      (b) Requirement of Annual Audit.--An annual audit of each person 
or entity receiving financial assistance from the Legal Services 
Corporation under this Act shall be conducted during fiscal year 1997 in 
accordance with the requirements referred to in subsection (a).

                        Marine Mammal Commission

                          salaries and expenses

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

                  National Bankruptcy Review Commission

                          salaries and expenses

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

[[Page 110 STAT. 3009-61]]

                       Ounce of Prevention Council

      For activities authorized by sections 30101 and 30102 of Public 
Law 103-322 (including administrative costs), $1,500,000, to remain 
available until expended, for the Ounce of Prevention Grant Program: 
Provided, That the Council may accept and use gifts and donations, both 
real and personal, for the purpose of aiding or facilitating the 
authorized activities of the Council, of which not to exceed $5,000 may 
be used for official reception and representation expenses.

                   Securities and Exchange Commission

                          salaries and expenses

      For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,000 for official reception and 
representation expenses, $260,400,000, of which not to exceed $10,000 
may be used toward funding a permanent secretariat for the International 
Organization of Securities Commissions, and of which not to exceed 
$100,000 shall be available for expenses for consultations and meetings 
hosted by the Commission with foreign governmental and other regulatory 
officials, members of their delegations, appropriate representatives and 
staff to exchange views concerning developments relating to securities 
matters, development and implementation of cooperation agreements 
concerning securities matters and provision of technical assistance for 
the development of foreign securities markets, such expenses to include 
necessary logistic and administrative expenses and the expenses of 
Commission staff and foreign invitees in attendance at such 
consultations and meetings including (1) such incidental expenses as 
meals taken in the course of such attendance, (2) any travel and 
transportation to or from such meetings, and (3) any other <<NOTE: 15 
USC 77f note.>>  related lodging or subsistance: Provided, That 
immediately upon enactment of this Act, the rate of fees under section 
6(b) of the Securities Act of 1933 (15 U.S.C. 77f(b)) shall increase 
from one-fiftieth of one percentum to one-thirty-third of one percentum, 
and such increase shall be deposited as an offsetting collection to this 
appropriation, to remain available until expended, to recover costs of 
services of the securities registration process: Provided further, 
That <<NOTE: 15 USC 78ee note.>>  effective January 1, 1997, every 
national securities association shall pay to the Commission a fee at a 
rate of one-three-hundredth of one percentum of the aggregate dollar 
amount of sales transacted by or through any member of such association 
otherwise than on a national securities exchange (other than bonds, 
debentures, and other evidences of indebtedness) subject to prompt last 
sale reporting pursuant to the rules of the Commission or a registered 
national securities association, excluding any sales for which a fee is 
paid under section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 
78ee), and such increase shall be deposited as an offsetting collection 
to this appropriation, to remain available until expended, to recover 
the costs to the Government of the supervision and regulation of 
securities markets and securities professionals: Provided further, That 
the fee due from every national securities association shall be paid on 
or before September 30, 1997, with respect to transactions and sales 
occurring

[[Page 110 STAT. 3009-62]]

during the period beginning on January 1, 1997, and ending at the close 
of August 31, 1997: Provided further, That the total amount appropriated 
for fiscal year 1997 under this heading shall be reduced as all such 
offsetting fees are deposited to this appropriation so as to result in a 
final total fiscal year 1997 appropriation from the General Fund 
estimated at not more than $37,778,000: Provided further, That any such 
fees collected in excess of $222,622,000 shall remain available until 
expended but shall not be available for obligation until October 1, 
1997.

                      Small Business Administration

                          salaries and expenses

      For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 103-403, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and representation 
expenses, $223,547,000, of which $1,000,000 shall only be available for 
obligation and expenditure for projects jointly developed, implemented 
and administered with the Minority Business Development Agency of the 
Department of Commerce: Provided, That the Administrator is authorized 
to charge fees to cover the cost of publications developed by the Small 
Business Administration, and certain loan servicing activities: Provided 
further, That notwithstanding 31 U.S.C. 3302, revenues received from all 
such activities shall be credited to this account, to be available for 
carrying out these purposes without further appropriations: Provided 
further, That $75,500,000 shall be available to fund grants for 
performance in fiscal year 1997 or fiscal year 1998 as authorized by 
section 21 of the Small Business Act, as amended. In addition, for 
expenses not otherwise provided for, of the Small Business 
Administration, $11,500,000, of which: $3,000,000 shall be available for 
a grant to continue the WVHTC Foundation outreach program to assist 
small business development; $7,000,000 shall be available for a grant to 
the Center for Rural Development in Somerset, Kentucky, for small 
business and rural technology development assistance; $1,000,000 shall 
be available for a grant to Indiana State University for the renovation 
and equipping of a training facility, to assist in creating small 
business and economic development opportunities; and $500,000 shall be 
available for a continuation grant to the Center for Entrepreneurial 
Opportunity in Greensburg, Pennsylvania, to provide for small business 
consulting and assistance.

                       office of inspector general

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

                     business loans program account

      For the cost of direct loans, $1,691,000, and for the cost of 
guaranteed loans, $182,017,000, as authorized by 15 U.S.C. 631 note, of 
which $2,317,000, to be available until expended, shall be for the 
Microloan Guarantee Program, and of which $40,510,000

[[Page 110 STAT. 3009-63]]

shall remain available until September 30, 1998: Provided, That such 
costs, including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974: Provided 
further, That during fiscal year 1997, commitments to guarantee loans 
under section 503 of the Small Business Investment Act of 1958, as 
amended, shall not exceed the amount of financings authorized under 
section 20(n)(2)(B) of the Small Business Act, as amended.
      In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $94,000,000, which may be transferred to 
and merged with the appropriations for Salaries and Expenses.

                     disaster loans program account

      For the cost of direct loans authorized by section 7(b) of the 
Small Business Act, as amended, $105,432,000, to remain available until 
expended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974.
      In addition, for administrative expenses to carry out the direct 
loan program, $86,500,000, including not to exceed $500,000 for the 
Office of Inspector General of the Small Business Administration for 
audits and reviews of disaster loans and the disaster loan program, and 
said sums may be transferred to and merged with appropriations for 
Salaries and Expenses and Office of Inspector General.

                  surety bond guarantees revolving fund

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

         administrative provision--small business administration

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

                         State Justice Institute

                          salaries and expenses

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

[[Page 110 STAT. 3009-64]]

                      TITLE VI--GENERAL PROVISIONS

      Sec. 601. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
      Sec. 602. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
      Sec. 603. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expenditures 
are a matter of public record and available for public inspection, 
except where otherwise provided under existing law, or under existing 
Executive order issued pursuant to existing law.
      Sec. 604. If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons or 
circumstances other than those as to which it is held invalid shall not 
be affected thereby.
      Sec. 605. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 1997, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds which (1) creates new programs; (2) 
eliminates a program, project, or activity; (3) increases funds or 
personnel by any means for any project or activity for which funds have 
been denied or restricted; (4) relocates an office or employees; (5) 
reorganizes offices, programs, or activities; or (6) contracts out or 
privatizes any functions, or activities presently performed by Federal 
employees; unless the Appropriations Committees of both Houses of 
Congress are notified fifteen days in advance of such reprogramming of 
funds.
      (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 1997, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, whichever is less, that (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding for 
any existing program, project, or activity, or numbers of personnel by 
10 percent as approved by Congress; or (3) results from any general 
savings from a reduction in personnel which would result in a change in 
existing programs, activities, or projects as approved by Congress; 
unless the Appropriations Committees of both Houses of Congress are 
notified fifteen days in advance of such reprogramming of funds.
      Sec. 606. None of the funds made available in this Act may be used 
for the construction, repair (other than emergency repair), overhaul, 
conversion, or modernization of vessels for the National Oceanic and 
Atmospheric Administration in shipyards located outside of the United 
States.

[[Page 110 STAT. 3009-65]]

      Sec. 607. (a) Purchase of American-Made Equipment and Products.--
It is the sense of the Congress that, to the greatest extent 
practicable, all equipment and products purchased with funds made 
available in this Act should be American-made.
      (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
      (c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined by a 
court or Federal agency that any person intentionally affixed a label 
bearing a ``Made in America'' inscription, or any inscription with the 
same meaning, to any product sold in or shipped to the United States 
that is not made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made available in 
this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
      Sec. 608. None of the funds made available in this Act may be used 
to implement, administer, or enforce any guidelines of the Equal 
Employment Opportunity Commission covering harassment based on religion, 
when it is made known to the Federal entity or official to which such 
funds are made available that such guidelines do not differ in any 
respect from the proposed guidelines published by the Commission on 
October 1, 1993 (58 Fed. Reg. 51266).
      Sec. 609. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended to pay for any cost 
incurred for (1) opening or operating any United States diplomatic or 
consular post in the Socialist Republic of Vietnam that was not 
operating on July 11, 1995; (2) expanding any United States diplomatic 
or consular post in the Socialist Republic of Vietnam that was operating 
on July 11, 1995; or (3) increasing the total number of personnel 
assigned to United States diplomatic or consular posts in the Socialist 
Republic of Vietnam above the levels existing on July 11, 1995, unless 
the President certifies within 60 days, based upon all information 
available to the United States Government that the Government of the 
Socialist Republic of Vietnam is cooperating in full faith with the 
United States in the following four areas:
            (1) Resolving discrepancy cases, live sightings and field 
        activities,
            (2) Recovering and repatriating American remains,
            (3) Accelerating efforts to provide documents that will help 
        lead to fullest possible accounting of POW/MIA's.
            (4) Providing further assistance in implementing trilateral 
        investigations with Laos.
      Sec. 610. None of the funds made available by this Act may be used 
for any United Nations undertaking when it is made known to the Federal 
official having authority to obligate or expend such funds (1) that the 
United Nations undertaking is a peacekeeping mission, (2) that such 
undertaking will involve United States Armed Forces under the command or 
operational control of a foreign national, and (3) that the President's 
military advisors have not submitted to the President a recommendation 
that such involvement is in the national security interests of the 
United States and the

[[Page 110 STAT. 3009-66]]

President has not submitted to the Congress such a recommendation.
      Sec. 611. None of the funds made available in this Act shall be 
used to provide the following amenities or personal comforts in the 
Federal prison system--
            (1) in-cell television viewing except for prisoners who are 
        segregated from the general prison population for their own 
        safety;
            (2) the viewing of R, X, and NC-17 rated movies, through 
        whatever medium presented;
            (3) any instruction (live or through broadcasts) or training 
        equipment for boxing, wrestling, judo, karate, or other martial 
        art, or any bodybuilding or weightlifting equipment of any sort;
            (4) possession of in-cell coffee pots, hot plates, or 
        heating elements; or
            (5) the use or possession of any electric or electronic 
        musical instrument.
      Sec. 612. None of the funds made available in title II for the 
National Oceanic and Atmospheric Administration (NOAA) under the heading 
``Fleet Modernization, Shipbuilding and Conversion'' may be used to 
implement sections 603, 604, and 605 of Public Law 102-567: Provided, 
That NOAA may develop a modernization plan for its fisheries research 
vessels that takes fully into account opportunities for contracting for 
fisheries surveys.
      Sec. 613. Any costs incurred by a Department or agency funded 
under this Act resulting from personnel actions taken in response to 
funding reductions included in this Act shall be absorbed within the 
total budgetary resources available to such Department or agency: 
Provided, That the authority to transfer funds between appropriations 
accounts as may be necessary to carry out this section is provided in 
addition to authorities included elsewhere in this Act: Provided 
further, That use of funds to carry out this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
      Sec. 614. None of the funds made available in this Act to the 
Federal Bureau of Prisons may be used to distribute or make available 
any commercially published information or material to a prisoner when it 
is made known to the Federal official having authority to obligate or 
expend such funds that such information or material is sexually explicit 
or features nudity.
      Sec. 615. Of the funds appropriated in this Act under the heading 
``OFFICE OF JUSTICE PROGRAMS--state and local law enforcement 
assistance'' and ``Community Oriented Policing Services Program'', not 
more than ninety percent of the amount to be awarded to an entity under 
the Local Law Enforcement Block Grant and part Q of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 shall be made 
available to such an entity when it is made known to the Federal 
official having authority to obligate or expend such funds that the 
entity that employs a public safety officer (as such term is defined in 
section 1204 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968) does not provide such a public safety officer who retires 
or is separated from service due to injury suffered as the direct and 
proximate result of a personal injury sustained in the

[[Page 110 STAT. 3009-67]]

line of duty while responding to an emergency situation or a hot pursuit 
(as such terms are defined by State law) with the same or better level 
of health insurance benefits that are paid by the entity at the time of 
retirement or separation.

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

      Section 287 of title 35, United States Code, is amended by adding 
at the end the following new subsection:
      (c)(1) With respect to a medical practitioner's performance of a 
medical activity that constitutes an infringement under section 271 (a) 
or (b) of this title, the provisions of sections 281, 283, 284, and 285 
of this title shall not apply against the medical practitioner or 
against a related health care entity with respect to such medical 
activity.
      (2) For the purposes of this subsection:
            (A) the term ``medical activity'' means the performance of a 
        medical or surgical procedure on a body, but shall not include 
        (i) the use of a patented machine, manufacture, or composition 
        of matter in violation of such patent, (ii) the practice of a 
        patented use of a composition of matter in violation of such 
        patent, or (iii) the practice of a process in violation of a 
        biotechnology patent.
            (B) the term ``medical practitioner'' means any natural 
        person who is licensed by a State to provide the medical 
        activity described in subsection (c)(1) or who is acting under 
        the direction of such person in the performance of the medical 
        activity.
            (C) the term ``related health care entity'' shall mean an 
        entity with which a medical practitioner has a professional 
        affiliation under which the medical practitioner performs the 
        medical activity, including but not limited to a nursing home, 
        hospital, university, medical school, health maintenance 
        organization, group medical practice, or a medical clinic.
            (D) the term ``professional affiliation'' shall mean staff 
        privileges, medical staff membership, employment or contractual 
        relationship, partnership or ownership interest, academic 
        appointment, or other affiliation under which a medical 
        practitioner provides the medical activity on behalf of, or in 
        association with, the health care entity.
            (E) the term ``body'' shall mean a human body, organ or 
        cadaver, or a nonhuman animal used in medical research or 
        instruction directly relating to the treatment of humans.
            (F) the term ``patented use of a composition of matter'' 
        does not include a claim for a method of performing a medical or 
        surgical procedure on a body that recites the use of a 
        composition of matter where the use of that composition of 
        matter does not directly contribute to achievement of the 
        objective of the claimed method.
            (G) the term ``State'' shall mean any state or territory of 
        the United States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.
      (3) This subsection does not apply to the activities of any 
person, or employee or agent of such person (regardless of whether such 
person is a tax exempt organization under section 501(c) of the Internal 
Revenue Code), who is engaged in the commercial development, 
manufacture, sale, importation, or distribution of a

[[Page 110 STAT. 3009-68]]

machine, manufacture, or composition of matter or the provision of 
pharmacy or clinical laboratory services (other than clinical laboratory 
services provided in a physician's office), where such activities are:
            (A) directly related to the commercial development, 
        manufacture, sale, importation, or distribution of a machine, 
        manufacture, or composition of matter or the provision of 
        pharmacy or clinical laboratory services (other than clinical 
        laboratory services provided in a physician's office), and
            (B) regulated under the Federal Food, Drug, and Cosmetic 
        Act, the Public Health Service Act, or the Clinical Laboratories 
        Improvement Act.
      (4) This subsection shall not apply to any patent issued before 
the date of enactment of this subsection.
      Sec. 617. Effective with the enactment of this Act and in any 
fiscal year hereafter, section 8 of Public Law 96-132 is hereby 
repealed.
      Sec. <<NOTE: 46 USC app. 1273 note.>> 618. (a) In General.--The 
Secretary may issue a guarantee or a commitment to guarantee obligations 
under title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et 
seq.), upon such terms as the Secretary may prescribe, to assist in the 
reactivation and modernization of any shipyard in the United States that 
is closed on the date of the enactment of this Act, if the Secretary 
finds that--
            (1) the closed shipyard historically built military vessels 
        and responsible entities now seek to reopen it as an 
        internationally competitive commercial shipyard;
            (2)(A) the closed shipyard has been designated by the 
        President as a public-private partnership project; or
            (B) has a reuse plan approved by the Navy in which 
        commercial shipbuilding and repair are primary activities and 
        has a revolving economic conversion fund approved by the 
        Department of Defense; and
            (3) the State in which the shipyard is located, and each 
        other involved State, or a State-chartered agency, is making a 
        significant financial investment in the overall cost of 
        reactivation and modernization as its contribution to the 
        reactivation and modernization project, in addition to the funds 
        required by subsection (d)(2) of this section.
      (b) Waivers.--Notwithstanding any other provision of title XI of 
the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), the 
Secretary shall not apply the requirements of section 1104A(d) of that 
Act when issuing a guarantee or a commitment to guarantee an obligation 
under this section.
      (c) Conditions.--The Secretary shall impose such conditions on the 
issuance of a guarantee or a commitment to guarantee under this section 
as are necessary to protect the interests of the United States from the 
risk of a default. The Secretary shall consider the interdependency of 
such shipyard modernization and reactivation projects and related vessel 
loan guarantee requests pending under title XI of the Merchant Marine 
Act, 1936 (46 App. U.S.C. 1271 et seq.) before issuing a guarantee or a 
commitment to guarantee under this section.
      (d) Funding Provisions.--
            (1) The Secretary may not guarantee or commit to guarantee 
        obligations under this section that exceed $50,000,000 in the 
        aggregate.

[[Page 110 STAT. 3009-69]]

            (2) The amount of appropriated funds required by the Federal 
        Credit Reform Act of 1990 (2 U.S.C. 661a et seq.) in advance of 
        the Secretary's issuance of a guarantee or a commitment to 
        guarantee under this section shall be provided by the State in 
        which the shipyard is located, and other involved States, or by 
        a State-chartered agency, and deposited by the Secretary in the 
        financing account established under the Federal Credit Reform 
        Act of 1990 (2 U.S.C. 661a et seq.) for loan guarantees issued 
        by the Secretary under title XI of the Merchant Marine Act of 
        1936 (46 App. U.S.C. 1271 et seq.). No federally appropriated 
        funds shall be available for this purpose. The funds deposited 
        into that financing account shall be held and applied by the 
        Secretary in accordance with the provisions of the Federal 
        Credit Reform Act of 1990 (2 U.S.C. 661a et seq.), except that, 
        unless the Secretary shall have earlier paid an obligee or been 
        required to pay an obligee pursuant to the terms of a loan 
        guarantee, the funds deposited in that financing account shall 
        be returned, upon the expiration of the Secretary's loan 
        guarantee, to the State, States, or State-chartered agency which 
        originally provided the funds to the Secretary.
            (3) Notwithstanding the provisions of any other law or 
        regulation, the cost (as that term is defined by the Federal 
        Credit Reform Act of 1990 (2 U.S.C. 661a et seq.)) of a 
        guarantee or commitment to guarantee issued under this section--
                    (A) may only be determined with reference to the 
                merits of the specific closed shipyard reactivation 
                project which is the subject of that guarantee or 
                commitment to guarantee, without reference to any other 
                project, type of project, or averaged risk; and
                    (B) may not be used in determining the cost of any 
                other project, type of project, or averaged risk 
                applicable to guarantees or commitments to guarantee 
                issued under title XI of the Merchant Marine Act, 1936 
                (46 App. U.S.C. 1271 et seq.).
      (e) Sunset.--No commitment to guarantee obligations under this 
section shall be issued by the Secretary after one year after the date 
of enactment of this section.
      (f) Definition.--As used in this section, the term ``Secretary'' 
means the Secretary of Transportation.

                         TITLE VII--RESCISSIONS

                          DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund

                              (rescission)

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

[[Page 110 STAT. 3009-70]]

                 Immigration and Naturalization Service

                       immigration emergency fund

                              (rescission)

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

        TITLE VIII--FISCAL YEAR 1996 SUPPLEMENTAL AND RESCISSION

                          DEPARTMENT OF JUSTICE

                          Federal Prison System

                          salaries and expenses

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

                              (rescission)

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

                  TITLE IX--SUPPLEMENTAL APPROPRIATIONS

                         DEPARTMENT OF COMMERCE

                   Economic Development Administration

                economic development assistance programs

      For an additional amount for ``Economic Development Assistance 
Programs'' for emergency infrastructure expenses resulting from 
Hurricane Fran and Hurricane Hortense and other natural disasters, 
$25,000,000, to remain available until expended: Provided, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

                             RELATED AGENCY

                      Small Business Administration

                     disaster loans program account

      For an additional amount for ``Disaster Loans Program Account'' 
for emergency expenses resulting from Hurricanes Fran and Hortense and 
other disasters, $113,000,000 for the cost of direct loans, to remain 
available until expended: Provided, That such costs, including the cost 
of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974; and for

[[Page 110 STAT. 3009-71]]

administrative expenses to carry out the disaster loan program, 
$22,000,000, to remain available until expended, which may be 
transferred to and merged with ``Salaries and Expenses'': Provided 
further, That both amounts are hereby designated by Congress as 
emergency requirements pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
      This Act may be cited as the ``Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 
1997''.
      (b) For programs, projects or activities in the Department of 
Defense Appropriations Act, 1997, provided as follows, to be effective 
as if it had been enacted into law as the regular appropriations Act:

                                 AN ACT

Making appropriations for the Department of Defense for the fiscal year 
            ending September 30, 1997, and for other purposes

 TITLE <<NOTE: Department of Defense Appropriations Act, 1997.3Post, p. 
3009-119.>>  I

                           MILITARY PERSONNEL

                        Military Personnel, Army

      For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; and for payments pursuant 
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to 
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the 
Department of Defense Military Retirement Fund; $20,633,998,000.

                        Military Personnel, Navy

      For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; and for payments pursuant 
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to 
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the 
Department of Defense Military Retirement Fund; $16,986,976,000.

                    Military Personnel, Marine Corps

      For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42

[[Page 110 STAT. 3009-72]]

U.S.C. 402 note), to section 229(b) of the Social Security Act (42 
U.S.C. 429(b)), and to the Department of Defense Military Retirement 
Fund; $6,111,728,000.

                      Military Personnel, Air Force

      For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), 
and to the Department of Defense Military Retirement Fund; 
$17,069,490,000.

                         Reserve Personnel, Army

      For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army Reserve on active duty 
under sections 10211, 10302, and 3038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or other 
duty, and for members of the Reserve Officers' Training Corps, and 
expenses authorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military Retirement Fund; 
$2,073,479,000.

                         Reserve Personnel, Navy

      For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Navy Reserve on active duty 
under section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and for members of the Reserve 
Officers' Training Corps, and expenses authorized by section 16131 of 
title 10, United States Code; and for payments to the Department of 
Defense Military Retirement Fund; $1,405,606,000.

                     Reserve Personnel, Marine Corps

      For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United States 
Code, in connection with performing duty specified in section 12310(a) 
of title 10, United States Code, or while undergoing reserve training, 
or while performing drills or equivalent duty, and for members of the 
Marine Corps platoon leaders class, and expenses authorized by section 
16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund; $388,643,000.

[[Page 110 STAT. 3009-73]]

                      Reserve Personnel, Air Force

      For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air Force Reserve on active 
duty under sections 10211, 10305, and 8038 of title 10, United States 
Code, or while serving on active duty under section 12301(d) of title 
10, United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or other 
duty, and for members of the Air Reserve Officers' Training Corps, and 
expenses authorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military Retirement Fund; 
$783,697,000.

                     National Guard Personnel, Army

      For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army National Guard while on 
duty under section 10211, 10302, or 12402 of title 10 or section 708 of 
title 32, United States Code, or while serving on duty under section 
12301(d) of title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 12310(a) of 
title 10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund; 
$3,266,393,000.

                   National Guard Personnel, Air Force

      For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air National Guard on duty 
under section 10211, 10305, or 12402 of title 10 or section 708 of title 
32, United States Code, or while serving on duty under section 12301(d) 
of title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund; 
$1,296,490,000.

                                TITLE II

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

                      (including transfer of funds)

      For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; and not to 
exceed $11,437,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Army, and payments may be made on his certificate of necessity 
for confidential military purposes; $17,519,340,000 and, in addition, 
$50,000,000 shall be derived by

[[Page 110 STAT. 3009-74]]

transfer from the National Defense Stockpile Transaction Fund: Provided, 
That <<NOTE: 43 USC 1471g.>>  during the current fiscal year and 
hereafter, funds appropriated under this paragraph may be made available 
to the Department of the Interior to support the Memorial Day and Fourth 
of July ceremonies and activities in the National Capital Region: 
Provided further, That of the funds appropriated in this paragraph, not 
less than $300,000,000 shall be made available only for conventional 
ammunition care and maintenance.

                     Operation and Maintenance, Navy

                      (including transfer of funds)

      For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $3,995,000, can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes; 
$20,061,961,000 and, in addition, $50,000,000 shall be derived by 
transfer from the National Defense Stockpile Transaction Fund.

                 Operation and Maintenance, Marine Corps

      For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law; 
$2,254,119,000.

                  Operation and Maintenance, Air Force

                      (including transfer of funds)

      For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $8,362,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes; $17,263,193,000 and, in 
addition, $50,000,000 shall be derived by transfer from the National 
Defense Stockpile Transaction Fund.

                 Operation and Maintenance, Defense-Wide

                      (including transfer of funds)

      For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law; 
$10,044,200,000, of which not to exceed $25,000,000 may be available for 
the CINC initiative fund account; and of which not to exceed $28,500,000 
can be used for emergencies and extraordinary expenses, to be expended 
on the approval or authority of the Secretary of Defense, and payments 
may be made on his certificate of necessity for confidential military 
purposes: Provided, That of the funds appropriated under this heading, 
$20,000,000 shall be made available only for use in federally owned 
education facilities located on military installations for the purpose 
of transferring title of such facilities to the local education agency: 
Provided

[[Page 110 STAT. 3009-75]]

further, That of the funds appropriated under this heading, $1,000,000 
is available, by grant or other transfer, to the Harnett County School 
Board, Lillington, North Carolina, for use by the school board for the 
education of dependents of members of the Armed Forces and employees of 
the Department of Defense located at Fort Bragg and Pope Air Force Base, 
North Carolina.

                 Operation and Maintenance, Army Reserve

      For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications; $1,119,436,000.

                 Operation and Maintenance, Navy Reserve

      For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications; $886,027,000.

             Operation and Maintenance, Marine Corps Reserve

      For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $109,667,000.

              Operation and Maintenance, Air Force Reserve

      For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $1,496,553,000.

             Operation and Maintenance, Army National Guard

      For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized by 
law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft); $2,254,477,000.

[[Page 110 STAT. 3009-76]]

              Operation and Maintenance, Air National Guard

      For operation and maintenance of the Air National Guard, including 
medical and hospital treatment and related expenses in non-Federal 
hospitals; maintenance, operation, repair, and other necessary expenses 
of facilities for the training and administration of the Air National 
Guard, including repair of facilities, maintenance, operation, and 
modification of aircraft; transportation of things, hire of passenger 
motor vehicles; supplies, materials, and equipment, as authorized by law 
for the Air National Guard; and expenses incident to the maintenance and 
use of supplies, materials, and equipment, including such as may be 
furnished from stocks under the control of agencies of the Department of 
Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau; $2,716,379,000.

              Overseas Contingency Operations Transfer Fund

                      (including transfer of funds)

      For expenses directly relating to Overseas Contingency Operations 
by United States military forces; $1,140,157,000: Provided, That the 
Secretary of Defense may transfer these funds only to operation and 
maintenance accounts within this title: Provided further, That the funds 
transferred shall be merged with and shall be available for the same 
purposes and for the same time period, as the appropriation to which 
transferred: Provided further, That the transfer authority provided in 
this paragraph is in addition to any other transfer authority contained 
elsewhere in this Act.

           United States Court of Appeals for the Armed Forces

      For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces; $6,797,000, of which not to exceed $2,500 
can be used for official representation purposes.

                     Environmental Restoration, Army

                      (including transfer of funds)

      For the Department of the Army, $339,109,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That not more than twenty-five percent 
of funds provided under this heading may be obligated for environmental

[[Page 110 STAT. 3009-77]]

remediation by the Corps of Engineers under total environmental 
remediation contracts.

                     Environmental Restoration, Navy

                      (including transfer of funds)

      For the Department of the Navy, $287,788,000, to remain available 
until transferred: Provided, That the Secretary of the Navy shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Navy, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

                  Environmental Restoration, Air Force

                      (including transfer of funds)

      For the Department of the Air Force, $394,010,000, to remain 
available until transferred: Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation.

                 Environmental Restoration, Defense-Wide

                      (including transfer of funds)

      For the Department of the Defense, $36,722,000, to remain 
available until transferred: Provided, That the Secretary of Defense 
shall, upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous waste, removal of 
unsafe buildings and debris of the Department of Defense, or for similar 
purposes, transfer the funds made available by this appropriation to 
other appropriations made available to the Department of Defense, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

[[Page 110 STAT. 3009-78]]

         Environmental Restoration, Formerly Used Defense Sites

                      (including transfer of funds)

      For the Department of the Army, $256,387,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of Defense, transfer 
the funds made available by this appropriation to other appropriations 
made available to the Department of the Army, to be merged with and to 
be available for the same purposes and for the same time period as the 
appropriations to which transferred: Provided further, That upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation.

             Overseas Humanitarian, Disaster, and Civic Aid

      For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 2547, and 2551 of title 
10, United States Code); $49,000,000, to remain available until 
September 30, 1998.

                  Former Soviet Union Threat Reduction

      For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for facilitating 
the elimination and the safe and secure transportation and storage of 
nuclear, chemical and other weapons; for establishing programs to 
prevent the proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the training 
and support of defense and military personnel for demilitarization and 
protection of weapons, weapons components and weapons technology and 
expertise; $327,900,000, to remain available until expended.

                  Quality of Life Enhancements, Defense

      For expenses, not otherwise provided for, resulting from unfunded 
shortfalls in the repair and maintenance of real property of the 
Department of Defense (including military housing and barracks); 
$600,000,000, for the maintenance of real property of the Department of 
Defense (including minor construction and major maintenance and repair), 
which shall remain available for obligation until September 30, 1998, as 
follows:
            Army, $149,000,000;
            Navy, $108,000,000;
            Marine Corps, $45,000,000;
            Air Force, $108,000,000;
            Army Reserve, $18,000,000;
            Navy Reserve, $18,000,000;
            Marine Corps Reserve, $9,000,000;
            Air Force Reserve, $15,000,000;
            Army National Guard, $86,000,000; and
            Air National Guard, $44,000,000.

[[Page 110 STAT. 3009-79]]

                                TITLE III

                               PROCUREMENT

                       Aircraft Procurement, Army

      For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes; $1,348,434,000, to remain available for obligation until 
September 30, 1999.

                        Missile Procurement, Army

      For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes; $1,041,867,000, to remain available for obligation until 
September 30, 1999.

        Procurement of Weapons and Tracked Combat Vehicles, Army

      For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes; $1,470,286,000, to 
remain available for obligation until September 30, 1999: Provided, That 
of the funds appropriated in this paragraph and notwithstanding the 
provisions of title 31, United States Code, Section 1502(a), not to 
exceed $33,100,000 may be obligated for future year V903 diesel engine 
requirements to maintain the industrial base.

                     Procurement of Ammunition, Army

      For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and

[[Page 110 STAT. 3009-80]]

training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854, title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for the 
foregoing purposes; $1,127,149,000, to remain available for obligation 
until September 30, 1999.

                         Other Procurement, Army

      For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of not to exceed 14 passenger motor vehicles for 
replacement only; communications and electronic equipment; other support 
equipment; spare parts, ordnance, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes; $3,172,485,000, to remain available for obligation until 
September 30, 1999: Provided, That of the funds appropriated in this 
paragraph and notwithstanding the provisions of title 31, United States 
Code, Section 1502(a), not to exceed $2,400,000 may be obligated for 
future year V903 diesel engine requirements to maintain the industrial 
base.

                       Aircraft Procurement, Navy

      For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public and 
private plants, including the land necessary therefor, and such lands 
and interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
$7,027,010,000, to remain available for obligation until September 30, 
1999.

                        Weapons Procurement, Navy

      For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related support 
equipment including spare parts, and accessories therefor; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway;

[[Page 110 STAT. 3009-81]]

$1,389,913,000, to remain available for obligation until September 30, 
1999: Provided, That in addition to the foregoing purposes, the funds 
appropriated above under this heading shall be available to liquidate 
reported deficiencies in appropriations provided under this heading in 
prior Department of Defense appropriations acts, to the extent such 
deficiencies cannot otherwise be liquidated pursuant to 31 U.S.C. 
1553(b).

            Procurement of Ammunition, Navy and Marine Corps

      For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities authorized by section 2854, title 10, United States Code, and 
the land necessary therefor, for the foregoing purposes, and such lands 
and interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes; $289,695,000, to 
remain available for obligation until September 30, 1999.

                    Shipbuilding and Conversion, Navy

      For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and armament 
thereof, plant equipment, appliances, and machine tools and installation 
thereof in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; procurement of critical, long 
leadtime components and designs for vessels to be constructed or 
converted in the future; and expansion of public and private plants, 
including land necessary therefor, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior to approval 
of title, as follows:
            For continuation of the SSN-21 attack submarine program, 
        $649,071,000;
            NSSN-1 (AP), $296,186,000;
            NSSN-2 (AP), $501,000,000;
            CVN Refuelings, $237,029,000;
            DDG-51 destroyer program, $3,609,072,000;
            Oceanographic ship program, $54,400,000;
            Oceanographic ship SWATH, $45,000,000;
            LCAC landing craft air cushion program (AP-CY), $3,000,000; 
        and
            For craft, outfitting, post delivery, conversions, and first 
        destination transportation, $218,907,000;

In all: $5,613,665,000, to remain available for obligation until 
September 30, 2001: Provided, That additional obligations may be 
incurred after September 30, 2001, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That none of the 
funds herein provided for the construction or conversion of any naval 
vessel to be constructed in shipyards in the United States shall be 
expended in foreign facilities for the construction of major components 
of such vessel: Provided further, That none of the funds herein provided 
shall be used for the construction of any naval vessel in foreign 
shipyards.

[[Page 110 STAT. 3009-82]]

                         Other Procurement, Navy

      For procurement, production, and modernization of support 
equipment and materials not otherwise provided for, Navy ordnance 
(except ordnance for new aircraft, new ships, and ships authorized for 
conversion); expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and Government 
and contractor-owned equipment layaway; $3,067,944,000, to remain 
available for obligation until September 30, 1999.

                        Procurement, Marine Corps

      For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, and 
accessories therefor; plant equipment, appliances, and machine tools, 
and installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; vehicles for the 
Marine Corps, including the purchase of not to exceed 88 passenger motor 
vehicles for replacement only; and expansion of public and private 
plants, including land necessary therefor, and such lands and interests 
therein, may be acquired and construction prosecuted thereon prior to 
approval of title; $569,073,000, to remain available for obligation 
until September 30, 1999.

                     Aircraft Procurement, Air Force

      For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things; $6,404,980,000, to remain available for 
obligation until September 30, 1999.

                     Missile Procurement, Air Force

      For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts and 
accessories therefor, ground handling equipment, and training devices; 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing 
purposes including rents and transportation of things; $2,297,145,000, 
to remain available for obligation until September 30, 1999.

[[Page 110 STAT. 3009-83]]

                  Procurement of Ammunition, Air Force

      For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities authorized by section 2854, title 10, United States Code, and 
the land necessary therefor, for the foregoing purposes, and such lands 
and interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes; $293,153,000, to 
remain available for obligation until September 30, 1999.

                      Other Procurement, Air Force

      For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of not to exceed 506 
passenger motor vehicles for replacement only; the purchase of 1 vehicle 
required for physical security of personnel, notwithstanding price 
limitations applicable to passenger vehicles but not to exceed $287,000 
per vehicle; and expansion of public and private plants, Government-
owned equipment and installation thereof in such plants, erection of 
structures, and acquisition of land, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon, prior to approval of title; reserve plant and 
Government and contractor-owned equipment layaway; $5,944,680,000, to 
remain available for obligation until September 30, 1999.

                        Procurement, Defense-Wide

      For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for procurement, 
production, and modification of equipment, supplies, materials, and 
spare parts therefor, not otherwise provided for; the purchase of not to 
exceed 389 passenger motor vehicles for replacement only; expansion of 
public and private plants, equipment, and installation thereof in such 
plants, erection of structures, and acquisition of land for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway; $1,978,005,000, to remain available for obligation until 
September 30, 1999.

                  National Guard and Reserve Equipment

      For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces; $780,000,000, to remain available for 
obligation until September 30, 1999: Provided, That the Chiefs of the 
Reserve and National Guard components shall, not later than 30 days 
after the enactment of this Act, individually submit to the 
congressional defense committees the modernization priority

[[Page 110 STAT. 3009-84]]

assessment for their respective Reserve or National Guard component.

          TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

      For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment; $5,062,763,000, to 
remain available for obligation until September 30, 1998.

            Research, Development, Test and Evaluation, Navy

      For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment; $8,208,946,000, to 
remain available for obligation until September 30, 1998: Provided, That 
funds appropriated in this paragraph which are available for the V-22 
may be used to meet unique requirements of the Special Operations 
Forces.

          Research, Development, Test and Evaluation, Air Force

      For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment; $14,499,606,000, to 
remain available for obligation until September 30, 1998: Provided, That 
not less than $1,000,000 of the funds appropriated in this paragraph 
shall be made available only to assess the budgetary, cost, technical, 
operational, training, and safety issues associated with a decision to 
eliminate development of the F-22B two-seat training variant of the F-22 
advanced tactical fighter: Provided further, That the assessment 
required by the preceding proviso shall be submitted, in classified and 
unclassified versions, by the Secretary of the Air Force to the 
congressional defense committees not later than February 15, 1997: 
Provided further, That of the funds made available in this paragraph, 
$10,000,000 shall be only for development of reusable launch vehicle 
technologies.

        Research, Development, Test and Evaluation, Defense-Wide

      For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic and 
applied scientific research, development, test and evaluation; advanced 
research projects as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment; $9,362,800,000, to remain 
available for obligation until September 30, 1998: Provided, That not 
less than $304,171,000 of the funds appropriated in this paragraph shall 
be made available only for the Sea-Based Wide Area Defense (Navy Upper-
Tier) program.

[[Page 110 STAT. 3009-85]]

               Developmental Test and Evaluation, Defense

      For expenses, not otherwise provided for, of independent 
activities of the Director, Test and Evaluation in the direction and 
supervision of developmental test and evaluation, including performance 
and joint developmental testing and evaluation; and administrative 
expenses in connection therewith; $282,038,000, to remain available for 
obligation until September 30, 1998.

                Operational Test and Evaluation, Defense

      For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evaluation 
in the direction and supervision of operational test and evaluation, 
including initial operational test and evaluation which is conducted 
prior to, and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in connection 
therewith; $24,968,000, to remain available for obligation until 
September 30, 1998.

                 TITLE V--REVOLVING AND MANAGEMENT FUNDS

                    Defense Business Operations Fund

      For the Defense Business Operations Fund; $947,900,000.

                      National Defense Sealift Fund

      For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744); $1,428,002,000, to remain available until expended: 
Provided, That none of the funds provided in this paragraph shall be 
used to award a new contract that provides for the acquisition of any of 
the following major components unless such components are manufactured 
in the United States: auxiliary equipment, including pumps, for all 
ship-board services; propulsion system components (that is; engines, 
reduction gears, and propellers); shipboard cranes; and spreaders for 
shipboard cranes: Provided further, That the exercise of an option in a 
contract awarded through the obligation of previously appropriated funds 
shall not be considered to be the award of a new contract: Provided 
further, That the Secretary of the military department responsible for 
such procurement may waive these restrictions on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes.

             TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

      For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense, as authorized by law; 
$10,207,308,000, of which $9,937,838,000 shall be for Operation

[[Page 110 STAT. 3009-86]]

and maintenance, of which not to exceed three percent shall remain 
available until September 30, 1998; and of which $269,470,000, to remain 
available for obligation until September 30, 1999, shall be for 
Procurement: Provided, That of the funds appropriated under this 
heading, $14,500,000 shall be made available for obtaining emergency 
communications services for members of the Armed Forces and their 
families from the American National Red Cross: Provided further, That 
notwithstanding any other provision of law, of the funds provided under 
this heading, the Secretary of Defense is directed to use and obligate, 
within thirty days of enactment of this Act, not less than $3,400,000 
only to permit private sector or non-Federal physicians who have used 
and will use the antibacterial treatment method based upon the excretion 
of dead and decaying spherical bacteria to work in conjunction with the 
Walter Reed Army Medical Center on a treatment protocol and related 
studies for Desert Storm Syndrome affected veterans.

           Chemical Agents and Munitions Destruction, Defense

      For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents and 
munitions in accordance with the provisions of section 1412 of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for 
the destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, $758,447,000, of which $478,947,000 shall be 
for Operation and maintenance, $191,200,000 shall be for Procurement to 
remain available until September 30, 1999, and $88,300,000 shall be for 
Research, development, test and evaluation to remain available until 
September 30, 1998: Provided, That of the funds made available under 
this heading, $1,000,000 shall be available until expended only for a 
Johnston Atoll off-island leave program: Provided further, That 
notwithstanding any other provision of law, the Secretaries concerned 
may, pursuant to uniform regulations prescribe travel and transportation 
allowances for travel by participants in the off-island leave program.

         Drug Interdiction and Counter-Drug Activities, Defense

                      (including transfer of funds)

      For drug interdiction and counter-drug activities of the 
Department of Defense, for transfer to appropriations available to the 
Department of Defense for military personnel of the reserve components 
serving under the provisions of title 10 and title 32, United States 
Code; for Operation and maintenance; for Procurement; and for Research, 
development, test and evaluation; $807,800,000: Provided, That the funds 
appropriated by this paragraph shall be available for obligation for the 
same time period and for the same purpose as the appropriation to which 
transferred: Provided further, That the transfer authority provided in 
this paragraph is in addition to any transfer authority contained 
elsewhere in this Act.

                     Office of the Inspector General

      For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended; $139,157,000, of which $137,157,000 shall

[[Page 110 STAT. 3009-87]]

be for Operation and maintenance, of which not to exceed $500,000 is 
available for emergencies and extraordinary expenses to be expended on 
the approval or authority of the Inspector General, and payments may be 
made on his certificate of necessity for confidential military purposes; 
and of which $2,000,000, to remain available until September 30, 1999, 
shall be for Procurement.

                       TITLE VII--RELATED AGENCIES

    Central Intelligence Agency Retirement and Disability System Fund

      For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain proper funding level for continuing 
the operation of the Central Intelligence Agency Retirement and 
Disability System; $196,400,000.

                Intelligence Community Management Account

      For necessary expenses of the Intelligence Community Management 
Account; $129,164,000: Provided, That of the funds appropriated under 
this heading, $27,000,000 shall be transferred to the Department of 
Justice for the National Drug Intelligence Center to support the 
Department of Defense's counterdrug monitoring and detection 
responsibilities.

Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental 
                            Restoration Fund

      For payment to Kaho'olawe Island Conveyance, Remediation, and 
Environmental Restoration Fund, as authorized by law; $10,000,000, to 
remain available until expended.

                 National Security Education Trust Fund

      For the purposes of title VIII of Public Law 102-183, $5,100,000, 
to be derived from the National Security Education Trust Fund, to remain 
available until expended.

                     TITLE VIII--GENERAL PROVISIONS

      Sec. 8001. No part of any appropriation contained in this Act 
shall be used for publicity or propaganda purposes not authorized by the 
Congress.
      Sec. <<NOTE: 10 USC 1584 note.>>  8002. During the current fiscal 
year, provisions of law prohibiting the payment of compensation to, or 
employment of, any person not a citizen of the United States shall not 
apply to personnel of the Department of Defense: Provided, That salary 
increases granted to direct and indirect hire foreign national employees 
of the Department of Defense funded by this Act shall not be at a rate 
in excess of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is computed under the 
provisions of section 5332 of title 5, United States Code, or at a rate 
in excess of the percentage increase provided by the appropriate host 
nation to its own employees, whichever is higher: Provided further, That 
this section shall not apply to Department of Defense foreign service 
national employees serving at United States diplomatic missions whose 
pay is set

[[Page 110 STAT. 3009-88]]

by the Department of State under the Foreign Service Act of 1980: 
Provided further, That the limitations of this provision shall not apply 
to foreign national employees of the Department of Defense in the 
Republic of Turkey.
      Sec. 8003. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year, 
unless expressly so provided herein.
      Sec. 8004. No more than 20 per centum of the appropriations in 
this Act which are limited for obligation during the current fiscal year 
shall be obligated during the last two months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training of 
the Reserve Officers' Training Corps.

                           (transfer of funds)

      Sec. 8005. Upon determination by the Secretary of Defense that 
such action is necessary in the national interest, he may, with the 
approval of the Office of Management and Budget, transfer not to exceed 
$2,000,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be merged with 
and to be available for the same purposes, and for the same time period, 
as the appropriation or fund to which transferred: Provided, That such 
authority to transfer may not be used unless for higher priority items, 
based on unforeseen military requirements, than those for which 
originally appropriated and in no case where the item for which funds 
are requested has been denied by Congress: Provided further, That the 
Secretary of Defense shall notify the Congress promptly of all transfers 
made pursuant to this authority or any other authority in this Act: 
Provided further, That no part of the funds in this Act shall be 
available to prepare or present a request to the Committees on 
Appropriations for reprogramming of funds, unless for higher priority 
items, based on unforeseen military requirements, than those for which 
originally appropriated and in no case where the item for which 
reprogramming is requested has been denied by the Congress.

                           (transfer of funds)

      Sec. 8006. During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established pursuant 
to section 2208 of title 10, United States Code, may be maintained in 
only such amounts as are necessary at any time for cash disbursements to 
be made from such funds: Provided, That transfers may be made between 
such funds and the ``Foreign Currency Fluctuations, Defense'' and 
``Operation and Maintenance'' appropriation accounts in such amounts as 
may be determined by the Secretary of Defense, with the approval of the 
Office of Management and Budget, except that such transfers may not be 
made unless the Secretary of Defense has notified the Congress of the 
proposed transfer. Except in amounts equal to the amounts appropriated 
to working capital funds in this Act, no obligations may be made against 
a working capital fund to procure or increase the value of war reserve 
material inventory, unless the Secretary of Defense has notified the 
Congress prior to any such obligation.

[[Page 110 STAT. 3009-89]]

      Sec. 8007. Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 calendar 
days in session in advance to the congressional defense committees.
      Sec. 8008. None of the funds contained in this Act available for 
the Civilian Health and Medical Program of the Uniformed Services shall 
be available for payments to physicians and other non-institutional 
health care providers in excess of the amounts allowed in fiscal year 
1996 for similar services, except that: (a) for services for which the 
Secretary of Defense determines an increase is justified by economic 
circumstances, the allowable amounts may be increased in accordance with 
appropriate economic index data similar to that used pursuant to title 
XVIII of the Social Security Act; and (b) for services the Secretary 
determines are overpriced based on allowable payments under title XVIII 
of the Social Security Act, the allowable amounts shall be reduced by 
not more than 15 percent (except that the reduction may be waived if the 
Secretary determines that it would impair adequate access to health care 
services for beneficiaries). The Secretary shall solicit public comment 
prior to promulgating regulations to implement this section. Such 
regulations shall include a limitation, similar to that used under title 
XVIII of the Social Security Act, on the extent to which a provider may 
bill a beneficiary an actual charge in excess of the allowable amount.
      Sec. 8009. None of the funds provided in this Act shall be 
available to initiate (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any one year of 
the contract or that includes an unfunded contingent liability in excess 
of $20,000,000, or (2) a contract for advance procurement leading to a 
multiyear contract that employs economic order quantity procurement in 
excess of $20,000,000 in any one year, unless the congressional defense 
committees have been notified at least thirty days in advance of the 
proposed contract award: Provided, That no part of any appropriation 
contained in this Act shall be available to initiate a multiyear 
contract for which the economic order quantity advance procurement is 
not funded at least to the limits of the Government's liability: 
Provided further, That no part of any appropriation contained in this 
Act shall be available to initiate multiyear procurement contracts for 
any systems or component thereof if the value of the multiyear contract 
would exceed $500,000,000 unless specifically provided in this Act: 
Provided further, That no multiyear procurement contract can be 
terminated without 10-day prior notification to the congressional 
defense committees: Provided further, That the execution of multiyear 
authority shall require the use of a present value analysis to determine 
lowest cost compared to an annual procurement: Provided further, That 
notwithstanding Section 8010 of Public Law 104-61, funds appropriated 
for the DDG-51 destroyer program in Public Law 104-61 may be used to 
initiate a multiyear contract for the Arleigh Burke class destroyer 
program.
      Funds appropriated in title III of this Act may be used for 
multiyear procurement contracts as follows:
            Javelin missiles;
            Army Tactical Missile System (ATACMS);
            MK19-3 grenade machine guns;
            M16A2 rifles;
            M249 Squad Automatic Weapons;

[[Page 110 STAT. 3009-90]]

            M4 carbine rifles;
            M240B machine guns; and
            Arleigh Burke (DDG-51) class destroyers.
      Sec. 8010. Within the funds appropriated <<NOTE: 10 USC 401 
note.>>  for the operation and maintenance of the Armed Forces, funds 
are hereby appropriated pursuant to section 401 of title 10, United 
States Code, for humanitarian and civic assistance costs under chapter 
20 of title 10, United States Code. Such funds may also be obligated for 
humanitarian and civic assistance costs incidental to authorized 
operations and pursuant to authority granted in section 401 of chapter 
20 of title 10, United States Code, and these obligations shall be 
reported to Congress on September 30 of each year: Provided, That funds 
available for operation and maintenance shall be available for providing 
humanitarian and similar assistance by using Civic Action Teams in the 
Trust Territories of the Pacific Islands and freely associated states of 
Micronesia, pursuant to the Compact of Free Association as authorized by 
Public Law 99-239: Provided further, That upon a determination by the 
Secretary of the Army that such action is beneficial for graduate 
medical education programs conducted at Army medical facilities located 
in Hawaii, the Secretary of the Army may authorize the provision of 
medical services at such facilities and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients from 
American Samoa, the Commonwealth of the Northern Mariana Islands, the 
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.
      Sec. 8011. (a) During fiscal year 1997, the civilian personnel of 
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
      (b) The fiscal year 1998 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 1998 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
1998.
      (c) Nothing in this section shall be construed to apply to 
military (civilian) technicians.
      Sec. 8012. Notwithstanding any other provision of law, none of the 
funds made available by this Act shall be used by the Department of 
Defense to exceed, outside the fifty United States, its territories, and 
the District of Columbia, 125,000 civilian workyears: Provided, That 
workyears shall be applied as defined in the Federal Personnel Manual: 
Provided further, That workyears expended in dependent student hiring 
programs for disadvantaged youths shall not be included in this workyear 
limitation.
      Sec. 8013. None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before the 
Congress.
      Sec. 8014. (a) None of the funds appropriated by this Act shall be 
used to make contributions to the Department of Defense Education 
Benefits Fund pursuant to section 2006(g) of title 10, United States 
Code, representing the normal cost for future benefits

[[Page 110 STAT. 3009-91]]

under section 3015(c) of title 38, United States Code, for any member of 
the armed services who, on or after the date of enactment of this Act--
            (1) enlists in the armed services for a period of active 
        duty of less than three years; or
            (2) receives an enlistment bonus under section 308a or 308f 
        of title 37, United States Code,

nor shall any amounts representing the normal cost of such future 
benefits be transferred from the Fund by the Secretary of the Treasury 
to the Secretary of Veterans Affairs pursuant to section 2006(d) of 
title 10, United States Code; nor shall the Secretary of Veterans 
Affairs pay such benefits to any such member: Provided, That in the case 
of a member covered by clause (1), these limitations shall not apply to 
members in combat arms skills or to members who enlist in the armed 
services on or after July 1, 1989, under a program continued or 
established by the Secretary of Defense in fiscal year 1991 to test the 
cost-effective use of special recruiting incentives involving not more 
than nineteen noncombat arms skills approved in advance by the Secretary 
of Defense: Provided further, That this subsection applies only to 
active components of the Army.
      (b) None of the funds appropriated by this Act shall be available 
for the basic pay and allowances of any member of the Army participating 
as a full-time student and receiving benefits paid by the Secretary of 
Veterans Affairs from the Department of Defense Education Benefits Fund 
when time spent as a full-time student is credited toward completion of 
a service commitment: Provided, That this subsection shall not apply to 
those members who have reenlisted with this option prior to October 1, 
1987: Provided further, That this subsection applies only to active 
components of the Army.
      Sec. 8015. None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of enactment of 
this Act, is performed by more than ten Department of Defense civilian 
employees until a most efficient and cost-effective organization 
analysis is completed on such activity or function and certification of 
the analysis is made to the Committees on Appropriations of the House of 
Representatives and the Senate: Provided, That this section shall not 
apply to a commercial or industrial type function of the Department of 
Defense that: (1) is included on the procurement list established 
pursuant to section 2 of the Act of June 25, 1938 (41 U.S.C. 47), 
popularly referred to as the Javits-Wagner-O'Day Act; (2) is planned to 
be converted to performance by a qualified nonprofit agency for the 
blind or by a qualified nonprofit agency for other severely handicapped 
individuals in accordance with that Act; or (3) is planned to be 
converted to performance by a qualified firm under 51 percent Native 
American ownership.

                           (transfer of funds)

      Sec. 8016. Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred to 
any other appropriation contained in this Act solely for the purpose of 
implementing a Mentor-Protege Program developmental assistance agreement 
pursuant to section 831 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public

[[Page 110 STAT. 3009-92]]

Law 101-510; 10 U.S.C. 2301 note), as amended, under the authority of 
this provision or any other transfer authority contained in this Act.
      Sec. 8017. None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and agencies) 
of welded shipboard anchor and mooring chain 4 inches in diameter and 
under unless the anchor and mooring chain are manufactured in the United 
States from components which are substantially manufactured in the 
United States: Provided, That for the purpose of this section 
manufactured will include cutting, heat treating, quality control, 
testing of chain and welding (including the forging and shot blasting 
process): Provided further, That for the purpose of this section 
substantially all of the components of anchor and mooring chain shall be 
considered to be produced or manufactured in the United States if the 
aggregate cost of the components produced or manufactured in the United 
States exceeds the aggregate cost of the components produced or 
manufactured outside the United States: Provided further, That when 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations 
that such an acquisition must be made in order to acquire capability for 
national security purposes.
      Sec. 8018. None of the funds appropriated by this Act available 
for the Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) shall be available for the reimbursement of any health care 
provider for inpatient mental health service for care received when a 
patient is referred to a provider of inpatient mental health care or 
residential treatment care by a medical or health care professional 
having an economic interest in the facility to which the patient is 
referred: Provided, That this limitation does not apply in the case of 
inpatient mental health services provided under the program for the 
handicapped under subsection (d) of section 1079 of title 10, United 
States Code, provided as partial hospital care, or provided pursuant to 
a waiver authorized by the Secretary of Defense because of medical or 
psychological circumstances of the patient that are confirmed by a 
health professional who is not a Federal employee after a review, 
pursuant to rules prescribed by the Secretary, which takes into account 
the appropriate level of care for the patient, the intensity of services 
required by the patient, and the availability of that care.
      Sec. 8019. Funds available in this Act may be used to provide 
transportation for the next-of-kin of individuals who have been 
prisoners of war or missing in action from the Vietnam era to an annual 
meeting in the United States, under such regulations as the Secretary of 
Defense may prescribe.
      Sec. 8020. Notwithstanding <<NOTE: 10 USC 2687 note.>>  any other 
provision of law, during the current fiscal year, the Secretary of 
Defense may, by Executive Agreement, establish with host nation 
governments in NATO member states a separate account into which such 
residual value amounts negotiated in the return of United States 
military installations in NATO member states may be deposited, in the 
currency of the host nation, in lieu of direct monetary transfers to the 
United States Treasury: Provided, That such credits may be utilized only 
for the construction of facilities to support United States military 
forces in that host nation, or such real property maintenance

[[Page 110 STAT. 3009-93]]

and base operating costs that are currently executed through monetary 
transfers to such host nations: Provided further, That the Department of 
Defense's budget submission for fiscal year 1998 shall identify such 
sums anticipated in residual value settlements, and identify such 
construction, real property maintenance or base operating costs that 
shall be funded by the host nation through such credits: Provided 
further, That all military construction projects to be executed from 
such accounts must be previously approved in a prior Act of Congress: 
Provided further, That each such Executive Agreement with a NATO member 
host nation shall be reported to the congressional defense committees, 
the Committee on International Relations of the House of Representatives 
and the Committee on Foreign Relations of the Senate thirty days prior 
to the conclusion and endorsement of any such agreement established 
under this provision.
      Sec. 8021. None of the funds available to the Department of 
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1 
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or 
M-1911 pistols.
      Sec. 8022. Notwithstanding any other provision of law, none of the 
funds appropriated by this Act shall be available to pay more than 50 
percent of an amount paid to any person under section 308 of title 37, 
United States Code, in a lump sum.
      Sec. 8023. None of the funds appropriated by this Act shall be 
available for payments under the Department of Defense contract with the 
Louisiana State University Medical Center involving the use of cats for 
Brain Missile Wound Research, and the Department of Defense shall not 
make payments under such contract from funds obligated prior to the date 
of the enactment of this Act, except as necessary for costs incurred by 
the contractor prior to the enactment of this Act: Provided, That funds 
necessary for the care of animals covered by this contract are allowed.
      Sec. 8024. Of the funds made available by this Act in title III, 
Procurement, $8,000,000, drawn pro rata from each appropriations account 
in title III, shall be available for incentive payments authorized by 
section 504 of the Indian Financing Act of 1974, 25 U.S.C. 1544. These 
payments shall be available only to contractors which have submitted 
subcontracting plans pursuant to 15 U.S.C. 637(d), and according to 
regulations which shall be promulgated by the Secretary of Defense 
within 90 days of the passage of this Act.
      Sec. 8025. None of the funds provided in this Act or any other Act 
shall be available to conduct bone trauma research at any Army Research 
Laboratory until the Secretary of the Army certifies that the synthetic 
compound to be used in the experiments is of such a type that its use 
will result in a significant medical finding, the research has military 
application, the research will be conducted in accordance with the 
standards set by an animal care and use committee, and the research does 
not duplicate research already conducted by a manufacturer or any other 
research organization.
      Sec. 8026. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to procure or acquire 
(1) defensive handguns unless such handguns are the M9 or M11 9mm 
Department of Defense standard handguns, or (2) offensive handguns 
except for the Special Operations Forces:

[[Page 110 STAT. 3009-94]]

Provided, That the foregoing shall not apply to handguns and ammunition 
for marksmanship competitions.
      Sec. 8027. No more than $500,000 of the funds appropriated or made 
available in this Act shall be used for any single relocation of an 
organization, unit, activity or function of the Department of Defense 
into or within the National Capital Region: Provided, That the Secretary 
of Defense may waive this restriction on a case-by-case basis by 
certifying in writing to the Congressional defense committees that such 
a relocation is required in the best interest of the Government.
      Sec. 8028. During the current fiscal year, funds appropriated or 
otherwise available for any Federal agency, the Congress, the judicial 
branch, or the District of Columbia may be used for the pay, allowances, 
and benefits of an employee as defined by section 2105 of title 5 or an 
individual employed by the government of the District of Columbia, 
permanent or temporary indefinite, who--
            (1) is a member of a Reserve component of the Armed Forces, 
        as described in section 261 of title 10, or the National Guard, 
        as described in section 101 of title 32;
            (2) performs, for the purpose of providing military aid to 
        enforce the law or providing assistance to civil authorities in 
        the protection or saving of life or property or prevention of 
        injury--
                    (A) Federal service under sections 331, 332, 333, or 
                12406 of title 10, or other provision of law, as 
                applicable, or
                    (B) full-time military service for his or her State, 
                the District of Columbia, the Commonwealth of Puerto 
                Rico, or a territory of the United States; and
            (3) requests and is granted--
                    (A) leave under the authority of this section; or
                    (B) annual leave, which may be granted without 
                regard to the provisions of sections 5519 and 6323(b) of 
                title 5, if such employee is otherwise entitled to such 
                annual leave:

Provided, That any employee who requests leave under subsection (3)(A) 
for service described in subsection (2) of this section is entitled to 
such leave, subject to the provisions of this section and of the last 
sentence of section 6323(b) of title 5, and such leave shall be 
considered leave under section 6323(b) of title 5.
      Sec. 8029. None of the funds appropriated by this Act shall be 
available to perform any cost study pursuant to the provisions of OMB 
Circular A-76 if the study being performed exceeds a period of twenty-
four months after initiation of such study with respect to a single 
function activity or forty-eight months after initiation of such study 
for a multi-function activity.
      Sec. 8030. Funds appropriated by this Act for the American Forces 
Information Service shall not be used for any national or international 
political or psychological activities.
      Sec. 8031. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized for 
the Secretary of Veterans Affairs by section 7455 of title 38, United 
States Code.
      Sec. 8032. None of the funds appropriated or made available in 
this Act shall be used to reduce or disestablish the operation of the 
53rd Weather Reconnaissance Squadron of the Air Force

[[Page 110 STAT. 3009-95]]

Reserve, if such action would reduce the WC-130 Weather Reconnaissance 
mission below the levels funded in this Act.
      Sec. 8033. (a) Of the funds for the procurement of supplies or 
services appropriated by this Act, qualified nonprofit agencies for the 
blind or other severely handicapped shall be afforded the maximum 
practicable opportunity to participate as subcontractors and suppliers 
in the performance of contracts let by the Department of Defense.
      (b) During the current fiscal year, a business concern which has 
negotiated with a military service or defense agency a subcontracting 
plan for the participation by small business concerns pursuant to 
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) shall be given 
credit toward meeting that subcontracting goal for any purchases made 
from qualified nonprofit agencies for the blind or other severely 
handicapped.
      (c) For the purpose of this section, the phrase ``qualified 
nonprofit agency for the blind or other severely handicapped'' means a 
nonprofit agency for the blind or other severely handicapped that has 
been approved by the Committee for the Purchase from the Blind and Other 
Severely Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
48).
      Sec. 8034. During the current fiscal year, net receipts pursuant 
to collections from third party payers pursuant to section 1095 of title 
10, United States Code, shall be made available to the local facility of 
the uniformed services responsible for the collections and shall be over 
and above the facility's direct budget amount.
      Sec. 8035. During the current fiscal year, the Department of 
Defense is authorized to incur obligations of not to exceed $350,000,000 
for purposes specified in section 2350j(c) of title 10, United States 
Code, in anticipation of receipt of contributions, only from the 
Government of Kuwait, under that section: Provided, That, upon receipt, 
such contributions from the Government of Kuwait shall be credited to 
the appropriation or fund which incurred such obligations.
      Sec. 8036. Of the funds made available in this Act, not less than 
$23,626,000 shall be available for the Civil Air Patrol, of which 
$19,926,000 shall be available for Operation and maintenance.
      Sec. 8037. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administered by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other non-profit 
entities.
      (b) Limitation on Compensation.--No member of a Board of 
Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, 
Visiting Committee, or any similar entity of a defense FFRDC, and no 
paid consultant to any defense FFRDC, may be compensated for his or her 
services as a member of such entity, or as a paid consultant, except 
under the same conditions, and to the same extent, as members of the 
Defense Science Board: Provided, That a member of any such entity 
referred to previously in this subsection shall be allowed travel 
expenses and per diem as authorized under the Federal Joint Travel 
Regulations, when engaged in the performance of membership duties.

[[Page 110 STAT. 3009-96]]

      (c) Notwithstanding any other provision of law, none of the funds 
available to the department from any source during fiscal year 1997 may 
be used by a defense FFRDC, through a fee or other payment mechanism, 
for charitable contributions, for construction of new buildings, for 
payment of cost sharing for projects funded by government grants, or for 
absorption of contract overruns.
      (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 1997, not more than 5,975 
staff years of technical effort (staff years) may be funded for defense 
FFRDCs: Provided, That of the specific amount referred to previously in 
this subsection, not more than 1,088 staff years may be funded for the 
defense studies and analysis FFRDCs.
      (e) Notwithstanding any other provision of law, the Secretary of 
Defense shall control the total number of staff years to be performed by 
defense FFRDCs during fiscal year 1997 so as to reduce the total amounts 
appropriated in titles II, III, and IV of this Act by $52,286,000: 
Provided, That the total amounts appropriated in titles II, III, and IV 
of this Act are hereby reduced by $52,286,000 to reflect savings from 
the use of defense FFRDCs by the department.
      (f) Within 60 days after enactment of this Act, the Secretary of 
Defense shall submit to the Congressional defense committees a report 
presenting the specific amounts of staff years of technical effort to be 
allocated by the department for each defense FFRDC during fiscal year 
1997: Provided, That, after the submission of the report required by 
this subsection, the department may not reallocate more than five 
percent of an FFRDC's staff years among other defense FFRDCs until 30 
days after a detailed justification for any such reallocation is 
submitted to the Congressional defense committees.
      (g) The Secretary of Defense shall, with the submission of the 
department's fiscal year 1998 budget request, submit a report presenting 
the specific amounts of staff years of technical effort to be allocated 
for each defense FFRDC during that fiscal year.
      (h) The total amounts appropriated to or for the use of the 
department in titles II, III, and IV of this Act are hereby further 
reduced by $102,286,000 to reflect savings from the decreased use of 
non-FFRDC consulting services by the department.
      (i) No part of the reductions contained in subsections (e) and (h) 
of this section may be applied against any budget activity, activity 
group, subactivity group, line item, program element, program, project, 
subproject or activity which does not fund defense FFRDC activities or 
non-FFRDC consulting services within each appropriation account.
      (j) Not later than 90 days after enactment of this Act, the 
Secretary of Defense shall submit to the congressional defense 
committees a report listing the specific funding reductions allocated to 
each category listed in subsection (i) above pursuant to this section.
      Sec. 8038. None of the funds in this or any other Act shall be 
available for the preparation of studies on--
            (a) the feasibility of removal and transportation of unitary 
        chemical weapons or agents from the eight chemical storage sites 
        within the continental United States to Johnston Atoll: 
        Provided, That this prohibition shall not apply to General

[[Page 110 STAT. 3009-97]]

        Accounting Office studies requested by a Member of Congress or a 
        Congressional Committee; and
            (b) the potential future uses of the nine chemical disposal 
        facilities other than for the destruction of stockpile chemical 
        munitions and as limited by section 1412(c)(2), Public Law 99-
        145: Provided, That this prohibition does not apply to future 
        use studies for the CAMDS facility at Tooele, Utah.
      Sec. 8039. None of the funds appropriated or made available in 
this Act shall be used to procure carbon, alloy or armor steel plate for 
use in any Government-owned facility or property under the control of 
the Department of Defense which were not melted and rolled in the United 
States or Canada: Provided, That these procurement restrictions shall 
apply to any and all Federal Supply Class 9515, American Society of 
Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) 
specifications of carbon, alloy or armor steel plate: Provided further, 
That the Secretary of the military department responsible for the 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, That these 
restrictions shall not apply to contracts which are in being as of the 
date of enactment of this Act.
      Sec. 8040. For the purposes of this Act, the term ``congressional 
defense committees'' means the National Security Committee of the House 
of Representatives, the Armed Services Committee of the Senate, the 
subcommittee on Defense of the Committee on Appropriations of the 
Senate, and the subcommittee on National Security of the Committee on 
Appropriations of the House of Representatives.
      Sec. 8041. During the current fiscal year, the Department of 
Defense may acquire the modification, depot maintenance and repair of 
aircraft, vehicles and vessels as well as the production of components 
and other Defense-related articles, through competition between 
Department of Defense depot maintenance activities and private firms: 
Provided, That the Senior Acquisition Executive of the military 
department or defense agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of all direct 
and indirect costs for both public and private bids: Provided further, 
That Office of Management and Budget Circular A-76 shall not apply to 
competitions conducted under this section.
       <<NOTE: 41 USC 10b-2.>> Sec. 8042. (a)(1) If the Secretary of 
Defense, after consultation with the United States Trade Representative, 
determines that a foreign country which is party to an agreement 
described in paragraph (2) has violated the terms of the agreement by 
discriminating against certain types of products produced in the United 
States that are covered by the agreement, the Secretary of Defense shall 
rescind the Secretary's blanket waiver of the Buy American Act with 
respect to such types of products produced in that foreign country.
      (2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the United 
States and a foreign country pursuant to which the Secretary

[[Page 110 STAT. 3009-98]]

of Defense has prospectively waived the Buy American Act for certain 
products in that country.
      (b) The Secretary of Defense shall submit to Congress a report on 
the amount of Department of Defense purchases from foreign entities in 
fiscal year 1997. Such report shall separately indicate the dollar value 
of items for which the Buy American Act was waived pursuant to any 
agreement described in subsection (a)(2), the Trade Agreement Act of 
1979 (19 U.S.C. 2501 et seq.), or any international agreement to which 
the United States is a party.
      (c) For purposes of this section, the term ``Buy American Act'' 
means title III of the Act entitled ``An Act making appropriations for 
the Treasury and Post Office Departments for the fiscal year ending June 
30, 1934, and for other purposes'', approved March 3, 1933 (41 U.S.C. 
10a et seq.).
      Sec. 8043. Appropriations contained in this Act that remain 
available at the end of the current fiscal year as a result of energy 
cost savings realized by the Department of Defense shall remain 
available for obligation for the next fiscal year to the extent, and for 
the purposes, provided in section 2865 of title 10, United States Code.
      Sec. 8044. During the current fiscal year and <<NOTE: 10 USC 1175 
note.>> hereafter, voluntary separation incentives payable under 10 
U.S.C. 1175 may be paid in such amounts as are necessary from the assets 
of the Voluntary Separation Incentive Fund established by section 
1175(h)(1).

                      (including transfer of funds)

      Sec. 8045. Amounts deposited during the current fiscal year to the 
special account established under 40 U.S.C. 485(h)(2) and to the special 
account established under 10 U.S.C. 2667(d)(1) are appropriated and 
shall be available until transferred by the Secretary of Defense to 
current applicable appropriations or funds of the Department of Defense 
under the terms and conditions specified by 40 U.S.C. 485(h)(2) (A) and 
(B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to be available 
for the same time period and the same purposes as the appropriation to 
which transferred.
      Sec. 8046. During the current fiscal year, appropriations 
available to the Department of Defense may be used to reimburse a member 
of a reserve component of the Armed Forces who is not otherwise entitled 
to travel and transportation allowances and who occupies transient 
government housing while performing active duty for training or inactive 
duty training: Provided, That such members may be provided lodging in 
kind if transient government quarters are unavailable as if the member 
was entitled to such allowances under subsection (a) of section 404 of 
title 37, United States Code: Provided further, That if lodging in kind 
is provided, any authorized service charge or cost of such lodging may 
be paid directly from funds appropriated for operation and maintenance 
of the reserve component of the member concerned.
      Sec. 8047. The President shall include <<NOTE: 10 USC 221 note.>>  
with each budget for a fiscal year submitted to the Congress under 
section 1105 of title 31, United States Code, materials that shall 
identify clearly and separately the amounts requested in the budget for 
appropriation for that fiscal year for salaries and expenses related to 
administrative activities of the Department of Defense, the military 
departments, and the Defense Agencies.

[[Page 110 STAT. 3009-99]]

      Sec. 8048. Notwithstanding any other provision of law, funds 
available for ``Drug Interdiction and Counter-Drug Activities, Defense'' 
may be obligated for the Young Marines program.
      Sec. 8049. During the current fiscal year, amounts contained in 
the Department of Defense Overseas Military Facility Investment Recovery 
Account established by section 2921(c)(1) of the National Defense 
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note) 
shall be available until expended for the payments specified by section 
2921(c)(2) of that Act.
      Sec. <<NOTE: 10 USC 1268 note.>>  8050. During the current fiscal 
year and hereafter, annual payments granted under the provisions of 
section 4416 of the National Defense Authorization Act for Fiscal Year 
1993 (Public Law 102-484; 106 Stat. 2714) shall be made from 
appropriations in this Act which are available for the pay of reserve 
component personnel.
      Sec. 8051. Of the funds appropriated or otherwise made available 
by this Act, not more than $119,200,000 shall be available for payment 
of the operating costs of NATO Headquarters: Provided, That the 
Secretary of Defense may waive this section for Department of Defense 
support provided to NATO forces in and around the former Yugoslavia.
      Sec. 8052. During the current fiscal year, appropriations which 
are available to the Department of Defense for operation and maintenance 
may be used to purchase items having an investment item unit cost of not 
more than $100,000.
      Sec. <<NOTE: 10 USC 1293 note.>>  8053. During the current fiscal 
year and hereafter, appropriations available for the pay and allowances 
of active duty members of the Armed Forces shall be available to pay the 
retired pay which is payable pursuant to section 4403 of Public Law 102-
484 (10 U.S.C. 1293 note) under the terms and conditions provided in 
section 4403.
      Sec. 8054. (a) During the current fiscal year, none of the 
appropriations or funds available to the Defense Business Operations 
Fund shall be used for the purchase of an investment item for the 
purpose of acquiring a new inventory item for sale or anticipated sale 
during the current fiscal year or a subsequent fiscal year to customers 
of the Defense Business Operations Fund if such an item would not have 
been chargeable to the Defense Business Operations Fund during fiscal 
year 1994 and if the purchase of such an investment item would be 
chargeable during the current fiscal year to appropriations made to the 
Department of Defense for procurement.
      (b) The fiscal year 1998 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 1998 Department of Defense budget shall be 
prepared and submitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a procurement 
appropriation contained in this Act shall be budgeted for in a proposed 
fiscal year 1998 procurement appropriation and not in the supply 
management business area or any other area or category of the Defense 
Business Operations Fund.
      Sec. 8055. None of the funds provided in this Act shall be 
available for use by a Military Department to modify an aircraft, 
weapon, ship or other item of equipment, that the Military Department 
concerned plans to retire or otherwise dispose of within five years 
after completion of the modification: Provided, That this prohibition 
shall not apply to safety modifications: Provided further,

[[Page 110 STAT. 3009-100]]

That this prohibition may be waived by the Secretary of a Military 
Department if the Secretary determines it is in the best national 
security interest of the United States to provide such waiver and so 
notifies the congressional defense committees in writing.
      Sec. 8056. None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for obligation 
beyond the current fiscal year, except for funds appropriated for the 
Reserve for Contingencies, which shall remain available until September 
30, 1998.
      Sec. 8057. Notwithstanding any other provision of law, funds made 
available in this Act for the Defense Intelligence Agency may be used 
for the design, development, and deployment of General Defense 
Intelligence Program intelligence communications and intelligence 
information systems for the Services, the Unified and Specified 
Commands, and the component commands.
      Sec. 8058. (a) Notwithstanding any other provision of law, funds 
appropriated in this Act for the High Performance Computing 
Modernization Program shall be made available only for the acquisition, 
modernization and sustainment of supercomputing capability and capacity 
at Department of Defense (DoD) science and technology sites under the 
cognizance of the Director of Defense Research and Engineering and DoD 
test and evaluation facilities under the Director of Test and 
Evaluation, OUSD (A&T): Provided, That these funds shall be awarded 
based on user-defined requirements.
      (b) Of the funds appropriated in this Act under the heading 
``Procurement, Defense-Wide'', $124,735,000 shall be made available for 
the High Performance Computing Modernization Program. Of the total funds 
made available for the program pursuant to this subsection, $20,000,000 
shall be for the Army High Performance Computing Research Center.
      Sec. 8059. Of the funds appropriated by the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $8,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation, on Indian lands resulting from Department 
of Defense activities.
      Sec. 8060. Amounts collected for the use of the facilities of the 
National Science Center for Communications and Electronics during the 
current fiscal year pursuant to section 1459(g) of the Department of 
Defense Authorization Act, 1986 and deposited to the special account 
established under subsection 1459(g)(2) of that Act are appropriated and 
shall be available until expended for the operation and maintenance of 
the Center as provided for in subsection 1459(g)(2).
      Sec. 8061. None of the funds appropriated in this Act may be used 
to fill the commander's position at any military medical facility with a 
health care professional unless the prospective candidate can 
demonstrate professional administrative skills.
      Sec. 8062. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, in 
expending the funds, complies with Buy American Act. For purposes of 
this subsection, the term ``Buy American Act'' means title III of the 
Act entitled ``An Act making appropriations for the Treasury and Post 
Office Departments for the fiscal year

[[Page 110 STAT. 3009-101]]

ending June 30, 1934, and for other purposes'', approved March 3, 1933 
(41 U.S.C. 10a et seq.).
      (b) If the Secretary of Defense determines that a person has been 
convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States that is not made in America, the Secretary shall determine, in 
accordance with section 2410f of title 10, United States Code, whether 
the person should be debarred from contracting with the Department of 
Defense.
      (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-competitive, 
quality-competitive, and available in a timely fashion.
      Sec. 8063. None of the funds appropriated by this Act shall be 
available for a contract for studies, analyses, or consulting services 
entered into without competition on the basis of an unsolicited proposal 
unless the head of the activity responsible for the procurement 
determines--
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work, or
            (2) the purpose of the contract is to explore an unsolicited 
        proposal which offers significant scientific or technological 
        promise, represents the product of original thinking, and was 
        submitted in confidence by one source, or
            (3) the purpose of the contract is to take advantage of 
        unique and significant industrial accomplishment by a specific 
        concern, or to insure that a new product or idea of a specific 
        concern is given financial support:

Provided, That this limitation shall not apply to contracts in an amount 
of less than $25,000, contracts related to improvements of equipment 
that is in development or production, or contracts as to which a 
civilian official of the Department of Defense, who has been confirmed 
by the Senate, determines that the award of such contract is in the 
interest of the national defense.
      Sec. 8064. Funds appropriated by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414).
      Sec. <<NOTE: 50 USC 1521 note.>>  8065. Notwithstanding section 
142 of H.R. 3230, the National Defense Authorization Act for Fiscal Year 
1997, as passed by the Senate on September 10, 1996, of the funds 
provided in title VI of this Act, under the heading ``Chemical Agents 
and Munitions Destruction, Defense'', $40,000,000 shall only be 
available for the conduct of a pilot program to identify and demonstrate 
not less than two alternatives to the baseline incineration process for 
the demilitarization of assembled chemical munitions: Provided, That the 
Under Secretary of Defense for Acquisition and Technology shall, not 
later than December 1, 1996, designate a program manager who is not, nor 
has been, in direct or immediate control of the baseline reverse 
assembly incineration demilitarization program to carry out the pilot 
program: Provided further, That the Under Secretary of Defense for 
Acquisition and Technology shall evaluate the effectiveness of each 
alternative chemical munitions

[[Page 110 STAT. 3009-102]]

demilitarization technology identified and demonstrated under the pilot 
program to demilitarize munitions and assembled chemical munitions while 
meeting all applicable Federal and State environmental and safety 
requirements: Provided further, That the Under Secretary of Defense for 
Acquisition and Technology shall transmit, by December 15 of each year, 
a report to the congressional defense committees on the activities 
carried out under the pilot program during the preceding fiscal year in 
which the report is to be made: Provided further, That section 142(f)(3) 
of H.R. 3230, the <<NOTE: 50 USC 1521 note.>> National Defense 
Authorization Act for Fiscal Year 1997, as passed by the Senate on 
September 10, 1996, is repealed: Provided further, That no funds may be 
obligated for the construction of a baseline incineration facility at 
the Lexington Blue Grass Army Depot or the Pueblo Depot activity until 
180 days after the Secretary of Defense has submitted to the 
congressional defense committees a report detailing the effectiveness of 
each alternative chemical munitions demilitarization technology 
identified and demonstrated under the pilot program and its ability to 
meet the applicable safety and environmental requirements: Provided 
further, That none of the funds in this or any other Act may be 
obligated for the preparation of studies, assessments, or planning of 
the removal and transportation of stockpile assembled unitary chemical 
weapons or neutralized chemical agent to any of the eight chemical 
weapons storage sites within the continental United States.
      Sec. 8066. (a) None of the funds made available by this Act may be 
obligated for design, development, acquisition, or operation of more 
than 47 Titan IV expendable launch vehicles, or for satellite mission-
model planning for a Titan IV requirement beyond 47 vehicles.
      (b) $59,600,000 made available in this Act for Research, 
Development, Test and Evaluation, Air Force, may only be obligated for 
development of a new family of medium-lift and heavy-lift expendable 
launch vehicles evolved from existing technologies.
      Sec. 8067. None of the funds available to the Department of 
Defense in this Act may be used to establish additional field operating 
agencies of any element of the Department during fiscal year 1997, 
except for field operating agencies funded within the National Foreign 
Intelligence Program: Provided, That the Secretary of Defense may waive 
this section by certifying to the House and Senate Committees on 
Appropriations that the creation of such field operating agencies will 
reduce either the personnel and/or financial requirements of the 
Department of Defense.
      Sec. 8068. Notwithstanding section 303 of Public Law 96-487 or any 
other provision of law, the Secretary of the Navy is authorized to lease 
real and personal property at Naval Air Facility, Adak, Alaska, pursuant 
to 10 U.S.C. 2667(f), for commercial, industrial or other purposes.
      Sec. 8069. Notwithstanding any other provision <<NOTE: 10 USC note 
prec. 2161.>> of law, for resident classes entering the war colleges 
after September 30, 1997, the Department of Defense shall require that 
not less than 20 percent of the total of United States military students 
at each war college shall be from military departments other than the 
hosting military department: Provided, That each military department 
will recognize the attendance at a sister military department war 
college as the equivalent of attendance at its own war college for 
promotion and advancement of personnel.

[[Page 110 STAT. 3009-103]]

                              (rescissions)

      Sec. 8070. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts in the specified amounts:
            ``Procurement of Ammunition, Army, 1995/1997'', $4,500,000;
            ``Aircraft Procurement, Navy, 1995/1997'', $8,000,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 1995/
        1997'', $2,000,000;
            ``Other Procurement, Navy, 1995/1997'', $10,000,000;
            ``Aircraft Procurement, Air Force, 1995/1997'', $3,100,000;
            ``Missile Procurement, Air Force, 1995/1997'', $31,900,000;
            ``Aircraft Procurement, Navy, 1996/1998'', $5,400,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 1996/
        1998'', $12,708,000;
            ``Aircraft Procurement, Air Force, 1996/1998'', $9,000,000;
            ``Missile Procurement, Air Force, 1996/1998'', $20,000,000;
            ``Other Procurement, Air Force, 1996/1998'', $26,000,000;
            ``Research, Development, Test and Evaluation, Navy 1996/
        1997'', $4,500,000.
      Sec. 8071. None of the funds provided in this Act may be obligated 
for payment on new contracts on which allowable costs charged to the 
government include payments for individual compensation at a rate in 
excess of $250,000 per year.
      Sec. 8072. Of the funds appropriated in the Department of Defense 
Appropriations Act, 1996 (Public Law 104-61), under the heading ``Other 
Procurement, Army'', the Department of the Army shall grant $477,000 to 
the Kansas Unified School District 207 for the purpose of integrating 
schools at Fort Leavenworth into the existing fiber optic network on 
post.
      Sec. 8073. None of the funds available in this Act may be used to 
reduce the authorized positions for military (civilian) technicians of 
the Army National Guard, the Air National Guard, Army Reserve and Air 
Force Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military (civilian) 
technicians, unless such reductions are a direct result of a reduction 
in military force structure.
      Sec. 8074. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to the 
Democratic People's Republic of North Korea unless specifically 
appropriated for that purpose.
      Sec. 8075. During the current fiscal year, funds appropriated in 
this Act are available to compensate members of the National Guard for 
duty performed pursuant to a plan submitted by a Governor of a State and 
approved by the Secretary of Defense under section 112 of title 32, 
United States Code: Provided, That during the performance of such duty, 
the members of the National Guard shall be under State command and 
control: Provided further, That such duty shall be treated as full-time 
National Guard duty for purposes of sections 12602 (a)(2) and (b)(2) of 
title 10, United States Code.
      Sec. 8076. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Unified and Specified Commands 
and Defense Agencies shall be available for reimbursement of pay, 
allowances and other expenses which would otherwise be incurred against 
appropriations for the National Guard and

[[Page 110 STAT. 3009-104]]

Reserve when members of the National Guard and Reserve provide 
intelligence support to Unified Commands, Defense Agencies and Joint 
Intelligence Activities, including the activities and programs included 
within the General Defense Intelligence Program and the Consolidated 
Cryptologic Program: Provided, That nothing in this section authorizes 
deviation from established Reserve and National Guard personnel and 
training procedures.
      Sec. 8077. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, 1996 level: Provided, That the Service Surgeons 
General may waive this section by certifying to the congressional 
defense committees that the beneficiary population is declining in some 
catchment areas and civilian strength reductions may be consistent with 
responsible resource stewardship and capitation-based budgeting.
      Sec. 8078. All refunds or other amounts collected in the 
administration of the Civilian Health and Medical Program of the 
Uniformed Services (CHAMPUS) shall be credited to current year 
appropriations.

                      (including transfer of funds)

      Sec. 8079. None of the funds appropriated in this Act may be 
transferred to or obligated from the Pentagon Reservation Maintenance 
Revolving Fund, unless the Secretary of Defense certifies that the total 
cost for the planning, design, construction and installation of 
equipment for the renovation of the Pentagon Reservation will not exceed 
$1,118,000,000.
      Sec. 8080. (a) None of the funds <<NOTE: 10 USC 374 
note.>> available to the Department of Defense for any fiscal year for 
drug interdiction or counter-drug activities may be transferred to any 
other department or agency of the United States except as specifically 
provided in an appropriations law.
      (b) None of the funds available to the Central <<NOTE: 50 USC 403f 
note.>> Intelligence Agency for any fiscal year for drug interdiction 
and counter-drug activities may be transferred to any other department 
or agency of the United States except as specifically provided in an 
appropriations law.

                           (transfer of funds)

      Sec. 8081. Appropriations available in this Act under the heading 
``Operation and Maintenance, Defense-Wide'' for increasing energy and 
water efficiency in Federal buildings may, during their period of 
availability, be transferred to other appropriations or funds of the 
Department of Defense for projects related to increasing energy and 
water efficiency, to be merged with and to be available for the same 
general purposes, and for the same time period, as the appropriation or 
fund to which transferred.
      Sec. 8082. None of the funds appropriated by this Act may be used 
for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin: Provided, That the 
Secretary of the military department responsible for such procurement 
may waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate, that adequate domestic supplies are not 
available to meet Department of Defense

[[Page 110 STAT. 3009-105]]

requirements on a timely basis and that such an acquisition must be made 
in order to acquire capability for national security purposes.
      Sec. 8083. Notwithstanding any other provision of law, funds 
available to the Department of Defense shall be made available to 
provide transportation of medical supplies and equipment, on a 
nonreimbursable basis, to American Samoa: Provided, That notwithstanding 
any other provision of law, funds available to the Department of Defense 
shall be made available to provide transportation of medical supplies 
and equipment, on a nonreimbursable basis, to the Indian Health Service 
when it is in conjunction with a civil-military project.
      Sec. 8084. None of the funds in this Act may be used to purchase 
any supercomputer which is not manufactured in the United States, unless 
the Secretary of Defense certifies to the congressional defense 
committees that such an acquisition must be made in order to acquire 
capability for national security purposes that is not available from 
United States manufacturers.
      Sec. 8085. Notwithstanding any other provision of law, the Naval 
shipyards of the United States shall be eligible to participate in any 
manufacturing extension program financed by funds appropriated in this 
or any other Act.
      Sec. 8086. None of the funds appropriated by this Act shall be 
available to lease or charter a vessel in excess of seventeen months 
(inclusive of any option periods) to transport fuel or oil for the 
Department of Defense if the vessel was constructed after October 1, 
1995 unless the Secretary of Defense requires that the vessel be 
constructed in the United States with a double hull under the long-term 
lease or charter authority provided in section 2401 note of title 10, 
United States Code: Provided, That this limitation shall not apply to 
contracts in force on the date of enactment of this Act: Provided 
further, That by 1997 at least 20 percent of annual leases and charters 
must be for ships of double hull design constructed after October 1, 
1995 if available in numbers sufficient to satisfy this requirement: 
Provided further, That the Military Sealift Command shall plan to 
achieve the goal of eliminating single hull ship leases by the year 
2015.

                           (transfer of funds)

      Sec. 8087. In addition to amounts appropriated or otherwise made 
available by this Act, $300,000,000 is hereby appropriated to the 
Department of Defense and shall be available only for transfer to the 
United States Coast Guard.
      Sec. 8088. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act is hereby reduced by $150,000,000 
to reflect savings from reduced carryover of activities funded through 
the Defense Business Operations Fund, to be distributed as follows: 
``Operation and Maintenance, Army'', $60,000,000; and ``Operation and 
Maintenance, Navy'', $90,000,000.
      Sec. 8089. Notwithstanding any other provision of law, each 
contract awarded by the Department of Defense during the current fiscal 
year for construction or service performed in whole or in part in a 
State which is not contiguous with another State and has an unemployment 
rate in excess of the national average rate of unemployment as 
determined by the Secretary of Labor, shall include a provision 
requiring the contractor to employ, for the purpose of performing that 
portion of the contract in such State

[[Page 110 STAT. 3009-106]]

that is not contiguous with another State, individuals who are residents 
of such State and who, in the case of any craft or trade, possess or 
would be able to acquire promptly the necessary skills: Provided, That 
the Secretary of Defense may waive the requirements of this section, on 
a case-by-case basis, in the interest of national security.
      Sec. 8090. During the current fiscal year, the Army shall use the 
former George Air Force Base as the airhead for the National Training 
Center at Fort Irwin: Provided, That none of the funds in this Act shall 
be obligated or expended to transport Army personnel into Edwards Air 
Force Base for training rotations at the National Training Center.
      Sec. 8091. (a) The Secretary of Defense shall submit, on a 
quarterly basis, a report to the congressional defense committees, the 
Committee on International Relations of the House of Representatives and 
the Committee on Foreign Relations of the Senate setting forth all costs 
(including incremental costs) incurred by the Department of Defense 
during the preceding quarter in implementing or supporting resolutions 
of the United Nations Security Council, including any such resolution 
calling for international sanctions, international peacekeeping 
operations, and humanitarian missions undertaken by the Department of 
Defense. The quarterly report shall include an aggregate of all such 
Department of Defense costs by operation or mission.
      (b) The Secretary of Defense shall detail in the quarterly reports 
all efforts made to seek credit against past United Nations expenditures 
and all efforts made to seek compensation from the United Nations for 
costs incurred by the Department of Defense in implementing and 
supporting United Nations activities.
      Sec. 8092 (a) Limitation on Transfer of Defense Articles and 
Services.--Notwithstanding any other provision of law, none of the funds 
available to the Department of Defense for the current fiscal year may 
be obligated or expended to transfer to another nation or an 
international organization any defense articles or services (other than 
intelligence services) for use in the activities described in subsection 
(b) unless the congressional defense committees, the Committee on 
International Relations of the House of Representatives, and the 
Committee on Foreign Relations of the Senate are notified 15 days in 
advance of such transfer.
      (b) Covered Activities.--(1) This section applies to--
            (A) any international peacekeeping or peace-enforcement 
        operation under the authority of chapter VI or chapter VII of 
        the United Nations Charter under the authority of a United 
        Nations Security Council resolution; and
            (B) any other international peacekeeping, peace-enforcement, 
        or humanitarian assistance operation.
      (c) Required Notice.--A notice under subsection (a) shall include 
the following:
            (1) A description of the equipment, supplies, or services to 
        be transferred.
            (2) A statement of the value of the equipment, supplies, or 
        services to be transferred.
            (3) In the case of a proposed transfer of equipment or 
        supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed Forces 
                (including the reserve

[[Page 110 STAT. 3009-107]]

                components) for the type of equipment or supplies to be 
                transferred have been met; and
                    (B) a statement of whether the items proposed to be 
                transferred will have to be replaced and, if so, how the 
                President proposes to provide funds for such 
                replacement.
      Sec. 8093. To the extent authorized by subchapter VI of Chapter 
148 of title 10, United States Code, the Secretary of Defense shall 
issue loan guarantees in support of U.S. defense exports not otherwise 
provided for: Provided, That the total contingent liability of the 
United States for guarantees issued under the authority of this section 
may not exceed $15,000,000,000: Provided further, That the exposure fees 
charged and collected by the Secretary for each guarantee, shall be paid 
by the country involved and shall not be financed as part of a loan 
guaranteed by the United States: Provided further, That the Secretary 
shall provide quarterly reports to the Committees on Appropriations, 
Armed Services and Foreign Relations of the Senate and the Committees on 
Appropriations, National Security and International Relations in the 
House of Representatives on the implementation of this program: Provided 
further, That amounts charged for administrative fees and deposited to 
the special account provided for under section 2540c(d) of title 10, 
shall be available for paying the costs of administrative expenses of 
the Department of Defense that are attributable to the loan guarantee 
program under subchapter VI of Chapter 148 of title 10.
      Sec. 8094. None of the funds available to the Department of 
Defense shall be obligated or expended to make a financial contribution 
to the United Nations for the cost of an United Nations peacekeeping 
activity (whether pursuant to assessment or a voluntary contribution) or 
for payment of any United States arrearage to the United Nations.
      Sec. 8095. None of the funds available to the Department of 
Defense under this Act shall be obligated or expended to pay a 
contractor under a contract with the Department of Defense for costs of 
any amount paid by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of the 
        normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.
      Sec. 8096. The amount otherwise provided by this Act for 
``Operation and Maintenance, Air Force'' is hereby reduced by 
$194,500,000, to reflect a reduction in the pass-through to the Air 
Force business areas of the Defense Business Operations Fund.
      Sec. 8097. (a) None of the funds appropriated or otherwise made 
available in this Act may be used to transport or provide for the 
transportation of chemical munitions or agents to the Johnston Atoll for 
the purpose of storing or demilitarizing such munitions or agents.
      (b) The prohibition in subsection (a) shall not apply to any 
obsolete World War II chemical munition or agent of the United States 
found in the World War II Pacific Theater of Operations.
      (c) The President may suspend the application of subsection (a) 
during a period of war in which the United States is a party.
      Sec. 8098. None of the funds provided in title II of this Act for 
``Former Soviet Union Threat Reduction'' may be obligated or

[[Page 110 STAT. 3009-108]]

expended to finance housing for any individual who was a member of the 
military forces of the Soviet Union or for any individual who is or was 
a member of the military forces of the Russian Federation.
      Sec. 8099. During the current fiscal year, no more than 
$15,000,000 of appropriations made in this Act under the heading 
``Operation and Maintenance, Defense-Wide'' may be transferred to 
appropriations available for the pay of military personnel, to be merged 
with, and to be available for the same time period as the appropriations 
to which transferred, to be used in support of such personnel in 
connection with support and services for eligible organizations and 
activities outside the Department of Defense pursuant to section 2012 of 
title 10, United States Code.
      Sec. 8100. Beginning <<NOTE: 18 USC 3056 note.>>  in fiscal year 
1997 and thereafter, and notwithstanding any other provision of law, 
fixed and mobile telecommunications support shall be provided by the 
White House Communications Agency (WHCA) to the United States Secret 
Service (USSS), without reimbursement, in connection with the Secret 
Service's duties directly related to the protection of the President or 
the Vice President or other officer immediately next in order of 
succession to the office of the President at the White House Security 
Complex in the Washington, D.C. Metropolitan Area and Camp David, 
Maryland. For these purposes, the White House Security Complex includes 
the White House, the White House grounds, the Old Executive Office 
Building, the New Executive Office Building, the Blair House, the 
Treasury Building, and the Vice President's Residence at the Naval 
Observatory.
      Sec. 8101. None of the funds provided in this Act may be obligated 
or expended for the sale of zinc in the National Defense Stockpile if 
zinc commodity prices decline more than five percent below the London 
Metals Exchange market price reported on the date of enactment of this 
Act.
      Sec. 8102. For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act under 
the heading ``Shipbuilding and Conversion, Navy'' shall be considered to 
be for the same purpose as any subdivision under the heading 
``Shipbuilding and Conversion, Navy'' appropriations in any prior year, 
and the one percent limitation shall apply to the total amount of the 
appropriation.
      Sec. 8103. During the current fiscal year, and notwithstanding 31 
U.S.C. 1552(a), not more than $107,000,000 appropriated under the 
heading ``Aircraft Procurement, Air Force'' in Public Law 101-511 and 
not more than $15,000,000 appropriated under the heading ``Aircraft 
Procurement, Air Force'' in Public Law 102-172 which were available and 
obligated for the B-2 Aircraft Program shall remain available for 
expenditure and for adjusting obligations for such Program until 
September 30, 2002.
      Sec. 8104. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under the 
provisions of section 1552 of title 31, United States Code, and which 
has a negative unliquidated or unexpended balance, an obligation or an 
adjustment of an obligation may be charged to any current appropriation 
account for the same purpose as the expired or closed account if--

[[Page 110 STAT. 3009-109]]

            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is not 
        chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That in 
        the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge to 
        a current account under the authority of this section shall be 
        reversed and recorded against the expired account: Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to one percent of the total appropriation for that account.

                           (transfer of funds)

      Sec. 8105. Upon enactment of this Act, the Secretary of Defense 
shall make the following transfers of funds: Provided, That the amounts 
transferred shall be available for the same purposes as the 
appropriations to which transferred, and for the same time period as the 
appropriation from which transferred: Provided further, That the amounts 
shall be transferred between the following appropriations in the amount 
specified:
      From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1985/1995'':
                    CG-47 cruiser program, $4,300,000;
                    For craft, outfitting, and post delivery, 
                $2,000,000;
      To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1985/1995'':
                    DDG-51 destroyer program, $6,300,000;
      From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1986/1996'':
                    LHD-1 amphibious assault ship program, $2,154,000;
      To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1986/1996'':
                    For craft, outfitting and post delivery, $2,154,000;
      From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1987/1996'':
                    T-AO fleet oiler program, $1,095,000;
                    Oceanographic ship program, $735,000;
      To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1987/1996'':
                    For craft, outfitting, and post delivery, 
                $1,830,000;
      From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1989/2000'':

[[Page 110 STAT. 3009-110]]

                    T-AO fleet oiler program, $6,571,000;
      To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1989/2000'':
                    SSN-21 attack submarine program, $6,571,000;
      From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1991/2001'':
                    DDG-51 destroyer program, $12,687,000;
      To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1991/2001'':
                    LHD-1 amphibious assault ship program, $9,387,000;
                    MHC coastal mine hunter program, $3,300,000;
      From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1992/1996'':
                    For escalation, $1,600,000;
      To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1992/1996'':
                    MHC coastal mine hunter program, $1,600,000;
      From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1993/1997'':
                  DDG-51 destroyer program, $5,000,000;
                  LSD-41 cargo variant ship program, $2,700,000;
                  For craft, outfitting, post delivery, and first 
                destination transportation, and inflation adjustments, 
                $1,577,000;
      To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1993/1997'':
                    AOE combat support ship program, $9,277,000;
      From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1995/1999'':
                    Carrier replacement program, $18,023,000;
      To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1993/1997'':
                    MHC coastal mine hunter program, $6,700,000;
                    AOE combat support ship program, $11,323,000;
      From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1994/1998'':
                    LHD-1 amphibious assault ship program, $4,100,000;
                    Mine warfare command and control ship, $1,000,000;
                    For craft, outfitting, post delivery, and first 
                destination transportation, $2,000,000;
      From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1995/1999'':
                    Carrier replacement program, $9,477,000;
      From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1996/2000'':
                    NSSN-1 (AP), $3,791,000;

[[Page 110 STAT. 3009-111]]

                    DDG-51 destroyer program, $4,075,000;
                    CVN Refuelings, $5,212,000;
                    LHD-1 amphibious ship program, $16,800,000;
                    T-AGS-64 multi-purpose oceanographic survey ship, 
                $375,000;
                    For craft, outfitting, post delivery, conversions 
                and first destination transportation, $11,770,000;
      To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1994/1998'':
                    DDG-51 destroyer program, $41,800,000; and
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1995/1999'':
                    For craft, outfitting, post delivery, conversions 
                and first destination transportation, $16,800,000.
      Sec. 8106. <<NOTE: 10 USC 113 note.>>  (a) The Secretary of 
Defense shall require not later than June 30, 1997, each disbursement by 
the Department of Defense in an amount in excess of $3,000,000 be 
matched to a particular obligation before the disbursement is made.
      (b) The Secretary shall ensure that a disbursement in excess of 
the threshold amount applicable under section (a) is not divided into 
multiple disbursements of less than that amount for the purpose of 
avoiding the applicability of such section to that disbursement.
      Sec. 8107. Notwithstanding any other provision of law, the Air 
Force shall not introduce any new supplier for the remaining production 
units for the AN/ALE-47 Countermeasures Dispenser System without 
conducting a full and open competition that will include, but not be 
limited to, small businesses.
      Sec. 8108. The Under Secretary of Defense (Comptroller) shall 
submit to the congressional defense committees a detailed report 
identifying, by amount and by separate budget activity, activity group, 
subactivity group, line item, program element, program, project, 
subproject, and activity, any activity for which the fiscal year 1998 
budget request was reduced because Congress appropriated funds above the 
President's budget request for that specific activity for fiscal year 
1997.
      Sec. 8109. <<NOTE: 10 USC 2241 note.>>  In applying section 9005 
of the Department of Defense Appropriations Act, 1993, Public Law 102-
396 (10 U.S.C. 2241 note), during the current fiscal year and 
thereafter--
            (1) the term ``synthetic fabric and coated synthetic 
        fabric'' shall be deemed to include all textile fibers and yarns 
        that are for use in such fabrics; and
            (2) such section shall be treated, notwithstanding section 
        34 of Public Law 93-400 (41 U.S.C. 430), as being applicable to 
        contracts and subcontracts for the procurement of commercial 
        items that are articles or items, specialty metals, or tools 
        covered by that section 9005.
      Sec. 8110. Notwithstanding any other provision of law, including 
Section 2304(j) of title 10, United States Code, of the funds 
appropriated under the heading ``Aircraft Procurement, Navy'' in Public 
Law 104-61, $45,000,000 shall be made available only for acquisition of 
T-39N aircraft, associated ground-based training system (GBTS), service 
life extension related components and parts, associated equipment, and 
data that meet the Undergraduate Flight Officer (UNFO) training 
requirements by procurement of the T-

[[Page 110 STAT. 3009-112]]

39N aircraft currently being used by the Navy for UNFO training under a 
services contract.
      Sec. 8111. Tradeoff Study of Current and Future Deep-Strike 
Capabilities.--
            (1) The Secretary of Defense shall carry out the deep-strike 
        tradeoff study announced by the President to study tradeoffs 
        between bombers, land and sea-based tactical aircraft, and 
        missiles capable of striking targets in an enemy's rear area.
            (2) The Secretary of Defense shall establish an ad hoc 
        review committee under the auspices of the Defense Science Board 
        to establish the methodological approach to the tradeoff study, 
        to establish a broad range of stressing scenarios of interest, 
        and to review assumptions regarding the analyses to be 
        conducted.
            (3) The ad hoc review committee to be established under 
        paragraph (2) shall include among its members analysts who have 
        performed or participated in bomber tradeoff analysis, retired 
        military personnel with broad experience in recent conventional 
        warfare operations, and experts on the logistics of both initial 
        deployment and sustaining support. These members shall be 
        selected without regard for current service on the Defense 
        Science Board.
            (4) After submitting its recommendations for the conduct of 
        the deep-strike tradeoff study to the Secretary of Defense, the 
        ad hoc review committee shall continue to meet regularly to 
        review preliminary results of the analysis and to recommend 
        additional variations in assumptions that may be required to 
        illuminate particular force tradeoff issues.
      Sec. 8112. Notwithstanding 31 U.S.C. 1552(a), of the funds 
provided in Department of Defense Appropriations Acts, not more than the 
specified amounts of funds from the following accounts shall remain 
available for the payment of satellite on-orbit incentive fees until the 
fees are paid:
            ``Missile Procurement, Air Force, 1990/1992'', $17,800,000;
            ``Missile Procurement, Air Force, 1991/1993'', $19,330,000;
            ``Missile Procurement, Air Force, 1992/1994'', $23,570,000;
            ``Missile Procurement, Air Force, 1993/1995'', $16,780,000;
            ``Missile Procurement, Air Force, 1994/1996'', $16,780,000.
      Sec. 8113. Tactical Aircraft Requirement Study.--The Secretary of 
Defense and the Chairman of the Joint Chiefs of Staff shall carry out a 
joint study under the direct supervision of the Joint Requirements 
Oversight Council (JROC) assessing future tactical aircraft requirements 
across service jurisdictions. This study shall determine the best and 
most affordable mix of weapon systems to carry out different mission 
areas and shall include recommendations for changes to the planned 
numbers and types of tactical aircraft to be developed and procured over 
the next ten years if appropriate. Such report shall be submitted to the 
congressional defense committees no later than March 30, 1997.
      Sec. 8114. None of the funds available to the Department of the 
Navy may be used to enter into any contract for the overhaul, repair, or 
maintenance of any naval vessel homeported on the West Coast of the 
United States which includes charges for interport differential as an 
evaluation factor for award.
      Sec. 8115. (a) None of the funds available to the Department of 
Defense under this Act may be obligated or expended to reimburse a 
defense contractor for restructuring costs associated

[[Page 110 STAT. 3009-113]]

with a business combination of the defense contractor that occurs after 
the date of enactment of this Act unless:
            (1) the auditable savings for the Department of Defense 
        resulting from the restructuring will exceed the costs allowed 
        by a factor of at least two to one, or
            (2) the savings for the Department of Defense resulting from 
        the restructuring will exceed the costs allowed and the 
        Secretary of Defense determines that the business combination 
        will result in the preservation of a critical capability that 
        might otherwise be lost to the Department, and
            (3) the report required by Section 818(e) of Public Law 103-
        337 to be submitted to Congress in 1996 is submitted.
      (b) Not later than April 1, 1997, the Comptroller General shall, 
in consultation with the Inspector General of the Department of Defense, 
the Secretary of Defense, and the Secretary of Labor, submit to Congress 
a report which shall include the following:
            (1) an analysis and breakdown of the restructuring costs 
        paid by or submitted to the Department of Defense to companies 
        involved in business combinations since 1993;
            (2) an analysis of the specific costs associated with 
        workforce reductions;
            (3) an analysis of the services provided to the workers 
        affected by business combinations;
            (4) an analysis of the effectiveness of the restructuring 
        costs used to assist laid off workers in gaining employment;
            (5) in accordance with section 818 of Public Law 103-337, an 
        analysis of the savings reached from the business combination 
        relative to the restructuring costs paid by the Department of 
        Defense.
      (c) The report should set forth recommendations to make this 
program more effective for workers affected by business combinations and 
more efficient in terms of the use of Federal dollars.
      Sec. 8116. Notwithstanding any other provision of law, none of the 
funds appropriated in this Act may be used to purchase, install, 
replace, or otherwise repair any lock on a safe or security container 
which protects information critical to national security or any other 
classified materials and which has not been certified as passing the 
security lock specifications contained in regulation FF-L-2740 dated 
October 12, 1989, and has not passed all testing criteria and procedures 
established through February 28, 1992: Provided, That the Director of 
Central Intelligence may waive this provision, on a case-by-case basis 
only, upon certification that the above cited locks are not adequate for 
the protection of sensitive intelligence information.
      Sec. 8117. Section 8110 of Public Law 104-61 (109 Stat. 674) is 
hereby repealed.
      Sec. 8118. The Secretary of Defense, in conjunction with the 
Secretary of Labor, shall take such steps as required to ensure that 
those Department of Defense contractors and other entities subject to 
section 4212(d) of title 38, United States Code are aware of, and in 
compliance with, the requirements of that section regarding submission 
of an annual report to the Secretary of Labor concerning employment of 
certain veterans: Provided, That the Secretary of Defense shall ensure 
that those Department of Defense contractors and other entities subject 
to section 4212(d) of title 38, United States Code which have contracts 
with the Department of Defense are notified of the potential penalties 
associated with

[[Page 110 STAT. 3009-114]]

failure to comply with these annual reporting requirements (including 
potential suspension or debarment from federal contracting): Provided 
further, That within 180 days of enactment of this Act the Secretary of 
Labor and the Secretary of Defense shall submit a report to Congress 
which--
            (1) using the most recent reporting data, details the number 
        of reports received from Department of Defense contractors and 
        the estimated number of Department of Defense contractors which 
        are not in compliance with these annual reporting requirements;
            (2) describes the steps taken by the Departments of Labor 
        and Defense in order to ensure compliance with section 4212(d) 
        of title 38, United States Code;
            (3) describes any additional measures taken or planned to be 
        taken by the Departments of Labor and Defense to improve 
        compliance with section 4212(d) of title 38, United States Code 
        pursuant to this section; and
            (4) any further recommendations regarding additional action 
        (including changes in existing law) which may be necessary to 
        improve compliance with section 4212(d) of title 38, United 
        States Code.
      Sec. 8119. Funds appropriated in title II of this Act for 
supervision and administration costs for facilities maintenance and 
repair, minor construction, or design projects may be obligated at the 
time the reimbursable order is accepted by the performing activity: 
Provided, That for the purpose of this section, supervision and 
administration costs includes all in-house Government cost.
      Sec. 8120. (a) Limitation on Advance Billing.--During fiscal year 
1997, advance billing for services provided or work performed by the 
Defense Business Operations Fund activities of the Department of the 
Navy in excess of $1,000,000,000 is prohibited.
      (b) Revised Rates; Additional Surcharges.--In conjunction with the 
Under Secretary of Defense (Comptroller), the Secretary of the Navy 
shall develop a plan to revise fiscal year 1997 customer rates or 
establish additional surcharges so as to increase revenues to the 
Defense Business Operations Fund by at least an additional $500,000,000 
in executing orders accepted during fiscal year 1997.
      (c) Transfer Authority.--To the extent necessary to comply with 
any rate increase or new surcharge on rates in fiscal year 1997 
established under subsection (b), the Secretary of the Navy shall 
transfer at least $500,000,000, from funds made available under 
subsection (d), into customer accounts of the Navy used to reimburse the 
Defense Business Operations Fund so as to provide customers with 
sufficient resources to pay the increased customer rates and additional 
surcharges. The transfer authority provided by this subsection is in 
addition to other transfer authority provided in this Act. The funds 
transferred shall be merged with and available for the same purposes, 
and for the same time period, as the appropriation to which transferred.
      (d) Source of Funds.--To provide funds for transfer under 
subsection (c), the amounts appropriated elsewhere in this Act for the 
following appropriation accounts are reduced by 2.0 percent: Aircraft 
Procurement, Navy; Weapons Procurement, Navy; Procurement of Ammunition, 
Navy and Marine Corps; Shipbuilding and Conversion, Navy; Other 
Procurement, Navy; and Research, Development, Test and Evaluation, Navy. 
These reductions shall be applied on a pro-rata basis to each line item, 
program element,

[[Page 110 STAT. 3009-115]]

program, project, subproject, and activity within each appropriation 
account.
      Sec. 8121. The Secretary of Defense may waive reimbursement of the 
cost of conferences, seminars, courses of instruction, or similar 
educational activities of the Asia-Pacific Center for Security Studies 
for military officers and civilian officials of foreign nations if the 
Secretary determines that attendance by such personnel, without 
reimbursement, is in the national security interest of the United 
States: Provided, That costs for which reimbursement is waived pursuant 
to this subsection shall be paid from appropriations available for the 
Asia-Pacific Center.
      Sec. 8122. (a) Of the amounts appropriated or otherwise made 
available by this Act for the Department of the Air Force, $2,000,000 
shall be available only for a facility at Lackland Air Force Base, Texas 
to provide comprehensive care and rehabilitation services to children 
with disabilities who are dependents of members of the Armed Forces.
      (b) Subject to subsection (c), the Secretary of the Air Force 
shall grant the funds made available under subsection (a) to the 
Children's Association for Maximum Potential (CAMP) for use by the 
association to defray the costs of designing and constructing the 
facility referred to in subsection (a).
      (c)(1) The Secretary may not make a grant of funds under 
subsection (b) until the Secretary and the association enter into an 
agreement under which the Secretary leases to the association the 
facility to be constructed using the funds.
      (2) The term of the lease under subsection (c)(1) may not be less 
than 25 years.
      (3) The Secretary may require such additional terms and conditions 
in connection with the lease as the Secretary considers appropriate to 
protect the interests of the United States.
      Sec. 8123. None of the funds appropriated by this Act may be 
obligated or expended--
            (1) to reduce the number of units of special operations 
        forces of the Army National Guard during fiscal year 1997;
            (2) to reduce the authorized strength of any such unit below 
        the strength authorized for the unit as of September 30, 1996; 
        or
            (3) to apply any administratively imposed limitation on the 
        assigned strength of any such unit at less than the strength 
        authorized for that unit as of September 30, 1996.
      Sec. 8124. (a) The Secretary of the Army shall ensure that 
solicitations for contracts for unrestricted procurement to be entered 
into using funds appropriated for the Army by this Act include, where 
appropriate, specific goals for subcontracts with small businesses, 
small disadvantaged businesses, and women owned small businesses.
      (b) The Secretary shall ensure that any subcontract entered into 
pursuant to a solicitation referred to in subsection (a) that meets a 
specific goal referred to in that subsection is credited toward the 
overall goal of the Army for subcontracts with the businesses referred 
to in that subsection.
      Sec. 8125. (a) The Secretary of the Air Force and the Director of 
the Office of Personnel Management shall submit a joint report 
describing in detail the benefits, allowances, services, and any other 
forms of assistance which may or shall be provided to any civilian 
employee of the Federal Government or to any private citizen,

[[Page 110 STAT. 3009-116]]

or to the family of such an individual, who is injured or killed while 
traveling on an aircraft owned, leased, chartered, or operated by the 
Government of the United States.
      (b) The report required by subsection (a) above shall be submitted 
to the congressional defense committees and to the Committee on 
Governmental Affairs of the Senate and the Committee on Government 
Reform and Oversight of the House of Representatives not later than 
December 15, 1996.
      Sec. 8126. (a) Not later than March 1, 1997, the Deputy Secretary 
of Defense shall submit to the congressional defense committees a report 
on Department of Defense procurements of propellant raw materials.
      (b) The report shall include the following:
            (1) The projected future requirements of the Department of 
        Defense for propellant raw materials, such as nitrocellulose.
            (2) The capacity, ability, and production cost rates of the 
        national technology and industrial base, including Government-
        owned, contractor-operated facilities, contractor-owned and 
        operated facilities, and Government-owned, Government-operated 
        facilities, for meeting such requirements.
            (3) The national security benefits of preserving in the 
        national technology and industrial base contractor-owned and 
        operated facilities for producing propellant raw materials, 
        including nitrocellulose.
            (4) The extent to which the cost rates for production of 
        nitrocellulose in Government-owned, contractor-operated 
        facilities is lower because of the relationship of those 
        facilities with the Department of Defense than such rates would 
        be without that relationship.
            (5) The advantages and disadvantages of permitting 
        commercial facilities to compete for award of Department of 
        Defense contracts for procurement of propellant raw materials, 
        such as nitrocellulose.
      Sec. 8127. Not later than six months after the date of the 
enactment of this Act, the Secretary of the Air Force shall submit to 
Congress a cost-benefit analysis of consolidating the ground station 
infrastructure of the Air Force that supports polar orbiting satellites.

                      (including transfer of funds)

      Sec. 8128. In addition to the amounts appropriated elsewhere in 
this Act, $100,000,000 is appropriated for defense against weapons of 
mass destruction: Provided, That the funds appropriated under this 
section may be transferred to and merged with funds appropriated 
elsewhere in this Act and that this transfer authority shall be in 
addition to any other transfer authority provided under this Act: 
Provided further, That of the funds made available by this section, 
$10,000,000 shall be transferred to and merged with funds appropriated 
in this Act for ``Procurement, Marine Corps'' and shall be available 
only for the procurement of equipment that enhances the capability of 
the Chemical-Biological Incident Response Force to respond to incidents 
of terrorism.
      Sec. 8129. The Secretary of Defense, in consultation with the 
Secretary of Health and Human Services and the Director of the Office of 
Personnel Management, shall submit a report to the congressional defense 
committees by February 1, 1997 containing recommendations regarding the 
establishment of a demonstration

[[Page 110 STAT. 3009-117]]

program under which covered beneficiaries under chapter 55 of title 10, 
United States Code, who are entitled to benefits under part A of the 
medicare program and who do not have access to TRICARE, would be 
permitted to enroll in a health benefits program offered through the 
Federal Employee Health Benefits Program under chapter 89 of title 5, 
United States Code.
      Sec. 8130. (a) Section 203 of H.R. 3230, the National Defense 
Authorization Act for Fiscal Year 1997, as passed by the Senate on 
September 10, 1996, is hereby amended by repealing section 203(a), 
section 203(c), and section 203(e).
      (b) The amendments made by subsection (a) shall take effect as of 
the date of the enactment of the National Defense Authorization Act for 
Fiscal Year 1997 as if section 203 of such Act had been enacted as so 
amended.
      Sec. 8131. (a) Section 722(c) of the National Defense 
Authorization Act for Fiscal Year <<NOTE: 10 USC 1073 note.>>  1997 is 
amended--
            (1) by striking out paragraph (2);
            (2) by striking out ``(1)''; and
            (3) by redesignating subparagraphs (A) and (B) as paragraphs 
        (1) and (2), respectively.
      (b) <<NOTE: 10 USC 1073 note.>>  The amendments made by subsection 
(a) shall take effect as of the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 1997 as if section 722 of such 
Act had been enacted as so amended.
      Sec. 8132. The Secretary of Defense shall complete a cost/benefit 
analysis on the establishment of a National Missile Defense Joint 
Program Office: Provided, That the Secretary of Defense shall submit a 
report on this analysis to the congressional defense committees no later 
than March 31, 1997: Provided further, That the Department of Defense 
shall take no action to establish any National Missile Defense Joint 
Program Office, to reassign service National Missile Defense roles and 
missions under any National Missile Defense Joint Program Office 
strategy or to relocate people under such a strategy prior to March 31, 
1997.
      Sec. 8133. (a) Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau may permit the use of equipment of 
the National Guard Distance Learning Project by any person or entity on 
a space-available, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for such use on a 
case-by-case basis.
      (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.
      Sec. 8134. Using funds available by this Act or any other Act, the 
Secretary of the Air Force, pursuant to a determination under section 
2690 of title 10, United States Code, may implement cost-effective 
agreements for required heating facility modernization in the 
Kaiserslautern Military Community in the Federal Republic of Germany: 
Provided, That in the City of Kaiserslautern such agreements will 
include the use of United States anthracite as the base load energy for 
municipal district heat to the United States Defense installations: 
Provided further, That at Landstuhl Army Regional Medical Center and 
Ramstein Air Base, furnished heat may be obtained from private, regional 
or municipal services,

[[Page 110 STAT. 3009-118]]

if provisions are included for the consideration of United States coal 
as an energy source.
      Sec. 8135. (a) Section 2867 of the National Defense Authorization 
Act for Fiscal Year 1997 is amended--
            (1) by striking out ``Michael O'Callaghan Military 
        Hospital'' both places it appears in the text of such section 
        and inserting in lieu thereof ``Mike O'Callaghan Federal 
        Hospital''; and
            (2) in the section heading, by striking out ``MICHAEL 
        O'CALLAGHAN MILITARY HOSPITAL'' and inserting in lieu thereof 
        ``MIKE O'CALLAGHAN FEDERAL HOSPITAL''.
      (b) The amendments made by subsection (a) shall take effect as of 
the date of the enactment of the National Defense Authorization Act for 
Fiscal Year 1997 and shall apply as if such amendments had been included 
in section 2867 of such Act when enacted.
      Sec. 8136. (a) In addition to any other reductions required by 
this Act, the following funds are hereby reduced from the following 
accounts in title IV of this Act in the specified amounts:
            ``Research, Development, Test and Evaluation, Army'', 
        $101,257,000;
            ``Research, Development, Test and Evaluation, Navy'', 
        $164,179,000;
            ``Research, Development, Test and Evaluation, Air Force'', 
        $289,992,000;
            ``Research, Development, Test and Evaluation, Defense-
        Wide'', $119,483,000; and
            ``Developmental Test and Evaluation, Defense'', $5,641,000.
      (b) The reductions taken pursuant to subsection (a) shall be 
applied on a pro-rata basis by subproject within each R-1 program 
element as modified by this Act, except that no reduction may be taken 
against the funds made available to the Department of Defense for 
Ballistic Missile Defense.
      (c) Unless expressly exempted by subsection (b), each program 
element, program, project, subproject, and activity funded by title IV 
of this Act shall be allocated a pro-rata share of any of the reductions 
made by this section.
      (d) Not later than 60 days after enactment of this Act, the 
Secretary of Defense shall submit to the Congressional defense 
committees a report listing the specific funding reductions allocated to 
each category listed in subsection (c) above pursuant to this section.
      Sec. 8137. In addition to amounts appropriated or otherwise made 
available in this Act, $230,680,000 is hereby appropriated to the 
Department of Defense for anti-terrorism, counter-terrorism, and 
security enhancement programs and activities, as follows:
            ``Operation and Maintenance, Army'', $15,249,000;
            ``Operation and Maintenance, Navy'', $23,956,000;
            ``Operation and Maintenance, Marine Corps'', $600,000;
            ``Operation and Maintenance, Air Force'', $10,750,000;
            ``Operation and Maintenance, Defense-Wide'', $29,534,000;
            ``Operation and Maintenance, Navy Reserve'', $517,000;
            ``Other Procurement, Army'', $5,252,000;
            ``Other Procurement, Air Force'', $101,472,000;
            ``Procurement, Defense-Wide'', $35,350,000;
            ``Research, Development, Test and Evaluation, Defense-
        Wide'', $8,000,000:

Provided, That such amounts in their entirety are designated by Congress 
as an emergency requirement pursuant to section

[[Page 110 STAT. 3009-119]]

251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended; Provided further, That funds appropriated in this 
section, or made available by transfer of such funds, for programs and 
activities of the Central Intelligence Agency shall remain available 
until September 30, 1997; Provided further, That funds appropriated in 
this section or made available by transfer of such funds, to any 
intelligence agency or activity of the United States Government shall be 
deemed to be specifically authorized by the Congress for purposes of 
section 504 of the National Security Act of 1947 (50 U.S.C. 414).
      Sec. 8138. Of the amounts provided in Titles I though VIII of this 
Act, $230,680,000 are permanently canceled: Provided, That the Secretary 
of Defense shall allocate the amount of budgetary resources canceled by 
this section on a pro-rata basis among each budget activity, activity 
group and subactivity group and each program, project or activity within 
each appropriations account.
      Titles I <<NOTE: Short title.>>  through VIII of this Act may be 
cited as the ``Department of Defense Appropriations Act, 1997''.

 TITLE IX--FISCAL YEAR 1996 SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS 
    FOR ANTI-TERRORISM, COUNTER-TERRORISM, AND SECURITY ENHANCEMENT 
                               ACTIVITIES

      The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, to provide emergency supplemental 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 1996, namely:

                     DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

      For an additional amount for ``Military Personnel, Army'', 
$4,800,000: Provided, That such amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                      Military Personnel, Air Force

      For an additional amount for ``Military Personnel, Air Force'', 
$4,000,000: Provided, That such amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

      For an additional amount for ``Operation and Maintenance, Army'', 
$21,200,000, to remain available until September 30, 1997:

[[Page 110 STAT. 3009-120]]

Provided, That such amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended.

                  Operation and Maintenance, Air Force

      For an additional amount for ``Operation and Maintenance, Air 
Force'', $67,400,000, to remain available until September 30, 1997: 
Provided, That such amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided further, 
That these funds may be used to liquidate obligations incurred by the 
Air Force during fiscal year 1996 for costs incurred under the authority 
of the Feed and Forage Act (41 U.S.C. 11).

                               PROCUREMENT

                         Other Procurement, Army

      For an additional amount for ``Other Procurement, Army'', 
$11,600,000, to remain available until September 30, 1998: Provided, 
That such amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

                      Other Procurement, Air Force

      For an additional amount for ``Other Procurement, Air Force'', 
$13,600,000, to remain available until September 30, 1998: Provided, 
That such amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

                           GENERAL PROVISIONS

                              (rescissions)

      Sec. 9001. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded, as of the 
date of enactment of this Act, from the following accounts in the 
specified amounts:
          ``Procurement of Ammunition, Army, 1994/1996'', $1,000,000;
          ``Other Procurement, Army, 1994/1996'', $6,000,000;
          ``Research, Development, Test and Evaluation, Army, 1995/
        1996'', $2,055,000;
          ``Aircraft Procurement, Navy, 1994/1996'', $10,157,000;
          ``Weapons Procurement, Navy, 1994/1996'', $10,688,000;
          ``Other Procurement, Navy, 1994/1996'', $4,000,000;
          ``Research, Development, Test and Evaluation, Navy, 1995/
        1996'', $6,909,000;
          ``Aircraft Procurement, Air Force, 1994/1996'', $18,771,000;
          ``Missile Procurement, Air Force, 1994/1996'', $10,156,000;
          ``Other Procurement, Air Force, 1994/1996'', $14,395,000;
          ``Research, Development, Test and Evaluation, Air Force, 1995/
        1996'', $4,918,000;
          ``Procurement, Defense-Wide, 1994/1996'', $9,954,000;

[[Page 110 STAT. 3009-121]]

          ``Research, Development, Test and Evaluation, Defense-Wide, 
        1995/1996'', $23,597,000.
      Sec. 9002. Funds appropriated by this title, or made available by 
transfer of such funds, for programs and activities of the Central 
Intelligence Agency shall remain available until September 30, 1997: 
Provided, That funds appropriated by this title, or made available by 
transfer of such funds, to any intelligence agency or intelligence 
activity of the United States Government shall be deemed to be 
specifically authorized by the Congress for purposes of section 504 of 
the National Security Act of 1947 (50 U.S.C. 414).
      (c) For programs, projects or activities in the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1997, provided as follows, to be effective as if it had been enacted 
into law as the regular appropriations Act:

                                 AN ACT

Making appropriations for the foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 1997, and for 
                             other purposes.

TITLE <<NOTE: Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1997.3Post, p. 3009-172.>>  I--EXPORT AND INVESTMENT 
ASSISTANCE

                 export-import bank of the united states

      The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation: Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country other than a nuclear-
weapon State as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act that has detonated a nuclear 
explosive after the date of enactment of this Act.

                          subsidy appropriation

      For the cost of direct loans, loan guarantees, insurance, and 
tied-aid grants as authorized by section 10 of the Export-Import Bank 
Act of 1945, as amended, $726,000,000 to remain available until 
September 30, 1998: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That such sums shall 
remain available until 2012 for the disbursement of direct loans, loan 
guarantees, insurance and tied-aid grants obligated in fiscal years 1997 
and 1998: Provided further, That up to $50,000,000 of funds appropriated 
by this paragraph shall remain available until expended and may be used 
for tied-aid grant purposes: Provided further, That none of the funds 
appropriated by this paragraph may be used for tied-aid credits or 
grants except through the regular notification procedures of the 
Committees on Appropriations: Provided further, That funds appropriated 
by this paragraph are made available notwithstanding section

[[Page 110 STAT. 3009-122]]

2(b)(2) of the Export-Import Bank Act of 1945, in connection with the 
purchase or lease of any product by any East European country, any 
Baltic State, or any agency or national thereof.

                         administrative expenses

      For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs (to be computed on an accrual basis), 
including hire of passenger motor vehicles and services as authorized by 
5 U.S.C. 3109, and not to exceed $20,000 for official reception and 
representation expenses for members of the Board of Directors, 
$46,614,000: Provided, That necessary expenses (including special 
services performed on a contract or fee basis, but not including other 
personal services) in connection with the collection of moneys owed the 
Export-Import Bank, repossession or sale of pledged collateral or other 
assets acquired by the Export-Import Bank in satisfaction of moneys owed 
the Export-Import Bank, or the investigation or appraisal of any 
property, or the evaluation of the legal or technical aspects of any 
transaction for which an application for a loan, guarantee or insurance 
commitment has been made, shall be considered nonadministrative expenses 
for the purposes of this heading: Provided further, That, effective July 
21, 1997, notwithstanding any other provision of law, none of the funds 
made available by this or any other Act may be made available to 
compensate the incumbent Chairman and President of the Export-Import 
Bank Provided further, That, <<NOTE: 12 USC 635a note.>> notwithstanding 
subsection (b) of section 117 of the Export Enhancement Act of 1992, 
subsection (a) thereof shall remain in effect until October 1, 1997.

                 overseas private investment corporation

                            noncredit account

      The Overseas Private Investment Corporation is authorized to make, 
without regard to fiscal year limitations, as provided by 31 U.S.C. 
9104, such expenditures and commitments within the limits of funds 
available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to carry 
out the credit and insurance programs (including an amount for official 
reception and representation expenses which shall not exceed $35,000) 
shall not exceed $32,000,000: Provided further, That project-specific 
transaction costs, including direct and indirect costs incurred in 
claims settlements, and other direct costs associated with services 
provided to specific investors or potential investors pursuant to 
section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.

                             program account

      For the cost of direct and guaranteed loans, $72,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That such sums shall be available for direct 
loan obligations and loan guaranty commitments incurred or made during 
fiscal years 1997 and 1998: Provided further, That such sums shall 
remain available through fiscal year 2005 for

[[Page 110 STAT. 3009-123]]

the disbursement of direct and guaranteed loans obligated in fiscal year 
1997, and through fiscal year 2006 for the disbursement of direct and 
guaranteed loans obligated in fiscal year 1998: Provided further, That 
section 235(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2195(a)(3)) is amended by striking out ``1996'' and inserting in lieu 
thereof ``1997'' and, notwithstanding section 235(a)(1) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2195(a)(1)), the maximum contingent 
liability of issuing authority for insurance and financing shall not in 
the aggregate exceed the amounts provided in section 235(a)(1) and (2) 
of that Act. In addition, such sums as may be necessary for 
administrative expenses to carry out the credit program may be derived 
from amounts available for administrative expenses to carry out the 
credit and insurance programs in the Overseas Private Investment 
Corporation Noncredit Account and merged with said account.

                   Funds Appropriated to the President

                      trade and development agency

      For necessary expenses to carry out the provisions of section 661 
of the Foreign Assistance Act of 1961, $40,000,000: Provided, That the 
Trade and Development Agency may receive reimbursements from 
corporations and other entities for the costs of grants for feasibility 
studies and other project planning services, to be deposited as an 
offsetting collection to this account and to be available for obligation 
until September 30, 1998, for necessary expenses under this paragraph: 
Provided further, That such reimbursements shall not cover, or be 
allocated against, direct or indirect administrative costs of the 
agency.

                 TITLE II--BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

      For expenses necessary to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 1997, unless otherwise 
specified herein, as follows:

                  agency for international development

                child survival and disease programs fund

      For necessary expenses to carry out the provisions of part I and 
chapter 4 of part II of the Foreign Assistance Act of 1961, for child 
survival, basic education, assistance to combat tropical and other 
diseases, and related activities, in addition to funds otherwise 
available for such purposes, $600,000,000, to remain available until 
expended: Provided, That this amount shall be made available for such 
activities as (1) immunization programs, (2) oral rehydration programs, 
(3) health and nutrition programs, and related education programs, which 
address the needs of mothers and children, (4) water and sanitation 
programs, (5) assistance for displaced and orphaned children, (6) 
programs for the prevention, treatment, and control of, and research on, 
tuberculosis, HIV/AIDS, polio, malaria and other diseases, (7) not to 
exceed $98,000,000 for basic education programs for children, and (8) a 
contribution on a grant basis to the United Nations Children's

[[Page 110 STAT. 3009-124]]

Fund (UNICEF) pursuant to section 301 of the Foreign Assistance Act of 
1961.

                         development assistance

                      (including transfer of funds)

      For necessary expenses to carry out the provisions of sections 103 
through 106 and chapter 10 of part I of the Foreign Assistance Act of 
1961, title V of the International Security and Development Cooperation 
Act of 1980 (Public Law 96-533) and the provisions of section 401 of the 
Foreign Assistance Act of 1969, $1,181,500,000, to remain available 
until September 30, 1998: Provided, That of the amount appropriated 
under this heading, up to $20,000,000 may be made available for the 
Inter-American Foundation and shall be apportioned directly to that 
agency: Provided further, That of the amount appropriated under this 
heading, up to $11,500,000 may be made available for the African 
Development Foundation and shall be apportioned directly to that agency: 
Provided further, That of the funds appropriated under title II of this 
Act that are administered by the Agency for International Development 
and made available for family planning assistance, not less than 65 
percent shall be made available directly to the agency's central Office 
of Population and shall be programmed by that office for family planning 
activities: Provided further, That of the funds appropriated under this 
heading and under the heading ``Child Survival and Disease Programs 
Fund'' that are made available by the Agency for International 
Development for development assistance activities, the amount made 
available to carry out chapter 10 of part I of the Foreign Assistance 
Act of 1961 (relating to the Development Fund for Africa) and the amount 
made available for activities in the Latin America and Caribbean region 
should be in at least the same proportion as the amount identified in 
the fiscal year 1997 draft congressional presentation document for 
development assistance for each such region is to the total amount 
requested for development assistance for such fiscal year: Provided 
further, That funds appropriated under this heading may be made 
available, notwithstanding any other provision of law except section 515 
of this Act, to assist Vietnam to reform its trade regime (such as 
through reform of its commercial and investment legal codes): Provided 
further, That none of the funds made available in this Act nor any 
unobligated balances from prior appropriations may be made available to 
any organization or program which, as determined by the President of the 
United States, supports or participates in the management of a program 
of coercive abortion or involuntary sterilization: Provided further, 
That none of the funds made available under this heading may be used to 
pay for the performance of abortion as a method of family planning or to 
motivate or coerce any person to practice abortions; and that in order 
to reduce reliance on abortion in developing nations, funds shall be 
available only to voluntary family planning projects which offer, either 
directly or through referral to, or information about access to, a broad 
range of family planning methods and services: Provided further, That in 
awarding grants for natural family planning under section 104 of the 
Foreign Assistance Act of 1961 no applicant shall be discriminated 
against because of such applicant's religious or conscientious 
commitment to offer only natural family planning; and, additionally, all 
such applicants shall comply with

[[Page 110 STAT. 3009-125]]

the requirements of the previous proviso: Provided further, That for 
purposes of this or any other Act authorizing or appropriating funds for 
foreign operations, export financing, and related programs, the term 
``motivate'', as it relates to family planning assistance, shall not be 
construed to prohibit the provision, consistent with local law, of 
information or counseling about all pregnancy options: Provided further, 
That nothing in this paragraph shall be construed to alter any existing 
statutory prohibitions against abortion under section 104 of the Foreign 
Assistance Act of 1961: Provided further, That, notwithstanding section 
109 of the Foreign Assistance Act of 1961, of the funds appropriated 
under this heading in this Act, and of the unobligated balances of funds 
previously appropriated under this heading, up to $17,500,000 may be 
transferred to ``International Organizations and Programs'' for a 
contribution to the International Fund for Agricultural Development 
(IFAD), and that any such transfer of funds shall be subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That of the funds appropriated under this heading that 
are made available for assistance programs for displaced and orphaned 
children and victims of war, not to exceed $25,000, in addition to funds 
otherwise available for such purposes, may be used to monitor and 
provide oversight of such programs: Provided further, That not less than 
$500,000 of the funds made available under this heading shall be 
available only for support of the United States Telecommunications 
Training Institute.

                                 cyprus

      Of the funds appropriated under the headings ``Development 
Assistance'' and ``Economic Support Fund'', not less than $15,000,000 
shall be made available for Cyprus to be used only for scholarships, 
administrative support of the scholarship program, bicommunal projects, 
and measures aimed at reunification of the island and designed to reduce 
tensions and promote peace and cooperation between the two communities 
on Cyprus.

                                  burma

      Of the funds appropriated by this Act to carry out the provisions 
of chapter 4 of part II of the Foreign Assistance Act of 1961, not less 
than $2,500,000 shall be made available to support activities in Burma, 
along the Burma-Thailand border, and for activities of Burmese student 
groups and other organizations located outside Burma, for the purposes 
of fostering democracy in Burma, supporting the provision of medical 
supplies and other humanitarian assistance to Burmese located in Burma 
or displaced Burmese along the borders, and for other purposes: 
Provided, That of this amount, not less than $200,000 shall be made 
available to support newspapers, publications, and other media 
activities promoting democracy inside Burma: Provided further, That 
funds made available under this heading may be made available 
notwithstanding any other provision of law: Provided further, That 
provision of such funds shall be made available subject to the regular 
notification procedures of the Committees on Appropriations.

[[Page 110 STAT. 3009-126]]

                   private and voluntary organizations

      None of the funds <<NOTE: 22 USC 2151u note.>> appropriated or 
otherwise made available by this Act for development assistance may be 
made available to any United States private and voluntary organization, 
except any cooperative development organization, which obtains less than 
20 per centum of its total annual funding for international activities 
from sources other than the United States Government: Provided, That the 
requirements of the provisions of section 123(g) of the Foreign 
Assistance Act of 1961 and the provisions on private and voluntary 
organizations in title II of the ``Foreign Assistance and Related 
Programs Appropriations Act, 1985'' (as enacted in Public Law 98-473) 
shall be superseded by the provisions of this section, except that the 
authority contained in the last sentence of section 123(g) may be 
exercised by the Administrator with regard to the requirements of this 
paragraph.
      Funds appropriated or otherwise made available under title II of 
this Act should be made available to private and voluntary organizations 
at a level which is equivalent to the level provided in fiscal year 
1995. Such private and voluntary organizations shall include those which 
operate on a not-for-profit basis, receive contributions from private 
sources, receive voluntary support from the public and are deemed to be 
among the most cost-effective and successful providers of development 
assistance.

                    international disaster assistance

      For necessary expenses for international disaster relief, 
rehabilitation, and reconstruction assistance pursuant to section 491 of 
the Foreign Assistance Act of 1961, as amended, $190,000,000, to remain 
available until expended.

                           debt restructuring

      For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of modifying direct loans and loan guarantees, as 
the President may determine, for which funds have been appropriated or 
otherwise made available for programs within the International Affairs 
Budget Function 150, including the cost of selling, reducing, or 
canceling amounts, through debt buybacks and
swaps, owed to the United States as a result of concessional loans made 
to eligible Latin American and Caribbean countries, pursuant to part IV 
of the Foreign Assistance Act of 1961, and of modifying concessional 
loans authorized under title I of the Agricultural Trade Development and 
Assistance Act of 1954, as amended, as authorized under subsection (a) 
under the heading ``Debt Reduction for Jordan'' in title VI of Public 
Law 103-306; $27,000,000, to remain available until expended: Provided, 
That none of the funds appropriated under this heading shall be 
obligated except as provided through the regular notification procedures 
of the Committees on Appropriations.

         micro and small enterprise development program account

      For the cost of direct loans and loan guarantees, $1,500,000, as 
authorized by section 108 of the Foreign Assistance Act of 1961, as 
amended: Provided, That such costs shall be as defined in section 502 of 
the Congressional Budget Act of 1974: Provided further, That guarantees 
of loans made under this heading in support

[[Page 110 STAT. 3009-127]]

of microenterprise activities may guarantee up to 70 percent of the 
principal amount of any such loans notwithstanding section 108 of the 
Foreign Assistance Act of 1961. In addition, for administrative expenses 
to carry out programs under this heading, $500,000, all of which may be 
transferred to and merged with the appropriation for Operating Expenses 
of the Agency for International Development: Provided further, That 
funds made available under this heading shall remain available until 
September 30, 1998.

                    housing guaranty program account

      For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of guaranteed loans authorized by sections 221 and 
222 of the Foreign Assistance Act of 1961, $3,500,000, to remain 
available until September 30, 1998: Provided, That these funds are 
available to subsidize loan principal, 100 percent of which shall be 
guaranteed, pursuant to the authority of such sections. In addition, for 
administrative expenses to carry out guaranteed loan programs, 
$6,000,000, all of which may be transferred to and merged with the 
appropriation for Operating Expenses of the Agency for International 
Development: Provided further, That commitments to guarantee loans under 
this heading may be entered into notwithstanding the second and third 
sentences of section 222(a) and, with regard to programs for Central and 
Eastern Europe and programs for the benefit of South Africans 
disadvantaged by apartheid, section 223(j) of the Foreign Assistance Act 
of 1961.

      payment to the foreign service retirement and disability fund

      For payment to the ``Foreign Service Retirement and Disability 
Fund'', as authorized by the Foreign Service Act of 1980, $43,826,000.

     operating expenses of the agency for international development

      For necessary expenses to carry out the provisions of section 667, 
$470,750,000: Provided, That none of the funds appropriated by this Act 
for programs administered by the Agency for International Development 
may be used to finance printing costs of any report or study (except 
feasibility, design, or evaluation reports or studies) in excess of 
$25,000 without the approval of the Administrator of the Agency or the 
Administrator's designee.

operating expenses of the agency for international development office of 
                            inspector general

      For necessary expenses to carry out the provisions of section 667, 
$30,000,000, to remain available until September 30, 1998, which sum 
shall be available for the Office of the Inspector General of the Agency 
for International Development.

[[Page 110 STAT. 3009-128]]

                   Other Bilateral Economic Assistance

                          economic support fund

      For necessary expenses to carry out the provisions of chapter 4 of 
part II, $2,343,000,000, to remain available until September 30, 1998: 
Provided, That of the funds appropriated under this heading, not less 
than $1,200,000,000 shall be available only for Israel, which sum shall 
be available on a grant basis as a cash transfer and shall be disbursed 
within thirty days of enactment of this Act or by October 31, 1996, 
whichever is later: Provided further, That not less than $815,000,000 
shall be available only for Egypt, which sum shall be provided on a 
grant basis, and of which sum cash transfer assistance may be provided, 
with the understanding that Egypt will undertake significant economic 
reforms which are additional to those which were undertaken in previous 
fiscal years, and of which not less than $200,000,000 shall be provided 
as Commodity Import Program assistance: Provided further, That in 
exercising the authority to provide cash transfer assistance for Israel 
and Egypt, the President shall ensure that the level of such assistance 
does not cause an adverse impact on the total level of nonmilitary 
exports from the United States to each such country: Provided further, 
That it is the sense of the Congress that the recommended levels of 
assistance for Egypt and Israel are based in great measure upon their 
continued participation in the Camp David Accords and upon the Egyptian-
Israeli peace treaty: Provided further, That none of the funds 
appropriated under this heading shall be made available for Zaire.

                     international fund for ireland

      For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $19,600,000, which shall 
be available for the United States contribution to the International 
Fund for Ireland and shall be made available in accordance with the 
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 
99-415): Provided, That such amount shall be expended at the minimum 
rate necessary to make timely payment for projects and activities: 
Provided further, That funds made available under this heading shall 
remain available until September 30, 1998.

           assistance for eastern europe and the baltic states

      (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989, $475,000,000, to remain available until 
September 30, 1998, which shall be available, notwithstanding any other 
provision of law, for economic assistance and for related programs for 
Eastern Europe and the Baltic States.
      (b) Funds appropriated under this heading or in prior 
appropriations Acts that are or have been made available for an 
Enterprise Fund may be deposited by such Fund in interest-bearing 
accounts prior to the Fund's disbursement of such funds for program 
purposes. The Fund may retain for such program purposes any interest 
earned on such deposits without returning such interest to the Treasury 
of the United States and without further appropriation by the Congress. 
Funds made available for Enterprise Funds

[[Page 110 STAT. 3009-129]]

shall be expended at the minimum rate necessary to make timely payment 
for projects and activities.
      (c) Funds appropriated under this heading shall be considered to 
be economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained in 
that Act for the use of economic assistance.
      (d) None of the funds appropriated under this heading may be made 
available for new housing construction or repair or reconstruction of 
existing housing in Bosnia and Herzegovina unless directly related to 
the efforts of United States troops to promote peace in said country.
      (e) With regard to funds appropriated or otherwise made available 
under this heading for the economic revitalization program in Bosnia and 
Herzegovina, and local currencies generated by such funds (including the 
conversion of funds appropriated under this heading into currency used 
by Bosnia and Herzegovina as local currency and local currency returned 
or repaid under such program)--
            (1) the Administrator of the Agency for International 
        Development shall provide written approval for grants and loans 
        prior to the obligation and expenditure of funds for such 
        purposes, and prior to the use of funds that have been returned 
        or repaid to any lending facility or grantee; and
            (2) the provisions of section 531 of this Act shall apply.
      (f) With regard to funds appropriated under this heading that are 
made available for economic revitalization programs in Bosnia and 
Herzegovina, 50 percent of such funds shall not be available for 
obligation unless the President determines and certifies to the 
Committees on Appropriations that the Federation of Bosnia and 
Herzegovina has complied with article III of annex 1-A of the General 
Framework Agreement for Peace in Bosnia and Herzegovina concerning the 
withdrawal of foreign forces, and that intelligence cooperation on 
training, investigations, and related activities between Iranian 
officials and Bosnian officials has been terminated.

  assistance for the new independent states of the former soviet union

      (a) For necessary expenses to carry out the provisions of chapter 
11 of part I of the Foreign Assistance Act of 1961 and the FREEDOM 
Support Act, for assistance for the new independent states of the former 
Soviet Union and for related programs, $625,000,000, to remain available 
until September 30, 1998: Provided, That the provisions of such chapter 
shall apply to funds appropriated by this paragraph.
      (b) None of the funds appropriated under this heading shall be 
transferred to the Government of Russia--
            (1) unless that Government is making progress in 
        implementing comprehensive economic reforms based on market 
        principles, private ownership, negotiating repayment of 
        commercial debt, respect for commercial contracts, and equitable 
        treatment of foreign private investment; and
            (2) if that Government applies or transfers United States 
        assistance to any entity for the purpose of expropriating or 
        seizing ownership or control of assets, investments, or 
        ventures.
      (c) Funds may be furnished without regard to subsection (b) if the 
President determines that to do so is in the national interest.

[[Page 110 STAT. 3009-130]]

      (d) None of <<NOTE: 22 USC 5814 note.>>  the funds appropriated 
under this heading shall be made available to any government of the new 
independent states of the former Soviet Union if that government directs 
any action in violation of the territorial integrity or national 
sovereignty of any other new independent state, such as those violations 
included in the Helsinki Final Act: Provided, That such funds may be 
made available without regard to the restriction in this subsection if 
the President determines that to do so is in the national security 
interest of the United States: Provided further, That the restriction of 
this subsection shall not apply to the use of such funds for the 
provision of assistance for purposes of humanitarian, disaster and 
refugee relief.
      (e) None of the funds appropriated under this heading for the new 
independent states of the former Soviet Union shall be made available 
for any state to enhance its military capability: Provided, That 
restriction does not apply to demilitarization or nonproliferation 
programs.
      (f) Funds appropriated under this heading shall be subject to the 
regular notification procedures of the Committees on Appropriations.
      (g) Funds made available in this Act for assistance to the new 
independent states of the former Soviet Union shall be subject to the 
provisions of section 117 (relating to environment and natural 
resources) of the Foreign Assistance Act of 1961.
      (h)(1) Of the funds appropriated under title II of this Act, 
including funds appropriated under this heading, not less than 
$10,000,000 shall be available only for assistance for Mongolia, of 
which amount not less than $6,000,000 shall be available only for the 
Mongolian energy sector.
      (2) Funds made available for assistance for Mongolia may be made 
available in accordance with the purposes and utilizing the authorities 
provided in chapter 11 of part I of the Foreign Assistance Act of 1961.
      (i) Funds made available in this Act for assistance to the New 
Independent States of the former Soviet Union shall be provided to the 
maximum extent feasible through the private sector, including small- and 
medium-size businesses, entrepreneurs, and others with indigenous 
private enterprises in the region, intermediary development 
organizations committed to private enterprise, and private voluntary 
organizations: Provided, That grantees and contractors should, to the 
maximum extent possible, place in key staff positions specialists with 
prior on the ground expertise in the region of activity and fluency in 
one of the local languages.
      (j) In issuing new task orders, entering into contracts, or making 
grants, with funds appropriated under this heading or in prior 
appropriations Acts, for projects or activities that have as one of 
their primary purposes the fostering of private sector development, the 
Coordinator for United States Assistance to the New Independent States 
and the implementing agency shall encourage the participation of and 
give significant weight to contractors and grantees who propose 
investing a significant amount of their own resources (including 
volunteer services and in-kind contributions) in such projects and 
activities.
      (k) Of the funds made available under this heading, not less than 
$225,000,000 shall be made available for Ukraine, of which funds not 
less than $25,000,000 shall be made available to carry out United States 
decommissioning obligations regarding the

[[Page 110 STAT. 3009-131]]

Chornobyl plant made in the Memorandum of Understanding between the 
Government of Ukraine and the G-7 Group: Provided, That not less than 
$35,000,000 shall be made available for agricultural projects, including 
those undertaken through the Food Systems Restructuring Program, which 
leverage private sector resources with United States Government 
assistance: Provided further, That $5,000,000 shall be available for a 
small business incubator project: Provided further, That $5,000,000 
shall be made available for screening and treatment of childhood mental 
and physical illnesses related to Chornobyl radiation: Provided further, 
That $5,000,000 shall be available only for a land and resource 
management institute to identify nuclear contamination at Chornobyl: 
Provided further, That $15,000,000 shall be available for the legal 
restructuring necessary to support a decentralized market-oriented 
economic system, including enactment of necessary substantive commercial 
law, implementation of reforms necessary to establish an independent 
judiciary and bar, legal education for judges, attorneys, and law 
students, and education of the public designed to promote understanding 
of a law-based economy.
      (l) Of the funds made available for Ukraine, under this Act and 
Public Law 104-107, not less than $50,000,000 shall be made available to 
improve safety at nuclear reactors: Provided, That of this amount 
$20,000,000 shall be provided for the purchase and installation of, and 
training for, safety parameter display or control systems at all 
operational nuclear reactors: Provided further, That of this amount, 
$20,000,000 shall be made available for the purchase, construction, 
installation and training for Full Scope and Analytical/Engineering 
simulators: Provided further, That of this amount funds shall be made 
available to conduct Safety Analysis Reports at all operational nuclear 
reactors.
      (m) Of the funds made available by this Act, not less than 
$95,000,000 shall be made available for Armenia.
      (n) Funds appropriated under this heading or in prior 
appropriations Acts that are or have been made available for an 
Enterprise Fund may be deposited by such Fund in interest-bearing 
accounts prior to the disbursement of such funds by the Fund for program 
purposes. The Fund may retain for such program proposes any interest 
earned on such deposits without returning such interest to the Treasury 
of the United States and without further appropriation by the Congress. 
Funds made available for Enterprise Funds shall be expended at the 
minimum rate necessary to make timely payment for projects and 
activities.
      (o)(1) None of the funds appropriated under this heading may be 
made available for Russia unless the President determines and certifies 
in writing to the Committees on Appropriations that the Government of 
Russia has terminated implementation of arrangements to provide Iran 
with technical expertise, training, technology, or equipment necessary 
to develop a nuclear reactor or related nuclear research facilities or 
programs.
      (2) Paragraph (1) shall not apply if the President determines that 
making such funds available is important to the national security 
interest of the United States. Any such determination shall cease to be 
effective six months after being made unless the President determines 
that its continuation is important to the national security interest of 
the United States.

[[Page 110 STAT. 3009-132]]

      (p) Of the funds made available under this heading, not less than 
$10,000,000 shall be made available for a United States contribution to 
the Trans-Caucasus Enterprise Fund: Provided, That to further the 
development of the private sector in the Trans-Caucasus, such amount and 
amounts appropriated for purposes of subsection (t) under the heading 
``Assistance for the New Independent States of the Former Soviet Union'' 
in Public Law 104-107 may be invested in a Trans-Caucasus Enterprise 
Fund or, notwithstanding the provisions of such subsection, invested in 
other funds established by public or private organizations, or 
transferred to the Overseas Private Investment Corporation to be 
available, subject to the requirements of the Federal Credit Reform Act, 
to subsidize the costs of direct and guaranteed loans.
      (q)(1) Funds appropriated under this heading may not be made 
available for the Government of Ukraine if the President determines and 
reports to the Committees on Appropriations that the Government of 
Ukraine is engaged in military cooperation with the Government of Libya.
      (2) Paragraph (1) shall not apply if the President determines that 
making such funds available is important to the national security 
interest of the United States. Any such determination shall cease to be 
effective six months after being made unless the President determines 
that its continuation is important to the national security interest of 
the United States.
      (r) Of the funds appropriated under this heading, not less than 
$15,000,000 should be available only for a family planning program for 
the New Independent States of the former Soviet Union comparable to the 
family planning program currently administered by the Agency for 
International Development in the Central Asian Republics and focusing on 
population assistance which provides an alternative to abortion.
      (s) Funds made available under this Act or any other Act (other 
than assistance under title V of the FREEDOM Support Act and section 
1424 of the ``National Defense Authorization Act for Fiscal Year 1997'') 
may not be provided for assistance to the Government of Azerbaijan until 
the President determines, and so reports to the Congress, that the 
Government of Azerbaijan is taking demonstrable steps to cease all 
blockades and other offensive uses of force against Armenia and Nagorno-
Karabakh.
      (t) Of the funds appropriated under this heading, not less than 
$2,500,000 shall be made available for the American-Russian Center.

                           Independent Agency

                               peace corps

      For expenses necessary to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), $208,000,000, including the purchase of not to 
exceed five passenger motor vehicles for administrative purposes for use 
outside of the United States: Provided, That none of the funds 
appropriated under this heading shall be used to pay for abortions: 
Provided further, That funds appropriated under this heading shall 
remain available until September 30, 1998.

[[Page 110 STAT. 3009-133]]

                           Department of State

                     international narcotics control

      For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $213,000,000: Provided, That during fiscal year 
1997, the Department of State may also use the authority of section 608 
of the Foreign Assistance Act of 1961, without regard to its 
restrictions, to receive non-lethal excess property from an agency of 
the United States Government for the purpose of providing it to a 
foreign country under chapter 8 of part I of that Act subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That none of the funds made available under this 
heading may be provided to any unit of the security forces of a foreign 
country if the Secretary of State has credible evidence to believe such 
unit has committed gross violations of human rights unless the Secretary 
determines and reports to the Committees on Appropriations that the 
government of such country is taking steps to bring the responsible 
members of the security forces unit to justice.

                    migration and refugee assistance

      For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses of 
personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 5, 
United States Code; purchase and hire of passenger motor vehicles; and 
services as authorized by section 3109 of title 5, United States Code, 
$650,000,000: Provided, That not more than $12,000,000 shall be 
available for administrative expenses: Provided further, That not less 
than $80,000,000 shall be made available for refugees from the former 
Soviet Union and Eastern Europe and other refugees resettling in Israel.

                     refugee resettlement assistance

      For necessary expenses for the targeted assistance program 
authorized by title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980 and 
administered by the Office of Refugee Resettlement of the Department of 
Health and Human Services, in addition to amounts otherwise available 
for such purposes, $5,000,000.

      united states emergency refugee and migration assistance fund

      For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 260(c)), $50,000,000, to remain available until expended: 
Provided, That the funds made available under this heading are 
appropriated notwithstanding the provisions contained in section 2(c)(2) 
of the Migration and Refugee Assistance Act

[[Page 110 STAT. 3009-134]]

of 1962 which would limit the amount of funds which could be 
appropriated for this purpose.

     nonproliferation, anti-terrorism, demining and related programs

      For necessary expenses for nonproliferation, anti-terrorism and 
related programs and activities, $133,000,000, to carry out the 
provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 
for anti-terrorism assistance, section 504 of the FREEDOM Support Act 
for the Nonproliferation and Disarmament Fund, section 23 of the Arms 
Export Control Act for demining activities, notwithstanding any other 
provision of law, including activities implemented through 
nongovernmental and international organizations, section 301 of the 
Foreign Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA) and a voluntary contribution 
to the Korean Peninsula Energy Development Organization (KEDO), and for 
the acquisition and provision of goods and services, or for grants to 
Israel necessary to support the eradication of terrorism in and around 
Israel: Provided, That of this amount not to exceed $15,000,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided further, That 
such funds may also be used for such countries other than the new 
independent states of the former Soviet Union and international 
organizations when it is in the national security interest of the United 
States to do so: Provided further, That such funds shall be subject to 
the regular notification procedures of the Committees on Appropriations: 
Provided further, That funds appropriated under this heading may be made 
available for the International Atomic Energy Agency only if the 
Secretary of State determines (and so reports to the Congress) that 
Israel is not being denied its right to participate in the activities of 
that Agency: Provided further, That not to exceed $25,000,000 may be 
made available to the Korean Peninsula Energy Development Organization 
(KEDO) only for the administrative expenses and heavy fuel oil costs 
associated with the Agreed Framework: Provided further, That such funds 
may be obligated to KEDO only if, prior to such obligation of funds, the 
President certifies and so reports to Congress that (1)(A) the United 
States is taking steps to assure that progress is made on the 
implementation of the January 1, 1992, Joint Declaration on the 
Denuclearization of the Korean Peninsula and the implementation of the 
North-South dialogue, and (B) North Korea is complying with the other 
provisions of the Agreed Framework between North Korea and the United 
States and with the Confidential Minute; (2) North Korea is cooperating 
fully in the canning and safe storage of all spent fuel from its 
graphite-moderated nuclear reactors and that such canning and safe 
storage is scheduled to be completed by the end of fiscal year 1997; and 
(3) North Korea has not significantly diverted assistance provided by 
the United States for purposes for which it was not intended: Provided 
further, That the President may waive the certification requirements of 
the preceding proviso if the President determines that it is vital to 
the national security interests of the United States: Provided further, 
That no funds may be obligated for KEDO until 30 calendar days after 
submission to Congress of the waiver

[[Page 110 STAT. 3009-135]]

permitted under the preceding proviso: Provided further, That before 
obligating any funds for KEDO, the President shall report to Congress on 
(1) the cooperation of North Korea in the process of returning to the 
United States the remains of United States military personnel who are 
listed as missing in action as a result of the Korean conflict 
(including conducting joint field activities with the United States); 
(2) violations of the military armistice agreement of 1953; (3) the 
actions which the United States is taking to assure that North Korea is 
consistently taking steps to implement the Joint Declaration on 
Denuclearization of the Korean Peninsula and engage in North-South 
dialogue; and (4) all instances of non-compliance with the Agreed 
Framework between North Korea and the United States and the Confidential 
Minute, including diversion of heavy fuel oil: Provided further, That 
the obligation of such funds shall be subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That the Secretary of State shall submit to the appropriate 
congressional committees an annual report (to be submitted with the 
annual presentation for appropriations) providing a full and detailed 
accounting of the fiscal year request for the United States contribution 
to KEDO, the expected operating budget of the Korean Peninsula Energy 
Development Organization, to include proposed annual costs associated 
with heavy fuel oil purchases and other related activities, and the 
amount of funds pledged by other donor nations and organizations to 
support KEDO activities on a per country basis.

                     TITLE III--MILITARY ASSISTANCE

                   Funds Appropriated to the President

              international military education and training

      For necessary expenses to carry out the provisions of section 541 
of the Foreign Assistance Act of 1961, $43,475,000: Provided, That none 
of the funds appropriated under this heading shall be available for 
Zaire and Guatemala: Provided further, That funds appropriated under 
this heading for grant financed military education and training for 
Indonesia may only be available for expanded international military 
education and training.

                   foreign military financing program

      For expenses necessary for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$3,164,000,000: Provided, That of the funds appropriated by this 
paragraph not less than $1,800,000,000 shall be available for grants 
only for Israel, and not less than $1,300,000,000 shall be available for 
grants only for Egypt: Provided further, That the funds appropriated by 
this paragraph for Israel shall be disbursed within thirty days of 
enactment of this Act or by October 31, 1996, whichever is later: 
Provided further, That to the extent that the Government of Israel 
requests that funds be used for such purposes, grants made available for 
Israel by this paragraph shall, as agreed by Israel and the United 
States, be available for advanced weapons systems, of which not less 
than $475,000,000 shall be available for the procurement in Israel of 
defense articles and

[[Page 110 STAT. 3009-136]]

defense services, including research and development: Provided further, 
That of the funds made available under this paragraph, $30,000,000 shall 
be available for assistance on a grant basis for Poland, Hungary, and 
the Czech Republic to carry out title II of Public Law 103-477 and 
section 585 of Public Law 104-107: Provided further, That funds made 
available under this paragraph shall be nonrepayable notwithstanding any 
requirement in section 23 of the Arms Export Control Act: Provided 
further, That, for the purpose only of providing support for NATO 
expansion and the Warsaw Initiative Program, of the funds appropriated 
by this Act under the headings ``Assistance for Eastern Europe and the 
Baltic States'' and ``Assistance for the New Independent States of the 
Former Soviet Union'', up to a total of $7,000,000 may be transferred, 
notwithstanding any other provision of law, to the funds appropriated 
under this paragraph: Provided further, That none of the funds made 
available under this heading shall be available for any non-NATO country 
participating in the Partnership for Peace Program except through the 
regular notification procedures of the Committees on Appropriations.
      For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of direct loans authorized by section 23 of the Arms 
Export Control Act as follows: cost of direct loans, $60,000,000: 
Provided, That these funds are available to subsidize gross obligations 
for the principal amount of direct loans of not to exceed $540,000,000: 
Provided further, That the rate of interest charged on such loans shall 
be not less than the current average market yield on outstanding 
marketable obligations of the United States of comparable maturities: 
Provided further, That of the funds appropriated under this paragraph 
$20,000,000 shall be made available to Poland, Hungary, and the Czech 
Republic: Provided further, That funds appropriated under this heading 
shall be made available for Greece and Turkey only on a loan basis, and 
the principal amount of direct loans for each country shall not exceed 
the following: $122,500,000 only for Greece and $175,000,000 only for 
Turkey.
      None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurements may be financed with such funds: Provided, 
That all country and funding level increases in allocations shall be 
submitted through the regular notification procedures of section 515 of 
this Act: Provided further, That funds made available under this heading 
shall be obligated upon apportionment in accordance with paragraph 
(5)(C) of title 31, United States Code, section 1501(a): Provided 
further, That none of the funds appropriated under this heading shall be 
available for Zaire, Sudan, Liberia, and Guatemala: Provided further, 
That funds made available under this heading may be used, 
notwithstanding any other provision of law, for activities related to 
the clearance of landmines and unexploded ordnance, and may include 
activities implemented through nongovernmental and international 
organizations: Provided further, That only those countries for which 
assistance was justified for the ``Foreign Military Sales Financing 
Program'' in the fiscal year 1989 congressional presentation for 
security assistance programs may utilize funds made available

[[Page 110 STAT. 3009-137]]

under this heading for procurement of defense articles, defense services 
or design and construction services that are not sold by the United 
States Government under the Arms Export Control Act: Provided further, 
That, subject to the regular notification procedures of the Committees 
on Appropriations, funds made available under this heading for the cost 
of direct loans may also be used to supplement the funds available under 
this heading for grants, and funds made available under this heading for 
grants may also be used to supplement the funds available under this 
heading for the cost of direct loans: Provided further, That funds 
appropriated under this heading shall be expended at the minimum rate 
necessary to make timely payment for defense articles and services: 
Provided further, That not more than $23,250,000 of the funds 
appropriated under this heading may be obligated for necessary expenses, 
including the purchase of passenger motor vehicles for replacement only 
for use outside of the United States, for the general costs of 
administering military assistance and sales: Provided further, That not 
more than $355,000,000 of funds realized pursuant to section 21(e)(1)(A) 
of the Arms Export Control Act may be obligated for expenses incurred by 
the Department of Defense during fiscal year 1997 pursuant to section 
43(b) of the Arms Export Control Act, except that this limitation may be 
exceeded only through the regular notification procedures of the 
Committees on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                   funds appropriated to the president

                  international financial institutions

     contribution to the international bank for reconstruction and 
                               development

      For payment to the International Bank for Reconstruction and 
Development by the Secretary of the Treasury, for the United States 
contribution to the Global Environment Facility (GEF), $35,000,000, to 
remain available until September 30, 1998.

        contribution to the international development association

      For payment to the International Development Association by the 
Secretary of the Treasury, $700,000,000, for the United States 
contribution to the tenth replenishment, to remain available until 
expended: Provided, That none of the funds may be obligated before March 
1, 1997: Provided further, That not less than twenty days before such 
funds are obligated, the Secretary of the Treasury shall submit a report 
to the Committees on Appropriations on his efforts to reach agreement 
with the other IDA-11 donors, including at the February 1997 IDA-11 
donors review meeting, that the procurement restrictions in the Interim 
Trust Fund will be lifted.

          contribution to the international finance corporation

      For payment to the International Finance Corporation by the 
Secretary of the Treasury, $6,656,000, for the United States share of 
the increase in subscriptions to capital stock, to remain available 
until expended.

[[Page 110 STAT. 3009-138]]

           contribution to the inter-american development bank

      For payment to the Inter-American Development Bank by the 
Secretary of the Treasury, for the United States share of the paid-in 
share portion of the increase in capital stock, $25,610,667, and for the 
United States share of the increase in the resources of the Fund for 
Special Operations, $10,000,000, to remain available until expended.

              limitation on callable capital subscriptions

      The United States Governor of the Inter-American Development Bank 
may subscribe without fiscal year limitation to the callable capital 
portion of the United States share of such capital stock in an amount 
not to exceed $1,503,718,910.

contribution to the enterprise for the americas multilateral investment 
                                  fund

      For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the United States 
contribution to the Fund to be administered by the Inter-American 
Development Bank, $27,500,000 to remain available until expended.

               contribution to the asian development bank

      For payment to the Asian Development Bank by the Secretary of the 
Treasury for the United States share of the paid-in portion of the 
increase in capital stock, $13,221,596, to remain available until 
expended.

              limitation on callable capital subscriptions

      The United States Governor of the Asian Development Bank may 
subscribe without fiscal year limitation to the callable capital portion 
of the United States share of such capital stock in an amount not to 
exceed $647,858,204.

               contribution to the asian development fund

      For the United States contribution by the Secretary of the 
Treasury to the increases in resources of the Asian Development Fund, as 
authorized by the Asian Development Bank Act, as amended (Public Law 89-
369), $100,000,000, to remain available until expended.

  contribution to the european bank for reconstruction and development

      For payment to the European Bank for Reconstruction and 
Development by the Secretary of the Treasury, $11,916,447, for the 
United States share of the paid-in share portion of the initial capital 
subscription, to remain available until expended.

              limitation on callable capital subscriptions

      The United States Governor of the European Bank for Reconstruction 
and Development may subscribe without fiscal year

[[Page 110 STAT. 3009-139]]

limitation to the callable capital portion of the United States share of 
such capital stock in an amount not to exceed $27,805,043.

                     North American Development Bank

      For payment to the North American Development Bank by the 
Secretary of the Treasury, for the United States share of the paid-in 
portion of the capital stock, $56,000,000, to remain available until 
expended.

              limitation on callable capital subscriptions

      The United States Governor of the North American Development Bank 
may subscribe without fiscal year limitation to the callable capital 
portion of the United States share of the capital stock of the North 
American Development Bank in an amount not to exceed $318,750,000.

                international organizations and programs

      For necessary expenses to carry out the provisions of section 301 
of the Foreign Assistance Act of 1961, and of section 2 of the United 
Nations Environment Program Participation Act of 1973, $169,950,000: 
Provided, That none of the funds appropriated under this heading shall 
be made available for the United Nations Fund for Science and 
Technology: Provided further, That none of the funds appropriated under 
this heading that are made available to the United Nations Population 
Fund (UNFPA) shall be made available for activities in the People's 
Republic of China: Provided further, That not more than $25,000,000 of 
the funds appropriated under this heading may be made available to the 
UNFPA: Provided further, That not more than one-half of this amount may 
be provided to UNFPA before March 1, 1997, and that no later than 
February 15, 1997, the Secretary of State shall submit a report to the 
Committees on Appropriations indicating the amount UNFPA is budgeting 
for the People's Republic of China in 1997: Provided further, That any 
amount UNFPA plans to spend in the People's Republic of China in 1997 
shall be deducted from the amount of funds provided to UNFPA after March 
1, 1997, pursuant to the previous provisos: Provided further, That with 
respect to any funds appropriated under this heading that are made 
available to UNFPA, UNFPA shall be required to maintain such funds in a 
separate account and not commingle them with any other funds: Provided 
further, That none of the funds appropriated under this heading may be 
made available to the Korean Peninsula Energy Development Organization 
(KEDO) or the International Atomic Energy Agency (IAEA).

                       TITLE V--GENERAL PROVISIONS

              obligations during last month of availability

      Sec. 501. Except for the appropriations entitled ``International 
Disaster Assistance'', and ``United States Emergency Refugee and 
Migration Assistance Fund'', not more than 15 per centum of any 
appropriation item made available by this Act shall be obligated during 
the last month of availability.

[[Page 110 STAT. 3009-140]]

      prohibition of bilateral funding for international financial 
                              institutions

      Sec. 502. None of the funds contained in title II of this Act may 
be used to carry out the provisions of section 209(d) of the Foreign 
Assistance Act of 1961.

                    limitation on residence expenses

      Sec. 503. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $126,500 shall be for official residence 
expenses of the Agency for International Development during the current 
fiscal year: Provided, That appropriate steps shall be taken to assure 
that, to the maximum extent possible, United States-owned foreign 
currencies are utilized in lieu of dollars.

                         limitation on expenses

      Sec. 504. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $5,000 shall be for entertainment expenses of 
the Agency for International Development during the current fiscal year.

                limitation on representational allowances

      Sec. 505. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $95,000 shall be available for representation 
allowances for the Agency for International Development during the 
current fiscal year: Provided, That appropriate steps shall be taken to 
assure that, to the maximum extent possible, United States-owned foreign 
currencies are utilized in lieu of dollars: Provided further, That of 
the funds made available by this Act for general costs of administering 
military assistance and sales under the heading ``Foreign Military 
Financing Program'', not to exceed $2,000 shall be available for 
entertainment expenses and not to exceed $50,000 shall be available for 
representation allowances: Provided further, That of the funds made 
available by this Act under the heading ``International Military 
Education and Training'', not to exceed $50,000 shall be available for 
entertainment allowances: Provided further, That of the funds made 
available by this Act for the Inter-American Foundation, not to exceed 
$2,000 shall be available for entertainment and representation 
allowances: Provided further, That of the funds made available by this 
Act for the Peace Corps, not to exceed a total of $4,000 shall be 
available for entertainment expenses: Provided further, That of the 
funds made available by this Act under the heading ``Trade and 
Development Agency'', not to exceed $2,000 shall be available for 
representation and entertainment allowances.

                 prohibition on financing nuclear goods

      Sec. 506. None of the funds appropriated or made available (other 
than funds for ``Nonproliferation, Antiterrorism, Demining and Related 
Programs'') pursuant to this Act, for carrying out the Foreign 
Assistance Act of 1961, may be used, except for purposes of nuclear 
safety, to finance the export of nuclear equipment, fuel, or technology.

[[Page 110 STAT. 3009-141]]

        prohibition against direct funding for certain countries

      Sec. 507. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to finance 
directly any assistance or reparations to Cuba, Iraq, Libya, North 
Korea, Iran, Sudan, or Syria: Provided, That for purposes of this 
section, the prohibition on obligations or expenditures shall include 
direct loans, credits, insurance and guarantees of the Export-Import 
Bank or its agents.

                             military coups

      Sec. 508. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to finance 
directly any assistance to any country whose duly elected Head of 
Government is deposed by military coup or decree: Provided, That 
assistance may be resumed to such country if the President determines 
and reports to the Committees on Appropriations that subsequent to the 
termination of assistance a democratically elected government has taken 
office.

                       transfers between accounts

      Sec. 509. None of the funds made available by this Act may be 
obligated under an appropriation account to which they were not 
appropriated, except for transfers specifically provided for in this 
Act, unless the President, prior to the exercise of any authority 
contained in the Foreign Assistance Act of 1961 to transfer funds, 
consults with and provides a written policy justification to the 
Committees on Appropriations of the House of Representatives and the 
Senate.

                   deobligation/reobligation authority

      Sec. 510. (a) Amounts certified pursuant to section 1311 of the 
Supplemental Appropriations Act, 1955, as having been obligated against 
appropriations heretofore made under the authority of the Foreign 
Assistance Act of 1961 for the same general purpose as any of the 
headings under title II of this Act are, if deobligated, hereby 
continued available for the same period as the respective appropriations 
under such headings or until September 30, 1997, whichever is later, and 
for the same general purpose, and for countries within the same region 
as originally obligated: Provided, That the Appropriations Committees of 
both Houses of the Congress are notified fifteen days in advance of the 
reobligation of such funds in accordance with regular notification 
procedures of the Committees on Appropriations.
      (b) Obligated balances of funds appropriated to carry out section 
23 of the Arms Export Control Act as of the end of the fiscal year 
immediately preceding the current fiscal year are, if deobligated, 
hereby continued available during the current fiscal year for the same 
purpose under any authority applicable to such appropriations under this 
Act: Provided, That the authority of this subsection may not be used in 
fiscal year 1997.

                          availability of funds

      Sec. 511. No part of any appropriation contained in this Act shall 
remain available for obligation after the expiration of the

[[Page 110 STAT. 3009-142]]

current fiscal year unless expressly so provided in this Act: Provided, 
That funds appropriated for the purposes of chapters 1, 8, and 11 of 
part I, section 667, and chapter 4 of part II of the Foreign Assistance 
Act of 1961, as amended, and funds provided under the heading 
``Assistance for Eastern Europe and the Baltic States'', shall remain 
available until expended if such funds are initially obligated before 
the expiration of their respective periods of availability contained in 
this Act: Provided further, That, notwithstanding any other provision of 
this Act, any funds made available for the purposes of chapter 1 of part 
I and chapter 4 of part II of the Foreign Assistance Act of 1961 which 
are allocated or obligated for cash disbursements in order to address 
balance of payments or economic policy reform objectives, shall remain 
available until expended: Provided further, That the report required by 
section 653(a) of the Foreign Assistance Act of 1961 shall designate for 
each country, to the extent known at the time of submission of such 
report, those funds allocated for cash disbursement for balance of 
payment and economic policy reform purposes.

            limitation on assistance to countries in default

      Sec. 512. No part of any appropriation contained in this Act shall 
be used to furnish assistance to any country which is in default during 
a period in excess of one calendar year in payment to the United States 
of principal or interest on any loan made to such country by the United 
States pursuant to a program for which funds are appropriated under this 
Act: Provided, That this section and section 620(q) of the Foreign 
Assistance Act of 1961 shall not apply to funds made available in this 
Act or during the current fiscal year for Nicaragua, and for any 
narcotics-related assistance for Colombia, Bolivia, and Peru authorized 
by the Foreign Assistance Act of 1961 or the Arms Export Control Act.

                           commerce and trade

      Sec. 513. (a) None of the funds appropriated or made available 
pursuant to this Act for direct assistance and none of the funds 
otherwise made available pursuant to this Act to the Export-Import Bank 
and the Overseas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other financial 
commitments for establishing or expanding production of any commodity 
for export by any country other than the United States, if the commodity 
is likely to be in surplus on world markets at the time the resulting 
productive capacity is expected to become operative and if the 
assistance will cause substantial injury to United States producers of 
the same, similar, or competing commodity: Provided, That such 
prohibition shall not apply to the Export-Import Bank if in the judgment 
of its Board of Directors the benefits to industry and employment in the 
United States are likely to outweigh the injury to United States 
producers of the same, similar, or competing commodity, and the Chairman 
of the Board so notifies the Committees on Appropriations.
      (b) None of the funds appropriated by this or any other Act to 
carry out chapter 1 of part I of the Foreign Assistance Act of 1961 
shall be available for any testing or breeding feasibility study, 
variety improvement or introduction, consultancy, publication, 
conference, or training in connection with the growth or production in a 
foreign country of an agricultural commodity for

[[Page 110 STAT. 3009-143]]

export which would compete with a similar commodity grown or produced in 
the United States: Provided, That this subsection shall not prohibit--
            (1) activities designed to increase food security in 
        developing countries where such activities will not have a 
        significant impact in the export of agricultural commodities of 
        the United States; or
            (2) research activities intended primarily to benefit 
        American producers.

                           surplus commodities

      Sec. 514. The Secretary of the Treasury <<NOTE: 22 USC 262h 
note.>>  shall instruct the United States Executive Directors of the 
International Bank for Reconstruction and Development, the International 
Development Association, the International Finance Corporation, the 
Inter-American Development Bank, the International Monetary Fund, the 
Asian Development Bank, the Inter-American Investment Corporation, the 
North American Development Bank, the European Bank for Reconstruction 
and Development, the African Development Bank, and the African 
Development Fund to use the voice and vote of the United States to 
oppose any assistance by these institutions, using funds appropriated or 
made available pursuant to this Act, for the production or extraction of 
any commodity or mineral for export, if it is in surplus on world 
markets and if the assistance will cause substantial injury to United 
States producers of the same, similar, or competing commodity.

                        notification requirements

      Sec. 515. For the purposes of providing the Executive Branch with 
the necessary administrative flexibility, none of the funds made 
available under this Act for ``Child Survival and Disease Programs 
Fund'', ``Development Assistance'', ``Debt restructuring'', 
``International organizations and programs'', ``Trade and Development 
Agency'', ``International narcotics control'', ``Assistance for Eastern 
Europe and the Baltic States'', ``Assistance for the New Independent 
States of the Former Soviet Union'', ``Economic Support Fund'', 
``Peacekeeping operations'', ``Operating expenses of the Agency for 
International Development'', ``Operating expenses of the Agency for 
International Development Office of Inspector General'', 
``Nonproliferation, anti-terrorism, demining and related programs'', 
``Foreign Military Financing Program'', ``International military 
education and training'', ``Inter-American Foundation'', ``African 
Development Foundation'', ``Peace Corps'', ``Migration and refugee 
assistance'', shall be available for obligation for activities, 
programs, projects, type of materiel assistance, countries, or other 
operations not justified or in excess of the amount justified to the 
Appropriations Committees for obligation under any of these specific 
headings unless the Appropriations Committees of both Houses of Congress 
are previously notified fifteen days in advance: Provided, That the 
President shall not enter into any commitment of funds appropriated for 
the purposes of section 23 of the Arms Export Control Act for the 
provision of major defense equipment, other than conventional 
ammunition, or other major defense items defined to be aircraft, ships, 
missiles, or combat vehicles, not previously justified to Congress or 20 
per centum in excess of the quantities justified to Congress unless the 
Committees on Appropriations are notified

[[Page 110 STAT. 3009-144]]

fifteen days in advance of such commitment: Provided further, That this 
section shall not apply to any reprogramming for an activity, program, 
or project under chapter 1 of part I of the Foreign Assistance Act of 
1961 of less than 10 per centum of the amount previously justified to 
the Congress for obligation for such activity, program, or project for 
the current fiscal year: Provided further, That the requirements of this 
section or any similar provision of this Act or any other Act, including 
any prior Act requiring notification in accordance with the regular 
notification procedures of the Committees on Appropriations, may be 
waived if failure to do so would pose a substantial risk to human health 
or welfare: Provided further, That in case of any such waiver, 
notification to the Congress, or the appropriate congressional 
committees, shall be provided as early as practicable, but in no event 
later than three days after taking the action to which such notification 
requirement was applicable, in the context of the circumstances 
necessitating such waiver: Provided further, That any notification 
provided pursuant to such a waiver shall contain an explanation of the 
emergency circumstances.
      Drawdowns made pursuant to section 506(a)(2) of the Foreign 
Assistance Act of 1961 shall be subject to the regular notification 
procedures of the Committees on Appropriations.

limitation on availability of funds for international organizations and 
                                programs

      Sec. 516. Notwithstanding any other provision of law or of this 
Act, none of the funds provided for ``International Organizations and 
Programs'' shall be available for the United States proportionate share, 
in accordance with section 307(c) of the Foreign Assistance Act of 1961, 
for any programs identified in section 307, or for Libya, Iran, or, at 
the discretion of the President, Communist countries listed in section 
620(f) of the Foreign Assistance Act of 1961, as amended: Provided, 
That, subject to the regular notification procedures of the Committees 
on Appropriations, funds appropriated under this Act or any previously 
enacted Act making appropriations for foreign operations, export 
financing, and related programs, which are returned or not made 
available for organizations and programs because of the implementation 
of this section or any similar provision of law, shall remain available 
for obligation through September 30, 1998.

               economic support fund assistance for israel

      Sec. 517. The Congress finds that progress on the peace process in 
the Middle East is vitally important to United States security interests 
in the region. The Congress recognizes that, in fulfilling its 
obligations under the Treaty of Peace Between the Arab Republic of Egypt 
and the State of Israel, done at Washington on March 26, 1979, Israel 
incurred severe economic burdens. Furthermore, the Congress recognizes 
that an economically and militarily secure Israel serves the security 
interests of the United States, for a secure Israel is an Israel which 
has the incentive and confidence to continue pursuing the peace process. 
Therefore, the Congress declares that, subject to the availability of 
appropriations, it is the policy and the intention of the United States 
that the funds provided in annual appropriations for the Economic 
Support Fund which are allocated to Israel shall not be less than the 
annual

[[Page 110 STAT. 3009-145]]

debt repayment (interest and principal) from Israel to the United States 
Government in recognition that such a principle serves United States 
interests in the region.

   prohibition on funding for abortions and involuntary sterilization

      Sec. 518. None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide any 
financial incentive to any person to undergo sterilizations. None of the 
funds made available to carry out part I of the Foreign Assistance Act 
of 1961, as amended, may be used to pay for any biomedical research 
which relates in whole or in part, to methods of, or the performance of, 
abortions or involuntary sterilization as a means of family planning. 
None of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be obligated or expended for any 
country or organization if the President certifies that the use of these 
funds by any such country or organization would violate any of the above 
provisions related to abortions and involuntary sterilizations: 
Provided, That none of the funds made available under this Act may be 
used to lobby for or against abortion.

                  authorization for population planning

      Sec. 518A. (a) None of the funds made available in title II of 
this Act for population planning activities or other population 
assistance pursuant to section 104(b) of the Foreign Assistance Act or 
any other provision of law may be obligated or expended prior to July 1, 
1997.
      (b) Not to exceed $385,000,000 of the funds appropriated in title 
II of this Act may be made available for population planning activities 
or other population assistance.
      (c) Such funds may be apportioned only on a monthly basis, and 
such monthly apportionments may not exceed 8 percent of the total 
available for such activities.
      (d) Not later than February 1, 1997, the President shall submit a 
finding to the Congress regarding the impact of the limitation on 
obligations imposed by subsection (a) of this section on the proper 
functioning of the population planning program. If such Presidential 
finding indicates that the limitation is having a negative impact on the 
proper functioning of the population planning program, funds for 
population planning activities and other population assistance referred 
to in subsection (a) may be made available beginning March 1, 1997, 
notwithstanding the July 1, 1997, limitation set forth in subsection 
(a), if the Congress approves such finding by adoption of a joint 
resolution of approval not later than February 28, 1997, in accordance 
with subsection (e).
      (e) Congressional Review Procedure.--
            (1) This subsection is enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                House of Representatives and the Senate, respectively, 
                and as such it is deemed a part of the rules of each 
                House,

[[Page 110 STAT. 3009-146]]

                respectively, but applicable only with respect to the 
                procedure to be followed in that House in the case of 
                resolutions described by paragraph (2) of this 
                subsection; and it supersedes other rules only to the 
                extent that it is inconsistent therewith; and
                    (B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                those rules relate to the procedure of that House) at 
                any time, in the same manner, and to the same extent as 
                in the case of any other rule of such House.
            (2) For purposes of this section, the term ``resolution'' 
        means a joint resolution, the text of which is as follows: 
        ``That the House of Representatives and Senate approve the 
        Presidential finding, submitted to the Congress on XXXXX, that 
        the limitation on obligations imposed by section 518A(a) of the 
        Foreign Operations, Export Financing, and Related Programs 
        Appropriations Act, 1997, is having a negative impact on the 
        proper functioning of the population planning program.''. The 
        blank space therein shall be filled with the date on which the 
        President submits his finding to the House of Representatives 
        and the Senate.
            (3) On the day on which the President submits a finding 
        under this section to the Congress, a joint resolution described 
        in paragraph (2) shall be introduced (by request) in the House 
        by the majority leader of the House, for himself and the 
        minority leader of the House, or by Members of the House 
        designated by the majority leader and minority leader of the 
        House; and shall be introduced (by request) in the Senate by the 
        majority leader of the Senate, for himself and the minority 
        leader of the Senate, or by Members of the Senate designated by 
        the majority leader and minority leader of the Senate. If either 
        House is not in session on the day on which the President 
        submits such finding, the resolution shall be introduced in that 
        House, as provided in the preceding sentence, on the first day 
        thereafter on which that House is in session. A resolution once 
        introduced in the House with respect to a Presidential finding 
        under this section shall be referred to 1 or more committees 
        (and all resolutions with respect to the same Presidential 
        finding shall be referred to the same committee or committees) 
        by the Speaker of the House of Representatives. A resolution 
        once introduced in the Senate with respect to a Presidential 
        finding under this section shall be referred to the appropriate 
        committee (and all resolutions with respect to the same 
        Presidential finding shall be referred to the same committee) by 
        the President of the Senate.
            (4) No amendment to a resolution introduced under this 
        section shall be in order in either the House of Representatives 
        or the Senate; and no motion to suspend the application of this 
        subsection shall be in order in either House, nor shall it be in 
        order in either House for the presiding officer to entertain a 
        request to suspend the application of this subsection by 
        unanimous consent.
            (5)(A) If any committee to which a resolution with respect 
        to a Presidential finding under this section has been referred 
        has not reported it at the end of 5 calendar days after its 
        introduction, such committee shall be automatically discharged 
        from further consideration of the resolution and it shall be

[[Page 110 STAT. 3009-147]]

        placed on the appropriate calendar. A vote on final passage of 
        the resolution, shall be taken in each House on or before 
        February 28, 1997. If prior to the passage by 1 House of a 
        resolution of that House under this section, that House receives 
        the same resolution from the other House, then--
                    (i) the procedure in that House shall be the same as 
                if no resolution had been received from the other House, 
                but
                    (ii) the vote on final passage shall be on the 
                resolution of the other House.
            (6)(A) A motion in the House of Representatives to proceed 
        to the consideration of a resolution under this section shall be 
        highly privileged and not debatable. An amendment to the motion 
        shall not be in order, nor shall it be in order to move to 
        reconsider the vote by which the motion is agreed to or 
        disagreed to.
            (B) Debate in the House of Representatives on the resolution 
        described in paragraph (2) of this subsection shall be limited 
        to not more than 2 hours, which shall be divided equally between 
        those favoring and those opposing such resolution. A motion to 
        further limit debate shall not be debatable. It shall not be in 
        order to move to recommit a resolution or to move to reconsider 
        the vote by which such resolution was agreed to or disagreed to.
            (C) Appeals from the decision of the Chair relating to the 
        application of the rules of the House of Representatives to the 
        procedures relating to a resolution under this section shall be 
        decided without debate.
            (D) Except to the extent specifically provided in preceding 
        provisions of this subsection, consideration in the House of 
        Representatives of a resolution under this subsection shall be 
        governed by the rules of the House of Representatives applicable 
        to other resolutions in similar circumstances.
            (7)(A) A motion in the Senate to proceed to the 
        consideration of a resolution under this section shall not 
        debatable. It shall not be in order to move to reconsider the 
        vote by which the motion is agreed to or disagreed to.
            (B) Debate in the Senate on the resolution described in 
        paragraph (2) of this subsection, and all debatable motions and 
        appeals in connection therewith, shall be limited to not more 
        than 2 hours. The time shall be equally divided between, and 
        controlled by, the mover and the manager of the resolution, 
        except that in the event the manager of the resolution is in 
        favor of any such motion or appeal, the time in opposition 
        thereto shall be controlled by the minority leader or his 
        designee. Such leaders, or either of them, may, from time under 
        their control on the passage of a resolution, allot additional 
        time to any Senator during the consideration of any debatable 
        motion or appeal.
            (C) A motion in the Senate to further limit debate is not 
        debatable. A motion to recommit a resolution is not in order.

                          reporting requirement

      Sec. 519. The President shall submit to the Committees on 
Appropriations the reports required by section 25(a)(1) of the Arms 
Export Control Act.

[[Page 110 STAT. 3009-148]]

                    special notification requirements

      Sec. 520. None of the funds appropriated in this Act shall be 
obligated or expended for Colombia, Guatemala (except that this 
provision shall not apply to development assistance for Guatemala), 
Dominican Republic, Haiti, Liberia, Pakistan, Peru, Serbia, Sudan, or 
Zaire except as provided through the regular notification procedures of 
the Committees on Appropriations.

              definition of program, project, and activity

      Sec. 521. For the purpose of this Act, ``program, project, and 
activity'' shall be defined at the Appropriations Act account level and 
shall include all Appropriations and Authorizations Acts earmarks, 
ceilings, and limitations with the exception that for the following 
accounts: Economic Support Fund and Foreign Military Financing Program, 
``program, project, and activity'' shall also be considered to include 
country, regional, and central program level funding within each such 
account; for the development assistance accounts of the Agency for 
International Development ``program, project, and activity'' shall also 
be considered to include central program level funding, either as (1) 
justified to the Congress, or (2) allocated by the executive branch in 
accordance with a report, to be provided to the Committees on 
Appropriations within thirty days of enactment of this Act, as required 
by section 653(a) of the Foreign Assistance Act of 1961.

                   child survival and aids activities

      Sec. 522. Up to $8,000,000 of the funds made available by this Act 
for assistance for family planning, health, child survival, and AIDS, 
may be used to reimburse United States Government agencies, agencies of 
State governments, institutions of higher learning, and private and 
voluntary organizations for the full cost of individuals (including for 
the personal services of such individuals) detailed or assigned to, or 
contracted by, as the case may be, the Agency for International 
Development for the purpose of carrying out family planning activities, 
child survival activities and activities relating to research on, and 
the treatment and control of acquired immune deficiency syndrome in 
developing countries: Provided, That funds appropriated by this Act that 
are made available for child survival activities or activities relating 
to research on, and the treatment and control of, acquired immune 
deficiency syndrome may be made available notwithstanding any provision 
of law that restricts assistance to foreign countries: Provided further, 
That funds appropriated by this Act that are made available for family 
planning activities may be made available notwithstanding section 512 of 
this Act and section 620(q) of the Foreign Assistance Act of 1961.

        prohibition against indirect funding to certain countries

      Sec. 523. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated to finance indirectly 
any assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North 
Korea, or the People's Republic of China, unless the President of the 
United States certifies that the withholding of these funds is contrary 
to the national interest of the Untied States.

[[Page 110 STAT. 3009-149]]

                           reciprocal leasing

      Sec. 524. Section 61(a) of the Arms <<NOTE: 22 USC 2796.>>  Export 
Control Act is amended by striking out ``1996'' and inserting in lieu 
thereof ``1997''.

                notification on excess defense equipment

      Sec. 525. Prior to providing excess Department of Defense articles 
in accordance with section 516(a) of the Foreign Assistance Act of 1961, 
the Department of Defense shall notify the Committees on Appropriations 
to the same extent and under the same conditions as are other committees 
pursuant to subsection (c) of that section: Provided, That before 
issuing a letter of offer to sell excess defense articles under the Arms 
Export Control Act, the Department of Defense shall notify the 
Committees on Appropriations in accordance with the regular notification 
procedures of such Committees: Provided further, That such Committees 
shall also be informed of the original acquisition cost of such defense 
articles.

                        authorization requirement

      Sec. 526. Funds appropriated by this Act may be obligated and 
expended notwithstanding section 10 of Public Law 91-672 and section 15 
of the State Department Basic Authorities Act of 1956.

       prohibition on bilateral assistance to terrorist countries

      Sec. 527. (a) Notwithstanding any other provision of law, funds 
appropriated for bilateral assistance under any heading of this Act and 
funds appropriated under any such heading in a provision of law enacted 
prior to enactment of this Act, shall not be made available to any 
country which the President determines--
            (1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism, or
            (2) otherwise supports international terrorism.
        (b) The President may waive the application of subsection (a) to 
a country if the President determines that national security or 
humanitarian reasons justify such waiver. The President shall publish 
each waiver in the Federal Register and, at least fifteen days before 
the waiver takes effect, shall notify the Committees on Appropriations 
of the waiver (including the justification for the waiver) in accordance 
with the regular notification procedures of the Committees on 
Appropriations.

                 commercial leasing of defense articles

      Sec. 528. <<NOTE: 22 USC 2763 note.>> Notwithstanding any other 
provision of law, and subject to the regular notification procedures of 
the Committees on Appropriations, the authority of section 23(a) of the 
Arms Export Control Act may be used to provide financing to Israel, 
Egypt and NATO and major non-NATO allies for the procurement by leasing 
(including leasing with an option to purchase) of defense articles from 
United States commercial suppliers, not including Major Defense 
Equipment (other than helicopters and other types of aircraft having 
possible civilian application), if the President determines that there 
are compelling foreign policy or national security reasons for those 
defense articles being provided by

[[Page 110 STAT. 3009-150]]

commercial lease rather than by government-to-government sale under such 
Act.

                          competitive insurance

      Sec. 528A. All Agency for International Development contracts and 
solicitations, and subcontracts entered into under such contracts, shall 
include a clause requiring that United States insurance companies have a 
fair opportunity to bid for insurance when such insurance is necessary 
or appropriate.

                   stingers in the persian gulf region

      Sec. 529. Except as provided in section 581 of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1990, the United States may not sell or otherwise make available any 
Stingers to any country bordering the Persian Gulf under the Arms Export 
Control Act or chapter 2 of part II of the Foreign Assistance Act of 
1961.

                          debt-for-development

      Sec. 530. In order to enhance the continued participation of 
nongovernmental organizations in economic assistance activities under 
the Foreign Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental 
organization which is a grantee or contractor of the Agency for 
International Development may place in interest bearing accounts funds 
made available under this Act or prior Acts or local currencies which 
accrue to that organization as a result of economic assistance provided 
under title II of this Act and any interest earned on such investment 
shall be used for the purpose for which the assistance was provided to 
that organization.

                            separate accounts

      Sec. 531. (a) Separate Accounts <<NOTE: 22 USC 2359 note.>>  for 
Local Currencies.--(1) If assistance is furnished to the government of a 
foreign country under chapters 1 and 10 of part I or chapter 4 of part 
II of the Foreign Assistance Act of 1961 under agreements which result 
in the generation of local currencies of that country, the Administrator 
of the Agency for International Development shall--
            (A) require that local currencies be deposited in a separate 
        account established by that government;
            (B) enter into an agreement with that government which sets 
        forth--
                    (i) the amount of the local currencies to be 
                generated, and
                    (ii) the terms and conditions under which the 
                currencies so deposited may be utilized, consistent with 
                this section; and
            (C) establish by agreement with that government the 
        responsibilities of the Agency for International Development and 
        that government to monitor and account for deposits into and 
        disbursements from the separate account.
      (2) Uses of Local Currencies.--As may be agreed upon with the 
foreign government, local currencies deposited in a separate account 
pursuant to subsection (a), or an equivalent amount of local currencies, 
shall be used only--

[[Page 110 STAT. 3009-151]]

            (A) to carry out chapters 1 or 10 of part I or chapter 4 of 
        part II (as the case may be), for such purposes as--
                    (i) project and sector assistance activities, or
                    (ii) debt and deficit financing; or
            (B) for the administrative requirements of the United States 
        Government.
      (3) Programming Accountability.--The Agency for International 
Development shall take all necessary steps to ensure that the equivalent 
of the local currencies disbursed pursuant to subsection (a)(2)(A) from 
the separate account established pursuant to subsection (a)(1) are used 
for the purposes agreed upon pursuant to subsection (a)(2).
      (4) Termination of Assistance Programs.--Upon termination of 
assistance to a country under chapters 1 or 10 of part I or chapter 4 of 
part II (as the case may be), any unencumbered balances of funds which 
remain in a separate account established pursuant to subsection (a) 
shall be disposed of for such purposes as may be agreed to by the 
government of that country and the United States Government.
      (5) Conforming Amendments.--The provisions of this subsection 
shall supersede the tenth and eleventh provisos contained under the 
heading ``Sub-Saharan Africa, Development Assistance'' as included in 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 and sections 531(d) and 609 of the Foreign 
Assistance Act of 1961.
      (6) Reporting Requirement.--The Administrator of the Agency for 
International Development shall report on an annual basis as part of the 
justification documents submitted to the Committees on Appropriations on 
the use of local currencies for the administrative requirements of the 
United States Government as authorized in subsection (a)(2)(B), and such 
report shall include the amount of local currency (and United States 
dollar equivalent) used and/or to be used for such purpose in each 
applicable country.
      (b) Separate Accounts for Cash Transfers.--(1) If assistance is 
made available to the government of a foreign country, under chapters 1 
or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 
1961, as cash transfer assistance or as nonproject sector assistance, 
that country shall be required to maintain such funds in a separate 
account and not commingle them with any other funds.
      (2) Applicability of Other Provisions of Law.--Such funds may be 
obligated and expended notwithstanding provisions of law which are 
inconsistent with the nature of this assistance including provisions 
which are referenced in the Joint Explanatory Statement of the Committee 
of Conference accompanying House Joint Resolution 648 (H. Report No. 98-
1159).
      (3) Notification.--At lest fifteen days prior to obligating any 
such cash transfer or nonproject sector assistance, the President shall 
submit a notification through the regular notification procedures of the 
Committees on Appropriations, which shall include a detailed description 
of how the funds proposed to be made available will be used, with a 
discussion of the United States interests that will be served by the 
assistance (including, as appropriate, a description of the economic 
policy reforms that will be promoted by such assistance).

[[Page 110 STAT. 3009-152]]

      (4) Exemption.--Nonproject sector assistance funds may be exempt 
from the requirements of subsection (b)(1) only through the notification 
procedures of the Committees on Appropriations.

  compensation for united states executive directors to international 
                         financing institutions

      Sec. 532. (a) No funds appropriated by this Act may be made as 
payment to any international financial institution while the United 
States Executive Director to such institution is compensated by the 
institution at a rate which, together with whatever compensation such 
Director receives from the United States, is in excess of the rate 
provided for an individual occupying a position at level IV of the 
Executive Schedule under section 5315 of title 5, United States Code, or 
while any alternate United States Director to such institution is 
compensated by the institution at a rate in excess of the rate provided 
for an individual occupying a position at level V of the Executive 
Schedule under section 5316 of title 5, United States Code.
      (b) For purposes of this section, ``international financial 
institutions'' are: the International Bank for Reconstruction and 
Development, the Inter-American Development Bank, the Asian Development 
Bank, the Asian Development Fund, the African Development Bank, the 
African Development Fund, the International Monetary Fund, the North 
American Development Bank, and the European Bank for Reconstruction and 
Development.

          compliance with united nations sanctions against iraq

      Sec. 533. (a) Denial of Assistance.--None <<NOTE: 50 USC 1701 
note.>> of the funds appropriated or otherwise made available pursuant 
to this Act to carry out the Foreign Assistance Act of 1961 (including 
title IV of chapter 2 of part I, relating to the Overseas Private 
Investment Corporation) or the Arms Export Control Act may be used to 
provide assistance to any country that is not in compliance with the 
United Nations Security Council sanctions against Iraq, Serbia or 
Montenegro unless the President determines and so certifies to the 
Congress that--
            (1) such assistance is in the national interest of the 
        United States;
            (2) such assistance will directly benefit the needy people 
        in that country; or
            (3) the assistance to be provided will be humanitarian 
        assistance for foreign nationals who have fled Iraq and Kuwait.
      (b) Import Sanctions.--If the President considers that the taking 
of such action would promote the effectiveness of the economic sanctions 
of the United Nations and the United States imposed with respect to 
Iraq, Serbia, or Montenegro, as the case may be, and is consistent with 
the national interest, the President may prohibit, for such a period of 
time as he considers appropriate, the importation into the United States 
of any or all products of any foreign country that has not prohibited--
            (1) the importation of products of Iraq, Serbia, or 
        Montenegro into its customs territory, and
            (2) the export of its products to Iraq, Serbia, or 
        Montenegro, as the case may be.

[[Page 110 STAT. 3009-153]]

            competitive pricing for sales of defense articles

      Sec. 533A. Direct costs associated with meeting <<NOTE: 22 USC 
2762 note.>>  a foreign customer's additional or unique requirements 
will continue to be allowable under contracts under section 22(d) of the 
Arms Export Control Act. Loadings applicable to such direct costs shall 
be permitted at the same rates applicable to procurement of like items 
purchased by the Department of Defense for its own use.

                        pow/mia military drawdown

      Sec. 534. (a) Notwithstanding any other provision of law, the 
President may direct the drawdown, without reimbursement by the 
recipient, of defense articles from the stocks of the Department of 
Defense, defense services of the Department of Defense, and military 
education and training, of an aggregate value not to exceed $15,000,000 
in fiscal year 1997, as may be necessary to carry out subsection (b).
      (b) Such defense articles, services and training may be provided 
to Vietnam, Cambodia and Laos, under subsection (a) as the President 
determines are necessary to support efforts to locate and repatriate 
members of the United States Armed Forces and civilians employed 
directly or indirectly by the United States Government who remain 
unaccounted for from the Vietnam War, and to ensure the safety of United 
States Government personnel engaged in such cooperative efforts and to 
support United States Department of Defense-sponsored humanitarian 
projects associated with the POW/MIA efforts. Any aircraft shall be 
provided under this section only to Laos and only on a lease or loan 
basis, but may be provided at no cost notwithstanding section 61 of the 
Arms Export Control Act and may be maintained with defense articles, 
services and training provided under this section.
      (c) The President shall, within sixty days of the end of any 
fiscal year in which the authority of subsection (a) is exercised, 
submit a report to the Congress which identifies the articles, services, 
and training drawn down under this section.

                  mediterranean excess defense articles

      Sec. 535. <<NOTE: 22 USC 2321j note.>>  For the four-year period 
beginning on October 1, 1996, the President shall ensure that excess 
defense articles will be made available under section 516 and 519 of the 
Foreign Assistance Act of 1961 consistent with the manner in which the 
President made available excess defense articles under those sections 
during the four-year period that began on October 1, 1992, pursuant to 
section 573(e) of the Foreign Operations, Export Financing, Related 
Programs Appropriations Act, 1990.

                           cash flow financing

      Sec. 536. For each country that has been approved for cash flow 
financing (as defined in section 25(d) of the Arms Export Control Act, 
as added by section 112(b) of Public Law 99-83) under the Foreign 
Military Financing Program, any Letter of Offer and Acceptance or other 
purchase agreement, or any amendment thereto, for a procurement in 
excess of $100,000,000 that is to be financed in whole or in part with 
funds made available under this Act shall be submitted through the 
regular notification procedures to the Committees on Appropriations.

[[Page 110 STAT. 3009-154]]

 authorities for the peace corps, the inter-american foundation and the 
                     african development foundation

      Sec. 537. Unless expressly provided to the contrary, provisions of 
this or any other Act, including provisions contained in prior Acts 
authorizing or making appropriations for foreign operations, export 
financing, and related programs, shall not be construed to prohibit 
activities authorized by or conducted under the Peace Corps Act, the 
Inter-American Foundation Act, or the African Development Foundation 
Act. The appropriate agency shall promptly report to the Committees on 
Appropriations whenever it is conducting activities or is proposing to 
conduct activities in a country for which assistance is prohibited.

                   impact on jobs in the united states

      Sec. 538. None of the funds appropriated by this Act may be 
obligated or expended to provide--
            (a) any financial incentive to a business enterprise 
        currently located in the United States for the purpose of 
        inducing such an enterprise to relocate outside the United 
        States if such incentive or inducement is likely to reduce the 
        number of employees of such business enterprise in the United 
        States because United States production is being replaced by 
        such enterprise outside the United States;
            (b) assistance for the purpose of establishing or developing 
        in a foreign country any export processing zone or designated 
        area in which the tax, tariff, labor, environment, and safety 
        laws of that country do not apply, in part or in whole, to 
        activities carried out within that zone or area, unless the 
        President determines and certifies that such assistance is not 
        likely to cause a loss of jobs within the United States; or
            (c) assistance for any project or activity that contributes 
        to the violation of internationally recognized workers rights, 
        as defined in section 502(a)(4) of the Trade Act of 1974, of 
        workers in the recipient country, including any designated zone 
        or area in that country: Provided, That in recognition that the 
        application of this subsection should be commensurate with the 
        level of development of the recipient country and sector, the 
        provisions of this subsection shall not preclude assistance for 
        the informal sector in such country, micro and small-scale 
        enterprise, and smallholder agriculture.

               authority to assist bosnia and herzegovina

      Sec. 539. (a) The President is authorized to direct the transfer, 
subject to prior notification of the Committees on Appropriations, to 
the Government of Bosnia and Herzegovina, without reimbursement, of 
defense articles from the stocks of the Department of Defense and 
defense services of the Department of Defense of an aggregate value of 
not to exceed $100,000,000 in fiscal years 1996 and 1997: Provided, That 
the President certifies in a timely fashion to the Congress that the 
transfer of such articles would assist that nation in self-defense and 
thereby promote the security and stability of the region.
      (b) Within 60 days of any transfer under the authority provided in 
subsection (a), and every 60 days thereafter, the President shall report 
in writing to the Speaker of the House of Representatives

[[Page 110 STAT. 3009-155]]

and the President pro tempore of the Senate concerning the articles 
transferred and the disposition thereof.
      (c) There are authorized to be appropriated to the President such 
sums as may be necessary to reimburse the applicable appropriation, 
fund, or account for defense articles provided under this section.

    restrictions on the termination of sanctions against serbia and 
                               montenegro

      Sec. 540. (a) Restrictions.--Notwithstanding <<NOTE: 50 USC 1701 
note.>>  any other provision of law, no sanction, prohibition, or 
requirement described in section 1511 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160), with 
respect to Serbia or Montenegro, may cease to be effective, unless--
            (1) the President first submits to the Congress a 
        certification described in subsection (b); and
            (2) the requirements of section 1511 of that Act are met.
      (b) Certification.--A certification described in this subsection 
is a certification that--
            (1) there is substantial progress toward--
                    (A) the realization of a separate identity for 
                Kosova and the right of the people of Kosova to govern 
                themselves; or
                    (B) the creation of an international protectorate 
                for Kosova;
            (2) there is substantial improvement in the human rights 
        situation in Kosova;
            (3) international human rights observers are allowed to 
        return to Kosova; and
            (4) the elected government of Kosova is permitted to meet 
        and carry out its legitimate mandate as elected representatives 
        of the people of Kosova.
      (c) Waiver Authority.--The President may waive the application in 
whole or in part, of subsection (a) if the President certifies to the 
Congress that the President has determined that the waiver is necessary 
to meet emergency humanitarian needs or to achieve a negotiated 
settlement of the conflict in Bosnia and Herzegovina that is acceptable 
to the parties.

                           special authorities

      Sec. 541. (a) Funds appropriated in title II of this Act that are 
made available for Afghanistan, Lebanon, and Cambodia, and for victims 
of war, displaced children, displaced Burmese, humanitarian assistance 
for Romania, and humanitarian assistance for the peoples of Bosnia and 
Herzegovina, Croatia, and Kosova, may be made available notwithstanding 
any other provision of law: Provided, That any such funds that are made 
available for Cambodia shall be subject to the provisions of section 
531(e) of the Foreign Assistance Act of 1961 and section 906 of the 
International Security and Development Cooperation Act of 1985: Provided 
further, That none of the funds appropriated by this Act may be made 
available for assistance for any country or organization that the 
Secretary of State determines is cooperating, tactically or 
strategically, with the Khmer Rouge in their military operations, or to 
the military of any country that is not acting vigorously to prevent its 
members from facilitating the export of timber from

[[Page 110 STAT. 3009-156]]

Cambodia by the Khmer Rouge: Provided further, That the Secretary of 
State shall submit a report to the Committees on Appropriations by 
February 1, 1997, on whether there are any countries, organizations, or 
militaries for which assistance is prohibited under the previous 
proviso, the basis for such conclusions and, if appropriate, the steps 
being taken to terminate assistance: Provided further, That the 
prohibition on assistance to the military of any country that is not 
acting vigorously to prevent its members from facilitating the export of 
timber from Cambodia by the Khmer Rouge may be waived by the President 
if he determines and reports to the Committees on Appropriations that it 
is important to the national security interest of the United States to 
do so.
      (b) Funds appropriated by this Act to carry out the provisions of 
sections 103 through 106 of the Foreign Assistance Act of 1961 may be 
used, notwithstanding any other provision of law, for the purpose of 
supporting tropical forestry and energy programs aimed at reducing 
emissions of greenhouse gases, and for the purpose of supporting 
biodiversity conservation activities: Provided, That such assistance 
shall be subject to sections 116, 502B, and 620A of the Foreign 
Assistance Act of 1961.
      (c) During fiscal year 1997, the President may use up to 
$40,000,000 under the authority of section 451 of the Foreign Assistance 
Act of 1961, notwithstanding the funding ceiling contained in subsection 
(a) of that section.
      (d) The Agency for International Development may employ personal 
services contractors, notwithstanding any other provision of law, for 
the purpose of administering programs for the West Bank and Gaza.

         policy on terminating the arab league boycott of israel

      Sec. 542. It is the sense of the Congress that--
            (1) the Arab League countries should immediately and 
        publicly renounce the primary boycott of Israel and the 
        secondary and tertiary boycott of American firms that have 
        commercial ties with Israel; and
            (2) the President should--
                    (A) take more concrete steps to encourage vigorously 
                Arab League countries to renounce publicly the primary 
                boycotts of Israel and the secondary and tertiary 
                boycotts of American firms that have commercial 
                relations with Israel as a confidence-building measure;
                    (B) take into consideration the participation of any 
                recipient country in the primary boycott of Israel and 
                the secondary and tertiary boycotts of American firms 
                that have commercial relations with Israel when 
                determining whether to sell weapons to said county;
                    (C) report to Congress on the specific steps being 
                taken by the President to bring about a public 
                renunciation of the Arab primary boycott of Israel and 
                the secondary and tertiary boycotts of American firms 
                that have commercial relations with Israel; and
                    (D) encourage the allies and trading partners of the 
                United States to enact laws prohibiting businesses from 
                complying with the boycott and penalizing businesses 
                that do comply.

[[Page 110 STAT. 3009-157]]

                        anti-narcotics activities

      Sec. 543. (a) Of the funds appropriated or otherwise made 
available by this Act for ``Economic Support Fund'', assistance may be 
provided to strengthen the administration of justice in countries in 
Latin America and the Caribbean and in other regions consistent with the 
provisions of section 534(b) of the Foreign Assistance Act of 1961, 
except that programs to enhance protection of participants in judicial 
cases may be conducted notwithstanding section 660 of that Act.
      (b) Funds made available pursuant to this section may be made 
available notwithstanding section 534(c) and the second and third 
sentences of section 534(e) of the Foreign Assistance Act of 1961. Funds 
made available pursuant to subsection (a) for Bolivia, Colombia and Peru 
may be made available notwithstanding section 534(c) and the second 
sentence of section 534(e) of the Foreign Assistance Act of 1961.

                       eligibility for assistance

      Sec. 544. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1 and 
10 of part I of the Foreign Assistance Act of 1961: Provided, That the 
President shall take into consideration, in any case in which a 
restriction on assistance would be applicable but for this subsection, 
whether assistance in support of programs of nongovernmental 
organizations is in the national interest of the United States: Provided 
further, That before using the authority of this subsection to furnish 
assistance in support of programs of nongovernmental organizations, the 
President shall notify the Committees on Appropriations under the 
regular notification procedures of those committees, including a 
description of the program to be assisted, the assistance to be 
provided, and the reasons for furnishing such assistance: Provided 
further, That nothing in this subsection shall be construed to alter any 
existing statutory prohibitions against abortion or involuntary 
sterilizations contained in this or any other Act.
      (b) Public Law 480.--During fiscal year 1997, restrictions 
contained in this or any other Act with respect to assistance for a 
country shall not be construed to restrict assistance under the 
Agricultural Trade Development and Assistance Act of 1954: Provided, 
That none of the funds appropriated to carry out title I of such Act and 
made available pursuant to this subsection may be obligated or expended 
except as provided through the regular notification procedures of the 
Committees on Appropriations.
      (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance 
        Act or any comparable provision of law prohibiting assistance to 
        countries that support international terrorism; or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that violate internationally recognized 
        human rights.

[[Page 110 STAT. 3009-158]]

                                earmarks

      Sec. 544A. (a) Funds appropriated by this Act which are earmarked 
may be reprogrammed for other programs within the same account 
notwithstanding the earmark if compliance with the earmark is made 
impossible by operation of any provision of this or any other Act or, 
with respect to a country with which the United States has an agreement 
providing the United States with base rights or base access in that 
country, if the President determines that the recipient for which funds 
are earmarked has significantly reduced its military or economic 
cooperation with the United States since enactment of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1991; however, before exercising the authority of this subsection with 
regard to a base rights or base access country which has significantly 
reduced its military or economic cooperation with the United States, the 
President shall consult with, and shall provide a written policy 
justification to the Committees on Appropriations: Provided, That any 
such reprogramming shall be subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
assistance that is reprogrammed pursuant to this subsection shall be 
made available under the same terms and conditions as originally 
provided.
      (b) In addition to the authority contained in subsection (a), the 
original period of availability of funds appropriated by this Act and 
administered by the Agency for International Development that are 
earmarked for particular programs or activities by this or any other Act 
shall be extended for an additional fiscal year if the Administrator of 
such agency determines and reports promptly to the Committees on 
Appropriations that the termination of assistance to a country or a 
significant change in circumstances makes it unlikely that such 
earmarked funds can be obligated during the original period of 
availability: Provided, That such earmarked funds that are continued 
available for an additional fiscal year shall be obligated only for the 
purpose of such earmark.

                          ceilings and earmarks

      Sec. 545. Ceilings and earmarks contained in this Act shall not be 
applicable to funds or authorities appropriated or otherwise made 
available by any subsequent Act unless such Act specifically so directs.

                 prohibition on publicity or propaganda

      Sec. 546. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United States 
not authorized before the date of enactment of this Act by the Congress: 
Provided, That not to exceed $750,000 may be made available to carry out 
the provisions of section 316 of Public Law 96-533.

                        use of american resources

      Sec. 547. To the maximum extent possible, assistance provided 
under this Act should make full use of American resources, including 
commodities, products, and services.

[[Page 110 STAT. 3009-159]]

            prohibition of payments to united nations members

      Sec. 548. None of the funds appropriated or made available 
pursuant to this Act for carrying out the Foreign Assistance Act of 
1961, may be used to pay in whole or in part any assessments, 
arrearages, or dues of any member of the United Nations.

                           consulting services

      Sec. 549. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to section 
3109 of title 5, United States Code, shall be limited to those contracts 
where such expenditures are a matter of public record and available for 
public inspection, except where otherwise provided under existing law, 
or under existing Executive order pursuant to existing law.

             private voluntary organizations--documentation

      Sec. 550. None of the funds appropriated or made available 
pursuant to this Act shall be available to a private voluntary 
organization which fails to provide upon timely request any document, 
file, or record necessary to the auditing requirements of the Agency for 
International Development.

  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

      Sec. 551. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 40(d) of the Arms Export Control Act. The 
prohibition under this section with respect to a foreign government 
shall terminate 12 months after that government ceases to provide such 
military equipment. This section applies with respect to lethal military 
equipment provided under a contract entered into after the date of 
enactment of this Act.
      (b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of the 
United States.
      (c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional committees a 
report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance to be 
provided, including the estimated dollar amount of such assistance, and 
an explanation of how the assistance furthers United States national 
interests.

  withholding of assistance for parking fines owed by foreign countries

      Sec. 552. (a) In General.--Of the funds made available for a 
foreign country under part I of the Foreign Assistance Act of 1961, an 
amount equivalent to 110 percent of the total unpaid fully adjudicated 
parking fines and penalties owed to the District of Columbia by such 
country as of the date of enactment of this

[[Page 110 STAT. 3009-160]]

Act shall be withheld from obligation for such country until the 
Secretary of State certifies and reports in writing to the appropriate 
congressional committees that such fines and penalties are fully paid to 
the government of the District of Columbia.
      (b) Definition.--For purposes of this section, the term 
``appropriate congressional committees'' means the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and the 
Committee on International Relations and the Committee on Appropriations 
of the House of Representatives.

     limitation on assistance for the plo for the west bank and gaza

      Sec. 553. None of the funds appropriated by this Act may be 
obligated for assistance for the Palestine Liberation Organization for 
the West Bank and Gaza unless the President has exercised the authority 
under section 604(a) of the Middle East Peace Facilitation Act of 1995 
(title VI of Public Law 104-107) or any other legislation to suspend or 
make inapplicable section 307 of the Foreign Assistance Act of 1961 and 
that suspension is still in effect: Provided, That if the President 
fails to make the certification under section 604(b)(2) of the Middle 
East Peace Facilitation Act of 1995 or to suspend the prohibition under 
other legislation, funds appropriated by this Act may not be obligated 
for assistance for the Palestine Liberation Organization for the West 
Bank and Gaza.

                  export financing transfer authorities

      Sec. 554. Not to exceed 5 percent of any appropriation other than 
for administrative expenses made available for fiscal year 1997 for 
programs under title I of this Act may be transferred between such 
appropriations for use for any of the purposes, programs and activities 
for which the funds in such receiving account may be used, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 25 percent by any such transfer: Provided, That 
the exercise of such authority shall be subject to the regular 
notification procedures of the Committees on Appropriations.

                          war crimes tribunals

      Sec. 555. If the President determines that doing so will 
contribute to a just resolution of charges regarding genocide or other 
violations of international humanitarian law, the President may direct a 
drawdown pursuant to section 552(c) of the Foreign Assistance Act of 
1961, as amended, of up to $25,000,000 of commodities and services for 
the United Nations War Crimes Tribunal established with regard to the 
former Yugoslavia by the United Nations Security Council or such other 
tribunals or commissions as the Council may establish to deal with such 
violations, without regard to the ceiling limitation contained in 
paragraph (2) thereof: Provided, That the determination required under 
this section shall be in lieu of any determinations otherwise required 
under section 552(c): Provided further, That 60 days after the 
date <<NOTE: 22 USC 2656 note.>>  of enactment of this Act, and every 
180 days thereafter, the Secretary of State shall submit a report to the 
Committees on Appropriations describing the steps the United States 
Government is taking to collect information regarding allegations of 
genocide or other violations

[[Page 110 STAT. 3009-161]]

of international law in the former Yugoslavia and to furnish that 
information to the United Nations War Crimes Tribunal for the former 
Yugoslavia.

                                landmines

      Sec. 556. Notwithstanding any other provision of law, demining 
equipment available to the Agency for International Development and the 
Department of State and used in support of the clearing of landmines and 
unexploded ordnance for humanitarian purposes may be disposed of on a 
grant basis in foreign countries, subject to such terms and conditions 
as the President may prescribe: Provided, That section 1365(c) of the 
National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 22 U.S.C., 2778 note) is amended by striking out ``During the five-
year period beginning on October 23, 1992'' and inserting in lieu 
thereof ``During the eight-year period beginning on October 23, 1992''.

            restrictions concerning the palestinian authority

      Sec. 557. None of the funds appropriated by this Act may be 
obligated or expended to create in any part of Jerusalem a new office of 
any department or agency of the United States Government for the purpose 
of conducting official United States Government business with the 
Palestinian Authority over Gaza and Jericho or any successor Palestinian 
governing entity provided for in the Israel-PLO Declaration of 
Principles: Provided, That this restriction shall not apply to the 
acquisition of additional space for the existing Consulate General in 
Jerusalem: Provided further, That meetings between officers and 
employees of the United States and officials of the Palestinian 
Authority, or any successor Palestinian governing entity provided for in 
the Israel-PLO Declaration of Principles, for the purpose of conducting 
official United States Government business with such authority should 
continue to take place in locations other than Jerusalem. As has been 
true in the past, officers and employees of the United States Government 
may continue to meet in Jerusalem on other subjects with Palestinians 
(including those who now occupy positions in the Palestinian Authority), 
have social contacts, and have incidental discussions.

               prohibition of payment of certain expenses

      Sec. 558. None of the funds appropriated or otherwise made 
available by this Act under the heading ``international military 
education and training'' or ``foreign military financing program'' for 
Informational Program activities may be obligated or expended to pay 
for--
            (1) alcoholic beverages;
            (2) food (other than food provided at a military 
        installation) not provided in conjunction with Informational 
        Program trips where students do not stay at a military 
        installation; or
            (3) entertainment expenses for activities that are 
        substantially of a recreational character, including entrance 
        fees at sporting events and amusement parks.

                         humanitarian corridors

      Sec. 559. The Foreign Assistance Act of 1961 is amended by adding 
immediately after section 620H the following new section:

[[Page 110 STAT. 3009-162]]

      ``Sec. 620I. <<NOTE: 22 USC 2378-1.>> Prohibition on Assistance to 
Countries That Restrict United States Humanitarian Assistance.--
            ``(a) In general.--No assistance shall be furnished under 
        this Act or the Arms Export Control Act to any country when it 
        is made known to the President that the government of such 
        country prohibits or otherwise restricts, directly or 
        indirectly, the transport or delivery of United States 
        humanitarian assistance.
            ``(b) Exception.--Assistance may be furnished without regard 
        to the restriction in subsection (a) if the President determines 
        that to do so is in the national security interest of the United 
        States.
            ``(c) Notice.--Prior to making any determination under 
        subsection (b), the President shall notify the Committee on 
        International Relations, the Committee on Foreign Relations, and 
        the Committees on Appropriations of the Senate and House of 
        Representatives of his intention to make such a determination, 
        the effective date of the determination, and the reasons for 
        making the determination.''.

                      equitable allocation of funds

      Sec. 560. Not more than 20 percent of the funds appropriated by 
this Act to carry out the provisions of sections 103 through 106 and 
chapter 4 of part II of the Foreign Assistance Act of 1961, that are 
made available for Latin America and the Caribbean region may be made 
available, through bilateral and Latin America and the Caribbean 
regional programs, to provide assistance for any country in such region.

            purchase of american-made equipment and products

      Sec. 561. (a) Sense of Congress.--It is the sense of the Congress 
that, to the greatest extent practicable, all equipment and products 
purchased with funds made available in this Act should be American-made.
      (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.

         limitation of funds for north american development bank

      Sec. 562. None of the Funds appropriated in this Act under the 
heading ``North American Development Bank'' and made available for the 
Community Adjustment and Investment Program shall be used for purposes 
other than those set out in the binational agreement establishing the 
Bank.

                  international development association

      Sec. 563. In order to pay for the United States contribution to 
the tenth replenishment of the resources of the International 
Development Association authorized in section 526 of Public Law 103-87, 
there is authorized to be appropriated, without fiscal year limitation, 
$700,000,000 for payment by the Secretary of the Treasury.

[[Page 110 STAT. 3009-163]]

                   special debt relief for the poorest

      Sec. 564. (a) Authority To Reduce Debt.--The President may reduce 
amounts owed to the United States (or any agency of the United States) 
by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the 
        Foreign Assistance Act of 1961; or
            (2) credits extended or guarantees issued under the Arms 
        Export Control Act.
      (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt relief 
        and referendum agreements, commonly referred to as ``Paris Club 
        Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is provided 
        in advance by appropriations Acts.
            (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy debt burdens 
        that are eligible to borrow from the International Development 
        Association, but not from the International Bank for 
        Reconstruction and Development, commonly referred to as ``IDA-
        only'' countries.
      (c) Conditions.--The authority provided by subsection (a) may be 
exercised only with respect to a country whose government--
            (1) does not have an excessive level of military 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international terrorism;
            (3) is not failing to cooperate on international narcotics 
        control matters;
            (4) (including its military or other security forces) does 
        not engage in a consistent pattern of gross violations of 
        internationally recognized human rights; and
            (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, fiscal years 1994 and 1995.
      (d) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to funds appropriated by this Act under 
the heading ``Debt restructuring''.
      (e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance for 
purposes of any provision of law limiting assistance to a country. The 
authority provided by subsection (a) may be exercised notwithstanding 
section 620(r) of the Foreign Assistance Act of 1961.

              authority to engage in debt buybacks or sales

      Sec. 565. (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, 
        in accordance with this section, sell to any eligible purchaser 
        any concessional loan or portion thereof made before January 1, 
        1995, pursuant to the Foreign Assistance Act of 1961, to the 
        government of any eligible country as define in section 702(6) 
        of that Act or on receipt of payment from an

[[Page 110 STAT. 3009-164]]

        eligible purchaser, reduce or cancel such loan or portion 
        thereof, only for the purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-development 
                swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country of its own 
                qualified debt, only if the eligible country uses an 
                additional amount of the local currency of the eligible 
                country, equal to not less than 40 percent of the price 
                paid for such debt by such eligible country, or the 
                difference between the price paid for such debt and the 
                face value of such debt, to support activities that link 
                conservation and sustainable use of natural resources 
                with local community development, and child survival and 
                other child development, in a manner consistent with 
                sections 707 through 710 of the Foreign Assistance Act 
                of 1961, if the sale, reduction, or cancellation would 
                not contravene any term or condition of any prior 
                agreement relating to such loan.
            (2) Terms and conditions.--Notwithstanding any other 
        provision of law, the President shall, in accordance with this 
        section, establish the terms and conditions under which loans 
        may be sold, reduced, or canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in section 
        702(8) of the Foreign Assistance Act of 1961, shall notify the 
        administrator of the agency primarily responsible for 
        administering part I of the Foreign Assistance Act of 1961 of 
        purchasers that the President has determined to be eligible, and 
        shall direct such agency to carry out the sale, reduction, or 
        cancellation of a loan pursuant to this section. Such agency 
        shall make an adjustment in its accounts to reflect the sale, 
        reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall be 
        available only to the extent that appropriations for the cost of 
        the modification, as defined in section 502 of the Congressional 
        Budget Act of 1974, are made in advance.
      (b) Deposit of Proceeds.--The proceeds from the sale, reduction, 
or cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
      (c) Eligible Purchasers.--A loan may be sold pursuant to 
subsection (a)(1)(A) only to a purchaser who presents plans satisfactory 
to the President for using the loan for the purpose of engaging in debt-
for-equity swaps, debt-for-development swaps, or debt-for-nature swaps.
      (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, of 
any loan made to an eligible country, the President should consult with 
the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
      (e) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to funds appropriated by this Act under 
the heading ``Debt restructuring''.

                                 liberia

      Sec. 566. Funds appropriated by this Act may be made available for 
assistance for Liberia notwithstanding section 620(q) of the Foreign 
Assistance Act of 1961 and section 512 of this Act.

[[Page 110 STAT. 3009-165]]

                                guatemala

      Sec. 567. (a) Funds provided in this Act may be made available for 
the Guatemalan military forces, and the restrictions on Guatemala under 
the headings ``International Military Education and Training'' and 
``Foreign Military Financing Program'' shall not apply, only if the 
President determines and certifies to the Congress that the Guatemalan 
military is cooperating fully with efforts to resolve human rights 
abuses which elements of the Guatemalan military forces are alleged to 
have committed, ordered or attempted to thwart the investigation of, and 
with efforts to negotiate a peace settlement.
      (b) The prohibition contained in subsection (a) shall not apply to 
funds made available to implement a ceasefire or peace agreement.
      (c) Any funds made available pursuant to subsections (a) or (b) 
shall be subject to the regular notification procedures of the 
Committees on Appropriations.
      (d) Any funds made available pursuant to subsections (a) and (b) 
for international military education and training may only be for 
expanded international military education and training.

           sanctions against countries harboring war criminals

      Sec. 568. (a) Bilateral Assistance.--The President is authorized 
to withhold funds appropriated by this Act under the Foreign Assistance 
Act of 1961 or the Arms Export Control Act for any country described in 
subsection (c).
      (b) Multilateral Assistance.--The Secretary of the Treasury should 
instruct the United States executive directors of the international 
financial institutions to work in opposition to, and vote against, any 
extension by such institutions of financing or financial or technical 
assistance to any country described in subsection (c).
      (c) Sanctioned Countries.--A country described in this subsection 
is a country the government of which knowingly grants sanctuary to 
persons in its territory for the purpose of evading prosecution, where 
such persons--
            (1) have been indicted by the International Criminal 
        Tribunal for the former Yugoslavia, the International Criminal 
        Tribunal for Rwanda, or any other international tribunal with 
        similar standing under international law, or
            (2) have been indicted for war crimes or crimes against 
        humanity committed during the period beginning March 23, 1933 
        and ending on May 8, 1945 under the direction of, or in 
        association with--
                    (A) the Nazi government of Germany;
                    (B) any government in any area occupied by the 
                military forces of the Nazi government of Germany;
                    (C) any government which was established with the 
                assistance or cooperation of the Nazi government; or
      (D) any government which was an ally of the Nazi government of 
Germany.

                   limitation on assistance for haiti

      Sec. 569. (a) Limitation.--None of the funds appropriated or 
otherwise made available by this Act, may be provided to the Government 
of Haiti until the President reports to Congress that--

[[Page 110 STAT. 3009-166]]

            (1) the Government is conducting thorough investigations of 
        extrajudicial and political killings; and
            (2) the Government is cooperating with United States 
        authorities in the investigations of political and extrajudicial 
        killings.
      (b) Nothing in this section shall be construed to restrict the 
provision of humanitarian, development, or electoral assistance.
      (c) The President may waive the requirements of this section on a 
semiannual basis if he determines and certifies to the appropriate 
committees of Congress that it is in the national interest of the United 
States.

                           policy toward burma

      Sec. 570. (a) Until such time as the President determines and 
certifies to Congress that Burma has made measurable and substantial 
progress in improving human rights practices and implementing democratic 
government, the following sanctions shall be imposed on Burma:
            (1) Bilateral assistance.--There shall be no United States 
        assistance to the Government of Burma, other than:
                    (A) humanitarian assistance,
                    (B) subject to the regular notification procedures 
                of the Committees on Appropriations, counter-narcotics 
                assistance under chapter 8 of part I of the Foreign 
                Assistance Act of 1961, or crop substitution assistance, 
                if the Secretary of State certifies to the appropriate 
                congressional committees that--
                          (i) the Government of Burma is fully 
                      cooperating with United States counter-narcotics 
                      efforts, and
                          (ii) the programs are fully consistent with 
                      United States human rights concerns in Burma and 
                      serve the United States national interest, and
                    (C) assistance promoting human rights and democratic 
                values.
            (2) Multilateral assistance.--The Secretary of the Treasury 
        shall instruct the United States executive director of each 
        international financial institution to vote against any loan or 
        other utilization of funds of the respective bank to or for 
        Burma.
            (3) Visas.--Except as required by treaty obligations or to 
        staff the Burmese mission to the United States, the United 
        States should not grant entry visas to any Burmese government 
        official.
      (b) Conditional Sanctions.--The President is hereby authorized to 
prohibit, and shall prohibit United States persons from new investment 
in Burma, if the President determines and certifies to Congress that, 
after the date of enactment of this Act, the Government of Burma has 
physically harmed, rearrested for political acts, or exiled Daw Aung San 
Suu Kyi or has committed large-scale repression of or violence against 
the Democratic opposition.
      (c) Multilateral Strategy.--The President shall seek to develop, 
in coordination with members of ASEAN and other countries having major 
trading and investment interests in Burma, a comprehensive, multilateral 
strategy to bring democracy to and improve human rights practices and 
the quality of life in Burma, including the development of a dialogue 
between the State Law

[[Page 110 STAT. 3009-167]]

and Order Restoration Council (SLORC) and democratic opposition groups 
within Burma.
      (d) Presidential Reports.--Every six months following the 
enactment of this Act, the President shall report to the Chairmen of the 
Committee on Foreign Relations, the Committee on International Relations 
and the House and Senate Appropriations Committees on the following:
            (1) progress toward democratization in Burma;
            (2) progress on improving the quality of life of the Burmese 
        people, including progress on market reforms, living standards, 
        labor standards, use of forced labor in the tourism industry, 
        and environmental quality; and
            (3) progress made in developing the strategy referred to in 
        subsection (c).
      (e) Waiver Authority.--The President shall have the authority to 
waive, temporarily or permanently, any sanction referred to in 
subsection (a) or subsection (b) if he determines and certifies to 
Congress that the application of such sanction would be contrary to the 
national security interests of the United States.
      (f) Definitions.--
            (1) The term ``international financial institutions'' shall 
        include the International Bank for Reconstruction and 
        Development, the International Development Association, the 
        International Finance Corporation, the Multilateral Investment 
        Guarantee Agency, the Asian Development Bank, and the 
        International Monetary Fund.
            (2) The term ``new investment'' shall mean any of the 
        following activities if such an activity is undertaken pursuant 
        to an agreement, or pursuant to the exercise of rights under 
        such an agreement, that is entered into with the Government of 
        Burma or a nongovernmental entity in Burma, on or after the date 
        of the certification under subsection (b):
                    (A) the entry into a contract that includes the 
                economical development of resources located in Burma, or 
                the entry into a contract providing for the general 
                supervision and guarantee of another person's 
                performance of such a contract;
                    (B) the purchase of a share of ownership, including 
                an equity interest, in that development;
                    (C) the entry into a contract providing for the 
                participation in royalties, earnings, or profits in that 
                development, without regard to the form of the 
                participation:

        Provided, That the term ``new investment'' does not include the 
        entry into, performance of, or financing of a contract to sell 
        or purchase goods, services, or technology.

                       report regarding hong kong

      Sec. 571. <<NOTE: 22 USC 5731 note.>>  In light of the 
deficiencies in reports submitted to the Congress pursuant to section 
301 of the United States-Hong Kong Policy Act (22 U.S.C. 5731), the 
Congress directs that the additional report required to be submitted 
during 1997 under such section include detailed information on the 
status of, and other developments affecting, implementation of the Sino-
British Joint Declaration on the Question of Hong King, including--
            (1) the Basic Law and its consistency with the Joint 
        Declaration;

[[Page 110 STAT. 3009-168]]

            (2) Beijing's plans to replace the elected legislature with 
        an appointed body;
            (3) the openness and fairness of the election of the chief 
        executive and the executive's accountability to the legislature;
            (4) the treatment of political parties;
            (5) the independence of the Judiciary and its ability to 
        exercise the power of final judgment over Hong Kong law; and
            (6) the Bill of Rights.

        use of funds for purchase of products not made in america

      Sec. 572. The Administrator of the Agency for International 
Development shall provide a report to the appropriate committees of the 
Congress on the ability of the United States Government to implement a 
provision of law (and on the foreign policy implications of such a 
provision of law) which would require that United States funds could be 
made available to the government of a foreign country for the purchase 
of any equipment or products only if such purchases were to occur in 
such foreign country or the United States, and substantially similar 
equipment and products were made in the United States and available for 
purchase at a price that is not more than 10 percent higher than that in 
other countries.

                          conflict in chechnya

      Sec. 573. The Secretary of State shall provide to the Committees 
on Appropriations no later than 30 days from the date of enactment of 
this Act a detailed report on actions undertaken by the United States 
Government to resolve the conflict in Chechnya.

              extension of certain adjudication provisions

      Sec. 575. The Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                    (A) in subsection (b)(3), by striking ``and 1996'' 
                and inserting ``1996, and 1997''; and
                    (B) in subsection (e), by striking out ``October 1, 
                1996'' each place it appears and inserting ``October 1, 
                1997''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection 
        (b)(2), by striking out ``September 30, 1996'' and inserting 
        ``September 30, 1997''.

                         transparency of budgets

      Sec. 576. (a) Limitation.--Beginning <<NOTE: 22 USC 262k-
1.>> three years after the date of the enactment of this Act, the 
Secretary of the Treasury shall instruct the United States Executive 
Director of each international financial institution to use the voice 
and vote of the United States to oppose any loan or other utilization of 
the funds of their respective institution, other than to address basic 
human needs, for the government of any country which the Secretary of 
the Treasury determines--

[[Page 110 STAT. 3009-169]]

            (1) does not have in place a functioning system for a 
        civilian audit of all receipts and expenditures that fund 
        activities of the armed forces and security forces;
            (2) has not provided a summary of a current audit to the 
        institution.
      (b) Definition.--For purposes of this section, the term 
``international financial institution'' shall include the institutions 
identified in section 532(b) of this Act.

                               guarantees

      Sec. 577. Section 251(b)(2)(G) of the Balanced Budget and 
Emergency Deficit Control Act of <<NOTE: 2 USC 901.>>  1985 is amended 
by striking ``fiscal year 1994 and 1995'' and inserting in lieu thereof 
``fiscal years 1994, 1995, and 1997'' in both places that this appears.

information on cooperation with united states anti-terrorism efforts in 
                   annual country reports on terrorism

      Sec. 578. Section 140 of the Foreign Relations Authorization Act, 
fiscal years 1988 and 1989 (22 U.S.C. 2656f) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph (1);
                    (B) by striking the period at the end of paragraph 
                (2) and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) with respect to each foreign country from which the 
        United States Government has sought cooperation during the 
        previous five years in the investigation or prosecution of an 
        act of international terrorism against United States citizens or 
        interests, information on--
                    ``(A) the extent to which the government of the 
                foreign country is cooperating with the United States 
                Government in apprehending, convicting, and punishing 
                the individual or individuals responsible for the act; 
                and
                    ``(B) the extent to which the government of the 
                foreign country is cooperating in preventing further 
                acts of terrorism against United States citizens in the 
                foreign country; and
            ``(4) with respect to each foreign country from which the 
        United States Government has sought cooperation during the 
        previous five years in the prevention of an act of international 
        terrorism against such citizens or interests, the information 
        described in paragraph (3)(B).''; and
            (2) in subsection (c)--
                    (A) by striking ``The report'' and inserting ``(1) 
                Except as provided in paragraph (2), the report'';
                    (B) by indenting the margin of paragraph (1) as so 
                designated, 2 ems; and
                    (C) by adding at the end the following:
            ``(2) If the Secretary of State determines that the 
        transmittal of the information with respect to a foreign country 
        under paragraph (3) or (4) of subsection (a) in classified form 
        would make more likely the cooperation of the government of the 
        foreign country as specified in such paragraph, the Secretary 
        may transmit the information under such paragraph in classified 
        form.''.

[[Page 110 STAT. 3009-170]]

                        female genital mutilation

      Sec. 579. <<NOTE: 22 USC 262k-2.>>  (a) Limitation.--Beginning 1 
year after the date of the enactment of this Act, the Secretary of the 
Treasury shall instruct the United States Executive Director of each 
international financial institution to use the voice and vote of the 
United States to oppose any loan or other utilization of the funds of 
their respective institution, other than to address basic human needs, 
for the government of any country which the Secretary of the Treasury 
determines--
            (1) has, as a cultural custom, a known history of the 
        practice of female genital mutilation; and
            (2) has not taken steps to implement educational programs 
        designed to prevent the practice of female genital mutilation.
      (b) Definition.--For purposes of this section, the term 
``international financial institution'' shall include the institutions 
identified in section 532(b) of this Act.

  requirement for disclosure of foreign aid in report of secretary of 
                                  state

      Sec. 580. (a) Foreign Aid Reporting Requirement. <<NOTE: 22 USC 
2414a note.>> --In addition to the voting practices of a foreign 
country, the report required to be submitted to Congress under section 
406(a) of the Foreign Relations Authorization Act, fiscal years 1990 and 
1991 (22 U.S.C. 2414a), shall include a side-by-side comparison of 
individual countries' overall support for the United States at the 
United Nations and the amount of United States assistance provided to 
such country in fiscal year 1996.
      (b) United States Assistance.--For purposes of this section, the 
term ``United States assistance'' has the meaning given the term in 
section 481(e)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291(e)(4)).

   restrictions on voluntary contributions to united nations agencies

      Sec. 581. (a)  Prohibition on Voluntary Contributions for the 
United Nations.--None of the funds appropriated or otherwise made 
available by this Act may be made available to pay any voluntary 
contribution of the United States to the United Nations (including the 
United Nations Development Program if the United Nations implements or 
imposes any taxation on any United States persons.
      (b) Certification Required for Disbursement of Funds.--None of the 
funds appropriated or otherwise made available under this Act may be 
made available to pay any voluntary contribution of the United States to 
the United Nations (including the United Nations Development Program) 
unless the President certifies to the Congress 15 days in advance of 
such payment that the United Nations is not engaged in any effort to 
implement or impose any taxation on United States persons in order to 
raise revenue for the United Nations or any of its specialized agencies.
      (c) Definitions.--As used in this section the term ``United States 
person'' refers to--
            (1) a natural person who is a citizen or national of the 
        United States; or

[[Page 110 STAT. 3009-171]]

            (2) a corporation, partnership, or other legal entity 
        organized under the United States or any State, territory, 
        possession, or district of the United States.

                                  haiti

      Sec. 582. The Government of Haiti shall be eligible to purchase 
defense articles and services under the Arms Export Control Act (22 
U.S.C. 2751 et seq.), for the civilian-led Haitian National Police and 
Coast Guard: Provided, That the authority provided by this section shall 
be subject to the regular notification procedures of the Committees on 
Appropriations.

refugee status for adult children of former vietnamese reeducation camp 
         internees resettled under the orderly departure program

      Sec. 584. (a) Eligibility for Orderly Departure Program.--For 
purposes of eligibility for the Orderly Departure Program for nationals 
of Vietnam, during fiscal year 1997, an alien described in subsection 
(b) shall be considered to be a refugee of special humanitarian concern 
to the United States within the meaning of section 207 of the 
Immigration and Nationality Act (8 U.S.C. 1157) and shall be admitted to 
the United States for resettlement if the alien would be admissible as 
an immigrant under the Immigration and Nationality Act (except as 
provided in section 207(c)(3) of that Act).
      (b) Aliens Covered.--An alien described in this subsection is an 
alien who--
            (1) is the son or daughter of a national of Vietnam who--
                    (A) was formerly interned in a reeducation camp in 
                Vietnam by the Government of the Socialist Republic of 
                Vietnam; and
                    (B) has been accepted for resettlement as a refugee 
                under the Orderly Departure Program on or after April 1, 
                1995;
            (2) is 21 years of age or older; and
            (3) was unmarried as of the date of acceptance of the 
        alien's parent for resettlement under the Orderly Departure 
        Program.
      (c) Supersedes Existing Law.--This section supersedes any other 
provision of law.

                               north korea

      Sec. 585. <<NOTE: 22 USC 2656 note.>>  Ninety days after the date 
of enactment of this Act, and every 180 days thereafter, the Secretary 
of State, in consultation with the Secretary of Defense, shall provide a 
report in a classified or unclassified form to the Committee on 
Appropriations including the following information:
            (a) a best estimate on fuel used by the military forces of 
        the Democratic People's Republic of Korea (DPRK);
            (b) the deployment position and military training and 
        activities of the DPRK forces and best estimate of the 
        associated costs of these activities;
            (c) steps taken to reduce the DPRK level of forces; and
            (d) cooperation, training, or exchanges of information, 
        technology or personnel between the DPRK and any other nation

[[Page 110 STAT. 3009-172]]

        supporting the development or deployment of a ballistic missile 
        capability.

                   limitation on assistance to mexico

      Sec. 587. Not less than $2,500,000 of the funds appropriated or 
otherwise made available by this Act for the Government of Mexico shall 
be withheld from obligation until the President has determined and 
reported to Congress that--
            (1) the Government of Mexico is taking actions to reduce the 
        amount of illegal drugs entering the United States from Mexico; 
        and
            (2) the Government of Mexico--
                    (A) is taking effective actions to apply vigorously 
                all law enforcement resources to investigate, track, 
                capture, incarcerate, and prosecute individuals 
                controlling, supervising, or managing international 
                narcotics cartels or other similar entities and the 
                accomplices of such individuals, individuals responsible 
                for, or otherwise involved in, corruption, and 
                individuals involved in money-laundering;
                    (B) is pursuing international anti-drug trafficking 
                initiatives;
                    (C) is cooperating fully with international efforts 
                at narcotics interdiction; and
                    (D) is cooperating fully with requests by the United 
                States for assistance in investigations of money-
                laundering violations and is making progress toward 
                implementation of effective laws to prohibit money-
                laundering.

                   limitation of assistance to turkey

      Sec. 588. Not more than $22,000,000 of the funds appropriated in 
this Act under the heading ``Economic Support Fund'' may be made 
available to the Government of Turkey.

          civil liability for acts of state sponsored terrorism

      Sec. 589. (a) an official, employee, or agent of a <<NOTE: 28 USC 
1605 note.>>  foreign state designated as a state sponsor of terrorism 
designated under section 6(j) of the Export Administration Act of 1979 
while acting within the scope of his or her office, employment, or 
agency shall be liable to a United States national or the national's 
legal representative for personal injury or death caused by acts of that 
official, employee, or agent for which the courts of the United States 
may maintain jurisdiction under section 1605(a)(7) of title 28, United 
States Code, for money damages which may include economic damages, 
solatium, pain, and suffering, and punitive damages if the acts were 
among those described in section 1605(a)(7).
      (b) Provisions related to statute of limitations and limitations 
on discovery that would apply to an action brought under 28 U.S.C. 
1605(f) and (g) shall also apply to actions brought under this section. 
No action shall be maintained under this action if an official, 
employee, or agent of the United States, while acting within the scope 
of his or her office, employment, or agency would not be liable for such 
acts if carried out within the United States.
      Titles I through V of this Act may be <<NOTE: Short title.>> cited 
as the ``Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1997''.

[[Page 110 STAT. 3009-173]]

TITLE VI--NATO ENLARGEMENT <<NOTE: NATO Enlargement Facilitation Act of 
1996. 22 USC 1928 note.>> FACILITATION ACT OF 1996

SEC. 601. SHORT TITLE.

      This title may be cited as the ``NATO Enlargement Facilitation Act 
of 1996''.

SEC. 602. FINDINGS.

      The Congress makes the following findings:
            (1) Since 1949, the North Atlantic Treaty Organization 
        (NATO) has played an essential role in guaranteeing the 
        security, freedom, and prosperity of the United States and its 
        partners in the Alliance.
            (2) The NATO Alliance is, and has been since its inception, 
        purely defensive in character, and it poses no threat to any 
        nation. The enlargement of the NATO Alliance to include as full 
        and equal members emerging democracies in Central and Eastern 
        Europe will serve to reinforce stability and security in Europe 
        by fostering their integration into the structures which have 
        created and sustained peace in Europe since 1945. Their 
        admission into NATO will not threaten any nation. America's 
        security, freedom, and prosperity remain linked to the security 
        of the countries of Europe.
            (3) The sustained commitment of the member countries of NATO 
        to a mutual defense has made possible the democratic 
        transformation of Central and Eastern Europe. Members of the 
        Alliance can and should play a critical role in addressing the 
        security challenges of the post-Cold War era and in creating the 
        stable environment needed for those emerging democracies in 
        Central and Eastern Europe to successfully complete political 
        and economic transformation.
            (4) The United States continues to regard the political 
        independence and territorial integrity of all emerging 
        democracies in Central and Eastern Europe as vital to European 
        peace and security.
            (5) The active involvement by the countries of Central and 
        Eastern Europe has made the Partnership for Peace program an 
        important forum to foster cooperation between NATO and those 
        countries seeking NATO membership.
            (6) NATO has enlarged its membership on 3 different 
        occasions since 1949.
            (7) Congress supports the admission of qualified new members 
        to NATO and the European Union at an early date and has sought 
        to facilitate the admission of qualified new members into NATO.
            (8) Lasting security and stability in Europe requires not 
        only the military integration of emerging democracies in Central 
        and Eastern Europe into existing European structures, but also 
        the eventual economic and political integration of these 
        countries into existing European structures.
            (9) As new members of NATO assume the responsibilities of 
        Alliance membership, the costs of maintaining stability in 
        Europe should be shared more widely. Facilitation of the 
        enlargement process will require current members of NATO, and 
        the United States in particular, to demonstrate the political 
        will needed to build on successful ongoing programs such as the 
        Warsaw Initiative and the Partnership for Peace by making

[[Page 110 STAT. 3009-174]]

        available the resources necessary to supplement efforts 
        prospective new members are themselves undertaking.
            (10) New members will be full members of the Alliance, 
        enjoying all rights and assuming all the obligations under the 
        North Atlantic Treaty, signed at Washington on April 4, 1949 
        (hereafter in this Act referred to as the ``Washington 
        Treaty'').
            (11) In order to assist emerging democracies in Central and 
        Eastern Europe that have expressed interest in joining NATO to 
        be prepared to assume the responsibilities of NATO membership, 
        the United States should encourage and support efforts by such 
        countries to develop force structures and force modernization 
        priorities that will enable such countries to contribute to the 
        full range of NATO missions, including, most importantly, 
        territorial defense of the Alliance.
            (12) Cooperative regional peacekeeping initiatives involving 
        emerging democracies in Central and Eastern Europe that have 
        expressed interest in joining NATO, such as the Baltic 
        Peacekeeping Battalion, the Polish-Lithuanian Joint Peacekeeping 
        Force, and the Polish-Ukrainian Peacekeeping Force, can make an 
        important contribution to European peace and security and 
        international peacekeeping efforts, can assist those countries 
        preparing to assume the responsibilities of possible NATO 
        membership, and accordingly should receive appropriate support 
        from the United States.
            (13) NATO remains the only multilateral security 
        organization capable of conducting effective military operations 
        and preserving security and stability of the Euro-Atlantic 
        region.
            (14) NATO is an important diplomatic forum and has played a 
        positive role in defusing tensions between members of the 
        Alliance and, as a result, no military action has occurred 
        between two Alliance member states since the inception of NATO 
        in 1949.
            (15) The admission to NATO of emerging democracies in 
        Central and Eastern Europe which are found to be in a position 
        to further the principles of the Washington Treaty would 
        contribute to international peace and enhance the security of 
        the region. Countries which have become democracies and 
        established market economies, which practice good neighborly 
        relations, and which have established effective democratic 
        civilian control over their defense establishments and attained 
        a degree of interoperability with NATO, should be evaluated for 
        their potential to further the principles of the Washington 
        Treaty.
            (16) Democratic civilian control of defense forces is an 
        essential element in the process of preparation for those states 
        interested in possible NATO membership.
            (17) Protection and promotion of fundamental freedoms and 
        human rights is an integral aspect of genuine security, and in 
        evaluating requests for membership in NATO, the human rights 
        records of the emerging democracies in Central and Eastern 
        Europe should be evaluated according to their commitments to 
        fulfill in good faith the human rights obligations of the 
        Charter of the United Nations, the principles of the Universal 
        Declaration on Human Rights, and the Helsinki Final Act.
            (18) A number of Central and Eastern European countries have 
        expressed interest in NATO membership, and have taken

[[Page 110 STAT. 3009-175]]

        concrete steps to demonstrate this commitment, including their 
        participation in Partnership for Peace activities.
            (19) The Caucasus region remains important geographically 
        and politically to the future security of Central Europe. As 
        NATO proceeds with the process of enlargement, the United States 
        and NATO should continue to examine means to strengthen the 
        sovereignty and enhance the security of United Nations 
        recognized countries in that region.
            (20) In recognition that not all countries which have 
        requested membership in NATO will necessarily qualify at the 
        same pace, the accession date for each new member will vary.
            (21) The provision of additional NATO transition assistance 
        should include those emerging democracies most ready for closer 
        ties with NATO and should be designed to assist other countries 
        meeting specified criteria of eligibility to move forward toward 
        eventual NATO membership.
            (22) The Congress of the United States finds in particular 
        that Poland, Hungary, and the Czech Republic have made 
        significant progress toward achieving the criteria set forth in 
        section 203(d)(3) of the NATO Participation Act of 1994 and 
        should be eligible for the additional assistance described in 
        this Act.
            (23) The evaluation of future membership in NATO for 
        emerging democracies in Central and Eastern Europe should be 
        based on the progress of those nations in meeting criteria for 
        NATO membership, which require enhancement of NATO's security 
        and the approval of all NATO members.
            (24) The process of NATO enlargement entails the consensus 
        agreement of the governments of all 16 NATO members and 
        ratification in accordance with their constitutional procedures.
            (25) Some NATO members, such as Spain and Norway, do not 
        allow the deployment of nuclear weapons on their territory 
        although they are accorded the full collective security 
        guarantees provided by Article 5 of the Washington Treaty. There 
        is no a priori requirement for the stationing of nuclear weapons 
        on the territory of new NATO members, particularly in the 
        current security climate. However, NATO retains the right to 
        alter its security posture at any time as circumstances warrant.

SEC. 603. UNITED STATES POLICY.

      It is the policy of the United States--
            (1) to join with the NATO allies of the United States to 
        adapt the role of the NATO Alliance in the post-Cold War world;
            (2) to actively assist the emerging democracies in Central 
        and Eastern Europe in their transition so that such countries 
        may eventually qualify for NATO membership;
            (3) to support the enlargement of NATO in recognition that 
        enlargement will benefit the interests of the United States and 
        the Alliance and to consider these benefits in any analysis of 
        the costs of NATO enlargement;
            (4) to ensure that all countries in Central and Eastern 
        Europe are fully aware of and capable of assuming the costs

[[Page 110 STAT. 3009-176]]

        and responsibilities of NATO membership, including the 
        obligation set forth in Article 10 of the Washington Treaty that 
        new members be able to contribute to the security of the North 
        Atlantic area; and
            (5) to work to define a constructive and cooperative 
        political and security relationship between an enlarged NATO and 
        the Russian Federation.

SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER ENLARGEMENT OF NATO.

      It is the sense of the Congress that in order to promote economic 
stability and security in Slovakia, Estonia, Latvia, Lithuania, Romania, 
Bulgaria, Albania, Moldova, and Ukraine--
            (1) the United States should continue and expand its support 
        for the full and active participation of these countries in 
        activities appropriate for qualifying for NATO membership;
            (2) the United States Government should use all diplomatic 
        means available to press the European Union to admit as soon as 
        possible any country which qualifies for membership;
            (3) the United States Government and the North Atlantic 
        Treaty Organization should continue and expand their support for 
        military exercises and peacekeeping initiatives between and 
        among these nations, nations of the North Atlantic Treaty 
        Organization, and Russia; and
            (4) the process of enlarging NATO to include emerging 
        democracies in Central and Eastern Europe should not be limited 
        to consideration of admitting Poland, Hungary, the Czech 
        Republic, and Slovenia as full members of the NATO Alliance.

SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA, LATVIA AND LITHUANIA.

      In view of the forcible incorporation of Estonia, Latvia, 
Lithuania into the Soviet Union in 1940 under the Molotov-Ribbentrop 
Pact and the refusal of the United States and other countries to 
recognize that incorporation for over 50 years, it is the sense of the 
Congress that--
            (1) Estonia, Latvia, and Lithuania have valid historical 
        security concerns that must be taken into account by the United 
        States; and
            (2) Estonia, Latvia, and Lithuania should not be 
        disadvantaged in seeking to join NATO by virtue of their 
        forcible incorporation into the Soviet Union.

SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT 
            ASSISTANCE.

      (a) In General.--The following countries are designated as 
eligible to receive assistance under the program established under 
section 203(a) of the NATO Participation Act of 1994 and shall be deemed 
to have been so designated pursuant to section 203(d)(1) of such Act: 
Poland, Hungary, and the Czech Republic.
      (b) Designation of Slovenia.--Effective 90 days after the date of 
enactment of this Act, Slovenia is designated as eligible to receive 
assistance under the program established under section 203(a) of the 
NATO Participation Act of 1994, and shall be deemed to have been so 
designated pursuant to section 203(d) of such Act, unless the President 
certifies to Congress prior to such effective date that Slovenia fails 
to meet the criteria under section 203(d)(3) of such Act.

[[Page 110 STAT. 3009-177]]

      (c) Designation of Other Countries.--The President shall designate 
other emerging democracies in Central and Eastern Europe as eligible to 
receive assistance under the program established under section 203(a) of 
such Act if such countries--
            (1) have expressed a clear desire to join NATO;
            (2) have begun an individualized dialogue with NATO in 
        preparation for accession;
            (3) are strategically significant to an effective NATO 
        defense; and
            (4) meet the other criteria outlined in section 203(d)(3) of 
        the NATO Participation Act of 1994 (title II of Public Law 103-
        447; 22 U.S.C. 1928 note).
      (d) Rule of Construction.--Nothing in this section precludes the 
designation by the President of Estonia, Latvia, Lithuania, Romania, 
Slovakia, Bulgaria, Albania, Moldova, Ukraine, or any other emerging 
democracy in Central and Eastern Europe pursuant to section 203(d) of 
the NATO Participation Act of 1994 as eligible to receive assistance 
under the program established under section 203(a) of such Act.

SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO ENLARGEMENT 
            ASSISTANCE.

      (a) In General.--There are authorized to be appropriated 
$60,000,000 for fiscal year 1997 for the program established under 
section 203(a) of the NATO Participation Act of 1994.
      (b) Availability.--Of the funds authorized to be appropriated by 
subsection (a)--
            (1) not less than $20,000,000 shall be available for the 
        cost, as defined in section 502(5) of the Credit Reform Act of 
        1990, of direct loans pursuant to the authority of section 
        203(c)(4) of the NATO Participation Act of 1994 (relating to the 
        ``Foreign Military Financing Program'');
            (2) not less than $30,000,000 shall be available for 
        assistance on a grant basis pursuant to the authority of section 
        203(c)(4) of the NATO Participation Act of 1994 (relating to the 
        ``Foreign Military Financing Program''); and
            (3) not more than $10,000,000 shall be available for 
        assistance pursuant to the authority of section 203(c)(3) of the 
        NATO Participation Act of 1994 (relating to international 
        military education and training).
      (c) Rule of Construction.--Amounts authorized to be appropriated 
under this section are authorized to be appropriated in addition to such 
amounts as otherwise may be available for such purposes.

SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR PEACE 
            INFORMATION MANAGEMENT SYSTEM.

      (a) In General.--To the extent provided in advance in 
appropriations acts for such purposes, funds described in subsection (b) 
are authorized to be made available to support the implementation of the 
Regional Airspace Initiative and the Partnership for Peace Information 
Management System, including--
            (1) the procurement of items in support of these programs; 
        and
            (2) the transfer of such items to countries participating in 
        these programs.
      (b) Funds Described.--Funds described in this subsection are funds 
that are available--

[[Page 110 STAT. 3009-178]]

            (1) during any fiscal year under the NATO Participation Act 
        of 1994 with respect to countries eligible for assistance under 
        that Act; or
            (2) during fiscal year 1997 under any Act to carry out the 
        Warsaw Initiative.

SEC. 609. EXCESS DEFENSE ARTICLES.

      (a) Priority Delivery.--Notwithstanding any other provision of 
law, the delivery of excess defense articles under the authority of 
section 203(c) (1) and (2) of the NATO Participation Act of 1994 and 
section 516 of the Foreign Assistance Act of 1961 shall be given 
priority to the maximum extent feasible over the delivery of such excess 
defense articles to all other countries except those countries referred 
to in section 541 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 Stat. 
1640).
      (b) Cooperative Regional Peacekeeping Initiatives.--The Congress 
encourages the President to provide excess defense articles and other 
appropriate assistance to cooperative regional peacekeeping initiatives 
involving emerging democracies in Central and Eastern Europe that have 
expressed an interest in joining NATO in order to enhance their ability 
to contribute to European peace and security and international 
peacekeeping efforts.

SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY.

      The Congress endorses efforts by the United States to modernize 
the defense capability of Poland, Hungary, the Czech Republic, Slovenia, 
and any other countries designated by the President pursuant to section 
203(d) of the NATO Participation Act of 1994, by exploring with such 
countries options for the sale or lease to such countries of weapons 
systems compatible with those used by NATO members, including air 
defense systems, advanced fighter aircraft, and telecommunications 
infrastructure.

SEC. 611. TERMINATION OF ELIGIBILITY.

      (a) Termination of Eligibility.--The eligibility of a country 
designated pursuant to subsection (a) or (b) of section 606 or pursuant 
to section 203(d) of the NATO Participation Act of 1994 may be 
terminated upon a determination by the President that such country does 
not meet the criteria set forth in section 203(d)(3) of the NATO 
Participation Act of 1994.
      (b) Notification.--At least 15 days before terminating the 
eligibility of any country pursuant to subsection (a), the President 
shall notify the congressional committees specified in section 634A of 
the Foreign Assistance Act of 1961 in accordance with the procedures 
applicable to reprogramming notifications under that section.

SEC. 612. CONFORMING AMENDMENTS TO THE NATO PARTICIPATION ACT.

      The NATO Participation Act of 1994 (title II of Public Law 103-
447; 22 U.S.C. 1928 note) is amended in sections 203(a), 203(d)(1), and 
203(d)(2) by striking ``countries emerging from communist domination'' 
each place it appears and inserting ``emerging democracies in Central 
and Eastern Europe''.

[[Page 110 STAT. 3009-179]]

TITLE VII--MIDDLE <<NOTE: Bank for Economic Cooperation and Development 
    in the Middle East and North Africa Act. 22 USC 290o note 22 USC 
290o.>>  EAST DEVELOPMENT BANK

SEC. 701. SHORT TITLE.

      This title may be cited as the ``Bank for Economic Cooperation and 
Development in the Middle East and North Africa Act''.

SEC. 702. ACCEPTANCE OF MEMBERSHIP.

      The President is hereby authorized to accept membership for the 
United States in the Bank for Economic Cooperation and Development in 
the Middle East and North Africa (in this title referred to as the 
``Bank'') provided for by the agreement establishing the Bank (in this 
title referred to as the ``Agreement''), signed on May 31, 1996.

SEC. 703. <<NOTE: 22 USC 290o-1.>>  GOVERNOR AND ALTERNATE GOVERNOR.
      (a) Appointment.--At the inaugural meeting of the Board of 
Governors of the Bank, the Governor and the alternate for the Governor 
of the International Bank for Reconstruction and Development, appointed 
pursuant to section 3 of the Bretton Woods Agreements Act, shall serve 
ex-officio as a Governor and the alternate for the Governor, 
respectively, of the Bank. The President, by and with the advice and 
consent of the Senate, shall appoint a Governor of the Bank and an 
alternate for the Governor.
      (b) Compensation.--Any person who serves as a governor of the Bank 
or as an alternate for the Governor may not receive any salary or other 
compensation from the United States by reason of such service.

SEC. 704. <<NOTE: 22 USC 290o-2.>>  APPLICABILITY OF CERTAIN PROVISIONS 
            OF THE BRETTON WOODS AGREEMENTS ACT.
      Section 4 of the Bretton Woods Agreements Act shall apply to the 
Bank in the same manner in which such section applies to the 
International Bank for Reconstruction and Development and the 
International Monetary Fund.

SEC. 705. <<NOTE: 22 USC 290o-3.>>  FEDERAL RESERVE BANKS AS 
            DEPOSITORIES.
      Any Federal Reserve Bank which is requested to do so by the Bank 
may act as its depository, or as its fiscal agent, and the Board of 
Governors of the Federal Reserve System shall exercise general 
supervision over the carrying out of these functions.

SEC. 706. <<NOTE: 22 USC 290o-4.>>  SUBSCRIPTION OF STOCK.
      (a) Subscription Authority.--
            (1) In general.--The Secretary of the Treasury may subscribe 
        on behalf of the United States to not more than 7,011,270 shares 
        of the capital stock of the Bank.
            (2) Effectiveness of subscription commitment.--Any 
        commitment to make such subscription shall be effective only to 
        such extent or in such amounts as are provided for in advance by 
        appropriations Acts.
      (b) Limitations on Authorization of Appropriations.--For payment 
by the Secretary of the Treasury of the subscription of the United 
States for shares described in subsection (a), there are authorized to 
be appropriated $1,050,007,800 without fiscal year limitation.
      (c) Limitations on Obligation of Appropriated Amounts for Shares 
of Capital Stock.--
            (1) Paid-in capital stock.--

[[Page 110 STAT. 3009-180]]

                    (A) In general.--Not more than $105,000,000 of the 
                amounts appropriated pursuant to subsection (b) may be 
                obligated for subscription to shares of paid-in capital 
                stock.
                    (B) Fiscal year 1997.--Not more than $52,500,000 of 
                the amounts appropriated pursuant to subsection (b) for 
                fiscal year 1997 may be obligated for subscription to 
                shares of paid-in capital stock.
            (2) Callable capital stock.--Not more than $787,505,852 of 
        the amounts appropriated pursuant
to subsection (b) may be obligated for subscription to shares of 
callable capital stock.
      (d) Disposition of Net Income Distributions by the Bank.--Any 
payment made to the United States by the Bank as a distribution of net 
income shall be covered into the Treasury as a miscellaneous receipt.

SEC. 707. JURISDICTION AND VENUE OF CIVIL <<NOTE: 22 USC 290o-5.>>  
            ACTIONS BY OR AGAINST THE BANK.
      (a) Jurisdiction.--The United States district courts shall have 
original and exclusive jurisdiction of any civil action brought in the 
United States by or against the Bank.
      (b) Venue.--For purposes of section 1391(b) of title 28, United 
States Code, the Bank shall be deemed to be a resident of the judicial 
district in which the principal office of the Bank in the United States, 
or its agent appointed for the purpose of accepting service or notice of 
service, is located.

SEC. 708. EFFECTIVENESS OF <<NOTE: 22 USC 290o-6.>>  AGREEMENT.
      The Agreement shall have full force and effect in the United 
States, its territories and possessions, and the Commonwealth of Puerto 
Rico, upon acceptance of membership by the United States in the Bank and 
the entry into force of the Agreement.

SEC. 709. EXEMPTION FROM SECURITIES LAWS <<NOTE: 22 USC 290o-7.>>  FOR 
            CERTAIN SECURITIES ISSUED BY THE BANK; REPORTS REQUIRED.
      (a) Exemption from Securities Laws; Reports to Securities and 
Exchange Commission.--Any securities issued by the Bank (including any 
guaranty by the Bank, whether or not limited in scope) in connection 
with borrowing of funds, or the guarantee of securities as to both 
principal and interest, shall be deemed to be exempted securities within 
the meaning of section 3(a)(2) of the Securities Act of 1933 and section 
3(a)(12) of the Securities Exchange Act of 1934. The Bank shall file 
with the Securities and Exchange Commission such annual and other 
reports with regard to such securities as the Commission shall determine 
to be appropriate in view of the special character of the Bank and its 
operations and necessary in the public interest or for the protection of 
investors.
      (b) Authority of Securities and Exchange Commission to Suspend 
Exemption; Reports to the Congress.--The  Securities  and  Exchange 
Commission, acting in consultation with such agency or officer as the 
President shall designate, may suspend the provisions of subsection (a) 
at any time as to any or all securities issued or guaranteed by the Bank 
during the period of such suspension. The Commission shall include in 
its annual reports to the Congress
such information as it shall deem advisable with regard to the 
operations and effect of this section.

[[Page 110 STAT. 3009-181]]

SEC. 710. TECHNICAL AMENDMENTS.

      (a) Annual Report Required on Participation of the United States 
in the Bank.--Section 1701(c)(2) of the International Financial 
Institutions Act (22 U.S.C. 262r(c)(2)) is amended by inserting ``Bank 
for Economic Cooperation and Development in the Middle East and North 
Africa,'' after ``Inter-American Development Bank''.
      (b) Exemption from Limitations and Restrictions on Power of 
National, Banking Associations To Deal in and Underwrite Investment 
Securities of the Bank.--The seventh sentence of paragraph 7 of section 
5136 of the Revised Statutes of the United States (12 U.S.C. 24) is 
amended by inserting ``Bank for Economic Cooperation and Development in 
the Middle East and North Africa,'' after ``the Inter-American 
Development Bank''.
      (c) Benefits for United States Citizen-Representatives to the 
Bank.--Section 51 of Public Law 91-599 (22 U.S.C. 276c-2) is amended by 
inserting ``the Bank for Economic Cooperation and Development in the 
Middle East and North Africa,'' after ``the Inter-American Development 
Bank,''.

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

     AN ACT <<NOTE: Department of the Interior and Related Agencies 
Appropriations Act, 1997.>> 

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

                   TITLE I--DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                    management of lands and resources

    For expenses necessary for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, in 
the management of lands and their resources under the jurisdiction of 
the Bureau of Land Management, including the general administration of 
the Bureau, and assessment of mineral potential of public lands pursuant 
to Public Law 96-487 (16 U.S.C. 3150(a)), $572,164,000, to remain 
available until expended, of which $2,010,000 shall be available for 
assessment of the mineral potential of public lands in Alaska pursuant 
to section 1010 of Public Law 96-487 (16 U.S.C. 3150); and of which 
$3,000,000 shall be derived from the special receipt account established 
by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 
460l-6a(i)); and of which $1,000,000 shall be available in fiscal year 
1997 subject to a match by at least an equal amount by the National Fish 
and Wildlife Foundation, to such Foundation for challenge cost share 
projects supporting fish and wildlife conservation affecting Bureau 
lands; in addition, $27,300,000 for Mining Law Administration program 
operations, to remain available until expended, to be reduced by amounts 
collected by the Bureau and credited to this appropriation from annual 
mining claim fees so as to result

[[Page 110 STAT. 3009-182]]

in a final appropriation estimated at not more than $572,164,000; and in 
addition, not to exceed $5,000,000, to remain available until expended, 
from annual mining claim fees; which shall be credited to this account 
for the costs of administering the mining claim fee program, and 
$2,000,000 from communication site rental fees established by the Bureau 
for the cost of administering communication site activities: Provided, 
That appropriations herein made shall not be available for the 
destruction of healthy, unadopted, wild horses and burros in the care of 
the Bureau or its contractors: Provided further, That in fiscal year 
1997 and thereafter, <<NOTE: 43 USC 1734a.>> all fees, excluding mining 
claim fees, in excess of the fiscal year 1996 collections established by 
the Secretary of the Interior under the authority of 43 U.S.C. 1734 for 
processing, recording, or documenting authorizations to use public lands 
or public land natural resources (including cultural, historical, and 
mineral) and for providing specific services to public land users, and 
which are not presently being covered into any Bureau of Land Management 
appropriation accounts, and not otherwise dedicated by law for a 
specific distribution, shall be made immediately available for program 
operations in this account and remain available until expended.

                        wildland fire management

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

                    central hazardous materials fund

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

[[Page 110 STAT. 3009-183]]

                              construction

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

                        payments in lieu of taxes

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

                            land acquisition

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

                    oregon and california grant lands

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

                           range improvements

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

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies

[[Page 110 STAT. 3009-184]]

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

                        miscellaneous trust funds

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

                        administrative provisions

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

[[Page 110 STAT. 3009-185]]

                 United States Fish and Wildlife Service

                           resource management

    For expenses necessary for scientific and economic studies, 
conservation, management, investigations, protection, and utilization of 
fishery and wildlife resources, except whales, seals, and sea lions, and 
for the performance of other authorized functions related to such 
resources; for the general administration of the United States Fish and 
Wildlife Service; for maintenance of the herd of long-horned cattle on 
the Wichita Mountains Wildlife Ref- uge; and not less than $1,000,000 
for high priority projects within the scope of the approved budget which 
shall be carried out by the Youth Conservation Corps as authorized by 
the Act of August 13, 1970, as amended, $523,947,000, to remain 
available until September 30, 1998, of which $11,557,000 shall remain 
available until expended for operation and maintenance of fishery 
mitigation facilities constructed by the Corps of Engineers under the 
Lower Snake River Compensation Plan, authorized by the Water Resources 
Development Act of 1976, to compensate for loss of fishery resources 
from water development projects on the Lower Snake River, and of which 
$2,000,000 shall be provided to local governments in southern California 
for planning associated with the Natural Communities Conservation 
Planning (NCCP) program and shall remain available until expended: 
Provided, That hereafter, <<NOTE: 16 USC 742b note.>>  pursuant to 31 
U.S.C. 9701, the Secretary shall charge reasonable fees for the full 
costs of providing training by the National Education and Training 
Center, to be credited to this account, notwithstanding 31 U.S.C. 3302, 
for the direct costs of providing such training.

                              construction

    For construction and acquisition of buildings and other facilities 
required in the conservation, management, investigation, protection, and 
utilization of fishery and wildlife resources, and the acquisition of 
lands and interests therein; $43,365,000 to remain available until 
expended.

                 natural resource damage assessment fund

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

                            land acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including 
administrative expenses, and for acquisition of land or waters, or 
interest therein, in accordance with statutory authority applicable to 
the United States Fish and Wildlife Service, <<NOTE: 16 USC 668dd 
note.>> $44,479,000, of which $3,000,000 is authorized to be 
appropriated and shall be used to establish the Clarks River National 
Wildlife

[[Page 110 STAT. 3009-186]]

Refuge in Kentucky, to be derived from the Land and Water Conservation 
Fund, to remain available until expended.

            cooperative endangered species conservation fund

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

                      national wildlife refuge fund

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

                         rewards and operations

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

                north american wetlands conservation fund

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

                 rhinoceros and tiger conservation fund

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

               wildlife conservation and appreciation fund

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

                        administrative provisions

    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 83 
passenger motor vehicles of which 73 are for replacement only (including 
43 for police-type use); not to exceed $400,000 for payment, at the 
discretion of the Secretary, for information, rewards, or evidence 
concerning violations of laws administered by the Service, and 
miscellaneous and emergency expenses of enforcement activities, 
authorized or approved by the Secretary and to be accounted for solely 
on his certificate; repair of damage to public roads within and adjacent 
to reservation areas caused by operations of the Service; options for 
the purchase of land at not to exceed $1 for each option; facilities 
incident to such public recreational uses on conservation areas as are 
consistent with their primary purpose; and the maintenance and 
improvement of aquaria, buildings, and other facilities under the 
jurisdiction of the Service and

[[Page 110 STAT. 3009-187]]

to which the United States has title, and which are utilized pursuant to 
law in connection with management and investigation of fish and wildlife 
resources: Provided, That notwithstanding 44 U.S.C. 501, the Service 
may, under cooperative cost sharing and partnership arrangements 
authorized by law, procure printing services from cooperators in 
connection with jointly-produced publications for which the cooperators 
share at least one-half the cost of printing either in cash or services 
and the Service determines the cooperator is capable of meeting accepted 
quality standards: Provided further, That the Service may accept donated 
aircraft as replacements for existing aircraft: Provided further, That 
notwithstanding any other provision of law, the Secretary of the 
Interior may not spend any of the funds appropriated in this Act for the 
purchase of lands or interests in lands to be used in the establishment 
of any new unit of the National Wildlife Refuge System unless the 
purchase is approved in advance by the House and Senate Committees on 
Appropriations in compliance with the reprogramming procedures contained 
in House Report 103-551: Provided further, That section 101(c) of the 
Omnibus Consolidated Rescissions and Appropriations Act of 1996 is 
amended in section 315(c)(1)(E) (110 Stat. 1321-201; 16 U.S.C. 460l-6a 
note) by striking ``distributed in accordance with section 201(c) of the 
Emergency Wetlands Resources Act'' and inserting ``available to the 
Secretary of the Interior until expended to be used in accordance with 
clauses (i), (ii), and (iii) of section 201(c)(A) of the Emergency 
Wetlands Resources Act of 1986 (16 U.S.C. 3911(c)(A))''.

                          National Park Service

                  operation of the national park system

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

                  national recreation and preservation

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

[[Page 110 STAT. 3009-188]]

                       historic preservation fund

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

                              construction

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

                    land and water conservation fund

                              (rescission)

    The contract <<NOTE: 16 USC 460l-10a note.>>  authority provided for 
fiscal year 1997 by 16 U.S.C. 460l-10a is rescinded.

                  land acquisition and state assistance

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including 
administrative expenses, and for acquisition of lands or waters, or 
interest therein, in accordance with statutory authority applicable to 
the National Park Service, $53,915,000, to be derived from the Land and 
Water Conservation Fund, to remain available until expended, of which 
$1,500,000 is to administer the State assistance program: Provided, That 
any funds made available for the purpose of acquisition of the Elwha and 
Glines dams shall be used solely for acquisition, and shall not be 
expended until the full purchase amount has been appropriated by the 
Congress: Provided further, That of the funds provided herein, 
$9,000,000 is available for acquisition of the Sterling Forest, subject 
to authorization.

                        administrative provisions

    Appropriations for the National Park Service shall be available for 
the purchase of not to exceed 404 passenger motor vehicles, of which 287 
shall be for replacement only, including not to exceed 320 for police-
type use, 13 buses, and 6 ambulances: Provided, That none of the funds 
appropriated to the National Park Service may be used to process any 
grant or contract documents which do not include the text of 18 U.S.C. 
1913: Provided further, That none of the funds appropriated to the 
National Park Service may be used to implement an agreement for the 
redevelopment of the

[[Page 110 STAT. 3009-189]]

southern end of Ellis Island until such agreement has been
submitted to the Congress and shall not be implemented prior to the 
expiration of 30 calendar days (not including any day in which either 
House of Congress is not in session because of adjournment of more than 
three calendar days to a day certain) from the receipt by the Speaker of 
the House of Representatives and the President of the Senate of a full 
and comprehensive report on the development of the southern end of Ellis 
Island, including the facts and circumstances relied upon in support of 
the proposed project.

    None of the funds in this Act may be spent by the National Park 
Service for activities taken in direct response to the United Nations 
Biodiversity Convention.
    The National Park <<NOTE: 16 USC 1g.>>  Service may in fiscal year 
1997 and thereafter enter into cooperative agreements that involve the 
transfer of National Park Service appropriated funds to State, local and 
tribal governments, other public entities, educational institutions, and 
private nonprofit organizations for the public purpose of carrying out 
National Park Service programs pursuant to 31 U.S.C. 6305 to carry out 
public purposes of National Park Service programs.
      Notwithstanding any other provision of law, remaining balances, 
including interest, from funds granted to the National Park Foundation 
pursuant to the National Park System Visitor Facilities Fund Act of 1983 
(Public Law 97-433, 96 Stat. 2277) shall be available to the National 
Park Foundation for expenditure in units of the National Park System for 
the purpose of improving visitor facilities.

                     United States Geological Survey

                  surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, and the mineral and water resources of the United 
States, its Territories and possessions, and other areas as authorized 
by 43 U.S.C. 31, 1332 and 1340; classify lands as to their mineral and 
water resources; give engineering supervision to power permittees and 
Federal Energy Regulatory Commission licensees; administer the minerals 
exploration program (30 U.S.C. 641); and publish and disseminate data 
relative to the foregoing activities; and to conduct inquiries into the 
economic conditions affecting mining and materials processing industries 
(30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as 
authorized by law and to publish and disseminate data; $738,913,000 of 
which $64,559,000 shall be available only for cooperation with States or 
municipalities for water resources investigations; and of which 
$16,000,000 shall remain available until expended for conducting 
inquiries into the economic conditions affecting mining and materials 
processing industries; and of which $137,500,000 shall be available 
until September 30, 1998 for the biological research activity and the 
operation of the Cooperative Research Units: Provided, That none of 
these funds provided for the biological research activity shall be used 
to conduct new surveys on private property, unless specifically 
authorized in writing by the property owner: Provided further, 
That <<NOTE: 43 USC 31j.>> beginning in fiscal year 1998 and once every 
five years thereafter, the National Academy

[[Page 110 STAT. 3009-190]]

of Sciences shall review and report on the biological research 
activity <<NOTE: 43 USC 50.>> of the Survey: Provided further, That no 
part of this appropriation shall be used to pay more than one-half the 
cost of topographic mapping or water resources data collection and 
investigations carried on in cooperation with States and municipalities.

                        administrative provisions

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

                       Minerals Management Service

                royalty and offshore minerals management

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

[[Page 110 STAT. 3009-191]]

                           oil spill research

    For necessary expenses to carry out title I, section 1016, title IV, 
sections 4202 and 4303, title VII, and title VIII, section 8201 of the 
Oil Pollution Act of 1990, $6,440,000, which shall be derived from the 
Oil Spill Liability Trust Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement

                        regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, including the purchase of not to exceed 10 passenger motor 
vehicles, for replacement only; $94,172,000, and notwithstanding 31 
U.S.C. 3302, an additional amount shall be credited to this account, to 
remain available until expended, from performance bond forfeitures in 
fiscal year 1997: Provided, That the Secretary of the Interior, pursuant 
to regulations, may utilize directly or through grants to States, moneys 
collected in fiscal year 1997 for civil penalties assessed under section 
518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1268), to reclaim lands adversely affected by coal mining practices 
after <<NOTE: 30 USC 1211 note.>> August 3, 1977, to remain available 
until expended: Provided further, That appropriations for the Office of 
Surface Mining Reclamation and Enforcement may provide for the travel 
and per diem expenses of State and tribal personnel attending Office of 
Surface Mining Reclamation and Enforcement sponsored training.

                     abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
including the purchase of not more than 10 passenger motor vehicles for 
replacement only, $177,085,000, to be derived from receipts of the 
Abandoned Mine Reclamation Fund and to remain available until expended; 
of which up to $4,000,000 shall be for supplemental grants to States for 
the reclamation of abandoned sites with acid mine rock drainage from 
coal mines through the Appalachian Clean Streams Initiative: Provided, 
That grants to minimum program States will be $1,500,000 per State in 
fiscal year 1997: Provided further, That of the funds herein provided up 
to $18,000,000 may be used for the emergency program authorized by 
section 410 of Public Law 95-87, as amended, of which no more than 25 
per centum shall be used for emergency reclamation projects in any one 
State and funds for federally-administered emergency reclamation 
projects under this proviso shall not exceed $11,000,000: Provided 
further, That prior year unobligated funds appropriated for the 
emergency reclamation program shall not be subject to the 25 per centum 
limitation per State and may be used without fiscal year limitation for 
emergency projects: Provided further, That pursuant to Public Law 97-
365, the Department of the Interior is authorized to use up to 20 per 
centum from the recovery of the delinquent debt owed to the United 
States Government to pay for contracts to collect these debts: Provided 
further, That funds made available to States under title IV of Public 
Law 95-87 may be used, at their discretion, for any required

[[Page 110 STAT. 3009-192]]

non-Federal share of the cost of projects funded by the Federal 
Government for the purpose of environmental restoration related to 
treatment or abatement of acid mine drainage from abandoned mines: 
Provided further, That such projects must be consistent with the 
purposes and priorities of the Surface Mining Control and Reclamation 
Act:
Provided further, That the State of Maryland may set aside the greater 
of $1,000,000 or 10 percent of the total of the grants made available to 
the State under title IV of the Surface Mining Control and Reclamation 
Act of 1977, as amended (30 U.S.C. 1231 et. seq.), if the amount set 
aside is deposited in an acid mine drainage abatement and treatment fund 
established under a State law, pursuant to which law the amount 
(together with all interest earned on the amount) is expended by the 
State to undertake acid mine drainage abatement and treatment projects, 
except that before any amounts greater than 10 percent of its title IV 
grants are deposited in an acid mine drainage abatement and treatment 
fund, the State of Maryland must first complete all Surface Mining 
Control and Reclamation Act priority one projects.

                        Bureau of Indian Affairs

                      operation of indian programs

    For operation of Indian programs by direct expenditure, contracts, 
cooperative agreements, compacts, and grants including expenses 
necessary to provide education and welfare services for Indians, either 
directly or in cooperation with States and other organizations, 
including payment of care, tuition, assistance, and other expenses of 
Indians in boarding homes, or institutions, or schools; grants and other 
assistance to needy Indians; maintenance of law and order; management, 
development, improvement, and protection of resources and appurtenant 
facilities under the jurisdiction of the Bureau, including payment of 
irrigation assessments and charges; acquisition of water rights; 
advances for Indian industrial and business enterprises; operation of 
Indian arts and crafts shops and museums; development of Indian arts and 
crafts, as authorized by law; for the general administration of the 
Bureau, including such expenses in field offices; maintaining of Indian 
reservation roads as defined in 23 U.S.C. 101; and construction, repair, 
and improvement of Indian housing, $1,436,902,000, of which not to 
exceed $86,520,000 shall be for welfare assistance payments and not to 
exceed $90,829,000 shall be for payments to tribes and tribal 
organizations for contract support costs associated with ongoing 
contracts or grants or compacts entered into with the Bureau prior to 
fiscal year 1997, as authorized by the Indian Self-Determination Act of 
1975, as amended, and up to $5,000,000 shall be for the Indian Self-
Determination Fund, which shall be available for the transitional cost 
of initial or expanded tribal contracts, grants, compacts, or 
cooperative agreements with the Bureau under such Act; and of which not 
to exceed $365,124,000 for school operations costs of Bureau-funded 
schools and other education programs shall become available on July 1, 
1997, and shall remain available until September 30, 1998; and of which 
not to exceed $53,805,000 for higher education scholarships, adult 
vocational training, and assistance to public schools under 25 U.S.C. 
452 et seq., shall remain available until September 30, 1998; and of

[[Page 110 STAT. 3009-193]]

which not to exceed $54,973,000 shall remain available until expended 
for housing improvement, road maintenance, attorney fees, litigation 
support, self-governance grants, the Indian Self-Determination Fund, and 
the Navajo-Hopi Settlement Program: Provided, That tribes and tribal 
contractors may use their tribal priority allocations for unmet indirect 
costs of ongoing contracts, grants or compact agreements and for unmet

welfare assistance costs: Provided further, That funds made available to 
tribes and tribal organizations through contracts or grants obligated 
during fiscal year 1997, as authorized by the Indian Self-Determination 
Act of 1975, or grants authorized by the Indian Education Amendments of 
1988 (25 U.S.C. 2001 and 2008A) shall remain available until expended by 
the contractor or grantee: Provided further, That to provide funding 
uniformity within a Self-Governance Compact, any funds provided in this 
Act with availability for more than one year may be reprogrammed to one 
year availability but shall remain available within the Compact until 
expended: Provided further, That notwithstanding any other provision of 
law, Indian tribal governments may, by appropriate changes in 
eligibility criteria or by other means, change eligibility for general 
assistance or change the amount of general assistance payments for 
individuals within the service area of such tribe who are otherwise 
deemed eligible for general assistance payments so long as such changes 
are applied in a consistent manner to individuals similarly situated: 
Provided further, That any savings realized by such changes shall be 
available for use in meeting other priorities of the tribes: Provided 
further, That any net increase in costs to the Federal Government which 
result solely from tribally increased payment levels for general 
assistance shall be met exclusively from funds available to the tribe 
from within its tribal priority allocation: Provided further, That any 
forestry funds allocated to a tribe which remain unobligated as of 
September 30, 1997, may be transferred during fiscal year 1998 to an 
Indian forest land assistance account established for the benefit of 
such tribe within the tribe's trust fund account: Provided further, That 
any such
unobligated balances not so transferred shall expire on September 30, 
1998: Provided further, That notwithstanding any other provision of law, 
no funds available to the Bureau, other than the amounts provided herein 
for assistance to public schools under 25 U.S.C. 452 et seq., shall be 
available to support the operation of any elementary or secondary school 
in the State of Alaska in fiscal year 1997: Provided further, That funds 
made available in this or any other Act for expenditure through 
September 30, 1998 for schools funded by the Bureau shall be available 
only to the schools in the Bureau school system as of September 1, 1995: 
Provided further, That no funds available to the Bureau shall be used to 
support expanded grades for any school or dormitory beyond the grade 
structure in place or approved by the Secretary of the Interior at each 
school in the Bureau school system as of October 1, 1995: Provided 
further, That <<NOTE: 25 USC 2012 note.>>  in fiscal year 1997 and 
thereafter, notwithstanding the provisions of 25 U.S.C. 2012(h)(1) (A) 
and (B), upon the recommendation of either (i) a local school board and 
school supervisor for an education position in a Bureau of Indian 
Affairs operated school, or (ii) an Agency school board and education 
line officer for an Agency education position, the Secretary shall 
establish adjustments to the rates of basic compensation or annual 
salary rates established under

[[Page 110 STAT. 3009-194]]

25 U.S.C. 2012(h)(1) (A) and (B) for education positions at the school 
or the Agency, at a level not less than that for comparable positions in 
the nearest public school district, and the adjustment shall be deemed 
to be a change to basic pay and shall not be subject to collective 
bargaining: Provided further, That any reduction to rates of basic 
compensation or annual salary rates below the rates established under 25 
U.S.C. 2012(h)(1) (A) and (B) shall apply only to educators appointed 
after June 30, 1997, and shall not affect the right of an individual 
employed on June 30, 1997, in an education position, to receive the 
compensation attached to such position under 25 U.S.C. 2012(h)(1) (A) 
and (B) so long as the individual remains in the same position at the 
same school: Provided further, That notwithstanding 25 U.S.C. 
2012(h)(1)(B), when the rates of basic compensation for teachers and 
counselors at Bureau-operated schools are established at the rates of 
basic compensation applicable to comparable positions in overseas 
schools under the Defense Department Overseas Teachers Pay and Personnel 
Practices Act, such rates shall become effective with the start of the 
next academic year following the issuance of the Department of Defense 
salary schedule and shall not be effected retroactively.

                              construction

    For construction, major repair, and improvement of irrigation and 
power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands, and interests in lands; and preparation of lands for farming, and 
for construction of the Navajo Indian Irrigation Project pursuant to 
Public Law 87-483, $94,531,000, to remain available until expended: 
Provided, That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the Bureau of 
Reclamation: Provided further, That not to exceed 6 per centum of 
contract authority available to the Bureau of Indian Affairs from the 
Federal Highway Trust Fund may be used to cover the road program 
management costs of the Bureau: Provided further, That any funds 
provided for the Safety of Dams program pursuant to 25 U.S.C. 13 shall 
be made available on a non-reimbursable basis: Provided further, That 
for fiscal year 1997, in implementing new construction or facilities 
improvement and repair project grants in excess of $100,000 that are 
provided to tribally controlled grant schools under Public Law 100-297, 
as amended, the Secretary of the Interior shall use the Administrative 
and Audit Requirements and Cost Principles for Assistance Programs 
contained in 43 CFR
part 12 as the regulatory requirements: Provided further, That such 
grants shall not be subject to section 12.61 of 43 CFR; the Secretary 
and the grantee shall negotiate and determine a schedule of payments for 
the work to be performed: Provided further, That in considering 
applications, the Secretary shall consider whether the Indian tribe or 
tribal organization would be deficient in assuring that the construction 
projects conform to applicable building standards and codes and Federal, 
tribal, or State health and safety standards as required by 25 U.S.C. 
2005(a), with respect to organizational and financial management 
capabilities: Provided further, That if the Secretary declines an 
application, the Secretary shall follow the requirements contained in 25 
U.S.C. 2505(f): Provided further, That any disputes

[[Page 110 STAT. 3009-195]]

between the Secretary and any grantee concerning a grant shall be 
subject to the disputes provision in 25 U.S.C. 2508(e).

 indian land and water claim settlements and miscellaneous payments to 
                                 indians

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

                 indian guaranteed loan program account

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

                        administrative provisions

    Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans, the Indian loan guarantee and insurance fund, 
the Technical Assistance of Indian Enterprises account, the Indian 
Direct Loan Program account, and the Indian Guaranteed Loan Program 
account) shall be available for expenses of exhibits, and purchase of 
not to exceed 229 passenger motor vehicles, of which not to exceed 187 
shall be for replacement only.
      Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs for central office operations or pooled 
overhead general administration shall be available for tribal contracts, 
grants, compacts, or cooperative agreements with the Bureau of Indian 
Affairs under the provisions of the Indian Self-Determination Act or the 
Tribal Self-Governance Act of 1994 (Public Law 103-413).

                          Departmental Offices

                             Insular Affairs

                        assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $65,188,000, of which 
(1) $61,339,000 shall be available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, and brown tree snake control and

[[Page 110 STAT. 3009-196]]

research; grants to the judiciary in American Samoa for compensation and 
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the 
Government of American Samoa, in addition to current local revenues, for 
construction and support of governmental functions; grants to the 
Government of the Virgin Islands as authorized by law; grants to the 
Government of Guam, as authorized by law; and grants to the Government 
of the Northern Mariana Islands as authorized by law (Public Law 94-241; 
90 Stat. 272); and (2) $3,849,000 shall be available for salaries and 
expenses of the Office of Insular Affairs: Provided, That all <<NOTE: 48 
USC 1469b.>>  financial transactions of the territorial and local 
governments herein provided for, including such transactions of all 
agencies or instrumentalities established or utilized by such 
governments, may be audited by the General Accounting Office, at its 
discretion, in accordance with chapter 35 of title 31, United States 
Code: Provided further, That Northern Mariana Islands Covenant grant 
funding shall be provided according to those terms of the Agreement of 
the Special Representatives on Future United States Financial Assistance 
for the Northern Mariana Islands approved by Public Law 99-396, or any 
subsequent legislation related to Commonwealth of the Northern Mariana 
Islands grant funding: Provided further, That section 703(a) of Public 
Law 94-241, as amended, is <<NOTE: 48 USC 1801 note.>>  hereby amended 
by striking ``of the Government of the Northern Mariana Islands'': 
Provided further, That of the amounts provided for technical assistance, 
sufficient funding shall be made available for a grant to the Close Up 
Foundation: Provided further, That the funds for the program of 
operations and maintenance improvement are appropriated to 
institutionalize routine operations and maintenance improvement of 
capital infrastructure in American Samoa, Guam, the Virgin Islands, the 
Commonwealth of the Northern Mariana Islands, the Republic of Palau, the 
Republic of the Marshall Islands, and the Federated States of Micronesia 
through assessments of long-range operations maintenance needs, improved 
capability of local operations and maintenance institutions and agencies 
(including management and vocational education training), and project-
specific maintenance (with territorial participation and cost sharing to 
be determined by the Secretary based on the individual territory's 
commitment to timely maintenance of its capital assets): Provided 
further, That any appropriation for disaster assistance under this head 
in this Act or previous appropriations Acts may be used as non-Federal 
matching funds for the purpose of hazard mitigation grants provided 
pursuant to section 404 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c).

                       compact of free association

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

[[Page 110 STAT. 3009-197]]

                         Departmental Management

                          salaries and expenses

    For necessary expenses for management of the Department of the 
Interior, $58,286,00,\1\ of which not to exceed $7,500 may be for 
official reception and representation expenses, and of which up to 
$2,000,000 shall be available for workers compensation payments and 
unemployment compensation payments associated with the orderly closure 
of the United States Bureau of Mines
---------------------------------------------------------------------------
    \1\ Remainder of figure missing, complete figure probably 
should read ``$58,286,000''.
---------------------------------------------------------------------------

                         Office of the Solicitor

                          salaries and expenses

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

                       Office of Inspector General

                          salaries and expenses

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

                    National Indian Gaming Commission

                          salaries and expenses

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

             Office of Special Trustee for American Indians

                         federal trust programs

    For operation of trust programs for Indians by direct expenditure, 
contracts, cooperative agreements, compacts, and grants, $32,126,000, to 
remain available until expended for trust funds management: Provided, 
That funds made available to tribes and tribal organizations through 
contracts or grants obligated during fiscal year 1997, as authorized by 
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall 
remain available until expended by the contractor or grantee: Provided 
further, That notwithstanding any other provision of law, the statute of 
limitations shall not commence to run on any claim, including any claim 
in litigation pending on the date of this Act, concerning losses to or 
mismanagement of trust funds, until the affected tribe or individual 
Indian has been furnished with an accounting of such funds from which 
the beneficiary can determine whether there

[[Page 110 STAT. 3009-198]]

has been a loss: Provided further, That unobligated balances previously 
made available (1) to liquidate obligations owed tribal and individual 
Indian payees of any checks canceled pursuant to section 1003 of the 
Competitive Equality Banking Act of 1987 (Public Law 100-86; 31 U.S.C. 
3334(b)), (2) to restore Individual Indian Monies trust funds, Indian 
Irrigation Systems, and Indian Power Systems accounts amounts invested 
in credit unions or defaulted savings and loan associations and which 
where not Federally insured, including any interest on these amounts 
that may have been earned, but was not because of the default, and (3) 
to reimburse Indian trust fund account holders for losses to their 
respective accounts where the claim for said loss has been reduced to a 
judgement or settlement agreement approved by the Department of Justice, 
under the heading ``Indian Land and Water Claim Settlements and 
Miscellaneous Payments to Indians'', Bureau of Indian Affairs in fiscal 
years 1995 and 1996, are hereby transferred to and merged with this 
appropriation and may only be used for the operation of trust programs, 
in accordance with this appropriation.

                        Administrative Provisions

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

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

    Sec. 101. Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other 
facilities or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made available 
to the Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to this 
section are hereby designated by Congress to be ``emergency 
requirements'' pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, and must be replenished by a 
supplemental appropriation which must be requested as promptly as 
possible.
    Sec. 102. The Secretary may authorize the expenditure or transfer of 
any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or
emergency prevention of forest or range fires on or threatening lands 
under the jurisdiction of the Department of the Interior; for the 
emergency rehabilitation of burned-over lands under its jurisdiction; 
for emergency actions related to potential or actual earthquakes, 
floods, volcanoes, storms,

[[Page 110 STAT. 3009-199]]

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

    Sec. 103. Appropriations made in this title shall be available for 
operation of warehouses, garages, shops, and similar facilities, 
wherever consolidation of activities will contribute to efficiency or 
economy, and said appropriations shall be reimbursed for services 
rendered to any other activity in the same manner as authorized by 
sections 1535 and 1536 of title 31, United States Code: Provided, That 
reimbursements for costs and supplies, materials, equipment, and for 
services rendered may be credited to the appropriation current at the 
time such reimbursements are received.
    Sec. 104. Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to exceed 
$500,000; hire, maintenance, and operation of aircraft; hire of 
passenger motor vehicles; purchase of reprints; payment for telephone 
service in private residences in the field, when authorized under 
regulations approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in societies or 
associations which issue publications to members only or at a price to 
members lower than to subscribers who are not members.
    Sec. 105. Appropriations available to the Department of the Interior 
for salaries and expenses shall be available for uniforms or allowances 
therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
    Sec. 106. Appropriations made in this title shall be available for 
obligation in connection with contracts issued for services or

[[Page 110 STAT. 3009-200]]

rentals for periods not in excess of twelve months beginning at any time 
during the fiscal year.
    Sec.  107. Prior to the transfer of Presidio properties to the 
Presidio Trust, when authorized, the Secretary may not obligate in any 
calendar month more than \1/12\ of the fiscal year 1997 appropriation 
for operation of the Presidio: Provided, That prior to the transfer of 
any Presidio property to the Presidio Trust, the Secretary shall 
transfer such funds as the Trust deems necessary to initiate leasing and 
other authorized activities of the Trust: Provided further, That this 
section shall expire on December 31, 1996.
    Sec. 108. No final rule or regulation of any agency of the Federal 
Government pertaining to the recognition, management, or validity of a 
right-of-way pursuant to Revised Statute 2477 (43 U.S.C. 932) shall take 
effect unless expressly authorized by an Act of Congress subsequent to 
the date of enactment of this Act.
    Sec. 109. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore leasing and 
related activities placed under restriction in the President's 
moratorium statement of June 26, 1990, in the areas of Northern, 
Central, and Southern California; the North Atlantic; Washington and 
Oregon; and the Eastern Gulf of Mexico south of 26 degrees north 
latitude and east of 86 degrees west longitude.
    Sec. 110. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of leasing, or the approval 
or permitting of any drilling or other exploration activity, on lands 
within the North Aleutian Basin planning area.
    Sec. 111. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of preleasing and leasing 
activities in the Eastern Gulf of Mexico for Outer Continental Shelf 
Lease Sale 151 in the Outer Continental Shelf Natural Gas and Oil 
Resource Management Comprehensive Program, 1992-1997.
    Sec. 112. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of preleasing and leasing 
activities in the Atlantic for Outer Continental Shelf Lease Sale 164 in 
the Outer Continental Shelf Natural Gas and Oil Resource Management 
Comprehensive Program, 1992-1997.
    Sec. 113. There is hereby established in the <<NOTE:  31 USC 501 
note.>> Treasury a franchise fund pilot, as authorized by section 403 of 
Public Law 103-356, to be available as provided in such section for 
costs of capitalizing and operating administrative services as the 
Secretary determines may be performed more advantageously as central 
services: Provided, That any inventories, equipment, and other assets 
pertaining to the services to be provided by such fund, either on hand 
or on order, less the related liabilities or unpaid obligations, and any 
appropriations made prior to the current year for the purpose of 
providing capital shall be used to capitalize such fund: Provided 
further, That such fund shall be paid in advance from funds available to 
the Department and other Federal agencies for which such centralized 
services are performed, at rates which will return in full all expenses 
of operation, including accrued leave, depreciation of fund plant and 
equipment, amortization of automatic data processing (ADP) software and 
systems (either acquired or donated) and an amount necessary to maintain 
a reasonable operating reserve, as determined by the Secretary: Provided 
further, That

[[Page 110 STAT. 3009-201]]

such fund shall provide services on a competitive basis: Provided 
further, That an amount not to exceed four percent of the total annual 
income to such fund may be retained in the fund for fiscal year 1997 and 
each fiscal year thereafter, to remain available until expended, to be 
used for the acquisition of capital equipment, and for the improvement 
and implementation of Department financial management, ADP, and other 
support systems: Provided further, That no later than thirty days after 
the end of each fiscal year amounts in excess of this reserve limitation 
shall be transferred to the Treasury: Provided further, That such 
franchise fund pilot shall terminate pursuant to section 403(f) of 
Public Law 103-356.

    Sec. 114. Public Law 102-495 is amended by adding the following new 
section:

``SEC. 10. WASHINGTON STATE REMOVAL OPTION.

      ``(a) Upon appropriation of $29,500,000 for the Federal government 
to acquire the projects in the State of Washington pursuant to this Act, 
the State of Washington may, upon the submission to Congress of a 
binding agreement to remove the projects within a reasonable period of 
time, purchase the projects from the Federal government for $2. Such a 
binding agreement shall provide for the full restoration of the Elwha 
River ecosystem and native anadromous fisheries, for protection of the 
existing quality and availability of water from the Elwha River for 
municipal and industrial uses from possible adverse impacts of dam 
removal, and for fulfillment by the State of each of the other 
obligations of the Secretary under this Act.
      ``(b) Upon receipt of the payment pursuant to subsection (a), the 
Federal government shall relinquish ownership and title of the projects 
to the State of Washington.
      ``(c) Upon the purchase of the projects by the State of 
Washington, section 3(a), (c), and (d), and Sections 4, 7, and 9 of this 
Act are hereby repealed, and the remaining sections renumbered 
accordingly.''.

    Sec. 115. Section 7 of Public Law 99-647 (16 U.S.C. 461 note) is 
amended to read as follows:

``SEC. 7. TERMINATION OF COMMISSION.

    ``The Commission shall terminate on November 10, 1997.''.
    Sec. 116. The Congress of the United States hereby designates and 
ratifies the assignment to the University of Utah as successor to, and 
beneficiary of, all the existing assets, revenues, funds and rights 
granted to the State of Utah under the Miners Hospital Grant (February 
20, 1929, 45 Stat. 1252) and the School of Mines Grant (July 26, 1894, 
28 Stat. 110). Further, the Secretary of the Interior is authorized and 
directed to accept such relinquishment of all remaining and unconveyed 
entitlement for quantity grants owed the State of Utah for the Miners 
Hospital Grant (February 20, 1929, 45 Stat. 1252) and any unconveyed 
entitlement that may remain for the University of Utah School of Mines 
Grant (July 26, 1894, 28 Stat. 110).
    Sec. 117. Section 402(b)(1) of The Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 458bb) is amended to read as 
follows: ``(1) In addition to those Indian tribes participating in self-
governance under subsection (a) of this section, the Secretary, acting 
through the Director of the Office of Self-Governance, may select up to 
50 new tribes per year from the applicant pool described in subsection 
(c) of this section to participate in self-governance.''.

[[Page 110 STAT. 3009-202]]

    Sec. 118. <<NOTE: 25 USC 305a-1.>>  In fiscal year 1997 and 
thereafter, the Indian Arts and Crafts Board may charge admission fees 
at its museums; charge rent and/or franchise fees for shops located in 
its museums; publish and sell publications; sell or rent or license use 
of photographs or other images in hard copy or other forms; license the 
use of designs, in whole or in part, by others; charge for consulting 
services provided to others; and may accept the services of volunteers 
to carry out its mission: Provided, That all revenue derived from such 
activities is covered into the special fund established by section 4 of 
Public Law 74-355 (25 U.S.C. 305c).

    Sec. 119. Transfer of Certain Bureau of Land Management 
Facilities.--
            (a) Battle mountain, nevada.--Not later than 30 days after 
        the date of enactment of this Act, the Secretary of the 
        Interior, acting through the Director of the Bureau of Land 
        Management, shall transfer to Lander County, Nevada, without 
        consideration, title to the former Bureau of Land Management 
        administrative site and associated buildings in Battle Mountain, 
        Nevada.
            (b) Winnemucca, nevada.--
                    (1) Transfer.--Not later than 30 days after the date 
                of enactment of this Act, the Secretary of the Interior, 
                acting through the Director of the Bureau of Land 
                Management, shall transfer to the State of Nevada, 
                without consideration, title to the surplus Bureau of 
                Land Management District Office building in Winnemucca, 
                Nevada.
                    (2) Use.--The transfer under paragraph (1) is made 
                with the intent that the building shall be available to 
                meet the needs of the Department of Conservation and 
                Natural Resources of the State of Nevada.

    Sec. 120. Alaska Aviation Heritage.--
            (a) Findings.--The Congress finds that--
                    (1) the Department of the Interior's Grumman Goose 
                G21-A aircraft number N789 is to be retired from several 
                decades of active service in the State of Alaska in 
                1996; and
                    (2) the aircraft is of significant historic value to 
                the people of the State of Alaska.
            (b) Donation of aircraft.--The Secretary of the Interior 
        shall transfer the Grumman Goose G21-A aircraft number N789 to 
        the Alaska Aviation Heritage Museum in Anchorage, Alaska, at no 
        cost to the museum, for permanent display.

    Sec. 121. The Mesquite Lands Act of 1988 is amended by adding the 
following at the end of section 3:
    ``(d) Fourth Area.--(1) No later than ten years after the date of 
enactment of this Act, the City of Mesquite shall notify the Secretary 
as to which if any of the public lands identified in paragraph (2) of 
this subsection the city wishes to purchase.
    ``(2) For a period of twelve years after the date of enactment of 
this Act, the city shall have exclusive right to purchase the following 
parcels of public lands:
            ``Parcel A--East \1/2\ Sec. 6, T. 13 S., R. 71 E., Mount 
        Diablo Meridian; Sec. 5, T. 13 S., R. 71 E., Mount Diablo 
        Meridian; West \1/2\ Sec. 4, T. 13 S., R. 71 E, Mount Diablo 
        Meridian; East \1/2\, West \1/2\ Sec. 4, T. 13 S., R. 71 E., 
        Mount Diablo Meridian.

[[Page 110 STAT. 3009-203]]

            ``Parcel B--North \1/2\ Sec. 7, T. 13 S., R. 71 E., Mount 
        Diablo Meridian; South East \1/4\ Sec. 12, T. 13 S., R. 70 E., 
        Mount Diablo Meridian; East \1/2\, North East \1/4\ Sec. 12, T. 
        13 S., R. 70 E., Mount Diablo Meridian; East \1/2\, West \1/2\ 
        North East \1/4\ Sec. 12, T. 13 S., R. 70 E., Mount Diablo 
        Meridian.
            ``Parcel C--West \1/2\ Sec. 6, T. 13 S., R. 71 E., Mount 
        Diablo Meridian; Sec. 1, T. 13 S., R. 70 E., Mount Diablo 
        Meridian; West \1/2\, West \1/2\, North East \1/4\ Sec. 12, T. 
        13 S., R. 70 E., Mount Diablo Meridian; North West \1/4\ Sec. 
        13, S., R. 70 E., Mount Diablo Meridian; West \1/2\ Sec. 12, T. 
        13 S., R. 70 E., Mount Diablo Meridian; East \1/2\, South East 
        \1/4\, Sec. 11, T. 13 S., R. 70 E., Mount Diablo Meridian; East 
        \1/2\ North East \1/4\, Sec. 14, T. 13 S., R. 70 E., Mount 
        Diablo Meridian.
            ``Parcel D--South \1/2\ Sec. 14, T. 13 S., R. 70 E., Mount 
        Diablo Meridian; South West \1/4\, Sec. 13, T. 13 S., R. 70 E., 
        Mount Diablo Meridian; Portion of section 23, North of 
        Interstate 15, T. 13 S., R. 70 E., Mount Diablo Meridian; 
        Portion of section 24, North of Interstate 15, T. 13 S., R. 70 
        E., Mount Diablo Meridian; Portion of section 26, North of 
        Interstate 15, T. 13 S., R. 70 E., Mount Diablo Meridian.''
    Sec. 122. Father <<NOTE: Father Aull Site Transfer Act of 1996.>>  
Aull Site Transfer.

    (a) This section may be cited as the ``Father Aull Site Transfer Act 
of 1996''.
    (b) Findings.--Congress finds that--
            (1) the buildings and grounds developed by Father Roger Aull 
        located on public domain land near Silver City, New Mexico, are 
        historically significant to the citizens of the community;
            (2) vandalism at the site has become increasingly 
        destructive and frequent in recent years;
            (3) because of the isolated location and the distance from 
        other significant resources and agency facilities, the Bureau of 
        Land Management has been unable to devote sufficient resources 
        to restore and protect the site from further damage; and
            (4) St. Vincent DePaul Parish in Silver City, New Mexico, 
        has indicated an interest in, and developed a sound proposal for 
        the restoration of, the site, such that the site could be 
        permanently occupied and used by the community.

    (c) Conveyance of Property.--Subject to valid existing rights, all 
right, title and interest of the United States in and to the land 
(including improvements on the land), consisting of approximately 43.06 
acres, located approximately 10 miles east of Silver City, New Mexico, 
and described as follows: T. 17 S., R. 12 W., Section 30: Lot 13, and 
Section 31: Lot 27 (as generally depicted on the map dated July 1995) is 
hereby conveyed by operation of law to St. Vincent DePaul Parish in 
Silver City, New Mexico, without consideration.
    (d) Release.--Upon the conveyance of any land or interest in land 
identified in this section of St. Vincent DePaul Parish, St. Vincent 
DePaul Parish shall assume any liability for any claim relating to the 
land or interest in the land arising after the date of the conveyance.
    (e) Map.--The map referred to in this section shall be on file and 
available for public inspection in--

[[Page 110 STAT. 3009-204]]

            (1) the State of New Mexico Office of the Bureau of Land 
        Management, Santa Fe, New Mexico; and
            (2) the Las Cruces District Office of the Bureau of Land 
        Management, Las Cruces, New Mexico.
      Sec. 123. The second proviso under the heading ``Bureau of Mines, 
Administrative Provisions'' of Public Law 104-134 is amended by 
inserting after the word ``authorized'' the word ``hereafter''.
      Sec. 124. <<NOTE: 16 USC 1011.>>  Watershed Restoration and 
Enhancement Agreements.
      (a) In General.--For fiscal year 1997 and each fiscal year 
thereafter, appropriations made for the Bureau of Land Management may be 
used by the Secretary of the Interior for the purpose of entering into 
cooperative agreements with willing private landowners for restoration 
and enhancement of fish, wildlife, and other biotic resources on public 
or private land or both that benefit these resources on public lands 
within the watershed.
      (b) Direct and Indirect Watershed Agreements.--The Secretary of 
the Interior may enter into a watershed restoration and enhancement 
agreement--
            (1) directly with a willing private landowner; or
            (2) indirectly through an agreement with a state, local, or 
        tribal government or other public entity, educational 
        institution, or private nonprofit organization.
      (c) Terms and Conditions.--In order for the Secretary to enter 
into a watershed restoration and enhancement agreement--
            (1) the agreement shall--
                    (A) include such terms and conditions mutually 
                agreed to by the Secretary and the landowner;
                    (B) improve the viability of and otherwise benefit 
                the fish, wildlife, and other biotic resources on public 
                land in the watershed;
                    (C) authorize the provision of technical assistance 
                by the Secretary in the planning of management 
                activities that will further the purposes of the 
                agreement;
                    (D) provide for the sharing of costs of implementing 
                the agreement among the Federal government, the 
                landowner, and other entities, as mutually agreed on by 
                the affected interests; and
                    (E) ensure that any expenditure by the Secretary 
                pursuant to the agreement is determined by the Secretary 
                to be in the public interest; and
            (2) the Secretary may require such other terms and 
        conditions as are necessary to protect the public investment on 
        private lands, provided such terms and conditions are mutually 
        agreed to by the Secretary and the landowner.
      Sec. 125. Visitor Center Designation <<NOTE: 16 USC 410ff 
note.>> at Channel Islands National Park.
      (a) The visitor center at Channel Islands National Park, 
California, is hereby designated as the ``Robert J. Lagomarsino Visitor 
Center''.
      (b) Any reference in law, regulation, paper, record, map, or any 
other document in the United States to the visitor center referred to in 
subsection (a) shall be deemed to be a reference to the ``Robert J. 
Lagomarsino Visitor Center''.

[[Page 110 STAT. 3009-205]]

                       TITLE II--RELATED AGENCIES

                        Department of Agriculture

                             forest service

                      forest and rangeland research

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

                       state and private forestry

    For necessary expenses of cooperating with, and providing technical 
and financial assistance to States, Territories, possessions, and others 
and for forest pest management activities, cooperative forestry and 
education and land conservation activities, $155,461,000 to remain 
available until expended, as authorized by law: Provided, That of funds 
available under this heading for Pacific Northwest Assistance in this or 
prior appropriations Acts. $750,000 shall be provided to the World 
Forestry Center for purposes of continuing scientific research and other 
authorized efforts regarding the land exchange efforts in the Umpqua 
River Basin region.

                         national forest system

    For necessary expenses of the Forest Service, not otherwise provided 
for, for management, protection, improvement, and utilization of the 
National Forest System, for ecosystem planning, inventory, and 
monitoring, and for administrative expenses associated with the 
management of funds provided under the heads ``Forest and Rangeland 
Research,'' ``State and Private Forestry,'' ``National Forest System,'' 
``Wildland Fire Management,'' ``Reconstruction and Construction,'' and 
``Land Acquisition,'' $1,274,781,000 to remain available until expended, 
and including 50 per centum of all monies received during the prior 
fiscal year as fees collected under the Land and Water Conservation Fund 
Act of 1965, as amended, in accordance with section 4 of the Act (16 
U.S.C. 460l-6a(i)): Provided, That up to $5,000,000 of the funds 
provided herein for road maintenance shall be available for the planned 
obliteration of roads which are no longer needed.

                        wildland fire management

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

[[Page 110 STAT. 3009-206]]

                     reconstruction and construction

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

                            land acquisition

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), 
including administrative expenses, and for acquisition of land or 
waters, or interest therein, in accordance with statutory authority 
applicable to the Forest Service, $40,575,000, to be derived from the 
Land and Water Conservation Fund, to remain available until expended.

         acquisition of lands for national forests special acts

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

             acquisition of lands to complete land exchanges

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

                          range betterment fund

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

[[Page 110 STAT. 3009-207]]

     gifts, donations and bequests for forest and rangeland research

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

                administrative provisions, forest service

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

    None of the funds made available under this Act shall be obligated 
or expended to change the boundaries of any region, to abolish any 
region, to move or close any regional office for research, State and 
private forestry, or National Forest System administration of the Forest 
Service, Department of Agriculture, or to implement any reorganization, 
``reinvention'' or other type of organizational restructuring of the 
Forest Service, other than the relocation of the Regional Office for 
Region 5 of the Forest Service from San Francisco to excess military 
property at Mare Island, Vallejo, California, without the consent of the 
House and Senate Committees on Appropriations.
    Any funds available to the Forest Service may be used for 
retrofitting Mare Island facilities to accommodate the relocation: 
Provided, That funds for the move must come from funds otherwise 
available to Region 5: Provided further, That any funds to be provided 
for such purposes shall only be available upon approval of the House and 
Senate Committees on Appropriations.
    Any appropriations or funds available to the Forest Service may be 
advanced to the Wildland Fire Management appropriation and may be used 
for forest firefighting and the emergency rehabilitation of burned-over 
lands under its jurisdiction.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development and 
the Foreign Agricultural Service in connection with forest and rangeland 
research, technical information, and assistance in foreign countries, 
and shall be available to support forestry and related natural resource 
activities outside the United States and its territories and 
possessions, including technical assistance, education and training, and 
cooperation with United States and international organizations.

[[Page 110 STAT. 3009-208]]

    None of the funds made available to the Forest Service under this 
Act shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 
7 U.S.C. 147b unless the proposed transfer is approved in advance by the 
House and Senate Committees on Appropriations in compliance with the 
reprogramming procedures contained in House Report 103-551.
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the procedures contained 
in House Report 103-551.
    No funds appropriated to the Forest Service shall be transferred to 
the Working Capital Fund of the Department of Agriculture without the 
approval of the Chief of the Forest Service.
    Notwithstanding any other provision of the law, any appropriations 
or funds available to the Forest Service may be used to disseminate 
program information to private and public individuals and organizations 
through the use of nonmonetary items of nominal value and to provide 
nonmonetary awards of nominal value and to incur necessary expenses for 
the nonmonetary recognition of private individuals and organizations 
that make contributions to Forest Service programs.
    Notwithstanding any other provision of law, money collected, in 
advance or otherwise, by the Forest Service under authority of section 
101 of Public Law 93-153 (30 U.S.C. 185(1)) as reimbursement of 
administrative and other costs incurred in processing pipeline right-of-
way or permit applications and for costs incurred in monitoring the 
construction, operation, maintenance, and termination of any pipeline 
and related facilities, may be used to reimburse the applicable 
appropriation to which such costs were originally charged.
    Funds available to the Forest Service shall be available to conduct 
a program of not less than $1,000,000 for high priority projects within 
the scope of the approved budget which shall be carried out by the Youth 
Conservation Corps as authorized by the Act of August 13, 1970, as 
amended by Public Law 93-408.
    None of the funds available in this Act shall be used for timber 
sale preparation using clearcutting in hardwood stands in excess of 25 
percent of the fiscal year 1989 harvested volume in the Wayne National 
Forest, Ohio: Provided, That this limitation shall not apply to hardwood 
stands damaged by natural disaster: Provided further, That landscape 
architects shall be used to maintain a visually pleasing forest.
    Any money collected from the States for fire suppression assistance 
rendered by the Forest Service on non-Federal lands not in the vicinity 
of National Forest System lands shall be used to reimburse the 
applicable appropriation and shall remain available until expended as 
the Secretary may direct in conducting activities authorized by 16 
U.S.C. 2101 (note), 2101-2110, 1606, and 2111.
    Of the funds available to the Forest Service, $1,500 is available to 
the Chief of the Forest Service for official reception and 
representation expenses.
    Notwithstanding any other provision of law, the Forest Service is 
authorized to employ or otherwise contract with persons at regular rates 
of pay, as determined by the Service, to perform work occasioned by 
emergencies such as fires, storms, floods, earthquakes

[[Page 110 STAT. 3009-209]]

or any other unavoidable cause without regard to Sundays, Federal 
holidays, and the regular workweek.
    To the greatest extent possible, and in accordance with the Final 
Amendment to the Shawnee National Forest Plan, none of the funds 
available in this Act shall be used for preparation of timber sales 
using clearcutting or other forms of even aged management in hardwood 
stands in the Shawnee National Forest, Illinois.
      Pursuant to sections 405(b) and 410(b) of Public Law 101-593, 
funds up to $1,000,000 for matching funds shall be available for the 
National Forest Foundation on a one-for-one basis to match private 
contributions for projects on or benefitting National Forest System 
lands or related to Forest Service programs.

    Pursuant to section 2(b)(2) of Public Law 98-244, up to $1,000,000 
of the funds available to the Forest Service shall be available for 
matching funds, as authorized in 16 U.S.C. 3701-3709, on a one-for-one 
basis to match private contributions for projects on or benefitting 
National Forest System lands or related to Forest Service programs.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities for sustainable rural development purposes.
    Notwithstanding any other provision of law, 80 percent of the funds 
appropriated to the Forest Service in the National Forest System and 
Construction accounts and planned to be allocated to activities under 
the ``Jobs in the Woods'' program for projects on National Forest land 
in the State of Washington may be granted directly to the Washington 
State Department of Fish and Wildlife for accomplishment of planned 
projects. Twenty percent of said funds shall be retained by the Forest 
Service for planning and administering projects. Project selection and 
prioritization shall be accomplished by the Forest Service with such 
consultation with the State of Washington as the Forest Service deems 
appropriate.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
      The Secretary of Agriculture shall by March 31, 1997 report to the 
Committees on Appropriations of the House of Representatives and the 
Senate on the status and disposition of all salvage timber sales started 
under the authority of Section 2001 of Public Law 104-19 and 
subsequently withdrawn or delayed and completed under different 
authorities as a consequence of the July 2, 1996 directive on the 
implementation of Section 2001 issued by the Secretary.
      The Pacific Northwest Research Station Silviculture Laboratory in 
Bend, Oregon is hereby named the ``Robert W. Chandler Building''.
      For purposes of the Southeast Alaska Economic Disaster Fund as set 
forth in section 101(c) of Public Law 104-134, the direct grants 
provided in subsection (c) shall be considered direct payments for 
purposes of all applicable law except that these direct grants may not 
be used for lobbying activities.
      No employee of the Department of Agriculture may be detailed or 
assigned from an agency or office funded by this Act to any other agency 
or office of the Department for more than 30 days unless the 
individual's employing agency or office is fully

[[Page 110 STAT. 3009-210]]

reimbursed by the receiving agency or office for the salary and expenses 
of the employee for the period of assignment.

                          DEPARTMENT OF ENERGY

                          clean coal technology

                              (rescission)

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

                 fossil energy research and development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and disposal of 
mineral substances without objectionable social and environmental costs 
(30 U.S.C. 3, 1602, and 1603), performed under the minerals and 
materials science programs at the Albany Research Center in Oregon, 
$364,704,000, to remain available until expended: Provided, That no part 
of the sum herein made available shall be used for the field testing of 
nuclear explosives in the recovery of oil and gas.

                      alternative fuels production

              (including transfer and rescission of funds)

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

                 naval petroleum and oil shale reserves

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

                           energy conservation

    For necessary expenses in carrying out energy conservation 
activities, $569,762,000, to remain available until expended, including, 
notwithstanding any other provision of law, the excess amount for fiscal 
year 1997 determined under the provisions of section

[[Page 110 STAT. 3009-211]]

3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided, That 
$149,845,000 shall be for use in energy conservation programs as defined 
in section 3008(3) of Public Law 99-509 (15 U.S.C. 4507) and shall not 
be available until excess amounts are determined under the provisions of 
section 3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided further, 
That notwithstanding section 3003(d)(2) of Public Law 99-509 such sums 
shall be allocated to the eligible programs as follows:$120,845,000 for 
weatherization assistance grants and $29,000,000 for State energy 
conservation grants.

                           economic regulation

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

                       strategic petroleum reserve

                      (including transfer of funds)

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

                          spr petroleum account

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

                    energy information administration

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

             administrative provisions, department of energy

    Appropriations under this Act for the current fiscal year shall be 
available for hire of passenger motor vehicles; hire, maintenance, and 
operation of aircraft; purchase, repair, and cleaning of uniforms;

[[Page 110 STAT. 3009-212]]

and reimbursement to the General Services Administration for security 
guard services.
    From appropriations under this Act, transfers of sums may be made to 
other agencies of the Government for the performance of work for which 
the appropriation is made.
    None of the funds made available to the Department of Energy under 
this Act shall be used to implement or finance authorized price support 
or loan guarantee programs unless specific provision is made for such 
programs in an appropriations Act.
    The Secretary is authorized to accept lands, buildings, equipment, 
and other contributions from public and private sources and to prosecute 
projects in cooperation with other agencies, Federal, State, private or 
foreign: Provided, That revenues and other moneys received by or for the 
account of the Department of Energy or otherwise generated by sale of 
products in connection with projects of the Department appropriated 
under this Act may be retained by the Secretary of Energy, to be 
available until expended, and used only for plant construction, 
operation, costs, and payments to cost-sharing entities as provided in 
appropriate cost-sharing contracts or agreements: Provided further, That 
the remainder of revenues after the making of such payments shall be 
covered into the Treasury as miscellaneous receipts: Provided further, 
That any contract, agreement, or provision thereof entered into by the 
Secretary pursuant to this authority shall not be executed prior to the 
expiration of 30 calendar days (not including any day in which either 
House of Congress is not in session because of adjournment of more than 
three calendar days to a day certain) from the receipt by the Speaker of 
the House of Representatives and the President of the Senate of a full 
comprehensive report on such project, including the facts and 
circumstances relied upon in support of the proposed project.
    No funds provided in this Act may be expended by the Department of 
Energy to prepare, issue, or process procurement documents for programs 
or projects for which appropriations have not been made.
    In addition to other authorities set forth in this Act, the 
Secretary may accept fees and contributions from public and private 
sources, to be deposited in a contributed funds account, and prosecute 
projects using such fees and contributions in cooperation with other 
Federal, State or private agencies or concerns.

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $1,806,269,000, together with 
payments received during the fiscal year pursuant to 42 U.S.C. 238(b) 
for services furnished by the Indian Health Service: Provided, That 
funds made available to tribes and tribal organizations through 
contracts, grant agreements, or any other agreements or compacts 
authorized by the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C.

[[Page 110 STAT. 3009-213]]

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

                        indian health facilities

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

            administrative provisions, indian health service

    Appropriations in this Act to the Indian Health Service shall be 
available for services as authorized by 5 U.S.C. 3109 but at

[[Page 110 STAT. 3009-214]]

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

[[Page 110 STAT. 3009-215]]

associated with the provision of goods, services, or technical 
assistance: Provided further, That the appropriation structure for the 
Indian Health Service may not be altered without advance approval of the 
House and Senate Committees on Appropriations.

                         DEPARTMENT OF EDUCATION

              Office of Elementary and Secondary Education

                            indian education

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

                         OTHER RELATED AGENCIES

               Office of Navajo and Hopi Indian Relocation

                          salaries and expenses

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

    Institute of American Indian and Alaska Native Culture and Arts 
                               Development

                        payment to the institute

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

                         Smithsonian Institution

                          salaries and expenses

    For necessary expenses of the Smithsonian Institution, as authorized 
by law, including research in the fields of art, science,

[[Page 110 STAT. 3009-216]]

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

         construction and improvements, national zoological park

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

                   repair and restoration of buildings

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

                              construction

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

                         National Gallery of Art

                          salaries and expenses

    For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 1937 
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as 
authorized by 5 U.S.C. 3109; payment in advance when authorized by the 
treasurer of the Gallery for membership

[[Page 110 STAT. 3009-217]]

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

             repair, restoration and renovation of buildings

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

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

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

                              construction

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

            Woodrow Wilson International Center for Scholars

                          salaries and expenses

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

           National Foundation on the Arts and the Humanities

                     National Endowment for the Arts

                        grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $82,734,000, shall be 
available to the National Endowment for

[[Page 110 STAT. 3009-218]]

the Arts for the support of projects and productions in the arts through 
assistance to organizations and individuals pursuant to section 5(c) of 
the Act, and for administering the functions of the Act, to remain 
available until expended.

                             matching grants

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

                  National Endowment for the Humanities

                        grants and administration

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

                             matching grants

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

                      Institute of Museum Services

                        grants and administration

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

                        administrative provisions

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

[[Page 110 STAT. 3009-219]]

Foundation on the Arts and the Humanities may be used for official 
reception and representation expenses.

                         Commission of Fine Arts

                          salaries and expenses

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

               national capital arts and cultural affairs

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

                Advisory Council on Historic Preservation

                          salaries and expenses

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

                  National Capital Planning Commission

                          salaries and expenses

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

              Franklin Delano Roosevelt Memorial Commission

                          salaries and expenses

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

                United States Holocaust Memorial Council

                       holocaust memorial council

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

                      TITLE III--GENERAL PROVISIONS

    Sec. 301. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expenditures 
are a matter of public record and available

[[Page 110 STAT. 3009-220]]

for public inspection, except where otherwise provided under existing 
law, or under existing Executive Order issued pursuant to existing law.
    Sec. 302. No part of any appropriation under this Act shall be 
available to the Secretary of the Interior or the Secretary of 
Agriculture for the leasing of oil and natural gas by noncompetitive 
bidding on publicly owned lands within the boundaries of the Shawnee 
National Forest, Illinois: Provided, That nothing herein is intended to 
inhibit or otherwise affect the sale, lease, or right to access to 
minerals owned by private individuals.
    Sec. 303. No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or opposition 
to any legislative proposal on which congressional action is not 
complete.
    Sec. 304. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 305. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to provide a personal cook, 
chauffeur, or other personal servants to any officer or employee of such 
department or agency except as otherwise provided by law.
    Sec. 306. No assessments may be levied against any program, budget 
activity, subactivity, or project funded by this Act unless advance 
notice of such assessments and the basis therefor are presented to the 
Committees on Appropriations and are approved by such Committees.
    Sec. 307. (a) Compliance With Buy American Act.--None of the funds 
made available in this Act may be expended by an entity unless the 
entity agrees that in expending the funds the entity will comply with 
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c; 
popularly known as the ``Buy American Act'').
    (b) Sense of Congress; Requirement Regarding Notice.--
            (1) Purchase of american-made equipment and products.--In 
        the case of any equipment or product that may be authorized to 
        be purchased with financial assistance provided using funds made 
        available in this Act, it is the sense of the Congress that 
        entities receiving the assistance should, in expending the 
        assistance, purchase only American-made equipment and products.
            (2) Notice to recipients of assistance.--In providing 
        financial assistance using funds made available in this Act, the 
        head of each Federal agency shall provide to each recipient of 
        the assistance a notice describing the statement made in 
        paragraph (1) by the Congress.

     (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to receive 
any contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.

[[Page 110 STAT. 3009-221]]

    Sec. 308. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant sequoia 
(Sequoiadendron giganteum) which are located on National Forest System 
or Bureau of Land
Management lands in a manner different than such sales were conducted in 
fiscal year 1995.

    Sec. 309. None of the funds made available by this Act may be 
obligated or expended by the National Park Service to enter into or 
implement a concession contract which permits or requires the removal of 
the underground lunchroom at the Carlsbad Caverns National Park.
    Sec. 310. Where the actual costs of construction projects under 
self-determination contracts, compacts, or grants, pursuant to Public 
Laws 93-638, 103-413, or 100-297, are less than the estimated costs 
thereof, use of the resulting excess funds shall be determined by the 
appropriate Secretary after consultation with the tribes.
    Sec. 311. Notwithstanding Public Law 103-413, quarterly payments of 
funds to tribes and tribal organizations under annual funding agreements 
pursuant to section 108 of Public Law 93-638, as amended, may be made on 
the first business day following the first day of a fiscal quarter.
    Sec. 312. None of the funds appropriated or otherwise made available 
by this Act may be used for the AmeriCorps program, unless the relevant 
agencies of the Department of the Interior and/or Agriculture follow 
appropriate reprogramming guidelines: Provided, That if no funds are 
provided for the AmeriCorps program by the VA-HUD and Independent 
Agencies fiscal year 1997 appropriations bill, then none of the funds 
appropriated or otherwise made available by this Act may be used for the 
AmeriCorps programs.
    Sec. 313. None of the funds made available in this Act may be used 
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis 
Island; or (2) to prevent pedestrian use of such bridge, when it is made 
known to the Federal official having authority to obligate or expend 
such funds that such pedestrian use is consistent with generally 
accepted safety standards.
    Sec. 314. (a) None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to accept 
or process applications for a patent for any mining or mill site claim 
located under the general mining laws.
    (b) The provisions of subsection (a) shall not apply if the 
Secretary of the Interior determines that, for the claim concerned: (1) 
a patent application was filed with the Secretary on or before September 
30, 1994, and (2) all requirements established under sections 2325 and 
2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes 
(30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 of the 
Revised Statutes (30 U.S.C. 42) for mill site claims, as the case may 
be, were fully complied with by the applicant by that date.
    (c) Processing Schedule.--For those applications for patents 
pursuant to subsection (b) which were filed with the Secretary of the 
Interior, prior to September 30, 1994, the Secretary of the Interior 
shall--
            (1) Within three months of the enactment of this Act, file 
        with the House and Senate Committees on Appropriations and the 
        Committee on Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources

[[Page 110 STAT. 3009-222]]

        of the United States Senate a plan which details how the 
        Department of the Interior will make a final determination as to 
        whether or not an applicant is entitled to a patent under the 
        general mining laws on at least 90 percent of such applications 
        within five years of the enactment of this Act and file reports 
        annually thereafter with the same committees detailing actions 
        taken by the Department of the Interior to carry out such plan; 
        and
            (2) Take such actions as may be necessary to carry out such 
        plan.

    (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request of a patent 
applicant, the Secretary of the Interior shall allow the applicant to 
fund a qualified third-party contractor to be selected by the Bureau of 
Land Management to conduct a mineral examination of the mining claims or 
mill sites contained in a patent application as set forth in subsection 
(b). The Bureau of Land Management shall have the sole responsibility to 
choose and pay the third-party contractor in accordance with the 
standard procedures employed by the Bureau of Land Management in the 
retention of third-party contractors.
    Sec. 315. None of the funds appropriated or otherwise made available 
by this Act may be used for the purposes of acquiring lands in the 
counties of Gallia, Lawrence, Monroe, or Washington, Ohio, for the Wayne 
National Forest.
    Sec. 316. Of the funds provided to the National Endowment for the 
Arts:
            (a) The Chairperson shall only award a grant to an 
        individual if such grant is awarded to such individual for a 
        literature fellowship, National Heritage Fellowship, or American 
        Jazz Masters Fellowship.
            (b) The Chairperson shall establish procedures to ensure 
        that no funding provided through a grant, except a grant made to 
        a State or local arts agency, or regional group, may be used to 
        make a grant to any other organization or individual to conduct 
        activity independent of the direct grant recipient. Nothing in 
        this subsection shall prohibit payments made in exchange for 
        goods and services.
            (c) No grant shall be used for seasonal support to a group, 
        unless the application is specific to the contents of the 
        season, including identified programs and/or projects.
      Sec. 317. None of the funds available to the Department of the 
Interior or the Department of Agriculture by this or any other Act may 
be used to prepare, promulgate, implement, or enforce any interim or 
final rule or regulation pursuant to Title VIII of the Alaska National 
Interest Lands Conservation Act to assert jurisdiction, management, or 
control over any waters (other than non-navigable waters on Federal 
lands), non-Federal lands, or lands selected by, but not conveyed to, 
the State of Alaska pursuant to the Submerged Lands Act of 1953 or the 
Alaska Statehood Act, or an Alaska Native Corporation pursuant to the 
Alaska Native Claims Settlement Act.

    Sec. 318. No funds appropriated under this or any other Act shall be 
used to review or modify sourcing areas previously approved under 
section 490(c)(3) of the Forest Resources Conservation and Shortage 
Relief Act of 1990 (Public Law 101-382) or to enforce or implement 
Federal regulations 36 CFR part 223 promulgated

[[Page 110 STAT. 3009-223]]

on September 8, 1995. The regulations and interim rules in effect prior 
to September 8, 1995 (36 CFR 223.48, 36 CFR 223.87, 36 CFR 223 subpart 
D, 36 CFR 223 subpart F, and 36 CFR 261.6) shall remain in effect. The 
Secretary of Agriculture or the Secretary of the Interior shall not 
adopt any policies concerning Public Law 101-382 or existing regulations 
that would restrain domestic transportation or processing of timber from 
private lands or impose additional accountability 
requirements <<NOTE: 16 USC 620c note.>>  on any timber. The Secretary 
of Commerce shall extend until September 30, 1997, the order issued 
under section 491(b)(2)(A) of Public Law 101-382 and shall issue an 
order under section 491(b)(2)(B) of such law that will be effective 
October 1, 1997.

    Sec. 319. Section 101(c) of Public <<NOTE: 16 USC 460l-6a note.>>  
Law 104-134 is amended as follows: Under the heading ``Title III--
General Provisions'' amend section 315(b) by striking ``50, areas,'' and 
inserting in lieu thereof ``100, areas,'' and amend section 315(f) by 
striking ``September 30, 1998'' and inserting in lieu thereof 
``September 30, 1999'' and by striking ``September 30, 2001'' and 
inserting in lieu thereof ``September 30, 2002''.

    Sec. 320. None of the amounts made available by this Act may be used 
for design, planning, implementation, engineering, construction, or any 
other activity in connection with a scenic shoreline drive in Pictured 
Rocks National Lakeshore.
    Sec. 321. Land Transfer, Bend Silviculture Lab, Deschutes National 
Forest, Oregon.--
            (a) Transfer of real property and all improvements located 
        thereon.--Notwithstanding any other provisions of law, there is 
        hereby transferred, without consideration and subject to 
        existing valid rights, all right, title and interest of the 
        United States in and to approximately 5.73 acres of land as 
        described by plat dated July 7, 1977, (which is on file and 
        available for public inspection in the Office of the Chief, USDA 
        Forest Service, Washington, D.C.), as well as all improvements, 
        including the Bend Silviculture Lab located thereon, to the 
        Central Oregon Community College, Bend, Oregon; this being a 
        portion of the same tract acquired by donation from the City of 
        Bend on August 10, 1960, through a Bargain and Sale deed to the 
        USDA Forest Service for use as a research lab, and recorded in 
        volume 125, page 508 of the Deschutes County, Oregon, Deed 
        Records.
            (b) Conditions of transfer.--The transfer effected by 
        subsection (a) is made subject to no special terms or 
        conditions.

    Sec. 322. No part of any appropriation contained in this Act or any 
other Act shall be expended or obligated to fund the activities of the 
Office of Forestry and Economic Assistance, or any successor office 
after December 31, 1996.
    Sec. 323. (a) The Secretary of the Interior is authorized to accept 
title to approximately 84 acres of land located in Prince Georges 
County, Maryland, adjacent to Oxon Cove Park, and bordered generally by 
the Potomac River, Interstate 295 and the Woodrow Wilson Bridge, or any 
interest therein, and in exchange therefor may convey to the Corrections 
Corporation of America approximately 50 acres of land located in Oxon 
Cove Park in the District of Columbia and bordered generally by Oxon 
Cove, Interstate 295 and the District of Columbia Impound Lot, or any 
interest therein.
    (b) Before proceeding with an exchange, the Secretary shall 
determine if the federal property is suitable for exchange under

[[Page 110 STAT. 3009-224]]

the criteria normally used by the National Park Service. The exchange 
shall comply with applicable regulations and National Park Service 
policies for land exchanges.
    (c)(1) The Secretary shall not acquire any lands under this section 
if the Secretary determines that the lands or any portion thereof have 
become contaminated with hazardous substances (as defined in the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(42 U.S.C. 960l)).
    (2) Notwithstanding any other provision of law, the United States 
shall have no responsibility or liability with respect to any hazardous 
wastes or other substances placed on any of the lands covered by this 
section after their transfer to the ownership of any party, but nothing 
in this section shall be construed as either diminishing or increasing 
any responsibility or liability of the United States based on the 
condition of such lands on the date of their transfer to the ownership 
of another party: Provided, That the Corrections Corporation of America 
shall indemnify the United States for liabilities arising under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(42 U.S.C. 960l) and the Resource Conservation Recovery Act (42 U.S.C. 
690l, et seq.).
    (d) The properties so exchanged either shall be approximately equal 
in fair market value or if they are not approximately equal, shall be 
equalized by the payment of cash to the Corporation or to the Secretary 
as required or in the event the value of the Corporation's lands is 
greater, the acreage may be reduced so that the fair market value is 
approximately equal: Provided, That the Secretary shall order appraisals 
made of the fair market value for improvements thereon: Provided 
further, That any such cash payment received by the Secretary shall be 
deposited to ``Miscellaneous Trust Funds, National Park Service'' and 
shall be available without further appropriation until expended for the 
acquisition of land within the National Park System.
    (e) Costs of conducting necessary land surveys, preparing the legal 
descriptions of the lands to be conveyed, performing the appraisals, and 
administrative costs incurred in completing the exchange shall be borne 
by the Corporation.
    (f) Following any exchange authorized by this provision, the 
boundaries of Oxon Cove Park shall be expanded to include the land 
acquired by the United States.
    Sec. 324. Section 1. Land Exchange.--
            (a) Exchange.--Subject to subsection (c), the Secretary of 
        Agriculture (referred to in this section as the ``Secretary'') 
        shall convey all right, title, and interest of the United States 
        in and to the National Forest System lands described in 
        subsection (b)(1) to Public Utility District No. 1 of Chelan 
        County, Washington (referred to in this section as the ``Public 
        Utility District''), in exchange for the conveyance to the 
        Department of Agriculture by the Public Utility District of all 
        right, title, and interest of the Public Utility District in and 
        to the lands described in subsection (b)(2).
            (b) Description of lands.--
                    (1) National Forest System Lands.--The National 
                Forest System lands referred to in subsection (a) are 
                122 acres, more or less, that are partially occupied by 
                a wastewater treatment facility referred to in 
                subsection (c)(4)(A) with the following legal 
                description:

[[Page 110 STAT. 3009-225]]

                          (A) The NE\1/4\ of SW\1/4\ of section 27 of 
                      township 27 north, range 17 east, Willamette 
                      Meridian, Chelan County, Washington.
                          (B) The N\1/2\ of SE\1/4\ of SW\1/4\ of such 
                      section 27.
                          (C) The W\1/2\ of NW\1/4\ of SE\1/4\ of such 
                      section 27.
                          (D) The NW\1/4\ of SW\1/4\ of SE\1/4\ of such 
                      section 27.
                          (E) The E\1/2\ of NW\1/4\ of the SE\1/4\ of 
                      such section 27.
                          (F) That portion of the S\1/2\ of SE\1/4\ of 
                      SW\1/4\ lying north of the northerly edge of 
                      Highway 209 right-of-way of such section 27.
                    (2) Public utility district lands.--The lands owned 
                by the Public Utility District are 109.15 acres, more or 
                less, with the following legal description:
                          (A) S\1/2\ of SW\1/4\ of section 35 of 
                      township 26 north, range 17 east, Willamette 
                      Meridian, Chelan County, Washington.
                          (B) The area specified by Public Utility 
                      District No. 1 as Government Lot 5 in such section 
                      35.
            (c) Requirements for exchange.--
                    (1) Title acceptance and conveyance.--Upon offer by 
                the Public Utility District of all right, title and 
                interest in and to the lands described in subsection 
                (b)(2), if the title is found acceptable by the 
                Secretary, the Secretary shall accept title to such 
                lands and interests therein and shall convey to the 
                Public Utility District all right, title, and interest 
                of the United States in and to the lands described in 
                subsection (b)(1).
                    (2) Appraisals required.--Before making an exchange 
                pursuant to subsection (a), the Secretary shall conduct 
                appraisals of the lands that are subject to the exchange 
                to determine the fair market value of the lands. Such 
                appraisals shall not include the value of the wastewater 
                treatment facility referred to in paragraph (4)(A).
                    (3) Additional consideration.--If, on the basis of 
                the appraisals made under paragraph (1), the Secretary 
                determines that the fair market value of the lands to be 
                conveyed by one party under subsection (a) is less than 
                the fair market value of the lands to be conveyed by the 
                other party under subsection (a), then, as a condition 
                of making the exchange under subsection (a), the party 
                conveying the lands with the lesser value shall pay the 
                other party the amount by which the fair market value of 
                the lands of greater value exceeds the fair market value 
                of the lands of lesser value.
                    (4) Conveyance of wastewater treatment facility.--
                (A) As part of an exchange made under subsection (a), 
                the Secretary shall convey to the Public Utility 
                District of Chelan County, Washington, all right, title 
                and interest of the United States in and to the 
                wastewater treatment facility (including the wastewater 
                treatment plant and associated lagoons) located on the 
                lands described in subsection (b)(1) that is in 
                existence on the date of the exchange.

[[Page 110 STAT. 3009-226]]

                    (B) As a condition for the exchange under subsection 
                (a), the Public Utility District shall provide for a 
                credit equal to the fair market value of the wastewater 
                treatment facility conveyed pursuant to subparagraph (A) 
                (determined as of November 4, 1991), that shall be 
                applied to the United States' share of any new 
                wastewater treatment facility constructed by the Public 
                Utility District after such date.
            (d) Additional terms and conditions.--The Secretary may 
        require such additional terms and conditions in connection with 
        the exchange under this section as the Secretary determines 
        appropriate to protect the interests of the United States.

    Sec. 325. ``Snoqualmie National Forest Boundary Adjustment Act of 
1996.''
            (a) In general.--The Secretary of Agriculture is hereby 
        directed to modify the boundary of the Snoqualmie National 
        Forest to include and encompass 10,589.47 acres, more or less, 
        as generally depicted on a map entitled ``Snoqualmie National 
        Forest Proposed 1996 Boundary Modification'' dated July, 1996. 
        Such map, together with a legal description of all lands 
        included in the boundary adjustment, shall be on file and 
        available for public inspection in the Office of the Chief of 
        the Forest Service in Washington, District of Columbia.
            (b) Rule for land and water conservation fund.--For the 
        purposes of section 7 of the Land and Water Conservation Fund 
        Act of 1965 (16 U.S.C. 460l-9), the boundary of the Snoqualmie 
        National Forest, as modified pursuant to subsection (a), shall 
        be considered to be the boundary of that National Forest as of 
        January 1, 1965.

    Sec. 326. Sugarbush Land Exchange Act of 1996.
            (a) Exchange or sale of land.--
                    (1) If Sugarbush Resort Holdings, Inc. conveys to 
                the United States land acceptable to the Secretary of 
                Agriculture that is at least equal in value to the value 
                of the land described in subsection (a)(2), makes a 
                payment of cash at least equal to that value, or conveys 
                land and makes a payment of cash that in combination are 
                at least equal to that value, the Secretary, subject to 
                valid existing rights, shall, under such terms and 
                conditions as the Secretary may prescribe, convey all 
                right, title, and interest of the United States in and 
                to the land described in subsection (a)(2).
                    (2) Federal land to be exchanged.--The Federal land 
                to be exchanged is approximately 57 acres of federally 
                owned land in the Green Mountain National Forest 
                depicted on the map entitled ``Green Mountain National 
                Forest, Sugarbush Exchange,'' dated December 1995.
                    (3) Lands acquired from Sugarbush Resort Holdings, 
                Inc.--Any land conveyed to the United States in an 
                exchange under subsection (a)(1) shall be subject to 
                such valid existing rights of record as may be 
                acceptable to the Secretary, and the title to the parcel 
                shall conform with the title approval standards 
                applicable to federal land acquisitions.
            (b) Administration of land.--
                    (1) Addition to green mountain national forest.--On 
                approval and acceptance of title by the Secretary, the

[[Page 110 STAT. 3009-227]]

                land acquired by the United States through an exchange 
                or with proceeds from a sale under subsection (a) shall 
                become part of the Green Mountain National Forest, and 
                the boundaries of the National Forest shall be adjusted 
                to include the land.
                    (2) Administration.--Land acquired under this Act 
                shall be administered by the Secretary in accordance 
                with the laws (including regulations) pertaining to the 
                National Forest System.
                    (3) Authority of the secretary.--This section does 
                not limit the authority of the Secretary to adjust the 
                boundaries of the Green Mountain National Forest 
                pursuant to section 11 of the Act of March 1, 1911 (36 
                Stat. 963, chapter 186; 16 U.S.C. 521) (commonly known 
                as the ``Weeks Law'').
                    (4) For the purposes of section 7 of the Land and 
                Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), 
                the boundaries of the Green Mountain National Forest, as 
                adjusted under this Act, shall be considered to be the 
                boundaries of the Green Mountain National Forest as of 
                January 1, 1965.
      Sec. 327. Snowbird Wilderness Study Area.
      (a) In General.--Section 6(a)(4) of the North Carolina Wilderness 
Act of 1984 (Public Law 98-324) is amended--
            (1) by striking ``eight thousand four hundred and ninety 
        acres'' and inserting ``8,390 acres''; and
            (2) by striking ``July 1983'' and inserting ``July 1996''.
      (b) Management.--The Secretary of Agriculture shall manage the 
area removed from wilderness study status by the amendments made by 
subsection (a) in accordance with the provisions of law applicable to 
adjacent areas outside the wilderness study area.
      Sec. 328 <<NOTE: 16 USC 1132 note.>> . Renaming of Wilderness 
Area.
      (a) The Columbia Wilderness, created by the Oregon Wilderness Act 
of 1984, Public Law 98-328, located in the Mt. Hood National Forest, 
Oregon, shall be known and designated as the ``Mark O. Hatfield 
Wilderness''.
      (b) Any references in a law, map, regulation, document, paper, or 
other record of the United States to the Columbia Wilderness shall be 
deemed to be a reference to the ``Mark O. Hatfield Wilderness''.
      Sec. 329. Notwithstanding any other provision of law, for fiscal 
year 1997 the Secretaries of Agriculture and Interior are authorized to 
limit competition for watershed restoration project contracts as part of 
the ``Jobs in the Woods'' component of the President's Forest Plan for 
the Pacific Northwest to individuals and entities in historically 
timber-dependent areas in the States of Washington, Oregon, and northern 
California that have been affected by reduced timber harvesting on 
Federal lands.
      Sec. 330. Section 9 of the Rhode Island Indian Claims Settlement 
Act (25 U.S.C. 1708) is amended--
            (1) by striking ``Sec. 9. Except as''; and inserting the 
        following:
      ``(a) In General.--Except as'';
            (2) by striking the section heading and inserting the 
        following:

[[Page 110 STAT. 3009-228]]

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

        and
            (3) by adding at the end the following new subsection:
      ``(b) Treatment of Settlement Lands Under the Indian Gaming 
Regulatory Act.--For purposes of the Indian Gaming Regulatory Act (25 
U.S.C. 2701 et seq.), settlement lands shall not be treated as Indian 
lands.''.

                   TITLE IV--EMERGENCY APPROPRIATIONS

                       DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                    management of lands and resources

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

                        wildland fire management

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

                    oregon and california grant lands

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

[[Page 110 STAT. 3009-229]]

                 United States Fish and Wildlife Service

                           resource management

      For an additional amount for resource management, $2,100,000, to 
remain available until expended, of which $600,000 is to restore public 
lands damaged by fire and $1,500,000 is address anti-terrorism 
requirements: Provided, That Congress hereby designates this amount as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That this amount shall be available only to the extent 
that an official budget request for a specific dollar amount, that 
includes designation of the entire amount as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress.

                              construction

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

                          National Park Service

                  operation of the national park system

      For an additional amount for operation of the National park 
system, $2,300,000, to remain available until expended, to address anti-
terrorism requirements: Provided, That Congress hereby designates this 
amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That this amount shall be available only to 
the extent that an official budget request for a specific dollar amount, 
that includes designation of the entire amount as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                              construction

      For an additional amount for construction, $9,300,000, to remain 
available until expended, of which $3,000,000 is to repair damage caused 
by hurricanes and $6,300,000 is to address anti-terrorism requirements: 
Provided, That Congress hereby designates this amount as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided further, 
That this amount shall be available only to the extent that an official 
budget request for a specific dollar amount, that includes designation 
of the entire amount as an emergency requirement as defined in the 
Balanced

[[Page 110 STAT. 3009-230]]

Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                     United States Geological Survey

                  surveys, investigations, and research

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

                        Bureau of Indian Affairs

                      operation of indian programs

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

                              construction

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

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

                         national forest system

      For an additional amount for the National Forest System, 
$3,395,000, to remain available until expended, to repair damage caused 
by hurricanes: Provided, That Congress hereby designates

[[Page 110 STAT. 3009-231]]

this amount as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended: Provided further, That this amount shall be 
available only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

                        wildland fire management

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

                     reconstruction and construction

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

                         OTHER RELATED AGENCIES

                         Smithsonian Institution

                          salaries and expenses

      For an additional amount for salaries and expenses, $935,000, to 
remain available until expended, to address anti-terrorism requirements: 
Provided, That Congress hereby designates this amount as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided further, 
That this amount shall be available only to the extent that an official 
budget request for a specific dollar amount, that includes designation 
of the entire amount as an emergency requirement as defined in the 
Balanced

[[Page 110 STAT. 3009-232]]

Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

      For an additional amount for operations and maintenance, 
$1,600,000, to remain available until expended, to address anti-
terrorism requirements: Provided, That Congress hereby designates this 
amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That this amount shall be available only to 
the extent that an official budget request for a specific dollar amount, 
that includes designation of the entire amount as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                              construction

      For an additional amount for construction, $3,400,000, to remain 
available until expended, to address anti-terrorism requirements: 
Provided, That Congress hereby designates this amount as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided further, 
That this amount shall be available only to the extent that an official 
budget request for a specific dollar amount, that includes designation 
of the entire amount as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress.

                         National Gallery of Art

                          salaries and expenses

      For an additional amount for salaries and expenses, $382,000, to 
remain available until expended, to address anti-terrorism requirements: 
Provided, That Congress hereby designates this amount as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided further, 
That this amount shall be available only to the extent that an official 
budget request for a specific dollar amount, that includes designation 
of the entire amount as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress.

                United States Holocaust Memorial Council

                       holocaust memorial council

      For an additional amount for the Holocaust Memorial Council, 
$1,000,000, to remain available until expended, to address anti-
terrorism requirements: Provided, That Congress hereby designates this 
amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That this amount

[[Page 110 STAT. 3009-233]]

shall be available only to the extent that an official budget request 
for a specific dollar amount, that includes designation of the entire 
amount as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.
      This Act may be cited as the ``Department of the Interior and 
Related Agencies Appropriations Act, 1997''.
      (e) For programs, projects or activities in the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
Appropriations Act, 1997, provided as follows, to be effective as if it 
had been enacted into law as the regular appropriations Act:

                                 AN ACT

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

       TITLE I-- <<NOTE: Department of Labor Appropriations Act, 
1997.>> DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

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

[[Page 110 STAT. 3009-234]]

needs-related payments to accompany long-term training, or is necessary 
to facilitate the provision of appropriate basic readjustment services; 
and that funds provided to carry out the Secretary's discretionary 
grants under part B of such title III may be used to provide needs-
related payments to participants who, in lieu of meeting the 
requirements relating to enrollment in training under section 314(e) of 
such Act, are enrolled in training by the end of the sixth week after 
grant funds have been awarded: Provided further, That service delivery 
areas may transfer funding provided herein under authority of titles II-
B and II-C of the Job Training Partnership Act between the programs 
authorized by those titles of that Act, if such transfer is approved by 
the Governor: Provided further, That service delivery areas and substate 
areas may transfer up to 20 percent of the funding provided herein under 
authority of title II-A and title III of the Job Training Partnership 
Act between the programs authorized by those titles of the Act, if such 
transfer is approved by the Governor: Provided further, That, 
notwithstanding any other provision of law, any proceeds from the sale 
of Job Corps center facilities shall be retained by the Secretary of 
Labor to carry out the Job Corps program: Provided further, That 
notwithstanding any
other provision of law, the Secretary of Labor may waive any of the 
statutory or regulatory requirements of titles I-III of the Job Training 
Partnership Act (except for requirements relating to wage and labor 
standards, worker rights, participation and protection, grievance 
procedures and judicial review, nondiscrimination, allocation of funds 
to local areas, eligibility, review and approval of plans, the 
establishment and functions of service delivery areas and private 
industry councils, and the basic purposes of the Act), and any of the 
statutory or regulatory requirements of sections 8-10 of the Wagner-
Peyser Act (except for requirements relating to the provision of 
services to unemployment insurance claimants and veterans, and to 
universal access to basic labor exchange services without cost to job 
seekers), only for funds available for expenditure in program year 1997, 
pursuant to a request submitted by a State which identifies the 
statutory or regulatory requirements that are requested to be waived and 
the goals which the State or local service delivery areas intend to 
achieve, describes the actions that the State or local service delivery 
areas have undertaken to remove State or local statutory or regulatory 
barriers, describes the goals of the waiver and the expected 
programmatic outcomes if the request is granted, describes the 
individuals impacted by the waiver, and describes the process used to 
monitor the progress in implementing a waiver, and for which notice and 
an opportunity to comment on such request has been provided to the 
organizations identified in section 105(a)(1) of the Job Training 
Partnership Act, if and only to the extent that the Secretary determines 
that such requirements impede the ability of the State to implement a 
plan to improve the workforce development system and the State has 
executed a Memorandum of Understanding with the Secretary requiring such 
State to meet agreed upon outcomes and implement other appropriate 
measures to ensure accountability: Provided further, That the Secretary 
of Labor shall establish a workforce <<NOTE: 29 USC 1732 
note.>> flexibility (work-flex) partnership demonstration program under 
which the Secretary shall authorize not more than six States, of which 
at least three States shall each have populations not in excess of 
3,500,000, with a preference given to those States that have been

[[Page 110 STAT. 3009-235]]

designated Ed-Flex Partnership States under section 311(e) of Public Law 
103-227, to waive any statutory or regulatory requirement applicable to 
service delivery areas or substate areas within the State under titles 
I-III of the Job Training Partnership Act (except for requirements 
relating to wage and labor standards, grievance procedures and judicial 
review, nondiscrimination, allotment of funds, and eligibility), and any 
of the statutory or regulatory requirements of sections 8-10 of the 
Wagner-Peyser Act (except for requirements relating to the provision of 
services to unemployment insurance claimants and veterans, and to 
universal access to basic labor exchange services without cost to job 
seekers), for a duration not to exceed the waiver period authorized 
under section 311(e) of Public Law 103-227, pursuant to a plan submitted 
by such States and approved by the Secretary for the provision of 
workforce employment and training activities in the States, which 
includes a description of the process by which service delivery areas 
and substate areas may apply for and have waivers approved by the State, 
the requirements of the Wagner-Peyser Act to be waived, the outcomes to 
be achieved and other measures to be taken to ensure appropriate 
accountability for federal funds.

            Community Service Employment for Older Americans

                           (transfer of funds)

      To carry out the activities for national grants or contracts with 
public agencies and public or private nonprofit organizations under 
paragraph (1)(A) of section 506(a) of title V of the Older Americans Act 
of 1965, as amended, or to carry out older worker activities as 
subsequently authorized, $361,140,000, including $21,840,000 which shall 
be available for the period ending June 30, 1997.
      To carry out the activities for grants to States under paragraph 
(3) of section 506(a) of title V of the Older Americans Act of 1965, as 
amended, or to carry out older worker activities as subsequently 
authorized, $101,860,000, including $6,160,000 which shall be available 
for the period ending June 30, 1997.
      The funds appropriated under this heading shall be transferred to 
the Department of Health and Human Services, ``Aging Services Programs'' 
following the enactment of legislation authorizing the administration of 
the program by that Department.

              federal unemployment benefits and allowances

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

     state unemployment insurance and employment service operations

      For authorized administrative expenses, $173,452,000, together 
with not to exceed $3,146,826,000 (including not to exceed

[[Page 110 STAT. 3009-236]]

$1,653,000 which may be used for amortization payments to States which 
had independent retirement plans in their State employment service 
agencies prior to 1980, and including not to exceed $2,000,000 which may 
be obligated in contracts with non-State entities for activities such as 
occupational and test research activities which benefit the Federal-
State Employment Service System), which may be expended from the 
Employment Security Administration account in the Unemployment Trust 
Fund including the cost of administering section 1201 of the Small 
Business Job Protection Act of 1996, section 7(d) of the Wagner-Peyser 
Act, as amended, the Trade Act of 1974, as amended, the Immigration Act 
of 1990, and the Immigration and Nationality Act, as amended, and of 
which the sums available in the allocation for activities authorized by 
title III of the Social Security Act, as amended (42 U.S.C. 502-504), 
and the sums available in the allocation for necessary administrative 
expenses for carrying out 5 U.S.C. 8501-8523, shall be available for 
obligation by the States through December 31, 1997, except that funds 
used for automation acquisitions shall be available for obligation by 
States through September 30, 1999; and of which $23,452,000, together 
with not to exceed $738,283,000 of the amount which may be expended from 
said trust fund, shall be available for obligation for the period July 
1, 1997 through June 30, 1998, to fund activities under the Act of June 
6, 1933, as amended, including the cost of penalty mail authorized under 
39 U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments 
for such purpose, and of which $216,333,000 shall be available only to 
the extent necessary for additional State allocations to administer 
unemployment compensation laws to finance increases in the number of 
unemployment insurance claims filed and claims paid or changes in a 
State law: Provided, That to the extent that the Average Weekly Insured 
Unemployment (AWIU) for fiscal year 1997 is
projected by the Department of Labor to exceed 2,828,000 an additional 
$28,600,000 shall be available for obligation for every 100,000 increase 
in the AWIU level (including a pro rata amount for any increment less 
than 100,000) from the Employment Security Administration Account of the 
Unemployment Trust Fund: Provided further, That funds appropriated in 
this Act which are used to establish a national one-stop career center 
network may be obligated in contracts, grants or agreements with non-
State entities: Provided further, That funds appropriated under this Act 
for activities authorized under the Wagner-Peyser Act, as amended, and 
title III of the Social Security Act, may be used by the States to fund 
integrated Employment Service and Unemployment Insurance automation 
efforts, notwithstanding cost allocation principles prescribed under 
Office of Management and Budget Circular A-87.

         advances to the unemployment trust fund and other funds

      For repayable advances to the Unemployment Trust Fund as 
authorized by sections 905(d) and 1203 of the Social Security Act, as 
amended, and to the Black Lung Disability Trust Fund as authorized by 
section 9501(c)(1) of the Internal Revenue Code of 1954, as amended; and 
for nonrepayable advances to the Unemployment Trust Fund as authorized 
by section 8509 of title 5, United States Code, section 104(d) of Public 
Law 102-164, and section 5 of Public Law 103-6, and to the ``Federal 
unemployment benefits

[[Page 110 STAT. 3009-237]]

and allowances'' account, to remain available until September 30, 1998, 
$373,000,000.
      In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
1997, for costs incurred by the Black Lung Disability Trust Fund in the 
current fiscal year, such sums as may be necessary.

                         program administration

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

               Pension and Welfare Benefits Administration

                          salaries and expenses

      For necessary expenses for Pension and Welfare Benefits 
Administration, $77,083,000, of which $6,000,000 shall remain available 
through September 30, 1998 for expenses of revising the processing of 
employee benefit plan returns.

                  Pension Benefit Guaranty Corporation

                pension benefit guaranty corporation fund

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

                   Employment Standards Administration

                          salaries and expenses

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

[[Page 110 STAT. 3009-238]]

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

                            special benefits

                      (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior fiscal 
year authorized by title 5, chapter 81 of the United States Code; 
continuation of benefits as provided for under the head ``Civilian War 
Benefits'' in the Federal Security Agency Appropriation Act, 1947; the 
Employees' Compensation Commission Appropriation Act, 1944; and sections 
4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and 
50 per centum of the additional compensation and benefits required by 
section 10(h) of the Longshore and Harbor Workers' Compensation Act, as 
amended, $213,000,000 together with such amounts as may be necessary to 
be charged to the subsequent year appropriation for the payment of 
compensation and other benefits for any period subsequent to August 15 
of the current year: Provided, That such sums as are necessary may be 
used under section 8104 of title 5, United States Code, by the Secretary 
to reimburse an employer, who is not the employer at the time of injury, 
for portions of the salary of a reemployed, disabled beneficiary: 
Provided further, That balances of reimbursements unobligated on 
September 30, 1996, shall remain available until expended for the 
payment of compensation, benefits, and expenses: Provided further, That 
in addition there shall be transferred to this appropriation from the 
Postal Service and from any other corporation or instrumentality 
required under section 8147(c) of title 5, United States Code, to pay an 
amount for its fair share of the cost of administration, such sums as 
the Secretary of Labor determines to be the cost of administration for 
employees of such fair share entities through September 30, 1997: 
Provided further, That of those funds transferred to this account from 
the fair share entities to pay the cost of administration, $11,390,000 
shall be made available to the Secretary of Labor for expenditures 
relating to capital improvements in support of Federal Employees' 
Compensation Act administration, and the balance of such funds shall be 
paid into the Treasury as miscellaneous receipts: Provided further, That 
the Secretary may require that any person filing a notice of injury or a 
claim for benefits under
Subchapter 5, U.S.C., chapter 81, or under subchapter 33, U.S.C. 901, et 
seq. (the Longshore and Harbor Workers' Compensation Act, as amended), 
provide as part of such notice and claim, such identifying information 
(including Social Security account number) as such regulations may 
prescribe.

[[Page 110 STAT. 3009-239]]

                    black lung disability trust fund

                      (including transfer of funds)

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

              Occupational Safety and Health Administration

                          salaries and expenses

      For necessary expenses for the Occupational Safety and Health 
Administration, $325,734,000, including not to exceed $77,354,000 which 
shall be the maximum amount available for grants to States under section 
23(g) of the Occupational Safety and Health Act, which grants shall be 
no less than fifty percent of the costs of State occupational safety and 
health programs required to be incurred under plans approved by the 
Secretary under section 18 of the Occupational Safety and Health Act of 
1970; and, in addition, notwithstanding 31 U.S.C. 3302, the <<NOTE: 29 
USC 670 note.>> Occupational Safety and Health Administration may retain 
up to $750,000 per fiscal year of training institute course tuition 
fees, otherwise authorized by law to be collected, and may utilize such 
sums for occupational safety and health training and education grants: 
Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary of Labor 
is authorized, during the fiscal year ending September 30, 1997, to 
collect and retain fees for services provided to Nationally Recognized 
Testing Laboratories, and may utilize such sums, in accordance with the 
provisions of 29 U.S.C. 9a, to administer national and international 
laboratory recognition programs that ensure the safety of equipment and 
products used by workers in the workplace: Provided further, That none 
of the funds appropriated under this paragraph shall be obligated or 
expended to prescribe, issue, administer, or enforce any standard, rule, 
regulation, or order under the Occupational Safety and Health Act of 
1970 which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs ten 
or fewer employees: Provided further, That no funds appropriated under

[[Page 110 STAT. 3009-240]]

this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or
order under the Occupational Safety and Health Act of 1970 with respect 
to any employer of ten or fewer employees who is included within a 
category having an occupational injury lost workday case rate, at the 
most precise Standard Industrial Classification Code for which such data 
are published, less than the national average rate as such rates are 
most recently published by the Secretary, acting through the Bureau of 
Labor Statistics, in accordance with section 24 of that Act (29 U.S.C. 
673), except--
            (1) to provide, as authorized by such Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response to 
        an employee complaint, to issue a citation for violations found 
        during such inspection, and to assess a penalty for violations 
        which are not corrected within a reasonable abatement period and 
        for any willful violations found;
            (3) to take any action authorized by such Act with respect 
        to imminent dangers;
            (4) to take any action authorized by such Act with respect 
        to health hazards;
            (5) to take any action authorized by such Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by such Act; and
            (6) to take any action authorized by such Act with respect 
        to complaints of discrimination against employees for exercising 
        rights under such Act: Provided further, That the foregoing 
        proviso shall not apply to any person who is engaged in a 
        farming operation which does not maintain a temporary labor camp 
        and employs ten or fewer employees.

                  Mine Safety and Health Administration

                          salaries and expenses

      For necessary expenses for the Mine Safety and Health 
Administration, $197,810,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire <<NOTE: 30 USC 962.>>  of passenger motor vehicles; 
the Secretary is authorized to accept lands, buildings, equipment, and 
other contributions from public and private sources and to prosecute 
projects in cooperation with other agencies, Federal, State, or private; 
the Mine Safety and Health Administration is authorized to promote 
health and safety education and training in the mining community through 
cooperative programs with States, industry, and safety associations; and 
any funds available to the Department may be used, with the approval of 
the Secretary, to provide for the costs of mine rescue and survival 
operations in the event of a major disaster: Provided, That none of the 
funds appropriated under this paragraph shall be obligated or expended 
to carry out section 115 of the Federal Mine Safety and Health Act of 
1977 or to carry out that portion of section 104(g)(1) of such Act 
relating to the enforcement of any training requirements, with respect 
to shell dredging, or with respect to any sand, gravel, surface stone, 
surface clay, colloidal phosphate, or surface limestone mine.

[[Page 110 STAT. 3009-241]]

                       Bureau of Labor Statistics

                          salaries and expenses

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

                         Departmental Management

                          salaries and expenses

      For necessary expenses for Departmental Management, including the 
hire of three sedans, and including up to $4,358,000 for the President's 
Committee on Employment of People With Disabilities, $144,211,000; 
together with not to exceed $297,000, which may be expended from the 
Employment Security Administration account in the Unemployment Trust 
Fund: Provided, That <<NOTE: 33 USC 921 note.>> no funds made available 
by this Act may be used by the Solicitor of Labor to participate in a 
review in any United States court of appeals of any decision made by the 
Benefits Review Board under section 21 of the Longshore and Harbor 
Workers' Compensation Act (33 U.S.C. 921) where such participation is 
precluded by the decision of the United States Supreme Court in 
Director, Office of Workers' Compensation Programs v. Newport News 
Shipbuilding, 115 S. Ct. 1278 (1995): Provided further, That no funds 
made available by this Act may be used by the Secretary of Labor to 
review a decision under the Longshore and Harbor Workers' Compensation 
Act (33 U.S.C. 901 et seq.) that has been appealed and that has been 
pending before the Benefits Review Board for more than 12 months: 
Provided further, That any such decision pending a review by the 
Benefits Review Board for more than one year shall be considered 
affirmed by the Benefits Review Board on that date, and shall be 
considered the final order of the Board for purposes of obtaining a 
review in the United States courts of appeals: Provided further, That 
these provisions shall not be applicable to the review of any decision 
issued under the Black Lung Benefits Act (30 U.S.C. 901 et seq.).

        assistant secretary for veterans employment and training

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

                       office of inspector general

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

[[Page 110 STAT. 3009-242]]

                           general provisions

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

                           (transfer of funds)

      Sec. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That the Appropriations
 Committees of both Houses of Congress are notified at least fifteen 
days in advance of any transfer.
      Sec. 103. Funds shall be available for carrying out title IV-B of 
the Job Training Partnership Act, notwithstanding section 427(c) of that 
Act, if a Job Corps center fails to meet national performance standards 
established by the Secretary.
      Sec. 104. Effective January 1, 1997, no funds appropriated or 
otherwise made available to the Department of Labor in this title shall 
be disbursed without the approval of the Department's Chief Financial 
Officer or his delegatee.
      Sec. 105. Notwithstanding any other provision of law, the 
Secretary of Labor may waive any of the requirements contained in 
sections 4, 104, 105, 107, 108, 121, 164, 204, 253, 254, 264, 301, 311, 
313, 314, and 315 of the Job Training Partnership Act in order to assist 
States in improving State workforce development systems, pursuant to a 
request submitted by a State that has prior to the date of enactment of 
this Act executed a Memorandum of Understanding with the United States 
requiring such State to meet agreed upon outcomes.
      This title may be cited as the ``Department of Labor 
Appropriations Act, 1997''.

 TITLE II--DEPARTMENT OF HEALTH <<NOTE: Department of Health and Human 
Services Appropriations Act, 1997.>>  AND HUMAN SERVICES

              Health Resources and Services Administration

                      health resources and services

      For carrying out titles II, III, VII, VIII, X, XII, XVI, XIX, and 
XXVI of the Public Health Service Act, section 427(a) of the Federal 
Coal Mine Health and Safety Act, title V of the Social Security Act, the 
Health Care Quality Improvement Act of 1986, as amended, and the Native 
Hawaiian Health Care Act of 1988, as amended, $3,405,019,000, of which 
$297,000 shall remain available until expended for interest subsidies on 
loan guarantees made prior to fiscal year 1981 under part B of title VII 
of the Public Health Service Act: Provided, That the Division of Federal 
Occupational Health may utilize personal services contracting to employ 
professional management/administrative and occupational health 
professionals: Provided further, That of the funds made available under 
this heading, $828,000 shall be available until expended for facilities 
renovations at the Gillis W. Long Hansen's Disease

[[Page 110 STAT. 3009-243]]

Center: Provided further, That in addition to fees authorized by section 
427(b) of the Health Care Quality Improvement Act of 1986, fees shall be 
collected for the full disclosure of information under the Act 
sufficient to recover the full costs of operating the National 
Practitioner Data Bank, and shall remain available until expended to 
carry out that Act: Provided further, That no more than $5,000,000 is 
available for carrying out the provisions of Public Law 104-73: Provided 
further, That of the funds made available under this heading, 
$198,452,000 shall be for the program under title X of the Public Health 
Service Act to provide for voluntary family planning projects: Provided 
further, That amounts provided to said projects under such title shall 
not be expended for abortions, that all pregnancy counseling shall be 
nondirective, and that such amounts shall not be expended for any 
activity (including the publication or distribution of literature) that 
in any way tends to promote public support or opposition to any 
legislative proposal or candidate for public office: Provided further, 
That $167,000,000 shall be for State AIDS Drug Assistance Programs 
authorized by section 2616 of the Public Health Service Act and shall be 
distributed to States as authorized by section 2618(b)(2) of such Act: 
Provided further, That notwithstanding any other provision of law, funds 
made available under this heading may be used to continue operating the 
Council on Graduate Medical Education established by section 301 of 
Public Law 102-408: Provided further, That, of the funds made available 
under this
heading, not more than $8,000,000 shall be made available and shall 
remain available until expended for loan guarantees for loans made by 
non-Federal lenders for the construction, renovation, and modernization 
of medical facilities that are owned and operated by health centers 
funded under part A of title XVI of the Public Health Service Act as 
amended, and, subject to authorization, for loans made to health centers 
for the costs of developing and operating managed care networks or 
plans, and that such funds be available to subsidize guarantees of total 
loan principal in an amount not to exceed $80,000,000: Provided further, 
That notwithstanding section 502(a)(1) of the Social Security Act, not 
to exceed $103,609,000 is available for carrying out special projects of 
regional and national significance pursuant to section 501(a)(2) of such 
Act.

               medical facilities guarantee and loan fund

            federal interest subsidies for medical facilities

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

                health education assistance loans program

      For the cost of guaranteed loans, such sums as may be necessary to 
carry out the purpose of the program, as authorized by title VII of the 
Public Health Service Act, as amended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of

[[Page 110 STAT. 3009-244]]

1974: Provided further, That these funds are available to subsidize 
gross obligations for the total loan principal any part of which is to 
be guaranteed at not to exceed $140,000,000. In addition, for 
administrative expenses to carry out the guaranteed loan program, 
$2,688,000.

             vaccine injury compensation program trust fund

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

                       vaccine injury compensation

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

               Centers for Disease Control and Prevention

                 disease control, research, and training

      To carry out titles II, III, VII, XI, XV, XVII, and XIX of the 
Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 301, 
and 501 of the Federal Mine Safety and Health Act of 1977, and sections 
20, 21 and 22 of the Occupational Safety and Health Act of 1970, title 
IV of the Immigration and Nationality Act and section 501 of the Refugee 
Education Assistance Act of 1980; including insurance of official motor 
vehicles in foreign countries; and hire, maintenance, and operation of 
aircraft, $2,262,698,000, of which $30,553,000 shall remain available 
until expended for equipment and construction and renovation of 
facilities, and of which $32,000,000 shall remain
available until September 30, 1998 for mine safety and health 
activities, and in addition, such sums as may be derived from authorized 
user fees, which shall be credited to this account: Provided, That in 
addition to amounts provided herein, up to $48,400,000 shall be 
available from amounts available under section 241 of the Public Health 
Service Act, to carry out the National Center for Health Statistics 
surveys: Provided further, That none of the funds made available for 
injury prevention and control at the Centers for Disease Control and 
Prevention may be used to advocate or promote gun control: Provided 
further, That the Director may redirect the total amount made available 
under authority of Public Law 101-502, section 3, dated November 3, 
1990, to activities the Director may so designate: Provided further, 
That the Congress is to be notified promptly of any such transfer: 
Provided further, That the functions described in clause <<NOTE: 30 USC 
1 note.>> (1) of the first proviso under the subheading ``mines and 
minerals'' under the heading ``Bureau of Mines'' in the text of title I 
of the Department of the Interior and Related Agencies Appropriations 
Act, 1996, as enacted by section 101 (c) of the Omnibus Consolidated 
Rescissions and Appropriations Act of 1996 (Public Law 104-134), are 
hereby transferred to, and vested in, the Secretary of Health

[[Page 110 STAT. 3009-245]]

and Human Services, subject to section 1531 of title 31, United States 
Code: Provided further, That of the amount provided, $23,000,000 is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended.
      In addition, $41,000,000, to be derived from the Violent Crime 
Reduction Trust Fund, for carrying out sections 40151 and 40261 of 
Public Law 103-322.

                      National Institutes of Health

                        national cancer institute

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $2,382,532,000.

                national heart, lung, and blood institute

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, $1,433,001,000.

                  national institute of dental research

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $195,997,000.

    national institute of diabetes and digestive and kidney diseases

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney disease, 
$815,982,000.

         national institute of neurological disorders and stroke

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$726,746,000.

          national institute of allergy and infectious diseases

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$1,257,234,000.

             national institute of general medical sciences

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $998,470,000.

        national institute of child health and human development

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$631,703,000.

[[Page 110 STAT. 3009-246]]

                         national eye institute

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$332,735,000.

           national institute of environmental health sciences

      For carrying out sections 301 and 311 and title IV of the Public 
Health Service Act with respect to environmental health sciences, 
$308,819,000.

                       national institute on aging

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $486,047,000.

  national institute of arthritis and musculoskeletal and skin diseases

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, $257,111,000.

    national institute on deafness and other communication disorders

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
$188,422,000.

                 national institute of nursing research

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $59,743,000.

           national institute on alcohol abuse and alcoholism

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, $212,004,000.

                    national institute on drug abuse

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $489,375,000.

                   national institute of mental health

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $701,585,000.

                 national center for research resources

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $415,145,000: Provided, That none of these funds shall 
be used to pay recipients of the general research support grants program 
any amount for indirect expenses in connection with such grants: 
Provided further, That $20,000,000 shall be for extramural facilities 
construction grants.

[[Page 110 STAT. 3009-247]]

                national center for human genome research

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $189,657,000.

                  john e. fogarty international center

      For carrying out the activities at the John E. Fogarty 
International Center, $26,586,000.

                      national library of medicine

      For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$151,103,000, of which $4,000,000 shall be available until expended for 
improvement of information systems: Provided, That in fiscal year 1997, 
the Library may enter into personal services contracts for the provision 
of
services in facilities owned, operated, or constructed under the 
jurisdiction of the National Institutes of Health.

                         office of the director

                      (including transfer of funds)

      For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health, $287,206,000, of which 
$35,589,000 shall be for the Office of AIDS Research: Provided, That 
funding shall be available for the purchase of not to exceed five 
passenger motor vehicles for replacement only: Provided further, That 
the Director may direct up to 1 percent of the total amount made 
available in this Act to all National Institutes of Health 
appropriations to activities the Director may so designate: Provided 
further, That no such appropriation shall be increased or decreased by 
more than 1 percent by any such transfers and that the Congress is 
promptly notified of the transfer: Provided further, That NIH is 
authorized to collect third party payments for the cost of clinical 
services that are incurred in National Institutes of Health research 
facilities and that such payments shall be credited to the National 
Institutes of Health Management Fund: Provided further, That all funds 
credited to the NIH Management Fund shall remain available for one 
fiscal year after the fiscal year in which they are deposited: Provided 
further, That up to $200,000 shall be available to carry out section 499 
of the Public Health Service Act.

                        buildings and facilities

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

[[Page 110 STAT. 3009-248]]

        Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

      For carrying out titles V and XIX of the Public Health Service Act 
with respect to substance abuse and mental health services, the 
Protection and Advocacy for Mentally Ill Individuals Act of 1986, 
section 30401 of Public Law 103-322 and section 301 of the Public Health 
Service Act with respect to program management, $2,134,743,000, of which 
$5,000,000 shall be for grants to rural and Native American projects and 
$12,800,000 shall be for activities authorized by section 30401 of 
Public Law 103-322.

      retirement pay and medical benefits for commissioned officers

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

               Agency for Health Care Policy and Research

                     health care policy and research

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

                  Health Care Financing Administration

                      grants to states for medicaid

      For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $75,056,618,000, to remain available until 
expended.
      For making, after May 31, 1997, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 1997 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
      For making payments to States under title XIX of the Social 
Security Act for the first quarter of fiscal year 1998, $27,988,993,000, 
to remain available until expended.
      Payment under title XIX may be made for any quarter with respect 
to a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

[[Page 110 STAT. 3009-249]]

                   payments to health care trust funds

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

                           program management

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

      health maintenance organization loan and loan guarantee fund

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

                Administration for Children and Families

                    family support payments to states

      For making payments of such sums as necessary to each State for 
carrying out the program of Aid to Families with Dependent Children 
under title IV-A of the Social Security Act in fiscal year 1997 before 
the effective date of the program of Temporary Assistance to Needy 
Families (TANF) with respect to such State: Provided, That the sum of 
the amounts available to a State with respect to expenditures under such 
title IV-A in fiscal year 1997 under this appropriation and under such 
title IV-A as amended by the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 shall not exceed the limitations 
under section 116(b) of such Act.
      For making payments to States for carrying out title IV-A (other 
than section 402(g)(6)) of the Social Security Act in calendar quarters 
prior to October 1, 1996, such sums as may be necessary.
      For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and XVI of the Social Security

[[Page 110 STAT. 3009-250]]

Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), $2,158,000,000 to 
remain available until expended.
      For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-D, X, XI, XIV, 
and XVI of the Social Security Act, for the last three months of the 
current year for unanticipated costs, incurred for the current fiscal 
year, such sums as may be necessary.
      For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960 (24 U.S.C. ch. 9) for the first quarter of fiscal 
year 1998, $607,000,000, to remain available until expended.

                   job opportunities and basic skills

      For carrying out aid to families with dependent children work 
programs, as authorized by part F of title IV of the Social Security 
Act, $1,000,000,000.

                    low income home energy assistance

      For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,000,000,000.
      For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,000,000,000, to be available for 
obligation in the period October 1, 1997 through September 30, 1998.

                     refugee and entrant assistance

      For making payments for refugee and entrant assistance activities 
authorized by title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980 (Public Law 
96-422), $412,076,000: Provided, That funds appropriated pursuant to 
section 414(a) of the Immigration and Nationality Act under Public Law 
103-333 for fiscal year 1995 shall be available for the costs of 
assistance provided and other activities conducted in such year and in 
fiscal years 1996 and 1997.

                 child care and development block grant

                      (including transfer of funds)

      For carrying out sections 658A through 658R of the Omnibus Budget 
Reconciliation Act of 1981 (The Child Care and Development Block Grant 
Act of 1990), $956,120,000, of which $937,000,000 shall become available 
on October 1, 1997 and shall remain available through September 30, 
1998: Provided, That $19,120,000 shall become available for obligation 
on October 1, 1996 for child care resource and referral and school-aged 
child care activities, of which
$6,120,000 shall be derived from an amount that shall be transferred 
from the amount appropriated under section 452(j) of the Social Security 
Act (42 U.S.C. 652(j)) for fiscal year 1996 and remaining available for 
expenditure.

                       social services block grant

      For making grants to States pursuant to section 2002 of the Social 
Security Act, $2,500,000,000: Provided, That notwithstanding section 
2003(c) of such Act, as amended, the amount specified

[[Page 110 STAT. 3009-251]]

for allocation under such section for fiscal year 1997 shall be 
$2,500,000,000.

                 children and families services programs

                         (including rescissions)

      For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, the Temporary Child Care for Children with Disabilities 
and Crisis Nurseries Act of 1986, section 429A, part B of title IV of 
the Social Security Act, section 413 of the Social Security Act, the 
Family Violence Prevention and Services Act, the Native American 
Programs Act of 1974, title II of Public Law 95-266 (adoption 
opportunities), the Abandoned Infants Assistance Act of 1988, and part 
B(1) of title IV of the Social Security Act; for making payments under 
the Community Services Block Grant Act; and for necessary administrative 
expenses to carry out said Acts and titles I, IV, X, XI, XIV, XVI, and 
XX of the Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 
9), the Omnibus Budget Reconciliation Act of 1981, title IV of the 
Immigration and Nationality Act, section 501 of the Refugee Education 
Assistance Act of 1980, and section 126 and titles IV and V of Public 
Law 100-485, $5,363,569,000, of which $536,432,000 shall be for making 
payments under the Community Services Block Grant Act: Provided, That to 
the extent Community Services Block Grant funds are distributed as grant 
funds by a State to an eligible entity as provided under the Act, and 
have not been expended by such entity, they shall remain with such 
entity for carryover into the next fiscal year for expenditure by such 
entity consistent with program purposes: Provided further, That of the 
amount appropriated for fiscal year 1997 under section 672(a) of the 
Community Services Block Grant Act, the Secretary shall use up to one 
percent of the funds available to correct allocation errors that 
occurred in fiscal year 1995 and fiscal year 1996 to ensure that the 
minimum allotment to each State for each of fiscal years 1995 and 1996 
would be $2,222,460: Provided further, That no more than one-half of one 
percent of the funds available under section 672(a) shall be used for 
the purposes of section 674(a) of the Community Services Block Grant 
Act.
      In addition, $20,000,000, to be derived from the Violent Crime 
Reduction Trust Fund, for carrying out sections 40155, 40211 and 40241 
of Public Law 103-322.
      Funds appropriated for fiscal year 1996 and fiscal year 1997 under 
section 429A(e), part B of title IV of the Social Security Act shall be 
reduced by $6,000,000 in each such year.
      Funds appropriated for fiscal year 1997 under section 413(h)(1) of 
the Social Security Act shall be reduced by $15,000,000.

                     family preservation and support

      For carrying out section 430 of the Social Security Act, 
$240,000,000.

       payments to states for foster care and adoption assistance

      For making payments to States or other non-Federal entities, under 
title IV-E of the Social Security Act, $4,445,031,000.

[[Page 110 STAT. 3009-252]]

      For making payments to States or other non-Federal entities, under 
title IV-E of the Social Security Act, for the first quarter of fiscal 
year 1998, $1,111,000,000.

                         Administration on Aging

                         aging services programs

      For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, as amended, $830,168,000: Provided, That 
notwithstanding section 308(b)(1) of such Act, the amounts available to 
each State for administration of the State plan under title III of such 
Act shall be reduced not more than 5 percent below the amount that was 
available to such State for such purpose for fiscal year 1995: Provided 
further, That in considering grant applications for nutrition services 
for elder Indian recipients, the Assistant Secretary shall provide 
maximum flexibility to applicants who seek to take into account 
subsistence, local customs and other characteristics that are 
appropriate to the unique cultural, regional and geographic needs of the 
American Indian, Alaskan and Hawaiian native communities to be served.

                         Office of the Secretary

                     general departmental management

      For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, and XX of the Public Health Service Act, 
$174,523,000, together with $5,851,000, to be transferred and expended 
as authorized by section 201(g)(1) of the Social Security Act from the 
Hospital Insurance Trust Fund and the Supplemental Medical Insurance 
Trust Fund: Provided, That of the funds made available under this 
heading for carrying out title XVII of the Public Health Service Act, 
$11,500,000 shall be available until expended for extramural 
construction: Provided further, That notwithstanding section 2010 (b) 
and (c) under title XX of the Public Health Service Act, as amended, of 
the funds made available under this heading, $10,879,000 shall be for 
activities specified under section 2003(b)(2) of title XX of the Public 
Health Service Act, as amended, and of which $9,011,000 shall be for 
prevention grants under section 510(b)(2) of title V of the Social 
Security Act, as amended: Provided further, That of the amount provided, 
$5,775,000 is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

                       office of inspector general

      For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $32,999,000, together with any funds, to remain available until 
expended, that represent the equitable share from the forfeiture of 
property in investigations in which the Office of Inspector General 
participated, and which are transferred to the Office of Inspector 
General by the Department of Justice, the Department of the Treasury, or 
the United States Postal Service.

[[Page 110 STAT. 3009-253]]

                         office for civil rights

      For expenses necessary for the Office for Civil Rights, 
$16,216,000, together with not to exceed $3,314,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Hospital Insurance Trust Fund and the Supplemental Medical 
Insurance Trust Fund.

                             policy research

      For carrying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act and section 301(l) 
of Public Law 104-191, $18,500,000: Provided, That $9,500,000, to remain 
available until September 30, 1998, shall be for carrying out section 
301(l) of Public Law 104-191.

                           general provisions

      Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $37,000 for official reception and representation expenses 
when specifically approved by the Secretary.
      Sec. 202. The Secretary shall make available through assignment 
not more than 60 employees of the Public Health Service to assist in 
child survival activities and to work in AIDS programs through and with 
funds provided by the Agency for International Development, the United 
Nations International Children's Emergency Fund or the World Health 
Organization.
      Sec. 203. None of the funds appropriated under this Act may be 
used to implement section 399L(b) of the Public Health Service Act or 
section 1503 of the National Institutes of Health Revitalization Act of 
1993, Public Law 103-43.
      Sec. 204. None of the funds made available by this Act may be used 
to withhold payment to any State under the Child Abuse Prevention and 
Treatment Act by reason of a determination that the State is not in 
compliance with section 1340.2(d)(2)(ii) of title 45 of the Code of 
Federal Regulations. This provision expires upon the date of enactment 
of the reauthorization of the Child Abuse Prevention and Treatment Act.
      Sec. 205. None of the funds appropriated in this Act for the 
National Institutes of Health and the Substance Abuse and Mental Health 
Services Administration shall be used to pay the salary of an 
individual, through a grant or other extramural mechanism, at a rate in 
excess of $125,000 per year.
      Sec. 206. None of the funds appropriated in this Act may be 
expended pursuant to section 241 of the Public Health Service Act, 
except for funds specifically provided for in this Act, or for other 
taps and assessments made by any office located in the Department of 
Health and Human Services, prior to the Secretary's preparation and 
submission of a report to the Committee on Appropriations of the Senate 
and of the House detailing the planned uses of such funds.

                           (transfer of funds)

      Sec. 207. Of the funds appropriated or otherwise made available 
for the Department of Health and Human Services, General Departmental 
Management, for fiscal year 1997, the Secretary of Health and Human 
Services shall transfer to the Office of the Inspector General such sums 
as may be necessary for any expenses

[[Page 110 STAT. 3009-254]]

with respect to the provision of security protection for the Secretary 
of Health and Human Services.
      Sec. 208. None of the funds appropriated in this Act may be 
obligated or expended for the Federal Council on Aging under the Older 
Americans Act or the Advisory Board on Child Abuse and Neglect under the 
Child Abuse Prevention and Treatment Act.

                           (transfer of funds)

      Sec. 209. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the current fiscal year for the 
Department of Health and Human Services in this Act may be transferred 
between appropriations, but no such appropriation shall be increased by 
more than 3 percent by any such transfer: Provided, That the 
Appropriations Committees of both Houses of Congress are notified at 
least fifteen days in advance of any transfer.

                           (transfer of funds)

      Sec. 210. The Director of the National Institutes of Health, 
jointly with the Director of the Office of AIDS Research, may transfer 
up to 3 percent among institutes, centers, and divisions from the total 
amounts identified by these two Directors as funding for research 
pertaining to the human immunodeficiency virus: Provided, That the 
Congress is promptly notified of the transfer.

                           (transfer of funds)

      Sec. 211. Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related to the 
human immunodeficiency virus, as jointly determined by the Director of 
NIH and the Director of the Office of AIDS Research, shall be made 
available to the ``Office of AIDS Research'' account. The Director of 
the Office of AIDS Research shall transfer from such account amounts 
necessary to carry out section 2353(d)(3) of the Public Health Service 
Act.
      Sec. 212. Not later than January 1, 1997, the Administrator of the 
Health Care Financing Administration, with the advice and technical 
assistance of the Agency for Health Care Policy and Research, shall 
transmit to the appropriate committees of the Congress a report 
including--
      (1) a review of all available studies and research data on the 
treatment of end-stage emphysema and chronic obstructive pulmonary 
disease by both unilateral and bilateral lung volume reduction surgery, 
involving both invasive and noninvasive surgery and supplemental 
surgical methods, including laser applications; and
      (2) a recommendation, based on such review, as to the 
appropriateness of Medicare coverage of such procedures and the 
conditions, if necessary, that facilities and physicians should be 
required to meet, to ensure the efficacy of such procedures, as more 
detailed clinical studies are conducted.
      Sec. 213. Section 304(a)(1) of the Family Violence Prevention and 
Services Act (42 U.S.C. 10403(a)(1)) is amended by striking ``$200,000'' 
and inserting ``$400,000''.

[[Page 110 STAT. 3009-255]]

      Sec. 214. The new clinical research center at the National 
Institutes of Health is hereby named the Mark O. Hatfield Clinical 
Research Center.
      Sec. 215. Section 345 of Public Law 104-193 <<NOTE: 42 USC 652, 
653.>> is amended by replacing ``section 457(a)'' wherever it appears 
with ``a plan approved under this part''. Amounts available under 
such <<NOTE: 42 USC 652 note.>> section shall be calculated as though 
such section were effective October 1, 1995.
      This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 1997''.

    TITLE III-- <<NOTE: Department of Education Appropriations Act, 
1997.>> DEPARTMENT OF EDUCATION

                            education reform

      For carrying out activities authorized by titles III and IV of the 
Goals 2000: Educate America Act and the School-to-Work Opportunities 
Act, $691,000,000, of which $476,000,000 for the Goals 2000: Educate 
America Act and $200,000,000 for the School-to-Work Opportunities Act 
shall become available on July 1, 1997, and remain available through 
September 30, 1998: Provided, That none of the funds appropriated under 
this heading shall be obligated or expended to carry out section 
304(a)(2)(A) of the Goals 2000: Educate America Act.

                     education for the disadvantaged

      For carrying out title I of the Elementary and Secondary Education 
Act of 1965, and section 418A of the Higher Education Act, 
$7,698,469,000, of which $6,380,114,000 shall become available on July 
1, 1997, and shall remain available through September 30, 1998, and of 
which $1,298,386,000 shall become available on October 1, 1997 and shall 
remain available through September 30, 1998, for academic year 1997-
1998: Provided, That $6,194,850,000 shall be available for basic grants 
under section 1124: Provided further, That up to $3,500,000 of these 
funds shall be available to the Secretary on October 1, 1996, to obtain 
updated local-educational-agency-level census poverty data from the 
Bureau of the Census: Provided further, That $999,249,000 shall be 
available for concentration grants under section 1124(A) and $7,000,000 
shall be available for evaluations under section 1501.

                               impact aid

      For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $730,000,000, of which $615,500,000 
shall be for basic support payments under section 8003(b), $40,000,000 
shall be for payments for children with disabilities under section 
8003(d), $52,000,000, to remain available until expended, shall be for 
payments under section 8003(f), $5,000,000 shall be for construction 
under section 8007, and $17,500,000 shall be for Federal property 
payments under section 8002.

                       school improvement programs

      For carrying out school improvement activities authorized by 
titles II, IV-A-1, V-A and B, VI, IX, X and XIII of the Elementary and 
Secondary Education Act of 1965; the Stewart B. McKinney Homeless 
Assistance Act; and the Civil Rights Act of 1964;

[[Page 110 STAT. 3009-256]]

$1,425,631,000, of which $1,202,478,000 shall become available on July 
1, 1997, and remain available through September 30, 1998: Provided, That 
of the amount appropriated, $310,000,000 shall be for Eisenhower 
professional development State grants under title II-B and $310,000,000 
shall be for innovative education program strategies State grants under 
title VI-A.

                    bilingual and immigrant education

      For carrying out, to the extent not otherwise provided, bilingual, 
foreign language and immigrant education activities authorized by parts 
A and C and section 7203 of title VII of the Elementary and Secondary 
Education Act, without regard to section 7103(b), $261,700,000, of which 
$100,000,000 shall be for immigrant education programs authorized by 
part C: Provided, That State educational agencies may use all, or any 
part of, their part C allocation for competitive grants to local 
educational agencies: Provided further, That the Department of Education 
should only support instructional programs which ensure that students 
completely master English in a timely fashion (a period of three to five 
years) while meeting rigorous achievement standards in the academic 
content areas.

                            special education

      For carrying out parts B, C, D, E, F, G, and H and section 
610(j)(2)(C) of the Individuals with Disabilities Education Act, 
$4,036,000,000, of which $3,783,685,000 shall become available for 
obligation on July 1, 1997, and shall remain available through September 
30, 1998: Provided, That the Republic of the Marshall Islands, the 
Federated States of Micronesia, and the Republic of Palau shall continue 
to be eligible to receive funds under the Individuals with Disabilities 
Education Act consistent with the provisions of Public Law 104-134: 
Provided further, That the entities that received competitive awards for 
direct services to children under section 611 of the Individuals with 
Disabilities Education Act in accordance with the competition required 
in Public Law 104-134 shall continue to be funded, without competition, 
in the same amounts as under Public Law 104-134.

             rehabilitation services and disability research

      For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Technology-Related Assistance for 
Individuals with Disabilities Act, and the Helen Keller National Center 
Act, as amended, $2,509,447,000.

           Special Institutions for Persons With Disabilities

                  american printing house for the blind

      For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 
101 et seq.), $6,680,000.

                national technical institute for the deaf

      For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986 (20 U.S.C.

[[Page 110 STAT. 3009-257]]

4301 et seq.), $43,041,000: Provided, That from the amount available, 
the Institute may at its discretion use funds for the endowment program 
as authorized under section 207.

                          gallaudet university

      For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986 (20 U.S.C. 4301 et seq.), $79,182,000: Provided, That from the 
amount available, the University may at its discretion use funds for the 
endowment program as authorized under section 207.

                     vocational and adult education

      For carrying out, to the extent not otherwise provided, the Carl 
D. Perkins Vocational and Applied Technology Education Act, the Adult 
Education Act, and the National Literacy Act of 1991, $1,486,531,000, of 
which $4,500,000 shall be for the National Institute for Literacy; and 
of which $1,483,612,000 shall become available on July 1, 1997 and shall 
remain available through September 30, 1998: Provided, That, of the 
amounts made available for title II of the Carl D. Perkins Vocational 
and Applied Technology
Education Act, $4,500,000 shall be used by the Secretary for national 
programs under title IV, without regard to section 451: Provided 
further, That, in addition, the Secretary may reserve up to $9,000,000 
under section 101(a)(1)(A) of the Carl D. Perkins Vocational and Applied 
Technology Education Act, without regard to section 451: Provided 
further, That the Secretary may reserve up to $5,000,000 under section 
313(d) of the Adult Education Act for activities carried out under 
section 383 of that Act: Provided further, That no funds shall be 
awarded to a State Council under section 112(f) of the Carl D. Perkins 
Vocational and Applied Technology Education Act, and no State shall be 
required to operate such a Council.

                      student financial assistance

      For carrying out subparts 1, 3, and 4 of part A, part C and part E 
of title IV of the Higher Education Act of 1965, as amended, 
$7,560,407,000, which shall remain available through September 30, 1998.
      The maximum Pell <<NOTE: 20 USC 1070a note.>>  Grant for which a 
student shall be eligible during award year 1997-1998 shall be $2,700: 
Provided, That notwithstanding section 401(g) of the Act, if the 
Secretary determines, prior to publication of the payment schedule for 
such award year, that the amount included within this appropriation for 
Pell Grant awards in such award year, and any funds available from the 
fiscal year 1996 appropriation for Pell Grant awards, are insufficient 
to satisfy fully all such awards for which students are eligible, as 
calculated under section 401(b) of the Act, the amount paid for each 
such award shall be reduced by either a fixed or variable percentage, or 
by a fixed dollar amount, as determined in accordance with a schedule of 
reductions established by the Secretary for this purpose.

[[Page 110 STAT. 3009-258]]

              federal family education loan program account

      For Federal administrative expenses to carry out guaranteed 
student loans authorized by title IV, part B, of the Higher Education 
Act, as amended, $46,572,000.

                            higher education

      For carrying out, to the extent not otherwise provided, parts A 
and B of title III, without regard to section 360(a)(1)(B)(ii), titles 
IV, V, VI, VII, and IX, part A and subpart 1 of part B of title X, and 
title XI of the Higher Education Act of 1965, as amended, Public Law 
102-423 and the Mutual Educational and Cultural Exchange Act of 1961; 
$879,054,000, of which $15,673,000 for interest subsidies under title 
VII of the Higher Education Act, as amended, shall remain available 
until expended: Provided, That funds available for part D of title IX of 
the Higher Education Act shall be available to fund noncompeting 
continuation awards for academic year 1997-1998 for fellowships awarded 
originally under part B of title IX of said Act, under the terms and 
conditions of part B: Provided further, That $5,931,000 of the funds 
available for part D of title IX of the Higher Education Act shall be 
available to fund new and noncompeting continuation awards for academic 
year 1997-1998 for fellowships awarded under part C of title IX of said 
Act, under the terms and conditions of part C: Provided further, That 
notwithstanding sections 419D, 419E, and 419H of the Higher Education 
Act, as amended, scholarships made under title IV, part A, subpart 6 
shall be prorated to maintain the same number of new scholarships in 
fiscal year 1997 as in fiscal year 1996: Provided further, That 
$3,000,000, to remain available until expended, shall be for the George 
H.W. Bush fellowship program, if authorized by April 1, 1997: Provided 
further, That $3,000,000, to remain available until expended, shall be 
for the Edmund S. Muskie
Foundation to establish an endowment fund to provide income to support 
such foundation on a continuing basis, if authorized by April 1, 1997: 
Provided further, That $3,000,000, to remain available until expended, 
shall be for the Claiborne Pell Institute for International Relations 
and Public Policy at Salve Regina University in Newport, Rhode Island, 
if authorized by April 1, 1997: Provided further, That $1,000,000, to 
remain available until expended, shall be for the Calvin Coolidge 
Memorial Foundation, if authorized by April 1, 1997: Provided further, 
That, of the amounts made available under title X, part A of the Higher 
Education Act, $2,000,000 shall be awarded to the Pennsylvania 
Educational Telecommunications Exchange Network.

                            howard university

      For partial support of Howard University (20 U.S.C. 121 et seq.), 
$196,000,000: Provided, That from the amount available, the University 
may at its discretion use funds for the endowment program as authorized 
under the Howard University Endowment Act (Public Law 98-480).

                    higher education facilities loans

      The Secretary is hereby authorized to make such expenditures, 
within the limits of funds available under this heading and in accord 
with law, and to make such contracts and commitments

[[Page 110 STAT. 3009-259]]

without regard to fiscal year limitation, as provided by section 104 of 
the Government Corporation Control Act (31 U.S.C. 9104), as may be 
necessary in carrying out the program for the current fiscal year.

          college housing and academic facilities loans program

      For administrative expenses to carry out the existing direct loan 
program of college housing and academic facilities loans entered into 
pursuant to title VII, part C, of the Higher Education Act, as amended, 
$698,000.

                          college housing loans

      Pursuant to title VII, part C of the Higher Education Act, as 
amended, for necessary expenses of the college housing loans program, 
the Secretary shall make expenditures and enter into contracts without 
regard to fiscal year limitation using loan repayments and other 
resources available to this account. Any unobligated balances becoming 
available from fixed fees paid into this account pursuant to 12 U.S.C. 
1749d, relating to payment of costs for inspections and site visits, 
shall be available for the operating expenses of this account.

  historically black college and university capital financing, program 
                                 account

      The total amount of bonds insured pursuant to section 724 of title 
VII, part B of the Higher Education Act shall not exceed $357,000,000, 
and the cost, as defined in section 502 of the Congressional Budget Act 
of 1974, of such bonds shall not exceed zero.
      For administrative expenses to carry out the Historically Black 
College and University Capital Financing Program entered into pursuant 
to title VII, part B of the Higher Education Act, as amended, $104,000.

             education research, statistics, and improvement

      For carrying out activities authorized by the Educational 
Research, Development, Dissemination, and Improvement Act of 1994, 
including part E; the National Education Statistics Act of 1994; section 
2102, sections 3132, 3136 and 3141, parts B, C, and D of title III and 
parts A, B, I, and K and section 10601 of title X, and part C of title 
XIII of the Elementary and Secondary Education Act of 1965, as amended, 
and title VI of Public Law 103-227, $598,350,000: Provided, That 
$200,000,000 shall be for section 3132, $56,965,000 shall be for section 
3136 and
$10,000,000 shall be for section 3141 of the Elementary and Secondary 
Education Act: Provided further, That notwithstanding any other 
provision of law, one-half of one percent of the amount available for 
section 3132 of the Elementary and Secondary Education Act of 1965, as 
amended, shall be set aside for the outlying areas to be distributed 
among the outlying areas on the basis of their relative need as 
determined by the Secretary in accordance with the purposes of the 
program: Provided further, That, notwithstanding section 3131(b) of said 
Act, if any State educational agency does not apply for a grant under 
section 3132, that State's allotment under section 3131 shall be 
reserved by the Secretary for grants to local educational agencies in 
the State that apply directly to

[[Page 110 STAT. 3009-260]]

the Secretary according to the terms and conditions announced by the 
Secretary in the Federal Register: Provided further, That, of the amount 
available for title III, part B of the Elementary and Secondary 
Education Act of 1965, as amended, funds shall be awarded to continue 
the Iowa Communication Network statewide fiber optic demonstration and 
$2,000,000 shall be awarded to the Southeastern Pennsylvania Consortium 
for Higher Education for the establishment of local and wide area 
computer networks to provide instructional resources to students and 
faculty: Provided further, That none of the funds appropriated in this 
paragraph may be obligated or expended for the Goals 2000 Community 
Partnerships Program.

                                libraries

      Notwithstanding title VII of this Act, for carrying out titles I, 
II, III, and IV of the Library Services and Construction Act, and title 
II-B of the Higher Education Act, $136,369,000, of which $16,369,000 
shall be used to carry out the provisions of title II of the Library 
Services and Construction Act and shall remain available until expended; 
and $2,500,000 shall be for section 222 and $5,000,000 shall be for 
section 223 of the Higher Education Act: Provided, That $1,000,000 shall 
be competitively awarded to a nonprofit regional social tolerance 
resource center, operating tolerance tools and prejudice reduction 
programs and multimedia tolerance and genocide exhibits: Provided 
further, That $1,500,000 shall be for the continuation of a 
demonstration project making information available for public use by 
connecting Internet to a multistate consortium and a historical society: 
Provided further, That $1,000,000 shall be for continuation of catalog 
conversion of research and doctoral institutions and networking of local 
libraries under the fiber optics demonstration initiated in Public Law 
102-394 under section 223 of the Higher Education Act: Provided further, 
That each State or local recipient of funds under titles I, II, III, and 
IV of the Library Services and Construction Act may use any such funds 
to plan for any library program or activity authorized under title VII 
of this Act and conduct any other activity reasonably necessary to 
provide for an orderly and effective transition to the operation of 
library programs or activities under title VII of this Act.

                         Departmental Management

                         program administration

      For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of conference 
rooms in the District of Columbia and hire of two passenger motor 
vehicles, $327,000,000.

                         office for civil rights

      For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $55,000,000.

[[Page 110 STAT. 3009-261]]

                     office of the inspector general

      For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $30,000,000.

                           GENERAL PROVISIONS

      Sec. 301. No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of equipment 
for such transportation) in order to overcome racial imbalance in any 
school or school system, or for the transportation of students or 
teachers (or for the purchase of equipment for such transportation) in 
order to carry out a plan of racial desegregation of any school or 
school system.
      Sec. 302. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, except 
for a student requiring special education, to the school offering such 
special education, in order to comply with title VI of the Civil Rights 
Act of 1964. For the purpose of this section an indirect requirement of 
transportation of students includes the transportation of students to 
carry out a plan involving the reorganization of the grade structure of 
schools, the pairing of schools, or the clustering of schools, or any 
combination of grade restructuring, pairing or clustering. The 
prohibition described in this section does not include the establishment 
of magnet schools.
      Sec. 303. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools.
      Sec. 304. Notwithstanding any other provision of law, funds 
available under section 458 of the Higher Education Act shall not exceed 
$491,000,000 for fiscal year 1997. The Department of Education shall use 
$80,000,000 of the amounts provided for payment of administrative cost 
allowances to guaranty agencies for fiscal year 1996. For fiscal year 
1997, the Department of Education shall pay administrative costs to 
guaranty agencies, calculated on the basis of 0.85 percent of the total 
principal amount of loans upon which insurance was issued on or after 
October 1, 1996: Provided, That such administrative costs shall be paid 
only on the first $8,200,000,000 of the principal amount of loans upon 
which insurance was issued on or after October 1, 1996 by such guaranty 
agencies, and shall not exceed a total of $70,000,000. Such payments are 
to be paid quarterly, and receipt of such funds and uses of such funds 
shall be in accordance with section 428(f) of the Higher Education Act.
      Notwithstanding <<NOTE: 20 USC 1087h note.>> section 458 of the 
Higher Education Act, the Secretary may not use funds available under 
that section or any other section for subsequent fiscal years for 
administrative expenses of the William D. Ford Direct Loan Program. The 
Secretary may not require the return of guaranty agency reserve funds 
during fiscal year 1997, except after consultation with both the 
Chairmen and ranking members of the House Economic and Educational 
Opportunities Committee and the Senate Labor and Human Resources 
Committee. Any reserve funds recovered by the Secretary shall be 
returned to the Treasury of the United States for purposes of reducing 
the Federal deficit.

[[Page 110 STAT. 3009-262]]

      No funds available to the Secretary may be used for (1) the hiring 
of advertising agencies or other third parties to provide advertising 
services for student loan programs prior to January 1, 1997, or (2) 
payment of administrative fees relating to the William D. Ford Direct 
Loan Program to institutions of higher education.
      Sec. 305. None of the funds appropriated in this Act may be 
obligated or expended to carry out
section 621(b) of Public Law 101-589.

                           (transfer of funds)

      Sec. 306. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the current fiscal year for the 
Department of Education in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That the Appropriations 
Committees of both Houses of Congress are notified at least fifteen days 
in advance of any transfer.
      Sec. 307. (a) Section 8003(f)(3)(A)(i) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7703(f)(3)(A)(i)) is 
amended--
            (1) in the matter preceding subclause (I), by striking ``The 
        Secretary'' and all that follows through ``greater of--'' and 
        inserting the following: ``The Secretary, in conjunction with 
        the local educational agency, shall first determine each of the 
        following:'';
            (2) in each of subclauses (I) through (III), by striking 
        ``the average'' each place it appears the first time in each 
        such subclause and inserting ``The average'';
            (3) in subclause (I), by striking the semicolon and 
        inserting a period;
            (4) in subclause (II), by striking ``: or'' and inserting a 
        period; and
            (5) by adding at the end the following:
      ``The local educational agency shall select one of the amounts 
determined under subclause (I), (II), or (III) for purposes of the 
remaining computations under this subparagraph.''.
      (b) The amendments made by subsection <<NOTE: 20 USC 7703 note.>>  
(a) shall apply with respect to fiscal years beginning with fiscal year 
1995.
      Sec. 308. Section 485(e)(9) of the Higher Education Act of 1965 is 
amended <<NOTE: 20 USC 1092.>> by striking out ``June 30'' in the second 
sentence of such section and inserting ``August 30''.
      This title may be cited as the ``Department of Education 
Appropriations Act, 1997''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

      For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the United States Soldiers' and Airmen's Home and 
the United States Naval Home, to be paid from funds available in the 
Armed Forces Retirement Home Trust Fund, $56,204,000, of which $432,000 
shall remain available until expended for construction and renovation of 
the physical plants at the United States Soldiers' and Airmen's Home and 
the United States Naval Home: Provided, That this appropriation shall 
not

[[Page 110 STAT. 3009-263]]

be available for the payment of hospitalization of members of the 
Soldiers' and Airmen's Home in United States Army hospitals at rates in 
excess of those prescribed by the Secretary of the Army upon 
recommendation of the Board of Commissioners and the Surgeon General of 
the Army.

             Corporation for National and Community Service

         domestic volunteer service programs, operating expenses

      For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic Volunteer 
Service Act of 1973, as amended, $213,969,000.

                   Corporation for Public Broadcasting

      For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for the fiscal year 
1999, $250,000,000: Provided, That no funds made available to the 
Corporation for Public Broadcasting by this Act shall be used to pay for 
receptions, parties, or similar forms of entertainment for Government 
officials or employees: Provided further, That none of the funds 
contained in this paragraph shall be
available or used to aid or support any program or activity from which 
any person is excluded, or is denied benefits, or is discriminated 
against, on the basis of race, color, national origin, religion, or sex.

               Federal Mediation and Conciliation Service

                          salaries and expenses

      For expenses necessary for the Federal Mediation and Conciliation 
Service to carry out the functions vested in it by the Labor Management 
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of 
passenger motor vehicles; and for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses 
necessary for the Service to carry out the functions vested in it by the 
Civil Service Reform Act, Public Law 95-454 (5 U.S.C. chapter 71), 
$32,579,000 including $1,500,000, to remain available through September 
30, 1998, for activities authorized by the Labor-Management Cooperation 
Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 
3302, fees charged, up to full-cost recovery, for special training 
activities and for arbitration services shall be credited to and merged 
with this account, and shall remain available until expended: Provided 
further, That fees for arbitration services shall be available only for 
education, training, and professional development of the agency 
workforce: Provided further, That the Director of the Service is 
authorized to accept on behalf of the United States gifts of services 
and real, personal, or other property in the aid of any projects or 
functions within the Director's jurisdiction.

[[Page 110 STAT. 3009-264]]

            Federal Mine Safety and Health Review Commission

                          salaries and expenses

      For expenses necessary for the Federal Mine Safety and Health 
Review Commission (30 U.S.C. 801 et seq.), $6,060,000.

        National Commission on Libraries and Information Science

                          salaries and expenses

      For necessary expenses for the National Commission on Libraries 
and Information Science, established by the Act of July 20, 1970 (Public 
Law 91-345, as amended by Public Law 102-95), $897,000.

                     National Council on Disability

                          salaries and expenses

      For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, as amended, 
$1,793,000.

                     National Education Goals Panel

      For expenses necessary for the National Education Goals Panel, as 
authorized by title II, part A of the Goals 2000: Educate America Act, 
$1,500,000.

                     National Labor Relations Board

                          salaries and expenses

      For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, $175,000,000: 
Provided, That no part of this appropriation shall be available to 
organize or assist in organizing agricultural laborers or used in 
connection with investigations, hearings, directives, or orders 
concerning bargaining units composed of agricultural laborers as 
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), 
and as amended by the Labor-Management Relations Act, 1947, as amended, 
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 
203), and including in said definition employees engaged in the 
maintenance and operation of ditches, canals, reservoirs, and waterways 
when maintained or operated on a mutual, nonprofit basis and at least 95 
per centum of the water stored or supplied thereby is used for farming 
purposes: Provided further, That none of the funds made available by 
this Act shall be used in any way to promulgate a final rule (altering 
29 CFR part 103) regarding single location bargaining units in 
representation cases.

[[Page 110 STAT. 3009-265]]

                        National Mediation Board

                          salaries and expenses

      For expenses necessary to carry out the provisions of the Railway 
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards 
appointed by the President, $8,300,000: Provided, That unobligated 
balances at the end of fiscal year 1997 not needed for emergency boards 
shall remain available for other statutory purposes through September 
30, 1998.

            Occupational Safety and Health Review Commission

                          salaries and expenses

      For expenses necessary for the Occupational Safety and Health 
Review Commission (29 U.S.C. 661), $7,753,000.

                   Physician Payment Review Commission

                          salaries and expenses

      For expenses necessary to carry out section 1845(a) of the Social 
Security Act, $3,263,000, to be transferred to this appropriation from 
the Federal Supplementary Medical Insurance Trust Fund.

                Prospective Payment Assessment Commission

                          salaries and expenses

      For expenses necessary to carry out section 1886(e) of the Social 
Security Act, $3,263,000, to be transferred to this appropriation from 
the Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds.

                     Social Security Administration

                 payments to social security trust funds

      For payment to the Federal Old-Age and Survivors Insurance and the 
Federal Disability Insurance trust funds, as provided under sections 
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,923,000.
      In addition, to reimburse these trust funds for administrative 
expenses to carry out sections 9704 and 9706 of the Internal Revenue 
Code of 1986, $10,000,000, to remain available until expended.

                special benefits for disabled coal miners

      For carrying out title IV of the Federal Mine Safety and Health 
Act of 1977, $460,070,000, to remain available until expended.
      For making, after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of the Federal Mine Safety and 
Health Act of 1977, for costs incurred in the current fiscal year, such 
amounts as may be necessary.
      For making benefit payments under title IV of the Federal Mine 
Safety and Health Act 1977 for the first quarter of fiscal year 1998, 
$160,000,000, to remain available until expended.

[[Page 110 STAT. 3009-266]]

                  supplemental security income program

      For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$19,372,010,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
      From funds provided under the previous paragraph, not less than 
$100,000,000 shall be available for payment to the Social Security trust 
funds for administrative expenses for conducting continuing disability 
reviews.
      In addition, $175,000,000, to remain available until September 30, 
1998, for payment to the Social Security trust funds for administrative 
expenses for continuing disability reviews as authorized by section 103 
of Public Law 104-121 and Supplemental Security Income administrative 
work as authorized by Public Law 104-193. The term ``continuing 
disability reviews'' means reviews and redetermination as defined under 
section 201(g)(1)(A) of the Social Security Act as amended, and reviews 
and redeterminations authorized under section 211 of Public Law 104-193.
      For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
      For carrying out title XVI of the Social Security Act for the 
first quarter of fiscal year 1998, $9,690,000,000, to remain available 
until expended.

                  limitation on administrative expenses

      For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $10,000 for official reception and 
representation expenses, not more than $5,873,382,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act or as 
necessary to carry out sections 9704 and 9706 of the Internal Revenue 
Code of 1986 from any one or all of the trust funds referred to therein: 
Provided, That reimbursement to the trust funds under this heading for 
administrative expenses to carry out sections 9704 and 9706 of the 
Internal Revenue Code of 1986 shall be made, with interest, not later 
than September 30, 1998: Provided further, That not less than $1,268,000 
shall be for the Social Security Advisory Board: Provided further, That 
unobligated balances at the end of fiscal year 1997 not needed for 
fiscal year 1997 shall remain available until expended for a state-of-
the-art computing network, including related equipment and 
administrative expenses associated solely with this network.
      From funds provided under the previous paragraph, not less than 
$200,000,000 shall be available for conducting continuing disability 
reviews.
      In addition to funding already available under this heading, and 
subject to the same terms and conditions, $310,000,000, to remain 
available until September 30, 1998, for continuing disability reviews as 
authorized by section 103 of Public Law 104-121 and Supplemental 
Security Income administrative work as authorized

[[Page 110 STAT. 3009-267]]

by Public Law 104-193. The term ``continuing disability reviews'' means 
reviews and redetermination as defined under section 201(g)(1)(A) of the 
Social Security Act as amended, and reviews and redeterminations 
authorized under section 211 of Public Law 104-193.
      In addition to funding already available under this heading, and 
subject to the same terms and conditions, $234,895,000, which shall 
remain available until expended, to invest in a state-of-the-art 
computing network, including related equipment and administrative 
expenses associated solely with this network, for the Social Security 
Administration and the State Disability Determination Services, may be 
expended from any or all of the trust funds as authorized by section 
201(g)(1) of the Social Security Act.

                       office of inspector general

      For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $6,335,000, together with not to exceed $31,089,000, to be 
transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act from the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund.

                        Railroad Retirement Board

                     dual benefits payments account

      For payment to the Dual Benefits Payments Account, authorized 
under section 15(d) of the Railroad Retirement Act of 1974, 
$223,000,000, which shall include amounts becoming available in fiscal 
year 1997 pursuant to section 224(c)(1)(B) of Public Law 98-76; and in 
addition, an amount, not to exceed 2 percent of the amount provided 
herein, shall be available proportional to the amount by
 which the product of recipients and the average benefit received 
exceeds $223,000,000: Provided, That the total amount provided herein 
shall be credited in 12 approximately equal amounts on the first day of 
each month in the fiscal year.

          federal payments to the railroad retirement accounts

      For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $300,000, to remain available through 
September 30, 1998, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

      For necessary expenses for the Railroad Retirement Board for 
administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $87,898,000, to be derived in such amounts 
as determined by the Board from the railroad retirement accounts and 
from moneys credited to the railroad unemployment insurance 
administration fund.

[[Page 110 STAT. 3009-268]]

              limitation on the office of inspector general

      For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, as amended, not more than $5,404,000, to 
be derived from the railroad retirement accounts and railroad 
unemployment insurance account: Provided, That none of the funds made 
available in this Act may be transferred to the Office from the 
Department of Health and Human Services, or used to carry out any such 
transfer: Provided further, That none of the funds made available in 
this paragraph may be used for any audit, investigation, or review of 
the Medicare program.

                    United States Institute of Peace

                           operating expenses

      For necessary expenses of the United States Institute of Peace as 
authorized in the United States Institute of Peace Act, $11,160,000.

                       TITLE V--GENERAL PROVISIONS

      Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act: Provided, That such transferred balances are used 
for the same purpose, and for the same periods of time, for which they 
were originally appropriated.
      Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
      Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for the 
preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress, except in 
presentation to the Congress itself or any State legislature, except in 
presentation to the Congress or any State legislative body itself.
      (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
      Sec. 504. The Secretaries of Labor and Education are each 
authorized to make available not to exceed $15,000 from funds available 
for salaries and expenses under titles I and III, respectively, for 
official reception and representation expenses; the Director of the 
Federal Mediation and Conciliation Service is authorized to make 
available for official reception and representation expenses not to 
exceed $2,500 from the funds available for ``Salaries and expenses, 
Federal Mediation and Conciliation Service''; and the Chairman of the 
National Mediation Board is authorized to make available for official 
reception and representation expenses not to exceed $2,500 from funds 
available for ``Salaries and expenses, National Mediation Board''.

[[Page 110 STAT. 3009-269]]

      Sec. 505. Notwithstanding any other provision of this Act, no 
funds appropriated under this Act shall be used to carry out any program 
of distributing sterile needles for the hypodermic injection of any 
illegal drug unless the Secretary of Health and Human Services 
determines that such programs are effective in preventing the spread of 
HIV and do not encourage the use of illegal drugs.
      Sec. 506. (a) Purchase of American-Made Equipment and Products.--
It is the sense of the Congress that, to the greatest extent 
practicable, all equipment and products purchased with funds made 
available in this Act should be American-made.
      (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
      (c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined by a 
court or Federal agency that any person intentionally affixed a label 
bearing a ``Made in America'' inscription, or any inscription with the 
same meaning, to any product sold in or shipped to the United States 
that is not made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made available in 
this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
      Sec. 507. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state (1) the percentage of the total costs of the 
program or project which will be financed with Federal money, (2) the 
dollar amount of Federal funds for the project or program, and (3) 
percentage and dollar amount of the total costs of the project or 
program that will be financed by nongovernmental sources.
      Sec. 508. None of the funds appropriated under this Act shall be 
expended for any abortion except when it is made known to the Federal 
entity or official to which funds are appropriated under this Act that 
such procedure is necessary to save the life of the mother or that the 
pregnancy is the result of an act of rape or incest.
      Sec. 509. <<NOTE: 31 USC 1301 note.>>  Notwithstanding any other 
provision of law--
            (1) no amount may be transferred from an appropriation 
        account for the Departments of Labor, Health and Human Services, 
        and Education except as authorized in this or any subsequent 
        appropriation Act, or in the Act establishing the program or 
        activity for which funds are contained in this Act;
            (2) no department, agency, or other entity, other than the 
        one responsible for administering the program or activity for 
        which an appropriation is made in this Act, may exercise 
        authority for the timing of the obligation and expenditure of 
        such appropriation, or for the purpose for which it is obligated 
        and expended, except to the extent and in the manner otherwise 
        provided in sections 1512 and 1513 of title 31, United States 
        Code; and

[[Page 110 STAT. 3009-270]]

            (3) no funds provided under this Act shall be available for 
        the salary (or any part thereof) of an employee who is 
        reassigned on a temporary detail basis to another position in 
        the employing agency or department or in any other agency or 
        department, unless the detail is independently approved by the 
        head of the employing department or agency.
      Sec. 510. None of the funds made available in this Act may be used 
for the expenses of an electronic benefit transfer (EBT) task force.
      Sec. 511. None of the funds made available in this Act may be used 
to enforce the requirements of section 428(b)(1)(U)(iii) of the Higher 
Education Act of 1965 with respect to any lender when it is made known 
to the Federal official having authority to obligate or expend such 
funds
that the lender has a loan portfolio under part B of title IV of such 
Act that is equal to or less than $5,000,000.
      Sec. 512. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.208(a)(2) and section 498(b) of the Public 
        Health Service Act (42 U.S.C. 289g(b)).
      (b) For purposes of this section, the term ``human embryo or 
embryos'' include any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes.
      Sec. 513. (a) Limitation on Use of Funds for Promotion of 
Legalization of Controlled Substances.--None of the funds made available 
in this Act may be used for any activity when it is made known to the 
Federal official having authority to obligate or expend such funds that 
the activity promotes the legalization of any drug or other substance 
included in schedule I of the schedules of controlled substances 
established by section 202 of the Controlled Substances Act (21 U.S.C. 
812).
      (b) Exceptions.--The limitation in subsection (a) shall not apply 
when it is made known to the Federal official having authority to 
obligate or expend such funds that there is significant medical evidence 
of a therapeutic advantage to the use of such drug or other substance or 
that Federally-sponsored clinical trials are being conducted to 
determine therapeutic advantage.
      Sec. 514. (a) Denial of <<NOTE: 10 USC 503 note.>>  Funds for 
Preventing ROTC Access to Campus.--None of the funds made available in 
this or any other Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act for any fiscal year 
may be provided by contract or by grant (including a grant of funds to 
be available for student aid) to a covered educational entity if the 
Secretary of Defense determines that the covered educational entity has 
a policy or practice (regardless of when implemented) that either 
prohibits, or in effect prevents--
            (1) the maintaining, establishing, or operation of a unit of 
        the Senior Reserve Officer Training Corps (in accordance with 
        section 654 of title 10, United States Code, and other 
        applicable Federal laws) at the covered educational entity; or

[[Page 110 STAT. 3009-271]]

            (2) a student at the covered educational entity from 
        enrolling in a unit of the Senior Reserve Officer Training Corps 
        at another institution of higher education.
      (b) Denial of Funds for Preventing Federal Military Recruiting on 
Campus.--None of the funds made available in this or any other 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies Appropriations Act for any fiscal year may be provided 
by contract or by grant (including a grant of funds to be available for 
student aid) to a covered educational entity if the Secretary of Defense 
determines that the covered educational entity has a policy or practice 
(regardless of when implemented) that either prohibits, or in effect 
prevents--
            (1) entry to campuses, or access to students (who are 17 
        years of age or older) on campuses, for purposes of Federal 
        military recruiting; or
            (2) access by military recruiters for purposes of Federal 
        military recruiting to the following information pertaining to 
        students (who are 17 years of age or older) enrolled at the 
        covered educational entity:
                    (A) student names, addresses, and telephone 
                listings; and
                    (B) if known, student ages, levels of education, and 
                majors.
      (c) Exceptions.--The limitation established in subsection (a) or 
(b) shall not apply to a covered educational entity if the Secretary of 
Defense determines that--
            (1) the covered educational entity has ceased the policy or 
        practice described in such subsection;
            (2) the institution of higher education involved has a 
        longstanding policy of pacifism based on historical religious 
        affiliation; or
            (3) the institution of higher education involved is 
        prohibited by the law of any State, or by the order of any State 
        court, from allowing Senior Reserve Officer Training Corps 
        activities or Federal military recruiting on campus, except that 
        this paragraph shall apply only during the one-year period 
        beginning on the effective date of this section.
      (d) Notice of Determinations.--Whenever the Secretary of Defense 
makes a determination under subsection (a), (b), or (c), the Secretary--
            (1) shall transmit a notice of the determination to the 
        Secretary of Education and to the Congress; and
            (2) shall publish in the Federal Register a notice of the 
        determination and the effect of the determination on the 
        eligibility of the covered educational entity for contracts and 
        grants.
      (e) Semiannual Notice in Federal Register.--The Secretary of 
Defense shall publish in the Federal Register once every 6 months a list 
of each covered educational entity that is currently ineligible for 
contracts and grants by reason of a determination of the Secretary under 
subsection (a) or (b).
      (f) Covered Educational Entity.--For purposes of this section, the 
term ``covered educational entity'' means an institution of higher 
education, or a subelement of an institution of higher education.
      (g) Effective Date.--This section shall take effect upon the 
expiration of the 180-day period beginning on the date of the enactment 
of this Act, by which date the Secretary of Defense shall

[[Page 110 STAT. 3009-272]]

have published final regulations in consultation with the Secretary of 
Education to carry out this section.
      Sec. 515. (a) Technical Amendment to Other ROTC and Military 
Recruiting Provisions.--Sections 508 and 509 of the Energy and Water 
Development Appropriations Act, 1997, are amended by striking ``when it 
is made known to the Federal official having authority to obligate or 
expend such funds'' each place it appears and inserting ``if the 
Secretary of Defense determines''.
      (b) Effective Date.--Sections 508 and 509 of the Energy and Water 
Development Appropriations Act, 1997, shall not take effect until the 
expiration of the 180-day period beginning on the date of the enactment 
of this Act, by which date the Secretary of Defense shall have published 
final regulations to carry out such sections (as amended by subsection 
(a)).
      Sec. 516. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
when it is made known to the Federal official having authority to 
obligate or expend such funds that--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in section 4212(d) of 
        title 38, United States Code, regarding submission of an annual 
        report to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such requirement 
        was applicable to such entity.
      Sec. 517. (a) Notwithstanding any provision of the Carl D. Perkins 
Vocational and Applied Technology Act (as such Act was in effect on 
September 24, 1990), a State shall be deemed to have met the 
requirements of section 503 of such Act with respect to decisions 
appealed by applications filed on April 30, 1993 and October 29, 1993 
under section 452(b) of the General Education Provisions Act.
      (b) Subsection (a) shall take effect on October 1, 1996.
      Sec. 518. None of the funds appropriated in this Act may be made 
available to any entity under title X of the Public Health Service Act 
unless it is made known to the Federal official having authority to 
obligate or expend such funds that the applicant for the award certifies 
to the Secretary that it encourages family participation in the decision 
of the minor to seek family planning services.
      Sec. 519. Of the budgetary resources available to agencies in this 
Act for salaries and expenses during fiscal year 1997, $30,500,000, to 
be allocated by the Office of Management and Budget, are permanently 
canceled: Provided, That the foregoing provision shall not apply to the 
Food and Drug Administration and the Indian Health Service: Provided 
further, That amounts available in this Act for congressional and 
legislative affairs, public affairs, and intergovernmental affairs 
activities are hereby reduced by $2,000,000.
      Sec. <<NOTE: 5 USC 5597 note.>>  520. Voluntary Separation 
Incentives for Employees of Certain Federal Agencies.--(a) 
Definitions.--For the purposes of this section--
            (1) the term ``agency'' means the Railroad Retirement Board 
        and the Office of Inspector General of the Railroad Retirement 
        Board;

[[Page 110 STAT. 3009-273]]

            (2) the term ``employee'' means an employee (as defined by 
        section 2105 of title 5, United States Code) who is employed by 
        an agency, is serving under an appointment without time 
        limitation, and has been currently employed for a continuous 
        period of at least 3 years, but does not include--
                    (A) a reemployed annuitant under subchapter III of 
                chapter 83 or chapter 84 of title 5, United States Code, 
                or another retirement system for employees of the 
                agency;
                    (B) an employee having a disability on the basis of 
                which such employee is or would be eligible for 
                disability retirement under subchapter III of chapter 83 
                or chapter 84 of title 5, United States Code, or another 
                retirement system for employees of the agency;
                    (C) an employee who is in receipt of a specific 
                notice of involuntary separation for misconduct or 
                unacceptable performance;
                    (D) an employee who, upon completing an additional 
                period of service as referred to in section 
                3(b)(2)(B)(ii) of the Federal Workforce Restructuring 
                Act of 1994 (5 U.S.C. 5597 note), would qualify for a 
                voluntary separation incentive payment under section 3 
                of such Act;
                    (E) an employee who has previously received any 
                voluntary separation incentive payment by the Federal 
                Government under this section or any other authority and 
                has not repaid such payment;
                    (F) an employee covered by statutory reemployment 
                rights who is on transfer to another organization; or
                    (G) any employee who, during the twenty-four-month 
                period preceding the date of separation, has received a 
                recruitment or relocation bonus under section 5753 of 
                title 5, United States Code, or who, within the twelve-
                month period preceding the date of separation, received 
                a retention allowance under section 5754 of title 5, 
                United States Code.
      (b) Agency Strategic Plan.--
            (1) In general.--The three-member Railroad Retirement Board, 
        prior to obligating any resources for voluntary separation 
        incentive payments, shall submit to the House and Senate 
        Committees on Appropriations and the Committee on Governmental 
        Affairs of the Senate and the Committee on Government Reform and 
        Oversight of the House of Representatives a strategic plan 
        outlining the intended use of such incentive payments and a 
        proposed organizational chart for the agency once such incentive 
        payments have been completed.
            (2) Contents.--The agency's plan shall include--
                    (A) the positions and functions to be reduced or 
                eliminated, identified by organizational unit, 
                geographic location, occupational category and grade 
                level;
                    (B) the number and amounts of voluntary separation 
                incentive payments to be offered; and
                    (C) a description of how the agency will operate 
                without the eliminated positions and functions.
      (c) Authority To Provide Voluntary Separation Incentive 
Payments.--
            (1) In general.--A voluntary separation incentive payment 
        under this section may be paid by an agency to any employee only 
        to the extent necessary to eliminate the positions and functions 
        identified by the strategic plan.

[[Page 110 STAT. 3009-274]]

            (2) Amount and treatment of payments.--A voluntary 
        separation incentive payment--
                    (A) shall be paid in a lump sum after the employee's 
                separation;
                    (B) shall be paid from appropriations or funds 
                available for the payment of the basic pay of the 
                employees;
                    (C) shall be equal to the lesser of--
                          (i) an amount equal to the amount the employee 
                      would be entitled to receive under section 5595(c) 
                      of title 5, United States Code; or
                          (ii) an amount determined by the agency head 
                      not to exceed $25,000;
                    (D) may not be made except in the case of any 
                qualifying employee who voluntarily separates (whether 
                by retirement or resignation) before September 30, 1997;
                    (E) shall not be a basis for payment, and shall not 
                be included in the computation, of any other type of 
                Government benefit; and
                    (F) shall not be taken into account in determining 
                the amount of any severance pay to which the employee 
                may be entitled under section 5595 of title 5, United 
                States Code, based on any other separation.
      (d) Additional Agency Contributions to the Retirement Fund.--
            (1) In general.--In addition to any other payments which it 
        is required to make under subchapter III of chapter 83 of title 
        5, United States Code, an agency shall remit to the Office of 
        Personnel Management for deposit in the Treasury of the United 
        States to the credit of the Civil Service Retirement and 
        Disability Fund an amount equal to 15 percent of the final basic 
        pay of each employee of the agency who is covered under 
        subchapter III of chapter 83 or chapter 84 of title 5, United 
        States Code, to whom a voluntary separation incentive has been 
        paid under this section.
            2) Definition.--For the purpose of paragraph (1), the term 
        ``final basic pay'', with respect to an employee, means the 
        total amount of basic pay which would be payable for a year of 
        service by such employee, computed using the employee's final 
        rate of basic pay, and, if last serving on
other than a full-time basis, with appropriate adjustment therefor.
      e) Effect of Subsequent Employment With the Government.--An 
individual who has received a voluntary separation incentive payment 
under this section and accepts any employment for compensation with the 
Government of the United States, or who works for any agency of the 
United States Government through a personal services contract, within 5 
years after the date of the separation on which the payment is based 
shall be required to pay, prior to the individual's first day of 
employment, the entire amount of the incentive payment to the agency 
that paid the incentive payment.
      (f) Reduction of Agency Employment Levels.--
            (1) In general.--The total number of funded employee 
        positions in the agency shall be reduced by one position for 
        each vacancy created by the separation of any employee who

[[Page 110 STAT. 3009-275]]

        has received, or is due to receive, a voluntary separation 
        incentive payment under this section. For the purposes of this 
        subsection, positions shall be counted on a full-time-equivalent 
        basis.
            (2) Enforcement.--The President, through the Office of 
        Management and Budget, shall monitor the agency and take any 
        action necessary to ensure that the requirements of this 
        subsection are met.
      (g) Effective Date.--This section shall take effect October 1, 
1996.
      Sec. 521. Correction of Effective Date.--Effective on the day 
after the date of enactment of the Health Centers Consolidation Act of 
1996, section 5 of that Act <<NOTE: 42 USC 233 note.>>  is amended by 
striking ``October 1, 1997'' and inserting ``October 1, 1996''.

  TITLE VI--REORGANIZATION <<NOTE: Student Loan Marketing Association 
  Reorganization Act of 1996. 20 USC 1001 note.>> AND PRIVATIZATION OF 
SALLIE MAE AND CONNIE LEE

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Student Loan Marketing Association 
Reorganization Act of 1996''.

SEC. 602. REORGANIZATION OF THE STUDENT LOAN MARKETING ASSOCIATION 
            THROUGH THE FORMATION OF A HOLDING COMPANY.

    (a) Amendment.--Part B of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1071 et seq.) is amended by inserting after section 439 
(20 U.S.C. 1087-2) the following new section:

``SEC. 440. REORGANIZATION OF <<NOTE: 20 USC 1087-3.>>  THE STUDENT LOAN 
            MARKETING ASSOCIATION THROUGH THE FORMATION OF A HOLDING 
            COMPANY.

    ``(a) Actions by the Association's Board of Directors.--The Board of 
Directors of the Association shall take or cause to be taken all such 
action as the Board of Directors deems necessary or appropriate to 
effect, upon the shareholder approval described in subsection (b), a 
restructuring of the common stock ownership of the Association, as set 
forth in a plan of reorganization adopted by the Board of Directors (the 
terms of which shall be consistent with this section) so that all of the 
outstanding common shares of the Association shall be directly owned by 
a Holding Company. Such actions may include, in the Board of Director's 
discretion, a merger of a wholly owned subsidiary of the Holding Company 
with and into the Association, which would have the effect provided in 
the plan of reorganization and the law of the jurisdiction in which such 
subsidiary is incorporated. As part of the restructuring, the Board of 
Directors may cause--
            ``(1) the common shares of the Association to be converted, 
        on the reorganization effective date, to common shares of the 
        Holding Company on a one for one basis, consistent with 
        applicable State or District of Columbia law; and
            ``(2) Holding Company common shares to be registered with 
        the Securities and Exchange Commission.

    ``(b) Shareholder Approval.--The plan of reorganization adopted by 
the Board of Directors pursuant to subsection (a) shall be submitted to 
common shareholders of the Association for their approval. The 
reorganization shall occur on the reorganization effective date, 
provided that the plan of reorganization has been

[[Page 110 STAT. 3009-276]]

approved by the affirmative votes, cast in person or by proxy, of the 
holders of a majority of the issued and outstanding shares of the 
Association common stock.
    ``(c) Transition.--In the event the shareholders of the Association 
approve the plan of reorganization under subsection (b), the following 
provisions shall apply beginning on the reorganization effective date:
            ``(1) In general.--Except as specifically provided in this 
        section, until the dissolution date the Association shall 
        continue to have all of the rights, privileges and obligations 
        set forth in, and shall be subject to all of the limitations and 
        restrictions of, section 439, and the Association shall continue 
        to carry out the purposes of such section. The Holding Company 
        and any subsidiary of the Holding Company (other than the 
        Association) shall not be entitled to any of the rights, 
        privileges, and obligations, and shall not be subject to the 
        limitations and restrictions, applicable to the Association 
        under section 439, except as specifically provided in this 
        section. The Holding Company and any subsidiary of the Holding 
        Company (other than the Association or a subsidiary of the 
        Association) shall not purchase loans insured under this Act 
        until such time as the Association ceases acquiring such loans, 
        except that the Holding Company may purchase such loans if the 
        Association is merely continuing to acquire loans as a lender of 
        last resort pursuant to section 439(q) or under an agreement 
        with the Secretary described in paragraph (6).
            ``(2) Transfer of certain property.--
                    ``(A) In general.--Except as provided in this 
                section, on the reorganization effective date or as soon 
                as practicable thereafter, the Association shall use the 
                Association's best efforts to transfer to the Holding 
                Company or any subsidiary of the Holding Company (or 
                both), as directed by the Holding Company, all real and 
                personal property of the Association (both tangible and 
                intangible) other than the remaining property. Subject 
                to the preceding sentence, such transferred property 
                shall include all right, title, and interest in--
                          ``(i) direct or indirect subsidiaries of the 
                      Association (excluding special purpose funding 
                      companies in existence on the date of enactment of 
                      this section and any interest in any government-
                      sponsored enterprise);
                          ``(ii) contracts, leases, and other agreements 
                      of the Association;
                          ``(iii) licenses and other intellectual 
                      property of the Association; and
                          ``(iv) any other property of the Association.
                    ``(B) Construction.--Nothing in this paragraph shall 
                be construed to prohibit the Association from 
                transferring remaining property from time to time to the 
                Holding Company or any subsidiary of the Holding 
                Company, subject to the provisions of paragraph (4).
            ``(3) Transfer of personnel.--On the reorganization 
        effective date, employees of the Association shall become 
        employees of the Holding Company (or any subsidiary of the 
        Holding Company), and the Holding Company (or any subsidiary of 
        the Holding Company) shall provide all necessary and appropriate 
        management and operational support (including loan

[[Page 110 STAT. 3009-277]]

        servicing) to the Association, as requested by the Association. 
        The Association, however, may obtain such management and 
        operational support from persons or entities not associated with 
        the Holding Company.
            ``(4) Dividends.--The Association may pay dividends in the 
        form of cash or noncash distributions so long as at the time of 
        the declaration of such dividends, after giving effect to the 
        payment of such dividends as of the date of such declaration by 
        the Board of Directors of the Association, the Association's 
        capital would be in compliance with the capital standards and 
        requirements set forth in section 439(r). If, at any time after 
        the reorganization effective date, the Association fails to 
        comply with such capital standards, the Holding Company shall 
        transfer with due diligence to the Association additional 
        capital in such amounts as are necessary to ensure that the 
        Association again complies with the capital standards.
            ``(5) Certification prior to dividend.--Prior to the payment 
        of any dividend under paragraph (4), the Association shall 
        certify to the Secretary of the Treasury that the payment of the 
        dividend will be made in compliance with paragraph (4) and shall 
        provide copies of all calculations needed to make such 
        certification.
            ``(6) Restrictions on new business activity or acquisition 
        of assets by association.--
                    ``(A) In general.--After the reorganization 
                effective date, the Association shall not engage in any 
                new business activities or acquire any additional 
                program assets described in section 439(d) other than in 
                connection with--
                          ``(i) student loan purchases through September 
                      30, 2007;
                          ``(ii) contractual commitments for future 
                      warehousing advances, or pursuant to letters of 
                      credit or standby bond purchase agreements, which 
                      are outstanding as of the reorganization effective 
                      date;
                          ``(iii) the Association serving as a lender-
                      of-last-resort pursuant to section 439(q); and
                          ``(iv) the Association's purchase of loans 
                      insured under this part, if the Secretary, with 
                      the approval of the Secretary of the Treasury, 
                      enters into an agreement with the Association for 
                      the continuation or resumption of the 
                      Association's secondary market purchase program 
                      because the Secretary determines there is 
                      inadequate liquidity for loans made under this 
                      part.
                    ``(B) Agreement.--The Secretary is authorized to 
                enter into an agreement described in clause (iv) of 
                subparagraph (A) with the Association covering such 
                secondary market activities. Any agreement entered into 
                under such clause shall cover a period of 12 months, but 
                may be renewed if the Secretary determines that 
                liquidity remains inadequate. The fee provided under 
                section 439(h)(7) shall not apply to loans acquired 
                under any such agreement with the Secretary.
            ``(7) Issuance of debt obligations during the transition 
        period; attributes of debt obligations.--After the 
        reorganization effective date, the Association shall not issue 
        debt obligations which mature later than September 30, 2008, 
        except in connection with serving as a lender-of-last-resort

[[Page 110 STAT. 3009-278]]

        pursuant to section 439(q) or with purchasing loans under an 
        agreement with the Secretary as described in paragraph (6). 
        Nothing in this section shall modify the attributes accorded the 
        debt obligations of the Association by section 439, regardless 
        of whether such debt obligations are incurred prior to, or at 
        any time following, the reorganization effective date or are 
        transferred to a trust in accordance with subsection (d).
            ``(8) Monitoring of safety and soundness.--
                    ``(A) Obligation to obtain, maintain, and report 
                information.--The Association shall obtain such 
                information and make and keep such records as the 
                Secretary of the Treasury may from time to time 
                prescribe concerning--
                          ``(i) the financial risk to the Association 
                      resulting from the activities of any associated 
                      person, to the extent such activities are 
                      reasonably likely to have a material impact on the 
                      financial condition of the Association, including 
                      the Association's capital ratio, the Association's 
                      liquidity, or the Association's ability to conduct 
                      and finance the Association's operations; and
                          ``(ii) the Association's policies, procedures, 
                      and systems for monitoring and controlling any 
                      such financial risk.
                    ``(B) Summary reports.--The Secretary of the 
                Treasury may require summary reports of the information 
                described in subparagraph (A) to be filed no more 
                frequently than quarterly. If, as a result of adverse 
                market conditions or based on reports provided pursuant 
                to this subparagraph or other available information, the 
                Secretary of the Treasury has concerns regarding the 
                financial or operational condition of the Association, 
                the Secretary of the Treasury may, notwithstanding the 
                preceding sentence and subparagraph (A), require the 
                Association to make reports concerning the activities of 
                any associated person whose business activities are 
                reasonably likely to have a material impact on the 
                financial or operational condition of the Association.
                    ``(C) Separate operation of corporations.--
                          ``(i) In general.--The funds and assets of the 
                      Association shall at all times be maintained 
                      separately from the funds and assets of the 
                      Holding Company or any subsidiary of the Holding 
                      Company and may be used by the Association solely 
                      to carry out the Association's purposes and to 
                      fulfill the Association's obligations.
                          ``(ii) Books and records.--The Association 
                      shall maintain books and records that clearly 
                      reflect the assets and liabilities of the 
                      Association, separate from the assets and 
                      liabilities of the Holding Company or any 
                      subsidiary of the Holding Company.
                          ``(iii) Corporate office.--The Association 
                      shall maintain a corporate office that is 
                      physically separate from any office of the Holding 
                      Company or any subsidiary of the Holding Company.
                          ``(iv) Director.--No director of the 
                      Association who is appointed by the President 
                      pursuant to section

[[Page 110 STAT. 3009-279]]

                      439(c)(1)(A) may serve as a director of the 
                      Holding Company.
                          ``(v) One officer requirement.--At least one 
                      officer of the Association shall be an officer 
                      solely of the Association.
                          ``(vi) Transactions.--Transactions between the 
                      Association and the Holding Company or any 
                      subsidiary of the Holding Company, including any 
                      loan servicing arrangements, shall be on terms no 
                      less favorable to the Association than the 
                      Association could obtain from an unrelated third 
                      party offering comparable services.
                          ``(vii) Credit prohibition.--The Association 
                      shall not extend credit to the Holding Company or 
                      any subsidiary of the Holding Company nor 
                      guarantee or provide any credit enhancement to any 
                      debt obligations of the Holding Company or any 
                      subsidiary of the Holding Company.
                          ``(viii) Amounts collected.--Any amounts 
                      collected on behalf of the Association by the 
                      Holding Company or any subsidiary of the Holding 
                      Company with respect to the assets of the 
                      Association, pursuant to a servicing contract or 
                      other arrangement between the Association and the 
                      Holding Company or any subsidiary of the Holding 
                      Company, shall be collected solely for the benefit 
                      of the Association and shall be immediately 
                      deposited by the Holding Company or such 
                      subsidiary to an account under the sole control of 
                      the Association.
                    ``(D) Encumbrance of assets.--Notwithstanding any 
                Federal or State law, rule, or regulation, or legal or 
                equitable principle, doctrine, or theory to the 
                contrary, under no circumstances shall the assets of the 
                Association be available or used to pay claims or debts 
                of or incurred by the Holding Company. Nothing in this 
                subparagraph shall be construed to limit the right of 
                the Association to pay dividends not otherwise 
                prohibited under this subparagraph or to limit any 
                liability of the Holding Company explicitly provided for 
                in this section.
                    ``(E) Holding company activities.--After the 
                reorganization effective date and prior to the 
                dissolution date, all business activities of the Holding 
                Company shall be conducted through subsidiaries of the 
                Holding Company.
                    ``(F) Confidentiality.--Any information provided by 
                the Association pursuant to this section shall be 
                subject to the same confidentiality obligations 
                contained in section 439(r)(12).
                    ``(G) Definition.--For purposes of this paragraph, 
                the term `associated person' means any person, other 
                than a natural person, who is directly or indirectly 
                controlling, controlled by, or under common control 
                with, the Association.
            ``(9) Issuance of stock warrants.--
                    ``(A) In general.--On the reorganization effective 
                date, the Holding Company shall issue to the District of 
                Columbia Financial Responsibility and Management 
                Assistance Authority a number of stock warrants that is 
                equal to

[[Page 110 STAT. 3009-280]]

                one percent of the outstanding shares of the 
                Association, determined as of the last day of the fiscal 
                quarter preceding the date of enactment of this section, 
                with each stock warrant entitling the holder of the 
                stock warrant to purchase from the Holding Company one 
                share of the registered common stock of the Holding 
                Company or the Holding Company's successors or assigns, 
                at any time on or before September 30, 2008. The 
                exercise price for such warrants shall be an amount 
                equal to the average closing price of the common stock 
                of the Association for the 20 business days prior to the 
                date of enactment of this section on the exchange or 
                market which is then the primary exchange or market for 
                the common stock of the Association. The number of 
                shares of Holding Company common stock subject to each 
                stock warrant and the exercise price of each stock 
                warrant shall be adjusted as necessary to reflect--
                          ``(i) the conversion of Association common 
                      stock into Holding Company common stock as part of 
                      the plan of reorganization approved by the 
                      Association's shareholders; and
                          ``(ii) any issuance or sale of stock 
                      (including issuance or sale of treasury stock), 
                      stock split, recapitalization, reorganization, or 
                      other corporate event, if agreed to by the 
                      Secretary of the Treasury and the Association.
                    ``(B) Authority to sell or exercise stock warrants; 
                deposit of proceeds.--The District of Columbia Financial 
                Responsibility and Management Assistance Authority is 
                authorized to sell or exercise the stock warrants 
                described in subparagraph (A). The District of Columbia 
                Financial Responsibility and Management Assistance 
                Authority shall deposit into the account established 
                under section 3(e) of the Student Loan Marketing 
                Association Reorganization Act of 1996 amounts collected 
                from the sale and proceeds resulting from the exercise 
                of the stock warrants pursuant to this subparagraph.
            ``(10) Restrictions on transfer of association shares and 
        bankruptcy of association.--After the reorganization effective 
        date, the Holding Company shall not sell, pledge, or otherwise 
        transfer the outstanding shares of the Association, or agree to 
        or cause the liquidation of the Association or cause the 
        Association to file a petition for bankruptcy under title 11, 
        United States Code, without prior approval of the Secretary of 
        the Treasury and the Secretary of Education.

    ``(d) Termination of the Association.--In the event the shareholders 
of the Association approve a plan of reorganization under subsection 
(b), the Association shall dissolve, and the Association's separate 
existence shall terminate on September 30, 2008, after discharge of all 
outstanding debt obligations and liquidation pursuant to this 
subsection. The Association may dissolve pursuant to this subsection 
prior to such date by notifying the Secretary of Education and the 
Secretary of the Treasury of the Association's intention to dissolve, 
unless within 60 days after receipt of such notice the Secretary of 
Education notifies the Association that the Association continues to be 
needed to serve as a lender of last resort pursuant to section 439(q) or 
continues to be needed to purchase loans under an agreement with the 
Secretary described

[[Page 110 STAT. 3009-281]]

in subsection (c)(6). On the dissolution date, the Association shall 
take the following actions:
            ``(1) Establishment of a trust.--The Association shall, 
        under the terms of an irrevocable trust agreement that is in 
        form and substance satisfactory to the Secretary of the 
        Treasury, the Association and the appointed trustee, irrevocably 
        transfer all remaining obligations of the Association to the 
        trust and irrevocably deposit or cause to be deposited into such 
        trust, to be held as trust funds solely for the benefit of 
        holders of the remaining obligations, money or direct 
        noncallable obligations of the United States or any agency 
        thereof for which payment the full faith and credit of the 
        United States is pledged, maturing as to principal and interest 
        in such amounts and at such times as are determined by the 
        Secretary of the Treasury to be sufficient, without 
        consideration of any significant reinvestment of such interest, 
        to pay the principal of, and interest on, the remaining 
        obligations in accordance with their terms. To the extent the 
        Association cannot provide money or qualifying obligations in 
        the amount required, the Holding Company shall be required to 
        transfer money or qualifying obligations to the trust in the 
        amount necessary to prevent any deficiency.
            ``(2) Use of trust assets.--All money, obligations, or 
        financial assets deposited into the trust pursuant to this 
        subsection shall be applied by the trustee to the payment of the 
        remaining obligations assumed by the trust.
            ``(3) Obligations not transferred to the trust.--The 
        Association shall make proper provision for all other 
        obligations of the Association not transferred to the trust, 
        including the repurchase or redemption, or the making of proper 
        provision for the repurchase or redemption, of any preferred 
        stock of the Association outstanding. Any obligations of the 
        Association which cannot be fully satisfied shall become 
        liabilities of the Holding Company as of the date of 
        dissolution.
            ``(4) Transfer of remaining assets.--After compliance with 
        paragraphs (1) and (3), any remaining assets of the trust shall 
        be transferred to the Holding Company or any subsidiary of the 
        Holding Company, as directed by the Holding Company.

    ``(e) Operation of the Holding Company.--In the event the 
shareholders of the Association approve the plan of reorganization under 
subsection (b), the following provisions shall apply beginning on the 
reorganization effective date:
            ``(1) Holding company board of directors.--The number of 
        members and composition of the Board of Directors of the Holding 
        Company shall be determined as set forth in the Holding 
        Company's charter or like instrument (as amended from time to 
        time) or bylaws (as amended from time to time) and as permitted 
        under the laws of the jurisdiction of the Holding Company's 
        incorporation.
            ``(2) Holding company name.--The names of the Holding 
        Company and any subsidiary of the Holding Company (other than 
        the Association)--
                    ``(A) may not contain the name `Student Loan 
                Marketing Association'; and
                    ``(B) may contain, to the extent permitted by 
                applicable State or District of Columbia law, `Sallie 
                Mae' or variations thereof, or such other names as the 
                Board of Directors

[[Page 110 STAT. 3009-282]]

                of the Association or the Holding Company deems 
                appropriate.
            ``(3) Use of sallie mae name.--Subject to paragraph (2), the 
        Association may assign to the Holding Company, or any subsidiary 
        of the Holding Company, the `Sallie Mae' name as a trademark or 
        service mark, except that neither the Holding Company nor any 
        subsidiary of the Holding Company (other than the Association or 
        any subsidiary of the Association) may use the `Sallie Mae' name 
        on, or to identify the issuer of, any debt obligation or other 
        security offered or sold by the Holding Company or any 
        subsidiary of the Holding Company (other than a debt obligation 
        or other security issued to and held by the Holding Company or 
        any subsidiary of the Holding Company). The Association shall 
        remit to the account established under section 3(e) of the 
        Student Loan Marketing Association Reorganization Act of 1996, 
        $5,000,000, within 60 days of the reorganization effective date 
        as compensation for the right to assign the `Sallie Mae' name as 
        a trademark or service mark.
            ``(4) Disclosure required.--Until 3 years after the 
        dissolution date, the Holding Company, and any subsidiary of the 
        Holding Company (other than the Association), shall prominently 
        display--
                    ``(A) in any document offering the Holding Company's 
                securities, a statement that the obligations of the 
                Holding Company and any subsidiary of the Holding 
                Company are not guaranteed by the full faith and credit 
                of the United States; and
                    ``(B) in any advertisement or promotional materials 
                which use the `Sallie Mae' name or mark, a statement 
                that neither the Holding Company nor any subsidiary of 
                the Holding Company is a government-sponsored enterprise 
                or instrumentality of the United States.

    ``(f) Strict Construction.--Except as specifically set forth in this 
section, nothing in this section shall be construed to limit the 
authority of the Association as a federally chartered corporation, or of 
the Holding Company as a State or District of Columbia chartered 
corporation.
    ``(g) Right To Enforce.--The Secretary of Education or the Secretary 
of the Treasury, as appropriate, may request that the Attorney General 
bring an action in the United States District Court for the District of 
Columbia for the enforcement of any provision of this section, or may, 
under the direction or control of the Attorney General, bring such an 
action. Such court shall have jurisdiction and power to order and 
require compliance with this section.
    ``(h) Deadline for Reorganization Effective Date.--This section 
shall be of no further force and effect in the event that the 
reorganization effective date does not occur on or before 18 months 
after the date of enactment of this section.
    ``(i) Definitions.--For purposes of this section:
            ``(1) Association.--The term `Association' means the Student 
        Loan Marketing Association.
            ``(2) Dissolution date.--The term `dissolution date' means 
        September 30, 2008, or such earlier date as the Secretary of 
        Education permits the transfer of remaining obligations in 
        accordance with subsection (d).

[[Page 110 STAT. 3009-283]]

            ``(3) Holding company.--The term `Holding Company' means the 
        new business corporation established pursuant to this section by 
        the Association under the laws of any State of the United States 
        or the District of Columbia for the purposes of the 
        reorganization and restructuring described in subsection (a).
            ``(4) Remaining obligations.--The term `remaining 
        obligations' means the debt obligations of the Association 
        outstanding as of the dissolution date.
            ``(5) Remaining property.--The term `remaining property' 
        means the following assets and liabilities of the Association 
        which are outstanding as of the reorganization effective date:
                    ``(A) Debt obligations issued by the Association.
                    ``(B) Contracts relating to interest rate, currency, 
                or commodity positions or protections.
                    ``(C) Investment securities owned by the 
                Association.
                    ``(D) Any instruments, assets, or agreements 
                described in section 439(d) (including, without 
                limitation, all student loans and agreements relating to 
                the purchase and sale of student loans, forward purchase 
                and lending commitments, warehousing advances, academic 
                facilities obligations, letters of credit, standby bond 
                purchase agreements, liquidity agreements, and student 
                loan revenue bonds or other loans).
                    ``(E) Except as specifically prohibited by this 
                section or section 439, any other nonmaterial assets or 
                liabilities of the Association which the Association's 
                Board of Directors determines to be necessary or 
                appropriate to the Association's operations.
            ``(6) Reorganization.--The term `reorganization' means the 
        restructuring event or events (including any merger event) 
        giving effect to the Holding Company structure described in 
        subsection (a).
            ``(7) Reorganization effective date.--The term 
        `reorganization effective date' means the effective date of the 
        reorganization as determined by the Board of Directors of the 
        Association, which shall not be earlier than the date that 
        shareholder approval is obtained pursuant to subsection (b) and 
        shall not be later than the date that is 18 months after the 
        date of enactment of this section.
            ``(8) Subsidiary.--The term `subsidiary' means one or more 
        direct or indirect subsidiaries.''.

    (b) Technical Amendments.--
            (1) Eligible lender.--
                    (A) Amendments to the higher education act.--
                          (i) Definition of eligible lender.--Section 
                      435(d)(1)(F) of the Higher Education Act of 1965 
                      (20 U.S.C. 1085(d)(1)(F)) is amended by inserting 
                      after ``Student Loan Marketing Association'' the 
                      following: ``or the Holding Company of the Student 
                      Loan Marketing Association, including any 
                      subsidiary of the Holding Company, created 
                      pursuant to section 440,''.
                          (ii) Definition of eligible lender and federal 
                      consolidation loans.--Sections 435(d)(1)(G) and 
                      428C(a)(1)(A) of such Act (20 U.S.C. 1085(d)(1)(G) 
                      and 1078-3(a)(1)(A)) are each amended by inserting 
                      after ``Student Loan Marketing Association'' the 
                      following:

[[Page 110 STAT. 3009-284]]

                      ``or the Holding Company of the Student Loan 
                      Marketing Association, including any subsidiary of 
                      the Holding Company, created pursuant to section 
                      440''.
                    (B) <<NOTE: 20 USC 1078-3 note.>>  Effective date.--
                The amendments made by this paragraph shall take effect 
                on the reorganization effective date as defined in 
                section 440(h) of the Higher Education Act of 1965 (as 
                added by subsection (a)).
            (2) Enforcement of safety and soundness requirements.--
        Section 439(r) of the Higher Education Act of 1965 (20 U.S.C. 
        1087-2(r)) is amended--
                    (A) in the first sentence of paragraph (12), by 
                inserting ``or the Association's associated persons'' 
                after ``by the Association'';
                    (B) by redesignating paragraph (13) as paragraph 
                (15); and
                    (C) by inserting after paragraph (12) the following 
                new paragraph:
            ``(13) Enforcement of safety and soundness requirements.--
        The Secretary of Education or the Secretary of the Treasury, as 
        appropriate, may request that the Attorney General bring an 
        action in the United States District Court for the District of 
        Columbia for the enforcement of any provision of this section, 
        or may, under the direction or control of the Attorney General, 
        bring such an action. Such court shall have jurisdiction and 
        power to order and require compliance with this section.''.
            (3) Financial safety and soundness.--Section 439(r) of the 
        Higher Education Act of 1965 (20 U.S.C. 1087-2(r)) is further 
        amended--
                    (A) in paragraph (1)--
                          (i) by striking ``and'' at the end of 
                      subparagraph (A);
                          (ii) by striking the period at the end of 
                      subparagraph (B) and inserting ``; and''; and
                          (iii) by adding at the end the following new 
                      subparagraph:
                    ``(C)(i) financial statements of the Association 
                within 45 days of the end of each fiscal quarter; and
                    ``(ii) reports setting forth the calculation of the 
                capital ratio of the Association within 45 days of the 
                end of each fiscal quarter.'';
                    (B) in paragraph (2)--
                          (i) by striking clauses (i) and (ii) of 
                      subparagraph (A) and inserting the following:
                    ``(i) appoint auditors or examiners to conduct 
                audits of the Association from time to time to determine 
                the condition of the Association for the purpose of 
                assessing the Association's financial safety and 
                soundness and to determine whether the requirements of 
                this section and section 440 are being met; and
                    ``(ii) obtain the services of such experts as the 
                Secretary of the Treasury determines necessary and 
                appropriate, as authorized by section 3109 of title 5, 
                United States Code, to assist in determining the 
                condition of the Association for the purpose of 
                assessing the Association's financial safety and 
                soundness, and to determine whether the

[[Page 110 STAT. 3009-285]]

                requirements of this section and section 440 are being 
                met.''; and
                          (ii) by adding at the end the following new 
                      subparagraph:
            ``(D) Annual assessment.--
                    ``(i) In general.--For each fiscal year beginning on 
                or after October 1, 1996, the Secretary of the Treasury 
                may establish and collect from the Association an 
                assessment (or assessments) in amounts sufficient to 
                provide for reasonable costs and expenses of carrying 
                out the duties of the Secretary of the Treasury under 
                this section and section 440 during such fiscal year. In 
                no event may the total amount so assessed exceed, for 
                any fiscal year, $800,000, adjusted for each fiscal year 
                ending after September 30, 1997, by the ratio of the 
                Consumer Price Index for All Urban Consumers (issued by 
                the Bureau of Labor Statistics) for the final month of 
                the fiscal year preceding the fiscal year for which the 
                assessment is made to the Consumer Price Index for All 
                Urban Consumers for September 1997.
                    ``(ii) Deposit.--Amounts collected from assessments 
                under this subparagraph shall be deposited in an account 
                within the Treasury of the United States as designated 
                by the Secretary of the Treasury for that purpose. The 
                Secretary of the Treasury is authorized and directed to 
                pay out of any funds available in such account the 
                reasonable costs and expenses of carrying out the duties 
                of the Secretary of the Treasury under this section and 
                section 440. None of the funds deposited into such 
                account shall be available for any purpose other than 
                making payments for such costs and expenses.''; and
                    (C) by inserting after paragraph (13) (as added by 
                paragraph (2)(C)) the following new paragraph:
            ``(14) Actions by secretary.--
                    ``(A) In general.--For any fiscal quarter ending 
                after January 1, 2000, the Association shall have a 
                capital ratio of at least 2.25 percent. The Secretary of 
                the Treasury may, whenever such capital ratio is not 
                met, take any one or more of the actions described in 
                paragraph (7), except that--
                          ``(i) the capital ratio to be restored 
                      pursuant to paragraph (7)(D) shall be 2.25 
                      percent; and
                          ``(ii) if the relevant capital ratio is in 
                      excess of or equal to 2 percent for such quarter, 
                      the Secretary of the Treasury shall defer taking 
                      any of the actions set forth in paragraph (7) 
                      until the next succeeding quarter and may then 
                      proceed with any such action only if the capital 
                      ratio of the Association remains below 2.25 
                      percent.
                    ``(B) Applicability.--The provisions of paragraphs 
                (4), (5), (6), (8), (9), (10), and (11) shall be of no 
                further application to the Association for any period 
                after January 1, 2000.''.
            (4) Information required; dividends.--Section 439(r) of the 
        Higher Education Act of 1965 (20 U.S.C. 1087-2(r)) is further 
        amended--

[[Page 110 STAT. 3009-286]]

                    (A) by adding at the end of paragraph (2) (as 
                amended in paragraph (3)(B)(ii)) the following new 
                subparagraph:
            ``(E) Obligation to obtain, maintain, and report 
        information.--
                    ``(i) In general.--The Association shall obtain such 
                information and make and keep such records as the 
                Secretary of the Treasury may from time to time 
                prescribe concerning--
                          ``(I) the financial risk to the Association 
                      resulting from the activities of any associated 
                      person, to the extent such activities are 
                      reasonably likely to have a material impact on the 
                      financial condition of the Association, including 
                      the Association's capital ratio, the Association's 
                      liquidity, or the Association's ability to conduct 
                      and finance the Association's operations; and
                          ``(II) the Association's policies, procedures, 
                      and systems for monitoring and controlling any 
                      such financial risk.
                    ``(ii) Summary reports.--The Secretary of the 
                Treasury may require summary reports of such information 
                to be filed no more frequently than quarterly. If, as a 
                result of adverse market conditions or based on reports 
                provided pursuant to this subparagraph or other 
                available information, the Secretary of the Treasury has 
                concerns regarding the financial or operational 
                condition of the Association, the Secretary of the 
                Treasury may, notwithstanding the preceding sentence and 
                clause (i), require the Association to make reports 
                concerning the activities of any associated person, 
                whose business activities are reasonably likely to have 
                a material impact on the financial or operational 
                condition of the Association.
                    ``(iii) Definition.--For purposes of this 
                subparagraph, the term `associated person' means any 
                person, other than a natural person, directly or 
                indirectly controlling, controlled by, or under common 
                control with the Association.''; and
                    (B) by adding at the end the following new 
                paragraphs:
            ``(16) Dividends.--The Association may pay dividends in the 
        form of cash or noncash distributions so long as at the time of 
        the declaration of such dividends, after giving effect to the 
        payment of such dividends as of the date of such declaration by 
        the Board of Directors of the Association, the Association's 
        capital would be in compliance with the capital standards set 
        forth in this section.
            ``(17) Certification prior to payment of dividend.--Prior to 
        the payment of any dividend under paragraph (16), the 
        Association shall certify to the Secretary of the Treasury that 
        the payment of the dividend will be made in compliance with 
        paragraph (16) and shall provide copies of all calculations 
        needed to make such certification.''.

    (c) Sunset of the Association's Charter if No Reorganization Plan 
Occurs.--Section 439 of the Higher Education Act of 1965 (20 U.S.C. 
1087-2) is amended by adding at the end the following new subsection:
    ``(s) Charter Sunset.--

[[Page 110 STAT. 3009-287]]

            ``(1) Application of provisions.--This subsection applies 
        beginning 18 months and one day after the date of enactment of 
        this subsection if no reorganization of the Association occurs 
        in accordance with the provisions of section 440.
            ``(2) Sunset plan.--
                    ``(A) Plan submission by the association.--Not later 
                than July 1, 2007, the Association shall submit to the 
                Secretary of the Treasury and to the Chairman and 
                Ranking Member of the Committee on Labor and Human 
                Resources of the Senate and the Chairman and Ranking 
                Member of the Committee on Economic and Educational 
                Opportunities of the House of Representatives, a 
                detailed plan for the orderly winding up, by July 1, 
                2013, of business activities conducted pursuant to the 
                charter set forth in this section. Such plan shall--
                          ``(i) ensure that the Association will have 
                      adequate assets to transfer to a trust, as 
                      provided in this subsection, to ensure full 
                      payment of remaining obligations of the 
                      Association in accordance with the terms of such 
                      obligations;
                          ``(ii) provide that all assets not used to pay 
                      liabilities shall be distributed to shareholders 
                      as provided in this subsection; and
                          ``(iii) provide that the operations of the 
                      Association shall remain separate and distinct 
                      from that of any entity to which the assets of the 
                      Association are transferred.
                    ``(B) Amendment of the plan by the association.--The 
                Association shall from time to time amend such plan to 
                reflect changed circumstances, and submit such 
                amendments to the Secretary of the Treasury and to the 
                Chairman and Ranking Minority Member of the Committee on 
                Labor and Human Resources of the Senate and Chairman and 
                Ranking Minority Member of the Committee on Economic and 
                Educational Opportunities of the House of 
                Representatives. In no case may any amendment extend the 
                date for full implementation of the plan beyond the 
                dissolution date provided in paragraph (3).
                    ``(C) Plan monitoring.--The Secretary of the 
                Treasury shall monitor the Association's compliance with 
                the plan and shall continue to review the plan 
                (including any amendments thereto).
                    ``(D) Amendment of the plan by the secretary of the 
                treasury.--The Secretary of the Treasury may require the 
                Association to amend the plan (including any amendments 
                to the plan), if the Secretary of the Treasury deems 
                such amendments necessary to ensure full payment of all 
                obligations of the Association.
                    ``(E) Implementation by the association.--The 
                Association shall promptly implement the plan (including 
                any amendments to the plan, whether such amendments are 
                made by the Association or are required to be made by 
                the Secretary of the Treasury).
            ``(3) Dissolution of the association.--The Association shall 
        dissolve and the Association's separate existence shall 
        terminate on July 1, 2013, after discharge of all outstanding 
        debt obligations and liquidation pursuant to this subsection.

[[Page 110 STAT. 3009-288]]

        The Association may dissolve pursuant to this subsection prior 
        to such date by notifying the Secretary of Education and the 
        Secretary of the Treasury of the Association's intention to 
        dissolve, unless within 60 days of receipt of such notice the 
        Secretary of Education notifies the Association that the 
        Association continues to be needed to serve as a lender of last 
        resort pursuant to subsection (q) or continues to be needed to 
        purchase loans under an agreement with the Secretary described 
        in paragraph (4)(A). On the dissolution date, the Association 
        shall take the following actions:
                    ``(A) Establishment of a trust.--The Association 
                shall, under the terms of an irrevocable trust agreement 
                in form and substance satisfactory to the Secretary of 
                the Treasury, the Association, and the appointed 
                trustee, irrevocably transfer all remaining obligations 
                of the Association to a trust and irrevocably deposit or 
                cause to be deposited into such trust, to be held as 
                trust funds solely for the benefit of holders of the 
                remaining obligations, money or direct noncallable 
                obligations of the United States or any agency thereof 
                for which payment the full faith and credit of the 
                United States is pledged, maturing as to principal and 
                interest in such amounts and at such times as are 
                determined by the Secretary of the Treasury to be 
                sufficient, without consideration of any significant 
                reinvestment of such interest, to pay the principal of, 
                and interest on, the remaining obligations in accordance 
                with their terms.
                    ``(B) Use of trust assets.--All money, obligations, 
                or financial assets deposited into the trust pursuant to 
                this subsection shall be applied by the trustee to the 
                payment of the remaining obligations assumed by the 
                trust. Upon the fulfillment of the trustee's duties 
                under the trust, any remaining assets of the trust shall 
                be transferred to the persons who, at the time of the 
                dissolution, were the shareholders of the Association, 
                or to the legal successors or assigns of such persons.
                    ``(C) Obligations not transferred to the trust.--The 
                Association shall make proper provision for all other 
                obligations of the Association, including the repurchase 
                or redemption, or the making of proper provision for the 
                repurchase or redemption, of any preferred stock of the 
                Association outstanding.
                    ``(D) Transfer of remaining assets.--After 
                compliance with subparagraphs (A) and (C), the 
                Association shall transfer to the shareholders of the 
                Association any remaining assets of the Association.
            ``(4) Restrictions relating to winding up.--
                    ``(A) Restrictions on new business activity or 
                acquisition of assets by the association.--
                          ``(i) In general.--Beginning on July 1, 2009, 
                      the Association shall not engage in any new 
                      business activities or acquire any additional 
                      program assets (including acquiring assets 
                      pursuant to contractual commitments) described in 
                      subsection (d) other than in connection with the 
                      Association--
                                    ``(I) serving as a lender of last 
                                resort pursuant to subsection (q); and

[[Page 110 STAT. 3009-289]]

                                    ``(II) purchasing loans insured 
                                under this part, if the Secretary, with 
                                the approval of the Secretary of the 
                                Treasury, enters into an agreement with 
                                the Association for the continuation or 
                                resumption of the Association's 
                                secondary market purchase program 
                                because the Secretary determines there 
                                is inadequate liquidity for loans made 
                                under this part.
                          ``(ii) Agreement.--The Secretary is authorized 
                      to enter into an agreement described in subclause 
                      (II) of clause (i) with the Association covering 
                      such secondary market activities. Any agreement 
                      entered into under such subclause shall cover a 
                      period of 12 months, but may be renewed if the 
                      Secretary determines that liquidity remains 
                      inadequate. The fee provided under subsection 
                      (h)(7) shall not apply to loans acquired under any 
                      such agreement with the Secretary.
                    ``(B) Issuance of debt obligations during the wind 
                up period; attributes of debt obligations.--The 
                Association shall not issue debt obligations which 
                mature later than July 1, 2013, except in connection 
                with serving as a lender of last resort pursuant to 
                subsection (q) or with purchasing loans under an 
                agreement with the Secretary as described in 
                subparagraph (A). Nothing in this subsection shall 
                modify the attributes accorded the debt obligations of 
                the Association by this section, regardless of whether 
                such debt obligations are transferred to a trust in 
                accordance with paragraph (3).
                    ``(C) Use of association name.--The Association may 
                not transfer or permit the use of the name `Student Loan 
                Marketing Association', `Sallie Mae', or any variation 
                thereof, to or by any entity other than a subsidiary of 
                the Association.''.

    (d) Repeals.--
            (1) In general.--Sections 439 of the Higher Education Act of 
        1965 (20 U.S.C. 1087-2) and 440 of such Act (as added by 
        subsection (a) of this section) are repealed.
            (2) Effective date.--The repeals <<NOTE: 20 USC 1087-2 
        note.>>  made by paragraph (1) shall be effective one year 
        after--
                    (A) the date on which all of the obligations of the 
                trust established under section 440(d)(1) of the Higher 
                Education Act of 1965 (as added by subsection (a)) have 
                been extinguished, if a reorganization occurs in 
                accordance with section 440 of such Act; or
                    (B) the date on which all of the obligations of the 
                trust established under subsection 439(s)(3)(A) of such 
                Act (as added by subsection (c)) have been extinguished, 
                if a reorganization does not occur in accordance with 
                section 440 of such Act.

    (e) <<NOTE: 20 USC 1087-2 note.>>  Association Names.--Upon 
dissolution in accordance with section 439(s) of the Higher Education 
Act of 1965 (20 U.S.C. 1087-2), the names ``Student Loan Marketing 
Association'', ``Sallie Mae'', and any variations thereof may not be 
used by any entity engaged in any business similar to the business 
conducted pursuant to section 439 of such Act (as such section was in 
effect on the date of enactment of this Act) without the approval of the 
Secretary of the Treasury.

[[Page 110 STAT. 3009-290]]

    (f) <<NOTE: 20 USC 1087-2 note.>>  Right to Enforce.--The Secretary 
of Education or the Secretary of the Treasury, as appropriate, may 
request that the Attorney General bring an action in the United States 
District Court for the District of Columbia for the enforcement of any 
provision of subsection (e), or may, under the direction or control of 
the Attorney General, bring such an action. Such court shall have 
jurisdiction and power to order and require compliance with subsection 
(e).

SEC. 603. CONNIE <<NOTE: 20 USC 1132f-10.>>  LEE PRIVATIZATION.

    (a) Status of the Corporation and Corporate Powers; Obligations Not 
Federally Guaranteed.--
            (1) Status of the corporation.--The Corporation shall not be 
        an agency, instrumentality, or establishment of the United 
        States Government, nor a Government corporation, nor a 
        Government controlled corporation, as such terms are defined in 
        section 103 of title 5, United States Code. No action under 
        section 1491 of title 28, United States Code (commonly known as 
        the Tucker Act) shall be allowable against the United States 
        based on the actions of the Corporation.
            (2) Corporate powers.--The Corporation shall be subject to 
        the provisions of this section, and, to the extent not 
        inconsistent with this section, to the District of Columbia 
        Business Corporation Act (or the comparable law of another 
        State, if applicable). The Corporation shall have the powers 
        conferred upon a corporation by the District of Columbia 
        Business Corporation Act (or such other applicable State law) as 
        from time to time in effect in order to conduct the 
        Corporation's affairs as a private, for-profit corporation and 
        to carry out the Corporation's purposes and activities 
        incidental thereto. The Corporation shall have the power to 
        enter into contracts, to execute instruments, to incur 
        liabilities, to provide products and services, and to do all 
        things as are necessary or incidental to the proper management 
        of the Corporation's affairs and the efficient operation of a 
        private, for-profit business.
            (3) Limitation on ownership of stock.--
                    (A) Student loan marketing association.--The Student 
                Loan Marketing Association shall not increase its share 
                of the ownership of the Corporation in excess of 42 
                percent of the shares of stock of the Corporation 
                outstanding on the date of enactment of this Act. The 
                Student Loan Marketing Association shall not control the 
                operation of the Corporation, except that the Student 
                Loan Marketing Association may participate in the 
                election of directors as a shareholder, and may continue 
                to exercise the Student Loan Marketing Association's 
                right to appoint directors under section 754 of the 
                Higher Education Act of 1965 (20 U.S.C. 1132f-3) as long 
                as that section is in effect.
                    (B) Prohibition.--Until such time as the Secretary 
                of the Treasury sells the stock of the Corporation owned 
                by the Secretary of Education pursuant to subsection 
                (c), the Student Loan Marketing Association shall not 
                provide financial support or guarantees to the 
                Corporation.
                    (C) Financial support or guarantees.--After the 
                Secretary of the Treasury sells the stock of the 
                Corporation owned by the Secretary of Education pursuant 
                to subsection

[[Page 110 STAT. 3009-291]]

                (c), the Student Loan Marketing Association may provide 
                financial support or guarantees to the Corporation, if 
                such support or guarantees are subject to terms and 
                conditions that are no more advantageous to the 
                Corporation than the terms and conditions the Student 
                Loan Marketing Association provides to other entities, 
                including, where applicable, other monoline financial 
                guaranty corporations in which the Student Loan 
                Marketing Association has no ownership interest.
            (4) No federal guarantee.--
                    (A) Obligations insured by the corporation.--
                          (i) Full faith and credit of the united 
                      states.--No obligation that is insured, 
                      guaranteed, or otherwise backed by the Corporation 
                      shall be deemed to be an obligation that is 
                      guaranteed by the full faith and credit of the 
                      United States.
                          (ii) Student loan marketing association.--No 
                      obligation that is insured, guaranteed, or 
                      otherwise backed by the Corporation shall be 
                      deemed to be an obligation that is guaranteed by 
                      the Student Loan Marketing Association.
                          (iii) Special rule.--This paragraph shall not 
                      affect the determination of whether such 
                      obligation is guaranteed for purposes of Federal 
                      income taxes.
                    (B) Securities offered by the corporation.--No debt 
                or equity securities of the Corporation shall be deemed 
                to be guaranteed by the full faith and credit of the 
                United States.
            (5) Definition.--The term ``Corporation'' as used in this 
        section means the College Construction Loan Insurance 
        Association as in existence on the day before the date of 
        enactment of this Act, and any successor corporation.

    (b) Related Privatization Requirements.--
            (1) Notice requirements.--
                    (A) In general.--During the six-year period 
                following the date of enactment of this Act, the 
                Corporation shall include, in each of the Corporation's 
                contracts for the insurance, guarantee, or reinsurance 
                of obligations, and in each document offering debt or 
                equity securities of the Corporation, a prominent 
                statement providing notice that--
                          (i) such obligations or such securities, as 
                      the case may be, are not obligations of the United 
                      States, nor are such obligations or such 
                      securities, as the case may be, guaranteed in any 
                      way by the full faith and credit of the United 
                      States; and
                          (ii) the Corporation is not an instrumentality 
                      of the United States.
                    (B) Additional notice.--During the five-year period 
                following the sale of stock pursuant to subsection 
                (c)(1), in addition to the notice requirements in 
                subparagraph (A), the Corporation shall include, in each 
                of the contracts and documents referred to in such 
                subparagraph, a prominent statement providing notice 
                that the United States is not an investor in the 
                Corporation.
            (2) Corporate charter.--The Corporation's charter shall be 
        amended as necessary and without delay to conform to the 
        requirements of this section.

[[Page 110 STAT. 3009-292]]

            (3) Corporate name.--The name of the Corporation, or of any 
        direct or indirect subsidiary thereof, may not contain the term 
        ``College Construction Loan Insurance Association'', or any 
        substantially similar variation thereof.
            (4) Articles of incorporation.--The Corporation shall amend 
        the Corporation's articles of incorporation without delay to 
        reflect that one of the purposes of the Corporation shall be to 
        guarantee, insure, and reinsure bonds, leases, and other 
        evidences of debt of educational institutions, including 
        Historically Black Colleges and Universities and other academic 
        institutions which are ranked in the lower investment grade 
        category using a nationally recognized credit rating system.
            (5) Requirements until stock sale.--Notwithstanding 
        subsection (d), the requirements of sections 754 and 760 of the 
        Higher Education Act of 1965 (20 U.S.C. 1132f-3 and 1132f-9), as 
        such sections were in effect on the day before the date of 
        enactment of this Act, shall continue to be effective until the 
        day immediately following the date of closing of the purchase of 
        the Secretary of Education's stock (or the date of closing of 
        the final purchase, in the case of multiple transactions) 
        pursuant to subsection (c)(1) of this Act.

    (c) Sale of Federally Owned Stock.--
            (1) Purchase by the corporation.--The Secretary of the 
        Treasury shall sell and the Corporation shall purchase, within 
        90 days after the date of enactment of this Act, the stock of 
        the Corporation held by the Secretary of Education at a price 
        determined by the binding, independent appraisal of a nationally 
        recognized financial firm, except that the 90-day period may be 
        extended by mutual agreement of the Secretary of the Treasury 
        and the Corporation to not more than 150 days after the date of 
        enactment of this Act. The appraiser shall be jointly selected 
        by the Secretary of the Treasury and the Corporation. In the 
        event that the Secretary of the Treasury and the Corporation 
        cannot agree on the appraiser, then the Secretary of the 
        Treasury and the Corporation shall name an independent third 
        party to select the appraiser.
            (2) Reimbursement of costs and expenses of sale.--The 
        Secretary of the Treasury shall be reimbursed from the proceeds 
        of the sale of the stock under this subsection for all 
        reasonable costs and expenses related to such sale, except that 
        one-half of all reasonable costs and expenses relating to the 
        independent appraisal under paragraph (1) shall be borne by the 
        Corporation.
            (3) Deposit into account.--Amounts collected from the sale 
        of stock pursuant to this subsection that are not used to 
        reimburse the Secretary of the Treasury pursuant to paragraph 
        (2) shall be deposited into the account established under 
        subsection (e).
            (4) Assistance by the corporation.--The Corporation shall 
        provide such assistance as the Secretary of the Treasury and the 
        Secretary of Education may require to facilitate the sale of the 
        stock under this subsection.
            (5) Report to congress.--Not later than 6 months after the 
        date of enactment of this Act, the Secretary of the Treasury 
        shall report to the appropriate committees of Congress on the 
        completion and terms of the sale of stock of the Corporation 
        pursuant to this subsection.

[[Page 110 STAT. 3009-293]]

      (d) Repeal of Statutory Restrictions and Related Provisions.--Part 
D of title VII of the Higher Education Act of 1965 (20 U.S.C. 1132f et 
seq.) is repealed.
      (e) Establishment of Account.--
            (1) In general.--Notwithstanding any other provision of law, 
        the District of Columbia Financial Responsibility and Management 
        Assistance Authority shall establish an account to receive--
                    (A) amounts collected from the sale and proceeds 
                resulting from the exercise of stock warrants pursuant 
                to section 440(c)(9) of the Higher Education Act of 
                1965;
                    (B) amounts and proceeds remitted as compensation 
                for the right to assign the ``Sallie Mae'' name as a 
                trademark or service mark pursuant to section 440(e)(3) 
                of the Higher Education Act of 1965; and
                    (C) amounts and proceeds collected from the sale of 
                the stock of the Corporation and deposited pursuant to 
                subsection (c)(3).
            (2) Amounts and Proceeds.--
                    (A) Amounts and proceeds relating to sallie mae.--
                The amounts and proceeds described in subparagraphs (A) 
                and (B) of paragraph (1) shall be used to finance public 
                elementary and secondary school facility construction 
                and repair within the District of Columbia or to carry 
                out the District of Columbia School Reform Act of 1995.
                    (B) Amounts and proceeds relating to connie lee.--
                The amounts and proceeds described in subparagraph (C) 
                of paragraph (1) shall be used to finance public 
                elementary and secondary school facility construction 
                and repair within the District of Columbia.

SEC. 604. DISCRIMINATION IN SECONDARY MARKETS PROHIBITED.

      Part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 
1071 et seq.) is amended by adding after section 440 (as added by 
section 602) the following new section:

``SEC. 440A. DISCRIMINATION IN <<NOTE: 20 USC 1087-4.>> SECONDARY 
            MARKETS PROHIBITED.
      ``The Student Loan Marketing Association (and, if the Association 
is privatized under section 440, any successor entity functioning as a 
secondary market for loans under this part, including the Holding 
Company described in such section) shall not engage directly or 
indirectly in any pattern or practice that results in a denial of a 
borrower's access to loans under this part because of the borrower's 
race, sex, color, religion, national origin, age, disability status, 
income, attendance at a particular eligible institution, length of the 
borrower's educational program, or the borrower's academic year at an 
eligible institution.''.

    TITLE VII--MUSEUM AND <<NOTE: Museum and Library Services Act of 
1996. 20 USC 9101 note.>> LIBRARY SERVICES ACT OF 1996

SECTION 701. SHORT TITLE.

      This title may be cited as the ``Museum and Library Services Act 
of 1996''.

SEC. 702. MUSEUM AND LIBRARY SERVICES.

      The Museum Services Act (20 U.S.C. 961 et seq.) is amended to read 
as follows:

[[Page 110 STAT. 3009-294]]

   ``TITLE II--MUSEUM <<NOTE: Museum and Library Services Act.>> AND 
LIBRARY SERVICES

                    ``Subtitle A--General Provisions

``SEC. 201. <<NOTE: 20 USC 9101 note.>>  SHORT TITLE.
      ``This title may be cited as the `Museum and Library Services 
Act'.

``SEC. 202. <<NOTE: 20 USC 9101.>>  GENERAL DEFINITIONS.
      ``As used in this title:
            ``(1) Commission.--The term `Commission' means the National 
        Commission on Libraries and Information Science established 
        under section 3 of the National Commission on Libraries and 
        Information Sciences Act (20 U.S.C. 1502).
            ``(2) Director.--The term `Director' means the Director of 
        the Institute appointed under section 204.
            ``(3) Institute.--The term `Institute' means the Institute 
        of Museum and Library Services established under section 203.
            ``(4) Museum board.--The term `Museum Board' means the 
        National Museum Services Board established under section 275.

``SEC. 203. <<NOTE: 20 USC 9102.>>  INSTITUTE OF MUSEUM AND LIBRARY 
            SERVICES.
      ``(a) Establishment.--There is established, within the National 
Foundation on the Arts and the Humanities, an Institute of Museum and 
Library Services.
      ``(b) Offices.--The Institute shall consist of an Office of Museum 
Services and an Office of Library Services. There shall be a National 
Museum Services Board in the Office of Museum Services.

``SEC. 204. <<NOTE: 20 USC 9103.>>  DIRECTOR OF THE INSTITUTE.
      ``(a) Appointment.--
            ``(1) In general.--The Institute shall be headed by a 
        Director, appointed by the President, by and with the advice and 
        consent of the Senate.
            ``(2) Term.--The Director shall serve for a term of 4 years.
            ``(3) Qualifications.--Beginning with the first individual 
        appointed to the position of Director after the date of 
        enactment of the Museum and Library Services Act of 1996, every 
        second individual so appointed shall be appointed from among 
        individuals who have special competence with regard to library 
        and information services. Beginning with the second individual 
        appointed to the position of Director after the date of 
        enactment of the Museum and Library Services Act of 1996, every 
        second individual so appointed shall be appointed from among 
        individuals who have special competence with regard to museum 
        services.
      ``(b) Compensation.--The Director may be compensated at the rate 
provided for level III of the Executive Schedule under section 5314 of 
title 5, United States Code.
      ``(c) Duties and Powers.--The Director shall perform such duties 
and exercise such powers as may be prescribed by law, including awarding 
financial assistance for activities described in this title.
      ``(d) Nondelegation.--The Director shall not delegate any of the 
functions of the Director to any person who is not an officer or 
employee of the Institute.

[[Page 110 STAT. 3009-295]]

      ``(e) Coordination.--The  Director  shall ensure  coordination  of 
 the  policies  and activities of  the  Institute  with  the  policies  
and activities of  other  agencies  and  offices  of  the Federal 
Government having interest in and responsibilities for the improvement 
of museums and libraries and information services.

``SEC. 205. <<NOTE: 20 USC 9104.>>  DEPUTY DIRECTORS.
      ``The Office of Library Services shall be headed by a Deputy 
Director, who shall be appointed by the Director from among individuals 
who have a graduate degree in library science and expertise in library 
and information services. The Office of Museum Services shall be headed 
by a Deputy Director, who shall be appointed by the Director from among 
individuals who have expertise in museum services.

``SEC. 206. <<NOTE: 20 USC 9105.>>  PERSONNEL.
      ``(a) In General.--The Director may, in accordance with applicable 
provisions of title 5, United States Code, appoint and determine the 
compensation of such employees as the Director determines to be 
necessary to carry out the duties of the Institute.
      ``(b) Voluntary Services.--The Director may accept and utilize the 
voluntary services of individuals and reimburse the individuals for 
travel expenses, including per diem in lieu of subsistence, in the same 
amounts and to the same extent as authorized under section 5703 of title 
5, United States Code, for persons employed intermittently in Federal 
Government service.

``SEC. 207. <<NOTE: 20 USC 9106.>>  CONTRIBUTIONS.
      ``The Institute is authorized to solicit, accept, receive, and 
invest in the name of the United States, gifts, bequests, or devises of 
money and other property or services and to use such property or 
services in furtherance of the functions of the Institute. Any proceeds 
from such gifts, bequests, or devises, after acceptance by the 
Institute, shall be paid by the donor or the representative of the donor 
to the Director. The Director shall enter the proceeds in a special-
interest bearing account to the credit of the Institute for the purposes 
specified in each case.

 ``Subtitle B--Library <<NOTE: Library Services and Technology Act. 20 
USC 9101 note.>> Services and Technology

``SEC. 211. SHORT TITLE.

      ``This subtitle may be cited as the `Library Services and 
Technology Act'.

``SEC. 212. <<NOTE: 20 USC 9121.>> PURPOSE.
      ``It is the purpose of this subtitle--
            ``(1) to consolidate Federal library service programs;
            ``(2) to stimulate excellence and promote access to learning 
        and information resources in all types of libraries for 
        individuals of all ages;
            ``(3) to promote library services that provide all users 
        access to information through State, regional, national and 
        international electronic networks;
            ``(4) to provide linkages among and between libraries; and
            ``(5) to promote targeted library services to people of 
        diverse geographic, cultural, and socioeconomic backgrounds, to 
        individuals with disabilities, and to people with limited 
        functional literacy or information skills.

[[Page 110 STAT. 3009-296]]

``SEC. 213. <<NOTE: 20 USC 9122.>>  DEFINITIONS.
      ``As used in this subtitle:
            ``(1) Indian tribe.--The term `Indian tribe' means any 
        tribe, band, nation, or other organized group or community, 
        including any Alaska native village, regional corporation, or 
        village corporation, as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), which is recognized by the Secretary of the Interior as 
        eligible for the special programs and services provided by the 
        United States to Indians because of their status as Indians.
            ``(2) Library.--The term `library' includes--
                    ``(A) a public library;
                    ``(B) a public elementary school or secondary school 
                library;
                    ``(C) an academic library;
                    ``(D) a research library, which for the purposes of 
                this subtitle means a library that--
                          ``(i) makes publicly available library 
                      services and materials suitable for scholarly 
                      research and not otherwise available to the 
                      public; and
                          ``(ii) is not an integral part of an 
                      institution of higher education; and
                    ``(E) a private library, but only if the State in 
                which such private library is located determines that 
                the library should be considered a library for purposes 
                of this subtitle.
            ``(3) Library consortium.--The term `library consortium' 
        means any local, statewide, regional, interstate, or 
        international cooperative association of library entities which 
        provides for the systematic and effective coordination of the 
        resources of school, public, academic, and special libraries and 
        information centers, for improved services for the clientele of 
        such library entities.
            ``(4) State.--The term `State', unless otherwise specified, 
        includes each of the 50 States of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, the Republic of 
        the Marshall Islands, the Federated States of Micronesia, and 
        the Republic of Palau.
            ``(5) State library administrative agency.--The term `State 
        library administrative agency' means the official agency of a 
        State charged by the law of the State with the extension and 
        development of public library services throughout the State.
            ``(6) State plan.--The term `State plan' means the document 
        which gives assurances that the officially designated State 
        library administrative agency has the fiscal and legal authority 
        and capability to administer all aspects of this subtitle, 
        provides assurances for establishing the State's policies, 
        priorities, criteria, and procedures necessary to the 
        implementation of all programs under this subtitle, submits 
        copies for approval as required by regulations promulgated by 
        the Director, identifies a State's library needs, and sets forth 
        the activities to be taken toward meeting the identified needs 
        supported with the assistance of Federal funds made available 
        under this subtitle.

``SEC. 214. AUTHORIZATION OF <<NOTE: 20 USC 9123.>>  APPROPRIATIONS.
      ``(a) Authorization of Appropriations.--

[[Page 110 STAT. 3009-297]]

            ``(1) In general.--There are authorized to be appropriated 
        $150,000,000 for fiscal year 1997 and such sums as may be 
        necessary for each of the fiscal years 1998 through 2002 to 
        carry out this subtitle.
            ``(2) Transfer.--The Secretary of Education shall--
                    ``(A) transfer promptly to the Director any funds 
                appropriated under the authority of paragraph (1), to 
                enable the Director to carry out this subtitle; and
                    ``(B) not exercise any authority concerning the 
                administration of this title other than the transfer 
                described in subparagraph (A).
      ``(b) Forward Funding.--
            ``(1) In general.--To the end of affording the responsible 
        Federal, State, and local officers adequate notice of available 
        Federal financial assistance for carrying out ongoing library 
        activities and projects, appropriations for grants, contracts, 
        or other payments under any program under this subtitle are 
        authorized to be included in the appropriations Act for the 
        fiscal year preceding the fiscal year during which such 
        activities and projects shall be carried out.
            ``(2) Additional authorization of appropriations.--In order 
        to effect a transition to the timing of appropriation action 
        authorized by subsection (a), the application of this section 
        may result in the enactment, in a fiscal year, of separate 
        appropriations for a program under this subtitle (whether in the 
        same appropriations Act or otherwise) for two consecutive fiscal 
        years.
      ``(c) Administration.--Not more than 3 percent of the funds 
appropriated under this section for a fiscal year may be used to pay for 
the Federal administrative costs of carrying out this subtitle.

                 ``CHAPTER 1--BASIC PROGRAM REQUIREMENTS

``SEC. 221. RESERVATIONS AND <<NOTE: 20 USC 9131.>>  ALLOTMENTS.
      ``(a) Reservations.--
            ``(1) In general.--From the amount appropriated under the 
        authority of section 214 for any fiscal year, the Director--
                    ``(A) shall reserve 1\1/2\ percent to award grants 
                in accordance with section 261; and
                    ``(B) shall reserve 4 percent to award national 
                leadership grants or contracts in accordance with 
                section 262.
            ``(2) Special rule.--If the funds reserved pursuant to 
        paragraph (1)(B) for a fiscal year have not been obligated by 
        the end of such fiscal year, then such funds shall be allotted 
        in accordance with subsection (b) for the fiscal year succeeding 
        the fiscal year for which the funds were so reserved.
      ``(b) Allotments.--
            ``(1) In general.--From the sums appropriated under the 
        authority of section 214 and not reserved under subsection (a) 
        for any fiscal year, the Director shall award grants from 
        minimum allotments, as determined under paragraph (3), to each 
        State. Any sums remaining after minimum allotments are made for 
        such year shall be allotted in the manner set forth in paragraph 
        (2).
            ``(2) Remainder.--From the remainder of any sums 
        appropriated under the authority of section 214 that are not 
        reserved

[[Page 110 STAT. 3009-298]]

        under subsection (a) and not allotted under paragraph (1) for 
        any fiscal year, the Director shall award grants to each State 
        in an amount that bears the same relation to such remainder as 
        the population of the State bears to the population of all 
        States.
            ``(3) Minimum allotment.--
                    ``(A) In general.--For the purposes of this 
                subsection, the minimum allotment for each State shall 
                be $340,000, except that the minimum allotment shall be 
                $40,000 in the case of the United States Virgin Islands, 
                Guam, American Samoa, the Commonwealth of the Northern 
                Mariana Islands, the Republic of the Marshall Islands, 
                the Federated States of Micronesia, and the Republic of 
                Palau.
                    ``(B) Ratable reductions.--If the sum appropriated 
                under the authority of section 214 and not reserved 
                under subsection (a) for any fiscal year is insufficient 
                to fully satisfy the aggregate of the minimum allotments 
                for all States for that purpose for such year, each of 
                such minimum allotments shall be reduced ratably.
                    ``(C) Special rule.--
                          ``(i) In general.--Notwithstanding any other 
                      provision of this subsection and using funds 
                      allotted for the Republic of the Marshall Islands, 
                      the Federated States of Micronesia, and the 
                      Republic of Palau under this subsection, the 
                      Director shall award grants to Guam, American 
                      Samoa, the Commonwealth of the Northern Mariana 
                      Islands, the Republic of the Marshall Islands, the 
                      Federated States of Micronesia, or the Republic of 
                      Palau to carry out activities described in this 
                      subtitle in accordance with the provisions of this 
                      subtitle that the Director determines are not 
                      inconsistent with this subparagraph.
                          ``(ii) Award basis.--The Director shall award 
                      grants pursuant to clause (i) on a competitive 
                      basis and pursuant to recommendations from the 
                      Pacific Region Educational Laboratory in Honolulu, 
                      Hawaii.
                          ``(iii) Termination of eligibility.--
                      Notwithstanding any other provision of law, the 
                      Republic of the Marshall Islands, the Federated 
                      States of Micronesia, and the Republic of Palau 
                      shall not receive any funds under this subtitle 
                      for any fiscal year that begins after September 
                      30, 2001.
                          ``(iv) Administrative costs.--The Director may 
                      provide not more than 5 percent of the funds made 
                      available for grants under this subparagraph to 
                      pay the administrative costs of the Pacific Region 
                      Educational Laboratory regarding activities 
                      assisted under this subparagraph.
            ``(4) Data.--The population of each State and of all the 
        States shall be determined by the Director on the basis of the 
        most recent data available from the Bureau of the Census.

``SEC. 222. <<NOTE: 20 USC 9132.>>  ADMINISTRATION.
      ``(a) In General.--Not more than 4 percent of the total amount of 
funds received under this subtitle for any fiscal year by a State may be 
used for administrative costs.

[[Page 110 STAT. 3009-299]]

      ``(b) Construction.--Nothing in this section shall be construed to 
limit spending for evaluation costs under section 224(c) from sources 
other than this subtitle.

``SEC. 223. PAYMENTS; FEDERAL SHARE; <<NOTE: 20 USC 9133.>> AND 
            MAINTENANCE OF EFFORT REQUIREMENTS.
      ``(a) Payments.--Subject to appropriations provided pursuant to 
section 214, the Director shall pay to each State library administrative 
agency having a State plan approved under section 224 the Federal share 
of the cost of the activities described in the State plan.
      ``(b) Federal Share.--
            ``(1) In general.--The Federal share shall be 66 percent.
            ``(2) Non-federal share.--The non-Federal share of payments 
        shall be provided from non-Federal, State, or local sources.
      ``(c) Maintenance of Effort.--
            ``(1) State expenditures.--
                    ``(A) Requirement.--
                          ``(i) In general.--The amount otherwise 
                      payable to a State for a fiscal year pursuant to 
                      an allotment under this chapter shall be reduced 
                      if the level of State expenditures, as described 
                      in paragraph (2), for the previous fiscal year is 
                      less than the average of the total of such 
                      expenditures for the 3 fiscal years preceding that 
                      previous fiscal year. The amount of the reduction 
                      in allotment for any fiscal year shall be equal to 
                      the amount by which the level of such State 
                      expenditures for the fiscal year for which the 
                      determination is made is less than the average of 
                      the total of such expenditures for the 3 fiscal 
                      years preceding the fiscal year for which the 
                      determination is made.
                          ``(ii) Calculation.--Any decrease in State 
                      expenditures resulting from the application of 
                      subparagraph (B) shall be excluded from the 
                      calculation of the average level of State 
                      expenditures for any 3-year period described in 
                      clause (i).
                    ``(B) Decrease in federal support.--If the amount 
                made available under this subtitle for a fiscal year is 
                less than the amount made available under this subtitle 
                for the preceding fiscal year, then the expenditures 
                required by subparagraph (A) for such preceding fiscal 
                year shall be decreased by the same percentage as the 
                percentage decrease in the amount so made available.
            ``(2) Level of state expenditures.--The level of State 
        expenditures for the purposes of paragraph (1) shall include all 
        State dollars expended by the State library administrative 
        agency for library programs that are consistent with the 
        purposes of this subtitle. All funds included in the maintenance 
        of effort calculation under this subsection shall be expended 
        during the fiscal year for which the determination is made, and 
        shall not include capital expenditures, special one-time project 
        costs, or similar windfalls.
            ``(3) Waiver.--The Director may waive the requirements of 
        paragraph (1) if the Director determines that such a waiver

[[Page 110 STAT. 3009-300]]

        would be equitable due to exceptional or uncontrollable 
        circumstances such as a natural disaster or a precipitous and 
        unforeseen decline in the financial resources of the State.

``SEC. 224. <<NOTE: 20 USC 9134.>>  STATE PLANS.
      ``(a) State Plan Required.--
            ``(1) In general.--In order to be eligible to receive a 
        grant under this subtitle, a State library administrative agency 
        shall submit a State plan to the Director not later than April 
        1, 1997.
            ``(2) Duration.--The State plan shall cover a period of 5 
        fiscal years.
            ``(3) Revisions.--If a State library administrative agency 
        makes a substantive revision to its State plan, then the State 
        library administrative agency shall submit to the Director an 
        amendment to the State plan containing such revision not later 
        than April 1 of the fiscal year preceding the fiscal year for 
        which the amendment will be effective.
      ``(b) Contents.--The State plan shall--
            ``(1) establish goals, and specify priorities, for the State 
        consistent with the purposes of this subtitle;
            ``(2) describe activities that are consistent with the goals 
        and priorities established under paragraph (1), the purposes of 
        this subtitle, and section 231, that the State library 
        administrative agency will carry out during such year using such 
        grant;
            ``(3) describe the procedures that such agency will use to 
        carry out the activities described in paragraph (2);
            ``(4) describe the methodology that such agency will use to 
        evaluate the success of the activities established under 
        paragraph (2) in achieving the goals and meeting the priorities 
        described in paragraph (1);
            ``(5) describe the procedures that such agency will use to 
        involve libraries and library users throughout the State in 
        policy decisions regarding implementation of this subtitle; and
            ``(6) provide assurances satisfactory to the Director that 
        such agency will make such reports, in such form and containing 
        such information, as the Director may reasonably require to 
        carry out this subtitle and to determine the extent to which 
        funds provided under this subtitle have been effective in 
        carrying out the purposes of this subtitle.
      ``(c) Evaluation and Report.--Each State library administrative 
agency receiving a grant under this subtitle shall independently 
evaluate, and report to the Director regarding, the activities assisted 
under this subtitle, prior to the end of the 5-year plan.
      ``(d) Information.--Each library receiving assistance under this 
subtitle shall submit to the State library administrative agency such 
information as such agency may require to meet the requirements of 
subsection (c).
      ``(e) Approval.--
            ``(1) In general.--The Director shall approve any State plan 
        under this subtitle that meets the requirements of this subtitle 
        and provides satisfactory assurances that the provisions of such 
        plan will be carried out.

[[Page 110 STAT. 3009-301]]

            ``(2) Public availability.--Each State library 
        administrative agency receiving a grant under this subtitle 
        shall make the State plan available to the public.
            ``(3) Administration.--If the Director determines that the 
        State plan does not meet the requirements of this section, the 
        Director shall--
                    ``(A) immediately notify the State library 
                administrative agency of such determination and the 
                reasons for such determination;
                    ``(B) offer the State library administrative agency 
                the opportunity to revise its State plan;
                    ``(C) provide technical assistance in order to 
                assist the State library administrative agency in 
                meeting the requirements of this section; and
                    ``(D) provide the State library administrative 
                agency the opportunity for a hearing.

                      ``CHAPTER 2--LIBRARY PROGRAMS

``SEC. 231. <<NOTE: 20 USC 9141.>>  GRANTS TO STATES.
      ``(a) In General.--Of the funds provided to a State library 
administrative agency under section 214, such agency shall expend, 
either directly or through subgrants or cooperative agreements, at least 
96 percent of such funds for--
            ``(1)(A) establishing or enhancing electronic linkages among 
        or between libraries;
            ``(B) electronically linking libraries with educational, 
        social, or information services;
            ``(C) assisting libraries in accessing information through 
        electronic networks;
            ``(D) encouraging libraries in different areas, and 
        encouraging different types of libraries, to establish consortia 
        and share resources; or
            ``(E) paying costs for libraries to acquire or share 
        computer systems and telecommunications technologies; and
            ``(2) targeting library and information services to persons 
        having difficulty using a library and to underserved urban and 
        rural communities, including children (from birth through age 
        17) from families with incomes below the poverty line (as 
        defined by the Office of Management and Budget and revised 
        annually in accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a 
        family of the size involved.
      ``(b) Special Rule.--Each State library administrative agency 
receiving funds under this chapter may apportion the funds available for 
the purposes described in subsection (a) between the two purposes 
described in paragraphs (1) and (2) of such subsection, as appropriate, 
to meet the needs of the individual State.

                 ``CHAPTER 3--ADMINISTRATIVE PROVISIONS

                   ``Subchapter A--State Requirements

``SEC. 251. <<NOTE: 20 USC 9151.>>  STATE ADVISORY COUNCILS.
      ``Each State desiring assistance under this subtitle may establish 
a State advisory council which is broadly representative of the library 
entities in the State, including public, school, academic,

[[Page 110 STAT. 3009-302]]

special, and institutional libraries, and libraries serving individuals 
with disabilities.

                  ``Subchapter B--Federal Requirements

``SEC. 261. <<NOTE: 20 USC 9161.>>  SERVICES FOR INDIAN TRIBES.
      ``From amounts reserved under section 221(a)(1)(A) for any fiscal 
year the Director shall award grants to organizations primarily serving 
and representing Indian tribes to enable such organizations to carry out 
the activities described in section 231.

``SEC. 262. <<NOTE: 20 USC 9162.>>  NATIONAL LEADERSHIP GRANTS OR 
            CONTRACTS.
      ``(a) In General.--From the amounts reserved under section 
221(a)(1)(B) for any fiscal year the Director shall establish and carry 
out a program awarding national leadership grants or contracts to 
enhance the quality of library services nationwide and to provide 
coordination between libraries and museums. Such grants or contracts 
shall be used for activities that may include--
            ``(1) education and training of persons in library and 
        information science, particularly in areas of new technology and 
        other critical needs, including graduate fellowships, 
        traineeships, institutes, or other programs;
            ``(2) research and demonstration projects related to the 
        improvement of libraries, education in library and information 
        science, enhancement of library services through effective and 
        efficient use of new technologies, and dissemination of 
        information derived from such projects;
            ``(3) preservation of digitization of library materials and 
        resources, giving priority to projects emphasizing coordination, 
        avoidance of duplication, and access by researchers beyond the 
        institution or library entity undertaking the project; and
            ``(4) model programs demonstrating cooperative efforts 
        between libraries and museums.
      ``(b) Grants or Contracts.--
            ``(1) In general.--The Director may carry out the activities 
        described in subsection (a) by awarding grants to, or entering 
        into contracts with, libraries, agencies, institutions of higher 
        education, or museums, where appropriate.
            ``(2) Competitive basis.--Grants and contracts under this 
        section shall be awarded on a competitive basis.
        ``(c) Special Rule.--The Director shall make every effort to 
ensure that activities assisted under this section are administered by 
appropriate library and museum professionals or experts.

``SEC. 263. <<NOTE: 20 USC 9163.>>  STATE AND LOCAL INITIATIVES.
      ``Nothing in this subtitle shall be construed to interfere with 
State and local initiatives and responsibility in the conduct of library 
services. The administration of libraries, the selection of personnel 
and library books and materials, and insofar as consistent with the 
purposes of this subtitle, the determination of the best uses of the 
funds provided under this subtitle, shall be reserved for the States and 
their local subdivisions.

                      ``Subtitle C--Museum Services

``SEC. 271. <<NOTE: 20 USC 9171.>>  PURPOSE.
      ``It is the purpose of this subtitle--

[[Page 110 STAT. 3009-303]]

            ``(1) to encourage and assist museums in their educational 
        role, in conjunction with formal systems of elementary, 
        secondary, and postsecondary education and with programs of 
        nonformal education for all age groups;
            ``(2) to assist museums in modernizing their methods and 
        facilities so that the museums are better able to conserve the 
        cultural, historic, and scientific heritage of the United 
        States; and
            ``(3) to ease the financial burden borne by museums as a 
        result of their increasing use by the public.

``SEC. 272. <<NOTE: 20 USC 9172.>>  DEFINITIONS.
      ``As used in this subtitle:
            ``(1) Museum.--The term `museum' means a public or private 
        nonprofit agency or institution organized on a permanent basis 
        for essentially educational or aesthetic purposes, that utilizes 
        a professional staff, owns or utilizes tangible objects, cares 
        for the tangible objects, and exhibits the tangible objects to 
        the public on a regular basis.
            ``(2) State.--The term `State' means each of the 50 States 
        of the United States, the District of Columbia, the Commonwealth 
        of Puerto Rico, the United States Virgin Islands, Guam, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, the 
        Republic of the Marshall Islands, the Federated States of 
        Micronesia, and the Republic of Palau.

``SEC. 273. MUSEUM <<NOTE: 20 USC 9173.>>  SERVICES ACTIVITIES.
        ``(a) Grants.--The Director, subject to the policy direction of 
the Museum Board, may make grants to museums to pay for the Federal 
share of the cost of increasing and improving museum services, through 
such activities as--
            ``(1) programs that enable museums to construct or install 
        displays, interpretations, and exhibitions in order to improve 
        museum services provided to the public;
            ``(2) assisting museums in developing and maintaining 
        professionally trained or otherwise experienced staff to meet 
        the needs of the museums;
            ``(3) assisting museums in meeting the administrative costs 
        of preserving and maintaining the collections of the museums, 
        exhibiting the collections to the public, and providing 
        educational programs to the public through the use of the 
        collections;
            ``(4) assisting museums in cooperating with each other in 
        developing traveling exhibitions, meeting transportation costs, 
        and identifying and locating collections available for loan;
            ``(5) assisting museums in the conservation of their 
        collections;
            ``(6) developing and carrying out specialized programs for 
        specific segments of the public, such as programs for urban 
        neighborhoods, rural areas, Indian reservations, and penal and 
        other State institutions; and
            ``(7) model programs demonstrating cooperative efforts 
        between libraries and museums.
        ``(b) Contracts and Cooperative Agreements.--
            ``(1) Projects to strengthen museum services.--The Director, 
        subject to the policy direction of the Museum Board, is 
        authorized to enter into contracts and cooperative agreements 
        with appropriate entities, as determined by the Director, to

[[Page 110 STAT. 3009-304]]

        pay for the Federal share of enabling the entities to undertake 
        projects designed to strengthen museum services, except that any 
        contracts or cooperative agreements entered into pursuant to 
        this subsection shall be effective only to such extent or in 
        such amounts as are provided in appropriations Acts.
            ``(2) Limitation on amount.--The aggregate amount of 
        financial assistance made available under this subsection for a 
        fiscal year shall not exceed 15 percent of the amount 
        appropriated under this subtitle for such fiscal year.
            ``(3) Operational expenses.--No financial assistance may be 
        provided under this subsection to pay for operational expenses.
            ``(c) Federal Share.--
            ``(1) 50 Percent.--Except as provided in paragraph (2), the 
        Federal share described in subsection (a) and (b) shall be not 
        more than 50 percent.
            ``(2) Greater than 50 percent.--The Director may use not 
        more than 20 percent of the funds made available under this 
        subtitle for a fiscal year to make grants under subsection (a), 
        or enter into contracts or agreements under subsection (b), for 
        which the Federal share may be greater than 50 percent.
            ``(d) Review and Evaluation.--The Director shall establish 
        procedures for reviewing and evaluating grants, contracts, and 
        cooperative agreements made or entered into under this subtitle. 
        Procedures for reviewing grant applications or contracts and 
        cooperative agreements for financial assistance under this 
        subtitle shall not be subject to any review outside of the 
        Institute.

``SEC. 274. <<NOTE: 20 USC 9174.>>  AWARD.
      ``The Director, with the advice of the Museum Board, may annually 
award a National Award for Museum Service to outstanding museums that 
have made significant contributions in service to their communities.

``SEC. 275. <<NOTE: 20 USC 9175.>>  NATIONAL MUSEUM SERVICES BOARD.
      ``(a) Establishment.--There is established in the Institute a 
National Museum Services Board.
      ``(b) Composition and Qualifications.--
            ``(1) Composition.--The Museum Board shall consist of the 
        Director and 14 members appointed by the President, by and with 
        the advice and consent of the Senate.
            ``(2) Qualifications.--The appointive members of the Museum 
        Board shall be selected from among citizens of the United 
        States--
                    ``(A) who are members of the general public;
                    ``(B) who are or have been affiliated with--
                          ``(i) resources that, collectively, are 
                      broadly representative of the curatorial, 
                      conservation, educational, and cultural resources 
                      of the United States; or
                          ``(ii) museums that, collectively, are broadly 
                      representative of various types of museums, 
                      including museums relating to science, history, 
                      technology, art, zoos, and botanical gardens; and
                    ``(C) who are recognized for their broad knowledge, 
                expertise, or experience in museums or commitment to 
                museums.

[[Page 110 STAT. 3009-305]]

            ``(3) Geographic and other representation.--Members of the 
        Museum Board shall be appointed to reflect persons from various 
        geographic regions of the United States. The Museum Board may 
        not include, at any time, more than 3 members from a single 
        State. In making such appointments, the President shall give due 
        regard to equitable representation of women, minorities, and 
        persons with disabilities who are involved with museums.
      ``(c) Terms.--
            ``(1) In general.--Each appointive member of the Museum 
        Board shall serve for a term of 5 years, except that--
                    ``(A) of the members first appointed, 3 shall serve 
                for terms of 5 years, 3 shall serve for terms of 4 
                years, 3 shall serve for terms of 3 years, 3 shall serve 
                for terms of 2 years, and 2 shall serve for terms of 1 
                year, as designated by the President at the time of 
                nomination for appointment; and
                    ``(B) any member appointed to fill a vacancy shall 
                serve for the remainder of the term for which the 
                predecessor of the member was appointed.
            ``(2) Reappointment.--No member of the Museum Board who has 
        been a member for more than 7 consecutive years shall be 
        eligible for reappointment.
            ``(3) Service until successor takes office.--Notwithstanding 
        any other provision of this subsection, a member of the Museum 
        Board shall serve after the expiration of the term of the member 
        until the successor to the member takes office.
      ``(d) Duties and Powers.--The Museum Board shall have the 
responsibility to advise the Director on general policies with respect 
to the duties, powers, and authority of the Institute relating to museum 
services, including general policies with respect to--
            ``(1) financial assistance awarded under this subtitle for 
        museum services; and
            ``(2) projects described in section 262(a)(4).
      ``(e) Chairperson.--The President shall designate 1 of the 
appointive members of the Museum Board as Chairperson of the Museum 
Board.
      ``(f) Meetings.--
            ``(1) In general.--The Museum Board shall meet--
                    ``(A) not less than 3 times each year, including--
                          ``(i) not less than 2 times each year 
                      separately; and
                          ``(ii) not less than 1 time each year in a 
                      joint meeting with the Commission, convened for 
                      purposes of making general policies with respect 
                      to financial assistance for projects described in 
                      section 262(a)(4); and
                    ``(B) at the call of the Director.
            ``(2) Vote.--All decisions by the Museum Board with respect 
        to the exercise of the duties and powers of the Museum Board 
        shall be made by a majority vote of the members of the Museum 
        Board who are present. All decisions by the Commission and the 
        Museum Board with respect to the policies described in paragraph 
        (1)(A)(ii) shall be made by a \2/3\ majority vote of the total 
        number of the members of the Commission and the Museum Board who 
        are present.

[[Page 110 STAT. 3009-306]]

      ``(g) Quorum.--A majority of the members of the Museum Board shall 
constitute a quorum for the conduct of business at official meetings of 
the Museum Board, but a lesser number of members may hold hearings. A 
majority of the members of the Commission and a majority of the members 
of the Museum Board shall constitute a quorum for the conduct of 
business at official joint meetings of the Commission and the Museum 
Board.
      ``(h) Compensation and Travel Expenses.--
            ``(1) Compensation.--Each member of the Museum Board who is 
        not an officer or employee of the Federal Government may be 
        compensated at a rate to be fixed by the President, but not to 
        exceed the daily equivalent of the maximum rate authorized for a 
        position above grade GS-15 of the General Schedule under section 
        5108 of title 5, United States Code, for each day (including 
        travel time) during which such member is engaged in the 
        performance of the duties of the Museum Board. All members of 
        the Museum Board who are officers or employees of the Federal 
        Government shall serve without compensation in addition to 
        compensation received for their services as officers or 
        employees of the Federal Government.
            ``(2) Travel expenses.--The members of the Museum Board may 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, in the same amounts and to the same extent, as 
        authorized under section 5703 of title 5, United States Code, 
        for persons employed intermittently in Federal Government 
        service.
      ``(i) Coordination.--The Museum Board, with the advice of the 
Director, shall take steps to ensure that the policies and activities of 
the Institute are coordinated with other activities of the Federal 
Government.

``SEC. 276. <<NOTE: 20 USC 9176.>>  AUTHORIZATION OF APPROPRIATIONS.
      ``(a) Grants.--For the purpose of carrying out this subtitle, 
there are authorized to be appropriated to the Director $28,700,000 for 
the fiscal year 1997, and such sums as may be necessary for each of the 
fiscal years 1998 through 2002.
      ``(b) Administration.--Not more than 10 percent of the funds 
appropriated under this section for a fiscal year may be used to pay for 
the administrative costs of carrying out this subtitle.
      ``(c) Sums Remaining Available.--Sums appropriated pursuant to 
subsection (a) for any fiscal year shall remain available for obligation 
until expended.''.

SEC. 703. NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE.

      (a) Functions.--Section 5 of the National Commission on Libraries 
and Information Science Act (20 U.S.C. 1504) is amended--
            (1) by redesignating subsections (b) through (d) as 
        subsections (d) through (f), respectively; and
            (2) by inserting after subsection (a) the following:
      ``(b) The Commission shall have the responsibility to advise the 
Director of the Institute of Museum and Library Services on general 
policies with respect to the duties, powers, and authority of the 
Institute of Museum and Library Services relating to library services, 
including--
            ``(1) general policies with respect to--

[[Page 110 STAT. 3009-307]]

                    ``(A) financial assistance awarded under the Museum 
                and Library Services Act for library services; and
                    ``(B) projects described in section 262(a)(4) of 
                such Act; and
            ``(2) measures to ensure that the policies and activities of 
        the Institute of Museum and Library Services are coordinated 
        with other activities of the Federal Government.
      ``(c)(1) The Commission shall meet not less than 1 time each year 
in a joint meeting with the National Museum Services Board, convened for 
purposes of providing advice on general policy with respect to financial 
assistance for projects described in section 262(a)(4) of such Act.
      ``(2) All decisions by the Commission and the National Museum 
Services Board with respect to the advice on general policy described in 
paragraph (1) shall be made by a \2/3\ majority vote of the total number 
of the members of the Commission and the National Museum Services Board 
who are present.
      ``(3) A majority of the members of the Commission and a majority 
of the members of the National Museum Services Board shall constitute a 
quorum for the conduct of business at official joint meetings of the 
Commission and the National Museum Services Board.''.
      (b) Membership.--Section 6 of the National Commission on Libraries 
and Information Science Act (20 U.S.C. 1505) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence, by striking ``Librarian 
                of Congress'' and inserting ``Librarian of Congress, the 
                Director of the Institute of Museum and Library Services 
                (who shall serve as an ex officio, nonvoting member),'';
                    (B) in the second sentence--
                          (i) by striking ``special competence or 
                      interest in'' and inserting ``special competence 
                      in or knowledge of; and
                          (ii) by inserting before the period the 
                      following: ``and at least one other of whom shall 
                      be knowledgeable with respect to the library and 
                      information service and science needs of the 
                      elderly'';
                    (C) in the third sentence, by inserting 
                ``appointive'' before ``members''; and
                    (D) in the last sentence, by striking ``term and at 
                least'' and all that follows and inserting ``term.''; 
                and
            (2) in subsection (b), by striking ``the rate specified'' 
        and all that follows through ``and while'' and inserting ``the 
        daily equivalent of the maximum rate authorized for a position 
        above grade GS-15 of the General Schedule under section 5108 of 
        title 5, United States Code, for each day (including travel-
        time) during which the members are engaged in the business of 
        the Commission. While''.

SEC. 704. <<NOTE: 20 USC 9102 note.>>  TRANSFER OF FUNCTIONS FROM 
            INSTITUTE OF MUSEUM SERVICES.
      (a) Definitions.--For purposes of this section, unless otherwise 
provided or indicated by the context--
            (1) the term ``Federal agency'' has the meaning given to the 
        term ``agency'' by section 551(1) of title 5, United States 
        Code;

[[Page 110 STAT. 3009-308]]

            (2) the term ``function'' means any duty, obligation, power, 
        authority, responsibility, right, privilege, activity, or 
        program; and
            (3) the term ``office'' includes any office, administration, 
        agency, institute, unit, organizational entity, or component 
        thereof.
      (b) Transfer of Functions From the Institute of Museum Services 
and the Library Program Office.--There are transferred to the Director 
of the Institute of Museum and Library Services established under 
section 203 of the Museum and Library Services Act--
            (1) all functions that the Director of the Institute of 
        Museum Services exercised before the date of enactment of this 
        section (including all related functions of any officer or 
        employee of the Institute of Museum Services); and
            (2) all functions that the Director of Library Programs in 
        the Office of Educational Research and Improvement in the 
        Department of Education exercised before the date of enactment 
        of this section and any related function of any officer or 
        employee of the Department of Education.
      (c) Determinations of Certain Functions by the Office of 
Management and Budget.--If necessary, the Office of Management and 
Budget shall make any determination of the functions that are 
transferred under subsection (b).
      (d) Delegation and Assignment.--Except where otherwise expressly 
prohibited by law or otherwise provided by this section, the Director of 
the Institute of Museum and Library Services may delegate any of the 
functions transferred to the Director of the Institute of Museum and 
Library Services by this section and any function transferred or granted 
to such Director of the Institute of Museum and Library Services after 
the effective date of this section to such officers and employees of the 
Institute of Museum and Library Services as the Director of the 
Institute of Museum and Library Services may designate, and may 
authorize successive redelegations of such functions as may be necessary 
or appropriate, except that any delegation of any such functions with 
respect to libraries shall be made to the Deputy Director of the Office 
of Library Services and with respect to museums shall be made to the 
Deputy Director of the Office of Museum
Services. No delegation of functions by the Director of the Institute of 
Museum and Library Services under this section or under any other 
provision of this section shall relieve such Director of the Institute 
of Museum and Library Services of responsibility for the administration 
of such functions.
      (e) Reorganization.--The Director of the Institute of Museum and 
Library Services may allocate or reallocate any function transferred 
under subsection (b) among the officers of the Institute of Museum and 
Library Services, and may establish, consolidate, alter, or discontinue 
such organizational entities in the Institute of Museum and Library 
Services as may be necessary or appropriate.
      (f) Rules.--The Director of the Institute of Museum and Library 
Services may prescribe, in accordance with chapters 5 and 6 of title 5, 
United States Code, such rules and regulations as the Director of the 
Institute of Museum and Library Services determines to be necessary or 
appropriate to administer and manage the functions of the Institute of 
Museum and Library Services.

[[Page 110 STAT. 3009-309]]

      (g) Transfer and Allocations of Appropriations and Personnel.--
Except as otherwise provided in this section, the personnel employed in 
connection with, and the assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations, authorizations, 
allocations, and other funds employed, used, held, arising from, 
available to, or to be made available in connection with the functions 
transferred by this section, subject to section 1531 of title 31, United 
States Code, shall be transferred to the Institute of Museum and Library 
Services. Unexpended funds transferred pursuant to this subsection shall 
be used only for the purposes for which the funds were originally 
authorized and appropriated.
      (h) Incidental Transfers.--The Director of the Office of 
Management and Budget, at such time or times as the Director shall 
provide, may make such determinations as may be necessary with regard to 
the functions transferred by this section, and make such additional 
incidental dispositions of personnel, assets, liabilities, grants, 
contracts, property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds held, used, arising from, 
available to, or to be made available in connection with such functions, 
as may be necessary to carry out this section. The Director of the 
Office of Management and Budget shall provide for the termination of the 
affairs of all entities terminated by this section and for such further 
measures and dispositions as may be necessary to effectuate the purposes 
of this section.
      (i) Effect on Personnel.--
            (1) In general.--Except as otherwise provided by this 
        section, the transfer pursuant to this section of full-time 
        personnel (except special Government employees) and part-time 
        personnel holding permanent positions shall not cause any such 
        employee to be separated or reduced in grade or compensation for 
        1 year after the date of transfer of such employee under this 
        section.
            (2) Executive schedule positions.--Except as otherwise 
        provided in this section, any person who, on the day preceding 
        the effective date of this section, held a position compensated 
        in accordance with the Executive Schedule prescribed in chapter 
        53 of title 5, United States Code, and who, without a break in 
        service, is appointed in the Institute of Museum and Library 
        Services to a position having duties comparable to the duties 
        performed immediately preceding such appointment shall continue 
        to be compensated in such new position at not less than the rate 
        provided for such previous position, for the duration of the 
        service of such person in such new position.
      (j) Savings Provisions.--
            (1) Continuing effect of legal documents.--All orders, 
        determinations, rules, regulations, permits, agreements, grants, 
        contracts, certificates, licenses, registrations, privileges, 
        and other administrative actions--
                    (A) that have been issued, made, granted, or allowed 
                to become effective by the President, any Federal agency 
                or official of a Federal agency, or by a court of 
                competent jurisdiction, in the performance of functions 
                that are transferred under this section; and
                    (B) that were in effect before the effective date of 
                this section, or were final before the effective date of 
                this

[[Page 110 STAT. 3009-310]]

                section and are to become effective on or after the 
                effective date of this section;

shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Director of the Institute of Museum and Library 
Services or other authorized official, a court of competent 
jurisdiction, or by operation of law.
      (2) Proceedings not affected.--This section shall not affect any 
proceedings, including notices of proposed rulemaking, or any 
application for any license, permit, certificate, or financial 
assistance pending before the Institute of Museum Services on the 
effective date of this section, with respect to functions transferred by 
this section. Such proceedings and applications shall be continued. 
Orders shall be issued in such proceedings, appeals shall be taken from 
the orders, and payments shall be made pursuant to the orders, as if 
this section had not been enacted, and orders issued in any such 
proceedings shall continue in effect until modified, terminated, 
superseded, or revoked by a duly authorized official, by a court of 
competent jurisdiction, or by operation of law. Nothing in this 
paragraph shall be construed to prohibit the discontinuance or 
modification of any such proceeding under the same terms and conditions 
and to the same extent that such proceeding could have been discontinued 
or modified if this section had not been enacted.
            (3) Suits not affected.--This section shall not affect suits 
        commenced before the effective date of this section, and in all 
        such suits, proceedings shall be had, appeals taken, and 
        judgments rendered in the same manner and with the same effect 
        as if this section had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against the Institute of Museum 
        Services, or by or against any individual in the official 
        capacity of such individual as an officer of the Institute of 
        Museum Services, shall abate by reason of the enactment of this 
        section.
            (5) Administrative actions relating to promulgation of 
        regulations.--Any administrative action relating to the 
        preparation or promulgation of a regulation by the Institute of 
        Museum Services relating to a function transferred under this 
        section may be continued by the Institute of Museum and Library 
        Services with the same effect as if this section had not been 
        enacted.
      (k) Transition.--The Director of the Institute of Museum and 
Library Services may utilize--
            (1) the services of such officers, employees, and other 
        personnel of the Institute of Museum Services with respect to 
        functions transferred to the Institute of Museum and Library 
        Services by this section; and
            (2) funds appropriated to such functions for such period of 
        time as may reasonably be needed to facilitate the orderly 
        implementation of this section.
      (l) References.--A reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or relating to--
            (1) the Director of the Institute of Museum Services with 
        regard to functions transferred under subsection (b), shall be 
        deemed to refer to the Director of the Institute of Museum and 
        Library Services; and

[[Page 110 STAT. 3009-311]]

            (2) the Institute of Museum Services with regard to 
        functions transferred under subsection (b), shall be deemed to 
        refer to the Institute of Museum and Library Services.
      (m) Additional Conforming Amendments.--
            (1) Recommended legislation.--After consultation with the 
        appropriate committees of Congress and the Director of the 
        Office of Management and Budget, the Director of the Institute 
        of Museum and Library Services shall prepare and submit to the 
        appropriate committees of Congress recommended legislation 
        containing technical and conforming amendments to reflect the 
        changes made by this section.
            (2) Submission to congress.--Not later than 6 months after 
        the effective date of this section, the Director of the 
        Institute of Museum and Library Services shall submit to the 
        appropriate committees of Congress the recommended legislation 
        referred to under paragraph (1).

SEC. 705. <<NOTE: 20 USC 9103 note.>>  SERVICE OF INDIVIDUALS SERVING ON 
            DATE OF ENACTMENT.
      Notwithstanding section 204 of the Museum and Library Services 
Act, the individual who was appointed to the position of Director of the 
Institute of Museum Services under section 205 of the Museum Services 
Act (as such section was in effect on the day before the date of 
enactment of this Act) and who is serving in such position on the day 
before the date of enactment of this Act shall serve as the first 
Director of the Institute of Museum and Library Services under section 
204 of the Museum and Library Services Act (as added by section 2 of 
this Act), and shall serve at the pleasure of the President.

SEC. 706. <<NOTE: 20 USC 9105 note.>>  CONSIDERATION.
      Consistent with title 5, United States Code, in appointing 
employees of the Office of Library Services, the Director of the 
Institute of Museum and Library Services shall give strong consideration 
to individuals with experience in administering State-based and national 
library and information services programs.

SEC. 707. <<NOTE: 20 USC 9102 note.>>  TRANSITION AND TRANSFER OF FUNDS.
      (a) Transition.--The Director of the Office of Management and 
Budget shall take appropriate measures to ensure an orderly transition 
from the activities previously administered by the Director of Library 
Programs in the Office of Educational Research and Improvement in the 
Department of Education to the activities administered by the Institute 
for Museum and Library Services under this Act. Such measures may 
include the transfer of appropriated funds.
      (b) Transfer.--From any amounts available to the Secretary of 
Education for salaries and expenses at the Department of Education, the 
Secretary of Education shall transfer to the Director the amount of 
funds necessary to ensure the orderly transition from activities 
previously administered by the Director of the Office of Library 
Programs in the Office of Educational Research and Improvement in the 
Department of Education to the activities administered by the Institute 
for Museum and Library Services. In no event shall the amount of funds 
transferred pursuant to the preceding sentence be less than $200,000.

[[Page 110 STAT. 3009-312]]

SEC. 708. REPEALS.

      (a) Library Services and Construction Act.--The Library Services 
and Construction Act (20 U.S.C. 351 et seq.) is repealed.
      (b) Title II of the Higher Education Act of 1965.--Title II of the 
Higher Education Act of 1965 (20 U.S.C. 1021 et seq.), relating to 
academic libraries and information services, is repealed.
      (c) Part D of Title XIII of the Higher Education Amendments of 
1986.--Part D of title XIII of the Higher Education Amendments of 1986 
(20 U.S.C. 1029 note), relating to library resources, is repealed.
      (d) Section 519 of the Education Amendments of 1974.--Section 519 
of the Education Amendments of 1974 (20 U.S.C. 1221i) is repealed.
      (e) Part F of the Technology for Education Act of 1994.--Part F of 
the Technology for Education Act of 1994 (20 U.S.C. 7001 et seq.), 
contained in title III of the Elementary and Secondary Education Act of 
1965, is repealed.

SEC. 709. CONFORMING AMENDMENTS.

      (a) References to Library Services and Construction Act.--
            (1) Technology for education act of 1994.--Section 3113(10) 
        of the Technology for Education Act of 1994 (20 U.S.C. 6813(10)) 
        is amended by striking ``section 3 of the Library Services and 
        Construction Act;'' and inserting ``section 213 of the Library 
        Services and Technology Act;''.
            (2) Omnibus education reconciliation act of 1981.--Section 
        528 of the Omnibus Education Reconciliation Act of 1981 (20 
        U.S.C. 3489) is amended--
                    (A) by striking paragraph (12); and
                    (B) by redesignating paragraphs (13) through (15) as 
                paragraphs (12) through (14), respectively.
            (3) Elementary and secondary education act of 1965.--Section 
        3113(10) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6813(10)) is amended by striking ``section 3 of the 
        Library Services and Construction Act'' and inserting ``section 
        213 of the Library Services and Technology Act''.
            (4) Community improvement volunteer act of 1994.--Section 
        7305 of the Community Improvement Volunteer Act of 1994 (40 
        U.S.C. 276d-3) is amended--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2) through (6) as 
                paragraphs (1) through (5), respectively.
            (5) Appalachian regional development act of 1965.--Section 
        214(c) of the Appalachian Regional Development Act of 1965 (40 
        U.S.C. App. 214(c)) is amended by striking ``Library Services 
        and Construction Act;''.
            (6) Demonstration cities and metropolitan development act of 
        1966.--Section 208(2) of the Demonstration Cities and 
        Metropolitan Development Act of 1966 (42 U.S.C. 3338(2)) is 
        amended by striking ``title II of the Library Services and 
        Construction Act;''.
            (7) Public law 87-688.--Subsection (c) of the first section 
        of the Act entitled ``An Act to extend the application of 
        certain laws to American Samoa'', approved September 25, 1962 
        (48 U.S.C. 1666(c)) is amended by striking ``the Library 
        Services Act (70 Stat. 293; 20 U.S.C. 351 et seq.),''.

[[Page 110 STAT. 3009-313]]

            (8) Communications act of 1934.--Paragraph (4) of section 
        254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)(4)) 
        is amended by striking ``library not eligible for participation 
        in State-based plans for funds under title III of the Library 
        Services and Construction Act (20 U.S.C. 335c et seq.)'' and 
        inserting ``library or library consortium not eligible for 
        assistance from a State library administrative agency under the 
        Library Services and Technology Act''.
      (b) References to Institute of Museum Services.--
            (1) Title 5, united states code.--Section 5315 of title 5, 
        United States Code, is amended by striking the following:
            ``Director of the Institute of Museum Services.'' and 
        inserting the following:
            ``Director of the Institute of Museum and Library 
        Services.''.
            (2) Department of education organization act.--Section 301 
        of the Department of Education Organization Act (20 U.S.C. 3441) 
        is amended--
                    (A) in subsection (a)--
                          (i) by striking paragraph (5); and
                          (ii) by redesignating paragraphs (6) and (7) 
                      as paragraphs (5) and (6), respectively; and
                    (B) in subsection (b)--
                          (i) by striking paragraph (4); and
                          (ii) by redesignating paragraphs (5) through 
                      (7) as paragraphs (4) through (6), respectively.
            (3) Elementary and secondary education act of 1965.--
                    (A) Sections 2101(b), 2205(c)(1)(D), 
                2208(d)(1)(H)(v), and 2209(b)(1)(C)(iv), and subsection 
                (d)(6) and (e)(2) of section 10401 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6621(b), 
                6645(c)(1)(D), 6648(d)(1)(H)(v), 6649(b)(1)(C)(vi), and 
                8091 (d)(6) and (e)(2)) are amended by striking ``the 
                Institute of Museum Services'' and inserting ``the 
                Institute of Museum and Library Services''.
                    (B) Section 10412(b) of such Act (20 U.S.C. 8102(b)) 
                is amended--
                          (i) in paragraph (2), by striking ``the 
                      Director of the Institute of Museum Services,'' 
                      and inserting ``the Director of the Institute of 
                      Museum and Library Services,''; and
                          (ii) in paragraph (7), by striking ``the 
                      Director of the Institute of Museum Services,'' 
                      and inserting ``the director of the Institute of 
                      Museum and Library Services,''.
                    (C) Section 10414(a)(2)(B) of such Act (20 U.S.C. 
                8104(a)(2)(B)) is amended by striking clause (iii) and 
                inserting the following new clause:
                          ``(iii) the Institute of Museum and Library 
                      Services.''.
        (c) References to Office of Libraries and Learning Resources.--
Section 413(b)(1) of the Department of Education Organization Act (20 
U.S.C. 3473(b)(1)) is amended--
            (1) by striking subparagraph (H); and
            (2) by redesignating subparagraphs (I) through (M) as 
        subparagraphs (H) through (L), respectively.

[[Page 110 STAT. 3009-314]]

        (d) Reference to State Postsecondary Review Entity Programs.--
Section 356(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 
10696(b)) is amended by striking ``II,''.
      This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
1997''.
      (f) For programs, projects or activities in the Treasury, Postal 
Service, and General Appropriations Act, 1997, provided as follows, to 
be effective as if it had been enacted into law as the regular 
appropriations Act:

                                 AN ACT

    Making <<NOTE: Treasury, Postal Service, and General Government 
Appropriations Act, 1997.>> appropriations for the Treasury Department, 
the United States Postal Service, the Executive Office of the President, 
 and certain Independent Agencies, for the fiscal year ending September 
30, 1997, and for other purposes.

    TITLE I--DEPARTMENT OF THE TREASURY <<NOTE: Treasury Department 
Appropriations Act, 1997.>> 

                          Departmental Offices

                          salaries and expenses

    For necessary expenses of the Departmental Offices including 
operation and maintenance of the Treasury Building and Annex; hire of 
passenger motor vehicles; maintenance, repairs, and improvements of, and 
purchase of commercial insurance policies for, real properties leased or 
owned overseas, when necessary for the performance of official business; 
not to exceed $2,900,000 for official travel expenses; not to exceed 
$150,000 for official reception and representation expenses; not to 
exceed $258,000 for unforeseen emergencies of a confidential nature, to 
be allocated and expended under the direction of the Secretary of the 
Treasury and to be accounted for solely on his certificate; 
$111,760,000.

                         Automation Enhancement

                       including transfer of funds

    For the development and acquisition of automatic data processing 
equipment, software, and services for the Department of the Treasury, 
$27,100,000, of which $15,000,000 shall be available to the United 
States Customs Service for the Automated Commercial Environment project, 
and of which $5,600,000 shall be available to the United States Customs 
Service for the International Trade Data System: Provided, That these 
funds shall remain available until September 30, 1999: Provided further, 
That these funds shall be transferred to accounts and in amounts as 
necessary to satisfy the requirements of the Department's offices, 
bureaus, and other organizations: Provided further, That this transfer 
authority shall be in addition to any other transfer authority provided 
in this Act: Provided further, That none of the funds shall be used to 
support or supplement Internal Revenue Service appropriations for 
Information Systems and Tax Systems Modernization: Provided further, 
That of the funds appropriated for the Automated Commercial Environment, 
$3,475,000 may not be obligated until the Commissioner of Customs 
consults with the Committees on Appropriations regarding deficiencies 
identified by the General Accounting Office.

[[Page 110 STAT. 3009-315]]

                       Office of Inspector General

                          salaries and expenses

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, not to exceed $2,000,000 for official travel expenses; 
including hire of passenger motor vehicles; and not to exceed $100,000 
for unforeseen emergencies of a confidential nature, to be allocated and 
expended under the direction of the Inspector General of the Treasury; 
$29,736,000.

                  Office of Professional Responsibility

                          salaries and expenses

    For necessary expenses of the Office of Professional Responsibility, 
including purchase and hire of passenger motor vehicles, $1,500,000.

           Treasury Buildings and Annex Repair and Restoration

                       including transfer of funds

    For the repair, alteration, and improvement of the Treasury Building 
and Annex, $28,213,000, to remain available until expended: Provided, 
That funds previously made available under this title for the Secret 
Service Headquarter's building shall be transferred to the Secret 
Service Acquisition, Construction, Improvement and Related Expenses 
appropriation.

                  Financial Crimes Enforcement Network

                          salaries and expenses

    For necessary expenses of the Financial Crimes Enforcement Network, 
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with 
financial intelligence activities, law enforcement, and financial 
regulation; not to exceed $14,000 for official reception and 
representation expenses; and for assistance to Federal law enforcement 
agencies, with or without reimbursement; $22,387,000: Provided, That 
notwithstanding any other provision of law, the Director of the 
Financial Crimes Enforcement Network may procure up to $500,000 in 
specialized, unique, or novel automatic data processing equipment, 
ancillary equipment, software, services, and related resources from 
commercial vendors without regard to otherwise applicable procurement 
laws and regulations and without full and open competition, utilizing 
procedures best suited under the circumstances of the procurement to 
efficiently fulfill the agency's requirements: Provided further, That 
funds appropriated in this account may be used to procure personal 
services contracts.

               Department of the Treasury Forfeiture Fund

    For necessary expenses of the Treasury Forfeiture Fund, as 
authorized by Public Law 102-393, not to exceed $10,000,000, to be 
derived from deposits in the fund: Provided, That notwithstanding any 
other provision of law, not to exceed $7,500,000 shall

[[Page 110 STAT. 3009-316]]

be made available for the development of a Federal wireless 
communication system: Provided further, That the Secretary of the 
Treasury is authorized to receive all unavailable collections 
transferred from the Special Forfeiture Fund established by section 6073 
of the Anti-Drug Abuse Act of 1988 (21
U.S.C. 1509) by the Director of the Office of Drug Control Policy as a 
deposit into the Treasury Forfeiture Fund (31 U.S.C. 9703(a)).

                    Violent Crime Reduction Programs

                       including transfer of funds

    For activities authorized by Public Law 103-322, to remain available 
until expended, which shall be derived from the Violent Crime Reduction 
Trust Fund, as follows:
    (a) As authorized by section 190001(e), $89,000,000, of which 
$36,595,000 shall be available to the Bureau of Alcohol, Tobacco and 
Firearms, of which $3,000,000 shall be available for administering the 
Gang Resistance Education and Training program, of which $3,662,000 
shall be available for ballistics technologies, including the purchase, 
maintenance and upgrading of equipment and of which $29,133,000 shall be 
available to enhance training and purchase equipment and services, and 
of which $800,000 shall be available for project LEAD; of which 
$18,300,000 shall be available to the Secretary as authorized by section 
732 of Public Law 104-132, as amended by Section 113 of the Fiscal Year 
1997 Department of Commerce, Justice and State, and the Judiciary, and 
Related Agencies Appropriations Act; of which $1,000,000 shall be 
available to the Financial Crimes Enforcement Network; of which 
$20,000,000 shall be available to the United States Secret Service, of 
which no less than $1,400,000 shall be available for a grant for 
activities related to the investigations of missing and exploited 
children; and of which $13,105,000 shall be available to the Federal 
Drug Control Programs, High Intensity Drug Trafficking Areas program
    (b) As authorized by section 32401, $8,000,000, for disbursement 
through grants, cooperative agreements or contracts, to local 
governments for Gang Resistance Education and Training: Provided, That 
notwithstanding sections 32401 and 310001, such funds shall be allocated 
only to the affected State and local law enforcement and prevention 
organizations participating in such projects.

                         Treasury Franchise Fund

    There is hereby established in the Treasury a <<NOTE: 31 USC 501 
note.>>  franchise fund pilot, as authorized by section 403 of Public 
Law 103-356, to be available as provided in such section for expenses 
and equipment necessary for the maintenance and operation of such 
financial and administrative support services as the Secretary 
determines may be performed more advantageously as central services: 
Provided, That any inventories, equipment, and other assets pertaining 
to the services to be provided by such fund, either on hand or on order, 
less the related liabilities or unpaid obligations, and any 
appropriations made for the purpose of providing capital, shall be used 
to capitalize such fund: Provided further, That such fund shall be 
reimbursed or credited with the payments, including advanced payments, 
from applicable appropriations and funds available to the Department and 
other Federal agencies for which such administrative and financial 
services