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[House Report 104-863]
[From the U.S. Government Publishing Office]
_______________________________________________________________________
104th Congress HOUSE OF REPRESENTATIVES Report
2d Session 104-863
_______________________________________________________________________
(Star Print) MAKING OMNIBUS CONSOLIDATED APPROPRIATIONS FOR FISCAL YEAR 1997
----------
CONFERENCE REPORT
to accompany
H.R. 3610
September 28, 1996.--Ordered to be printed
_______________________________________________________________________
104th Congress HOUSE OF REPRESENTATIVES Report
2d Session 104-863
_______________________________________________________________________
MAKING OMNIBUS CONSOLIDATED APPROPRIATIONS FOR FISCAL YEAR 1997
----------
CONFERENCE REPORT
to accompany
H.R. 3610
September 28, 1996.--Ordered to be printed
C O N T E N T S
----------
Page
Division A.--[Appropriations and Offsets]........................ 1
TITLE I--OMNIBUS APPROPRIATIONS.................................. 1
sec. 101(a). departments of commerce, justice, and state, the
judiciary, and related agencies appropriations act, 1997... 1
Title I--Department of Justice........................... 2
Title II--Department of Commerce and Related Agencies.... 34
Title III--The Judiciary................................. 44
Title IV--Department of State and Related Agencies....... 48
Title V--Related Agencies................................ 58
Title VI--General Provisions............................. 66
Title VII--Rescissions--Department of Justice............ 72
Title VIII--Fiscal Year 1996 Supplemental and
Rescission--Department of Justice...................... 72
Title IX--Supplemental Appropriations--Department of
Commerce............................................... 73
sec. 101(b) department of defense appropriations act, 1997... 73
Title I--Military Personnel.............................. 74
Title II--Operation and Maintenance...................... 76
Title III--Procurement................................... 82
Title IV--Research, Development, Test and Evaluation..... 87
Title V--Revolving and Management Funds.................. 88
Title VI--Other Department of Defense Programs........... 89
Title VII--Related Agencies.............................. 90
Title VIII--General Provisions........................... 90
Title IX--Fiscal Year 1996 Supplemental Appropriations
and Rescissions for Anti-Terrorism, Counter-Terrorism,
and Security Enhancement Activities.................... 123
sec. 101(c). foreign operations, export financing, and
related programs appropriations act, 1997 (together with
nato enlargement facilitation act of 1996, and bank for
economic cooperation and development in the middle east and
north africa act).......................................... 125
Title I--Export and Investment Assistance................ 125
Title II--Bilateral Economic Assistance.................. 127
Title III--Military Assistance........................... 140
Title IV--Multilateral Economic Assistance............... 142
Title V--General Provisions.............................. 144
Title VI--NATO Enlargement Facilitation Act of 1996...... 178
Title VII--Middle East Development Bank.................. 185
sec. 101(d). department of the interior and related agencies
appropriations act, 1997................................... 187
Title I--Department of the Interior...................... 187
Title II--Related Agencies............................... 211
Title III--General Provisions............................ 226
Title IV--Emergency Appropriations....................... 235
sec. 101(e). departments of labor, health and human services,
and education, and related agencies appropriations act,
1997 (including student loan marketing association
reorganization act of 1996, and museum and library services
act of 1996................................................ 240
Title I--Department of Labor............................. 240
Title II--Department of Health and Human Services........ 249
Title III--Department of Education....................... 262
Title IV--Related Agencies............................... 270
Title V--General Provisions.............................. 275
Title VI--Reorganization and Privatization of Sallie Mae
and Connie Lee......................................... 283
Title VII--Museum and Library Services Act of 1996....... 302
sec. 101(f). treasury, postal service, and general government
appropriations act, 1997 (including federal financial
management improvement act of 1996......................... 323
Title I--Department of the Treasury...................... 323
Title II--Postal Service................................. 335
Title III--Executive Office of the President and Funds
Appropriated to the President.......................... 336
Title IV--Independent Agencies........................... 340
Title V--General Provisions--This Act.................... 354
Title VI--General Provisions--Departments, Agencies, and
Corporations........................................... 363
Title VII--Counter-Terrorism and Drug Law Enforcement.... 397
Title VIII--Federal Financial Management Improvement..... 400
TITLE II--ECONOMIC GROWTH AND REGULATORY PAPERWORK REDUCTION..... 405
Subtitle A--Streamlining the Home Mortgage Lending Process... 408
Subtitle B--Streamlining Government Regulation............... 413
Chapter 1--Eliminating Unnecessary Regulatory
Requirements and Procedures............................ 413
Chapter 2--Eliminating Unnecessary Regulatory Burdens.... 425
Chapter 3--Regulatory Micromanagement Relief............. 429
Subtitle C--Regulatory Impact on Cost of Credit and Credit
Availability............................................... 430
Subtitle D--Consumer Credit.................................. 437
Chapter 1--Credit Reporting Reform....................... 437
Chapter 2--Credit Repair Organizations................... 466
Subtitle E--Asset Conservation, Lender Liability, and Deposit
Insurance Protection....................................... 474
Subtitle F--Miscellaneous.................................... 481
Subtitle G--Deposit Insurance Funds.......................... 492
TITLE III--SPECTRUM ALLOCATION PROVISIONS........................ 512
sec. 3001. competitive bidding for spectrum.................. 512
TITLE IV--ADJUSTMENT OF PAYGO BALANCES........................... 513
sec. 4001. adjustment of paygo balances...................... 513
TITLE V--ADDITIONAL APPROPRIATIONS............................... 514
Chapter 1--Department of Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies.............. 514
Chapter 2--District of Columbia.............................. 514
Chapter 3--Energy and Water Development...................... 523
Chapter 4--Legislative Branch................................ 524
Chapter 5--Department of Transportation...................... 525
Chapter 6--Department of the Treasury........................ 534
Chapter 7--International Security Assistance................. 536
Chapter 8--General Provisions................................ 536
Division B--Oregon Resource Conservation Act of 1996............. 537
TITLE I--OPAL CREEK WILDERNESS AND SCENIC RECREATION AREA........ 537
TITLE II--UPPER KLAMATH BASIN.................................... 546
TITLE III--DESCHUTES BASIN....................................... 548
TITLE IV--MOUNT HOOD CORRIDOR.................................... 551
TITLE V--COQUILLE TRIBAL FOREST.................................. 552
TITLE VI--BULL RUN WATERSHED PROTECTION.......................... 556
TITLE VII--OREGON ISLANDS WILDERNESS, ADDITIONS.................. 558
TITLE VIII--UMPQUA RIVER LAND EXCHANGE STUDY..................... 559
Division C--Illegal Immigration Reform and Immigrant
Responsibility Act of 1996..................................... 561
TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL
ENTRY, AND INTERIOR ENFORCEMENT................................ 566
Subtitle A--Improved Enforcement at the Border............... 566
Subtitle B--Facilitation of Legal Entry...................... 572
Subtitle C--Interior Enforcement............................. 575
TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN
SMUGGLING; DOCUMENT FRAUD...................................... 577
Subtitle A--Enhanced Enforcement and Penalties Against Alien
Smuggling.................................................. 577
Subtitle B--Deterrence of Document Fraud..................... 582
TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS.................. 588
Subtitle A--Revision of Procedures for Removal of Aliens..... 588
Subtitle B--Criminal Alien Provisions........................ 642
Subtitle C--Revision of Grounds for Exclusion and Deportation 650
Subtitle D--Changes in Removal of Alien Terrorist Provisions. 656
Subtitle E--Transportation of Aliens......................... 660
Subtitle F--Additional Provisions............................ 660
TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT......... 671
Subtitle A--Pilot Programs for Employment Eligibility
Confirmation............................................... 671
Subtitle B--Other Provisions Relating to Employer Sanctions.. 682
Subtitle C--Unfair Immigration-Related Employment Practices.. 685
TITLE V--RESTRICTIONS ON BENEFITS FOR ALIENS..................... 686
Subtitle A--Eligibility of Aliens for Public Assistance and
Benefits................................................... 686
Subtitle B--Public Charge Exclusion.......................... 690
Subtitle C--Affidavits of Support............................ 691
Subtitle D--Miscellaneous Provisions......................... 697
Subtitle E--Housing Assistance............................... 701
Subtitle F--General Provisions............................... 705
TITLE VI--MISCELLANEOUS PROVISIONS............................... 705
Subtitle A--Refugees, Parole, and Asylum..................... 705
Subtitle B--Miscellaneous Amendments to the Immigration and
Nationality Act............................................ 712
Subtitle C--Provisions Relating to Visa Processing and
Consular Efficiency........................................ 717
Subtitle D--Other Provisions................................. 721
Subtitle E--Technical Corrections............................ 738
Division D--Small Business Programs Improvement Act.............. 741
TITLE I--AMENDMENTS TO SMALL BUSINESS ACT........................ 742
TITLE II--AMENDMENTS TO SMALL BUSINESS INVESTMENT ACT............ 751
Division E--[California Bay-Delta Environmental Enhancement and
Water Security Act]............................................ 766
TITLE I--CALIFORNIA BAY-DELTA ENVIRONMENTAL ENHANCEMENT AND WATER
SECURITY ACT................................................... 766
104th Congress HOUSE OF REPRESENTATIVES Report
2d Session 104-863
_______________________________________________________________________
MAKING OMNIBUS CONSOLIDATED APPROPRIATIONS FOR FISCAL YEAR 1997
_____________
September 28, 1996.--Ordered to be printed
_____________
Mr. Livingston, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 3610]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
3610) ``making appropriations for the Department of Defense for
the fiscal year ending September 30, 1997, and for other
purposes,'' having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
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 ACT Making appropriations for the Departments of Commerce, Justice,
and State, the Judiciary, and related agencies for the fiscal year
ending September 30, 1997, and for other purposes.
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $75,773,000; of which not to exceed
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 43
permanent positions and 44 full-time equivalent workyears and
$7,477,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these
offices in fiscal year 1996: Provided further, That not to
exceed 41 permanent positions and 48 full-time equivalent
workyears and $4,660,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further, That
the latter two aforementioned offices shall not be augmented by
personnel details, temporary transfers of personnel on either a
reimbursable or non-reimbursable basis or any other type of
formal or informal transfer or reimbursement of personnel or
funds on either a temporary or long-term basis.
For an additional amount, for enhancements for the Office
of Intelligence Policy and Review and security measures,
$3,600,000; of which $2,170,000 is for security enhancements:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
counterterrorism fund
For necessary expenses, as determined by the Attorney
General, $9,450,000, to remain available until expended, to
reimburse any Department of Justice organization for (1) the
costs incurred in reestablishing the operational capability of
an office or facility which has been damaged or destroyed as a
result of the bombing of the Alfred P. Murrah Federal Building
in Oklahoma City or any domestic or international terrorist
incident, (2) the costs of providing support to counter,
investigate or prosecute domestic or international terrorism,
including payment of rewards in connection with these
activities, and (3) the costs of conducting a terrorism threat
assessment of Federal agencies and their facilities: Provided,
That funds provided under this heading shall be available only
after the Attorney General notifies the Committees on
Appropriations of the House of Representatives and the Senate
in accordance with section 605 of this Act.
For an additional amount for necessary expenses, as
determined by the Attorney General, $20,000,000, to remain
available until expended, to reimburse any Department of
Justice organization for (1) the costs incurred in
reestablishing the operational capability of an office or
facility which has been damaged or destroyed as a result of any
domestic or international terrorist incident, or (2) the costs
of providing support to counter, investigate or prosecute
domestic or international terrorism, including payment of
rewards in connection with these activities: Provided, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
administrative review and appeals
For expenses necessary for the administration of pardon
and clemency petitions and immigration related activities,
$62,000,000.
For an additional amount for security measures for the
Executive Office of Immigration Review, $1,000,000: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget, and Emergency Deficit Control Act of 1985,
as amended.
violent crime reduction programs, administrative review and appeals
For activities authorized by section 130005 of the
Violent Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322), as amended, $48,000,000, to remain available
until expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $31,960,000; including not to exceed $10,000
to meet unforeseen emergencies of a confidential character, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and for
the acquisition, lease, maintenance, and operation of motor
vehicles, without regard to the general purchase price
limitation for the current fiscal year.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized by law, $4,845,000.
Legal Activities
salaries and expenses, general legal activities
For expenses, necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and rent
of private or Government-owned space in the District of
Columbia; $420,793,000; of which not to exceed $10,000,000 for
litigation support contracts shall remain available until
expended: Provided, That of the funds available in this
appropriation, not to exceed $17,525,000 shall remain available
until expended for office automation systems for the legal
divisions covered by this appropriation, and for the United
States Attorneys, the Antitrust Division, and offices funded
through ``Salaries and Expenses'', General Administration:
Provided further, That of the total amount appropriated, not to
exceed $1,000 shall be available to the United States National
Central Bureau, INTERPOL, for official reception and
representation expenses: Provided further, That notwithstanding
31 U.S.C. 1342, the Attorney General may accept on behalf of
the United States, and credit to this appropriation, gifts of
money, personal property and services, for the purposes of
hosting the International Criminal Police Organization's
(INTERPOL) American Regional Conference in the United States
during fiscal year 1997: Provided further, That not to exceed 8
permanent positions and 10 full-time equivalent workyears and
$987,000 shall be expended for the Office of Legislative
Affairs 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 $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, not to exceed 8,652 positions and
8,936 full-time equivalent workyears shall be supported from
the funds appropriated in this Act for the United States
Attorneys.
For an additional amount for expenses relating to
terrorism and security needs, $10,900,000: Provided, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
violent crime reduction programs, united states attorneys
For activities authorized by sections 40114, 130005,
190001(b), 190001(d) and 250005 of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, and section 815 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132), $43,876,000, to
remain available until expended, which shall be derived from
the Violent Crime Reduction Trust Fund, of which $28,602,000
shall be available to help meet the increased demands for
litigation and related activities, $4,641,000 for Southwest
Border Control, $1,000,000 for Federal victim counselors, and
$9,633,000 for expeditious deportation of denied asylum
applicants.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized by 28 U.S.C. 589a(a), $107,950,000, to
remain available until expended and to be derived from the
United States Trustee System Fund: Provided, That
notwithstanding any other provision of law, deposits to the
Fund shall be available in such amounts as may be necessary to
pay refunds due depositors: Provided further, That
notwithstanding any other provision of law, $107,950,000 of
offsetting collections derived from fees collected pursuant to
28 U.S.C. 589a(b) shall be retained and used for necessary
expenses in this appropriation and remain available until
expended: Provided further, That the sum herein appropriated
from the Fund shall be reduced as such offsetting collections
are received during fiscal year 1997, so as to result in a
final fiscal year 1997 appropriation from the Fund estimated at
$0: Provided further, That any such fees collected in excess of
$107,950,000 in fiscal year 1997 shall remain available until
expended but shall not be available for obligation until
October 1, 1997.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $953,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals
Service; including the acquisition, lease, maintenance, and
operation of vehicles and aircraft, and the purchase of
passenger motor vehicles for police-type use, without regard to
the general purchase price limitation for the current fiscal
year, $457,495,000, as authorized by 28 U.S.C. 561(i); of which
not to exceed $6,000 shall be available for official reception
and representation expenses; and of which not to exceed
$4,000,000 for development, implementation, maintenance and
support, and training for an automated prisoner information
system, and $2,200,000 to support the Justice Prisoner and
Alien Transportation System, shall remain available until
expended: Provided, That, with respect to the amounts
appropriated above, the service of maintaining and transporting
State, local, or territorial prisoners shall be considered a
specialized or technical service for purposes of 31 U.S.C.
6505, and any prisoners so transported shall be considered
persons (transported for other than commercial purposes) whose
presence is associated with the performance of a governmental
function for purposes of 49 U.S.C. 40102: Provided further,
That not to exceed 12 permanent positions and 12 full-time
equivalent workyears and $700,000 shall be expended for the
Offices of Legislative Affairs and Public Affairs: Provided
further, That the latter two aforementioned offices shall not
be augmented by personnel details, temporary transfers of
personnel on either a reimbursable or nonreimbursable basis or
any other type of formal or informal transfer or reimbursement
of personnel or funds on either a temporary or long-term basis.
violent crime reduction programs, united states marshals service
For activities authorized by section 190001(b) of the
Violent Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322), as amended, $25,000,000, to remain available
until expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
federal prisoner detention
For expenses, related to United States prisoners in the
custody of the United States Marshals Service as authorized in
18 U.S.C. 4013, but not including expenses otherwise provided
for in appropriations available to the Attorney General,
$405,262,000, as authorized by 28 U.S.C. 561(i), to remain
available until expended: Provided, That this appropriation
hereafter shall not be available for expenses authorized under
18 U.S.C. 4013(a)(4).
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of
witnesses, for expenses of contracts for the procurement and
supervision of expert witnesses, for private counsel expenses,
and for per diems in lieu of subsistence, as authorized by law,
including advances, $100,702,000, to remain available until
expended; of which not to exceed $4,750,000 may be made
available for planning, construction, renovations, maintenance,
remodeling, and repair of buildings, and the purchase of
equipment incident thereto, for protected witness safesites; of
which not to exceed $1,000,000 may be made available for the
purchase and maintenance of armored vehicles for transportation
of protected witnesses; and of which not to exceed $4,000,000
may be made available for the purchase, installation and
maintenance of a secure, automated information network to store
and retrieve the identities and locations of protected
witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations
Service, established by title X of the Civil Rights Act of
1964, $5,319,000: Provided, That notwithstanding any other
provision of law, upon a determination by the Attorney General
that emergent circumstances require additional funding for
conflict prevention and resolution activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
this paragraph shall be treated as a reprogramming under
section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii),
(B), (C), (F), and (G), as amended, $23,000,000, to be derived
from the Department of Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with
the Radiation Exposure Compensation Act, $2,000,000.
payment to radiation exposure compensation trust fund
For payments to the Radiation Exposure Compensation Trust
Fund, $13,736,000, not to be available for obligation until
September 30, 1997.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime drug
trafficking not otherwise provided for, to include
intergovernmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $359,430,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts obligated
from appropriations under this heading may be used under
authorities available to the organizations reimbursed from this
appropriation: Provided further, That any unobligated balances
remaining available at the end of the fiscal year shall revert
to the Attorney General for reallocation among participating
organizations in succeeding fiscal years, subject to the
reprogramming procedures described in section 605 of this Act.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution of
crimes against the United States; including purchase for
police-type use of not to exceed 2,706 passenger motor
vehicles, of which 1,945 will be for replacement only, without
regard to the general purchase price limitation for the current
fiscal year, and hire of passenger motor vehicles; acquisition,
lease, maintenance, and operation of aircraft; and not to
exceed $70,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney
General; $2,451,361,000, 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 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;
$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 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 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 and deportation
proceedings: Provided, That amounts not required for asylum
processing provided under the expeditious deportation of denied
asylum applicants shall also be available for other deportation
program activities.
construction
For planning, construction, renovation, equipping, and
maintenance of buildings and facilities necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, not
otherwise provided for, $9,841,000, to remain available until
expended.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation,
and maintenance of Federal penal and correctional institutions,
including purchase (not to exceed 836, of which 572 are for
replacement only) and hire of law enforcement and passenger
motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign
governments; $2,768,316,000: Provided, That the Attorney
General may transfer to the Health Resources and Services
Administration such amounts as may be necessary for direct
expenditures by that Administration for medical relief for
inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System (FPS), where necessary, may enter into contracts with a
fiscal agent/fiscal intermediary claims processor to determine
the amounts payable to persons who, on behalf of the FPS,
furnish health services to individuals committed to the custody
of the FPS: Provided further, That uniforms may be purchased
without regard to the general purchase price limitation for the
current fiscal year: Provided further, That not to exceed
$6,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$90,000,000 for the activation of new facilities shall remain
available until September 30, 1998: Provided further, That of
the amounts provided for Contract Confinement, not to exceed
$20,000,000 shall remain available until expended to make
payments in advance for grants, contracts and reimbursable
agreements, and other expenses authorized by section 501(c) of
the Refugee Education Assistance Act of 1980, as amended, for
the care and security in the United States of Cuban and Haitian
entrants: Provided further, That notwithstanding section 4(d)
of the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS may
enter into contracts and other agreements with private entities
for periods of not to exceed 3 years and 7 additional option
years for the confinement of Federal prisoners: Provided
further, That the National Institute of Corrections hereafter
shall be included in the FPS Salaries and Expenses budget, in
the Contract Confinement program and shall continue to perform
its current functions under 18 U.S.C. 4351, et seq., with the
exception of its grant program and shall collect reimbursement
for services whenever possible: Provided further, That any
unexpended balances available to the ``National Institute of
Corrections'' account shall be credited to and merged with this
appropriation, to remain available until expended.
violent crime reduction programs
For substance abuse treatment in Federal prisons as
authorized by section 32001(e) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322), as amended,
$25,224,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund.
buildings and facilities
For planning, acquisition of sites and construction of
new facilities; leasing the Oklahoma City Airport Trust
Facility; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities at
existing penal and correctional institutions, including all
necessary expenses incident thereto, by contract or force
account; $395,700,000, to remain available until expended, of
which not to exceed $14,074,000 shall be available to construct
areas for inmate work programs: Provided, That labor of United
States prisoners may be used for work performed under this
appropriation: Provided further, That not to exceed 10 percent
of the funds appropriated to ``Buildings and Facilities'' in
this Act or any other Act may be transferred to ``Salaries and
Expenses'', Federal Prison System, upon notification by the
Attorney General to the Committees on Appropriations of the
House of Representatives and the Senate in compliance with
provisions set forth in section 605 of this Act: Provided
further, That of the total amount appropriated, not to exceed
$36,570,000 shall be available for the renovation and
construction of United States Marshals Service prisoner-holding
facilities.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with the
law, and to make such contracts and commitments, without regard
to fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for
such corporation, including purchase of (not to exceed five for
replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,042,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of claims,
and expenditures which the said accounting system requires to
be capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses
in connection with acquisition, construction, operation,
maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or
in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, and the Missing
Children's Assistance Act, as amended, including salaries and
expenses in connection therewith, and with the Victims of Crime
Act of 1984, as amended, $101,429,000, to remain available
until expended, as authorized by section 1001 of title I of the
Omnibus Crime Control and Safe Streets Act, as amended by
Public Law 102-534 (106 Stat. 3524).
For an additional amount, $17,000,000, to remain
available until expended; of which $5,000,000 shall be for
Local Firefighter and Emergency Services Training Grants as
authorized by section 819 of the Antiterrorism and Effective
Death Penalty Act of 1996 (``the Antiterrorism Act''); of which
$10,000,000 shall be for development of counterterrorism
technologies to help State and local law enforcement combat
terrorism, as authorized by section 821 of the Antiterrorism
Act; of which $2,000,000 shall be for specialized multi-agency
response training: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount not previously designated by the President as
an emergency requirement shall be available only to the extent
an official budget request, for a specific dollar amount that
includes designation of the entire amount of the request as an
emergency requirement, as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted to Congress.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended, for State and
Local Narcotics Control and Justice Assistance Improvements,
notwithstanding the provisions of section 511 of said Act,
$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 (``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
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 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'' 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 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. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 104 intended to address the philosophical beliefs of
individual employees of the Bureau of Prisons.
Sec. 106. Notwithstanding any other provision of law, not
to exceed $10,000,000 of the funds made available in this Act
may be used to establish and publicize a program under which
publicly-advertised, extraordinary rewards may be paid, which
shall not be subject to spending limitations contained in
sections 3059 and 3072 of title 18, United States Code:
Provided, That any reward of $100,000 or more, up to a maximum
of $2,000,000, may not be made without the personal approval of
the President or the Attorney General and such approval may not
be delegated.
Sec. 107. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act, including those derived from the
Violent Crime Reduction Trust Fund, may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation except in compliance with the
procedures set forth in that section.
Sec. 108. Section 524(c)(8)(E) of title 28, United States
Code, is amended by striking the year in the date therein
contained and replacing the same with ``1996''.
Sec. 109. (a) Section 1930(a) of title 28, United States
Code, is amended in paragraph (3), by inserting ``$'' before
``800'', and in paragraph (6), by striking everything after
``total less than $15,000;'' and inserting in lieu thereof:
``$500 for each quarter in which disbursements total $15,000 or
more but less than $75,000; $750 for each quarter in which
disbursements total $75,000 or more but less than $150,000;
$1,250 for each quarter in which disbursements total $150,000
or more but less than $225,000; $1,500 for each quarter in
which disbursements total $225,000 or more but less than
$300,000; $3,750 for each quarter in which disbursements total
$300,000 or more but less than $1,000,000; $5,000 for each
quarter in which disbursements total $1,000,000 or more but
less than $2,000,000; $7,500 for each quarter in which
disbursements total $2,000,000 or more but less than
$3,000,000; $8,000 for each quarter in which disbursements
total $3,000,000 or more but less than $5,000,000; $10,000 for
each quarter in which disbursements total $5,000,000 or more.
The fee shall be payable on the last day of the calendar month
following the calendar quarter for which the fee is owed.''.
(b) Section 589a of title 28, United States Code, is
amended to read as follows:
``Sec. 589a. United States Trustee System Fund
``(a) There is hereby established in the Treasury of the
United States a special fund to be known as the `United States
Trustee System Fund' (hereinafter in this section referred to
as the `Fund'). Monies in the Fund shall be available to the
Attorney General without fiscal year limitation in such amounts
as may be specified in appropriations Acts for the following
purposes in connection with the operations of United States
trustees--
``(1) salaries and related employee benefits;
``(2) travel and transportation;
``(3) rental of space;
``(4) communication, utilities, and miscellaneous
computer charges;
``(5) security investigations and audits;
``(6) supplies, books, and other materials for
legal research;
``(7) furniture and equipment;
``(8) miscellaneous services, including those
obtained by contract; and
``(9) printing.
``(b) For the purpose of recovering the cost of services
of the United States Trustee System, there shall be deposited
as offsetting collections to the appropriation `United States
Trustee System Fund', to remain available until expended, the
following--
``(1) 23.08 percent of the fees collected under
section 1930(a)(1) of this title;
``(2) one-half of the fees collected under section
1930(a)(3) of this title;
``(3) one-half of the fees collected under section
1930(a)(4) of this title;
``(4) one-half of the fees collected under section
1930(a)(5) of this title;
``(5) 100 percent of the fees collected under
section 1930(a)(6) of this title;
``(6) three-fourths of the fees collected under the
last sentence of section 1930(a) of this title;
``(7) the compensation of trustees received under
section 330(d) of title 11 by the clerks of the
bankruptcy courts; and
``(8) excess fees collected under section 586(e)(2)
of this title.
``(c) Amounts in the Fund which are not currently needed
for the purposes specified in subsection (a) shall be kept on
deposit or invested in obligations of, or guaranteed by, the
United States.
``(d) The Attorney General shall transmit to the
Congress, not later than 120 days after the end of each fiscal
year, a detailed report on the amounts deposited in the Fund
and a description of expenditures made under this section.
``(e) There are authorized to be appropriated to the Fund
for any fiscal year such sums as may be necessary to supplement
amounts deposited under subsection (b) for the purposes
specified in subsection (a).''.
(c) Notwithstanding any other provision of law or of this
Act, the amendments to 28 U.S.C. 589a made by subsection (b) of
this section shall take effect upon enactment of this Act.
(d) Section 101(a) of Public Law 104-91, as amended by
section 211 of Public Law 104-99, is further amended by
inserting ``: Provided further, That, notwithstanding any other
provision of law, the fees under 28 U.S.C. 1930(a)(6) shall
accrue and be payable from and after January 27, 1996, in all
cases (including, without limitation, any cases pending as of
that date), regardless of confirmation status of their plans''
after ``enacted into law''.
Sec. 110. Public Law 103-414 (108 Stat. 4279) is amended
by inserting at its conclusion a new title IV, as follows:
``TITLE IV--TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS
``SEC. 401. DEPARTMENT OF JUSTICE TELECOMMUNICATIONS CARRIER COMPLIANCE
FUND.
``(a) Establishment of Fund.--There is hereby established
in the United States Treasury a fund to be known as the
Department of Justice Telecommunications Carrier Compliance
Fund (hereafter referred to as `the Fund'), which shall be
available without fiscal year limitation to the Attorney
General for making payments to telecommunications carriers,
equipment manufacturers, and providers of telecommunications
support services pursuant to section 109 of this Act.
``(b) Deposits to the Fund.--Notwithstanding any other
provision of law, any agency of the United States with law
enforcement or intelligence responsibilities may deposit as
offsetting collections to the Fund any unobligated balances
that are available until expended, upon compliance with any
Congressional notification requirements for reprogramming 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.''.
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;
``(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. 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 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''; and
(c) striking ``such employee'' and inserting ``the
independent counsel'' and ``the division of the
court''.
Sec. 119. This section may 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--
``(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 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. 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--
(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
proposal 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. 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''.
Sec. 121. This section may be cited as the ``Child
Pornography Prevention Act of 1996''.
Subsection 1. 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, 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'';
(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 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.''.
(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, or 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 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 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. 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''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $21,449,000, of which $2,500,000
shall remain available until expended: Provided, That not to
exceed $98,000 shall be available for official reception and
representation expenses.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$2,500 for official reception and representation expenses,
$40,850,000, to remain available until expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and engaging
in trade promotional activities abroad, including expenses of
grants and cooperative agreements for the purpose of promoting
exports of United States firms, without regard to 44 U.S.C.
3702 and 3703; full medical coverage for dependent members of
immediate families of employees stationed overseas and
employees temporarily posted overseas; travel and
transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard to
49 U.S.C. 1517; employment of Americans and aliens by contract
for services; rental of space abroad for periods not exceeding
ten years, and expenses of alteration, repair, or improvement;
purchase or construction of temporary demountable exhibition
structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when
such claims arise in foreign countries; not to exceed $327,000
for official representation expenses abroad; purchase of
passenger motor vehicles for official use abroad, not to exceed
$30,000 per vehicle; obtain insurance on official motor
vehicles; and rent tie lines and teletype equipment;
$270,000,000, to remain available until expended: Provided,
That the provisions of the first sentence of section 105(f) and
all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4912); and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act shall include payment for assessments
for services provided as part of these activities.
Export Administration
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; rental of
space abroad for periods not exceeding ten years, and expenses
of alteration, repair, or improvement; payment of tort claims,
in the manner authorized in the first paragraph of 28 U.S.C.
2672 when such claims arise in foreign countries; not to exceed
$15,000 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act
of 1979, and as authorized by 22 U.S.C. 401(b); purchase of
passenger motor vehicles for official use and motor vehicles
for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation
otherwise established by law; $36,000,000, to remain available
until expended: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these
activities: Provided further, That payments and contributions
collected and accepted for materials or services provided as
part of such activities may be retained for use in covering the
cost of such activities, and for providing information to the
public with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments.
For an additional amount for nonproliferation efforts to
prevent illegal exports of chemical weapon precursors,
biological agents, nuclear weapons and missile development
equipment, $3,900,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as
provided by the Public Works and Economic Development Act of
1965, as amended, Public Law 91-304, and such laws that were in
effect immediately before September 30, 1982, and for trade
adjustment assistance, $328,500,000: Provided, That none of the
funds appropriated or otherwise made available under this
heading may be used directly or indirectly for attorneys' or
consultants' fees in connection with securing grants and
contracts made by the Economic Development Administration:
Provided further, That, notwithstanding any other provision of
law, the Secretary of Commerce may provide financial assistance
for projects to be located on military installations closed or
scheduled for closure or realignment to grantees eligible for
assistance under the Public Works and Economic Development Act
of 1965, as amended, without it being required that the grantee
have title or ability to obtain a lease for the property, for
the useful life of the project, when in the opinion of the
Secretary of Commerce, such financial assistance is necessary
for the economic development of the area: Provided further,
That the Secretary of Commerce may, as the Secretary considers
appropriate, consult with the Secretary of Defense regarding
the title to land on military installations closed or scheduled
for closure or realignment.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$20,036,000: Provided, That these funds may be used to monitor
projects approved pursuant to title I of the Public Works
Employment Act of 1976, as amended, title II of the Trade Act
of 1974, as amended, and the Community Emergency Drought Relief
Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and other
agreements with public or private organizations, $28,000,000:
Provided, That of the total amount provided, $2,000,000 shall
be available for obligation and expenditure only for projects
jointly developed, implemented and administered with the Small
Business Administration.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $45,900,000, to remain available until September 30,
1998.
economics and statistics administration revolving fund
The Secretary of Commerce is authorized to disseminate
economic and statistical data products as authorized by
sections 1, 2, and 4 of Public Law 91-412 (15 U.S.C. 1525-1527)
and, notwithstanding section 5412 of the Omnibus Trade and
Competitiveness Act of 1988 (15 U.S.C. 4912), charge fees
necessary to recover the full costs incurred in their
production. Notwithstanding 31 U.S.C. 3302, receipts received
from these data dissemination activities shall be credited to
this account, to be available for carrying out these purposes
without further appropriation.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $135,000,000.
periodic censuses and programs
For expenses necessary to collect and publish statistics
for periodic censuses and programs provided for by law,
$210,500,000, to remain available until expended.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(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 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: 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, That notwithstanding the
time limitations imposed by 15 U.S.C. 278k(c) (1) and (5) on
the duration of Federal financial assistance that may be
awarded by the Secretary of Commerce to Regional Centers for
the transfer of Manufacturing Technology (``Centers''), such
Federal financial assistance for a Center may continue beyond
six years and may be renewed for additional periods, not to
exceed one year, 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; 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.
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 vessel that will increase the harvesting capacity in
any United States fishery.
General Administration
salaries and expenses
For expenses necessary for the general administration of
the Department of Commerce provided for by law, including not
to exceed $3,000 for official entertainment, $28,490,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended (5 U.S.C. App. 1-11 as amended by Public Law
100-504), $20,140,000.
National Institute of Standards and Technology
construction of research facilities
(rescission)
Of the obligated and unobligated balances available under
this heading, $16,000,000 are rescinded.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(rescission)
Of the unobligated balances available under this heading,
$20,000,000 are rescinded.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary that such payments are
in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344;
services as authorized by 5 U.S.C. 3109; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 203. None of the funds made available by this Act
may be used to support the hurricane reconnaissance aircraft
and activities that are under the control of the United States
Air Force or the United States Air Force Reserve.
Sec. 204. None of the funds provided in this or any
previous Act, or hereinafter made available to the Department
of Commerce, shall be available to reimburse the Unemployment
Trust Fund or any other fund or account of the Treasury to pay
for any expenses paid before October 1, 1992, as authorized by
section 8501 of title 5, United States Code, for services
performed after April 20, 1990, by individuals appointed to
temporary positions within the Bureau of the Census for
purposes relating to the 1990 decennial census of population.
Sec. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 206. (a) Should legislation be enacted to dismantle
or reorganize the Department of Commerce, the Secretary of
Commerce, no later than 90 days thereafter, shall submit to the
Committees on Appropriations of the House and the Senate a plan
for transferring funds provided in this Act to the appropriate
successor organizations: Provided, That the plan shall include
a proposal for transferring or rescinding funds appropriated
herein for agencies or programs terminated under such
legislation: Provided further, That such plan shall be
transmitted in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of
any successor organization(s) may use any available funds to
carry out legislation dismantling or reorganizing the
Department of Commerce to cover the costs of actions relating
to the abolishment, reorganization, or transfer of functions
and any related personnel action, including voluntary
separation incentives if authorized by such legislation:
Provided, That the authority to transfer funds between
appropriations accounts that may be necessary to carry out this
section is provided in addition to authorities included under
section 205 of this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 207. Any costs incurred by a Department or agency
funded under this title resulting from personnel actions taken
in response to funding reductions included in this title shall
be absorbed within the total budgetary resources available to
such Department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be
necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further,
That use of funds to carry out this section shall be treated as
a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedure set forth in that section.
Sec. 208. None of the funds appropriated under this Act
or any other Act henceforth may be used to develop new fishery
management plans, amendments, or regulations which create new
individual fishing quota programs (whether such quotas are
transferable or not) 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 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. 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. (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) 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''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance, and
operation of an automobile for the Chief Justice, not to exceed
$10,000 for the purpose of transporting Associate Justices, and
hire of passenger motor vehicles as authorized by 31 U.S.C.
1343 and 1344; not to exceed $10,000 for official reception and
representation expenses; and for miscellaneous expenses, to be
expended as the Chief Justice may approve; $27,157,000.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
him by the Act approved May 7, 1934 (40 U.S.C. 13a-13b),
$2,800,000, of which $260,000 shall remain available until
expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other
officers and employees, and for necessary expenses of the
court, as authorized by law, $15,013,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges,
salaries of the officers and employees of the court, services
as authorized by 5 U.S.C. 3109, and necessary expenses of the
court, as authorized by law, $11,114,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
(including transfer of funds)
For the salaries of circuit and district judges
(including judges of the territorial courts of the United
States), justices and judges retire from office or from regular
active service, judges of the United States Court of Federal
Claims, bankruptcy judges, magistrate judges, and all other
officers and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,556,000,000 (including the
purchase of firearms and ammunition); of which not to exceed
$13,454,000 shall remain available until expended for space
alteration projects; of which $500,000 shall be transferred to
the Commission on Structural Alternatives for the Federal
Courts of Appeals only after legislation is enacted to
establish the Commission; of which not to exceed $10,000,000
shall remain available until expended for furniture and
furnishings related to new space alteration and construction
projects; and of which $500,000 is to remain available until
expended for acquisition of books, periodicals, and newspapers,
and all other legal reference materials, including
subscriptions.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$2,390,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
For an additional amount for expenses relating to
additional workload from the Antiterrorism and Effective Death
Penalty Act of 1996, and for Court Security needs, $10,000,000,
to remain available until expended: Provided, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the amount not previously designated by the
President as an emergency requirement shall be available only
to the extent an official budget request, for a specific dollar
amount that includes designation of the entire amount of the
request as an emergency requirement, as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted to Congress.
violent crime reduction programs
For activities of the Federal Judiciary as authorized by
law, $30,000,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust Fund,
as authorized by section 190001(a) of Public Law 103-322.
defender services
For the operation of Federal Public Defender and
Community Defender organizations; the compensation and
reimbursement of expenses of attorneys appointed to represent
persons under the Criminal Justice Act of 1964, as amended; the
compensation and reimbursement of expenses of persons
furnishing investigative, expert and other services under the
Criminal Justice Act (18 U.S.C. 3006A(e)); the compensation (in
accordance with Criminal Justice Act maximums) and
reimbursement of expenses of attorneys appointed to assist the
court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement
of travel expenses of guardians ad litem acting on behalf of
financially eligible minor or incompetent offenders in
connection with transfers from the United States to foreign
countries with which the United States has a treaty for the
execution of penal sentences; and the compensation of attorneys
appointed to represent jurors in civil actions for the
protection of their employment, as authorized by 28 U.S.C.
1875(d); $308,000,000, to remain available until expended as
authorized by 18 U.S.C. 3006A(i).
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28
U.S.C. 1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of commissioners
appointed in condemnation cases pursuant to rule 71A(h) of the
Federal Rules of Civil Procedure (28 U.S.C. Appendix Rule
71A(h)); $67,000,000, to remain available until expended:
Provided, That the compensation of land commissioners shall not
exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
court security
For necessary expenses, not otherwise provided for,
incident to the procurement, installation, and maintenance of
security equipment and protective services for the United
States Courts in courtrooms and adjacent areas, including
building ingress-egress control, inspection of packages,
directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702); $127,000,000, to be
expended directly or transferred to the United States Marshals
Service which shall be responsible for administering elements
of the Judicial Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of
the United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $49,450,000, of
which not to exceed $7,500 is authorized for official reception
and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $17,495,000; of which
$1,800,000 shall remain available through September 30, 1998,
to provide education and training to Federal court personnel;
and of which not to exceed $1,000 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $21,000,000, to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$7,300,000, and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$1,900,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$8,490,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Appropriations made in this title shall be
available for salaries and expenses of the Special Court
established under the Regional Rail Reorganization Act of 1973,
Public Law 93-236.
Sec. 303. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary in
this Act may be transferred between such appropriations, but no
such appropriation, except ``Courts of Appeals, District
Courts, and other Judicial Services, Defender Services'' and
``Courts of Appeals, District Courts, and other Judicial
Services, Fees of Jurors and Commissioners'', shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 304. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts, courts
of appeals, and other judicial services shall be available for
official reception and representation expenses of the Judicial
Conference of the United States: Provided, That such available
funds shall not exceed $10,000 and shall be administered by the
Director of the Administrative Office of the United States
Courts in his capacity as Secretary of the Judicial Conference.
Sec. 305. Section 612(l) of title 28, United States Code,
shall be amended as follows: strike ``1997'', and insert in
lieu thereof ``1998''.
Sec. 306. None of the funds available to the Judiciary in
fiscal years 1996 and 1997 and hereafter shall be available for
expenses authorized pursuant to section 802(a) of title VIII of
section 101(a) of title I of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996, Public Law 104-134,
for costs related to the appointment of Special Masters prior
to April 26, 1996.
Sec. 307. 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''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including expenses
authorized by the State Department Basic Authorities Act of
1956, as amended; representation to certain international
organizations in which the United States participates pursuant
to treaties, ratified pursuant to the advice and consent of the
Senate, or specific Acts of Congress; acquisition by exchange
or purchase of passenger motor vehicles as authorized by 31
U.S.C. 1343, 40 U.S.C. 481(c) and 22 U.S.C. 2674; and for
expenses of general administration; $1,700,450,000: Provided,
That notwithstanding section 140(a)(5), and the second sentence
of section 140(a)(3), of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236), not to
exceed $150,000,000 of fees may be collected during fiscal year
1997 under the authority of section 140(a)(1) of that Act:
Provided further, That all fees collected under the preceding
proviso shall be deposited in fiscal year 1997 as an offsetting
collection to appropriations made under this heading to recover
the costs of providing consular services and shall remain
available until expended: Provided further, That in fiscal year
1998, a system shall be in place that allocates to each
department and agency the full cost of its presence outside of
the United States.
Of the funds provided under this heading, $24,856,000
shall be available only for the Diplomatic Telecommunications
Service for operation of existing base services and not to
exceed $17,230,000 shall be available only for the enhancement
of the Diplomatic Telecommunications Service and shall remain
available until expended. Of the latter amount, $2,500,000
shall not be made available until expiration of the 15 day
period beginning on the date when the Secretary of State and
the Director of the Diplomatic Telecommunications Service
submit the pilot program report required by section 507 of
Public Law 103-317.
In addition, not to exceed $700,000 in registration fees
collected pursuant to section 38 of the Arms Export Control
Act, as amended, may be used in accordance with section 45 of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2717); and in addition not to exceed $1,223,000 shall be
derived from fees collected from other executive agencies for
lease or use of facilities located at the International Center
in accordance with section 4 of the International Center Act
(Public Law 90-553), as amended, and in addition, as authorized
by section 5 of such Act $450,000, to be derived from the
reserve authorized by that section, to be used for the purposes
set out in that section; and in addition not to exceed $15,000
which shall be derived from reimbursements, surcharges, and
fees for use of Blair House facilities in accordance with
section 46 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to exceed 20
percent of the amounts made available in this Act in the
appropriation accounts ``Diplomatic and Consular Programs'' and
``Salaries and Expenses'' under the heading ``Administration of
Foreign Affairs'' may be transferred between such appropriation
accounts: Provided, That any transfer pursuant to this sentence
shall be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
For an additional amount for counterterrorism
requirements overseas, including security guards and equipment,
$23,700,000, to remain available until expended: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
salaries and expenses
For expenses necessary for the general administration of
the Department of State and the Foreign Service, provided for
by law, including expenses authorized by section 9 of the Act
of August 31, 1964, as amended (31 U.S.C. 3721), and the State
Department Basic Authorities Act of 1956, as amended,
$352,300,000.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$24,600,000, to remain available until expended, as authorized
in Public Law 103-236: Provided, That section 135(e) of Public
Law 103-236 shall not apply to funds appropriated under this
heading.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended (5 U.S.C. App.), $27,495,000, notwithstanding
section 209(a)(1) of the Foreign Service Act of 1980, as
amended (Public Law 96-465), as it relates to post inspections:
Provided, That notwithstanding any other provision of law, the
merger of the Office of 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 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.
International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to
meet annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions
or specific Acts of Congress, $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 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 expenses, not otherwise provided for, to
meet obligations of the United States arising under treaties,
or specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of
the International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$15,490,000.
construction
For detailed plan preparation and construction of
authorized projects, $6,463,000, to remain available until
expended, as authorized by section 24(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)).
american sections, international commissions
For necessary expenses, not otherwise provided for the
International Joint Commission and the international Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized by
Public Law 103-182; $5,490,000, of which not to exceed $9,000
shall be available for representation expenses incurred by the
International Joint Commission.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$14,549,000: Provided, That the United States' share of such
expenses may be advanced to the respective commissions,
pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by
section 501 of Public Law 101-246, $8,000,000, to remain
available until expended, as authorized by section 24(c) of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2696(c)).
RELATED AGENCIES
Arms Control and Disarmament Agency
arms control and disarmament activities
For necessary expenses not otherwise provided, for arms
control, nonproliferation, and disarmament activities,
$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, 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-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. 1747(3)), not to exceed $35,000 may
be used for representation abroad as authorized by section 302
of such Act of 1948 (22 U.S.C. 1452) and section 905 of the
Foreign Service Act of 1980 (22 U.S.C. 4085), and not to exceed
$39,000 may be used for official reception and representation
expenses of Radio Free Europe/Radio Liberty; and in addition,
not to exceed $250,000 from fees as authorized by section 810
of such Act of 1948 (22 U.S.C. 1475e), to remain available
until expended for carrying out authorized purposes; and in
addition, notwithstanding any other provision of law, not to
exceed $1,000,000 in monies received (including receipts from
advertising, if any) by or for the use of the United States
Information Agency from or in connection with broadcasting
resources owned by or on behalf of the Agency, to be available
until expended for carrying out authorized purposes.
broadcasting to cuba
For expenses necessary to enable the United States
Information Agency to carry out the Radio Broadcasting to Cuba
Act, as amended, the Television Broadcasting to Cuba Act, and
the International Broadcasting Act of 1994, including the
purchase, rent, construction, and improvement of facilities for
radio and television transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception, $25,000,000, to remain
available until expended.
radio construction
For the purchase, rent, construction, and improvement of
facilities for radio transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception as authorized by section
801 of the United States Information and Educational Exchange
Act of 1948 (22 U.S.C. 1471), $35,490,000, to remain available
until expended, as authorized by section 704(a) of such Act of
1948 (22 U.S.C. 1477b(a)).
east-west center
To enable the Director of the United States Information
Agency to provide for carrying out the provisions of the Center
for Cultural and Technical Interchange Between East and West
Act of 1960 (22 U.S.C. 2054-2057), by grant to the Center for
Cultural and Technical Interchange Between East and West in the
State of Hawaii, $10,000,000: Provided, that none of the funds
appropriated herein shall be used to pay any salary, or enter
into any contract providing for the payment thereof, in excess
of the rate authorized by 5 U.S.C. 5376.
north/south center
To enable the Director of the United States Information
Agency to provide for carrying out the provisions of the North/
South Center Act of 1991 (22 U.S.C. 2075), by grant to an
educational institution in Florida known as the North/South
Center, $1,495,000, to remain available until expended.
national endowment for democracy
For grants made by the United States Information Agency
to the National Endowment for Democracy as authorized by the
National Endowment for Democracy Act, $30,000,000, to remain
available until expended.
General Provisions--Department of State and Related Agencies
Sec. 401. Funds appropriated under this title shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of 5 U.S.C.; for
services as authorized by 5 U.S.C. 3109; and hire of passenger
transportation pursuant to 31 U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of State in this Act may be transferred between such
appropriations, but no such appropriations, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That not to exceed 5
percent of any appropriation made available for the current
fiscal year for the United States Information Agency in this
Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers:
Provided further, That any transfer pursuant to this section
shall be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
Sec. 403. Funds hereafter appropriated or otherwise made
available under this Act or any other Act may be expended for
compensation of the United States Commissioner of the
International Boundary Commission, United States and Canada,
only for actual hours worked by such Commissioner.
Sec. 404. Funds appropriated by this Act for the United
States Information Agency, the Arms Control and Disarmament
Agency, and the Department of State may be obligated and
expended notwithstanding section 701 of the United States
Information and Educational Exchange Act of 1948 and section
313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995, section 53 of the Arms Control and Disarmament
Act, and section 15 of the State Department Basic Authorities
Act of 1956.
Sec. 405. Any costs incurred by a Department or agency
funded under this title resulting from personnel actions taken
in response to funding reductions included in this title shall
be absorbed within the total budgetary resources available to
such Department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be
necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further,
That use of funds to carry out this section shall be treated as
a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
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.
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.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $8,740,000:
Provided, That not to exceed $50,000 may be used to employ
consultants: Provided further, That none of the funds
appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the Chairperson who is permitted 125 billable
days.
Commission on Immigration Reform
salaries and expenses
For necessary expenses of the Commission on Immigration
Reform pursuant to section 141(f) of the Immigration Act of
1990, $2,196,000, to remain available until expended.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$1,090,000, to remain available until expended as authorized by
section 3 of Public Law 99-7.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment
Opportunity Commission as authorized by title VII of the Civil
Rights Act of 1964, as amended (29 U.S.C. 206(d) and 621-634),
the Americans with Disabilities Act of 1990, and the Civil
Rights Act of 1991, including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by
31 U.S.C. 1343(b); non-monetary awards to private citizens; not
to exceed $27,500,000, for payments to State and local
enforcement agencies for services to the Commission pursuant to
title VII of the Civil Rights Act of 1964, as amended, sections
6 and 14 of the Age Discrimination in Employment Act, the
Americans with Disabilities Act of 1990, and the Civil Rights
Act of 1991; $239,740,000: Provided, That the Commission is
authorized to make available for official reception and
representation expenses not to exceed $2,500 from available
funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-02; not to
exceed $600,000 for land and structure; not to exceed $500,000
for improvement and care of grounds and repair to buildings;
not to exceed $4,000 for official reception and representation
expenses; purchase (not to exceed sixteen) and hire of motor
vehicles; special counsel fees; and services as authorized by 5
U.S.C. 3109; $189,079,000, of which not to exceed $300,000
shall remain available until September 30, 1998, for research
and policy studies: Provided, That $152,523,000 of offsetting
collections shall be assessed and collected pursuant to section
9 of title I of the Communications Act of 1934, as amended, and
shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 1997 so as to result in a final fiscal year 1997
appropriation estimated at $36,556,000: Provided further, That
any offsetting collections received in excess of $152,523,000
in fiscal year 1997 shall remain available until expended, but
shall not be available for obligation until October 1, 1997.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act of
1936, as amended (46 App. U.S.C. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-02; $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 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 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.
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
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
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 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 shall remain available until September 30,
1998: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That during
fiscal year 1997, commitments to guarantee loans under section
503 of the Small Business Investment Act of 1958, as amended,
shall not exceed the amount of financings authorized under
section 20(n)(2)(B) of the Small Business Act, as amended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $94,000,000, which may be
transferred to and merged with the appropriations for Salaries
and Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b)
of the Small Business Act, as amended, $105,432,000, to remain
available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the
direct loan program, $86,500,000, including not to exceed
$500,000 for the Office of Inspector General of the Small
Business Administration for audits and reviews of disaster
loans and the disaster loan program, and said sums may be
transferred to and merged with appropriations for Salaries and
Expenses and Office of Inspector General.
surety bond guarantees revolving fund
For additional capital for the ``Surety Bond Guarantees
Revolving Fund'', authorized by the Small Business Investment
Act, as amended, $3,730,000, to remain available without fiscal
year limitation as authorized by 15 U.S.C. 631 note.
administrative provision--small business administration
Sec. 504. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred between
such appropriations, but no such appropriation shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of
1992 (Public Law 102-572 (106 Stat. 4515-4516)), $6,000,000, to
remain available until expended: Provided, That not to exceed
$2,500 shall be available for official reception and
representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application
of such provision to any person or circumstances shall be held
invalid, the remainder of the Act and the application of each
provision to persons or circumstances other than those as to
which it is held invalid shall not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act,
or provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 1997, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds which (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel
by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or
employees; (5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions, or activities
presently performed by Federal employees; unless the
Appropriations Committees of both Houses of Congress are
notified fifteen days in advance of such reprogramming of
funds.
(b) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 1997, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by
Congress; unless the Appropriations Committees of both Houses
of Congress are notified fifteen days in advance of such
reprogramming of funds.
Sec. 606. None of the funds made available in this Act
may be used for the construction, repair (other than emergency
repair), overhaul, conversion, or modernization of vessels for
the National Oceanic and Atmospheric Administration in
shipyards located outside of the United States.
Sec. 607. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial
assistance to, or entering into any contract with, any entity
using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made
in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely
Labeling Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Sec. 608. None of the funds made available in this Act
may be used to implement, administer, or enforce any guidelines
of the Equal Employment Opportunity Commission covering
harassment based on religion, when it is made known to the
Federal entity or official to which such funds are made
available that such guidelines do not differ in any respect
from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds appropriated or otherwise
made available by this Act may be obligated or expended to pay
for any cost incurred for (1) opening or operating any United
States diplomatic or consular post in the Socialist Republic of
Vietnam that was not operating on July 11, 1995; (2) expanding
any United States diplomatic or consular post in the Socialist
Republic of Vietnam that was operating on July 11, 1995; or (3)
increasing the total number of personnel assigned to United
States diplomatic or consular posts in the Socialist Republic
of Vietnam above the levels existing on July 11, 1995, unless
the President certifies within 60 days, based upon all
information available to the United States Government that the
Government of the Socialist Republic of Vietnam is cooperating
in full faith with the United States in the following four
areas:
(1) Resolving discrepancy cases, live sightings and
field activities,
(2) Recovering and repatriating American remains,
(3) Accelerating efforts to provide documents that
will help lead to fullest possible accounting of POW/
MIA's.
(4) Providing further assistance in implementing
trilateral investigations with Laos.
Sec. 610. None of the funds made available by this Act
may be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or
expend such funds (1) that the United Nations undertaking is a
peacekeeping mission, (2) that such undertaking will involve
United States Armed Forces under the command or operational
control of a foreign national, and (3) that the President's
military advisors have not submitted to the President a
recommendation that such involvement is in the national
security interests of the United States and the President has
not submitted to the Congress such a recommendation.
Sec. 611. None of the funds made available in this Act
shall be used to provide the following amenities or personal
comforts in the Federal prison system--
(1) in-cell television viewing except for prisoners
who are segregated from the general prison population
for their own safety;
(2) the viewing of R, X, and NC-17 rated movies,
through whatever medium presented;
(3) any instruction (live or through broadcasts) or
training equipment for boxing, wrestling, judo, karate,
or other martial art, or any bodybuilding or
weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates
or heating elements; or
(5) the use or possession of any electric or
electronic musical instrument.
Sec. 612. None of the funds made available in title II
for the National Oceanic and Atmospheric Administration (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 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 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. 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 of 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.
(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.
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 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 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 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.
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 transfer from the National Defense Stockpile
Transaction Fund: Provided, That 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
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.
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
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.
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.
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 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; $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.
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.
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 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.
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 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 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. 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 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.
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-15 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;
M4 carbine rifles;
M240B machine guns; and
Arleigh Burke (DDG-15) class destroyers.
Sec. 8010. Within the funds appropriated 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 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 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 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
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: 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 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 supplies 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 of 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
appropriations 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
administrated 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.
(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 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.
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 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 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 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.
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. 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. 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, 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 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, analysis, 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. 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 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
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 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.
(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 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 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
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 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 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 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 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 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--
(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'':
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
adjustment, $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;
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. (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. 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-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 analysis 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 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 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, 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, 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 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 Employees
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 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) 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,
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 insection 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
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 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: 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;
``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 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
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,
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 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 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 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.
private and voluntary organizations
None of the funds 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 andswaps, 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 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.
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 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.
(d) None of 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 this 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 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.
(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.
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 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
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 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 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.
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 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
account 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.
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.
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 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 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 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 purpose 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 State 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 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
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, 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 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.
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 Committee 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: Economics
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.
reciprocal leasing
Sec. 524. Section 61(a) of the Arms 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. 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 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 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--
(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).
(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 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 national 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.
competitive pricing for sales of defense articles
Sec. 533A. Direct costs associated with meeting 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. 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.
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 Corp 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 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 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(c) 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 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 is 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.
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.
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.
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 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 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 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:
``Sec. 620I. 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.
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 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.
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--
(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 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. 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;
(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 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--
(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 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.''.
female genital mutilation
Sec. 579. (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.--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
(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. 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 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
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 cited as the
``Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997''.
TITLE VI--NATO ENLARGEMENT 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 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 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 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.
(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--
(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''.
TITLE VII--MIDDLE 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. 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. 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. 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. 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.--
(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 pursuantto
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 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 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 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 Congresssuch information as it shall deem
advisable with regard to the operations and effect of this section.
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 Making appropriations for the Department of the Interior, and
related agencies for the fiscal year ending September 30, 1997, and for
other purposes.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$572,164,000, to remain available until expended, of which
$2,010,000 shall be available for assessment of the mineral
potential of public lands in Alaska pursuant to section 1010 of
Public Law 96-487 (16 U.S.C. 3150); and of which $3,000,000
shall be derived from the special receipt account established
by the Land and Water Conservation Act of 1965, as amended (16
U.S.C. 460l-6a(i)); and of which $1,000,000 shall be available
in fiscal year 1997 subject to a match by at least an equal
amount by the National Fish and Wildlife Foundation, to such
Foundation for challenge cost share projects supporting fish
and wildlife conservation affecting Bureau lands; in addition,
$27,300,000 for Mining Law Administration program operations,
to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from
annual mining claim fees so as to result in a final
appropriation estimated at not more than $572,164,000; and in
addition, not to exceed $5,000,000, to remain available until
expended, from annual mining claim fees; which shall be
credited to this account for the costs of administering the
mining claim fee program, and $2,000,000 from communication
site rental fees established by the Bureau for the cost of
administering communication site activities: Provided, That
appropriations herein made shall not be available for the
destruction of healthy, unadopted, wild horses and burros in
the care of the Bureau or its contractors: Provided further,
That in fiscal year 1997 and thereafter, all fees, excluding
mining claim fees, in excess of the fiscal year 1996
collections established by the Secretary of the Interior under
the authority of 43 U.S.C. 1734 for processing, recording, or
documenting authorizations to use public lands or public land
natural resources (including cultural, historical, and mineral)
and for providing specific services to public land users, and
which are not presently being covered into any Bureau of Land
Management appropriation accounts, and not otherwise dedicated
by law for a specific distribution, shall be made immediately
available for program operations in this account and remain
available until expended.
wildland fire management
For necessary expenses for fire use and management, fire
preparedness, suppression operations, and emergency
rehabilitation by the Department of the Interior, $252,042,000,
to remain available until expended, of which not to exceed
$5,025,000 shall be for the renovation or construction of fire
facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes:
Provided further, That persons hired pursuant to 43 U.S.C. 1469
may be furnished subsistence and lodging without costs from
funds available from this appropriation: Provided further, That
unobligated balances of amounts previously appropriated to the
``Fire Protection'' and ``Emergency Department of the Interior
Firefighting Fund'' may be transferred to this appropriation.
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the remedial
action, including associated activities, of hazardous waste
substances, pollutants, or contaminants pursuant to the
Comprehensive Environmental Response, Compensation and
Liability Act, as amended (42 U.S.C. 9601 et seq.),
$12,000,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by
a party in advance of or as reimbursement for remedial action
or response activities conducted by the Department pursuant to
sections 107 or 113(f) of such Act, shall be credited to this
account to be available until expended without further
appropriation: Provided further, That such sums recovered from
or paid by any party are not limited to monetary payments and
may include stocks, bonds or other personal or real property,
which may be retained, liquidated, or otherwise disposed of by
the Secretary and which shall be credited to this account.
construction
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $4,333,000, to
remain available until expended.
payments in lieu of taxes
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901-07), $113,500,000, of which
not to exceed $400,000 shall be available for administrative
expenses.
land acquisition
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579 including administrative expenses
and acquisition of lands or waters, or interests therein,
$10,410,000, to be derived from the Land and Water Conservation
Fund, to remain available until expended.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein
including existing connecting roads on or adjacent to such
grant lands; $100,515,000, to remain available until expended:
Provided, That 25 per centum of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (50 Stat. 876).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 per centum of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral
leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$9,113,000, to remain available until expended: Provided, That
not to exceed $600,000 shall be available for administrative
expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act
(43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve,
protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the
action of a resource developer, purchaser, permittee, or any
unauthorized person, without regard to whether all moneys
collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any
such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of the Act of October 21, 1976
(43 U.S.C. 1701), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act,
to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for
solely on his certificate, not to exceed $10,000: Provided,
That notwithstanding 44 U.S.C. 501, the Bureau may, under
cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly-produced publications for which the
cooperators share the cost of printing either in cash or in
services, and the Bureau determines the cooperator is capable
of meeting accepted quality standards.
The Bureau of Land Management's Visitor Center in Rand,
Oregon is hereby named the ``William B. Smullin Visitor
Center''.
United States Fish and Wildlife Service
resource management
For expenses necessary for scientific and economic studies,
conservation, management, investigations, protection, and
utilization of fishery and wildlife resources, except whales,
seals, and sea lions, and for the performance of other
authorized functions related to such resources; for the general
administration of the United States Fish and Wildlife Service;
for maintenance of the herd of long-horned cattle on the
Wichita Mountains Wildlife Refuge; and not less than $1,000,000
for high priority projects within the scope of the approved
budget which shall be carried out by the Youth Conservation
Corps as authorized by the Act of August 13, 1970, as amended,
$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, pursuant to 31 U.S.C. 9701, the Secretary shall
charge reasonable fees for the full costs of providing training
by the National Education and Training Center, to be credited
to this account, notwithstanding 31 U.S.C. 3302, for the direct
costs of providing such training.
construction
For construction and acquisition of buildings and other
facilities required in the conservation, management,
investigation, protection, and utilization of fishery and
wildlife resources, and the acquisition of lands and interests
therein; $43,365,000 to remain available until expended.
natural resource damage assessment fund
To conduct natural resource damage assessment activities by
the Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601, et
seq.), Federal Water Pollution Control Act, as amended (33
U.S.C. 1251, et seq.), the Oil Pollution Act of 1990 (Public
Law 101-380), and Public Law 101-337; $4,000,000, to remain
available until expended.
land acquisition
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-
11), including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with
statutory authority applicable to the United States Fish and
Wildlife Service, $44,479,000, of which $3,000,000 is
authorized to be appropriated and shall be used to establish
the Clarks River National Wildlife Refuge in Kentucky, to be
derived from the Land and Water Conservation Fund, to remain
available until expended.
cooperative endangered species conservation fund
For expenses necessary to carry out the provisions of the
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as
amended, $14,085,000, for grants to States, to be derived from
the Cooperative Endangered Species Conservation Fund, and to
remain available until expended.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $10,779,000.
rewards and operations
For expenses necessary to carry out the provisions of the
African Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-
4213, 4221-4225, 4241-4245, and 1538), $1,000,000, to remain
available until expended.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, Public Law 101-233,
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 to which the United States has title, and
which are utilized pursuant to law in connection with
management and investigation of fish and wildlife resources:
Provided, That notwithstanding 44 U.S.C. 501, the Service may,
under cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly-produced publications for which the
cooperators share at least one-half the cost of printing either
in cash or services and the Service determines the cooperator
is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft as
replacements for existing aircraft: Provided further, That
notwithstanding any other provision of law, the Secretary of
the Interior may not spend any of the funds appropriated in
this Act for the purchase of lands or interests in lands to be
used in the establishment of any new unit of the National
Wildlife Refuge System unless the purchase is approved in
advance by the House and Senate Committees on Appropriations in
compliance with the reprogramming procedures contained in House
Report 103-551: Provided further, That section 101(c) of the
Omnibus Consolidated Rescissions and Appropriations Act of 1996
is amended in section 315(c)(1)(E) (110 Stat. 1321-201; 16
U.S.C. 460l-6a note) by striking ``distributed in accordance
with section 201(c) of the Emergency Wetlands Resources Act''
and inserting ``available to the Secretary of the Interior
until expended to be used in accordance with clauses (i), (ii),
and (iii) of section 201(c)(A) of the Emergency Wetlands
Resources Act of 1986 (16 U.S.C. 3911(c)(A))''.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including special road maintenance
service to trucking permittees on a reimbursable basis), and
for the general administration of the National Park Service,
including not to exceed $1,593,000 for the Volunteers-in-Parks
program, and not less than $1,000,000 for high priority
projects within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps as authorized by 16
U.S.C. 1706, $1,152,311,000, without regard to 16 U.S.C. 451,
of which $8,000,000 for research, planning and interagency
coordination in support of land acquisition for Everglades
restoration shall remain available until expended, and of which
not to exceed $72,000,000, to remain available until expended,
is to be derived from the special fee account established
pursuant to title V, section 5201, of Public Law 100-203.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, environmental compliance
and review, international park affairs, statutory or
contractual aid for other activities, and grant administration,
not otherwise provided for, $37,976,000.
historic preservation fund
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470),
$36,612,000, to be derived from the Historic Preservation Fund,
to remain available until September 30, 1998.
construction
For construction, improvements, repair or replacement of
physical facilities including the modifications authorized by
section 104 of the Everglades National Park Protection and
Expansion Act of 1989, $163,444,000, to remain available until
expended, of which $270,000 shall be used for appropriate fish
restoration projects not related to dam removal including
reimbursement to the State of Washington for emergency actions
taken to protect the 1996 run of fall chinook salmon on the
Elwha River: Provided, That funds previously provided under
this heading that had been made available to the City of Hot
Springs, Arkansas, to be used for a flood protection
feasibility study, are now made available to the City of Hot
Springs for the rehabilitation of the Federally-constructed Hot
Springs Creek Arch, including the portion within Hot Springs
National Park.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 1997 by 16
U.S.C. 460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-
11), including administrative expenses, and for acquisition of
lands or waters, or interest therein, in accordance with
statutory authority applicable to the National Park Service,
$53,915,000, to be derived from the Land and Water Conservation
Fund, to remain available until expended, of which $1,500,000
is to administer the State assistance program: Provided, That
any funds made available for the purpose of acquisition of the
Elwha and Glines dams shall be used solely for acquisition, and
shall not be expended until the full purchase amount has been
appropriated by the Congress: Provided further, That of the
funds provided herein, $9,000,000 is available for acquisition
of the Sterling Forest, subject to authorization.
administrative provisions
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 404 passenger motor
vehicles, of which 287 shall be for replacement only, including
not to exceed 320 for police-type use, 13 buses, and 6
ambulances: Provided, That none of the funds appropriated to
the National Park Service may be used to process any grant or
contract documents which do not include the text of 18 U.S.C.
1913: Provided further, That none of the funds appropriated to
the National Park Service may be used to implement an agreement
for the redevelopment of the southern end of Ellis Island until
such agreement has beensubmitted to the Congress and shall not
be implemented prior to the expiration of 30 calendar days (not
including any day in which either House of Congress is not in session
because of adjournment of more than three calendar days to a day
certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full and
comprehensive report on the development of the southern end of Ellis
Island, including the facts and circumstances relied upon in support of
the proposed project.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the
United Nations Biodiversity Convention.
The National Park Service may in fiscal year 1997 and
thereafter enter into cooperative agreements that involve the
transfer of National Park Service appropriated funds to State,
local and tribal governments, other public entities,
educational institutions, and private nonprofit organizations
for the public purpose of carrying out National Park Service
programs pursuant to 31 U.S.C. 6305 to carry out public
purposes of National Park Service programs.
Nothwithstanding any other provision of law, remaining
balances, including interest, from funds granted to the
National Park Foundation pursuant to the National Park System
Visitor Facilities Fund Act of 1983 (Public Law 97-433, 96
Stat. 2277) shall be available to the National Park Foundation
for expenditure in units of the National Park System for the
purpose of improving visitor facilities.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, and the mineral and
water resources of the United States, its Territories and
possessions, and other areas as authorized by 43 U.S.C. 31,
1332 and 1340; classify lands as to their mineral and water
resources; give engineering supervision to power permittees and
Federal Energy Regulatory Commission licensees; administer the
minerals exploration program (30 U.S.C. 641); and publish and
disseminate data relative to the foregoing activities; and to
conduct inquiries into the economic conditions affecting mining
and materials processing industries (30 U.S.C. 3, 21a, and
1603; 50 U.S.C. 98g(1)) and related purposes as authorized by
law and to publish and disseminate data; $738,913,000 of which
$64,559,000 shall be available only for cooperation with States
or municipalities for water resources investigations; and of
which $16,000,000 shall remain available until expended for
conducting inquiries into the economic conditions affecting
mining and materials processing industries; and of which
$137,500,000 shall be available until September 30, 1998 for
the biological research activity and the operation of the
Cooperative Research Units: Provided, That none of these funds
provided for the biological research activity shall be used to
conduct new surveys on private property, unless specifically
authorized in writing by the property owner: Provided further,
That beginning in fiscal year 1998 and once every five years
thereafter, the National Academy of Sciences shall review and
report on the biological research activity of the Survey:
Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping
or water resources data collection and investigations carried
on in cooperation with States and municipalities.
administrative provisions
The amount appropriated for the United States Geological
Survey shall be available for the purchase of not to exceed 53
passenger motor vehicles, of which 48 are for replacement only;
reimbursement to the General Services Administration for
security guard services; contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined that
such procedures are in the public interest; construction and
maintenance of necessary buildings and appurtenant facilities;
acquisition of lands for gauging stations and observation
wells; expenses of the United States National Committee on
Geology; and payment of compensation and expenses of persons on
the rolls of the Survey duly appointed to represent the United
States in the negotiation and administration of interstate
compacts: Provided, That activities funded by appropriations
herein made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in 31 U.S.C. 6302,
et seq.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other minerals
leases, permits, licenses and operating contracts; and for
matching grants or cooperative agreements; including the
purchase of not to exceed eight passenger motor vehicles for
replacement only; $156,955,000, of which not less than
$70,063,000 shall be available for royalty management
activities; and an amount not to exceed $41,000,000 for the
Technical Information Management System and activities of the
Outer Continental Shelf (OCS)Lands Activity, to be credited to
this appropriation and to remain available until expended, from
additions to receipts resulting from increases to rates in effect on
August 5, 1993, from rate increases to fee collections for OCS
administrative activities performed by the Minerals Management Service
over and above the rates in effect on September 30, 1993, and from
additional fees for OCS administrative activities established after
September 30, 1993: Provided, That $1,500,000 for computer acquisitions
shall remain available until September 30, 1998: Provided further, That
funds appropriated under this Act shall be available for the payment of
interest in accordance with 30 U.S.C. 1721 (b) and (d): Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities: Provided further, That notwithstanding any other provision
of law, $15,000 under this head shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Director of the Minerals Management Service concurred with the claimed
refund due, to pay amounts owed to Indian allottees or Tribes, or to
correct prior unrecoverable erroneous payments.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $6,440,000,
which shall be derived from the Oil Spill Liability Trust Fund,
to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public Law
95-87, as amended, including the purchase of not to exceed 10
passenger motor vehicles, for replacement only; $94,172,000,
and notwithstanding 31 U.S.C. 3302, an additional amount shall
be credited to this account, to remain available until
expended, from performance bond forfeitures in fiscal year
1997: Provided, That the Secretary of the Interior, pursuant to
regulations, may utilize directly or through grants to States,
moneys collected in fiscal year 1997 for civil penalties
assessed under section 518 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
adversely affected by coal mining practices after August 3,
1977, to remain available until expended: Provided further,
That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, including the purchase of not more than 10
passenger motor vehicles for replacement only, $177,085,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund
and to remain available until expended; of which up to
$4,000,000 shall be for supplemental grants to States for the
reclamation of abandoned sites with acid mine rock drainage
from coal mines through the Appalachian Clean Streams
Initiative: Provided, That grants to minimum program States
will be $1,500,000 per State in fiscal year 1997: Provided
further, That of the funds herein provided up to $18,000,000
may be used for the emergency program authorized by section 410
of Public Law 95-87, as amended, of which no more than 25 per
centum shall be used for emergency reclamation projects in any
one State and funds for federally-administered emergency
reclamation projects under this proviso shall not exceed
$11,000,000: Provided further, That prior year unobligated
funds appropriated for the emergency reclamation program shall
not be subject to the 25 per centum limitation per State and
may be used without fiscal year limitation for emergency
projects: Provided further, That pursuant to Public Law 97-365,
the Department of the Interior is authorized to use up to 20
per centum from the recovery of the delinquent debt owed to the
United States Government to pay for contracts to collect these
debts: Provided further, That funds made available to States
under title IV of Public Law 95-87 may be used, at their
discretion, for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of
acid mine drainage from abandoned mines: Provided further, That
such projects must be consistent with the purposes and
priorities of the Surface Mining Control and Reclamation
Act:Provided further, That the State of Maryland may set aside the
greater of $1,000,000 or 10 percent of the total of the grants made
available to the State under title IV of the Surface Mining Control and
Reclamation Act of 1977, as amended (30 U.S.C. 1231 et seq.), if the
amount set aside is deposited in an acid mine drainage abatement and
treatment fund established under a State law, pursuant to which law the
amount (together with all interest earned on the amount) is expended by
the State to undertake acid mine drainage abatement and treatment
projects, except that before any amounts greater than 10 percent of its
title IV grants are deposited in an acid mine drainage abatement and
treatment fund, the State of Maryland must first complete all Surface
Mining Control and Reclamation Act priority one projects.
Bureau of Indian Affairs
operation of indian programs
For operation of Indian programs by direct expenditure,
contracts, cooperative agreements, compacts, and grants
including expenses necessary to provide education and welfare
services for Indians, either directly or in cooperation with
States and other organizations, including payment of care,
tuition, assistance, and other expenses of Indians in boarding
homes, or institutions, or schools; grants and other assistance
to needy Indians; maintenance of law and order; management,
development, improvement, and protection of resources and
appurtenant facilities under the jurisdiction of the Bureau,
including payment of irrigation assessments and charges;
acquisition of water rights; advances for Indian industrial and
business enterprises; operation of Indian arts and crafts shops
and museums; development of Indian arts and crafts, as
authorized by law; for the general administration of the
Bureau, including such expenses in field offices; maintaining
of Indian reservation roads as defined in 23 U.S.C. 101; and
construction, repair, and improvement of Indian housing,
$1,436,902,000, of which not to exceed $86,520,000 shall be for
welfare assistance payments and not to exceed $90,829,000 shall
be for payments to tribes and tribal organizations for contract
support costs associated with ongoing contracts or grants or
compacts entered into with the Bureau prior to fiscal year
1997, as authorized by the Indian Self-Determination Act of
1975, as amended, and up to $5,000,000 shall be for the Indian
Self-Determination Fund, which shall be available for the
transitional cost of initial or expanded tribal contracts,
grants, compacts, or cooperative agreements with the Bureau
under such Act; and of which not to exceed $365,124,000 for
school operations costs of Bureau-funded schools and other
education programs shall become available on July 1, 1997, and
shall remain available until September 30, 1998; and of which
not to exceed $53,805,000 for higher education scholarships,
adult vocational training, and assistance to public schools
under 25 U.S.C. 452 et seq., shall remain available until
September 30, 1998; and of which not to exceed $54,973,000
shall remain available until expended for housing improvement,
road maintenance, attorney fees, litigation support, self-
governance grants, the Indian Self-Determination Fund, and the
Navajo-Hopi Settlement Program: Provided, That tribes and
tribal contractors may use their tribal priority allocations
for unmet indirect costs of ongoing contracts, grants or
compact agreements 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 suchunobligated balances not so transferred shall
expire on September 30, 1998: Provided further, That notwithstanding
any other provision of law, no funds available to the Bureau, other
than the amounts provided herein for assistance to public schools under
25 U.S.C. 452 et seq., shall be available to support the operation of
any elementary or secondary school in the State of Alaska in fiscal
year 1997: Provided further, That funds made available in this or any
other Act for expenditure through September 30, 1998 for schools funded
by the Bureau shall be available only to the schools in the Bureau
school system as of September 1, 1995: Provided further, That no funds
available to the Bureau shall be used to support expanded grades for
any school or dormitory beyond the grade structure in place or approved
by the Secretary of the Interior at each school in the Bureau school
system as of October 1, 1995: Provided further, That in fiscal year
1997 and thereafter, notwithstanding the provisions of 25 U.S.C.
2012(h)(1) (A) and (B), upon the recommendation of either (i) a local
school board and school supervisor for an education position in a
Bureau of Indian Affairs operated school, or (ii) an Agency school
board and education line officer for an Agency education position, the
Secretary shall establish adjustments to the rates of basic
compensation or annual salary rates established under 25 U.S.C.
2012(h)(1) (A) and (B) for education positions at the school or the
Agency, at a level not less than that for comparable positions in the
nearest public school district, and the adjustment shall be deemed to
be a change to basic pay and shall not be subject to collective
bargaining: Provided further, That any reduction to rates of basic
compensation or annual salary rates below the rates established under
25 U.S.C. 2012(h)(1) (A) and (B) shall apply only to educators
appointed after June 30, 1997, and shall not affect the right of an
individual employed on June 30, 1997, in an education position, to
receive the compensation attached to such position under 25 U.S.C.
2012(h)(1) (A) and (B) so long as the individual remains in the same
position at the same school: Provided further, That notwithstanding 25
U.S.C. 2012(h)(1)(B), when the rates of basic compensation for teachers
and counselors at Bureau-operated schools are established at the rates
of basic compensation applicable to comparable positions in overseas
schools under the Defense Department Overseas Teachers Pay and
Personnel Practices Act, such rates shall become effective with the
start of the next academic year following the issuance of the
Department of Defense salary schedule and shall not be effected
retroactively.
construction
For construction, major repair, and improvement of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and
preparation of lands for farming, and for construction of the
Navajo Indian Irrigation Project pursuant to Public Law 87-483
$94,531,000, to remain available until expended: Provided, That
such amounts as may be available for the construction of the
Navajo Indian Irrigation Project may be transferred to the
Bureau of Reclamation: Provided further, That not to exceed 6
per centum of contract authority available to the Bureau of
Indian Affairs from the Federal Highway Trust Fund may be used
to cover the road program management costs of the Bureau:
Provided further, That any funds provided for the Safety of
Dams program pursuant to 25 U.S.C. 13 shall be made available
on a non-reimbursable basis: Provided further, That for fiscal
year 1997, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000
that are provided to tribally controlled grant schools under
Public Law 100-297, as amended, the Secretary of the Interior
shall use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFRpart 12
as the regulatory requirements: Provided further, That such grants
shall not be subject to section 12.61 of 43 CFR; the Secretary and the
grantee shall negotiate and determine a schedule of payments for the
work to be performed: Provided further, That in considering
applications, the Secretary shall consider whether the Indian tribe or
tribal organization would be deficient in assuring that the
construction projects conform to applicable building standards and
codes and Federal, tribal, or State health and safety standards as
required by 25 U.S.C. 2005(a), with respect to organizational and
financial management capabilities: Provided further, That if the
Secretary declines an application, the Secretary shall follow the
requirements contained in 25 U.S.C. 2505(f): Provided further, That any
disputes between the Secretary and any grantee concerning a grant shall
be subject to the disputes provision in 25 U.S.C. 2508(e).
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $69,241,000, to
remain available until expended; of which $68,400,000 shall be
available for implementation of enacted Indian land and water
claim settlements pursuant to Public Laws 101-618, 102-374,
102-575, and for implementation of other enacted water rights
settlements, including not to exceed $8,000,000, which shall be
for the Federal share of the Catawba Indian Tribe of South
Carolina Claims Settlement, as authorized by section 5(a) of
Public Law 103-116; and of which $841,000 shall be available
pursuant to Public Laws 98-500, 99-264, and 100-580.
indian guaranteed loan program account
For the cost of guaranteed loans, $4,500,000, as authorized
by the Indian Financing Act of 1974, as amended: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $34,615,000.
In addition, for administrative expenses to carry out the
guaranteed loan programs, $500,000.
administrative provisions
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and
insurance fund, the Technical Assistance of Indian Enterprises
account, the Indian Direct Loan Program account, and the Indian
Guaranteed Loan Program account) shall be available for
expenses of exhibits, and purchase of not to exceed 229
passenger motor vehicles, of which not to exceed 187 shall be
for replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations or pooled overhead general administration shall be
available for tribal contracts, grants, compacts, or
cooperative agreements with the Bureau of Indian Affairs under
the provisions of the Indian Self-Determination Act or the
Tribal Self-Governance Act of 1994 (Public Law 103-413).
Departmental Offices
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$65,188,000, of which (1) $61,339,000 shall be available until
expended for technical assistance, including maintenance
assistance, disaster assistance, insular management controls,
and brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as
authorized by law (48 U.S.C. 1661(c)); grants to the Government
of American Samoa, in addition to current local revenues, for
construction and support of governmental functions; grants to
the Government of the Virgin Islands as authorized by law;
grants to the Government of Guam, as authorized by law; and
grants to the Government of the Northern Mariana Islands as
authorized by law (Public Law 94-241; 90 Stat. 272); and (2)
$3,849,000 shall be available for salaries and expenses of the
Office of Insular Affairs: Provided, That all financial
transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or utilized by such governments,
may be audited by the General Accounting Office, at its
discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands
Covenant grant funding shall be provided according to those
terms of the Agreement of the Special Representatives on Future
United States Financial Assistance for the Northern Mariana
Islands approved by Public Law 99-396, or any subsequent
legislation related to Commonwealth of the Northern Mariana
Islands grant funding: Provided further, That section 703(a) of
Public Law 94-241, as amended, is hereby amended by striking
``of the Government of the Northern Mariana Islands'': Provided
further, That of the amounts provided for technical assistance,
sufficient funding shall be made available for a grant to the
Close Up Foundation: Provided further, That the funds for the
program of operations and maintenance improvement are
appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure in American
Samoa, Guam, the Virgin Islands, the Commonwealth of the
Northern Mariana Islands, the Republic of Palau, the Republic
of the Marshall Islands, and the Federated States of Micronesia
through assessments of long-range operations maintenance needs,
improved capability of local operations and maintenance
institutions and agencies (including management and vocational
education training), and project-specific maintenance (with
territorial participation and cost sharing to be determined by
the Secretary based on the individual territory's commitment to
timely maintenance of its capital assets): Provided further,
That any appropriation for disaster assistance under this head
in this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation
grants provided pursuant to section 404 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c).
compact of free association
For economic assistance and necessary expenses for the
Federated States of Micronesia and the Republic of the Marshall
Islands as provided for in sections 122, 221, 223, 232, and 233
of the Compacts of Free Association, and for economic
assistance and necessary expenses for the Republic of Palau as
provided for in sections 122, 221, 223, 232, and 233 of the
Compact of Free Association, $23,538,000, to remain available
until expended, as authorized by Public Law 99-239 and Public
Law 99-658.
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of
the Interior, $58,286,000, of which not to exceed $7,500 may be
for official reception and representation expenses, and of
which up to $2,000,000 shall be available for workers
compensation payments and unemployment compensation payments
associated with the orderly closure of the United States Bureau
of Mines.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$35,443,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$24,439,000, together with any funds or property transferred to
the Office of Inspector General through forfeiture proceedings
or from the Department of Justice Assets Forfeiture Fund or the
Department of the Treasury Assets Forfeiture Fund, that
represent an equitable share from the forfeiture of property in
investigations in which the Office of Inspector General
participated, with such transferred funds to remain available
until expended.
National Indian Gaming Commission
salaries and expenses
For necessary expenses of the National Indian Gaming
Commission, pursuant to Public Law 100-497, $1,000,000.
Office of Special Trustee for American Indians
federal trust programs
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $32,126,000, to remain available until expended for
trust funds management: Provided, That funds made available to
tribes and tribal organizations through contracts or grants
obligated during fiscal year 1997, as authorized by the Indian
Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That notwithstanding any other provision of
law, the statute of limitations shall not commence to run on
any claim, including any claim in litigation pending on the
date of this Act, concerning losses to or mismanagement of
trust funds, until the affected tribe or individual Indian has
been furnished with an accounting of such funds from which the
beneficiary can determine whether there has been a loss:
Provided further, That unobligated balances previously made
available (1) to liquidate obligations owed tribal and
individual Indian payees of any checks canceled pursuant to
section 1003 of the Competitive Equality Banking Act of 1987
(Public Law 100-86; 31 U.S.C. 3334(b)), (2) to restore
Individual Indian Monies trust funds, Indian Irrigation
Systems, and Indian Power Systems accounts amounts invested in
credit unions or defaulted savings and loan associations and
which where not Federally insured, including any interest on
these amounts that may have been earned, but was not because of
the default, and (3) to reimburse Indian trust fund account
holders for losses to their respective accounts where the claim
for said loss has been reduced to a judgement or settlement
agreement approved by the Department of Justice, under the
heading ``Indian Land and Water Claim Settlements and
Miscellaneous Payments to Indians'', Bureau of Indian Affairs
in fiscal years 1995 and 1996, are hereby transferred to and
merged with this appropriation and may only be used for the
operation of trust programs, in accordance with this
appropriation.
Administrative Provisions
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That notwithstanding any other provision of
law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft: Provided further, That no
programs funded with appropriated funds in ``Departmental
Management'', ``Office of the Solicitor'', and ``Office of
Inspector General'' may be augmented through the Working
Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the emergency
reconstruction, replacement, or repair of aircraft, buildings,
utilities, or other facilities or equipment damaged or
destroyed by fire, flood, storm, or other unavoidable causes:
Provided, That no funds shall be made available under this
authority until funds specifically made available to the
Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to
this section are hereby designated by Congress to be
``emergency requirements'' pursuant to section 251(b)(2)(D) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
and must be replenished by a supplemental appropriation which
must be requested as promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of the
several agencies, for the suppression oremergency prevention of
forest or range fires on or threatening lands under the jurisdiction of
the Department of the Interior; for the emergency rehabilitation of
burned-over lands under its jurisdiction; for emergency actions related
to potential or actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to actual
oilspills; response and natural resource damage assessment activities
related to actual oilspills; for the prevention, suppression, and
control of actual or potential grasshopper and Mormon cricket outbreaks
on lands under the jurisdiction of the Secretary, pursuant to the
authority in section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public Law 95-87;
and shall transfer, from any no year funds available to the Office of
Surface Mining Reclamation and Enforcement, such funds as may be
necessary to permit assumption of regulatory authority in the event a
primacy State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in this title
for fire suppression purposes shall be available for the payment of
obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles,
aircraft, or other equipment in connection with their use for fire
suppression purposes, such reimbursement to be credited to
appropriations currently available at the time of receipt thereof:
Provided further, That for emergency rehabilitation and wildfire
suppression activities, no funds shall be made available under this
authority until funds appropriated to ``Wildland Fire Management''
shall have been exhausted: Provided further, That all funds used
pursuant to this section are hereby designated by Congress to be
``emergency requirements'' pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985, and must be
replenished by a supplemental appropriation which must be requested as
promptly as possible: Provided further, That such replenishment funds
shall be used to reimburse, on a pro rata basis, accounts from which
emergency funds were transferred.
Sec. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropriations
shall be reimbursed for services rendered to any other activity
in the same manner as authorized by sections 1535 and 1536 of
title 31, United States Code: Provided, That reimbursements for
costs and supplies, materials, equipment, and for services
rendered may be credited to the appropriation current at the
time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the Secretary,
in total amount not to exceed $500,000; hire, maintenance, and
operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in
societies or associations which issue publications to members
only or at a price to members lower than to subscribers who are
not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for
uniforms or allowances therefor, as authorized by law (5 U.S.C.
5901-5902 and D.C. Code 4-204).
Sec. 106. Appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of twelve
months beginning at any time during the fiscal year.
Sec. 107. Prior to the transfer of Presidio properties to
the Presidio Trust, when authorized, the Secretary may not
obligate in any calendar month more than \1/12\ of the fiscal
year 1997 appropriation for operation of the Presidio:
Provided, That prior to the transfer of any Presidio property
to the Presidio Trust, the Secretary shall transfer such funds
as the Trust deems necessary to initiate leasing and other
authorized activities of the Trust: Provided further, That this
section shall expire on December 31, 1996.
Sec. 108. No final rule or regulation of any agency of the
Federal Government pertaining to the recognition, management,
or validity of a right-of-way pursuant to Revised Statute 2477
(43 U.S.C. 932) shall take effect unless expressly authorized
by an Act of Congress subsequent to the date of enactment of
this Act.
Sec. 109. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
leasing and related activities placed under restriction in the
President's moratorium statement of June 26, 1990, in the areas
of Northern, Central, and Southern California; the North
Atlantic; Washington and Oregon; and the Eastern Gulf of Mexico
south of 26 degrees north latitude and east of 86 degrees west
longitude.
Sec. 110. No funds provided in this title may be expended
by the Department of the Interior for the conduct of leasing,
or the approval or permitting of any drilling or other
exploration activity, on lands within the North Aleutian Basin
planning area.
Sec. 111. No funds provided in this title may be expended
by the Department of the Interior for the conduct of preleasing
and leasing activities in the Eastern Gulf of Mexico for Outer
Continental Shelf Lease Sale 151 in the Outer Continental Shelf
Natural Gas and Oil Resource Management Comprehensive Program,
1992-1997.
Sec. 112. No funds provided in this title may be expended
by the Department of the Interior for the conduct of preleasing
and leasing activities in the Atlantic for Outer Continental
Shelf Lease Sale 164 in the Outer Continental Shelf Natural Gas
and Oil Resource Management Comprehensive Program, 1992-1997.
Sec. 113. There is hereby established in the Treasury a
franchise fund pilot, as authorized by section 403 of Public
Law 103-356, to be available as provided in such section for
costs of capitalizing and operating administrative services as
the Secretary determines may be performed more advantageously
as central services: Provided, That any inventories, equipment,
and other assets pertaining to the services to be provided by
such fund, either on hand or on order, less the related
liabilities or unpaid obligations, and any appropriations made
prior to the current year for the purpose of providing capital
shall be used to capitalize such fund: Provided further, That
such fund shall be paid in advance from funds available to the
Department and other Federal agencies for which such
centralized services are performed, at rates which will return
in full all expenses of operation, including accrued leave,
depreciation of fund plant and equipment, amortization of
automatic data processing (ADP) software and systems (either
acquired or donated) and an amount necessary to maintain a
reasonable operating reserve, as determined by the Secretary:
Provided further, That such fund shall provide services on a
competitive basis: Provided further, That an amount not to
exceed four percent of the total annual income to such fund may
be retained in the fund for fiscal year 1997 and each fiscal
year thereafter, to remain available until expended, to be used
for the acquisition of capital equipment, and for the
improvement and implementation of Department financial
management, ADP, and other support systems: Provided further,
That no later than thirty days after the end of each fiscal
year amounts in excess of this reserve limitation shall be
transferred to the Treasury: Provided further, That such
franchise fund pilot shall terminate pursuant to section 403(f)
of Public Law 103-356.
Sec. 114. 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.''.
Sec. 118. 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.
``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 Aull Site Transfer.--
(a) This section may be cited as the ``Father Aull Site
Transfer Act of 1996''.
(b) Findings.--Congress finds that--
(1) the buildings and grounds developed by Father
Roger Aull located on public domain land near Silver
City, New Mexico, are historically significant to the
citizens of the community;
(2) vandalism at the site has become increasingly
destructive and frequent in recent years;
(3) because of the isolated location and the
distance from other significant resources and agency
facilities, the Bureau of Land Management has been
unable to devote sufficient resources to restore and
protect the site from further damage; and
(4) St. Vincent DePaul Parish in Silver City, New
Mexico, has indicated an interest in, and developed a
sound proposal for the restoration of the site, such
that the site could be permanently occupied and used by
the community.
(c) Conveyance of Property.--Subject to valid existing
rights, all right, title and interest of the United States in
and to the land (including improvements on the land),
consisting of approximately 43.06 acres, located approximately
10 miles east of Silver City, New Mexico, and described as
follows: T. 17 S., R. 12 W., Section 30: Lot 13, and Section
31: Lot 27 (as generally depicted on the map dated July 1995)
is hereby conveyed by operation of law to St. Vincent DePaul
Parish in Silver City, New Mexico, without consideration.
(d) Release.--Upon the conveyance of any land or interest
in land identified in this section of St. Vincent DePaul
Parish, St. Vincent DePaul Parish shall assume any liability
for any claim relating to the land or interest in the land
arising after the date of the conveyance.
(e) Map.--The map referred to in this section shall be on
file and available for public inspection in--
(1) the State of New Mexico Office of the Bureau of
Land Management, Santa Fe, New Mexico; and
(2) the Las Cruces District Office of the Bureau of
Land Management, Las Cruces, New Mexico.
Sec. 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. 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 at Channel Islands
National Park.
(a) The visitor center at Channel Islands National Park,
California, is hereby designated as the ``Robert J. Lagomarsino
Visitor Center''.
(b) Any reference in law, regulation, paper, record, map,
or any other document in the United States to the visitor
center referred to in subsection (a) shall be deemed to be a
reference to the ``Robert J. Lagomarsino Visitor Center''.
TITLE II--RELATED AGENCIES
Department of Agriculture
forest service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $179,786,000, to remain available until
expended.
state and private forestry
For necessary expenses of cooperating with, and providing
technical and financial assistance to States, Territories,
possessions, and others and for forest pest management
activities, cooperative forestry and education and land
conservation activities, $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.
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.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal
year shall be available for: (a) purchase of not to exceed 159
passenger motor vehicles of which 14 will be used primarily for
law enforcement purposes and of which 149 shall be for
replacement; acquisition of 10 passenger motor vehicles from
excess sources, and hire of such vehicles; operation and
maintenance of aircraft, the purchase of not to exceed two for
replacement only, and acquisition of 20 aircraft from excess
sources; notwithstanding other provisions of law, existing
aircraft being replaced may be sold, with proceeds derived or
trade-in value used to offset the purchase price for the
replacement aircraft; (b) services pursuant to 7 U.S.C. 2225,
and not to exceed $100,000 for employment under 5 U.S.C. 3109;
(c) purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (d) acquisition of land,
waters, and interests therein, pursuant to 7 U.S.C. 428a;(e)
for expenses pursuant to the Volunteers in the National Forest Act of
1972 (16 U.S.C. 558a, 558d, 558a note); and (f) for debt collection
contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to change the boundaries of any region,
to abolish any region, to move or close any regional office for
research, State and private forestry, or National Forest System
administration of the Forest Service, Department of
Agriculture, or to implement any reorganization,
``reinvention'' or other type of organizational restructuring
of the Forest Service, other than the relocation of the
Regional Office for Region 5 of the Forest Service from San
Francisco to excess military property at Mare Island, Vallejo,
California, without the consent of the House and Senate
Committees on Appropriations.
Any funds available to the Forest Service may be used for
retrofitting Mare Island facilities to accommodate the
relocation: Provided, That funds for the move must come from
funds otherwise available to Region 5: Provided further, That
any funds to be provided for such purposes shall only be
available upon approval of the House and Senate Committees on
Appropriations.
Any appropriations or funds available to the Forest Service
may be advanced to the Wildland Fire Management appropriation
and may be used for forest firefighting and the emergency
rehabilitation of burned-over lands under its jurisdiction.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development and the Foreign Agricultural Service in connection
with forest and rangeland research, technical information, and
assistance in foreign countries, and shall be available to
support forestry and related natural resource activities
outside the United States and its territories and possessions,
including technical assistance, education and training, and
cooperation with United States and international organizations.
None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless the
proposed transfer is approved in advance by the House and
Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in House Report 103-551.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
procedures contained in House Report 103-551.
No funds appropriated to the Forest Service shall be
transferred to the Working Capital Fund of the Department of
Agriculture without the approval of the Chief of the Forest
Service.
Notwithstanding any other provision of the law, any
appropriations or funds available to the Forest Service may be
used to disseminate program information to private and public
individuals and organizations through the use of nonmonetary
items of nominal value and to provide nonmonetary awards of
nominal value and to incur necessary expenses for the
nonmonetary recognition of private individuals and
organizations that make contributions to Forest Service
programs.
Notwithstanding any other provision of law, money
collected, in advance or otherwise, by the Forest Service under
authority of section 101 of Public Law 93-153 (30 U.S.C.
185(1)) as reimbursement of administrative and other costs
incurred in processing pipeline right-of-way or permit
applications and for costs incurred in monitoring the
construction, operation, maintenance, and termination of any
pipeline and related facilities, may be used to reimburse the
applicable appropriation to which such costs were originally
charged.
Funds available to the Forest Service shall be available to
conduct a program of not less than $1,000,000 for high priority
projects within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps as authorized by
the Act of August 13, 1970, as amended by Public Law 93-408.
None of the funds available in this Act shall be used for
timber sale preparation using clearcutting in hardwood stands
in excess of 25 percent of the fiscal year 1989 harvested
volume in the Wayne National Forest, Ohio: Provided, That this
limitation shall not apply to hardwood stands damaged by
natural disaster: Provided further, That landscape architects
shall be used to maintain a visually pleasing forest.
Any money collected from the States for fire suppression
assistance rendered by the Forest Service on non-Federal lands
not in the vicinity of National Forest System lands shall be
used to reimburse the applicable appropriation and shall remain
available until expended as the Secretary may direct in
conducting activities authorized by 16 U.S.C. 2101 (note),
2101-2110, 1606, and 2111.
Of the funds available to the Forest Service, $1,500 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Notwithstanding any other provision of law, the Forest
Service is authorized to employ or otherwise contract with
persons at regular rates of pay, as determined by the Service,
to perform work occasioned by emergencies such as fires,
storms, floods, earthquakes or any other unavoidable cause
without regard to Sundays, Federal holidays, and the regular
workweek.
To the greatest extent possible, and in accordance with the
Final Amendment to the Shawnee National Forest Plan, none of
the funds available in this Act shall be used for preparation
of timber sales using clearcutting or other forms of even aged
management in hardwood stands in the Shawnee National Forest,
Illinois.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, funds up to $1,000,000 for matching funds shall be
available for the National Forest Foundation on a one-for-one
basis to match private contributions for projects on or
benefitting National Forest System lands or related to Forest
Service programs.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$1,000,000 of the funds available to the Forest Service shall
be available for matching funds, as authorized in 16 U.S.C.
3701-3709, on a one-for-one basis to match private
contributions for projects on or benefitting National Forest
System lands or related to Forest Service programs.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of
the funds appropriated to the Forest Service in the National
Forest System and Construction accounts and planned to be
allocated to activities under the ``Jobs in the Woods'' program
for projects on National Forest land in the State of Washington
may be granted directly to the Washington State Department of
Fish and Wildlife for accomplishment of planned projects.
Twenty percent of said funds shall be retained by the Forest
Service for planning and administering projects. Project
selection and prioritization shall be accomplished by the
Forest Service with such consultation with the State of
Washington as the Forest Service deems appropriate.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to sections 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
The Secretary of Agriculture shall by March 31, 1997
report to the Committees on Appropriations of the House of
Representatives and the Senate on the status and disposition of
all salvage timber sales started under the authority of Section
2001 of Public Law 104-19 and subsequently withdrawn or delayed
and completed under different authorities as a consequence of
the July 2, 1996 directive on the implementation of Section
2001 issued by the Secretary.
The Pacific Northwest Research Station Silviculture
Laboratory in Bend, Oregon is hereby named the ``Robert W.
Chandler Building''.
For purposes of the Southeast Alaska Economic Disaster
Fund as set forth in section 101(c) of Public Law 104-134, the
direct grants provided in subsection (c) shall be considered
direct payments for purposes of all applicable law 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 reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of
assignment.
DEPARTMENT OF ENERGY
clean coal technology
(rescission)
Of the funds made available under this heading for
obligation in fiscal year 1997 or prior years, $123,000,000 are
rescinded: Provided, That funds made available in previous
appropriations Acts shall be available for any ongoing project
regardless of the separate request for proposal under which the
project was selected.
fossil energy research and development
For necessary expenses in carrying out fossil energy
research and development activities, under the authority of the
Department of Energy Organization Act (Public Law 95-91),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for
plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning
the extraction, processing, use, and disposal of mineral
substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), performed under the minerals and
materials science programs at the Albany Research Center in
Oregon, $364,704,000, to remain available until expended:
Provided, That no part of the sum herein made available shall
be used for the field testing of nuclear explosives in the
recovery of oil and gas.
alternative fuels production
(including transfer and rescission of funds)
Monies received as investment income on the principal
amount in the Great Plains Project Trust at the Norwest Bank of
North Dakota, in such sums as are earned as of October 1, 1996,
shall be deposited in this account and immediately transferred
to the General Fund of the Treasury. Monies received as revenue
sharing from the operation of the Great Plains Gasification
Plant shall be immediately transferred to the General Fund of
the Treasury. Funds are hereby rescinded in the amount of
$2,500,000 from unobligated balances under this head.
naval petroleum and oil shale reserves
For necessary expenses in carrying out naval petroleum and
oil shale reserve activities, $143,786,000, to remain available
until expended: Provided, That the requirements of 10 U.S.C.
7430(b)(2)(B) shall not apply to fiscal year 1997.
energy conservation
For necessary expenses in carrying out energy conservation
activities, $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 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 Hearings and Appeals, $2,725,000, to remain
available until expended.
strategic petroleum reserve
(including transfer of funds)
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act
of 1975, as amended (42 U.S.C. 6201 et seq.), $220,000,000, to
remain available until expended, of which $220,000,000 shall
be repaid from the ``SPR Operating Fund'' from amounts made
available from the sale of oil from the Reserve: Provided, That
notwithstanding section 161 of the Energy Policy and
Conservation Act, the Secretary shall draw down and sell in
fiscal year 1997 $220,000,000 worth of oil from the Strategic
Petroleum Reserve: Provided further, That the proceeds from the
sale shall be deposited into a special account in the Treasury,
to be established and known as the ``SPR Operating Fund'', and
shall, upon receipt, be transferred to the Strategic Petroleum
Reserve account for operations of the Strategic Petroleum
Reserve.
spr petroleum account
Notwithstanding 42 U.S.C. 6240(d) the United States share
of crude oil in Naval Petroleum Reserve Numbered 1 (Elk Hills)
may be sold or otherwise disposed of to other than the
Strategic Petroleum Reserve: Provided, That outlays in fiscal
year 1997 resulting from the use of funds in this account shall
not exceed $5,000,000.
energy information administration
For necessary expenses in carrying out the activities of
the Energy Information Administration, $66,120,000 to remain
available until expended.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year
shall be available for hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase, repair, and
cleaning of uniforms; and reimbursement to the General Services
Administration for security guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the performance
of work for which the appropriation is made.
None of the funds made available to the Department of
Energy under this Act shall be used to implement or finance
authorized price support or loan guarantee programs unless
specific provision is made for such programs in an
appropriations Act.
The Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, private or foreign: Provided, That
revenues and other moneys received by or for the account of the
Department of Energy or otherwise generated by sale of products
in connection with projects of the Department appropriated
under this Act may be retained by the Secretary of Energy, to
be available until expended, and used only for plant
construction, operation, costs, and payments to cost-sharing
entities as provided in appropriate cost-sharing contracts or
agreements: Provided further, That the remainder of revenues
after the making of such payments shall be covered into the
Treasury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by the
Secretary pursuant to this authority shall not be executed
prior to the expiration of 30 calendar days (not including any
day in which either House of Congress is not in session because
of adjournment of more than three calendar days to a day
certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full
comprehensive report on such project, including the facts and
circumstances relied upon in support of the proposed project.
No funds provided in this Act may be expended by the
Department of Energy to prepare, issue, or process procurement
documents for programs or projects for which appropriations
have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and
private sources, to be deposited in a contributed funds
account, and prosecute projects using such fees and
contributions in cooperation with other Federal, State or
private agencies or concerns.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to the Indian Health
Service, $1,806,269,000, together with payments received during
the fiscal year pursuant to 42 U.S.C. 238(b) for services
furnished by the Indian Health Service: Provided, That funds
made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $12,000,000 shall remain available until
expended, for the Indian Catastrophic Health Emergency Fund:
Provided further, That $356,325,000 for contract medical care
shall remain available for obligation until September 30, 1998:
Provided further, That of the funds provided, not less than
$11,706,000 shall be used to carry out the loan repayment
program under section 108 of the Indian Health Care Improvement
Act: Provided further, That funds provided in this Act may be
used for one-year contracts and grants which are to be
performed in two fiscal years, so long as the total obligation
is recorded in the year for which the funds are appropriated:
Provided further, That the amounts collected by the Secretary
of Health and Human Services under the authority of title IV of
the Indian Health Care Improvement Act shall remain available
until expended for the purpose of achieving compliance with the
applicable conditions and requirements of titles XVIII and XIX
of the Social Security Act (exclusive of planning, design, or
construction of new facilities): Provided further, That of the funds
provided, $7,500,000 shall remain available until expended, for the
Indian Self-Determination Fund, which shall be available for the
transitional costs of initial or expanded tribal contracts, compacts,
grants or cooperative agreements with the Indian Health Service under
the provisions of the Indian Self-Determination Act: Provided further,
That funding contained herein, and in any earlier appropriations Acts
for scholarship programs under the Indian Health Care Improvement Act
(25 U.S.C. 1613) shall remain available for obligation until September
30, 1998: Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the receiving
tribes and tribal organizations until expended.
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities, including
quarters for personnel; preparation of plans, specifications,
and drawings; acquisition of sites, purchase and erection of
modular buildings, and purchases of trailers; and for provision
of domestic and community sanitation facilities for Indians, as
authorized by section 7 of the Act of August 5, 1954 (42 U.S.C.
2004a), the Indian Self-Determination Act, and the Indian
Health Care Improvement Act, and for expenses necessary to
carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $247,731,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, funds appropriated
for the planning, design, construction or renovation of health
facilities for the benefit of an Indian tribe or tribes may be
used to purchase land for sites to construct, improve, or
enlarge health or related facilities.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109
but at rates not to exceed the per diem rate equivalent to the
maximum rate payable for senior-level positions under 5 U.S.C.
5376; hire of passenger motor vehicles and aircraft; purchase
of medical equipment; purchase of reprints; purchase,
renovation and erection of modular buildings and renovation of
existing facilities; payments for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances
therefore as authorized by 5 U.S.C. 5901-5902; and for expenses
of attendance at meetings which are concerned with the
functions or activities for which the appropriation is made or
which will contribute to improved conduct, supervision, or
management of those functions or activities: Provided, That in
accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42
U.S.C. 2651-53) shall be credited to the account of the
facility providing the service and shall be available without
fiscal year limitation: Provided further, That notwithstanding
any other law or regulation, funds transferred from the
Department of Housing and Urban Development to the Indian
Health Service shall be administered under Public Law 86-121
(the Indian Sanitation Facilities Act) and Public Law 93-638,
as amended: Provided further, That funds appropriated to the
Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be
subject to limitations directed at curtailing Federal travel
and transportation: Provided further, That notwithstanding any
other provision of law, funds previously or herein made
available to a tribe or tribal organization through a contract,
grant, or agreement authorized by title I or title III of the
Indian Self-Determination and Education Assistance Act of 1975
(25 U.S.C. 450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title III of such Act and thereafter shall
remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That none of the
funds made available to the Indian Health Service in this Act
shall be used to implement the final rule published in the
Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for the
health care services of the Indian Health Service until the
Indian Health Service has submitted a budget request reflecting
the increased costs associated with the proposed final rule,
and such request has been included in an appropriations Act and
enacted into law: Provided further, That funds made available
in this Act are to be apportioned to the Indian Health Service
as appropriated in this Act, and accounted for in the
appropriation structure set forth in this Act: Provided
further, That funds received from any source, including tribal
contractors and compactors for previously transferred functions
which tribal contractors and compactors no longer wish to
retain, for services, goods, or training and technical
assistance, shall be retained by the Indian Health Service and
shall remain available until expended by the Indian Health
Service: Provided further, That reimbursements for training,
technical assistance, or services provided by the Indian Health
Service will contain total costs, including direct,
administrative, and overhead associated with the provision of
goods, services, or technical assistance: Provided further,
That the appropriation structure for the Indian Health Service
may not be altered without advance approval of the House and
Senate Committees on Appropriations.
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
indian education
For necessary expenses to carry out, to the extent not
otherwise provided, title IX, part A of the Elementary and
Secondary Education Act of 1965, as amended, and section 215 of
the Department of Education Organization Act, $61,000,000.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$19,345,000, to remain available until expended: Provided, That
funds provided in this or any other appropriations Act are to
be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents,
those in significantly substandard housing, and all others
certified as eligible and not included in the preceding
categories: Provided further, That none of the funds contained
in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo
family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or
replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office
shall relocate any certified eligible relocatees who have
selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-
10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99-498, as amended (20 U.S.C. 56, part A),
$5,500,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance programs;
maintenance, alteration, operation, lease (for terms not to
exceed thirty years), and protection of buildings, facilities,
and approaches; not to exceed $100,000 for services as
authorized by 5 U.S.C. 3109; up to 5 replacement passenger
vehicles; purchase, rental, repair, and cleaning of uniforms
for employees; $317,557,000, of which not to exceed $30,665,000
for the instrumentation program, collections acquisition,
Museum Support Center equipment and move, exhibition
reinstallation, the National Museum of the American Indian, the
repatriation of skeletal remains program, research equipment,
information management, and Latino programming shall remain
available until expended, and including such funds as may be
necessary to support American overseas research centers and a
total of $125,000 for the Council of American Overseas Research
Centers: Provided, That funds appropriated herein are available
for advance payments to independent contractors performing
research services or participating in official Smithsonian
presentations.
construction and improvements, national zoological park
For necessary expenses of planning, construction,
remodeling, and equipping of buildings and facilities at the
National Zoological Park, by contract or otherwise, $3,850,000,
to remain available until expended.
repair and restoration of buildings
For necessary expenses of repair and restoration of
buildings owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of
August 22, 1949 (63 Stat. 623), including not to exceed $10,000
for services as authorized by 5 U.S.C. 3109, $39,000,000, to
remain available until expended: Provided, That contracts
awarded for environmental systems, protection systems, and
exterior repair or restoration of buildings of the Smithsonian
Institution may be negotiated with selected contractors and
awarded on the basis of contractor qualifications as well as
price.
construction
For necessary expenses for construction, $10,000,000, to
remain available until expended.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by the
Act of March 24, 1937 (50 Stat. 51), as amended by the public
resolution of April 13, 1939(Public Resolution 9, Seventy-sixth
Congress), including services as authorized by 5 U.S.C. 3109; payment
in advance when authorized by the treasurer of the Gallery for
membership in library, museum, and art associations or societies whose
publications or services are available to members only, or to members
at a price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances therefor,
for other employees as authorized by law (5 U.S.C. 5901-5902); purchase
or rental of devices and services for protecting buildings and contents
thereof, and maintenance, alteration, improvement, and repair of
buildings, approaches, and grounds; and purchase of services for
restoration and repair of works of art for the National Gallery of Art
by contracts made, without advertising, with individuals, firms, or
organizations at such rates or prices and under such terms and
conditions as the Gallery may deem proper, $53,899,000, of which not to
exceed $3,026,000 for the special exhibition program shall remain
available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $5,942,000, to remain available until
expended: Provided, That contracts awarded for environmental
systems, protection systems, and exterior repair or renovation
of buildings of the National Gallery of Art may be negotiated
with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$10,875,000.
construction
For necessary expenses of capital repair and rehabilitation
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $9,000,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as authorized
by 5 U.S.C. 3109, $5,840,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$82,734,000, shall be available to the National Endowment for
the Arts for the support of projects and productions in the
arts through assistance to organizations and individuals
pursuant to section 5(c) of the Act, and for administering the
functions of the Act, to remain available until expended.
matching grants
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of 1965,
as amended, $16,760,000, to remain available until expended, to
the National Endowment for the Arts: Provided, That this
appropriation shall be available for obligation only in such
amounts as may be equal to the total amounts of gifts,
bequests, and devises of money, and other property accepted by
the Chairman or by grantees of the Endowment under the
provisions of section 10(a)(2), subsections 11(a)(2)(A) and
11(a)(3)(A) during the current and preceding fiscal years for
which equal amounts have not previously been appropriated.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$96,100,000, shall be available to the National Endowment for
the Humanities for support of activities in the humanities,
pursuant to section 7(c) of the Act, and for administering the
functions of the Act, to remain available until expended.
matching grants
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of 1965,
as amended, $13,900,000, to remain available until expended, of
which $8,000,000 shall be available to the National Endowment
for the Humanities for the purposes of section 7(h): Provided,
That this appropriation shall be available for obligation only
in such amounts as may be equal to the total amounts of gifts,
bequests, and devises of money, and other property accepted by
the Chairman or by grantees of the Endowment under the
provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during
the current and preceding fiscal years for which equal amounts
have not previously been appropriated.
Institute of Museum Services
grants and administration
For carrying out title II of the Arts, Humanities, and
Cultural Affairs Act of 1976, as amended, $22,000,000, to
remain available until expended.
administrative provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18
U.S.C. 1913: Provided, That none of the funds appropriated to
the National Foundation on the Arts and the Humanities may be
used for official reception and representation expenses.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $867,000.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956(a)), as amended, $6,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $2,500,000:
Provided, That none of these funds shall be available for the
compensation of Executive Level V or higher positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71-71i), including
services as authorized by 5 U.S.C. 3109, $5,390,000: Provided,
That all appointed members will be compensated at a rate not to
exceed the rate for Executive Schedule Level IV.
Franklin Delano Roosevelt Memorial Commission
salaries and expenses
For necessary expenses of the Franklin Delano Roosevelt
Memorial Commission, established by the Act of August 11, 1955
(69 Stat. 694), as amended by Public Law 92-332 (86 Stat. 401),
$500,000 to remain available until expended.
United States Holocaust Memorial Council
holocaust memorial council
For expenses of the Holocaust Memorial Council, as
authorized by Public Law 96-388 (36 U.S.C. 1401), as amended,
$30,707,000, of which $1,575,000 for the Museum's repair and
rehabilitation program and $1,264,000 for the Museum's
exhibitions program shall remain available until expended.
TITLE III--GENERAL PROVISIONS
Sec. 301. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive Order
issued pursuant to existing law.
Sec. 302. No part of any appropriation under this Act shall
be available to the Secretary of the Interior or the Secretary
of Agriculture for the leasing of oil and natural gas by
noncompetitive bidding on publicly owned lands within the
boundaries of the Shawnee National Forest, Illinois: Provided,
That nothing herein is intended to inhibit or otherwise affect
the sale, lease, or right to access to minerals owned by
private individuals.
Sec. 303. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which congressional action is not complete.
Sec. 304. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 305. None of the funds provided in this Act to any
department or agency shall be obligated or expended to provide
a personal cook, chauffeur, or other personal servants to any
officer or employee of such department or agency except as
otherwise provided by law.
Sec. 306. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act
unless advance notice of such assessments and the basis
therefor are presented to the Committees on Appropriations and
are approved by such Committees.
Sec. 307. (a) Compliance With Buy American Act.--None of
the funds made available in this Act may be expended by an
entity unless the entity agrees that in expending the funds the
entity will comply with sections 2 through 4 of the Act of
March 3, 1933 (41 U.S.C. 10a-10c; popularly known as the ``Buy
American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and
products.--In the case of any equipment or product that
may be authorized to be purchased with financial
assistance provided using funds made available in this
Act, it is the sense of the Congress that entities
receiving the assistance should, in expending the
assistance, purchase only American-made equipment and
products.
(2) Notice to recipients of assistance.--In
providing financial assistance using funds made
available in this Act, the head of each Federal agency
shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1)
by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined
by a court or Federal agency that any person intentionally
affixed a label bearing a ``Made in America'' inscription, or
any inscription with the same meaning, to any product sold in
or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract
or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 308. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are located
on National Forest System or Bureau of LandManagement lands in
a manner different than such sales were conducted in fiscal year 1995.
Sec. 309. None of the funds made available by this Act may
be obligated or expended by the National Park Service to enter
into or implement a concession contract which permits or
requires the removal of the underground lunchroom at the
Carlsbad Caverns National Park.
Sec. 310. Where the actual costs of construction projects
under self-determination contracts, compacts, or grants,
pursuant to Public Laws 93-638, 103-413, or 100-297, are less
than the estimated costs thereof, use of the resulting excess
funds shall be determined by the appropriate Secretary after
consultation with the tribes.
Sec. 311. Notwithstanding Public Law 103-413, quarterly
payments of funds to tribes and tribal organizations under
annual funding agreements pursuant to section 108 of Public Law
93-638, as amended, may be made on the first business day
following the first day of a fiscal quarter.
Sec. 312. None of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps program,
unless the relevant agencies of the Department of the Interior
and/or Agriculture follow appropriate reprogramming guidelines:
Provided, That if no funds are provided for the AmeriCorps
program by the VA-HUD and Independent Agencies fiscal year 1997
appropriations bill, then none of the funds appropriated or
otherwise made available by this Act may be used for the
AmeriCorps programs.
Sec. 313. None of the funds made available in this Act may
be used (1) to demolish the bridge between Jersey City, New
Jersey, and Ellis Island; or (2) to prevent pedestrian use of
such bridge, when it is made known to the Federal official
having authority to obligate or expend such funds that such
pedestrian use is consistent with generally accepted safety
standards.
Sec. 314. (a) None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any
mining or mill site claim located under the general mining
laws.
(b) The provisions of subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the
Secretary on or before September 30, 1994, and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims
and sections 2329, 2330, 2331, and 2333 of the Revised Statutes
(30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as
the case may be, were fully complied with by the applicant by
that date.
(c) Processing Schedule.--For those applications for
patents pursuant to subsection (b) which were filed with the
Secretary of the Interior, prior to September 30, 1994, the
Secretary of the Interior shall--
(1) Within three months of the enactment of this
Act, file with the House and Senate Committees on
Appropriations and the Committee on Resources of the
House of Representatives and the Committee on Energy
and Natural Resources of the United States Senate a
plan which details how the Department of the Interior
will make a final determination as to whether or not an
applicant is entitled to a patent under the general
mining laws on at least 90 percent of such applications
within five years of the enactment of this Act and file
reports annually thereafter with the same committees
detailing actions taken by the Department of the
Interior to carry out such plan; and
(2) Take such actions as may be necessary to carry
out such plan.
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures employed
by the Bureau of Land Management in the retention of third-
party contractors.
Sec. 315. None of the funds appropriated or otherwise made
available by this Act may be used for the purposes of acquiring
lands in the counties of Gallia, Lawrence, Monroe, or
Washington, Ohio, for the Wayne National Forest.
Sec. 316. Of the funds provided to the National Endowment
for the Arts:
(a) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual
for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(b) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, except
a grant made to a State or local arts agency, or
regional group, may be used to make a grant to any
other organization or individual to con-
duct 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 on September 8, 1995. The regulations and
interim rules in effect prior to September 8, 1995 (36 CFR
223.48, 36 CFR 223.87, 36 CFR 223 subpart D, 36 CFR 223 subpart
F, and 36 CFR 261.6) shall remain in effect. The Secretary of
Agriculture or the Secretary of the Interior shall not adopt
any policies concerning Public Law 101-382 or existing
regulations that would restrain domestic transportation or
processing of timber from private lands or impose additional
accountability requirements on any timber. The Secretary of
Commerce shall extend until September 30, 1997, the order
issued under section 491(b)(2)(A) of Public Law 101-382 and
shall issue an order under section 491(b)(2)(B) of such law
that will be effective October 1, 1997.
Sec. 319. Section 101(c) of Public Law 104-134 is amended
as follows: Under the heading ``Title III--General Provisions''
amend section 315(b) by striking ``50, areas,'' and inserting
in lieu thereof ``100, areas,'' and amend section 315(f) by
striking ``September 30, 1998'' and inserting in lieu thereof
``September 30, 1999'' and by striking ``September 30, 2001''
and inserting in lieu thereof ``September 30, 2002''.
Sec. 320. None of the amounts made available by this Act
may be used for design, planning, implementation, engineering,
construction, or any other activity in connection with a scenic
shoreline drive in Pictured Rocks National Lakeshore.
Sec. 321. 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 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. 9601)).
(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. 9601) and
the Resource Conservation Recovery Act (42 U.S.C. 6901, 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:
(A) The NE\1/4\ of SW\1/4\ of
section 27 of township 27 north, range
17 east, Willamette Meridian, Chelan
County, Washington.
(B) The N\1/2\ of SE\1/4\ of SW\1/
4\ of such section 27.
(C) The W\1/2\ of NW\1/4\ of SE\1/
4\ of such section 27.
(D) The NW\1/4\ of SW\1/4\ of SE\1/
4\ of such section 27.
(E) The E\1/2\ of NW\1/4\ of the
SE\1/4\ of such section 27.
(F) That portion of the S\1/2\ of
SE\1/4\ of SW\1/4\ lying north of the
northerly edge of Highway 209 right-of-
way of such section 27.
(2) Public utility district lands.--The
lands owned by the Public Utility District are
109.15 acres, more or less, with the following
legal description:
(A) S\1/2\ of SW\1/4\ of section 35
of township 26 north, range 17 east,
Willamette Meridian, Chelan County,
Washington.
(B) The area specified by Public
Utility District No. 1 as Government
Lot 5 in such section 35.
(c) Requirements for exchange.--
(1) Title acceptance and conveyance.--Upon
offer by the Public Utility District of all
right, title and interest in and to the lands
described in subsection (b)(2), if the title is
found acceptable by the Secretary, the
Secretary shall accept title to such lands and
interests therein and shall convey to the
Public Utility District all right, title, and
interest of the United States in and to the
lands described in subsection (b)(1).
(2) Appraisals required.--Before making an
exchange pursuant to subsection (a), the
Secretary shall conduct appraisals of the lands
that are subject to the exchange to determine
the fair market value of the lands. Such
appraisals shall not include the value of the
wastewater treatment facility referred to in
paragraph (4)(A).
(3) Additional consideration.--If, on the
basis of the appraisals made under paragraph
(1), the Secretary determines that the fair
market value of the lands to be conveyed by one
party under subsection (a) is less than the
fair market value of the lands to be conveyed
by the other party under subsection (a), then,
as a condition of making the exchange under
subsection (a), the party conveying the lands
with the lesser value shall pay the other party
the amount by which the fair market value of
the lands of greater value exceeds the fair
market value of the lands of lesser value.
(4) Conveyance of wastewater treatment
facility.--(A) As part of an exchange made
under subsection (a), the Secretary shall
convey to the Public Utility District of Chelan
County, Washington, all right, title and
interest of the United States in and to the
wastewater treatment facility (including the
wastewater treatment plant and associated
lagoons) located on the lands described in
subsection (b)(1) that is in existence on the
date of the exchange.
(B) As a condition for the exchange under
subsection (a), the Public Utility District
shall provide for a credit equal to the fair
market value of the wastewater treatment
facility conveyed pursuant to subparagraph (A)
(determined as of November 4, 1991), that shall
be applied to the United States' share of any
new wastewater treatment facility constructed
by the Public Utility District after such date.
(d) Additional terms and conditions.--The Secretary
may require such additional terms and conditions in
connection with the exchange under this section as the
Secretary determines appropriate to protect the
interests of the United States.
Sec. 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 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
(b) 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
provision of law applicable to adjacent areas outside the
wilderness study area.
Sec. 328. 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:
``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.
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 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, $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 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
this amount as an emergency requirement pursuant to section
251(d)(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 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 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--DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For expenses necessary to carry into effect the Job
Training Partnership Act, as amended, including the purchase
and hire of passenger motor vehicles, the construction,
alteration, and repair of buildings and other facilities, and
the purchase of real property for training centers as
authorized by the Job Training Partnership Act; the Women in
Apprenticeship and Nontraditional Occupations Act; the National
Skill Standards Act of 1994; and the School-to-Work
Opportunities Act; $4,719,703,000 plus reimbursements, of which
$3,559,408,000 is available for obligation for the period July
1, 1997 through June 30, 1998; of which $88,685,000 is
available for the period July 1, 1997 through June 30, 2000 for
necessary expenses of construction, rehabilitation, and
acquisition of Job Corps centers; and of which $200,000,000
shall be available from July 1, 1997 through September 30,
1998, for carrying out activities of the School-to-Work
Opportunities Act: Provided, That $52,502,000 shall be for
carrying out section 401 of the Job Training Partnership Act,
$69,285,000 shall be for carrying out section 402 of such Act,
$7,300,000 shall be for carrying out section 441 of such Act,
$8,000,000 shall be for all activities conducted by and through
the National Occupational Information Coordinating Committee
under such Act, $895,000,000 shall be for carrying out title
II, part A of such Act, and $126,672,000 shall be for carrying
out title II, part C of such Act: Provided further, That no
funds from any other appropriation shall be used to provide
meal services at or for Job Corps centers: Provided further,
That funds provided to carry out title III of the Job Training
Partnership Act shall not be subject to the limitation
contained in subsection (b) of section 315 of such Act; that
the waiver allowing a reduction in the cost limitation relating
to retraining services described in subsection (a)(2) of such
section 315 may be granted with respect to funds from this Act
if a substate grantee demonstrates to the Governor that such
waiver is appropriate due to the availability of low-cost
retraining services, is necessary to facilitate the provision
of needs-related payments to accompany long-term training, or
is necessary to facilitate the provision of appropriate basic
readjustment services; and that funds provided to carry out the
Secretary's discretionary grants under part B of such title III
may be used to provide needs-related payments to participants
who, in lieu of meeting the requirements relating to enrollment
in training under section 314(e) of such Act, are enrolled in
training by the end of the sixth week after grant funds have
been awarded: Provided further, That service delivery areas may
transfer funding provided herein under authority of titles II-B
and II-C of the Job Training Partnership Act between the
programs authorized by those titles of that Act, if such
transfer is approved by the Governor: Provided further, That
service delivery areas and substate areas may transfer up to 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 anyother 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 flexibility (work-flex) partnership demonstration
program under which the Secretary shall authorize not more than six
States, of which at least three States shall each have populations not
in excess of 3,500,000, with a preference given to those States that
have been designated Ed-Flex Partnership States under section 311(e) of
Public Law 103-227, to waive any statutory or regulatory requirement
applicable to service delivery areas or substate areas within the State
under titles I-III of the Job Training Partnership Act (except for
requirements relating to wage and labor standards, grievance procedures
and judicial review, nondiscrimination, allotment of funds, and
eligibility), and any of the statutory or regulatory requirements of
sections 8-10 of the Wagner-Peyser Act (except for requirements
relating to the provision of services to unemployment insurance
claimants and veterans, and to universal access to basic labor exchange
services without cost to job seekers), for a duration not to exceed the
waiver period authorized under section 311(e) of Public Law 103-227,
pursuant to a plan submitted by such States and approved by the
Secretary for the provision of workforce employment and training
activities in the States, which includes a description of the process
by which service delivery areas and substate areas may apply for and
have waivers approved by the State, the requirements of the Wagner-
Peyser Act to be waived, the outcomes to be achieved and other measures
to be taken to ensure appropriate accountability for federal funds.
Community Service Employment for Older Americans
(transfer of funds)
To carry out the activities for national grants or
contracts with public agencies and public or private nonprofit
organizations under paragraph (1)(A) of section 506(a) of title
V of the Older Americans Act of 1965, as amended, or to carry
out older worker activities as subsequently authorized,
$361,140,000, 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 $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 isprojected by the Department of Labor to exceed 2,828,000
an additional $28,600,000 shall be available for obligation for every
100,000 increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) from the Employment Security
Administration Account of the Unemployment Trust Fund: Provided
further, That funds appropriated in this Act which are used to
establish a national one-stop career center network may be obligated in
contracts, grants or agreements with non-State entities: Provided
further, That funds appropriated under this Act for activities
authorized under the Wagner-Peyser Act, as amended, and title III of
the Social Security Act, may be used by the States to fund integrated
Employment Service and Unemployment Insurance automation efforts,
notwithstanding cost allocation principles prescribed under Office of
Management and Budget Circular A-87.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, as amended, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code
of 1954, as amended; and for nonrepayable advances to the
Unemployment Trust Fund as authorized by section 8509 of title
5, United States Code, section 104(d) of Public Law 102-164,
and section 5 of Public Law 103-6, and to the ``Federal
unemployment benefits and allowances'' account, to remain
available until September 30, 1998, $373,000,000.
In addition, for making repayable advances to the Black
Lung Disability Trust Fund in the current fiscal year after
September 15, 1997, for costs incurred by the Black Lung
Disability Trust Fund in the current fiscal year, such sums as
may be necessary.
program administration
For expenses of administering employment and training
programs and for carrying out section 908 of the Social
Security Act, $81,393,000, together with not to exceed
$39,977,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
Pension and Welfare Benefits Administration
salaries and expenses
For necessary expenses for Pension and Welfare Benefits
Administration, $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 section 39(c)
and 44 (j) of the Longshore and Harbor Workers' Compensation
Act: Provided, That the Secretary of Labor is authorized to
accept, retain, and spend, until expended, in the name of the
Department of Labor, all sums of money ordered to be paid to
the Secretary of Labor, in accordance with the terms of the
Consent Judgment in Civil Action No. 91-0027 of the United
States District Court for the District of the Northern Mariana
Islands (May 21, 1992): Provided further, That the Secretary of
Labor is authorized to establish and, in accordance with 31
U.S.C. 3302, collect and deposit in the Treasury fees for
processing applications and issuing certificates under sections
11(d) and 14 of the Fair Labor Standards Act of 1938, as
amended (29 U.S.C. 2119d) 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 addition 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 underSubchapter 5, U.S.C., chapter 81, or
under subchapter 33, U.S.C. 901, et seq. (the Longshore and Harbor
Workers' Compensation Act, as amended), provide as part of such notice
and claim, such identifying information (including Social Security
account number) as such regulations may prescribe.
black lung disability trust fund
(including transfer of funds)
For payments from the Black Lung Disability Trust Fund,
$1,007,644,000, of which $961,665,000 shall be available until
September 30, 1998, for payment of all benefits as authorized
by section 9501(d) (1), (2), (4), and (7) of the Internal
Revenue Code of 1954, as amended, and interest on advances as
authorized by section 9501(c)(2) of that Act, and of which
$26,071,000 shall be available for transfer to Employment
Standards Administration, Salaries and Expenses, $19,621,000
for transfer to Departmental Management, Salaries and Expenses,
and $287,000 for transfer to Departmental Management, Office of
Inspector General, for expenses of operation and administration
of the Black Lung Benefits program as authorized by section
9501(d)(5)(A) of that Act: Provided, That, in addition, such
amounts as may be necessary may be charged to the subsequent
year appropriation for the payment of compensation, interest,
or other benefits for any period subsequent to August 15 of the
current year: Provided further, That in addition such amounts
shall be paid from this fund into miscellaneous receipts as the
Secretary of the Treasury determines to be the administrative
expenses of the Department of the Treasury for administering
the fund during the current fiscal year, as authorized by
section 9501(d)(5)(B) of that Act.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and
Health Administration, $325,734,000, including not to exceed
$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 Occupational Safety and Health Administration may
retain up to $750,000 per fiscal year of training institute
course tuition fees, otherwise authorized by law to be
collected, and may utilize such sums for occupational safety
and health training and education grants: Provided, That,
notwithstanding 31 U.S.C. 3302, the Secretary of Labor is
authorized, during the fiscal year ending September 30, 1997,
to collect and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that
ensure the safety of equipment and products used by workers in
the workplace: Provided further, That none of the funds
appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Occupational
Safety and Health Act of 1970 which is applicable to any person
who is engaged in a farming operation which does not maintain a
temporary labor camp and employs ten or fewer employees:
Provided further, That no funds appropriated under this
paragraph shall be obligated or expended to administer or
enforce any standard, rule, regulation, ororder under the
Occupational Safety and Health Act of 1970 with respect to any employer
of ten or fewer employees who is included within a category having an
occupational injury lost workday case rate, at the most precise
Standard Industrial Classification Code for which such data are
published, less than the national average rate as such rates are most
recently published by the Secretary, acting through the Bureau of Labor
Statistics, in accordance with section 24 of that Act (29 U.S.C. 673),
except--
(1) to provide, as authorized by such Act,
consultation, technical assistance, educational and
training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by such Act with
respect to imminent dangers;
(4) to take any action authorized by such Act with
respect to health hazards;
(5) to take any action authorized by such Act with
respect to a report of an employment accident which is
fatal to one or more employees or which results in
hospitalization of two or more employees, and to take
any action pursuant to such investigation authorized by
such Act; and
(6) to take any action authorized by such Act with
respect to complaints of discrimination against
employees for exercising rights under such Act:
Provided further, That the foregoing proviso shall not
apply to any person who is engaged in a farming
operation which does not maintain a temporary labor
camp and employs ten or fewer employees.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $197,810,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue and
first-aid work, and the hire of passenger motor vehicles; the
Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to
prosecute projects in cooperation with other agencies, Federal,
State, or private; the Mine Safety and Health Administration is
authorized to promote health and safety education and training
in the mining community through cooperative programs with
States, industry, and safety associations; and any funds
available to the Department may be used, with the approval of
the Secretary, to provide for the costs of mine rescue and
survival operations in the event of a major disaster: Provided,
That none of the funds appropriated under this paragraph shall
be obligated or expended to carry out section 115 of the
Federal Mine Safety and Health Act of 1977 or to carry out that
portion of section 104(g)(1) of such Act relating to the
enforcement of any training requirements, with respect to shall
dredging, or with respect to any sand, gravel, surface stone,
surface clay, colloidal phosphate, or surface limestone mine.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor
Statistics, including advances or reimbursements to
State,Federal, and local agencies and their employees for services
rendered, $309,647,000, of which $16,145,000 shall be for expenses of
revising the Consumer Price Index and shall remain available until
September 30, 1998, together with not to exceed $52,053,000, which may
be expended from the Employment Security Administration account in the
Unemployment Trust Fund.
Departmental Management
salaries and expenses
For necessary expenses for Departmental Management,
including the hire of three sedans, and including up to
$4,358,000 for the President's Committee on Employment of
People With Disabilities, $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 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.
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 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 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 thisheading, not more than
$8,000,000 shall be made available and shall remain available until
expended for loan guarantees for loans made by non-Federal lenders for
the construction, renovation, and modernization of medical facilities
that are owned and operated by health centers funded under part A of
title XVI of the Public Health Service Act as amended, and, subject to
authorization, for loans made to health centers for the costs of
developing and operating managed care networks or plans, and that such
funds be available to subsidize guarantees of total loan principal in
an amount not to exceed $80,000,000: Provided further, That
notwithstanding section 502(a)(1) of the Social Security Act, not to
exceed $103,609,000 is available for carrying out special projects of
regional and national significance pursuant to section 501(a)(2) of
such Act.
medical facilities guarantee and loan fund
federal interest subsidies for medical facilities
For carrying out subsections (d) and (e) of section 1602
of the Public Health Service Act, $7,000,000, together with any
amounts received by the Secretary in connection with loans and
loan guarantees under title VI of the Public Health Service
Act, to be available without fiscal year limitation for the
payment of interest subsidies. During the fiscal year, no
commitments for direct loans or loan guarantees shall be made.
health education assistance loans program
For the cost of guaranteed loans, such sums as may be
necessary to carry out the purpose of the program, as
authorized by title VII of the Public Health Service Act, as
amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize gross obligations for the
total loan principal any part of which is to be guaranteed at
not to exceed $140,000,000. In addition, for administrative
expenses to carry out the guaranteed loan program, $2,688,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims associated
with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the Public Health Service Act, to remain
available until expended: Provided, That for necessary
administrative expenses, not to exceed $3,000,000 shall be
available from the Trust Fund to the Secretary of Health and
Human Services.
vaccine injury compensation
For payment of claims resolved by the United States Court
of Federal Claims related to the administration of vaccines
before October 1, 1988, $110,000,000 to remain available until
expended.
Centers for Disease Control and Prevention
disease control, research, and training
To carry out titles II, III, VII, XI, XV, XVII, and XIX
of the Public Health Service Act, sections 101, 102, 103, 201,
202, 203, 301, and 501 of the Federal Mine Safety and Health
Act of 1977, and sections 20, 21 and 22 of the Occupational
Safety and Health Act of 1970, title IV of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980; including insurance of official motor
vehicles in foreign countries; and hire, maintenance, and
operation of aircraft, $2,262,698,000, 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 remainavailable until September 30, 1998 for
mine safety and health activities, and in addition, such sums as may be
derived from authorized user fees, which shall be credited to this
account: Provided, That in addition to amounts provided herein, up to
$48,400,000 shall be available from amounts available under section 241
of the Public Health Service Act, to carry out the National Center for
Health Statistics surveys: Provided further, That none of the funds
made available for injury prevention and control at the Centers for
Disease Control and Prevention may be used to advocate or promote gun
control: Provided further, That the Director may redirect the total
amount made available under authority of Public Law 101-502, section 3,
dated November 3, 1990, to activities the Director may so designate:
Provided further, That the Congress is to be notified promptly of any
such transfer: Provided further, That the functions described in clause
(1) of the first proviso under the subheading ``mines and minerals''
under the heading ``Bureau of Mines'' in the text of title I of the
Department of the Interior and Related Agencies Appropriations Act,
1996, as enacted by section 101 (c) of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public Law 104-134), are
hereby transferred to, and vested in, the Secretary of Health and Human
Services, subject to section 1531 of title 31, United States Code:
Provided further, That of the amount provided, $23,000,000 is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
In addition, $41,000,000, to be derived from the Violent
Crime Reduction Trust Fund, for carrying out sections 40151 and
40261 of Public Law 103-322.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $2,382,532,000.
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.
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.
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
ofservices 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.
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 SecurityAct,
$96,175,000; in addition, amounts received from Freedom of Information
Act fees, reimbursable and interagency agreements, and the sale of data
tapes shall be credited to this appropriation and shall remain
available until expended: Provided, That the amount made available
pursuant to section 926(b) of the Public Health Service Act shall not
exceed $47,412,000.
Health Care Financing Administration
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $75,056,618,000, to remain
available until expended.
For making, after May 31, 1997, payments to States under
title XIX of the Social Security Act for the last quarter of
fiscal year 1997 for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
For making payments to States under title XIX of the
Social Security Act for the first quarter of fiscal year 1998,
$27,988,993,000, to remain available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as
provided under sections 217(g) and 1844 of the Social Security
Act, sections 103(c) and 111(d) of the Social Security
Amendments of 1965, section 278(d) of Public Law 97-248, and
for administrative expenses incurred pursuant to section 201(g)
of the Social Security Act, $60,079,000,000.
program management
For carrying out, except as otherwise provided, titles
XI, XVIII, and XIX of the Social Security Act, title XIII of
the Public Health Service Act, and the Clinical Laboratory
Improvement Amendments of 1988, not to exceed $1,735,125,000 to
be transferred from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as
authorized by section 201(g) of the Social Security Act;
together with all funds collected in accordance with section
353 of the Public Health Service Act, the latter funds to
remain available until expended, together with such sums as may
be collected from authorized user fees and the sale of data,
which shall remain available until expended: Provided, That all
funds derived in accordance with 31 U.S.C. 9701 from
organizations established under title XIII of the Public Health
Service Act are to be credited to and available for carrying
out the purposes of this appropriation.
health maintenance organization loan and loan guarantee fund
For carrying out subsections (d) and (e) of section 1308
of the Public Health Service Act, any amounts received by the
Secretary in connection with loans and loan guarantees under
title XIII of the Public Health Service Act, to be available
without fiscal year limitation for the payment of outstanding
obligations. During fiscal year 1997, no commitments for direct
loans or loan guarantees shall be made.
Administration for Children and Families
family support payments to states
For making payments 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 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 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.
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.
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 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 House 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''.
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 is amended by
replacing ``section 457(a)'' wherever it appears with ``a plan
approved under this part''. Amounts available under such
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--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; $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. 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 TechnologyEducation 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 Grant for which a student shall be
eligible during award year 1997-1998 shall be $2,700: Provided,
That notwithstanding section 401(g) of the Act, if the
Secretary determines, prior to publication of the payment
schedule for such award year, that the amount included within
this appropriation for Pell Grant awards in such award year,
and any funds available from the fiscal year 1996 appropriation
for Pell Grant awards, are insufficient to satisfy fully all
such awards for which students are eligible, as calculated
under section 401(b) of the Act, the amount paid for each such
award shall be reduced by either a fixed or variable
percentage, or by a fixed dollar amount, as determined in
accordance with a schedule of reductions established by the
Secretary for this purpose.
federal family education loan program account
For Federal administrative expenses to carry out
guaranteed student loans authorized by title IV, part B, of the
Higher Education Act, as amended, $46,572,000.
higher education
For carrying out, to the extent not otherwise provided,
parts A and B of title III, without regard to section
360(a)(1)(B)(ii), titles IV, V, VI, VII, and IX, part A and
subpart 1 of part B of title X, and title XI of the Higher
Education Act of 1965, as amended, Public Law 102-423 and the
Mutual Educational and Cultural Exchange Act of 1961;
$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. MuskieFoundation 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 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 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.
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 section 458 of the Higher Education Act,
the Secretary may not use funds available under that section or
any other section for subsequent fiscal years for
administrative expenses of the William D. Ford Direct Loan
Program. The Secretary may not require the return of guaranty
agency reserve funds during fiscal year 1997, except after
consultation with both the Chairmen and ranking members of the
House Economic and Educational Opportunities Committee and the
Senate Labor and Human Resources Committee. Any reserve funds
recovered by the Secretary shall be returned to the Treasury of
the United States for purposes of reducing the Federal deficit.
No funds available to the Secretary may be used for (1)
the hiring of advertising agencies or other third parties to
provide advertising services for student loan programs 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 outsection 621(b) of Public
Law 101-589.
(transfer of funds)
Sec. 306. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act, as amended) which are appropriated for the current
fiscal year for the Department of Education in this Act may be
transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the Appropriations Committees of both Houses of
Congress are notified at least fifteen days in advance of any
transfer.
Sec. 307. (a) Section 8003(f)(3)(A)(i) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7703(f)(3)(A)(i)) is amended--
(1) in the matter preceding subclause (I), by
striking ``The Secretary'' and all that follows through
``greater of--'' and inserting the following: ``The
Secretary, in conjunction with the local educational
agency, shall first determine each of the following:'';
(2) in each of subclauses (I) through (III), by
striking ``the average'' each place it appears the
first time in each such subclause and inserting ``The
average'';
(3) in subclause (I), by striking the semicolon and
inserting a period;
(4) in subclause (II), by striking ``: or'' and
inserting a period; and
(5) by adding at the end the following:
``The local educational agency shall select one of the
amounts determined under subclause (I), (II), or (III) for
purposes of the remaining computations under this
subparagraph.''.
(b) The amendments made by subsection (a) shall apply
with respect to fiscal years beginning with fiscal year 1995.
Sec. 308. Section 485(e)(9) of the Higher Education Act
of 1965 is amended 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
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 beavailable or used to aid or support
any program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service to carry out the functions vested in it by
the Labor Management Relations Act, 1947 (29 U.S.C. 171-180,
182-183), including hire of passenger motor vehicles; and for
expenses necessary for the Labor-Management Cooperation Act of
1978 (29 U.S.C. 175a); and for expenses necessary for the
Service to carry out the functions vested in it by the Civil
Service Reform Act, Public Law 95-454 (5 U.S.C. chapter 71),
$32,579,000 including $1,500,000, to remain available through
September 30, 1998, for activities authorized by the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a): Provided,
That notwithstanding 31 U.S.C. 3302, fees charged, up to full-
cost recovery, for special training activities and for
arbitration services shall be credited to and merged with this
account, and shall remain available until expended: Provided
further, That fees for arbitration services shall be available
only for education, training, and professional development of
the agency workforce: Provided further, That the Director of
the Service is authorized to accept on behalf of the United
States gifts of services and real, personal, or other property
in the aid of any projects or functions within the Director's
jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission (30 U.S.C. 801 et seq.), $6,060,000.
National Commission on Libraries and Information Science
salaries and expenses
For necessary expenses for the National Commission on
Libraries and Information Science, established by the Act of
July 20, 1970 (Public Law 91-345, as amended by Public Law 102-
95), $897,000.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation Act
of 1973, as amended, $1,793,000.
National Education Goals Panel
For expenses necessary for the National Education Goals
Panel, as authorized by title II, part A of the Goals 2000:
Educate America Act, $1,500,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, as amended (29 U.S.C. 141-167),
and other laws, $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.
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.
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, 1988: Provided
further, That not less than $1,268,000 shall be for the Social
Security Advisory Board: Provided further, That unobligated
balances at the end of fiscal year 1997 not needed for fiscal
year 1997 shall remain available until expended for a state-of-
the-art computing network, including related equipment and
administrative expenses associated solely with this network.
From funds provided under the previous paragraph, not
less than $200,000,000 shall be available for conducting
continuing disability reviews.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$310,000,000, to remain available until September 30, 1998, for
continuing disability reviews as authorized by section 103 of
Public Law 104-121 and Supplemental Security Income
administrative work as authorized by Public Law 104-193. The
term ``continuing disability reviews'' means reviews and
redetermination as defined under section 201(g)(1)(A) of the
Social Security Act as amended, and reviews and
redeterminations authorized under section 211 of Public Law
104-193.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$234,895,000, which shall remain available until expended, to
invest in a state-of-the-art computing network, including
related equipment and administrative expenses associated solely
with this network, for the Social Security Administration and
the State Disability Determination Services, may be expended
from any or all of the trust funds as authorized by section
201(g)(1) of the Social Security Act.
office of inspector general
For expenses necessary for the Office of Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $6,335,000, together with not to
exceed $31,089,000, to be transferred and expended as
authorized by section 201(g)(1) of the Social Security Act from
the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $223,000,000, which shall include amounts becoming
available in fiscal year 1997 pursuant to section 224(c)(1)(B)
of Public Law 98-76; and in addition, an amount, not to exceed
2 percent of the amount provided herein, shall be available
proportional to the amount by which the product of recipients
and the average benefit received exceeds $223,000,000: Provided, That
the total amount provided herein shall be credited in 12 approximately
equal amounts on the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury
for the payment of benefits under the Railroad Retirement Act
for interest earned on unnegotiated checks, $300,000, to remain
available through September 30, 1998, which shall be the
maximum amount available for payment pursuant to section 417 of
Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $87,898,000, to be derived
in such amounts as determined by the Board from the railroad
retirement accounts and from moneys credited to the railroad
unemployment insurance administration fund.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector
General for audit, investigatory and review activities, as
authorized by the Inspector General Act of 1978, as amended,
not more than $5,404,000, to be derived from the railroad
retirement accounts and railroad unemployment insurance
account: Provided, That none of the funds made available in
this Act may be transferred to the Office from the Department
of Health and Human Services, or used to carry out any such
transfer: Provided further, That none of the funds made
available in this paragraph may be used for any audit,
investigation, or review of the Medicare program.
United States Institute of Peace
operating expenses
For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace
Act, $11,160,000.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act: Provided, That
such transferred balances are used for the same purpose, and
for the same periods of time, for which they were originally
appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use
of any kit, pamphlet, booklet, publication, radio, television,
or video presentation designed to support or defeat legislation
pending before the Congress, 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''.
Sec. 505. Notwithstanding any other provision of this
Act, no funds appropriated under this Act shall be used to
carry out any program of distributing sterile needles for the
hypodermic injection of any illegal drug unless the Secretary
of Health and Human Services determines that such programs are
effective in preventing the spread of HIV and do not encourage
the use of illegal drugs.
Sec. 506. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial
assistance to, or entering into any contract with, any entity
using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made
in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely
Labeling Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, code of Federal Regulations.
Sec. 507. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part with
Federal money, all grantees receiving Federal funds included in
this Act, including but not limited to State and local
governments and recipients of Federal research grants, shall
clearly state (1) the percentage of the total costs of the
program or project which will be financed with Federal money,
(2) the dollar amount of Federal funds for the project or
program, and (3) percentage and dollar amount of the total
costs of the project or program that will be financed by
nongovernmental sources.
Sec. 508. None of the funds appropriated under this Act
shall be expended for any abortion except when it is made known
to the Federal entity or official to which funds are
appropriated under this Act that such procedure is necessary to
save the life of the mother or that the pregnancy is the result
of an act of rape or incest.
Sec. 509. Notwithstanding any other provision of law--
(1) no amount may be transferred from an
appropriation account for the Departments of Labor,
Health and Human Services, and Education except as
authorized in this or any subsequent appropriation Act,
or in the Act establishing the program or activity for
which funds are contained in this Act;
(2) no department, agency, or other entity, other
than the one responsible for administering the program
or activity for which an appropriation is made in this
Act, may exercise authority for the timing of the
obligation and expenditure of such appropriation, or
for the 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
(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 of 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 fundsthat
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 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
(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 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. 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;
(2) the term ``employee'' means an employee (as
defined by section 2105 of title 5, United States Code)
who is employed by an agency, is serving under an
appointment without time limitation, and has been
currently employed for a continuous period of at least
3 years, but does not include--
(A) a reemployed annuitant under subchapter
III of chapter 83 or chapter 84 of title 5,
United States Code, or another retirement
system for employees of the agency;
(B) an employee having a disability on the
basis of which such employee is or would be
eligible for disability retirement under
subchapter III of chapter 83 or chapter 84 of
title 5, United States Code, or another
retirement system for employees of the agency;
(C) an employee who is in receipt of a
specific notice of involuntary separation for
misconduct or unacceptable performance;
(D) an employee who, upon completing an
additional period of service as referred to in
section 3(b)(2)(B)(ii) of the Federal Workforce
Restructuring Act of 1994 (5 U.S.C. 5597 note),
would qualify for a voluntary separation
incentive payment under section 3 of such Act;
(E) an employee who has previously received
any voluntary separation incentive payment by
the Federal Government under this section or
any other authority and has not repaid such
payment;
(F) an employee covered by statutory
reemployment rights who is on transfer to
another organization; or
(G) any employee who, during the twenty-
four-month period preceding the date of
separation, has received a recruitment or
relocation bonus under section 5753 of title 5,
United States Code, or who, within the twelve-
month period preceding the date of separation,
received a retention allowance under section
5754 of title 5, United States Code.
(b) Agency Strategic Plan.--
(1) In general.--The three-member Railroad
Retirement Board, prior to obligating any resources for
voluntary separation incentive payments, shall submit
to the House and Senate Committees on Appropriations
and the Committee on Governmental Affairs of the Senate
and the Committee on Government Reform and Oversight of
the House of Representatives a strategic plan outlining
the intended use of such incentive payments and a
proposed organizational chart for the agency once such
incentive payments have been completed.
(2) Contents.--The agency's plan shall include--
(A) the positions and functions to be
reduced or eliminated, identified by
organizational unit, geographic location,
occupational category and grade level;
(B) the number and amounts of voluntary
separation incentive payments to be offered;
and
(C) a description of how the agency will
operate without the eliminated positions and
functions.
(c) Authority To Provide Voluntary Separation Incentive
Payments.--
(1) In general.--A voluntary separation incentive
payment under this section may be paid by an agency to
any employee only to the extent necessary to eliminate
the positions and functions identified by the strategic
plan.
(2) Amount and treatment of payments.--A voluntary
separation incentive payment--
(A) shall be paid in a lump sum after the
employee's separation;
(B) shall be paid from appropriations or
funds available for the payment of the basic
pay of the employees;
(C) shall be equal to the lesser of--
(i) an amount equal to the amount
the employee would be entitled to
receive under section 5595(c) of title
5, United States Code; or
(ii) an amount determined by the
agency head not to exceed $25,000;
(D) may not be made except in the case of
any qualifying employee who voluntarily
separates (whether by retirement or
resignation) before September 30, 1997;
(E) shall not be a basis for payment, and
shall not be included in the computation, of
any other type of Government benefit; and
(F) shall not be taken into account in
determining the amount of any severance pay to
which the employee may be entitled under
section 5595 of title 5, United States Code,
based on any other separation.
(d) Additional Agency Contributions to the Retirement
Fund.--
(1) In general.--In addition to any other payments
which it is required to make under subchapter III of
chapter 83 of title 5, United States Code, an agency
shall remit to the Office of Personnel Management for
deposit in the Treasury of the United States to the
credit of the Civil Service Retirement and Disability
Fund an amount equal to 15 percent of the final basic
pay of each employee of the agency who is covered under
subchapter III of chapter 83 or chapter 84 of title 5,
United States Code, to whom a voluntary separation
incentive has been paid under this section.
(2) Definition.--For the purpose of paragraph (1),
the term ``final basic pay'', with respect to an
employee, means the total amount of basic pay which
would be payable for a year of service by such
employee, computed using the employee's final rate of
basic pay, and if last serving onother than a full-time
basis, with appropriate adjustment therefor.
(e) Effect of Subsequent Employment With the
Government.--An individual who has received a voluntary
separation incentive payment under this section and accepts any
employment for compensation with the Government of the United
States, or who works for any agency of the United States
Government through a personal services contract, within 5 years
after the date of the separation on which the payment is based
shall be required to pay, prior to the individual's first day
of employment, the entire amount of the incentive payment to
the agency that paid the incentive payment.
(f) Reduction of Agency Employment Levels.--
(1) In general.--The total number of funded
employee positions in the agency shall be reduced by
one position for each vacancy created by the separation
of any employee who has received, or is due to receive,
a voluntary separation incentive payment under this
section. For the purposes of this subsection, positions
shall be counted on a full-time-equivalent basis.
(2) Enforcement.--The President, through the Office
of Management and Budget, shall monitor the agency and
take any action necessary to ensure that the
requirements of this subsection are met.
(g) Effective Date.--This section shall take effect
October 1, 1996.
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 is amended by
striking ``October 1, 1997'' and inserting ``October 1, 1996''.
TITLE VI--REORGANIZATION 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 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 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 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
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
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 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 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 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).
``(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:
``or the Holding Company of the Student
Loan Marketing Association, including
any subsidiary of the Holding Company,
created pursuant to section 440''.
(B) 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 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--
(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.--
``(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. 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
``(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 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) 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.
(f) 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 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 (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.
(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.
(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 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 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:
``TITLE II--MUSEUM AND LIBRARY SERVICES
``Subtitle A--General Provisions
``SEC. 201. SHORT TITLE.
``This title may be cited as the `Museum and Library
Services Act'.
``SEC. 202. 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. 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. 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.
``(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. 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. 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. 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 of 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 Services and Technology
``SEC. 211. SHORT TITLE.
``This subtitle may be cited as the `Library Services and
Technology Act'.
``SEC. 212. 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.
SEC. 213. 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 APPROPRIATIONS.
``(a) Authorization of Appropriations.--
``(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 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 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
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. 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.
``(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; 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 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. 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.
``(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. 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 of
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. 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, special, and institutional libraries,
and libraries serving individuals with disabilities.
``Subchapter B--Federal Requirements
``SEC. 261. 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. 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. 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. PURPOSE.
``It is the purpose of this subtitle--
``(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. 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 Commomwealth 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 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 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. 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. 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.
``(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) Reappointement.--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.
``(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. 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--
``(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. 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;
(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 MuseumServices. 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.
(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 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
(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. 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. 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. 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.
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
(A) 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.),''.
(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 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.
(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 appropriations for the Treasury Department, the United
States Postal Service, the Executive Office of the President, and
certain Independent Agencies, for the fiscal year ending September 30,
1997, and for other purposes.
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business; not to exceed $2,900,000 for official travel
expenses; not to exceed $150,000 for official reception and
representation expenses; not to exceed $258,000 for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Secretary of the Treasury
and to be accounted for solely on his certificate;
$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.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, not to exceed $2,000,000 for official travel
expenses; including hire of passenger motor vehicles; and not
to exceed $100,000 for unforeseen emergencies of a confidential
nature, to be allocated and expended under the direction of the
Inspector General of the Treasury; $29,736,000.
Office of Professional Responsibility
salaries and expenses
For necessary expenses of the Office of Professional
Responsibility, including purchase and hire of passenger motor
vehicles, $1,500,000.
Treasury Buildings and Annex Repair and Restoration
including transfer of funds
For the repair, alteration, and improvement of the Treasury
Building and Annex, $28,213,000, to remain available until
expended: Provided, That funds previously made available under
this title for the Secret Service Headquarter's building shall
be transferred to the Secret Service Acquisition, Construction,
Improvement and Related Expenses appropriation.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
expenses of non-Federal law enforcement personnel to attend
meetings concerned with financial intelligence activities, law
enforcement, and financial regulation; not to exceed $14,000
for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or without
reimbursement; $22,387,000: Provided, That notwithstanding any
other provision of law, the Director of the Financial Crimes
Enforcement Network may procure up to $500,000 in specialized,
unique, or novel automatic data processing equipment, ancillary
equipment, software, services, and related resources from
commercial vendors without regard to otherwise applicable
procurement laws and regulations and without full and open
competition, utilizing procedures best suited under the
circumstances of the procurement to efficiently fulfill the
agency's requirements: Provided further, That funds
appropriated in this account may be used to procure personal
services contracts.
Department of the Treasury Forfeiture Fund
For necessary expenses of the Treasury Forfeiture Fund, as
authorized by Public Law 102-393, not to exceed $10,000,000, to
be derived from deposits in the fund: Provided, That
notwithstanding any other provision of law, not to exceed
$7,500,000 shall be made available for the development of a
Federal wireless communication system: Provided further, That
the Secretary of the Treasury is authorized to receive all
unavailable collections transferred from the Special Forfeiture
Fund established by section 6073 of the Anti-Drug Abuse Act of
1988 (21U.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 franchise
fund pilot, as authorized by section 403 of Public Law 103-356,
to be available as provided in such section for expenses and
equipment necessary for the maintenance and operation of such
financial and administrative support services as the Secretary
determines may be performed more advantageously as central
services: Provided, That any inventories, equipment, and other
assets pertaining to the services to be provided by such fund,
either on hand or on order, less the related liabilities or
unpaid obligations, and any appropriations made for the purpose
of providing capital, shall be used to capitalize such fund:
Provided further, That such fund shall be reimbursed or
credited with the payments, including advanced payments, from
applicable appropriations and funds available to the Department
and other Federal agencies for which such administrative and
financial services are performed, at rates which will recover
all expenses of operation, including accrued leave,
depreciation of fund plant and equipment, amortization of
Automatic Data Processing (ADP) software and systems, and an
amount necessary to maintain a reasonable operating reserve, as
determined by the Secretary: Provided further, That such fund
shall provide services on a competitive basis: Provided
further, That an amount not to exceed 4 percent of the total
annual income to such fund may be retained in the fund for
fiscal year 1997 and each fiscal year thereafter, to remain
available until expended, to be used for the acquisition of
capital equipment and for the improvement and implementation of
Treasury financial management, ADP, and other support systems:
Provided further, That no later than 30 days after the end of
each fiscal year, amounts in excess of this reserve limitation
shall be deposited as miscellaneous receipts in the Treasury:
Provided further, That such franchise fund pilot shall
terminate pursuant to section 403(f) of Public Law 103-356.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement
Training Center, as a bureau of the Department of the Treasury,
including materials and support costs of Federal law
enforcement basic training; purchase (not to exceed 52 for
police-type use, without regard to the general purchase price
limitation) and hire of passenger motor vehicles; for expenses
for student athletic and related activities; uniforms without
regard to the general purchase price limitation for the current
fiscal year; the conducting of and participating in firearms
matches and presentation of awards; for public awareness and
enhancing community support of law enforcement training; not to
exceed $9,500 for official reception and representation
expenses; room and board for student interns; and services as
authorized by 5 U.S.C. 3109; $54,831,000, of which up to
$13,034,000 for materials and support costs of Federal law
enforcement basic training shall remain available until
September 30, 1999: Provided, That the Center is authorized to
accept and use gifts of property, both real and personal, and
to accept services, for authorized purposes, including funding
of a gift of intrinsic value which shall be awarded annually by
the Director of the Center to the outstanding student who
graduated from a basic training program at the Center during
the previous fiscal year, which shall be funded only by gifts
received through the Center's gift authority: Provided further,
That notwithstanding any other provision of law, students
attending training at any Federal Law Enforcement Training
Center site shall reside in on-Center or Center-provided
housing, insofar as available and in accordance with Center
policy: Provided further, That funds appropriated in this
account shall be available, at the discretion of the Director,
for: training United States Postal Service law enforcement
personnel and Postal police officers; State and local
government law enforcement training on a space-available basis;
training of foreign law enforcement officials on a space-
available basis with reimbursement of actual costs to this
appropriation; training of private sector security officials on
a space-available basis with reimbursement of actual costs to
this appropriation; and travel expenses of non-Federal
personnel to attend course development meetings and training at
the Center: Provided further, That the Center is authorized to
obligate funds in anticipation of reimbursements from agencies
receiving training at the Federal Law Enforcement Training
Center, except that total obligations at the end of the fiscal
year shall not exceed total budgetary resources available at
the end of the fiscal year: Provided further, That the Federal
Law Enforcement Training Center is authorized to provide short
term medical services for students undergoing training at the
Center.
acquisition, construction, improvements, and related expenses
For expansion of the Federal Law Enforcement Training
Center, for acquisition of necessary additional real property
and facilities, and for ongoing maintenance, facility
improvements, and related expenses, $18,884,000, to remain
available until expended.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$196,069,000, of which not to exceed $14,277,000 shall remain
available until expended for systems modernization initiatives.
In addition, $90,000, to be derived from the Oil Spill
Liability Trust Fund, to reimburse the Service for
administrative and personnel expenses for financial management
of the Fund, as authorized by section 1012 of Public Law 101-
380: Provided, That none of the funds made available for
systems modernization initiatives may not be obligated until
the Commissioner of the Financial Management Service has
submitted, and the Committees on Appropriations of the House
and Senate have approved, a report that identifies,evaluates,
and prioritizes all computer systems investments planned for fiscal
year 1997, a milestone schedule for the development and implementation
of all projects included in the systems investment plan, and a systems
architecture plan.
Bureau of Alcohol, Tobacco and Firearms
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco
and Firearms, including purchase of not to exceed 650 vehicles
for police-type use for replacement only and hire of passenger
motor vehicles; hire of aircraft; and services of expert
witnesses at such rates as may be determined by the Director;
for payment of per diem and/or subsistence allowances to
employees where an assignment to the National Response Team
during the investigation of a bombing or arson incident
requires an employee to work 16 hours or more per day or to
remain overnight at his or her post of duty; not to exceed
$12,500 for official reception and representation expenses; for
training of State and local law enforcement agencies with or
without reimbursement, including training in connection with
the training and acquisition of canines for explosives and fire
accelerants detection; provision of laboratory assistance to
State and local agencies, with or without reimbursement;
$393,971,000, of which $12,011,000, to remain available until
expended, shall be available for arson investigations, with
priority assigned to any arson, explosion or violence against
religious institutions; which not to exceed $1,000,000 shall be
available for the payment of attorneys' fees as provided by 18
U.S.C. 924(d)(2); and of which $1,000,000 shall be available
for the equipping of any vessel, vehicle, equipment, or
aircraft available for official use by a State or local law
enforcement agency if the conveyance will be used in drug-
related joint law enforcement operations with the Bureau of
Alcohol, Tobacco and Firearms and for the payment of overtime
salaries, travel, fuel, training, equipment, and other similar
costs of State and local law enforcement officers that are
incurred in joint operations with the Bureau of Alcohol,
Tobacco and Firearms: Provided, That no funds made available by
this or any other Act may be used to transfer the functions,
missions, or activities of the Bureau of Alcohol, Tobacco and
Firearms to other agencies or Departments in the fiscal year
ending on September 30, 1997: Provided further, That no funds
appropriated herein shall be available for salaries or
administrative expenses in connection with consolidating or
centralizing, within the Department of the Treasury, the
records, or any portion thereof, of acquisition and disposition
of firearms maintained by Federal firearms licensees: Provided
further, That no funds appropriated herein shall be used to pay
administrative expenses or the compensation of any officer or
employee of the United States to implement an amendment or
amendments to 27 CFR 178.118 or to change the definition of
``Curios or relics'' in 27 CFR 178.11 or remove any item from
ATF Publication 5300.11 as it existed on January 1, 1994:
Provided further, That none of the funds appropriated herein
shall be available to investigate or act upon applications for
relief from Federal firearms disabilities under 18 U.S.C.
925(c): Provided further, That such funds shall be available to
investigate and act upon applications filed by corporations for
relief from Federal firearms disabilities under 18 U.S.C.
925(c): Provided further, That no funds in this Act may be used
to provide ballistics imaging equipment to any State or local
authority who has obtained similar equipment through a Federal
grant or subsidy unless the State or local authority agrees to
return that equipment or to repay that grant or subsidy to the
Federal Government: Provided further, That no funds available
for separation incentive payments as authorized by section 663
of this Act may be obligated without the advance approval of
the House and Senate Committees on Appropriations: Provided
further, That no funds under this Act may be used to
electronically retrieveinformation gathered pursuant to 18
U.S.C. 923(g)(4) by name or any personal identification code.
laboratory facilities
For necessary expenses for design of a new facility or
facilities, to house the Bureau of Alcohol, Tobacco and
Firearms National Laboratory Center and the Fire Investigation
Research and Development Center, not to exceed 185,000
occupiable square feet, $6,978,000, to remain available until
expended: Provided, That these funds shall not be available
until a prospectus of authorization for the Laboratory
Facilities is approved by the House Committee on Transportation
and Infrastructure and the Senate Committee on Environment and
Public Works.
United States Customs Service
salaries and expenses
For necessary expenses of the United States Customs
Service, including purchase of up to 1,000 motor vehicles of
which 960 are for replacement only, including 990 for police-
type use and commercial operations; hire of motor vehicles;
contracting with individuals for personal services abroad; not
to exceed $30,000 for official reception and representation
expenses; and awards of compensation to informers, as
authorized by any Act enforced by the United States Customs
Service; $1,487,250,000; of which $65,000,000 shall be
available until expended for Operation Hardline; of which
$28,000,000 shall remain available until expended for
acquisition of aircraft and related operations and maintenance
associated with Operation Gateway; and of which such sums as
become available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus
Reconciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)),
shall be derived from that Account; of the total, not to exceed
$150,000 shall be available for payment for rental space in
connection with preclearance operations, and not to exceed
$4,000,000 shall be available until expended for research and
not to exceed $1,000,000 shall be available until expended for
conducting special operations pursuant to 19 U.S.C. 2081 and up
to $6,000,000 shall be available until expended for the
procurement of automation infrastructure items, including
hardware, software, and installation: Provided, That uniforms
may be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further, That
the United States Custom Service shall implement the General
Aviation Telephonic Entry program within 30 days of enactment
of this Act: Provided further, That no funds available for
separation incentive payments as authorized by section 663 of
this Act may be obligated without the advance approval of the
House and Senate Committees on Appropriations: Provided
further, That the Spirit of St. Louis Airport in St. Louis
County, Missouri, shall be designated a port of entry: Provided
further, That no funds under this Act may be used to provide
less than 30 days public notice for any change in apparel
regulations: Provided further, That $750,000 shall be available
for additional part-time and temporary positions in the
Honolulu Customs District: Provided further, That of the funds
appropriated $2,500,000 may be made available for the Western
Hemisphere Trade Center authorized by Public Law 103-182.
operation and maintenance, air and marine interdiction programs
For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and
other related equipment of the Air and Marine Programs,
including operational training and mission-related travel, and
rental payments for facilities occupied by the air or marine
interdiction and demand reduction programs, the operations of
which include: the interdiction of narcotics and other goods;
the provision of support to Customs and other Federal, State,
and local agencies in the enforcement or administration of laws
enforced by the Customs Service; and, at the discretion of the
Commissioner of Customs, the provision of assistance to
Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts; $83,363,000, which shall remain
available until expended: Provided, That no aircraft or other
related equipment, with the exception of aircraft which is one
of a kind and has been identified as excess to Customs
requirements and aircraft which has been damaged beyond repair,
shall be transferred to any other Federal agency, Department,
or office outside of the Department of the Treasury, during
fiscal year 1997 without the prior approval of the House and
Senate Committees on Appropriations.
customs services at small airports
(to be derived from fees collected)
Such sums as may be necessary for expenses for the
provision of Customs services at certain small airports or
other facilities when authorized by law and designated by the
Secretary of the Treasury, including expenditures for the
salary and expenses of individuals employed to provide such
services, to be derived from fees collected by the Secretary
pursuant to section 236 of Public Law 98-573 for each of these
airports or other facilities when authorized by law and
designated by the Secretary, and to remain available until
expended.
harbor maintenance fee collection
For administrative expenses related to the collection of
the Harbor Maintenance Fee, pursuant to Public Law103-182,
$3,000,000, to be derived from the Harbor Maintenance Trust Fund and to
be transferred to and merged with the Customs ``Salaries and Expenses''
account for such purposes.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt
issues of the United States; $169,735,000: Provided, That the
sum appropriated herein from the General Fund for fiscal year
1997 shall be reduced by not more than $4,400,000 as definitive
security issue fees and Treasury Direct Investor Account
Maintenance fees are collected, so as to result in a final
fiscal year 1997 appropriation from the General Fund estimated
at $165,335,000.
Internal Revenue Service
processing, assistance, and management
For necessary expenses of the Internal Revenue Service, not
otherwise provided for; including processing tax returns;
revenue accounting; providing assistance to taxpayers,
management services, and inspection; including purchase (not to
exceed 150 for replacement only for police-type use) and hire
of passenger motor vehicles (31 U.S.C. 1343(b)); and services
as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner; $1,779,840,000, of which up to
$3,700,000 shall be for the Tax Counseling for the Elderly
Program, and of which not to exceed $25,000 shall be for
official reception and representation expenses.
tax law enforcement
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; tax and
enforcement litigation; technical rulings; examining employee
plans and exempt organizations; investigation and enforcement
activities; securing unfiled tax returns; collecting unpaid
accounts; statistics of income and compliance research; the
purchase (for police-type use, not to exceed 850), and hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and services as
authorized by 5 U.S.C. 3109, at such rates as may be determined
by the Commissioner $4,104,211,000, of which not to exceed
$1,000,000 shall remain available until September 30, 1999, for
research.
information systems
For necessary expenses for data processing and
telecommunications support for Internal Revenue Service
activities, including tax systems modernization and operational
information systems; the hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109,
at such rates as may be determined by the Commissioner,
$1,323,075,000, of which no less than $130,075,000 shall be
available for Tax Systems Modernization (TSM) development and
deployment which shall be available until September 30, 1999,
and of which no less than $206,200,000 shall be available for
TSM Operational Systems: Provided, That none of the funds made
available for TSM Operational Systems shall be available after
July 31, 1997, unless the Department of the Treasury has
prepared a Request for Proposal which could be used as a base
for a solicitation of a contract with an alternative or new
Prime Contractor to manage, integrate, test and implement the
TSM program: Provided further, That all activities associated
with the development of a request for proposal, contract
solicitation, and contract award for private sector assistance
on TSM (both operational systems and development and deployment
systems), beyond private sector assistance which is currently
under contract, shall be conducted by the Department of the
Treasury's Modernization Management Board: Provided further,
That if the Internal Revenue Service determines that it is
unable to meet deadlines established herein, the Secretary of
the Treasury shall notify the Committees on Appropriations of
the House and the Senate of the delay: Provided further, That
the Internal Revenue Service shall submit, by February 1, 1997,
a timetable for implementing, by October 1, 1997,
recommendations made by the General Accounting Office in its
July 1995report, entitled: ``Tax Systems Modernization:
Management and Technical Weaknesses Must Be Corrected If Modernization
Is To Succeed'': Provided further, That the Internal Revenue Service
shall submit, by December 1, 1996, a schedule to transfer, not later
than July 31, 1997, a majority of Tax Systems Modernization
development, deployment, management, integration, and testing, from the
Internal Revenue Service to the private sector.
information systems
(rescission)
Of the funds made available under this heading for
Information Systems in Public Law 104-52, $115,000,000 are
rescinded, in Public Law 103-123, $17,447,000 are rescinded, in
Public Law 102-393, $15,000,000 are rescinded, and in Public
Law 102-141, $27,000,000 are rescinded.
administrative provisions--internal revenue service
Section 101. Not to exceed 5 percent of any appropriation
made available in this Act to the Internal Revenue Service may
be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the House and Senate
Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a
training program to insure that Internal Revenue Service
employees are trained in taxpayers' rights, in dealing
courteously with the taxpayers, and in cross-cultural
relations.
Sec. 103. The funds provided in this Act for the Internal
Revenue Service shall be used to provide as a minimum, the
fiscal year 1995 level of service, staffing, and funding for
Taxpayer Services.
Sec. 104. No funds available in this Act to the Internal
Revenue Service for separation incentive payments as authorized
by section 663 of this Act may be obligated without the advance
approval of the House and Senate Committees on Appropriations.
Sec. 105. The Internal Revenue Service (IRS) may proceed
with its field support reorganization in fiscal year 1997 after
it submits its report, no earlier than March 1, 1997, to the
Committees on Appropriations of the House and Senate only if
the IRS maintains, in fiscal year 1997, the current level of
taxpayer service employees that work on cases generated through
walk in visits and telephone calls to IRS offices.
Sec. 106. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased manpower to provide sufficient and
effective 1-800 help line for taxpayers. The Commissioner shall
make the improvement of the IRS 1-800 help line service a
priority and allocate resources necessary to increase phone
lines and staff to improve the IRS 1-800 help line service.
Sec. 107. No funds made available by this Act, or any other
Act, to the Internal Revenue Service may be used to pay for the
design and printing of more than two ink colors on the covers
of income tax packages, and such ink colors must be the same
colors as used to print the balance of the material in each
package.
Sec. 108. Notwithstanding any other provision of law, no
field support reorganization of the Internal Revenue Service
shall be undertaken in Aberdeen, South Dakota until the
Internal Revenue Service toll-free help phone line assistance
program reaches at least an 80 percent service level. The
Commissioner shall submit to Congress a report and the GAO
shall certify to Congress that the 80 percent service level has
been met.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase (not to exceed 702 vehicles for police-type
use, of which 665 shall be for replacement only), and hire of
passenger motor vehicles; hire of aircraft; training and
assistance requested by State and local governments, which may
be provided without reimbursement; services of expert witnesses
at such rates as may be determined by the Director; rental of
buildings in the District of Columbia, and fencing, lighting,
guard booths, and other facilities on private or other property
not in Government ownership or control, as may be necessary to
perform protective functions; for payment of per diem and/or
subsistence allowances to employees where a protective
assignment during the actual day or days of the visit of a
protectee require an employee to work 16 hours per day or to
remain overnight at his or her post of duty; the conducting of
and participating in firearms matches; presentation of awards;
and for travel of Secret Service employees on protective
missions without regard to the limitations on such expenditures
in this or any other Act: Provided, That approval is obtained
in advance from the House and Senate Committees on
Appropriations; for repairs, alterations, and minor
construction at the James J. Rowley Secret Service Training
Center; for research and development; for making grants to
conduct behavioral research in support of protective research
and operations; not to exceed $20,000 for official reception
and representation expenses; not to exceed $50,000 to provide
technical assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; for payment in
advance for commercial accommodations as may be necessary to
perform protective functions; and for uniforms without regard
to the general purchase price limitation for the current fiscal
year: Provided further, That 3 U.S.C. 203(a) is amended by
deleting ``but not exceeding twelve hundred in number'';
$528,262,000, of which $1,200,000 shall be available as a grant
for activities related to the investigations of missing and
exploited children and shall remain available until expended.
salaries and expenses
(rescission)
Of the funds made available under this heading in Public
Law 104-52, $7,600,000 are rescinded.
acquisition, construction, improvement, and related expenses
(including transfer of funds)
For necessary expenses of construction, repair, alteration,
and improvement of facilities, $37,365,000, of which $8,200,000
shall be available for the Rowley Secret Service Training
Center, to remain available until expended: Provided, That
funds previously provided under the title, ``Treasury Buildings
and Annex Repair and Restoration,'' for the Secret Service's
Headquarters Building, shall be transferred to this account:
Provided further, That funds for the Rowley Secret Service
Training Center shall not be available until a prospectus
authorizing such facilities is approved in accordance with the
Public Buildings Act of 1959, as amended, except that funds may
be expended for required expenses in connection with the
development of a proposed prospectus.
General Provisions--Department of the Treasury
Section 111. Any obligation or expenditure by the Secretary
in connection with law enforcement activities of a Federal
agency or a Department of the Treasury law enforcement
organization in accordance with 31 U.S.C. 9703(g)(4)(B) from
unobligated balances remaining in the Fund on September 30,
1997, shall be made in compliance with the reprogramming
guidelines contained in the House and Senate reports
accompanying this Act.
Sec. 112. Appropriations to the Treasury Department in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning; purchase of insurance for official motor
vehicles operated in foreign countries; purchase of motor
vehicles without regard to the general purchase price
limitations for vehicles purchased and used overseas for the
current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical
services to employees and their dependents serving in foreign
countries; and services authorized by 5 U.S.C. 3109.
Sec. 113. None of the funds appropriated by this title
shall be used in connection with the collection of any
underpayment of any tax imposed by the Internal Revenue Code of
1986 unless the conduct of officers and employees of the
Internal Revenue Service in connection with such collection,
including any private sector employees under contract to the
Internal Revenue Service, complies with subsection (a) of
section 805 (relating to communications in connection with debt
collection), and section 806 (relating to harassment or abuse),
of the Fair Debt Collection Practices Act (15 U.S.C. 1692).
Sec. 114. The Internal Revenue Service shall institute
policies and procedures which will safeguard the
confidentiality of taxpayer information.
Sec. 115. The funds provided to the Bureau of Alcohol
Tobacco and Firearms for fiscal year 1997 in this Act for the
enforcement of the Federal Alcohol Administration Act shall be
expended in a manner so as not to diminish enforcement efforts
with respect to section 105 of the Federal Alcohol
Administration Act.
Sec. 116. Paragraph (3)(C) of section 9703(g) of title 31,
United States Code, is amended--
(1) by striking in the third sentence ``and at the
end of each fiscal year thereafter'';
(2) by inserting in lieu thereof ``1994, 1995, and
1996''; and
(3) by adding at the end the following new
sentence: ``At the end of fiscal year 1997, and at the
end of each fiscal year thereafter, the Secretary shall
reserve any amounts that are required to be retained in
the Fund to ensure the availability of amounts in the
subsequent fiscal year for purposes authorized under
subsection (a).''
Sec. 117. Of the funds available to the Internal Revenue
Service, $13,000,000 shall be made available to continue the
private sector debt collection program which was initiated in
fiscal year 1996 and $13,000,000 shall be transferred to the
Departmental Offices appropriation to initiate a new private
sector debt collection program: Provided, That the transfer
provided herein shall be in addition to any other transfer
authority contained in this Act.
Sec. 118. Section 923(j) of title 18, United States Code,
is amended by striking the period after the last sentence, and
inserting the following: ``, including the right of a licensee
to conduct `curios or relics' firearms transfers and business
away from their business premises with another licensee without
regard as to whether the location of where the business is
conducted is located in the State specified on the license of
either licensee.''.
This title may be cited as the ``Treasury Department
Appropriations Act, 1997''.
TITLE II--POSTAL SERVICE
Payments to the Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code,
$85,080,000: Provided, That mail for overseas voting and mail
for the blind shall continue to be free: Provided further, That
6-day delivery and rural delivery of mail shall continue at not
less than the 1983 level: Provided further, That none of the
funds made available to the Postal Service by this Act shall be
used to implement any rule, regulation, or policy of charging
any officer or employee of any State or local child support
enforcement agency, or any individual participating in a State
or local program of child support enforcement, a fee for
information requested or provided concerning an address of a
postal customer: Provided further, That none of the funds
provided in this Act shall be used to consolidate or close
small rural and other small post offices in the fiscal year
ending on September 30, 1997.
payment to the postal service fund for nonfunded liabilities
For payment to the Postal Service Fund for meeting the
liabilities of the former Post Office Department to the
Employees' Compensation Fund pursuant to 39 United States Code
2004, $35,536,000.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED
TO THE PRESIDENT
Compensation of the President and the White House Office
compensation of the president
For compensation of the President, including an expense
allowance at the rate of $50,000 per annum as authorized by 3
U.S.C. 102, $250,000: Provided, That none of the funds made
available for official expenses shall be expended for any other
purpose and any unused amount shall revert to the Treasury
pursuant to section 1552 of title 31, United States Code:
Provided further, That none of the funds made available for
official expenses shall be considered as taxable to the
President.
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; including
subsistence expenses as authorized by 3 U.S.C. 105, which shall
be expended and accounted for as provided in that section; hire
of passenger motor vehicles, newspapers, periodicals, teletype
news service, and travel (not to exceed $100,000 to be expended
and accounted for as provided by 3 U.S.C. 103); not to exceed
$19,000 for official entertainment expenses, to be available
for allocation within the Executive Office of the President;
$40,193,000: Provided, That $420,000 of the funds appropriated
may not be obligated until the Director of the Office of
Administration has submitted, and the Committees on
Appropriations of the House and Senate have approved, a report
that identifies, evaluates, and prioritizes all computer
systems investments planned for fiscal year 1997, a milestone
schedule for the development and implementation of all projects
included in the systems investment plan, and a systems
architecture plan.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration,
refurnishing, improvement, heating and lighting, including
electric power and fixtures, of the Executive Residence at the
White House and official entertainment expenses of the
President, $7,827,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109-110, 112-114.
Special Assistance to the President and the Official Residence of the
Vice President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions, services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as
authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles; $3,280,000: Provided, That $150,000
of the funds appropriated may not be obligated until the
Director of the Office of Administration has submitted, and the
Committees on Appropriations of the House and Senate have
approved, a report that identifies, evaluates, and prioritizes
all computer systems investments planned for fiscal year 1997,
a milestone schedule for the development and implementation of
all projects included in the systems investment plan, and a
systems architecture plan.
operating expenses
For the care, operation, refurnishing, improvement, heating
and lighting, including electric power and fixtures, of the
official residence of the Vice President, the hire of passenger
motor vehicles, and not to exceed $90,000 for official
entertainment expenses of the Vice President, to be accounted
for solely on his certificate; $324,000: Provided, That
advances or repayments or transfers from this appropriation may
be made to any department or agency for expenses of carrying
out such activities: Provided further, That $8,000 of the funds
appropriated may not be obligated until the Director of the
Office of Administration has submitted for approval to the
Committees on Appropriations of the House and Senate a report
that identifies, evaluates, and prioritizes all computer
systems investments planned for fiscal year 1997, a milestone
schedule for the development and implementation of all projects
included in the systems investment plan, and a systems
architecture plan.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council in carrying out its
functions under the Employment Act of 1946 (15 U.S.C. 1021),
$3,439,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109, and 3 U.S.C.
107; $3,867,000: Provided, That $45,000 of the funds
appropriated may not be obligated until the Director of the
Office of Administration has submitted, and the Committees on
Appropriations of the House and Senate have approved, a report
that identifies, evaluates, and prioritizes all computer
systems investments planned for fiscal year 1997, a milestone
schedule for the development and implementation of all projects
included in the systems investment plan, and a systems
architecture plan.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109, $6,648,000:
Provided, That $3,000 of the funds appropriated may not be
obligated until the Director of the Office of Administration
has submitted, and the Committees on Appropriations of the
House and Senate have approved, a report that identifies,
evaluates, and prioritizes all computer systems investments
planned for fiscal year 1997, a milestone schedule for the
development and implementation of all projects included in the
systems investment plan, and a systems architecture plan.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
$26,100,000, including services as authorized by 5 U.S.C. 3109
and 3 U.S.C. 107, and hire of passenger motor vehicles:
Provided, That $340,700 of the funds appropriated may not be
obligated until the Director of the Office of Administration
has submitted, and the Committees on Appropriations of the
House and Senate have approved, a report that identifies,
evaluates, and prioritizes all computer systems investments
planned for fiscal year 1997, a milestone schedule for the
development and implementation of all projects included in the
systems investment plan, and a systems architecture plan.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles, services as
authorized by 5 U.S.C. 3109, $55,573,000, of which not to
exceed $5,000,000 shall be available to carry out the
provisions of 44 U.S.C. chapter 35: Provided, That, as provided
in 31 U.S.C. 1301(a), appropriations shall be applied only to
the objects for which appropriations were made except as
otherwise provided by law: Provided further, That none of the
funds appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations
under the provisions of the Agricultural Marketing Agreement
Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That none
of the funds made available for the Office of Management and
Budget by this Act may be expended for the altering of the
transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget,
before the House and Senate Committees on Appropriations or the
House and Senate Committees on Veterans' Affairs or their
subcommittees: Provided further, That this proviso shall not
apply to printed hearings released by the House and Senate
Committees on Appropriations or the House and Senate Committees
on Veterans' Affairs.
Office of National Drug Control Policy
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to title I of
Public Law 100-690; not to exceed $8,000 for official reception
and representation expenses; and for participation in joint
projects or in the provision of services on matters of mutual
interest with nonprofit, research, or public organizations or
agencies, with or without reimbursement; $35,838,000, of which
$19,000,000 shall remain available until expended, consisting
of $1,000,000 for policy research and evaluation and
$18,000,000 for the Counter-Drug Technology Assessment Center
for counternarcotics research and development projects of which
$1,000,000 shall be obligated for state conferences on model
state drug laws: Provided, That the $17,000,000 for the
Counter-Drug Technology Assessment Center shall be available
for transfer to other Federal departments or agencies: Provided
further, That the Office is authorized to accept, hold,
administer, and utilize gifts, both real and personal, for the
purpose of aiding or facilitating the work of the Office:
Provided further, That not before January 31, 1997, the
Director of the Office of National Drug Control Policy shall
transfer all balances in the Special Forfeiture Fund
established by section 6073 of the Anti-Drug Abuse Act of 1988
(21 U.S.C. Sec. 1509) to the Treasury Forfeiture Fund (31
U.S.C. 9703(a)).
Federal Drug Control Programs
high intensity drug trafficking areas program
(including transfer of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas Program,
$127,102,000 for drug control activities consistent with the
approved strategy for each of the designated High Intensity
Drug Trafficking Areas, of which $3,000,000 shall be used for a
newly designated High Intensity Drug Trafficking Area in Lake
County, Indiana; of which $6,000,000 shall be used for a newly
designated High Intensity Drug Trafficking Area for the Gulf
Coast States of Louisiana, Alabama, and Mississippi; of which
$8,000,000 shall be used for a newly designated High Intensity
Drug Trafficking Area dedicated to combating methamphetamine
use, production and trafficking in a five State area including
Iowa, Missouri, Nebraska, South Dakota, and Kansas; of which
$3,000,000 shall be used for a newly designated High Intensity
Drug Trafficking Area in the State of Colorado; of which
$3,000,000 shall be used for a newly designated High Intensity
Drug Trafficking Area in the Pacific Northwest; of the total
amount appropriated, including transferred funds, no less than
$71,000,000 shall be transferred to State and local entities
for drug control activities, and up to $69,207,000 may be
transferred to Federal agencies and departments at a rate to be
determined by the Director: Provided, That the funds made
available under this head shall be obligated within 90 days of
the date of enactment of this Act.
This title may be cited as the ``Executive Office
Appropriations Act, 1997''.
TITLE IV--INDEPENDENT AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For necessary expenses of the Committee for Purchase From
People Who Are Blind or Severely Disabled established by the
Act of June 23, 1971, Public Law 92-28; $1,800,000.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, as amended, $28,165,000,
of which no less than $2,500,000 shall be available for
internal automated data processing systems, and of which not to
exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services as authorized by 5 U.S.C. 3109,
including hire of experts and consultants, hire of passenger
motor vehicles, rental of conference rooms in the District of
Columbia and elsewhere; $21,588,000: Provided, That public
members of the Federal Service Impasses Panel may be paid
travel expenses and per diem in lieu of subsistence as
authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with this
account, to be available without further appropriation for the
costs of carrying out these conferences.
General Services Administration
federal buildings fund
limitations on availability of revenue
(including transfer of funds)
For additional expenses necessary to carry out the purpose
of the Fund established pursuant to section210(f) of the
Federal Property and Administrative Services Act of 1949, as amended
(40 U.S.C. 490(f)), $400,544,000, to be deposited into said Fund. The
revenues and collections deposited into the Fund shall be available for
necessary expenses of real property management and related activities
not otherwise provided for, including operation, maintenance, and
protection of federally owned and leased buildings; rental of buildings
in the District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving; repair and
alteration of federally owned buildings including grounds, approaches
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning and design
of projects by contract or otherwise; construction of new buildings
(including equipment for such buildings); and payment of principal,
interest, taxes, and any other obligations for public buildings
acquired by installment purchase and purchase contract, in the
aggregate amount of $5,555,544,000 of which (1) not to exceed
$657,711,000 shall remain available until expended for construction of
additional projects and at maximum construction improvement costs
(including funds for sites and expenses and associated design and
construction services) as follows:
New Construction:
California:
Fresno, Federal Building and U.S. Courthouse,
$6,595,000
Colorado:
Denver, Rogers Federal Building-U.S. Courthouse,
$9,545,000
District of Columbia:
U.S. Courthouse Annex, $5,703,000
Florida:
Miami, U.S. Courthouse, $24,990,000
Orlando, U.S. Courthouse, $9,514,000
Kentucky:
Covington, U.S. Courthouse, $17,134,000
London, U.S. Courthouse, $13,732,000
Montana:
Babb, Piegan Border Station, $333,000
Sweetgrass, Border Station, $1,059,000
Nevada:
Las Vegas, U.S. Courthouse, $83,719,000
New York:
Brooklyn, U.S. Courthouse, $169,000,000
Ohio:
Cleveland, U.S. Courthouse, $128,559,000
Youngstown, U.S. Courthouse, $15,813,000
Oregon:
Portland, Consolidated Law Federal Office Building,
$4,750,000
Pennsylvania:
Erie, U.S. Courthouse Annex, $3,300,000
Philadelphia, DVA-Federal Complex, Phase II,
$13,765,000
South Carolina:
Columbia, U.S. Courthouse Annex, $43,848,000
Texas:
Corpus Christi, U.S. Courthouse, $24,161,000
Utah:
Salt Lake City, Moss U.S. Courthouse Annex and
Alteration, $11,474,000
Washington:
Blaine, U.S. Border Station, $13,978,000
Oroville, U.S. Border Station, $1,452,000
Seattle, U.S. Courthouse, $16,853,000
Sumas, U.S. Border Station (Claim), $1,177,000
Nationwide:
Non-prospectus construction projects, $10,000,000
Security Enhancements, $27,256,000:
Provided, That each of the immediately foregoing limits of
costs on new construction projects may be exceeded to the
extent that savings are affected in other such projects, but
not to exceed 10 percent unless advance approval is obtained
from the House and Senate Committees on Appropriations of a
greater amount: Provided further, That the cost of future U.S.
Courthouse annex projects shall reflect savings through
improving design efficiencies, curtailing planned interior
finishes, requiring more efficient use of courtroom and library
space, and by otherwise limiting space requirements: Provided
further, That from funds available in the Federal Buildings
Fund, $20,000,000 shall be available until expended for
environmental clean up activities at the Southeast Federal
Center in the District of Columbia and $81,000,000 shall be
available until expended for design and construction activities
at the Consolidated Law Federal Office Building in Portland,
Oregon: Provided further, That from funds available for non-
prospectus construction projects,$250,000 may be available
until expended for the acquisition, lease, construction, and equipping
of flexiplace work telecommuting centers in West Virginia: Provided
further, That all funds for direct construction projects shall expire
on September 30, 1999: (2) not to exceed $639,000,000 shall remain
available until expended, for repairs and alterations which includes
associated design and construction services: Provided further, That
funds in the Federal Buildings Fund for Repairs and Alterations shall,
for prospectus projects, be limited to the amount by project as
follows, except each project may be increased by an amount not to
exceed 10 per centum unless advance approval is obtained from the
Committees on Appropriations of the House and Senate of a greater
amount:
Repairs and alterations:
District of Columbia:
Ariel Rios Building, $62,740,000
Justice Department, Phase 1 of 3, $50,000,000
Lafayette Building, $5,166,000
Hawaii:
Honolulu, Prince Jonah Kuhio Kalanianaole Federal
Building and U.S. Courthouse, $4,140,000
Illinois:
Chicago, Everett M. Dirksen Federal Building,
$18,844,000
Chicago, John C. Kluczynski, Jr. Federal Building
(IRS), $13,414,000
Louisiana:
New Orleans, Customhouse, $3,500,000
Maryland:
Montgomery County, White Oak environmental clean up
activities, $10,000,000
Massachusetts:
Andover, IRS Regional Service Center, $812,000
New Hampshire:
Concord, J.C. Cleveland Federal Building,
$8,251,000
New Jersey:
Camden, U.S. Post Office-Courthouse $11,096,000
New York:
Albany, James T. Foley Post Office-Courthouse,
$3,880,000
Brookhaven, IRS Service Center, $2,272,000
New York, Jacob K. Javits Federal Building,
$13,651,000
Pennsylvania:
Scranton, Federal Building-U.S. Courthouse,
$10,610,000
Rhode Island:
Providence, Federal Building-U.S. Courthouse,
$8,209,000
Texas:
Fort Worth, Federal Center, $11,259,000
Nationwide:
Chlorofluorocarbons Program, $23,456,000
Elevator Program, $10,000,000
Energy Program, $20,000,000
Security Enhancements, various buildings,
$2,700,000
Basic Repairs and Alterations, $345,000,000:
Provided further, That additional projects for which
prospectuses have been fully approved may be funded under this
category only if advance approval is obtained from the
Committees on Appropriations of the House and Senate: Provided
further, That the amounts provided in this or any prior Act for
Repairs and Alterations may be used to fund costs associated
with implementing security improvements to buildings necessary
to meet the minimum standards for security in accordance with
current law and in compliance with the reprogramming guidelines
of the appropriate Committees of the House and Senate: Provided
further, That funds in the Federal Buildings Fund for Repairs
and Alterations shall, for prospectus projects, be limited to
the originally authorized amount, except each project may be
increased by an amount not to exceed 10 percent when advance
approval is obtained from the Committees on Appropriations of
the House and Senate of a greater amount: Provided further,
That the difference between the funds appropriated and expended
on any projects in this or any prior Act, under the heading
``Repairs and Alterations'', may be transferred to Basic
Repairs and Alterations or used to fund authorized increases in
prospectus projects: Provided further, That from funds made
available for Basic Repairs and Alterations, $8,000,000 shall
be made available for renovation of the Agricultural Research
Service Laboratory in Ames, Iowa, which is currently occupied
by the Animal and Plant Health Inspection Service: Provided
further, That from funds made available for Basic Repairs and
Alterations, $1,450,000 may be available for the renovation of
the Pioneer Courthouse located at 520 SW Morrison, in Portland,
Oregon: Provided further, That from funds made available for
Basic Repairs and Alterations, $6,000,000 shall be used for
necessary expenses associated with ongoing construction of the
U.S. Courthouse in Montgomery, Alabama: Provided further, That
from funds made available for Basic Repairs and Alterations,
$100,000 shall be transferred to the National Park Service
``Construction''appropriation for restoration and maintenance
of the multi-purpose field at Wallenberg Place in Washington, DC:
Provided further, That all funds for repairs and alterations prospectus
projects shall expire on September 30, 1999, and remain in the Federal
Buildings Fund except funds for projects as to which funds for design
or other funds have been obligated in whole or in part prior to such
date: Provided further, That the amount provided in this or any prior
Act for Basic Repairs and Alterations may be used to pay claims against
the Government arising from any projects under the heading ``Repairs
and Alterations'' or used to fund authorized increases in prospectus
projects: Provided further, That $5,700,000 of the funds provided under
this heading in Public Law 103-329, for the IRS Service Center,
Holtsville, New York, shall be available until September 30, 1998; (3)
not to exceed $173,075,000 for installment acquisition payments
including payments on purchase contracts which shall remain available
until expended: Provided further, That up to $1,500,000 shall be
available for a design prospectus of the Federal Building and U.S.
Courthouse located at 811 Grand Avenue in Kansas City, Missouri; (4)
not to exceed $2,343,795,000 for rental of space which shall remain
available until expended; and (5) not to exceed $1,552,651,000 for
building operations which shall remain available until expended and of
which $8,000,000 shall be transferred to the ``Policy and Operations''
appropriation: Provided further, That funds available to the General
Services Administration shall not be available for expenses in
connection with any construction, repair, alteration, and acquisition
project for which a prospectus, if required by the Public Buildings Act
of 1959, as amended, has not been approved, except that necessary funds
may be expended for each project for required expenses in connection
with the development of a proposed prospectus: Provided further, That
the Administrator of General Services shall, at the earliest
practicable date, initiate discussions with the Smithsonian Institution
on the feasibility of transferring Federal Building 10B located at 600
Independence Avenue SW., Washington, DC to the Smithsonian Institution
at such price and under such terms and conditions as determined
appropriate by the Administrator and subject to the prior approval of
the appropriate authorizing and appropriations committees of the
Congress: Provided further, That funds provided in this Act under the
heading ``Security Enhancements, various buildings'' may be used, by
project in accordance with an approved prospectus: Provided further,
That the Administrator is authorized in fiscal year 1997 and
thereafter, to enter into and perform such leases, contracts, or other
transactions with any agency or instrumentality of the United States,
the several States, or the District of Columbia, or with any person,
firm, association, or corporation, as may be necessary to implement the
trade center plan at the Federal Triangle Project and is hereby granted
all the rights and authorities of the former Pennsylvania Avenue
Development Corporation (PADC) with regard to property transferred from
the PADC to the General Services Administration in fiscal year 1996:
Provided further, That notwithstanding any other provision of law, the
Administrator of General Services is hereby authorized to use all funds
transferred from the PADC or income earned on PADC properties for
activities associated with carrying out the responsibilities of the
PADC transferred to the Administrator of General Services and that any
such income earned on or after April 1, 1996, shall be deposited to the
Pennsylvania Avenue Activities account and shall remain available until
expended: Provided further, That any funds or income as may be deemed
by the Administrator as excess to the amount needed to fulfill the PADC
responsibilities transferred to the Administrator of General Services,
shall be applied to any outstanding debt, with the exception of debt
associated with the Ronald Reagan Building and International Trade
Center, incurred by the PADC in the course of acquiring real estate:
Provided further, That with respect to real property transferred from
the PADC to the General Services Administration pursuant to section 313
of Public Law 104-134, Title III, General Provisions, the Administrator
of General Services is hereafter authorized and directed to make
payments required by section 10(b) of the PADC Act of 1972, Public Law
92-578 in the same manner as previously paid by the PADC: Provided
further, That for the purposes of this authorization, buildings
constructed pursuant to the purchase contract authority of the Public
Buildings Amendments of 1972 (40 U.S.C. 602a), buildings occupied
pursuant to installment purchase contracts, and buildings under the
control of another department or agency where alterations of such
buildings are required in connection with the moving of such other
department or agency from buildings then, or thereafter to be, under
the control of the General Services Administration shall be considered
to be federally owned buildings: Provided further, That funds available
in the Federal Buildings Fund may be expended for emergency repairs
when advance approval is obtained from the Committees on Appropriations
of the House and Senate: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under section
210(f)(6) of the Federal Property and Administrative Services Act of
1949, asamended (40 U.S.C. 490(f)(6)) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or control as may
be appropriate to enable the United States Secret Service to perform
its protective functions pursuant to 18 U.S.C. 3056, as amended, shall
be available from such revenues and collections: Provided further, That
revenues and collections and any other sums accruing to this Fund
during fiscal year 1997, excluding reimbursements under section
210(f)(6) of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 490(f)(6)) in excess of $5,555,544,000 shall remain in
the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
policy and operations
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and oversight activities associated
with asset management activities; utilization and donation of
surplus personal property; transportation management
activities; procurement and supply management activities;
Government-wide and internal responsibilities relating to
automated data management, telecommunications, information
resources management, and related technology activities;
utilization survey, deed compliance inspection, appraisal,
environmental and cultural analysis, and land use planning
functions pertaining to excess and surplus real property;
agency-wide policy direction; Board of Contract Appeals;
accounting, records management, and other support services
incident to adjudication of Indian Tribal Claims by the United
States Court of Federal Claims; services as authorized by 5
U.S.C. 3109; and not to exceed $5,000 for official reception
and representation expenses; $110,173,000.
office of inspector general
For necessary expenses of the Office of Inspector General
and services authorized by 5 U.S.C. 3109, $33,863,000:
Provided, That not to exceed $5,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen Government
property: Provided further, That not to exceed $2,500 shall be
available for awards to employees of other Federal agencies and
private citizens in recognition of efforts and initiatives
resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25,
1958, as amended (3 U.S.C. 102 note), and Public Law 95-138,
$2,180,000: Provided, That the Administrator of General
Services shall transfer to the Secretary of the Treasury such
sums as may be necessary to carry out the provisions of such
Acts.
expenses, presidential transition
For expenses necessary to carry out the Presidential
Transition Act of 1963, as amended (3 U.S.C. 102 note),
$5,600,000.
general provisions--general services administration
Sec. 401. The appropriate appropriation or fund available
to the General Services Administration shall be credited with
the cost of operation, protection, maintenance, upkeep, repair,
and improvement, included as part of rentals received from
Government corporations pursuant to law (40 U.S.C. 129).
Sec. 402. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 403. Funds in the Federal Buildings Fund made
available for fiscal year 1997 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by the
Committees on Appropriations of the House and Senate.
Sec. 404. No funds made available by this Act shall be used
to transmit a fiscal year 1998 request for United States
Courthouse construction that does not meet the design guide
standards for construction as established by the General
Services Administration, the Judicial Conference of the United
States, and the Office of Management and Budget and does not
reflect the priorities of the Judicial Conference of the United
States as set out in its approved 5-year construction plan:
Provided, That the request must be accompanied by a
standardized courtroom utilization study of each facility to be
replaced or expanded.
Sec. 405. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service
usually provided through the Federal Buildings Fund, to any
agency which does not pay the requested rate per square foot
assessment for space and services as determined by the General
Services Administration in compliance with the Public Buildings
Amendments Act of 1972 (Public Law 92-313).
Sec. 406. The Administrator of the General Services is
directed to ensure that the materials used for the facade on
the United States Courthouse Annex, Savannah, Georgia project
are compatible with the existing Savannah Federal Building-U.S.
Courthouse facade, in order to ensure compatibility of this new
facility with the Savannah historic district and to ensure that
the Annex will not endanger the National Landmark status of the
Savannah historic district.
Sec. 407. (a) Section 210 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 490) is amended
by adding at the end the following new subsection:
``(l)(1) The Administrator may establish, acquire space
for, and equip flexiplace work telecommuting centers (in this
subsection referred to as `telecommuting centers') for use by
employees of Federal agencies, State and local governments, and
the private sector in accordance with this subsection.
``(2) The Administrator may make any telecommuting center
available for use by individuals who are not Federal employees
to the extent the center is not being fully utilized by Federal
employees. The Administrator shall give Federal employees
priority in using the telecommuting centers.
``(3)(A) The Administrator shall charge user fees for the
use of any telecommuting center. The amount of the user fee
shall approximate commercial charges for comparable space and
services except that in no instance shall such fee be less than
that necessary to pay the cost ofestablishing and operating the
center, including the reasonable cost of renovation and replacement of
furniture, fixtures, and equipment.
``(B) Amounts received by the Administrator after September
30, 1993, as user fees for use of any telecommuting center may
be deposited into the Fund established under subsection (f) of
this section and may be used by the Administrator to pay costs
incurred in the establishment and operation of the center.
``(4) The Administrator may provide guidance, assistance,
and oversight to any person regarding establishment and
operation of alternative workplace arrangements, such as
telecommuting, hoteling, virtual offices, and other
distributive work arrangements.
``(5) In considering whether to acquire any space,
quarters, buildings, or other facilities for use by employees
of any executive agency, the head of that agency shall consider
whether the need for the facilities can be met using
alternative workplace arrangements referred to in paragraph
(4).''.
(b) Section 13 of the Public Building Act of 1959, as
amended, (107 Stat. 438; 40 U.S.C. 612) is amended--
(1) by striking ``(xi)'' and inserting in lieu
thereof ``(xii)''; and
(2) by striking ``and (x)'' and inserting in lieu
thereof ``(x) telecommuting centers and (xi)''.
Sec. 408. Notwithstanding any other provision of law, the
Administrator of General Services is authorized and directed to
acquire the land bounded by S.W. First Avenue, S.W. Second
Avenue, S.W. Main Street, and S.W. Madison Street, Portland,
Oregon, for the purposes of constructing the proposed Law
Enforcement Center on the site.
Sec. 409. Section 2815 of Public Law 103-160, relating to
the conveyance of real property at the Iowa Army Ammunition
Plant, is amended--
(1) in subsection (a), by striking ``may convey
to'' and inserting ``shall convey, without
reimbursement and if requested by,''; and
(2) by striking subsection (b) and inserting the
following new subsection:
``(b) Use of Water and Sewer Lines.--As part of the
conveyance under subsection (a), the Secretary shall permit the
City to use existing water and sewer lines and sewage system at
the Iowa Army Ammunition Plant for a three-year period
beginning on the date of the conveyance.''.
Sec. 410. (a) Conveyance of Land.--
(1) Administrator of general services.--Subject to
subsections (b) and (c), the Administrator of General
Services (hereinafter in this section referred to as
the ``Administrator'') shall convey, without
compensation, to a nonprofit organization known as the
``Beaver County Corporation for Economic Development''
all right, title, and interest of the United States in
and to those pieces or parcels of land in Hopewell
Township, Pennsylvania, described in subsection (b),
together with all improvements thereon and
appurtenances thereto. The purpose of the conveyance is
to provide a site for economic development in Hopewell
Township.
(2) Property description.--The land referred to in
paragraph (1) is the parcel of land in the township of
Hopewell, county of Beaver, Pennsylvania, bounded and
described as follows:
(A) Beginning at the southwest corner at a
point common to Lot No. 1, same plan, lands now
or formerly of Frank and Catherine Wutter, and
the easterly right-of-way line of Pennsylvania
Legislative Route No. 60 (Beaver Valley
Expressway); thence proceeding by the easterly
right-of-way of Pennsylvania Legislative Route
No. 60 by the following three courses and
distances:
(i) North 17 degrees, 14 minutes,
20 seconds West, 213.10 feet to a
point.
(ii) North 72 degrees, 45 minutes,
40 seconds East, 30.00 feet to a point.
(iii) North 17 degrees, 14 minutes,
20 seconds West, 252.91 feet to a
point; on a line dividing Lot No. 1
from the other part of Lot No. 1, said
part now called Lot No. 5, same plan;
thence by last mentioned dividing line,
North 78 degrees, 00 minutes, 00
seconds East; 135.58 feet to a point, a
cul-de-sac on Industrial Drive; thence
by said cul-de-sac and the southerly
side of Industrial Drive by the
following courses and distances:
(I) By a curve to the right
having a radius of 100.00 feet
for an arc distance of 243.401
feet to a point.
(II) Thence by a curve to
the right having a radius of
100.00 feet for an arc distance
of 86.321 feet to a point.
(III) Thence by 78 degrees,
00 minutes, 00 seconds East,
777.78 feet to a point.
(IV) Thence, North 12
degrees, 00 minutes, 00 seconds
West, 74.71 feet to a point.
(V) Thence by a curve to
the right, having a radius of
50.00 feet for an arc distance
of 78.54 feet to a point.
(VI) Thence North 78
degrees, 00 minutes, 00 seconds
East, 81.24 feet to a point.
(VII) Thence by a curve to
the right, having a radius of
415.00 feet for an arc distance
of 140.64 feet to a point.
(VIII) Thence, South 82
degrees, 35 minutes, 01 second
East, 125.00 feet to a point.
(IX) Thence, South 7
degrees, 24 minutes, 59 seconds
West, 5.00 feet to a point.
(X) Thence by a curve to
the right, having a radius of
320.00 feet for an arc distance
of 256.85 feet to a point.
(XI) Thence by a curve to
the right having a radius of
50.00 feet for an arc distance
of 44.18 feet to a point on the
northerly side of Airport Road.
(B) Thence by the northerly side thereof by
the following:
(i) South 14 degrees, 01 minutes,
54 seconds, West, 56.94 feet to a
point.
(ii) Thence by a curve to the right
having a radius of 225.00 feet for an
arc distance of 207.989 feet to a
point.
(iii) Thence South 66 degrees, 59
minutes, 45 seconds West, 192.08 feet
to a point on the southern boundary of
Lot No. 1, which line is also the line
dividing Lot No. 1 from lands now or
formerly, of Frank and Catherine
Wutter.
(C) Thence by the same, South 75 degrees,
01 minutes, 00 seconds West, 1,351.23 feet to a
point at the place of beginning.
(3) Date of conveyance.--The date of the conveyance
of property required under paragraph (1) shall be not
later than the 90th day following the date of the
enactment of this Act.
(4) Conveyance terms.--
(A) Terms and conditions.--The conveyance
of property required under paragraph (1) shall
be subject to such terms and conditions as may
be determined by the Administrator to be
necessary to safeguard the interests of the
United States. Such terms and conditions shall
be consistent with the terms and conditions set
forth in this section.
(B) Quitclaim deed.--The conveyance of
property required under paragraph (1) shall be
by quitclaim deed.
(b) Limitation on Conveyance.--No part of any land conveyed
under subsection (a) may be used, during the 30-year period
beginning on the date of conveyance for any purpose other than
economic development.
(c) Reversionary Interest.--
(1) In general.--The property conveyed under
subsection (a) shall revert to the United States on any
date in the 30-year period beginning on the date of
such conveyance on which the property is used for a
purpose other than economic development.
(2) Enforcing reversion.--The Administrator shall
perform all acts necessary to enforce any reversion of
property to the United States under this subsection.
(3) Inventory of public buildings service.--
Property that reverts to the United States under this
subsection shall be under the control of the General
Services Administration.
Sec. 411. Notwithstanding any other provision of law, the
land contained in block 111 in the Federal District, Denver,
Colorado, obtained pursuant to paragraphs (6) and (7) of
section 12(b) of Public Law 94-204 (43 U.S.C. 1611 note) shall
not be subject to condemnation by any agency or instrumentality
of the Federal Government, without the consent of the owner of
that land.
John F. Kennedy Assassination Records Review Board
For necessary expenses to carry out the John F. Kennedy
Assassination Records Collection Act of 1992, $2,150,000.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, and direct procurement of
survey printing, $23,923,000, together with not to exceed
$2,430,000 for administrative expenses to adjudicate retirement
appeals to be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Systems
Protection Board.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the
administration of the National Archives (including the
Information Security Oversight Office) and records and related
activities, as provided by law, and for expenses necessary for
the review and declassification of documents, and for the hire
of passenger motor vehicles, $196,963,000: Provided, That the
Archivist of the United States is authorized to use any excess
funds available from the amount borrowed for construction of
the National Archives facility, for expenses necessary to move
into the facility.
archives facilities and presidential libraries
repairs and restoration
For the repair, alteration, and improvement of archives
facilities and presidential libraries, and to provideadequate
storage for holdings, $16,229,000 to remain available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44 U.S.C.
2504, as amended, $5,000,000 to remain available until
expended.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, as amended by Public Law 100-598, and the Ethics
Reform Act of 1989, Public Law 101-194, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the
District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and
representation expenses; $8,078,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on a
fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order 10422
of January 9, 1953, as amended; and payment of per diem and/or
subsistence allowances to employees where Voting Rights Act
activities require an employee to remain overnight at his or
her post of duty; $87,076,000, of which not to exceed
$1,000,000 shall be available for the establishment of health
promotion and disease prevention programs for Federal
employees; and in addition $94,736,000 for administrative
expenses, to be transferred from the appropriate trust funds of
the Office of Personnel Management without regard to other
statutes, including direct procurement of printing materials
for annuitants, for the retirement and insurance programs, of
which $3,500,000 shall be transferred at such times as the
Office of Personnel Management deems appropriate, and shall
remain available until expended for the costs of automating the
retirement recordkeeping systems, together with remaining
amounts authorized in previous Acts for the recordkeeping
systems: Provided, That the provisions of this appropriation
shall not affect the authority to use applicable trust funds as
provided by section 8348(a)(1)(B) of title 5, United States
Code: Provided further, That, except as may be consistent with
5 U.S.C. 8902a(f)(1) and (i), no payment may be made from the
Employees Health Benefits Fund to any physician, hospital, or
other provider of health care services or supplies who is, at
the time such services or supplies are provided to an
individual covered under chapter 89 of title 5, United States
Code, excluded, pursuant to section 1128 or 1128A of the Social
Security Act (42 U.S.C. 1320a-7-1320a-7a), from participation
in any program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.): Provided further, That no part of this
appropriation shall be available for salaries and expenses of
the Legal Examining Unit of the Office of Personnel Management
established pursuant to Executive Order 9358 of July 1, 1943,
or any successor unit of like purpose: Provided further, That
the President's Commission on White House Fellows, established
by Executive Order 11183 of October 3, 1964, may, during the
fiscal year ending September 30, 1997, accept donations of
money, property, and personal services in connection with the
development of a publicity brochure to provide information
about the White House Fellows, except that no such donations
shall be accepted for travel or reimbursement of travel
expenses, or for the salaries of employees of such Commission.
general provisions--office of personnel management
Sec. 421. The first sentence of section 1304(e)(1) of title
5, United States Code, is amended by inserting after ``basis''
the following ``, including personnel management services
performed at the request of individual agencies (which would
otherwise be the responsibility of such agencies), or at the
request of nonappropriated fund instrumentalities''.
Sec. 422. Paragraph (1) of section 8906(e) of title 5,
United States Code, is amended--
(1) by striking the last sentence of that paragraph
and redesignating the remainder of that paragraph as
(1)(A);
(2) by adding at the end of paragraph (1)(A) (as so
designated) the following:
``(B) During each pay period in which an enrollment
continues under subparagraph (A)--
``(i) employee and Government contributions
required by this section shall be paid on a
current basis; and
``(ii) if necessary, the head of the
employing agency shall approve advance payment,
recoverable in the same manner as under section
5524a(c), of a portion of basic pay sufficient
to pay current employee contributions.
``(C) Each agency shall establish procedures for
accepting direct payments of employee contributions for
the purposes of this paragraph.''.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act, as
amended, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $960,000; and in addition,
not to exceed $8,645,000 for administrative expenses to audit
the Office of Personnel Management's retirement and insurance
programs, to be transferred from the appropriate trust funds of
the Office of Personnel Management, as determined by the
Inspector General: Provided, That the Inspector General is
authorized to rent conference rooms in the District of Columbia
and elsewhere.
government payment for annuitants, employees health benefits
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849), as amended, such sums as may be
necessary.
government payment for annuitants, employee life insurance
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by
chapter 87 of title 5, United States Code, such sums as may be
necessary.
payment to civil service retirement and disability fund
For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20,
1969, as authorized by 5 U.S.C. 8348, and annuities under
special Acts to be credited to the Civil Service Retirement and
Disability Fund, such sums as may be necessary: Provided, That
annuities authorized by the Act of May 29, 1944, as amended,
and the Act of August 19, 1950, as amended (33 U.S.C. 771-75),
may hereafter be paid out of the Civil Service Retirement and
Disability Fund.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law 101-
12), Public Law 103-424, and the Uniformed Services Employment
and Reemployment Act of 1994 (Public Law 103-353), including
services as authorized by 5 U.S.C. 3109, payment of fees and
expenses for witnesses, rental of conference rooms in the
District of Columbia and elsewhere, and hire of passenger motor
vehicles; $8,116,000.
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $33,781,000:
Provided, That travel expenses of the judges shall be paid upon
the written certificate of the judge.
This title may be cited as the ``Independent Agencies
Appropriations Act, 1997''.
TITLE V--GENERAL PROVISIONS
This Act
Section 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 503. Section 5131 of title 31, United States Code, is
amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection
(c).
Sec. 504. None of the funds made available by this Act
shall be available for any activity or for paying the salary of
any Government employee where funding an activity or paying a
salary to a Government employee would result in a decision,
determination, rule, regulation, or policy that would prohibit
the enforcement of section 307 of the Tariff Act of 1930.
Sec. 505. None of the funds made available by this Act
shall be available for the purpose of transferring control over
the Federal Law Enforcement Training Centerlocated at Glynco,
Georgia, and Artesia, New Mexico, out of the Treasury Department.
Sec. 506. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not heretofore authorized by the Congress.
Sec. 507. No part of any appropriation contained in this
Act shall be available for the payment of the salary of any
officer or employee of the United States Postal Service, who--
(1) prohibits or prevents, or attempts or threatens
to prohibit or prevent, any officer or employee of the
United States Postal Service from having any direct
oral or written communication or contact with any
Member or committee of Congress in connection with any
matter pertaining to the employment of such officer or
employee or pertaining to the United States Postal
Service in any way, irrespective of whether such
communication or contact is at the initiative of such
officer or employee or in response to the request or
inquiry of such Member or committee; or
(2) removes, suspends from duty without pay,
demotes, reduces in rank, seniority, status, pay, or
performance of efficiency rating, denies promotion to,
relocates, reassigns, transfers, disciplines, or
discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of
employment of, any officer or employee of the United
States Postal Service, or attempts or threatens to
commit any of the foregoing actions with respect to
such officer or employee, by reason of any
communication or contact of such officer or employee
with any Member or committee of Congress as described
in paragraph (1).
Sec. 508. The Office of Personnel Management may, during
the fiscal year ending September 30, 1997, accept donations of
supplies, services, land, and equipment for the Federal
Executive Institute and Management Development Centers to
assist in enhancing the quality of Federal management.
Sec. 509. The United States Secret Service may, during the
fiscal year ending September 30, 1997, and hereafter, accept
donations of money to offset costs incurred while protecting
former Presidents and spouses of former Presidents when the
former President or spouse travels for the purpose of making an
appearance or speech for a payment of money or any thing of
value.
Sec. 510. No part of any appropriation contained in this
Act shall be available to pay the salary for any person filling
a position, other than a temporary position, formerly held by
an employee who has left to enter the Armed Forces of the
United States and has satisfactorily completed his period of
active military or naval service and has within 90 days after
his release from such service or from hospitalization
continuing after discharge for a period of not more than 1 year
made application for restoration to his former position and has
been certified by the Office of Personnel Management as still
qualified to perform the duties of his former position and has
not been restored thereto.
Sec. 511. None of the funds made available in this Act may
be used to provide any non-public information such as mailing
or telephone lists to any person or any organization outside of
the Federal Government without the approval of the House and
Senate Committees on Appropriations.
Sec. 512. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections 2
through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 513. (a) Purchase of American-Made Equipment and
Products.--In the case of any equipment or products that may be
authorized to be purchased with financial assistance provided
under this Act, it is the sense of the Congress that entities
receiving such assistance should, in expending the assistance,
purchase only American-made equipment and products.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the Secretary of the
Treasury shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the
Congress.
Sec. 514. If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, such
person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 515. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 1997 from appropriations
made available for salaries and expenses for fiscal year 1997
in this Act, shall remain available through September 30, 1998,
for each such account for the purposes authorized: Provided,
That a request shall be submitted to the House and Senate
Committees on Appropriations for approval prior to the
expenditure of such funds.
Sec. 516. Where appropriations in this Act are expendable
for travel expenses of employees and no specific limitation has
been placed thereon, the expenditures for such travel expenses
may not exceed the amount set forth in the budget estimates
submitted for appropriations without the advance approval of
the House and Senate Committees on Appropriations: Provided,
That this section shall not apply to travel performed by
uncompensated officials of local boards and appeal boards in
the Selective Service System; to travel performed directly in
connection with care and treatment of medical beneficiaries of
the Department of Veterans Affairs; to travel of the Office of
Personnel Management in carrying out its observation
responsibilities of the Voting Rights Act; or to payments to
interagency motor pools separately set forth in the budget
schedules: Provided further, That this provision does not apply
to accounts that do not contain an object identification for
travel.
Sec. 517. Notwithstanding any other provision of law or
regulation during the fiscal year ending September 30, 1997,
and thereafter:
(1) The authority of the special police officers of
the Bureau of Engraving and Printing, in the
Washington, DC Metropolitan area, extends to buildings
and land under the custody and control of the Bureau;
to buildings and land acquired by or for the Bureau
through lease, unless otherwise provided by the
acquisition agency; to the streets, sidewalks and open
areas immediately adjacent to the Bureau along
Wallenberg Place (15th Street) and 14th Street between
Independence and Maine Avenues and C and D Streets
between 12th and 14th Streets; to areas which include
surrounding parking facilities used by Bureau
employees, including the lots at 12th and C Streets,
SW, Maine Avenue and Water Streets, SW, Maiden Lane,
the Tidal Basin and East Potomac Park; to the
protection in transit of United States securities,
plates and dies used in the production of United States
securities, or other products or implements of the
Bureau of Engraving and Printing which the Director of
that agency so designates.
(2) The authority of the special police officers of
the United States Mint extends to the buildings and
land under the custody and control of the Mint; to the
streets, sidewalks and open areas in the vicinity to
such facilities; to surrounding parking facilities used
by Mint employees; and to the protection in transit of
bullion, coins, dies, and other property and assets of,
or in the custody of, the Mint.
(3) The exercise of police authority by Bureau or
Mint officers, with the exception of the exercise of
authority upon property under the custody and control
of the Bureau or the Mint, respectively, shall be
deemed supplementary to the Federal police force with
primary jurisdictional responsibility. This authority
shall be in addition to any other law enforcement
authority which has been provided to these officers
under other provisions of law or regulations.
Sec. 518. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefit program which provides any benefits or
coverage for abortions.
Sec. 519. The provision of section 518 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an act
of rape or incest.
Sec. 520. No part of any appropriation made available in
this Act shall be used to implement Bureau of Alcohol, Tobacco
and Firearms Ruling TD ATF-360; Re: Notice Nos. 782, 780,
91F009P.
Sec. 521. Notwithstanding title 5, United States Code,
Personal Service Contractors (PSC) employed by the Department
of the Treasury shall be considered as Federal Government
employees for purposes of making available Federal employee
health and life insurance.
Sec. 522. Section 5131 of title 31, United States Code,
is amended by striking subsection (c); and by redesignating
subsection (d) as subsection (c).
Sec. 523. Section 5112(i)(4) of title 31, United States
Code, is amended by adding at the end the following new
subparagraph:
``(C) The Secretary may continue to mint and issue coins in
accordance with the specifications contained in paragraphs (7),
(8), (9), and (10) of subsection (a) and paragraph (1)(A) of
this subsection at the same time the Secretary in minting and
issuing other bullion and proof gold coins under this
subsection in accordance with such program procedures and coin
specifications, designs, varieties, quantities, denominations,
and inscriptions as the Secretary, in the Secretary's
discretion, may prescribe from time to time.'': Provided, That
profits generated from the sale of gold to the United States
Mint for this program shall be considered as a receipt to be
deposited into the General Fund of the Treasury.
Sec. 524. Section 5112 of title 31, United States Code, is
amended by adding at the end the following new subsection:
``(k) The Secretary may mint and issue bullion and proof
platinum coins in accordance with such specifications, designs,
varieties, quantities, denominations, and inscriptions as the
Secretary, in the Secretary's discretion, may prescribe from
time to time.'': Provided, That the Secretary is authorized to
use Government platinum reserves stockpiled at the United
States Mint as working inventory and shall ensure that reserves
utilized are replaced by the Mint.
Sec. 526. (a) Reimbursement of Certain Attorney Fees and
Costs.--
(1) In general.--The Secretary of the Treasury
shall pay from amounts appropriated in title I of this
Act under the heading, ``Departmental Offices, Salaries
and Expenses'', up to $500,000 to reimburse former
employees of the White House Travel Office whose
employment in that Office was terminated on May 19,
1993, for any attorney fees and costs they incurred
with respect to that termination.
(2) Verification required.--The Secretary shall pay
an individual in full under paragraph (1) upon
submission by the individual of documentation verifying
the attorney fees and costs.
(3) No inference of liability.--Liability of the
United States shall not be inferred from enactment of
or payment under this subsection.
(b) Limitation on Filing of Claims.--The Secretary of the
Treasury shall not pay any claim filed under this section that
is filed later than 120 days after the date of the enactment of
this Act.
(c) Limitation.--Payments under subsection (a) shall not
include attorney fees or costs incurred with respect to any
Congressional hearing or investigation into the termination of
employment of the former employees of the White House Travel
Office.
(d) Reduction.--The amount paid pursuant to this section to
an individual for attorney fees and costs described in
subsection (a) shall be reduced by any amount received before
the date of the enactment of this Act, without obligation for
repayment by the individual, for payment of such attorney fees
and costs (including any amount received from the funds
appropriated for the individual in the matter relating to the
``Office of the General Counsel'' under the heading ``Office of
the Secretary'' in title I of the Department of Transportation
and Related Agencies Appropriations Act, 1994).
(e) Payment in Full Settlement of Claims Against the United
States.--Payment under this section, when accepted by an
individual described in subsection (a), shall be in full
satisfaction of all claims of, or on behalf of, the individual
against the United States that arose out of the termination of
the White House Travel Office employment of that individual on
May 19, 1993.
Sec. 527. None of the funds made available in this Act may
be used by the Executive Office of the President to request
from the Federal Bureau of Investigation any official
background investigation report on any individual, except when
it is made known to the Federal official having authority to
obligate or expend such funds that--
(1) such individual has given his or her express
written consent for such request not more than 6 months
prior to the date of such request and during the same
presidential administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 528. (a) Closing of Alley.--The alley bisecting the
property on which a facility is being constructed for use by
the United States Government at 930 H Street, N.W., Washington,
District of Columbia, is closed to the public, without regard
to any contingencies.
(b) Jurisdiction.--The Administrator of General Services
shall have administrative jurisdiction over, and shall hold
title on behalf of the United States in, the alley, property,
and facility referred to in subsection (a).
Sec. 529. (a) Commemorative Coin Program Restrictions.--
Section 5112 of title 31, United States Code, as amended by
sections 524 and 530 of this Act, is amended by adding at the
end the following new subsection:
``(m) Commemorative Coin Program Restrictions.--
``(1) Maximum number.--Beginning January 1, 1999,
the Secretary may mint and issue commemorative coins
under this section during any calendar year with
respect to not more than 2 commemorative coin programs.
``(2) Mintage levels.--
``(A) In general.--Except as provided in
subparagraph (B), in carrying out any
commemorative coin program, the Secretary shall
mint--
``(i) not more than 750,000 clad
half-dollar coins;
``(ii) not more than 500,000 silver
one-dollar coins; and
``(iii) not more than 100,000 gold
five-dollar or ten-dollar coins.
``(B) Exception.--If the Secretary
determines, based on independent, market-based
research conducted by a designated recipient
organization of a commemorative coin program,
that the mintage levels described in
subparagraph (A) are not adequate to meet
public demand for that commemorative coin, the
Secretary may waive one or more of the
requirements of subparagraph (A) with respect
to that commemorative coin program.
``(C) Designated recipient organization
defined.--For purposes of this paragraph, the
term `designated recipient organization' means
any organization designated, under any
provision of law, as the recipient of any
surcharge imposed on the sale of any numismatic
item.''.
(b) Recovery of Mint Expenses Required Before Payment of
Surcharges to any Recipient Organization.--
(1) Clarification of law relating to deposit of
surcharges in the numismatic public enterprise fund.--
Section 5134(c)(2) of title 31, United States Code, is
amended by inserting ``, including amounts attributable
to any surcharge imposed with respect to the sale of
any numismatic item'' before the period.
(2) Conditions on payment of surcharges to
recipient organizations.--Section 5134 of title 31,
United States Code, is amended by adding at the end the
following new subsection:
``(f) Conditions on Payment of Surcharges to Recipient
Organizations.--
``(1) Payment of surcharges.--Notwithstanding any
other provision of law, no amount derived from the
proceeds of any surcharge imposed on the sale of any
numismatic item shall be paid from the fund to any
designated recipient organization unless--
``(A) all numismatic operation and program
costs allocable to the program under which such
numismatic item is produced and sold have been
recovered; and
``(B) the designated recipient organization
submits an audited financial statement that
demonstrates to the satisfaction of the
Secretary of the Treasury that, with respect to
all projects or purposes for which the proceeds
of such surcharge may be used, the organization
has raised funds from private sources for such
projects and purposes in an amount that is
equal to or greater than the maximum amount the
organization may receive from the proceeds of
such surcharge.
``(2) Annual audits.--
``(A) Annual audits of recipients
required.--Each designated recipient
organization that receives any payment from the
fund of any amount derived from the proceeds of
any surcharge imposed on the sale of any
numismatic item shall provide, as a condition
for receiving any such amount, for an annual
audit, in accordance with generally accepted
government auditing standards by an independent
public accountant selected by the organization,
of all such payments to the organization
beginning in the first fiscal year of the
organization in which any such amount is
received and continuing until all amounts
received by such organization from the fund
with respect to such surcharges are fully
expended or placed in trust.
``(B) Minimum requirements for annual
audits.--At a minimum, each audit of a
designated recipient organization pursuant to
subparagraph (A) shall report--
``(i) the amount of payments
received by the designated recipient
organization from the fund during the
fiscal year of the organization for
which the audit is conducted that are
derived from the proceeds of any
surcharge imposed on the sale of any
numismatic item;
``(ii) the amount expended by the
designated recipient organization from
the proceeds of such surcharges during
the fiscal year of the organization for
which the audit is conducted; and
``(iii) whether all expenditures by
the designated recipient organization
during the fiscal year of the
organization for which the audit is
conducted from the proceeds of such
surcharges were for authorized
purposes.
``(C) Responsibility of organization to
account for expenditures of surcharges.--Each
designated recipient organization that receives
any payment from the fund of any amount derived
from the proceeds of any surcharge imposed on
the sale of any numismatic item shall take
appropriate steps, as a condition for receiving
any such payment, to ensure that the receipt of
the payment and the expenditure of the proceeds
of such surcharge by the organization in each
fiscal year of the organization can be
accounted for separately from all other
revenues and expenditures of the organization.
``(D) Submission of audit report.--Not
later than 90 days after the end of any fiscal
year of a designated recipient organization for
which an audit is required under subparagraph
(A), the organization shall--
``(i) submit a copy of the report
to the Secretary of the Treasury; and
``(ii) make a copy of the report
available to the public.
``(E) Use of surcharges for audits.--Any
designated recipient organization that receives
any payment from the fund of any amount derived
from the proceeds of any surcharge imposed on
the sale of any numismatic item may use the
amount received to pay the cost of an audit
required under subparagraph (A).
``(F) Waiver of paragraph.--The Secretary
of the Treasury may waive the application of
any subparagraph of this paragraph to any
designated recipient organization for any
fiscal year after taking into account the
amount of surcharges that such organization
received or expended during such year.
``(G) Nonapplicability to federal
entities.--This paragraph shall not apply to
any Federal agency or department or any
independent establishment in the executive
branch that receives any payment from the fund
of any amount derived from the proceeds of any
surcharge imposed on the sale of any numismatic
item.
``(H) Availability of books and records.--
An organization that receives any payment from
the fund of any amount derived from the
proceeds of any surcharge imposed on the sale
of any numismatic item shall provide, as a
condition for receiving any such payment, to
the Inspector General of the Department of the
Treasury or the Comptroller General of the
United States, upon the request of such
Inspector General or the Comptroller General,
all books, records, and work papers belonging
to or used by the organization, or by any
independent public accountant who audited the
organization in accordance with subparagraph
(A), which may relate to the receipt or
expenditure of any such amount by the
organization.
``(3) Use of agents or attorneys to influence
commemorative coin legislation.--No portion of any
payment from the fund to any designated recipient
organization of any amount derived from the proceeds of
any surcharge imposed on the sale of any numismatic
item may be used, directly or indirectly, by the
organization to compensate any agent or attorney for
services rendered to support or influence in any way
legislative action of the Congress relating to such
numismatic item.
``(4) Designated recipient organization defined.--
For purposes of this subsection, the term `designated
recipient organization' means any organization
designated, under any provision of law, as the
recipient of any surcharge imposed on the sale of any
numismatic item.''.
(3) Scope of application.--The amendments made by
this section shall apply with respect to the proceeds
of any surcharge imposed on the sale of any numismatic
item that are deposited in the Numismatic Public
Enterprise Fund after the date of the enactment of this
Act.
(4) Repeal of existing recipient report
requirement.--Section 303 of Public Law 103-186 (31
U.S.C. 5112 note) is repealed.
(c) Quarterly Financial Reports.--Section 5134 of title 31,
United States Code, is amended by adding at the end the
following new subsection:
``(g) Quarterly Financial Reports.--
``(1) In general.--Not later than the 30th day of
each month following each calendar quarter through and
including the final period of sales with respect to any
commemorative coin program authorized on or after the
date of enactment of the Treasury, Postal Service, and
General Government Appropriations Act, 1997, the Mint
shall submit to the Congress a quarterly financial
report in accordance with this subsection.
``(2) Requirements.--Each report submitted under
paragraph (1) shall include, with respect to the
calendar quarter at issue--
``(A) a detailed financial statement,
prepared in accordance with generally accepted
accounting principles, that includes financial
information specific to that quarter, as well
as cumulative financial information relating to
the entire program;
``(B) a detailed accounting of--
``(i) all costs relating to
marketing efforts;
``(ii) all funds projected for
marketing use;
``(iii) all costs for employee
travel relating to the promotion of
commemorative coin programs;
``(iv) all numismatic items minted,
sold, not sold, and rejected during the
production process; and
``(v) the costs of melting down all
rejected and unsold products;
``(C) adequate market-based research for
all commemorative coin programs; and
``(D) a description of the efforts of the
Mint in keeping the sale price of numismatic
items as low as practicable.''.
(d) Citizens Commemorative Coin Advisory Committee.--
(1) Fixed terms for members.--Section 5135(a)(4) of
title 31, United States Code, is amended to read as
follows:
``(4) Terms.--Each member appointed under clause
(i) or (iii) of paragraph (3)(A) shall be appointed for
a term of 4 years.''.
(2) Chairperson.--Section 5135(a) of title 31,
United States Code, is amended by adding at the end the
following new paragraph:
``(7) Chairperson.--
``(A) In general.--Subject to subparagraph
(B), the Chairperson of the Advisory Committee
shall be elected by the members of the Advisory
Committee from among such members.
``(B) Exception.--The member appointed
pursuant to paragraph (3)(A)(ii) (or the
alternate to that member) may not serve as the
Chairperson of the Advisory Committee,
beginning on June 1, 1999.''.
(e) Effective Date.--This section and the amendments made
by this section shall take effect on the date of enactment of
this Act.
TITLE VI--GENERAL PROVISIONS
Departments, Agencies, and Corporations
Section 601. Funds appropriated in this or any other Act
may be used to pay travel to the United States for the
immediate family of employees serving abroad in cases of death
or life threatening illness of said employee.
Sec. 602. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 1997 shall obligate or expend any
such funds, unless such department, agency, or instrumentality
has in place, and will continue to administer in good faith, a
written policy designed to ensure that all of its workplaces
are free from the illegal use, possession, or distribution of
controlled substances (as defined in the Controlled Substances
Act) by the officers and employees of such department, agency,
or instrumentality.
Sec. 603. Notwithstanding 31 U.S.C. 1345, any agency,
department or instrumentality of the United States which
provides or proposes to provide child care services for Federal
employees may reimburse any Federal employee or any person
employed to provide such services for travel, transportation,
and subsistence expenses incurred for training classes,
conferences or other meetings in connection with the provision
of such services: Provided, That any per diem allowance made
pursuant to this section shall not exceed the rate specified in
regulations prescribed pursuant to section 5707 of title 5,
United States Code.
Sec. 604. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with section 16 of the Act of August 2, 1946 (60
Stat. 810), for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement, and
undercover surveillance vehicles), is hereby fixed at $8,100
except station wagons for which the maximum shall be $9,100:
Provided, That these limits may be exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000
for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more
than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the cost
of comparable conventionally fueled vehicles.
Sec. 605. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with 5
U.S.C. 5922-24.
Sec. 606. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this or
any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person (1)
is a citizen of the United States, (2) is a person in the
service of the United States on the date of enactment of this
Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United
States prior to such date and is actually residing in the
United States, (3) is a person who owes allegiance to the
United States, (4) is an alien from Cuba, Poland, South
Vietnam, the countries of the former Soviet Union, or the
Baltic countries lawfully admitted to the United States for
permanent residence, (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1,
1975, or (6) is a national of the People's Republic of China
who qualifys for adjustment of status pursuant to the Chinese
Student Protection Act of 1992: Provided, That for the purpose
of this section, an affidavit signed by any such person shall
be considered prima facie evidence that the requirements of
this section with respect to his or her status have been
complied with: Provided further, That any person making a false
affidavit shall be guilty of a felony, and, upon conviction,
shall be fined no more than $4,000 or imprisoned for not more
than 1 year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for,
any other provisions of existing law: Provided further, That
any payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government. This section shall not apply to
citizens of Ireland, Israel, or the Republic of the
Philippines, or to nationals of those countries allied with the
United States in the current defense effort, or to
international broadcasters employed by the United States
Information Agency, or to temporary employment of translators,
or to temporary employment in the field service (not to exceed
60 days) as a result of emergencies.
Sec. 607. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with the
Public Buildings Act of 1959 (73 Stat. 749), the Public
Buildings Amendments of 1972 (87 Stat. 216), or other
applicable law.
Sec. 608. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs. Such
funds shall be available until expended for the following
purposes:
(1) Acquisition, waste reduction and prevention,
and recycling programs as described in Executive Order
12873 (October 20, 1993), including any such programs
adopted prior to the effective date of the Executive
Order.
(2) Other Federal agency environmental management
programs, including, but not limited to, the
development and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by law or
as deemed appropriate by the head of the Federal
agency.
Sec. 609. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to objects
for which such funds are otherwise available, for rent in the
District of Columbia; services in accordance with 5 U.S.C.
3109; and the objects specified under this head, all the
provisions of which shall be applicable to the expenditure of
such funds unless otherwise specified in the Act by which they
are made available: Provided, That in the event any functions
budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 610. No part of any appropriation for the current
fiscal year contained in this or any other Act shall be paid to
any person for the filling of any position for which he or she
has been nominated after the Senate has voted not to approve
the nomination of said person.
Sec. 611. For the fiscal year ending September 30, 1997,
and thereafter, any department or agency to which the
Administrator of General Services has delegated the authority
to operate, maintain or repair any building or facility
pursuant to section 205(d) of the Federal Property and
Administrative Services Act of 1949, as amended, shall retain
that portion of the GSA rental payment available for operation,
maintenance or repair of the building or facility, as
determined by the Administrator, and expend such funds directly
for the operation, maintenance or repair of the building or
facility. Any funds retained under this section shall remain
available until expended for such purposes.
Sec. 612. (a) In General.--Section 1306 of title 31, United
States Code, is amended to read as follows:
``Sec. 1306. Use of foreign credits
``(a) In General.--Foreign credits (including currencies)
owed to or owned by the United States may be used by any agency
for any purpose for which appropriations are made for the
agency for the current fiscal year (including the carrying out
of Acts requiring or authorizing the use of such credits), but
only when reimbursement therefor is made to the Treasury from
applicable appropriations of the agency.
``(b) Exception to Reimbursement Requirement.--Credits
described in subsection (a) that are received as exchanged
allowances, or as the proceeds of the sale of personal
property, may be used in whole or partial payment for the
acquisition of similar items, to the extent and in the manner
authorized by law, without reimbursement to the Treasury.''.
(b) Applicability.--The amendment made by this section
shall take effect on the date of the enactment of this Act and
shall apply thereafter.
Sec. 613. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of
boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 614. Funds made available by this or any other Act to
the ``Postal Service Fund'' (39 U.S.C. 2003) shall be available
for employment of guards for all buildings and areas owned or
occupied by the Postal Service and under the charge and control
of the Postal Service, and such guards shall have, with respect
to such property, the powers of special policemen provided by
the first section of the Act of June 1, 1948, as amended (62
Stat. 281; 40 U.S.C. 318), and, as to property owned or
occupied by the Postal Service, the Postmaster General may take
the same actions as the Administrator of General Services may
take under the provisions of sections 2 and 3 of the Act of
June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a, 318b),
attaching thereto penal consequences under the authority and
within the limits provided in section 4 of the Act of June 1,
1948, as amended (62 Stat. 281; 40 U.S.C. 318c).
Sec. 615. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer,
or enforce any regulation which has been disapproved pursuant
to a resolution of disapproval duly adopted in accordance with
the applicable law of the United States.
Sec. 616. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for the fiscal year ending on
September 30, 1997, by this or any other Act, may be used to
pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(1) during the period from the date of expiration
of the limitation imposed by section 616 of the
Treasury, Postal Service and General Government
Appropriations Act, 1996, until the normal effective
date of the applicable wage survey adjustment that is
to take effect in fiscal year 1997, in an amount that
exceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance with
such section 616; and
(2) during the period consisting of the remainder
of fiscal year 1997, in an amount that exceeds, as a
result of a wage survey adjustment, the rate payable
under paragraph (1) by more than the sum of--
(A) the percentage adjustment taking effect
in fiscal year 1997 under section 5303 of title
5, United States Code, in the rates of pay
under the General Schedule; and
(B) the difference between the overall
average percentage of the locality-based
comparability payments taking effect in fiscal
year 1997 under section 5304 of such title
(whether by adjustment or otherwise), and the
overall average percentage of such payments
which was effective in fiscal year 1996 under
such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which subsection (a) is in effect at a
rate that exceeds the rates that wouldbe payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to
an employee who is covered by this section and who is paid from
a schedule not in existence on September 30, 1996, shall be
determined under regulations prescribed by the Office of
Personnel Management.
(d) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this section may not be
changed from the rates in effect on September 30, 1996, except
to the extent determined by the Office of Personnel Management
to be consistent with the purpose of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 1996.
(f) For the purpose of administering any provision of law
(including section 8431 of title 5, United States Code, and any
rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any
deduction or contribution, or that imposes any requirement or
limitation on the basis of a rate of salary or basic pay, the
rate of salary or basic pay payable after the application of
this section shall be treated as the rate of salary or basic
pay.
(g) Nothing in this section shall be considered to permit
or require the payment to any employee covered by this section
at a rate in excess of the rate that would be payable were this
section not in effect.
(h) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this section if the
Office determines that such exceptions are necessary to ensure
the recruitment or retention of qualified employees.
Sec. 617. During the period in which the head of any
department or agency, or any other officer or civilian employee
of the Government appointed by the President of the United
States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such
department head, agency head, officer or employee, or to
purchase furniture or make improvements for any such office,
unless advance notice of such furnishing or redecoration is
expressly approved by the Committees on Appropriations of the
House and Senate. For the purposes of this section, the word
``office'' shall include the entire suite of offices assigned
to the individual, as well as any other space used primarily by
the individual or the use of which is directly controlled by
the individual.
Sec. 618. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the House and Senate Committees on Appropriations.
Sec. 619. Notwithstanding section 1346 of title 31, United
States Code, or section 613 of this Act, funds made available
for fiscal year 1997 by this or any other Act shall be
available for the interagency funding of national security and
emergency preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities, as
provided by Executive Order Numbered 12472 (April 3, 1984).
Sec. 620. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from the
competitive service pursuant to section 3302 of title 5, United
States Code, without a certification to the Office of Personnel
Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that
the Schedule C position was not created solely or primarily in
order to detail the employee to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services detailed to
or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense
for the collection of specialized national foreign
intelligence through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy,
Air Force, and Marine Corps, the Federal Bureau of
Investigation and the Drug Enforcement Administration
of the Department of Justice, the Department of
Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions;
and
(7) the Director of Central Intelligence.
Sec. 621. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 1997 shall obligate or expend any
such funds, unless such department, agency or instrumentality
has in place, and will continue to administer in good faith, a
written policy designed to ensure that all of its workplaces
are free from discrimination and sexual harassment and that all
of its workplaces are not in violation of title VII of the
Civil Rights Act of 1964, as amended, the Age Discrimination in
Employment Act of 1967, and the Rehabilitation Act of 1973.
Sec. 622. No part of any appropriation contained in this
Act may be used to pay for the expenses of travel of employees,
including employees of the Executive Office of the President,
not directly responsible for the discharge of official
governmental tasks and duties: Provided, That this restriction
shall not apply to the family of the President, Members of
Congress or their spouses, Heads of State of a foreign country
or their designees, persons providing assistance to the
President for official purposes, or other individuals so
designated by the President.
Sec. 623. Notwithstanding any provision of law, the
President, or his designee, must certify to Congress, annually,
that no person or persons with direct or indirect
responsibility for administering the Executive Office of the
President's Drug-Free Workplace Plan are themselves subject to
a program of individual random drug testing.
Sec. 624. (a) None of the funds made available in this Act
or any other Act may be obligated or expendedfor any employee
training when it is made known to the Federal official having authority
to obligate or expend such funds that such employee training--
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high levels
of emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of
the content and methods to be used in the training and
written end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new
age'' belief systems as defined in Equal Employment
Opportunity Commission Notice N-915.022, dated
September 2, 1988;
(5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the
workplace; or
(6) includes content related to human
immunodeficiency virus/acquired immune deficiency
syndrome (HIV/AIDS) other than that necessary to make
employees more aware of the medical ramifications of
HIV/AIDS and the workplace rights of HIV-positive
employees.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 625. No funds appropriated in this or any other Act
for fiscal year 1997 may be used to implement or enforce the
agreements in Standard Forms 312 and 4355 of the Government or
any other nondisclosure policy, form, or agreement if such
policy, form, or agreement does not contain the following
provisions: ``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order
12356; section 7211 of title 5, United States Code (governing
disclosures to Congress); section 1034 of title 10, United
States Code, as amended by the Military Whistleblower
Protection Act (governing disclosure to Congress by members of
the military); section 2302(b)(8) of title 5, United States
Code, as amended by the Whistleblower Protection Act (governing
disclosures of illegality, waste, fraud, abuse or public health
or safety threats); the Intelligence Identities Protection Act
of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that
could expose confidential Government agents); and the statutes
which protect against disclosure that may compromise the
national security, including sections 641, 793, 794, 798, and
952 of title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. section 783(b)).
The definitions, requirements, obligations, rights, sanctions,
and liabilities created by said Executive Order and listed
statutes are incorporated into this agreement and are
controlling.'': Provided, That notwithstanding the preceding
paragraph, a nondisclosure policy form or agreement that is to
be executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose
any classified information received in the course of such
activity unless specifically authorized to do so by the United
States Government. Such nondisclosure forms shall also make it
clear that they do not bar disclosures to Congress or to an
authorized official of an executive agency or the Department of
Justice that are essential to reporting a substantial violation
of law.
Sec. 626. (a) None of the funds appropriated by this or any
other Act may be expended by any Federal Agency to procure any
product or service subject to section 5124 of Public Law 104-
106 and that will be available under the procurement by the
Administrator of General Services known as ``FTS2000'' unless--
(1) such product or service is procured by the
Administrator of General Services as part of the
procurement known as ``FTS2000''; or
(2) that agency establishes to the satisfaction of
the Administrator of General Services that--
(A) that agency's requirements for such
procurement are unique and cannot be satisfied
by property and service procured by the
Administrator of General Services as part of
the procurement known as ``FTS2000''; and
(B) the agency procurement, pursuant to
such delegation, would be cost-effective and
would not adversely affect the cost-
effectiveness of the FTS2000 procurement.
(b) After December 31, 1998, subsection (a) shall apply
only if the Administrator of General Services has reported that
the FTS2000 procurement is producing prices that allow the
Government to satisfy its requirements for such procurement in
the most cost-effective manner.
Sec. 627. Subsection (f) of section 403 of Public Law 103-
356 is amended by deleting ``October 1, 1999'' and inserting
``October 1, 2001''.
Sec. 628. (a) In General.--Notwithstanding any other
provision of law, none of the funds made available by this Act
for the Department of the Treasury shall be available for any
activity or for paying the salary of any Government employee
where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule,
regulation, or policy that would permit the Secretary of the
Treasury to make any loan or extension of credit under section
5302 of title 31, United States Code, with respect to a single
foreign entity or government of a foreign country (including
agencies or other entities of that government)--
(1) with respect to a loan or extension of credit
for more than 60 days, unless the President certifies
to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Banking and
Financial Services of the House of Representatives
that--
(A) there is no projected cost (as that
term is defined in section 502 of the Federal
Credit Reform Act of 1990) to the United States
from the proposed loan or extension of credit;
and
(B) any proposed obligation or expenditure
of United States funds to or on behalf of the
foreign government is adequately backed by an
assured source of repayment to ensure that all
United States funds will be repaid; and
(2) other than as provided by an Act of Congress,
if that loan or extension of credit would result in
expenditures and obligations, including contingent
obligations, aggregating more than $1,000,000,000 with
respect to that foreign country for more than 180 days
during the 12-month period beginning on the date on
which the first such action is taken.
(b) Waiver of Limitations.--The President may exceed the
dollar and time limitations in subsection (a)(2) if he
certifies in writing to the Congress that a financial crisis in
that foreign country poses a threat to vital United States
economic interests or to the stability of the international
financial system.
(c) Expedited Procedures for a Resolution of Disapproval.--
A presidential certification pursuant to subsection (b) shall
not take effect, if the Congress, within 30 calendar days after
receiving such certification, enacts a joint resolution of
disapproval, as described in paragraph (5) of this subsection.
(1) Reference to committees.--All joint resolutions
introduced in the Senate to disapprove the
certification shall be referred to the Committee on
Banking, Housing, and Urban Affairs, and in the House
of Representatives, to the appropriate committees.
(2) Discharge of committees.--(A) If the committee
of either House to which a resolution has been referred
has not reported it at the end of 15 days after its
introduction, it is in order to move either to
discharge the committee from further consideration of
the joint resolution or to discharge the committee from
further consideration of any other resolution
introduced with respect to the same matter, except no
motion to discharge shall be in order after the
committee has reported a joint resolution with respect
to the same matter.
(B) A motion to discharge may be made only by an
individual favoring the resolution, and is privileged
in the Senate; and debate thereon shall be limited to
not more than 1 hour, the time to be divided in the
Senate equally between, and controlled by, the majority
leader and the minority leader or their designees.
(3) Floor consideration in the senate.--(A) A
motion in the Senate to proceed to the consideration of
a resolution shall be privileged.
(B) Debate in the Senate on a resolution, and all
debatable motions and appeals in connection therewith,
shall be limited to not more than 4 hours, to be
equally divided between, and controlled by, the
majority leader and the minority leader or their
designees.
(C) Debate in the Senate on any debatable motion or
appeal in connection with a resolution shall be limited
to not more than 20 minutes, to be equally divided
between, and controlled by, the mover and the manager
of the resolution, except that in the event the manager
of the resolution is in favor of any such motion or
appeal, the time in opposition thereto, shall be
controlled by the minority leader or his designee. Such
leaders, or either of them, may, from time under their
control on the passage of a resolution, allot
additional time to any Senator during the consideration
of any debatable motion or appeal.
(D) A motion in the Senate to further limit debate
on a resolution, debatable motion, or appeal is not
debatable. No amendment to, or motion to recommit, a
resolution is in order in the Senate.
(4) In the case of a resolution, if prior to the
passage by one House of a resolution of that House,
that House receives a resolution with respect to the
same matter from the other House, then--
(A) the procedure in that House shall be
the same as if no resolution had been received
from the other House; but
(B) the vote on final passage shall be on
the resolution of the other House.
(5) For purposes of this subsection, the term
``joint resolution'' means only a joint resolution of
the 2 Houses of Congress, the matter after the
resolving clause of which is as follows: ``That the
Congress disapproves the action of the President under
section 628(c) of the Treasury, Postal Service, and
General Government Appropriations Act, 1997, notice of
which was submitted to the Congress on
______________.'', with the blank space being filled
with the appropriate date.
(d) Applicability.--This section--
(1) shall not apply to any action taken as part of
the program of assistance to Mexico announced by the
President on January 31, 1995; and
(2) shall remain in effect through fiscal year
1997.
Sec. 629. (a) Technical Amendment.--Section 640 of Public
Law 104-52 (109 Stat. 513) is amended by striking ``Service
performed'' and inserting ``Hereafter, service performed''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in Public Law 104-52 on the
date of its enactment.
Sec. 630. Notwithstanding any other provision of law, no
part of any appropriation contained in this Act for any fiscal
year shall be available for paying Sunday premium or
differential pay to any employee unless such employee actually
performed work during the time corresponding to such premium or
differential pay.
Sec. 631. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 632. (a) The United States Courthouse under
construction at 1030 Southwest 3d Avenue in Portland, Oregon,
shall be known and designated as the ``Mark O. Hatfield United
States Courthouse''.
(b) Any reference in a law, map, regulation, document,
paper, or other record of the United States to the courthouse
referred to in section 901 shall be deemed to be a reference to
the ``Mark O. Hatfield United States Courthouse''.
(c) This section shall take effect on January 2, 1997.
Sec. 633. Survivor Annuity Resumption Upon Termination of
Marriage.--(a) Amendments.--
(1) Civil service retirement system.--Section
8341(e) of title 5, United States Code, is amended by
adding at the end the following:
``(4) If the annuity of a child under this subchapter
terminates under paragraph (3)(E) because of marriage, then, if
such marriage ends, such annuity shall resume on the first day
of the month in which it ends, but only if--
``(A) any lump sum paid is returned to the Fund;
and
``(B) that individual is not otherwise ineligible
for such annuity.''.
(2) Federal employees' retirement system.--Section
8443(b) of such title is amended by adding at the end
the following: ``If the annuity of a child under this
subchapter terminates under subparagraph (E) because of
marriage, then, if such marriage ends, such annuity
shall resume on the first day of the month in which it
ends, but only if any lump sum paid is returned to the
Fund, and that individual is not otherwise ineligible
for such annuity.''.
(3) Federal employees health benefits.--Section
8908 of title 5, United States Code, is amended by
adding at the end of the following new subsection:
``(d) A surviving child whose survivor annuity under
section 8341(e) or 8443(b) was terminated and is later restored
under paragraph (4) of section 8341(e) or the last sentence of
section 8443(b) may, under regulations prescribed by the
Office, enroll in a health benefits plan described by section
8903 or 8903a if such surviving child was covered by any such
plan immediately before such annuity was terminated.''.
(b) Applicability.--The amendments made by subsection (a)
shall apply with respect to any termination of marriage taking
effect before, on, or after the date of enactment of this Act,
except that benefits shall be payable only with respect to
amounts accruing for periods beginning on the first day of the
month beginning after the later of such termination of marriage
or such date of enactment.
Sec. 634. Availability of Annual Leave For Employees
Affected by Reduction in Force.--Section 6302 of title 5,
United States Code, is amended by adding at the end of the
following new subsection:
``(g) An employee who is being involuntarily separated from
an agency due to a reduction in force or transfer of function
under subchapter I of chapter 35 may elect to use annual leave
to the employee's credit to remain on the agency's rolls after
the date the employee would otherwise have been separated if,
and only to the extent that, such additional time in a pay
status will enable the employee to qualify for an immediate
annuity under section 8336, 8412, 8414, or to qualify to carry
health benefits coverage into retirement under section
8905(b).''.
Sec. 635. Section 207(e)(6)(B) of title 18, United States
Code, is amended by striking ``level V of the Executive
Schedule'' and inserting ``level 5 of the Senior Executive
Service''.
Sec. 636. Reimbursements Relating to Professional Liability
Insurance.--(a) Authority.--Notwithstanding any other provision
of law, amounts appropriated by this Act (or any other Act for
fiscal year 1997 or any fiscal year thereafter) for salaries
and expenses may be used to reimburse any qualified employee
for not to exceed one-half the costs incurred by such employee
for professional liability insurance. A payment under this
section shall be contingent upon the submission of such
information or documentation as the employing agency may
require.
(b) Qualified Employee.--For purposes of this section, the
term ``qualified employee'' means an agency employee whose
position is that of--
(1) a law enforcement officer; or
(2) a supervisor or management official.
(c) Definitions.--For purposes of this section--
(1) the term ``agency'' means an Executive agency,
as defined by section 105 of title 5, United States
Code, and any agency of the Legislative Branch of
Government including any office or committee of the
Senate or the House of Representatives;
(2) the term ``law enforcement officer'' means an
employee, the duties of whose position are primarily
the investigation, apprehension, prosecution, or
detention of individuals suspected or convicted of
offenses against the criminal laws of the United
States, including any law enforcement officer under
section 8331(20) or 8401(17) of such title 5, or under
section 4823 of title 22, United States Code;
(3) the terms ``supervisor'' and ``management
official'' have the respective meanings given them by
section 7103(a) of such title 5, and
(4) the term ``professional liability insurance''
means insurance which provides coverage for--
(A) legal liability for damages due to
injuries to other persons, damage to their
property, or other damage or loss to such other
persons (including the expenses of litigation
and settlement) resulting from or arising out
of any tortious act, error, or omission of the
covered individual (whether common law,
statutory, or constitutional) while in the
performance of such individual's official
duties as a qualified employee; and
(B) the cost of legal representation for
the covered individual in connection with any
administrative or judicial proceeding
(including any investigation or disciplinary
proceeding) relating to any act, error, or
omission of the covered individual while in the
performance of such individual's official
duties as a qualified employee, and other legal
costs and fees relating to any such
administrative or judicial proceeding.
(d) Applicability.--The amendments made by this section
shall take effect on the date of the enactment of this Act and
shall apply thereafter.
Sec. 637. For purposes of each provision of law amended by
section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C.
5318 note), no adjustment under section 5303 of title 5, United
States Code, shall be considered to have taken effect in fiscal
year 1997 in the rates of basic pay for the statutory pay
systems.
Sec. 638. For FY 1997, the Secretary of the Treasury is
authorized to use funds made available to the FSLIC Resolution
Fund under P.L. 103-327, not to exceed $26,100,000, to
reimburse the Department of Justice for the reasonable expenses
of litigation that are incurred in the defense of claims
against the U.S. arising from FIRREA and its implementation.
Sec. 639. Section 608 of Public Law 104-52 is amended in
the first sentence by inserting before the period, ``,
including Federal records disposed of pursuant to a records
schedule''.
Sec. 640. In reviewing and analyzing the contracting out,
outsourcing or privatization of business and administrative
functions, and in implementing 40 U.S.C. sections 1413 and
1423, and other provisions, in title LI of the National Defense
Authorization Act for fiscal year 1996 (the Information
Technology Management Reform Act)--
(1) the Director of the Office of Management and
Budget and the heads of the executive agencies may have
studies, analyses, reviews and other management
assistance performed by the private sector;
(2) the reviews, analyses, and studies called for
by 40 U.S.C. section 1413(b)(2) (B) and (C) shall be
completed and reported to the Agency Head within 180
days, or less measured from when a study analysis or
review is initiated unless the Agency Head determines
additional time is needed;
(3) in accordance with principles and rules
governing organizational conflicts of interest, persons
involved in a particular study may not compete for any
work that is to be or is outsourced as a result of that
study; and
(4) this section will apply with respect to studies
occurring on or after the date of enactment of this
subsection and completed before September 1, 1999 and
the Comptroller General of the United States shall
review and provide an assessment of this program by
January 1, 1999.
Sec. 641. (a) Section 1--Authorization of Appropriations.--
Section 8(a)(1) of the Whistleblower Protection Act of 1989 (5
U.S.C. 5509 note, Public Law 101-12, April 10, 1989, 103 Stat.
34, as amended Public Law 103-424, Section 1, October 29, 1994,
108 Stat. 4361), is amended by striking the words: ``1993,
1994, 1995, 1996, and 1997,'' and inserting in lieu thereof
``1998, 1999, 2000, 2001, and 2002''.
(b) Section 2--Effective Date.--This Act shall take effect
on October 1, 1998.
Sec. 642. (a) Section 1.--Authorization of
Appropriations.--Section 8(a)(1) of the Whistleblower
Protection Act of 1989 (5 U.S.C. 5509 note; Public Law 103-424;
103 Stat. 34) is amended by striking out: ``1993, 1994, 1995,
1996, and 1997,'' and inserting in lieu thereof ``1998, 1999,
2000, 2001, and 2002''.
(b) Section 2--Effective Date.--This Act shall take effect
on October 1, 1998.
Sec. 643. Modifications of National Commission on
Restructuring the Internal Revenue Service.--(a) Quorum.--
Paragraph (4) of section 637(b) of the Treasury, Postal
Service, and General Government Appropriations Act, 1996
(Public Law 104-52, 109 Stat. 510) is amended by striking
``Seven'' and inserting ``Nine''.
(b) Co-Chairs.--
(1) In general.--Paragraph (3) of section 637(b) of
such Act is amended--
(A) by striking ``a Chairman'' and
inserting ``Co-Chairs'', and
(B) by striking ``Chairman'' in the heading
and inserting ``Co-Chairs''.
(2) Conforming amendments.--(A) Paragraph (5)(B) of
section 637(b) of such Act is amended by striking ``a
Chairman'' and inserting ``Co-Chairs''.
(B) Subsections (b)(4), (d)(1)(B), (d)(3), and
(e)(1) of section 637 of such Act are each amended by
striking ``Chairman'' each place it appears and
inserting ``Co-Chairs''.
(c) Gifts.--Section 637(d) of such Act is amended by adding
at the end the following new paragraph:
``(6) Gifts.--The Commission may accept, use, and
dispose of gifts or donations of services or property
in carrying out its duties under this section.''
(d) Travel Expenses.--Section 637(f)(2) of such Act is
amended by striking ``shall'' and inserting ``may''.
(e) Time for Filing Report.--
(1) In general.--Paragraph (1) of section 637(g) of such
Act is amended by striking ``one year'' and inserting ``15
months''.
(2) Conforming amendment.--Subparagraph (A) of section
637(c)(1) of such Act is amended by striking ``one year'' and
inserting ``15 months''.
(f) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of the
Treasury, Postal Service, and General Government Appropriations
Act, 1996.
Sec. 644. (a) In General.--Section 202(a) of title 39,
United States Code, is amended by striking ``$10,000 a year''
and inserting ``$30,000 a year''.
(b) Effective Date.--Subsection (a) shall take effect at
the beginning of the next applicable pay period beginning after
the date of the enactment of this Act.
Sec. 645. (a) In General.--No later than September 30,
1997, the Director of the Office of Management and Budget shall
submit to the Congress a report that provides--
(1) estimates of the total annual costs and
benefits of Federal regulatory programs, including
quantitative and nonquantitative measures of regulatory
costs and benefits;
(2) estimates of the costs and benefits (including
quantitative and nonquantitative measures) of each rule
that is likely to have a gross annual effect on the
economy of $100,000,000 or more in increased costs;
(3) an assessment of the direct and indirect
impacts of Federal rules on the private sector, State
and local government, and the Federal Government; and
(4) recommendations from the Director and a
description of significant public comments to reform or
eliminate any Federal regulatory program or program
element that is inefficient, ineffective, or is not a
sound use of the Nation's resources.
(b) Notice.--The Director shall provide public notice and
an opportunity to comment on the report under subsection (a)
before the report is issued in final form.
Sec. 646. Subsection (b) of section 404 of Public Law 103-
356 is amended by deleting ``September 30, 1997'' and inserting
``December 31, 1999''.
Sec. 647. (a) Notwithstanding any other provision of law,
the Secretary shall, on behalf of the United States, transfer
to the University of Miami, without charge, title to the real
property and improvements that as of the date of the enactment
of this Act constitute the Federal facility known as the
Perrine Primate Center, subject to the condition that, during
the 10-year period beginning on the date of the transfer--
(1) the University will provide for the continued
use of the real property and improvements as an animal
research facility, including primates, and such use
will be the exclusive use of the property (with such
incidental exceptions as the Secretary may approve); or
(2) the real property and improvements will be used
for research-related purposes other than the purpose
specified in paragraph (1) (or for both of such
purposes), if the Secretary and the University enter
into an agreement accordingly.
(b) The conveyance under subsection (a) shall not become
effective unless the conveyance specifies that, if the
University of Miami engages in a material breach of the
conditions specified in such subsection, title to the real
property and improvements involved reverts to the United States
at the election of the Secretary.
(c) The real property referred to in subsections (a) and
(b) is located in the county of Dade in the State of Florida,
and is a parcel consisting of the northernmost 30 acre-parcel
of the area. The exact acreage and legal description used for
purposes of the transfer under subsection (a) shall be in
accordance with a survey that is satisfactory to the Secretary.
(d) For the purposes of this section--
(1) the term ``Secretary'' means the Secretary of
Health and Human Services; and
(2) the term ``University of Miami'' means the
University of Miami located in the State of Florida.
Sec. 648. (a) Increased Penalties for Counterfeiting
Violations.--Sections 474 and 474A of title 18, United States
Code, are amended by striking ``class C felony'' each place
that term appears and inserting ``class B felony''.
(b) Criminal Penalty for Production, Sale, Transportation,
Possession of Fictitious Financial Instruments Purporting To Be
Those of the States, of Political Subdivisions, and of Private
Organizations.--
(1) In general.--Chapter 25 of title 18, United
States Code, is amended by inserting after section 513,
the following new section:
``Sec. 514. Fictitious obligations
``(a) Whoever, with the intent to defraud--
``(1) draws, prints, processes, produces,
publishes, or otherwise makes, or attempts or causes
the same, within the United States;
``(2) passes, utters, presents, offers, brokers,
issues, sells, or attempts or causes the same, or with
like intent possesses, within the United States; or
``(3) utilizes interstate or foreign commerce,
including the use of the mails or wire, radio, or other
electronic communication, to transmit, transport, ship,
move, transfer, or attempts or causes the same, to,
from, or through the United States,
any false or fictitious instrument, document, or other item
appearing, representing, purporting, or contriving through
scheme or artifice, to be an actual security or other financial
instrument issued under the authority of the United States, a
foreign government, a State or other political subdivision of
the United States, or an organization, shall be guilty of a
class B felony.
``(b) For purposes of this section, any term used in this
section that is defined in section 513(c) has the same meaning
given such term in section 513(c).
``(c) The United States Secret Service, in addition to any
other agency having such authority, shall have authority to
investigate offenses under this section.''.
(2) Technical amendment.--The analysis for chapter
25 of title 18, United States Code, is amended by
inserting after the item relating to section 513 the
following:
``514. Fictitious obligations.''.
(c) Period of Effect.--This section and the amendments made
by this section shall become effective on the date of enactment
of this Act and shall remain in effect during each fiscal year
following that date of enactment.
Sec. 649. None of the funds appropriated by this Act may be
used by an agency to provide a Federal employee's home address
to any labor organization except when it is made known to the
Federal official having authority to obligate or expend such
funds that the employee has authorized such disclosure or that
such disclosure has been ordered by a court of competent
jurisdiction.
Sec. 650. (a) No later than 45 days after the date of the
enactment of this Act, the Inspector General of each Federal
department or agency that uses administratively uncontrollable
overtime in the pay of any employee shall--
(1) conduct an audit on the use of administratively
uncontrollable overtime by employees of such department
or agency, which shall include--
(A) an examination of the policies, extent,
costs, and other relevant aspects of the use of
administratively uncontrollable overtime at the
department or agency; and
(B) a determination of whether the
eligibility criteria of the department or
agency and payment of administratively
uncontrollable overtime comply with Federal
statutory and regulatory requirements; and
(2) submit a report of the findings and conclusions
of such audit to--
(A) the Office of Personnel Management;
(B) the Governmental Affairs Committee of
the Senate; and
(C) the Government Reform and Oversight
Committee of the House of Representatives.
(b) No later than 30 days after the submission of the
report under subsection (a), the Office of Personnel Management
shall issue revised guidelines to all Federal departments and
agencies that--
(1) limit the use of administratively
uncontrollable overtime to employees meeting the
statutory intent of section 5545(c)(2) of title 5,
United States Code; and
(2) expressly prohibit the use of administratively
uncontrollable overtime for--
(A) customary or routine work duties; and
(B) work duties that are primarily
administrative in nature, or occur in
noncompelling circumstances.
Sec. 651. Notwithstanding section 8116 of title 5, United
States Code, and in addition to any payment made under 5 U.S.C.
8101 et seq., beginning in fiscal year 1997 and thereafter, the
head of any department or agency is authorized to pay from
appropriations made available to the department or agency a
death gratuity to the personal representative (as that term is
defined by applicable law) of a civilian employee of that
department or agency whose death resulted from an injury
sustained in the line of duty on or after August 2, 1990:
Provided, That payments made pursuant to this section, in
combination with the payments made pursuant to sections 8133(f)
and 8134(a) of such title 5 and section 312 of Public Law 103-
332 (108 Stat. 2537), may not exceed a total of $10,000 per
employee.
Sec. 653. (a) Authorization.--The Secretary of the Treasury
is authorized to establish scientific certification standards
for explosives detection canines, and shall provide, on a
reimbursable basis, for the certification of explosives
detection canines employed by Federal agencies, or other
agencies providing explosives detection services at airports in
the United States.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the purposes of this section.
Sec. 654. National Repository for Information on Explosives
Incidents and Arson.
(a) Section 846 of title 18, United States Code, is
amended by--
(1) designating the existing section as
subsection (a); and
(2) by adding the following new subsection
(b) to read as follows:
``(b) The Secretary is authorized to establish a
national repository of information on incidents
involving arson and the suspected criminal misuse of
explosives. All Federal agencies having information
concerning such incidents shall report the information
to the Secretary pursuant to such regulations as deemed
necessary to carry out the provisions of this
subsection. The repository shall also contain
information on incidents voluntarily reported to the
Secretary by State and local authorities.''.
(b) There is authorized to be appropriated such
sums as may be necessary to carry out the provisions of
this subsection.
Sec. 655. Section 5(c)(1) of Public Law 102-259 (20 U.S.C.
5603(c)(1)) is amended--
(1) in subparagraph (A)(iii), by striking ``and''
after the semicolon;
(2) in subparagraph (B), by striking the period and
inserting ``; and''; and
(3) by adding after subparagraph (B) the following:
``(C) a Trustee may serve after the expiration of
the Trustee's term until a successor has been
chosen.''.
Sec. 656. Notwithstanding any other provision of law, the
Secretary of the Interior, through the Bureau of Indian
Affairs, may directly transfer to Indian tribes in North and
South Dakota portable housing units at the Grand Forks Air
Force base in North Dakota which have been declared excess by
the Department of Defense and requested for transfer by the
Department of the Interior.
Sec. 657. Section 922(q) of title 18, United States Code,
is amended to read as follows:
``(q)(1) The Congress finds and declares that--
``(A) crime, particularly crime involving drugs and
guns, is a pervasive, nationwide problem;
``(B) crime at the local level is exacerbated by
the interstate movement of drugs, guns, and criminal
gangs;
``(C) firearms and ammunition move easily in
interstate commerce and have been found in increasing
numbers in and around schools, as documented in
numerous hearings in both the Committee on the
Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate;
``(D) in fact, even before the sale of a firearm,
the gun, its component parts, ammunition, and the raw
materials from which they are made have considerably
moved in interstate commerce;
``(E) while criminals freely move from State to
State, ordinary citizens and foreign visitors may fear
to travel to or through certain parts of the country
due to concern about violent crime and gun violence,
and parents may decline to send their children to
school for the same reason;
``(F) the occurrence of violent crime in school
zones has resulted in a decline in the quality of
education in our country;
``(G) this decline in the quality of education has
an adverse impact on interstate commerce and the
foreign commerce of the United States;
``(H) States, localities, and school systems find
it almost impossible to handle gun-related crime by
themselves--even States, localities, and school systems
that have made strong efforts to prevent, detect, and
punish gun-related crime find their efforts unavailing
due in part to the failure or inability of other States
or localities to take strong measures; and
``(I) the Congress has the power, under the
interstate commerce clause and other provisions of the
Constitution, to enact measures to ensure the integrity
and safety of the Nation's schools by enactment of this
subsection.
``(2)(A) It shall be unlawful for any individual knowingly
to possess a firearm that has moved in or that otherwise
affects interstate or foreign commerce at a place that the
individual knows, or has reasonable cause to believe, is a
school zone.
``(B) Subparagraph (A) does not apply to the possession of
a firearm--
``(i) on private property not part of school
grounds;
``(ii) if the individual possessing the firearm is
licensed to do so by the State in which the school zone
is located or a political subdivision of the State, and
the law of the State or political subdivision requires
that, before an individual obtains such a license, the
law enforcement authorities of the State or political
subdivision verify that the individual is qualified
under law to receive the license;
``(iii) that is--
``(I) not loaded; and
``(II) in a locked container, or a locked
firearms rack that is on a motor vehicle;
``(iv) by an individual for use in a program
approved by a school in the school zone;
``(v) by an individual in accordance with a
contract entered into between a school in the school
zone and the individual or an employer of the
individual;
``(vi) by a law enforcement officer acting in his
or her official capacity; or
``(vii) that is unloaded and is possessed by an
individual while traversing school premises for the
purpose of gaining access to public or private lands
open to hunting, if the entry on school premises is
authorized by school authorities.
``(3)(A) Except as provided in subparagraph (B), it shall
be unlawful for any person, knowingly or with reckless
disregard for the safety of another, to discharge or attempt to
discharge a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the person knows
is a school zone.
``(B) Subparagraph (A) does not apply to the discharge of a
firearm--
``(i) on private property not part of school
grounds;
``(ii) as part of a program approved by a school in
the school zone, by an individual who is participating
in the program;
``(iii) by an individual in accordance with a
contract entered into between a school in a school zone
and the individual or an employer of the individual; or
``(iv) by a law enforcement officer acting in his
or her official capacity.
``(4) Nothing in this subsection shall be construed as
preempting or preventing a State or local government from
enacting a statute establishing gun free school zones as
provided in this subsection.''.
SEC. 658. GUN BAN FOR INDIVIDUALS CONVICTED OF A MISDEMEANOR CRIME OF
DOMESTIC VIOLENCE.
(a) Definition.--Section 921(a) of title 18, United
States Code, is amended by adding at the end the following:
``(33)(A) Except as provided in subparagraph (C),
the term `misdemeanor crime of domestic violence' means
an offense that--
``(i) is a misdemeanor under Federal or
State law; and
``(ii) has, as an element, the use or
attempted use of physical force, or the
threatened use of a deadly weapon, committed by
a current or former spouse, parent, or guardian
of the victim, by a person with whom the victim
shares a child in common, by a person who is
cohabiting with or has cohabited with the
victim as a spouse, parent, or guardian, or by
a person similarly situated to a spouse,
parent, or guardian of the victim.
``(B)(i) A person shall not be considered to have
been convicted of such an offense for purposes of this
chapter, unless--
``(I) the person was represented by counsel
in the case, or knowingly and intelligently
waived the right to counsel in the case; and
(II) in the case of a prosecution for an
offense described in this paragraph for which a
person was entitled to a jury trial in the
jurisdiction in which the case was tried,
either
(aa) the case was tried by a jury,
or
(bb) the person knowingly and
intelligently waived the right to have
the case tried by a jury, by guilty
plea or otherwise.
``(ii) A person shall not be considered to have
been convicted of such an offense for purposes of this
chapter if the conviction has been expunged or set
aside, or is an offense for which the person has been
pardoned or has had civil rights restored (if the law
of the applicable jurisdiction provides for the loss of
civil rights under such an offense) unless the pardon,
expungement, or restoration of civil rights expressly
provides that the person may not ship, transport,
possess, or receive firearms.''.
(b)Prohibitions.--
(1) Section 922(d) of such title is amended--
(A) by striking ``or'' at the end of
paragraph (7);
(B) by striking the period at the end of
paragraph (8) and inserting ``; or''; and
(C) by inserting after paragraph (8) the
following:
``(9) has been convicted in any court of a
misdemeanor crime of domestic violence.''.
(2) Section 922(g) of such title is amended--
(A) by striking ``or'' at the end of
paragrph (7);
(B) by striking the comma at the end of
paragraph (8) and inserting ``; or''; and
(C) by inserting after paragraph (8) the
following:
``(9) who has been convicted in any court of a
misdemeanor crime of domestic violence,''.
(3) Section 922(s)(3)(B)(i) of such title is
amended by inserting ``, and has not been convicted in
any court of a misdemeanor crime of domestic violence''
before this semicolon.
(c) Government Entities Not Excepted.--Section 925(a)(1)
of such title is amended by inserting ``sections 922(d)(9) and
922(g)(9) and'' after ``except for''.
SEC. 659. THRIFT SAVINGS PLAN.
Title I--Additional Investment Funds for the Thrift Savings Plan
sec. 101. short title
This title may be cited as the ``Thrift Savings Investment
Funds Act of 1996''.
sec. 102. additional investment funds for the thrift savings plan
Section 8438 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (5) through
(8) as paragraphs (6) through (9),
respectively;
(B) by inserting after paragraph (4) the
following new paragraph:
``(5) the term `International Stock Index
Investment Fund' means the International Stock Index
Investment Fund established under subsection
(b)(1)(E);'';
(C) in paragraph (8) (as redesignated by
subparagraph (A) of this paragraph) by striking
out ``and'' at the end thereof;
(D) in paragraph (9) (as redesignated by
subparagraph (A) of this paragraph)--
(i) by striking out ``paragraph
(7)(D)'' in each place it appears and
inserting in each such place
``paragraph (8)(D)''; and
(ii) by striking out the period and
inserting in lieu thereof a semicolon
and ``and''; and
(E) by adding at the end thereof the
following new paragraph:
``(10) the term `Small Capitalization Stock Index
Investment Fund' means the Small Capitalization Stock
Index Investment Fund established under subsection
(b)(1)(D).''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B) by striking
out ``and'' at the end thereof;
(ii) in subparagraph (C) by
striking out the period and inserting
in lieu thereof a semicolon; and
(iii) by adding at the end thereof
the following new subparagraphs:
``(D) a Small Capitalization Stock Index
Investment Fund as provided in paragraph (3);
and
``(E) an International Stock Index
Investment Fund as provided in paragraph
(4).''; and
(B) by adding at the end thereof the
following new paragraphs:
``(3)(A) The Board shall select an index which is a
commonly recognized index comprised of common stock the
aggregate market value of which represents the United
States equity markets excluding the common stocks
included in the Common Stock Index Investment Fund.
``(B) The Small Capitalization Stock Index
Investment Fund shall be invested in a portfolio
designed to replicate the performance of the index in
subparagraph (A). The portfolio shall be designed such
that, to the extent practicable, the percentage of the
Small Capitalization Stock Index Investment Fund that
is invested in each stock is the same as the percentage
determined by dividing the aggregate market value of
all shares of that stock by the aggregate market value
of all shares of all stocks included in such index.
``(4)(A) The Board shall select an index which is a
commonly recognized index comprised of stock the
aggregate market value of which is a reasonably
complete representation of the international equity
markets excluding the United States equity markets.
``(B) The International Stock Index Investment Fund
shall be invested in a portfolio designed to replicate
the performance of the index in subparagraph (A). The
portfolio shall be designed such that, to the extent
practicable, the percentage of the International Stock
Index Investment Fund that is invested in each stock is
the same as the percentage determined by dividing the
aggregate market value of all shares of that stock by
the aggregate market value of all shares of all stocks
included in such index.''.
sec. 103. acknowledgement of investment risk
Section 8439(d) of title 5, United States Code, is amended
by striking out ``Each employee, Member, former employee, or
former Member who elects to invest in the Common Stock Index
Investment Fund or the Fixed Income Investment Fund described
in paragraphs (1) and (3),'' and inserting in lieu thereof
``Each employee, Member, former employee, or former Member who
elects to invest in the Common Stock Index Investment Fund, the
Fixed Income Investment Fund, the International Stock Index
Investment Fund, or the Small Capitalization Stock Index
Investment Fund, defined in paragraphs (1), (3), (5), and
(10),''.
sec. 104. effective date
This title shall take effect on the date of enactment of
this Act, and the Funds established under this title shall be
offered for investment at the earliest practicable election
period (described in section 8432(b) of title 5, United States
Code) as determined by the Executive Director in regulations.
Title II--Thrift Savings Accounts Liquidity
sec. 201. short title
This title may be cited as the ``Thrift Savings Plan Act of
1996''.
sec. 202. notice to spouses for in-service withdrawals; de minimus
accounts; civil service retirement system participants
Section 8351(b) of title 5, United States Code, is
amended--
(1) in paragraph (5)--
(A) in subparagraph (B)--
(i) by striking out ``An election,
change of election, or modification
(relating to the commencement date of a
deferred annuity)'' and inserting in
lieu thereof ``An election or change of
election'';
(ii) by inserting ``or withdrawal''
after ``and a loan'';
(iii) by inserting ``and (h)''
after ``8433(g)'';
(iv) by striking out ``the
election, change of election, or
modification'' and inserting in lieu
thereof ``the election or change of
election''; and
(v) by inserting ``or withdrawal''
after ``for such loan''; and
(B) in subparagraph (D)--
(i) by inserting ``or withdrawals''
after ``of loans''; and
(ii) by inserting ``or (h)'' after
``8433(g)''; and
(2) in paragraph (6)--
(A) by striking out ``$3,500 or less'' and
inserting in lieu thereof ``less than an amount
that the Executive Director prescribes by
regulation''; and
(B) by striking out ``unless the employee
or Member elects, at such time and otherwise in
such manner as the Executive Director
prescribes, one of the options available under
subsection (b)''.
sec. 203. in-service withdrawals; withdrawal elections, federal
employees retirement system participants
(a) In General.--Section 8433 of title 5, United States
Code, is amended--
(1) by striking out subsections (b) and (c) and
inserting in lieu thereof the following:
``(b) Subject to section 8435 of this title, any employee
or Member who separates from Government employment is entitled
and may elect to withdraw from the Thrift Savings Fund the
balance of the employee's or Member's account as--
``(1) an annuity;
``(2) a single payment;
``(3) 2 or more substantially equal payments to be
made not less frequently than annually; or
``(4) any combination of payments as provided under
paragraphs (1) through (3) as the Executive Director
may prescribe by regulation.
``(c)(1) In addition to the right provided under subsection
(b) to withdraw the balance of the account, an employee or
Member who separates from Government service and who has not
made a withdrawal under subsection (h)(1)(A) may make one
withdrawal of any amount as a single payment in accordance with
subsection (b)(2) from the employee's or Member's account.
``(2) An employee or Member may request that the amount
withdrawn from the Thrift Savings Fund in accordance with
subsection (b)(2) be transferred to an eligible retirement
plan.
``(3) The Executive Director shall make each transfer
elected under paragraph (2) directly to an eligible retirement
plan or plans (as defined in section 402(c)(8) of the Internal
Revenue Code of 1986) identified by the employee, Member,
former employee, or former Member for whom the transfer is
made.
``(4) A transfer may not be made for an employee, Member,
former employee, or former Member under paragraph (2) until the
Executive Director receives from that individual the
information required by the Executive Director specifically to
identify the eligible retirement plan or plans to which the
transfer is to be made.'';
(2) in subsection (d)--
(A) in paragraph (1) by striking out
``Subject to paragraph (3)(A)'' and inserting
in lieu thereof ``Subject to paragraph (3)'';
(B) by striking out paragraph (2) and
redesignating paragraph (3) as paragraph (2);
and
(C) in paragraph (2) (as redesignated under
subparagraph (B) of this paragraph)--
(i) in subparagraph (A) by striking
out ``(A) by striking out ``(A)''; and
(ii) by striking out subparagraph
(B);
(3) in subsection (f)(1)--
(A) by striking out ``$3,500 or less'' and
inserting in lieu thereof ``less than an amount
that the Executive Director prescribes by
regulation; and
(B) by striking out ``unless the employee
or Member elects, at such time and otherwise in
such manner as the Executive Director
prescribes, one of the options available under
subsection (b), or'' and inserting a comma;
(4) in subsection (f)(2)--
(A) by striking out ``February 1'' and
inserting in lieu thereof ``April 1'';
(B) in subparagraph (A)--
(i) by striking out ``65'' and
inserting in lieu thereof ``70\1/2\'';
and
(ii) by inserting ``or'' after the
semicolon;
(C) by striking out subparagraph (B); and
(D) by redesignating subparagraph (C) as
subparagraph (B);
(5) in subsection (g)--
(A) in paragraph (1) by striking out
``after December 31, 1987, and'', and by adding
at the end of the paragraph the following
sentence: ``Before a loan is issued, the
Executive Director shall provide in writing the
employee or Member with appropriate information
concerning the cost of the loan relative to
other sources of financing, as well as the
lifetime cost of the loan, including the
difference in interest rates between the funds
offered by the Thrift Savings Fund, and any
other effect of such loan on the employee's or
Member's final account balance.''; and
(B) by striking out paragraph (2) and
redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively; and
(6) by adding after subsection (g) the following
new subsection:
``(h)(1) An employee or Member may apply, before
separation, to the Board for permission to withdraw an amount
from the employee's or Member's account based upon--
``(A) the employee or Member having attained age
59\1/2\; or
``(B) financial hardship.
``(2) A withdrawal under paragraph (1)(A) shall be
available to each eligible participant one time only.
``(3) A withdrawal under paragraph (1)(B) shall be
available only for an amount not exceeding the value of that
portion of such account which is attributable to contributions
made by the employee or Member under section 8432(a) of this
title.
``(4) Withdrawals under paragraph (1) shall be subject to
such other conditions as the Executive Director may prescribe
by regulation.
``(5) A withdrawal may not be made under this subsection
unless the requirements of section 8435(e) of this title are
satisfied.''.
(b) Invalidity of Certain Prior Elections.--Any election
made under section 8433(b)(2) of title 5, United States Code
(as in effect before the effective date of this title), with
respect to an annuity which has not commenced before the
implementation date of this title as provided by regulation by
the Executive Director in accordance with section 207 of this
title, shall be invalid.
sec. 204. survivor annuities for former spouses; notice to federal
employees retirement system spouses for in-service withdrawals
Section 8435 of title 5, United States Code, is amended--
(1) in subsection (a)(1)(A)--
(A) by striking out ``may make an election
under subsection (b)(3) or (b)(4) or section
8433 of this title or change an election
previously made under subsection (b)(1) or
(b)(2) of such section'' and inserting in lieu
thereof ``may withdraw all or part of a Thrift
Savings Fund account under subsection (b) (2),
(3), or (4) of section 8433 of this title or
change a withdrawal election''; and
(B) by adding at the end thereof ``A
married employee or Member (or former employee
or Member) may make a withdrawal from a Thrift
Savings Fund account under subsection (c)(1) of
section 8433 of this title only if the employee
or Member (or former employee or Member)
satisfies the requirements of subparagraph
(B).'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking out ``An election,
change of election, or modification of
the commencement date of a deferred
annuity'' and inserting in lieu thereof
``An election or change of election'';
and
(ii) by striking out ``modification, or transfer''
and inserting in lieu thereof ``or transfer''; and
(B) in paragraph (2) in the matter
following subparagraph (B)(ii) by striking out
``modification,'';
(3) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by inserting ``or
withdrawal'' after ``A loan;'';
(II) by inserting ``and
(h)'' after ``8433(g)''; and
(III) by inserting ``or
withdrawal'' after ``such
loan'';
(ii) in subparagraph (B) by
inserting ``or withdrawal'' after
``loan''; and
(iii) in subparagraph (C)--
(I) by inserting ``or
withdrawal'' after ``to a
loan''; and
(II) by inserting ``or
withdrawal'' after ``for such
loan''; and
(B) in paragraph (2)--
(i) by inserting ``or withdrawal''
after ``loan''; and
(ii) by inserting ``and (h)'' after
``8344(g)''; and
(4) in subsection (g)--
(A) by inserting ``or withdrawals'' after
``loans''; and
(B) by inserting ``and (h)'' after
``8344(g)''.
sec. 205. de minimus accounts relating to the judiciary
(a) Justices and Judges.--Section 8440a(b)(7) of title 5,
United States Code, is amended--
(1) by striking out ``$3,500 or less'' and
inserting in lieu thereof ``less than an amount that
the Executive Director prescribes by regulation''; and
(2) by striking out ``unless the justice or judge
elects, at such time and otherwise in such manner as
the Executive Director prescribes, one of the options
available under section 8433(b)''.
(b) Bankruptcy Judges and Magistrates.--Section 8440b(b)
of title 5, United States Code, is amended--
(1) in paragraph (7) in the first sentence by
inserting ``of the distribution'' after ``equal to the
amount''; and
(2) in paragraph (8)--
(A) by striking out ``$3,500 or less'' and
inserting in lieu thereof ``less than an amount
that the Executive Director prescribes by
regulation''; and
(B) by striking out ``unless the bankruptcy
judge or magistrate elects, at such time and
otherwise in such manner as the Executive
Director prescribes, one of the options
available under subsection (b)''.
(c) Federal Claims Judges.--Section 8440c(b) of title 5,
United States Code, is amended--
(1) in paragraph (7) in the first sentence by
inserting ``of the distribution'' after ``equal to the
amount''; and
(2) in paragraph (8)--
(A) by striking out ``$3,500 or less'' and
inserting in lieu thereof ``less than an amount
that the Executive Director prescribes by
regulation''; and
(B) by striking out ``unless the judge
elects, at such time and otherwise in such
manner as the Executive Director prescribes,
one of the options available under section
8433(b)''.
sec. 206. definition of basic pay
(a) In General.--(1) Section 8401(4) of title 5, United
States Code, is amended by striking out ``except as provided in
subchapter III of this chapter,''.
(2) Section 8431 of title 5, United States Code, is
repealed.
(b) Technical and Conforming Amendments.--(1) The table
of sections for chapter 84 of title 5, United States Code, is
amended by striking out the item relating to section 8431.
(2) Section 5545a(h)(2)(A) of title 5, United States
Code, is amended by striking out ``8431,''.
(3) Section 615(f) of the Treasury, Postal Service, and
General Government Appropriations Act, 1996 (Public Law 104-52;
109 Stat. 500; 5 U.S.C. 5343 note) is amended by striking out
``section 8431 of title 5, United States Code,''.
sec. 207. effective date
This title shall take effect on the date of the enactment
of this Act and withdrawals and elections as provided under the
amendments made by this title shall be made at the earliest
practicable date as determined by the Executive Director in
regulations.
Sec. 660. Notwithstanding Section 613, interagency
financing is authorized to carry out the purposes of the
National Bioethics Advisory Commission.
Sec. 661. (a) Designation.--The United States courthouse
to be constructed at 111 South 18th Plaza, Omaha, Nebraska,
shall be known and designated as the ``Roman L. Hruska United
States Courthouse''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
United States courthouse referred to in section 1 shall be
deemed to be a reference to the ``Roman L. Hruska United States
Courthouse''.
Sec. 662. (a) Provisions Relating to Title 39, United
States Code.--
``(1) Appointment and removal of inspector
general.--Section 202 of title 39, United States Code,
is amended by adding at the end the following:
``(e)(1) The Governors shall appoint and shall have the
power to remove the Inspector General.
``(2) The Inspector General shall be appointed--
``(A) for a term of 7 years;
``(B) without regard to political affiliation; and
``(C) solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public
administration, or investigations.
``(3) The Inspector General may at any time be removed
upon the written concurrence of at least 7 Governors, but only
for cause. Nothing in this subsection shall be considered to
exempt the Governors from the requirements of section 8G(e) of
the Inspector General Act of 1978.''.
(2) Definition.--Section 102 of title 39, United
States Code, is amended--
(A) by striking ``and'' at the end of
paragraph (2);
(B) by striking the period at the end of
paragraph (3) and inserting ``; and''; and
(C) by adding at the end the following:
``(4) `Inspector General' means the Inspector
General appointed under section 202(e) of this
title.''.
(3) Separate item in annual budget.--For purposes
of the fifth sentence of section 2009 of title 39,
United States Code, the operations of the Office of
Inspector General of the United States Postal Service
shall be considered a major type of activity.
(b) Amendments to the Inspector General Act of 1978.--
(1) Governors as head of the postal service.--
Section 8G(a)(4) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by striking ``except that''
and all that follows through the semicolon and
inserting ``except that--
``(A) with respect to the National Science
Foundation, such term means the National
Science Board; and
``(B) with respect to the United States
Postal Service, such term means the Governors
(within the meaning of section 102(3) of title
39, United States Code);''.
(2) Special rules relating to the united states
postal service.--Subsection (f) of section 8G of such
Act is amended to read as follows:
``(f)(1) For purposes of carrying out subsection (c) with
respect to the United States Postal Service, the appointment
provisions of section 202(e) of title 39, United States Code,
shall be applied.
``(2) In carrying out the duties and responsibilities
specified in this Act, the Inspector General of the United
States Postal Service (hereinafter in this subsection referred
to as the `Inspector General') shall have oversight
responsibility for all activities of the Postal Inspection
Service, including any internal investigation performed by the
Postal Inspection Service. The Chief Postal Inspector shall
promptly report the significant activities being carried out by
the Postal Inspection Service to such Inspector General.
``(3)(A)(i) Notwithstanding subsection (d), the Inspector
General shall be under the authority, direction, and control of
the Governors with respect to audits or investigations, or the
issuance of subpoenas, which require access to sensitive
information concerning--
``(I) ongoing civil or criminal investigations or
proceedings;
``(II) undercover operations;
``(III) the identity of confidential sources,
including protected witnesses;
``(IV) intelligence or counterintelligence matters;
or
``(V) other matters the disclosure of which would
constitute a serious threat to national security.
``(ii) With respect to the information described under
clause (i), the Governors may prohibit the Inspector General
from carrying out or completing any audit or investigation, or
from issuing any subpoena, after such Inspector General has
decided to initiate, carry out, or complete such audit or
investigation or to issue such subpoena, if the Governors
determine that such prohibition is necessary to prevent the
disclosure of any information described under clause (i) or to
prevent the significant impairment to the national interests of
the United States.
``(iii) If the Governors exercise any power under clause
(i) or (ii), the Governors shall notify the Inspector General
in writing stating the reasons for such exercise. Within 30
days after receipt of any such notice, the Inspector General
shall transmit a copy of such notice to the Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of
Representatives, and to other appropriate committees or
subcommittees of the Congress.
``(B) In carrying out the duties and responsibilities
specified in this Act, the Inspector General--
``(i) may initiate, conduct and supervise such
audits and investigations in the United States Postal
Service as the Inspector General considers appropriate;
and
``(ii) shall give particular regard to the
activities of the Postal Inspection Service with a view
toward avoiding duplication and insuring effective
coordination and cooperation.
``(C) Any report required to be transmitted by the
Governors to the appropriate committees or subcommittees of the
Congress under section 5(d) shall also be transmitted, within
the seven-day period specified under such section, to the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform and Oversight of the House of
Representatives.
``(3) Nothing in this Act shall restrict, eliminate, or
otherwise adversely affect any of the rights, privileges,
orbenefits of either employees of the United States Postal Service, or
labor organizations representing employees of the United States Postal
Service, under chapter 12 of title 39, United States Code, the National
Labor Relations Act, any handbook or manual affecting employee labor
relations with the United States Postal Service, or any collective
bargaining agreement.
``(4) As used in this subsection, the term `Governors'
has the meaning given such term by section 102(3) of title 39,
United States Code.''.
(3) Technical correction.--The Inspector General
Act of 1978 is amended by redesignating the second
section which is designated as section 8G as section
8H.
(c) Provisions Relating to Compensation.--
(1) Inspector general.--Section 5315 of title 5,
United States Code, is amended by adding at the end the
following:
``Inspector General, United States Postal
Service.''.
The amendment made by the preceding sentence shall apply
notwithstanding section 410 or any other provision of title 39,
United States Code.
(2) Officers and employees of the office of
inspector general of the united states postal service;
postal inspectors.--
(A) In general.--Sectin 1003 of title 39,
United States Code, is amended--
(i) by redesignating subsection (b)
as subsection (d); and
(ii) by inserting after subsection
(a) the following:
``(b) Compensation and benefits for all officers and
employees serving in or under the Office of Inspector General
of the United States Postal Service shall be maintained on a
standard of comparability to the compensation and benefits paid
for comparable levels of work in the respective Offices of
Inspector General of the various establishments named in
section 11(2) of the Inspector General Act of 1978.
``(c) Compensation and benefits for all Postal Inspectors
shall be maintained on a standard of comparability to the
compensation and benefits paid for comparable levels of work in
the executive branch of the Government outside of the Postal
Service. As used in this subsection, the term `Postal
Inspector' included any agent to whom any investigative powers
are granted under section 3061 of title 18.''.
(B) Conforming amendment.--The first
sentence of section 1003(a) of title 39, United
States Code, is amended by striking ``chapters
2 and 12 of this title'' and inserting
``chapters 2 and 12 of this title, section 8G
of the Inspector General Act of 1978,''.
(d) Strategic Plans.--
(1) Office of inspector general of the united
states postal service.--
(A) In general.--Strategic plans shall be
prepared under this paragraph addressing
staffing requirements, general goals and
objectives for major functions and operations
of the Office of Inspector General of the
United States Postal Service, and how goals and
objectives of the Office are to be achieved,
including a description of operational
processes, skills and technology, and the
human, capital, information, and other
resources required to meet those goals and
objectives.
(B) Specific requirements.--Plans under
this paragraph--
(i) shall be prepared by the
Inspector General of the United States
Postal Service;
(ii) shall each cover a 5-year
period (the beginning and ending dates
of which shall be specified in each
such plan); and
(iii) shall be included, as part of
the annual budget required under
section 2009 of title 39, United States
Code, at least every 3 years.
(C) First submission.--The first plan under
this paragraph shall be prepared in time to be
included with the annual budget under section
2009 of title 39, United States Code, next due
to be submitted after the end of the 6-month
period beginning on the date of the appointment
of the first Inspector General to be appointed
pursuant to the amendments made by this
section.
(2) Postal inspection service.--The Chief Postal
Inspector shall, with respect to the Postal Inspection
Service, prepare a strategic plan similar in content to
that required under paragraph (1)(A) with respect to
the Office of Inspector General of the United States
Postal Service. Such plan shall be prepared in time to
be included with the annual budget under section 2009
of such title 39 next due to be submitted after the end
of the 30-day period beginning on the date of the
enactment of this Act.
(e) First Appointment; Transfers; Transition Provision.--
(1) First appointment.--The first Inspector General
of the United States Postal Service appointed pursuant
to the amendments made by this section shall be
appointed before the end of the 90-day period beginning
on the date of the enactment of this Act.
(2) Transfers.--
(A) In general.--All measures described in
section 8G(b) of the Inspector General Act of
1978 necessary to establish an Office of
Inspector General within the United States
Postal Service pursuant to this section,
including all appropriate transfers, shall
occur--
(i) no earlier than the date the appointment under
paragraph (1) is made; and
(ii) no later than 60 days after the date the appointment
under paragraph (1) is made.
(B) Provisions relating to personnel.--
(i) Consultation.--Decisions concerning which personnel
are to be transferred pursuant to subparagraph (A) shall be
made by the Governors (within the meaning of section 102(3) of
title 39, United States Code) in consultation with the
Inspector General appointed under paragraph (1).
(ii) Transferred personnel.--Personnel transferred
pursuant to subparagraph (A) shall, to the extent not
inconsistent with other provisions of this subsection, be
transferred in accordance with applicable laws and regulations
relating to the transfer of functions within the United States
Postal Service, except that, notwithstanding any provision of
section 1003(b) of title 39, United States Code, as amended by
this section, the classification and compensation of such
personnel shall not be reduced, by reason of having been
transferred, for 1 year after being so transferred.
(3) Transition provision.--The Chief Postal
Inspector may continue to serve as Inspector General of
the United States Postal Service until the date on
which an Inspector General is appointed under paragraph
(1) or, if earlier, the end of the period referred to
in such paragraph. Compensation for any service under
this paragraph shall be determined as if this section
had not been enacted.
(f) Technical and Conforming Amendments.--
(1) Section 410(b) of title 39, United States Code,
is amended--
(A) by striking ``and'' at the end of
paragraph (9); and
(B) by amending paragraph (10) to read as
follows:
``(10) the Inspector General Act of 1978; and''
(2)(A) Section 204 of such title 39 is amended--
(i) by amending the section heading to read as follows:
Sec. 204. General Counsel; Judicial Officer; Chief Postal Inspector'';
(ii) in the first sentence by striking ``and a Judicial
Officer.'' and inserting ``a Judicial Officer, and a Chief
Postal Inspector.'';
(iii) in the second sentence by striking ``and the
Judicial Officer'' and inserting ``the Judicial Officer, and
the Chief Postal Inspector''; and
(iv) by adding at the end the following: ``The Chief
Postal Inspector shall report to, and be under the general
supervision of, the Postmaster General. The Postmaster General
shall promptly notify the Governors and both Houses of Congress
in writing if he or she removes the Chief Postal Inspector or
transfers the Chief Postal Inspector to another position or
location within the Postal Service, and shall include in any
such notification the reasons for the removal or transfer.''.
(B) The table of sections for chapter 2 of such
title 39 is amended by striking the item relating to
section 204 and inserting the following:
``204. General Counsel; Judicial Officer; Chief Postal Inspector.''.
Sec. 663. Voluntary Separation Incentives for Employees
of Certain Federal Agencies.--(a) Definitions.--For the
purposes of this section--
(1) the term ``agency'' means any Executive agency
(as defined in section 105 of title 5, United States
Code), other than an Executive agency (except an agency
receiving such authority in the Department of
Transportation Appropriations Act, 1997) that is
authorized by any other provision of this Act or any
other Act to provide voluntary separation incentive
payments during all, or any part of, fiscal year 1997;
and
(2) the term ``employee'' means an employee (as
defined by section 2105 of title 5, United States Code)
who is employed by an agency, is serving under an
appointment without time limitation, and has been
currently employed for a continuous period of at least
3 years, but does not include--
(A) a reemployed annuitant under subchapter
III of chapter 83 or chapter 84 of title 5,
United States Code, or another retirement
system for employees of the agency;
(B) an employee having a disability on the
basis of which such employee is or would be
eligible for disability retirement under
subchapter III of chapter 83 or chapter 84 of
title 5, United States Code, or another
retirement system for employees of the agency;
(C) an employee who is in receipt of a
specific notice of involuntary separation for
misconduct or unacceptable performance;
(D) an employee who, upon completing an
additional period of service as referred to in
section 3(b)(2)(B)(ii) of the Federal Workforce
Restructuring Act of 1994 (5 U.S.C. 5597 note),
would qualify for a voluntary separation
incentive payment under section 3 of such Act;
(E) an employee who has previously received
any voluntary separation incentive payment by
the Federal Government under this section or
any other authority and has not repaid such
payment;
(F) an employee covered by statutory
reemployment rights who is on transfer to
another organization; or
(G) any employee who, during the twenty
four month period preceding the date of
separation, has received a recruitment or
relocation bonus under section 5753 of title 5,
United States Code, or who, within the twelve
month period preceding the date of separation,
received a retention allowance under section
5754 of title 5, United States Code.
(b) Agency Strategic Plan.--
(1) In general.--The head of each agency, prior to
obligating any resources for voluntary separation
incentive payments, shall submit to the House and
Senate Committees on Appropriations and the Committee
on Governmental Affairs of the Senate and the Committee
on Government Reform and Oversight of the House of
Representatives a strategic plan outlining the intended
use of such incentive payments and a proposed
organizational chart for the agency once such incentive
payments have been completed.
(2) Contents.--The agency's plan shall include--
(A) the positions and functions to be
reduced or eliminated, identified by
organizational unit, geographic location,
occupational category and grade level;
(B) the number and amounts of voluntary
separation incentive payments to be offered;
and
(C) a description of how the agency will
operate without the eliminated positions and
functions.
(c) Authority To Provide Voluntary Separation Incentive
Payments.--
(1) In general.--A voluntary separation incentive
payment under this section may be paid by an agency to
any employee only to the extent necessary to eliminate
the positions and functions identified by the strategic
plan.
(2) Amount and treatment of payments.--A voluntary
separation incentive payment--
(A) shall be paid in a lump sum after the
employee's separation;
(B) shall be paid from appropriations or
funds available for the payment of the basic
pay of the employees;
(C) shall be equal to the lesser of--
(i) an amount equal to the amount
the employee would be entitled to
receive under section 5595(c) of title
5, United States Code; or
(ii) an amount determined by the
agency head not to exceed $25,000;
(D) may not be made except in the case of
any qualifying employee who voluntarily
separates (whether by retirement or
resignation) before December 31, 1997;
(E) shall not be a basis for payment, and
shall not be included in the computation, of
any other type of Government benefit; and
(F) shall not be taken into account in
determining the amount of any severance pay to
which the employee may be entitled under
section 5595 of title 5, United States Code,
based on any other separation.
(d) Additional Agency Contributions to the Retirement
Fund.--
(1) In general.--In addition to any other payments
which it is required to make under subchapter III of
chapter 83 of title 5, United States Code, an agency
shall remit to the Office of Personnel Management for
deposit in the Treasury of the United States to the
credit of the Civil Service Retirement and Disability
Fund an amount equal to 15 percent of the final basic
pay of each employee of the agency who is covered under
subchapter III of chapter 83 or chapter 84 of title 5,
United States Code, to whom a voluntary separation
incentive has been paid under this section.
(2) Definition.--For the purpose of paragraph (1),
the term ``final basic pay'', with respect to an
employee, means the total amount of basic pay which
would be payable for a year of service by such
employee, computed using the employee's final rate of
basic pay, and, if last serving on other than a full-
time basis, with appropriate adjustment therefor.
(e) Effect of Subsequent Employment With the
Government.--An individual who has received a voluntary
separation incentive payment under this section and accepts any
employment for compensation with the Government of the United
States, or who works for any agency of the United States
Government through a personal services contract, within 5 years
after the date of the separation on which the payment is based
shall be required to pay, prior to the individual's first day
of employment, the entire amount of the incentive payment to
the agency that paid the incentive payment.
(f) Reduction of Agency Employment Levels.--
(1) In general.--The total number of funded
employee positions in the agency shall be reduced by
one position for each vacancy created by the separation
of any employee who has received, or is due to receive,
a voluntary separation incentive payment under this
section. For the purposes of this subsection, positions
shall be counted on a full-time equivalent basis.
(2) Enforcement.--The President, through the Office
of Management and Budget, shall monitor the agency and
take any action necessary to ensure that the
requirements of this subsection are met.
(g) Effective Date.--This section shall take effect
October 1, 1996.
SEC. 664. ELECTRONIC BENEFIT TRANSFER PILOT.
Title 31, United States Code, is amended by inserting
after section 3335 the following new section:
``Sec. 3336. Electronic benefit transfer pilot
``(a) The Congress finds that:
``(1) Electronic benefit transfer (EBT) is a safe,
reliable, and economical way to provide benefit
payments to individuals who do not have an account at a
financial institution.
``(2) The designation of financial institutions as
financial agents of the Federal Government for EBT is
an appropriate and reasonable use of the Secretary's
authority to designate financial agents.
``(3) A joint federal-state EBT system offers
convenience and economies of scale for those states
(and their citizens) that wish to deliver state-
administered benefits on a single card by entering into
a partnership with the federal government.
``(4) The Secretary's designation of a financial
agent to deliver EBT is a specialized service not
available through ordinary business channels and may be
offered to the states pursuant to section 6501 et seq.
of this title.
``(b) The Secretary shall continue to carry out the
existing EBT pilot to disburse benefit payments electronically
to recipients who do not have an account at a financial
institution, which shall include the designation of one or more
financial institutions as a financial agent of the Government,
and the offering to the participating states of the opportunity
to contract with the financial agent selected by the Secretary,
as described in the Invitation for Expressions of Interest to
Acquire EBT Services for the Southern Alliance of States dated
March 9, 1995, as amended as of June 30, 1995, July 7, 1995,
and August 1, 1995.
``(c) The selection and designation of financial agents,
the design of the pilot program, and any other matter
associated with or related to the EBT pilot described in
subsection (b) shall not be subject to judicial review.''
SEC. 665. DESIGNATION OF FINANCIAL AGENTS.
1. 12 U.S.C. 90 is amended by adding at the end thereof
the following:
``Notwithstanding the Federal Property and Administrative
Services Act of 1949, as amended, the Secretary may select
associations as financial agents in accordance with any process
the Secretary deems appropriate and their reasonable duties may
include the provision of electronic benefit transfer services
(including State-administered benefits with the consent of the
States), as defined by the Secretary.''.
2. Make conforming amendments to 12 U.S.C. 265, 266, 391,
1452(d), 1767, 1789a, 2013, 2122 and to 31 U.S.C. 3122 and
3303.
TITLE VII--COUNTER-TERRORISM AND DRUG LAW ENFORCEMENT
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For an additional amount for the necessary expenses of
the Office of Foreign Assets Control, $288,000: Provided, That
of the amount provided, $288,000 is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
Office of Inspector General
salaries and expenses
For an additional amount for the necessary expenses of
the Office of Inspector General, $34,000, to remain available
until expended: Provided, That of the amount provided, $34,000
is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
counter-terrorism fund
For necessary expenses, as determined by the Secretary,
$15,000,000, to remain available until expended, to reimburse
any Department of the Treasury organization for the costs of
providing support to counter, investigate, or prosecute
terrorism, including payment of rewards in connection with
these activities: Provided, That the entire amount of this
appropriation shall be available only to the extent that an
official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to Congress: Provided further, That the entire amount
is designated by Congress as an emergency appropriation
pursuant to section 251(b)(2)(D)(i) of such Act.
Federal Law Enforcement Training Center
salaries and expenses
For an additional amount for the necessary expenses of
the Federal Law Enforcement Training Center, $1,354,000, to
remain available until expended: Provided, That of the amount
provided, $1,354,000 is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
acquisition, construction, improvement, and related expenses
For an additional amount for the necessary expenses for
the acquisition, construction, improvement, and related
expenses, $2,700,000, to remain available until expended:
Provided, That of the amount provided, $2,700,00 is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Financial Management Service
salaries and expenses
For an additional amount for the necessary expenses of
the Financial Management Service, $449,000, to remain available
until expended: Provided, That of the amount provided, $449,000
is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Bureau of Alcohol, Tobacco and Firearms
salaries and expenses
For an additional amount for the necessary expenses of
the Bureau of Alcohol, Tobacco and Firearms, $66,423,000; of
which $3,500,000 shall be available for the construction and
expansion of a canine training facility, to remain available
until expended, of which $3,000,000 shall be available for
conducting a study of car bomb explosives, to remain available
until expended; and of which $6,700,000, to remain available
until expended, for relocation of the Bureau's headquarters
building and laboratory facilities: Provided, That of the
amount provided, $66,423,000 is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
United States Customs Service
salaries and expenses
For an additional amount for the necessary expense of the
United States Customs Service, $62,335,000; of which not to
exceed $26,400,000 shall be available until expended for
funding non-competitive cooperative agreements with air
carriers, airports, or other cargo authorities, which provide
for the Customs Service to purchase and assist in installing
advanced air cargo inspection equipment for the joint use of
such entities and the United States Customs Service: Provided,
That of the amount provided, $62,335,000 is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Internal Revenue Service
processing, assistance and management
For an additional amount for the necessary expenses for
the processing, assistance and management, $10,488,000, to
remain available until expended: Provided, That of the amount
provided, $10,488,000 is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
United States Secret Service,
salaries and expenses
For an additional amount for the necessary expenses of
the United States Secret Service $3,026,000, to remain
available until expended: Provided, That of the amount
provided, $3,026,000 is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
INDEPENDENT AGENCIES
Office of Personnel Management
salaries and expenses
For an additional amount for the necessary expenses of
the Office of Personnel Management $210,000, to remain
available until expended: Provided, That of the amount
provided, $210,000 is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
FUNDS APPROPRIATED TO THE PRESIDENT
Federal Drug Control Programs
special forfeiture fund
(including transfer of funds)
For activities authorized by Public Law 100-690, as
amended, $112,900,000, of which $42,000,000 shall be
transferred to the United States Customs Service for the
conversion of one P-3AEW aircraft for the air interdiction
program; of which $10,000,000 shall be available for transfer
to other Federal agencies for methamphetamine reduction
efforts; and of which $60,900,000 shall be available to the
Director of the Office of National Drug Control Policy for
enhancing other drug control activities, including transfer to
other Federal agencies: Provided, That of the amount provided,
$112,900,000 is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended to
become available only upon receipt by the Congress of a
supplemental request from the President requesting such
designation.
TITLE VIII--FEDERAL FINANCIAL MANAGEMENT IMPROVEMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Federal Financial
Management Improvement Act of 1996.''
SEC. 802. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Much effort has been devoted to strengthening
Federal internal accounting controls in the past.
Although progress has been made in recent years,
Federal accounting standards have not been uniformly
implemented in financial management systems for
agencies.
(2) Federal financial management continues to be
seriously deficient, and Federal financial management
and fiscal practices have failed to--
(A) identify costs fully;
(B) reflect the total liabilities of
congressional actions; and
(C) accurately report the financial
condition of the Federal Government.
(3) Current Federal accounting practices do not
accurately report financial results of the Federal
Government or the full costs of programs and
activities. The continued use of these practices
undermines the Government's ability to provide credible
and reliable financial data and encourages already
widespread Government waste, and will not assist in
achieving abalanced budget.
(4) Waste and inefficiency in the Federal
Government undermine the confidence of the American
people in the government and reduce the federal
Government's ability to address vital public needs
adequately.
(5) To rebuild the accountability and credibility
of the Federal Government, and restore public
confidence in the Federal Government, agencies must
incorporate accounting standards and reporting
objectives established for the Federal Government into
their financial management systems so that all the
assets and liabilities, revenues, and expenditures or
expenses, and the full costs of programs and activities
of the Federal Government can be consistently and
accurately recorded, monitored, and uniformly reported
throughout the Federal Government.
(6) Since its establishment in October 1990, the
Federal Accounting Standards Advisory Board
(hereinafter referred to as the ``FASAB'') has made
substantial progress toward developing and recommending
a comprehensive set of accounting concepts and
standards for the Federal Government. When the
accounting concepts and standards developed by FASB are
incorporated into Federal financial management systems,
agencies will be able to provide cost and financial
information that will assist the Congress and financial
managers to evaluate the cost and performance of
Federal programs and activities, and will therefore
provide important information that has been lacking,
but is needed for improved decision making by financial
managers and the Congress.
(7) The development of financial management systems
with the capacity to support these standards and
concepts will, over the long term, improve Federal
financial management.
(b) Purpose.--The purposes of this Act are to--
(1) provide for consistency of accounting by an
agency from one fiscal year to the next, and uniform
accounting standards throughout the Federal Government;
(2) require Federal financial management systems to
support full disclosure of Federal financial data,
including the full costs of Federal programs and
activities, to the citizens, the Congress, the
President, and agency management, so that programs and
activities can be considered based on their full costs
and merits;
(3) increase the accountability and credibility of
federal financial management;
(4) improve performance, productivity and
efficiency of Federal Government financial management;
(5) establish financial management systems to
support controlling the cost of Federal Government;
(6) build upon and complement the Chief Financial
Officers Act of 1990 (Public Law 101-576; 104 Stat.
2838), the Government Performance and Results Act of
1993 (Public Law 103-62; 107 Stat. 285) and the
Government Management Reform Act of 1994 (Public Law
103-356; 108 Stat. 3410); and
(7) increase the capability of agencies to monitor
execution of the budget by more readily permitting
reports that compare spending of resources to results
of activities.
SEC. 803 IMPLEMENTATION OF FEDERAL FINANCIAL MANAGEMENT IMPROVEMENTS.
(a) In General.--Each agency shall implement and maintain
financial management systems that comply substantially with
Federal financial management systems requirements, applicable
Federal accounting standards, and the United States Government
Standard General Ledger at the transaction level.
(b) Audit Compliance Finding.--
(1) In general.--Each audit required by section
3521(e) of title 31, United States Code, shall report
whether the agency financial management systems comply
with the requirements of subsection (a).
(2) Content of Reports.--When the person performing
the audit required by section 3521(e) of title 31,
United States Code, reports that the agency financial
management systems do not comply with the requirements
of subsection (a), the person performing the audit
shall include in the report on the audit--
(A) the entity or organization responsible
for the financial management systems that have
been found not to comply with the requirements
of subsection (a);
(B) all facts pertaining to the failure to
comply with the requirements of subsection (a),
including--
(i) the nature and extent of the
noncompliance including areas in which
there is substantial but not full
compliance;
(ii) the primary reason or cause of
the noncompliance;
(iii) the entity or organization
responsible for the non-compliance; and
(iv) any relevant comments from any
responsible officer or employee; and
(C) a statement with respect to the
recommended remedial actions and the time
frames to implement such actions.
(c) Compliance Implementation.--
(1) Determination.--No later than the date
described under paragraph (2), the Head of an agency
shall determine whether the financial management
systems of the agency comply with the requirements of
subsection (a). Such determination shall be based on--
(A) a review of the report on the
applicable agency-wide audited financial
statement;
(B) any other information the Head of the
agency considers relevant and appropriate.
(2) Date of determination.--The determination under
paragraph (1) shall be made no later than 120 days
after the earlier of--
(A) the date of the receipt of an agency-
wide audited financial statement; or
(B) the last day of the fiscal year
following the year covered by such statement.
(3) Remediation plan.--
(A) If the Head of an agency determines
that the agency's financial management systems
do not comply with the requirements of
subsection (a), the head of the agency, in
consultation with the Director, shall establish
a remediation plan that shall include
resources, remedies, and intermediate target
dates necessary to bring the agency's financial
management systems into substantial compliance.
(B) If the determination of the head of the
agency differs from the audit compliance
findings required in subsection (b), the
Director shall review such determinations and
provide a report on the findings to the
appropriate committees of the Congress.
(4) Time period for compliance.--A remediation plan
shall bring the agency's financial management systems
into substantial compliance no later than 3 years after
the date a determination is made under paragraph (1),
unless the agency, with concurrence of the Director--
(A) determines that the agency's financial
management systems cannot comply with the
requirements of subsection (a) within 3 years;
(B) specifies the most feasible date for
bringing the agency's financial management
systems into compliance with the requirements
of subsection (a); and
(C) designates an official of the agency
who shall be responsible for bringing the
agency's financial management systems into
compliance with the requirements of subsection
(a) by the date specified under subparagraph
(B).
SEC. 804. REPORTING REQUIREMENTS.
(a) Reports by the Director.--No later than March 31 of
each year, the Director shall submit a report to the Congress
regarding implementation of this Act. The Director may include
the report in the financial management status report and the 5-
year financial management plan submitted under section
3512(a)(1) of title 31, United States Code.
(b) Reports by the Inspector General.--Each Inspector
General who prepares a report under section 5(a) of the
Inspector General Act of 1978 (5 U.S.C. App.) shall report to
Congressinstances and reasons when an agency has not met the
intermediate target dates established in the remediation plan required
under section 3(c). Specifically the report shall include--
(1) the entity or organization responsible for the
non-compliance;
(2) the facts pertaining to the failure to comply
with the requirements of subsection (a), including the
nature and extent of the non-compliance, the primary
reason or cause for the failure to comply, and any
extenuating circumstances; and
(3) a statement of the remedial actions needed to
comply.
(c) Reports by the Comptroller General.--No later than
October 1, 1997, and October 1, of each year thereafter, the
Comptroller General of the United States shall report to the
appropriate committees of the Congress concerning--
(1) compliance with the requirements of section
3(a) of this Act, including whether the financial
statements of the Federal Government have been prepared
in accordance with applicable accounting standards; and
(2) the adequacy of applicable accounting standards
for the Federal Government.
SEC. 805. CONFORMING AMENDMENTS.
(a) Audits by Agencies.--Section 3521(f)(1) of title 31,
United States Code, is amended in the first sentence by
inserting ``and the Controller of the Office of Federal
Financial Management'' before the period.
(b) Financial Management Status Report.--Section
3512(a)(2) of title 31, United States Code, is amended by--
(1) in subparagraph (D) by striking ``and' after
the semicolon;
(2) by redesignating subparagraph (E) as
subparagraph (F); and
(3) by inserting after subparagraph (D) the
following:
``(E) a listing of agencies whose financial
management systems do not comply substantially
with the requirements of Section 3(a) the
Federal Financial Management Improvement Act of
1996, and a summary statement of the efforts
underway to remedy the noncompliance; and''
(c) Inspector General Act of 1978.--Section 5(a) of the
Inspector General Act of 1978 is amended--
(1) in paragraph (11) by striking ``and'' after the
semicolon;
(2) in paragraph (12) by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new
paragraph:
``(13) the information described under section
05(b) of the Federal Financial Management Improvement
Act of 1996.''
SEC. 806. DEFINITIONS.
For purposes of this title:
(1) Agency.--The term ``agency'' means a department
or agency of the United States Government as defined in
section 901(b) of title 31, United States Code.
(2) Director.--The term ``Director'' means the
Director of the Office of Management and Budget.
(3) Federal Accounting Standards.--The term
``Federal accounting standards'' means applicable
accounting principles, standards, and requirements
consistent with section 902(a)(3)(A) of title 31,
United States Code.
(4) Financial management systems.--The term
``financial management systems'' includes the financial
systems and the financial portions of mixed systems
necessary to support financial management, including
automated and manual processes, procedures, controls,
data, hardware, software, and support personnel
dedicated to the operation and maintenance of system
functions.
(5) Financial system.--The term ``financial
system'' includes an information system, comprised of
one or more applications, that is used for--
(A) collecting, processing, maintaining,
transmitting, or reporting data about financial
events;
(B) supporting financial planning or
budgeting activities;
(C) accumulating and reporting costs
information; or
(D) supporting the preparation of financial
statements.
(6) Mixed system.--The term ``mixed
system'' means an information system that
supports both financial and nonfinancial
functions of the Federal Government or
components thereof.
SEC. 807. EFFECTIVE DATE.
This title shall take effect for the fiscal year ending
September 30, 1997.
SEC. 808. REVISION OF SHORT TITLES.
(a) Section 4001 of Public Law 104-106 (110 Stat. 642; 41
U.S.C. 251 note) is amended to read as follows:
``SEC. 4001. SHORT TITLE.
``This division and division E may be cited as the
`Clinger-Cohen Act of 1996'.''.
(b) Section 5001 of Public Law 104-106 (110 Stat. 679; 40
U.S.C. 1401 note) is amended to read as follows:
``SEC. 5001. SHORT TITLE.
``This division and division D may be cited as the
`Clinger-Cohen Act of 1996'.''
(c) Any reference in any law, regulation, document,
record, or other paper of the United States to the Federal
Acquisition Reform Act of 1996 or to the Information Technology
Management Reform Act of 1996 shall be considered to be a
reference to the Clinger-Cohen Act of 1996.
This Act may be cited as the ``Treasury, Postal Service,
and General Government Appropriations Act, 1997''.
TITLE II--ECONOMIC GROWTH AND REGULATORY PAPERWORK REDUCTION
SEC. 2001. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS.
(a) Short Title.--This title may be cited as the ``Economic
Growth and Regulatory Paperwork Reduction Act of 1996''.
(b) Table of Contents.--The table of contents for this
title is as follows:
TITLE II--ECONOMIC GROWTH AND REGULATORY PAPERWORK REDUCTION
Sec. 2001. Short title; table of contents; definitions
Subtitle A--Streamlining the Home Mortgage Lending Process
Sec. 2101. Simplification and unification of disclosures required under
RESPA and TILA for mortgage transactions.
Sec. 2102. General exemption authority for loans.
Sec. 2103. Reductions in Real Estate Settlement Procedures Act of 1974
regulatory burdens.
Sec. 2104. Waiver for certain borrowers.
Sec. 2105. Alternative disclosures for adjustable rate mortgages.
Sec. 2106. Restitution for violations of the Truth in Lending Act.
Sec. 2107. Limitation on liability under the Truth in Lending Act.
Subtitle B--Streamlining Government Regulation
Chapter 1--Eliminating Unnecessary Regulatory Requirements and
Procedures
Sec. 2201. Elimination of redundant approval requirement for Oakar
transactions.
Sec. 2202. Elimination of duplicative requirements imposed upon bank
holding companies.
Sec. 2203. Elimination of the per branch capital requirement for
national banks and State member banks.
Sec. 2204. Elimination of branch application requirements for automatic
teller machines.
Sec. 2205. Elimination of requirement for approval of investments in
bank premises for well capitalized and well managed banks.
Sec. 2206. Elimination of approval requirement for divestitures.
Sec. 2207. Streamlined nonbanking acquisitions by well capitalized and
well managed banking organizations.
Sec. 2208. Elimination of unnecessary filing for officer and director
appointments.
Sec. 2209. Amendments to the Depository Institution Management
Interlocks Act.
Sec. 2210. Elimination of recordkeeping and reporting requirements for
officers.
Sec. 2211. Repayment of Treasury loan.
Sec. 2212. Branch closures.
Sec. 2213. Foreign banks.
Sec. 2214. Disposition of foreclosed assets.
Sec. 2215. Exemption authority for antitying provision.
Sec. 2216. FDIC approval of new State bank powers.
Chapter 2--Eliminating Unnecessary Regulatory Burdens
Sec. 2221. Small bank examination cycle.
Sec. 2222. Required review of regulations.
Sec. 2223. Repeal of identification of nonbank financial institution
customers.
Sec. 2224. Repeal of certain reporting requirements.
Sec. 2225. Increase in home mortgage disclosure exemption threshold.
Sec. 2226. Elimination of stock loan reporting requirement.
Sec. 2227. Credit availability assessment.
Chapter 3--Regulatory Micromanagement
Sec. 2241. National bank directors.
Sec. 2242. Paperwork reduction review.
Sec. 2243. State bank representation on Board of Directors of the FDIC.
Sec. 2244. Consultation among examiners.
Subtitle C--Regulatory Impact on Cost of Credit and Credit Availability
Sec. 2301. Audit costs.
Sec. 2302. Incentives for self-testing.
Sec. 2303. Qualified thrift investment amendments.
Sec. 2304. Limited purpose banks.
Sec. 2305. Amendment to Fair Debt Collection Practices Act.
Sec. 2306. Increase in certain credit union loan ceilings.
Sec. 2307. Bank investments in Edge Act and agreement corporations.
Subtitle D--Consumer Credit
Chapter 1--Credit Reporting Reform
Sec. 2401. Short title.
Sec. 2402. Definitions.
Sec. 2403. Furnishing consumer reports; use for employment purposes.
Sec. 2404. Use of consumer reports for prescreening and direct
marketing; prohibition on unauthorized or uncertified use of
information.
Sec. 2405. Consumer consent required to furnish consumer report
containing medical information.
Sec. 2406. Obsolete information and information contained in consumer
reports.
Sec. 2407. Compliance procedures.
Sec. 2408. Consumer disclosures.
Sec. 2409. Procedures in case of the disputed accuracy of any
information in a consumer's file.
Sec. 2410. Charges for certain disclosures.
Sec. 2411. Duties of users of consumer reports.
Sec. 2412. Civil liability.
Sec. 2413. Responsibilities of persons who furnish information to
consumer reporting agencies.
Sec. 2414. Investigative consumer reports.
Sec. 2415. Increased criminal penalties for obtaining information under
false pretenses.
Sec. 2416. Administrative enforcement.
Sec. 2417. State enforcement of Fair Credit Reporting Act.
Sec. 2418. Federal Reserve Board authority.
Sec. 2419. Preemption of State law.
Sec. 2420. Effective date.
Sec. 2421. Relationship to other law.
Sec. 2422. Federal Reserve Board study.
Chapter 2--Credit Repair Organizations
Sec. 2451. Regulation of credit repair organizations.
Sec. 2452. Credit worthiness.
Subtitle E--Asset Conservation, Lender Liability, and Deposit Insurance
Protection
Sec. 2501. Short title.
Sec. 2502. CERCLA lender and fiduciary liability limitations amendments.
Sec. 2503. Conforming amendment.
Sec. 2504. Lender liability rule.
Sec. 2505. Effective date.
Subtitle F--Miscellaneous
Sec. 2601. Federal Reserve Board study.
Sec. 2602. Treatment of claims arising from breach of contracts executed
by the receiver or conservator.
Sec. 2603. Criminal sanctions for fictitious financial instruments and
counterfeiting.
Sec. 2604. Amendments to the Truth in Savings Act.
Sec. 2605. Consumer Leasing Act amendments.
Sec. 2606. Study of corporate credit unions.
Sec. 2607. Report on the reconciliation of differences between
regulatory accounting principles and generally accepted
accounting principles.
Sec. 2608. State-by-State and metropolitan area-by-metropolitan area
study of bank fees.
Sec. 2609. Prospective application of gold clauses in contracts.
Sec. 2610. Qualified family partnerships.
Sec. 2611. Cooperative efforts between depository institutions and
farmers and ranchers in drought-stricken areas.
Sec. 2612. Streamlining process for determining new nonbanking
activities.
Sec. 2613. Authorizing bank service companies to organize as limited
liability partnerships.
Sec. 2614. Retirement certificates of deposits.
Sec. 2615. Prohibitions on certain depository institution associations
with Government-sponsored enterprises.
Subtitle G--Deposit Insurance Funds
Sec. 2701. Short title.
Sec. 2702. Special assessment to capitalize SAIF.
Sec. 2703. Financing corporation funding.
Sec. 2704. Merger of BIF and SAIF.
Sec. 2705. Creation of SAIF special reserve.
Sec. 2706. Refund of amounts in deposit insurance fund in excess of
designated reserve amount.
Sec. 2707. Assessment rates for SAIF members may not be less than
assessment rates for BIF members.
Sec. 2708. Assessments authorized only if needed to maintain the reserve
ratio of a deposit insurance fund.
Sec. 2709. Treasury study of common depository institution charter.
Sec. 2710. Definitions.
Sec. 2711. Deductions for special assessments.
(c) Definitions.--Except as otherwise specified in this
title, the following definitions shall apply for purposes of
this title:
(1) Appraisal subcommittee.--The term ``Appraisal
Subcommittee'' means the Appraisal Subcommittee
established under section 1011 of the Federal Financial
Institutions Examination Council Act of 1978 (as in
existence on the day before the date of enactment of
this Act).
(2) Appropriate Federal banking agency.--The term
``appropriate Federal banking agency'' has the same
meaning as in section 3 of the Federal Deposit
Insurance Act.
(3) Board.--The term ``Board'' means the Board of
Governors of the Federal Reserve System.
(4) Corporation.--The term ``Corporation'' means
the Federal Deposit Insurance Corporation.
(5) Council.--The term ``Council'' means the
Financial Institutions Examination Council established
under section 1004 of the Federal Financial
Institutions Examination Council Act of 1978.
(6) Insured credit union.--The term ``insured
credit union'' has the same meaning as in section 101
of the Federal Credit Union Act.
(7) Insured depository institution.--The term
``insured depository institution'' has the same meaning
as in section 3 of the Federal Deposit Insurance Act.
Subtitle A--Streamlining the Home Mortgage Lending Process
SEC. 2101. SIMPLIFICATION AND UNIFICATION OF DISCLOSURES REQUIRED UNDER
RESPA AND TILA FOR MORTGAGE TRANSACTIONS.
(a) In General.--With respect to credit transactions which
are subject to the Real Estate Settlement Procedures Act of
1974 and the Truth in Lending Act, the Board of Governors of
the Federal Reserve System (hereafter in this section referred
to as the ``Board'') and the Secretary of Housing and Urban
Development (hereafter in this section referred to as the
``Secretary'') shall take such action as may be necessary
before the end of the 6-month period beginning on the date of
enactment of this Act--
(1) to simplify and improve the disclosures
applicable to such transactions under such Acts,
including the timing of the disclosures; and
(2) to provide a single format for such disclosures
which will satisfy the requirements of each such Act
with respect to such transactions.
(b) Regulations.--To the extent that it is necessary to
prescribe any regulation in order to effect any changes
required to be made under subsection (a), the proposed
regulation shall be published in the Federal Register before
the end of the 6-month period referred to in subsection (a).
(c) Recommendations for Legislation.--If the Board and the
Secretary find that legislative action may be necessary or
appropriate in order to simplify and unify the disclosure
requirements under the Real Estate Settlement Procedures Act of
1974 and the Truth in Lending Act, the Board and the Secretary
shall submit a report containing recommendations to the
Congress concerning such action.
SEC. 2102. GENERAL EXEMPTION AUTHORITY FOR LOANS.
(a) Regulatory Flexibility.--Section 104 of the Truth in
Lending Act (15 U.S.C. 1603) is amended--
(1) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively; and
(2) by inserting after paragraph (4) the following
new paragraph:
``(5) Transactions for which the Board, by rule,
determines that coverage under this title is not
necessary to carry out the purposes of this title.''.
(b) Exemption Authority.--Section 105 of the Truth in
Lending Act (15 U.S.C. 1604) is amended by adding at the end
the following new subsection:
``(f) Exemption Authority.--
``(1) In general.--The Board may exempt, by
regulation, from all or part of this title any class of
transactions, other than transactions involving any
mortgage described in section 103(aa), for which, in
the determination of the Board, coverage under all or
part of this title does not provide a meaningful
benefit to consumers in the form of useful information
or protection.
``(2) Factors for consideration.--In determining
which classes of transactions to exempt in whole or in
part under paragraph (1), the Board shall consider the
following factors and publish its rationale at the time
a proposed exemption is published for comment:
``(A) The amount of the loan and whether
the disclosures, right of rescission, and other
provisions provide a benefit to the consumers
who are parties to such transactions, as
determined by the Board.
``(B) The extent to which the requirements
of this title complicate, hinder, or make more
expensive the credit process for the class of
transactions.
``(C) The status of the borrower,
including--
``(i) any related financial
arrangements of the borrower, as
determined by the Board;
``(ii) the financial sophistication
of the borrower relative to the type of
transaction; and
``(iii) the importance to the
borrower of the credit, related
supporting property, and coverage under
this title, as determined by the Board;
``(D) whether the loan is secured by the
principal residence of the consumer; and
``(E) whether the goal of consumer
protection would be undermined by such an
exemption.''.
SEC. 2103. REDUCTIONS IN REAL ESTATE SETTLEMENT PROCEDURES ACT OF 1974
REGULATORY BURDENS.
(a) Unnecessary Disclosure.--Section 6(a) of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(a)) is
amended to read as follows:
``(a) Disclosure to Applicant Relating to Assignment, Sale,
or Transfer of Loan Servicing.--Each person who makes a
federally related mortgage loan shall disclose to each person
who applies for the loan, at the time of application for the
loan, whether the servicing of the loan may be assigned, sold,
or transferred to any other person at any time while the loan
is outstanding.''.
(b) Consistency of Real Estate Settlement Procedures Act
and Truth in Lending Act Exemption of Business Loans.--Section
7 of the Real Estate Settlement Procedures Act of 1974 (12
U.S.C. 2606) is amended--
(1) by striking ``This Act'' and inserting the
following:
``(a) In General.--This Act''; and
(2) by adding at the end the following new
subsection:
``(b) Interpretation.--In prescribing regulations under
section 19(a), the Secretary shall ensure that, with respect to
subsection (a) of this section, the exemption for credit
transactions involving extensions of credit primarily for
business, commercial, or agricultural purposes, as provided in
section 7(1) of the Real Estate Settlement Procedures Act of
1974 shall be the same as the exemption for such credit
transactions under section 104(1) of the Truth in Lending
Act.''.
(c) Redesignation of Controlled Business Arrangements as
Affiliated Business Arrangements.--The Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2601 et seq.) is amended--
(1) in section 3(7), by striking ``controlled
business arrangement'' and inserting ``affiliated
business arrangement''; and
(2) in subsections (c)(4) and (d)(6) of section 8,
by striking ``controlled business arrangements'' and
inserting ``affiliated business arrangements''.
(d) Disclosures by Telephone or Electronic Media.--Section
8(c)(4) of the Real Estate Settlement Procedures Act of 1974
(12 U.S.C. 2607(c)(4)(A)) is amended by striking subparagraph
(A) and inserting the following ``(A) a disclosure is made of
the existence of such an arrangement to the person being
referred and, in connection with such referral, such person is
provided a written estimate of the charge or range of charges
generally made by the provider to which the person is referred
(i) in the case of a face-to-face referral or a referral made
in writing or by electronic media, at or before the time of the
referral (and compliance with this requirement in such case may
be evidenced by a notation in a written, electronic, or similar
system of records maintained in the regular course of
business); (ii) in the case of a referral made by telephone,
within 3 business days after the referral by telephone, (and in
such case an abbreviated verbal disclosure of the existence of
the arrangement and the fact that a written disclosure will be
provided within 3 business days shall be made to the person
being referred during the telephone referral); or (iii) in the
case of a referral by a lender (including a referral by a
lender to an affiliated lender), at the time the estimates
required under section 5(c) are provided (notwithstanding
clause (i) or (ii)); and any required written receipt of such
disclosure (without regard to the manner of the disclosure
under clause (i), (ii), or (iii)) may be obtained at the
closing or settlement (except that a person making a face-to-
face referral who provides the written disclosure at or before
the time of the referral shall attempt to obtain any required
written receipt of such disclosure at such time and if the
person being referred chooses not to acknowledge the receipt of
the disclosure at that time, that fact shall be noted in the
written, electronic, or similar system of records maintained in
the regular course of business by the person making the
referral),''.
(e) Limitation on Claims Arising From Violations of
Requirements for Servicing Mortgages and Administering Escrow
Accounts.--Section 16 of the Real Estate Settlement Procedures
Act of 1974 (12 U.S.C. 2614) is amended--
(1) by striking ``section 8 or 9'' and inserting
``section 6, 8, or 9''; and
(2) by striking ``within one year'' and inserting
``within 3 years in the case of a violation of section
6 and 1 year in the case of a violation of section 8 or
9''.
(f) Delay of Effectiveness of Recent Final Regulation
Relating to Payments to Employees.--Section 19 of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C. 2617) is
amended by adding at the end the following new subsection:
``(d) Delay of Effectiveness of Recent Final Regulation
Relating to Payments to Employees.--
``(1) In general.--The amendment to part 3500 of
title 24 of the Code of Federal Regulations contained
in the final regulation prescribed by the Secretary and
published in the Federal Register on June 7, 1996,
which will, as of the effective date of such
amendment--
``(A) eliminate the exemption for payments
by an employer to employees of such employer
for referral activities which is currently
codified as section 3500.14(g)(1)(vii) of such
title 24; and
``(B) replace such exemption with a more
limited exemption in new clauses (vii), (viii),
and (ix) of section 3500.14 of such title 24,
shall not take effect before July 31, 1997.
``(2) Continuation of prior rule.--The regulation
codified as section 3500.14(g)(1)(vii) of title 24 of
the Code of Federal Regulations, relating to employer-
employee payments, as in effect on May 1, 1996, shall
remain in effect until the date the amendment referred
to in paragraph (1) takes effect in accordance with
such paragraph.
``(3) Public notice of effective date.--The
Secretary shall provide public notice of the date on
which the amendment referred to in paragraph (1) will
take effect in accordance with such paragraph not less
than 90 days and not more than 180 days before such
effective date.''.
(g) Technical and Conforming Amendments.--
(1) Section 4(a) of the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2603(a)) is amended
by striking ``Federal Home Loan Bank Board'' and
inserting ``Director of the Office of Thrift
Supervision''.
(2) Section 10(c)(1)(C) of the Real Estate
Settlement Procedures Act of 1974 (12 U.S.C.
2609(c)(1)(C)) is amended by striking ``Not later than
the expiration of the 90-day period beginning on the
date of the enactment of the Cranston-Gonzalez National
Affordable Housing Act, the'' and inserting ``The''.
(h) Repeal of Obsolete Provisions.--The Real Estate
Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.) is
amended by striking sections 13, 14 and 15.
SEC. 2104. WAIVER FOR CERTAIN BORROWERS.
Section 105 of the Truth in Lending Act (15 U.S.C. 1604) is
amended by adding at the end the following new subsection:
``(g) Waiver for Certain Borrowers.--
``(1) In general.--The Board, by regulation, may
exempt from the requirements of this title certain
credit transactions if--
``(A) the transaction involves a consumer--
``(i) with an annual earned income
of more than $200,000; or
``(ii) having net assets in excess
of $1,000,000 at the time of the
transaction; and
``(B) a waiver that is handwritten, signed,
and dated by the consumer is first obtained
from the consumer.
``(2) Adjustments by the board.--The Board, at its
discretion, may adjust the annual earned income and net
asset requirements of paragraph (1) for inflation.''.
SEC. 2105. ALTERNATIVE DISCLOSURES FOR ADJUSTABLE RATE MORTGAGES.
Section 128(a) of the Truth in Lending Act (15 U.S.C.
1638(a)) is amended by adding at the end the following new
paragraph:
``(14) In the case of any variable interest rate
residential mortgage transaction, in disclosures
provided at application as prescribed by the Board for
a variable rate transaction secured by the consumer's
principal dwelling, at the option of the creditor, a
statement that the periodic payments may increase or
decrease substantially, and the maximum interest rate
and payment for a $10,000 loan originated at a recent
interest rate, as determined by the Board, assuming the
maximum periodic increases in rates and payments under
the program, or a historical example illustrating the
effects of interest rate changes implemented according
to the loan program.''.
SEC. 2106. RESTITUTION FOR VIOLATIONS OF THE TRUTH IN LENDING ACT.
Section 108(e)(3) of the Truth in Lending Act (15 U.S.C.
2602(3)) is amended--
(1) by striking ``ordered (A) if'' and inserting
the following: ``ordered--
``(A) if'';
(2) by striking ``may require a partial'' and
inserting ``may--
``(i) require a partial'';
(3) by striking ``, except that with respect'' and
all that follows through ``Act, the agency shall
require'' and inserting ``; or
``(ii) require'';
(4) by striking ``reasonable, (B) the'' and
inserting the following: ``reasonable, if (in the case
of an agency referred to in paragraph (1), (2), or (3)
of subsection (a)), the agency determines that a
partial adjustment or making partial payments over an
extended period is necessary to avoid causing the
creditor to become undercapitalized pursuant to section
38 of the Federal Deposit Insurance Act;
``(B) the''; and
(5) by striking ``(C) except'' and inserting the
following:
``(C) except''.
SEC. 2107. LIMITATION ON LIABILITY UNDER THE TRUTH IN LENDING ACT.
(a) In General.--Section 139(a) of the Truth in Lending Act
(15 U.S.C. 1649(a)) is amended by striking ``For any consumer
credit transaction subject to this title'' and inserting ``For
any closed end consumer credit transaction that is secured by
real property or a dwelling, that is subject to this title,
and''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective as of September 30, 1995.
Subtitle B--Streamlining Government Regulation
CHAPTER 1--ELIMINATING UNNECESSARY REGULATORY REQUIREMENTS AND
PROCEDURES
SEC. 2201. ELIMINATION OF REDUNDANT APPROVAL REQUIREMENT FOR OAKAR
TRANSACTIONS.
(a) In General.--Section 5(d)(3) of the Federal Deposit
Insurance Act (12 U.S.C. 1815(d)(3)) is amended--
(1) in subparagraph (A), by striking ``with the
prior written approval of'' and inserting ``if the
transaction is approved by'';
(2) in subparagraph (E)--
(A) by striking clauses (i) and (iv);
(B) by redesignating clauses (ii) and (iii)
as clauses (i) and (ii), respectively; and
(C) by adding at the end the following new
clause:
``(iii) Capital requirements.--A
transaction described in this paragraph
shall not be approved under section
18(c)(2) unless the acquiring,
assuming, or resulting depository
institution will meet all applicable
capital requirements upon consummation
of the transaction.'';
(3) by striking subparagraph (G); and
(4) by redesignating subparagraphs (H) through (J)
as subparagraphs (G) through (I), respectively.
(b) Conforming Amendments.--
(1) Revised statutes.--Section 5156A(b)(1) of the
Revised Statutes of the United States (12 U.S.C.
215c(b)(1)) is amended by striking ``by section 5(d)(3)
of the Federal Deposit Insurance Act or any other'' and
inserting ``under any''.
(2) Home owners' loan act.--Section 10(s)(2)(A) of
the Home Owners' Loan Act (12 U.S.C. 1467a(s)(2)(A)) is
amended by striking ``under section 5(d)(3) of the
Federal Deposit Insurance Act or any other'' and
inserting ``under any''.
SEC. 2203. ELIMINATION OF DUPLICATIVE REQUIREMENTS IMPOSED UPON BANK
HOLDING COMPANIES.
(a) Exemption for Bank Holding Companies.--Section 10 of
the Home Owners' Loan Act (12 U.S.C. 1467a) is amended by
adding at the end the following new subsection:
``(t) Exemption for Bank Holding Companies.--This section
shall not apply to a bank holding company that is subject to
the Bank Holding Company Act of 1956, or any company controlled
by such bank holding company.''.
(b) Definition.--Section 10(a)(1)(D) of the Home Owners'
Loan Act (12 U.S.C. 1467a(a)(1)(D)) is amended to read as
follows:
``(D) Savings and loan holding company.--
``(i) In general.--Except as
provided in clause (ii), the term
`savings and loan holding company'
means any company that directly or
indirectly controls a savings
association or that controls any other
company that is a savings and loan
holding company.
``(ii) Exclusion.--The term
`savings and loan holding company' does
not include a bank holding company that
is registered under, and subject to,
the Bank Holding Company Act of 1956,
or to any company directly or
indirectly controlled by such company
(other than a savings association).''.
(c) Acquisitions.--Section 10(e)(1) of the Home Owners'
Loan Act (12 U.S.C. 1467a(e)(1)) is amended--
(1) in subparagraph (A)(iii)(VII), by inserting
``or'' at the end;
(2) in subparagraph (A)(iv), by inserting ``and''
at the end; and
(3) in subparagraph (B)--
(A) by striking ``or (ii)'' and inserting
``(ii)''; and
(B) by inserting before the first period
``, or (iii) acquired by a bank holding company
that is registered under, and subject to, the
Bank Holding Company Act of 1956, or any
company controlled by such bank holding
company''.
(d) Amendments to the Bank Holding Company Act of 1956.--
Section 4(i) of the Bank Holding Company Act of 1956 (12 U.S.C.
1843(i)) is amended by adding at the end the following new
paragraphs:
``(4) Solicitation of views.--
``(A) Notice to director.--Upon receiving
any application or notice by a bank holding
company to acquire, directly or indirectly, a
savings association under subsection (c)(8),
the Board shall solicit comments and
recommendations from the Director with respect
to such acquisition.
``(B) Comment period.--The comments and
recommendations of the Director under
subparagraph (A) with respect to any
acquisition subject to such subparagraph shall
be transmitted to the Board not later than 30
days after the receipt by the Director of the
notice relating to such acquisition (or such
shorter period as the Board may specify if the
Board advises the Director that an emergency
exists that requires expeditious action).
``(5) Examination.--
``(A) Scope.--The Board shall consult with
the Director, as appropriate, in establishing
the scope of an examination by the Board of a
bank holding company that directly or
indirectly controls a savings association.
``(B) Access to inspection reports.--Upon
the request of the Director, the Board shall
furnish the Director with a copy of any
inspection report, additional examination
materials, or supervisory information relating
to any bank holding company that directly or
indirectly controls a savings association.
``(6) Coordination of enforcement efforts.--The
Board and the Director shall cooperate in any
enforcement action against any bank holding company
that controls a savings association, if the relevant
conduct involves such association.
``(7) Director defined.--For purposes of this
section, the term `Director' means the Director of the
Office of Thrift Supervision.''.
SEC. 2204. ELIMINATION OF THE PER BRANCH CAPITAL REQUIREMENT FOR
NATIONAL BANKS AND STATE MEMBER BANKS.
Section 5155(h) of the Revised Statutes of the United
States (12 U.S.C. 36(h)) is amended to read as follows:
``(h) [Repealed]''.
SEC. 2205. ELIMINATION OF BRANCH APPLICATION REQUIREMENTS FOR AUTOMATIC
TELLER MACHINES.
(a) ``Branch'' Under National Bank Act.--Section 5155(j) of
the Revised Statutes of the United States (12 U.S.C. 36(j)) is
amended by adding at the end the following: ``The term
`branch', as used in this section, does not include an
automated teller machine or a remote service unit.''.
(b) ``Domestic Branch'' Under the Federal Deposit Insurance
Act.--Section 3(o) of the Federal Deposit Insurance Act (12
U.S.C. 1813(o)) is amended by striking ``lent; and the'' and
inserting ``lent. The term `domestic branch' does not include
an automated teller machine or a remote service unit. The''.
SEC. 2206. ELIMINATION OF REQUIREMENT FOR APPROVAL OF INVESTMENTS IN
BANK PREMISES FOR WELL CAPITALIZED AND WELL MANAGED
BANKS.
Section 24A of the Federal Reserve Act (12 U.S.C. 371d) is
amended to read as follows:
``SEC. 24A. INVESTMENT IN BANK PREMISES OR STOCK OF CORPORATION HOLDING
PREMISES.
``(a) Conditions of Investment.--No national bank or State
member bank shall invest in bank premises, or in the stock,
bonds, debentures, or other such obligations of any corporation
holding the premises of such bank, or make loans to or upon the
security of any such corporation--
``(1) unless the bank receives the prior approval
of the Comptroller of the Currency (with respect to a
national bank) or the Board (with respect to a State
member bank);
``(2) unless the aggregate of all such investments
and loans, together with the amount of any indebtedness
incurred by any such corporation that is an affiliate
of the bank, is less than or equal to the amount of the
capital stock of such bank; or
``(3) unless--
``(A) the aggregate of all such investments
and loans, together with the amount of any
indebtedness incurred by any such corporation
that is an affiliate of the bank, is less than
or equal to 150 percent of the capital and
surplus of the bank; and
``(B) the bank--
``(i) has a CAMEL composite rating
of 1 or 2 under the Uniform Financial
Institutions Rating System (or an
equivalent rating under a comparable
rating system) as of the most recent
examination of such bank;
``(ii) is well capitalized and will
continue to be well capitalized after
the investment or loan; and
``(iii) provides notification to
the Comptroller of the Currency (with
respect to a national bank) or to the
Board (with respect to a State member
bank) not later than 30 days after
making the investment or loan.
``(b) Definitions.--For purposes of this section--
``(1) the term `affiliate' has the same meaning as
in section 2 of the Banking Act of 1933; and
``(2) the term `well capitalized' has the same
meaning as in section 38(b) of the Federal Deposit
Insurance Act.''.
SEC. 2207. ELIMINATION OF APPROVAL REQUIREMENT FOR DIVESTITURES.
Section 2(g) of the Bank Holding Company Act of 1956 (12
U.S.C. 1841(g)) is amended--
(1) in paragraph (1), by adding ``and'' at the end;
(2) in paragraph (2), by striking ``; and'' and
inserting a period; and
(3) by striking paragraph (3).
SEC. 2208. STREAMLINED NONBANKING ACQUISITIONS BY WELL CAPITALIZED AND
WELL MANAGED BANKING ORGANIZATIONS.
(a) Notice Requirements.--Section 4(j) of the Bank Holding
Company Act of 1956 (12 U.S.C. 1843(j)) is amended--
(1) in paragraph (1)(A), by striking ``No'' and
inserting ``Except as provided in paragraph (3), no'';
and
(2) by adding at the end the following new
paragraphs:
``(3) No notice required for certain
transactions.--No notice under paragraph (1) of this
subsection or under subsection (c)(8) or (a)(2)(B) is
required for a proposal by a bank holding company to
engage in any activity or acquire the shares or assets
of any company, other than an insured depository
institution, if the proposal qualifies under paragraph
(4).
``(4) Criteria for statutory approval.--A proposal
qualifies under this paragraph if all of the following
criteria are met:
``(A) Financial criteria.--Both before and
immediately after the proposed transaction--
``(i) the acquiring bank holding
company is well capitalized;
``(ii) the lead insured depository
institution of such holding company is
well capitalized;
``(iii) well capitalized insured
depository institutions control at
least 80 percent of the aggregate total
risk-weighted assets of insured
depository institutions controlled by
such holding company; and
``(iv) no insured depository
institution controlled by such holding
company is undercapitalized.
``(B) Managerial criteria.--
``(i) Well managed.--At the time of
the transaction, the acquiring bank
holding company, its lead insured
depository institution, and insured
depository institutions that control at
least 90 percent of the aggregate total
risk-weighted assets of insured
depository institutions controlled by
such holding company are well managed.
``(ii) Limitation on poorly managed
institutions.--Except as provided in
paragraph (6), no insured depository
institution controlled by the acquiring
bank holding company has received 1 of
the 2 lowest composite ratings at the
later of the institution's most recent
examination or subsequent review.
``(C) Activities permissible.--Following
consummation of the proposal, the bank holding
company engages directly or through a
subsidiary solely in--
``(i) activities that are
permissible under subsection (c)(8), as
determined by the Board by regulation
or order thereunder, subject to all of
the restrictions, terms, and conditions
of such subsection and such regulation
or order; and
``(ii) such other activities as are
otherwise permissible under this
section, subject to the restrictions,
terms and conditions, including any
prior notice or approval requirements,
provided in this section.
``(D) Size of acquisition.--
``(i) Asset size.--The book value
of the total assets to be acquired does
not exceed 10 percent of the
consolidated total risk-weighted assets
of the acquiring bank holding company.
``(ii) Consideration.--The gross
consideration to be paid for the
securities or assets does not exceed 15
percent of the consolidated Tier 1
capital of the acquiring bank holding
company.
``(E) Notice not otherwise warranted.--For
proposals described in paragraph (5)(B), the
Board has not, before the conclusion of the
period provided in paragraph (5)(B), advised
the bank holding company that a notice under
paragraph (1) is required.
``(F) Compliance criterion.--During the 12-
month period ending on the date on which the
bank holding company proposes to commence an
activity or acquisition, no administrative
enforcement action has been commenced, and no
cease and desist order has been issued pursuant
to section 8 of the Federal Deposit Insurance
Act, against the bank holding company or any
depository institution subsidiary of the
holding company, and no such enforcement
action, order, or other administrative
enforcement proceeding is pending as of such
date.
``(5) Notification.--
``(A) Commencement of activities approved
by rule.--A bank holding company that qualifies
under paragraph (4) and that proposes to engage
de novo, directly or through a subsidiary, in
any activity that is permissible under
subsection (c)(8), as determined by the Board
by regulation, may commence that activity
without prior notice to the Board and must
provide written notification to the Board not
later than 10 business days after commencing
the activity.
``(B) Activities permitted by order and
acquisitions.--
``(i) In general.--At least 12
business days before commencing any
activity pursuant to paragraph (3)
(other than an activity described in
subparagraph (A) of this paragraph) or
acquiring shares or assets of any
company pursuant to paragraph (3), the
bank holding company shall provide
written notice of the proposal to the
Board, unless the Board determines that
no notice or a shorter notice period is
appropriate.
``(ii) Description of activities
and terms.--A notification under this
subparagraph shall include a
description of the proposed activities
and the terms of any proposed
acquisition.
``(6) Recently acquired institutions.--Any insured
depository institution which has been acquired by a
bank holding company during the 12-month period
preceding the date on which the company proposes to
commence an activity or acquisition pursuant to
paragraph (3) may be excluded for purposes of paragraph
(4)(B)(ii) if--
``(A) the bank holding company has
developed a plan for the institution to restore
the capital and management of the institution
which is acceptable to the appropriate Federal
banking agency; and
``(B) all such insured depository
institutions represent, in the aggregate, less
than 10 percent of the aggregate total risk-
weighted assets of all insured depository
institutions controlled by the bank holding
company.
``(7) Adjustment of percentages.--The Board may, by
regulation, adjust the percentages and the manner in
which the percentages of insured depository
institutions are calculated under paragraph (4)(B)(i),
(4)(D), or (6)(B) if the Board determines that any such
adjustment is consistent with safety and soundness and
the purposes of this Act.''.
(b) Definitions.--Section 2(o) of the Bank Holding Company
Act of 1956 (12 U.S.C. 1841(o)) is amended--
(1) by striking paragraph (1) and inserting the
following new paragraph:
``(1) Capital terms.--
``(A) Insured depository institutions.--
With respect to insured depository
institutions, the terms `well capitalized',
`adequately capitalized', and
`undercapitalized' have the same meanings as in
section 38(b) of the Federal Deposit Insurance
Act.
``(B) Bank holding company.--
``(i) Adequately capitalized.--With
respect to a bank holding company, the
term `adequately capitalized' means a
level of capitalization which meets or
exceeds all applicable Federal
regulatory capital standards.
``(ii) Well capitalized.--A bank
holding company is `well capitalized'
if it meets the required capital levels
for well capitalized bank holding
companies established by the Board.
``(C) Other capital terms.--The terms `Tier
1' and `risk-weighted assets' have the meanings
given those terms in the capital guidelines or
regulations established by the Board for bank
holding companies.''; and
(2) by adding at the end the following new
paragraphs:
``(8) Lead insured depository institutions.--
``(A) In general.--The term `lead insured
depository institution' means the largest
insured depository institution controlled by
the subject bank holding company at any time,
based on a comparison of the average total
risk-weighted assets controlled by each insured
depository institution during the previous 12-
month period.
``(B) Branch or agency.--For purposes of
this paragraph and section 4(j)(4), the term
`insured depository institution' includes any
branch or agency operated in the United States
by a foreign bank.
``(9) Well managed.--The term `well managed'
means--
``(A) in the case of any company or
depository institution which receives
examinations, the achievement of--
``(i) a CAMEL composite rating of 1
or 2 (or an equivalent rating under an
equivalent rating system) in connection
with the most recent examination or
subsequent review of such company or
institution; and
``(ii) at least a satisfactory
rating for management, if such rating
is given; or
``(B) in the case of a company or
depository institution that has not received an
examination rating, the existence and use of
managerial resources which the Board determines
are satisfactory.''.
SEC. 2209. ELIMINATION OF UNNECESSARY FILING FOR OFFICER AND DIRECTOR
APPOINTMENTS.
Section 32 of the Federal Deposit Insurance Act (12 U.S.C.
1831i) is amended--
(1) in subsection (a)--
(A) by inserting ``(or such other period,
as determined by the appropriate Federal
banking agency)'' after ``30 days'';
(B) by striking ``if the insured depository
institution or depository institution holding
company'' and inserting ``if '';
(C) by striking paragraphs (1) and (2);
(D) by redesignating paragraph (3) as
paragraph (1);
(E) in paragraph (1), as redesignated--
(i) by inserting ``the insured
depository institution or depository
institution holding company'' before
``is not in compliance''; and
(ii) by striking the period at the
end and inserting ``; or''; and
(F) by adding at the end the following new
paragraph:
``(2) the agency determines, in connection with the
review by the agency of the plan required under section
38 or otherwise, that such prior notice is
appropriate.''; and
(2) in subsection (b), by striking ``30-day
period'' and inserting ``notice period, not to exceed
90 days,''.
SEC. 2210. AMENDMENTS TO THE DEPOSITORY INSTITUTION MANAGEMENT
INTERLOCKS ACT.
(a) Dual Service Among Larger Organizations.--Section 204
of the Depository Institution Management Interlocks Act (12
U.S.C. 3203) is amended--
(1) by striking ``$1,000,000,000'' and inserting
``$2,500,000,000'';
(2) by striking ``$500,000,000'' and inserting
``$1,500,000,000''; and
(3) by adding at the end the following: ``In order
to allow for inflation or market changes, the
appropriate Federal depository institutions regulatory
agencies may, by regulation, adjust, as necessary, the
amount of total assets required for depository
institutions or depository holding companies under this
section.''.
(b) Extension of Grandfather Exemption.--Section 206 of the
Depository Institution Management Interlocks Act (12 U.S.C.
3205) is amended--
(1) in subsection (a), by striking ``for a period
of, subject to the requirements of subsection (c), 20
years after the date of enactment of this title'';
(2) in subsection (b), by striking the second
sentence; and
(3) by striking subsection (c).
(c) Regulations.--Section 209 of the Depository Institution
Management Interlocks Act (12 U.S.C. 3207) is amended--
(1) in subsection (a)--
(A) by striking ``(a) In General.--Rules
and regulations'' and inserting
``Regulations'';
(B) by inserting ``, including regulations
that permit service by a management official
that would otherwise be prohibited by section
203 or section 204, if such service would not
result in a monopoly or substantial lessening
of competition,'' after ``title'';
(C) in paragraph (4)--
(i) by striking ``Federal Home Loan
Bank Board'' and inserting ``Director
of the Office of Thrift Supervision'';
and
(ii) by striking ``Savings and
Loan'' and inserting ``Deposit''; and
(2) by striking subsections (b) and (c).
SEC. 2211. ELIMINATION OF RECORDKEEPING AND REPORTING REQUIREMENTS FOR
OFFICERS.
(a) Employee Benefit Plans.--Section 22(h)(2) of the
Federal Reserve Act (12 U.S.C. 375b(2)) is amended--
(1) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, and
indenting appropriately;
(2) by striking ``(2) Preferential terms
prohibited.--'' and inserting the following:
``(2) Preferential terms prohibited.--
``(A) In general.--''; and
(3) by adding at the end the following new
subparagraph:
``(B) Exception.--Nothing in this paragraph
shall prohibit any extension of credit made
pursuant to a benefit or compensation program--
``(i) that is widely available to
employees of the member bank; and
``(ii) that does not give
preference to any officer, director, or
principal shareholder of the member
bank, or to any related interest of
such person, over other employees of
the member bank.''.
(b) Exception for Extensions of Credit to Executive
Officers and Directors of Affiliates.--Section 22(h)(8)(B) of
the Federal Reserve Act (12 U.S.C. 375b(8)(B)) is amended to
read as follows:
``(B) Exception.--The Board may, by
regulation, make exceptions to subparagraph (A)
for any executive officer or director of a
subsidiary of a company that controls the
member bank if--
``(i) the executive officer or
director does not have authority to
participate, and does not participate,
in major policymaking functions of the
member bank; and
``(ii) the assets of such
subsidiary do not exceed 10 percent of
the consolidated assets of a company
that controls the member bank and such
subsidiary (and is not controlled by
any other company).''.
SEC. 2212. REPAYMENT OF TREASURY LOAN.
Section 1108 of the Federal Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 3337) is
amended by adding at the end the following new subsection.--
``(c) Repayment of Treasury Loan.--Not later than September
30, 1998, the Appraisal Subcommittee shall repay to the
Secretary of the Treasury the unpaid portion of the $5,000,000
paid to the Appraisal Subcommittee pursuant to this section.''.
SEC. 2213. BRANCH CLOSURES.
Section 42 of the Federal Deposit Insurance Act (12 U.S.C.
1831r-1) is amended by adding at the end the following new
subsection:
``(e) Scope of Application.--This section shall not apply
with respect to--
``(1) an automated teller machine;
``(2) the relocation of a branch or consolidation
of one or more branches into another branch, if the
relocation or consolidation--
``(A) occurs within the immediate
neighborhood; and
``(B) does not substantially affect the
nature of the business or customers served; or
``(3) a branch that is closed in connection with--
``(A) an emergency acquisition under--
``(i) section 11(n); or
``(ii) subsection (f) or (k) of
section 13; or
``(B) any assistance provided by the
Corporation under section 13(c).''.
SEC. 2214. FOREIGN BANKS.
(a) Examination of Branches and Agencies by Board.--Section
7(c) of the International Banking Act of 1978 (12 U.S.C.
3105(c)) is amended--
(1) by striking ``(c)'' and inserting the
following:
``(c) Foreign Bank Examinations and Reporting.--'';
(2) in paragraph (1)(B), by adding at the end the
following new clause:
``(iii) Avoidance of duplication.--
In exercising its authority under this
paragraph, the Board shall take all
reasonable measures to reduce burden
and avoid unnecessary duplication of
examinations.'';
(3) by striking subparagraph (C) of paragraph (1)
and inserting the following:
``(C) On-site examination.--Each Federal
branch or agency, and each State branch or
agency, of a foreign bank shall be subject to
on-site examination by an appropriate Federal
banking agency or State bank supervisor as
frequently as would a national bank or a State
bank, respectively, by the appropriate Federal
banking agency.''; and
(4) in paragraph (1)(D), by inserting before the
period at the end the following: ``, only to the same
extent that fees are collected by the Board for
examination of any State member bank''.
(b) Establishment of Foreign Bank Offices in the United
States.--Section 7(d) of the International Banking Act of 1978
(12 U.S.C. 3105(d)) is amended--
(1) in paragraph (2), by striking ``The Board'' and
inserting ``Except as provided in paragraph (6), the
Board'';
(2) in paragraph (5), by striking ``Consistent with
the standards for approval in paragraph (2), the''; and
inserting ``The''; and
(3) by adding at the end the following new
paragraphs:
``(6) Exception.--
``(A) In general.--If the Board is unable
to find, under paragraph (2), that a foreign
bank is subject to comprehensive supervision or
regulation on a consolidated basis by the
appropriate authorities in its home country,
the Board may nevertheless approve an
application by such foreign bank under
paragraph (1) if--
``(i) the appropriate authorities
in the home country of the foreign bank
are actively working to establish
arrangements for the consolidated
supervision of such bank; and
``(ii) all other factors are
consistent with approval.
``(B) Other considerations.--In deciding
whether to use its discretion under
subparagraph (A), the Board shall also consider
whether the foreign bank has adopted and
implements procedures to combat money
laundering. The Board may also take into
account whether the home country of the foreign
bank is developing a legal regime to address
money laundering or is participating in
multilateral efforts to combat money
laundering.
``(C) Additional conditions.--In approving
an application under this paragraph, the Board,
after requesting and taking into consideration
the views of the appropriate State bank
supervisor or the Comptroller of the Currency,
as the case may be, may impose such conditions
or restrictions relating to the activities or
business operations of the proposed branch,
agency, or commercial lending company
subsidiary, including restrictions on sources
of funding, as are considered appropriate. The
Board shall coordinate with the appropriate
State bank supervisor or the Comptroller of the
Currency, as appropriate, in the implementation
of such conditions or restrictions.
``(D) Modification of conditions.--Any
condition or restriction imposed by the Board
in connection with the approval of an
application under authority of this paragraph
may be modified or withdrawn.
``(7) Time period for board action.--
``(A) Final action.--The Board shall take
final action on any application under paragraph
(1) not later than 180 days after receipt of
the application, except that the Board may
extend for an additional 180 days the period
within which to take final action on such
application after providing notice of, and the
reasons for, the extension to the applicant
foreign bank and any appropriate State bank
supervisor or the Comptroller of the Currency,
as appropriate.
``(B) Failure to submit information.--The
Board may deny any application if it does not
receive information requested from the
applicant foreign bank or appropriate
authorities in the home country of the foreign
bank in sufficient time to permit the Board to
evaluate such information adequately within the
time periods for final action set forth in
subparagraph (A).
``(C) Waiver.--A foreign bank may waive the
applicability of this paragraph with respect to
any application under paragraph (1).''.
(c) Termination of Foreign Bank Offices in the United
States.--Section 7(e)(1)(A) of the International Banking Act of
1978 (12 U.S.C. 3105(e)(1)(A)) is amended--
(1) by inserting ``(i)'' after ``(A)'';
(2) by striking ``or'' at the end and inserting
``and''; and
(3) by adding at the end the following new clause:
``(ii) the appropriate authorities in the
home country of the foreign bank are not making
demonstrable progress in establishing
arrangements for the comprehensive supervision
or regulation of such foreign bank on a
consolidated basis; or''.
SEC. 2215. DISPOSITION OF FORECLOSED ASSETS.
Section 4(c)(2) of the Bank Holding Company Act of 1956 (12
U.S.C. 1843(c)(2)) is amended--
(1) by striking ``for not more than one year at a
time''; and
(2) by striking ``but no such extensions shall
extend beyond a date five years'' and inserting ``and,
in the case of a bank holding company which has not
disposed of such shares within 5 years after the date
on which such shares were acquired, the Board may, upon
the application of such company, grant additional
exemptions if, in the judgment of the Board, such
extension would not be detrimental to the public
interest and, either the bank holding company has made
a good faith attempt to dispose of such shares during
such 5-year period, or the disposal of such shares
during such 5-year period would have been detrimental
to the company, except that the aggregate duration of
such extensions shall not extend beyond 10 years''.
SEC. 2216. EXEMPTION AUTHORITY FOR ANTITYING PROVISION.
(a) Federal Reserve Board Authority.--Section 106(b)(1) of
the Bank Holding Company Act Amendments of 1970 (12 U.S.C.
1972(1)) is amended in the last sentence, by inserting ``and
the prohibitions of section 4(f)(9) and 4(h)(2) of the Bank
Holding Company Act of 1956'' after ``prohibition''.
(b) OTS Authority.--Section 5(q) of the Home Owners' Loan
Act (12 U.S.C. 1464(q)) is amended by adding at the end the
following new paragraph:
``(6) Exceptions.--The Director may, by regulation
or order, permit such exceptions to the prohibitions of
this subsection as the Director considers will not be
contrary to the purposes of this subsection and which
conform to exceptions granted by the Board of Governors
of the Federal Reserve System pursuant to section
106(b) of the Bank Holding Company Act Amendments of
1970.''.
SEC. 2217. FDIC APPROVAL OF NEW STATE BANK POWERS.
Section 24 of the Federal Deposit Insurance Act (12 U.S.C.
1831a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2)
as subparagraphs (A) and (B), respectively, and
indenting appropriately;
(B) by striking ``In general.--'' and
inserting the following: ``Permissible
activities.--
``(1) In general.--''; and
(C) by adding at the end the following new
paragraph:
``(2) Processing period.--
``(A) In general.--The Corporation shall
make a determination under paragraph (1)(A) not
later than 60 days after receipt of a completed
application that may be required under this
subsection.
``(B) Extension of time period.--The
Corporation may extend the 60-day period
referred to in subparagraph (A) for not more
than 30 additional days, and shall notify the
applicant of any such extension.''; and
(2) in subsection (d), by adding at the end the
following new paragraph:
``(3) Processing period.--
``(A) In general.--The Corporation shall
make a determination under paragraph (1)(A) not
later than 60 days after receipt of a completed
application that may be required under this
subsection.
``(B) Extension of time period.--The
Corporation may extend the 60-day period
referred to in subparagraph (A) for not more
than 30 additional days, and shall notify the
applicant of any such extension.''.
CHAPTER 2--ELIMINATING UNNECESSARY REGULATORY BURDENS
SEC. 2221. SMALL BANK EXAMINATION CYCLE.
Section 10(d) of the Federal Deposit Insurance Act (12
U.S.C. 1820(d)) is amended--
(1) by redesignating the second paragraph
designated as paragraph (8) as paragraph (10), and by
inserting that paragraph, as redesignated, immediately
after paragraph (9); and
(2) in paragraph (10), as redesignated, by striking
``$175,000,000'' and inserting ``$250,000,000''.
SEC. 2222. REQUIRED REVIEW OF REGULATIONS.
(a) In General.--Not less frequently than once every 10
years, the Council and each appropriate Federal banking agency
represented on the Council shall conduct a review of all
regulations prescribed by the Council or by any such
appropriate Federal banking agency, respectively, in order to
identify outdated or otherwise unnecessary regulatory
requirements imposed on insured depository institutions.
(b) Process.--In conducting the review under subsection
(a), the Council or the appropriate Federal banking agency
shall--
(1) categorize the regulations described in
subsection (a) by type (such as consumer regulations,
safety and soundness regulations, or such other
designations as determined by the Council, or the
appropriate Federal banking agency); and
(2) at regular intervals, provide notice and
solicit public comment on a particular category or
categories of regulations, requesting commentators to
identify areas of the regulations that are outdated,
unnecessary, or unduly burdensome.
(c) Complete Review.--The Council or the appropriate
Federal banking agency shall ensure that the notice and comment
period described in subsection (b)(2) is conducted with respect
to all regulations described in subsection (a) not less
frequently than once every 10 years.
(d) Regulatory Response.--The Council or the appropriate
Federal banking agency shall--
(1) publish in the Federal Register a summary of
the comments received under this section, identifying
significant issues raised and providing comment on such
issues; and
(2) eliminate unnecessary regulations to the extent
that such action is appropriate.
(e) Report to Congress.--Not later than 30 days after
carrying out subsection (d)(1), the Council shall submit to the
Congress a report, which shall include--
(1) a summary of any significant issues raised by
public comments received by the Council and the
appropriate Federal banking agencies under this section
and the relative merits of such issues; and
(2) an analysis of whether the appropriate Federal
banking agency involved is able to address the
regulatory burdens associated with such issues by
regulation, or whether such burdens must be addressed
by legislative action.
SEC. 2223. REPEAL OF IDENTIFICATION OF NONBANK FINANCIAL INSTITUTION
CUSTOMERS.
Subchapter II of chapter 53 of title 31, United States
Code, is amended--
(1) by striking section 5327;
(2) in the chapter analysis, by striking the item
relating to section 5327; and
(3) in section 5321(a), by striking paragraph (7).
SEC. 2224. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) FDIA.--Section 477 of the Federal Deposit Insurance
Corporation Improvement Act of 1991 (12 U.S.C. 251) is
repealed.
(b) FIRREA.--Section 918 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833
note) is repealed.
(c) ILS.--Section 913 of the International Lending
Supervision Act of 1983 (12 U.S.C. 3912) is repealed.
SEC. 2225. INCREASE IN HOME MORTGAGE DISCLOSURE EXEMPTION THRESHOLD.
(a) In General.--Section 309 of the Home Mortgage
Disclosure Act of 1975 (12 U.S.C. 2808) is amended--
(1) by striking ``This title'' and inserting ``(a)
In General.--This title'';
(2) in the 3d sentence, by inserting ``(as
determined without regard to the adjustment made by
subsection (b))'' before the period; and
(2) by adding at the end the following new
subsection:
``(b) CPI Adjustments.--
``(1) In general.--Subject to paragraph (2), the
dollar amount applicable with respect to institutions
described in section 303(2)(A) under the 2d sentence of
subsection (a) shall be adjusted annually after
December 31, 1996, by the annual percentage increase in
the Consumer Price Index for Urban Wage Earners and
Clerical Workers published by the Bureau of Labor
Statistics.
``(2) 1-time adjustment for prior inflation.--The
first adjustment made under paragraph (1) after the
date of the enactment of the Economic Growth and
Regulatory Paperwork Reduction Act of 1996 shall be the
percentage by which--
``(A) the Consumer Price Index described in
such paragraph for the calendar year 1996,
exceeds
``(B) such Consumer Price Index for the
calendar year 1975.
``(3) Rounding.--The dollar amount applicable under
paragraph (1) for any calendar year shall be the amount
determined in accordance with subparagraphs (A) and (B)
of paragraph (2) and rounded to the nearest multiple of
$1,000,000.''.
(b) Opportunity To Reduce Compliance Burden.--Section 304
of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803) is
amended by adding at the end the following new subsection:
``(m) Opportunity To Reduce Compliance Burden.--
``(1) In general.--
``(A) Satisfaction of public availability
requirements.--A depository institution shall
be deemed to have satisfied the public
availability requirements of subsection (a) if
the institution compiles the information
required under that subsection at the home
office of the institution and provides notice
at the branch locations specified in subsection
(a) that such information is available from the
home office of the institution upon written
request.
``(B) Provision of information upon
request.--Not later than 15 days after the
receipt of a written request for any
information required to be compiled under
subsection (a), the home office of the
depository institution receiving the request
shall provide the information pertinent to the
location of the branch in question to the
person requesting the information.
``(2) Form of information.--In complying with
paragraph (1), a depository institution shall, in the
sole discretion of the institution, provide the person
requesting the information with--
``(A) a paper copy of the information
requested; or
``(B) if acceptable to the person, the
information through a form of electronic
medium, such as a computer disk.''.
SEC. 2226. ELIMINATION OF STOCK LOAN REPORTING REQUIREMENT.
Section 7(j) of the Federal Deposit Insurance Act (12
U.S.C. 1817(j)) is amended--
(1) in paragraph (9)(A)--
(A) by striking ``financial institution and
any affiliate of any financial institution''
and inserting ``foreign bank, or any affiliate
thereof,''; and
(B) by striking ``by the financial
institution and such institution's affiliates''
and inserting ``by the foreign bank or any
affiliate thereof'';
(2) in paragraph (9)(B)--
(A) by striking ``paragraph--'' and
inserting ``paragraph, the following
definitions shall apply:'';
(B) by striking clause (i) and inserting
the following:
``(i) Foreign bank.--The terms
`foreign bank' and `affiliate' have the
same meanings as in section 1 of the
International Banking Act of 1978.'';
and
(C) in clause (iii), by striking
``financial institution'' and inserting
``foreign bank or any affiliate thereof'';
(3) in paragraph (9)(C)--
(A) by striking ``financial institution or
any of its affiliates'' and inserting ``foreign
bank or any affiliate thereof''; and
(B) by striking ``financial institution or
its affiliates'' and inserting ``foreign bank
or any affiliate thereof'';
(4) in paragraph (9)(D)--
(A) in clause (i)--
(i) by striking ``the financial
institution and all affiliates of the
institution'' and inserting ``the
foreign bank and all affiliates
thereof''; and
(ii) by striking ``financial
institution or any such affiliate'' and
inserting ``foreign bank or affiliate
thereof'';
(B) in clause (ii), by striking ``financial
institution and any affiliate of such
institution'' and inserting ``foreign bank and
any affiliate thereof''; and
(C) in clause (iii), by striking
``financial institution'' and inserting
``foreign bank or any affiliate thereof''; and
(5) in paragraph (9)(E)--
(A) in clause (i)--
(i) by striking ``a financial
institution and the affiliates of such
institution'' and inserting ``a foreign
bank or any affiliate thereof''; and
(ii) by striking ``institution or
affiliate'' each place such term
appears and inserting ``foreign bank or
any affiliate thereof''; and
(B) in clause (ii), by striking ``financial
institution and any affiliate of such
institution'' and inserting ``foreign bank and
any affiliate thereof''.
SEC. 2227. CREDIT AVAILABILITY ASSESSMENT.
(a) Study.--
(1) In general.--Not later than 12 months after the
date of enactment of this Act, and once every 60 months
thereafter, the Board, in consultation with the
Director of the Office of Thrift Supervision, the
Comptroller of the Currency, the Board of Directors of
the Corporation, the Administrator of the National
Credit Union Administration, the Administrator of the
Small Business Administration, and the Secretary of
Commerce, shall conduct a study and submit a report to
the Congress detailing the extent of small business
lending by all creditors.
(2) Contents of study.--The study required under
paragraph (1) shall identify, to the extent
practicable, those factors which provide policymakers
with insights into the small business credit market,
including--
(A) the demand for small business credit,
including consideration of the impact of
economic cycles on the levels of such demand;
(B) the availability of credit to small
businesses;
(C) the range of credit options available
to small businesses, such as those available
from insured depository institutions and other
providers of credit;
(D) the types of credit products used to
finance small business operations, including
the use of traditional loans, leases, lines of
credit, home equity loans, credit cards, and
other sources of financing;
(E) the credit needs of small businesses,
including, if appropriate, the extent to which
such needs differ, based upon product type,
size of business, cash flow requirements,
characteristics of ownership or investors, or
other aspects of such business;
(F) the types of risks to creditors in
providing credit to small businesses; and
(G) such other factors as the Board deems
appropriate.
(b) Use of Existing Data.--The studies required by this
section shall not increase the regulatory or paperwork burden
on regulated financial institutions, other sources of small
business credit, or small businesses.
CHAPTER 3--REGULATORY MICROMANAGEMENT RELIEF
SEC. 2241. NATIONAL BANK DIRECTORS.
Section 5146 of the Revised Statutes of the United States
(12 U.S.C. 72) is amended in the first sentence, by striking
``except'' and all that follows through the end of the sentence
and inserting the following: ``except that the Comptroller may,
in the discretion of the Comptroller, waive the requirement of
residency.''.
SEC. 2242. PAPERWORK REDUCTION REVIEW.
Section 303(a) of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4803(a)) is
amended--
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(2) by inserting after paragraph (1) the following
new paragraph:
``(2) review the extent to which existing
regulations require insured depository institutions and
insured credit unions to produce unnecessary internal
written policies and eliminate such requirements, where
appropriate;''.
SEC. 2243. STATE BANK REPRESENTATION ON BOARD OF DIRECTORS OF THE FDIC.
Section 2(a)(1)(C) of the Federal Deposit Insurance Act (12
U.S.C. 1812(a)(1)(C)) is amended by inserting before the period
``, 1 of whom shall have State bank supervisory experience''.
SEC. 2244. CONSULTATION AMONG EXAMINERS.
(a) In General.--Section 10 of the Federal Deposit
Insurance Act (12 U.S.C. 1820) is amended by adding at the end
the following new subsection:
``(j) Consultation Among Examiners.--
``(1) In general.--Each appropriate Federal banking
agency shall take such action as may be necessary to
ensure that examiners employed by the agency--
``(A) consult on examination activities
with respect to any depository institution; and
``(B) achieve an agreement and resolve any
inconsistencies in the recommendations to be
given to such institution as a consequence of
any examinations.
``(2) Examiner-in-charge.--Each appropriate Federal
banking agency shall consider appointing an examiner-
in-charge with respect to a depository institution to
ensure consultation on examination activities among all
of the examiners of that agency involved in
examinations of the institution.''.
(b) Coordinated and Unified Examination Flexibility.--
Section 10(d)(6)(B) of the Federal Deposit Insurance Act (12
U.S.C. 1820(d)(6)(B)) is amended by inserting ``or State bank
supervisors'' after ``one of the Federal agencies''.
Subtitle C--Regulatory Impact on Cost of Credit and Credit Availability
SEC. 2301. AUDIT COSTS.
(a) Auditor Attestations.--Section 36 of the Federal
Deposit Insurance Act (12 U.S.C. 1831m) is amended by striking
subsection (e) and inserting the following:
``(e) [Repealed]''.
(b) Independent Audit Committees.--Section 36(g)(1) of the
Federal Deposit Insurance Act (12 U.S.C. 1831m(g)(1)) is
amended--
(1) in subparagraph (A), by inserting ``, except as
provided in subparagraph (D)'' after ``management of
the institution''; and
(2) by adding at the end the following new
subparagraph:
``(D) Exemption authority.--
``(i) In general.--An appropriate
Federal banking agency may, by order or
regulation, permit the independent
audit committee of an insured
depository institution to be made up of
less than all, but no fewer than a
majority of, outside directors, if the
agency determines that the institution
has encountered hardships in retaining
and recruiting a sufficient number of
competent outside directors to serve on
the internal audit committee of the
institution.
``(ii) Factors to be considered.--
In determining whether an insured
depository institution has encountered
hardships referred to in clause (i),
the appropriate Federal banking agency
shall consider factors such as the size
of the institution, and whether the
institution has made a good faith
effort to elect or name additional
competent outside directors to the
board of directors of the institution
who may serve on the internal audit
committee.''.
(c) Public Availability.--Section 36(a)(3) of the Federal
Deposit Insurance Act (12 U.S.C. 1831m(a)(3)) is amended by
adding at the end the following: ``Notwithstanding the
preceding sentence, the Corporation and the appropriate Federal
banking agencies may designate certain information as
privileged and confidential and not available to the public.''.
SEC. 2302. INCENTIVES FOR SELF-TESTING.
(a) Equal Credit Opportunity.--
(1) In general.--The Equal Credit Opportunity Act
(15 U.S.C. 1691 et seq.) is amended by inserting after
section 704 the following new section:
``SEC. 704A. INCENTIVES FOR SELF-TESTING AND SELF-CORRECTION.
``(a) Privileged Information.--
``(1) Conditions for privilege.--A report or result
of a self-test (as that term is defined by regulations
of the Board) shall be considered to be privileged
under paragraph (2) if a creditor--
``(A) conducts, or authorizes an
independent third party to conduct, a self-test
of any aspect of a credit transaction by a
creditor, in order to determine the level or
effectiveness of compliance with this title by
the creditor; and
``(B) has identified any possible violation
of this title by the creditor and has taken, or
is taking, appropriate corrective action to
address any such possible violation.
``(2) Privileged self-test.--If a creditor meets
the conditions specified in subparagraphs (A) and (B)
of paragraph (1) with respect to a self-test described
in that paragraph, any report or results of that self-
test--
``(A) shall be privileged; and
``(B) may not be obtained or used by any
applicant, department, or agency in any--
``(i) proceeding or civil action in
which one or more violations of this
title are alleged; or
``(ii) examination or investigation
relating to compliance with this title.
``(b) Results of Self-Testing.--
``(1) In general.--No provision of this section may
be construed to prevent an applicant, department, or
agency from obtaining or using a report or results of
any self-test in any proceeding or civil action in
which a violation of this title is alleged, or in any
examination or investigation of compliance with this
title if--
``(A) the creditor or any person with
lawful access to the report or results--
``(i) voluntarily releases or
discloses all, or any part of, the
report or results to the applicant,
department, or agency, or to the
general public; or
``(ii) refers to or describes the
report or results as a defense to
charges of violations of this title
against the creditor to whom the self-
test relates; or
``(B) the report or results are sought in
conjunction with an adjudication or admission
of a violation of this title for the sole
purpose of determining an appropriate penalty
or remedy.
``(2) Disclosure for determination of penalty or
remedy.--Any report or results of a self-test that are
disclosed for the purpose specified in paragraph
(1)(B)--
``(A) shall be used only for the particular
proceeding in which the adjudication or
admission referred to in paragraph (1)(B) is
made; and
``(B) may not be used in any other action
or proceeding.
``(c) Adjudication.--An applicant, department, or agency
that challenges a privilege asserted under this section may
seek a determination of the existence and application of that
privilege in--
``(1) a court of competent jurisdiction; or
``(2) an administrative law proceeding with
appropriate jurisdiction.''.
(2) Regulations.--
(A) In general.--Not later than 6 months
after the date of enactment of this Act, in
consultation with the Secretary of Housing and
Urban Development and the agencies referred to
in section 704 of the Equal Credit Opportunity
Act, and after providing notice and an
opportunity for public comment, the Board shall
prescribe final regulations to implement
section 704A of the Equal Credit Opportunity
Act, as added by this section.
(B) Self-test.--
(i) Definition.--The regulations
prescribed under subparagraph (A) shall
include a definition of the term
``self-test'' for purposes of section
704A of the Equal Credit Opportunity
Act, as added by this section.
(ii) Requirement for self-test.--
The regulations prescribed under
subparagraph (A) shall specify that a
self-test shall be sufficiently
extensive to constitute a determination
of the level and effectiveness of
compliance by a creditor with the Equal
Credit Opportunity Act.
(iii) Substantial similarity to
certain fair housing act regulations.--
The regulations prescribed under
subparagraph (A) shall be substantially
similar to the regulations prescribed
by the Secretary of Housing and Urban
Development to carry out section
814A(d) of the Fair Housing Act, as
added by this section.
(3) Clerical amendment.--The table of sections for
title VII of the Consumer Credit Protection Act is
amended by inserting after the item relating to section
704 the following new item:
``704A. Incentives for self-testing and self-correction.''.
(b) Fair Housing.--
(1) In general.--The Fair Housing Act (42 U.S.C.
3601 et seq.) is amended by inserting after section 814
the following new section:
``SEC. 814A. INCENTIVES FOR SELF-TESTING AND SELF-CORRECTION.
``(a) Privileged Information.--
``(1) Conditions for privilege.--A report or result
of a self-test (as that term is defined by regulation
of the Secretary) shall be considered to be privileged
under paragraph (2) if any person--
``(A) conducts, or authorizes an
independent third party to conduct, a self-test
of any aspect of a residential real estate
related lending transaction of that person, or
any part of that transaction, in order to
determine the level or effectiveness of
compliance with this title by that person; and
``(B) has identified any possible violation
of this title by that person and has taken, or
is taking, appropriate corrective action to
address any such possible violation.
``(2) Privileged self-test.--If a person meets the
conditions specified in subparagraphs (A) and (B) of
paragraph (1) with respect to a self-test described in
that paragraph, any report or results of that self-
test--
``(A) shall be privileged; and
``(B) may not be obtained or used by any
applicant, department, or agency in any--
``(i) proceeding or civil action in
which one or more violations of this
title are alleged; or
``(ii) examination or investigation
relating to compliance with this title.
``(b) Results of Self-Testing.--
``(1) In general.--No provision of this section may
be construed to prevent an aggrieved person,
complainant, department, or agency from obtaining or
using a report or results of any self-test in any
proceeding or civil action in which a violation of this
title is alleged, or in any examination or
investigation of compliance with this title if--
``(A) the person to whom the self-test
relates or any person with lawful access to the
report or the results--
``(i) voluntarily releases or
discloses all, or any part of, the
report or results to the aggrieved
person, complainant, department, or
agency, or to the general public; or
``(ii) refers to or describes the
report or results as a defense to
charges of violations of this title
against the person to whom the self-
test relates; or
``(B) the report or results are sought in
conjunction with an adjudication or admission
of a violation of this title for the sole
purpose of determining an appropriate penalty
or remedy.
``(2) Disclosure for determination of penalty or
remedy.--Any report or results of a self-test that are
disclosed for the purpose specified in paragraph
(1)(B)--
``(A) shall be used only for the particular
proceeding in which the adjudication or
admission referred to in paragraph (1)(B) is
made; and
``(B) may not be used in any other action
or proceeding.
``(c) Adjudication.--An aggrieved person, complainant,
department, or agency that challenges a privilege asserted
under this section may seek a determination of the existence
and application of that privilege in--
``(1) a court of competent jurisdiction; or
``(2) an administrative law proceeding with
appropriate jurisdiction.''.
(2) Regulations.--
(A) In general.--Not later than 6 months
after the date of enactment of this Act, in
consultation with the Board and after providing
notice and an opportunity for public comment,
the Secretary of Housing and Urban Development
shall prescribe final regulations to implement
section 814A of the Fair Housing Act, as added
by this section.
(B) Self-test.--
(i) Definition.--The regulations
prescribed by the Secretary under
subparagraph (A) shall include a
definition of the term ``self-test''
for purposes of section 814A of the
Fair Housing Act, as added by this
section.
(ii) Requirement for self-test.--
The regulations prescribed by the
Secretary under subparagraph (A) shall
specify that a self-test shall be
sufficiently extensive to constitute a
determination of the level and
effectiveness of the compliance by a
person engaged in residential real
estate related lending activities with
the Fair Housing Act.
(iii) Substantial similarity to
certain equal credit opportunity act
regulations.--The regulations
prescribed under subparagraph (A) shall
be substantially similar to the
regulations prescribed by the Board to
carry out section 704A of the Equal
Credit Opportunity Act, as added by
this section.
(c) Applicability.--
(1) In general.--Except as provided in paragraph
(2), the privilege provided for in section 704A of the
Equal Credit Opportunity Act or section 814A of the
Fair Housing Act (as those sections are added by this
section) shall apply to a self-test (as that term is
defined pursuant to the regulations prescribed under
subsection (a)(2) or (b)(2) of this section, as
appropriate) conducted before, on, or after the
effective date of the regulations prescribed under
subsection (a)(2) or (b)(2), as appropriate.
(2) Exception.--The privilege referred to in
paragraph (1) does not apply to such a self-test
conducted before the effective date of the regulations
prescribed under subsection (a) or (b), as appropriate,
if--
(A) before that effective date, a complaint
against the creditor or person engaged in
residential real estate related lending
activities (as the case may be) was--
(i) formally filed in any court of
competent jurisdiction; or
(ii) the subject of an ongoing
administrative law proceeding;
(B) in the case of section 704A of the
Equal Credit Opportunity Act, the creditor has
waived the privilege pursuant to subsection
(b)(1)(A)(i) of that section; or
(C) in the case of section 814A of the Fair
Housing Act, the person engaged in residential
real estate related lending activities has
waived the privilege pursuant to subsection
(b)(1)(A)(i) of that section.
SEC. 2303. QUALIFIED THRIFT INVESTMENT AMENDMENTS.
(a) Credit Cards.--Section 5(b) of the Home Owners' Loan
Act (12 U.S.C. 1464(b)) is amended--
(1) by striking paragraph (4); and
(2) by redesignating paragraph (5) as paragraph
(4).
(b) Loans or Investments Without Percentage of Assets
Limitation.--Section 5(c)(1) of the Home Owners' Loan Act (12
U.S.C. 1464(c)(1)) is amended by adding at the end the
following new subparagraphs:
``(T) Credit card loans.--Loans made
through credit cards or credit card accounts.
``(U) Educational loans.--Loans made for
the payment of educational expenses.''.
(c) Commercial and Other Loans.--Section 5(c)(2)(A) of the
Home Owners' Loan Act (12 U.S.C. 1464(c)(2)(A)) is amended to
read as follows:
``(A) Commercial and other loans.--Secured
or unsecured loans for commercial, corporate,
business, or agricultural purposes. The
aggregate amount of loans made under this
subparagraph may not exceed 20 percent of the
total assets of the Federal savings
association, and amounts in excess of 10
percent of such total assets may be used under
this subparagraph only for small business
loans, as that term is defined by the
Director.''.
(d) Loans or Investments Limited to 5 Percent of Assets.--
Section 5(c)(3) of the Home Owners' Loan Act (12 U.S.C.
1464(c)(3)) is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B), (C), and
(D) as subparagraphs (A), (B), and (C), respectively.
(e) Qualified Thrift Lender Test.--Section 10(m)(1) of the
Home Owners' Loan Act (12 U.S.C. 1467a(m)(1)) is amended--
(1) by redesignating subparagraph (B) as clause
(ii);
(2) in subparagraph (A), by striking ``(A) the
savings'' and inserting ``(B)(i) the savings''; and
(3) by inserting after ``if--'' the following new
subparagraph:
``(A) the savings association qualifies as
a domestic building and loan association, as
such term is defined in section 7701(a)(19) of
the Internal Revenue Code of 1986; or''.
(f) Branching.--Section 5(r) of the Home Owners' Loan Act
(12 U.S.C. 1464(r)) is amended--
(1) in paragraph (1)--
(A) in the first sentence--
(i) by inserting before the period
``, or qualifies as a qualified thrift
lender, as determined under section
10(m) of this Act''; and
(ii) by striking ``(c)'' and
inserting ``(C)''; and
(B) in the second sentence, by inserting
before the period ``or as a qualified thrift
lender, as determined under section 10(m) of
this Act, as applicable''; and
(2) in paragraph (2), by striking subparagraph (C)
and inserting the following:
``(C) the law of the State where the branch is
located, or is to be located, would permit
establishment of the branch if the association was a
savings association or savings bank chartered by the
State in which its home office is located; or''.
(g) Definition.--Section 10(m)(4) of the Home Owners' Loan
Act (12 U.S.C. 1467a(m)(4)) is amended--
(1) by striking ``subsection--'' and inserting
``subsection, the following definitions shall apply:'';
(2) in subparagraph (C)--
(A) in clause (ii), by adding at the end
the following new subclause:
``(VII) Loans for
educational purposes, loans to
small businesses, and loans
made through credit cards or
credit card accounts.''; and
(B) in clause (iii), by striking subclause
(VI) and inserting the following:
``(VI) Loans for personal,
family, or household purposes
(other than loans for personal,
family, or household purposes
described in clause
(ii)(VII)).''; and
(3) by adding at the end the following new
subparagraphs:
``(D) Credit card.--The Director shall
issue such regulations as may be necessary to
define the term `credit card'.
``(E) Small business.--The Director shall
issue such regulations as may be necessary to
define the term `small business'.''.
SEC. 2304. LIMITED PURPOSE BANKS.
(a) Growth Cap Relief.--Section 4(f)(3)(B) of the Bank
Holding Company Act of 1956 (12 U.S.C. 1843(f)(3)(B)) is
amended--
(1) in clause (ii), by adding ``or'' at the end;
(2) in clause (iii), by striking ``; or'' at the
end and inserting a period; and
(3) by striking clause (iv).
(b) Limited Purpose Bank Exception.--Section 2(c)(2)(F) of
the Bank Holding Company Act of 1956 (12 U.S.C. 1841(c)(2)(F))
is amended by inserting ``, including an institution that
accepts collateral for extensions of credit by holding deposits
under $100,000, and by other means'' after ``An institution''.
SEC. 2305. AMENDMENT TO FAIR DEBT COLLECTION PRACTICES ACT.
(a) In General.--Section 807(11) of the Fair Debt
Collection Practices Act (15 U.S.C. 1692e(11)) is amended to
read as follows:
``(11) The failure to disclose in the initial
written communication with the consumer and, in
addition, if the initial communication with the
consumer is oral, in that initial oral communication,
that the debt collector is attempting to collect a debt
and that any information obtained will be used for that
purpose, and the failure to disclose in subsequent
communications that the communication is from a debt
collector, except that this paragraph shall not apply
to a formal pleading made in connection with a legal
action.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 90 days after the date of enactment of this
Act and shall apply to all communications made after that date
of enactment.
SEC. 2306. INCREASE IN CERTAIN CREDIT UNION LOAN CEILINGS.
Section 107(5)(A) of the Federal Credit Union Act (12
U.S.C. 1757(5)(A)) is amended--
(1) in clause (iv), by striking ``$10,000'' and
inserting ``$20,000''; and
(2) in clause (v), by striking ``$10,000'' and
inserting ``$20,000''.
SEC. 2307. BANK INVESTMENTS IN EDGE ACT AND AGREEMENT CORPORATIONS.
The 10th undesignated paragraph of section 25A of the
Federal Reserve Act (12 U.S.C. 618) is amended by striking the
last sentence and inserting the following: ``Any national bank
may invest in the stock of any corporation organized under this
section. The aggregate amount of stock held by any national
bank in all corporations engaged in business of the kind
described in this section or section 25 shall not exceed an
amount equal to 10 percent of the capital and surplus of such
bank unless the Board determines that the investment of an
additional amount by the bank would not be unsafe or unsound
and, in any case, shall not exceed an amount equal to 20
percent of the capital and surplus of such bank.''.
Subtitle D--Consumer Credit
CHAPTER 1--CREDIT REPORTING REFORM
SEC. 2401. SHORT TITLE.
This chapter may be cited as the ``Consumer Credit
Reporting Reform Act of 1996''.
SEC. 2402. DEFINITIONS.
(a) Adverse Action.--Section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a) is amended by adding at the end
the following new subsection:
``(k) Adverse Action.--
``(1) Actions included.--The term `adverse
action'--
``(A) has the same meaning as in section
701(d)(6) of the Equal Credit Opportunity Act;
and
``(B) means--
``(i) a denial or cancellation of,
an increase in any charge for, or a
reduction or other adverse or
unfavorable change in the terms of
coverage or amount of, any insurance,
existing or applied for, in connection
with the underwriting of insurance;
``(ii) a denial of employment or
any other decision for employment
purposes that adversely affects any
current or prospective employee;
``(iii) a denial or cancellation
of, an increase in any charge for, or
any other adverse or unfavorable change
in the terms of, any license or benefit
described in section 604(a)(3)(D); and
``(iv) an action taken or
determination that is--
``(I) made in connection
with an application that was
made by, or a transaction that
was initiated by, any consumer,
or in connection with a review
of an account under section
604(a)(3)(F)(ii); and
``(II) adverse to the
interests of the consumer.
``(2) Applicable findings, decisions, commentary,
and orders.--For purposes of any determination of
whether an action is an adverse action under paragraph
(1)(A), all appropriate final findings, decisions,
commentary, and orders issued under section 701(d)(6)
of the Equal Credit Opportunity Act by the Board of
Governors of the Federal Reserve System or any court
shall apply.''.
(b) Firm Offer of Credit or Insurance.--Section 603 of the
Fair Credit Reporting Act (15 U.S.C. 1681a) (as amended by
subsection (a) of this section) is amended by adding at the end
the following new subsection:
``(l) Firm Offer of Credit or Insurance.--The term `firm
offer of credit or insurance' means any offer of credit or
insurance to a consumer that will be honored if the consumer is
determined, based on information in a consumer report on the
consumer, to meet the specific criteria used to select the
consumer for the offer, except that the offer may be further
conditioned on one or more of the following:
``(1) The consumer being determined, based on
information in the consumer's application for the
credit or insurance, to meet specific criteria bearing
on credit worthiness or insurability, as applicable,
that are established--
``(A) before selection of the consumer for
the offer; and
``(B) for the purpose of determining
whether to extend credit or insurance pursuant
to the offer.
``(2) Verification--
``(A) that the consumer continues to meet
the specific criteria used to select the
consumer for the offer, by using information in
a consumer report on the consumer, information
in the consumer's application for the credit or
insurance, or other information bearing on the
credit worthiness or insurability of the
consumer; or
``(B) of the information in the consumer's
application for the credit or insurance, to
determine that the consumer meets the specific
criteria bearing on credit worthiness or
insurability.
``(3) The consumer furnishing any collateral that
is a requirement for the extension of the credit or
insurance that was--
``(A) established before selection of the
consumer for the offer of credit or insurance;
and
``(B) disclosed to the consumer in the
offer of credit or insurance.''.
(c) Credit or Insurance Transaction That Is Not Initiated
by the Consumer.--Section 603 of the Fair Credit Reporting Act
(15 U.S.C. 1681a) (as amended by subsection (b) of this
section) is amended by adding at the end the following new
subsection:
``(m) Credit or Insurance Transaction That Is Not Initiated
by the Consumer.--The term `credit or insurance transaction
that is not initiated by the consumer' does not include the use
of a consumer report by a person with which the consumer has an
account or insurance policy, for purposes of--
``(1) reviewing the account or insurance policy; or
``(2) collecting the account.''.
(d) State.--Section 603 of the Fair Credit Reporting Act
(15 U.S.C. 1681a) (as amended by subsection (c) of this
section) is amended by adding at the end the following new
subsection:
``(n) State.--The term `State' means any State, the
Commonwealth of Puerto Rico, the District of Columbia, and any
territory or possession of the United States.''.
(e) Definition of Consumer Report.--Section 603(d) of the
Fair Credit Reporting Act (15 U.S.C. 1681a(d)) is amended--
(1) by striking ``(d) The term'' and inserting the
following:
``(d) Consumer Report.--
``(1) In general.--The term'';
(2) by striking ``for (1) credit'' and inserting
the following: ``for--
``(A) credit'';
(3) by striking ``purposes, or (2)'' and all that
follows through ``section 604.'' and inserting the
following: ``purposes;
``(B) employment purposes; or
``(C) any other purpose authorized under
section 604.''; and
(4) by striking the second sentence and inserting
the following:
``(2) Exclusions.--The term `consumer report' does
not include--
``(A) any--
``(i) report containing information
solely as to transactions or
experiences between the consumer and
the person making the report;
``(ii) communication of that
information among persons related by
common ownership or affiliated by
corporate control; or
``(iii) any communication of other
information among persons related by
common ownership or affiliated by
corporate control, if it is clearly and
conspicuously disclosed to the consumer
that the information may be
communicated among such persons and the
consumer is given the opportunity,
before the time that the information is
initially communicated, to direct that
such information not be communicated
among such persons;
``(B) any authorization or approval of a
specific extension of credit directly or
indirectly by the issuer of a credit card or
similar device;
``(C) any report in which a person who has
been requested by a third party to make a
specific extension of credit directly or
indirectly to a consumer conveys his or her
decision with respect to such request, if the
third party advises the consumer of the name
and address of the person to whom the request
was made, and such person makes the disclosures
to the consumer required under section 615; or
``(D) a communication described in
subsection (o).''.
(f) Exclusion of Certain Communications by Employment
Agencies From Definition of Consumer Report.--Section 603 of
the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by
adding at the end the following new subsection:
``(o) Excluded Communications.--A communication is
described in this subsection if it is a communication--
``(1) that, but for subsection (d)(2)(E), would be
an investigative consumer report;
``(2) that is made to a prospective employer for
the purpose of--
``(A) procuring an employee for the
employer; or
``(B) procuring an opportunity for a
natural person to work for the employer;
``(3) that is made by a person who regularly
performs such procurement;
``(4) that is not used by any person for any
purpose other than a purpose described in subparagraph
(A) or (B) of paragraph (2); or
``(5) with respect to which--
``(A) the consumer who is the subject of
the communication--
``(i) consents orally or in writing
to the nature and scope of the
communication, before the collection of
any information for the purpose of
making the communication;
``(ii) consents orally or in
writing to the making of the
communication to a prospective
employer, before the making of the
communication; and
``(iii) in the case of consent
under clause (i) or (ii) given orally,
is provided written confirmation of
that consent by the person making the
communication, not later than 3
business days after the receipt of the
consent by that person;
``(B) the person who makes the
communication does not, for the purpose of
making the communication, make any inquiry that
if made by a prospective employer of the
consumer who is the subject of the
communication would violate any applicable
Federal or State equal employment opportunity
law or regulation; and
``(C) the person who makes the
communication--
``(i) discloses in writing to the
consumer who is the subject of the
communication, not later than 5
business days after receiving any
request from the consumer for such
disclosure, the nature and substance of
all information in the consumer's file
at the time of the request, except that
the sources of any information that is
acquired solely for use in making the
communication and is actually used for
no other purpose, need not be disclosed
other than under appropriate discovery
procedures in any court of competent
jurisdiction in which an action is
brought; and
``(ii) notifies the consumer who is
the subject of the communication, in
writing, of the consumer's right to
request the information described in
clause (i).''.
(g) Consumer Reporting Agency That Compiles and Maintains
Files on a Nationwide Basis.--Section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a) (as amended by subsection (f)
of this section) is amended by adding at the end the following
new subsection:
``(p) Consumer Reporting Agency That Compiles and Maintains
Files on Consumers on a Nationwide Basis.--The term `consumer
reporting agency that compiles and maintains files on consumers
on a nationwide basis' means a consumer reporting agency that
regularly engages in the practice of assembling or evaluating,
and maintaining, for the purpose of furnishing consumer reports
to third parties bearing on a consumer's credit worthiness,
credit standing, or credit capacity, each of the following
regarding consumers residing nationwide:
``(1) Public record information.
``(2) Credit account information from persons who
furnish that information regularly and in the ordinary
course of business.''.
SEC. 2403. FURNISHING CONSUMER REPORTS; USE FOR EMPLOYMENT PURPOSES.
(a) Furnishing Consumer Reports for Business
Transactions.--Section 604 of the Fair Credit Reporting Act (15
U.S.C. 1681b) is amended--
(1) by inserting ``(a) In General.--'' before ``A
consumer reporting agency''; and
(2) in subsection (a)(3) (as so designated by
paragraph (1) of this subsection), by striking
subparagraph (E) and inserting the following:
``(E) intends to use the information, as a
potential investor or servicer, or current
insurer, in connection with a valuation of, or
an assessment of the credit or prepayment risks
associated with, an existing credit obligation;
or
``(F) otherwise has a legitimate business
need for the information--
``(i) in connection with a business
transaction that is initiated by the
consumer; or
``(ii) to review an account to
determine whether the consumer
continues to meet the terms of the
account.''.
(b) Furnishing and Using Consumer Reports for Employment
Purposes.--Section 604 of the Fair Credit Reporting Act (15
U.S.C. 1681b) is amended by adding at the end the following new
subsection:
``(b) Conditions for Furnishing and Using Consumer Reports
for Employment Purposes.--
``(1) Certification from user.--A consumer
reporting agency may furnish a consumer report for
employment purposes only if--
``(A) the person who obtains such report
from the agency certifies to the agency that--
``(i) the person has complied with
paragraph (2) with respect to the
consumer report, and the person will
comply with paragraph (3) with respect
to the consumer report if paragraph (3)
becomes applicable; and
``(ii) information from the
consumer report will not be used in
violation of any applicable Federal or
State equal employment opportunity law
or regulation; and
``(B) the consumer reporting agency
provides with the report a summary of the
consumer's rights under this title, as
prescribed by the Federal Trade Commission
under section 609(c)(3).
``(2) Disclosure to consumer.--A person may not
procure a consumer report, or cause a consumer report
to be procured, for employment purposes with respect to
any consumer, unless--
``(A) a clear and conspicuous disclosure
has been made in writing to the consumer at any
time before the report is procured or caused to
be procured, in a document that consists solely
of the disclosure, that a consumer report may
be obtained for employment purposes; and
``(B) the consumer has authorized in
writing the procurement of the report by that
person.
``(3) Conditions on use for adverse actions.--In
using a consumer report for employment purposes, before
taking any adverse action based in whole or in part on
the report, the person intending to take such adverse
action shall provide to the consumer to whom the report
relates--
``(A) a copy of the report; and
``(B) a description in writing of the
rights of the consumer under this title, as
prescribed by the Federal Trade Commission
under section 609(c)(3).''.
SEC. 2404. USE OF CONSUMER REPORTS FOR PRESCREENING; PROHIBITION ON
UNAUTHORIZED OR UNCERTIFIED USE OF INFORMATION.
(a) In General.--Section 604 of the Fair Credit Reporting
Act (15 U.S.C. 1681b) (as amended by section 2403 of this
chapter) is amended--
(1) in subsection (a), by striking ``A consumer
reporting agency'' and inserting ``Subject to
subsection (c), any consumer reporting agency''; and
(2) by adding at the end the following new
subsections:
``(c) Furnishing Reports in Connection With Credit or
Insurance Transactions That Are Not Initiated by the
Consumer.--
``(1) In general.--A consumer reporting agency may
furnish a consumer report relating to any consumer
pursuant to subparagraph (A) or (C) of subsection
(a)(3) in connection with any credit or insurance
transaction that is not initiated by the consumer only
if--
``(A) the consumer authorizes the agency to
provide such report to such person; or
``(B)(i) the transaction consists of a firm
offer of credit or insurance;
``(ii) the consumer reporting agency has
complied with subsection (e); and
``(iii) there is not in effect an election
by the consumer, made in accordance with
subsection (e), to have the consumer's name and
address excluded from lists of names provided
by the agency pursuant to this paragraph.
``(2) Limits on information received under
paragraph (1)(b).--A person may receive pursuant to
paragraph (1)(B) only--
``(A) the name and address of a consumer;
``(B) an identifier that is not unique to
the consumer and that is used by the person
solely for the purpose of verifying the
identity of the consumer; and
``(C) other information pertaining to a
consumer that does not identify the
relationship or experience of the consumer with
respect to a particular creditor or other
entity.
``(3) Information regarding inquiries.--Except as
provided in section 609(a)(5), a consumer reporting
agency shall not furnish to any person a record of
inquiries in connection with a credit or insurance
transaction that is not initiated by a consumer.
``(d) Reserved.
``(e) Election of Consumer To Be Excluded From Lists.--
``(1) In general.--A consumer may elect to have the
consumer's name and address excluded from any list
provided by a consumer reporting agency under
subsection (c)(1)(B) in connection with a credit or
insurance transaction that is not initiated by the
consumer by notifying the agency in accordance with
paragraph (2) that the consumer does not consent to any
use of a consumer report relating to the consumer in
connection with any credit or insurance transaction
that is not initiated by the consumer.
``(2) Manner of notification.--A consumer shall
notify a consumer reporting agency under paragraph
(1)--
``(A) through the notification system
maintained by the agency under paragraph (5);
or
``(B) by submitting to the agency a signed
notice of election form issued by the agency
for purposes of this subparagraph.
``(3) Response of agency after notification through
system.--Upon receipt of notification of the election
of a consumer under paragraph (1) through the
notification system maintained by the agency under
paragraph (5), a consumer reporting agency shall--
``(A) inform the consumer that the election
is effective only for the 2-year period
following the election if the consumer does not
submit to the agency a signed notice of
election form issued by the agency for purposes
of paragraph (2)(B); and
``(B) provide to the consumer a notice of
election form, if requested by the consumer,
not later than 5 business days after receipt of
the notification of the election through the
system established under paragraph (5), in the
case of a request made at the time the consumer
provides notification through the system.
``(4) Effectiveness of election.--An election of a
consumer under paragraph (1)--
``(A) shall be effective with respect to a
consumer reporting agency beginning 5 business
days after the date on which the consumer
notifies the agency in accordance with
paragraph (2);
``(B) shall be effective with respect to a
consumer reporting agency--
``(i) subject to subparagraph (C),
during the 2-year period beginning 5
business days after the date on which
the consumer notifies the agency of the
election, in the case of an election
for which a consumer notifies the
agency only in accordance with
paragraph (2)(A); or
``(ii) until the consumer notifies
the agency under subparagraph (C), in
the case of an election for which a
consumer notifies the agency in
accordance with paragraph (2)(B);
``(C) shall not be effective after the date
on which the consumer notifies the agency,
through the notification system established by
the agency under paragraph (5), that the
election is no longer effective; and
``(D) shall be effective with respect to
each affiliate of the agency.
``(5) Notification system.--
``(A) In general.--Each consumer reporting
agency that, under subsection (c)(1)(B),
furnishes a consumer report in connection with
a credit or insurance transaction that is not
initiated by a consumer shall--
``(i) establish and maintain a
notification system, including a toll-
free telephone number, which permits
any consumer whose consumer report is
maintained by the agency to notify the
agency, with appropriate
identification, of the consumer's
election to have the consumer's name
and address excluded from any such list
of names and addresses provided by the
agency for such a transaction; and
``(ii) publish by not later than
365 days after the date of enactment of
the Consumer Credit Reporting Reform
Act of 1996, and not less than annually
thereafter, in a publication of general
circulation in the area served by the
agency--
``(I) a notification that
information in consumer files
maintained by the agency may be
used in connection with such
transactions; and
``(II) the address and
toll-free telephone number for
consumers to use to notify the
agency of the consumer's
election under clause (i).
``(B) Establishment and maintenance as
compliance.--Establishment and maintenance of a
notification system (including a toll-free
telephone number) and publication by a consumer
reporting agency on the agency's own behalf and
on behalf of any of its affiliates in
accordance with this paragraph is deemed to be
compliance with this paragraph by each of those
affiliates.
``(6) Notification system by agencies that operate
nationwide.--Each consumer reporting agency that
compiles and maintains files on consumers on a
nationwide basis shall establish and maintain a
notification system for purposes of paragraph (5)
jointly with other such consumer reporting agencies.''.
(b) Use of Information Obtained From Reports.--Section 604
of the Fair Credit Reporting Act (15 U.S.C. 1681b) (as amended
by subsection (a) of this section) is amended by adding at the
end the following new subsection:
``(f) Certain Use or Obtaining of Information Prohibited.--
A person shall not use or obtain a consumer report for any
purpose unless--
``(1) the consumer report is obtained for a purpose
for which the consumer report is authorized to be
furnished under this section; and
``(2) the purpose is certified in accordance with
section 607 by a prospective user of the report through
a general or specific certification.''.
(c) FTC Guidelines Regarding Prescreening for Insurance
Transactions.--The Federal Trade Commission may issue such
guidelines as it deems necessary with respect to the use of
consumer reports in connection with insurance transactions that
are not initiated by the consumer pursuant to section 604(c) of
the Fair Credit Reporting Act, as added by subsection (a) of
this section.
SEC. 2405. CONSUMER CONSENT REQUIRED TO FURNISH CONSUMER REPORT
CONTAINING MEDICAL INFORMATION.
Section 604 of the Fair Credit Reporting Act (15 U.S.C.
1681b) is amended by adding at the end the following new
subsection:
``(g) Furnishing Reports Containing Medical Information.--A
consumer reporting agency shall not furnish for employment
purposes, or in connection with a credit or insurance
transaction or a direct marketing transaction, a consumer
report that contains medical information about a consumer,
unless the consumer consents to the furnishing of the
report.''.
SEC. 2406. OBSOLETE INFORMATION AND INFORMATION CONTAINED IN CONSUMER
REPORTS.
(a) Amendment to Large-Dollar Exception.--Section 605 of
the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended--
(1) by inserting ``Information Excluded From
Consumer Reports.--'' after ``(a)'';
(2) in subsection (b)--
(A) in paragraph (1), by striking
``$50,000'' and inserting ``$150,000'';
(B) in paragraph (2), by striking
``$50,000'' and inserting ``$150,000''; and
(C) in paragraph (3), by striking
``$20,000'' and inserting ``$75,000''.
(b) Clarification of Reporting Period.--Section 605 of the
Fair Credit Reporting Act (15 U.S.C. 1681c) (as amended by
subsection (a) of this section) is amended by adding at the end
the following new subsection:
``(c) Running of Reporting Period.--
``(1) In general.--The 7-year period referred to in
paragraphs (4) and (6) of subsection (a) shall begin,
with respect to any delinquent account that is placed
for collection (internally or by referral to a third
party, whichever is earlier), charged to profit and
loss, or subjected to any similar action, upon the
expiration of the 180-day period beginning on the date
of the commencement of the delinquency which
immediately preceded the collection activity, charge to
profit and loss, or similar action.
``(2) Effective date.--Paragraph (1) shall apply
only to items of information added to the file of a
consumer on or after the date that is 455 days after
the date of enactment of the Consumer Credit Reporting
Reform Act of 1996.''.
(c) Additional Information on Bankruptcy Filings
Required.--Section 605 of the Fair Credit Reporting Act (15
U.S.C. 1681c) is amended by adding at the end the following new
subsection:
``(d) Information Required To Be Disclosed.--Any consumer
reporting agency that furnishes a consumer report that contains
information regarding any case involving the consumer that
arises under title 11, United States Code, shall include in the
report an identification of the chapter of such title 11 under
which such case arises if provided by the source of the
information. If any case arising or filed under title 11,
United States Code, is withdrawn by the consumer before a final
judgment, the consumer reporting agency shall include in the
report that such case or filing was withdrawn upon receipt of
documentation certifying such withdrawal.''.
(d) Indication of Closure of Account; Indication of Dispute
by Consumer.--Section 605 of the Fair Credit Reporting Act (15
U.S.C. 1681c) is amended by adding at the end the following new
subsections:
``(e) Indication of Closure of Account by Consumer.--If a
consumer reporting agency is notified pursuant to section
623(a)(4) that a credit account of a consumer was voluntarily
closed by the consumer, the agency shall indicate that fact in
any consumer report that includes information related to the
account.
``(f) Indication of Dispute by Consumer.--If a consumer
reporting agency is notified pursuant to section 623(a)(3) that
information regarding a consumer who was furnished to the
agency is disputed by the consumer, the agency shall indicate
that fact in each consumer report that includes the disputed
information.''.
(e) Conforming Amendments.--
(1) Section 605 of the Fair Credit Reporting Act
(15 U.S.C. 1681c) is amended in the section heading, by
striking ``OBSOLETE INFORMATION'' and inserting
``REQUIREMENTS RELATING TO INFORMATION CONTAINED IN
CONSUMER REPORTS''.
(2) The table of sections for the Fair Credit
Reporting Act (15 U.S.C. 1681a et seq.) is amended by
striking the item relating to section 605 and inserting
the following:
``605. Requirements relating to information contained in consumer
reports.''.
SEC. 2407. COMPLIANCE PROCEDURES.
(a) Disclosure of Consumer Reports by Users.--Section 607
of the Fair Credit Reporting Act (15 U.S.C. 1681e) is amended
by adding at the end the following new subsection:
``(c) Disclosure of Consumer Reports by Users Allowed.--A
consumer reporting agency may not prohibit a user of a consumer
report furnished by the agency on a consumer from disclosing
the contents of the report to the consumer, if adverse action
against the consumer has been taken by the user based in whole
or in part on the report.''.
(b) Notice to Users and Providers of Information To Ensure
Compliance.--Section 607 of the Fair Credit Reporting Act (15
U.S.C. 1681e) is amended by adding after subsection (c) (as
added by subsection (a) of this section) the following new
subsection:
``(d) Notice to Users and Furnishers of Information.--
``(1) Notice requirement.--A consumer reporting
agency shall provide to any person--
``(A) who regularly and in the ordinary
course of business furnishes information to the
agency with respect to any consumer; or
``(B) to whom a consumer report is provided
by the agency;
a notice of such person's responsibilities under this
title.
``(2) Content of notice.--The Federal Trade
Commission shall prescribe the content of notices under
paragraph (1), and a consumer reporting agency shall be
in compliance with this subsection if it provides a
notice under paragraph (1) that is substantially
similar to the Federal Trade Commission prescription
under this paragraph.''.
(c) Record of Identity of Users and Purposes Certified by
Users of Reports.--Section 607 of the Fair Credit Reporting Act
(15 U.S.C. 1681e) is amended by adding after subsection (d) (as
added by subsection (b) of this section) the following new
subsection:
``(e) Procurement of Consumer Report for Resale.--
``(1) Disclosure.--A person may not procure a
consumer report for purposes of reselling the report
(or any information in the report) unless the person
discloses to the consumer reporting agency that
originally furnishes the report--
``(A) the identity of the end-user of the
report (or information); and
``(B) each permissible purpose under
section 604 for which the report is furnished
to the end-user of the report (or information).
``(2) Responsibilities of procurers for resale.--A
person who procures a consumer report for purposes of
reselling the report (or any information in the report)
shall--
``(A) establish and comply with reasonable
procedures designed to ensure that the report
(or information) is resold by the person only
for a purpose for which the report may be
furnished under section 604, including by
requiring that each person to which the report
(or information) is resold and that resells or
provides the report (or information) to any
other person--
``(i) identifies each end user of
the resold report (or information);
``(ii) certifies each purpose for
which the report (or information) will
be used; and
``(iii) certifies that the report
(or information) will be used for no
other purpose; and
``(B) before reselling the report, make
reasonable efforts to verify the
identifications and certifications made under
subparagraph (A).''.
SEC. 2408. CONSUMER DISCLOSURES.
(a) All Information in Consumer's File Required To Be
Disclosed.--Section 609(a)(1) of the Fair Credit Reporting Act
(15 U.S.C. 1681g(a)(1)) is amended to read as follows:
``(1) All information in the consumer's file at the
time of the request, except that nothing in this
paragraph shall be construed to require a consumer
reporting agency to disclose to a consumer any
information concerning credit scores or any other risk
scores or predictors relating to the consumer.''.
(b) More Information Concerning Recipients of Reports
Required.--Section 609(a)(3) of the Fair Credit Reporting Act
(15 U.S.C. 1681g(a)) is amended to read as follows:
``(3)(A) Identification of each person (including
each end-user identified under section 607(e)(1)) that
procured a consumer report--
``(i) for employment purposes, during the
2-year period preceding the date on which the
request is made; or
``(ii) for any other purpose, during the 1-
year period preceding the date on which the
request is made.
``(B) An identification of a person under
subparagraph (A) shall include--
``(i) the name of the person or, if
applicable, the trade name (written in full)
under which such person conducts business; and
``(ii) upon request of the consumer, the
address and telephone number of the person.''.
(c) Information Regarding Inquiries.--Section 609(a) of the
Fair Credit Reporting Act (15 U.S.C. 1681g(a)) is amended by
adding at the end the following new paragraph:
``(5) A record of all inquiries received by the
agency during the 1-year period preceding the request
that identified the consumer in connection with a
credit or insurance transaction that was not initiated
by the consumer.''.
(d) Summary of Rights Required To Be Included With
Disclosure.--
(1) In general.--Section 609 of the Fair Credit
Reporting Act (15 U.S.C. 1681g) is amended by adding at
the end the following new subsection:
``(c) Summary of Rights Required To Be Included With
Disclosure.--
``(1) Summary of rights.--A consumer reporting
agency shall provide to a consumer, with each written
disclosure by the agency to the consumer under this
section--
``(A) a written summary of all of the
rights that the consumer has under this title;
and
``(B) in the case of a consumer reporting
agency that compiles and maintains files on
consumers on a nationwide basis, a toll-free
telephone number established by the agency, at
which personnel are accessible to consumers
during normal business hours.
``(2) Specific items required to be included.--The
summary of rights required under paragraph (1) shall
include--
``(A) a brief description of this title and
all rights of consumers under this title;
``(B) an explanation of how the consumer
may exercise the rights of the consumer under
this title;
``(C) a list of all Federal agencies
responsible for enforcing any provision of this
title and the address and any appropriate phone
number of each such agency, in a form that will
assist the consumer in selecting the
appropriate agency;
``(D) a statement that the consumer may
have additional rights under State law and that
the consumer may wish to contact a State or
local consumer protection agency or a State
attorney general to learn of those rights; and
``(E) a statement that a consumer reporting
agency is not required to remove accurate
derogatory information from a consumer's file,
unless the information is outdated under
section 605 or cannot be verified.
``(3) Form of summary of rights.--For purposes of
this subsection and any disclosure by a consumer
reporting agency required under this title with respect
to consumers' rights, the Federal Trade Commission
(after consultation with each Federal agency referred
to in section 621(b)) shall prescribe the form and
content of any such disclosure of the rights of
consumers required under this title. A consumer
reporting agency shall be in compliance with this
subsection if it provides disclosures under paragraph
(1) that are substantially similar to the Federal Trade
Commission prescription under this paragraph.
``(4) Effectiveness.--No disclosures shall be
required under this subsection until the date on which
the Federal Trade Commission prescribes the form and
content of such disclosures under paragraph (3).''.
(2) Technical amendment.--Section 606(a)(1)(B) of
the Fair Credit Reporting Act (15 U.S.C.
1681d(a)(1)(B)) is amended by inserting ``and the
written summary of the rights of the consumer prepared
pursuant to section 609(c)'' before the semicolon.
(e) Form of Disclosures.--
(1) In general.--Subsections (a) and (b) of section
610 of the Fair Credit Reporting Act (15 U.S.C. 1681h)
are amended to read as follows:
``(a) In General.--
``(1) Proper identification.--A consumer reporting
agency shall require, as a condition of making the
disclosures required under section 609, that the
consumer furnish proper identification.
``(2) Disclosure in writing.--Except as provided in
subsection (b), the disclosures required to be made
under section 609 shall be provided under that section
in writing.
``(b) Other Forms of Disclosure.--
``(1) In general.--If authorized by a consumer, a
consumer reporting agency may make the disclosures
required under 609--
``(A) other than in writing; and
``(B) in such form as may be--
``(i) specified by the consumer in
accordance with paragraph (2); and
``(ii) available from the agency.
``(2) Form.--A consumer may specify pursuant to
paragraph (1) that disclosures under section 609 shall
be made--
``(A) in person, upon the appearance of the
consumer at the place of business of the
consumer reporting agency where disclosures are
regularly provided, during normal business
hours, and on reasonable notice;
``(B) by telephone, if the consumer has
made a written request for disclosure by
telephone;
``(C) by electronic means, if available
from the agency; or
``(D) by any other reasonable means that is
available from the agency.''.
(2) Simplified disclosure.--Not later than 90 days
after the date of enactment of this Act, each consumer
reporting agency shall develop a form on which such
consumer reporting agency shall make the disclosures
required under section 609(a) of the Fair Credit
Reporting Act, for the purpose of maximizing the
comprehensibility and standardization of such
disclosures.
(3) Goals.--The Federal Trade Commission shall take
appropriate action to assure that the goals of
comprehensibility and standardization are achieved in
accordance with paragraph (2).
(4) Defamation.--Section 610(e) of the Fair Credit
Reporting Act (15 U.S.C. 1681h(e)) is amended by
inserting ``or based on information disclosed by a user
of a consumer report to or for a consumer against whom
the user has taken adverse action, based in whole or in
part on the report'' before ``except''.
(5) Conforming amendments.--The Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.) is amended--
(A) in section 609(a), in the matter
preceding paragraph (1), by striking ``and
proper identification of any consumer'' and
inserting ``, and subject to section
610(a)(1)'';
(B) in section 610, in the section heading,
by inserting ``AND FORM'' after ``CONDITIONS'';
and
(C) in the table of sections at the
beginning of that Act, in the item relating to
section 610, by inserting ``and form'' after
``conditions''.
SEC. 2409. PROCEDURES IN CASE OF THE DISPUTED ACCURACY OF ANY
INFORMATION IN A CONSUMER'S FILE.
(a) In General.--Section 611(a) of the Fair Credit
Reporting Act (15 U.S.C. 1681i(a)) is amended to read as
follows:
``(a) Reinvestigations of Disputed Information.--
``(1) Reinvestigation required.--
``(A) In general.--If the completeness or
accuracy of any item of information contained
in a consumer's file at a consumer reporting
agency is disputed by the consumer and the
consumer notifies the agency directly of such
dispute, the agency shall reinvestigate free of
charge and record the current status of the
disputed information, or delete the item from
the file in accordance with paragraph (5),
before the end of the 30-day period beginning
on the date on which the agency receives the
notice of the dispute from the consumer.
``(B) Extension of period to
reinvestigate.--Except as provided in
subparagraph (C), the 30-day period described
in subparagraph (A) may be extended for not
more than 15 additional days if the consumer
reporting agency receives information from the
consumer during that 30-day period that is
relevant to the reinvestigation.
``(C) Limitations on extension of period to
reinvestigate.--Subparagraph (B) shall not
apply to any reinvestigation in which, during
the 30-day period described in subparagraph
(A), the information that is the subject of the
reinvestigation is found to be inaccurate or
incomplete or the consumer reporting agency
determines that the information cannot be
verified.
``(2) Prompt notice of dispute to furnisher of
information.--
``(A) In general.--Before the expiration of
the 5-business-day period beginning on the date
on which a consumer reporting agency receives
notice of a dispute from any consumer in
accordance with paragraph (1), the agency shall
provide notification of the dispute to any
person who provided any item of information in
dispute, at the address and in the manner
established with the person. The notice shall
include all relevant information regarding the
dispute that the agency has received from the
consumer.
``(B) Provision of other information from
consumer.--The consumer reporting agency shall
promptly provide to the person who provided the
information in dispute all relevant information
regarding the dispute that is received by the
agency from the consumer after the period
referred to in subparagraph (A) and before the
end of the period referred to in paragraph
(1)(A).
``(3) Determination that dispute is frivolous or
irrelevant.--
``(A) In general.--Notwithstanding
paragraph (1), a consumer reporting agency may
terminate a reinvestigation of information
disputed by a consumer under that paragraph if
the agency reasonably determines that the
dispute by the consumer is frivolous or
irrelevant, including by reason of a failure by
a consumer to provide sufficient information to
investigate the disputed information.
``(B) Notice of determination.--Upon making
any determination in accordance with
subparagraph (A) that a dispute is frivolous or
irrelevant, a consumer reporting agency shall
notify the consumer of such determination not
later than 5 business days after making such
determination, by mail or, if authorized by the
consumer for that purpose, by any other means
available to the agency.
``(C) Contents of notice.--A notice under
subparagraph (B) shall include--
``(i) the reasons for the
determination under subparagraph (A);
and
``(ii) identification of any
information required to investigate the
disputed information, which may consist
of a standardized form describing the
general nature of such information.
``(4) Consideration of consumer information.--In
conducting any reinvestigation under paragraph (1) with
respect to disputed information in the file of any
consumer, the consumer reporting agency shall review
and consider all relevant information submitted by the
consumer in the period described in paragraph (1)(A)
with respect to such disputed information.
``(5) Treatment of inaccurate or unverifiable
information.--
``(A) In general.--If, after any
reinvestigation under paragraph (1) of any
information disputed by a consumer, an item of
the information is found to be inaccurate or
incomplete or cannot be verified, the consumer
reporting agency shall promptly delete that
item of information from the consumer's file or
modify that item of information, as
appropriate, based on the results of the
reinvestigation.
``(B) Requirements relating to reinsertion
of previously deleted material.--
``(i) Certification of accuracy of
information.--If any information is
deleted from a consumer's file pursuant
to subparagraph (A), the information
may not be reinserted in the file by
the consumer reporting agency unless
the person who furnishes the
information certifies that the
information is complete and accurate.
``(ii) Notice to consumer.--If any
information that has been deleted from
a consumer's file pursuant to
subparagraph (A) is reinserted in the
file, the consumer reporting agency
shall notify the consumer of the
reinsertion in writing not later than 5
business days after the reinsertion or,
if authorized by the consumer for that
purpose, by any other means available
to the agency.
``(iii) Additional information.--As
part of, or in addition to, the notice
under clause (ii), a consumer reporting
agency shall provide to a consumer in
writing not later than 5 business days
after the date of the reinsertion--
``(I) a statement that the
disputed information has been
reinserted;
``(II) the business name
and address of any furnisher of
information contacted and the
telephone number of such
furnisher, if reasonably
available, or of any furnisher
of information that contacted
the consumer reporting agency,
in connection with the
reinsertion of such
information; and
``(III) a notice that the
consumer has the right to add a
statement to the consumer's
file disputing the accuracy or
completeness of the disputed
information.
``(C) Procedures to prevent reappearance.--
A consumer reporting agency shall maintain
reasonable procedures designed to prevent the
reappearance in a consumer's file, and in
consumer reports on the consumer, of
information that is deleted pursuant to this
paragraph (other than information that is
reinserted in accordance with subparagraph
(B)(i)).
``(D) Automated reinvestigation system.--
Any consumer reporting agency that compiles and
maintains files on consumers on a nationwide
basis shall implement an automated system
through which furnishers of information to that
consumer reporting agency may report the
results of a reinvestigation that finds
incomplete or inaccurate information in a
consumer's file to other such consumer
reporting agencies.
``(6) Notice of results of reinvestigation.--
``(A) In general.--A consumer reporting
agency shall provide written notice to a
consumer of the results of a reinvestigation
under this subsection not later than 5 business
days after the completion of the
reinvestigation, by mail or, if authorized by
the consumer for that purpose, by other means
available to the agency.
``(B) Contents.--As part of, or in addition
to, the notice under subparagraph (A), a
consumer reporting agency shall provide to a
consumer in writing before the expiration of
the 5-day period referred to in subparagraph
(A)--
``(i) a statement that the
reinvestigation is completed;
``(ii) a consumer report that is
based upon the consumer's file as that
file is revised as a result of the
reinvestigation;
``(iii) a notice that, if requested
by the consumer, a description of the
procedure used to determine the
accuracy and completeness of the
information shall be provided to the
consumer by the agency, including the
business name and address of any
furnisher of information contacted in
connection with such information and
the telephone number of such furnisher,
if reasonably available;
``(iv) a notice that the consumer
has the right to add a statement to the
consumer's file disputing the accuracy
or completeness of the information; and
``(v) a notice that the consumer
has the right to request under
subsection (d) that the consumer
reporting agency furnish notifications
under that subsection.
``(7) Description of reinvestigation procedure.--A
consumer reporting agency shall provide to a consumer a
description referred to in paragraph (6)(B)(iv) by not
later than 15 days after receiving a request from the
consumer for that description.
``(8) Expedited dispute resolution.--If a dispute
regarding an item of information in a consumer's file
at a consumer reporting agency is resolved in
accordance with paragraph (5)(A) by the deletion of the
disputed information by not later than 3 business days
after the date on which the agency receives notice of
the dispute from the consumer in accordance with
paragraph (1)(A), then the agency shall not be required
to comply with paragraphs (2), (6), and (7) with
respect to that dispute if the agency--
``(A) provides prompt notice of the
deletion to the consumer by telephone;
``(B) includes in that notice, or in a
written notice that accompanies a confirmation
and consumer report provided in accordance with
subparagraph (C), a statement of the consumer's
right to request under subsection (d) that the
agency furnish notifications under that
subsection; and
``(C) provides written confirmation of the
deletion and a copy of a consumer report on the
consumer that is based on the consumer's file
after the deletion, not later than 5 business
days after making the deletion.''.
(b) Conforming Amendment.--Section 611(d) of the Fair
Credit Reporting Act (15 U.S.C. 1681i(d)) is amended by
striking ``The consumer reporting agency shall clearly'' and
all that follows through the end of the subsection.
SEC. 2410. CHARGES FOR CERTAIN DISCLOSURES.
Section 612 of the Fair Credit Reporting Act (15 U.S.C.
1681j) is amended to read as follows:
``SEC. 612. CHARGES FOR CERTAIN DISCLOSURES.
``(a) Reasonable Charges Allowed for Certain Disclosures.--
``(1) In general.--Except as provided in
subsections (b), (c), and (d), a consumer reporting
agency may impose a reasonable charge on a consumer--
``(A) for making a disclosure to the
consumer pursuant to section 609, which
charge--
``(i) shall not exceed $8; and
``(ii) shall be indicated to the
consumer before making the disclosure;
and
``(B) for furnishing, pursuant to section
611(d), following a reinvestigation under
section 611(a), a statement, codification, or
summary to a person designated by the consumer
under that section after the 30-day period
beginning on the date of notification of the
consumer under paragraph (6) or (8) of section
611(a) with respect to the reinvestigation,
which charge--
``(i) shall not exceed the charge
that the agency would impose on each
designated recipient for a consumer
report; and
``(ii) shall be indicated to the
consumer before furnishing such
information.
``(2) Modification of amount.--The Federal Trade
Commission shall increase the amount referred to in
paragraph (1)(A)(i) on January 1 of each year, based
proportionally on changes in the Consumer Price Index,
with fractional changes rounded to the nearest fifty
cents.
``(b) Free Disclosure After Adverse Notice to Consumer.--
Each consumer reporting agency that maintains a file on a
consumer shall make all disclosures pursuant to section 609
without charge to the consumer if, not later than 60 days after
receipt by such consumer of a notification pursuant to section
615, or of a notification from a debt collection agency
affiliated with that consumer reporting agency stating that the
consumer's credit rating may be or has been adversely affected,
the consumer makes a request under section 609.
``(c) Free Disclosure Under Certain Other Circumstances.--
Upon the request of the consumer, a consumer reporting agency
shall make all disclosures pursuant to section 609 once during
any 12-month period without charge to that consumer if the
consumer certifies in writing that the consumer--
``(1) is unemployed and intends to apply for
employment in the 60-day period beginning on the date
on which the certification is made;
``(2) is a recipient of public welfare assistance;
or
``(3) has reason to believe that the file on the
consumer at the agency contains inaccurate information
due to fraud.
``(d) Other Charges Prohibited.--A consumer reporting
agency shall not impose any charge on a consumer for providing
any notification required by this title or making any
disclosure required by this title, except as authorized by
subsection (a).''.
SEC. 2411. DUTIES OF USERS OF CONSUMER REPORTS.
(a) Duties of Users Taking Adverse Actions.--Section 615(a)
of the Fair Credit Reporting Act (15 U.S.C. 1681m(a)) is
amended to read as follows:
``(a) Duties of Users Taking Adverse Actions on the Basis
of Information Contained in Consumer Reports.--If any person
takes any adverse action with respect to any consumer that is
based in whole or in part on any information contained in a
consumer report, the person shall--
``(1) provide oral, written, or electronic notice
of the adverse action to the consumer;
``(2) provide to the consumer orally, in writing,
or electronically--
``(A) the name, address, and telephone
number of the consumer reporting agency
(including a toll-free telephone number
established by the agency if the agency
compiles and maintains files on consumers on a
nationwide basis) that furnished the report to
the person; and
``(B) a statement that the consumer
reporting agency did not make the decision to
take the adverse action and is unable to
provide the consumer the specific reasons why
the adverse action was taken; and
``(3) provide to the consumer an oral, written, or
electronic notice of the consumer's right--
``(A) to obtain, under section 612, a free
copy of a consumer report on the consumer from
the consumer reporting agency referred to in
paragraph (2), which notice shall include an
indication of the 60-day period under that
section for obtaining such a copy; and
``(B) to dispute, under section 611, with a
consumer reporting agency the accuracy or
completeness of any information in a consumer
report furnished by the agency.''.
(b) Duties of Users Making Certain Credit Solicitations.--
Section 615 of the Fair Credit Reporting Act (15 U.S.C. 1681m)
is amended by adding at the end the following new subsection:
``(d) Duties of Users Making Written Credit or Insurance
Solicitations on the Basis of Information Contained in Consumer
Files.--
``(1) In general.--Any person who uses a consumer
report on any consumer in connection with any credit or
insurance transaction that is not initiated by the
consumer, that is provided to that person under section
604(c)(1)(B), shall provide with each written
solicitation made to the consumer regarding the
transaction a clear and conspicuous statement that--
``(A) information contained in the
consumer's consumer report was used in
connection with the transaction;
``(B) the consumer received the offer of
credit or insurance because the consumer
satisfied the criteria for credit worthiness or
insurability under which the consumer was
selected for the offer;
``(C) if applicable, the credit or
insurance may not be extended if, after the
consumer responds to the offer, the consumer
does not meet the criteria used to select the
consumer for the offer or any applicable
criteria bearing on credit worthiness or
insurability or does not furnish any required
collateral;
``(D) the consumer has a right to prohibit
information contained in the consumer's file
with any consumer reporting agency from being
used in connection with any credit or insurance
transaction that is not initiated by the
consumer; and
``(E) the consumer may exercise the right
referred to in subparagraph (D) by notifying a
notification system established under section
604(e).
``(2) Disclosure of address and telephone number.--
A statement under paragraph (1) shall include the
address and toll-free telephone number of the
appropriate notification system established under
section 604(e).
``(3) Maintaining criteria on file.--A person who
makes an offer of credit or insurance to a consumer
under a credit or insurance transaction described in
paragraph (1) shall maintain on file the criteria used
to select the consumer to receive the offer, all
criteria bearing on credit worthiness or insurability,
as applicable, that are the basis for determining
whether or not to extend credit or insurance pursuant
to the offer, and any requirement for the furnishing of
collateral as a condition of the extension of credit or
insurance, until the expiration of the 3-year period
beginning on the date on which the offer is made to the
consumer.
``(4) Authority of federal agencies regarding
unfair or deceptive acts or practices not affected.--
This section is not intended to affect the authority of
any Federal or State agency to enforce a prohibition
against unfair or deceptive acts or practices,
including the making of false or misleading statements
in connection with a credit or insurance transaction
that is not initiated by the consumer.''.
(c) Duties of Users Making Other Solicitations.--Section
615 of the Fair Credit Reporting Act (15 U.S.C. 1681m) is
amended by adding at the end the following new subsection:
* * * * *
(d) Conforming Amendment.--Section 615(c) of the Fair
Credit Reporting Act (15 U.S.C. 1681m(c)) is amended by
striking ``subsections (a) and (b)'' and inserting ``this
section''.
(e) Duties of Person Taking Certain Actions Based on
Information Provided by Affiliate.--Section 615(b) of the Fair
Credit Reporting Act (15 U.S.C. 1681m(b)) is amended--
(1) by striking ``(b) Whenever credit'' and
inserting the following:
``(b) Adverse Action Based on Information Obtained From
Third Parties Other Than Consumer Reporting Agencies.--
``(1) In general.--Whenever credit'';
(2) by adding at the end the following new
paragraph:
``(2) Duties of person taking certain actions based
on information provided by affiliate.--
``(A) Duties, generally.--If a person takes
an action described in subparagraph (B) with
respect to a consumer, based in whole or in
part on information described in subparagraph
(C), the person shall--
``(i) notify the consumer of the
action, including a statement that the
consumer may obtain the information in
accordance with clause (ii); and
``(ii) upon a written request from
the consumer received within 60 days
after transmittal of the notice
required by clause (i), disclose to the
consumer the nature of the information
upon which the action is based by not
later than 30 days after receipt of the
request.
``(B) Action described.--An action referred
to in subparagraph (A) is an adverse action
described in section 603(k)(1)(A), taken in
connection with a transaction initiated by the
consumer, or any adverse action described in
clause (i) or (ii) of section 603(k)(1)(B).
``(C) Information described.--Information
referred to in subparagraph (A)--
``(i) except as provided in clause
(ii), is information that--
``(I) is furnished to the
person taking the action by a
person related by common
ownership or affiliated by
common corporate control to the
person taking the action; and
``(II) bears on the credit
worthiness, credit standing,
credit capacity, character,
general reputation, personal
characteristics, or mode of
living of the consumer; and
``(ii) does not include--
``(I) information solely as
to transactions or experiences
between the consumer and the
person furnishing the
information; or
``(II) information in a
consumer report.''.
SEC. 2412. CIVIL LIABILITY.
(a) Civil Liability for Willful Noncompliance.--Section 616
of the Fair Credit Reporting Act (15 U.S.C. 1681n) is amended
by striking ``Any consumer reporting agency or user of
information which'' and inserting ``(a) In General.--Any person
who''.
(b) Minimum Civil Liability for Willful Noncompliance.--
Section 616(a)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681n(1)), as so designated by subsection (a) of this section,
is amended to read as follows:
``(1)(A) any actual damages sustained by the
consumer as a result of the failure or damages of not
less than $100 and not more than $1,000; or
``(B) in the case of liability of a natural person
for obtaining a consumer report under false pretenses
or knowingly without a permissible purpose, actual
damages sustained by the consumer as a result of the
failure or $1,000, whichever is greater;''.
(c) Civil Liability for Knowing Noncompliance.--Section 616
of the Fair Credit Reporting Act (15 U.S.C. 1681n) is amended
by adding at the end the following new subsection:
``(b) Civil Liability for Knowing Noncompliance.--Any
person who obtains a consumer report from a consumer reporting
agency under false pretenses or knowingly without a permissible
purpose shall be liable to the consumer reporting agency for
actual damages sustained by the consumer reporting agency or
$1,000, whichever is greater.''.
(d) Civil Liability for Negligent Noncompliance.--Section
617 of the Fair Credit Reporting Act (15 U.S.C. 1681o) is
amended by striking ``Any consumer reporting agency or user of
information which'' and inserting ``(a) In General.--Any person
who''.
(e) Attorney's Fees.--
(1) Willful noncompliance.--Section 616 of the Fair
Credit Reporting Act (15 U.S.C. 1681n) is amended by
adding at the end the following new subsection:
``(c) Attorney's Fees.--Upon a finding by the court that an
unsuccessful pleading, motion, or other paper filed in
connection with an action under this section was filed in bad
faith or for purposes of harassment, the court shall award to
the prevailing party attorney's fees reasonable in relation to
the work expended in responding to the pleading, motion, or
other paper.''.
(2) Negligent noncompliance.--Section 617 of the
Fair Credit Reporting Act (15 U.S.C. 1681o) is amended
by adding at the end the following new subsection:
``(b) Attorney's Fees.--On a finding by the court that an
unsuccessful pleading, motion, or other paper filed in
connection with an action under this section was filed in bad
faith or for purposes of harassment, the court shall award to
the prevailing party attorney's fees reasonable in relation to
the work expended in responding to the pleading, motion, or
other paper.''.
SEC. 2413. RESPONSIBILITIES OF PERSONS WHO FURNISH INFORMATION TO
CONSUMER REPORTING AGENCIES.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) is amended--
(1) by redesignating section 623 as section 624;
and
(2) by inserting after section 622 the following:
``SEC. 623. RESPONSIBILITIES OF FURNISHERS OF INFORMATION TO CONSUMER
REPORTING AGENCIES.
``(a) Duty of Furnishers of Information To Provide Accurate
Information.--
``(1) Prohibition.--
``(A) Reporting information with actual
knowledge of errors.--A person shall not
furnish any information relating to a consumer
to any consumer reporting agency if the person
knows or consciously avoids knowing that the
information is inaccurate.
``(B) Reporting information after notice
and confirmation of errors.--A person shall not
furnish information relating to a consumer to
any consumer reporting agency if--
``(i) the person has been notified
by the consumer, at the address
specified by the person for such
notices, that specific information is
inaccurate; and
``(ii) the information is, in fact,
inaccurate.
``(C) No address requirement.--A person who
clearly and conspicuously specifies to the
consumer an address for notices referred to in
subparagraph (B) shall not be subject to
subparagraph (A); however, nothing in
subparagraph (B) shall require a person to
specify such an address.
``(2) Duty to correct and update information.--A
person who--
``(A) regularly and in the ordinary course
of business furnishes information to one or
more consumer reporting agencies about the
person's transactions or experiences with any
consumer; and
``(B) has furnished to a consumer reporting
agency information that the person determines
is not complete or accurate,
shall promptly notify the consumer reporting agency of
that determination and provide to the agency any
corrections to that information, or any additional
information, that is necessary to make the information
provided by the person to the agency complete and
accurate, and shall not thereafter furnish to the
agency any of the information that remains not complete
or accurate.
``(3) Duty to provide notice of dispute.--If the
completeness or accuracy of any information furnished
by any person to any consumer reporting agency is
disputed to such person by a consumer, the person may
not furnish the information to any consumer reporting
agency without notice that such information is disputed
by the consumer.
``(4) Duty to provide notice of closed accounts.--A
person who regularly and in the ordinary course of
business furnishes information to a consumer reporting
agency regarding a consumer who has a credit account
with that person shall notify the agency of the
voluntary closure of the account by the consumer, in
information regularly furnished for the period in which
the account is closed.
``(5) Duty to provide notice of delinquency of
accounts.--A person who furnishes information to a
consumer reporting agency regarding a delinquent
account being placed for collection, charged to profit
or loss, or subjected to any similar action shall, not
later than 90 days after furnishing the information,
notify the agency of the month and year of the
commencement of the delinquency that immediately
preceded the action.
``(b) Duties of Furnishers of Information Upon Notice of
Dispute.--
``(1) In general.--After receiving notice pursuant
to section 611(a)(2) of a dispute with regard to the
completeness or accuracy of any information provided by
a person to a consumer reporting agency, the person
shall--
``(A) conduct an investigation with respect
to the disputed information;
``(B) review all relevant information
provided by the consumer reporting agency
pursuant to section 611(a)(2);
``(C) report the results of the
investigation to the consumer reporting agency;
and
``(D) if the investigation finds that the
information is incomplete or inaccurate, report
those results to all other consumer reporting
agencies to which the person furnished the
information and that compile and maintain files
on consumers on a nationwide basis.
``(2) Deadline.--A person shall complete all
investigations, reviews, and reports required under
paragraph (1) regarding information provided by the
person to a consumer reporting agency, before the
expiration of the period under section 611(a)(1) within
which the consumer reporting agency is required to
complete actions required by that section regarding
that information.
``(c) Limitation on Liability.--Sections 616 and 617 do not
apply to any failure to comply with subsection (a), except as
provided in section 621(c)(1)(B).
``(d) Limitation on Enforcement.--Subsection (a) shall be
enforced exclusively under section 621 by the Federal agencies
and officials and the State officials identified in that
section.''.
(b) Conforming Amendment.--The table of sections at the
beginning of the Fair Credit Reporting Act (15 U.S.C. 1681a et
seq.) is amended by striking the item relating to section 623
and inserting the following:
``623. Responsibilities of furnishers of information to consumer
reporting agencies.
``624. Relation to State laws.''.
SEC. 2414. INVESTIGATIVE CONSUMER REPORTS.
Section 606 of the Fair Credit Reporting Act (15 U.S.C.
1681d) is amended--
(1) in subsection (a)(1), by striking ``or'' at the
end and inserting ``and'';
(2) by striking subsection (a)(2) and inserting the
following:
``(2) the person certifies or has certified to the
consumer reporting agency that--
``(A) the person has made the disclosures
to the consumer required by paragraph (1); and
``(B) the person will comply with
subsection (b).'';
(3) in subsection (b), by striking ``shall'' the
second place such term appears; and
(4) by adding at the end the following new
subsection:
``(d) Prohibitions.--
``(1) Certification.--A consumer reporting agency
shall not prepare or furnish an investigative consumer
report unless the agency has received a certification
under subsection (a)(2) from the person who requested
the report.
``(2) Inquiries.--A consumer reporting agency shall
not make an inquiry for the purpose of preparing an
investigative consumer report on a consumer for
employment purposes if the making of the inquiry by an
employer or prospective employer of the consumer would
violate any applicable Federal or State equal
employment opportunity law or regulation.
``(3) Certain public record information.--Except as
otherwise provided in section 613, a consumer reporting
agency shall not furnish an investigative consumer
report that includes information that is a matter of
public record and that relates to an arrest,
indictment, conviction, civil judicial action, tax
lien, or outstanding judgment, unless the agency has
verified the accuracy of the information during the 30-
day period ending on the date on which the report is
furnished.
``(4) Certain adverse information.--A consumer
reporting agency shall not prepare or furnish an
investigative consumer report on a consumer that
contains information that is adverse to the interest of
the consumer and that is obtained through a personal
interview with a neighbor, friend, or associate of the
consumer or with another person with whom the consumer
is acquainted or who has knowledge of such item of
information, unless--
``(A) the agency has followed reasonable
procedures to obtain confirmation of the
information, from an additional source that has
independent and direct knowledge of the
information; or
``(B) the person interviewed is the best
possible source of the information.''.
SEC. 2415. INCREASED CRIMINAL PENALTIES FOR OBTAINING INFORMATION UNDER
FALSE PRETENSES.
(a) Obtaining Information Under False Pretenses.--Section
619 of the Fair Credit Reporting Act (15 U.S.C. 1681q) is
amended by striking ``fined not more than $5,000 or imprisoned
not more than one year, or both'' and inserting ``fined under
title 18, United States Code, imprisoned for not more than 2
years, or both''.
(b) Unauthorized Disclosures by Officers or Employees.--
Section 620 of the Fair Credit Reporting Act (15 U.S.C. 1681r)
is amended by striking ``fined not more than $5,000 or
imprisoned not more than one year, or both'' and inserting
``fined under title 18, United States Code, imprisoned for not
more than 2 years, or both''.
SEC. 2416. ADMINISTRATIVE ENFORCEMENT.
(a) Available Enforcement Powers.--Section 621(a) of the
Fair Credit Reporting Act (15 U.S.C. 1681s(a)) is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by adding at the end the following new
paragraph:
``(2)(A) In the event of a knowing violation, which
constitutes a pattern or practice of violations of this title,
the Commission may commence a civil action to recover a civil
penalty in a district court of the United States against any
person that violates this title. In such action, such person
shall be liable for a civil penalty of not more than $2,500 per
violation.
``(B) In determining the amount of a civil penalty under
subparagraph (A), the court shall take into account the degree
of culpability, any history of prior such conduct, ability to
pay, effect on ability to continue to do business, and such
other matters as justice may require.
``(3) Notwithstanding paragraph (2), a court may not impose
any civil penalty on a person for a violation of section
623(a)(1) unless the person has been enjoined from committing
the violation, or ordered not to commit the violation, in an
action or proceeding brought by or on behalf of the Federal
Trade Commission, and has violated the injunction or order, and
the court may not impose any civil penalty for any violation
occurring before the date of the violation of the injunction or
order.
``(4) Neither the Commission nor any other agency referred
to in subsection (b) may prescribe trade regulation rules or
other regulations with respect to this title.''.
(b) Agencies Responsible for Enforcement.--Section 621 of
the Fair Credit Reporting Act (15 U.S.C. 1681s) is amended--
(1) in subsection (a), by inserting ``Enforcement
by Federal Trade Commission.--'' before ``Compliance
with the requirements'';
(2) in subsection (b), by striking the matter
preceding paragraph (1) and inserting the following:
``(b) Enforcement by Other Agencies.--Compliance with the
requirements imposed under this title with respect to consumer
reporting agencies, persons who use consumer reports from such
agencies, persons who furnish information to such agencies, and
users of information that are subject to subsection (d) or (e)
of section 615 shall be enforced under--''; and
(3) in subsection (c), by adding at the end the
following: ``Notwithstanding the preceding, no agency
referred to in subsection (b) may conduct an
examination of a bank, savings association, or credit
union regarding compliance with the provisions of this
title, except in response to a complaint (or if the
agency otherwise has knowledge) that the bank, savings
association, or credit union has violated a provision
of this title, in which case, the agency may conduct an
examination as necessary to investigate the complaint.
If an agency determines during an investigation in
response to a complaint that a violation of this title
has occurred, the agency may, during its next 2
regularly scheduled examinations of the bank, savings
association, or credit union, examine for compliance
with this title.''.
SEC. 2417. STATE ENFORCEMENT OF FAIR CREDIT REPORTING ACT.
Section 621 of the Fair Credit Reporting Act (15 U.S.C.
1681s) is amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection:
``(c) State Action for Violations.--
``(1) Authority of states.--In addition to such
other remedies as are provided under State law, if the
chief law enforcement officer of a State, or an
official or agency designated by a State, has reason to
believe that any person has violated or is violating
this title, the State--
``(A) may bring an action to enjoin such
violation in any appropriate United States
district court or in any other court of
competent jurisdiction;
``(B) subject to paragraph (5), may bring
an action on behalf of the residents of the
State to recover--
``(i) damages for which the person
is liable to such residents under
sections 616 and 617 as a result of the
violation;
``(ii) in the case of a violation
of section 623(a), damages for which
the person would, but for section
623(c), be liable to such residents as
a result of the violation; or
``(iii) damages of not more than
$1,000 for each willful or negligent
violation; and
``(C) in the case of any successful action
under subparagraph (A) or (B), shall be awarded
the costs of the action and reasonable attorney
fees as determined by the court.
``(2) Rights of federal regulators.--The State
shall serve prior written notice of any action under
paragraph (1) upon the Federal Trade Commission or the
appropriate Federal regulator determined under
subsection (b) and provide the Commission or
appropriate Federal regulator with a copy of its
complaint, except in any case in which such prior
notice is not feasible, in which case the State shall
serve such notice immediately upon instituting such
action. The Federal Trade Commission or appropriate
Federal regulator shall have the right--
``(A) to intervene in the action;
``(B) upon so intervening, to be heard on
all matters arising therein;
``(C) to remove the action to the
appropriate United States district court; and
``(D) to file petitions for appeal.
``(3) Investigatory powers.--For purposes of
bringing any action under this subsection, nothing in
this subsection shall prevent the chief law enforcement
officer, or an official or agency designated by a
State, from exercising the powers conferred on the
chief law enforcement officer or such official by the
laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the
attendance of witnesses or the production of
documentary and other evidence.
``(4) Limitation on state action while federal
action pending.--If the Federal Trade Commission or the
appropriate Federal regulator has instituted a civil
action or an administrative action under section 8 of
the Federal Deposit Insurance Act for a violation of
this title, no State may, during the pendency of such
action, bring an action under this section against any
defendant named in the complaint of the Commission or
the appropriate Federal regulator for any violation of
this title that is alleged in that complaint.
``(5) Limitations on state actions for violation of
section 623(a)(1).--
``(A) Violation of injunction required.--A
State may not bring an action against a person
under paragraph (1)(B) for a violation of
section 623(a)(1), unless--
``(i) the person has been enjoined
from committing the violation, in an
action brought by the State under
paragraph (1)(A); and
``(ii) the person has violated the
injunction.
``(B) Limitation on damages recoverable.--
In an action against a person under paragraph
(1)(B) for a violation of section 623(a)(1), a
State may not recover any damages incurred
before the date of the violation of an
injunction on which the action is based.''.
SEC. 2418. FEDERAL RESERVE BOARD AUTHORITY.
Section 621 of the Fair Credit Reporting Act (15 U.S.C.
1681s) is amended by adding at the end the following new
subsection:
``(e) Interpretive Authority.--The Board of Governors of
the Federal Reserve System may issue interpretations of any
provision of this title as such provision may apply to any
persons identified under paragraph (1), (2), and (3) of
subsection (b), or to the holding companies and affiliates of
such persons, in consultation with Federal agencies identified
in paragraphs (1), (2), and (3) of subsection (b).''.
SEC. 2419. PREEMPTION OF STATE LAW.
Section 624 of the Fair Credit Reporting Act (as
redesignated by section 2413(a) of this chapter) is amended--
(1) by striking ``This title'' and inserting ``(a)
In General.--Except as provided in subsections (b) and
(c), this title''; and
(2) by adding at the end the following new
subsection:
``(b) General Exceptions.--No requirement or prohibition
may be imposed under the laws of any State--
``(1) with respect to any subject matter regulated
under--
``(A) subsection (c) or (e) of section 604,
relating to the prescreening of consumer
reports;
``(B) section 611, relating to the time by
which a consumer reporting agency must take any
action, including the provision of notification
to a consumer or other person, in any procedure
related to the disputed accuracy of information
in a consumer's file, except that this
subparagraph shall not apply to any State law
in effect on the date of enactment of the
Consumer Credit Reporting Reform Act of 1996;
``(C) subsections (a) and (b) of section
615, relating to the duties of a person who
takes any adverse action with respect to a
consumer;
``(D) section 615(d), relating to the
duties of persons who use a consumer report of
a consumer in connection with any credit or
insurance transaction that is not initiated by
the consumer and that consists of a firm offer
of credit or insurance;
``(E) section 605, relating to information
contained in consumer reports, except that this
subparagraph shall not apply to any State law
in effect on the date of enactment of the
Consumer Credit Reporting Reform Act of 1996;
or
``(F) section 623, relating to the
responsibilities of persons who furnish
information to consumer reporting agencies,
except that this paragraph shall not apply--
``(i) with respect to section
54A(a) of chapter 93 of the
Massachusetts Annotated Laws (as in
effect on the date of enactment of the
Consumer Credit Reporting Reform Act of
1996); or
``(ii) with respect to section
1785.25(a) of the California Civil Code
(as in effect on the date of enactment
of the Consumer Credit Reporting Reform
Act of 1996);
``(2) with respect to the exchange of information
among persons affiliated by common ownership or common
corporate control, except that this paragraph shall not
apply with respect to subsection (a) or (c)(1) of
section 2480e of title 9, Vermont Statutes Annotated
(as in effect on the date of enactment of the Consumer
Credit Reporting Reform Act of 1996); or
``(3) with respect to the form and content of any
disclosure required to be made under section 609(c).
``(c) Definition of Firm Offer of Credit or Insurance.--
Notwithstanding any definition of the term `firm offer of
credit or insurance' (or any equivalent term) under the laws of
any State, the definition of that term contained in section
603(l) shall be construed to apply in the enforcement and
interpretation of the laws of any State governing consumer
reports.
``(d) Limitations.--Subsections (b) and (c)--
``(1) do not affect any settlement, agreement, or
consent judgment between any State Attorney General and
any consumer reporting agency in effect on the date of
enactment of the Consumer Credit Reporting Reform Act
of 1996; and
``(2) do not apply to any provision of State law
(including any provision of a State constitution)
that--
``(A) is enacted after January 1, 2004;
``(B) states explicitly that the provision
is intended to supplement this title; and
``(C) gives greater protection to consumers
than is provided under this title.''.
SEC. 2420. EFFECTIVE DATE.
(a) In General.--Except as otherwise specifically provided
in this chapter, the amendments made by this chapter shall
become effective 365 days after the date of enactment of this
Act.
(b) Early Compliance.--Any person or other entity that is
subject to the requirements of this chapter may, at its option,
comply with any provision of this chapter before the date on
which that provision becomes effective under this chapter, in
which case, each of the corresponding provisions of this
chapter shall be fully applicable to such person or entity.
SEC. 2421. RELATIONSHIP TO OTHER LAW.
Nothing in this chapter or the amendments made by this
chapter shall be considered to supersede or otherwise affect
section 2721 of title 18, United States Code, with respect to
motor vehicle records for surveys, marketing, or solicitations.
SEC. 2422. FEDERAL RESERVE BOARD STUDY.
(a) Study Required.--The Board of Governors of the Federal
Reserve System, in consultation with the other Federal banking
agencies (as defined in section 3 of the Federal Deposit
Insurance Act) and the Federal Trade Commission, shall conduct
a study of whether organizations which, as of the date of the
enactment of this Act, are not subject to the Fair Credit
Reporting Act as consumer reporting agencies (as defined in
section 603 of such Act) are engaged in the business of making
sensitive consumer identification information, including social
security numbers, mothers' maiden names, prior addresses, and
dates of birth, available to the general public.
(b) Determination of Potential for Fraud.--If the Board of
Governors of the Federal Reserve System determines that
organizations referred to in subsection (a) are engaged in the
business of making sensitive consumer identification
information available to the general public, the Board shall
determine--
(1) whether such activities create undue potential
for fraud and risk of loss to insured depository
institutions (as defined in section 3 of the Federal
Deposit Insurance Act); and
(2) if so, whether changes in Federal law are
necessary to address such risks of fraud and loss.
(c) Report to Congress.--Before the end of the 6-month
period beginning on the date of the enactment of this Act, the
Board of Governors of the Federal Reserve System shall submit a
report to the Congress containing--
(1) the findings and conclusion of the Board in
connection with the study required under subsections
(a) and (b); and
(2) recommendations for such legislative or
administrative action as the Board determines to be
appropriate.
CHAPTER 2--CREDIT REPAIR ORGANIZATIONS
SEC. 2451. REGULATION OF CREDIT REPAIR ORGANIZATIONS.
Title IV of the Consumer Credit Protection Act (Public Law
90-321, 82 Stat. 164) is amended to read as follows:
``TITLE IV--CREDIT REPAIR ORGANIZATIONS
``Sec.
``401. Short title.
``402. Findings and purposes.
``403. Definitions.
``404. Prohibited practices.
``405. Disclosures.
``406. Credit repair organizations contracts.
``407. Right to cancel contract.
``408. Noncompliance with this title.
``409. Civil liability.
``410. Administrative enforcement.
``411. Statute of limitations.
``412. Relation to State law.
``413. Effective date.
``SEC. 401. SHORT TITLE.
``This title may be cited as the `Credit Repair
Organizations Act'.
``SEC. 402. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress makes the following findings:
``(1) Consumers have a vital interest in
establishing and maintaining their credit worthiness
and credit standing in order to obtain and use credit.
As a result, consumers who have experienced credit
problems may seek assistance from credit repair
organizations which offer to improve the credit
standing of such consumers.
``(2) Certain advertising and business practices of
some companies engaged in the business of credit repair
services have worked a financial hardship upon
consumers, particularly those of limited economic means
and who are inexperienced in credit matters.
``(b) Purposes.--The purposes of this title are--
``(1) to ensure that prospective buyers of the
services of credit repair organizations are provided
with the information necessary to make an informed
decision regarding the purchase of such services; and
``(2) to protect the public from unfair or
deceptive advertising and business practices by credit
repair organizations.
``SEC. 403. DEFINITIONS.
``For purposes of this title, the following definitions
apply:
``(1) Consumer.--The term `consumer' means an
individual.
``(2) Consumer credit transaction.--The term
`consumer credit transaction' means any transaction in
which credit is offered or extended to an individual
for personal, family, or household purposes.
``(3) Credit repair organization.--The term `credit
repair organization'--
``(A) means any person who uses any
instrumentality of interstate commerce or the
mails to sell, provide, or perform (or
represent that such person can or will sell,
provide, or perform) any service, in return for
the payment of money or other valuable
consideration, for the express or implied
purpose of--
``(i) improving any consumer's
credit record, credit history, or
credit rating; or
``(ii) providing advice or
assistance to any consumer with regard
to any activity or service described in
clause (i); and
``(B) does not include--
``(i) any nonprofit organization
which is exempt from taxation under
section 501(c)(3) of the Internal
Revenue Code of 1986;
``(ii) any creditor (as defined in
section 103 of the Truth in Lending
Act), with respect to any consumer, to
the extent the creditor is assisting
the consumer to restructure any debt
owed by the consumer to the creditor;
or
``(iii) any depository institution
(as that term is defined in section 3
of the Federal Deposit Insurance Act)
or any Federal or State credit union
(as those terms are defined in section
101 of the Federal Credit Union Act),
or any affiliate or subsidiary of such
a depository institution or credit
union.
``(4) Credit.--The term `credit' has the meaning
given to such term in section 103(e) of this Act.
``SEC. 404. PROHIBITED PRACTICES.
``(a) In General.--No person may--
``(1) make any statement, or counsel or advise any
consumer to make any statement, which is untrue or
misleading (or which, upon the exercise of reasonable
care, should be known by the credit repair
organization, officer, employee, agent, or other person
to be untrue or misleading) with respect to any
consumer's credit worthiness, credit standing, or
credit capacity to--
``(A) any consumer reporting agency (as
defined in section 603(f) of this Act); or
``(B) any person--
``(i) who has extended credit to
the consumer; or
``(ii) to whom the consumer has
applied or is applying for an extension
of credit;
``(2) make any statement, or counsel or advise any
consumer to make any statement, the intended effect of
which is to alter the consumer's identification to
prevent the display of the consumer's credit record,
history, or rating for the purpose of concealing
adverse information that is accurate and not obsolete
to--
``(A) any consumer reporting agency;
``(B) any person--
``(i) who has extended credit to
the consumer; or
``(ii) to whom the consumer has
applied or is applying for an extension
of credit;
``(3) make or use any untrue or misleading
representation of the services of the credit repair
organization; or
``(4) engage, directly or indirectly, in any act,
practice, or course of business that constitutes or
results in the commission of, or an attempt to commit,
a fraud or deception on any person in connection with
the offer or sale of the services of the credit repair
organization.
``(b) Payment in Advance.--No credit repair organization
may charge or receive any money or other valuable consideration
for the performance of any service which the credit repair
organization has agreed to perform for any consumer before such
service is fully performed.
``SEC. 405. DISCLOSURES.
``(a) Disclosure Required.--Any credit repair organization
shall provide any consumer with the following written statement
before any contract or agreement between the consumer and the
credit repair organization is executed:
`` `Consumer Credit File Rights Under State and Federal Law
`` `You have a right to dispute inaccurate information in
your credit report by contacting the credit bureau directly.
However, neither you nor any ``credit repair'' company or
credit repair organization has the right to have accurate,
current, and verifiable information removed from your credit
report. The credit bureau must remove accurate, negative
information from your report only if it is over 7 years old.
Bankruptcy information can be reported for 10 years.
`` `You have a right to obtain a copy of your credit report
from a credit bureau. You may be charged a reasonable fee.
There is no fee, however, if you have been turned down for
credit, employment, insurance, or a rental dwelling because of
information in your credit report within the preceding 60 days.
The credit bureau must provide someone to help you interpret
the information in your credit file. You are entitled to
receive a free copy of your credit report if you are unemployed
and intend to apply for employment in the next 60 days, if you
are a recipient of public welfare assistance, or if you have
reason to believe that there is inaccurate information in your
credit report due to fraud.
`` `You have a right to sue a credit repair organization
that violates the Credit Repair Organization Act. This law
prohibits deceptive practices by credit repair organizations.
`` `You have the right to cancel your contract with any
credit repair organization for any reason within 3 business
days from the date you signed it.
`` `Credit bureaus are required to follow reasonable
procedures to ensure that the information they report is
accurate. However, mistakes may occur.
`` `You may, on your own, notify a credit bureau in writing
that you dispute the accuracy of information in your credit
file. The credit bureau must then reinvestigate and modify or
remove inaccurate or incomplete information. The credit bureau
may not charge any fee for this service. Any pertinent
information and copies of all documents you have concerning an
error should be given to the credit bureau.
`` `If the credit bureau's reinvestigation does not resolve
the dispute to your satisfaction, you may send a brief
statement to the credit bureau, to be kept in your file,
explaining why you think the record is inaccurate. The credit
bureau must include a summary of your statement about disputed
information with any report it issues about you.
`` `The Federal Trade Commission regulates credit bureaus
and credit repair organizations. For more information contact:
`` `The Public Reference Branch
`` `Federal Trade Commission
`` `Washington, D.C. 20580'.
``(b) Separate Statement Requirement.--The written
statement required under this section shall be provided as a
document which is separate from any written contract or other
agreement between the credit repair organization and the
consumer or any other written material provided to the
consumer.
``(c) Retention of Compliance Records.--
``(1) In general.--The credit repair organization
shall maintain a copy of the statement signed by the
consumer acknowledging receipt of the statement.
``(2) Maintenance for 2 years.--The copy of any
consumer's statement shall be maintained in the
organization's files for 2 years after the date on
which the statement is signed by the consumer.
``SEC. 406. CREDIT REPAIR ORGANIZATIONS CONTRACTS.
``(a) Written Contracts Required.--No services may be
provided by any credit repair organization for any consumer--
``(1) unless a written and dated contract (for the
purchase of such services) which meets the requirements
of subsection (b) has been signed by the consumer; or
``(2) before the end of the 3-business-day period
beginning on the date the contract is signed.
``(b) Terms and Conditions of Contract.--No contract
referred to in subsection (a) meets the requirements of this
subsection unless such contract includes (in writing)--
``(1) the terms and conditions of payment,
including the total amount of all payments to be made
by the consumer to the credit repair organization or to
any other person;
``(2) a full and detailed description of the
services to be performed by the credit repair
organization for the consumer, including--
``(A) all guarantees of performance; and
``(B) an estimate of--
``(i) the date by which the
performance of the services (to be
performed by the credit repair
organization or any other person) will
be complete; or
``(ii) the length of the period
necessary to perform such services;
``(3) the credit repair organization's name and
principal business address; and
``(4) a conspicuous statement in bold face type, in
immediate proximity to the space reserved for the
consumer's signature on the contract, which reads as
follows: `You may cancel this contract without penalty
or obligation at any time before midnight of the 3rd
business day after the date on which you signed the
contract. See the attached notice of cancellation form
for an explanation of this right.'.
``SEC. 407. RIGHT TO CANCEL CONTRACT.
``(a) In General.--Any consumer may cancel any contract
with any credit repair organization without penalty or
obligation by notifying the credit repair organization of the
consumer's intention to do so at any time before midnight of
the 3rd business day which begins after the date on which the
contract or agreement between the consumer and the credit
repair organization is executed or would, but for this
subsection, become enforceable against the parties.
``(b) Cancellation Form and Other Information.--Each
contract shall be accompanied by a form, in duplicate, which
has the heading `Notice of Cancellation' and contains in bold
face type the following statement:
`` `You may cancel this contract, without any
penalty or obligation, at any time before midnight of
the 3rd day which begins after the date the contract is
signed by you.
`` `To cancel this contract, mail or deliver a
signed, dated copy of this cancellation notice, or any
other written notice to [ name of credit repair
organization ] at [ address of credit repair
organization ] before midnight on [ date ]
`` `I hereby cancel this transaction,
[ date ]
[ purchaser's signature ].'.
``(c) Consumer Copy of Contract Required.--Any consumer who
enters into any contract with any credit repair organization
shall be given, by the organization--
``(1) a copy of the completed contract and the
disclosure statement required under section 405; and
``(2) a copy of any other document the credit
repair organization requires the consumer to sign,
at the time the contract or the other document is signed.
``SEC. 408. NONCOMPLIANCE WITH THIS TITLE.
``(a) Consumer Waivers Invalid.--Any waiver by any consumer
of any protection provided by or any right of the consumer
under this title--
``(1) shall be treated as void; and
``(2) may not be enforced by any Federal or State
court or any other person.
``(b) Attempt To Obtain Waiver.--Any attempt by any person
to obtain a waiver from any consumer of any protection provided
by or any right of the consumer under this title shall be
treated as a violation of this title.
``(c) Contracts Not in Compliance.--Any contract for
services which does not comply with the applicable provisions
of this title--
``(1) shall be treated as void; and
``(2) may not be enforced by any Federal or State
court or any other person.
``SEC. 409. CIVIL LIABILITY.
``(a) Liability Established.--Any person who fails to
comply with any provision of this title with respect to any
other person shall be liable to such person in an amount equal
to the sum of the amounts determined under each of the
following paragraphs:
``(1) Actual damages.--The greater of--
``(A) the amount of any actual damage
sustained by such person as a result of such
failure; or
``(B) any amount paid by the person to the
credit repair organization.
``(2) Punitive damages.--
``(A) Individual actions.--In the case of
any action by an individual, such additional
amount as the court may allow.
``(B) Class actions.--In the case of a
class action, the sum of--
``(i) the aggregate of the amount
which the court may allow for each
named plaintiff; and
``(ii) the aggregate of the amount
which the court may allow for each
other class member, without regard to
any minimum individual recovery.
``(3) Attorneys' fees.--In the case of any
successful action to enforce any liability under
paragraph (1) or (2), the costs of the action, together
with reasonable attorneys' fees.
``(b) Factors To Be Considered in Awarding Punitive
Damages.--In determining the amount of any liability of any
credit repair organization under subsection (a)(2), the court
shall consider, among other relevant factors--
``(1) the frequency and persistence of
noncompliance by the credit repair organization;
``(2) the nature of the noncompliance;
``(3) the extent to which such noncompliance was
intentional; and
``(4) in the case of any class action, the number
of consumers adversely affected.
``SEC. 410. ADMINISTRATIVE ENFORCEMENT.
``(a) In General.--Compliance with the requirements imposed
under this title with respect to credit repair organizations
shall be enforced under the Federal Trade Commission Act by the
Federal Trade Commission.
``(b) Violations of This Title Treated as Violations of
Federal Trade Commission Act.--
``(1) In general.--For the purpose of the exercise
by the Federal Trade Commission of the Commission's
functions and powers under the Federal Trade Commission
Act, any violation of any requirement or prohibition
imposed under this title with respect to credit repair
organizations shall constitute an unfair or deceptive
act or practice in commerce in violation of section
5(a) of the Federal Trade Commission Act.
``(2) Enforcement authority under other law.--All
functions and powers of the Federal Trade Commission
under the Federal Trade Commission Act shall be
available to the Commission to enforce compliance with
this title by any person subject to enforcement by the
Federal Trade Commission pursuant to this subsection,
including the power to enforce the provisions of this
title in the same manner as if the violation had been a
violation of any Federal Trade Commission trade
regulation rule, without regard to whether the credit
repair organization--
``(A) is engaged in commerce; or
``(B) meets any other jurisdictional tests
in the Federal Trade Commission Act.
``(c) State Action for Violations.--
``(1) Authority of states.--In addition to such
other remedies as are provided under State law,
whenever the chief law enforcement officer of a State,
or an official or agency designated by a State, has
reason to believe that any person has violated or is
violating this title, the State--
``(A) may bring an action to enjoin such
violation;
``(B) may bring an action on behalf of its
residents to recover damages for which the
person is liable to such residents under
section 409 as a result of the violation; and
``(C) in the case of any successful action
under subparagraph (A) or (B), shall be awarded
the costs of the action and reasonable attorney
fees as determined by the court.
``(2) Rights of commission.--
``(A) Notice to commission.--The State
shall serve prior written notice of any civil
action under paragraph (1) upon the Federal
Trade Commission and provide the Commission
with a copy of its complaint, except in any
case where such prior notice is not feasible,
in which case the State shall serve such notice
immediately upon instituting such action.
``(B) Intervention.--The Commission shall
have the right--
``(i) to intervene in any action
referred to in subparagraph (A);
``(ii) upon so intervening, to be
heard on all matters arising in the
action; and
``(iii) to file petitions for
appeal.
``(3) Investigatory powers.--For purposes of
bringing any action under this subsection, nothing in
this subsection shall prevent the chief law enforcement
officer, or an official or agency designated by a
State, from exercising the powers conferred on the
chief law enforcement officer or such official by the
laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the
attendance of witnesses or the production of
documentary and other evidence.
``(4) Limitation.--Whenever the Federal Trade
Commission has instituted a civil action for violation
of this title, no State may, during the pendency of
such action, bring an action under this section against
any defendant named in the complaint of the Commission
for any violation of this title that is alleged in that
complaint.
``SEC. 411. STATUTE OF LIMITATIONS.
``Any action to enforce any liability under this title may
be brought before the later of--
``(1) the end of the 5-year period beginning on the
date of the occurrence of the violation involved; or
``(2) in any case in which any credit repair
organization has materially and willfully
misrepresented any information which--
``(A) the credit repair organization is
required, by any provision of this title, to
disclose to any consumer; and
``(B) is material to the establishment of
the credit repair organization's liability to
the consumer under this title,
the end of the 5-year period beginning on the date of
the discovery by the consumer of the misrepresentation.
``SEC. 412. RELATION TO STATE LAW.
``This title shall not annul, alter, affect, or exempt any
person subject to the provisions of this title from complying
with any law of any State except to the extent that such law is
inconsistent with any provision of this title, and then only to
the extent of the inconsistency.
``SEC. 413. EFFECTIVE DATE.
``This title shall apply after the end of the 6-month
period beginning on the date of the enactment of the Credit
Repair Organizations Act, except with respect to contracts
entered into by a credit repair organization before the end of
such period.''.
SEC. 2452. CREDIT WORTHINESS.
It is the sense of the Senate that--
(1) individuals should generally be judged for
credit worthiness based on their own credit worthiness
and not on the zip code or neighborhood in which they
live; and
(2) the Federal Trade Commission, after
consultation with the appropriate Federal banking
agency, should report to the Committee on Banking,
Housing, and Urban Affairs of the Senate as to whether
and how the location of the residence of an applicant
for unsecured credit is considered by many companies
and financial institutions in deciding whether an
applicant should be granted credit.
Subtitle E--Asset Conservation, Lender Liability, and Deposit Insurance
Protection
SEC. 2501. SHORT TITLE.
This subtitle may be cited as the ``Asset Conservation,
Lender Liability, and Deposit Insurance Protection Act of
1996''.
SEC. 2502. CERCLA LENDER AND FIDUCIARY LIABILITY LIMITATIONS
AMENDMENTS.
(a) In General.--Section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9607) is amended by adding at the end the following:
``(n) Liability of Fiduciaries.--
``(1) In general.--The liability of a fiduciary
under any provision of this Act for the release or
threatened release of a hazardous substance at, from,
or in connection with a vessel or facility held in a
fiduciary capacity shall not exceed the assets held in
the fiduciary capacity.
``(2) Exclusion.--Paragraph (1) does not apply to
the extent that a person is liable under this Act
independently of the person's ownership of a vessel or
facility as a fiduciary or actions taken in a fiduciary
capacity.
``(3) Limitation.--Paragraphs (1) and (4) do not
limit the liability pertaining to a release or
threatened release of a hazardous substance if
negligence of a fiduciary causes or contributes to the
release or threatened release.
``(4) Safe harbor.--A fiduciary shall not be liable
in its personal capacity under this Act for--
``(A) undertaking or directing another
person to undertake a response action under
subsection (d)(1) or under the direction of an
on scene coordinator designated under the
National Contingency Plan;
``(B) undertaking or directing another
person to undertake any other lawful means of
addressing a hazardous substance in connection
with the vessel or facility;
``(C) terminating the fiduciary
relationship;
``(D) including in the terms of the
fiduciary agreement a covenant, warranty, or
other term or condition that relates to
compliance with an environmental law, or
monitoring, modifying or enforcing the term or
condition;
``(E) monitoring or undertaking 1 or more
inspections of the vessel or facility;
``(F) providing financial or other advice
or counseling to other parties to the fiduciary
relationship, including the settlor or
beneficiary;
``(G) restructuring, renegotiating, or
otherwise altering the terms and conditions of
the fiduciary relationship;
``(H) administering, as a fiduciary, a
vessel or facility that was contaminated before
the fiduciary relationship began; or
``(I) declining to take any of the actions
described in subparagraphs (B) through (H).
``(5) Definitions.--As used in this Act:
``(A) Fiduciary.--The term `fiduciary'--
``(i) means a person acting for the
benefit of another party as a bona
fide--
``(I) trustee;
``(II) executor;
``(III) administrator;
``(IV) custodian;
``(V) guardian of estates
or guardian ad litem;
``(VI) receiver;
``(VII) conservator;
``(VIII) committee of
estates of incapacitated
persons;
``(IX) personal
representative;
``(X) trustee (including a
successor to a trustee) under
an indenture agreement, trust
agreement, lease, or similar
financing agreement, for debt
securities, certificates of
interest or certificates of
participation in debt
securities, or other forms of
indebtedness as to which the
trustee is not, in the capacity
of trustee, the lender; or
``(XI) representative in
any other capacity that the
Administrator, after providing
public notice, determines to be
similar to the capacities
described in subclauses (I)
through (X); and
``(ii) does not include--
``(I) a person that is
acting as a fiduciary with
respect to a trust or other
fiduciary estate that was
organized for the primary
purpose of, or is engaged in,
actively carrying on a trade or
business for profit, unless the
trust or other fiduciary estate
was created as part of, or to
facilitate, 1 or more estate
plans or because of the
incapacity of a natural person;
or
``(II) a person that
acquires ownership or control
of a vessel or facility with
the objective purpose of
avoiding liability of the
person or of any other person.
``(B) Fiduciary capacity.--The term
`fiduciary capacity' means the capacity of a
person in holding title to a vessel or
facility, or otherwise having control of or an
interest in the vessel or facility, pursuant to
the exercise of the responsibilities of the
person as a fiduciary.
``(6) Savings clause.--Nothing in this subsection--
``(A) affects the rights or immunities or
other defenses that are available under this
Act or other law that is applicable to a person
subject to this subsection; or
``(B) creates any liability for a person or
a private right of action against a fiduciary
or any other person.
``(7) No effect on certain persons.--Nothing in
this subsection applies to a person if the person--
``(A)(i) acts in a capacity other than that
of a fiduciary or in a beneficiary capacity;
and
``(ii) in that capacity, directly or
indirectly benefits from a trust or fiduciary
relationship; or
``(B)(i) is a beneficiary and a fiduciary
with respect to the same fiduciary estate; and
``(ii) as a fiduciary, receives benefits
that exceed customary or reasonable
compensation, and incidental benefits,
permitted under other applicable law.
``(8) Limitation.--This subsection does not
preclude a claim under this Act against--
``(A) the assets of the estate or trust
administered by the fiduciary; or
``(B) a nonemployee agent or independent
contractor retained by a fiduciary.''.
(b) Definition of Owner or Operator.--Section 101(20) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(20)) is amended by adding
at the end the following:
``(E) Exclusion of lenders not participants
in management.--
``(i) Indicia of ownership to
protect security.--The term `owner or
operator' does not include a person
that is a lender that, without
participating in the management of a
vessel or facility, holds indicia of
ownership primarily to protect the
security interest of the person in the
vessel or facility.
``(ii) Foreclosure.--The term
`owner or operator' does not include a
person that is a lender that did not
participate in management of a vessel
or facility prior to foreclosure,
notwithstanding that the person--
``(I) forecloses on the
vessel or facility; and
``(II) after foreclosure,
sells, re-leases (in the case
of a lease finance
transaction), or liquidates the
vessel or facility, maintains
business activities, winds up
operations, undertakes a
response action under section
107(d)(1) or under the
direction of an on-scene
coordinator appointed under the
National Contingency Plan, with
respect to the vessel or
facility, or takes any other
measure to preserve, protect,
or prepare the vessel or
facility prior to sale or
disposition,
if the person seeks to sell, re-lease
(in the case of a lease finance
transaction), or otherwise divest the
person of the vessel or facility at the
earliest practicable, commercially
reasonable time, on commercially
reasonable terms, taking into account
market conditions and legal and
regulatory requirements.
``(F) Participation in management.--For
purposes of subparagraph (E)--
``(i) the term `participate in
management'--
``(I) means actually
participating in the management
or operational affairs of a
vessel or facility; and
``(II) does not include
merely having the capacity to
influence, or the unexercised
right to control, vessel or
facility operations;
``(ii) a person that is a lender
and that holds indicia of ownership
primarily to protect a security
interest in a vessel or facility shall
be considered to participate in
management only if, while the borrower
is still in possession of the vessel or
facility encumbered by the security
interest, the person--
``(I) exercises
decisionmaking control over the
environmental compliance
related to the vessel or
facility, such that the person
has undertaken responsibility
for the hazardous substance
handling or disposal practices
related to the vessel or
facility; or
``(II) exercises control at
a level comparable to that of a
manager of the vessel or
facility, such that the person
has assumed or manifested
responsibility--
``(aa) for the
overall management of
the vessel or facility
encompassing day-to-day
decisionmaking with
respect to
environmental
compliance; or
``(bb) over all or
substantially all of
the operational
functions (as
distinguished from
financial or
administrative
functions) of the
vessel or facility
other than the function
of environmental
compliance;
``(iii) the term `participate in
management' does not include performing
an act or failing to act prior to the
time at which a security interest is
created in a vessel or facility; and
``(iv) the term `participate in
management' does not include--
``(I) holding a security
interest or abandoning or
releasing a security interest;
``(II) including in the
terms of an extension of
credit, or in a contract or
security agreement relating to
the extension, a covenant,
warranty, or other term or
condition that relates to
environmental compliance;
``(III) monitoring or
enforcing the terms and
conditions of the extension of
credit or security interest;
``(IV) monitoring or
undertaking 1 or more
inspections of the vessel or
facility;
``(V) requiring a response
action or other lawful means of
addressing the release or
threatened release of a
hazardous substance in
connection with the vessel or
facility prior to, during, or
on the expiration of the term
of the extension of credit;
``(VI) providing financial
or other advice or counseling
in an effort to mitigate,
prevent, or cure default or
diminution in the value of the
vessel or facility;
``(VII) restructuring,
renegotiating, or otherwise
agreeing to alter the terms and
conditions of the extension of
credit or security interest,
exercising forbearance;
``(VIII) exercising other
remedies that may be available
under applicable law for the
breach of a term or condition
of the extension of credit or
security agreement; or
``(IX) conducting a
response action under section
107(d) or under the direction
of an on-scene coordinator
appointed under the National
Contingency Plan,
if the actions do not rise to the level
of participating in management (within
the meaning of clauses (i) and (ii)).
``(G) Other terms.--As used in this Act:
``(i) Extension of credit.--The
term `extension of credit' includes a
lease finance transaction--
``(I) in which the lessor
does not initially select the
leased vessel or facility and
does not during the lease term
control the daily operations or
maintenance of the vessel or
facility; or
``(II) that conforms with
regulations issued by the
appropriate Federal banking
agency or the appropriate State
bank supervisor (as those terms
are defined in section 3 of the
Federal Deposit Insurance Act
(12 U.S.C. 1813) or with
regulations issued by the
National Credit Union
Administration Board, as
appropriate.
``(ii) Financial or administrative
function.--The term `financial or
administrative function' includes a
function such as that of a credit
manager, accounts payable officer,
accounts receivable officer, personnel
manager, comptroller, or chief
financial officer, or a similar
function.
``(iii) Foreclosure; foreclose.--
The terms `foreclosure' and `foreclose'
mean, respectively, acquiring, and to
acquire, a vessel or facility through--
``(I)(aa) purchase at sale
under a judgment or decree,
power of sale, or nonjudicial
foreclosure sale;
``(bb) a deed in lieu of
foreclosure, or similar
conveyance from a trustee; or
``(cc) repossession,
if the vessel or facility was security
for an extension of credit previously
contracted;
``(II) conveyance pursuant
to an extension of credit
previously contracted,
including the termination of a
lease agreement; or
``(III) any other formal or
informal manner by which the
person acquires, for subsequent
disposition, title to or
possession of a vessel or
facility in order to protect
the security interest of the
person.
``(iv) Lender.--The term `lender'
means--
``(I) an insured depository
institution (as defined in
section 3 of the Federal
Deposit Insurance Act (12
U.S.C. 1813));
``(II) an insured credit
union (as defined in section
101 of the Federal Credit Union
Act (12 U.S.C. 1752));
``(III) a bank or
association chartered under the
Farm Credit Act of 1971 (12
U.S.C. 2001 et seq.);
``(IV) a leasing or trust
company that is an affiliate of
an insured depository
institution;
``(V) any person (including
a successor or assignee of any
such person) that makes a bona
fide extension of credit to or
takes or acquires a security
interest from a nonaffiliated
person;
``(VI) the Federal National
Mortgage Association, the
Federal Home Loan Mortgage
Corporation, the Federal
Agricultural Mortgage
Corporation, or any other
entity that in a bona fide
manner buys or sells loans or
interests in loans;
``(VII) a person that
insures or guarantees against a
default in the repayment of an
extension of credit, or acts as
a surety with respect to an
extension of credit, to a
nonaffiliated person; and
``(VIII) a person that
provides title insurance and
that acquires a vessel or
facility as a result of
assignment or conveyance in the
course of underwriting claims
and claims settlement.
``(v) Operational function.--The
term `operational function' includes a
function such as that of a facility or
plant manager, operations manager,
chief operating officer, or chief
executive officer.
``(vi) Security interest.--The term
`security interest' includes a right
under a mortgage, deed of trust,
assignment, judgment lien, pledge,
security agreement, factoring
agreement, or lease and any other right
accruing to a person to secure the
repayment of money, the performance of
a duty, or any other obligation by a
nonaffiliated person.''.
SEC. 2503. CONFORMING AMENDMENT.
Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C.
6991b(h)) is amended by striking paragraph (9) and inserting
the following:
``(9) Definition of owner or operator.--
``(A) In general.--As used in this
subtitle, the terms `owner' and `operator' do
not include a person that, without
participating in the management of an
underground storage tank and otherwise not
engaged in petroleum production, refining, or
marketing, holds indicia of ownership primarily
to protect the person's security interest.
``(B) Security interest holders.--The
provisions regarding holders of security
interests in subparagraphs (E) through (G) of
section 101(20) and the provisions regarding
fiduciaries at section 107(n) of the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 shall
apply in determining a person's liability as an
owner or operator of an underground storage
tank for the purposes of this subtitle.
``(C) Effect on rule.--Nothing in
subparagraph (B) shall be construed as
modifying or affecting the final rule issued by
the Administrator on September 7, 1995 (60 Fed.
Reg. 46,692), or as limiting the authority of
the Administrator to amend the final rule, in
accordance with applicable law. The final rule
in effect on the date of enactment of this
subparagraph shall prevail over any
inconsistent provision regarding holders of
security interests in subparagraphs (E) through
(G) of section 101(20) or any inconsistent
provision regarding fiduciaries in section
107(n) of the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980. Any amendment to the final rule shall be
consistent with the provisions regarding
holders of security interests in subparagraphs
(E) through (G) of section 101(20) and the
provisions regarding fiduciaries in section
107(n) of the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980. This subparagraph does not preclude
judicial review of any amendment of the final
rule made after the date of enactment of this
subparagraph.''.
SEC. 2504. LENDER LIABILITY RULE.
(a) In General.--Effective on the date of enactment of this
Act, the portion of the final rule issued by the Administrator
of the Environmental Protection Agency on April 29, 1992 (57
Fed. Reg. 18,344), prescribing section 300.1105 of title 40,
Code of Federal Regulations, shall be deemed to have been
validly issued under authority of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.) and to have been effective according
to the terms of the final rule. No additional judicial
proceedings shall be necessary or may be held with respect to
such portion of the final rule. Any reference in that portion
of the final rule to section 300.1100 of title 40, Code of
Federal Regulations, shall be deemed to be a reference to the
amendments made by this subtitle.
(b) Judicial Review.--Notwithstanding section 113(a) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9613(a)), no court shall have
jurisdiction to review the portion of the final rule issued by
the Administrator of the Environmental Protection Agency on
April 29, 1992 (57 Fed. Reg. 18,344) that prescribed section
300.1105 of title 40, Code of Federal Regulations.
(c) Amendment.--No provision of this section shall be
construed as limiting the authority of the President or a
delegee of the President to amend the portion of the final rule
issued by the Administrator of the Environmental Protection
Agency on April 29, 1992 (57 Fed. Reg. 18,344), prescribing
section 300.1105 of title 40, Code of Federal Regulations,
consistent with the amendments made by this subtitle and other
applicable law.
(d) Judicial Review.--No provision of this section shall be
construed as precluding judicial review of any amendment of
section 300.1105 of title 40, Code of Federal Regulations, made
after the date of enactment of this Act.
SEC. 2505. EFFECTIVE DATE.
The amendments made by this subtitle shall be applicable
with respect to any claim that has not been finally adjudicated
as of the date of enactment of this Act.
Subtitle F--Miscellaneous
SEC. 2601. FEDERAL RESERVE BOARD STUDY.
(a) Study of Electronic Stored Value Products.--
(1) Study.--The Board shall conduct a study of
electronic stored value products which evaluates
whether provisions of the Electronic Fund Transfer Act
could be applied to such products without adversely
impacting the cost, development, and operation of such
products.
(2) Considerations.--In conducting its study under
paragraph (1), the Board shall consider whether
alternatives to regulation under the Electronic Fund
Transfer Act, such as allowing competitive market
forces to shape the development and operation of
electronic stored value products, could more
efficiently achieve the objectives embodied in that
Act.
(b) Report.--The Board shall submit a report of its study
under subsection (a) to the Congress not later than 6 months
after the date of enactment of this Act.
(c) Action To Finalize.--The Board shall take no action to
finalize any amendments to regulations under the Electronic
Fund Transfer Act that would regulate electronic stored value
products until the later of--
(1) 3 months after the date on which the report is
submitted to the Congress under subsection (b); or
(2) 9 months after the date of enactment of this
Act.
SEC. 2602. TREATMENT OF CLAIMS ARISING FROM BREACH OF CONTRACTS
EXECUTED BY THE RECEIVER OR CONSERVATOR.
Section 11(d) of the Federal Deposit Insurance Act (12
U.S.C. 1821(d)) is amended by adding at the end the following
new paragraph:
``(20) Treatment of claims arising from breach of
contracts executed by the receiver or conservator.--
Notwithstanding any other provision of this subsection,
any final and unappealable judgment for monetary
damages entered against a receiver or conservator for
an insured depository institution for the breach of an
agreement executed or approved by such receiver or
conservator after the date of its appointment shall be
paid as an administrative expense of the receiver or
conservator. Nothing in this paragraph shall be
construed to limit the power of a receiver or
conservator to exercise any rights under contract or
law, including to terminate, breach, cancel, or
otherwise discontinue such agreement.''.
SEC. 2603. CRIMINAL SANCTIONS FOR FICTITIOUS FINANCIAL INSTRUMENTS AND
COUNTERFEITING.
(a) Increased Penalties for Counterfeiting Violations.--
Sections 474 and 474A of title 18, United States Code, are
amended by striking ``class C felony'' each place that term
appears and inserting ``class B felony''.
(b) Criminal Penalty for Production, Sale, Transportation,
Possession of Fictitious Financial Instruments Purporting to be
Those of the States, of Political Subdivisions, and of Private
Organizations.--
(1) In general.--Chapter 25 of title 18, United
States Code, is amended by inserting after section 513,
the following new section:
``Sec. 514. Fictitious obligations
``(a) Whoever, with the intent to defraud--
``(1) draws, prints, processes, produces,
publishes, or otherwise makes, or attempts or causes
the same, within the United States;
``(2) passes, utters, presents, offers, brokers,
issues, sells, or attempts or causes the same, or with
like intent possesses, within the United States; or
``(3) utilizes interstate or foreign commerce,
including the use of the mails or wire, radio, or other
electronic communication, to transmit, transport, ship,
move, transfer, or attempts or causes the same, to,
from, or through the United States,
any false or fictitious instrument, document, or other item
appearing, representing, purporting, or contriving through
scheme or artifice, to be an actual security or other financial
instrument issued under the authority of the United States, a
foreign government, a State or other political subdivision of
the United States, or an organization, shall be guilty of a
class B felony.
``(b) For purposes of this section, any term used in this
section that is defined in section 513(c) has the same meaning
given such term in section 513(c).
``(c) The United States Secret Service, in addition to any
other agency having such authority, shall have authority to
investigate offenses under this section.''.
(2) Technical amendment.--The analysis for chapter
25 of title 18, United States Code, is amended by
inserting after the item relating to section 513 the
following:
``514. Fictitious obligations.''.
SEC. 2604. AMENDMENTS TO THE TRUTH IN SAVINGS ACT.
(a) Repeal.--Effective as of the end of the 5-year period
beginning on the date of the enactment of this Act, section 271
of the Truth in Savings Act (12 U.S.C. 4310) is repealed.
(b) On-Premises Displays.--Section 263(c) of the Truth in
Savings Act (12 U.S.C. 4302(c)) is amended--
(1) by striking paragraph (2);
(2) by striking ``(1) In general.--''; and
(3) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and indenting
appropriately.
(c) Depository Institution Definition.--Section 274(6) of
the Truth in Savings Act (12 U.S.C. 4313(6)) is amended by
inserting before the period ``, but does not include any
nonautomated credit union that was not required to comply with
the requirements of this title as of the date of enactment of
the Economic Growth and Regulatory Paperwork Reduction Act of
1996, pursuant to the determination of the National Credit
Union Administration Board''.
(d) Time Deposits.--Section 266(a)(3) of the Truth in
Savings Act (12 U.S.C. 4305(a)(3)) is amended by inserting
``has a maturity of more than 30 days'' after ``deposit
which''.
SEC. 2605. CONSUMER LEASING ACT AMENDMENTS.
(a) Congressional Findings and Declaration of Purposes.--
(1) Findings.--The Congress finds that--
(A) competition among the various financial
institutions and other firms engaged in the
business of consumer leasing is greatest when
there is informed use of leasing;
(B) the informed use of leasing results
from an awareness of the cost of leasing by
consumers; and
(C) there has been a continued trend toward
leasing automobiles and other durable goods for
consumer use as an alternative to installment
credit sales and that leasing product advances
have occurred such that lessors have been
unable to provide consistent industry-wide
disclosures to fully account for the
competitive progress that has occurred.
(2) Purposes.--The purposes of this section are--
(A) to assure a simple, meaningful
disclosure of leasing terms so that the
consumer will be able to compare more readily
the various leasing terms available to the
consumer and avoid the uninformed use of
leasing, and to protect the consumer against
inaccurate and unfair leasing practices;
(B) to provide for adequate cost
disclosures that reflect the marketplace
without impairing competition and the
development of new leasing products; and
(C) to provide the Board with the
regulatory authority to assure a simplified,
meaningful definition and disclosure of the
terms of certain leases of personal property
for personal, family, or household purposes so
as to--
(i) enable the lessee to compare
more readily the various lease terms
available to the lessee;
(ii) enable comparison of lease
terms with credit terms, as
appropriate; and
(iii) assure meaningful and
accurate disclosures of lease terms in
advertisements.
(b) Regulations.--
(1) In general.--Chapter 5 of the Truth in Lending
Act (15 U.S.C. 1667 et seq.) is amended by adding at
the end the following new section:
``SEC. 187. REGULATIONS.
``(a) Regulations Authorized.--
``(1) In general.--The Board shall prescribe
regulations to update and clarify the requirements and
definitions applicable to lease disclosures and
contracts, and any other issues specifically related to
consumer leasing, to the extent that the Board
determines such action to be necessary--
``(A) to carry out this chapter;
``(B) to prevent any circumvention of this
chapter; or
``(C) to facilitate compliance with the
requirements of the chapter.
``(2) Classifications, adjustments.--Any
regulations prescribed under paragraph (1) may contain
classifications and differentiations, and may provide
for adjustments and exceptions for any class of
transactions, as the Board considers appropriate.
``(b) Model Disclosure.--
``(1) Publication.--The Board shall establish and
publish model disclosure forms to facilitate compliance
with the disclosure requirements of this chapter and to
aid the consumer in understanding the transaction to
which the subject disclosure form relates.
``(2) Use of automated equipment.--In establishing
model forms under this subsection, the Board shall
consider the use by lessors of data processing or
similar automated equipment.
``(3) Use optional.--A lessor may utilize a model
disclosure form established by the Board under this
subsection for purposes of compliance with this
chapter, at the discretion of the lessor.
``(4) Effect of use.--Any lessor who properly uses
the material aspects of any model disclosure form
established by the Board under this subsection shall be
deemed to be in compliance with the disclosure
requirements to which the form relates.''.
(2) Effective date.--
(A) In general.--Any regulation of the
Board, or any amendment or interpretation of
any regulation of the Board issued pursuant to
section 187 of the Truth in Lending Act (as
added by paragraph (1) of this subsection),
shall become effective on the first October 1
that follows the date of promulgation of that
regulation, amendment, or interpretation by not
less than 6 months.
(B) Longer period.--The Board may, at the
discretion of the Board, extend the time period
referred to in subparagraph (A) in accordance
with subparagraph (C), to permit lessors to
adjust their disclosure forms to accommodate
the requirements of section 127 of the Truth in
Lending Act (as added by paragraph (1) of this
subsection).
(C) Shorter period.--The Board may shorten
the time period referred to in subparagraph
(A), if the Board makes a specific finding that
such action is necessary to comply with the
findings of a court or to prevent an unfair or
deceptive practice.
(D) Compliance before effective date.--Any
lessor may comply with any means of disclosure
provided for in section 127 of the Truth in
Lending Act (as added by paragraph (1) of this
subsection) before the effective date of such
requirement.
(E) Definitions.--For purposes of this
subsection, the term ``lessor'' has the same
meaning as in section 181 of the Truth in
Lending Act.
(3) Clerical amendment.--The table of sections for
chapter 5 of title I of the Truth in Lending Act (15
U.S.C. 1601 et seq.) is amended by inserting after the
item relating to section 186 the following new item:
``187. Regulations.''.
(c) Consumer Lease Advertising.--Section 184 of the Truth
in Lending Act (15 U.S.C. 1667c) is amended--
(1) by striking subsections (a) and (c);
(2) by redesignating subsection (b) as subsection
(c); and
(3) by inserting before subsection (c), as so
redesignated, the following:
``(a) In General.--If an advertisement for a consumer lease
includes a statement of the amount of any payment or a
statement that any or no initial payment is required, the
advertisement shall clearly and conspicuously state, as
applicable--
``(1) the transaction advertised is a lease;
``(2) the total amount of any initial payments
required on or before consummation of the lease or
delivery of the property, whichever is later;
``(3) that a security deposit is required;
``(4) the number, amount, and timing of scheduled
payments; and
``(5) with respect to a lease in which the
liability of the consumer at the end of the lease term
is based on the anticipated residual value of the
property, that an extra charge may be imposed at the
end of the lease term.
``(b) Advertising Medium Not Liable.--No owner or employee
of any entity that serves as a medium in which an advertisement
appears or through which an advertisement is disseminated,
shall be liable under this section.''.
SEC. 2606. STUDY OF CORPORATE CREDIT UNIONS.
(a) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) Administration.--The term ``Administration''
means the National Credit Union Administration.
(2) Board.--The term ``Board'' means the National
Credit Union Administration Board.
(3) Corporate credit union.--The term ``corporate
credit union'' has the meaning given such term by rule
or regulation of the Board.
(4) Fund.--The term ``Fund'' means the National
Credit Union Share Insurance Fund established under
section 203 of the Federal Credit Union Act.
(5) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury.
(b) Study.--
(1) In general.--The Secretary, in consultation
with the Board, the Corporation, the Comptroller of the
Currency, and the Administration, shall conduct a study
and evaluation of--
(A) the oversight and supervisory practices
of the Administration concerning the Fund,
including the treatment of amounts deposited in
the Fund pursuant to section 202(c) of the
Federal Credit Union Act, including analysis
of--
(i) whether those amounts should
be--
(I) refundable; or
(II) treated as expenses;
and
(ii) the use of those amounts in
determining equity capital ratios;
(B) the potential for, and potential
effects of, administration of the Fund by an
entity other than the Administration;
(C) the 10 largest corporate credit unions
in the United States, conducted in cooperation
with appropriate employees of other Federal
agencies with expertise in the examination of
federally insured financial institutions,
including--
(i) the investment practices of
those credit unions; and
(ii) the financial stability,
financial operations, and financial
controls of those credit unions;
(D) the regulations of the Administration;
and
(E) the supervision of corporate credit
unions by the Administration.
(c) Report.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of the Congress, a report that includes
the results of the study and evaluation conducted under
subsection (b), together with any recommendations that the
Secretary considers to be appropriate.
SEC. 2607. REPORT ON THE RECONCILIATION OF DIFFERENCES BETWEEN
REGULATORY ACCOUNTING PRINCIPLES AND GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES.
Not later than 180 days after the date of enactment of this
Act, each appropriate Federal banking agency shall submit to
the Committee on Banking and Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate, a report describing both the
actions that have been taken by the agency and the actions that
will be taken by the agency to eliminate or conform
inconsistent or duplicative accounting and reporting
requirements applicable to reports or statements filed with any
such agency by insured depository institutions, as required by
section 121 of the Federal Deposit Insurance Corporation
Improvement Act of 1991.
SEC. 2608. STATE-BY-STATE AND METROPOLITAN AREA-BY-METROPOLITAN AREA
STUDY OF BANK FEES.
Section 1002(b)(2)(A) of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note) is
amended to read as follows:
``(A) a description of any discernible
trend, in the Nation as a whole, in each of the
50 States, and in each consolidated
metropolitan statistical area or primary
metropolitan statistical area (as defined by
the Director of the Office of Management and
Budget), in the cost and availability of retail
banking services (including fees imposed for
providing such services), that delineates
differences between insured depository
institutions on the basis of both the size of
the institution and any engagement of the
institution in multistate activity; and''.
SEC. 2609. PROSPECTIVE APPLICATION OF GOLD CLAUSES IN CONTRACTS.
Section 5118(d)(2) of title 31, United States Code, is
amended by adding at the end the following: ``This paragraph
shall apply to any obligation issued on or before October 27,
1977, notwithstanding any assignment or novation of such
obligation after October 27, 1977, unless all parties to the
assignment or novation specifically agree to include a gold
clause in the new agreement. Nothing in the preceding sentence
shall be construed to affect the enforceability of a Gold
Clause contained in any obligation issued after October 27,
1977 if the enforceability of that Gold Clause has been finally
adjudicated before the date of enactment of the Economic Growth
and Regulatory Paperwork Reduction Act of 1996.''.
SEC. 2610. QUALIFIED FAMILY PARTNERSHIPS.
Section 2 of the Bank Holding Company Act of 1956 (12
U.S.C. 1841) is amended--
(1) in subsection (b), by inserting ``, and shall
not include a qualified family partnership'' after ``by
any State''; and
(2) in subsection (o), by adding at the end the
following:
``(10) Qualified family partnership.--The term
`qualified family partnership' means a general or
limited partnership that the Board determines--
``(A) does not directly control any bank,
except through a registered bank holding
company;
``(B) does not control more than 1
registered bank holding company;
``(C) does not engage in any business
activity, except indirectly through ownership
of other business entities;
``(D) has no investments other than those
permitted for a bank holding company pursuant
to section 4(c);
``(E) is not obligated on any debt, either
directly or as a guarantor;
``(F) has partners, all of whom are
either--
``(i) individuals related to each
other by blood, marriage (including
former marriage), or adoption; or
``(ii) trusts for the primary
benefit of individuals related as
described in clause (i); and
``(G) has filed with the Board a statement
that includes--
``(i) the basis for the eligibility
of the partnership under subparagraph
(F);
``(ii) a list of the existing
activities and investments of the
partnership;
``(iii) a commitment to comply with
this paragraph;
``(iv) a commitment to comply with
section 7 of the Federal Deposit
Insurance Act with respect to any
acquisition of control of an insured
depository institution occurring after
date of enactment of this paragraph;
and
``(v) a commitment to be subject,
to the same extent as if the qualified
family partnership were a bank holding
company--
``(I) to examination by the
Board to assure compliance with
this paragraph; and
``(II) to section 8 of the
Federal Deposit Insurance
Act.''.
SEC. 2611. COOPERATIVE EFFORTS BETWEEN DEPOSITORY INSTITUTIONS AND
FARMERS AND RANCHERS IN DROUGHT-STRICKEN AREAS.
(a) Findings.--The Congress hereby finds the following:
(1) Severe drought is being experienced in the
Plains and the Southwest portions of our country.
(2) Soil erosion is becoming a critical issue as
the dry season approaches and summer winds may rob
these fields of nutrient-rich topsoil.
(3) Without immediate assistance, ranchers and
farmers would be forced to cull their herds bringing
tremendous volatility in the beef market.
(4) The American people will feel the impact of
this drought in their pocketbooks through higher prices
for grain products.
(5) The communities in drought-stricken areas are
suffering and borrowers may have difficulty meeting
their obligations to financial institutions.
(6) Congress has already passed the Depository
Institutions Disaster Relief Act of 1992 which allows
financial institutions to make emergency exceptions to
the appraisal requirement in times of national
disasters.
(b) Sense of the Congress.--It is the sense of the Congress
that financial institutions and Federal bank regulators should
work cooperatively with farmers and ranchers in communities
affected by drought conditions to allow financial obligations
to be met without imposing undue burdens.
SEC. 2612. STREAMLINING PROCESS FOR DETERMINING NEW NONBANKING
ACTIVITIES.
Section 4(c)(8) of the Bank Holding Company Act of 1956 (12
U.S.C. 1843(c)(8)) is amended by striking ``and opportunity for
hearing'' and inserting the following: ``(and opportunity for
hearing in the case of an acquisition of a savings
association)''.
SEC. 2613. AUTHORIZING BANK SERVICE COMPANIES TO ORGANIZE AS LIMITED
LIABILITY COMPANIES.
(a) Amendment to Short Title.--Section 1 of the Bank
Service Corporation Act (12 U.S.C. 1861(a)) is amended by
striking subsection (a) and inserting the following new
subsection:
``(a) Short Title.--This Act may be cited as the `Bank
Service Company Act'.'';
(b) Amendments to Definitions.--Section 1(b) of the Bank
Service Corporation Act (12 U.S.C. 1861(b)) is amended--
(1) by striking paragraph (2) and inserting the
following new paragraph:
``(2) the term `bank service company' means--
``(A) any corporation--
``(i) which is organized to perform
services authorized by this Act; and
``(ii) all of the capital stock of
which is owned by 1 or more insured
banks; and
``(B) any limited liability company--
``(i) which is organized to perform
services authorized by this Act; and
``(ii) all of the members of which
are 1 or more insured banks.'';
(2) in paragraph (6)--
(A) by striking ``corporation'' and
inserting ``company''; and
(B) by striking ``and'' after the
semicolon;
(3) by redesignating paragraph (7) as paragraph (8)
and inserting after paragraph (6) the following new
paragraph:
``(7) the term `limited liability company' means
any company, partnership, trust, or similar business
entity organized under the law of a State (as defined
in section 3 of the Federal Deposit Insurance Act)
which provides that a member or manager of such company
is not personally liable for a debt, obligation, or
liability of the company solely by reason of being, or
acting as, a member or manager of such company; and'';
and
(4) in paragraph (8) (as so redesignated)--
(A) by striking ``corporation'' each place
such term appears and inserting ``company'';
and
(B) by striking ``capital stock'' and
inserting ``equity''.
(c) Amendments to Section 2.--Section 2 of the Bank Service
Corporation Act (12 U.S.C. 1862) is amended--
(1) by striking ``corporation'' and inserting
``company'';
(2) by striking ``corporations'' and inserting
``companies''; and
(3) in the heading for such section, by striking
``corporation'' and inserting ``company''.
(d) Amendments to Section 3.--Section 3 of the Bank Service
Corporation Act (12 U.S.C. 1863) is amended--
(1) by striking ``corporation'' each place such
term appears and inserting ``company''; and
(2) in the heading for such section, by striking
``corporation'' and inserting ``company''.
(e) Amendments to Section 4.--Section 4 of the Bank Service
Corporation Act (12 U.S.C. 1864) is amended--
(1) by striking ``corporation'' each place such
term appears and inserting ``company'';
(2) in subsection (b), by inserting ``or members''
after ``shareholders'' each place such term appears;
(3) in subsections (c) and (d), by inserting ``or
member'' after ``shareholder'' each place such term
appears;
(4) in subsection (e)--
(A) by inserting ``or members'' after
``national bank and State bank shareholders'';
(B) by striking ``its national bank
shareholder or shareholders'' and inserting
``any shareholder or member of the company
which is a national bank'';
(C) by striking ``its State bank
shareholder or shareholders'' and inserting
``any shareholder or member of the company
which is a State bank'';
(D) by striking ``such State bank or
banks'' and inserting ``any such State bank'';
and
(E) by inserting ``or members'' after
``State bank and national bank shareholders'';
and
(5) in the heading for such section, by striking
``corporation'' and inserting ``company''.
(f) Amendments to Section 5.--Section 5 of the Bank Service
Corporation Act (12 U.S.C. 1865) is amended--
(1) by striking ``corporation'' each place such
term appears and inserting ``company''; and
(2) in the heading for such section, by striking
``corporations'' and inserting ``companies''.
(g) Amendments to Section 6.--Section 6 of the Bank Service
Corporation Act (12 U.S.C. 1866) is amended--
(1) by striking ``corporation'' each place such
term appears and inserting ``company'';
(2) by inserting ``or is not a member of'' after
``does not own stock in'';
(3) by striking ``the nonstockholding institution''
and inserting ``such depository institution'';
(4) by inserting ``or is a member of'' after ``that
owns stock in'';
(5) in paragraphs (1) and (2), by inserting ``or
nonmember'' after ``nonstockholding''; and
(6) in the heading for such section by inserting
``or nonmembers'' after ``nonstockholders''.
(h) Amendments to Section 7.--Section 7 of the Bank Service
Corporation Act (12 U.S.C. 1867) is amended--
(1) by striking ``corporation'' each place such
term appears and inserting ``company'';
(2) in subsection (a)--
(A) by inserting ``or principal member''
after ``principal shareholder''; and
(B) by inserting ``or member'' after
``other shareholder''; and
(3) in the heading for such section, by striking
``corporations'' and inserting ``companies''.
SEC. 2614. RETIREMENT CERTIFICATES OF DEPOSITS.
(a) In General.--Section 3(l)(5) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(l)(5) is amended--
(1) in subparagraph (A), by striking ``and'' at the
end;
(2) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(C) any liability of an insured
depository institution that arises under an
annuity contract, the income of which is tax
deferred under section 72 of the Internal
Revenue Code of 1986.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to any liability of an insured depository that
arises under an annuity contract issued on or after the date of
enactment of this Act.
SEC. 2615. PROHIBITIONS ON CERTAIN DEPOSITORY INSTITUTION ASSOCIATIONS
WITH GOVERNMENT-SPONSORED ENTERPRISES.
(a) Credit Unions.--Section 201 of the Federal Credit Union
Act (12 U.S.C. 1781) is amended by adding at the end the
following new subsection:
``(e) Prohibition on Certain Associations.--
``(1) In general.--No insured credit union may be
sponsored by or accept financial support, directly or
indirectly, from any Government-sponsored enterprise,
if the credit union includes the customers of the
Government-sponsored enterprise in the field of
membership of the credit union.
``(2) Routine business financing.--Paragraph (1)
shall not apply with respect to advances or other forms
of financial assistance generally provided by a
Government-sponsored enterprise in the ordinary course
of business of the enterprise.
``(3) Government-sponsored enterprise defined.--For
purposes of this subsection, the term `Government-
sponsored enterprise' has the meaning given to such
term in section 1404(e)(1)(A) of the Financial
Institutions Reform, Recovery, and Enforcement Act of
1989.
``(4) Employee credit union.--No provision of this
subsection shall be construed as prohibiting any
employee of a Government-sponsored enterprise from
becoming a member of a credit union whose field of
membership is the employees of such enterprise.''.
(b) Banks and Savings Associations.--Section 18 of the
Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by
adding at the end the following new subsection:
``(s) Prohibition on Certain Affiliations.--
``(1) In general.--No depository institution may be
an affiliate of, be sponsored by, or accept financial
support, directly or indirectly, from any Government-
sponsored enterprise.
``(2) Exception for members of a federal home loan
bank.--Paragraph (1) shall not apply with respect to
the membership of a depository institution in a Federal
home loan bank.
``(3) Routine business financing.--Paragraph (1)
shall not apply with respect to advances or other forms
of financial assistance provided by a Government-
sponsored enterprise pursuant to the statutes governing
such enterprise.
``(4) Government-sponsored enterprise defined.--For
purposes of this subsection, the term `Government-
sponsored enterprise' has the meaning given to such
term in section 1404(e)(1)(A) of the Financial
Institutions Reform, Recovery, and Enforcement Act of
1989.''.
(c) Effective Date.--The amendments made by this section
shall apply on and after January 1, 1996.
Subtitle G--Deposit Insurance Funds
SEC. 2701. SHORT TITLE.
This subtitle may be cited as the ``Deposit Insurance Funds
Act of 1996''.
SEC. 2702. SPECIAL ASSESSMENT TO CAPITALIZE SAIF.
(a) In General.--Except as provided in subsection (f), the
Board of Directors of the Federal Deposit Insurance Corporation
shall impose a special assessment on the SAIF-assessable
deposits of each insured depository institution in accordance
with assessment regulations of the Corporation at a rate
applicable to all such institutions that the Board of
Directors, in its sole discretion, determines (after taking
into account the adjustments described in subsections (g), (h),
and (j)) will cause the Savings Association Insurance Fund to
achieve the designated reserve ratio on the first business day
of the 1st month beginning after the date of the enactment of
this Act.
(b) Factors To Be Considered.--In carrying out subsection
(a), the Board of Directors shall base its determination on--
(1) the monthly Savings Association Insurance Fund
balance most recently calculated;
(2) data on insured deposits reported in the most
recent reports of condition filed not later than 70
days before the date of enactment of this Act by
insured depository institutions; and
(3) any other factors that the Board of Directors
deems appropriate.
(c) Date of Determination.--For purposes of subsection (a),
the amount of the SAIF-assessable deposits of an insured
depository institution shall be determined as of March 31,
1995.
(d) Date Payment Due.--Except as provided in subsection
(g), the special assessment imposed under this section shall
be--
(1) due on the first business day of the 1st month
beginning after the date of the enactment of this Act;
and
(2) paid to the Corporation on the later of--
(A) the first business day of the 1st month
beginning after such date of enactment; or
(B) such other date as the Corporation
shall prescribe, but not later than 60 days
after the date of enactment of this Act.
(e) Assessment Deposited in SAIF.--Notwithstanding any
other provision of law, the proceeds of the special assessment
imposed under this section shall be deposited in the Savings
Association Insurance Fund.
(f) Exemptions for Certain Institutions.--
(1) Exemption for weak institutions.--The Board of
Directors may, by order, in its sole discretion, exempt
any insured depository institution that the Board of
Directors determines to be weak, from paying the
special assessment imposed under this section if the
Board of Directors determines that the exemption would
reduce risk to the Savings Association Insurance Fund.
(2) Guidelines required.--Not later than 30 days
after the date of enactment of this Act, the Board of
Directors shall prescribe guidelines setting forth the
criteria that the Board of Directors will use in
exempting institutions under paragraph (1). Such
guidelines shall be published in the Federal Register.
(3) Exemption for certain newly chartered and other
defined institutions.--
(A) In general.--In addition to the
institutions exempted from paying the special
assessment under paragraph (1), the Board of
Directors shall exempt any insured depository
institution from payment of the special
assessment if the institution--
(i) was in existence on October 1,
1995, and held no SAIF-assessable
deposits before January 1, 1993;
(ii) is a Federal savings bank
which--
(I) was established de novo
in April 1994 in order to
acquire the deposits of a
savings association which was
in default or in danger of
default; and
(II) received minority
interim capital assistance from
the Resolution Trust
Corporation under section
21A(w) of the Federal Home Loan
Bank Act in connection with the
acquisition of any such savings
association; or
(iii) is a savings association, the
deposits of which are insured by the
Savings Association Insurance Fund,
which--
(I) before January 1, 1987,
was chartered as a Federal
savings bank insured by the
Federal Savings and Loan
Insurance Corporation for the
purpose of acquiring all or
substantially all of the assets
and assuming all or
substantially all of the
deposit liabilities of a
national bank in a transaction
consummated after July 1, 1986;
and
(II) as of the date of that
transaction, had assets of less
than $150,000,000.
(B) Definition.--For purposes of this
paragraph, an institution shall be deemed to
have held SAIF-assessable deposits before
January 1, 1993, if--
(i) it directly held SAIF-
assessable deposits before that date;
or
(ii) it succeeded to, acquired,
purchased, or otherwise holds any SAIF-
assessable deposits as of the date of
enactment of this Act that were SAIF-
assessable deposits before January 1,
1993.
(4) Exempt institutions required to pay assessments
at former rates.--
(A) Payments to saif and dif.--Any insured
depository institution that the Board of
Directors exempts under this subsection from
paying the special assessment imposed under
this section shall pay semiannual assessments--
(i) during calendar years 1996,
1997, and 1998, into the Savings
Association Insurance Fund, based on
SAIF-assessable deposits of that
institution, at assessment rates
calculated under the schedule in effect
for Savings Association Insurance Fund
members on June 30, 1995; and
(ii) during calendar year 1999--
(I) into the Deposit
Insurance Fund, based on SAIF-
assessable deposits of that
institution as of December 31,
1998, at assessment rates
calculated under the schedule
in effect for Savings
Association Insurance Fund
members on June 30, 1995; or
(II) in accordance with
clause (i), if the Bank
Insurance Fund and the Savings
Association Insurance Fund are
not merged into the Deposit
Insurance Fund.
(B) Optional pro rata payment of special
assessment.--This paragraph shall not apply
with respect to any insured depository
institution (or successor insured depository
institution) that has paid, during any calendar
year from 1997 through 1999, upon such terms as
the Corporation may announce, an amount equal
to the product of--
(i) 16.7 percent of the special
assessment that the institution would
have been required to pay under
subsection (a), if the Board of
Directors had not exempted the
institution; and
(ii) the number of full semiannual
periods remaining between the date of
the payment and December 31, 1999.
(g) Special Election for Certain Institutions Facing
Hardship as a Result of the Special Assessment.--
(1) Election authorized.--If--
(A) an insured depository institution, or
any depository institution holding company
which, directly or indirectly, controls such
institution, is subject to terms or covenants
in any debt obligation or preferred stock
outstanding on September 13, 1995; and
(B) the payment of the special assessment
under subsection (a) would pose a significant
risk of causing such depository institution or
holding company to default or violate any such
term or covenant,
the depository institution may elect, with the approval
of the Corporation, to pay such special assessment in
accordance with paragraphs (2) and (3) in lieu of
paying such assessment in the manner required under
subsection (a).
(2) 1st assessment.--An insured depository
institution which makes an election under paragraph (1)
shall pay an assessment in an amount equal to 50
percent of the amount of the special assessment that
would otherwise apply under subsection (a), by the date
on which such special assessment is payable under
subsection (d).
(3) 2d assessment.--An insured depository
institution which makes an election under paragraph (1)
shall pay a 2d assessment, by the date established by
the Board of Directors in accordance with paragraph
(4), in an amount equal to the product of 51 percent of
the rate determined by the Board of Directors under
subsection (a) for determining the amount of the
special assessment and the SAIF-assessable deposits of
the institution on March 31, 1996, or such other date
in calendar year 1996 as the Board of Directors
determines to be appropriate.
(4) Due date of 2d assessment.--The date
established by the Board of Directors for the payment
of the assessment under paragraph (3) by a depository
institution shall be the earliest practicable date
which the Board of Directors determines to be
appropriate, which is at least 15 days after the date
used by the Board of Directors under paragraph (3).
(5) Supplemental special assessment.--An insured
depository institution which makes an election under
paragraph (1) shall pay a supplemental special
assessment, at the same time the payment under
paragraph (3) is made, in an amount equal to the
product of--
(A) 50 percent of the rate determined by
the Board of Directors under subsection (a) for
determining the amount of the special
assessment; and
(B) 95 percent of the amount by which the
SAIF-assessable deposits used by the Board of
Directors for determining the amount of the 1st
assessment under paragraph (2) exceeds, if any,
the SAIF-assessable deposits used by the Board
for determining the amount of the 2d assessment
under paragraph (3).
(h) Adjustment of Special Assessment for Certain Bank
Insurance Fund Member Banks.--
(1) In general.--For purposes of computing the
special assessment imposed under this section with
respect to a Bank Insurance Fund member bank, the
amount of any deposits of any insured depository
institution which section 5(d)(3) of the Federal
Deposit Insurance Act treats as insured by the Savings
Association Insurance Fund shall be reduced by 20
percent--
(A) if the adjusted attributable deposit
amount of the Bank Insurance Fund member bank
is less than 50 percent of the total domestic
deposits of that member bank as of June 30,
1995; or
(B) if, as of June 30, 1995, the Bank
Insurance Fund member--
(i) had an adjusted attributable
deposit amount equal to less than 75
percent of the total assessable
deposits of that member bank;
(ii) had total assessable deposits
greater than $5,000,000,000; and
(iii) was owned or controlled by a
bank holding company that owned or
controlled insured depository
institutions having an aggregate amount
of deposits insured or treated as
insured by the Bank Insurance Fund
greater than the aggregate amount of
deposits insured or treated as insured
by the Savings Association Insurance
Fund.
(2) Adjusted attributable deposit amount.--For
purposes of this subsection, the ``adjusted
attributable deposit amount'' shall be determined in
accordance with section 5(d)(3)(C) of the Federal
Deposit Insurance Act.
(i) Adjustment to the Adjusted Attributable Deposit Amount
for Certain Bank Insurance Fund Member Banks.--Section 5(d)(3)
of the Federal Deposit Insurance Act (12 U.S.C. 1815(d)(3)) is
amended--
(1) in subparagraph (C), by striking ``The adjusted
attributable deposit amount'' and inserting ``Except as
provided in subparagraph (K), the adjusted attributable
deposit amount''; and
(2) by adding at the end the following new
subparagraph:
``(K) Adjustment of adjusted attributable
deposit amount.--The amount determined under
subparagraph (C)(i) for deposits acquired by
March 31, 1995, shall be reduced by 20 percent
for purposes of computing the adjusted
attributable deposit amount for the payment of
any assessment for any semiannual period that
begins after the date of the enactment of the
Deposit Insurance Funds Act of 1996 (other than
the special assessment imposed under section
2702(a) of such Act), for a Bank Insurance Fund
member bank that, as of June 30, 1995--
``(i) had an adjusted attributable
deposit amount that was less than 50
percent of the total deposits of that
member bank; or
``(ii)(I) had an adjusted
attributable deposit amount equal to
less than 75 percent of the total
assessable deposits of that member
bank;
``(II) had total assessable
deposits greater than $5,000,000,000;
and
``(III) was owned or controlled by
a bank holding company that owned or
controlled insured depository
institutions having an aggregate amount
of deposits insured or treated as
insured by the Bank Insurance Fund
greater than the aggregate amount of
deposits insured or treated as insured
by the Savings Association Insurance
Fund.''.
(j) Adjustment of Special Assessment for Certain Savings
Associations.--
(1) Special assessment reduction.--For purposes of
computing the special assessment imposed under this
section, in the case of any converted association, the
amount of any deposits of such association which were
insured by the Savings Association Insurance Fund as of
March 31, 1995, shall be reduced by 20 percent.
(2) Converted association.--For purposes of this
subsection, the term ``converted association'' means--
(A) any Federal savings association--
(i) that is a member of the Savings
Association Insurance Fund and that has
deposits subject to assessment by that
fund which did not exceed
$4,000,000,000, as of March 31, 1995;
and
(ii) that had been, or is a
successor by merger, acquisition, or
otherwise to an institution that had
been, a State savings bank, the
deposits of which were insured by the
Federal Deposit Insurance Corporation
before August 9, 1989, that converted
to a Federal savings association
pursuant to section 5(i) of the Home
Owners' Loan Act before January 1,
1985;
(B) a State depository institution that is
a member of the Savings Association Insurance
Fund that had been a State savings bank before
October 15, 1982, and was a Federal savings
association on August 9, 1989;
(C) an insured bank that--
(i) was established de novo in
order to acquire the deposits of a
savings association in default or in
danger of default;
(ii) did not open for business
before acquiring the deposits of such
savings association; and
(iii) was a Savings Association
Insurance Fund member before the date
of enactment of this Act; and
(D) an insured bank that--
(i) resulted from a savings
association before December 19, 1991,
in accordance with section 5(d)(2)(G)
of the Federal Deposit Insurance Act;
and
(ii) had an increase in its capital
in conjunction with the conversion in
an amount equal to more than 75 percent
of the capital of the institution on
the day before the date of the
conversion.
SEC. 2703. FINANCING CORPORATION FUNDING.
(a) In General.--Section 21 of the Federal Home Loan Bank
Act (12 U.S.C. 1441) is amended--
(1) in subsection (f)(2)--
(A) in the matter immediately preceding
subparagraph (A)--
(i) by striking ``To the extent the
amounts available pursuant to paragraph
(1) are insufficient to cover the
amount of interest payments, issuance
costs, and custodial fees,'' and
inserting ``In addition to the amounts
obtained pursuant to paragraph (1),'';
(ii) by striking ``Savings
Association Insurance Fund member'' and
inserting ``insured depository
institution''; and
(iii) by striking ``members'' and
inserting ``institutions''; and
(B) by striking ``, except that--'' and all
that follows through the end of the paragraph
and inserting ``, except that--
``(A) the assessments imposed on insured
depository institutions with respect to any
BIF-assessable deposit shall be assessed at a
rate equal to \1/5\ of the rate of the
assessments imposed on insured depository
institutions with respect to any SAIF-
assessable deposit; and
``(B) no limitation under clause (i) or
(iii) of section 7(b)(2)(A) of the Federal
Deposit Insurance Act shall apply for purposes
of this paragraph.''; and
(2) in subsection (k)--
(A) by striking ``section--'' and inserting
``section, the following definitions shall
apply:'';
(B) by striking paragraph (1);
(C) by redesignating paragraphs (2) and (3)
as paragraphs (1) and (2), respectively; and
(D) by adding at the end the following new
paragraphs:
``(3) Insured depository institution.--The term
`insured depository institution' has the same meaning
as in section 3 of the Federal Deposit Insurance Act
``(4) Deposit terms.--
``(A) BIF-assessable deposits.--The term
`BIF-assessable deposit' means a deposit that
is subject to assessment for purposes of the
Bank Insurance Fund under the Federal Deposit
Insurance Act (including a deposit that is
treated as a deposit insured by the Bank
Insurance Fund under section 5(d)(3) of the
Federal Deposit Insurance Act).
``(B) SAIF-assessable deposit.--The term
`SAIF-assessable deposit' has the meaning given
to such term in section 2710 of the Deposit
Insurance Funds Act of 1996.''.
(b) Conforming Amendment.--Section 7(b)(2) of the Federal
Deposit Insurance Act (12 U.S.C. 1817(b)(2)) is amended by
striking subparagraph (D).
(c) Effective Date.--
(1) In general.--Subsections (a) and (c) and the
amendments made by such subsections shall apply with
respect to semiannual periods which begin after
December 31, 1996.
(2) Termination of certain assessment rates.--
Subparagraph (A) of section 21(f)(2) of the Federal
Home Loan Bank Act (as amended by subsection (a)) shall
not apply after the earlier of--
(A) December 31, 1999; or
(B) the date as of which the last savings
association ceases to exist.
(d) Prohibition on Deposit Shifting.--
(1) In general.--Effective as of the date of the
enactment of this Act and ending on the date provided
in subsection (c)(2) of this section, the Comptroller
of the Currency, the Board of Directors of the Federal
Deposit Insurance Corporation, the Board of Governors
of the Federal Reserve System, and the Director of the
Office of Thrift Supervision shall take appropriate
actions, including enforcement actions, denial of
applications, or imposition of entrance and exit fees
as if such transactions qualified as conversion
transactions pursuant to section 5(d) of the Federal
Deposit Insurance Act, to prevent insured depository
institutions and depository institution holding
companies from facilitating or encouraging the shifting
of deposits from SAIF-assessable deposits to BIF-
assessable deposits (as defined in section 21(k) of the
Federal Home Loan Bank Act) for the purpose of evading
the assessments imposed on insured depository
institutions with respect to SAIF-assessable deposits
under section 7(b) of the Federal Deposit Insurance Act
and section 21(f)(2) of the Federal Home Loan Bank Act.
(2) Regulations.--The Board of Directors of the
Federal Deposit Insurance Corporation may issue
regulations, including regulations defining terms used
in paragraph (1), to prevent the shifting of deposits
described in such paragraph.
(3) Rule of construction.--No provision of this
subsection shall be construed as prohibiting conduct or
activity of any insured depository institution which--
(A) is undertaken in the ordinary course of
business of such depository institution; and
(B) is not directed towards the depositors
of an insured depository institution affiliate
(as defined in section 2(k) of the Bank Holding
Company Act of 1956) of such depository
institution.
SEC. 2704. MERGER OF BIF AND SAIF.
(a) In General.--
(1) Merger.--The Bank Insurance Fund and the
Savings Association Insurance Fund shall be merged into
the Deposit Insurance Fund established by section
11(a)(4) of the Federal Deposit Insurance Act, as
amended by this section.
(2) Disposition of assets and liabilities.--All
assets and liabilities of the Bank Insurance Fund and
the Savings Association Insurance Fund shall be
transferred to the Deposit Insurance Fund.
(3) No separate existence.--The separate existence
of the Bank Insurance Fund and the Savings Association
Insurance Fund shall cease.
(b) Special Reserve of the Deposit Insurance Fund.--
(1) In general.--Immediately before the merger of
the Bank Insurance Fund and the Savings Association
Insurance Fund, if the reserve ratio of the Savings
Association Insurance Fund exceeds the designated
reserve ratio, the amount by which that reserve ratio
exceeds the designated reserve ratio shall be placed in
the Special Reserve of the Deposit Insurance Fund,
established under section 11(a)(5) of the Federal
Deposit Insurance Act, as amended by this section.
(2) Definition.--For purposes of this subsection,
the term ``reserve ratio'' means the ratio of the net
worth of the Savings Association Insurance Fund to the
aggregate estimated amount of deposits insured by the
Savings Association Insurance Fund.
(c) Effective Date.--This section and the amendments made
by this section shall become effective on January 1, 1999, if
no insured depository institution is a savings association on
that date.
(d) Technical and Conforming Amendments.--
(1) Deposit insurance fund.--Section 11(a)(4) of
the Federal Deposit Insurance Act (12 U.S.C.
1821(a)(4)) is amended--
(A) by redesignating subparagraph (B) as
subparagraph (C);
(B) by striking subparagraph (A) and
inserting the following:
``(A) Establishment.--There is established
the Deposit Insurance Fund, which the
Corporation shall--
``(i) maintain and administer;
``(ii) use to carry out its
insurance purposes in the manner
provided by this subsection; and
``(iii) invest in accordance with
section 13(a).
``(B) Uses.--The Deposit Insurance Fund
shall be available to the Corporation for use
with respect to Deposit Insurance Fund
members.''; and
(C) by striking ``(4) General provisions
relating to funds.--'' and inserting the
following:
``(4) Establishment of the deposit insurance
fund.--''.
(2) Other references.--Section 11(a)(4)(C) of the
Federal Deposit Insurance Act (12 U.S.C. 1821(a)(4)(C),
as redesignated by paragraph (1) of this subsection) is
amended by striking ``Bank Insurance Fund and the
Savings Association Insurance Fund'' and inserting
``Deposit Insurance Fund''.
(3) Deposits into fund.--Section 11(a)(4) of the
Federal Deposit Insurance Act (12 U.S.C. 1821(a)(4)) is
amended by adding at the end the following new
subparagraph:
``(D) Deposits.--All amounts assessed
against insured depository institutions by the
Corporation shall be deposited in the Deposit
Insurance Fund.''.
(4) Special reserve of deposits.--Section 11(a)(5)
of the Federal Deposit Insurance Act (12 U.S.C.
1821(a)(5)) is amended to read as follows:
``(5) Special reserve of deposit insurance fund.--
``(A) Establishment.--
``(i) In general.--There is
established a Special Reserve of the
Deposit Insurance Fund, which shall be
administered by the Corporation and
shall be invested in accordance with
section 13(a).
``(ii) Limitation.--The Corporation
shall not provide any assessment
credit, refund, or other payment from
any amount in the Special Reserve.
``(B) Emergency use of special reserve.--
Notwithstanding subparagraph (A)(ii), the
Corporation may, in its sole discretion,
transfer amounts from the Special Reserve to
the Deposit Insurance Fund, for the purposes
set forth in paragraph (4), only if--
``(i) the reserve ratio of the
Deposit Insurance Fund is less than 50
percent of the designated reserve
ratio; and
``(ii) the Corporation expects the
reserve ratio of the Deposit Insurance
Fund to remain at less than 50 percent
of the designated reserve ratio for
each of the next 4 calendar quarters.
``(C) Exclusion of special reserve in
calculating reserve ratio.--Notwithstanding any
other provision of law, any amounts in the
Special Reserve shall be excluded in
calculating the reserve ratio of the Deposit
Insurance Fund under section 7.''.
(5) Federal home loan bank act.--Section
21B(f)(2)(C)(ii) of the Federal Home Loan Bank Act (12
U.S.C. 1441b(f)(2)(C)(ii)) is amended--
(A) in subclause (I), by striking ``to
Savings Associations Insurance Fund members''
and inserting ``to insured depository
institutions, and their successors, which were
Savings Association Insurance Fund members on
September 1, 1995''; and
(B) in subclause (II), by striking ``to
Savings Associations Insurance Fund members''
and inserting ``to insured depository
institutions, and their successors, which were
Savings Association Insurance Fund members on
September 1, 1995''.
(6) Repeals.--
(A) Section 3.--Section 3(y) of the Federal
Deposit Insurance Act (12 U.S.C. 1813(y)) is
amended to read as follows:
``(y) Definitions Relating to the Deposit Insurance Fund.--
``(1) Deposit insurance fund.--The term `Deposit
Insurance Fund' means the fund established under
section 11(a)(4).
``(2) Reserve ratio.--The term `reserve ratio'
means the ratio of the net worth of the Deposit
Insurance Fund to aggregate estimated insured deposits
held in all insured depository institutions.
``(3) Designated reserve ratio.--The designated
reserve ratio of the Deposit Insurance Fund for each
year shall be--
``(A) 1.25 percent of estimated insured
deposits; or
``(B) a higher percentage of estimated
insured deposits that the Board of Directors
determines to be justified for that year by
circumstances raising a significant risk of
substantial future losses to the fund.''
(B) Section 7.--Section 7 of the Federal
Deposit Insurance Act (12 U.S.C. 1817) is
amended--
(i) by striking subsection (l);
(ii) by redesignating subsections
(m) and (n) as subsections (l) and (m),
respectively;
(iii) in subsection (b)(2), by
striking subparagraphs (B) and (F), and
by redesignating subparagraphs (C),
(E), (G), and (H) as subparagraphs (B)
through (E), respectively.
(C) Section 11.--Section 11(a) of the
Federal Deposit Insurance Act (12 U.S.C.
1821(a)) is amended--
(i) by striking paragraphs (6) and
(7); and
(ii) by redesignating paragraph (8)
as paragraph (6).
(7) Section 5136 of the revised statutes.--The
paragraph designated the ``Eleventh'' of section 5136
of the Revised Statutes of the United States (12 U.S.C.
24) is amended in the 5th sentence, by striking
``affected deposit insurance fund'' and inserting
``Deposit Insurance Fund''.
(8) Investments promoting public welfare;
limitations on aggregate investments.--The 23d
undesignated paragraph of section 9 of the Federal
Reserve Act (12 U.S.C. 338a) is amended in the 4th
sentence, by striking ``affected deposit insurance
fund'' and inserting ``Deposit Insurance Fund''.
(9) Advances to critically undercapitalized
depository institutions.--Section 10B(b)(3)(A)(ii) of
the Federal Reserve Act (12 U.S.C. 347b(b)(3)(A)(ii))
is amended by striking ``any deposit insurance fund
in'' and inserting ``the Deposit Insurance Fund of''.
(10) Amendments to the balanced budget and
emergency deficit control act of 1985.--Section
255(g)(1)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is
amended--
(A) by striking ``Bank Insurance Fund'' and
inserting ``Deposit Insurance Fund''; and
(B) by striking ``Federal Deposit Insurance
Corporation, Savings Association Insurance
Fund;''.
(11) Further amendments to the federal home loan
bank act.--The Federal Home Loan Bank Act (12 U.S.C.
1421 et seq.) is amended--
(A) in section 11(k) (12 U.S.C. 1431(k))--
(i) in the subsection heading, by
striking ``SAIF'' and inserting ``the
Deposit Insurance Fund''; and
(ii) by striking ``Savings
Association Insurance Fund'' each place
such term appears and inserting
``Deposit Insurance Fund'';
(B) in section 21A(b)(4)(B) (12 U.S.C.
1441a(b)(4)(B)), by striking ``affected deposit
insurance fund'' and inserting ``Deposit
Insurance Fund'';
(C) in section 21A(b)(6)(B) (12 U.S.C.
1441a(b)(6)(B))--
(i) in the subparagraph heading, by
striking ``SAIF-insured banks'' and
inserting ``Charter conversions''; and
(ii) by striking ``Savings
Association Insurance Fund member'' and
inserting ``savings association'';
(D) in section 21A(b)(10)(A)(iv)(II) (12
U.S.C. 1441a(b)(10)(A)(iv)(II)), by striking
``Savings Association Insurance Fund'' and
inserting ``Deposit Insurance Fund'';
(E) in section 21B(e) (12 U.S.C.
1441b(e))--
(i) in paragraph (5), by inserting
``as of the date of funding'' after
``Savings Association Insurance Fund
members'' each place such term appears;
(ii) by striking paragraph (7); and
(iii) by redesignating paragraph
(8) as paragraph (7); and
(F) in section 21B(k) (12 U.S.C.
1441b(k))--
(i) by striking paragraph (8); and
(ii) by redesignating paragraphs
(9) and (10) as paragraphs (8) and (9),
respectively.
(12) Amendments to the home owners' loan act.--The
Home Owners' Loan Act (12 U.S.C. 1461 et seq.) is
amended--
(A) in section 5--
(i) in subsection (c)(5)(A), by
striking ``that is a member of the Bank
Insurance Fund'';
(ii) in subsection (c)(6), by
striking ``As used in this subsection--
'' and inserting ``For purposes of this
subsection, the following definitions
shall apply:'';
(iii) in subsection (o)(1), by
striking ``that is a Bank Insurance
Fund member'';
(iv) in subsection (o)(2)(A), by
striking ``a Bank Insurance Fund member
until such time as it changes its
status to a Savings Association
Insurance Fund member'' and inserting
``insured by the Deposit Insurance
Fund'';
(v) in subsection
(t)(5)(D)(iii)(II), by striking
``affected deposit insurance fund'' and
inserting ``Deposit Insurance Fund'';
(vi) in subsection (t)(7)(C)(i)(I),
by striking ``affected deposit
insurance fund'' and inserting
``Deposit Insurance Fund''; and
(vii) in subsection (v)(2)(A)(i),
by striking ``, the Savings Association
Insurance Fund'' and inserting ``or the
Deposit Insurance Fund''; and
(B) in section 10--
(i) in subsection
(e)(1)(A)(iii)(VII), by adding ``or''
at the end;
(ii) in subsection (e)(1)(A)(iv),
by adding ``and'' at the end;
(iii) in subsection (e)(1)(B), by
striking ``Savings Association
Insurance Fund or Bank Insurance Fund''
and inserting ``Deposit Insurance
Fund'';
(iv) in subsection (e)(2), by
striking ``Savings Association
Insurance Fund or the Bank Insurance
Fund'' and inserting ``Deposit
Insurance Fund''; and
(v) in subsection (m)(3), by
striking subparagraph (E), and by
redesignating subparagraphs (F), (G),
and (H) as subparagraphs (E), (F), and
(G), respectively.
(13) Amendments to the national housing act.--The
National Housing Act (12 U.S.C. 1701 et seq.) is
amended--
(A) in section 317(b)(1)(B) (12 U.S.C.
1723i(b)(1)(B)), by striking ``Bank Insurance
Fund for banks or through the Savings
Association Insurance Fund for savings
associations'' and inserting ``Deposit
Insurance Fund''; and
(B) in section 526(b)(1)(B)(ii) (12 U.S.C.
1735f-14(b)(1)(B)(ii)), by striking ``Bank
Insurance Fund for banks and through the
Savings Association Insurance Fund for savings
associations'' and inserting ``Deposit
Insurance Fund''.
(14) Further amendments to the federal deposit
insurance act.--The Federal Deposit Insurance Act (12
U.S.C. 1811 et seq.) is amended--
(A) in section 3(a)(1) (12 U.S.C.
1813(a)(1)), by striking subparagraph (B) and
inserting the following:
``(B) includes any former savings
association.'';
(B) in section 5(b)(5) (12 U.S.C.
1815(b)(5)), by striking ``the Bank Insurance
Fund or the Savings Association Insurance
Fund;'' and inserting ``Deposit Insurance
Fund,'';
(C) in section 5(d) (12 U.S.C. 1815(d)), by
striking paragraphs (2) and (3);
(D) in section 5(d)(1) (12 U.S.C.
1815(d)(1))--
(i) in subparagraph (A), by
striking ``reserve ratios in the Bank
Insurance Fund and the Savings
Association Insurance Fund'' and
inserting ``the reserve ratio of the
Deposit Insurance Fund'';
(ii) by striking subparagraph (B)
and inserting the following:
``(2) Fee credited to the deposit insurance fund.--
The fee paid by the depository institution under
paragraph (1) shall be credited to the Deposit
Insurance Fund.'';
(iii) by striking ``(1) Uninsured
institutions.--''; and
(iv) by redesignating subparagraphs
(A) and (C) as paragraphs (1) and (3),
respectively, and moving the margins 2
ems to the left;
(E) in section 5(e) (12 U.S.C. 1815(e))--
(i) in paragraph (5)(A), by
striking ``Bank Insurance Fund or the
Savings Association Insurance Fund''
and inserting ``Deposit Insurance
Fund'';
(ii) by striking paragraph (6); and
(iii) by redesignating paragraphs
(7), (8), and (9) as paragraphs (6),
(7), and (8), respectively;
(F) in section 6(5) (12 U.S.C. 1816(5)), by
striking ``Bank Insurance Fund or the Savings
Association Insurance Fund'' and inserting
``Deposit Insurance Fund'';
(G) in section 7(b) (12 U.S.C. 1817(b))--
(i) in paragraph (1)(D), by
striking ``each deposit insurance
fund'' and inserting ``the Deposit
Insurance Fund'';
(ii) in clauses (i)(I) and (iv) of
paragraph (2)(A), by striking ``each
deposit insurance fund'' each place
such term appears and inserting ``the
Deposit Insurance Fund'';
(iii) in paragraph (2)(A)(iii), by
striking ``a deposit insurance fund''
and inserting ``the Deposit Insurance
Fund'';
(iv) by striking clause (iv) of
paragraph (2)(A);
(v) in paragraph (2)(C) (as
redesignated by paragraph (6)(B) of
this subsection)--
(I) by striking ``any
deposit insurance fund'' and
inserting ``the Deposit
Insurance Fund''; and
(II) by striking ``that
fund'' each place such term
appears and inserting ``the
Deposit Insurance Fund'';
(vi) in paragraph (2)(D) (as
redesignated by paragraph (6)(B) of
this subsection)--
(I) in the subparagraph
heading, by striking ``funds
achieve'' and inserting ``fund
achieves''; and
(II) by striking ``a
deposit insurance fund'' and
inserting ``the Deposit
Insurance Fund'';
(vii) in paragraph (3)--
(I) in the paragraph
heading, by striking ``funds''
and inserting ``fund'';
(II) by striking ``members
of that fund'' where such term
appears in the portion of
subparagraph (A) which precedes
clause (i) of such subparagraph
and inserting ``insured
depository institutions'';
(III) by striking ``that
fund'' each place such term
appears (other than in
connection with term amended in
subclause (II) of this clause)
and inserting ``the Deposit
Insurance Fund'';
(IV) in subparagraph (A),
by striking ``Except as
provided in paragraph (2)(F),
if'' and inserting ``If'';
(V) in subparagraph (A), by
striking ``any deposit
insurance fund'' and inserting
``the Deposit Insurance Fund'';
and
(VI) by striking
subparagraphs (C) and (D) and
inserting the following:
``(C) Amending schedule.--The Corporation
may, by regulation, amend a schedule prescribed
under subparagraph (B).''; and
(viii) in paragraph (6)--
(I) by striking ``any such
assessment'' and inserting
``any such assessment is
necessary'';
(II) by striking ``(A) is
necessary--'';
(III) by striking
subparagraph (B);
(IV) by redesignating
clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and
(C), respectively, and moving
the margins 2 ems to the left;
and
(V) in subparagraph (C) (as
redesignated), by striking ``;
and'' and inserting a period;
(H) in section 11(f)(1) (12 U.S.C.
1821(f)(1)), by striking ``, except that--''
and all that follows through the end of the
paragraph and inserting a period;
(I) in section 11(i)(3) (12 U.S.C.
1821(i)(3))--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph
(C) as subparagraph (B); and
(iii) in subparagraph (B) (as
redesignated), by striking
``subparagraphs (A) and (B)'' and
inserting ``subparagraph (A)'';
(J) in section 11A(a) (12 U.S.C.
1821a(a))--
(i) in paragraph (2), by striking
``liabilities.--'' and all that follows
through ``Except'' and inserting
``liabilities.--Except'';
(ii) by striking paragraph (2)(B);
and
(iii) in paragraph (3), by striking
``the Bank Insurance Fund, the Savings
Association Insurance Fund,'' and
inserting ``the Deposit Insurance
Fund'';
(K) in section 11A(b) (12 U.S.C. 1821a(b)),
by striking paragraph (4);
(L) in section 11A(f) (12 U.S.C. 1821a(f)),
by striking ``Savings Association Insurance
Fund'' and inserting ``Deposit Insurance
Fund'';
(M) in section 13 (12 U.S.C. 1823)--
(i) in subsection (a)(1), by
striking ``Bank Insurance Fund, the
Savings Association Insurance Fund,''
and inserting ``Deposit Insurance Fund,
the Special Reserve of the Deposit
Insurance Fund,'';
(ii) in subsection (c)(4)(E)--
(I) in the subparagraph
heading, by striking ``funds''
and inserting ``fund''; and
(II) in clause (i), by
striking ``any insurance fund''
and inserting ``the Deposit
Insurance Fund'';
(iii) in subsection (c)(4)(G)(ii)--
(I) by striking
``appropriate insurance fund''
and inserting ``Deposit
Insurance Fund'';
(II) by striking ``the
members of the insurance fund
(of which such institution is a
member)'' and inserting
``insured depository
institutions'';
(III) by striking ``each
member's'' and inserting ``each
insured depository
institution's''; and
(IV) by striking ``the
member's'' each place such term
appears and inserting ``the
institution's'';
(iv) in subsection (c), by striking
paragraph (11);
(v) in subsection (h), by striking
``Bank Insurance Fund'' and inserting
``Deposit Insurance Fund'';
(vi) in subsection (k)(4)(B)(i), by
striking ``Savings Association
Insurance Fund'' and inserting
``Deposit Insurance Fund''; and
(vii) in subsection (k)(5)(A), by
striking ``Savings Association
Insurance Fund'' and inserting
``Deposit Insurance Fund'';
(N) in section 14(a) (12 U.S.C. 1824(a)) in
the 5th sentence--
(i) by striking ``Bank Insurance
Fund or the Savings Association
Insurance Fund'' and inserting
``Deposit Insurance Fund''; and
(ii) by striking ``each such fund''
and inserting ``the Deposit Insurance
Fund'';
(O) in section 14(b) (12 U.S.C. 1824(b)),
by striking ``Bank Insurance Fund or Savings
Association Insurance Fund'' and inserting
``Deposit Insurance Fund'';
(P) in section 14(c) (12 U.S.C. 1824(c)),
by striking paragraph (3);
(Q) in section 14(d) (12 U.S.C. 1824(d))--
(i) by striking ``BIF'' each place
such term appears and inserting
``DIF''; and
(ii) by striking ``Bank Insurance
Fund'' each place such term appears and
inserting ``Deposit Insurance Fund'';
(R) in section 15(c)(5) (12 U.S.C.
1825(c)(5))--
(i) by striking ``the Bank
Insurance Fund or Savings Association
Insurance Fund, respectively'' each
place such term appears and inserting
``the Deposit Insurance Fund''; and
(ii) in subparagraph (B), by
striking ``the Bank Insurance Fund or
the Savings Association Insurance Fund,
respectively'' and inserting ``the
Deposit Insurance Fund'';
(S) in section 17(a) (12 U.S.C. 1827(a))--
(i) in the subsection heading, by
striking ``BIF, SAIF,'' and inserting
``the Deposit Insurance Fund''; and
(ii) in paragraph (1), by striking
``the Bank Insurance Fund, the Savings
Association Insurance Fund,'' each
place such term appears and inserting
``the Deposit Insurance Fund'';
(T) in section 17(d) (12 U.S.C. 1827(d)),
by striking ``the Bank Insurance Fund, the
Savings Association Insurance Fund,'' each
place such term appears and inserting ``the
Deposit Insurance Fund'';
(U) in section 18(m)(3) (12 U.S.C.
1828(m)(3))--
(i) by striking ``Savings
Association Insurance Fund'' each place
such term appears and inserting
``Deposit Insurance Fund''; and
(ii) in subparagraph (C), by
striking ``or the Bank Insurance
Fund'';
(V) in section 18(p) (12 U.S.C. 1828(p)),
by striking ``deposit insurance funds'' and
inserting ``Deposit Insurance Fund'';
(W) in section 24 (12 U.S.C. 1831a) in
subsections (a)(1) and (d)(1)(A), by striking
``appropriate deposit insurance fund'' each
place such term appears and inserting ``Deposit
Insurance Fund'';
(X) in section 28 (12 U.S.C. 1831e), by
striking ``affected deposit insurance fund''
each place such term appears and inserting
``Deposit Insurance Fund'';
(Y) by striking section 31 (12 U.S.C.
1831h);
(Z) in section 36(i)(3) (12 U.S.C.
1831m(i)(3)) by striking ``affected deposit
insurance fund'' and inserting ``Deposit
Insurance Fund'';
(AA) in section 38(a) (12 U.S.C. 1831o(a))
in the subsection heading, by striking
``Funds'' and inserting ``Fund'';
(BB) in section 38(k) (12 U.S.C.
1831o(k))--
(i) in paragraph (1), by striking
``a deposit insurance fund'' and
inserting ``the Deposit Insurance
Fund''; and
(ii) in paragraph (2)(A)--
(I) by striking ``A deposit
insurance fund'' and inserting
``The Deposit Insurance Fund'';
and
(II) by striking ``the
deposit insurance fund's
outlays'' and inserting ``the
outlays of the Deposit
Insurance Fund''; and
(CC) in section 38(o) (12 U.S.C.
1831o(o))--
(i) by striking ``Associations.--''
and all that follows through
``Subsections (e)(2)'' and inserting
``Associations.--Subsections (e)(2)'';
(ii) by redesignating subparagraphs
(A), (B), and (C) as paragraphs (1),
(2), and (3), respectively, and moving
the margins 2 ems to the left; and
(iii) in paragraph (1) (as
redesignated), by redesignating clauses
(i) and (ii) as subparagraphs (A) and
(B), respectively, and moving the
margins 2 ems to the left.
(15) Amendments to the financial institutions
reform, recovery, and enforcement act of 1989.--The
Financial Institutions Reform, Recovery, and
Enforcement Act is amended--
(A) in section 951(b)(3)(B) (12 U.S.C.
1833a(b)(3)(B)), by striking ``Bank Insurance
Fund, the Savings Association Insurance Fund,''
and inserting ``Deposit Insurance Fund''; and
(B) in section 1112(c)(1)(B) (12 U.S.C.
3341(c)(1)(B)), by striking ``Bank Insurance
Fund, the Savings Association Insurance Fund,''
and inserting ``Deposit Insurance Fund''.
(16) Amendment to the bank enterprise act of
1991.--Section 232(a)(1) of the Bank Enterprise Act of
1991 (12 U.S.C. 1834(a)(1)) is amended by striking
``section 7(b)(2)(H)'' and inserting ``section
7(b)(2)(G)''.
(17) Amendment to the bank holding company act of
1956.--Section 2(j)(2) of the Bank Holding Company Act
of 1956 (12 U.S.C. 1841(j)(2)) is amended by striking
``Savings Association Insurance Fund'' and inserting
``Deposit Insurance Fund''.
SEC. 2705. CREATION OF SAIF SPECIAL RESERVE.
Section 11(a)(6) of the Federal Deposit Insurance Act (12
U.S.C. 1821(a)(6)) is amended by adding at the end the
following new subparagraph:
``(L) Establishment of saif special reserve.--
``(i) Establishment.--If, on January 1,
1999, the reserve ratio of the Savings
Association Insurance Fund exceeds the
designated reserve ratio, there is established
a Special Reserve of the Savings Association
Insurance Fund, which shall be administered by
the Corporation and shall be invested in
accordance with section 13(a).
``(ii) Amounts in special reserve.--If, on
January 1, 1999, the reserve ratio of the
Savings Association Insurance Fund exceeds the
designated reserve ratio, the amount by which
the reserve ratio exceeds the designated
reserve ratio shall be placed in the Special
Reserve of the Savings Association Insurance
Fund established by clause (i).
``(iii) Limitation.--The Corporation shall
not provide any assessment credit, refund, or
other payment from any amount in the Special
Reserve of the Savings Association Insurance
Fund.
``(iv) Emergency use of special reserve.--
Notwithstanding clause (iii), the Corporation
may, in its sole discretion, transfer amounts
from the Special Reserve of the Savings
Association Insurance Fund to the Savings
Association Insurance Fund for the purposes set
forth in paragraph (4), only if--
``(I) the reserve ratio of the
Savings Association Insurance Fund is
less than 50 percent of the designated
reserve ratio; and
``(II) the Corporation expects the
reserve ratio of the Savings
Association Insurance Fund to remain at
less than 50 percent of the designated
reserve ratio for each of the next 4
calendar quarters.
``(v) Exclusion of special reserve in
calculating reserve ratio.--Notwithstanding any
other provision of law, any amounts in the
Special Reserve of the Savings Association
Insurance Fund shall be excluded in calculating
the reserve ratio of the Savings Association
Insurance Fund.''.
SEC. 2706. REFUND OF AMOUNTS IN DEPOSIT INSURANCE FUND IN EXCESS OF
DESIGNATED RESERVE AMOUNT.
Subsection (e) of section 7 of the Federal Deposit
Insurance Act (12 U.S.C. 1817(e)) is amended to read as
follows:
``(e) Refunds.--
``(1) Overpayments.--In the case of any payment of
an assessment by an insured depository institution in
excess of the amount due to the Corporation, the
Corporation may--
``(A) refund the amount of the excess
payment to the insured depository institution;
or
``(B) credit such excess amount toward the
payment of subsequent semiannual assessments
until such credit is exhausted.
``(2) Balance in insurance fund in excess of
designated reserve.--
``(A) In general.--Subject to subparagraphs
(B) and (C), if, as of the end of any
semiannual assessment period beginning after
the date of the enactment of the Deposit
Insurance Funds Act of 1996, the amount of the
actual reserves in--
``(i) the Bank Insurance Fund
(until the merger of such fund into the
Deposit Insurance Fund pursuant to
section 2704 of the Deposit Insurance
Funds Act of 1996); or
``(ii) the Deposit Insurance Fund
(after the establishment of such fund),
exceeds the balance required to meet the
designated reserve ratio applicable with
respect to such fund, such excess amount shall
be refunded to insured depository institutions
by the Corporation on such basis as the Board
of Directors determines to be appropriate,
taking into account the factors considered
under the risk-based assessment system.
``(B) Refund not to exceed previous
semiannual assessment.--The amount of any
refund under this paragraph to any member of a
deposit insurance fund for any semiannual
assessment period may not exceed the total
amount of assessments paid by such member to
the insurance fund with respect to such period.
``(C) Refund limitation for certain
institutions.--No refund may be made under this
paragraph with respect to the amount of any
assessment paid for any semiannual assessment
period by any insured depository institution
described in clause (v) of subsection
(b)(2)(A).''.
SEC. 2707. ASSESSMENT RATES FOR SAIF MEMBERS MAY NOT BE LESS THAN
ASSESSMENT RATES FOR BIF MEMBERS.
Section 7(b)(2)(C) of the Federal Deposit Insurance Act (12
U.S.C. 1817(b)(2)(E), as redesignated by section 2704(d)(6) of
this subtitle) is amended--
(1) by striking ``and'' at the end of clause (i);
(2) by striking the period at the end of clause
(ii) and inserting ``; and''; and
(3) by adding at the end the following new clause:
``(iii) notwithstanding any other
provision of this subsection, during
the period beginning on the date of
enactment of the Deposit Insurance
Funds Act of 1996, and ending on
December 31, 1998, the assessment rate
for a Savings Association Insurance
Fund member may not be less than the
assessment rate for a Bank Insurance
Fund member that poses a comparable
risk to the deposit insurance fund.''.
SEC. 2708. ASSESSMENTS AUTHORIZED ONLY IF NEEDED TO MAINTAIN THE
RESERVE RATIO OF A DEPOSIT INSURANCE FUND.
(a) In General.--Section 7(b)(2)(A)(i) of the Federal
Deposit Insurance Act (12 U.S.C. 1817(b)(2)(A)(i)) is amended
in the matter preceding subclause (I) by inserting ``when
necessary, and only to the extent necessary'' after ``insured
depository institutions''.
(b) Limitation on Assessment.--Section 7(b)(2)(A)(iii) of
the Federal Deposit Insurance Act (12 U.S.C.
1817(b)(2)(A)(iii)) is amended to read as follows:
``(iii) Limitation on assessment.--
Except as provided in clause (v), the
Board of Directors shall not set
semiannual assessments with respect to
a deposit insurance fund in excess of
the amount needed--
``(I) to maintain the
reserve ratio of the fund at
the designated reserve ratio;
or
``(II) if the reserve ratio
is less than the designated
reserve ratio, to increase the
reserve ratio to the designated
reserve ratio.''.
(c) Exception to Limitation on Assessments.--Section
7(b)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C.
1817(b)(2)(A)) is amended by adding at the end the following
new clause:
``(v) Exception to limitation on
assessments.--The Board of Directors
may set semiannual assessments in
excess of the amount permitted under
clauses (i) and (iii) with respect to
insured depository institutions that
exhibit financial, operational, or
compliance weaknesses ranging from
moderately severe to unsatisfactory, or
are not well capitalized, as that term
is defined in section 38.''.
SEC. 2709. TREASURY STUDY OF COMMON DEPOSITORY INSTITUTION CHARTER.
(a) Study Required.--The Secretary of the Treasury shall
conduct a study of all issues which the Secretary considers to
be relevant with respect to the development of a common charter
for all insured depository institutions (as defined in section
3 of the Federal Deposit Insurance Act) and the abolition of
separate and distinct charters between banks and savings
associations.
(b) Report to the Congress.--
(1) In general.--The Secretary of the Treasury
shall submit a report to the Congress on or before
March 31, 1997, containing the findings and conclusions
of the Secretary in connection with the study conducted
pursuant to subsection (a).
(2) Detailed analysis and recommendations.--The
report under paragraph (1) shall include--
(A) a detailed analysis of each issue the
Secretary considered relevant to the subject of
the study;
(B) recommendations of the Secretary with
regard to the establishment of a common charter
for insured depository institutions (as defined
in section 3 of the Federal Deposit Insurance
Act); and
(C) such recommendations for legislative
and administrative action as the Secretary
determines to be appropriate to implement the
recommendations of the Secretary under
subparagraph (B).
SEC. 2710. DEFINITIONS.
For purposes of this subtitle, the following definitions
shall apply:
(1) Bank insurance fund.--The term ``Bank Insurance
Fund'' means the fund established pursuant to section
(11)(a)(5)(A) of the Federal Deposit Insurance Act, as
that section existed on the day before the date of
enactment of this Act.
(2) BIF member, saif member.--The terms ``Bank
Insurance Fund member'' and ``Savings Association
Insurance Fund member'' have the same meanings as in
section 7(l) of the Federal Deposit Insurance Act.
(3) Various banking terms.--The terms ``bank'',
``Board of Directors'', ``Corporation'', ``deposit'',
``insured depository institution'', ``Federal savings
association'', ``savings association'', ``State savings
bank'', and ``State depository institution'' have the
same meanings as in section 3 of the Federal Deposit
Insurance Act.
(4) Deposit insurance fund.--The term ``Deposit
Insurance Fund'' means the fund established under
section 11(a)(4) of the Federal Deposit Insurance Act
(as amended by section 2704(d) of this subtitle).
(5) Depository institution holding company.--The
term ``depository institution holding company'' has the
same meaning as in section 3 of the Federal Deposit
Insurance Act.
(6) Designated reserve ratio.--The term
``designated reserve ratio'' has the same meaning as in
section 7(b)(2)(A)(iv) of the Federal Deposit Insurance
Act.
(7) SAIF.--The term ``Savings Association Insurance
Fund'' means the fund established pursuant to section
11(a)(6)(A) of the Federal Deposit Insurance Act, as
that section existed on the day before the date of
enactment of this Act.
(8) SAIF-assessable deposit.--The term ``SAIF-
assessable deposit''--
(A) means a deposit that is subject to
assessment for purposes of the Savings
Association Insurance Fund under the Federal
Deposit Insurance Act (including a deposit that
is treated as insured by the Savings
Association Insurance Fund under section
5(d)(3) of the Federal Deposit Insurance Act);
and
(B) includes any deposit described in
subparagraph (A) which is assumed after March
31, 1995, if the insured depository
institution, the deposits of which are assumed,
is not an insured depository institution when
the special assessment is imposed under section
2702(a).
SEC. 2711. DEDUCTION FOR SPECIAL ASSESSMENTS.
For purposes of subtitle A of the Internal Revenue Code of
1986--
(1) the amount allowed as a deduction under section
162 of such Code for a taxable year shall include any
amount paid during such year by reason of an assessment
under section 2702 of this subtitle, and
(2) section 172(f) of such Code shall not apply to
any deduction described in paragraph (1).
TITLE III--SPECTRUM ALLOCATION PROVISIONS
SEC. 3001. COMPETITIVE BIDDING FOR SPECTRUM.
(a) Commission Obligation To Make Additional Spectrum
Available.--The Federal Communications Commission shall--
(1) reallocate the use of frequencies at 2305-2320
megahertz and 2345-2360 megahertz to wireless services
that are consistent with international agreements
concerning spectrum allocations; and
(2) assign the use of such frequencies by
competitive bidding pursuant to section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)).
(b) Additional Requirements.--In making the bands of
frequencies described in subsection (a) available for
competitive bidding, the Commission shall--
(1) seek to promote the most efficient use of the
spectrum; and
(2) take into account the needs of public safety
radio services.
(c) Expedited Procedures.--The Commission shall commence
the competitive bidding for the assignment of the frequencies
described in subsection (a)(1) no later than April 15, 1997.
The rules governing such frequencies shall be effective
immediately upon publication in the Federal Register
notwithstanding section 553(d), 801(a)(3), and 806(a) of title
5, United States Code. Chapter 6 of such title, and sections
3507 and 3512 of title 44, United States Code, shall not apply
to the rules and competitive bidding procedures governing such
frequencies. Notwithstanding section 309(b) of the
Communications Act of 1934 (47 U.S.C. 309(b)), no application
for an instrument of authorization for such frequencies shall
be granted by the Commission earlier than 7 days following
issuance of public notice by the Commission of the acceptance
for filing of such application or of any substantial amendment
thereto. Notwithstanding section 309(d)(1) of such Act (47
U.S.C. 309(d)(1)), the Commission may specify a period (no less
than 5 days following issuance of such public notice) for the
filing of petitions to deny any application for an instrument
of authorization for such frequencies.
(d) Deadline for Collection.--The Commission shall
conduct the competitive bidding under subsection (a)(2) in a
manner that ensures that all proceeds of the bidding are
deposited in accordance with section 309(j)(8) of the
Communications Act of 1934 not later September 30, 1997.
TITLE IV--ADJUSTMENT OF PAYGO BALANCES
SEC. 4001. ADJUSTMENT OF PAYGO BALANCES.
For purposes of section 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985, on the calendar day
after the Director of the Office of Management and Budget
issues the final sequestration report for fiscal year 1997, the
Director and the Director of the Congressional Budget Office
shall change the balances (as computed pursuant to section
252(b) of that Act) of direct spending and receipts
legislation--
(1) for fiscal year 1997 to zero if such balance
for the fiscal year is not an increase in the deficit.
TITLE V--ADDITIONAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
Department of Agriculture
cooperative state research, education, and extension service
extension activities
For an additional amount for payments for cooperative
extension work by the colleges receiving the benefits of the
second Morrill Act (7 U.S.C. 321-326, 328) and Tuskegee
University, $753,000.
natural resources conservation service
watershed and flood prevention operations
For an additional amount to repair damages to the
waterways and watersheds resulting from the effects of
Hurricanes Fran and Hortense and other natural disasters,
$63,000,000, to remain available until expended: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
farm service agency
emergency conservation program
For an additional amount for emergency expenses resulting
from the effects of Hurricanes Fran and Hortense and other
natural disasters, $25,000,000, to remain available until
expended: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
CHAPTER 2
DISTRICT OF COLUMBIA
education facilities improvement in the district of columbia
(by transfer)
Sec. 5201. The District of Columbia Financial
Responsibility and Management Assistance Authority (referred to
in this section as the ``Authority'') shall have the authority
to contract with a private entity (or entities) to carry out a
program of school facility repair of public schools and public
charter schools located in public school facilities in the
District of Columbia, in consultation with the General Services
Administration: Provided, That an amount estimated to be
$40,700,000 is hereby transferred and otherwise made available
to the Authority until expended for contracting as provided
under this section, to be derived from transfers and
reallocations as follows: (1) funds made available under the
heading ``PUBLIC EDUCATION SYSTEM'' in Public Law 104-194 for
school repairs in a restricted line item; (2) all capital
financing authority made available from public school capital
improvements in Public Law 104-194; and (3) all capital
financing authority made available for public school capital
improvements which are or remain available from Public Law 104-
134 or any previous appropriations Act for the District of
Columbia: Provided further, That the General Services
Administration, in consultation with the District of Columbia
Public Schools and the District of Columbia Council and subject
to the approval of the Authority and the Committees on
Appropriations of the Senate and the House of Representatives,
shall provide program management services to assist in the
short-term management of the repairs and capital improvements:
Provided further, That contracting authorized under this
section shall be conducted in accordance with Federal
procurement rules and regulations and guidelines or such
guidelines as prescribed by the Authority.
special rules regarding general obligation bond act
Sec. 5202. Waiver of Congressional Review.--
Notwithstanding section 602(c)(1) of the District of Columbia
Self-Government and Governmental Reorganization Act (sec. 1-
233(c)(1), D.C. Code), the General Obligation Bond Act of 1996
(D.C. Bill 11-840), if enacted by the Council of the District
of Columbia, shall take effect on the date of the enactment of
such Act or the date of the enactment of this Act, whichever is
later.
amendments to financial responsibility and management assistance act
Sec. 5203. (a) Caluculation of 7-Day Review Period for
Council Acts.--Section 203(a)(5) of the District of Columbia
Financial Responsibility and Management Assistance Act of 1995
(sec. 47-392.3(a)(5), D.C. Code) is amended--
(1) by inserting ``(excluding Saturdays, Sundays,
and legal holidays)'' after ``7-day period'' the first
place it appears; and
(2) by striking ``the date the Council submits the
Act to the Authority'' and inserting ``the first day
(excluding Saturdays, Sundays, and legal holidays)
after the Authority receives the Act from the
Council''.
(b) Specification of Penalty for Prohibited Acts.--
Section 103(i)(1) of such Act (sec. 47-391.3(i)(1), D.C. Code)
is amended by striking the period at the end and inserting the
following: ``, and shall be fined not more than $1,000,
imprisoned for not more than 1 year, or both.''.
(c) Waiver of Privacy Act Requirements for Obtaining
Official Data.--Section 103(c)(1) of such Act (sec. 47-
391.3(c)(1), D.C. Code) is amended by striking ``Act) and
552b'' and inserting ``Act), 552a (the Privacy Act of 1974),
and 552b''.
(d) Permitting Authority review of Rulemaking.--Section
203(b) of such Act (sec. 47-392.3(b), D.C. Code) is amended by
adding at the end the following new paragraph:
``(5) Application to rules and regulations.--The
provisions of this subsection shall apply with respect
to a rule or regulation issued or proposed to be issued
by the Mayor (or the head of any department or agency
of the District government) in the same manner as such
provisions apply to a contract or lease.''.
(e) Deposit of All District Borrowing With Authority.--
(1) In general.--Section 204 of such Act (sec. 47-
392.4, D.C. Code) is amended--
(A) by redesignating subsections (d) and
(e) as subsections (e) and (f); and
(B) by inserting after subsection (c) the
following new subsection:
``(d) Deposit of Borrowed Funds With Authority.--If the
District government borrows funds during a control year, the
funds shall be deposited into an escrow account held by the
Authority, to be allocated by the Authority to the Mayor at
such intervals and in accordance with such terms and conditions
as it considers appropriate, consistent with the financial plan
and budget for the year and with any other withholding of funds
by the Authority pursuant to this Act.''.
(2) Conforming amendments.--(A) Section 204(e) of
such Act, as redesignated by paragraph (1)(A), is
amended by inserting after ``(b)(1)'' the following:
``or the escrow account described in subsection (d)''.
(B) Section 206(d)(1) of such Act is amended by
striking ``204(b)'' and inserting ``204(b), section
204(d),''.
(f) Granting Authority Power to Issue General Orders.--
Section 207 of such Act (sec. 47-392.7, D.C. Code) is amended
by adding at the end the following new subsection:
``(d) Additional Power to Issue Orders, Rules, and
Regulations.--
``(1) In general.--In addition to the authority
described in subsection (c), the Authority may at any
time issue such orders, rules, or regulations as it
considers appropriate to carry out the purposes of this
Act and the amendments made by this Act, to the extent
that the issuance of such an order, rule, or regulation
is within the authority of the Mayor or the head of any
department or agency of the District government, and
any such order, rule, or regulation shall be legally
binding to the same extent as if issued by the Mayor or
the head of any such department or agency.
``(2) Notification.--Upon issuing an order, rule,
or regulation pursuant to this subsection, the
Authority shall notify the Mayor, the Council, the
President, and Congress.
``(3) No judicial review of decision to issue
order.--The decision by the Authority to issue an
order, rule, or regulation pursuant to this subsection
shall be final and shall not be subject to judicial
review.''.
prohibiting funding for terminated employees or contractors
Sec. 5204. (a) In General.--Except as provided in
subsection (b), none of the funds made available to the
District of Columbia during any fiscal year (beginning with
fiscal year 1996) may be used to pay the salary or wages of any
individual whose employment by the District government is no
longer required as determined by the District of Columbia
Financial Responsibility and Management Assistance Authority,
or to pay any expenses associated with a contractor or
consultant of the District government whose contract or
arrangement with the District government is no longer required
as determined by the Authority.
(b) Exception for Payments for Services Already
Provided.--Funds made available to the District of Columbia may
be used to pay an individual for employment already performed
at the time of the Authority's determination, or to pay a
contractor or consultant for services already provided at the
time of the Authority's determination, to the extent permitted
by the District of Columbia Financial Responsibility and
Management Assistance Authority.
(c) District Government Defined.--In this section, the
term ``District government'' has the meaning given such term in
section 305(5) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995.
amendments to district of columbia school reform act of 1995
Sec. 5205. (a) Process for Filing Charter Petitions.--
Section 2201 of the District of Columbia School Reform Act of
1995 (Public Law 104-134; 110 Stat. 1321-115) is amended by
adding at the end the following:
``(d) Limitations on Filing.--
``(1) Multiple chartering authorities.--An eligible
applicant may not file the same petition to establish a
public charter school with more than 1 eligible
chartering authority during a calendar year.
``(2) Multiple petitions.--An eligible applicant
may not file more than 1 petition to establish a public
charter school during a calendar year.''.
(b) Contents of Petition.--Section 2202(6)(B) of the
District of Columbia School Reform Act of 1995 (110 Stat. 1321-
116) is amended to read as follows:
``(B) either--
``(i)(I) an identification of a
facility for the school, including a
description of the site where the
school will be located, any buildings
on the site, and any buildings proposed
to be constructed on the site, and (II)
information demonstrating that the
eligible applicant has acquired title
to, or otherwise secured the use of,
the facility; or
``(ii) a timetable by which an
identification described in clause
(i)(I) will be made, and the
information described in clause (i)(II)
will be submitted, to the eligible
chartering authority;''.
(c) Process for Approving or Denying Public Charter
School Petitions.--Section 2203 of the District of Columbia
School Reform Act of 1995 (110 Stat. 1321-118) is amended--
(1) by amending subsection (d) to read as follows:
``(d) Approval.--
``(1) In general.--Subject to subsection (i) and
paragraph (2), an eligible chartering authority shall
approve a petition to establish a public charter
school, if--
``(A) the eligible chartering authority
determines that the petition satisfies the
requirements of this subtitle;
``(B) the eligible applicant who filed the
petition agrees to satisfy any condition or
requirement, consistent with this subtitle and
other applicable law, that is set forth in
writing by the eligible chartering authority as
an amendment to the petition;
``(C) the eligible chartering authority
determines that the public charter school has
the ability to meet the educational objectives
out-lined in the petition; and
``(D) the approval will not cause the
eligible chartering authority to exceed a limit
under subsection (i).
``(2) Conditional approval.--
``(A) In general.--In the case of a
petition that does not contain the
identification and information required under
section 2202(6)(B)(i), but does contain the
timetable required under section
2202(6)(B)(ii), an eligible chartering
authority may only approve the petition on a
conditional basis, subject to the eligible
applicant's submitting the identification and
information described in section 2202(6)(B)(i)
in accordance with such timetable, or any other
timetable specified in writing by the eligible
chartering authority in an amendment to the
petition.
``(B) Effect of conditional approval.--For
purposes of subsections (e), (h), (i), and (j),
a petition conditionally approved under this
paragraph shall be treated the same as a
petition approved under paragraph (1), except
that on the date that such a conditionally
approved petition ceases to be conditionally
approved because the eligible applicant has not
timely submitted the identification and
information described in section 2202(6)(B)(i),
the approval of the petition shall cease to be
counted for purposes of subsection (i).'';
(2) in subsection (h), by striking ``(d)(2),'' each
place such term appears and inserting ``(d),'';
(3) by amending subsection (i) to read as follows:
``(i) Number of Petitions.--
``(1) First year.--During calendar year 1996, not
more than 10 petitions to establish public charter
schools may be approved under this subtitle.
``(2) Subsequent years.--
``(A) In general.--Subject to subparagraph
(B), during calendar year 1997, and during each
subsequent calendar year, each eligible
chartering authority shall not approve more
than 10 petitions to establish a public charter
school under this subtitle. Any such petition
shall be approved during the period that begins
on January 1 and ends on April 1.
``(B) Exception.--If, by April 1 of any
calendar year after 1996, an eligible
chartering authority has approved fewer than 10
petitions during such calendar year, any other
eligible chartering authority may approve more
than 10 petitions during such calendar year,
but only if--
``(i) the eligible chartering
authority completes the approval of any
such additional petition before June 1
of the year; and
``(ii) the approval of any such
additional petition will not cause the
total number of petitions approved by
all eligible chartering authorities
during the calendar year to exceed
20.''; and
(4) by amending subsection (j) to read as follows:
``(j) Authority of Eligible Chartering Authority.--
``(1) In general.--Except as provided in paragraph
(2), and except for officers or employees of the
eligible chartering authority with which a petition to
establish a public charter school is filed, no
governmental entity, elected official, or employee of
the District of Columbia shall make, participate in
making, or intervene in the making of, the decision to
approve or deny such a petition.
``(2) Availability of review.--A decision by an
eligible chartering authority to deny a petition to
establish a public charter school shall be subject to
judicial review by an appropriate court of the District
of Columbia.''.
(d) District of Columbia Public School Services to Public
Charter Schools.--Section 2209 of the District of Columbia
School Reform Act of 1995 (110 Stat. 1321-125) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Superintendent''; and
(2) by adding at the end the following:
``(b) Preference in Leasing or Purchasing Public School
Facilities.--
``(1) Former public school property.--
``(A) In general.--Notwithstanding any
other provision of law relating to the
disposition of a facility or property described
in subparagraph (B), the Mayor and the District
of Columbia Government shall give preference to
an eligible applicant whose petition to
establish a public charter school has been
conditionally approved under section
2203(d)(2), or a Board of Trustees, with
respect to the purchase or lease of a facility
or property described in subparagraph (B),
provided that doing so will not result in a
significant loss of revenue that might be
obtained from other dispositions or uses of the
facility or property.
``(B) Property described.--A facility or
property referred to in subparagraph (A) is a
facility, or real property--
``(i) that formerly was under the
jurisdiction of the Board of Education;
``(ii) that the Board of Education
has determined is no longer needed for
purposes of operating a District of
Columbia public school; and
``(iii) with respect to which the
Board of Education has transferred
jurisdiction to the Mayor.
``(2) Current public school property.--
``(A) In general.--Notwithstanding any
other provision of law relating to the
disposition of a facility or property described
in subparagraph (B), the Mayor and the District
of Columbia Government shall give preference to
an eligible applicant whose petition to
establish a public charter school has been
conditionally approved under section
2203(d)(2), or a Board of Trustees, in leasing,
or otherwise contracting for the use of, a
facility or property described in subparagraph
(B).
``(B) Property described.--A facility or
property referred to in subparagraph (A) is a
facility, real property, or a designated area
of a facility or real property, that--
``(i) is under the jurisdiction of
the Board of Education; and
``(ii) is available for use because
the Board of Education is not using,
for educational, administrative, or
other purposes, the facility, real
property, or designated area.''.
(e) Charter Renewal.--Section 2212 of the District of
Columbia School Reform Act of 1995 (110 Stat. 1321-129) is
amended--
(1) by amending subsection (a) to read as follows:
``(a) Terms.--
``(1) Initial term.--A charter granted to a public
charter school shall remain in force for a 15-year
period.
``(2) Renewals.--A charter may be renewed for an
unlimited number of times, each time for a 15-year
period.
``(3) Review.--An eligible chartering authority
that grants or renews a charter pursuant to paragraph
(1) or (2) shall review the charter--
``(A) at least once every 5 years to
determine whether the charter should be revoked
for the reasons described in subsection
(a)(1)(A) or (b) of section 2213 in accordance
with the procedures for such revocation
established under section 2213(c); and
``(B) once every 5 years, beginning on the
date that is 5 years after the date on which
the charter is granted or renewed, to determine
whether the charter should be revoked for the
reasons described in section 2213(a)(1)(B) in
accordance with the procedures for such
revocation established under section
2213(c).''; and
(2) by amending subsection (d)(6) to read as
follows:
``(6) Judicial review.--A decision by an eligible
chartering authority to deny an application to renew a
charter shall be subject to judicial review by an
appropriate court of the District of Columbia.''.
(f) Charter Revocation.--Section 2213(a) of the District
of Columbia School Reform Act of 1995 (110 Stat. 1321-130) is
amended to read as follows:
``(a) Charter or Law Violations; Failure to Meet Goals.--
``(1) In general.--Subject to paragraph (2), an
eligible chartering authority that has granted a
charter to a public charter school may revoke the
charter if the eligible chartering authority determines
that the school--
``(A) committed a violation of applicable
laws or a material violation of the conditions,
terms, standards, or procedures set forth in
the charter, including violations relating to
the education of children with disabilities; or
``(B) failed to meet the goals and student
academic achievement expectations set forth in
the charter.
``(2) Speical rule.--An eligible chartering
authority may not revoke a charter under paragraph
(1)(B), except pursuant to a determination made through
a review conducted under section 2212(a)(3)(B).''.
(g) Public Charter School Board.--Paragraphs (3) and (4)
of section 2214(a) of the District of Columbia School Reform
Act of 1995 (110 Stat. 1321-132) are amended to read as
follows:
``(3) Vacancies.--
``(A) Other than from expiration of term.--
Where a vacancy occurs in the membership of the
Board for reasons other than the expiration of
the term of a member of the Board, the
Secretary of Education, not later than 30 days
after the vacancy occurs, shall present to the
Mayor a list of 3 people the Secretary
determines are qualified to serve on the Board.
The Mayor, in consultation with the District of
Columbia Council, shall appoint 1 person from
the list to serve on the Board. The Secretary
shall recommend, and the Mayor shall appoint,
such member of the Board taking into
consideration the criteria described in
paragraph (2). Any member appointed to fill a
vacancy occurring prior to the expiration of
the term of a predecessor shall be appointed
only for the remainder of the term.
``(B) Expiration of term.--Not later than
the date that is 60 days before the expiration
of the term of a member of the Board, the
Secretary of Education shall present to the
Mayor, with respect to each such impending
vacancy, a list of 3 people the Secretary
determines are qualified to serve on the Board.
The Mayor, in consultation with the District of
Columbia Council, shall appoint 1 person from
each such list to serve on the Board. The
Secretary shall recommend, and the Mayor shall
appoint, any member of the Board taking into
consideration the criteria described in
paragraph (2).
``(4) Time limit for appointments.--If, at any
time, the Mayor does not appoint members to the Board
sufficient to bring the Board's membership to 7 within
30 days after receiving a recommendation from the
Secretary of Education under paragraph (2) or (3), the
Secretary, not later than 10 days after the final date
for such mayoral appointment, shall make such
appointments as are necessary to bring the membership
of the Board to 7.''.
(h) Technical Amendment.--Section 2561(b) of the District
of Columbia School Reform Act of 1995 (Public Law 104-134), as
amended by section 148 of the District of Columbia
Appropriations Act, 1997 (Public Law 104-194), is amended to
read as follows:
``(b) Limitation.--A waiver under subsection (a) shall
not apply to the Davis-Bacon Act (40 U.S.C. 276a et seq.) or
Executive Order 11246 or other civil rights standards.''.
disposition of certain school property by authority
Sec. 5206. (a) In General.--Subtitle C of title II of the
District of Columbia Financial Responsibility and Management
Assistance Act of 1995 is amended by adding at the end the
following new section:
``SEC. 225. DISPOSITION OF CERTAIN SCHOOL PROPERTY.
``(a) Power to Dispose.--Notwithstanding any other
provision of law relating to the disposition of a facility or
property described in subsection (d), the Authority may dispose
(by sale, lease, or otherwise) of any facility or property
described in subsection (d).
``(b) Preference for Public Charter School.--In disposing
of a facility or property under this section, the Authority
shall give preference to an eligible applicant (as defined in
section 2002 of the District of Columbia School Reform Act of
1995) whose petition to establish a public charter school has
been conditionally approved under section 2203(d)(2) of such
Act, or a Board of Trustees (as defined in section 2002 of such
Act) of such a public charter school, if doing so will not
result in a significant loss of revenue that might be obtained
from other dispositions or uses of the facility or property.
``(c) Use of Proceeds From Disposition for School Repair
and Maintenance.--
``(1) In general.--The Authority shall deposit any
proceeds of the disposition of a facility or property
under this section in the Board of Education Real
Property Maintenance and Improvement Fund (as
established by the Real Property Disposal Act of 1990),
to be used for the construction, maintenance,
improvement, rehabilitation, or repair of buildings and
grounds which are used for educational purposes for
public and public charter school students in the
District of Columbia.
``(2) Consultation.--In disposing of a facility or
property under this section, the Authority shall
consult with the Superintendent of Schools of the
District of Columbia, the Mayor, the Council, the
Administrator of General Services, and education and
community leaders involved in planning for an agency or
authority that will design and administer a
comprehensive long-term program for repair and
improvement of District of Columbia public school
facilities (as described in section 2552(a) of the
District of Columbia School Reform Act of 1995).
``(3) Legal effect of sale.--The Authority may
dispose of a facility or property under this section by
executing a proper deed and any other legal instrument
for conveyance of title to the facility or property,
and such deed shall convey good and valid title to the
purchaser of the facility or property.
``(d) Facility or Property Described.--A facility or
property described in this subsection is a facility or property
which is described in section 2209(b)(1)(B) of the District of
Columbia School Reform Act of 1995 and with respect to which
the Authority has made the following determinations:
``(1) The property is no longer needed for purposes
of operating a District of Columbia public school (as
defined in section 2002 of the District of Columbia
School Reform Act of 1995).
``(2) The disposition of the property is in the
best interests of education in the District of
Columbia.
``(3) The Mayor (or any other department or agency
of the District government) has failed to make
substantial progress toward disposing the property
during the 90-day period which begins on the date the
Board of Education transfers jurisdiction over the
property to the Mayor (or, in the case of property
which is described in section 2209(b)(1)(B) of such Act
as of the date of the enactment of this section, during
the 90-day period which begins on the date of the
enactment of this section).''.
(b) Control Over Board of Education Real Property
Maintenance and Improvement Fund.--
(1) In general.--Section 2(b) of the Board of
Education Real Property Disposal Act of 1990 (sec. 9-
402(b), D.C. Code) is amended--
(A) by amending the second sentence to read
as follows: ``Subject to paragraph (6), the
District of Columbia Financial Responsibility
and Management Assistance Authority shall
administer the Fund and receive all payments
into the Fund that are required by law.''; and
(B) by adding at the end the following new
paragraph:
``(6) Upon the establishment of an agency or authority
within the District of Columbia government to administer a
public schools facilities revitalization plan pursuant to
section 2552(a)(2) of the District of Columbia School Reform
Act of 1995, such agency or authority shall administer the Fund
and receive all payments into the Fund that are required by
law.''.
(2) Conforming amendments.--Section 2(b) of the
Board of Education Real Property Disposal Act of 1990
(sec. 9-402(b), D.C. Code) is amended--
(A) in the third sentence of paragraph (1),
by striking ``; provided that the Board'' and
all that follows and inserting a period; and
(B) by striking paragraph (5).
(c) Clerical Amendment.--The table of contents of
subtitle C of title II of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 is amended
by adding at the end the following new item:
``Sec. 225. Disposition of certain school property.''.
CHAPTER 3
ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
operation and maintenance, general
For an additional amount for ``Operation and Maintenance,
General'' for emergency expenses resulting from Hurricane Fran
and other natural disasters of 1996, $19,000,000, to remain
available until expended: Provided: That such amount is
designated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
GENERAL PROVISION
Sec. 5301. None of the funds appropriated in the Energy
and Water Department Appropriations Act, 1997 may be made
available to the Tennessee Valley Authority if the Tennessee
Valley Authority is imposing a performance deposit in
connection with residential shoreline alteration permits.
CHAPTER 4
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Salaries and Expenses
(rescission)
Immediately upon enactment of this Act, of the funds
appropriated in the Legislative Branch Appropriations Act,
1996, for the House of Representatives under the heading
``SALARIES AND EXPENSES'', there is rescinded $500,000,
specified for the following heading and account:
(1) ``ALLOWANCES AND EXPENSES'', $500,000, as
follows: (A) ``Government contributions to employees'
life insurance fund, retirement funds, Social Security
fund, Medicare fund, health benefits fund, and worker's
and unemployment compensation.''
JOINT ITEMS
Capitol Police Board
Capitol Police
salaries
(rescission)
Immediately upon enactment of this Act, of the funds
appropriated under this heading in Public Law 104-53,
$3,000,000 are rescinded.
general expenses
For an additional amount for the Capitol Police Board for
necessary expenses for the design and installation of security
systems for the Capitol buildings and grounds, $3,250,000,
which shall remain available until expended.
ARCHITECT OF THE CAPITOL
Capitol Buildings and Grounds
capitol buildings
For an additional amount for ``Capitol Buildings and
Grounds, Capitol Buildings'', $250,000, to remain available
until expended, for architectural and engineering services
related to the design and installation of security systems for
Capitol buildings and grounds.
senate office buildings
Of the funds appropriated under the heading, ``ARCHITECT
OF THE CAPITOL, Capitol Buildings and Grounds, Senate office
buildings'' in Public Law 104-53, $650,000 shall remain
available until September 30, 1997 for furniture, furnishings,
and equipment for the Senate employees' child care center.
GENERAL PROVISIONS
congressional award act amendments of 1996
Sec. 5401. (a) Extension of Requirements Regarding
Financial Operations of Congressional Award Program;
Noncompliance With Requirements.--Section 5(c)(2)(A) of the
Congressional Award Act (2 U.S.C. 804(c)(2)(A)) is amended by
striking ``and 1994'' and inserting ``1994, 1995, 1996, 1997,
and 1998''.
(b) Termination.--Section 9 of the Congressional Award
Act (2 U.S.C. 808) is amended by striking ``October 1, 1995''
and inserting ``October 1, 1999''.
(c) Savings Provisions.--During the period of October 1,
1995, through the date of the enactment of this section, all
actions and functions of the Congressional Award Board under
the Congressional Award Act shall have the same effect as
though no lapse or termination of the Congressional Award Board
ever occurred.
bill emerson hall in the house of representatives page school
Sec. 5402. The Founders Hall instructional area in the
House of Representatives Page School, located in the Thomas
Jefferson Building of the Library of Congress, shall be known
and designated as ``Bill Emerson Hall''.
CHAPTER 5
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
operations
(airport and airway trust fund)
For additional operating expenses of the Federal Aviation
Administration for airport security activities, $57,900,000, to
be derived from the Airport and Airway Trust Fund and to remain
available until September 30, 1998: Provided, That of the funds
provided, $8,900,000 shall be for establishment of additional
explosive detection K-9 teams at airports; $5,500,000 shall be
for airport vulnerability assessments; $18,000,000 shall be for
the hire of additional aviation security personnel: and
$25,500,000 shall be for the hire of additional aviation safety
inspectors and contract weather observers, air traffic
controller training, and implementation of recommendations of
the Federal Aviation Administration's ``Ninety Day Safety
Review'', dated September 16, 1996: Provided further, That such
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
facilities and equipment
(airport and airway trust fund)
For additional necessary expenses for ``Facilities and
Equipment'', $147,700,000, to be derived from the Airport and
Airway Trust Fund and to remain available until September 30,
1999: Provided, That of the funds provided, $144,200,000 shall
only be for non-competitive contracts or cooperative agreements
with air carriers and airport authorities, which provide for
the Federal Aviation Administration to purchase and assist in
installation of advanced security equipment for the use of such
entities and $3,500,000 shall be for accelerated development
and deployment of the Online Aviation Safety Information
System: Provided further, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
research, engineering, and development
(airport and airway trust fund)
For an additional amount for ``Research, Engineering, and
Development'', $21,000,000, to be derived from the Airport and
Airway Trust Fund and to remain available until September 30,
1999: Provided, That the funds provided shall only be for
aviation security research and operational testing of document
trace scanners and explosive detection portals for airport
passengers: Provided further, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
grants-in-aid for airports
(airport and airway trust fund)
(rescission of contract authorization)
Of the available contract authority balances under this
heading, $50,000,000 are rescinded.
Federal Highway Administration
highway-related safety grants
(highway trust fund)
(rescission of contract authorization)
Of the available contract authority balances under this
heading, $9,100,000 are rescinded.
federal-aid highways
(highway trust fund)
For an additional amount for ``Emergency Relief Program''
for emergency expenses resulting from Hurricanes Fran and
Hortense and for other disasters, as authorized by 23 U.S.C.
125, $82,000,000, to be derived from the Highway Trust Fund and
to remain available until expended: Provided, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
motor carrier safety grants
(highway trust fund)
(rescission of contract authorization)
Of the available contract authority balances under this
heading, $12,300,000 are rescinded.
National Highway Traffic Safety Administration
highway traffic safety grants
(highway trust fund)
(rescission of contract authorization)
Of the available contract authority balances under this
heading, $11,800,000 are rescinded.
Federal Railroad Administration
northeast corridor improvement program
For additional necessary expenses related to Northeast
Corridor improvements authorized by title VII of the Railroad
Revitalization and Regulatory Reform Act of 1976, as amended
(45 U.S.C. 851 et seq.) and 49 U.S.C. 24909, $60,000,000, to
remain available until September 30, 1999.
direct loan financing program
Notwithstanding any other provision of law, $58,680,000,
for direct loans not to exceed $400,000,000 consistent with the
purposes of section 505 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 825) as in effect on
September 30, 1988, to the Alameda Corridor Transportation
Authority to continue the Alameda Corridor Project, including
replacement of at-grade rail lines with a below-grade corridor
and widening of the adjacent major highway: Provided, That
loans not to exceed the following amounts shall be made on or
after the first day of the fiscal year indicated:
Fiscal year 1997........................................ $140,000,000
Fiscal year 1998........................................ $140,000,000
Fiscal year 1999........................................ $120,000,000
Provided further, That any loan authorized under this section
shall be structured with a maximum 30-year repayment after
completion of construction at an annual interest rate of not to
exceed the 30-year United States Treasury rate and on such
terms and conditions as deemed appropriate by the Secretary of
Transportation: Provided further, That specific provisions of
section 505 (a), (b) and (d) through (h) shall not apply:
Provided further, That the Alameda Corridor Transportation
Authority shall be deemed to be a financially responsible
person for purposes of section 505 of the Act.
grants to the national railroad passenger corporation
For additional expenses necessary for ``Grants to the
National Railroad Passenger Corporation'', $22,500,000 for
operating losses, to remain available until September 30, 1997:
Provided, That amounts made available shall only be used to
continue service on routes the National Railroad Passenger
Corporation currently plans to terminate.
Research and Special Programs Administration
research and special programs
For additional expenses necessary for ``Research and
Special Programs'' to conduct vulnerability and threat
assessments of the nation's transportation system, $3,000,000,
to remain available until September 30, 1999; Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
National Transportation Safety Board
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$6,000,000, to reimburse other federal agencies for previously
incurred costs of recovering wreckage from TWA flight 800, and
for other costs related to the TWA 800 accident investigation:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
emergency fund
For necessary expenses of the National Transportation
Safety Board for accident investigations, including hire of
passenger motor vehicles and aircraft; services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-18; uniforms,
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902), $1,000,000: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS
Sec. 5501. In fiscal year 1997, the Administrator of the
Federal Aviation Administration may establish at individual
airports such consortia of government and aviation industry
representatives as the Administrator may designate to provide
advice on matters related to aviation security and safety:
Provided, That such consortia shall not be considered Federal
advisory committees.
Sec. 5502. In cases where an emergency ocean condition
causes erosion of a bank protecting a scenic highway or byway,
fiscal year 1996 or fiscal year 1997 Federal Highway
Administration Emergency Relief funds can be used to halt the
erosion and stabilize the bank if such action is necessary to
protect the highway from imminent failure and is less expensive
than highway relocation.
Sec. 5503. Of the funds deducted under 23 U.S.C.
subsection 104(a) for fiscal year 1997, $30,000,000 shall be
available for allocation to States authorized by section
1069(y) of Public Law 102-240.
Sec. 5504. Conveyance of Property in Traverse City,
Michigan. (a) Authority To Convey.--The Secretary of
Transportation (or any other official having control over the
property described in subsection (b)) shall expeditiously
convey to the Traverse City Area Public School District in
Traverse City, Michigan, without consideration, all right,
title, and interest of the United States in and to the property
identified, described, and determined by the Secretary under
subsection (b), subject to all easements and other interests in
the property held by any other person.
(b) Identification of Property.--The Secretary shall
identify, describe, and determine the property to be conveyed
pursuant to this section.
(c) Reversionary Interest.--In addition to any term or
condition established pursuant to subsection (a) or (d), any
conveyance of property described in subsection (b) shall be
subject to the condition that all right, title, and interest in
and to the property so conveyed shall immediately revert to the
United States if the property, or any part thereof, ceases to
be used by the Traverse City Area Public School District.
(d) Terms of Conveyance.--The conveyance of property
under this section shall be subject to such conditions as the
Secretary considers to be necessary to assure that--
(1) the pump room located on the property shall
continue to be operated and maintained by the United
States for as long as it is needed for this purpose;
(2) the United States shall have an easement of
access to the property for the purpose of operating and
maintaining the pump room; and
(3) the United States shall have the right, at any
time, to enter the property without notice for the
purpose of operating and maintaining the pump room.
Sec. 5505. Authority To Convey Whitefish Point Light
Station Land. (a) Authority To Convey.--
(1) In general.--Except as otherwise provided in
this section, the Secretary of the Interior (in this
section referred to as the ``Secretary'') may convey,
by an appropriate means of conveyance, all right,
title, and interest of the United States in 1 of the 3
parcels comprising the land on which the United States
Coast Guard Whitefish Point Light Station is situated
(in this section referred to as the ``Property''), to
each of the Great Lakes Shipwreck Historical Society,
located in Sault Ste. Marie, Michigan, the United
States Fish and Wildlife Service, and the Michigan
Audubon Society (each of which is referred to in this
section as a ``recipient''), subject to all easements,
conditions, reservations, exceptions, and restrictions
contained in prior conveyances of record.
(2) Limitation.--Notwithstanding paragraph (1), the
Secretary shall retain for the United States all right,
title, and interest in--
(A) any historical artifact, including any
lens or lantern, and
(B) the light, antennas, sound signal,
towers, associated lighthouse equipment, and
any electronic navigation equipment, which are
active aids to navigation,
which is located on the Property, or which relates to
the Property.
(3) Identification of the property.--The Secretary
may identify, describe, and determine the parcels to be
conveyed pursuant to this section.
(4) Rights of access.--If necessary to ensure
access to a public roadway for a parcel conveyed under
this section, the Secretary shall convey with the
parcel an appropriate appurtenant easement over another
parcel conveyed under this section.
(5) Easement for public along shoreline.--In each
conveyance under this section of property located on
the shoreline of Lake Superior, the Secretary shall
retain for the public, for public walkway purposes, a
right-of-way along the shoreline that extends 30 feet
inland from the mean high water line.
(b) Terms and Conditions.--
(1) In general.--Any conveyance pursuant to
subsection (a) shall be made--
(A) without payment of consideration; and
(B) subject to such terms and conditions as
the Secretary considers appropriate.
(2) Maintenance of navigation functions.--The
Secretary shall ensure that any conveyance pursuant to
this section is subject to such conditions as the
Secretary considers to be necessary to assure that--
(A) the light, antennas, sound signal,
towers, and associated lighthouse equipment,
and any electronic navigation equipment, which
are located on the Property and which are
active aids to navigation shall continue to be
operated and maintained by the United States
for as long as they are needed for this
purpose;
(B) the recipients may not interfere or
allow interference in any manner with such aids
to navigation without express written
permission from the United States;
(C) there is reserved to the United States
the right to relocate, replace, or add any aids
to navigation, or make any changes on any
portion of the Property as may be necessary for
navigation purposes;
(D) the United States shall have the right,
at any time, to enter the Property without
notice for the purpose of maintaining aids to
navigation;
(E) the United States shall have--
(i) an easement of access to and
across the Property for the purpose of
maintaining the aids to navigation and
associated equipment in use on the
Property; and
(ii) an easement for an arc of
visibility; and
(F) the United States shall not be
responsible for the cost and expense of
maintenance, repair, and upkeep of the
Property.
(3) Maintenance obligation.--The recipients shall
not have any obligation to maintain any active aid to
navigation equipment on any parcel conveyed pursuant to
this section.
(c) Property To Be Maintained in Accordance With Certain
Laws.--Each recipient shall maintain the parcel conveyed to the
recipient pursuant to subsection (a) in accordance with the
provisions of the National Historic Preservation Act (16 U.S.C.
470 et seq.), and other applicable laws.
(d) Maintenance Standard.--Each recipient shall maintain
the parcel conveyed to the recipient pursuant to subsection
(a), at its own cost and expense, in a proper, substantial, and
workmanlike manner, including the easements of access, the
easement for an arc of visibility, the nuisance easement, and
the underground easement.
(e) Shared Use and Occupancy Agreement.--The Secretary
shall require, as a condition of each conveyance of property
under this section, that all of the recipients have entered
into the same agreement governing the shared use and occupancy
of the existing Whitefish Point Light Station facilities. The
agreement shall be drafted by the recipients and shall
include--
(1) terms governing building occupancy and access
of recipient staff and public visitors to public
restrooms, the auditorium, and the parking lot; and
(2) terms requiring that each recipient shall be
responsible for paying a pro rata share of the costs of
operating and maintaining the existing Whitefish Point
Light Station facilities, that is based on the level of
use and occupancy of the facilities by the recipient.
(f) Limitations on Developing and Impairing Uses.--It
shall be a term of each conveyance under this section that--
(1) no development of new facilities or expansion
of existing facilities or infrastructure on property
conveyed under this section may occur, except for
purposes of implementing the Whitefish Point
Comprehensive Plan of October 1992 or for a gift shop,
unless--
(A) each of the recipients consents to the
development or expansion in writing;
(B) there has been a reasonable opportunity
for public comment on the development or
expansion, and full consideration has been
given to such public comment as is provided;
and
(C) the development or expansion is
consistent with preservation of the Property in
its predominantly natural, scenic, historic,
and forested condition; and
(2) any use of the Property or any structure
located on the property which may impair or interfere
with the conservation values of the Property is
expressly prohibited.
(g) Reversionary Interest.--
(1) In general.--All right, title, and interests in
and to property and interests conveyed under this
section shall revert to the United States and
thereafter be administered by the Secretary of Interior
acting through the Director of the United States Fish
and Wildlife Service, if--
(A) in the case of such property and
interests conveyed to the Great Lakes Shipwreck
Historical Society, the property or interests
cease to be used for the purpose of historical
interpretation;
(B) in the case of such property and
interests conveyed to the Michigan Audubon
Society, the property or interests cease to be
used for the purpose of environmental
protection, research, and interpretation; or
(C) in the case any property and interest
conveyed to a recipient referred to in
subparagraph (A) or (B)--
(i) there is any violation of any
term or condition of the conveyance to
that recipient; or
(ii) the recipient has ceased to
exist.
(2) Authority to enforce reversionary interest.--
The Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife
Service, shall have the authority--
(A) to determine for the United States
Government whether any act or omission of a
recipient results in a reversion of property
and interests under paragraph (1); and
(B) to initiate a civil action to enforce
that reversion, after notifying the recipient
of the intent of the Secretary of the Interior
to initiate that action.
(3) Maintenance of navigation functions.--In the
event of a revision of property under this subsection,
the Secretary of the Interior shall administer the
property subject to any conditions the Secretary of
Transportation considers to be necessary to maintain
the navigation functions.
Sec. 5506. Conveyance of Lighthouses. (a) Authority To
Convey.--
(1) In general.--The Secretary of Transportation or
the Secretary of the Interior, as appropriate, shall
convey, by an appropriate means of conveyance, all
right, title, and interest of the United States in and
to each of the following properties:
(A) Saint Helena Island Light Station,
located in MacKinac County, Moran Township,
Michigan, to the Great Lakes Lighthouse Keepers
Association.
(B) Presque Isle Light Station, located in
Presque Isle Township, Michigan, to Presque
Isle Township, Presque Isle County, Michigan.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be
conveyed under this subsection.
(3) Exception.--The Secretary may not convey any
historical artifact, including any lens or lantern,
located on the property at or before the time of the
conveyance.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of property under
this section shall be made--
(A) without payment of consideration; and
(B) subject to the conditions required by
this section and other terms and conditions the
Secretary may consider appropriate.
(2) Reversionary interest.--In addition to any term
or condition established under this section, the
conveyance of property under this subsection shall be
subject to the condition that all right, title, and
interest in the property shall immediately revert to
the United States if--
(A) the property, or any part of the
property--
(i) ceases to be used as a
nonprofit center for the interpretation
and preservation of maritime history;
(ii) ceases to be maintained in a
manner that ensures its present or
future use as a Coast Guard aid to
navigation; or
(iii) ceases to be maintained in a
manner consistent with the provisions
of the National Historic Preservation
Act of 1966 (16 U.S.C. 470 et seq.); or
(B) at least 30 days before that reversion,
the Secretary of Transportation provides
written notice to the owner that the property
is needed for national security purposes.
(3) Maintenance of navigation functions.--A
conveyance of property under this section shall be made
subject to the conditions that the Secretary of
Transportation considers to be necessary to assure
that--
(A) the lights, antennas, sound signal,
electronic navigation equipment, and associated
lighthouse equipment located on the property
conveyed, which are active aids to navigation,
shall continue to be operated and maintained by
the United States for as long as they are
needed for this purpose;
(B) the owner of the property may not
interfere or allow interference in any manner
with aids to navigation without express written
permission from the Secretary of
Transportation;
(C) there is reserved to the United States
the right to relocate, replace or add any aid
to navigation or make any changes to the
property as may be necessary for navigational
purposes;
(D) the United States shall have the right,
at any time, to enter the property without
notice for the purpose of maintaining aids to
navigation; and
(E) the United States shall have an
easement of access to and across the property
for the purpose of maintaining the aids to
navigation in use on the property.
(4) Obligation limitation.--The owner of property
conveyed under this section is not required to maintain
any active aid to navigation equipment on the property.
(5) Property to be maintained in accordance with
certain laws.--The owner of property conveyed under
this section shall maintain the property in accordance
with the National Historic Preservation Act of 1966 (16
U.S.C. 470 et seq.) and other applicable laws.
(c) Maintenance Standard.--The owner of any property
conveyed under this section, at its own cost and expense, shall
maintain the property in a proper, substantial, and workmanlike
manner.
(d) Definitions.--For purposes of this section:
(1) the term ``owner'' means the person identified
in subsection a(1)(A) and (B), and includes any
successor of assign of that person.
(2) The term ``Presque Isle Light Station''
includes the light tower, attached dwelling, detached
dwelling, 3-car garage, and any other improvements on
that parcel of land.
CHAPTER 6
DEPARTMENT OF THE TREASURY
Community Development Financial Institutions
community development financial institutions fund program account
For an additional amount for ``Community Development
Financial Institutions Fund Program Account'' for grants,
loans, and technical assistance to qualifying community
development lenders, $5,000,000, to remain available until
September 30, 1998, of which $850,000 may be used for the cost
of direct loans: Provided, That the cost of direct loans,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974.
Environmental Protection Agency
science and technology
For an additional amount for ``Science and Technology'',
$10,000,000, to remain available until September 30, 1998, to
conduct health effects research to carry out the purposes of
the Safe Drinking Water Act Amendments of 1996, Public Law 104-
182.
environmental programs and management
For an additional amount for ``Environmental Programs and
Management'', $42,221,000, to remain available until September
30, 1998, of which $30,000,000 is to carry out the purposes of
the Safe Drinking Water Act Amendments of 1996, Public Law 104-
182, and the purposes of the Food Quality Protection Act of
1996, Public Law 104-170, and of which $10,221,000 is for
pesticide residue data collection for use in risk assessment
activities.
state and tribal assistance grants
For an additional amount for ``State and Tribal
Assistance Grants'', $35,000,000, to remain available until
expended, for a grant to the City of Boston, Massachusetts,
subject to an appropriate cost share as determined by the
Administrator, for the construction of wastewater treatment
facilities.
Federal Emergency Management Agency
salaries and expenses
For an additional amount for ``Salaries and Expenses'' to
increase Federal, State, and local preparedness for mitigating
and responding to the consequences of terrorism, $3,000,000.
emergency management planning and assistance
For an additional amount for ``Emergency Management
Planning and Assistance'' to increase Federal, State, and local
preparedness for mitigating and responding to the consequences
of terrorism, $12,000,000.
national flood insurance fund
Section 1309(a)(2) of the National Flood Insurance Act
(42 U.S.C. 4016(a)(2)), is amended by striking
``$1,000,000,000'' and inserting in lieu thereof
``$1,500,000,000 through September 30, 1997, and $1,000,000,000
thereafter''.
Department of Health and Human Services
office of consumer affairs
For necessary expenses of the Office of Consumer Affairs,
including services authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem rate equivalent to
the rate for GS-18, $1,500,000: Provided, That none of the
funds provided under this heading may be made available for any
other activities within the Department of Health and Human
Services.
National Aeronautics and Space Administration
science, aeronautics and technology
For an additional amount for ``Science, Aeronautics and
Technology'', $5,000,000, to remain available until September
30, 1998.
CHAPTER 7
INTERNATIONAL SECURITY ASSISTANCE
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for nonproliferation, anti-
terrorism and related programs and activities, $18,000,000, to
carry out the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 for anti-terrorism assistance.
foreign military financing program
For an additional amount for grants to enable the
President to carry out the provisions of section 23 of the Arms
Export Control Act, $60,000,000.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961, $65,000,000:
Provided, That none of the funds appropriated under this
paragraph shall be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
CHAPTER 8
GENERAL PROVISIONS
Sec. 5801. Of the amounts made available in Title IV of
the Department of Defense Appropriations Act, 1997, under the
heading ``Research, Development, Test and Evaluation, Defense-
Wide'', $56,232,000 shall be made available only for the Corps
Surface-to-Air Missile (CORPS SAM) program.
Sec. 5802. There is hereby established on the books of
the Treasury an account, ``Support for International Sporting
Competitions, Defense'' (hereinafter referred to in this
section as the ``Account'') to be available until expended for
logistical and security support for international sporting
competitions (other than pay and non-travel-related allowances
of members of the Armed Forces of the United States, except for
members of the reserve components thereof called or ordered to
active duty in connection with providing such support):
Provided, That there shall be credited to the Account: (a)
unobligated balances of the funds appropriated in Public Laws
103-335 and 104-61 under the headings ``Summer Olympics''; (b)
any reimbursements received by the Department of Defense in
connection with support to the 1993 World University Games; the
1994 World Cup Games; and the 1996 Games of the XXVI Olympiad
held in Atlanta, Georgia; (c) any reimbursements received by
the Department of Defense after the date of enactment of this
Act for logistical and security support provided to
international sporting competitions; and (d) amounts
specifically appropriated to the Account, all to remain
available until expended: Provided further, That none of the
funds made available to the Account may be obligated until 45
days after the congressional defense committees have been
notified in writing by the Secretary of Defense as to the
purpose for which these funds will be obligated.
Sec. 5803. In addition to the amounts made available in
Title IV of the Department of Defense Appropriations Act, 1997,
under the heading ``Research, Development, Test and Evaluation,
Defense-Wide'', $100,000,000 is hereby appropriated and made
available only for the Dual-Use Applications Program.
DIVISION B--OREGON RESOURCE CONSERVATION ACT OF 1996
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon Resource
Conservation Act of 1996''.
TITLE I--OPAL CREEK WILDERNESS AND SCENIC RECREATION AREA
SEC. 101. SHORT TITLE.
This title may be cited as the ``Opal Creek Wilderness
and Opal Creek Scenic Recreation Area Act of 1996''.
SEC. 102. DEFINITIONS.
In this title:
(1) Bull of the woods wilderness.--The term ``Bull
of the Woods Wilderness'' means the land designated as
wilderness by section 3(4) of the Oregon Wilderness Act
of 1984 (Public Law 98-328; 16 U.S.C. 1132 note).
(2) Opal creek wilderness.--The term ``Opal Creek
Wilderness'' means certain land in the Willamette
National Forest in the State of Oregon comprising
approximately 12,800 acres, as generally depicted on
the map entitled ``Proposed Opal Creek Wilderness and
Scenic Recreation Area'', dated July 1996.
(3) Scenic recreation area.--The term ``Scenic
Recreation Area'' means the Opal Creek Scenic
Recreation Area, comprising approximately 13,000 acres,
as generally depicted on the map entitled ``Proposed
Opal Creek Wilderness and Scenic Recreation Area'',
dated July 1996 and established under section 104(a)(3)
of this title.
(4) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
SEC. 103. PURPOSES.
The purposes of this title are:
(1) to establish a wilderness and scenic recreation
area to protect and provide for the enhancement of the
natural, scenic, recreational, historic, and cultural
resources of the area in the vicinity of Opal Creek;
(2) to protect and support the economy of the
communities in the Santiam Canyon; and
(3) to provide increased protection for an
important drinking water source for communities served
by the north Santiam River.
SEC. 104. ESTABLISHMENT OF OPAL CREEK WILDERNESS AND SCENIC RECREATION
AREA.
(a) Establishment.--On a determination by the Secretary
under subsection (b)--
(1) the Opal Creek Wilderness, as depicted on the
map described in section 102(2), is hereby designated
as wilderness, subject to the provisions of the
Wilderness Act of 1964, shall become a component of the
National Wilderness System, and shall be known as the
Opal Creek Wilderness;
(2) the part of the Bull of the Woods Wilderness
that is located in the Willamette National Forest shall
be incorporated into the Opal Creek Wildnerness; and
(3) the Secretary shall establish the Opal Creek
Scenic Recreation Area in the Willamette National
Forest in the State of Oregon, comprising approximately
13,000 acres, as generally depicted on the map
described in section 102(3).
(b) Conditions.--The designations in subsection (a) shall
not take effect unless the Secretary makes a determination, not
later than 2 years after the date of enactment of this title,
that the following conditions have been met:
(1) the following have been donated to the United
States in an acceptable condition and without
encumbrances--
(A) all right, title, and interest in the
following patented parcels of land--
(i) Santiam number 1, mineral
survey number 992, as described in
patent number 39-92-0002, dated
December 11, 1991;
(ii) Ruth Quartz Mine number 2,
mineral survey number 994, as described
in patent number 39-91-0012, dated
February 12, 1991;
(iii) Morning Star Lode, mineral
survey number 993, as described in
patent number 36-91-0011, dated
February 12, 1991;
(B) all right, title, and interest held by
any entity other than the Times Mirror Land and
Timber Company, its successors and assigns, in
and to lands located in section 18, township 8
south, range 5 east, Marion County, Oregon,
Eureka numbers 6, 7, 8, and 13 mining claims;
and
(C) an easement across the Hewitt,
Starvation, and Poor Boy Mill Sites, mineral
survey number 990, as described in patent
number 36-91-0017, dated May 9, 1991. In the
sole discretion of the Secretary, such easement
may be limited to administrative use if an
alternative access route, adequate and
appropriate for public use, is provided.
(2) a binding agreement has been executed by the
Secretary and the owners of record as of March 29,
1996, of the following interests, specifying the terms
and conditions for the disposition of such interests to
the United States Government--
(A) the lode mining claims known as
Princess Lode, Black Prince Lode, and King
number 4 Lode, embracing portions of sections
29 and 32, township 8 south, range 5 east,
Willamette Meridian, Marion County, Oregon, the
claims being more particularly described in the
field notes and depicted on the plat of mineral
survey number 887, Oregon; and
(B) Ruth Quartz Mine number 1, mineral
survey number 994, as described in patent
number 39-91-0012, dated February 12, 1991.
(c) Additions to the Wilderness and Scenic Recreation
Areas.--
(1) Lands or interests in lands conveyed to the
United States under this section shall be included in
and become part of, as appropriate, Opal Creek
Wilderness or the Opal Creek Scenic Recreation Area.
(2) On acquiring all or substantially all of the
land located in section 36, township 8 south, range 4
east, of the Willamette Meridian, Marion County,
Oregon, commonly known as the Rosboro section, by
exchange, purchase from a willing seller, or by
donation, the Secretary shall expand the boundary of
the Scenic Recreation Area to include such land.
(3) On acquiring all or substantially all of the
land located in section 18, township 8 south, range 5
east, Marion County, Oregon, commonly known as the
Times Mirror property, by exchange, purchase from a
willing seller, or by donation, such land shall be
included in and become a part of the Opal Creek
Wilderness.
SEC. 105. ADMINISTRATION OF THE SCENIC RECREATION AREA.
(a) In General.--The Secretary shall administer the
Scenic Recreation Area in accordance with this title and the
laws (including regulations) applicable to the National Forest
System.
(b) Opal Creek Management Plan.--
(1) In general.--Not later than 2 years after the
date of establishment of the Scenic Recreation Area,
the Secretary, in consultation with the advisory
committee established under section 106(a), shall
prepare a comprehensive Opal Creek Management Plan
(Management Plan) for the Scenic Recreation Area.
(2) Incorporation in land and resource management
plan.--Upon its completion, the Opal Creek Management
Plan shall become part of the land and resource
management plan for the Willamette National Forest and
supersede any conflicting provision in such land and
resource management plan. Nothing in this paragraph
shall be construed to supersede the requirements of the
Endangered Species Act or the National Forest
Management Act or regulations promulgated under those
Acts, or any other law.
(3) Requirements.--The Opal Creek Management Plan
shall provide for a broad range of and uses,
including--
(A) recreation;
(B) harvesting of nontraditional forest
products, such as gathering mushrooms and
material to make baskets; and
(C) educational and research opportunities.
(4) Plan amendments.--The Secretary may amend the
Opal Creek Management Plan as the Secretary may
determine to be necessary, consistent with the
procedures and purposes of this title.
(c) Recreation.--
(1) Recognition.--Congress recognizes recreation as
an appropriate use of the Scenic Recreation Area.
(2) Minimum levels.--The management plan shall
permit recreation activities at not less than the
levels in existence on the date of enactment of this
title.
(3) Higher levels.--The management plan may provide
for levels of recreation use higher than the levels in
existence on the date of enactment of this title if
such uses are consistent with the protection of the
resource values of Scenic Recreation Area.
(4) The management plan may include public trail
access through section 28, township 8 south, range 5
east, Willamette Meridian, to Battle Axe Creek, Opal
Pool and other areas in the Opal Creek Wilderness and
the Opal Creek Scenic Recreation Area.
(d) Transportation Planning.--
(1) In general.--Except as provided in this
subparagraph, motorized vehicles shall not be permitted
in the Scenic Recreation Area. To maintain reasonable
motorized and other access to recreation sites and
facilities in existence on the date of enactment of
this title, the Secretary shall prepare a
transportation plan for the Scenic Recreation Area
that--
(A) evaluates the road network within the
Scenic Recreation Area to determine which roads
should be retained and which roads should be
closed;
(B) provides guidelines for transportation
and access consistent with this title;
(C) considers the access needs of persons
with disabilities in preparing the
transportation plan for the Scenic Recreation
Area;
(D) allows forest road 2209 beyond the gate
to the Scenic Recreation Area, as depicted on
the map described in 102(2), to be used by
motorized vehicles only for administrative
purposes and for access by private inholders,
subject to such terms and conditions as the
Secretary may determine to be necessary; and
(E) restricts construction on or
improvements to forest road 2209 beyond the
gate to the Scenic Recreation Area to
maintaining the character of the road as it
existed upon the date of enactment of this
title, which shall not include paving or
widening. In order to comply with subsection
107(b) of this title, the Secretary may make
improvements to forest road 2209 and its bridge
structures consistent with the character of the
road as it existed on the date of enactment of
this title.
(e) Hunting and Fishing.--
(1) In general.--Subject to applicable Federal and
State law, the Secretary shall permit hunting and
fishing in the Scenic Recreation Area.
(2) Limitation.--The Secretary may designate zones
in which, and establish periods when, no hunting or
fishing shall be permitted for reasons of public
safety, administration, or public use and enjoyment of
the Scenic Recreation Area.
(3) Consultation.--Except during an emergency, as
determined by the Secretary, the Secretary shall
consult with the Oregon State Department of Fish and
Wildlife before issuing any regulation under this
subsection.
(f) Timber Cutting.--
(1) In general.--Subject to paragraph (2), the
Secretary shall prohibit the cutting and/or selling of
trees in the Scenic Recreation Area.
(2) Permitted cutting.--
(A) In general.--Subject to subparagraph
(B), the Secretary may allow the cutting of
trees in the Scenic Recreation Area only--
(i) for public safety, such as to
control the continued spread of a
forest fire in the Scenic Recreation
Area or on land adjacent to the Scenic
Recreation Area;
(ii) for activities related to
administration of the Scenic Recreation
Area, consistent with the Opal Creek
Management Plan; or
(iii) for removal of hazard trees
along trails and roadways.
(B) Salvage sales.--The Secretary may not
allow a salvage sale in the Scenic Recreation
Area.
(g) Withdrawal.--
(1) Subject to valid existing rights, all lands in
the Scenic Recreation Area are withdrawn from--
(i) any form of entry, appropriation, or
disposal under the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) disposition under the mineral and
geothermal leasing laws.
(h) Bornite Project.--
(1) Nothing in this title shall be construed to
interfere with or approve any exploration, mining, or
mining-related activity in the Bornite Project Area,
depicted on the map described in subsection 102(3),
conducted in accordance with applicable laws.
(2) Nothing in this title shall be construed to
interfere with the ability of the Secretary to approve
and issue, or deny, special use permits in connection
with exploration, mining, and mining-related activities
in the Bornite Project Area.
(3) Motorized vehicles, roads, structures, and
utilities (including but not limited to power lines and
water lines) may be allowed inside the Scenic
Recreation Area to serve the activities conducted on
land within the Bornite Project.
(4) After the date of enactment of this title, no
patent or claim shall be issued for any mining claim
under the general mining laws located within the
Bornite Project Area.
(i) Water Impoundments.--Notwithstanding the Federal
Power Act (16 U.S.C. 791a et seq.), the Federal Energy
Regulatory Commission may not license the construction of any
dam, water conduit, reservoir, powerhouse, transmission line,
or other project work in the Scenic Recreation Area, except as
may be necessary to comply with the provisions of subsection
105(h) with regard to the Bornite Project.
(j) Cultural and Historic Resource Inventory.--
(1) In general.--Not later than 1 year after the
date of establishment of the Scenic Recreation Area,
the Secretary shall review and revise the inventory of
the cultural and historic resources on the public land
in the Scenic Recreation Area developed pursuant to the
Oregon Wilderness Act of 1984 (Public Law 98-328; 16
U.S.C. 1132).
(2) Interpretation.--Interpretive activities shall
be developed under the management plan in consultation
with State and local historic preservation
organizations and shall include a balanced and factual
interpretation of the cultural, ecological, and
industrial history of forestry and mining in the Scenic
Recreation Area.
(k) Participation.--So that the knowledge, expertise, and
views of all agencies and groups may contribute affirmatively
to the most sensitive present and future use of the Scenic
Recreation Area and its various subareas for the benefit of the
public:
(1) Advisory council.--The Secretary shall consult
on a periodic and regular basis with the advisory
council established under section 106 with respect to
matters relating to management of the Scenic Recreation
Area.
(2) Public participation.--The Secretary shall seek
the views of private groups, individuals, and the
public concerning the Scenic Recreation Area.
(3) Other agencies.--The Secretary shall seek the
views and assistance of, and cooperate with, any other
Federal, State, or local agency with any responsibility
for the zoning, planning, or natural resources of the
Scenic Recreation Area.
(4) Nonprofit agencies and organizations.--The
Secretary shall seek the views of any nonprofit agency
or organization that may contribute information or
expertise about the resources and the management of the
Scenic Recreation Area.
SEC. 106. ADVISORY COUNCIL.
(a) Establishment.--Not later than 90 days after the
establishment of the Scenic Recreation Area, the Secretary
shall establish an advisory council for the Scenic Recreation
Area.
(b) Membership.--The advisory council shall consist of
not more than 13 members, of whom--
(1) 1 member shall represent Marion County, Oregon,
and shall be designated by the governing body of the
county;
(2) 1 member shall represent the State of Oregon
and shall be designated by the Governor of Oregon; and
(3) 1 member shall represent the city of Salem, and
shall be designated by the mayor of Salem, Oregon;
(4) 1 member from a city within a 25-mile radius of
the Opal Creek Scenic Recreation Area, to be designated
by the Governor of the State of Oregon from a list of
candidates provided by the mayors of the cities located
within a 25-mile radius of the Opal Creek Scenic
Recreation Area; and
(5) not more than 9 members shall be appointed by
the Secretary from among persons who, individually or
through association with a national or local
organization, have an interest in the administration of
the Scenic Recreation Area, including, but not limited
to, representatives of the timber industry,
environmental organizations, the mining industry,
inholders in the Opal Creek Wilderness and Scenic
Recreation Area, economic development interests and
Indian Tribes.
(c) Staggered Terms.--Members of the advisory council
shall serve for staggered terms of three years.
(d) Chairman.--The Secretary shall designate one member
of the advisory council as chairman.
(e) Vacancies.--The Secretary shall fill a vacancy on the
advisory council in the same manner as the original
appointment.
(f) Compensation.--Members of the advisory council shall
receive no compensation for service on the advisory council.
SEC. 107. GENERAL PROVISIONS.
(a) Land Acquisition.--
(1) In general.--Subject to the other provisions of
this title the Secretary may acquire any lands or
interests in land in the Scenic Recreation Area or the
Opal Creek Wilderness that the Secretary determines are
needed to carry out this title.
(2) Public land.--Any lands or interests in land
owned by a State or a political subdivision of a State
may be acquired only by donation or exchange.
(3) Condemnation.--Within the boundaries of the
Opal Creek Wilderness or the Scenic Recreation Area,
the Secretary may not acquire any privately owned land
or interest in land without the consent of the owner
unless the Secretary finds that--
(A) the nature of land use has changed
significantly, or the landowner has
demonstrated intent to change the land use
significantly, from the use that existed on the
date of the enactment of this title; and
(B) acquisition by the Secretary of the
land or interest in land is essential to ensure
use of the land or interest in land in
accordance with the purposes of this title or
the management plan prepared under section
105(b).
(4) Nothing in this title shall be construed to
enhance or diminish the condemnation authority
available to the Secretary outside the boundaries of
the Opal Creek Wilderness of the Scenic Recreation
Area.
(b) Environmental Response Actions and Cost Recovery.--
(1) Response actions.--Nothing in this title shall
limit the authority of the Secretary or a responsible
party to conduct an environmental response action in
the Scenic Recreation Area in connection with the
release, threatened release, or cleanup of a hazardous
substance, pollutant, or contaminant, including a
response action conducted under the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.c. 9601 et seq.).
(2) Liability.--Nothing in this title shall limit
the authority of the Secretary or a responsible party
to recover costs related to the release, threatened
release, or cleanup of any hazardous substance or
pollutant or contaminant in the Scenic Recreation Area.
(c) Maps and Description.--
(1) In general.--As soon as practicable after the
date of enactment of this title, the Secretary shall
file a map and a boundary description for the Opal
Creek Wilderness and for the Scenic Recreation Area
with the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
(2) Force and effect.--The boundary description and
map shall have the same force and effect as if the
description and map were included in this title, except
that the Secretary may correct clerical and
typographical errors in the boundary description and
map.
(3) Availability.--The map and boundary description
shall be on file and available for public inspection in
the Office of the Chief of the Forest Service,
Department of Agriculture.
(d) Nothing in this title shall interfere with any
activity for which a special use permit has been issued, has
not been revoked, and has not expired, before the date of
enactment of this title, subject to the terms of the permit.
SEC. 108. ROSBORO LAND EXCHANGE.
(a) Authorization.--Notwithstanding any other law, if the
Rosboro Lumber Company (referred to in this section as
``Rosboro'') offers and conveys marketable title to the United
States to the land described in subsection (b), the Secretary
of Agriculture shall convey all right, title and interest held
by the United States to sufficient lands described in
subsection (c) to Rosboro, in the order in which they appear in
subsection (c), as necessary to satisfy the equal value
requirements of subsection (d).
(b) Land to be Offered by Rosboro.--The land referred to
in subsection (a) as the land to be offered by Rosboro shall
comprise Section 36, Township 8 South, range 4 east, Willamette
Meridian.
(c) Land To Be Conveyed by the United States.--The land
referred to in subsection (a) as the land to be conveyed by the
United States shall comprise sufficient land from the following
prioritized list to be of equal value under subparagraph (d):
(1) Section 5, Township 17 South, Range 4 East, Lot
7 (37.63 acres).
(2) Section 2, Township 17 South, Range 4 East, Lot
3 (29.28 acres).
(3) Section 13, Township 17 South, Range 4 East,
S\1/2\ SE\1/4\ (80 acres).
(4) Section 2, Township 17 South, Range 4 East,
SW\1/4\ SW\1/4\ (40 acres).
(5) Section 2, Township 17 South, Range 4 East,
NW\1/4\ SE\1/4\ (40 acres).
(6) Section 8, Township 17 South, Range 4 East,
SE\1/4\ SW\1/4\ (40 acres).
(7) Section 11, Township 17 South, Range 4 East,
W\1/2\ NW\1/4\ (80 acres).
(d) Equal Value.--The land and interests in land
exchanged under this section shall be of equal market value as
determined by nationally recognized appraisal standards,
including, to the extent appropriate, the Uniform Standards for
Federal Land Acquisition, the Uniform Standards of Professional
Appraisal Practice, or shall be equalized by way of payment of
cash pursuant to the provisions of section 206(d) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(d)), and other applicable law. The appraisal shall
consider access costs for the parcels involved.
(c) Timetable.--
(1) The exchange directed by this section shall be
consummated not later than 120 days after the date
Rosboro offers and conveys the property described in
subsection (b) to the United States.
(2) The authority provided by this section shall
lapse if Rosboro fails to offer the land described in
subsection (b) within two years after the date of
enactment of this title.
(f) Rosboro shall have the right to challenge in United
States District Court for the District of Oregon a
determination of marketability under subsection (a) and a
determination of value for the lands described in subsections
(b) and (c) by the Secretary of Agriculture. The Court shall
have the authority to order the Secretary to complete the
transaction contemplated in this Section.
(g) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.
SEC. 109. DESIGNATION OF ELKHORN CREEK AS A WILD AND SCENIC RIVER.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
``( ) (A) Elkhorn creek.--The 6.4 mile segment traversing
federally administered lands from that point along the
Willamette National Forest boundary on the common section line
between Sections 12 and 13, Township 9 South, Range 4 East,
Willamette Meridian, to that point where the segment leaves
federal ownership along the Bureau of Land Management boundary
in Section 1, Township 9 South, Range 3 East, Willamette
Meridian, in the following classes:
``(i) a 5.8-mile wild river area, extending from
that point along the Willamette National Forest
boundary on the common section line between Sections 12
and 13, Township 9 South, Range 4 East, Willamette
Meridian, to its confluence with Buck Creek in Section
1, Township 9 South, Range 3 East, Willamette Meridian,
to be administered as agreed on by the Secretaries of
Agriculture and the Interior, or as directed by the
President; and
``(ii) a 0.6-mile scenic river area, extending from
the confluence with Buck Creek in Section 1, Township 9
South, Range 3 East, Willamette Meridian, to that point
where the segment leaves federal ownership along the
Bureau of Land Management boundary in Section 1,
Township 9 South, Range 3 East, Willamette Meridian, to
be administered by the Secretary of Interior, or as
directed by the President.
``(B) Notwithstanding section 3(b) of this
Act, the lateral boundaries of both the wild
river area and the scenic river area along
Elkhorn Creek shall include an average of not
more than 640 acres per mile measured from the
ordinary high water mark on both sides of the
river.''
SEC. 110. ECONOMIC DEVELOPMENT.
(a) Economic Development Plan.--As a condition for
receiving funding under subsection (b) of this section, the
State of Oregon, in consultation with Marion County and the
Secretary of Agriculture, shall develop a plan for economic
development projects for which grants under this section may be
used in a manner consistent with this title and to benefit
local communities in the vicinity of the Opal Creek area. Such
plan shall be based on an economic opportunity study and other
appropriate information.
(b) Funds Provided to the States for Grants.--Upon
completion of the Opal Creek Management Plan, and receipt of
the plan referred to in subsection (a) of this section, the
Secretary shall provide, subject to appropriations,
$15,000,000, to the State of Oregon. Such funds shall be used
to make grants or loans for economic development projects that
further the purposes of this title and benefit the local
communities in the vicinity of Opal Creek.
(c) Report.--The State of Oregon shall--
(1) prepare and provide the Secretary and Congress
with an annual report on the use of the funds made
available under this section;
(2) make available to the Secretary and to
Congress, upon request, all accounts, financial
records, and other information related to grants and
loans made available pursuant to this section; and
(3) as loans are repaid, make additional grants and
loans with the money made available for obligation by
such repayments.
TITLE II--UPPER KLAMATH BASIN
SEC. 201. UPPER KLAMATH BASIN ECOLOGICAL RESTORATION PROJECTS.
(a) Definitions.--In this section:
(1) Ecosystem restoration office.--The term
``Ecosystem Restoration Office'' means the Klamath
Basin Ecosystem Restoration Office operated
cooperatively by the United States Fish and Wildlife
Service, Bureau of Reclamation, Bureau of Land
Management, and Forest Service.
(2) Working group.--The term ``Working Group''
means the Upper Klamath Basin Working Group,
established before the date of enactment of this title,
consisting of members nominated by their represented
groups, including:
(A) 3 tribal members;
(B) 1 representative of the city of Klamath
Falls, Oregon;
(C) 1 representative of Klamath County,
Oregon;
(D) 1 representative of institutions of
higher education in the Upper Klamath Basin;
(E) 4 representatives of the environmental
community, including at least one such
representative from the State of California
with interests in the Klamath Basin National
Wildlife Refuge Complex.
(F) 4 representatives of local businesses
and industries, including at least one
representative of the wood products industry
and one representative of the ocean commercial
fishing industry and/or recreational fishing
industry based in either Oregon or California;
(G) 4 representatives of the ranching and
farming community, including representatives of
Federal lease-land farmers and ranchers and of
private land farmers and ranchers in the Upper
Klamath Basin;
(H) 2 representatives from State of Oregon
agencies with authority and responsibility in
the Klamath River Basin, including one from the
Oregon Department of Fish and Wildlife and one
from the Oregon Water Resources Department;
(I) 4 representatives from the local
community;
(J) 1 representative each from the
following Federal resource management agencies
in the Upper Klamath Basin: Fish and Wildlife
Service, Bureau of Reclamation, Bureau of Land
Management, Bureau of Indian Affairs, Forest
Service, Natural Resources Conservation
Service, National Marine Fisheries Service and
Ecosystem Restoration Office; and
(K) 1 representative of the Klamath County
Soil and Water Conservation District.
(3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(4) Task force.--The term ``Task Force'' means the
Klamath River Basin Fisheries Task Force as established
by the Klamath River Basin Fishery Resource Restoration
Act (Public Law 99-552, 16 U.S.C. 460ss-3, et seq.).
(5) Compact commission.--The term ``Compact
Commission'' means the Klamath River Basin Compact
Commission created pursuant to the Klamath River
Compact Act of 1954.
(6) Consensus.--The term ``consensus'' means an
unanimous agreement by the Working Group members
present and consisting of at least a quorum at a
regularly scheduled business meeting.
(7) Quorum.--The term ``quorum'' means one more
than half of those qualified Working Group members
appointed and eligible to serve.
(8) Trinity task force.--The term ``Trinity Task
Force'' means the Trinity River Restoration Task Force
created by Public Law 98-541, as amended by Public Law
104-143.
(b) In General.--
(1) The Working Group through the Ecosystem
Restoration Office, with technical assistance from the
Secretary, will propose ecological restoration
projects, economic development and stability projects,
and projects designed to reduce the impacts of drought
conditions to be undertaken in the Upper Klamath Basin
based on a consensus of the Working Group membership.
(2) The Secretary shall pay, to the greatest extent
feasible, up to 50 percent of the cost of performing
any project approved by the Secretary or his designee,
up to a total amount of $1,000,000 during each of
fiscal years 1997 through 2001.
(3) Funds made available under this title through
the Department of the Interior or the Department of
Agriculture shall be distributed through the Ecosystem
Restoration Office.
(4) The Ecosystem Restoration Office may utilize
not more than 15 percent of all Federal funds
administered under this section for administrative
costs relating to the implementation of this title.
(5) All funding recommendations developed by the
Working Group shall be based on a consensus of Working
Group members.
(c) Coordination.--
(1) The Secretary shall formulate a cooperative
agreement among the Working Group, the Task Force, the
Trinity Task Force and the Compact Commission for the
purposes of ensuring that projects proposed and funded
through the Working Group are consistent with other
basin-wide fish and wildlife restoration and
conservation plans, including but not limited to plans
developed by the Task Force and the Compact Commission.
(2) To the greatest extent practicable, the Working
Group shall provide notice to, and accept input from,
two members each of the Task Force, the Trinity Task
Force, and the Compact Commission, so appointed by
those entities, for the express purpose of facilitating
better communication and coordination regarding
additional basin-wide fish and wildlife and ecosystem
restoration and planning efforts. The roles and
relationships of the entities involved shall be
clarified in the cooperative agreement.
(d) Public Meetings.--The Working Group shall conduct all
meetings subject to applicable open meeting and public
participation laws. The chartering requirements of 5 U.S.C. App
2 ss 1-15 are hereby deemed to have been met by this section.
(e) Terms and Vacancies.--Working Group members shall
serve for 3-year terms, beginning on the date of enactment of
this title. Vacancies which occur for any reason after the date
of enactment of this title shall be filled by direct
appointment of the governor of the State of Oregon, in
consultation with the Secretary of the Interior and the
Secretary of Agriculture, in accordance with nominations from
the appropriate groups, interests, and government agencies
outlined in subsection (a)(2).
(f) Rights, Duties and Authorities Unaffected.--The
Working Group will supplement, rather than replace, existing
efforts to manage the natural resources of the Klamath Basin.
Nothing in this title affects any legal right, duty or
authority of any person or agency, including any member of the
working group.
(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this title
$1,000,000 for each of fiscal years 1997 through 2002.
TITLE III--DESCHUTES BASIN
SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.
(a) Definitions.--In this section:
(1) Working group.--The term ``Working Group''
means the Deschutes River Basin Working Group
established before the date of enactment of this title,
consisting of members nominated by their represented
groups, including:
(A) 5 representatives of private interests
including one each from hydroelectric
production, livestock grazing, timber, land
development, and recreation/tourism;
(B) 4 representatives of private interests
including two each from irrigated agriculture
and the environmental community;
(C) 2 representatives from the Confederated
Tribes of the Warm Springs Reservation of
Oregon;
(D) 2 representatives from Federal agencies
with authority and responsibility in the
Deschutes River Basin, including one from the
Department of the Interior and one from the
Agriculture Department;
(E) 2 representatives from the State of
Oregon agencies with authority and
responsibility in the Deschutes River Basin,
including one from the Oregon Department of
Fish and Wildlife and one from the Oregon Water
Resources Department; and
(F) 4 representatives from county or city
governments within the Deschutes River Basin
county and/or city governments.
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(3) Federal agencies.--The term ``Federal
agencies'' means agencies and departments of the United
States, including, but not limited to, the Bureau of
Reclamation, Bureau of Indian Affairs, Bureau of Land
Management, Fish and Wildlife Service, Forest Service,
Natural Resources Conservation Service, Farm Services
Agency, the National Marine Fisheries Service, and the
Bonneville Power Administration.
(4) Consensus.--The term ``consensus'' means a
unanimous agreement by the Working Group members
present and constituting at least a quorum at a
regularly scheduled business meeting.
(5) Quorum.--The term ``quorum'' means one more
than half of those qualified Working Group members
appointed and eligible to serve.
(b) In General.--
(1) The Working Group will propose ecological
restoration projects on both Federal and non-Federal
lands and waters to be undertaken in the Deschutes
River Basin based on a consensus of the Working Group,
provided that such projects, when involving Federal
land or funds, shall be proposed to the Bureau of
Reclamation in the Department of the Interior and any
other Federal agency with affected land or funds.
(2) The Working Group will accept donations, grants
or other funds and place such funds received into a
trust fund, to be expended on ecological restoration
projects which, when involving Federal land or funds,
are approved by the affected Federal agency.
(3) The Bureau of Reclamation shall pay from funds
authorized under subsection (h) of this title up to 50
percent of the cost of performing any project proposed
by the Working Group and approved by the Secretary, up
to a total amount of $1,000,000 during each of the
fiscal years 1997 through 2001.
(4) Non-Federal contributions to project costs for
purposes of computing the Federal matching share under
paragraph (3) of this subsection may include in-kind
contributions.
(5) Funds authorized in subsection (h) of this
title shall be maintained in and distributed by the
Bureau of Reclamation in the Department of the
Interior. The Bureau of Reclamation shall not expend
more than 5 percent of amounts appropriated pursuant to
subsection (h) for Federal administration of such
appropriations pursuant to this title.
(6) The Bureau of Reclamation is authorized to
provide by grant to the Working Group not more than 5
percent of funds appropriated pursuant to subsection
(h) of this title for not more than 50 percent of
administrative costs relating to the implementation of
this title.
(7) The Federal agencies with authority and
responsibility in the Deschutes River Basin shall
provide technical assistance to the Working Group and
shall designate representatives to serve as members of
the Working Group.
(8) All funding recommendations developed by the
Working Group shall be based on a consensus of the
Working Group members.
(c) Public Notice and Participation.--The Working Group
shall conduct all meetings subject to applicable open meeting
and public participation laws. The chartering requirements of 5
U.S.C. App 2 ss 1-15 are hereby deemed to have been met by this
section.
(d) Priorities.--The Working Group shall give priority to
voluntary market-based economic incentives for ecosystem
restoration including, but not limited to, water leases and
purchases; land leases and purchases; tradable discharge
permits; and acquisition of timber, grazing, and land
development rights to implement plans, programs, measures, and
projects.
(e) Terms and Vacancies.--Members of the Working Group
representing governmental agencies or entities shall be named
by the represented government agency. Members of the Working
Group representing private interests shall be named in
accordance with the articles of incorporation and bylaws of the
Working Group. Representatives from Federal agencies will serve
for terms of 3 years. Vacancies which occur for any reason
after the date of enactment of this title shall be filled in
accordance with this title.
(f) Additional Projects.--Where existing authority and
appropriations permit, Federal agencies may contribute to the
implementation of projects recommended by the Working Group and
approved by the Secretary.
(g) Rights, Duties and Authorities Unaffected.--The
Working Group will supplement, rather than replace, existing
efforts to manage the natural resources of the Deschutes Basin.
Nothing in this title affects any legal right, duty or
authority of any person or agency, including any member of the
working group.
(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this title
$1,000,000 for each of fiscal years 1997 through 2001.
TITLE IV--MOUNT HOOD CORRIDOR
SEC. 401. LAND EXCHANGE.
(a) Authorization.--Notwithstanding any other law, if
Longview Fibre Company (referred to in this section as
``Longview'') offers and conveys title that is acceptable to
the United States to some or all of the land described in
subsection (b), the Secretary of the Interior (referred to in
this section as the ``Secretary'') shall convey to Longview
title to some or all of the land described in subsection (c),
as necessary to satisfy the requirements of subsection (d).
(b) Land To Be Offered by Longview.--The land referred to
in subsection (a) as the land to be offered by Longview are
those lands depicted on the map entitled ``Mt. Hood Corridor
Land Exchange Map'', dated July 18, 1996.
(c) Land To Be Conveyed by the Secretary.--The land
referred to in subsection (a) as the land to be conveyed by the
Secretary are those lands depicted on the map entitled ``Mt.
Hood Corridor Land Exchange Map'', dated July 18, 1996.
(d) Equal Value.--The land and interests in land
exchanged under this section shall be of equal market value as
determined by nationally recognized appraisal standards,
including, to the extent appropriate, the Uniform Standards for
Federal Land Acquisition, the Uniform Standards of Professional
Appraisal Practice, or shall be equalized by way of payment of
cash pursuant to the provisions of section 206(d) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(d)), and other applicable law.
(e) Redesignation of Land To Maintain Revenue Flow.--So
as to maintain the current flow of revenue from land subject to
the Act entitled ``An Act relating to the revested Oregon and
California Railroad and reconveyed Coos Bay Wagon Road grant
land situated in the State of Oregon'', approved August 28,
1937 (43 U.S.C. 1181a et seq.), the Secretary may redesignate
public domain land located in and west of Range 9 East,
Willamette Meridian, Oregon, as land subject to that Act.
(f) Timetable.--The exchange directed by this section
shall be consummated not later than 1 year after the date of
enactment of this title.
(g) Withdrawal of Lands.--All lands managed by the
Department of the Interior, Bureau of Land Management, located
in Townships 2 and 3 South, Ranges 6 and 7 East, Willamette
Meridian, which can be seen from the right-of-way of U.S.
Highway 26 (in this section, such lands are referred to as the
``Mt. Hood Corridor Lands''), shall be managed primarily for
the protection or enhancement of scenic qualities. Management
prescriptions for other resource values associated with these
lands shall be planned and conducted for purposes other than
timber harvest, so as not to impair the scenic qualities of the
area.
(h) Timber Cutting.--Timber cutting may be conducted on
Mt. Hood Corridor Lands following a resource-damaging
catastrophic event. Such cutting may only be conducted to
achieve the following resource management objectives, in
compliance with the current land use plans--
(1) to maintain safe conditions for the visiting
public;
(2) to control the continued spread of forest fire;
(3) for activities related to administration of the
Mt. Hood Corridor Lands; or
(4) for removal of hazard trees along trails and
roadways.
(i) Road Closure.--The forest road gate located on Forest
Service Road 2503, located in T. 2 S., R. 6 E., sec. 14, shall
remain closed and locked to protect resources and prevent
illegal dumping and vandalism. Access to this road shall be
limited to--
(1) Federal and State officers and employees acting
in an official capacity;
(2) employees and contractors conducting authorized
activities associated with the telecommunication sites
located in T. 2 S., R. 6 E., sec. 14; and
(3) the general public for recreational purposes,
except that all motorized vehicles will be prohibited.
(j) NEPA Exemption.--The National Environmental Policy
Act of 1969 (P.L. 91-190) shall not apply to this section for
one year after the date of enactment of this title.
(k) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.
TITLE V--COQUILLE TRIBAL FOREST
SEC. 501. CREATION OF THE COQUILLE FOREST.
(a) The Coquille Restoration Act (P.L. 101-42) is amended
by inserting at the end of section 5 the following:
``(d) Creation of the Coquille Forest.--
``(1) Definitions.--In this subsection:
``(A) the term `Coquille Forest' means
certain lands in Coos County, Oregon,
comprising approximately 5,400 acres, as
generally depicted on the map entitled
`Coquille Forest Proposal', dated July 8, 1996.
``(B) the term `Secretary' means the
Secretary of the Interior.
``(C) the term `the Tribe' means the
Coquille Tribe of Coos County, Oregon.
``(2) Map.--The map described in subparagraph
(d)(1)(A), and such additional legal descriptions which
are applicable, shall be placed on file at the local
District Office of the Bureau of Land Management, the
Agency Office of the Bureau of Indian Affairs, and with
the Senate Committee on Energy and Natural Resources
and the House Committee on Resources.
``(3) Interim period.--From the date of enactment
of this subsection until two years after the date of
enactment of this subsection, the Bureau of Land
Management shall:
``(A) retain Federal jurisdiction for the
management of lands designated under this
subsection as the Coquille Forest and continue
to distribute revenues from such lands in a
manner consistent with existing law; and,
``(B) prior to advertising, offering or
awarding any timber sale contract on lands
designated under this subsection as the
Coquille Forest, obtain the approval of the
Assistant Secretary for Indian Affairs, acting
on behalf of and in consultation with the
Tribe.
(4) Transition planning and designation.--
``(A) During the two year interim period
provided for in paragraph (3), the Assistant
Secretary for Indian Affairs, acting on behalf
of and in consultation with the Tribe, is
authorized to initiate development of a forest
management plan for the Coquille Forest to the
Assistant Secretary for Indian Affairs.
``(B) Two years after the date of enactment
of this subsection, the Secretary shall take
the lands identified under subparagraph
(d)(1)(A) into trust, and shall hold such lands
in trust, in perpetuity, for the Coquille
Tribe. Such lands shall be thereafter
designated as the Coquille Forest.
``(C) So as to maintain the current flow of
revenue from land subject to the Act entitled
`An Act relating to the revested Oregon and
California Railroad and reconveyed Coos Bay
Wagon Road grant land situated in the State of
Oregon' (the O&C; Act), approved August 28, 1937
(43 U.S.C. 1181a et seq.), the Secretary shall
redesignate, from public domain lands within
the tribe's service area, as defined in this
Act, certain lands to be subject to the O&C;
Act. Lands redesignated under this subparagraph
shall not exceed lands sufficient to constitute
equivalent timber value as compared to lands
constituting the Coquille Forest.
``(5) Management.--The Secretary of Interior,
acting through the Assistant Secretary for Indian
Affairs, shall manage the Coquille Forest under
applicable State and Federal forestry and environmental
protection laws, and subject to critical habitat
designations under the Endangered Species Act, and
subject to the standards and guidelines of Federal
forest plans on adjacent or nearby Federal lands, now
and in the future. The Secretary shall otherwise manage
the Coquille Forest in accordance with the laws
pertaining to the management of Indian Trust lands and
shall distribute revenues in accord with Public Law
101-630, 25 U.S.C. 3107.
``(A) Unprocessed logs harvested from the
Coquille Forest shall be subject to the same
Federal statutory restrictions on export to
foreign nations that apply to unprocessed logs
harvested from Federal lands.
``(B) Notwithstanding any other provision
of law, all sales of timber from land subject
to this subsection shall be advertised, offered
and awarded according to competitive bidding
practices, with sales being awarded to the
highest responsible bidder.
``(6) Indian self determination act agreement.--No
sooner than two years after the date of enactment of
this subsection, the Secretary may, upon a satisfactory
showing of management competence and pursuant to the
Indian Self-Determination Act (25 U.S.C. 450 et seq.),
enter into a binding Indian self-determination
agreement (agreement) with the Coquille Indian Tribe.
Such agreement may provide for the tribe to carry out
all or a portion of the forest management for the
Coquille Forest.
``(A) Prior to entering such an agreement,
and as a condition of maintaining such an
agreement, the Secretary must find that the
Coquille Tribe has entered into a binding
memorandum of agreement (MOA) with the State of
Oregon, as required under paragraph 7.
``(B) The authority of the Secretary to
rescind the Indian self-determination agreement
shall not be encumbered.
``(i) The Secretary shall rescind
the agreement upon a demonstration that
the tribe and the State of Oregon are
no longer engaged in a memorandum of
agreement as required under paragraph
7.
``(ii) The Secretary may rescind
the agreement on a showing that the
Tribe has managed the Coquille Forest
in a manner inconsistent with this
subsection, or the Tribe is no longer
managing, or capable of managing, the
Coquille Forest in a manner consistent
with this subsection.
``(7) Memorandum of agreement.--The Coquille Tribe
shall enter into a memorandum of agreement (MOA) with
the State of Oregon relating to the establishment and
management of the Coquille Forest. The MOA shall
include, but not be limited to, the terms and
conditions for managing the Coquille Forest in a manner
consistent with paragraph (5) of this subsection,
preserving public access, advancing jointly-held
resource management goals, achieving tribal restoration
objectives and establishing a coordinated management
framework. Further, provisions set forth in the MOA
shall be consistent with federal trust responsibility
requirements applicable to Indian trust lands and
paragraph (5) of this subsection.
``(8) Public access.--The Coquille Forest shall
remain open to public access for purposes of hunting,
fishing, recreation and transportation, except when
closure is required by state or federal law, or when
the Coquille Indian Tribe and the State of Oregon agree
in writing that restrictions on access are necessary or
appropriate to prevent harm to natural resources,
cultural resources or environmental quality; Provided,
That the State of Oregon's agreement shall not be
required when immediate action is necessary to protect
archaeological resources.
``(9) Jurisdiction.--
``(A) The United States District Court for
the District of Oregon shall have jurisdiction
over actions against the Secretary arising out
of claims that this subsection has been
violated. Consistent with existing precedents
on standing to sue, any affected citizen may
bring suit against the Secretary for violations
of this subsection, except that suit may not be
brought against the Secretary for claims that
the MOA has been violated. The Court has the
authority to hold unlawful and set aside
actions pursuant to this subsection that are
arbitrary and capricious, an abuse of
discretion, or otherwise an abuse of law.
``(B) The United States District Court for
the District of Oregon shall have jurisdiction
over actions between the State of Oregon and
the Tribe arising out of claims of breach of
the MOA.
``(C) Unless otherwise provided for by law,
remedies available under this subsection shall
be limited to equitable relief and shall not
include damages.
``(10) State regulatory and civil jurisdiction.--In
addition to the jurisdiction described in paragraph 7
of this subsection, the State of Oregon may exercise
exclusive regulatory civil jurisdiction, including but
not limited to adoption and enforcement of
administrative rules and orders, over the following
subjects:
``(A) management, allocation and
administration of fish and wildlife resources,
including but not limited to establishment and
enforcement of hunting and fishing seasons, bag
limits, limits on equipment and methods,
issuance of permits and licenses, and approval
or disapproval of hatcheries, game farms, and
other breeding facilities; Provided, That
nothing herein shall be construed to permit the
State of Oregon to manage fish or wildlife
habitat on Coquille Forest lands;
``(B) allocation and administration of
water rights, appropriation of water and use of
water;
``(C) regulation of boating activities,
including equipment and registration
requirements, and protection of the public's
right to use the waterways for purposes of
boating or other navigation;
``(D) fills and removals from waters of the
State, as defined in Oregon law;
``(E) protection and management of the
State's proprietary interests in the beds and
banks of navigable waterways;
``(F) regulation of mining, mine
reclamation activities, and exploration and
drilling for oil and gas deposits;
``(G) regulation of water quality, air
quality (including smoke management), solid and
hazardous waste, and remediation of releases of
hazardous substances;
``(H) regulation of the use of herbicides
and pesticides; and
``(I) enforcement of public health and
safety standards, including standards for the
protection of workers, well construction and
codes governing the construction of bridges,
buildings, and other structures.
``(II) Savings clause, state authority.--
``(A) Nothing in this subsection shall be
construed to grant tribal authority over
private or State-owned lands.
``(B) To the extend that the State of
Oregon is regulating the foregoing areas
pursuant to a delegated Federal authority or a
Federal program, nothing in this subsection
shall be construed to enlarge or diminish the
State's authority under such law.
``(C) Where both the State of Oregon and
the United States are regulating, nothing
herein shall be construed to alter their
respective authorities.
``(D) To the extent that Federal law
authorizes the Coquille Indian Tribe to assume
regulatory authority over an area, nothing
herein shall be construed to enlarge or
diminish the tribe's authority to do so under
such law.
``(E) Unless and except to the extent that
the tribe has assumed jurisdiction over the
Coquille Forest pursuant to Federal law, or
otherwise with the consent of the State, the
State of Oregon shall have jurisdiction and
authority to enforce its laws addressing the
subjects listed in subparagraph 10 of this
subsection on the Coquille Forest against the
Coquille Indian Tribe, its members and all
other persons and entities, in the same manner
and with the same remedies and protections and
appeal rights as otherwise provided by general
Oregon law. Where the State of Oregon and
Coquille Indian Tribe agree regarding the
exercise of tribal civil regulatory
jurisdiction over activities on the Coquille
Forest lands, the tribe may exercise such
jurisdiction as it agreed upon.
``(12) In the event of a conflict between Federal
and State law under this subsection, Federal law shall
control.''
TITLE VI--BULL RUN WATERSHED PROTECTION
Sec. 601. The first sentence of section 2(a) of Public
Law 95-200 is amended after ``referred to in this subsection
(a)'' by striking ``2(b)'' and inserting in lieu thereof
``2(c)''.
Sec. 602. The first sentence of section 2(b) of Public
Law 95-200 is amended after ``the policy set forth in
subsection (a)'' by inserting ``and (b)''.
Sec. 603. Section 2(b) of Public Law 95-200 is redesigned
as ``2(c)''.
Sec. 604 (a) Public Law 95-200 is amended by adding a new
subsection 2(b) immediately after subsection 2(a), as follows:
``(b) Timber Cutting.--
(1) In general.--Subject to paragraph (2), the
Secretary of Agriculture shall prohibit the cutting of
trees in that part of the unit consisting of the
hydrographic boundary of the Bull Run River Drainage,
including certain lands within the unit and located
below the headworks of the city of Portland, Oregon's
water storage and delivery project, and as depicted in
a map dated July 22, 1996 and entitled ``Bull Run River
Drainage''.
(2) Permitted cutting.--
(A) In general.--Subject to subparagraph
(B), the Secretary of Agriculture shall
prohibit the cutting of trees in the area
described in paragraph (1).
(B) Permitted cutting.--Subject to
subparagraph (C), the Secretary may only allow
the cutting of trees in the area described in
paragraph (1)--
(i) for the protection or
enhancement of water quality in the
area described in paragraph (1); or
(ii) for the protection,
enhancement, or maintenance of water
quantity available from the area
described in paragraph (1); or
(iii) for the construction,
expansion, protection or maintenance of
municipal water supply facilities; or
(iv) for the construction,
expansion, protection or maintenance of
facilities for the transmission of
energy through and over the unit or
previously authorized hydroelectric
facilities or hydroelectric projects
associated with municipal water supply
facilities.
(C) Salvage sales.--The Secretary of
Agriculture may not authorize a salvage sale in
the area described in paragraph (1).''
(b) Redesignate subsequent subsections of Public Law 95-
200 accordingly.
SEC. 605. REPORT TO CONGRESS.
(a) The Secretary of Agriculture shall, in consultation
with the city of Portland and other affected parties, undertake
a study of that part of the Little Sandy Watershed that is
within the unit (hereinafter referred to as the ``study
area''), as depicted on the map described in section 604 of
this title.
(b) The study referred to in (a) shall determine--
(1) the impact of management activities within the
study area on the quality of drinking water provided to
the Portland Metropolitan area;
(2) the identify and location of certain ecological
features within the study area, including late
successional forest characteristics, aquatic and
terrestrial wildlife habitat, significant hydrological
values, or other outstanding natural features; and
(3) the location and extent of any significant
cultural or other values within the study area.
(c) The study referred to in subsection (a) shall include
both legislative and regulatory recommendations to Congress on
the future management of the study area. In formulating such
recommendations, the Secretary shall consult with the city of
Portland and other affected parties.
(d) To the greatest extent possible, the Secretary shall
use existing data and processes to carry out this study and
report.
(e) The study referred to in subsection (a) shall be
submitted to the Senate Committees on Energy and Natural
Resources and Agriculture and the House Committees on Resources
and Agriculture not later than one year from the date of
enactment of this section.
(f) The Secretary is prohibited from advertising,
offering or awarding any timber sale within the study area for
a period of two years after the date of enactment of this
section.
(g) Nothing in this section shall in any way affect any
State or Federal law governing appropriation, use of or Federal
right to water on flowing through National Forest System lands.
Nothing in this section is intended to influence the relative
strength of competing claims to the waters of the Little Sandy
River. Nothing in this section shall be construed to expand or
diminish Federal, State, or local jurisdiction, responsibility,
interests, or rights in water resources development or control,
including rights in and current uses of water resources in the
unit.
Sec. 606. Lands within the Bull Run Management Unit, as
defined in Public Law 95-200, but not contained within the Bull
Run River Drainage, as defined by this title and as depicted on
the map dated July 1996 described in Section 604 of this title,
shall continue to be managed in accordance with Public Law 95-
200.
TITLE VII--OREGON ISLANDS WILDERNESS, ADDITIONS
SEC. 701. OREGON ISLANDS WILDERNESS, ADDITIONS.
(a) In furtherance of the purposes of the Wilderness Act
of 1964, certain lands within the boundaries of the Oregon
Islands National Wildlife Refuge, Oregon, comprising
approximately ninety-five acres and as generally depicted on a
map entitled ``Oregon Island Wilderness Additions--Proposed''
dated August 1996, are hereby designated as wilderness. The map
shall be on file and available for public inspection in the
offices of the Fish and Wildlife Service, Department of the
Interior.
(b) All other federally owned named, unnamed, surveyed
and unsurveyed rocks, reefs, islets and islands lying within
three goegraphic miles off the coast of Oregon and above mean
high tide, not currently designated as wilderness and also
within the Oregon Islands National Wildlife Refuge boundaries
under the administration of the United States Fish and Wildlife
Service, Department of the Interior, as designated by Executive
Order 7035, Proclamation 2416, Public Land Orders 4395, 4475
and 6287, and Public Laws 91-504 and 95-450, are hereby
designated as wilderness.
(c) All federally owned named, unnamed, surveyed and
unsurveyed rocks, reefs, islets and islands lying within three
geographic miles off the coast of Oregon and above mean high
tide, and presently under the jurisdiction of the Bureau of
Land Management, except Chiefs Island, are hereby designated as
wilderness, shall become part of the Oregon Islands National
Wildlife Refuge and the Oregon Island Wilderness and shall be
under the jurisdiction of the United States Fish and Wildlife
Service, Department of the Interior.
(d) As soon as practicable after this title takes effect,
a map of the wilderness area and a description of its
boundaries shall be filed with the Senate Committee on Energy
and Natural Resources and the House Committee on Resources, and
such map shall have the same force and effect as if included in
this title: Provided, however, That correcting clerical and
typographical errors in the map and land descriptions may be
made.
(e) Public Land Order 6287 of June 16, 1982, which
withdrew certain rocks, reefs, islets and islands lying within
three geographical miles off the coast of Oregon and above mean
high tide, including the ninety-five acres described in
subsection (a), as an addition to the Oregon Islands National
Wildlife Refuge is hereby made permanent.
TITLE VIII--UMPQUA RIVER LAND EXCHANGE STUDY
SEC. 801. UMPQUA RIVER LAND EXCHANGE STUDY: POLICY AND DIRECTION.
(a) In General.--The Secretaries of the Interior and
Agriculture (Secretaries) are hereby authorized and directed to
consult, coordinate, and cooperate with the Umpqua Land
Exchange Project (ULEP), affected units and agencies of State
and local government, and, as appropriate, the World Forestry
Center and National Fish and Wildlife Foundation, to assist
ULEP's ongoing efforts in studying and analyzing land exchange
opportunities in the Umpqua River Basin and to provide
scientific, technical, research, mapping and other assistance
and information to such entities. Such consultation,
coordination, and cooperation shall at a minimum include, but
not be limited to:
(1) working with ULEP to develop or assemble
comprehensive scientific and other information
(including comprehensive and integrated mapping)
concerning the Umpqua River Basin's resources of
forest, plants, wildlife, fisheries (anadromous and
other), recreational opportunities, wetlands, riparian
habitat, and other physical or natural resources;
(2) working with ULEP to identify general or
specific areas within the basin where land exchanges
could promote consolidation of forestland ownership for
long-term, sustained timber production; protection and
restoration of habitat for plants, fish, and wildlife
(including any federally listed threatened or
endangered species); protection of drinking water
supplies; recovery of threatened and endangered
species; protection and restoration of wetlands,
riparian lands, and other environmentally sensitive
areas; consolidation of land ownership for improved
public access and a broad array of recreational uses;
and consolidation of land ownership to achieve
management efficiency and reduced costs of
administration; and
(3) developing a joint report for submission to the
Congress which discusses land exchange opportunities in
the basin and outlines either a specific land exchange
proposal or proposals which may merit consideration by
the Secretaries or the Congress, or ideas and
recommendations for new authorizations, direction, or
changes in existing law or policy to expedite and
facilitate the consummation of beneficial land
exchanges in the basin via administrative means.
(b) Matters for Specific Study.--In analyzing land
exchange opportunities with ULEP, the Secretaries shall give
priority to assisting ULEP's ongoing efforts in:
(1) studying, identifying, and mapping areas where
the consolidation of land ownership via land exchanges
could promote the goals of long term species and
watershed protection and utilization, including but not
limited to the goals of the Endangered Species Act of
1973 more effectively than current land ownership
patterns and whether any changes in law or policy
applicable to such lands after consummation of an
exchange would be advisable or necessary to achieve
such goals;
(2) studying, identifying and mapping areas where
land exchanges might be utilized to better satisfy the
goals of sustainable timber harvest, including studying
whether changes in existing law or policy applicable to
such lands after consummation of an exchange would be
advisable or necessary to achieve such goals;
(3) identifying issues and studying options and
alternatives, including possible changes in existing
law or policy, to insure that combined post-exchange
revenues to units of local government from State and
local property, severance, and other taxes or levies
and shared Federal land receipts will approximate pre-
exchange revenues;
(4) identifying issues and studying whether
possible changes in law, special appraisal instruction,
or changes in certain Federal appraisal procedures
might be advisable or necessary to facilitate the
appraisal of potential exchange lands which may have
special characteristics or restrictions affecting land
values;
(5) identifying issues and studying options and
alternatives, including changes in existing laws or
policy, for achieving land exchanges without reducing
the net supply of timber available to small businesses;
(6) identifying, mapping, and recommending
potential changes in land use plans, land
classifications, or other actions which might be
advisable or necessary to expedite, facilitate or
consummate land exchanges in certain areas;
(7) analyzing potential sources for new or enhanced
Federal, State, or other funding to promote improved
resource protection, species recovery, and management
in the basin; and
(8) identifying and analyzing whether increased
efficiency and better land and resource management
could occur through either consolidation of Federal
forest management under one agency or exchange lands
between the Forest Service and the Bureau of Land
Management.
SEC. 802. REPORT TO CONGRESS.
No later than February 1, 1998, ULEP and the Secretaries
shall submit a joint report to the Committee on Resources of
the United States House of Representatives and to the Committee
on Energy and Natural Resources of the United States Senate
concerning their studies, findings, recommendations, mapping
and other activities conducted pursuant to this title.
SEC. 803. AUTHORIZATION OF APPROPRIATIONS.
In furtherance of the purposes of this title, there is
hereby authorized to be appropriated the sum of $2 million, to
remain available until expended.
DIVISION C--ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT
OF 1996
SEC. 1. SHORT TITLE OF DIVISION; AMENDMENTS TO IMMIGRATION AND
NATIONALITY ACT; APPLICATION OF DEFINITIONS OF SUCH
ACT; TABLE OF CONTENTS OF DIVISION; SEVERABILITY.
(a) Short Title.--This division may be cited as the
``Illegal Immigration Reform and Immigrant Responsibility Act
of 1996''.
(b) Amendments to Immigration and Nationality Act.--Except
as otherwise specifically provided--
(1) whenever in this division an amendment or
repeal is expressed as the amendment or repeal of a
section or other provision, the reference shall be
considered to be made to that section or provision in
the Immigration and Nationality Act; and
(2) amendments to a section or other provision are
to such section or other provision before any amendment
made to such section or other provision elsewhere in
this division.
(c) Application of Certain Definitions.--Except as
otherwise specifically provided in this division, for purposes
of titles I and VI of this division, the terms ``alien'',
``Attorney General'', ``border crossing identification card'',
``entry'', ``immigrant'', ``immigrant visa'', ``lawfully
admitted for permanent residence'', ``national'',
``naturalization'', ``refugee'', ``State'', and ``United
States'' shall have the meaning given such terms in section
101(a) of the Immigration and Nationality Act.
(d) Table of Contents of Division.--The table of contents
of this division is as follows:
Sec. 1. Short title of division; amendments to Immigration and
Nationality Act; application of definitions of such Act; table
of contents of division; severability.
TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL ENTRY,
AND INTERIOR ENFORCEMENT
Subtitle A--Improved Enforcement at the Border
Sec. 101. Border patrol agents and support personnel.
Sec. 102. Improvement of barriers at border.
Sec. 103. Improved border equipment and technology.
Sec. 104. Improvement in border crossing identification card.
Sec. 105. Civil penalties for illegal entry.
Sec. 106. Hiring and training standards.
Sec. 107. Report on border strategy.
Sec. 108. Criminal penalties for high speed flights from immigration
checkpoints.
Sec. 109. Joint study of automated data collection.
Sec. 110. Automated entry-exit control system.
Sec. 111. Submission of final plan on realignment of border patrol
positions from interior stations.
Sec. 112. Nationwide fingerprinting of apprehended aliens.
Subtitle B--Facilitation of Legal Entry
Sec. 121. Land border inspectors.
Sec. 122. Land border inspection and automated permit pilot projects.
Sec. 123. Preinspection at foreign airports.
Sec. 124. Training of airline personnel in detection of fraudulent
documents.
Sec. 125. Preclearance authority.
Subtitle C--Interior Enforcement
Sec. 131. Authorization of appropriations for increase in number of
certain investigators.
Sec. 132. Authorization of appropriations for increase in number of
investigators of visa overstayers.
Sec. 133. Acceptance of State services to carry out immigration
enforcement.
Sec. 134. Minimum State INS presence.
TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING;
DOCUMENT FRAUD
Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling
Sec. 201. Wiretap authority for investigations of alien smuggling or
document fraud.
Sec. 202. Racketeering offenses relating to alien smuggling.
Sec. 203. Increased criminal penalties for alien smuggling.
Sec. 204. Increased number of assistant United States Attorneys.
Sec. 205. Undercover investigation authority.
Subtitle B--Deterrence of Document Fraud
Sec. 211. Increased criminal penalties for fraudulent use of government-
issued documents.
Sec. 212. New document fraud offenses; new civil penalties for document
fraud.
Sec. 213. New criminal penalty for failure to disclose role as preparer
of false application for immigration benefits.
Sec. 214. Criminal penalty for knowingly presenting document which fails
to contain reasonable basis in law or fact.
Sec. 215. Criminal penalty for false claim to citizenship.
Sec. 216. Criminal penalty for voting by aliens in Federal election.
Sec. 217. Criminal forfeiture for passport and visa related offenses.
Sec. 218. Penalties for involuntary servitude.
Sec. 219. Admissibility of videotaped witness testimony.
Sec. 220. Subpoena authority in document fraud enforcement.
TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
Subtitle A--Revision of Procedures for Removal of Aliens
Sec. 301. Treating persons present in the United States without
authorization as not admitted.
Sec. 302. Inspection of aliens; expedited removal of inadmissible
arriving aliens; referral for hearing (revised section 235).
Sec. 303. Apprehension and detention of aliens not lawfully in the
United States (revised section 236).
Sec. 304. Removal proceedings; cancellation of removal and adjustment of
status; voluntary departure (revised and new sections 239 to
240C).
Sec. 305. Detention and removal of aliens ordered removed (new section
241).
Sec. 306. Appeals from orders of removal (new section 242).
Sec. 307. Penalties relating to removal (revised section 243).
Sec. 308. Redesignation and reorganization of other provisions;
additional conforming amendments.
Sec. 309. Effective dates; transition.
Subtitle B--Criminal Alien Provisions
Sec. 321. Amended definition of aggravated felony.
Sec. 322. Definition of conviction and term of imprisonment.
Sec. 323. Authorizing registration of aliens on criminal probation or
criminal parole.
Sec. 324. Penalty for reentry of deported aliens.
Sec. 325. Change in filing requirement.
Sec. 326. Criminal alien identification system.
Sec. 327. Appropriations for criminal alien tracking center.
Sec. 328. Provisions relating to State criminal alien assistance
program.
Sec. 329. Demonstration project for identification of illegal aliens in
incarceration facility of Anaheim, California.
Sec. 330. Prisoner transfer treaties.
Sec. 331. Prisoner transfer treaties study.
Sec. 332. Annual report on criminal aliens.
Sec. 333. Penalties for conspiring with or assisting an alien to commit
an offense under the Controlled Substances Import and Export
Act.
Sec. 334. Enhanced penalties for failure to depart, illegal reentry, and
passport and visa fraud.
Subtitle C--Revision of Grounds for Exclusion and Deportation
Sec. 341. Proof of vaccination requirement for immigrants.
Sec. 342. Incitement of terrorist activity and provision of false
documentation to terrorists as a basis for exclusion from the
United States.
Sec. 343. Certification requirements for foreign health-care workers.
Sec. 344. Removal of aliens falsely claiming United States citizenship.
Sec. 345. Waiver of exclusion and deportation ground for certain section
274C violators.
Sec. 346. Inadmissibility of certain student visa abusers.
Sec. 347. Removal of aliens who have unlawfully voted.
Sec. 348. Waivers for immigrants convicted of crimes.
Sec. 349. Waiver of misrepresentation ground of inadmissibility for
certain alien.
Sec. 350. Offenses of domestic violence and stalking as ground for
deportation.
Sec. 351. Clarification of date as of which relationship required for
waiver from exclusion or deportation for smuggling.
Sec. 352. Exclusion of former citizens who renounced citizenship to
avoid United States taxation.
Sec. 353. References to changes elsewhere in division.
Subtitle D--Changes in Removal of Alien Terrorist Provisions
Sec. 354. Treatment of classified information.
Sec. 355. Exclusion of representatives of terrorist organizations.
Sec. 356. Standard for judicial review of terrorist organization
designations.
Sec. 357. Removal of ancillary relief for voluntary departure.
Sec. 358. Effective date.
Subtitle E--Transportation of Aliens
Sec. 361. Definition of stowaway.
Sec. 362. Transportation contracts.
Subtitle F--Additional Provisions
Sec. 371. Immigration judges and compensation.
Sec. 372. Delegation of immigration enforcement authority.
Sec. 373. Powers and duties of the Attorney General and the
Commissioner.
Sec. 374. Judicial deportation.
Sec. 375. Limitation on adjustment of status.
Sec. 376. Treatment of certain fees.
Sec. 377. Limitation on legalization litigation.
Sec. 378. Rescission of lawful permanent resident status.
Sec. 379. Administrative review of orders.
Sec. 380. Civil penalties for failure to depart.
Sec. 381. Clarification of district court jurisdiction.
Sec. 382. Application of additional civil penalties to enforcement.
Sec. 383. Exclusion of certain aliens from family unity program.
Sec. 384. Penalties for disclosure of information.
Sec. 385. Authorization of additional funds for removal of aliens.
Sec. 386. Increase in INS detention facilities; report on detention
space.
Sec. 387. Pilot program on use of closed military bases for the
detention of inadmissible or deportable aliens.
Sec. 388. Report on interior repatriation program.
TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT
Subtitle A--Pilot Programs for Employment Eligibility Confirmation
Sec. 401. Establishment of programs.
Sec. 402. Voluntary election to participate in a pilot program.
Sec. 403. Procedures for participants in pilot programs.
Sec. 404. Employment eligibility confirmation system.
Sec. 405. Reports.
Subtitle B--Other Provisions Relating to Employer Sanctions
Sec. 411. Limiting liability for certain technical violations of
paperwork requirements.
Sec. 412. Paperwork and other changes in the employer sanctions program.
Sec. 413. Report on additional authority or resources needed for
enforcement of employer sanctions provisions.
Sec. 414. Reports on earnings of aliens not authorized to work.
Sec. 415. Authorizing maintenance of certain information on aliens.
Sec. 416. Subpoena authority.
Subtitle C--Unfair Immigration-Related Employment Practices
Sec. 421. Treatment of certain documentary practices as unfair
immigration-related employment practices.
TITLE V--RESTRICTIONS ON BENEFITS FOR ALIENS
Subtitle A--Eligibility of Aliens for Public Assistance and Benefits
Sec. 501. Exception to ineligibility for public benefits for certain
battered aliens.
Sec. 502. Pilot programs on limiting issuance of driver's licenses to
illegal aliens.
Sec. 503. Ineligibility of aliens not lawfully present for Social
Security benefits.
Sec. 504. Procedures for requiring proof of citizenship for Federal
public benefits.
Sec. 505. Limitation on eligibility for preferential treatment of aliens
not lawfully present on basis of residence for higher
education benefits.
Sec. 506. Study and report on alien student eligibility for
postsecondary Federal student financial assistance.
Sec. 507. Verification of immigration status for purposes of Social
Security and higher educational assistance.
Sec. 508. No verification requirement for nonprofit charitable
organizations.
Sec. 509. GAO study of provision of means-tested public benefits to
aliens who are not qualified aliens on behalf of eligible
individuals.
Sec. 510. Transition for aliens currently receiving benefits under the
Food Stamp program.
Subtitle B--Public Charge Exclusion
Sec. 531. Ground for exclusion.
Subtitle C--Affidavits of Support
Sec. 551. Requirements for sponsor's affidavit of support.
Sec. 552. Indigence and battered spouse and child exceptions to Federal
attribution of income rule.
Sec. 553. Authority of States and political subdivisions of States to
limit assistance to aliens and to distinguish among classes of
aliens in providing general cash public assistance.
Subtitle D--Miscellaneous Provisions
Sec. 561. Increased maximum criminal penalties for forging or
counterfeiting seal of a Federal department or agency to
facilitate benefit fraud by an unlawful alien.
Sec. 562. Treatment of expenses subject to emergency medical services
exception.
Sec. 563. Reimbursement of States and localities for emergency ambulance
services.
Sec. 564. Pilot programs to require bonding.
Sec. 565. Reports.
Subtitle E--Housing Assistance
Sec. 571. Short title.
Sec. 572. Prorating of financial assistance.
Sec. 573. Actions in cases of termination of financial assistance.
Sec. 574. Verification of immigration status and eligibility for
financial assistance.
Sec. 575. Prohibition of sanctions against entities making financial
assistance eligibility determinations.
Sec. 576. Eligibility for public and assisted housing.
Sec. 577. Regulations.
Subtitle F--General Provisions
Sec. 591. Effective dates.
Sec. 592. Not applicable to foreign assistance.
Sec. 593. Notification.
Sec. 594. Definitions.
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Refugees, Parole, and Asylum
Sec. 601. Persecution for resistance to coercive population control
methods.
Sec. 602. Limitation on use of parole.
Sec. 603. Treatment of long-term parolees in applying worldwide
numerical limitations.
Sec. 604. Asylum reform.
Sec. 605. Increase in asylum officers.
Sec. 606. Conditional repeal of Cuban Adjustment Act.
Subtitle B--Miscellaneous Amendments to the Immigration and Nationality
Act
Sec. 621. Alien witness cooperation.
Sec. 622. Waiver of foreign country residence requirement with respect
to international medical graduates.
Sec. 623. Use of legalization and special agricultural worker
information.
Sec. 624. Continued validity of labor certifications and classification
petitions for professional athletes.
Sec. 625. Foreign students.
Sec. 626. Services to family members of certain officers and agents
killed in the line of duty.
Subtitle C--Provisions Relating to Visa Processing and Consular
Efficiency
Sec. 631. Validity of period of visas.
Sec. 632. Elimination of consulate shopping for visa overstays.
Sec. 633. Authority to determine visa processing procedures.
Sec. 634. Changes regarding visa application process.
Sec. 635. Visa waiver program.
Sec. 636. Fee for diversity immigrant lottery.
Sec. 637. Eligibility for visas for certain Polish applicants for the
1995 diversity immigrant program.
Subtitle D--Other Provisions
Sec. 641. Program to collect information relating to nonimmigrant
foreign students.
Sec. 642. Communication between government agencies and the Immigration
and Naturalization Service.
Sec. 643. Regulations regarding habitual residence.
Sec. 644. Information regarding female genital mutilation.
Sec. 645. Criminalization of female genital mutilation.
Sec. 646. Adjustment of status for certain Polish and Hungarian
parolees.
Sec. 647. Support of demonstration projects.
Sec. 648. Sense of Congress regarding American-made products;
requirements regarding notice.
Sec. 649. Vessel movement controls during immigration emergency.
Sec. 650. Review of practices of testing entities.
Sec. 651. Designation of a United States customs administrative
building.
Sec. 652. Mail-order bride business.
Sec. 653. Review and report on H-2A nonimmigrant workers program.
Sec. 654. Report on allegations of harassment by Canadian customs
agents.
Sec. 655. Sense of Congress on discriminatory application of New
Brunswick provincial sales tax.
Sec. 656. Improvements in identification-related documents.
Sec. 657. Development of prototype of counterfeit-resistant Social
Security card.
Sec. 658. Border Patrol Museum.
Sec. 659. Sense of the Congress regarding the mission of the Immigration
and Naturalization Service.
Sec. 660. Authority for National Guard to assist in transportation of
certain aliens.
Subtitle E--Technical Corrections
Sec. 671. Miscellaneous technical corrections.
(e) Severability.--If any provision of this division or the
application of such provision to any person or circumstances is
held to be unconstitutional, the remainder of this division and
the application of the provisions of this division to any
person or circumstance shall not be affected thereby.
TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL ENTRY,
AND INTERIOR ENFORCEMENT
Subtitle A--Improved Enforcement at the Border
SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.
(a) Increased Number of Border Patrol Agents.--The Attorney
General in each of fiscal years 1997, 1998, 1999, 2000, and
2001 shall increase by not less than 1,000 the number of
positions for full-time, active-duty border patrol agents
within the Immigration and Naturalization Service above the
number of such positions for which funds were allotted for the
preceding fiscal year.
(b) Increase in Border Patrol Support Personnel.--The
Attorney General, in each of fiscal years 1997, 1998, 1999,
2000, and 2001, may increase by 300 the number of positions for
personnel in support of border patrol agents above the number
of such positions for which funds were allotted for the
preceding fiscal year.
(c) Deployment of Border Patrol Agents.--The Attorney
General shall, to the maximum extent practicable, ensure that
additional border patrol agents shall be deployed among
Immigration and Naturalization Service sectors along the border
in proportion to the level of illegal crossing of the borders
of the United States measured in each sector during the
preceding fiscal year and reasonably anticipated in the next
fiscal year.
(d) Forward Deployment.--
(1) In general.--The Attorney General shall forward
deploy existing border patrol agents in those areas of
the border identified as areas of high illegal entry
into the United States in order to provide a uniform
and visible deterrent to illegal entry on a continuing
basis. The previous sentence shall not apply to border
patrol agents located at checkpoints.
(2) Preservation of law enforcement functions and
capabilities in interior states.--The Attorney General
shall, when deploying border patrol personnel from
interior stations to border stations, coordinate with,
and act in conjunction with, State and local law
enforcement agencies to ensure that such deployment
does not degrade or compromise the law enforcement
capabilities and functions currently performed at
interior border patrol stations.
(3) Report.--Not later than 6 months after the date
of the enactment of this Act, the Attorney General
shall submit to the Committees on the Judiciary of the
House of Representatives and of the Senate a report
on--
(A) the progress and effectiveness of the
forward deployment under paragraph (1); and
(B) the measures taken to comply with
paragraph (2).
SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.
(a) In General.--The Attorney General, in consultation with
the Commissioner of Immigration and Naturalization, shall take
such actions as may be necessary to install additional physical
barriers and roads (including the removal of obstacles to
detection of illegal entrants) in the vicinity of the United
States border to deter illegal crossings in areas of high
illegal entry into the United States.
(b) Construction of Fencing and Road Improvements in the
Border Area Near San Diego, California.--
(1) In general.--In carrying out subsection (a),
the Attorney General shall provide for the construction
along the 14 miles of the international land border of
the United States, starting at the Pacific Ocean and
extending eastward, of second and third fences, in
addition to the existing reinforced fence, and for
roads between the fences.
(2) Prompt acquisition of necessary easements.--The
Attorney General, acting under the authority conferred
in section 103(b) of the Immigration and Nationality
Act (as inserted by subsection (d)), shall promptly
acquire such easements as may be necessary to carry out
this subsection and shall commence construction of
fences immediately following such acquisition (or
conclusion of portions thereof).
(3) Safety features.--The Attorney General, while
constructing the additional fencing under this
subsection, shall incorporate such safety features into
the design of the fence system as are necessary to
ensure the well-being of border patrol agents deployed
within or in near proximity to the system.
(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection not to exceed $12,000,000. Amounts
appropriated under this paragraph are authorized to
remain available until expended.
(c) Waiver.--The provisions of the Endangered Species Act
of 1973 and the National Environmental Policy Act of 1969 are
waived to the extent the Attorney General determines necessary
to ensure expeditious construction of the barriers and roads
under this section.
(d) Land Acquisition Authority.--
(1) In general.--Section 103 (8 U.S.C. 1103) is
amended--
(A) by redesignating subsections (b), (c),
and (d) as subsections (c), (d), and (e),
respectively; and
(B) by inserting after subsection (a) the
following:
``(b)(1) The Attorney General may contract for or buy any
interest in land, including temporary use rights, adjacent to
or in the vicinity of an international land border when the
Attorney General deems the land essential to control and guard
the boundaries and borders of the United States against any
violation of this Act.
``(2) The Attorney General may contract for or buy any
interest in land identified pursuant to paragraph (1) as soon
as the lawful owner of that interest fixes a price for it and
the Attorney General considers that price to be reasonable.
``(3) When the Attorney General and the lawful owner of an
interest identified pursuant to paragraph (1) are unable to
agree upon a reasonable price, the Attorney General may
commence condemnation proceedings pursuant to the Act of August
1, 1888 (Chapter 728; 25 Stat. 357).
``(4) The Attorney General may accept for the United States
a gift of any interest in land identified pursuant to paragraph
(1).''.
(2) Conforming amendment.--Section 103(e) (as so
redesignated by paragraph (1)(A)) is amended by
striking ``subsection (c)'' and inserting ``subsection
(d)''.
SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.
The Attorney General is authorized to acquire and use, for
the purpose of detection, interdiction, and reduction of
illegal immigration into the United States, any Federal
equipment (including fixed wing aircraft, helicopters, four-
wheel drive vehicles, sedans, night vision goggles, night
vision scopes, and sensor units) determined available for
transfer by any other agency of the Federal Government upon
request of the Attorney General.
SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION CARD.
(a) In General.--Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is
amended by adding at the end the following: ``Such regulations
shall provide that (A) each such document include a biometric
identifier (such as the fingerprint or handprint of the alien)
that is machine readable and (B) an alien presenting a border
crossing identification card is not permitted to cross over the
border into the United States unless the biometric identifier
contained on the card matches the appropriate biometric
characteristic of the alien.''.
(b) Effective Dates.--
(1) Clause a.--Clause (A) of the sentence added by
the amendment made by subsection (a) shall apply to
documents issued on or after 18 months after the date
of the enactment of this Act.
(2) Clause b.--Clause (B) of such sentence shall
apply to cards presented on or after 3 years after the
date of the enactment of this Act.
SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.
(a) In General.--Section 275 (8 U.S.C. 1325) is amended--
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(2) by inserting after subsection (a) the
following:
``(b) Any alien who is apprehended while entering (or
attempting to enter) the United States at a time or place other
than as designated by immigration officers shall be subject to
a civil penalty of--
``(1) at least $50 and not more than $250 for each
such entry (or attempted entry); or
``(2) twice the amount specified in paragraph (1)
in the case of an alien who has been previously subject
to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and
not in lieu of, any criminal or other civil penalties that may
be imposed.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to illegal entries or attempts to enter occurring
on or after the first day of the sixth month beginning after
the date of the enactment of this Act.
SEC. 106. HIRING AND TRAINING STANDARDS.
(a) Review of Hiring Standards.--Not later than 60 days
after the date of the enactment of this Act, the Attorney
General shall complete a review of all prescreening and hiring
standards used by the Commissioner of Immigration and
Naturalization, and, where necessary, revise such standards to
ensure that they are consistent with relevant standards of
professionalism.
(b) Certification.--At the conclusion of each of fiscal
years 1997, 1998, 1999, 2000, and 2001, the Attorney General
shall certify in writing to the Committees on the Judiciary of
the House of Representatives and of the Senate that all
personnel hired by the Commissioner of Immigration and
Naturalization for such fiscal year were hired pursuant to the
appropriate standards, as revised under subsection (a).
(c) Review of Training Standards.--
(1) Review.--Not later than 180 days after the date
of the enactment of this Act, the Attorney General
shall complete a review of the sufficiency of all
training standards used by the Commissioner of
Immigration and Naturalization.
(2) Report.--
(A) In general.--Not later than 90 days
after the completion of the review under
paragraph (1), the Attorney General shall
submit a report to the Committees on the
Judiciary of the House of Representatives and
of the Senate on the results of the review,
including--
(i) a description of the status of
efforts to update and improve training
throughout the Immigration and
Naturalization Service; and
(ii) an estimate of when such
efforts are expected to be completed.
(B) Areas requiring future review.--The
report shall disclose those areas of training
that the Attorney General determines require
further review in the future.
SEC. 107. REPORT ON BORDER STRATEGY.
(a) Evaluation of Strategy.--The Comptroller General of the
United States shall track, monitor, and evaluate the Attorney
General's strategy to deter illegal entry in the United States
to determine the efficacy of such strategy.
(b) Cooperation.--The Attorney General, the Secretary of
State, and the Secretary of Defense shall cooperate with the
Comptroller General of the United States in carrying out
subsection (a).
(c) Report.--Not later than one year after the date of the
enactment of this Act, and every year thereafter for the
succeeding 5 years, the Comptroller General of the United
States shall submit a report to the Committees on the Judiciary
of the House of Representatives and of the Senate on the
results of the activities undertaken under subsection (a)
during the previous year. Each such report shall include an
analysis of the degree to which the Attorney General's strategy
has been effective in reducing illegal entry. Each such report
shall include a collection and systematic analysis of data,
including workload indicators, related to activities to deter
illegal entry and recommendations to improve and increase
border security at the border and ports of entry.
SEC. 108. CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS FROM IMMIGRATION
CHECKPOINTS.
(a) Findings.--The Congress finds as follows:
(1) Immigration checkpoints are an important
component of the national strategy to prevent illegal
immigration.
(2) Individuals fleeing immigration checkpoints and
leading law enforcement officials on high speed vehicle
chases endanger law enforcement officers, innocent
bystanders, and the fleeing individuals themselves.
(3) The pursuit of suspects fleeing immigration
checkpoints is complicated by overlapping jurisdiction
among Federal, State, and local law enforcement
officers.
(b) High Speed Flight from Immigration Checkpoints.--
(1) In general.--Chapter 35 of title 18, United
States Code, is amended by adding at the end the
following:
``Sec. 758. High speed flight from immigration checkpoint
``Whoever flees or evades a checkpoint operated by the
Immigration and Naturalization Service, or any other Federal
law enforcement agency, in a motor vehicle and flees Federal,
State, or local law enforcement agents in excess of the legal
speed limit shall be fined under this title, imprisoned not
more than five years, or both.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 757 the following:
``758. High speed flight from immigration checkpoint.''.
(c) Grounds for Deportation.--Section 241(a)(2)(A) (8
U.S.C. 1251(a)(2)(A)) is amended--
(1) by redesignating clause (iv) as clause (v);
(2) by inserting after clause (iii) the following:
``(iv) High speed flight.--Any
alien who is convicted of a violation
of section 758 of title 18, United
States Code (relating to high speed
flight from an immigration checkpoint),
is deportable.''; and
(3) in clause (v) (as so redesignated by paragraph
(1)), by striking ``and (iii)'' and inserting ``(iii),
and (iv)''.
SEC. 109. JOINT STUDY OF AUTOMATED DATA COLLECTION.
(a) Study.--The Attorney General, together with the
Secretary of State, the Secretary of Agriculture, the Secretary
of the Treasury, and appropriate representatives of the air
transport industry, shall jointly undertake a study to develop
a plan for making the transition to automated data collection
at ports of entry.
(b) Report.--Nine months after the date of the enactment of
this Act, the Attorney General shall submit a report to the
Committees on the Judiciary of the Senate and the House of
Representatives on the outcome of the joint initiative under
subsection (a), noting specific areas of agreement and
disagreement, and recommending further steps to be taken,
including any suggestions for legislation.
SEC. 110. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.
(a) System.--Not later than 2 years after the date of the
enactment of this Act, the Attorney General shall develop an
automated entry and exit control system that will--
(1) collect a record of departure for every alien
departing the United States and match the records of
departure with the record of the alien's arrival in the
United States; and
(2) enable the Attorney General to identify,
through on-line searching procedures, lawfully admitted
nonimmigrants who remain in the United States beyond
the period authorized by the Attorney General.
(b) Report.--
(1) Deadline.--Not later than December 31 of each
year following the development of the system under
subsection (a), the Attorney General shall submit an
annual report to the Committees on the Judiciary of the
House of Representatives and of the Senate on such
system.
(2) Information.--The report shall include the
following information:
(A) The number of departure records
collected, with an accounting by country of
nationality of the departing alien.
(B) The number of departure records that
were successfully matched to records of the
alien's prior arrival in the United States,
with an accounting by the alien's country of
nationality and by the alien's classification
as an immigrant or nonimmigrant.
(C) The number of aliens who arrived as
nonimmigrants, or as a visitor under the visa
waiver program under section 217 of the
Immigration and Nationality Act, for whom no
matching departure record has been obtained
through the system or through other means as of
the end of the alien's authorized period of
stay, with an accounting by the alien's country
of nationality and date of arrival in the
United States.
(c) Use of Information on Overstays.--Information regarding
aliens who have remained in the United States beyond their
authorized period of stay identified through the system shall
be integrated into appropriate data bases of the Immigration
and Naturalization Service and the Department of State,
including those used at ports of entry and at consular offices.
SEC. 111. SUBMISSION OF FINAL PLAN ON REALIGNMENT OF BORDER PATROL
POSITIONS FROM INTERIOR STATIONS.
Not later than November 30, 1996, the Attorney General
shall submit to the Committees on the Judiciary of the House of
Representatives and of the Senate a final plan regarding the
redeployment of border patrol personnel from interior locations
to the front lines of the border. The final plan shall be
consistent with the following:
(1) The preliminary plan regarding such
redeployment submitted by the Attorney General on May
17, 1996, to the Committee on Appropriations of the
House of Representatives and the Committee on
Appropriations of the Senate.
(2) The direction regarding such redeployment
provided in the joint explanatory statement of the
committee of conference in the conference report to
accompany the Omnibus Consolidated Rescissions and
Appropriations Act of 1996 (Public Law 104-134).
SEC. 112. NATIONWIDE FINGERPRINTING OF APPREHENDED ALIENS.
There are authorized to be appropriated such additional
sums as may be necessary to ensure that the ``IDENT'' program
(operated by the Immigration and Naturalization Service) is
expanded to apply to illegal or criminal aliens apprehended
nationwide.
Subtitle B--Facilitation of Legal Entry
SEC. 121. LAND BORDER INSPECTORS.
In order to eliminate undue delay in the thorough
inspection of persons and vehicles lawfully attempting to enter
the United States, the Attorney General and the Secretary of
the Treasury each shall increase, by approximately equal
numbers in each of fiscal years 1997 and 1998, the number of
full-time land border inspectors assigned to active duty by the
Immigration and Naturalization Service and the United States
Customs Service to a level adequate to assure full staffing
during peak crossing hours of all border crossing lanes
currently in use, under construction, or whose construction has
been authorized by the Congress, except such low-use lanes as
the Attorney General may designate.
SEC. 122. LAND BORDER INSPECTION AND AUTOMATED PERMIT PILOT PROJECTS.
(a) Extension of Land Border Inspection Project Authority;
Establishment of Automated Permit Pilot Projects.--Section
286(q) is amended--
(1) by striking the matter preceding paragraph (2)
and inserting the following:
``(q) Land Border Inspection Fee Account.--(1)(A)(i)
Notwithstanding any other provision of law, the Attorney
General is authorized to establish, by regulation, not more
than 6 projects under which a fee may be charged and collected
for inspection services provided at one or more land border
points of entry. Such projects may include the establishment of
commuter lanes to be made available to qualified United States
citizens and aliens, as determined by the Attorney General.
``(ii) The program authorized in this subparagraph shall
terminate on September 30, 2000, unless further authorized by
an Act of Congress.
``(iii) This subparagraph shall take effect, with respect
to any project described in clause (1) that was not authorized
to be commenced before the date of the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, 30
days after submission of a written plan by the Attorney General
detailing the proposed implementation of such project.
``(iv) The Attorney General shall prepare and submit on a
quarterly basis, until September 30, 2000, a status report on
each land border inspection project implemented under this
subparagraph.
``(B) The Attorney General, in consultation with the
Secretary of the Treasury, may conduct pilot projects to
demonstrate the use of designated ports of entry after working
hours through the use of card reading machines or other
appropriate technology.''; and
(2) by striking paragraph (5).
(b) Conforming amendment.--The Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriation Act, 1994 (Public Law 103-121, 107 Stat. 1161) is
amended by striking the fourth proviso under the heading
``Immigration and Naturalization Service, Salaries and
Expenses''.
SEC. 123. PREINSPECTION AT FOREIGN AIRPORTS.
(a) In General.--The Immigration and Nationality Act is
amended by inserting after section 235 the following:
``preinspection at foreign airports
``Sec. 235A. (a) Establishment of Preinspection Stations.--
``(1) New stations.--Subject to paragraph (5), not
later than October 31, 1998, the Attorney General, in
consultation with the Secretary of State, shall
establish and maintain preinspection stations in at
least 5 of the foreign airports that are among the 10
foreign airports which the Attorney General identifies
as serving as last points of departure for the greatest
numbers of inadmissible alien passengers who arrive
from abroad by air at ports of entry within the United
States. Such preinspection stations shall be in
addition to any preinspection stations established
prior to the date of the enactment of such Act.
``(2) Report.--Not later than October 31, 1998, the
Attorney General shall report to the Committees on the
Judiciary of the House of Representatives and of the
Senate on the implementation of paragraph (1).
``(3) Data collection.--Not later than November 1,
1997, and each subsequent November 1, the Attorney
General shall compile data identifying--
``(A) the foreign airports which served as
last points of departure for aliens who arrived
by air at United States ports of entry without
valid documentation during the preceding fiscal
years;
``(B) the number and nationality of such
aliens arriving from each such foreign airport;
and
``(C) the primary routes such aliens
followed from their country of origin to the
United States.
``(4) Additional stations.--Subject to paragraph
(5), not later than October 31, 2000, the Attorney
General, in consultation with the Secretary of State,
shall establish preinspection stations in at least 5
additional foreign airports which the Attorney General,
in consultation with the Secretary of State,
determines, based on the data compiled under paragraph
(3) and such other information as may be available,
would most effectively reduce the number of aliens who
arrive from abroad by air at points of entry within the
United States who are inadmissible to the United
States. Such preinspection stations shall be in
addition to those established prior to the date of the
enactment of such Act or pursuant to paragraph (1).
``(5) Conditions.--Prior to the establishment of a
preinspection station, the Attorney General, in
consultation with the Secretary of State, shall ensure
that--
``(A) employees of the United States
stationed at the preinspection station and
their accompanying family members will receive
appropriate protection;
``(B) such employees and their families
will not be subject to unreasonable risks to
their welfare and safety; and
``(C) the country in which the
preinspection station is to be established
maintains practices and procedures with respect
to asylum seekers and refugees in accordance
with the Convention Relating to the Status of
Refugees (done at Geneva, July 28, 1951), or
the Protocol Relating to the Status of Refugees
(done at New York, January 31, 1967), or that
an alien in the country otherwise has recourse
to avenues of protection from return to
persecution.
``(b) Establishment of Carrier Consultant Program.--The
Attorney General shall assign additional immigration officers
to assist air carriers in the detection of fraudulent documents
at foreign airports which, based on the records maintained
pursuant to subsection (a)(3), served as a point of departure
for a significant number of arrivals at United States ports of
entry without valid documentation, but where no preinspection
station exists.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 235 the
following:
``Sec. 235A. Preinspection at foreign airports.''.
SEC. 124. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF FRAUDULENT
DOCUMENTS.
(a) Use of Funds.--
(1) In general.--Section 286(h)(2)(A) (8 U.S.C.
1356(h)(2)(A)) is amended--
(A) in clause (iv), by inserting ``,
including training of, and technical assistance
to, commercial airline personnel regarding such
detection'' after ``United States''; and
(B) by adding at the end the following:
``The Attorney General shall provide for expenditures for
training and assistance described in clause (iv) in an amount,
for any fiscal year, not less than 5 percent of the total of
the expenses incurred that are described in the previous
sentence.''.
(2) Applicability.--The amendments made by
paragraph (1) shall apply to expenses incurred during
or after fiscal year 1997.
(b) Compliance With Detection Regulations.--
(1) In general.--Section 212(f) (8 U.S.C. 1182(f))
is amended by adding at the end the following:
``Whenever the Attorney General finds that a commercial
airline has failed to comply with regulations of the
Attorney General relating to requirements of airlines
for the detection of fraudulent documents used by
passengers traveling to the United States (including
the training of personnel in such detection), the
Attorney General may suspend the entry of some or all
aliens transported to the United States by such
airline.''.
(2) Deadline.--The Attorney General shall first
issue, in proposed form, regulations referred to in the
second sentence of section 212(f) of the Immigration
and Nationality Act, as added by the amendment made by
paragraph (1), not later than 90 days after the date of
the enactment of this Act.
SEC. 125. PRECLEARANCE AUTHORITY.
Section 103(a) of the Immigration and Nationality Act (8
U.S.C. 1103(a)) is amended by adding at the end the following:
``After consultation with the Secretary of State, the Attorney
General may authorize officers of a foreign country to be
stationed at preclearance facilities in the United States for
the purpose of ensuring that persons traveling from or through
the United States to that foreign country comply with that
country's immigration and related laws. Those officers may
exercise such authority and perform such duties as United
States immigration officers are authorized to exercise and
perform in that foreign country under reciprocal agreement, and
they shall enjoy such reasonable privileges and immunities
necessary for the performance of their duties as the government
of their country extends to United States immigration
officers.''.
Subtitle C--Interior Enforcement
SEC. 131. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN NUMBER OF
CERTAIN INVESTIGATORS.
(a) Authorization.--There are authorized to be appropriated
such funds as may be necessary to enable the Commissioner of
Immigration and Naturalization to increase the number of
investigators and support personnel to investigate potential
violations of sections 274 and 274A of the Immigration and
Nationality Act by a number equivalent to 300 full-time active-
duty investigators in each of fiscal years 1997, 1998, and
1999.
(b) Allocation of Investigators.--At least one-half of the
investigators hired with funds made available under subsection
(a) shall be assigned to investigate potential violations of
section 274A of the Immigration and Nationality Act.
(c) Limitation on Overtime.--None of the funds made
available under subsection (a) shall be available for
administrative expenses to pay any employee overtime pay in an
amount in excess of $25,000 for any fiscal year.
SEC. 132. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN NUMBER OF
INVESTIGATORS OF VISA OVERSTAYERS.
There are authorized to be appropriated such funds as may
be necessary to enable the Commissioner of Immigration and
Naturalization to increase the number of investigators and
support personnel to investigate visa overstayers by a number
equivalent to 300 full-time active-duty investigators in fiscal
year 1997.
SEC. 133. ACCEPTANCE OF STATE SERVICES TO CARRY OUT IMMIGRATION
ENFORCEMENT.
Section 287 (8 U.S.C. 1357) is amended by adding at the end
the following:
``(g)(1) Notwithstanding section 1342 of title 31, United
States Code, the Attorney General may enter into a written
agreement with a State, or any political subdivision of a
State, pursuant to which an officer or employee of the State or
subdivision, who is determined by the Attorney General to be
qualified to perform a function of an immigration officer in
relation to the investigation, apprehension, or detention of
aliens in the United States (including the transportation of
such aliens across State lines to detention centers), may carry
out such function at the expense of the State or political
subdivision and to the extent consistent with State and local
law.
``(2) An agreement under this subsection shall require that
an officer or employee of a State or political subdivision of a
State performing a function under the agreement shall have
knowledge of, and adhere to, Federal law relating to the
function, and shall contain a written certification that the
officers or employees performing the function under the
agreement have received adequate training regarding the
enforcement of relevant Federal immigration laws.
``(3) In performing a function under this subsection, an
officer or employee of a State or political subdivision of a
State shall be subject to the direction and supervision of the
Attorney General.
``(4) In performing a function under this subsection, an
officer or employee of a State or political subdivision of a
State may use Federal property or facilities, as provided in a
written agreement between the Attorney General and the State or
subdivision.
``(5) With respect to each officer or employee of a State
or political subdivision who is authorized to perform a
function under this subsection, the specific powers and duties
that may be, or are required to be, exercised or performed by
the individual, the duration of the authority of the
individual, and the position of the agency of the Attorney
General who is required to supervise and direct the individual,
shall be set forth in a written agreement between the Attorney
General and the State or political subdivision.
``(6) The Attorney General may not accept a service under
this subsection if the service will be used to displace any
Federal employee.
``(7) Except as provided in paragraph (8), an officer or
employee of a State or political subdivision of a State
performing functions under this subsection shall not be treated
as a Federal employee for any purpose other than for purposes
of chapter 81 of title 5, United States Code (relating to
compensation for injury), and sections 2671 through 2680 of
title 28, United States Code (relating to tort claims).
``(8) An officer or employee of a State or political
subdivision of a State acting under color of authority under
this subsection, or any agreement entered into under this
subsection, shall be considered to be acting under color of
Federal authority for purposes of determining the liability,
and immunity from suit, of the officer or employee in a civil
action brought under Federal or State law.
``(9) Nothing in this subsection shall be construed to
require any State or political subdivision of a State to enter
into an agreement with the Attorney General under this
subsection.
``(10) Nothing in this subsection shall be construed to
require an agreement under this subsection in order for any
officer or employee of a State or political subdivision of a
State--
``(A) to communicate with the Attorney General
regarding the immigration status of any individual,
including reporting knowledge that a particular alien
is not lawfully present in the United States; or
``(B) otherwise to cooperate with the Attorney
General in the identification, apprehension, detention,
or removal of aliens not lawfully present in the United
States.''.
SEC. 134. MINIMUM STATE INS PRESENCE.
(a) In General.--Section 103 (8 U.S.C. 1103), as amended by
section 102(e) of this division, is further amended by adding
at the end the following:
``(f) The Attorney General shall allocate to each State not
fewer than 10 full-time active duty agents of the Immigration
and Naturalization Service to carry out the functions of the
Service, in order to ensure the effective enforcement of this
Act.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 90 days after the date of the enactment of
this Act.
TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING;
DOCUMENT FRAUD
Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling
SEC. 201. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN SMUGGLING OR
DOCUMENT FRAUD.
Section 2516(1) of title 18, United States Code, is
amended--
(1) in paragraph (c), by striking ``or section 1992
(relating to wrecking trains)'' and inserting ``section
1992 (relating to wrecking trains), a felony violation
of section 1028 (relating to production of false
identification documentation), section 1425 (relating
to the procurement of citizenship or nationalization
unlawfully), section 1426 (relating to the reproduction
of naturalization or citizenship papers), section 1427
(relating to the sale of naturalization or citizenship
papers), section 1541 (relating to passport issuance
without authority), section 1542 (relating to false
statements in passport applications), section 1543
(relating to forgery or false use of passports),
section 1544 (relating to misuse of passports), or
section 1546 (relating to fraud and misuse of visas,
permits, and other documents)'';
(2) by striking ``or'' at the end of paragraph (l);
(3) by redesignating paragraphs (m), (n), and (o)
as paragraphs (n), (o), and (p), respectively; and
(4) by inserting after paragraph (l) the following
new paragraph:
``(m) a violation of section 274, 277, or 278 of
the Immigration and Nationality Act (8 U.S.C. 1324,
1327, or 1328) (relating to the smuggling of
aliens);''.
SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.
Section 1961(1) of title 18, United States Code, as amended
by section 433 of Public Law 104-132, is amended--
(1) by striking ``if the act indictable under
section 1028 was committed for the purpose of financial
gain'';
(2) by inserting ``section 1425 (relating to the
procurement of citizenship or nationalization
unlawfully), section 1426 (relating to the reproduction
of naturalization or citizenship papers), section 1427
(relating to the sale of naturalization or citizenship
papers),'' after ``section 1344 (relating to financial
institution fraud),'';
(3) by striking ``if the act indictable under
section 1542 was committed for the purpose of financial
gain'';
(4) by striking ``if the act indictable under
section 1543 was committed for the purpose of financial
gain'';
(5) by striking ``if the act indictable under
section 1544 was committed for the purpose of financial
gain''; and
(6) by striking ``if the act indictable under
section 1546 was committed for the purpose of financial
gain''.
SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.
(a) Commercial Advantage.--Section 274(a)(1)(B)(i) (8
U.S.C. 1324(a)(1)(B)(i)) is amended by inserting ``or in the
case of a violation of subparagraph (A)(ii), (iii), or (iv) in
which the offense was done for the purpose of commercial
advantage or private financial gain'' after ``subparagraph
(A)(i)''.
(b) Additional Offenses.--Section 274(a) (8 U.S.C. 1324(a))
is amended--
(1) in paragraph (1)(A)--
(A) by striking ``or'' at the end of clause
(iii);
(B) by striking the comma at the end of
clause (iv) and inserting ``; or''; and
(C) by adding at the end the following new
clause:
``(v)(I) engages in any conspiracy to commit any of
the preceding acts, or
``(II) aids or abets the commission of any of the
preceding acts,'';
(2) in paragraph (1)(B)--
(A) in clause (i), by inserting ``or
(v)(I)'' after ``(A)(i)'';
(B) in clause (ii), by striking ``or (iv)''
and inserting ``(iv), or (v)(II)'';
(C) in clause (iii), by striking ``or
(iv)'' and inserting ``(iv), or (v)''; and
(D) in clause (iv), by striking ``or (iv)''
and inserting ``(iv), or (v)'';
(3) in paragraph (2)(B), by striking ``be fined''
and all that follows and inserting the following: ``be
fined under title 18, United States Code, and shall be
imprisoned, in the case of a first or second violation
of subparagraph (B)(iii), not more than 10 years, in
the case of a first or second violation of subparagraph
(B)(i) or (B)(ii), not less than 3 nor more than 10
years, and for any other violation, not less than 5 nor
more than 15 years.''; and
(4) by adding at the end the following new
paragraph:
``(3)(A) Any person who, during any 12-month period,
knowingly hires for employment at least 10 individuals with
actual knowledge that the individuals are aliens described in
subparagraph (B) shall be fined under title 18, United States
Code, or imprisoned for not more than 5 years, or both.
``(B) An alien described in this subparagraph is an alien
who--
``(i) is an unauthorized alien (as defined in
section 274A(h)(3)), and
``(ii) has been brought into the United States in
violation of this subsection.''.
(c) Smuggling of Aliens Who Will Commit Crimes.--Clause (i)
of section 274(a)(2)(B) (8 U.S.C. 1324(a)(2)(B)) is amended to
read as follows:
``(i) an offense committed with the intent
or with reason to believe that the alien
unlawfully brought into the United States will
commit an offense against the United States or
any State punishable by imprisonment for more
than 1 year,''.
(d) Applying Certain Penalties on a Per Alien Basis.--
Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by striking
``for each transaction constituting a violation of this
paragraph, regardless of the number of aliens involved'' and
inserting ``for each alien in respect to whom a violation of
this paragraph occurs''.
(e) Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under
section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall promulgate
sentencing guidelines or amend existing sentencing
guidelines for offenders convicted of offenses related
to smuggling, transporting, harboring, or inducing
aliens in violation of section 274(a) (1)(A) or (2) of
the Immigration and Nationality Act (8 U.S.C.
1324(a)(1)(A), (2)(B)) in accordance with this
subsection.
(2) Requirements.--In carrying out this subsection,
the Commission shall, with respect to the offenses
described in paragraph (1)--
(A) increase the base offense level for
such offenses at least 3 offense levels above
the applicable level in effect on the date of
the enactment of this Act;
(B) review the sentencing enhancement for
the number of aliens involved (U.S.S.G.
2L1.1(b)(2)), and increase the sentencing
enhancement by at least 50 percent above the
applicable enhancement in effect on the date of
the enactment of this Act;
(C) impose an appropriate sentencing
enhancement upon an offender with 1 prior
felony conviction arising out of a separate and
prior prosecution for an offense that involved
the same or similar underlying conduct as the
current offense, to be applied in addition to
any sentencing enhancement that would otherwise
apply pursuant to the calculation of the
defendant's criminal history category;
(D) impose an additional appropriate
sentencing enhancement upon an offender with 2
or more prior felony convictions arising out of
separate and prior prosecutions for offenses
that involved the same or similar underling
conduct as the current offense, to be applied
in addition to any sentencing enhancement that
would otherwise apply pursuant to the
calculation of the defendant's criminal history
category;
(E) impose an appropriate sentencing
enhancement on a defendant who, in the course
of committing an offense described in this
subsection--
(i) murders or otherwise causes
death, bodily injury, or serious bodily
injury to an individual;
(ii) uses or brandishes a firearm
or other dangerous weapon; or
(iii) engages in conduct that
consciously or recklessly places
another in serious danger of death or
serious bodily injury;
(F) consider whether a downward adjustment
is appropriate if the offense is a first
offense and involves the smuggling only of the
alien's spouse or child; and
(G) consider whether any other aggravating
or mitigating circumstances warrant upward or
downward sentencing adjustments.
(3) Emergency authority to sentencing commission.--
The Commission shall promulgate the guidelines or
amendments provided for under this subsection as soon
as practicable in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987,
as though the authority under that Act had not expired.
(f) Effective Date.--This section and the amendments made
by this section shall apply with respect to offenses occurring
on or after the date of the enactment of this Act.
SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS.
(a) In General.--The number of Assistant United States
Attorneys employed by the Department of Justice for the fiscal
year 1997 shall be increased by at least 25 above the number of
Assistant United States Attorneys that were authorized to be
employed as of September 30, 1996.
(b) Assignment.--Individuals employed to fill the
additional positions described in subsection (a) shall
prosecute persons who bring into the United States or harbor
illegal aliens or violate other criminal statutes involving
illegal aliens.
SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.
(a) In General.--Title II is amended by adding at the end
the following new section:
``undercover investigation authority
``Sec. 294. (a) In General.--With respect to any undercover
investigative operation of the Service which is necessary for
the detection and prosecution of crimes against the United
States--
``(1) sums appropriated for the Service may be used
for leasing space within the United States and the
territories and possessions of the United States
without regard to the following provisions of law:
``(A) section 3679(a) of the Revised
Statutes (31 U.S.C. 1341),
``(B) section 3732(a) of the Revised
Statutes (41 U.S.C. 11(a)),
``(C) section 305 of the Act of June 30,
1949 (63 Stat. 396; 41 U.S.C. 255),
``(D) the third undesignated paragraph
under the heading `Miscellaneous' of the Act of
March 3, 1877 (19 Stat. 370; 40 U.S.C. 34),
``(E) section 3648 of the Revised Statutes
(31 U.S.C. 3324),
``(F) section 3741 of the Revised Statutes
(41 U.S.C. 22), and
``(G) subsections (a) and (c) of section
304 of the Federal Property and Administrative
Services Act of 1949 (63 Stat. 395; 41 U.S.C.
254 (a) and (c));
``(2) sums appropriated for the Service may be used
to establish or to acquire proprietary corporations or
business entities as part of an undercover operation,
and to operate such corporations or business entities
on a commercial basis, without regard to the provisions
of section 304 of the Government Corporation Control
Act (31 U.S.C. 9102);
``(3) sums appropriated for the Service, and the
proceeds from the undercover operation, may be
deposited in banks or other financial institutions
without regard to the provisions of section 648 of
title 18, United States Code, and of section 3639 of
the Revised Statutes (31 U.S.C. 3302); and
``(4) the proceeds from the undercover operation
may be used to offset necessary and reasonable expenses
incurred in such operation without regard to the
provisions of section 3617 of the Revised Statutes (31
U.S.C. 3302).
The authority set forth in this subsection may be exercised
only upon written certification of the Commissioner, in
consultation with the Deputy Attorney General, that any action
authorized by paragraph (1), (2), (3), or (4) is necessary for
the conduct of the undercover operation.
``(b) Disposition of Proceeds No Longer Required.--As soon
as practicable after the proceeds from an undercover
investigative operation, carried out under paragraphs (3) and
(4) of subsection (a), are no longer necessary for the conduct
of the operation, the proceeds or the balance of the proceeds
remaining at the time shall be deposited into the Treasury of
the United States as miscellaneous receipts.
``(c) Disposition of Certain Corporations and Business
Entities.--If a corporation or business entity established or
acquired as part of an undercover operation under paragraph (2)
of subsection (a) with a net value of over $50,000 is to be
liquidated, sold, or otherwise disposed of, the Service, as
much in advance as the Commissioner or Commissioner's designee
determines practicable, shall report the circumstances to the
Attorney General, the Director of the Office of Management and
Budget, and the Comptroller General. The proceeds of the
liquidation, sale, or other disposition, after obligations are
met, shall be deposited in the Treasury of the United States as
miscellaneous receipts.
``(d) Financial Audits.--The Service shall conduct detailed
financial audits of closed undercover operations on a quarterly
basis and shall report the results of the audits in writing to
the Deputy Attorney General.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 293 the
following:
``Sec. 294. Undercover investigation authority.''.
Subtitle B--Deterrence of Document Fraud
SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF
GOVERNMENT-ISSUED DOCUMENTS.
(a) Fraud and Misuse of Government-Issued Identification
Documents.--(1) Section 1028(b) of title 18, United States
Code, is amended--
(A) in paragraph (1), by inserting ``except as
provided in paragraphs (3) and (4),'' after ``(1)'' and
by striking ``five years'' and inserting ``15 years'';
(B) in paragraph (2), by inserting ``except as
provided in paragraphs (3) and (4),'' after ``(2)'' and
by striking ``and'' at the end;
(C) by redesignating paragraph (3) as paragraph
(5); and
(D) by inserting after paragraph (2) the following
new paragraphs:
``(3) a fine under this title or imprisonment for
not more than 20 years, or both, if the offense is
committed to facilitate a drug trafficking crime (as
defined in section 929(a)(2) of this title);
``(4) a fine under this title or imprisonment for
not more than 25 years, or both, if the offense is
committed to facilitate an act of international
terrorism (as defined in section 2331(1) of this
title); and''.
(2) Sections 1425 through 1427, sections 1541 through 1544,
and section 1546(a) of title 18, United States Code, are each
amended by striking ``imprisoned not more'' and all that
follows through ``years'' each place it appears and inserting
the following: ``imprisoned not more than 25 years (if the
offense was committed to facilitate an act of international
terrorism (as defined in section 2331 of this title)), 20 years
(if the offense was committed to facilitate a drug trafficking
crime (as defined in section 929(a) of this title)), 10 years
(in the case of the first or second such offense, if the
offense was not committed to facility such an act of
international terrorism or a drug trafficking crime), or 15
years (in the case of any other offense)''.
(b) Changes to the Sentencing Levels.--
(1) In general.--Pursuant to the Commission's
authority under section 994(p) of title 28, United
States Code, the United States Sentencing Commission
shall promulgate sentencing guidelines or amend
existing sentencing guidelines for offenders convicted
of violating, or conspiring to violate, sections
1028(b)(1), 1425 through 1427, 1541 through 1544, and
1546(a) of title 18, United States Code, in accordance
with this subsection.
(2) Requirements.--In carrying out this subsection,
the Commission shall, with respect to the offenses
referred to in paragraph (1)--
(A) increase the base offense level for
such offenses at least 2 offense levels above
the level in effect on the date of the
enactment of this Act;
(B) review the sentencing enhancement for
number of documents or passports involved
(U.S.S.G. 2L2.1(b)(2)), and increase the upward
adjustment by at least 50 percent above the
applicable enhancement in effect on the date of
the enactment of this Act;
(C) impose an appropriate sentencing
enhancement upon an offender with 1 prior
felony conviction arising out of a separate and
prior prosecution for an offense that involved
the same or similar underlying conduct as the
current offense, to be applied in addition to
any sentencing enhancement that would otherwise
apply pursuant to the calculation of the
defendant's criminal history category;
(D) impose an additional appropriate
sentencing enhancement upon an offender with 2
or more prior felony convictions arising out of
separate and prior prosecutions for offenses
that involved the same or similar underlying
conduct as the current offense, to be applied
in addition to any sentencing enhancement that
would otherwise apply pursuant to the
calculation of the defendant's criminal history
category; and
(E) consider whether any other aggravating
or mitigating circumstances warrant upward or
downward sentencing adjustments.
(3) Emergency authority to sentencing commission.--
The Commission shall promulgate the guidelines or
amendments provided for under this subsection as soon
as practicable in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987,
as though the authority under that Act had not expired.
(c) Effective Date.--This section and the amendments made
by this section shall apply with respect to offenses occurring
on or after the date of the enactment of this Act.
SEC. 212. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL PENALTIES FOR DOCUMENT
FRAUD.
(a) Activities Prohibited.--Section 274C(a) (8 U.S.C.
1324c(a)) is amended--
(1) in paragraph (1), by inserting before the comma
at the end the following: ``or to obtain a benefit
under this Act'';
(2) in paragraph (2), by inserting before the comma
at the end the following: ``or to obtain a benefit
under this Act'';
(3) in paragraph (3)--
(A) by inserting ``or with respect to''
after ``issued to'';
(B) by adding before the comma at the end
the following: ``or obtaining a benefit under
this Act''; and
(C) by striking ``or'' at the end;
(4) in paragraph (4)--
(A) by inserting ``or with respect to''
after ``issued to'';
(B) by adding before the period at the end
the following: ``or obtaining a benefit under
this Act''; and
(C) by striking the period at the end and
inserting ``, or''; and
(5) by adding at the end the following new
paragraphs:
``(5) to prepare, file, or assist another in
preparing or filing, any application for benefits under
this Act, or any document required under this Act, or
any document submitted in connection with such
application or document, with knowledge or in reckless
disregard of the fact that such application or document
was falsely made or, in whole or in part, does not
relate to the person on whose behalf it was or is being
submitted, or
``(6)(A) to present before boarding a common
carrier for the purpose of coming to the United States
a document which relates to the alien's eligibility to
enter the United States, and (B) to fail to present
such document to an immigration officer upon arrival at
a United States port of entry.''.
(b) Definition of Falsely Make.--Section 274C (8 U.S.C.
1324c), as amended by section 213 of this division, is further
amended by adding at the end the following new subsection:
``(f) Falsely Make.--For purposes of this section, the term
`falsely make' means to prepare or provide an application or
document, with knowledge or in reckless disregard of the fact
that the application or document contains a false, fictitious,
or fraudulent statement or material representation, or has no
basis in law or fact, or otherwise fails to state a fact which
is material to the purpose for which it was submitted.''.
(c) Conforming Amendment.--Section 274C(d)(3) (8 U.S.C.
1324c(d)(3)) is amended by striking ``each document used,
accepted, or created and each instance of use, acceptance, or
creation'' each place it appears and inserting ``each document
that is the subject of a violation under subsection (a)''.
(d) Waiver by Attorney General.--Section 274C(d) (8 U.S.C.
1324c(d)) is amended by adding at the end the following new
paragraph:
``(7) Waiver by attorney general.--The Attorney
General may waive the penalties imposed by this section
with respect to an alien who knowingly violates
subsection (a)(6) if the alien is granted asylum under
section 208 or withholding of deportation under section
243(h).''.
(e) Effective Date.--Section 274C(f) of the Immigration and
Nationality Act, as added by subsection (b), applies to the
preparation of applications before, on, or after the date of
the enactment of this Act.
SEC. 213. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE AS
PREPARER OF FALSE APPLICATION FOR IMMIGRATION
BENEFITS.
Section 274C (8 U.S.C. 1324c) is amended by adding at the
end the following new subsection:
``(e) Criminal Penalties for Failure To Disclose Role as
Document Preparer.--(1) Whoever, in any matter within the
jurisdiction of the Service, knowingly and willfully fails to
disclose, conceals, or covers up the fact that they have, on
behalf of any person and for a fee or other remuneration,
prepared or assisted in preparing an application which was
falsely made (as defined in subsection (f)) for immigration
benefits, shall be fined in accordance with title 18, United
States Code, imprisoned for not more than 5 years, or both, and
prohibited from preparing or assisting in preparing, whether or
not for a fee or other remuneration, any other such
application.
``(2) Whoever, having been convicted of a violation of
paragraph (1), knowingly and willfully prepares or assists in
preparing an application for immigration benefits pursuant to
this Act, or the regulations promulgated thereunder, whether or
not for a fee or other remuneration and regardless of whether
in any matter within the jurisdiction of the Service, shall be
fined in accordance with title 18, United States Code,
imprisoned for not more than 15 years, or both, and prohibited
from preparing or assisting in preparing any other such
application.''.
SEC. 214. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT WHICH
FAILS TO CONTAIN REASONABLE BASIS IN LAW OR FACT.
The fourth paragraph of section 1546(a) of title 18, United
States Code, is amended by striking ``containing any such false
statement'' and inserting ``which contains any such false
statement or which fails to contain any reasonable basis in law
or fact''.
SEC. 215. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP.
Section 1015 of title 18, United States Code, is amended--
(1) by striking the dash at the end of paragraph
(d) and inserting ``; or'', and
(2) by inserting after paragraph (d) the following:
``(e) Whoever knowingly makes any false statement or claim
that he is, or at any time has been, a citizen or national of
the United States, with the intent to obtain on behalf of
himself, or any other person, any Federal or State benefit or
service, or to engage unlawfully in employment in the United
States; or
``(f) Whoever knowingly makes any false statement or claim
that he is a citizen of the United States in order to register
to vote or to vote in any Federal, State, or local election
(including an initiative, recall, or referendum)--''.
SEC. 216. CRIMINAL PENALTY FOR VOTING BY ALIENS IN FEDERAL ELECTION.
(a) In General.--Title 18, United States Code, is amended
by inserting after section 610 the following:
``Sec. 611. Voting by aliens
``(a) It shall be unlawful for any alien to vote in any
election held solely or in part for the purpose of electing a
candidate for the office of President, Vice President,
Presidential elector, Member of the Senate, Member of the House
of Representatives, Delegate from the District of Columbia, or
Resident Commissioner, unless--
``(1) the election is held partly for some other
purpose;
``(2) aliens are authorized to vote for such other
purpose under a State constitution or statute or a
local ordinance; and
``(3) voting for such other purpose is conducted
independently of voting for a candidate for such
Federal offices, in such a manner that an alien has the
opportunity to vote for such other purpose, but not an
opportunity to vote for a candidate for any one or more
of such Federal offices.
``(b) Any person who violates this section shall be fined
under this title, imprisoned not more than one year, or
both.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 29 of title 18, United States Code, is
amended by inserting after the item relating to section 610 the
following new item:
``611. Voting by aliens.''.
SEC. 217. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED OFFENSES.
Section 982(a) of title 18, United States Code, is amended
by inserting after paragraph (5) the following new paragraph:
``(6)(A) The court, in imposing sentence on a person
convicted of a violation of, or conspiracy to violate, section
1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of this
title, or a violation of, or conspiracy to violate, section
1028 of this title if committed in connection with passport or
visa issuance or use, shall order that the person forfeit to
the United States, regardless of any provision of State law--
``(i) any conveyance, including any vessel,
vehicle, or aircraft used in the commission of a
violation of, or a conspiracy to violate, subsection
(a); and
``(ii) any property real or personal--
``(I) that constitutes, or is derived from
or is traceable to the proceeds obtained
directly or indirectly from the commission of a
violation of, or a conspiracy to violate,
subsection (a), section 274A(a)(1) or
274A(a)(2) of the Immigration and Nationality
Act, or section 1028, 1425, 1426, 1427, 1541,
1542, 1543, 1544, or 1546 of this title; or
``(II) that is used to facilitate, or is
intended to be used to facilitate, the
commission of a violation of, or a conspiracy
to violate, subsection (a), section 274A(a)(1)
or 274A(a)(2) of the Immigration and
Nationality Act, or section 1028, 1425, 1426,
1427, 1541, 1542, 1543, 1544, or 1546 of this
title.
The court, in imposing sentence on such person, shall order
that the person forfeit to the United States all property
described in this subparagraph.
``(B) The criminal forfeiture of property under
subparagraph (A), including any seizure and disposition of the
property and any related administrative or judicial proceeding,
shall be governed by the provisions of section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853), other than subsections (a) and (d) of such section
413.''.
SEC. 218. CRIMINAL PENALTIES FOR INVOLUNTARY SERVITUDE.
(a) Amendments to Title 18.--Sections 1581, 1583, 1584, and
1588 of title 18, United States Code, are amended by striking
``five'' each place it appears and inserting ``10''.
(b) Review of Sentencing Guidelines.--The United States
Sentencing Commission shall ascertain whether there exists an
unwarranted disparity--
(1) between the sentences for peonage, involuntary
servitude, and slave trade offenses, and the sentences
for kidnapping offenses in effect on the date of the
enactment of this Act; and
(2) between the sentences for peonage, involuntary
servitude, and slave trade offenses, and the sentences
for alien smuggling offenses in effect on the date of
the enactment of this Act and after the amendment made
by subsection (a).
(c) Amendment of Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under
section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall review its
guidelines on sentencing for peonage, involuntary
servitude, and slave trade offenses under sections 1581
through 1588 of title 18, United States Code, and shall
amend such guidelines as necessary to--
(A) reduce or eliminate any unwarranted
disparity found under subsection (b) that
exists between the sentences for peonage,
involuntary servitude, and slave trade
offenses, and the sentences for kidnapping
offenses and alien smuggling offenses;
(B) ensure that the applicable guidelines
for defendants convicted of peonage,
involuntary servitude, and slave trade offenses
are sufficiently stringent to deter such
offenses and adequately reflect the heinous
nature of such offenses; and
(C) ensure that the guidelines reflect the
general appropriateness of enhanced sentences
for defendants whose peonage, involuntary
servitude, or slave trade offenses involve--
(i) a large number of victims;
(ii) the use or threatened use of a
dangerous weapon; or
(iii) a prolonged period of peonage
or involuntary servitude.
(2) Emergency authority to sentencing commission.--
The Commission shall promulgate the guidelines or
amendments provided for under this subsection as soon
as practicable in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987,
as though the authority under that Act had not expired.
(d) Effective Date.--This section and the amendments made
by this section shall apply with respect to offenses occurring
on or after the date of the enactment of this Act.
SEC. 219. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY.
Section 274 (8 U.S.C. 1324) is amended by adding at the end
thereof the following new subsection:
``(d) Notwithstanding any provision of the Federal Rules of
Evidence, the videotaped (or otherwise audiovisually preserved)
deposition of a witness to a violation of subsection (a) who
has been deported or otherwise expelled from the United States,
or is otherwise unable to testify, may be admitted into
evidence in an action brought for that violation if the witness
was available for cross examination and the deposition
otherwise complies with the Federal Rules of Evidence.''.
SEC. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD ENFORCEMENT.
Section 274C(d)(1) (8 U.S.C. 1324c(d)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph
(A);
(2) by striking the period at the end of
subparagraph (B) and inserting ``, and''; and
(3) by inserting after subparagraph (B) the
following:
``(C) immigration officers designated by
the Commissioner may compel by subpoena the
attendance of witnesses and the production of
evidence at any designated place prior to the
filing of a complaint in a case under paragraph
(2).''.
TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
Subtitle A--Revision of Procedures for Removal of Aliens
SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES WITHOUT
AUTHORIZATION AS NOT ADMITTED.
(a) ``Admission'' Defined.--Paragraph (13) of section
101(a) (8 U.S.C. 1101(a)) is amended to read as follows:
``(13)(A) The terms `admission' and `admitted' mean, with
respect to an alien, the lawful entry of the alien into the
United States after inspection and authorization by an
immigration officer.
``(B) An alien who is paroled under section 212(d)(5) or
permitted to land temporarily as an alien crewman shall not be
considered to have been admitted.
``(C) An alien lawfully admitted for permanent residence in
the United States shall not be regarded as seeking an admission
into the United States for purposes of the immigration laws
unless the alien--
``(i) has abandoned or relinquished that status,
``(ii) has been absent from the United States for a
continuous period in excess of 180 days,
``(iii) has engaged in illegal activity after
having departed the United States,
``(iv) has departed from the United States while
under legal process seeking removal of the alien from
the United States, including removal proceedings under
this Act and extradition proceedings,
``(v) has committed an offense identified in
section 212(a)(2), unless since such offense the alien
has been granted relief under section 212(h) or
240A(a), or
``(vi) is attempting to enter at a time or place
other than as designated by immigration officers or has
not been admitted to the United States after inspection
and authorization by an immigration officer.''.
(b) Inadmissibility of Aliens Previously Removed and
Unlawfully Present.--
(1) In general.--Section 212(a) (8 U.S.C. 1182(a))
is amended by redesignating paragraph (9) as paragraph
(10) and by inserting after paragraph (8) the following
new paragraph:
``(9) Aliens previously removed.--
``(A) Certain aliens previously removed.--
``(i) Arriving aliens.--Any alien
who has been ordered removed under
section 235(b)(1) or at the end of
proceedings under section 240 initiated
upon the alien's arrival in the United
States and who again seeks admission
within 5 years of the date of such
removal (or within 20 years in the case
of a second or subsequent removal or at
any time in the case of an alien
convicted of an aggravated felony) is
inadmissible.
``(ii) Other aliens.--Any alien not
described in clause (i) who--
``(I) has been ordered
removed under section 240 or
any other provision of law, or
``(II) departed the United
States while an order of
removal was outstanding,
and who seeks admission within 10 years
of the date of such alien's departure
or removal (or within 20 years of such
date in the case of a second or
subsequent removal or at any time in
the case of an alien convicted of an
aggravated felony) is inadmissible.
``(iii) Exception.--Clauses (i) and
(ii) shall not apply to an alien
seeking admission within a period if,
prior to the date of the alien's
reembarkation at a place outside the
United States or attempt to be admitted
from foreign contiguous territory, the
Attorney General has consented to the
alien's reapplying for admission.
``(B) Aliens unlawfully present.--
``(i) In general.--Any alien (other
than an alien lawfully admitted for
permanent residence) who--
``(I) was unlawfully
present in the United States
for a period of more than 180
days but less than 1 year,
voluntarily departed the United
States (whether or not pursuant
to section 244(e)) prior to the
commencement of proceedings
under section 235(b)(1) or
section 240, and again seeks
admission within 3 years of the
date of such alien's departure
or removal, or
``(II) has been unlawfully
present in the United States
for one year or more, and who
again seeks admission within 10
years of the date of such
alien's departure or removal
from the United States,
is inadmissible.
``(ii) Construction of unlawful
presence.--For purposes of this
paragraph, an alien is deemed to be
unlawfully present in the United States
if the alien is present in the United
States after the expiration of the
period of stay authorized by the
Attorney General or is present in the
United States without being admitted or
paroled.
``(iii) Exceptions.--
``(I) Minors.--No period of
time in which an alien is under
18 years of age shall be taken
into account in determining the
period of unlawful presence in
the United States under clause
(i).
``(II) Asylees.--No period
of time in which an alien has a
bona fide application for
asylum pending under section
208 shall be taken into account
in determining the period of
unlawful presence in the United
States under clause (i) unless
the alien during such period
was employed without
authorization in the United
States.
``(III) Family unity.--No
period of time in which the
alien is a beneficiary of
family unity protection
pursuant to section 301 of the
Immigration Act of 1990 shall
be taken into account in
determining the period of
unlawful presence in the United
States under clause (i).
``(IV) Battered women and
children.--Clause (i) shall not
apply to an alien who would be
described in paragraph
(6)(A)(ii) if `violation of the
terms of the alien's
nonimmigrant visa' were
substituted for `unlawful entry
into the United States' in
subclause (III) of that
paragraph.
``(iv) Tolling for good cause.--In
the case of an alien who--
``(I) has been lawfully
admitted or paroled into the
United States,
``(II) has filed a
nonfrivolous application for a
change or extension of status
before the date of expiration
of the period of stay
authorized by the Attorney
General, and
``(III) has not been
employed without authorization
in the United States before or
during the pendency of such
application,
the calculation of the period of time
specified in clause (i)(I) shall be
tolled during the pendency of such
application, but not to exceed 120
days.
``(v) Waiver.--The Attorney General
has sole discretion to waive clause (i)
in the case of an immigrant who is the
spouse or son or daughter of a United
States citizen or of an alien lawfully
admitted for permanent residence, if it
is established to the satisfaction of
the Attorney General that the refusal
of admission to such immigrant alien
would result in extreme hardship to the
citizen or lawfully resident spouse or
parent of such alien. No court shall
have jurisdiction to review a decision
or action by the Attorney General
regarding a waiver under this clause.
``(C) Aliens unlawfully present after
previous immigration violations.--
``(i) In general.--Any alien who--
``(I) has been unlawfully
present in the United States
for an aggregate period of more
than 1 year, or
``(II) has been ordered
removed under section
235(b)(1), section 240, or any
other provision of law,
and who enters or attempts to reenter
the United States without being
admitted is inadmissible.
``(ii) Exception.--Clause (i) shall
not apply to an alien seeking admission
more than 10 years after the date of
the alien's last departure from the
United States if, prior to the alien's
reembarkation at a place outside the
United States or attempt to be
readmitted from a foreign contiguous
territory, the Attorney General has
consented to the alien's reapplying for
admission.''.
(2) Limitation on change of status.--Section 248 (8
U.S.C. 1258) is amended by inserting ``and who is not
inadmissible under section 212(a)(9)(B)(i) (or whose
inadmissibility under such section is waived under
section 212(a)(9)(B)(v))'' after ``maintain that
status''.
(3) Treatment of unlawful presence before effective
date.--In applying section 212(a)(9)(B) of the
Immigration and Nationality Act, as inserted by
paragraph (1), no period before the title III-A
effective date shall be included in a period of
unlawful presence in the United States.
(c) Revision to Ground of Inadmissibility for Illegal
Entrants and Immigration Violators.--
(1) In general.--Subparagraphs (A) and (B) of
section 212(a)(6) (8 U.S.C. 1182(a)(6)) are amended to
read as follows:
``(A) Aliens present without admission or
parole.--
``(i) In general.--An alien present
in the United States without being
admitted or paroled, or who arrives in
the United States at any time or place
other than as designated by the
Attorney General, is inadmissible.
``(ii) Exception for certain
battered women and children.--Clause
(i) shall not apply to an alien who
demonstrates that--
``(I) the alien qualifies
for immigrant status under
subparagraph (A)(iii), (A)(iv),
(B)(ii), or (B)(iii) of section
204(a)(1),
``(II)(a) the alien has
been battered or subjected to
extreme cruelty by a spouse or
parent, or by a member of the
spouse's or parent's family
residing in the same household
as the alien and the spouse or
parent consented or acquiesced
to such battery or cruelty, or
(b) the alien's child has been
battered or subjected to
extreme cruelty by a spouse or
parent of the alien (without
the active participation of the
alien in the battery or
cruelty) or by a member of the
spouse's or parent's family
residing in the same household
as the alien when the spouse or
parent consented to or
acquiesced in such battery or
cruelty and the alien did not
actively participate in such
battery or cruelty, and
``(III) there was a
substantial connection between
the battery or cruelty
described in subclause (I) or
(II) and the alien's unlawful
entry into the United States.
``(B) Failure to attend removal
proceeding.--Any alien who without reasonable
cause fails or refuses to attend or remain in
attendance at a proceeding to determine the
alien's inadmissibility or deportability and
who seeks admission to the United States within
5 years of such alien's subsequent departure or
removal is inadmissible. ''.
(2) Transition for battered spouse or child
provision.--The requirements of subclauses (II) and
(III) of section 212(a)(6)(A)(ii) of the Immigration
and Nationality Act, as inserted by paragraph (1),
shall not apply to an alien who demonstrates that the
alien first arrived in the United States before the
title III-A effective date (described in section 309(a)
of this division).
(d) Adjustment in Grounds for Deportation.--Section 241 (8
U.S.C. 1251), before redesignation as section 237 by section
305(a)(2) of this division, is amended--
(1) in the matter before paragraph (1) of
subsection (a), by striking ``in the United States''
and inserting ``in and admitted to the United States'';
(2) in subsection (a)(1), by striking
``Excludable'' each place it appears and inserting
``Inadmissible'';
(3) in subsection (a)(1)(A), by striking
``excludable'' and inserting ``inadmissible''; and
(4) by amending subparagraph (B) of subsection
(a)(1) to read as follows:
``(B) Present in violation of law.--Any
alien who is present in the United States in
violation of this Act or any other law of the
United States is deportable.
SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF INADMISSIBLE
ARRIVING ALIENS; REFERRAL FOR HEARING (REVISED
SECTION 235).
(a) In General.--Section 235 (8 U.S.C. 1225) is amended to
read as follows:
``inspection by immigration officers; expedited removal of inadmissible
arriving aliens; referral for hearing
``Sec. 235. (a) Inspection.--
``(1) Aliens treated as applicants for admission.--
An alien present in the United States who has not been
admitted or who arrives in the United States (whether
or not at a designated port of arrival and including an
alien who is brought to the United States after having
been interdicted in international or United States
waters) shall be deemed for purposes of this Act an
applicant for admission.
``(2) Stowaways.--An arriving alien who is a
stowaway is not eligible to apply for admission or to
be admitted and shall be ordered removed upon
inspection by an immigration officer. Upon such
inspection if the alien indicates an intention to apply
for asylum under section 208 or a fear of persecution,
the officer shall refer the alien for an interview
under subsection (b)(1)(B). A stowaway may apply for
asylum only if the stowaway is found to have a credible
fear of persecution under subsection (b)(1)(B). In no
case may a stowaway be considered an applicant for
admission or eligible for a hearing under section 240.
``(3) Inspection.--All aliens (including alien
crewmen) who are applicants for admission or otherwise
seeking admission or readmission to or transit through
the United States shall be inspected by immigration
officers.
``(4) Withdrawal of application for admission.--An
alien applying for admission may, in the discretion of
the Attorney General and at any time, be permitted to
withdraw the application for admission and depart
immediately from the United States.
``(5) Statements.--An applicant for admission may
be required to state under oath any information sought
by an immigration officer regarding the purposes and
intentions of the applicant in seeking admission to the
United States, including the applicant's intended
length of stay and whether the applicant intends to
remain permanently or become a United States citizen,
and whether the applicant is inadmissible.
``(b) Inspection of Applicants for Admission.--
``(1) Inspection of aliens arriving in the united
states and certain other aliens who have not been
admitted or paroled.--
``(A) Screening.--
``(i) In general.--If an
immigration officer determines that an
alien (other than an alien described in
subparagraph (F)) who is arriving in
the United States or is described in
clause (iii) is inadmissible under
section 212(a)(6)(C) or 212(a)(7), the
officer shall order the alien removed
from the United States without further
hearing or review unless the alien
indicates either an intention to apply
for asylum under section 208 or a fear
of persecution.
``(ii) Claims for asylum.--If an
immigration officer determines that an
alien (other than an alien described in
subparagraph (F)) who is arriving in
the United States or is described in
clause (iii) is inadmissible under
section 212(a)(6)(C) or 212(a)(7) and
the alien indicates either an intention
to apply for asylum under section 208
or a fear of persecution, the officer
shall refer the alien for an interview
by an asylum officer under subparagraph
(B).
``(iii) Application to certain
other aliens.--
``(I) In general.--The
Attorney General may apply
clauses (i) and (ii) of this
subparagraph to any or all
aliens described in subclause
(II) as designated by the
Attorney General. Such
designation shall be in the
sole and unreviewable
discretion of the Attorney
General and may be modified at
any time.
``(II) Aliens described.--
An alien described in this
clause is an alien who is not
described in subparagraph (F),
who has not been admitted or
paroled into the United States,
and who has not affirmatively
shown, to the satisfaction of
an immigration officer, that
the alien has been physically
present in the United States
continuously for the 2-year
period immediately prior to the
date of the determination of
inadmissibility under this
subparagraph.
``(B) Asylum interviews.--
``(i) Conduct by asylum officers.--
An asylum officer shall conduct
interviews of aliens referred under
subparagraph (A)(ii), either at a port
of entry or at such other place
designated by the Attorney General.
``(ii) Referral of certain
aliens.--If the officer determines at
the time of the interview that an alien
has a credible fear of persecution
(within the meaning of clause (v)), the
alien shall be detained for further
consideration of the application for
asylum.
``(iii) Removal without further
review if no credible fear of
persecution.--
``(I) In general.--Subject
to subclause (III), if the
officer determines that an
alien does not have a credible
fear of persecution, the
officer shall order the alien
removed from the United States
without further hearing or
review.
``(II) Record of
determination.--The officer
shall prepare a written record
of a determination under
subclause (I). Such record
shall include a summary of the
material facts as stated by the
applicant, such additional
facts (if any) relied upon by
the officer, and the officer's
analysis of why, in the light
of such facts, the alien has
not established a credible fear
of persecution. A copy of the
officer's interview notes shall
be attached to the written
summary.
``(III) Review of
determination.--The Attorney
General shall provide by
regulation and upon the alien's
request for prompt review by an
immigration judge of a
determination under subclause
(I) that the alien does not
have a credible fear of
persecution. Such review shall
include an opportunity for the
alien to be heard and
questioned by the immigration
judge, either in person or by
telephonic or video connection.
Review shall be concluded as
expeditiously as possible, to
the maximum extent practicable
within 24 hours, but in no case
later than 7 days after the
date of the determination under
subclause (I).
``(IV) Mandatory
detention.--Any alien subject
to the procedures under this
clause shall be detained
pending a final determination
of credible fear of persecution
and, if found not to have such
a fear, until removed.
``(iv) Information about
interviews.--The Attorney General shall
provide information concerning the
asylum interview described in this
subparagraph to aliens who may be
eligible. An alien who is eligible for
such interview may consult with a
person or persons of the alien's
choosing prior to the interview or any
review thereof, according to
regulations prescribed by the Attorney
General. Such consultation shall be at
no expense to the Government and shall
not unreasonably delay the process.
``(v) Credible fear of persecution
defined.--For purposes of this
subparagraph, the term `credible fear
of persecution' means that there is a
significant possibility, taking into
account the credibility of the
statements made by the alien in support
of the alien's claim and such other
facts as are known to the officer, that
the alien could establish eligibility
for asylum under section 208.
``(C) Limitation on administrative
review.--Except as provided in subparagraph
(B)(iii)(III), a removal order entered in
accordance with subparagraph (A)(i) or
(B)(iii)(I) is not subject to administrative
appeal, except that the Attorney General shall
provide by regulation for prompt review of such
an order under subparagraph (A)(i) against an
alien who claims under oath, or as permitted
under penalty of perjury under section 1746 of
title 28, United States Code, after having been
warned of the penalties for falsely making such
claim under such conditions, to have been
lawfully admitted for permanent residence, to
have been admitted as a refugee under section
207, or to have been granted asylum under
section 208.
``(D) Limit on collateral attacks.--In any
action brought against an alien under section
275(a) or section 276, the court shall not have
jurisdiction to hear any claim attacking the
validity of an order of removal entered under
subparagraph (A)(i) or (B)(iii).
``(E) Asylum officer defined.--As used in
this paragraph, the term `asylum officer' means
an immigration officer who--
``(i) has had professional training
in country conditions, asylum law, and
interview techniques comparable to that
provided to full-time adjudicators of
applications under section 208, and
``(ii) is supervised by an officer
who meets the condition described in
clause (i) and has had substantial
experience adjudicating asylum
applications.
``(F) Exception.--Subparagraph (A) shall
not apply to an alien who is a native or
citizen of a country in the Western Hemisphere
with whose government the United States does
not have full diplomatic relations and who
arrives by aircraft at a port of entry.
``(2) Inspection of other aliens.--
``(A) In general.--Subject to subparagraphs
(B) and (C), in the case of an alien who is an
applicant for admission, if the examining
immigration officer determines that an alien
seeking admission is not clearly and beyond a
doubt entitled to be admitted, the alien shall
be detained for a proceeding under section 240.
``(B) Exception.--Subparagraph (A) shall
not apply to an alien--
``(i) who is a crewman,
``(ii) to whom paragraph (1)
applies, or
``(iii) who is a stowaway.
``(C) Treatment of aliens arriving from
contiguous territory.--In the case of an alien
described in subparagraph (A) who is arriving
on land (whether or not at a designated port of
arrival) from a foreign territory contiguous to
the United States, the Attorney General may
return the alien to that territory pending a
proceeding under section 240.
``(3) Challenge of decision.--The decision of the
examining immigration officer, if favorable to the
admission of any alien, shall be subject to challenge
by any other immigration officer and such challenge
shall operate to take the alien whose privilege to be
admitted is so challenged, before an immigration judge
for a proceeding under section 240.
``(c) Removal of Aliens Inadmissible on Security and
Related Grounds.--
``(1) Removal without further hearing.--If an
immigration officer or an immigration judge suspects
that an arriving alien may be inadmissible under
subparagraph (A) (other than clause (ii)), (B), or (C)
of section 212(a)(3), the officer or judge shall--
``(A) order the alien removed, subject to
review under paragraph (2);
``(B) report the order of removal to the
Attorney General; and
``(C) not conduct any further inquiry or
hearing until ordered by the Attorney General.
``(2) Review of order.--(A) The Attorney General
shall review orders issued under paragraph (1).
``(B) If the Attorney General--
``(i) is satisfied on the basis of
confidential information that the alien is
inadmissible under subparagraph (A) (other than
clause (ii)), (B), or (C) of section 212(a)(3),
and
``(ii) after consulting with appropriate
security agencies of the United States
Government, concludes that disclosure of the
information would be prejudicial to the public
interest, safety, or security,
the Attorney General may order the alien removed
without further inquiry or hearing by an immigration
judge.
``(C) If the Attorney General does not order the
removal of the alien under subparagraph (B), the
Attorney General shall specify the further inquiry or
hearing that shall be conducted in the case.
``(3) Submission of statement and information.--The
alien or the alien's representative may submit a
written statement and additional information for
consideration by the Attorney General.
``(d) Authority Relating to Inspections.--
``(1) Authority to search conveyances.--Immigration
officers are authorized to board and search any vessel,
aircraft, railway car, or other conveyance or vehicle
in which they believe aliens are being brought into the
United States.
``(2) Authority to order detention and delivery of
arriving aliens.--Immigration officers are authorized
to order an owner, agent, master, commanding officer,
person in charge, purser, or consignee of a vessel or
aircraft bringing an alien (except an alien crewmember)
to the United States--
``(A) to detain the alien on the vessel or
at the airport of arrival, and
``(B) to deliver the alien to an
immigration officer for inspection or to a
medical officer for examination.
``(3) Administration of oath and consideration of
evidence.--The Attorney General and any immigration
officer shall have power to administer oaths and to
take and consider evidence of or from any person
touching the privilege of any alien or person he
believes or suspects to be an alien to enter, reenter,
transit through, or reside in the United States or
concerning any matter which is material and relevant to
the enforcement of this Act and the administration of
the Service.
``(4) Subpoena authority.--(A) The Attorney General
and any immigration officer shall have power to require
by subpoena the attendance and testimony of witnesses
before immigration officers and the production of
books, papers, and documents relating to the privilege
of any person to enter, reenter, reside in, or pass
through the United States or concerning any matter
which is material and relevant to the enforcement of
this Act and the administration of the Service, and to
that end may invoke the aid of any court of the United
States.
``(B) Any United States district court within the
jurisdiction of which investigations or inquiries are
being conducted by an immigration officer may, in the
event of neglect or refusal to respond to a subpoena
issued under this paragraph or refusal to testify
before an immigration officer, issue an order requiring
such persons to appear before an immigration officer,
produce books, papers, and documents if demanded, and
testify, and any failure to obey such order of the
court may be punished by the court as a contempt
thereof.''.
(b) GAO Study on Operation of Expedited Removal
Procedures.--
(1) Study.--The Comptroller General shall conduct a
study on the implementation of the expedited removal
procedures under section 235(b)(1) of the Immigration
and Nationality Act, as amended by subsection (a). The
study shall examine--
(A) the effectiveness of such procedures in
deterring illegal entry,
(B) the detention and adjudication
resources saved as a result of the procedures,
(C) the administrative and other costs
expended to comply with the provision,
(D) the effectiveness of such procedures in
processing asylum claims by undocumented aliens
who assert a fear of persecution, including the
accuracy of credible fear determinations, and
(E) the cooperation of other countries and
air carriers in accepting and returning aliens
removed under such procedures.
(2) Report.--By not later than 18 months after the
date of the enactment of this Act, the Comptroller
General shall submit to the Committees on the Judiciary
of the House of Representatives and the Senate a report
on the study conducted under paragraph (1).
SEC. 303. APPREHENSION AND DETENTION OF ALIENS (REVISED SECTION 236).
(a) In General.--Section 236 (8 U.S.C. 1226) is amended to
read as follows:
``apprehension and detention of aliens
``Sec. 236. (a) Arrest, Detention, and Release.--On a
warrant issued by the Attorney General, an alien may be
arrested and detained pending a decision on whether the alien
is to be removed from the United States. Except as provided in
subsection (c) and pending such decision, the Attorney
General--
``(1) may continue to detain the arrested alien;
and
``(2) may release the alien on--
``(A) bond of at least $1,500 with security
approved by, and containing conditions
prescribed by, the Attorney General; or
``(B) conditional parole; but
``(3) may not provide the alien with work
authorization (including an `employment authorized'
endorsement or other appropriate work permit), unless
the alien is lawfully admitted for permanent residence
or otherwise would (without regard to removal
proceedings) be provided such authorization.
``(b) Revocation of Bond or Parole.--The Attorney General
at any time may revoke a bond or parole authorized under
subsection (a), rearrest the alien under the original warrant,
and detain the alien.
``(c) Detention of Criminal Aliens.--
``(1) Custody.--The Attorney General shall take
into custody any alien who--
``(A) is inadmissible by reason of having
committed any offense covered in section
212(a)(2),
``(B) is deportable by reason of having
committed any offense covered in section
237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D),
``(C) is deportable under section
237(a)(2)(A)(i) on the basis of an offense for
which the alien has been sentence to a term of
imprisonment of at least 1 year, or
``(D) is inadmissible under section
212(a)(3)(B) or deportable under section
237(a)(4)(B),
when the alien is released, without regard to whether
the alien is released on parole, supervised release, or
probation, and without regard to whether the alien may
be arrested or imprisoned again for the same offense.
``(2) Release.--The Attorney General may release an
alien described in paragraph (1) only if the Attorney
General decides pursuant to section 3521 of title 18,
United States Code, that release of the alien from
custody is necessary to provide protection to a
witness, a potential witness, a person cooperating with
an investigation into major criminal activity, or an
immediate family member or close associate of a
witness, potential witness, or person cooperating with
such an investigation, and the alien satisfies the
Attorney General that the alien will not pose a danger
to the safety of other persons or of property and is
likely to appear for any scheduled proceeding. A
decision relating to such release shall take place in
accordance with a procedure that considers the severity
of the offense committed by the alien.
``(d) Identification of Criminal Aliens.--(1) The Attorney
General shall devise and implement a system--
``(A) to make available, daily (on a 24-hour
basis), to Federal, State, and local authorities the
investigative resources of the Service to determine
whether individuals arrested by such authorities for
aggravated felonies are aliens;
``(B) to designate and train officers and employees
of the Service to serve as a liaison to Federal, State,
and local law enforcement and correctional agencies and
courts with respect to the arrest, conviction, and
release of any alien charged with an aggravated felony;
and
``(C) which uses computer resources to maintain a
current record of aliens who have been convicted of an
aggravated felony, and indicates those who have been
removed.
``(2) The record under paragraph (1)(C) shall be made
available--
``(A) to inspectors at ports of entry and to border
patrol agents at sector headquarters for purposes of
immediate identification of any alien who was
previously ordered removed and is seeking to reenter
the United States, and
``(B) to officials of the Department of State for
use in its automated visa lookout system.
``(3) Upon the request of the governor or chief executive
officer of any State, the Service shall provide assistance to
State courts in the identification of aliens unlawfully present
in the United States pending criminal prosecution.
``(e) Judicial Review.--The Attorney General's
discretionary judgment regarding the application of this
section shall not be subject to review. No court may set aside
any action or decision by the Attorney General under this
section regarding the detention or release of any alien or the
grant, revocation, or denial of bond or parole.''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection
(a) shall become effective on the title III-A effective
date.
(2) Notification regarding custody.--If the
Attorney General, not later than 10 days after the date
of the enactment of this Act, notifies in writing the
Committees on the Judiciary of the House of
Representatives and the Senate that there is
insufficient detention space and Immigration and
Naturalization Service personnel available to carry out
section 236(c) of the Immigration and Nationality Act,
as amended by subsection (a), or the amendments made by
section 440(c) of Public Law 104-132, the provisions in
paragraph (3) shall be in effect for a 1-year period
beginning on the date of such notification, instead of
such section or such amendments. The Attorney General
may extend such 1-year period for an additional year if
the Attorney General provides the same notice not later
than 10 days before the end of the first 1-year period.
After the end of such 1-year or 2-year periods, the
provisions of such section 236(c) shall apply to
individuals released after such periods.
(3) Transition period custody rules.--
(A) In general.--During the period in which
this paragraph is in effect pursuant to
paragraph (2), the Attorney General shall take
into custody any alien who--
(i) has been convicted of an
aggravated felony (as defined under
section 101(a)(43) of the Immigration
and Nationality Act, as amended by
section 321 of this division),
(ii) is inadmissible by reason of
having committed any offense covered in
section 212(a)(2) of such Act,
(iii) is deportable by reason of
having committed any offense covered in
section 241(a)(2)(A)(ii), (A)(iii),
(B), (C), or (D) of such Act (before
redesignation under this subtitle), or
(iv) is inadmissible under section
212(a)(3)(B) of such Act or deportable
under section 241(a)(4)(B) of such Act
(before redesignation under this
subtitle),
when the alien is released, without regard to
whether the alien is released on parole,
supervised release, or probation, and without
regard to whether the alien may be arrested or
imprisoned again for the same offense.
(B) Release.--The Attorney General may
release the alien only if the alien is an alien
described in subparagraph (A)(ii) or (A)(iii)
and--
(i) the alien was lawfully admitted
to the United States and satisfies the
Attorney General that the alien will
not pose a danger to the safety of
other persons or of property and is
likely to appear for any scheduled
proceeding, or
(ii) the alien was not lawfully
admitted to the United States, cannot
be removed because the designated
country of removal will not accept the
alien, and satisfies the Attorney
General that the alien will not pose a
danger to the safety of other persons
or of property and is likely to appear
for any scheduled proceeding.
SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF REMOVAL AND ADJUSTMENT
OF STATUS; VOLUNTARY DEPARTURE (REVISED AND NEW
SECTIONS 239 TO 240C).
(a) In General.--Chapter 4 of title II is amended--
(1) by redesignating section 239 (8 U.S.C. 1229) as
section 234 and by moving such section to immediately
follow section 233;
(2) by redesignating section 240 (8 U.S.C. 1230) as
section 240C; and
(3) by inserting after section 238 the following
new sections:
``initiation of removal proceedings
``Sec. 239. (a) Notice to Appear.--
``(1) In general.--In removal proceedings under
section 240, written notice (in this section referred
to as a `notice to appear') shall be given in person to
the alien (or, if personal service is not practicable,
through service by mail to the alien or to the alien's
counsel of record, if any) specifying the following:
``(A) The nature of the proceedings against
the alien.
``(B) The legal authority under which the
proceedings are conducted.
``(C) The acts or conduct alleged to be in
violation of law.
``(D) The charges against the alien and the
statutory provisions alleged to have been
violated.
``(E) The alien may be represented by
counsel and the alien will be provided (i) a
period of time to secure counsel under
subsection (b)(1) and (ii) a current list of
counsel prepared under subsection (b)(2).
``(F)(i) The requirement that the alien
must immediately provide (or have provided) the
Attorney General with a written record of an
address and telephone number (if any) at which
the alien may be contacted respecting
proceedings under section 240.
``(ii) The requirement that the alien must
provide the Attorney General immediately with a
written record of any change of the alien's
address or telephone number.
``(iii) The consequences under section
240(b)(5) of failure to provide address and
telephone information pursuant to this
subparagraph.
``(G)(i) The time and place at which the
proceedings will be held.
``(ii) The consequences under section
240(b)(5) of the failure, except under
exceptional circumstances, to appear at such
proceedings.
``(2) Notice of change in time or place of
proceedings.--
``(A) In general.--In removal proceedings
under section 240, in the case of any change or
postponement in the time and place of such
proceedings, subject to subparagraph (B) a
written notice shall be given in person to the
alien (or, if personal service is not
practicable, through service by mail to the
alien or to the alien's counsel of record, if
any) specifying--
``(i) the new time or place of the
proceedings, and
``(ii) the consequences under
section 240(b)(5) of failing, except
under exceptional circumstances, to
attend such proceedings.
``(B) Exception.--In the case of an alien
not in detention, a written notice shall not be
required under this paragraph if the alien has
failed to provide the address required under
paragraph (1)(F).
``(3) Central address files.--The Attorney General
shall create a system to record and preserve on a
timely basis notices of addresses and telephone numbers
(and changes) provided under paragraph (1)(F).
``(b) Securing of Counsel.--
``(1) In general.--In order that an alien be
permitted the opportunity to secure counsel before the
first hearing date in proceedings under section 240,
the hearing date shall not be scheduled earlier than 10
days after the service of the notice to appear, unless
the alien requests in writing an earlier hearing date.
``(2) Current lists of counsel.--The Attorney
General shall provide for lists (updated not less often
than quarterly) of persons who have indicated their
availability to represent pro bono aliens in
proceedings under section 240. Such lists shall be
provided under subsection (a)(1)(E) and otherwise made
generally available.
``(3) Rule of construction.--Nothing in this
subsection may be construed to prevent the Attorney
General from proceeding against an alien pursuant to
section 240 if the time period described in paragraph
(1) has elapsed and the alien has failed to secure
counsel.
``(c) Service by Mail.--Service by mail under this section
shall be sufficient if there is proof of attempted delivery to
the last address provided by the alien in accordance with
subsection (a)(1)(F).
``(d) Prompt Initiation of Removal.--(1) In the case of an
alien who is convicted of an offense which makes the alien
deportable, the Attorney General shall begin any removal
proceeding as expeditiously as possible after the date of the
conviction.
``(2) Nothing in this subsection shall be construed to
create any substantive or procedural right or benefit that is
legally enforceable by any party against the United States or
its agencies or officers or any other person.
``removal proceedings
``Sec. 240. (a) Proceeding.--
``(1) In general.--An immigration judge shall
conduct proceedings for deciding the inadmissibility or
deportability of an alien.
``(2) Charges.--An alien placed in proceedings
under this section may be charged with any applicable
ground of inadmissibility under section 212(a) or any
applicable ground of deportability under section
237(a).
``(3) Exclusive procedures.--Unless otherwise
specified in this Act, a proceeding under this section
shall be the sole and exclusive procedure for
determining whether an alien may be admitted to the
United States or, if the alien has been so admitted,
removed from the United States. Nothing in this section
shall affect proceedings conducted pursuant to section
238.
``(b) Conduct of Proceeding.--
``(1) Authority of immigration judge.--The
immigration judge shall administer oaths, receive
evidence, and interrogate, examine, and cross-examine
the alien and any witnesses. The immigration judge may
issue subpoenas for the attendance of witnesses and
presentation of evidence. The immigration judge shall
have authority (under regulations prescribed by the
Attorney General) to sanction by civil money penalty
any action (or inaction) in contempt of the judge's
proper exercise of authority under this Act.
``(2) Form of proceeding.--
``(A) In general.--The proceeding may take
place--
``(i) in person,
``(ii) where agreed to by the
parties, in the absence of the alien,
``(iii) through video conference,
or
``(iv) subject to subparagraph (B),
through telephone conference.
``(B) Consent required in certain cases.--
An evidentiary hearing on the merits may only
be conducted through a telephone conference
with the consent of the alien involved after
the alien has been advised of the right to
proceed in person or through video conference.
``(3) Presence of alien.--If it is impracticable by
reason of an alien's mental incompetency for the alien
to be present at the proceeding, the Attorney General
shall prescribe safeguards to protect the rights and
privileges of the alien.
``(4) Aliens rights in proceeding.--In proceedings
under this section, under regulations of the Attorney
General--
``(A) the alien shall have the privilege of
being represented, at no expense to the
Government, by counsel of the alien's choosing
who is authorized to practice in such
proceedings,
``(B) the alien shall have a reasonable
opportunity to examine the evidence against the
alien, to present evidence on the alien's own
behalf, and to cross-examine witnesses
presented by the Government but these rights
shall not entitle the alien to examine such
national security information as the Government
may proffer in opposition to the alien's
admission to the United States or to an
application by the alien for discretionary
relief under this Act, and
``(C) a complete record shall be kept of
all testimony and evidence produced at the
proceeding.
``(5) Consequences of failure to appear.--
``(A) In general.--Any alien who, after
written notice required under paragraph (1) or
(2) of section 239(a) has been provided to the
alien or the alien's counsel of record, does
not attend a proceeding under this section,
shall be ordered removed in absentia if the
Service establishes by clear, unequivocal, and
convincing evidence that the written notice was
so provided and that the alien is removable (as
defined in subsection (e)(2)). The written
notice by the Attorney General shall be
considered sufficient for purposes of this
subparagraph if provided at the most recent
address provided under section 239(a)(1)(F).
``(B) No notice if failure to provide
address information.--No written notice shall
be required under subparagraph (A) if the alien
has failed to provide the address required
under section 239(a)(1)(F).
``(C) Rescission of order.--Such an order
may be rescinded only--
``(i) upon a motion to reopen filed
within 180 days after the date of the
order of removal if the alien
demonstrates that the failure to appear
was because of exceptional
circumstances (as defined in subsection
(e)(1)), or
``(ii) upon a motion to reopen
filed at any time if the alien
demonstrates that the alien did not
receive notice in accordance with
paragraph (1) or (2) of section 239(a)
or the alien demonstrates that the
alien was in Federal or State custody
and the failure to appear was through
no fault of the alien.
The filing of the motion to reopen described in
clause (i) or (ii) shall stay the removal of
the alien pending disposition of the motion by
the immigration judge.
``(D) Effect on judicial review.--Any
petition for review under section 242 of an
order entered in absentia under this paragraph
shall (except in cases described in section
242(b)(5)) be confined to (i) the validity of
the notice provided to the alien, (ii) the
reasons for the alien's not attending the
proceeding, and (iii) whether or not the alien
is removable.
``(E) Additional application to certain
aliens in contiguous territory.--The preceding
provisions of this paragraph shall apply to all
aliens placed in proceedings under this
section, including any alien who remains in a
contiguous foreign territory pursuant to
section 235(b)(2)(C).
``(6) Treatment of frivolous behavior.--The
Attorney General shall, by regulation--
``(A) define in a proceeding before an
immigration judge or before an appellate
administrative body under this title, frivolous
behavior for which attorneys may be sanctioned,
``(B) specify the circumstances under which
an administrative appeal of a decision or
ruling will be considered frivolous and will be
summarily dismissed, and
``(C) impose appropriate sanctions (which
may include suspension and disbarment) in the
case of frivolous behavior.
Nothing in this paragraph shall be construed as limiting the
authority of the Attorney General to take actions with respect
to inappropriate behavior.
``(7) Limitation on discretionary relief for
failure to appear.--Any alien against whom a final
order of removal is entered in absentia under this
subsection and who, at the time of the notice described
in paragraph (1) or (2) of section 239(a), was provided
oral notice, either in the alien's native language or
in another language the alien understands, of the time
and place of the proceedings and of the consequences
under this paragraph of failing, other than because of
exceptional circumstances (as defined in subsection
(e)(1)) to attend a proceeding under this section,
shall not be eligible for relief under section 240A,
240B, 245, 248, or 249 for a period of 10 years after
the date of the entry of the final order of removal.
``(c) Decision and Burden of Proof.--
``(1) Decision.--
``(A) In general.--At the conclusion of the
proceeding the immigration judge shall decide
whether an alien is removable from the United
States. The determination of the immigration
judge shall be based only on the evidence
produced at the hearing.
``(B) Certain medical decisions.--If a
medical officer or civil surgeon or board of
medical officers has certified under section
232(b) that an alien has a disease, illness, or
addiction which would make the alien
inadmissible under paragraph (1) of section
212(a), the decision of the immigration judge
shall be based solely upon such certification.
``(2) Burden on alien.--In the proceeding the alien
has the burden of establishing--
``(A) if the alien is an applicant for
admission, that the alien is clearly and beyond
doubt entitled to be admitted and is not
inadmissible under section 212; or
``(B) by clear and convincing evidence,
that the alien is lawfully present in the
United States pursuant to a prior admission.
In meeting the burden of proof under subparagraph (B),
the alien shall have access to the alien's visa or
other entry document, if any, and any other records and
documents, not considered by the Attorney General to be
confidential, pertaining to the alien's admission or
presence in the United States.
``(3) Burden on service in cases of deportable
aliens.--
``(A) In general.--In the proceeding the
Service has the burden of establishing by clear
and convincing evidence that, in the case of an
alien who has been admitted to the United
States, the alien is deportable. No decision on
deportability shall be valid unless it is based
upon reasonable, substantial, and probative
evidence.
``(B) Proof of convictions.--In any
proceeding under this Act, any of the following
documents or records (or a certified copy of
such an official document or record) shall
constitute proof of a criminal conviction:
``(i) An official record of
judgment and conviction.
``(ii) An official record of plea,
verdict, and sentence.
``(iii) A docket entry from court
records that indicates the existence of
the conviction.
``(iv) Official minutes of a court
proceeding or a transcript of a court
hearing in which the court takes notice
of the existence of the conviction.
``(v) An abstract of a record of
conviction prepared by the court in
which the conviction was entered, or by
a State official associated with the
State's repository of criminal justice
records, that indicates the charge or
section of law violated, the
disposition of the case, the existence
and date of conviction, and the
sentence.
``(vi) Any document or record
prepared by, or under the direction of,
the court in which the conviction was
entered that indicates the existence of
a conviction.
``(vii) Any document or record
attesting to the conviction that is
maintained by an official of a State or
Federal penal institution, which is the
basis for that institution's authority
to assume custody of the individual
named in the record.
``(C) Electronic records.--In any
proceeding under this Act, any record of
conviction or abstract that has been submitted
by electronic means to the Service from a State
or court shall be admissible as evidence to
prove a criminal conviction if it is--
``(i) certified by a State official
associated with the State's repository
of criminal justice records as an
official record from its repository or
by a court official from the court in
which the conviction was entered as an
official record from its repository,
and
``(ii) certified in writing by a
Service official as having been
received electronically from the
State's record repository or the
court's record repository.
A certification under clause (i) may be by
means of a computer-generated signature and
statement of authenticity.
``(4) Notice.--If the immigration judge decides
that the alien is removable and orders the alien to be
removed, the judge shall inform the alien of the right
to appeal that decision and of the consequences for
failure to depart under the order of removal, including
civil and criminal penalties.
``(5) Motions to reconsider.--
``(A) In general.--The alien may file one
motion to reconsider a decision that the alien
is removable from the United States.
``(B) Deadline.--The motion must be filed
within 30 days of the date of entry of a final
administrative order of removal.
``(C) Contents.--The motion shall specify
the errors of law or fact in the previous order
and shall be supported by pertinent authority.
``(6) Motions to reopen.--
``(A) In general.--An alien may file one
motion to reopen proceedings under this
section.
``(B) Contents.--The motion to reopen shall
state the new facts that will be proven at a
hearing to be held if the motion is granted,
and shall be supported by affidavits or other
evidentiary material.
``(C) Deadline.--
``(i) In general.--Except as
provided in this subparagraph, the
motion to reopen shall be filed within
90 days of the date of entry of a final
administrative order of removal.
``(ii) Asylum.--There is no time
limit on the filing of a motion to
reopen if the basis of the motion is to
apply for relief under sections 208 or
241(b)(3) and is based on changed
country conditions arising in the
country of nationality or the country
to which removal has been ordered, if
such evidence is material and was not
available and would not have been
discovered or presented at the previous
proceeding.
``(iii) Failure to appear.--The
filing of a motion to reopen an order
entered pursuant to subsection (b)(5)
is subject to the deadline specified in
subparagraph (C) of such subsection.
``(d) Stipulated Removal.--The Attorney General shall
provide by regulation for the entry by an immigration judge of
an order of removal stipulated to by the alien (or the alien's
representative) and the Service. A stipulated order shall
constitute a conclusive determination of the alien's
removability from the United States.
``(e) Definitions.--In this section and section 240A:
``(1) Exceptional circumstances.--The term
`exceptional circumstances' refers to exceptional
circumstances (such as serious illness of the alien or
serious illness or death of the spouse, child, or
parent of the alien, but not including less compelling
circumstances) beyond the control of the alien.
``(2) Removable.--The term `removable' means--
``(A) in the case of an alien not admitted
to the United States, that the alien is
inadmissible under section 212, or
``(B) in the case of an alien admitted to
the United States, that the alien is deportable
under section 237.
``cancellation of removal; adjustment of status
``Sec. 240A. (a) Cancellation of Removal for Certain
Permanent Residents.--The Attorney General may cancel removal
in the case of an alien who is inadmissible or deportable from
the United States if the alien--
``(1) has been an alien lawfully admitted for
permanent residence for not less than 5 years,
``(2) has resided in the United States continuously
for 7 years after having been admitted in any status,
and
``(3) has not been convicted of any aggravated
felony.
``(b) Cancellation of Removal and Adjustment of Status for
Certain Nonpermanent Residents.--
``(1) In general.--The Attorney General may cancel
removal in the case of an alien who is inadmissible or
deportable from the United States if the alien--
``(A) has been physically present in the
United States for a continuous period of not
less than 10 years immediately preceding the
date of such application;
``(B) has been a person of good moral
character during such period;
``(C) has not been convicted of an offense
under section 212(a)(2), 237(a)(2), or
237(a)(3); and
``(D) establishes that removal would result
in exceptional and extremely unusual hardship
to the alien's spouse, parent, or child, who is
a citizen of the United States or an alien
lawfully admitted for permanent residence.
``(2) Special rule for battered spouse or child.--
The Attorney General may cancel removal in the case of
an alien who is inadmissible or deportable from the
United States if the alien demonstrates that--
``(A) the alien has been battered or
subjected to extreme cruelty in the United
States by a spouse or parent who is a United
States citizen or lawful permanent resident (or
is the parent of a child of a United States
citizen or lawful permanent resident and the
child has been battered or subjected to extreme
cruelty in the United States by such citizen or
permanent resident parent);
``(B) the alien has been physically present
in the United States for a continuous period of
not less than 3 years immediately preceding the
date of such application;
``(C) the alien has been a person of good
moral character during such period;
``(D) the alien is not inadmissible under
paragraph (2) or (3) of section 212(a), is not
deportable under paragraph (1)(G) or (2)
through (4) of section 237(a), and has not been
convicted of an aggravated felony; and
``(E) the removal would result in extreme
hardship to the alien, the alien's child, or
(in the case of an alien who is a child) to the
alien's parent.
In acting on applications under this paragraph, the
Attorney General shall consider any credible evidence
relevant to the application. The determination of what
evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the
Attorney General.
``(3) Adjustment of status.--The Attorney General
may adjust to the status of an alien lawfully admitted
for permanent residence any alien who the Attorney
General determines meets the requirements of paragraph
(1) or (2). The number of adjustments under this
paragraph shall not exceed 4,000 for any fiscal year.
The Attorney General shall record the alien's lawful
admission for permanent residence as of the date the
Attorney General's cancellation of removal under
paragraph (1) or (2) or determination under this
paragraph.
``(c) Aliens Ineligible for Relief.--The provisions of
subsections (a) and (b)(1) shall not apply to any of the
following aliens:
``(1) An alien who entered the United States as a
crewman subsequent to June 30, 1964.
``(2) An alien who was admitted to the United
States as a nonimmigrant exchange alien as defined in
section 101(a)(15)(J), or has acquired the status of
such a nonimmigrant exchange alien after admission, in
order to receive graduate medical education or
training, regardless of whether or not the alien is
subject to or has fulfilled the two-year foreign
residence requirement of section 212(e).
``(3) An alien who--
``(A) was admitted to the United States as
a nonimmigrant exchange alien as defined in
section 101(a)(15)(J) or has acquired the
status of such a nonimmigrant exchange alien
after admission other than to receive graduate
medical education or training,
``(B) is subject to the two-year foreign
residence requirement of section 212(e), and
``(C) has not fulfilled that requirement or
received a waiver thereof.
``(4) An alien who is inadmissible under section
212(a)(3) or deportable under section 237(a)(4).
``(5) An alien who is described in section
241(b)(3)(B)(i).
``(6) An alien whose removal has previously been
cancelled under this section or whose deportation was
suspended under section 244(a) or who has been granted
relief under section 212(c), as such sections were in
effect before the date of the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996.
``(d) Special Rules Relating to Continuous Residence or
Physical Presence.--
``(1) Termination of continuous period.--For
purposes of this section, any period of continuous
residence or continuous physical presence in the United
States shall be deemed to end when the alien is served
a notice to appear under section 239(a) or when the
alien has committed an offense referred to in section
212(a)(2) that renders the alien inadmissible to the
United States under section 212(a)(2) or removable from
the United States under section 237(a)(2) or 237(a)(4),
whichever is earliest.
``(2) Treatment of certain breaks in presence.--An
alien shall be considered to have failed to maintain
continuous physical presence in the United States under
subsections (b)(1) and (b)(2) if the alien has departed
from the United States for any period in excess of 90
days or for any periods in the aggregate exceeding 180
days.
``(3) Continuity not required because of honorable
service in armed forces and presence upon entry into
service.--The requirements of continuous residence or
continuous physical presence in the United States under
subsections (a) and (b) shall not apply to an alien
who--
``(A) has served for a minimum period of 24
months in an active-duty status in the Armed
Forces of the United States and, if separated
from such service, was separated under
honorable conditions, and
``(B) at the time of the alien's enlistment
or induction was in the United States.
``(e) Annual Limitation.--The Attorney General may not
cancel the removal and adjust the status under this section,
nor suspend the deportation and adjust the status under section
244(a) (as in effect before the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996),
of a total of more than 4,000 aliens in any fiscal year. The
previous sentence shall apply regardless of when an alien
applied for such cancellation and adjustment and whether such
an alien had previously applied for suspension of deportation
under such section 244(a).
``voluntary departure
``Sec. 240B. (a) Certain Conditions.--
``(1) In general.--The Attorney General may permit
an alien voluntarily to depart the United States at the
alien's own expense under this subsection, in lieu of
being subject to proceedings under section 240 or prior
to the completion of such proceedings, if the alien is
not deportable under section 237(a)(2)(A)(iii) or
section 237(a)(4)(B).
``(2) Period.--Permission to depart voluntarily
under this subsection shall not be valid for a period
exceeding 120 days.
``(3) Bond.--The Attorney General may require an
alien permitted to depart voluntarily under this
subsection to post a voluntary departure bond, to be
surrendered upon proof that the alien has departed the
United States within the time specified.
``(4) Treatment of aliens arriving in the united
states.--In the case of an alien who is arriving in the
United States and with respect to whom proceedings
under section 240 are (or would otherwise be) initiated
at the time of such alien's arrival, paragraph (1)
shall not apply. Nothing in this paragraph shall be
construed as preventing such an alien from withdrawing
the application for admission in accordance with
section 235(a)(4).
``(b) At Conclusion of Proceedings.--
``(1) In general.--The Attorney General may permit
an alien voluntarily to depart the United States at the
alien's own expense if, at the conclusion of a
proceeding under section 240, the immigration judge
enters an order granting voluntary departure in lieu of
removal and finds that--
``(A) the alien has been physically present
in the United States for a period of at least
one year immediately preceding the date the
notice to appear was served under section
239(a);
``(B) the alien is, and has been, a person
of good moral character for at least 5 years
immediately preceding the alien's application
for voluntary departure;
``(C) the alien is not deportable under
section 237(a)(2)(A)(iii) or section 237(a)(4);
and
``(D) the alien has established by clear
and convincing evidence that the alien has the
means to depart the United States and intends
to do so.
``(2) Period.--Permission to depart voluntarily
under this subsection shall not be valid for a period
exceeding 60 days.
``(3) Bond.--An alien permitted to depart
voluntarily under this subsection shall be required to
post a voluntary departure bond, in an amount necessary
to ensure that the alien will depart, to be surrendered
upon proof that the alien has departed the United
States within the time specified.
``(c) Aliens Not Eligible.--The Attorney General shall not
permit an alien to depart voluntarily under this section if the
alien was previously permitted to so depart after having been
found inadmissible under section 212(a)(6)(A).
``(d) Civil Penalty for Failure to Depart.--If an alien is
permitted to depart voluntarily under this section and fails
voluntarily to depart the United States within the time period
specified, the alien shall be subject to a civil penalty of not
less than $1,000 and not more than $5,000, and be ineligible
for a period of 10 years for any further relief under this
section and sections 240A, 245, 248, and 249. The order
permitting the alien to depart voluntarily shall inform the
alien of the penalties under this subsection.
``(e) Additional Conditions.--The Attorney General may by
regulation limit eligibility for voluntary departure under this
section for any class or classes of aliens. No court may review
any regulation issued under this subsection.
``(f) Judicial Review.--No court shall have jurisdiction
over an appeal from denial of a request for an order of
voluntary departure under subsection (b), nor shall any court
order a stay of an alien's removal pending consideration of any
claim with respect to voluntary departure.''.
(b) Repeal of Section 212(c).--Section 212(c) (8 U.S.C.
1182(c)) is repealed.
(c) Streamlining Removal of Criminal Aliens.--
(1) In general.--Section 242A(b)(4) (8 U.S.C.
1252a(b)(4)), as amended by section 442(a) of Public
Law 104-132 and before redesignation by section
308(b)(5) of this division, is amended--
(A) by striking subparagraph (D);
(B) by amending subparagraph (E) to read as
follows:
``(D) a determination is made for the
record that the individual upon whom the notice
for the proceeding under this section is served
(either in person or by mail) is, in fact, the
alien named in such notice;''; and
(C) by redesignating subparagraphs (F) and
(G) as subparagraph (E) and (F), respectively.
(2) Effective date.--The amendments made by
paragraph (1) shall be effective as if included in the
enactment of section 442(a) of Public Law 104-132.
SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED (NEW SECTION
241).
(a) In General.--Title II is further amended--
(1) by striking section 237 (8 U.S.C. 1227),
(2) by redesignating section 241 (8 U.S.C. 1251) as
section 237 and by moving such section to immediately
follow section 236, and
(3) by inserting after section 240C (as
redesignated by section 304(a)(2)) of this division the
following new section:
``detention and removal of aliens ordered removed
``Sec. 241. (a) Detention, Release, and Removal of Aliens
Ordered Removed.--
``(1) Removal period.--
``(A) In general.--Except as otherwise
provided in this section, when an alien is
ordered removed, the Attorney General shall
remove the alien from the United States within
a period of 90 days (in this section referred
to as the `removal period').
``(B) Beginning of period.--The removal
period begins on the latest of the following:
``(i) The date the order of removal
becomes administratively final.
``(ii) If the removal order is
judicially reviewed and if a court
orders a stay of the removal of the
alien, the date of the court's final
order.
``(iii) If the alien is detained or
confined (except under an immigration
process), the date the alien is
released from detention or confinement.
``(C) Suspension of period.--The removal
period shall be extended beyond a period of 90
days and the alien may remain in detention
during such extended period if the alien fails
or refuses to make timely application in good
faith for travel or other documents necessary
to the alien's departure or conspires or acts
to prevent the alien's removal subject to an
order of removal.
``(2) Detention.--During the removal period, the
Attorney General shall detain the alien. Under no
circumstance during the removal period shall the
Attorney General release an alien who has been found
inadmissible under section 212(a)(2) or 212(a)(3)(B) or
deportable under section 237(a)(2) or 237(a)(4)(B).
``(3) Supervision after 90-day period.--If the
alien does not leave or is not removed within the
removal period, the alien, pending removal, shall be
subject to supervision under regulations prescribed by
the Attorney General. The regulations shall include
provisions requiring the alien--
``(A) to appear before an immigration
officer periodically for identification;
``(B) to submit, if necessary, to a medical
and psychiatric examination at the expense of
the United States Government;
``(C) to give information under oath about
the alien's nationality, circumstances, habits,
associations, and activities, and other
information the Attorney General considers
appropriate; and
``(D) to obey reasonable written
restrictions on the alien's conduct or
activities that the Attorney General prescribes
for the alien.
``(4) Aliens imprisoned, arrested, or on parole,
supervised release, or probation.--
``(A) In general.--Except as provided in
section 343(a) of the Public Health Service Act
(42 U.S.C. 259(a)) and paragraph (2), the
Attorney General may not remove an alien who is
sentenced to imprisonment until the alien is
released from imprisonment. Parole, supervised
release, probation, or possibility of arrest or
further imprisonment is not a reason to defer
removal.
``(B) Exception for removal of nonviolent
offenders prior to completion of sentence of
imprisonment.--The Attorney General is
authorized to remove an alien in accordance
with applicable procedures under this Act
before the alien has completed a sentence of
imprisonment--
``(i) in the case of an alien in
the custody of the Attorney General, if
the Attorney General determines that
(I) the alien is confined pursuant to a
final conviction for a nonviolent
offense (other than an offense related
to smuggling or harboring of aliens or
an offense described in section
101(a)(43)(B), (C), (E), (I), or (L)
and (II) the removal of the alien is
appropriate and in the best interest of
the United States; or
``(ii) in the case of an alien in
the custody of a State (or a political
subdivision of a State), if the chief
State official exercising authority
with respect to the incarceration of
the alien determines that (I) the alien
is confined pursuant to a final
conviction for a nonviolent offense
(other than an offense described in
section 101(a)(43)(C) or (E)), (II) the
removal is appropriate and in the best
interest of the State, and (III)
submits a written request to the
Attorney General that such alien be so
removed.
``(C) Notice.--Any alien removed pursuant
to this paragraph shall be notified of the
penalties under the laws of the United States
relating to the reentry of deported aliens,
particularly the expanded penalties for aliens
removed under subparagraph (B).
``(D) No private right.--No cause or claim
may be asserted under this paragraph against
any official of the United States or of any
State to compel the release, removal, or
consideration for release or removal of any
alien.
``(5) Reinstatement of removal orders against
aliens illegally reentering.--If the Attorney General
finds that an alien has reentered the United States
illegally after having been removed or having departed
voluntarily, under an order of removal, the prior order
of removal is reinstated from its original date and is
not subject to being reopened or reviewed, the alien is
not eligible and may not apply for any relief under
this Act, and the alien shall be removed under the
prior order at any time after the reentry.
``(6) Inadmissible or criminal aliens.--An alien
ordered removed who is inadmissible under section 212,
removable under section 237(a)(1)(C), 237(a)(2), or
237(a)(4) or who has been determined by the Attorney
General to be a risk to the community or unlikely to
comply with the order of removal, may be detained
beyond the removal period and, if released, shall be
subject to the terms of supervision in paragraph (3).
``(7) Employment authorization.--No alien ordered
removed shall be eligible to receive authorization to
be employed in the United States unless the Attorney
General makes a specific finding that--
``(A) the alien cannot be removed due to
the refusal of all countries designated by the
alien or under this section to receive the
alien, or
``(B) the removal of the alien is otherwise
impracticable or contrary to the public
interest.
``(b) Countries to Which Aliens May Be Removed.--
``(1) Aliens arriving at the united states.--
Subject to paragraph (3)--
``(A) In general.--Except as provided by
subparagraphs (B) and (C), an alien who arrives
at the United States and with respect to whom
proceedings under section 240 were initiated at
the time of such alien's arrival shall be
removed to the country in which the alien
boarded the vessel or aircraft on which the
alien arrived in the United States.
``(B) Travel from contiguous territory.--If
the alien boarded the vessel or aircraft on
which the alien arrived in the United States in
a foreign territory contiguous to the United
States, an island adjacent to the United
States, or an island adjacent to a foreign
territory contiguous to the United States, and
the alien is not a native, citizen, subject, or
national of, or does not reside in, the
territory or island, removal shall be to the
country in which the alien boarded the vessel
that transported the alien to the territory or
island.
``(C) Alternative countries.--If the
government of the country designated in
subparagraph (A) or (B) is unwilling to accept
the alien into that country's territory,
removal shall be to any of the following
countries, as directed by the Attorney General:
``(i) The country of which the
alien is a citizen, subject, or
national.
``(ii) The country in which the
alien was born.
``(iii) The country in which the
alien has a residence.
``(iv) A country with a government
that will accept the alien into the
country's territory if removal to each
country described in a previous clause
of this subparagraph is impracticable,
inadvisable, or impossible.
``(2) Other aliens.--Subject to paragraph (3)--
``(A) Selection of country by alien.--
Except as otherwise provided in this
paragraph--
``(i) any alien not described in
paragraph (1) who has been ordered
removed may designate one country to
which the alien wants to be removed,
and
``(ii) the Attorney General shall
remove the alien to the country the
alien so designates.
``(B) Limitation on designation.--An alien
may designate under subparagraph (A)(i) a
foreign territory contiguous to the United
States, an adjacent island, or an island
adjacent to a foreign territory contiguous to
the United States as the place to which the
alien is to be removed only if the alien is a
native, citizen, subject, or national of, or
has resided in, that designated territory or
island.
``(C) Disregarding designation.--The
Attorney General may disregard a designation
under subparagraph (A)(i) if--
``(i) the alien fails to designate
a country promptly;
``(ii) the government of the
country does not inform the Attorney
General finally, within 30 days after
the date the Attorney General first
inquires, whether the government will
accept the alien into the country;
``(iii) the government of the
country is not willing to accept the
alien into the country; or
``(iv) the Attorney General decides
that removing the alien to the country
is prejudicial to the United States.
``(D) Alternative country.--If an alien is
not removed to a country designated under
subparagraph (A)(i), the Attorney General shall
remove the alien to a country of which the
alien is a subject, national, or citizen unless
the government of the country--
``(i) does not inform the Attorney
General or the alien finally, within 30
days after the date the Attorney
General first inquires or within
another period of time the Attorney
General decides is reasonable, whether
the government will accept the alien
into the country; or
``(ii) is not willing to accept the
alien into the country.
``(E) Additional removal countries.--If an
alien is not removed to a country under the
previous subparagraphs of this paragraph, the
Attorney General shall remove the alien to any
of the following countries:
``(i) The country from which the
alien was admitted to the United
States.
``(ii) The country in which is
located the foreign port from which the
alien left for the United States or for
a foreign territory contiguous to the
United States.
``(iii) A country in which the
alien resided before the alien entered
the country from which the alien
entered the United States.
``(iv) The country in which the
alien was born.
``(v) The country that had
sovereignty over the alien's birthplace
when the alien was born.
``(vi) The country in which the
alien's birthplace is located when the
alien is ordered removed.
``(vii) If impracticable,
inadvisable, or impossible to remove
the alien to each country described in
a previous clause of this subparagraph,
another country whose government will
accept the alien into that country.
``(F) Removal country when united states is
at war.--When the United States is at war and
the Attorney General decides that it is
impracticable, inadvisable, inconvenient, or
impossible to remove an alien under this
subsection because of the war, the Attorney
General may remove the alien--
``(i) to the country that is host
to a government in exile of the country
of which the alien is a citizen or
subject if the government of the host
country will permit the alien's entry;
or
``(ii) if the recognized government
of the country of which the alien is a
citizen or subject is not in exile, to
a country, or a political or
territorial subdivision of a country,
that is very near the country of which
the alien is a citizen or subject, or,
with the consent of the government of
the country of which the alien is a
citizen or subject, to another country.
``(3) Restriction on removal to a country where
alien's life or freedom would be threatened.--
``(A) In general.--Notwithstanding
paragraphs (1) and (2), the Attorney General
may not remove an alien to a country if the
Attorney General decides that the alien's life
or freedom would be threatened in that country
because of the alien's race, religion,
nationality, membership in a particular social
group, or political opinion.
``(B) Exception.--Subparagraph (A) does not
apply to an alien deportable under section
237(a)(4)(D) or if the Attorney General decides
that--
``(i) the alien ordered, incited,
assisted, or otherwise participated in
the persecution of an individual
because of the individual's race,
religion, nationality, membership in a
particular social group, or political
opinion;
``(ii) the alien, having been
convicted by a final judgment of a
particularly serious crime is a danger
to the community of the United States;
``(iii) there are serious reasons
to believe that the alien committed a
serious nonpolitical crime outside the
United States before the alien arrived
in the United States; or
``(iv) there are reasonable grounds
to believe that the alien is a danger
to the security of the United States.
For purposes of clause (ii), an alien who has
been convicted of an aggravated felony (or
felonies) for which the alien has been
sentenced to an aggregate term of imprisonment
of at least 5 years shall be considered to have
committed a particularly serious crime. The
previous sentence shall not preclude the
Attorney General from determining that,
notwithstanding the length of sentence imposed,
an alien has been convicted of a particularly
serious crime. For purposes of clause (iv), an
alien who is described in section 237(a)(4)(B)
shall be considered to be an alien with respect
to whom there are reasonable grounds for
regarding as a danger to the security of the
United States.
``(c) Removal of Aliens Arriving at Port of Entry.--
``(1) Vessels and aircraft.--An alien arriving at a
port of entry of the United States who is ordered
removed either without a hearing under section
235(b)(1) or 235(c) or pursuant to proceedings under
section 240 initiated at the time of such alien's
arrival shall be removed immediately on a vessel or
aircraft owned by the owner of the vessel or aircraft
on which the alien arrived in the United States,
unless--
``(A) it is impracticable to remove the
alien on one of those vessels or aircraft
within a reasonable time, or
``(B) the alien is a stowaway--
``(i) who has been ordered removed
in accordance with section 235(a)(1),
``(ii) who has requested asylum,
and
``(iii) whose application has not
been adjudicated or whose asylum
application has been denied but who has
not exhausted all appeal rights.
``(2) Stay of removal.--
``(A) In general.--The Attorney General may
stay the removal of an alien under this
subsection if the Attorney General decides
that--
``(i) immediate removal is not
practicable or proper; or
``(ii) the alien is needed to
testify in the prosecution of a person
for a violation of a law of the United
States or of any State.
``(B) Payment of detention costs.--During
the period an alien is detained because of a
stay of removal under subparagraph (A)(ii), the
Attorney General may pay from the appropriation
`Immigration and Naturalization Service--
Salaries and Expenses'--
``(i) the cost of maintenance of
the alien; and
``(ii) a witness fee of $1 a day.
``(C) Release during stay.--The Attorney
General may release an alien whose removal is
stayed under subparagraph (A)(ii) on--
``(i) the alien's filing a bond of
at least $500 with security approved by
the Attorney General;
``(ii) condition that the alien
appear when required as a witness and
for removal; and
``(iii) other conditions the
Attorney General may prescribe.
``(3) Costs of detention and maintenance pending
removal.--
``(A) In general.--Except as provided in
subparagraph (B) and subsection (d), an owner
of a vessel or aircraft bringing an alien to
the United States shall pay the costs of
detaining and maintaining the alien--
``(i) while the alien is detained
under subsection (d)(1), and
``(ii) in the case of an alien who
is a stowaway, while the alien is being
detained pursuant to--
``(I) subsection (d)(2)(A)
or (d)(2)(B)(i),
``(II) subsection
(d)(2)(B)(ii) or (iii) for the
period of time reasonably
necessary for the owner to
arrange for repatriation or
removal of the stowaway,
including obtaining necessary
travel documents, but not to
extend beyond the date on which
it is ascertained that such
travel documents cannot be
obtained from the country to
which the stowaway is to be
returned, or
``(III) section
235(b)(1)(B)(ii), for a period
not to exceed 15 days
(excluding Saturdays, Sundays,
and holidays) commencing on the
first such day which begins on
the earlier of 72 hours after
the time of the initial
presentation of the stowaway
for inspection or at the time
the stowaway is determined to
have a credible fear of
persecution.
``(B) Nonapplication.--Subparagraph (A)
shall not apply if--
``(i) the alien is a crewmember;
``(ii) the alien has an immigrant
visa;
``(iii) the alien has a
nonimmigrant visa or other
documentation authorizing the alien to
apply for temporary admission to the
United States and applies for admission
not later than 120 days after the date
the visa or documentation was issued;
``(iv) the alien has a reentry
permit and applies for admission not
later than 120 days after the date of
the alien's last inspection and
admission;
``(v)(I) the alien has a
nonimmigrant visa or other
documentation authorizing the alien to
apply for temporary admission to the
United States or a reentry permit;
``(II) the alien applies for
admission more than 120 days after the
date the visa or documentation was
issued or after the date of the last
inspection and admission under the
reentry permit; and
``(III) the owner of the vessel or
aircraft satisfies the Attorney General
that the existence of the condition
relating to inadmissibility could not
have been discovered by exercising
reasonable care before the alien
boarded the vessel or aircraft; or
``(vi) the individual claims to be
a national of the United States and has
a United States passport.
``(d) Requirements of Persons Providing Transportation.--
``(1) Removal at time of arrival.--An owner, agent,
master, commanding officer, person in charge, purser,
or consignee of a vessel or aircraft bringing an alien
(except an alien crewmember) to the United States
shall--
``(A) receive an alien back on the vessel
or aircraft or another vessel or aircraft owned
or operated by the same interests if the alien
is ordered removed under this part; and
``(B) take the alien to the foreign country
to which the alien is ordered removed.
``(2) Alien stowaways.--An owner, agent, master,
commanding officer, charterer, or consignee of a vessel
or aircraft arriving in the United States with an alien
stowaway--
``(A) shall detain the alien on board the
vessel or aircraft, or at such place as the
Attorney General shall designate, until
completion of the inspection of the alien by an
immigration officer;
``(B) may not permit the stowaway to land
in the United States, except pursuant to
regulations of the Attorney General
temporarily--
``(i) for medical treatment,
``(ii) for detention of the
stowaway by the Attorney General, or
``(iii) for departure or removal of
the stowaway; and
``(C) if ordered by an immigration officer,
shall remove the stowaway on the vessel or
aircraft or on another vessel or aircraft.
The Attorney General shall grant a timely request to
remove the stowaway under subparagraph (C) on a vessel
or aircraft other than that on which the stowaway
arrived if the requester has obtained any travel
documents necessary for departure or repatriation of
the stowaway and removal of the stowaway will not be
unreasonably delayed.
``(3) Removal upon order.--An owner, agent, master,
commanding officer, person in charge, purser, or
consignee of a vessel, aircraft, or other
transportation line shall comply with an order of the
Attorney General to take on board, guard safely, and
transport to the destination specified any alien
ordered to be removed under this Act.
``(e) Payment of Expenses of Removal.--
``(1) Costs of removal at time of arrival.--In the
case of an alien who is a stowaway or who is ordered
removed either without a hearing under section
235(a)(1) or 235(c) or pursuant to proceedings under
section 240 initiated at the time of such alien's
arrival, the owner of the vessel or aircraft (if any)
on which the alien arrived in the United States shall
pay the transportation cost of removing the alien. If
removal is on a vessel or aircraft not owned by the
owner of the vessel or aircraft on which the alien
arrived in the United States, the Attorney General
may--
``(A) pay the cost from the appropriation
`Immigration and Naturalization Service--
Salaries and Expenses'; and
``(B) recover the amount of the cost in a
civil action from the owner, agent, or
consignee of the vessel or aircraft (if any) on
which the alien arrived in the United States.
``(2) Costs of removal to port of removal for
aliens admitted or permitted to land.-- In the case of
an alien who has been admitted or permitted to land and
is ordered removed, the cost (if any) of removal of the
alien to the port of removal shall be at the expense of
the appropriation for the enforcement of this Act.
``(3) Costs of removal from port of removal for
aliens admitted or permitted to land.--
``(A) Through appropriation.--Except as
provided in subparagraph (B), in the case of an
alien who has been admitted or permitted to
land and is ordered removed, the cost (if any)
of removal of the alien from the port of
removal shall be at the expense of the
appropriation for the enforcement of this Act.
``(B) Through owner.--
``(i) In general.--In the case of
an alien described in clause (ii), the
cost of removal of the alien from the
port of removal may be charged to any
owner of the vessel, aircraft, or other
transportation line by which the alien
came to the United States.
``(ii) Aliens described.--An alien
described in this clause is an alien
who--
``(I) is admitted to the
United States (other than
lawfully admitted for permanent
residence) and is ordered
removed within 5 years of the
date of admission based on a
ground that existed before or
at the time of admission, or
``(II) is an alien crewman
permitted to land temporarily
under section 252 and is
ordered removed within 5 years
of the date of landing.
``(C) Costs of removal of certain aliens
granted voluntary departure.--In the case of an
alien who has been granted voluntary departure
under section 240B and who is financially
unable to depart at the alien's own expense and
whose removal the Attorney General deems to be
in the best interest of the United States, the
expense of such removal may be paid from the
appropriation for the enforcement of this Act.
``(f) Aliens Requiring Personal Care During Removal.--
``(1) In general.--If the Attorney General believes
that an alien being removed requires personal care
because of the alien's mental or physical condition,
the Attorney General may employ a suitable person for
that purpose who shall accompany and care for the alien
until the alien arrives at the final destination.
``(2) Costs.--The costs of providing the service
described in paragraph (1) shall be defrayed in the
same manner as the expense of removing the accompanied
alien is defrayed under this section.
``(g) Places of Detention.--
``(1) In general.--The Attorney General shall
arrange for appropriate places of detention for aliens
detained pending removal or a decision on removal. When
United States Government facilities are unavailable or
facilities adapted or suitably located for detention
are unavailable for rental, the Attorney General may
expend from the appropriation `Immigration and
Naturalization Service--Salaries and Expenses', without
regard to section 3709 of the Revised Statutes (41
U.S.C. 5), amounts necessary to acquire land and to
acquire, build, remodel, repair, and operate facilities
(including living quarters for immigration officers if
not otherwise available) necessary for detention.
``(2) Detention facilities of the immigration and
naturalization service.--Prior to initiating any
project for the construction of any new detention
facility for the Service, the Commissioner shall
consider the availability for purchase or lease of any
existing prison, jail, detention center, or other
comparable facility suitable for such use.
``(h) Statutory Construction.--Nothing in this section
shall be construed to create any substantive or procedural
right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any
other person.''.
(b) Reentry of Alien Removed Prior to Completion of Term of
Imprisonment.--Section 276(b) (8 U.S.C. 1326(b)), as amended by
section 321(b) of this division, is amended--
(1) by striking ``or'' at the end of paragraph (2),
(2) by adding ``or'' at the end of paragraph (3),
and
(3) by inserting after paragraph (3) the following
new paragraph:
``(4) who was removed from the United States
pursuant to section 241(a)(4)(B) who thereafter,
without the permission of the Attorney General, enters,
attempts to enter, or is at any time found in, the
United States (unless the Attorney General has
expressly consented to such alien's reentry) shall be
fined under title 18, United States Code, imprisoned
for not more than 10 years, or both.
(c) Miscellaneous Conforming Amendment.--Section 212(a)(4)
(8 U.S.C. 1182(a)(4)), as amended by section 621(a) of this
division, is amended by striking ``241(a)(5)(B)'' each place it
appears and inserting ``237(a)(5)(B)''.
SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SECTION 242).
(a) In General.--Section 242 (8 U.S.C. 1252) is amended--
(1) by redesignating subsection (j) as subsection
(i) and by moving such subsection and adding it at the
end of section 241, as inserted by section 305(a)(3) of
this division; and
(2) by amending the remainder of section 242 to
read as follows:
``judicial review of orders of removal
``Sec. 242. (a) Applicable Provisions.--
``(1) General orders of removal.--Judicial review
of a final order of removal (other than an order of
removal without a hearing pursuant to section
235(b)(1)) is governed only by chapter 158 of title 28
of the United States Code, except as provided in
subsection (b) and except that the court may not order
the taking of additional evidence under section 2347(c)
of such title.
``(2) Matters not subject to judicial review.--
``(A) Review relating to section
235(b)(1).--Notwithstanding any other provision
of law, no court shall have jurisdiction to
review--
``(i) except as provided in
subsection (e), any individual
determination or to entertain any other
cause or claim arising from or relating
to the implementation or operation of
an order of removal pursuant to section
235(b)(1),
``(ii) except as provided in
subsection (e), a decision by the
Attorney General to invoke the
provisions of such section,
``(iii) the application of such
section to individual aliens, including
the determination made under section
235(b)(1)(B), or
``(iv) except as provided in
subsection (e), procedures and policies
adopted by the Attorney General to
implement the provisions of section
235(b)(1).
``(B) Denials of discretionary relief.--
Notwithstanding any other provision of law, no
court shall have jurisdiction to review--
``(i) any judgment regarding the
granting of relief under section
212(h), 212(i), 240A, 240B, or 245, or
``(ii) any other decision or action
of the Attorney General the authority
for which is specified under this title
to be in the discretion of the Attorney
General, other than the granting of
relief under section 208(a).
``(C) Orders against criminal aliens.--
Notwithstanding any other provision of law, no
court shall have jurisdiction to review any
final order of removal against an alien who is
removable by reason of having committed a
criminal offense covered in section 212(a)(2)
or 237(a)(2)(A)(iii), (B), (C), or (D), or any
offense covered by section 237(a)(2)(A)(ii) for
which both predicate offenses are, without
regard to their date of commission, otherwise
covered by section 237(a)(2)(A)(i).
``(3) Treatment of certain decisions.--No alien
shall have a right to appeal from a decision of an
immigration judge which is based solely on a
certification described in section 240(c)(1)(B).
``(b) Requirements for Review of Orders of Removal.--With
respect to review of an order of removal under subsection
(a)(1), the following requirements apply:
``(1) Deadline.--The petition for review must be
filed not later than 30 days after the date of the
final order of removal.
``(2) Venue and forms.--The petition for review
shall be filed with the court of appeals for the
judicial circuit in which the immigration judge
completed the proceedings. The record and briefs do not
have to be printed. The court of appeals shall review
the proceeding on a typewritten record and on
typewritten briefs.
``(3) Service.--
``(A) In general.--The respondent is the
Attorney General. The petition shall be served
on the Attorney General and on the officer or
employee of the Service in charge of the
Service district in which the final order of
removal under section 240 was entered.
``(B) Stay of order.--Service of the
petition on the officer or employee does not
stay the removal of an alien pending the
court's decision on the petition, unless the
court orders otherwise.
``(C) Alien's brief.--The alien shall serve
and file a brief in connection with a petition
for judicial review not later than 40 days
after the date on which the administrative
record is available, and may serve and file a
reply brief not later than 14 days after
service of the brief of the Attorney General,
and the court may not extend these deadlines
except upon motion for good cause shown. If an
alien fails to file a brief within the time
provided in this paragraph, the court shall
dismiss the appeal unless a manifest injustice
would result.
``(4) Scope and standard for review.--Except as
provided in paragraph (5)(B)--
``(A) the court of appeals shall decide the
petition only on the administrative record on
which the order of removal is based,
``(B) the administrative findings of fact
are conclusive unless any reasonable
adjudicator would be compelled to conclude to
the contrary,
``(C) a decision that an alien is not
eligible for admission to the United States is
conclusive unless manifestly contrary to law,
and
``(D) the Attorney General's discretionary
judgment whether to grant relief under section
208(a) shall be conclusive unless manifestly
contrary to the law and an abuse of discretion.
``(5) Treatment of nationality claims.--
``(A) Court determination if no issue of
fact.--If the petitioner claims to be a
national of the United States and the court of
appeals finds from the pleadings and affidavits
that no genuine issue of material fact about
the petitioner's nationality is presented, the
court shall decide the nationality claim.
``(B) Transfer if issue of fact.--If the
petitioner claims to be a national of the
United States and the court of appeals finds
that a genuine issue of material fact about the
petitioner's nationality is presented, the
court shall transfer the proceeding to the
district court of the United States for the
judicial district in which the petitioner
resides for a new hearing on the nationality
claim and a decision on that claim as if an
action had been brought in the district court
under section 2201 of title 28, United States
Code.
``(C) Limitation on determination.--The
petitioner may have such nationality claim
decided only as provided in this paragraph.
``(6) Consolidation with review of motions to
reopen or reconsider.--When a petitioner seeks review
of an order under this section, any review sought of a
motion to reopen or reconsider the order shall be
consolidated with the review of the order.
``(7) Challenge to validity of orders in certain
criminal proceedings.--
``(A) In general.--If the validity of an
order of removal has not been judicially
decided, a defendant in a criminal proceeding
charged with violating section 243(a) may
challenge the validity of the order in the
criminal proceeding only by filing a separate
motion before trial. The district court,
without a jury, shall decide the motion before
trial.
``(B) Claims of united states
nationality.--If the defendant claims in the
motion to be a national of the United States
and the district court finds that--
``(i) no genuine issue of material
fact about the defendant's nationality
is presented, the court shall decide
the motion only on the administrative
record on which the removal order is
based and the administrative findings
of fact are conclusive if supported by
reasonable, substantial, and probative
evidence on the record considered as a
whole; or
``(ii) a genuine issue of material
fact about the defendant's nationality
is presented, the court shall hold a
new hearing on the nationality claim
and decide that claim as if an action
had been brought under section 2201 of
title 28, United States Code.
The defendant may have such nationality claim
decided only as provided in this subparagraph.
``(C) Consequence of invalidation.--If the
district court rules that the removal order is
invalid, the court shall dismiss the indictment
for violation of section 243(a). The United
States Government may appeal the dismissal to
the court of appeals for the appropriate
circuit within 30 days after the date of the
dismissal.
``(D) Limitation on filing petitions for
review.--The defendant in a criminal proceeding
under section 243(a) may not file a petition
for review under subsection (a) during the
criminal proceeding.
``(8) Construction.--This subsection--
``(A) does not prevent the Attorney
General, after a final order of removal has
been issued, from detaining the alien under
section 241(a);
``(B) does not relieve the alien from
complying with section 241(a)(4) and section
243(g); and
``(C) does not require the Attorney General
to defer removal of the alien.
``(9) Consolidation of questions for judicial
review.--Judicial review of all questions of law and
fact, including interpretation and application of
constitutional and statutory provisions, arising from
any action taken or proceeding brought to remove an
alien from the United States under this title shall be
available only in judicial review of a final order
under this section.
``(c) Requirements for Petition.--A petition for review or
for habeas corpus of an order of removal--
``(1) shall attach a copy of such order, and
``(2) shall state whether a court has upheld the
validity of the order, and, if so, shall state the name
of the court, the date of the court's ruling, and the
kind of proceeding.
``(d) Review of Final Orders.--A court may review a final
order of removal only if--
``(1) the alien has exhausted all administrative
remedies available to the alien as of right, and
``(2) another court has not decided the validity of
the order, unless the reviewing court finds that the
petition presents grounds that could not have been
presented in the prior judicial proceeding or that the
remedy provided by the prior proceeding was inadequate
or ineffective to test the validity of the order.
``(e) Judicial Review of Orders Under Section 235(b)(1).--
``(1) Limitations on relief.--Without regard to the
nature of the action or claim and without regard to the
identity of the party or parties bringing the action,
no court may--
``(A) enter declaratory, injunctive, or
other equitable relief in any action pertaining
to an order to exclude an alien in accordance
with section 235(b)(1) except as specifically
authorized in a subsequent paragraph of this
subsection, or
``(B) certify a class under Rule 23 of the
Federal Rules of Civil Procedure in any action
for which judicial review is authorized under a
subsequent paragraph of this subsection.
``(2) Habeas corpus proceedings.--Judicial review
of any determination made under section 235(b)(1) is
available in habeas corpus proceedings, but shall be
limited to determinations of--
``(A) whether the petitioner is an alien,
``(B) whether the petitioner was ordered
removed under such section, and
``(C) whether the petitioner can prove by a
preponderance of the evidence that the
petitioner is an alien lawfully admitted for
permanent residence, has been admitted as a
refugee under section 207, or has been granted
asylum under section 208, such status not
having been terminated, and is entitled to such
further inquiry as prescribed by the Attorney
General pursuant to section 235(b)(1)(C).
``(3) Challenges on validity of the system.--
``(A) In general.--Judicial review of
determinations under section 235(b) and its
implementation is available in an action
instituted in the United States District Court
for the District of Columbia, but shall be
limited to determinations of--
``(i) whether such section, or any
regulation issued to implement such
section, is constitutional; or
``(ii) whether such a regulation,
or a written policy directive, written
policy guideline, or written procedure
issued by or under the authority of the
Attorney General to implement such
section, is not consistent with
applicable provisions of this title or
is otherwise in violation of law.
``(B) Deadlines for bringing actions.--Any
action instituted under this paragraph must be
filed no later than 60 days after the date the
challenged section, regulation, directive,
guideline, or procedure described in clause (i)
or (ii) of subparagraph (A) is first
implemented.
``(C) Notice of appeal.--A notice of appeal
of an order issued by the District Court under
this paragraph may be filed not later than 30
days after the date of issuance of such order.
``(D) Expeditious consideration of cases.--
It shall be the duty of the District Court, the
Court of Appeals, and the Supreme Court of the
United States to advance on the docket and to
expedite to the greatest possible extent the
disposition of any case considered under this
paragraph.
``(4) Decision.--In any case where the court
determines that the petitioner--
``(A) is an alien who was not ordered
removed under section 235(b)(1), or
``(B) has demonstrated by a preponderance
of the evidence that the alien is an alien
lawfully admitted for permanent residence, has
been admitted as a refugee under section 207,
or has been granted asylum under section 208,
the court may order no remedy or relief other
than to require that the petitioner be provided
a hearing in accordance with section 240. Any
alien who is provided a hearing under section
240 pursuant to this paragraph may thereafter
obtain judicial review of any resulting final
order of removal pursuant to subsection (a)(1).
``(5) Scope of inquiry.--In determining whether an
alien has been ordered removed under section 235(b)(1),
the court's inquiry shall be limited to whether such an
order in fact was issued and whether it relates to the
petitioner. There shall be no review of whether the
alien is actually inadmissible or entitled to any
relief from removal.
``(f) Limit on Injunctive Relief.--
``(1) In general.--Regardless of the nature of the
action or claim or of the identity of the party or
parties bringing the action, no court (other than the
Supreme Court) shall have jurisdiction or authority to
enjoin or restrain the operation of the provisions of
chapter 4 of title II, as amended by the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996, other than with respect to the application of
such provisions to an individual alien against whom
proceedings under such chapter have been initiated.
``(2) Particular cases.--Notwithstanding any other
provision of law, no court shall enjoin the removal of
any alien pursuant to a final order under this section
unless the alien shows by clear and convincing evidence
that the entry or execution of such order is prohibited
as a matter of law.
``(g) Exclusive Jurisdiction.--Except as provided in this
section and notwithstanding any other provision of law, no
court shall have jurisdiction to hear any cause or claim by or
on behalf of any alien arising from the decision or action by
the Attorney General to commence proceedings, adjudicate cases,
or execute removal orders against any alien under this Act.''.
(b) Repeal of Section 106.--Section 106 (8 U.S.C. 1105a) is
repealed.
(c) Effective Date.--
(1) In general.--Subject to paragraph (2), the
amendments made by subsections (a) and (b) shall apply
to all final orders of deportation or removal and
motions to reopen filed on or after the date of the
enactment of this Act and subsection (g) of section 242
of the Immigration and Nationality Act (as added by
subsection (a)), shall apply without limitation to
claims arising from all past, pending, or future
exclusion, deportation, or removal proceedings under
such Act.
(2) Limitation.--Paragraph (1) shall not be
considered to invalidate or to require the
reconsideration of any judgment or order entered under
section 106 of the Immigration and Nationality Act, as
amended by section 440 of Public Law 104-132.
(d) Technical Amendment.--Effective as if included in the
enactment of the Antiterrorism and Effective Death Penalty Act
of 1996 (Public Law 104-132), subsections (a), (c), (d), (g),
and (h) of section 440 of such Act are amended by striking
``any offense covered by section 241(a)(2)(A)(ii) for which
both predicate offenses are covered by section
241(a)(2)(A)(i)'' and inserting ``any offense covered by
section 241(a)(2)(A)(ii) for which both predicate offenses are,
without regard to the date of their commission, otherwise
covered by section 241(a)(2)(A)(i)''.
SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED SECTION 243).
(a) In General.--Section 243 (8 U.S.C. 1253) is amended to
read as follows:
``penalties related to removal
``Sec. 243. (a) Penalty for Failure To Depart.--
``(1) In general.--Any alien against whom a final
order of removal is outstanding by reason of being a
member of any of the classes described in section
237(a), who--
``(A) willfully fails or refuses to depart
from the United States within a period of 90
days from the date of the final order of
removal under administrative processes, or if
judicial review is had, then from the date of
the final order of the court,
``(B) willfully fails or refuses to make
timely application in good faith for travel or
other documents necessary to the alien's
departure,
``(C) connives or conspires, or takes any
other action, designed to prevent or hamper or
with the purpose of preventing or hampering the
alien's departure pursuant to such, or
``(D) willfully fails or refuses to present
himself or herself for removal at the time and
place required by the Attorney General pursuant
to such order,
shall be fined under title 18, United States Code, or
imprisoned not more than four years (or 10 years if the
alien is a member of any of the classes described in
paragraph (1)(E), (2), (3), or (4) of section 237(a)),
or both.
``(2) Exception.--It is not a violation of
paragraph (1) to take any proper steps for the purpose
of securing cancellation of or exemption from such
order of removal or for the purpose of securing the
alien's release from incarceration or custody.
``(3) Suspension.--The court may for good cause
suspend the sentence of an alien under this subsection
and order the alien's release under such conditions as
the court may prescribe. In determining whether good
cause has been shown to justify releasing the alien,
the court shall take into account such factors as--
``(A) the age, health, and period of
detention of the alien;
``(B) the effect of the alien's release
upon the national security and public peace or
safety;
``(C) the likelihood of the alien's
resuming or following a course of conduct which
made or would make the alien deportable;
``(D) the character of the efforts made by
such alien himself and by representatives of
the country or countries to which the alien's
removal is directed to expedite the alien's
departure from the United States;
``(E) the reason for the inability of the
Government of the United States to secure
passports, other travel documents, or removal
facilities from the country or countries to
which the alien has been ordered removed; and
``(F) the eligibility of the alien for
discretionary relief under the immigration
laws.
``(b) Willful Failure To Comply with Terms of Release Under
Supervision.--An alien who shall willfully fail to comply with
regulations or requirements issued pursuant to section
241(a)(3) or knowingly give false information in response to an
inquiry under such section shall be fined not more than $1,000
or imprisoned for not more than one year, or both.
``(c) Penalties Relating To Vessels and Aircraft.--
``(1) Civil penalties.--
``(A) Failure to carry out certain
orders.--If the Attorney General is satisfied
that a person has violated subsection (d) or
(e) of section 241, the person shall pay to the
Commissioner the sum of $2,000 for each
violation.
``(B) Failure to remove alien stowaways.--
If the Attorney General is satisfied that a
person has failed to remove an alien stowaway
as required under section 241(d)(2), the person
shall pay to the Commissioner the sum of $5,000
for each alien stowaway not removed.
``(C) No compromise.--The Attorney General
may not compromise the amount of such penalty
under this paragraph.
``(2) Clearing vessels and aircraft.--
``(A) Clearance before decision on
liability.--A vessel or aircraft may be granted
clearance before a decision on liability is
made under paragraph (1) only if a bond
approved by the Attorney General or an amount
sufficient to pay the civil penalty is
deposited with the Commissioner.
``(B) Prohibition on clearance while
penalty unpaid.--A vessel or aircraft may not
be granted clearance if a civil penalty imposed
under paragraph (1) is not paid.
``(d) Discontinuing Granting Visas to Nationals of Country
Denying or Delaying Accepting Alien.--On being notified by the
Attorney General that the government of a foreign country
denies or unreasonably delays accepting an alien who is a
citizen, subject, national, or resident of that country after
the Attorney General asks whether the government will accept
the alien under this section, the Secretary of State shall
order consular officers in that foreign country to discontinue
granting immigrant visas or nonimmigrant visas, or both, to
citizens, subjects, nationals, and residents of that country
until the Attorney General notifies the Secretary that the
country has accepted the alien.''.
SEC. 308. REDESIGNATION AND REORGANIZATION OF OTHER PROVISIONS;
ADDITIONAL CONFORMING AMENDMENTS.
(a) Conforming Amendment to Table of Contents; Overview of
Reorganized Chapters.--The table of contents, as amended by
sections 123(b) and 671(e)(1) of this division, is amended--
(1) by striking the item relating to section 106,
and
(2) by striking the item relating to chapter 4 of
title II and all that follows through the item relating
to section 244A and inserting the following:
``chapter 4--inspection, apprehension, examination, exclusion, and
removal
``Sec. 231. Lists of alien and citizen passengers arriving or departing;
record of resident aliens and citizens leaving permanently for
foreign country.
``Sec. 232. Detention of aliens for physical and mental examination.
``Sec. 233. Entry through or from foreign territory and adjacent
islands; landing stations.
``Sec. 234. Designation of ports of entry for aliens arriving by civil
aircraft.
``Sec. 235. Inspection by immigration officers; expedited removal of
inadmissible arriving aliens; referral for hearing.
``Sec. 235A. Preinspection at foreign airports.
``Sec. 236. Apprehension and detention of aliens not lawfully in the
United States.
``Sec. 237. General classes of deportable aliens.
``Sec. 238. Expedited removal of aliens convicted of committing
aggravated felonies.
``Sec. 239. Initiation of removal proceedings.
``Sec. 240. Removal proceedings.
``Sec. 240A. Cancellation of removal; adjustment of status.
``Sec. 240B. Voluntary departure.
``Sec. 240C. Records of admission.
``Sec. 241. Detention and removal of aliens ordered removed.
``Sec. 242. Judicial review of orders of removal.
``Sec. 243. Penalties relating to removal.
``Sec. 244. Temporary protected status.
``chapter 5--adjustment and change of status''.
(b) Reorganization of Other Provisions.--Chapters 4 and 5
of title II are amended as follows:
(1) Amending chapter heading.--Amend the heading
for chapter 4 of title II to read as follows:
``Chapter 4--Inspection, Apprehension, Examination, Exclusion, and
Removal''.
(2) Redesignating section 232 as section 232(a).--
Amend section 232 (8 U.S.C. 1222)--
(A) by inserting ``(a) Detention of
Aliens.--'' after ``Sec. 232.'', and
(B) by amending the section heading to read
as follows:
``detention of aliens for physical and mental examination''.
(3) Redesignating section 234 as section 232(b).--
Amend section 234 (8 U.S.C. 1224)--
(A) by striking the heading,
(B) by striking ``Sec. 234.'' and inserting
the following: ``(b) Physical and Mental
Examination.--'', and
(C) by moving such provision to the end of
section 232.
(4) Redesignating section 238 as section 233.--
Redesignate section 238 (8 U.S.C. 1228) as section 233
and move the section to immediately follow section 232.
(5) Redesignating section 242a as section 238.--
Redesignate section 242A as section 238, strike
``deportation'' in its heading and insert ``removal'',
and move the section to immediately follow section 237
(as redesignated by section 305(a)(2)).
(6) Striking section 242b.--Strike section 242B (8
U.S.C. 1252b).
(7) Striking section 244 and redesignating section
244a as section 244.--Strike section 244 (8 U.S.C.
1254) and redesignate section 244A as section 244.
(8) Amending chapter heading.--Amend the heading
for chapter 5 of title II to read as follows:
``Chapter 5--Adjustment and Change of Status''.
(c) Additional Conforming Amendments.--
(1) Expedited procedures for aggravated felons
(former section 242a).--Section 238 (which, previous to
redesignation under section 308(b)(5) of this division,
was section 242A) is amended--
(A) in subsection (a)(1), by striking
``section 242'' and inserting ``section 240'';
(B) in subsection (a)(2), by striking
``section 242(a)(2)'' and inserting ``section
236(c)''; and
(C) in subsection (b)(1), by striking
``section 241(a)(2)(A)(iii)'' and inserting
``section 237(a)(2)(A)(iii)''.
(2) Treatment of certain helpless aliens.--
(A) Certification of helpless aliens.--
Section 232 (8 U.S.C. 1222), as amended by
section 308(b)(2) of this division, is further
amended by adding at the end the following new
subsection:
``(c) Certification of Certain Helpless Aliens.--If an
examining medical officer determines that an alien arriving in
the United States is inadmissible, is helpless from sickness,
mental or physical disability, or infancy, and is accompanied
by another alien whose protection or guardianship may be
required, the officer may certify such fact for purposes of
applying section 212(a)(10)(B) with respect to the other
alien.''.
(B) Ground of inadmissibility for
protection and guardianship of aliens denied
admission for health or infancy.--Subparagraph
(B) of section 212(a)(10) (8 U.S.C.
1182(a)(10)), as redesignated by section
301(a)(1) of this division, is amended to read
as follows:
``(B) Guardian required to accompany
helpless alien.--Any alien--
``(i) who is accompanying another
alien who is inadmissible and who is
certified to be helpless from sickness,
mental or physical disability, or
infancy pursuant to section 232(c), and
``(ii) whose protection or
guardianship is determined to be
required by the alien described in
clause (i),
is inadmissible.''.
(3) Contingent consideration in relation to removal
of aliens.--Section 273(a) (8 U.S.C. 1323(a)) is
amended--
(A) by inserting ``(1)'' after ``(a)'', and
(B) by adding at the end the following new
paragraph:
``(2) It is unlawful for an owner, agent, master,
commanding officer, person in charge, purser, or consignee of a
vessel or aircraft who is bringing an alien (except an alien
crewmember) to the United States to take any consideration to
be kept or returned contingent on whether an alien is admitted
to, or ordered removed from, the United States.''.
(4) Clarification.--(A) Section 238(a)(1), which,
previous to redesignation under section 308(b)(5) of
this division, was section 242A(a)(1), is amended by
adding at the end the following: ``Nothing in this
section shall be construed to create any substantive or
procedural right or benefit that is legally enforceable
by any party against the United States or its agencies
or officers or any other person.''.
(B) Section 225 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416)
is amended by striking ``and nothing in'' and all that
follows up to ``shall''.
(d) Additional Conforming Amendments Relating to Exclusion
and Inadmissibility.--
(1) Section 212.--Section 212 (8 U.S.C. 1182(a)) is
amended--
(A) in the heading, by striking ``excluded
from'' and inserting ``ineligible for'';
(B) in the matter in subsection (a) before
paragraph (1), by striking all that follows
``(a)'' and inserting the following: ``Classes
of Aliens Ineligible for Visas or Admission.--
Except as otherwise provided in this Act,
aliens who are inadmissible under the following
paragraphs are ineligible to receive visas and
ineligible to be admitted to the United
States:'';
(C) in subsection (a), by striking ``is
excludable'' and inserting ``is inadmissible''
each place it appears;
(D) in subsections (a)(5)(C) (before
redesignation by section 343(c)(1) of this
division), (d)(1), and (k), by striking
``exclusion'' and inserting
``inadmissibility'';
(E) in subsections (b), (d)(3),
(h)(1)(A)(i), and (k), by striking
``excludable'' each place it appears and
inserting ``inadmissible'';
(F) in subsection (b)(2), by striking ``or
ineligible for entry'';
(G) in subsection (d)(7), by striking
``excluded from'' and inserting ``denied''; and
(H) in subsection (h)(1)(B), by striking
``exclusion'' and inserting ``denial of
admission''.
(2) Section 241.--Section 241 (8 U.S.C. 1251),
before redesignation as section 237 by section
305(a)(2) of this division, is amended--
(A) in subsection (a)(1)(H), by striking
``excludable'' and inserting ``inadmissible'';
(B) in subsection (a)(4)(C)(ii), by
striking ``excludability'' and inserting
``inadmissibility'';
(C) in subsection (c), by striking
``exclusion'' and inserting
``inadmissibility''; and
(D) effective upon enactment of this Act,
by striking subsection (d), as added by section
414(a) of the Antiterrorism and Effective Death
Penalty Act of 1996 (P.L. 104-132).
(3) Other general references.--The following
provisions are amended by striking ``excludability''
and ``excludable'' each place each appears and
inserting ``inadmissibility'' and ``inadmissible'',
respectively:
(A) Sections 101(f)(3), 213, 234 (before
redesignation by section 308(b) of this
division), 241(a)(1) (before redesignation by
section 305(a)(2) of this division), 272(a),
277, 286(h)(2)(A)(v), and 286(h)(2)(A)(vi).
(B) Section 601(c) of the Immigration Act
of 1990.
(C) Section 128 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993
(Public Law 102-138).
(D) Section 1073 of the National Defense
Authorization Act for Fiscal Year 1995 (Public
Law 103-337).
(E) Section 221 of the Immigration and
Nationality Technical Corrections Act of 1994
(Public Law 103-416).
(4) Related terms.--
(A) Section 101(a)(17) (8 U.S.C.
1101(a)(17)) is amended by striking ``or
expulsion'' and inserting ``expulsion, or
removal''.
(B) Section 102 (8 U.S.C. 1102) is amended
by striking ``exclusion or deportation'' and
inserting ``removal''.
(C) Section 103(c)(2) (8 U.S.C. 1103(c)(2))
is amended by striking ``been excluded or
deported'' and inserting ``not been admitted or
have been removed''.
(D) Section 206 (8 U.S.C. 1156) is amended
by striking ``excluded from admission to the
United States and deported'' and inserting
``denied admission to the United States and
removed''.
(E) Section 216(f) (8 U.S.C. 1186a) is
amended by striking ``exclusion'' and inserting
``inadmissibility''.
(F) Section 217 (8 U.S.C. 1187) is amended
by striking ``excluded from admission'' and
inserting ``denied admission at the time of
arrival'' each place it appears.
(G) Section 221(f) (8 U.S.C. 1201) is
amended by striking ``exclude'' and inserting
``deny admission to''.
(H) Section 232(a) (8 U.S.C. 1222(a)), as
redesignated by subsection (b)(2), is amended
by striking ``excluded by'' and ``the excluded
classes'' and inserting ``inadmissible under''
and ``inadmissible classes'', respectively.
(I)(i) Section 272 (8 U.S.C. 1322) is
amended--
(I) by striking ``exclusion'' in
the heading and inserting ``denial of
admission'',
(II) in subsection (a), by striking
``excluding condition'' and inserting
``condition causing inadmissibility'',
and
(III) in subsection (c), by
striking ``excluding''.
(ii) The item in the table of contents
relating to such section is amended by striking
``exclusion'' and inserting ``denial of
admission''.
(J) Section 276(a) (8 U.S.C. 1326(a)) is
amended--
(i) in paragraph (1), as amended by
section 324(a) of this division--
(I) by striking ``arrested
and deported, has been excluded
and deported,'' and inserting
``denied admission, excluded,
deported, or removed'', and
(II) by striking
``exclusion or deportation''
and inserting ``exclusion,
deportation, or removal''; and
(ii) in paragraph (2)(B), by
striking ``excluded and deported'' and
inserting ``denied admission and
removed''.
(K) Section 286(h)(2)(A)(vi) (8 U.S.C.
1356(h)(2)(A)(vi)) is amended by striking
``exclusion'' each place it appears and
inserting ``removal''.
(L) Section 287 (8 U.S.C. 1357) is
amended--
(i) in subsection (a), by striking
``or expulsion'' each place it appears
and inserting ``expulsion, or
removal'', and
(ii) in subsection (c), by striking
``exclusion from'' and inserting
``denial of admission to''.
(M) Section 290(a) (8 U.S.C. 1360(a)) is
amended by striking ``admitted to the United
States, or excluded therefrom'' each place it
appears and inserting ``admitted or denied
admission to the United States''.
(N) Section 291 (8 U.S.C. 1361) is amended
by striking ``subject to exclusion'' and
inserting ``inadmissible'' each place it
appears.
(O) Section 292 (8 U.S.C. 1362) is amended
by striking ``exclusion or deportation'' each
place it appears and inserting ``removal''.
(P) Section 360 (8 U.S.C. 1503) is
amended--
(i) in subsection (a), by striking
``exclusion'' each place it appears and
inserting ``removal'', and
(ii) in subsection (c), by striking
``excluded from'' and inserting
``denied''.
(Q) Section 507(b)(2)(D) (8 U.S.C.
1537(b)(2)(D)) is amended by striking
``exclusion because such alien is excludable''
and inserting ``removal because such alien is
inadmissible''.
(R) Section 301(a)(1) of the Immigration
Act of 1990 is amended by striking
``exclusion'' and inserting
``inadmissibility''.
(S) Section 401(c) of the Refugee Act of
1980 is amended by striking ``deportation or
exclusion'' and inserting ``removal''.
(T) Section 501(e)(2) of the Refugee
Education Assistance Act of 1980 (Public Law
96-422) is amended--
(i) by striking ``exclusion or
deportation'' each place it appears and
inserting ``removal'', and
(ii) by striking ``deportation or
exclusion'' each place it appears and
inserting ``removal''.
(U) Section 4113(c) of title 18, United
States Code, is amended by striking ``exclusion
and deportation'' and inserting ``removal''.
(5) Repeal of superseded provision.--Effective as
of the date of the enactment of the Antiterrorism and
Effective Death Penalty Act of 1996, section 422 of
such Act is repealed and the Immigration and
Nationality Act shall be applied as if such section had
not been enacted.
(e) Revision of Terminology Relating to Deportation.--
(1) Each of the following is amended by striking
``deportation'' each place it appears and inserting
``removal'':
(A) Subparagraphs (A)(iii)(II),
(A)(iv)(II), and (B)(iii)(II) of section
204(a)(1) (8 U.S.C. 1154(a)(1)).
(B) Section 212(d)(1) (8 U.S.C.
1182(d)(1)).
(C) Section 212(d)(11) (8 U.S.C.
1182(d)(11)).
(D) Section 214(k)(4)(C) (8 U.S.C.
1184(k)(4)(C)), as redesignated by section
671(a)(3)(A) of this division.
(E) Section 241(a)(1)(H) (8 U.S.C.
1251(a)(1)(H)), before redesignation as section
237 by section 305(a)(2) of this division.
(F) Section 242A (8 U.S.C. 1252a), before
redesignation as section 238 by subsection
(b)(5).
(G) Subsections (a)(3) and (b)(5)(B) of
section 244A (8 U.S.C. 1254a), before
redesignation as section 244 by subsection
(b)(7).
(H) Section 246(a) (8 U.S.C. 1256(a)).
(I) Section 254 (8 U.S.C. 1284).
(J) Section 263(a)(4) (8 U.S.C.
1303(a)(4)).
(K) Section 276(b) (8 U.S.C. 1326(b)).
(L) Section 286(h)(2)(A)(v) (8 U.S.C.
1356(h)(2)(A)(v)).
(M) Section 287(g) (8 U.S.C. 1357(g)) (as
added by section 122 of this division).
(N) Section 291 (8 U.S.C. 1361).
(O) Section 318 (8 U.S.C. 1429).
(P) Section 130005(a) of the Violent Crime
Control and Law Enforcement Act of 1994 (Public
Law 103-322).
(Q) Section 4113(b) of title 18, United
States Code.
(2) Each of the following is amended by striking
``deported'' each place it appears and inserting
``removed'':
(A) Section 212(d)(7) (8 U.S.C.
1182(d)(7)).
(B) Section 214(d) (8 U.S.C. 1184(d)).
(C) Section 241(a) (8 U.S.C. 1251(a)),
before redesignation as section 237 by section
305(a)(2) of this division.
(D) Section 242A(c)(2)(D)(iv) (8 U.S.C.
1252a(c)(2)(D)(iv)), as amended by section
671(b)(13) of this division but before
redesignation as section 238 by subsection
(b)(5).
(E) Section 252(b) (8 U.S.C. 1282(b)).
(F) Section 254 (8 U.S.C. 1284).
(G) Subsections (b) and (c) of section 266
(8 U.S.C. 1306).
(H) Section 301(a)(1) of the Immigration
Act of 1990.
(I) Section 4113 of title 18, United States
Code.
(3) Section 101(g) (8 U.S.C. 1101(g)) is amended by
inserting ``or removed'' after ``deported'' each place
it appears.
(4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is
amended by striking ``suspension of deportation'' and
inserting ``cancellation of removal''.
(5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D))
is amended by striking ``deportation is suspended'' and
inserting ``removal is canceled''.
(6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B))
is amended by striking ``deportation against'' and
inserting ``removal of''.
(7) Subsections (b)(2), (c)(2)(B), (c)(3)(D),
(c)(4)(A), and (d)(2)(C) of section 216 (8 U.S.C.
1186a) are each amended by striking ``deportation'',
``deportation'', ``deport'', and ``deported'' each
place each appears and inserting ``removal'',
``removal'', ``remove'', and ``removed'', respectively.
(8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and
(d)(2)(C) of section 216A (8 U.S.C. 1186b) are each
amended by striking ``deportation'', ``deportation'',
``deport'', and ``deported'' and inserting ``removal'',
``removal'', ``remove'', and ``removed'', respectively.
(9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is
amended by striking ``deportation against'' and
inserting ``removal of''.
(10) Section 242A (8 U.S.C. 1252a), before
redesignation as section 238 by subsection (b)(6), is
amended, in the headings to various subdivisions, by
striking ``Deportation'' and ``deportation'' and
inserting ``Removal'' and ``removal'', respectively.
(11) Section 244A(a)(1)(A) (8 U.S.C.
1254a(a)(1)(A)), before redesignation as section 244 by
subsection (b)(8), is amended--
(A) in subsection (a)(1)(A), by striking
``deport'' and inserting ``remove'', and
(B) in subsection (e), by striking
``Suspension of Deportation'' and inserting
``Cancellation of Removal''.
(12) Section 254 (8 U.S.C. 1284) is amended by
striking ``deport'' each place it appears and inserting
``remove''.
(13) Section 273(d) (8 U.S.C. 1323(d)) is repealed.
(14)(A) Section 276 (8 U.S.C. 1326) is amended by
striking ``deported'' and inserting ``removed''.
(B) The item in the table of contents relating to
such section is amended by striking ``deported'' and
inserting ``removed''.
(15) Section 318 (8 U.S.C. 1429) is amended by
striking ``suspending'' and inserting ``canceling''.
(16) Section 301(a) of the Immigration Act of 1990
is amended by striking ``Deportation'' and inserting
``Removal''.
(17) The heading of section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322) is amended by striking ``DEPORTATION'' and
inserting ``REMOVAL''.
(18) Section 9 of the Peace Corps Act (22 U.S.C.
2508) is amended by striking ``deported'' and all that
follows through ``Deportation'' and inserting ``removed
pursuant to chapter 4 of title II of the Immigration
and Nationality Act''.
(19) Section 8(c) of the Foreign Agents
Registration Act (22 U.S.C. 618(c)) is amended by
striking ``deportation'' and all that follows and
inserting ``removal pursuant to chapter 4 of title II
of the Immigration and Nationality Act.''.
(f) Revision of References to Entry.--
(1) The following provisions are amended by
striking ``entry'' and inserting ``admission'' each
place it appears:
(A) Section 101(a)(15)(K) (8 U.S.C.
1101(a)(15)(K)).
(B) Section 101(a)(30) (8 U.S.C.
1101(a)(30)).
(C) Section 212(a)(2)(D) (8 U.S.C.
1182(a)(2)(D)).
(D) Section 212(a)(6)(C)(i) (8 U.S.C.
1182(a)(6)(C)(i)).
(E) Section 212(h)(1)(A)(i) (8 U.S.C.
1182(h)(1)(A)(i)).
(F) Section 212(j)(1)(D) (8 U.S.C.
1182(j)(1)(D)).
(G) Section 214(c)(2)(A) (8 U.S.C.
1184(c)(2)(A)).
(H) Section 214(d) (8 U.S.C. 1184(d)).
(I) Section 216(b)(1)(A)(i) (8 U.S.C.
1186a(b)(1)(A)(i)).
(J) Section 216(d)(1)(A)(i)(III) (8 U.S.C.
1186a(d)(1)(A)(i)(III)).
(K) Subsection (b) of section 240 (8 U.S.C.
1230), before redesignation as section 240C by
section 304(a)(2) of this division.
(L) Subsection (a)(1)(G) of section 241 (8
U.S.C. 1251), before redesignation as section
237 by section 305(a)(2) of this division.
(M) Subsection (a)(1)(H) of section 241 (8
U.S.C. 1251), before redesignation as section
237 by section 305(a)(2) of this division,
other than the last time it appears.
(N) Paragraphs (2) and (4) of subsection
(a) of section 241 (8 U.S.C. 1251), before
redesignation as section 237 by section
305(a)(2) of this division.
(O) Section 245(e)(3) (8 U.S.C.
1255(e)(3)).
(P) Section 247(a) (8 U.S.C. 1257(a)).
(Q) Section 601(c)(2) of the Immigration
Act of 1990.
(2) The following provisions are amended by
striking ``enter'' and inserting ``be admitted'':
(A) Section 204(e) (8 U.S.C. 1154(e)).
(B) Section 221(h) (8 U.S.C. 1201(h)).
(C) Section 245(e)(2) (8 U.S.C.
1255(e)(2)).
(3) The following provisions are amended by
striking ``enters'' and inserting ``is admitted to'':
(A) Section 212(j)(1)(D)(ii) (8 U.S.C.
1154(e)).
(B) Section 214(c)(5)(B) (8 U.S.C.
1184(c)(5)(B)).
(4) Subsection (a) of section 238 (8 U.S.C. 1228),
before redesignation as section 233 by section
308(b)(4) of this division, is amended by striking
``entry and inspection'' and inserting ``inspection and
admission''.
(5) Subsection (a)(1)(H)(ii) of section 241 (8
U.S.C. 1251), before redesignation as section 237 by
section 305(a)(2) of this division, is amended by
striking ``at entry''.
(6) Section 7 of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 403h) is amended by striking
``that the entry'', ``given entry into'', and
``entering'' and inserting ``that the admission'',
``admitted to'', and ``admitted to''.
(7) Section 4 of the Atomic Weapons and Special
Nuclear Materials Rewards Act (50 U.S.C. 47c) is
amended by striking ``entry'' and inserting
``admission''.
(g) Conforming References to Reorganized Sections.--
(1) References to sections 232, 234, 238, 239, 240,
241, 242a, and 244a.--Any reference in law in effect on
the day before the date of the enactment of this Act to
section 232, 234, 238, 239, 240, 241, 242A, or 244A of
the Immigration and Nationality Act (or a subdivision
of such section) is deemed, as of the title III-A
effective date, to refer to section 232(a), 232(b),
233, 234, 234A, 237, 238, or 244 of such Act (or the
corresponding subdivision of such section), as
redesignated by this subtitle. Any reference in law to
section 241 (or a subdivision of such section) of the
Immigration and Nationality Act in an amendment made by
a subsequent subtitle of this title is deemed a
reference (as of the title III-A effective date) to
section 237 (or the corresponding subdivision of such
section), as redesignated by this subtitle.
(2) References to section 106.--
(A) Sections 242A(b)(3) and
242A(c)(3)(A)(ii) (8 U.S.C. 1252a(b)(3),
1252a(c)(3)(A)(ii)), as amended by section
671(b)(13) of this division but before
redesignation as section 238 by subsection
(b)(5), are each amended by striking ``106''
and inserting ``242''.
(B) Sections 210(e)(3)(A) and 245A(f)(4)(A)
(8 U.S.C. 1160(e)(3)(A), 1255a(f)(4)(A)) are
amended by inserting ``(as in effect before
October 1, 1996)'' after ``106''.
(C) Section 242A(c)(3)(A)(iii) (8 U.S.C.
1252a(c)(3)(A)(iii)), as amended by section
671(b)(13) of this division but before
redesignation as section 238 by subsection
(b)(5), is amended by striking ``106(a)(1)''
and inserting ``242(b)(1)''.
(3) References to section 236.--
(A) Sections 205 and 209(a)(1) (8 U.S.C.
1155, 1159(a)(1)) are each amended by striking
``236'' and inserting ``240''.
(B) Section 4113(c) of title 18, United
States Code, is amended by striking ``1226 of
title 8, United States Code'' and inserting
``240 of the Immigration and Nationality Act''.
(4) References to section 237.--
(A) Section 209(a)(1) (8 U.S.C. 1159(a)(1))
is amended by striking ``237'' and inserting
``241''.
(B) Section 212(d)(7) (8 U.S.C. 1182(d)(7))
is amended by striking ``237(a)'' and inserting
``241(c)''.
(C) Section 280(a) (8 U.S.C. 1330(a)) is
amended by striking ``237, 239, 243'' and
inserting ``234, 243(c)(2)''.
(5) References to section 242.--
(A)(i) Sections 214(d), 252(b), and
287(f)(1) (8 U.S.C. 1184(d), 1282(b),
1357(f)(1)) are each amended by striking
``242'' and inserting ``240''.
(ii) Subsection (c)(4) of section 242A (8
U.S.C. 1252a), as amended by section 671(b)(13)
of this division but before redesignation as
section 238 by subsection (b)(5), are each
amended by striking ``242'' and inserting
``240''.
(iii) Section 245A(a)(1)(B) (8 U.S.C.
1255a(a)(1)(B)) is amended by inserting ``(as
in effect before October 1, 1996)'' after
``242''.
(iv) Section 4113 of title 18, United
States Code, is amended--
(I) in subsection (a), by striking
``section 1252(b) or section 1254(e) of
title 8, United States Code,'' and
inserting ``section 240B of the
Immigration and Nationality Act''; and
(II) in subsection (b), by striking
``section 1252 of title 8, United
States Code,'' and inserting ``section
240 of the Immigration and Nationality
Act''.
(B) Section 130002(a) of Public Law 103-
322, as amended by section 345 of this
division, is amended by striking
``242(a)(3)(A)'' and inserting ``236(d)''.
(C) Section 242A(b)(1) (8 U.S.C.
1252a(b)(1)), before redesignation as section
238 by section 308(b)(5) of this division, is
amended by striking ``242(b)'' and inserting
``240''.
(D) Section 242A(c)(2)(D)(ii) (8 U.S.C.
1252a(c)(2)(D)(ii)), as amended by section
671(b)(13) of this division but before
redesignation as section 238 by subsection
(b)(5), is amended by striking ``242(b)'' and
inserting ``240''.
(E) Section 1821(e) of title 28, United
States Code, is amended by striking ``242(b)''
and inserting ``240''.
(F) Section 130007(a) of Public Law 103-322
is amended by striking ``242(i)'' and inserting
``239(d)''.
(G) Section 20301(c) of Public Law 103-322
is amended by striking ``242(j)(5)'' and
``242(j)'' and inserting ``241(h)(5)'' and
``241(h)'', respectively.
(6) References to section 242b.--
(A) Section 303(d)(2) of the Immigration
Act of 1990 is amended by striking ``242B'' and
inserting ``240(b)(5)''.
(B) Section 545(g)(1)(B) of the Immigration
Act of 1990 is amended by striking
``242B(a)(4)'' and inserting ``239(a)(4)''.
(7) References to section 243.--
(A) Section 214(d) (8 U.S.C. 1184(d)) is
amended by striking ``243'' and inserting
``241''.
(B) Section 504(k)(2) (8 U.S.C. 1534(k)(2))
is amended by striking ``withholding of
deportation under section 243(h)'' and
inserting ``by withholding of removal under
section 241(b)(3)''.
(C)(i) Section 315(c) of the Immigration
Reform and Control Act of 1986 is amended by
striking ``243(g)'' and ``1253(g)''and
inserting ``243(d)'' and ``1253(d)''
respectively.
(ii) Section 702(b) of the Departments of
Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1988
is amended by striking ``243(g)'' and inserting
``243(d)''.
(iii) Section 903(b) of Public Law 100-204
is amended by striking ``243(g)'' and inserting
``243(d)''.
(D)(i) Section 6(f)(2)(F) of the Food Stamp
Act of 1977 (7 U.S.C. 2015(f)(2)(F)) is amended
by striking ``243(h)'' and inserting
``241(b)(3)''.
(ii) Section 214(a)(5) of the Housing and
Community Development Act of 1980 (42 U.S.C.
1436a(a)(5)) is amended by striking ``243(h)''
and inserting ``241(b)(3)''.
(E)(i) Subsection (c)(2)(B)(ii) of section
244A (8 U.S.C. 1254a), before redesignated as
section 244 by section 308(b)(7), is amended by
striking ``243(h)(2)'' and inserting
``208(b)(2)(A)''.
(ii) Section 301(e)(2) of the Immigration
Act of 1990 is amended by striking
``243(h)(2)'' and inserting ``208(b)(2)(A)''.
(F) Section 316(f) (8 U.S.C. 1427(f)) is
amended by striking ``subparagraphs (A) through
(D) of paragraph 243(h)(2)'' and inserting
``clauses (i) through (v) of section
208(b)(2)(A)''.
(8) References to section 244.--
(A)(i) Section 201(b)(1)(D) (8 U.S.C.
1151(b)(1)(D)) and subsection (e) of section
244A (8 U.S.C. 1254a), before redesignation as
section 244 by section 308(b)(7) of this
division, are each amended by striking
``244(a)'' and inserting ``240A(a)''.
(ii) Section 304(c)(1)(B) of the
Miscellaneous and Technical Immigration and
Naturalization Amendments of 1991 (Public Law
102-232) is amended by striking ``244(a)'' and
inserting ``240A(a)''.
(B) Section 504(k)(3) (8 U.S.C. 1534(k)(3))
is amended by striking ``suspension of
deportation under subsection (a) or (e) of
section 244'' and inserting ``cancellation of
removal under section 240A''.
(C) Section 304(c)(1)(B) of the
Miscellaneous and Technical Immigration and
Naturalization Amendments of 1991 (Public Law
102-232) is amended by striking ``244(b)(2)''
and inserting ``240A(b)(2)''.
(D) Section 364(a)(2) of this division is
amended by striking ``244(a)(3)'' and inserting
``240A(a)(3)''.
(E) Section 431(c)(1)(B)(iii) of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, as added by section
501 of this division, is amended by striking
``suspension of deportation and adjustment of
status pursuant to section 244(a)(3) of such
Act'' and inserting ``cancellation of removal
under section 240A of such Act''.
(9) References to chapter 5.--
(A) Sections 266(b), 266(c), and 291 (8
U.S.C. 1306(b), 1306(c), 1361) are each amended
by striking ``chapter 5'' and inserting
``chapter 4''.
(B) Section 6(b) of the Act of August 1,
1956 (50 U.S.C. 855(b)) is amended by striking
``chapter 5, title II, of the Immigration and
Nationality Act (66 Stat. 163)'' and inserting
``chapter 4 of title II of the Immigration and
Nationality Act''.
(10) Miscellaneous cross-reference corrections for
newly added provisions.--
(A) Section 212(h), as amended by section
301(h) of this division, is amended by striking
``section 212(c)'' and inserting ``paragraphs
(1) and (2) of section 240A(a)''.
(B) Section 245(c)(6), as amended by
section 332(d) of this division, is amended by
striking ``241(a)(4)(B)'' and inserting
``237(a)(4)(B)''.
(C) Section 249(d), as amended by section
332(e) of this division, is amended by striking
``241(a)(4)(B)'' and inserting
``237(a)(4)(B)''.
(D) Section 274C(d)(7), as added by section
212(d) of this division, is amended by striking
``withholding of deportation under section
243(h)'' and inserting ``withholding of removal
under section 241(b)(3)''.
(E) Section 3563(b)(21) of title 18, United
States Code, as inserted by section 374(b) of
this division, is amended by striking
``242A(d)(5)'' and inserting ``238(d)(5)''.
(F) Section 130007(a) of the Violent Crime
Control and Law Enforcement Act of 1994 (Public
Law 103-322), as amended by section 671(a)(6)
of this division, is amended by striking
``242A(a)(3)'' and inserting ``238(a)(3)''.
(G) Section 386(b) of this division is
amended by striking ``excludable'' and
``excludable'' and inserting ``inadmissible''
and ``inadmissible'', respectively, each place
each appears.
(H) Subsections (a), (c), (d), (g), and (h)
of section 440 of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law
104-132), as amended by section 306(d) of this
division, are amended by striking
``241(a)(2)(A)(ii)'' and ``241(a)(2)(A)(i)''
and inserting ``237(a)(2)(A)(ii)'' and
``237(a)(2)(A)(i)'', respectively.
SEC. 309. EFFECTIVE DATES; TRANSITION.
(a) In General.--Except as provided in this section and
sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5) of this
division, this subtitle and the amendments made by this
subtitle shall take effect on the first day of the first month
beginning more than 180 days after the date of the enactment of
this Act (in this title referred to as the ``title III-A
effective date'').
(b) Promulgation of Regulations.--The Attorney General
shall first promulgate regulations to carry out this subtitle
by not later than 30 days before the title III-A effective
date.
(c) Transition for Aliens in Proceedings.--
(1) General rule that new rules do not apply.--
Subject to the succeeding provisions of this
subsection, in the case of an alien who is in exclusion
or deportation proceedings as of the title III-A
effective date--
(A) the amendments made by this subtitle
shall not apply, and
(B) the proceedings (including judicial
review thereof) shall continue to be conducted
without regard to such amendments.
(2) Attorney general option to elect to apply new
procedures.--In a case described in paragraph (1) in
which an evidentiary hearing under section 236 or 242
and 242B of the Immigration and Nationality Act has not
commenced as of the title III-A effective date, the
Attorney General may elect to proceed under chapter 4
of title II of such Act (as amended by this subtitle).
The Attorney General shall provide notice of such
election to the alien involved not later than 30 days
before the date any evidentiary hearing is commenced.
If the Attorney General makes such election, the notice
of hearing provided to the alien under section 235 or
242(a) of such Act shall be valid as if provided under
section 239 of such Act (as amended by this subtitle)
to confer jurisdiction on the immigration judge.
(3) Attorney general option to terminate and
reinitiate proceedings.--In the case described in
paragraph (1), the Attorney General may elect to
terminate proceedings in which there has not been a
final administrative decision and to reinitiate
proceedings under chapter 4 of title II the Immigration
and Nationality Act (as amended by this subtitle). Any
determination in the terminated proceeding shall not be
binding in the reinitiated proceeding.
(4) Transitional changes in judicial review.--In
the case described in paragraph (1) in which a final
order of exclusion or deportation is entered more than
30 days after the date of the enactment of this Act,
notwithstanding any provision of section 106 of the
Immigration and Nationality Act (as in effect as of the
date of the enactment of this Act) to the contrary--
(A) in the case of judicial review of a
final order of exclusion, subsection (b) of
such section shall not apply and the action for
judicial review shall be governed by the
provisions of subsections (a) and (c) of such
in the same manner as they apply to judicial
review of orders of deportation;
(B) a court may not order the taking of
additional evidence under section 2347(c) of
title 28, United States Code;
(C) the petition for judicial review must
be filed not later than 30 days after the date
of the final order of exclusion or deportation;
(D) the petition for review shall be filed
with the court of appeals for the judicial
circuit in which the administrative proceedings
before the special inquiry officer or
immigration judge were completed;
(E) there shall be no appeal of any
discretionary decision under section 212(c),
212(h), 212(i), 244, or 245 of the Immigration
and Nationality Act (as in effect as of the
date of the enactment of this Act);
(F) service of the petition for review
shall not stay the deportation of an alien
pending the court's decision on the petition,
unless the court orders otherwise; and
(G) there shall be no appeal permitted in
the case of an alien who is inadmissible or
deportable by reason of having committed a
criminal offense covered in section 212(a)(2)
or section 241(a)(2)(A)(iii), (B), (C), or (D)
of the Immigration and Nationality Act (as in
effect as of the date of the enactment of this
Act), or any offense covered by section
241(a)(2)(A)(ii) of such Act (as in effect on
such date) for which both predicate offenses
are, without regard to their date of
commission, otherwise covered by section
241(a)(2)(A)(i) of such Act (as so in effect).
(5) Transitional rule with regard to suspension of
deportation.--Paragraphs (1) and (2) of section 240A(d)
of the Immigration and Nationality Act (relating to
continuous residence or physical presence) shall apply
to notices to appear issued before, on, or after the
date of the enactment of this Act.
(6) Transition for certain family unity aliens.--
The Attorney General may waive the application of
section 212(a)(9) of the Immigration and Nationality
Act, as inserted by section 301(b)(1) of this division,
in the case of an alien who is provided benefits under
the provisions of section 301 of the Immigration Act of
1990 (relating to family unity).
(7) Limitation on suspension of deportation.--The
Attorney General may not suspend the deportation and
adjust the status under section 244 of the Immigration
and Nationality Act of more than 4,000 aliens in any
fiscal year (beginning after the date of the enactment
of this Act). The previous sentence shall apply
regardless of when an alien applied for such suspension
and adjustment.
(d) Transitional References.--For purposes of carrying out
the Immigration and Nationality Act, as amended by this
subtitle--
(1) any reference in section 212(a)(1)(A) of such
Act to the term ``inadmissible'' is deemed to include a
reference to the term ``excludable'', and
(2) any reference in law to an order of removal
shall be deemed to include a reference to an order of
exclusion and deportation or an order of deportation.
(e) Transition.--No period of time before the date of the
enactment of this Act shall be included in the period of 1 year
described in section 212(a)(6)(B)(i) of the Immigration and
Nationality Act (as amended by section 301(c) of this
division).
Subtitle B--Criminal Alien Provisions
SEC. 321. AMENDED DEFINITION OF AGGRAVATED FELONY.
(a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)),
as amended by section 441(e) of the Antiterrorism and Effective
Death Penalty Act of 1996 (P.L. 104-132), is amended--
(1) in subparagraph (A), by inserting ``, rape, or
sexual abuse of a minor'' after ``murder'';
(2) in subparagraph (D), by striking ``$100,000''
and inserting ``$10,000'';
(3) in subparagraphs (F), (G), (N), and (P), by
striking ``is at least 5 years'' each place it appears
and inserting ``at least one year'';
(4) in subparagraph (J), by striking ``sentence of
5 years' imprisonment'' and inserting ``sentence of one
year imprisonment'';
(5) in subparagraph (K)(ii), by inserting ``if
committed'' before ``for commercial advantage'';
(6) in subparagraph (L)--
(A) by striking ``or'' at the end of clause
(i),
(B) by inserting ``or'' at the end of
clause (ii), and
(C) by adding at the end the following new
clause:
``(iii) section 601 of the National
Security Act of 1947 (relating to
protecting the identity of undercover
agents);'';
(7) in subparagraph (M), by striking ``$200,000''
each place it appears and inserting ``$10,000'';
(8) in subparagraph (N), by striking ``for which
the term'' and all that follows and inserting the
following: ``, except in the case of a first offense
for which the alien has affirmatively shown that the
alien committed the offense for the purpose of
assisting, abetting, or aiding only the alien's spouse,
child, or parent (and no other individual) to violate a
provision of this Act'';
(9) in subparagraph (P), by striking ``18 months''
and inserting ``12 months, except in the case of a
first offense for which the alien has affirmatively
shown that the alien committed the offense for the
purpose of assisting, abetting, or aiding only the
alien's spouse, child, or parent (and no other
individual) to violate a provision of this Act'';
(10) in subparagraph (R), by striking ``for which a
sentence of 5 years' imprisonment or more may be
imposed'' and inserting ``for which the term of
imprisonment is at least one year''; and
(11) in subparagraph (S), by striking ``for which a
sentence of 5 years' imprisonment or more may be
imposed'' and inserting ``for which the term of
imprisonment is at least one year''.
(b) Effective Date of Definition.--Section 101(a)(43) (8
U.S.C. 1101(a)(43)) is amended by adding at the end the
following new sentence: ``Notwithstanding any other provision
of law (including any effective date), the term applies
regardless of whether the conviction was entered before, on, or
after the date of enactment of this paragraph.''.
(c) Effective Date.--The amendments made by this section
shall apply to actions taken on or after the date of the
enactment of this Act, regardless of when the conviction
occurred, and shall apply under section 276(b) of the
Immigration and Nationality Act only to violations of section
276(a) of such Act occurring on or after such date.
SEC. 322. DEFINITION OF CONVICTION AND TERM OF IMPRISONMENT.
(a) Definition.--
(1) In general.--Section 101(a) (8 U.S.C. 1101(a))
is amended by adding at the end the following new
paragraph:
``(48)(A) The term `conviction' means, with respect to an
alien, a formal judgment of guilt of the alien entered by a
court or, if adjudication of guilt has been withheld, where--
``(i) a judge or jury has found the alien guilty or
the alien has entered a plea of guilty or nolo
contendere or has admitted sufficient facts to warrant
a finding of guilt, and
``(ii) the judge has ordered some form of
punishment, penalty, or restraint on the alien's
liberty to be imposed.
``(B) Any reference to a term of imprisonment or a sentence
with respect to an offense is deemed to include the period of
incarceration or confinement ordered by a court of law
regardless of any suspension of the imposition or execution of
that imprisonment or sentence in whole or in part.''.
(2) Conforming amendments.--
(A) Section 101(a)(43) (8 U.S.C.
1101(a)(43)) is amended by striking ``imposed
(regardless of any suspension of
imprisonment)'' each place it appears in
subparagraphs (F), (G), (N), and (P).
(B) Section 212(a)(2)(B) (8 U.S.C.
1182(a)(2)(B)) is amended by striking
``actually imposed''.
(b) Reference to Proof Provisions.--For provisions relating
to proof of convictions, see subparagraphs (B) and (C) of
section 240(c)(3) of the Immigration and Nationality Act, as
inserted by section 304(a)(3) of this division.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to convictions and sentences entered before, on, or
after the date of the enactment of this Act. Subparagraphs (B)
and (C) of section 240(c)(3) of the Immigration and Nationality
Act, as inserted by section 304(a)(3) of this division, shall
apply to proving such convictions.
SEC. 323. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR
CRIMINAL PAROLE.
Section 263(a) (8 U.S.C. 1303(a)) is amended by striking
``and (5)'' and inserting ``(5) aliens who are or have been on
criminal probation or criminal parole within the United States,
and (6)''.
SEC. 324. PENALTY FOR REENTRY OF DEPORTED ALIENS.
(a) In General.--Section 276(a)(1) (8 U.S.C. 1326(a)(1)) is
amended to read as follows:
``(1) has been arrested and deported, has been
excluded and deported, or has departed the United
States while an order of exclusion or deportation is
outstanding, and thereafter''.
(b) Treatment of Stipulations.--The last sentence of
section 276(b) (8 U.S.C. 1326(b)) is amended by inserting ``(or
not during)'' after ``during''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to departures that occurred before, on, or after
the date of the enactment of this Act, but only with respect to
entries (and attempted entries) occurring on or after such
date.
SEC. 325. CHANGE IN FILING REQUIREMENT.
Section 2424 of title 18, United States Code, is amended--
(1) in the first undesignated paragraph of
subsection (a)--
(A) by striking ``alien'' each place it
appears;
(B) by inserting after ``individual'' the
first place it appears the following: ``,
knowing or in reckless disregard of the fact
that the individual is an alien''; and
(C) by striking ``within three years after
that individual has entered the United States
from any country, party to the arrangement
adopted July 25, 1902, for the suppression of
the white-slave traffic'';
(2) in the second undesignated paragraph of
subsection (a)--
(A) by striking ``thirty'' and inserting
``five business''; and
(B) by striking ``within three years after
that individual has entered the United States
from any country, party to the said arrangement
for the suppression of the white-slave
traffic,''; and
(3) in the text following the third undesignated
paragraph of subsection (a), by striking ``two'' and
inserting ``10''.
SEC. 326. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Subsection (a) of section 130002 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322),
as amended by section 432 of Public Law 104-132, is amended to
read as follows:
``(a) Operation and Purpose.--The Commissioner of
Immigration and Naturalization shall, under the authority of
section 242(a)(3)(A) of the Immigration and Nationality Act
operate a criminal alien identification system. The criminal
alien identification system shall be used to assist Federal,
State, and local law enforcement agencies in identifying and
locating aliens who may be subject to removal by reason of
their conviction of aggravated felonies, subject to prosecution
under section 275 of such Act, not lawfully present in the
United States, or otherwise removable. Such system shall
include providing for recording of fingerprint records of
aliens who have been previously arrested and removed into
appropriate automated fingerprint identification systems.''.
SEC. 327. APPROPRIATIONS FOR CRIMINAL ALIEN TRACKING CENTER.
Section 130002(b) of the Violent Crime Control and Law
Enforcement Act of 1994 (8 U.S.C. 1252 note) is amended--
(1) by inserting ``and'' after ``1996;'', and
(2) by striking paragraph (2) and all that follows
through the period at the end and inserting the
following:
``(2) $5,000,000 for each of fiscal years 1997
through 2001.''.
SEC. 328. PROVISIONS RELATING TO STATE CRIMINAL ALIEN ASSISTANCE
PROGRAM.
(a) Modification of Authority.--
(1) In general.--Section 241(i), as redesignated by
section 306(a)(1) of this division, is amended--
(A) in paragraph (3)(A), by striking
``felony and sentenced to a term of
imprisonment'' and inserting ``felony or two or
more misdemeanors'', and
(B) by adding at the end the following new
paragraph:
``(6) To the extent of available appropriations,
funds otherwise made available under this section with
respect to a State (or political subdivision, including
a municipality) for incarceration of an undocumented
criminal alien may, at the discretion of the recipient
of the funds, be used for the costs of imprisonment of
such alien in a State, local, or municipal prison or
jail.''.
(2) Effective date.--The amendment made by
paragraph (1) shall apply beginning with fiscal year
1997.
(b) Sense of the Congress With Respect to Program.--
(1) Findings.--The Congress finds as follows:
(A) Of the $130,000,000 appropriated in
fiscal year 1995 for the State Criminal Alien
Assistance Program, the Department of Justice
disbursed the first $43,000,000 to States on
October 6, 1994, 32 days before the 1994
general election, and then failed to disburse
the remaining $87,000,000 until January 31,
1996, 123 days after the end of fiscal year
1995.
(B) While H.R. 2880, the continuing
appropriation measure funding certain
operations of the Federal Government from
January 26, 1996 to March 15, 1996, included
$66,000,000 to reimburse States for the cost of
incarcerating documented illegal immigrant
felons, the Department of Justice failed to
disburse any of the funds to the States during
the period of the continuing appropriation.
(2) Sense of the congress.--It is the sense of the
Congress that--
(A) the Department of Justice was
disturbingly slow in disbursing fiscal year
1995 funds under the State Criminal Alien
Assistance Program to States after the initial
grants were released just prior to the 1994
election; and
(B) the Attorney General should make it a
high priority to expedite the disbursement of
Federal funds intended to reimburse States for
the cost of incarcerating illegal immigrants,
aiming for all State Criminal Alien Assistance
Program funds to be disbursed during the fiscal
year for which they are appropriated.
SEC. 329. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLEGAL ALIENS IN
INCARCERATION FACILITY OF ANAHEIM, CALIFORNIA.
(a) Authority.--The Attorney General shall conduct a
project demonstrating the feasibility of identifying, from
among the individuals who are incarcerated in local
governmental prison facilities prior to arraignment on criminal
charges, those individuals who are aliens unlawfully present in
the United States.
(b) Description of Project.--The project authorized by
subsection (a) shall include--
(1) the detail to incarceration facilities within
the city of Anaheim, California and the county of
Ventura, California, of an employee of the Immigration
and Naturalization Service who has expertise in the
identification of aliens unlawfully in the United
States, and
(2) provision of funds sufficient to provide for--
(A) access for such employee to records of
the Service necessary to identify such aliens,
and
(B) in the case of an individual identified
as such an alien, pre-arraignment reporting to
the court regarding the Service's intention to
remove the alien from the United States.
(c) Termination.--The authority under this section shall
cease to be effective 6 months after the date of the enactment
of this Act.
SEC. 330. PRISONER TRANSFER TREATIES.
(a) Negotiations With Other Countries.--(1) Congress
advises the President to begin to negotiate and renegotiate,
not later than 90 days after the date of enactment of this Act,
bilateral prisoner transfer treaties, providing for the
incarceration, in the country of the alien's nationality, of
any alien who--
(A) is a national of a country that is party to
such a treaty; and
(B) has been convicted of a criminal offense under
Federal or State law and who--
(i) is not in lawful immigration status in
the United States, or
(ii) on the basis of conviction for a
criminal offense under Federal or State law, or
on any other basis, is subject to deportation
or removal under the Immigration and
Nationality Act,
for the duration of the prison term to which the alien was
sentenced for the offense referred to in subparagraph (B). Any
such agreement may provide for the release of such alien
pursuant to parole procedures of that country.
(2) In entering into negotiations under paragraph (1), the
President may consider providing for appropriate compensation,
subject to the availability of appropriations, in cases where
the United States is able to independently verify the adequacy
of the sites where aliens will be imprisoned and the length of
time the alien is actually incarcerated in the foreign country
under such a treaty.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the focus of negotiations for such agreements
should be--
(A) to expedite the transfer of aliens
unlawfully in the United States who are (or are
about to be) incarcerated in United States
prisons,
(B) to ensure that a transferred prisoner
serves the balance of the sentence imposed by
the United States courts,
(C) to eliminate any requirement of
prisoner consent to such a transfer, and
(D) to allow the Federal Government or the
States to keep their original prison sentences
in force so that transferred prisoners who
return to the United States prior to the
completion of their original United States
sentences can be returned to custody for the
balance of their prison sentences;
(2) the Secretary of State should give priority to
concluding an agreement with any country for which the
President determines that the number of aliens
described in subsection (a) who are nationals of that
country in the United States represents a significant
percentage of all such aliens in the United States; and
(3) no new treaty providing for the transfer of
aliens from Federal, State, or local incarceration
facilities to a foreign incarceration facility should
permit the alien to refuse the transfer.
(c) Prisoner Consent.--Notwithstanding any other provision
of law, except as required by treaty, the transfer of an alien
from a Federal, State, or local incarceration facility under an
agreement of the type referred to in subsection (a) shall not
require consent of the alien.
(d) Annual Report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Attorney General shall submit a report to the Committees on the
Judiciary of the House of Representatives and of the Senate
stating whether each prisoner transfer treaty to which the
United States is a party has been effective in the preceding 12
months in bringing about the return of deportable incarcerated
aliens to the country of which they are nationals and in
ensuring that they serve the balance of their sentences.
(e) Training Foreign Law Enforcement Personnel.--(1)
Subject to paragraph (2), the President shall direct the Border
Patrol Academy and the Customs Service Academy to enroll for
training an appropriate number of foreign law enforcement
personnel, and shall make appointments of foreign law
enforcement personnel to such academies, as necessary to
further the following United States law enforcement goals:
(A) Preventing of drug smuggling and other cross-
border criminal activity.
(B) Preventing illegal immigration.
(C) Preventing the illegal entry of goods into the
United States (including goods the sale of which is
illegal in the United States, the entry of which would
cause a quota to be exceeded, or the appropriate duty
or tariff for which has not been paid).
(2) The appointments described in paragraph (1) shall be
made only to the extent there is capacity in such academies
beyond what is required to train United States citizens needed
in the Border Patrol and Customs Service, and only of personnel
from a country with which the prisoner transfer treaty has been
stated to be effective in the most recent report referred to in
subsection (d).
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 331. PRISONER TRANSFER TREATIES STUDY.
(a) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State and
the Attorney General shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate a
report that describes the use and effectiveness of the prisoner
transfer treaties with the three countries with the greatest
number of their nationals incarcerated in the United States in
removing from the United States such incarcerated nationals.
(b) Use of Treaty.--The report under subsection (a) shall
include--
(1) the number of aliens convicted of a criminal
offense in the United States since November 30, 1977,
who would have been or are eligible for transfer
pursuant to the treaties;
(2) the number of aliens described in paragraph (1)
who have been transferred pursuant to the treaties;
(3) the number of aliens described in paragraph (2)
who have been incarcerated in full compliance with the
treaties;
(4) the number of aliens who are incarcerated in a
penal institution in the United States who are eligible
for transfer pursuant to the treaties; and
(5) the number of aliens described in paragraph (4)
who are incarcerated in Federal, State, and local penal
institutions in the United States.
(c) Recommendations.--The report under subsection (a) shall
include the recommendations of the Secretary of State and the
Attorney General to increase the effectiveness and use of, and
full compliance with, the treaties. In considering the
recommendations under this subsection, the Secretary and the
Attorney General shall consult with such State and local
officials in areas disproportionately impacted by aliens
convicted of criminal offenses as the Secretary and the
Attorney General consider appropriate. Such recommendations
shall address--
(1) changes in Federal laws, regulations, and
policies affecting the identification, prosecution, and
deportation of aliens who have committed criminal
offenses in the United States;
(2) changes in State and local laws, regulations,
and policies affecting the identification, prosecution,
and deportation of aliens who have committed a criminal
offense in the United States;
(3) changes in the treaties that may be necessary
to increase the number of aliens convicted of criminal
offenses who may be transferred pursuant to the
treaties;
(4) methods for preventing the unlawful reentry
into the United States of aliens who have been
convicted of criminal offenses in the United States and
transferred pursuant to the treaties;
(5) any recommendations by appropriate officials of
the appropriate government agencies of such countries
regarding programs to achieve the goals of, and ensure
full compliance with, the treaties;
(6) whether the recommendations under this
subsection require the renegotiation of the treaties;
and
(7) the additional funds required to implement each
recommendation under this subsection.
SEC. 332. ANNUAL REPORT ON CRIMINAL ALIENS.
Not later than 12 months after the date of the enactment of
this Act, and annually thereafter, the Attorney General shall
submit to the Committees on the Judiciary of the House of
Representatives and of the Senate a report detailing--
(1) the number of illegal aliens incarcerated in
Federal and State prisons for having committed
felonies, stating the number incarcerated for each type
of offense;
(2) the number of illegal aliens convicted of
felonies in any Federal or State court, but not
sentenced to incarceration, in the year before the
report was submitted, stating the number convicted for
each type of offense;
(3) programs and plans underway in the Department
of Justice to ensure the prompt removal from the United
States of criminal aliens subject to removal; and
(4) methods for identifying and preventing the
unlawful reentry of aliens who have been convicted of
criminal offenses in the United States and removed from
the United States.
SEC. 333. PENALTIES FOR CONSPIRING WITH OR ASSISTING AN ALIEN TO COMMIT
AN OFFENSE UNDER THE CONTROLLED SUBSTANCES IMPORT
AND EXPORT ACT.
(a) Review of Guidelines.--Not later than 6 months after
the date of the enactment of this Act, the United States
Sentencing Commission shall conduct a review of the guidelines
applicable to an offender who conspires with, or aids or abets,
a person who is not a citizen or national of the United States
in committing any offense under section 1010 of the Controlled
Substance Import and Export Act (21 U.S.C. 960).
(b) Revision of Guidelines.--Following such review,
pursuant to section 994(p) of title 28, United States Code, the
Commission shall promulgate sentencing guidelines or amend
existing sentencing guidelines to ensure an appropriately
stringent sentence for such offenders.
SEC. 334. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL REENTRY,
AND PASSPORT AND VISA FRAUD.
(a) Failing to Depart.--The United States Sentencing
Commission shall promptly promulgate, pursuant to section 994
of title 28, United States Code, amendments to the sentencing
guidelines to make appropriate increases in the base offense
level for offenses under section 242(e) and 276(b) of the
Immigration and Nationality Act (8 U.S.C. 1252(e) and 1326(b))
to reflect the amendments made by section 130001 of the Violent
Crime Control and Law Enforcement Act of 1994.
(b) Passport and Visa Offenses.--The United States
Sentencing Commission shall promptly promulgate, pursuant to
section 994 of title 28, United States Code, amendments to the
sentencing guidelines to make appropriate increases in the base
offense level for offenses under chapter 75 of title 18, United
States Code to reflect the amendments made by section 130009 of
the Violent Crime Control and Law Enforcement Act of 1994.
Subtitle C--Revision of Grounds for Exclusion and Deportation
SEC. 341. PROOF OF VACCINATION REQUIREMENT FOR IMMIGRANTS.
(a) In General.--Section 212(a)(1)(A) (8 U.S.C.
1182(a)(1)(A)) is amended--
(1) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively, and
(2) by inserting after clause (i) the following new
clause:
``(ii) who seeks admission as an
immigrant, or who seeks adjustment of
status to the status of an alien
lawfully admitted for permanent
residence, and who has failed to
present documentation of having
received vaccination against vaccine-
preventable diseases, which shall
include at least the following
diseases: mumps, measles, rubella,
polio, tetanus and diphtheria toxoids,
pertussis, influenza type B and
hepatitis B, and any other vaccinations
against vaccine-preventable diseases
recommended by the Advisory Committee
for Immunization Practices,''.
(b) Waiver.--Section 212(g) (8 U.S.C. 1182(g)) is amended
by striking ``, or'' at the end of paragraph (1) and all that
follows and inserting a semicolon and the following:
``in accordance with such terms, conditions, and
controls, if any, including the giving of bond, as the
Attorney General, in the discretion of the Attorney
General after consultation with the Secretary of Health
and Human Services, may by regulation prescribe;
``(2) subsection (a)(1)(A)(ii) in the case of any
alien--
``(A) who receives vaccination against the
vaccine-preventable disease or diseases for
which the alien has failed to present
documentation of previous vaccination,
``(B) for whom a civil surgeon, medical
officer, or panel physician (as those terms are
defined by section 34.2 of title 42 of the Code
of Federal Regulations) certifies, according to
such regulations as the Secretary of Health and
Human Services may prescribe, that such
vaccination would not be medically appropriate,
or
``(C) under such circumstances as the
Attorney General provides by regulation, with
respect to whom the requirement of such a
vaccination would be contrary to the alien's
religious beliefs or moral convictions; or
``(3) subsection (a)(1)(A)(iii) in the case of any
alien, in accordance with such terms, conditions, and
controls, if any, including the giving of bond, as the
Attorney General, in the discretion of the Attorney
General after consultation with the Secretary of Health
and Human Services, may by regulation prescribe.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to applications for immigrant visas or
for adjustment of status filed after September 30, 1996.
SEC. 342. INCITEMENT OF TERRORIST ACTIVITY AND PROVISION OF FALSE
DOCUMENTATION TO TERRORISTS AS A BASIS FOR
EXCLUSION FROM THE UNITED STATES.
(a) In General.--Section 212(a)(3)(B) (8 U.S.C.
1182(a)(3)(B)) is amended--
(1) by redesignating subclauses (III) and (IV) of
clause (i) as subclauses (IV) and (V), respectively;
(2) by inserting after subclause (II) of clause (i)
the following new subclause:
``(III) has, under
circumstances indicating an
intention to cause death or
serious bodily harm, incited
terrorist activity,''; and
(3) in clause (iii)(III), by inserting
``documentation or'' before ``identification'';
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act and
shall apply to incitement regardless of when it occurs.
SEC. 343. CERTIFICATION REQUIREMENTS FOR FOREIGN HEALTH-CARE WORKERS.
Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended--
(1) by redesignating subparagraph (C) as
subparagraph (D), and
(2) by inserting after subparagraph (B) the
following new subparagraph:
``(C) Uncertified foreign health-care
workers.--Any alien who seeks to enter the
United States for the purpose of performing
labor as a health-care worker, other than a
physician, is excludable unless the alien
presents to the consular officer, or, in the
case of an adjustment of status, the Attorney
General, a certificate from the Commission on
Graduates of Foreign Nursing Schools, or a
certificate from an equivalent independent
credentialing organization approved by the
Attorney General in consultation with the
Secretary of Health and Human Services,
verifying that--
``(i) the alien's education,
training, license, and experience--
``(I) meet all applicable
statutory and regulatory
requirements for entry into the
United States under the
classification specified in the
application;
``(II) are comparable with
that required for an American
health-care worker of the same
type; and
``(III) are authentic and,
in the case of a license,
unencumbered;
``(ii) the alien has the level of
competence in oral and written English
considered by the Secretary of Health
and Human Services, in consultation
with the Secretary of Education, to be
appropriate for health care work of the
kind in which the alien will be
engaged, as shown by an appropriate
score on one or more nationally
recognized, commercially available,
standardized assessments of the
applicant's ability to speak and write;
and
``(iii) if a majority of States
licensing the profession in which the
alien intends to work recognize a test
predicting the success on the
profession's licensing or certification
examination, the alien has passed such
a test or has passed such an
examination.
For purposes of clause (ii), determination of
the standardized tests required and of the
minimum scores that are appropriate are within
the sole discretion of the Secretary of Health
and Human Services and are not subject to
further administrative or judicial review.''.
SEC. 344. REMOVAL OF ALIENS FALSELY CLAIMING UNITED STATES CITIZENSHIP.
(a) Exclusion of Aliens Who Have Falsely Claimed United
States Citizenship.--Section 212(a)(6)(C) (8 U.S.C.
1182(a)(6)(C)) is amended--
(1) by redesignating clause (ii) as clause (iii),
and
(2) by inserting after clause (i) the following new
clause:
``(ii) Falsely claiming
citizenship.--Any alien who falsely
represents, or has falsely represented,
himself or herself to be a citizen of
the United States for any purpose or
benefit under this Act (including
section 274A) or any other Federal or
State law is excludable.''.
(b) Deportation of Aliens Who Have Falsely Claimed United
States Citizenship.--Section 241(a)(3) (8 U.S.C. 1251(a)(3)) is
amended by adding at the end the following new subparagraph:
``(D) Falsely claiming citizenship.--Any
alien who falsely represents, or has falsely
represented, himself to be a citizen of the
United States for any purpose or benefit under
this Act (including section 274A) or any
Federal or State law is deportable.''.
(c) Effective Date.--The amendments made by this section
shall apply to representations made on or after the date of the
enactment of this Act.
SEC. 345. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR CERTAIN
SECTION 274C VIOLATORS.
(a) Exclusion Grounds.--Section 212 (8 U.S.C. 1182) is
amended--
(1) by amending subparagraph (F) of subsection
(a)(6) to read as follows:
``(F) Subject of civil penalty.--
``(i) In general.--An alien who is
the subject of a final order for
violation of section 274C is
inadmissible.
``(ii) Waiver authorized.--For
provision authorizing waiver of clause
(i), see subsection (d)(12).''; and
(2) by adding at the end of subsection (d) the
following new paragraph:
``(12) The Attorney General may, in the discretion of the
Attorney General for humanitarian purposes or to assure family
unity, waive application of clause (i) of subsection
(a)(6)(F)--
``(A) in the case of an alien lawfully admitted for
permanent residence who temporarily proceeded abroad
voluntarily and not under an order of deportation or
removal and who is otherwise admissible to the United
States as a returning resident under section 211(b),
and
``(B) in the case of an alien seeking admission or
adjustment of status under section 201(b)(2)(A) or
under section 203(a),
if no previous civil money penalty was imposed against the
alien under section 274C and the offense was committed solely
to assist, aid, or support the alien's spouse or child (and not
another individual). No court shall have jurisdiction to review
a decision of the Attorney General to grant or deny a waiver
under this paragraph.''.
(b) Ground of Deportation.--Subparagraph (C) of section
241(a)(3) (8 U.S.C. 1251(a)(3)), before redesignation by
section 305(a)(2) of this division, is amended to read as
follows:
``(C) Document fraud.--
``(i) In general.--An alien who is
the subject of a final order for
violation of section 274C is
deportable.
``(ii) Waiver authorized.--The
Attorney General may waive clause (i)
in the case of an alien lawfully
admitted for permanent residence if no
previous civil money penalty was
imposed against the alien under section
274C and the offense was incurred
solely to assist, aid, or support the
alien's spouse or child (and no other
individual). No court shall have
jurisdiction to review a decision of
the Attorney General to grant or deny a
waiver under this clause.''.
SEC. 346. INADMISSIBILITY OF CERTAIN STUDENT VISA ABUSERS.
(a) In General.--Section 212(a)(6) (8 U.S.C. 1182(a)(6)) is
amended by adding at the end the following new subparagraph:
``(G) Student visa abusers.--An alien who
obtains the status of a nonimmigrant under
section 101(a)(15)(F)(i) and who violates a
term or condition of such status under section
214(l) is excludable until the alien has been
outside the United States for a continuous
period of 5 years after the date of the
violation.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to aliens who obtain the status of a nonimmigrant
under section 101(a)(15)(F) of the Immigration and Nationality
Act after the end of the 60-day period beginning on the date of
the enactment of this Act, including aliens whose status as
such a nonimmigrant is extended after the end of such period.
SEC. 347. REMOVAL OF ALIENS WHO HAVE UNLAWFULLY VOTED.
(a) Exclusion of Aliens Who Have Unlawfully Voted.--Section
212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by section
301(b) of this division, is amended by adding at the end the
following new subparagraph:
``(D) Unlawful voters.--Any alien who has
voted in violation of any Federal, State, or
local constitutional provision, statute,
ordinance, or regulation is excludable.''.
(b) Deportation of Aliens Who Have Unlawfully Voted.--
Section 241(a) (8 U.S.C. 1251(a)), before redesignation by
section 305(a)(2) of this division, is amended by adding at the
end the following new paragraph:
``(6) Unlawful voters.--Any alien who has voted in
violation of any Federal, State, or local
constitutional provision, statute, ordinance, or
regulation is deportable.''.
(c) Effective Date.--The amendments made by this section
shall apply to voting occurring before, on, or after the date
of the enactment of this Act.
SEC. 348. WAIVERS FOR IMMIGRANTS CONVICTED OF CRIMES.
(a) In General.--Section 212(h) (8 U.S.C. 1182(h)) is
amended by adding at the end the following: ``No waiver shall
be granted under this subsection in the case of an alien who
has previously been admitted to the United States as an
alienlawfully admitted for permanent residence if either since the date
of such admission the alien has been convicted of an aggravated felony
or the alien has not lawfully resided continuously in the United States
for a period of not less than 7 years immediately preceding the date of
initiation of proceedings to remove the alien from the United States.
No court shall have jurisdiction to review a decision of the Attorney
General to grant or deny a waiver under this subsection.''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective on the date of the enactment of this Act and
shall apply in the case of any alien who is in exclusion or
deportation proceedings as of such date unless a final
administrative order in such proceedings has been entered as of
such date.
SEC. 349. WAIVER OF MISREPRESENTATION GROUND OF INADMISSIBILITY FOR
CERTAIN ALIEN.
Subsection (i) of section 212 (8 U.S.C. 1182) is amended to
read as follows:
``(i)(1) The Attorney General may, in the discretion of the
Attorney General, waive the application of clause (i) of
subsection (a)(6)(C) in the case of an immigrant who is the
spouse, son, or daughter of a United States citizen or of an
alien lawfully admitted for permanent residence if it is
established to the satisfaction of the Attorney General that
the refusal of admission to the United States of such immigrant
alien would result in extreme hardship to the citizen or
lawfully resident spouse or parent of such an alien.
``(2) No court shall have jurisdiction to review a decision
or action of the Attorney General regarding a waiver under
paragraph (1).''.
SEC. 350. OFFENSES OF DOMESTIC VIOLENCE AND STALKING AS GROUND FOR
DEPORTATION.
(a) In General.--Section 241(a)(2) (8 U.S.C. 1251(a)(2)) is
amended by adding at the end the following:
``(E) Crimes of domestic violence,
stalking, or violation of protection order,
crimes against children and .--
``(i) Domestic violence, stalking,
and child abuse.--Any alien who at any
time after entry is convicted of a
crime of domestic violence, a crime of
stalking, or a crime of child abuse,
child neglect, or child abandonment is
deportable. For purposes of this
clause, the term `crime of domestic
violence' means any crime of violence
(as defined in section 16 of title 18,
United States Code) against a person
committed by a current or former spouse
of the person, by an individual with
whom the person shares a child in
common, by an individual who is
cohabiting with or has cohabited with
the person as a spouse, by an
individual similarly situated to a
spouse of the person under the domestic
or family violence laws of the
jurisdiction where the offense occurs,
or by any other individual against a
person who is protected from that
individual's acts under the domestic or
family violence laws of the United
States or any State, Indian tribal
government, or unit of local
government.
``(ii) Violators of protection
orders.--Any alien who at any time
after entry is enjoined under a
protection order issued by a court and
whom the court determines has engaged
in conduct that violates the portion of
a protection order that involves
protection against credible threats of
violence, repeated harassment, or
bodily injury to the person or persons
for whom the protection order was
issued is deportable. For purposes of
this clause, the term `protection
order' means any injunction issued for
the purpose of preventing violent or
threatening acts of domestic violence,
including temporary or final orders
issued by civil or criminal courts
(other than support or child custody
orders or provisions) whether obtained
by filing an independent action or as a
pendente lite order in another
proceeding.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to convictions, or violations of court orders,
occurring after the date of the enactment of this Act.
SEC. 351. CLARIFICATION OF DATE AS OF WHICH RELATIONSHIP REQUIRED FOR
WAIVER FROM EXCLUSION OR DEPORTATION FOR SMUGGLING.
(a) Exclusion.--Section 212(d)(11) (8 U.S.C. 1182(d)(11))
is amended by inserting ``an individual who at the time of such
action was'' after ``aided only''.
(b) Deportation.--Section 241(a)(1)(E)(iii) (8 U.S.C.
1251(a)(1)(E)(iii)) is amended by inserting ``an individual who
at the time of the offense was'' after ``aided only''.
(c) Effective Date.--The amendments made by this section
shall apply to applications for waivers filed before, on, or
after the date of the enactment of this Act, but shall not
apply to such an application for which a final determination
has been made as of the date of the enactment of this Act.
SEC. 352. EXCLUSION OF FORMER CITIZENS WHO RENOUNCED CITIZENSHIP TO
AVOID UNITED STATES TAXATION.
(a) In General.--Section 212(a)(10) (8 U.S.C. 1182(a)(10)),
as redesignated by section 301(b) of this division and as
amended by section 347(a) of this division, is amended by
adding at the end the following:
``(E) Former citizens who renounced
citizenship to avoid taxation.--Any alien who
is a former citizen of the United States who
officially renounces United States citizenship
and who is determined by the Attorney General
to have renounced United States citizenship for
the purpose of avoiding taxation by the United
States is excludable.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to individuals who renounce United States
citizenship on and after the date of the enactment of this Act.
SEC. 353. REFERENCES TO CHANGES ELSEWHERE IN DIVISION.
(a) Deportation for High Speed Flight.--For provision
making high speed flight from an immigration checkpoint subject
to deportation, see section 108(c) of this division.
(b) Inadmissibility of Aliens Previously Removed and
Unlawfully Present.--For provision making aliens previously
removed and unlawfully present in the United States
inadmissible, see section 301(b) of this division.
(c) Inadmissibility of Illegal Entrants.--For provision
revising the ground of inadmissibility for illegal entrants and
immigration violators, see section 301(c) of this division.
(d) Deportation for Visa Violators.--For provision revising
the ground of deportation for illegal entrants, see section
301(d) of this division.
(e) Labor Certifications for Professional Athletes.--For
provision providing for continued validity of labor
certifications and classification petitions for professional
athletes, see section 624 of this division.
Subtitle D--Changes in Removal of Alien Terrorist Provisions
SEC. 354. TREATMENT OF CLASSIFIED INFORMATION.
(a) Limitation on Provision of Summaries; Use of Special
Attorneys in Challenges to Classified Information.--
(1) No provision of summary in certain cases.--
Section 504(e)(3)(D) (8 U.S.C. 1534(e)(3)(D)) is
amended--
(A) in clause (ii), by inserting before the
period at the end the following: ``unless the
judge makes the findings under clause (iii)'',
and
(B) by adding at the end the following new
clause:
``(iii) Findings.--The findings
described in this clause are, with
respect to an alien, that--
``(I) the continued
presence of the alien in the
United States would likely
cause serious and irreparable
harm to the national security
or death or serious bodily
injury to any person, and
``(II) the provision of the
summary would likely cause
serious and irreparable harm to
the national security or death
or serious bodily injury to any
person.''.
(2) Special challenge procedures.--Section
504(e)(3) (8 U.S.C. 1534(e)(3)) is amended by adding at
the end the following new subparagraphs:
``(E) Continuation of hearing without
summary.--If a judge makes the findings
described in subparagraph (D)(iii)--
``(i) if the alien involved is an
alien lawfully admitted for permanent
residence, the procedures described in
subparagraph (F) shall apply; and
``(ii) in all cases the special
removal hearing shall continue, the
Department of Justice shall cause to be
delivered to the alien a statement that
no summary is possible, and the
classified information submitted in
camera and ex parte may be used
pursuant to this paragraph.
``(F) Special procedures for access and
challenges to classified information by special
attorneys in case of lawful permanent aliens.--
``(i) In general.--The procedures
described in this subparagraph are that
the judge (under rules of the removal
court) shall designate a special
attorney to assist the alien--
``(I) by reviewing in
camera the classified
information on behalf of the
alien, and
``(II) by challenging
through an in camera proceeding
the veracity of the evidence
contained in the classified
information.
``(ii) Restrictions on
disclosure.--A special attorney
receiving classified information under
clause (i)--
``(I) shall not disclose
the information to the alien or
to any other attorney
representing the alien, and
``(II) who discloses such
information in violation of
subclause (I) shall be subject
to a fine under title 18,
United States Code, imprisoned
for not less than 10 years nor
more than 25 years, or both.''.
(3) Appeals.--Section 505(c) (8 U.S.C. 1535(c)) is
amended--
(A) in paragraph (1), by striking ``The
decision'' and inserting ``Subject to paragraph
(2), the decision'';
(B) in paragraph (3)(D), by inserting
before the period at the end the following: ``,
except that in the case of a review under
paragraph (2) in which an alien lawfully
admitted for permanent residence was denied a
written summary of classified information under
section 504(c)(3), the Court of Appeals shall
review questions of fact de novo'';
(C) by redesignating paragraphs (2) and (3)
as paragraphs (3) and (4), respectively; and
(D) by inserting after paragraph (1) the
following new paragraph:
``(2) Automatic appeals in cases of permanent
resident aliens in which no summary provided.--
``(A) In general.--Unless the alien waives
the right to a review under this paragraph, in
any case involving an alien lawfully admitted
for permanent residence who is denied a written
summary of classified information under section
504(e)(3) and with respect to which the
procedures described in section 504(e)(3)(F)
apply, any order issued by the judge shall be
reviewed by the Court of Appeals for the
District of Columbia Circuit.
``(B) Use of special attorney.--With
respect to any issue relating to classified
information that arises in such review, the
alien shall be represented only by the special
attorney designated under section
504(e)(3)(F)(i) on behalf of the alien.''.
(4) Establishment of panel of special attorneys.--
Section 502 (8 U.S.C. 1532) is amended by adding at the
end the following new subsection:
``(e) Establishment of Panel of Special Attorneys.--The
removal court shall provide for the designation of a panel of
attorneys each of whom--
``(1) has a security clearance which affords the
attorney access to classified information, and
``(2) has agreed to represent permanent resident
aliens with respect to classified information under
section 504(e)(3) in accordance with (and subject to
the penalties under) this title.''.
(5) Definition of special attorney.--Section 501 (8
U.S.C. 1531) is amended--
(A) by striking ``and'' at the end of
paragraph (5),
(B) by striking the period at the end of
paragraph (6) and inserting ``; and'', and
(C) by adding at the end the following new
paragraph:
``(7) the term `special attorney' means an attorney
who is on the panel established under section
502(e).''.
(b) Other Provisions Relating to Classified Information.--
(1) Introduction of classified information.--
Section 504(e) (8 U.S.C. 1534(e)) is amended--
(A) in paragraph (1)--
(i) by inserting after ``(A)'' the
following: ``the Government is
authorized to use in a removal
proceedings the fruits of electronic
surveillance and unconsented physical
searches authorized under the Foreign
Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) without regard
to subsections (c), (e), (f), (g), and
(h) of section 106 of that Act and'',
and
(ii) by striking ``the Foreign
Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.)'' and
inserting ``such Act''; and
(B) by striking the period at the end of
paragraph (3)(A) and inserting the following:
``and neither the alien nor the public shall be
informed of such evidence or its sources other
than through reference to the summary provided
pursuant to this paragraph. Notwithstanding the
previous sentence, the Department of Justice
may, in its discretion and, in the case of
classified information, after coordination with
the originating agency, elect to introduce such
evidence in open session.''.
(2) Maintenance of confidentiality of classified
information in arguments.--Section 504(f) (8 U.S.C.
1534(f)) is amended by adding at the end the following:
``The judge may allow any part of the argument that
refers to evidence received in camera and ex parte to
be heard in camera and ex parte.''.
(3) Maintenance of confidentiality of classified
information in orders.--Section 504(j) (8 U.S.C.
1534(j)) is amended by adding at the end the following:
``Any portion of the order that would reveal the
substance or source of information received in camera
and ex parte pursuant to subsection (e) shall not be
made available to the alien or the public.''.
SEC. 355. EXCLUSION OF REPRESENTATIVES OF TERRORISTS ORGANIZATIONS.
Section 212(a)(3)(B)(i)(IV) (8 U.S.C.
1182(a)(3)(B)(i)(VI)), as inserted by section 411(1)(C) of
Public Law 104-132, is amended by inserting ``which the alien
knows or should have known is a terrorist organization'' after
``219,''.
SEC. 356. STANDARD FOR JUDICIAL REVIEW OF TERRORIST ORGANIZATION
DESIGNATIONS.
Section 219(b)(3) (8 U.S.C. 1189(b)(3)), as added by
section 302(a) of Public Law 104-132, is amended--
(1) by striking ``or'' at the end of subparagraph
(B),
(2) by striking the period at the end of
subparagraph (C) and inserting a semicolon, and
(3) by adding at the end the following:
``(D) lacking substantial support in the
administrative record taken as a whole or in
classified information submitted to the court
under paragraph (2), or
``(E) not in accord with the procedures
required by law.''.
SEC. 357. REMOVAL OF ANCILLARY RELIEF FOR VOLUNTARY DEPARTURE.
Section 504(k) (8 U.S.C. 1534(k)) is amended--
(1) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), and
(2) by inserting after paragraph (3) the following
new paragraph:
``(4) voluntary departure under section 244(e);''.
SEC. 358. EFFECTIVE DATE.
The amendments made by this subtitle shall be effective as
if included in the enactment of subtitle A of title IV of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132).
Subtitle E--Transportation of Aliens
SEC. 361. DEFINITION OF STOWAWAY.
(a) Stowaway Defined.--Section 101(a) (8 U.S.C. 1101(a)),
as amended by section 322(a)(1) of this division, is amended by
adding at the end the following new paragraph:
``(49) The term `stowaway' means any alien who obtains
transportation without the consent of the owner, charterer,
master or person in command of any vessel or aircraft through
concealment aboard such vessel or aircraft. A passenger who
boards with a valid ticket is not to be considered a
stowaway.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
SEC. 362. TRANSPORTATION CONTRACTS.
(a) Coverage of Noncontiguous Territory.--Section 238 (8
U.S.C. 1228), before redesignation as section 233 under section
308(b)(4) of this division, is amended--
(1) in the heading, by striking ``contiguous'', and
(2) by striking ``contiguous'' each place it
appears in subsections (a), (b), and (d).
(b) Coverage of Railroad Train.--Subsection (d) of such
section is further amended by inserting ``or railroad train''
after ``aircraft''.
Subtitle F--Additional Provisions
SEC. 371. IMMIGRATION JUDGES AND COMPENSATION.
(a) Definition of Term.--Paragraph (4) of section 101(b) (8
U.S.C. 1101(b)) is amended to read as follows:
``(4) The term `immigration judge' means an attorney whom
the Attorney General appoints as an administrative judge within
the Executive Office for Immigration Review, qualified to
conduct specified classes of proceedings, including a hearing
under section 240. An immigration judge shall be subject to
such supervision and shall perform such duties as the Attorney
General shall prescribe, but shall not be employed by the
Immigration and Naturalization Service.''.
(b) Substitution for Term ``Special Inquiry Officer''.--The
Immigration and Nationality Act is amended by striking ``a
special inquiry officer'', ``A special inquiry officer'',
``special inquiry officer'', and ``special inquiry officers''
and inserting ``an immigration judge'', ``An immigration
judge'', ``immigration judge'', and ``immigration judges'',
respectively, each place it appears in the following sections:
(1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)),
before its repeal by section 306(c) of this division.
(2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
(3) Section 234 (8 U.S.C. 1224), before
redesignation by section 308(b) of this division.
(4) Section 235 (8 U.S.C. 1225), before amendment
by section 302(a) of this division.
(5) Section 236 (8 U.S.C. 1226), before amendment
by section 303 of this division.
(6) Section 242(b) (8 U.S.C. 1252(b)), before
amendment by section 306(a)(2) of this division.
(7) Section 242B(d)(1) (8 U.S.C. 1252b(d)(1)),
before repeal by section 306(b)(6) of this division.
(8) Section 273(d) (8 U.S.C. 1323(d)), before its
repeal by section 308(e)(13) of this division.
(9) Section 292 (8 U.S.C. 1362).
(c) Compensation for Immigration Judges.--
(1) In general.--There shall be four levels of pay
for immigration judges, under the Immigration Judge
Schedule (designated as IJ-1, 2, 3, and 4,
respectively), and each such judge shall be paid at one
of those levels, in accordance with the provisions of
this subsection.
(2) Rates of pay.--
(A) The rates of basic pay for the levels
established under paragraph (1) shall be as
follows:
IJ-1..............70% of the next to highest rate of basic pay for the
Senior Executive Service
IJ-2..............80% of the next to highest rate of basic pay for the
Senior Executive Service
IJ-3..............90% of the next to highest rate of basic pay for the
Senior Executive Service
IJ-4..............92% of the next to highest rate of basic pay for the
Senior Executive Service.
(B) Locality pay, where applicable, shall
be calculated into the basic pay for
immigration judges.
(3) Appointment.--
(A) Upon appointment, an immigration judge
shall be paid at IJ-1, and shall be advanced to
IJ-2 upon completion of 104 weeks of service,
to IJ-3 upon completion of 104 weeks of service
in the next lower rate, and to IJ-4 upon
completion of 52 weeks of service in the next
lower rate.
(B) Notwithstanding subparagraph (A), the
Attorney General may provide for appointment of
an immigration judge at an advanced rate under
such circumstances as the Attorney General may
determine appropriate.
(4) Transition.--Immigration judges serving as of
the effective date shall be paid at the rate that
corresponds to the amount of time, as provided under
paragraph (3)(A), that they have served as an
immigration judge, and in no case shall be paid less
after the effective date than the rate of pay prior to
the effective date.
(d) Effective Dates.--
(1) Subsections (a) and (b) shall take effect on
the date of the enactment of this Act.
(2) Subsection (c) shall take effect 90 days after
the date of the enactment of this Act.
SEC. 372. DELEGATION OF IMMIGRATION ENFORCEMENT AUTHORITY.
Section 103(a) (8 U.S.C. 1103(a)) is amended--
(1) inserting ``(1)'' after ``(a)'',
(2) by designating each sentence (after the first
sentence) as a separate paragraph with appropriate
consecutive numbering and initial indentation,
(3) by adding at the end the following new
paragraph:
``(8) In the event the Attorney General determines that an
actual or imminent mass influx of aliens arriving off the coast
of the United States, or near a land border, presents urgent
circumstances requiring an immediate Federal response, the
Attorney General may authorize any State or local law
enforcement officer, with the consent of the head of the
department, agency, or establishment under whose jurisdiction
the individual is serving, to perform or exercise any of the
powers, privileges, or duties conferred or imposed by this Act
or regulations issued thereunder upon officers or employees of
the Service.''.
SEC. 373. POWERS AND DUTIES OF THE ATTORNEY GENERAL AND THE
COMMISSIONER.
Section 103 (8 U.S.C. 1103) is amended--
(1) by adding at the end of subsection (a) the
following new paragraph:
``(9) The Attorney General, in support of persons in
administrative detention in non-Federal institutions, is
authorized--
``(A) to make payments from funds appropriated for
the administration and enforcement of the laws relating
to immigration, naturalization, and alien registration
for necessary clothing, medical care, necessary guard
hire, and the housing, care, and security of persons
detained by the Service pursuant to Federal law under
an agreement with a State or political subdivision of a
State; and
``(B) to enter into a cooperative agreement with
any State, territory, or political subdivision thereof,
for the necessary construction, physical renovation,
acquisition of equipment, supplies or materials
required to establish acceptable conditions of
confinement and detention services in any State or unit
of local government which agrees to provide guaranteed
bed space for persons detained by the Service.''; and
(2) by adding at the end of subsection (c), as
redesignated by section 102(d)(1) of this division, the
following: ``The Commissioner may enter into
cooperative agreements with State and local law
enforcement agencies for the purpose of assisting in
the enforcement of the immigration laws.''.
SEC. 374. JUDICIAL DEPORTATION.
(a) In General.--Section 242A(d) (8 U.S.C. 1252a(d)), as
added by section 224(a) of Immigration and Nationality
Technical Corrections Act of 1994 and before redesignation by
section 308(b)(5) of this division, is amended--
(1) in paragraph (1), by striking ``whose criminal
conviction causes such alien to be deportable under
section 241(a)(2)(A)'' and inserting ``who is
deportable'';
(2) in paragraph (4), by striking ``without a
decision on the merits''; and
(3) by adding at the end the following new
paragraph:
``(5) Stipulated judicial order of deportation.--
The United States Attorney, with the concurrence of the
Commissioner, may, pursuant to Federal Rule of Criminal
Procedure 11, enter into a plea agreement which calls
for the alien, who is deportable under this Act, to
waive the right to notice and a hearing under this
section, and stipulate to the entry of a judicial order
of deportation from the United States as a condition of
the plea agreement or as a condition of probation or
supervised release, or both. The United States district
court, in both felony and misdemeanor cases, and a
United States magistrate judge in misdemeanor cases,
may accept such a stipulation and shall have
jurisdiction to enter a judicial order of deportation
pursuant to the terms of such stipulation.''.
(b) Deportation As a Condition of Probation.--Section
3563(b) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph
(20);
(2) by redesignating paragraph (21) as paragraph
(22); and
(3) by inserting after paragraph (20) the following
new paragraph:
``(21) be ordered deported by a United States
district court, or United States magistrate judge,
pursuant to a stipulation entered into by the defendant
and the United States under section 242A(d)(5) of the
Immigration and Nationality Act, except that, in the
absence of a stipulation, the United States district
court or a United States magistrate judge, may order
deportation as a condition of probation, if, after
notice and hearing pursuant to such section, the
Attorney General demonstrates by clear and convincing
evidence that the alien is deportable; or''.
(c) Effective Date.--The amendment made by subsection
(a)(2) shall be effective as if included in the enactment of
section 224(a) of the Immigration and Nationality Technical
Corrections Act of 1994.
SEC. 375. LIMITATION ON ADJUSTMENT OF STATUS.
Section 245(c) (8 U.S.C. 1255(c)) is amended--
(1) by striking ``or (6)'' and inserting ``(6)'';
and
(2) by inserting before the period at the end the
following: ``; (7) any alien who seeks adjustment of
status to that of an immigrant under section 203(b) and
is not in a lawful nonimmigrant status; or (8) any
alien who was employed while the alien was an
unauthorized alien, as defined in section 274A(h)(3),
or who has otherwise violated the terms of a
nonimmigrant visa''.
SEC. 376. TREATMENT OF CERTAIN FEES.
(a) Increase in Fee.--Section 245(i) (8 U.S.C. 1255(i)), as
added by section 506(b) of Public Law 103-317, is amended--
(1) in paragraph (1), by striking ``five times the
fee required for the processing of applications under
this section'' and inserting ``$1,000''; and
(2) by amending paragraph (3) to read as follows:
``(3)(A) The portion of each application fee (not to exceed
$200) that the Attorney General determines is required to
process an application under this section and is remitted to
the Attorney General pursuant to paragraphs (1) and (2) of this
subsection shall be disposed of by the Attorney General as
provided in subsections (m), (n), and (o) of section 286.
``(B) Any remaining portion of such fees remitted under
such paragraphs shall be deposited by the Attorney General into
the Immigration Detention Account established under section
286(s).''.
(b) Immigration Detention Account.--Section 286 (8 U.S.C.
1356) is amended by adding at the end the following new
subsection:
``(s) Immigration Detention Account.--(1) There is
established in the general fund of the Treasury a separate
account which shall be known as the `Immigration Detention
Account'. Notwithstanding any other section of this title,
there shall be deposited as offsetting receipts into the
Immigration Detention Account amounts described in section
245(i)(3)(B) to remain available until expended.
``(2)(A) The Secretary of the Treasury shall refund out of
the Immigration Detention Account to any appropriation the
amount paid out of such appropriation for expenses incurred by
the Attorney General for the detention of aliens under sections
236(c) and 241(a).
``(B) The amounts which are required to be refunded under
subparagraph (A) shall be refunded at least quarterly on the
basis of estimates made by the Attorney General of the expenses
referred to in subparagraph (A). Proper adjustments shall be
made in the amounts subsequently refunded under subparagraph
(A) to the extent prior estimates were in excess of, or less
than, the amount required to be refunded under subparagraph
(A).
``(C) The amounts required to be refunded from the
Immigration Detention Account for fiscal year 1997 and
thereafter shall be refunded in accordance with estimates made
in the budget request of the Attorney General for those fiscal
years. Any proposed changes in the amounts designated in such
budget requests shall only be made after notification to the
Committees on Appropriations of the House of Representatives
and the Senate in accordance with section 605 of Public Law
104-134.
``(D) The Attorney General shall prepare and submit
annually to the Congress statements of financial condition of
the Immigration Detention Account, including beginning account
balance, revenues, withdrawals, and ending account balance and
projection for the ensuing fiscal year.''.
(c) Effective Date.--The amendments made by this section
shall apply to applications made on or after the end of the 90-
day period beginning on the date of the enactment of this Act.
SEC. 377. LIMITATION ON LEGALIZATION LITIGATION.
(a) Limitation on Court Jurisdiction.--Section 245A(f)(4)
(8 U.S.C. 1255a(f)(4)) is amended by adding at the end the
following new subparagraph:
``(C) Jurisdiction of courts.--
Notwithstanding any other provision of law, no
court shall have jurisdiction of any cause of
action or claim by or on behalf of any person
asserting an interest under this section unless
such person in fact filed an application under
this section within the period specified by
subsection (a)(1), or attempted to file a
complete application and application fee with
an authorized legalization officer of the
Service but had the application and fee refused
by that officer.''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective as if included in the enactment of the
Immigration Reform and Control Act of 1986.
SEC. 378. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.
(a) In General.--Section 246(a) (8 U.S.C. 1256(a)) is
amended by adding at the end the following sentence: ``Nothing
in this subsection shall require the Attorney General to
rescind the alien's status prior to commencement of procedures
to remove the alien under section 240, and an order of removal
issued by an immigration judge shall be sufficient to rescind
the alien's status.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the title III-A effective date (as defined
in section 309(a) of this division).
SEC. 379. ADMINISTRATIVE REVIEW OF ORDERS.
(a) In General.--Sections 274A(e)(7) and 274C(d)(4) (8
U.S.C. 1324a(e)(7), 1324c(d)(4)) are each amended--
(1) by striking ``unless, within 30 days, the
Attorney General modifies or vacates the decision and
order'' and inserting ``unless either (A) within 30
days, an official delegated by regulation to exercise
review authority over the decision and order modifies
or vacates the decision and order, or (B) within 30
days of the date of such a modification or vacation (or
within 60 days of the date of decision and order of an
administrative law judge if not so modified or vacated)
the decision and order is referred to the Attorney
General pursuant to regulations''; and
(2) by striking ``a final order'' and inserting
``the final agency decision and order''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to orders issued on or after the date of the
enactment of this Act.
SEC. 380. CIVIL PENALTIES FOR FAILURE TO DEPART.
(a) In General.--The Immigration and Nationality Act is
amended by inserting after section 274C the following new
section:
``civil penalties for failure to depart
``Sec. 274D. (a) In General.--Any alien subject to a final
order of removal who--
``(1) willfully fails or refuses to--
``(A) depart from the United States
pursuant to the order,
``(B) make timely application in good faith
for travel or other documents necessary for
departure, or
``(C) present for removal at the time and
place required by the Attorney General; or
``(2) conspires to or takes any action designed to
prevent or hamper the alien's departure pursuant to the
order,
shall pay a civil penalty of not more than $500 to the
Commissioner for each day the alien is in violation of this
section.
``(b) Construction.--Nothing in this section shall be
construed to diminish or qualify any penalties to which an
alien may be subject for activities proscribed by section
243(a) or any other section of this Act.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 274C the
following new item:
``Sec. 274D. Civil penalties for failure to depart.''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to actions occurring on or after the title III-A
effective date (as defined in section 309(a) of this division).
SEC. 381. CLARIFICATION OF DISTRICT COURT JURISDICTION.
(a) In General.--Section 279 (8 U.S.C. 1329) is amended--
(1) by amending the first sentence to read as
follows: ``The district courts of the United States
shall have jurisdiction of all causes, civil and
criminal, brought by the United States that arise under
the provisions of this title.'', and
(2) by adding at the end the following new
sentence: ``Nothing in this section shall be construed
as providing jurisdiction for suits against the United
States or its agencies or officers.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to actions filed after the date of the enactment of
this Act.
SEC. 382. APPLICATION OF ADDITIONAL CIVIL PENALTIES TO ENFORCEMENT.
(a) In General.--Subsection (b) of section 280 (8 U.S.C.
1330) is amended to read as follows:
``(b)(1) There is established in the general fund of the
Treasury a separate account which shall be known as the
`Immigration Enforcement Account'. Notwithstanding any other
section of this title, there shall be deposited as offsetting
receipts into the Immigration Enforcement Account amounts
described in paragraph (2) to remain available until expended.
``(2) The amounts described in this paragraph are the
following:
``(A) The increase in penalties collected resulting
from the amendments made by sections 203(b) and 543(a)
of the Immigration Act of 1990.
``(B) Civil penalties collected under sections
240B(d), 274C, 274D, and 275(b).
``(3)(A) The Secretary of the Treasury shall refund out of
the Immigration Enforcement Account to any appropriation the
amount paid out of such appropriation for expenses incurred by
the Attorney General for activities that enhance enforcement of
provisions of this title. Such activities include--
``(i) the identification, investigation,
apprehension, detention, and removal of criminal
aliens;
``(ii) the maintenance and updating of a system to
identify and track criminal aliens, deportable aliens,
inadmissible aliens, and aliens illegally entering the
United States; and
``(iii) for the repair, maintenance, or
construction on the United States border, in areas
experiencing high levels of apprehensions of illegal
aliens, of structures to deter illegal entry into the
United States.
``(B) The amounts which are required to be refunded under
subparagraph (A) shall be refunded at least quarterly on the
basis of estimates made by the Attorney General of the expenses
referred to in subparagraph (A). Proper adjustments shall be
made in the amounts subsequently refunded under subparagraph
(A) to the extent prior estimates were in excess of, or less
than, the amount required to be refunded under subparagraph
(A).
``(C) The amounts required to be refunded from the
Immigration Enforcement Account for fiscal year 1996 and
thereafter shall be refunded in accordance with estimates made
in the budget request of the Attorney General for those fiscal
years. Any proposed changes in the amounts designated in such
budget requests shall only be made after notification to the
Committees on Appropriations of the House of Representatives
and the Senate in accordance with section 605 of Public Law
104-134.
``(D) The Attorney General shall prepare and submit
annually to the Congress statements of financial condition of
the Immigration Enforcement Account, including beginning
account balance, revenues, withdrawals, and ending account
balance and projection for the ensuing fiscal year.''.
(b) Immigration User Fee Account.--Section 286(h)(1)(B) (8
U.S.C. 1356(h)(1)(B)) is amended by striking ``271'' and
inserting ``243(c), 271,''.
(c) Effective Date.--The amendments made by this section
shall apply to fines and penalties collected on or after the
date of the enactment of this Act.
SEC. 383. EXCLUSION OF CERTAIN ALIENS FROM FAMILY UNITY PROGRAM.
(a) In General.--Section 301(e) of the Immigration Act of
1990 (8 U.S.C. 1255a note) is amended--
(1) by striking ``or'' at the end of paragraph (1),
(2) by striking the period at the end of paragraph
(2) and inserting ``, or'', and
(3) by adding at the end the following new
paragraph:
``(3) has committed an act of juvenile delinquency
which if committed by an adult would be classified as--
``(A) a felony crime of violence that has
an element the use or attempted use of physical
force against another individual, or
``(B) a felony offense that by its nature
involves a substantial risk that physical force
against another individual may be used in the
course of committing the offense.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to benefits granted or extended after the date of
the enactment of this Act.
SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION.
(a) In General.--Except as provided in subsection (b), in
no case may the Attorney General, or any other official or
employee of the Department of Justice (including any bureau or
agency of such Department)--
(1) make an adverse determination of admissibility
or deportability of an alien under the Immigration and
Nationality Act using information furnished solely by--
(A) a spouse or parent who has battered the
alien or subjected the alien to extreme
cruelty,
(B) a member of the spouse's or parent's
family residing in the same household as the
alien who has battered the alien or subjected
the alien to extreme cruelty when the spouse or
parent consented to or acquiesced in such
battery or cruelty,
(C) a spouse or parent who has battered the
alien's child or subjected the alien's child to
extreme cruelty (without the active
participation of the alien in the battery or
extreme cruelty), or
(D) a member of the spouse's or parent's
family residing in the same household as the
alien who has battered the alien's child or
subjected the alien's child to extreme cruelty
when the spouse or parent consented to or
acquiesced in such battery or cruelty and the
alien did not actively participate in such
battery or cruelty,
unless the alien has been convicted of a crime or
crimes listed in section 241(a)(2) of the Immigration
and Nationality Act; or
(2) permit use by or disclosure to anyone (other
than a sworn officer or employee of the Department, or
bureau or agency thereof, for legitimate Department,
bureau, or agency purposes) of any information which
relates to an alien who is the beneficiary of an
application for relief under clause (iii) or (iv) of
section 204(a)(1)(A), clause (ii) or (iii) of section
204(a)(1)(B), section 216(c)(4)(C), or section
244(a)(3) of such Act as an alien (or the parent of a
child) who has been battered or subjected to extreme
cruelty.
The limitation under paragraph (2) ends when the application
for relief is denied and all opportunities for appeal of the
denial have been exhausted.
(b) Exceptions.--
(1) The Attorney General may provide, in the
Attorney General's discretion, for the disclosure of
information in the same manner and circumstances as
census information may be disclosed by the Secretary of
Commerce under section 8 of title 13, United States
Code.
(2) The Attorney General may provide in the
discretion of the Attorney General for the disclosure
of information to law enforcement officials to be used
solely for a legitimate law enforcement purpose.
(3) Subsection (a) shall not be construed as
preventing disclosure of information in connection with
judicial review of a determination in a manner that
protects the confidentiality of such information.
(4) Subsection (a)(2) shall not apply if all the
battered individuals in the case are adults and they
have all waived the restrictions of such subsection.
(c) Penalties for Violations.--Anyone who willfully uses,
publishes, or permits information to be disclosed in violation
of this section shall be subject to appropriate disciplinary
action and subject to a civil money penalty of not more than
$5,000 for each such violation.
(d) Conforming Amendments to Other Disclosure
Restrictions.--
(1) In general.--The last sentence of section
210(b)(6) and the second sentence of section 245A(c)(5)
(8 U.S.C. 1255a(c)(5)) are each amended to read as
follows: ``Anyone who uses, publishes, or permits
information to be examined in violation of this
paragraph shall be subject to appropriate disciplinary
action and subject to a civil money penalty of not more
than $5,000 for each violation.''.
(2) Effective date.--The amendments made by this
subsection shall apply to offenses occurring on or
after the date of the enactment of this Act.
SEC. 385. AUTHORIZATION OF ADDITIONAL FUNDS FOR REMOVAL OF ALIENS.
In addition to the amounts otherwise authorized to be
appropriated for each fiscal year beginning with fiscal year
1996, there are authorized to be appropriated to the Attorney
General $150,000,000 for costs associated with the removal of
inadmissible or deportable aliens, including costs of detention
of such aliens pending their removal, the hiring of more
investigators, and the hiring of more detention and deportation
officers.
SEC. 386. INCREASE IN INS DETENTION FACILITIES; REPORT ON DETENTION
SPACE.
(a) Increase in Detention Facilities.--Subject to the
availability of appropriations, the Attorney General shall
provide for an increase in the detention facilities of the
Immigration and Naturalization Service to at least 9,000 beds
before the end of fiscal year 1997.
(b) Report on Detention Space.--
(1) In general.--Not later than 6 months after the
date of the enactment of this Act, and every 6 months
thereafter, the Attorney General shall submit a report
to the Committees on the Judiciary of the House of
Representatives and of the Senate estimating the amount
of detention space that will be required, during the
fiscal year in which the report is submitted and the
succeeding fiscal year, to detain--
(A) all aliens subject to detention under
section 236(c) of the Immigration and
Nationality Act (as amended by section 303 of
this title) and section 241(a) of the
Immigration and Nationality Act (as inserted by
section 305(a)(3) of this title);
(B) all excludable or deportable aliens
subject to proceedings under section 238 of the
Immigration and Nationality Act (as
redesignated by section 308(b)(5) of this
title) or section 235(b)(2)(A) or 240 of the
Immigration and Nationality Act; and
(C) other excludable or deportable aliens
in accordance with the priorities established
by the Attorney General.
(2) Estimate of number of aliens released into the
community.--
(A) Criminal aliens.--
(i) In general.--The first report
submitted under paragraph (1) shall
include an estimate of the number of
criminal aliens who, in each of the 3
fiscal years concluded prior to the
date of the report--
(I) were released from
detention facilities of the
Immigration and Naturalization
Service (whether operated
directly by the Service or
through contract with other
persons or agencies); or
(II) were not taken into
custody or detention by the
Service upon completion of
their incarceration.
(ii) Aliens convicted of aggravated
felonies.--The estimate under clause
(i) shall estimate separately, with
respect to each year described in such
clause, the number of criminal aliens
described in such clause who were
convicted of an aggravated felony.
(B) All excludable or deportable aliens.--
The first report submitted under paragraph (1)
shall also estimate the number of excludable or
deportable aliens who were released into the
community due to a lack of detention facilities
in each of the 3 fiscal years concluded prior
to the date of the report notwithstanding
circumstances that the Attorney General
believed justified detention (for example, a
significant probability that the released alien
would not appear, as agreed, at subsequent
exclusion or deportation proceedings).
(C) Subsequent reports.--Each report under
paragraph (1) following the first such report
shall include the estimates under subparagraphs
(A) and (B), made with respect to the 6-month
period immediately preceding the date of the
submission of the report.
SEC. 387. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR THE
DETENTION OF INADMISSIBLE OR DEPORTABLE ALIENS.
(a) Establishment.--The Attorney General and the Secretary
of Defense shall establish one or more pilot programs for up to
2 years each to determine the feasibility of the use of
military bases, available because of actions under a base
closure law, as detention centers by the Immigration and
Naturalization Service. In selecting real property at a
military base for use as a detention center under the pilot
program, the Attorney General and the Secretary shall consult
with the redevelopment authority established for the military
base and give substantial deference to the redevelopment plan
prepared for the military base.
(b) Report.--Not later than 30 months after the date of the
enactment of this Act, the Attorney General, together with the
Secretary of Defense, shall submit a report to the Committees
on the Judiciary of the House of Representatives and of the
Senate, and the Committees on Armed Services of the House of
Representatives and of the Senate, on the feasibility of using
military bases closed under a base closure law as detention
centers by the Immigration and Naturalization Service.
(c) Definition.--For purposes of this section, the term
``base closure law'' means each of the following:
(1) The Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
(2) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).
(3) Section 2687 of title 10, United States Code.
(4) Any other similar law enacted after the date of
the enactment of this Act.
SEC. 388. REPORT ON INTERIOR REPATRIATION PROGRAM.
Not later than 30 months after the date of the enactment of
this Act, the Attorney General, in consultation with the
Secretary of State, shall submit a report to the Committees on
the Judiciary of the House of Representatives and of the Senate
on the operation of the program of interior repatriation
developed under section 437 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132).
TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT
Subtitle A--Pilot Programs for Employment Eligibility Confirmation
SEC. 401. ESTABLISHMENT OF PROGRAMS.
(a) In General.--The Attorney General shall conduct 3 pilot
programs of employment eligibility confirmation under this
subtitle.
(b) Implementation Deadline; Termination.--The Attorney
General shall implement the pilot programs in a manner that
permits persons and other entities to have elections under
section 402 of this division made and in effect no later than 1
year after the date of the enactment of this Act. Unless the
Congress otherwise provides, the Attorney General shall
terminate a pilot program at the end of the 4-year period
beginning on the first day the pilot program is in effect.
(c) Scope of Operation of Pilot Programs.--The Attorney
General shall provide for the operation--
(1) of the basic pilot program (described in
section 403(a) of this division) in, at a minimum, 5 of
the 7 States with the highest estimated population of
aliens who are not lawfully present in the United
States;
(2) of the citizen attestation pilot program
(described in section 403(b) of this division) in at
least 5 States (or, if fewer, all of the States) that
meet the condition described in section 403(b)(2)(A) of
this division; and
(3) of the machine-readable-document pilot program
(described in section 403(c) of this division) in at
least 5 States (or, if fewer, all of the States) that
meet the condition described in section 403(c)(2) of
this division.
(d) References in Subtitle.--In this subtitle--
(1) Pilot program references.--The terms
``program'' or ``pilot program'' refer to any of the 3
pilot programs provided for under this subtitle.
(2) Confirmation system.--The term ``confirmation
system'' means the confirmation system established
under section 404 of this division.
(3) References to section 274a.--Any reference in
this subtitle to section 274A (or a subdivision of such
section) is deemed a reference to such section (or
subdivision thereof) of the Immigration and Nationality
Act.
(4) I-9 or similar form.--The term ``I-9 or similar
form'' means the form used for purposes of section
274A(b)(1)(A) or such other form as the Attorney
General determines to be appropriate.
(5) Limited application to recruiters and
referrers.--Any reference to recruitment or referral
(or a recruiter or referrer) in relation to employment
is deemed a reference only to such recruitment or
referral (or recruiter or referrer) that is subject to
section 274A(a)(1)(B)(ii).
(6) United states citizenship.--The term ``United
States citizenship'' includes United States
nationality.
(7) State.--The term ``State'' has the meaning
given such term in section 101(a)(36) of the
Immigration and Nationality Act.
SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN A PILOT PROGRAM.
(a) Voluntary Election.--Subject to subsection (c)(3)(B),
any person or other entity that conducts any hiring (or
recruitment or referral) in a State in which a pilot program is
operating may elect to participate in that pilot program.
Except as specifically provided in subsection (e), the Attorney
General may not require any person or other entity to
participate in a pilot program.
(b) Benefit of Rebuttable Presumption.--
(1) In general.--If a person or other entity is
participating in a pilot program and obtains
confirmation of identity and employment eligibility in
compliance with the terms and conditions of the program
with respect to the hiring (or recruitment or referral)
of an individual for employment in the United States,
the person or entity has established a rebuttable
presumption that the person or entity has not violated
section 274A(a)(1)(A) with respect to such hiring (or
such recruitment or referral).
(2) Construction.--Paragraph (1) shall not be
construed as preventing a person or other entity that
has an election in effect under subsection (a) from
establishing an affirmative defense under section
274A(a)(3) if the person or entity complies with the
requirements of section 274A(a)(1)(B) but fails to
obtain confirmation under paragraph (1).
(c) General Terms of Elections.--
(1) In general.--An election under subsection (a)
shall be in such form and manner, under such terms and
conditions, and shall take effect, as the Attorney
General shall specify. The Attorney General may not
impose any fee as a condition of making an election or
participating in a pilot program.
(2) Scope of election.--
(A) In general.--Subject to paragraph (3),
any electing person or other entity may provide
that the election under subsection (a) shall
apply (during the period in which the election
is in effect)--
(i) to all its hiring (and all
recruitment or referral) in the State
(or States) in which the pilot program
is operating, or
(ii) to its hiring (or recruitment
or referral) in one or more pilot
program States or one or more places of
hiring (or recruitment or referral, as
the case may be) in the pilot program
States.
(B) Application of programs in non-pilot
program states.--In addition, the Attorney
General may permit a person or entity
electing--
(i) the basic pilot program
(described in section 403(a) of this
division) to provide that the election
applies to its hiring (or recruitment
or referral) in one or more States or
places of hiring (or recruitment or
referral) in which the pilot program is
not otherwise operating, or
(ii) the citizen attestation pilot
program (described in 403(b) of this
division) or the machine-readable-
document pilot program (described in
section 403(c) of this division) to
provide that the election applies to
its hiring (or recruitment or referral)
in one or more States or places of
hiring (or recruitment or referral) in
which the pilot program is not
otherwise operating but only if such
States meet the requirements of
403(b)(2)(A) and 403(c)(2) of this
division, respectively.
(3) Acceptance and rejection of elections.--
(A) In general.--Except as provided in
subparagraph (B), the Attorney General shall
accept all elections made under subsection (a).
(B) Rejection of elections.--The Attorney
General may reject an election by a person or
other entity under this section or limit its
applicability to certain States or places of
hiring (or recruitment or referral) if the
Attorney General has determined that there are
insufficient resources to provide appropriate
services under a pilot program for the person's
or entity's hiring (or recruitment or referral)
in any or all States or places of hiring.
(4) Termination of elections.--The Attorney General
may terminate an election by a person or other entity
under this section because the person or entity has
substantially failed to comply with its obligations
under the pilot program. A person or other entity may
terminate an election in such form and manner as the
Attorney General shall specify.
(d) Consultation, Education, and Publicity.--
(1) Consultation.--The Attorney General shall
closely consult with representatives of employers (and
recruiters and referrers) in the development and
implementation of the pilot programs, including the
education of employers (and recruiters and referrers)
about such programs.
(2) Publicity.--The Attorney General shall widely
publicize the election process and pilot programs,
including the voluntary nature of the pilot programs
and the advantages to employers (and recruiters and
referrers) of making an election under this section.
(3) Assistance through district offices.--The
Attorney General shall designate one or more
individuals in each District office of the Immigration
and Naturalization Service for a Service District in
which a pilot program is being implemented--
(A) to inform persons and other entities
that seek information about pilot programs of
the voluntary nature of such programs, and
(B) to assist persons and other entities in
electing and participating in any pilot
programs in effect in the District, in
complying with the requirements of section
274A, and in facilitating confirmation of the
identity and employment eligibility of
individuals consistent with such section.
(e) Select Entities Required to Participate in a Pilot
Program.--
(1) Federal government.--
(A) Executive departments.--
(i) In general.--Each Department of
the Federal Government shall elect to
participate in a pilot program and
shall comply with the terms and
conditions of such an election.
(ii) Election.--Subject to clause
(iii), the Secretary of each such
Department--
(I) shall elect the pilot
program (or programs) in which
the Department shall
participate, and
(II) may limit the election
to hiring occurring in certain
States (or geographic areas)
covered by the program (or
programs) and in specified
divisions within the
Department, so long as all
hiring by such divisions and in
such locations is covered.
(iii) Role of attorney general.--
The Attorney General shall assist and
coordinate elections under this
subparagraph in such manner as assures
that--
(I) a significant portion
of the total hiring within each
Department within States
covered by a pilot program is
covered under such a program,
and
(II) there is significant
participation by the Federal
Executive branch in each of the
pilot programs.
(B) Legislative branch.--Each Member of
Congress, each officer of Congress, and the
head of each agency of the legislative branch,
that conducts hiring in a State in which a
pilot program is operating shall elect to
participate in a pilot program, may specify
which pilot program or programs (if there is
more than one) in which the Member, officer, or
agency will participate, and shall comply with
the terms and conditions of such an election.
(2) Application to certain violators.--An order
under section 274A(e)(4) or section 274B(g) of the
Immigration and Nationality Act may require the subject
of the order to participate in, and comply with the
terms of, a pilot program with respect to the subject's
hiring (or recruitment or referral) of individuals in a
State covered by such a program.
(3) Consequence of failure to participate.--If a
person or other entity is required under this
subsection to participate in a pilot program and fails
to comply with the requirements of such program with
respect to an individual--
(A) such failure shall be treated as a
violation of section 274A(a)(1)(B) with respect
to that individual, and
(B) a rebuttable presumption is created
that the person or entity has violated section
274A(a)(1)(A).
Subparagraph (B) shall not apply in any prosecution
under section 274A(f)(1).
(f) Construction.--This subtitle shall not affect the
authority of the Attorney General under any other law
(including section 274A(d)(4)) to conduct demonstration
projects in relation to section 274A.
SEC. 403. PROCEDURES FOR PARTICIPANTS IN PILOT PROGRAMS.
(a) Basic Pilot Program.--A person or other entity that
elects to participate in the basic pilot program described in
this subsection agrees to conform to the following procedures
in the case of the hiring (or recruitment or referral) for
employment in the United States of each individual covered by
the election:
(1) Provision of additional information.--The
person or entity shall obtain from the individual (and
the individual shall provide) and shall record on the
I-9 or similar form--
(A) the individual's social security
account number, if the individual has been
issued such a number, and
(B) if the individual does not attest to
United States citizenship under section
274A(b)(2), such identification or
authorization number established by the
Immigration and Naturalization Service for the
alien as the Attorney General shall specify,
and shall retain the original form and make it
available for inspection for the period and in the
manner required of I-9 forms under section 274A(b)(3).
(2) Presentation of documentation.--
(A) In general.--The person or other
entity, and the individual whose identity and
employment eligibility are being confirmed,
shall, subject to subparagraph (B), fulfill the
requirements of section 274A(b) with the
following modifications:
(i) A document referred to in
section 274A(b)(1)(B)(ii) (as
redesignated by section 412(a) of this
division) must be designated by the
Attorney General as suitable for the
purpose of identification in a pilot
program.
(ii) A document referred to in
section 274A(b)(1)(D) must contain a
photograph of the individual.
(iii) The person or other entity
has complied with the requirements of
section 274A(b)(1) with respect to
examination of a document if the
document reasonably appears on its face
to be genuine and it reasonably appears
to pertain to the individual whose
identity and work eligibility is being
confirmed.
(B) Limitation of requirement to examine
documentation.--If the Attorney General finds
that a pilot program would reliably determine
with respect to an individual whether--
(i) the person with the identity
claimed by the individual is authorized
to work in the United States, and
(ii) the individual is claiming the
identity of another person,
if a person or entity could fulfill the
requirement to examine documentation contained
in subparagraph (A) of section 274A(b)(1) by
examining a document specified in either
subparagraph (B) or (D) of such section, the
Attorney General may provide that, for purposes
of such requirement, only such a document need
be examined. In such case, any reference in
section 274A(b)(1)(A) to a verification that an
individual is not an unauthorized alien shall
be deemed to be a verification of the
individual's identity.
(3) Seeking confirmation.--
(A) In general.--The person or other entity
shall make an inquiry, as provided in section
404(a)(1) of this division, using the
confirmation system to seek confirmation of the
identity and employment eligibility of an
individual, by not later than the end of 3
working days (as specified by the Attorney
General) after the date of the hiring (or
recruitment or referral, as the case may be).
(B) Extension of time period.--If the
person or other entity in good faith attempts
to make an inquiry during such 3 working days
and the confirmation system has registered that
not all inquiries were received during such
time, the person or entity can make an inquiry
in the first subsequent working day in which
the confirmation system registers that it has
received all inquiries. If the confirmation
system cannot receive inquiries at all times
during a day, the person or entity merely has
to assert that the entity attempted to make the
inquiry on that day for the previous sentence
to apply to such an inquiry, and does not have
to provide any additional proof concerning such
inquiry.
(4) Confirmation or nonconfirmation.--
(A) Confirmation upon initial inquiry.--If
the person or other entity receives an
appropriate confirmation of an individual's
identity and work eligibility under the
confirmation system within the time period
specified under section 404(b) of this
division, the person or entity shall record on
the I-9 or similar form an appropriate code
that is provided under the system and that
indicates a final confirmation of such identity
and work eligibility of the individual.
(B) Nonconfirmation upon initial inquiry
and secondary verification.--
(i) Nonconfirmation.--If the person
or other entity receives a tentative
nonconfirmation of an individual's
identity or work eligibility under the
confirmation system within the time
period specified under 404(b) of this
division, the person or entity shall so
inform the individual for whom the
confirmation is sought.
(ii) No contest.--If the individual
does not contest the nonconfirmation
within the time period specified in
section 404(c) of this division, the
nonconfirmation shall be considered
final. The person or entity shall then
record on the I-9 or similar form an
appropriate code which has been
provided under the system to indicate a
tentative nonconfirmation.
(iii) Contest.--If the individual
does contest the nonconfirmation, the
individual shall utilize the process
for secondary verification provided
under section 404(c) of this division.
The nonconfirmation will remain
tentative until a final confirmation or
nonconfirmation is provided by the
confirmation system within the time
period specified in such section. In no
case shall an employer terminate
employment of an individual because of
a failure of the individual to have
identity and work eligibility confirmed
under this section until a
nonconfirmation becomes final. Nothing
in this clause shall apply to a
termination of employment for any
reason other than because of such a
failure.
(iv) Recording of conclusion on
form.--If a final confirmation or
nonconfirmation is provided by the
confirmation system under section
404(c) of this division regarding an
individual, the person or entity shall
record on the I-9 or similar form an
appropriate code that is provided under
the system and that indicates a
confirmation or nonconfirmation of
identity and work eligibility of the
individual.
(C) Consequences of nonconfirmation.--
(i) Termination or notification of
continued employment.--If the person or
other entity has received a final
nonconfirmation regarding an individual
under subparagraph (B), the person or
entity may terminate employment (or
recruitment or referral) of the
individual. If the person or entity
does not terminate employment (or
recruitment or referral) of the
individual, the person or entity shall
notify the Attorney General of such
fact through the confirmation system or
in such other manner as the Attorney
General may specify.
(ii) Failure to notify.--If the
person or entity fails to provide
notice with respect to an individual as
required under clause (i), the failure
is deemed to constitute a violation of
section 274A(a)(1)(B) with respect to
that individual and the applicable
civil monetary penalty under section
274A(e)(5) shall be (notwithstanding
the amounts specified in such section)
no less than $500 and no more than
$1,000 for each individual with respect
to whom such violation occurred.
(iii) Continued employment after
final nonconfirmation.--If the person
or other entity continues to employ (or
to recruit or refer) an individual
after receiving final nonconfirmation,
a rebuttable presumption is created
that the person or entity has violated
section 274A(a)(1)(A). The previous
sentence shall not apply in any
prosecution under section 274A(f)(1).
(b) Citizen Attestation Pilot Program.--
(1) In general.--Except as provided in paragraphs
(3) through (5), the procedures applicable under the
citizen attestation pilot program under this subsection
shall be the same procedures as those under the basic
pilot program under subsection (a).
(2) Restrictions.--
(A) State document requirement to
participate in pilot program.--The Attorney
General may not provide for the operation of
the citizen attestation pilot program in a
State unless each driver's license or similar
identification document described in section
274A(b)(1)(D)(i) issued by the State--
(i) contains a photograph of the
individual involved, and
(ii) has been determined by the
Attorney General to have security
features, and to have been issued
through application and issuance
procedures, which make such document
sufficiently resistant to
counterfeiting, tampering, and
fraudulent use that it is a reliable
means of identification for purposes of
this section.
(B) Authorization to limit employer
participation.--The Attorney General may
restrict the number of persons or other
entities that may elect to participate in the
citizen attestation pilot program under this
subsection as the Attorney General determines
to be necessary to produce a representative
sample of employers and to reduce the potential
impact of fraud.
(3) No confirmation required for certain
individuals attesting to u.s. citizenship.--In the case
of a person or other entity hiring (or recruiting or
referring) an individual under the citizen attestation
pilot program, if the individual attests to United
States citizenship (under penalty of perjury on an I-9
or similar form which form states on its face the
criminal and other penalties provided under law for a
false representation of United States citizenship)--
(A) the person or entity may fulfill the
requirement to examine documentation contained
in subparagraph (A) of section 274A(b)(1) by
examining a document specified in either
subparagraph (B)(i) or (D) of such section; and
(B) the person or other entity is not
required to comply with respect to such
individual with the procedures described in
paragraphs (3) and (4) of subsection (a), but
only if the person or entity retains the form
and makes it available for inspection in the
same manner as in the case of an I-9 form under
section 274A(b)(3).
(4) Waiver of document presentation requirement in
certain cases.--
(A) In general.--In the case of a person or
entity that elects, in a manner specified by
the Attorney General consistent with
subparagraph (B), to participate in the pilot
program under this paragraph, if an individual
being hired (or recruited or referred) attests
(in the manner described in paragraph (3)) to
United States citizenship and the person or
entity retains the form on which the
attestation is made and makes it available for
inspection in the same manner as in the case of
an I-9 form under section 274A(b)(3), the
person or entity is not required to comply with
the procedures described in section 274A(b).
(B) Restriction.--The Attorney General
shall restrict the election under this
paragraph to no more than 1,000 employers and,
to the extent practicable, shall select among
employers seeking to make such election in a
manner that provides for such an election by a
representative sample of employers.
(5) Nonreviewable determinations.--The
determinations of the Attorney General under paragraphs
(2) and (4) are within the discretion of the Attorney
General and are not subject to judicial or
administrative review.
(c) Machine-Readable-Document Pilot Program.--
(1) In general.--Except as provided in paragraph
(3), the procedures applicable under the machine-
readable-document pilot program under this subsection
shall be the same procedures as those under the basic
pilot program under subsection (a).
(2) State document requirement to participate in
pilot program.--The Attorney General may not provide
for the operation of the machine-readable-document
pilot program in a State unless driver's licenses and
similar identification documents described in section
274A(b)(1)(D)(i) issued by the State include a machine-
readable social security account number.
(3) Use of machine-readable documents.--If the
individual whose identity and employment eligibility
must be confirmed presents to the person or entity
hiring (or recruiting or referring) the individual a
license or other document described in paragraph (2)
that includes a machine-readable social security
account number, the person or entity must make an
inquiry through the confirmation system by using a
machine-readable feature of such document. If the
individual does not attest to United States citizenship
under section 274A(b)(2), the individual's
identification or authorization number described in
subsection (a)(1)(B) shall be provided as part of the
inquiry.
(d) Protection From Liability for Actions Taken on the
Basis of Information Provided by the Confirmation System.--No
person or entity participating in a pilot program shall be
civilly or criminally liable under any lawfor any action taken
in good faith reliance on information provided through the confirmation
system.
SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.
(a) In General.--The Attorney General shall establish a
pilot program confirmation system through which the Attorney
General (or a designee of the Attorney General, which may be a
nongovernmental entity)--
(1) responds to inquiries made by electing persons
and other entities (including those made by the
transmittal of data from machine-readable documents
under the machine-readable pilot program) at any time
through a toll-free telephone line or other toll-free
electronic media concerning an individual's identity
and whether the individual is authorized to be
employed, and
(2) maintains records of the inquiries that were
made, of confirmations provided (or not provided), and
of the codes provided to inquirers as evidence of their
compliance with their obligations under the pilot
programs.
To the extent practicable, the Attorney General shall seek to
establish such a system using one or more nongovernmental
entities.
(b) Initial Response.--The confirmation system shall
provide confirmation or a tentative nonconfirmation of an
individual's identity and employment eligibility within 3
working days of the initial inquiry. If providing confirmation
or tentative nonconfirmation, the confirmation system shall
provide an appropriate code indicating such confirmation or
such nonconfirmation.
(c) Secondary Verification Process in Case of Tentative
Nonconfirmation.--In cases of tentative nonconfirmation, the
Attorney General shall specify, in consultation with the
Commissioner of Social Security and the Commissioner of the
Immigration and Naturalization Service, an available secondary
verification process to confirm the validity of information
provided and to provide a final confirmation or nonconfirmation
within 10 working days after the date of the tentative
nonconfirmation. When final confirmation or nonconfirmation is
provided, the confirmation system shall provide an appropriate
code indicating such confirmation or nonconfirmation.
(d) Design and Operation of System.--The confirmation
system shall be designed and operated--
(1) to maximize its reliability and ease of use by
persons and other entities making elections under
section 402(a) of this division consistent with
insulating and protecting the privacy and security of
the underlying information;
(2) to respond to all inquiries made by such
persons and entities on whether individuals are
authorized to be employed and to register all times
when such inquiries are not received;
(3) with appropriate administrative, technical, and
physical safeguards to prevent unauthorized disclosure
of personal information; and
(4) to have reasonable safeguards against the
system's resulting in unlawful discriminatory practices
based on national origin or citizenship status,
including--
(A) the selective or unauthorized use of
the system to verify eligibility;
(B) the use of the system prior to an offer
of employment; or
(C) the exclusion of certain individuals
from consideration for employment as a result
of a perceived likelihood that additional
verification will be required, beyond what is
required for most job applicants.
(e) Responsibilities of the Commissioner of Social
Security.--As part of the confirmation system, the Commissioner
of Social Security, in consultation with the entity responsible
for administration of the system, shall establish a reliable,
secure method, which, within the time periods specified under
subsections (b) and (c), compares the name and social security
account number provided in an inquiry against such information
maintained by the Commissioner in order to confirm (or not
confirm) the validity of the information provided regarding an
individual whose identity and employment eligibility must be
confirmed, the correspondence of the name and number, and
whether the individual has presented a social security account
number that is not valid for employment. The Commissioner shall
not disclose or release social security information (other than
such confirmation or nonconfirmation).
(f) Responsibilities of the Commissioner of the Immigration
and Naturalization Service.--As part of the confirmation
system, the Commissioner of the Immigration and Naturalization
Service, in consultation with the entity responsible for
administration of the system, shall establish a reliable,
secure method, which, within the time periods specified under
subsections (b) and (c), compares the name and alien
identification or authorization number described in section
403(a)(1)(B) of this division which are provided in an inquiry
against such information maintained by the Commissioner in
order to confirm (or not confirm) the validity of the
information provided, the correspondence of the name and
number, and whether the alien is authorized to be employed in
the United States.
(g) Updating Information.--The Commissioners of Social
Security and the Immigration and Naturalization Service shall
update their information in a manner that promotes the maximum
accuracy and shall provide a process for the prompt correction
of erroneous information, including instances in which it is
brought to their attention in the secondary verification
process described in subsection (c).
(h) Limitation on Use of the Confirmation System and Any
Related Systems.--
(1) In general.--Notwithstanding any other
provision of law, nothing in this subtitle shall be
construed to permit or allow any department, bureau, or
other agency of the United States Government to utilize
any information, data base, or other records assembled
under this subtitle for any other purpose other than as
provided for under a pilot program.
(2) No national identification card.--Nothing in
this subtitle shall be construed to authorize, directly
or indirectly, the issuance or use of national
identification cards or the establishment of a national
identification card.
SEC. 405. REPORTS.
The Attorney General shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate
reports on the pilot programs within 3 months after the end of
the third and fourth years in which the programs are in effect.
Such reports shall--
(1) assess the degree of fraudulent attesting of
United States citizenship,
(2) include recommendations on whether or not the
pilot programs should be continued or modified, and
(3) assess the benefits of the pilot programs to
employers and the degree to which they assist in the
enforcement of section 274A.
Subtitle B--Other Provisions Relating to Employer Sanctions
SEC. 411. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS OF
PAPERWORK REQUIREMENTS.
(a) In General.--Section 274A(b) (8 U.S.C. 1324a(b)) is
amended by adding at the end the following new paragraph:
``(6) Good faith compliance.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), a person or entity
is considered to have complied with a
requirement of this subsection notwithstanding
a technical or procedural failure to meet such
requirement if there was a good faith attempt
to comply with the requirement.
``(B) Exception if failure to correct after
notice.--Subparagraph (A) shall not apply if--
``(i) the Service (or another
enforcement agency) has explained to
the person or entity the basis for the
failure,
``(ii) the person or entity has
been provided a period of not less than
10 business days (beginning after the
date of the explanation) within which
to correct the failure, and
``(iii) the person or entity has
not corrected the failure voluntarily
within such period.
``(C) Exception for pattern or practice
violators.--Subparagraph (A) shall not apply to
a person or entity that has or is engaging in a
pattern or practice of violations of subsection
(a)(1)(A) or (a)(2).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to failures occurring on or after the date of the
enactment of this Act.
SEC. 412. PAPERWORK AND OTHER CHANGES IN THE EMPLOYER SANCTIONS
PROGRAM.
(a) Reducing the Number of Documents Accepted for
Employment Verification.--Section 274A(b)(1) (8 U.S.C.
1324a(b)(1)) is amended--
(1) in subparagraph (B)--
(A) by striking clauses (ii) through (iv),
(B) in clause (v), by striking ``or other
alien registration card, if the card'' and
inserting ``, alien registration card, or other
document designated by the Attorney General, if
the document'' and redesignating such clause as
clause (ii), and
(C) in clause (ii), as so redesignated--
(i) in subclause (I), by striking
``or'' before ``such other personal
identifying information'' and inserting
``and'',
(ii) by striking ``and'' at the end
of subclause (I),
(iii) by striking the period at the
end of subclause (II) and inserting ``,
and'', and
(iv) by adding at the end the
following new subclause:
``(III) contains security
features to make it resistant
to tampering, counterfeiting,
and fraudulent use.'';
(2) in subparagraph (C)--
(A) by adding ``or'' at the end of clause
(i),
(B) by striking clause (ii), and
(C) by redesignating clause (iii) as clause
(ii); and
(3) by adding at the end the following new
subparagraph:
``(E) Authority to prohibit use of certain
documents.--If the Attorney General finds, by
regulation, that any document described in
subparagraph (B), (C), or (D) as establishing
employment authorization or identity does not
reliably establish such authorization or
identity or is being used fraudulently to an
unacceptable degree, the Attorney General may
prohibit or place conditions on its use for
purposes of this subsection.''.
(b) Reduction of Paperwork for Certain Employees.--Section
274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the end the
following new paragraph:
``(6) Treatment of documentation for certain
employees.--
``(A) In general.--For purposes of this
section, if--
``(i) an individual is a member of
a collective-bargaining unit and is
employed, under a collective bargaining
agreement entered into between one or
more employee organizations and an
association of two or more employers,
by an employer that is a member of such
association, and
``(ii) within the period specified
in subparagraph (B), another employer
that is a member of the association (or
an agent of such association on behalf
of the employer) has complied with the
requirements of subsection (b) with
respect to the employment of the
individual,
the subsequent employer shall be deemed to have
complied with the requirements of subsection
(b) with respect to the hiring of the employee
and shall not be liable for civil penalties
described in subsection (e)(5).
``(B) Period.--The period described in this
subparagraph is 3 years, or, if less, the
period of time that the individual is
authorized to be employed in the United States.
``(C) Liability.--
``(i) In general.--If any employer
that is a member of an association
hires for employment in the United
States an individual and relies upon
the provisions of subparagraph (A) to
comply with the requirements of
subsection (b) and the individual is an
alien not authorized to work in the
United States, then for the purposes of
paragraph (1)(A), subject to clause
(ii), the employer shall be presumed to
have known at the time of hiring or
afterward that the individual was an
alien not authorized to work in the
United States.
``(ii) Rebuttal of presumption.--
The presumption established by clause
(i) may be rebutted by the employer
only through the presentation of clear
and convincing evidence that the
employer did not know (and could not
reasonably have known) that the
individual at the time of hiring or
afterward was an alien not authorized
to work in the United States.
``(iii) Exception.--Clause (i)
shall not apply in any prosecution
under subsection (f)(1).''.
(c) Elimination of Dated Provisions.--Section 274A (8
U.S.C. 1324a) is amended by striking subsections (i) through
(n).
(d) Clarification of Application to Federal Government.--
Section 274A(a) (8 U.S.C. 1324a(a)), as amended by subsection
(b), is amended by adding at the end the following new
paragraph:
``(7) Application to federal government.--For
purposes of this section, the term `entity' includes an
entity in any branch of the Federal Government.''.
(e) Effective Dates.--
(1) The amendments made by subsection (a) shall
apply with respect to hiring (or recruitment or
referral) occurring on or after such date (not later
than 12 months after the date of the enactment of this
Act) as the Attorney General shall designate.
(2) The amendment made by subsection (b) shall
apply to individuals hired on or after 60 days after
the date of the enactment of this Act.
(3) The amendment made by subsection (c) shall take
effect on the date of the enactment of this Act.
(4) The amendment made by subsection (d) applies to
hiring occurring before, on, or after the date of the
enactment of this Act, but no penalty shall be imposed
under subsection (e) or (f) of section 274A of the
Immigration and Nationality Act for such hiring
occurring before such date.
SEC. 413. REPORT ON ADDITIONAL AUTHORITY OR RESOURCES NEEDED FOR
ENFORCEMENT OF EMPLOYER SANCTIONS PROVISIONS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Attorney General shall submit to
the Committees on the Judiciary of the House of Representatives
and of the Senate a report on any additional authority or
resources needed--
(1) by the Immigration and Naturalization Service
in order to enforce section 274A of the Immigration and
Nationality Act, or
(2) by Federal agencies in order to carry out the
Executive Order of February 13, 1996 (entitled
``Economy and Efficiency in Government Procurement
Through Compliance with Certain Immigration and
Naturalization Act Provisions'') and to expand the
restrictions in such order to cover agricultural
subsidies, grants, job training programs, and other
Federally subsidized assistance programs.
(b) Reference to Increased Authorization of
Appropriations.--For provision increasing the authorization of
appropriations for investigators for violations of sections 274
and 274A of the Immigration and Nationality Act, see section
131 of this division.
SEC. 414. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO WORK.
(a) In General.--Subsection (c) of section 290 (8 U.S.C.
1360) is amended to read as follows:
``(c)(1) Not later than 3 months after the end of each
fiscal year (beginning with fiscal year 1996), the Commissioner
of Social Security shall report to the Committees on the
Judiciary of the House of Representatives and the Senate on the
aggregate quantity of social security account numbers issued to
aliens not authorized to be employed, with respect to which, in
such fiscal year, earnings were reported to the Social Security
Administration.
``(2) If earnings are reported on or after January 1, 1997,
to the Social Security Administration on a social security
account number issued to an alien not authorized to work in the
United States, the Commissioner of Social Security shall
provide the Attorney General with information regarding the
name and address of the alien, the name and address of the
person reporting the earnings, and the amount of the earnings.
The information shall be provided in an electronic form agreed
upon by the Commissioner and the Attorney General.''.
(b) Report on Fraudulent Use of Social Security Account
Numbers.--The Commissioner of Social Security shall transmit to
the Attorney General, by not later than 1 year after the date
of the enactment of this Act, a report on the extent to which
social security account numbers and cards are used by aliens
for fraudulent purposes.
SEC. 415. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON ALIENS.
Section 264 (8 U.S.C. 1304) is amended by adding at the end
the following new subsection:
``(f) Notwithstanding any other provision of law, the
Attorney General is authorized to require any alien to provide
the alien's social security account number for purposes of
inclusion in any record of the alien maintained by the Attorney
General or the Service.''.
SEC. 416. SUBPOENA AUTHORITY.
Section 274A(e)(2) (8 U.S.C. 1324a(e)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph
(A);
(2) by striking the period at the end of
subparagraph (B) and inserting ``, and''; and
(3) by inserting after subparagraph (B) the
following:
``(C) immigration officers designated by
the Commissioner may compel by subpoena the
attendance of witnesses and the production of
evidence at any designated place prior to the
filing of a complaint in a case under paragraph
(2).''.
Subtitle C--Unfair Immigration-Related Employment Practices
SEC. 421. TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS UNFAIR
IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
(a) In General.--Section 274B(a)(6) (8 U.S.C. 1324b(a)(6))
is amended--
(1) by striking ``For purposes of paragraph (1),
a'' and inserting ``A''; and
(2) by striking ``relating to the hiring of
individuals'' and inserting the following: ``if made
for the purpose or with the intent of discriminating
against an individual in violation of paragraph (1)''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to requests made on or after the date of the
enactment of this Act.
TITLE V--RESTRICTIONS ON BENEFITS FOR ALIENS
Subtitle A--Eligibility of Aliens for Public Assistance and Benefits
SEC. 501. EXCEPTION TO INELIGIBILITY FOR PUBLIC BENEFITS FOR CERTAIN
BATTERED ALIENS.
Section 431 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641) is
amended by adding at the end the following new subsection:
``(c) Treatment of Certain Battered Aliens as Qualified
Aliens.--For purposes of this title, the term `qualified alien'
includes--
``(1) an alien who--
``(A) has been battered or subjected to
extreme cruelty in the United States by a
spouse or a parent, or by a member of the
spouse or parent's family residing in the same
household as the alien and the spouse or parent
consented to, or acquiesced in, such battery or
cruelty, but only if (in the opinion of the
Attorney General, which opinion is not subject
to review by any court) there is a substantial
connection between such battery or cruelty and
the need for the benefits to be provided; and
``(B) has been approved or has a petition
pending which sets forth a prima facie case
for--
``(i) status as a spouse or a child
of a United States citizen pursuant to
clause (ii), (iii), or (iv) of section
204(a)(1)(A) of the Immigration and
Nationality Act,
``(ii) classification pursuant to
clause (ii) or (iii) of section
204(a)(1)(B) of the Act,
``(iii) suspension of deportation
and adjustment of status pursuant to
section 244(a)(3) of such Act, or
``(iv) status as a spouse or child
of a United States citizen pursuant to
clause (i) of section 204(a)(1)(A) of
such Act, or classification pursuant to
clause (i) of section 204(a)(1)(B) of
such Act; or
``(2) an alien--
``(A) whose child has been battered or
subjected to extreme cruelty in the United
States by a spouse or a parent of the alien
(without the active participation of the alien
in the battery or cruelty), or by a member of
the spouse or parent's family residing in the
same household as the alien and the spouse or
parent consented or acquiesced to such battery
or cruelty, and the alien did not actively
participate in such battery or cruelty, but
only if (in the opinion of the Attorney
General, which opinion is not subject to review
by any court) there is a substantial connection
between such battery or cruelty and the need
for the benefits to be provided; and
``(B) who meets the requirement of clause
(ii) of subparagraph (A).
This subsection shall not apply to an alien during any period
in which the individual responsible for such battery or cruelty
resides in the same household or family eligibility unit as the
individual subjected to such battery or cruelty.''.
SEC. 502. PILOT PROGRAMS ON LIMITING ISSUANCE OF DRIVER'S LICENSES TO
ILLEGAL ALIENS.
(a) In General.--Pursuant to guidelines prescribed by the
Attorney General not later than 6 months after the date of the
enactment of this Act, all States may conduct pilot programs
within their State to determine the viability, advisability,
and cost-effectiveness of the State's denying driver's licenses
to aliens who are not lawfully present in the United States.
Under a pilot program a State may deny a driver's license to
aliens who are not lawfully present in the United States. Such
program shall be conducted in cooperation with relevant State
and local authorities.
(b) Report.--Not later than 3 years after the date of the
enactment of this Act, the Attorney General shall submit a
report to the Judiciary Committees of the House of
Representatives and of the Senate on the results of the pilot
programs conducted under subsection (a).
SEC. 503. INELIGIBILITY OF ALIENS NOT LAWFULLY PRESENT FOR SOCIAL
SECURITY BENEFITS.
(a) In General.--Section 202 of the Social Security Act (42
U.S.C. 402) is amended by adding at the end the following new
subsection:
``Limitation on Payments to Aliens
``(y) Notwithstanding any other provision of law, no
monthly benefit under this title shall be payable to any alien
in the United States for any month during which such alien is
not lawfully present in the United States as determined by the
Attorney General.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to benefits for which applications are
filed on or after the first day of the first month that begins
at least 60 days after the date of the enactment of this Act.
SEC. 504. PROCEDURES FOR REQUIRING PROOF OF CITIZENSHIP FOR FEDERAL
PUBLIC BENEFITS.
Section 432(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1642) is
amended--
(1) by inserting ``(1)'' after the dash, and
(2) by adding at the end the following:
``(2) Not later than 18 months after the date of the
enactment of this Act, the Attorney General, in consultation
with theSecretary of Health and Human Services, shall also
establish procedures for a person applying for a Federal public benefit
(as defined in section 401(c)) to provide proof of citizenship in a
fair and nondiscriminatory manner.''.
SEC. 505. LIMITATION ON ELIGIBILITY FOR PREFERENTIAL TREATMENT OF
ALIENS NOT LAWFULLY PRESENT ON BASIS OF RESIDENCE
FOR HIGHER EDUCATION BENEFITS.
(a) In General.--Notwithstanding any other provision of
law, an alien who is not lawfully present in the United States
shall not be eligible on the basis of residence within a State
(or a political subdivision) for any postsecondary education
benefit unless a citizen or national of the United States is
eligible for such a benefit (in no less an amount, duration,
and scope) without regard to whether the citizen or national is
such a resident.
(b) Effective Date.--This section shall apply to benefits
provided on or after July 1, 1998.
SEC. 506. STUDY AND REPORT ON ALIEN STUDENT ELIGIBILITY FOR
POSTSECONDARY FEDERAL STUDENT FINANCIAL ASSISTANCE.
(a) GAO Study and Report.--
(1) Study.--The Comptroller General shall conduct a
study to determine the extent to which aliens who are
not lawfully admitted for permanent residence are
receiving postsecondary Federal student financial
assistance.
(2) Report.--Not later than 1 year after the date
of the enactment of this Act, the Comptroller General
shall submit a report to the appropriate committees of
the Congress on the study conducted under paragraph
(1).
(b) Report on Computer Matching Program.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Education and the Commissioner of Social Security shall
jointly submit to the appropriate committees of the
Congress a report on the computer matching program of
the Department of Education under section 484(p) of the
Higher Education Act of 1965.
(2) Report elements.--The report under paragraph
(1) shall include the following:
(A) An assessment by the Secretary and the
Commissioner of the effectiveness of the
computer matching program, and a justification
for such assessment.
(B) The ratio of successful matches under
the program to inaccurate matches.
(C) Such other information as the Secretary
and the Commissioner jointly consider
appropriate.
(c) Appropriate Committees of the Congress.--For purposes
of this section the term ``appropriate committees of the
Congress'' means the Committee on Economic and Educational
Opportunities and the Committee on the Judiciary of the House
of Representatives and the Committee on Labor and Human
Resources and the Committee on the Judiciary of the Senate.
SEC. 507. VERIFICATION OF IMMIGRATION STATUS FOR PURPOSES OF SOCIAL
SECURITY AND HIGHER EDUCATIONAL ASSISTANCE.
(a) Social Security Act State Income and Eligibility
Verification Systems.--Section 1137(d)(4)(B)(i)) of the Social
Security Act (42 U.S.C. 1320b-7(d)(4)(B)(i)) is amended to read
as follows:
``(i) the State shall transmit to
the Immigration and Naturalization
Service either photostatic or other
similar copies of such documents, or
information from such documents, as
specified by the Immigration and
Naturalization Service, for official
verification,''.
(b) Eligibility for Assistance Under Higher Education Act
of 1965.--Section 484(g)(4)(B)(i) of the Higher Education Act
of 1965 (20 U.S.C. 1091(g)(4)(B)(i)) is amended to read as
follows:
``(i) the institution shall
transmit to the Immigration and
Naturalization Service either
photostatic or other similar copies of
such documents, or information from
such documents, as specified by the
Immigration and Naturalization Service,
for official verification,''.
SEC. 508. NO VERIFICATION REQUIREMENT FOR NONPROFIT CHARITABLE
ORGANIZATIONS.
Section 432 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1642) is
amended by adding at the end the following new subsection:
``(d) No Verification Requirement for Nonprofit Charitable
Organizations.--Subject to subsection (a), a nonprofit
charitable organization, in providing any Federal public
benefit (as defined in section 401(c)) or any State or local
public benefit (as defined in section 411(c)), is not required
under this title to determine, verify, or otherwise require
proof of eligibility of any applicant for such benefits.''.
SEC. 509. GAO STUDY OF PROVISION OF MEANS-TESTED PUBLIC BENEFITS TO
ALIENS WHO ARE NOT QUALIFIED ALIENS ON BEHALF OF
ELIGIBLE INDIVIDUALS.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General shall submit to the
Committees on the Judiciary of the House of Representatives and
of the Senate and to the Inspector General of the Department of
Justice a report on the extent to which means-tested public
benefits are being paid or provided to aliens who are not
qualified aliens (as defined in section 431(b) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996)
in order to provide such benefits to individuals who are United
States citizens or qualified aliens (as so defined). Such
report shall address the locations in which such benefits are
provided and the incidence of fraud or misrepresentation in
connection with the provision of such benefits.
SEC. 510. TRANSITION FOR ALIENS CURRENTLY RECEIVING BENEFITS UNDER THE
FOOD STAMP PROGRAM.
Effective as if included in the enactment of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,
subclause (I) of section 402(a)(2)(D)(ii) (8 U.S.C.
1612(a)(2)(D)(ii)) is amended to read as follows:
``(I) In general.--With
respect to the specified
Federal program described in
paragraph (3)(B), ineligibility
under paragraph (1) shall not
apply until April 1, 1997, to
an alien who received benefits
under such program on the date
of enactment of this Act,
unless such alien is determined
to be ineligible to receive
such benefits under the Food
Stamp Act of 1977. The State
agency shall recertify the
eligibility of all such aliens
during the period beginning
April 1, 1997, and ending
August 22, 1997.''.
Subtitle B--Public Charge Exclusion
SEC. 531. GROUND FOR EXCLUSION.
(a) In General.--Paragraph (4) of section 212(a) (8 U.S.C.
1182(a)) is amended to read as follows:
``(4) Public charge.--
``(A) In general.--Any alien who, in the
opinion of the consular officer at the time of
application for a visa, or in the opinion of
the Attorney General at the time of application
for admission or adjustment of status, is
likely at any time to become a public charge is
excludable.
``(B) Factors to be taken into account.--
(i) In determining whether an alien is
excludable under this paragraph, the consular
officer or the Attorney General shall at a
minimum consider the alien's--
``(I) age;
``(II) health;
``(III) family status;
``(IV) assets, resources, and
financial status; and
``(V) education and skills.
``(ii) In addition to the factors under
clause (i), the consular officer or the
Attorney General may also consider any
affidavit of support under section 213A for
purposes of exclusion under this paragraph.
``(C) Family-sponsored immigrants.--Any
alien who seeks admission or adjustment of
status under a visa number issued under section
201(b)(2) or 203(a) is excludable under this
paragraph unless--
``(i) the alien has obtained--
``(I) status as a spouse or
a child of a United States
citizen pursuant to clause
(ii), (iii), or (iv) of section
204(a)(1)(A), or
``(II) classification
pursuant to clause (ii) or
(iii) of section 204(a)(1)(B);
or
``(ii) the person petitioning for
the alien's admission (including any
additional sponsor required under
section 213A(f)) has executed an
affidavit of support described in
section 213A with respect to such
alien.
``(D) Certain employment-based
immigrants.--Any alien who seeks admission or
adjustment of status under a visa number issued
under section 203(b) by virtue of a
classification petition filed by a relative of
the alien (or by an entity in which such
relative has a significant ownership interest)
is excludable under this paragraph unless such
relative has executed an affidavit of support
described in section 213A with respect to such
alien.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to applications submitted on or after such date,
not earlier than 30 days and not later than 60 days after the
date the Attorney General promulgates under section 551(c)(2)
of this division a standard form for an affidavit of support,
as the Attorney General shall specify, but subparagraphs (C)
and (D) of section 212(a)(4) of the Immigration and Nationality
Act, as so amended, shall not apply to applications with
respect to which an official interview with an immigration
officer was conducted before such effective date.
Subtitle C--Affidavits of Support
SEC. 551. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.
(a) In General.--Section 213A (8 U.S.C. 1183a), as inserted
by section 423(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, is amended to read as
follows:
``requirements for sponsor's affidavit of support
``Sec. 213A. (a) Enforceability.--
``(1) Terms of affidavit.--No affidavit of support
may be accepted by the Attorney General or by any
consular officer to establish that an alien is not
excludable as a public charge under section 212(a)(4)
unless such affidavit is executed by a sponsor of the
alien as a contract--
``(A) in which the sponsor agrees to
provide support to maintain the sponsored alien
at an annual income that is not less than 125
percent of the Federal poverty line during the
period in which the affidavit is enforceable;
``(B) that is legally enforceable against
the sponsor by the sponsored alien, the Federal
Government, any State (or any political
subdivision of such State), or by any other
entity that provides any means-tested public
benefit (as defined in subsection (e)),
consistent with the provisions of this section;
and
``(C) in which the sponsor agrees to submit
to the jurisdiction of any Federal or State
court for the purpose of actions brought under
subsection (b)(2).
``(2) Period of enforceability.--An affidavit of
support shall be enforceable with respect to benefits
provided for an alien before the date the alien is
naturalized as a citizen of the United States, or, if
earlier, the termination date provided under paragraph
(3).
``(3) Termination of period of enforceability upon
completion of required period of employment, etc.--
``(A) In general.--An affidavit of support
is not enforceable after such time as the alien
(i) has worked 40 qualifying quarters of
coverage as defined under title II of the
Social Security Act or can be credited with
such qualifying quarters as provided under
subparagraph (B), and (ii) in the case of any
such qualifying quarter creditable for any
period beginning after December 31, 1996, did
not receive any Federal means-tested public
benefit (as provided under section 403 of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996) during any such
period.
``(B) Qualifying quarters.--For purposes of
this section, in determining the number of
qualifying quarters of coverage under title II
of the Social Security Act an alien shall be
credited with--
``(i) all of the qualifying
quarters of coverage as defined under
title II of the Social Security Act
worked by a parent of such alien while
the alien was under age 18, and
``(ii) all of the qualifying
quarters worked by a spouse of such
alien during their marriage and the
alien remains married to such spouse or
such spouse is deceased.
No such qualifying quarter of coverage that is
creditable under title II of the Social
Security Act for any period beginning after
December 31, 1996, may be credited to an alien
under clause (i) or (ii) if the parent or
spouse (as the case may be) of such alien
received any Federal means-tested public
benefit (as provided under section 403 of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996) during the period
for which such qualifying quarter of coverage
is so credited.
``(C) Provision of information to save
system.--The Attorney General shall ensure that
appropriate information regarding the
application of this paragraph is provided to
the system for alien verification of
eligibility (SAVE) described in section
1137(d)(3) of the Social Security Act.
``(b) Reimbursement of Government Expenses.--
``(1) Request for reimbursement.--
``(A) Requirement.--Upon notification that
a sponsored alien has received any means-tested
public benefit, the appropriate nongovernmental
entity which provided such benefit or the
appropriate entity of the Federal Government, a
State, or any political subdivision of a State
shall request reimbursement by the sponsor in
an amount which is equal to the unreimbursed
costs of such benefit.
``(B) Regulations.--The Attorney General,
in consultation with the heads of other
appropriate Federal agencies, shall prescribe
such regulations as may be necessary to carry
out subparagraph (A).
``(2) Actions to compel reimbursement.--
``(A) In case of nonresponse.--If within 45
days after a request for reimbursement under
paragraph (1)(A), the appropriate entity has
not received a response from the sponsor
indicating a willingness to commence payment an
action may be brought against the sponsor
pursuant to the affidavit of support.
``(B) In case of failure to pay.--If the
sponsor fails to abide by the repayment terms
established by the appropriate entity, the
entity may bring an action against the sponsor
pursuant to the affidavit of support.
``(C) Limitation on actions.--No cause of
action may be brought under this paragraph
later than 10 years after the date on which the
sponsored alien last received any means-tested
public benefit to which the affidavit of
support applies.
``(3) Use of collection agencies.--If the
appropriate entity under paragraph (1)(A) requests
reimbursement from the sponsor or brings an action
against the sponsor pursuant to the affidavit of
support, the appropriate entity may appoint or hire an
individual or other person to act on behalf of such
entity acting under the authority of law for purposes
of collecting any amounts owed.
``(c) Remedies.--Remedies available to enforce an affidavit
of support under this section include any or all of the
remedies described in section 3201, 3203, 3204, or 3205 of
title 28, United States Code, as well as an order for specific
performance and payment of legal fees and other costs of
collection, and include corresponding remedies available under
Statelaw. A Federal agency may seek to collect amounts owed
under this section in accordance with the provisions of subchapter II
of chapter 37 of title 31, United States Code.
``(d) Notification of Change of Address.--
``(1) General requirement.--The sponsor shall
notify the Attorney General and the State in which the
sponsored alien is currently a resident within 30 days
of any change of address of the sponsor during the
period in which an affidavit of support is enforceable.
``(2) Penalty.--Any person subject to the
requirement of paragraph (1) who fails to satisfy such
requirement shall, after notice and opportunity to be
heard, be subject to a civil penalty of--
``(A) not less than $250 or more than
$2,000, or
``(B) if such failure occurs with knowledge
that the sponsored alien has received any
means-tested public benefits (other than
benefits described in section 401(b),
403(c)(2), or 411(b) of the Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996) not less than
$2,000 or more than $5,000.
The Attorney General shall enforce this paragraph under
appropriate regulations.
``(e) Jurisdiction.--An action to enforce an affidavit of
support executed under subsection (a) may be brought against
the sponsor in any appropriate court--
``(1) by a sponsored alien, with respect to
financial support; or
``(2) by the appropriate entity of the Federal
Government, a State or any political subdivision of a
State, or by any other nongovernmental entity under
subsection (b)(2), with respect to reimbursement.
``(f) Sponsor Defined.--
``(1) In general.--For purposes of this section the
term `sponsor' in relation to a sponsored alien means
an individual who executes an affidavit of support with
respect to the sponsored alien and who--
``(A) is a citizen or national of the
United States or an alien who is lawfully
admitted to the United States for permanent
residence;
``(B) is at least 18 years of age;
``(C) is domiciled in any of the several
States of the United States, the District of
Columbia, or any territory or possession of the
United States;
``(D) is petitioning for the admission of
the alien under section 204; and
``(E) demonstrates (as provided in
paragraph (6)) the means to maintain an annual
income equal to at least 125 percent of the
Federal poverty line.
``(2) Income requirement case.--Such term also
includes an individual who does not meet the
requirement of paragraph (1)(E) but accepts joint and
several liability together with an individual under
paragraph (5).
``(3) Active duty armed services case.--Such term
also includes an individual who does not meet the
requirement of paragraph (1)(E) but is on active duty
(other than active duty for training) in the Armed
Forces of the United States, is petitioning for the
admission of the alien under section 204 as the spouse
or child of the individual, and demonstrates (as
provided in paragraph (6)) the means to maintain an
annual income equal to at least 100 percent of the
Federal poverty line.
``(4) Certain employment-based immigrants case.--
Such term also includes an individual--
``(A) who does not meet the requirement of
paragraph (1)(D), but is the relative of the
sponsored alien who filed a classification
petition for the sponsored alien as an
employment-based immigrant under section 203(b)
or who has a significant ownership interest in
the entity that filed such a petition; and
``(B)(i) who demonstrates (as provided
under paragraph (6)) the means to maintain an
annual income equal to at least 125 percent of
the Federal poverty line, or
``(ii) does not meet the requirement of
paragraph (1)(E) but accepts joint and several
liability together with an individual under
paragraph (5).
``(5) Non-petitioning case.--Such term also
includes an individual who does not meet the
requirement of paragraph (1)(D) but who accepts joint
and several liability with a petitioning sponsor under
paragraph (2) or relative of an employment-based
immigrant under paragraph (4) and who demonstrates (as
provided under paragraph (6)) the means to maintain an
annual income equal to at least 125 percent of the
Federal poverty line.
``(6) Demonstration of means to maintain income.--
``(A) In general.--
``(i) Method of demonstration.--For
purposes of this section, a
demonstration of the means to maintain
income shall include provision of a
certified copy of the individual's
Federal income tax return for the
individual's 3 most recent taxable
years and a written statement, executed
under oath or as permitted under
penalty of perjury under section 1746
of title 28, United States Code, that
the copies are certified copies of such
returns.
``(ii) Flexibility.--For purposes
of this section, aliens may demonstrate
the means to maintain income through
demonstration of significant assets of
the sponsored alien or of the sponsor,
if such assets are available for the
support of the sponsored alien.
``(iii) Percent of poverty.--For
purposes of this section, a reference
to an annual income equal to at least a
particular percentage of the Federal
poverty line means an annual income
equal to at least such percentage of
the Federal poverty line for a family
unit of a size equal to the number of
members of the sponsor's household
(including family and non-family
dependents) plus the total number of
other dependents and aliens sponsored
by that sponsor.
``(B) Limitation.--The Secretary of State,
or the Attorney General in the case of
adjustment of status, may provide that the
demonstration under subparagraph (A) applies
only to the most recent taxable year.
``(h) Federal Poverty Line Defined.--For purposes of this
section, the term `Federal poverty line' means the level of
income equal to the official poverty line (as defined by the
Director of the Office of Management and Budget, as revised
annually by the Secretary of Health and Human Services, in
accordance with section 673(2) of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 9902)) that is applicable
to a family of the size involved.
``(i) Sponsor's Social Security Account Number Required To
Be Provided.--(1) An affidavit of support shall include the
social security account number of each sponsor.
``(2) The Attorney General shall develop an automated
system to maintain the social security account number data
provided under paragraph (1).
``(3) The Attorney General shall submit an annual report to
the Committees on the Judiciary of the House of Representatives
and the Senate setting forth--
``(A) for the most recent fiscal year for which
data are available the number of sponsors under this
section and the number of sponsors in compliance with
the financial obligations of this section; and
``(B) a comparison of such numbers with the numbers
of such sponsors for the preceding fiscal year.''.
(b) Conforming Amendments.--
(1) Section 421(a)(1) and section 422(a)(1) of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1631(a)(1),
1632(a)(1)) are each amended by inserting ``and as
amended by section 551(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996'' after
``section 423''.
(2) Section 423 of such Act (8 U.S.C. 1138a note)
is amended by striking subsection (c).
(c) Effective Date; Promulgation of Form.--
(1) In general.--The amendments made by this
section shall apply to affidavits of support executed
on or after a date specified by the Attorney General,
which date shall be not earlier than 60 days (and not
later than 90 days) after the date the Attorney General
formulates the form for such affidavits under paragraph
(2).
(2) Promulgation of form.--Not later than 90 days
after the date of the enactment of this Act, the
Attorney General, in consultation with the heads of
other appropriate agencies, shall promulgate a standard
form for an affidavit of support consistent with the
provisions of section 213A of the Immigration and
Nationality Act, as amended by subsection (a).
SEC. 552. INDIGENCE AND BATTERED SPOUSE AND CHILD EXCEPTIONS TO FEDERAL
ATTRIBUTION OF INCOME RULE.
Section 421 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631) is
amended by adding at the end the following new subsection:
``(e) Indigence Exception.--
``(1) In general.--For an alien for whom an
affidavit of support under section 213A of the
Immigration and Nationality Act has been executed, if a
determination described in paragraph (2) is made, the
amount of income and resources of the sponsor or the
sponsor's spouse which shall be attributed to the
sponsored alien shall not exceed the amount actually
provided for a period beginning on the date of such
determination and ending 12 months after such date.
``(2) Determination described.--A determination
described in this paragraph is a determination by an
agency that a sponsored alien would, in the absence of
the assistance provided by the agency, be unable to
obtain food and shelter, taking into account the
alien's own income, plus any cash, food, housing, or
other assistance provided by other individuals,
including the sponsor. The agency shall notify the
Attorney General of each such determination, including
the names of the sponsor and the sponsored alien
involved.
``(f) Special Rule for Battered Spouse and Child.--
``(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of this section,
subsection (a) shall not apply to benefits--
``(A) during a 12 month period if the alien
demonstrates that (i) the alien has been
battered or subjected to extreme cruelty in the
United States by a spouse or a parent, or by a
member of the spouse or parent's family
residing in the same household as the alien and
the spouse or parent consented to or acquiesced
to such battery or cruelty, or (ii) the alien's
child has been battered or subjected to extreme
cruelty in the United States by the spouse or
parent of the alien (without the active
participation of the alien in the battery or
cruelty), or by a member of the spouse's or
parent's family residing in the same household
as the alien when the spouse or parent
consented or acquiesced to and the alien did
not actively participate in such battery or
cruelty, and the battery or cruelty described
in clause (i) or (ii) (in the opinion of the
agency providing such public benefits, which
opinion is not subject to review by any court)
has a substantial connection to the need for
the public benefits applied for; and
``(B) after a 12 month period (regarding
the batterer's income and resources only) if
the alien demonstrates that such battery or
cruelty under subparagraph (A) has been
recognized in an order of a judge or
administrative law judge or a prior
determination of the Immigration and
Naturalization Service, and that such battery
or cruelty (in the opinion of the agency
providing such public benefits, which opinion
is not subject to review by any court) has a
substantial connection to the need for the
benefits.
``(2) Limitation.--The exception under paragraph
(1) shall not apply to benefits for an alien during any
period in which the individual responsible for such
battery or cruelty resides in the same household or
family eligibility unit as the individual who was
subjected to such battery or cruelty.''.
SEC. 553. AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS OF STATES TO
LIMIT ASSISTANCE TO ALIENS AND TO DISTINGUISH AMONG
CLASSES OF ALIENS IN PROVIDING GENERAL CASH PUBLIC
ASSISTANCE.
(a) In General.--Subject to subsection (b) and
notwithstanding any other provision of law, a State or
political subdivision of a State is authorized to prohibit or
otherwise limit or restrict the eligibility of aliens or
classes of aliens for programs of general cash public
assistance furnished under the law of the State or a political
subdivision of a State.
(b) Limitation.--The authority provided for under
subsection (a) may be exercised only to the extent that any
prohibitions, limitations, or restrictions imposed by a State
or political subdivision of a State are not more restrictive
than the prohibitions, limitations, or restrictions imposed
under comparable Federal programs. For purposes of this
section, attribution to an alien of a sponsor's income and
resources (as described in section 421 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1631)) for purposes of determining eligibility for,
and the amount of, benefits shall be considered less
restrictive than a prohibition of eligibility for such
benefits.
Subtitle D--Miscellaneous Provisions
SEC. 561. INCREASED MAXIMUM CRIMINAL PENALTIES FOR FORGING OR
COUNTERFEITING SEAL OF A FEDERAL DEPARTMENT OR
AGENCY TO FACILITATE BENEFIT FRAUD BY AN UNLAWFUL
ALIEN.
Section 506 of title 18, United States Code, is amended to
read as follows:
``Sec. 506. Seals of departments or agencies
``(a) Whoever--
``(1) falsely makes, forges, counterfeits,
mutilates, or alters the seal of any department or
agency of the United States, or any facsimile thereof;
``(2) knowingly uses, affixes, or impresses any
such fraudulently made, forged, counterfeited,
mutilated, or altered seal or facsimile thereof to or
upon any certificate, instrument, commission, document,
or paper of any description; or
``(3) with fraudulent intent, possesses, sells,
offers for sale, furnishes, offers to furnish, gives
away, offers to give away, transports, offers to
transport, imports, or offers to import any such seal
or facsimile thereof, knowing the same to have been so
falsely made, forged, counterfeited, mutilated, or
altered,
shall be fined under this title, or imprisoned not more than 5
years, or both.
``(b) Notwithstanding subsection (a) or any other provision
of law, if a forged, counterfeited, mutilated, or altered seal
of a department or agency of the United States, or any
facsimile thereof, is--
``(1) so forged, counterfeited, mutilated, or
altered;
``(2) used, affixed, or impressed to or upon any
certificate, instrument, commission, document, or paper
of any description; or
``(3) with fraudulent intent, possessed, sold,
offered for sale, furnished, offered to furnish, given
away, offered to give away, transported, offered to
transport, imported, or offered to import,
with the intent or effect of facilitating an alien's
application for, or receipt of, a Federal benefit to which the
alien is not entitled, the penalties which may be imposed for
each offense under subsection (a) shall be two times the
maximum fine, and 3 times the maximum term of imprisonment, or
both, that would otherwise be imposed for an offense under
subsection (a).
``(c) For purposes of this section--
``(1) the term `Federal benefit' means--
``(A) the issuance of any grant, contract,
loan, professional license, or commercial
license provided by any agency of the United
States or by appropriated funds of the United
States; and
``(B) any retirement, welfare, Social
Security, health (including treatment of an
emergency medical condition in accordance with
section 1903(v) of the Social Security Act (19
U.S.C. 1396b(v))), disability, veterans, public
housing, education, food stamps, or
unemployment benefit, or any similar benefit
for which payments or assistance are provided
by an agency of the United States or by
appropriated funds of the United States; and
``(2) each instance of forgery, counterfeiting,
mutilation, or alteration shall constitute a separate
offense under this section.''.
SEC. 562. TREATMENT OF EXPENSES SUBJECT TO EMERGENCY MEDICAL SERVICES
EXCEPTION.
(a) In General.--Subject to such amounts as are provided in
advance in appropriation Acts, each State or political
subdivision of a State that provides medical assistance for
care and treatment of an emergency medical condition (as
defined in subsection (d)) through a public hospital or other
public facility (including a nonprofit hospital that is
eligible for an additional payment adjustment under section
1886 of the Social Security Act) or through contract with
another hospital or facility to an individual who is an alien
not lawfully present in the United States is eligible for
payment from the Federal Government of its costs of providing
such services, but only to the extent that such costs are not
otherwise reimbursed through any other Federal program and
cannot be recovered from the alien or another person.
(b) Confirmation of Immigration Status Required.--No
payment shall be made under this section with respect to
services furnished to an individual unless the immigration
status of the individual has been verified through appropriate
procedures established by the Secretary of Health and Human
Services and the Attorney General.
(c) Administration.--This section shall be administered by
the Attorney General, in consultation with the Secretary of
Health and Human Services.
(d) Emergency Medical Condition Defined.--For purposes of
this section, the term ``emergency medical condition'' means a
medical condition (including emergency labor and delivery)
manifesting itself by acute symptoms of sufficient severity
(including severe pain) such that the absence of immediate
medical attention could reasonably be expected to result in--
(1) placing the patient's health in serious
jeopardy,
(2) serious impairment to bodily functions, or
(3) serious dysfunction of any bodily organ or
part.
(e) Effective Date.--Subsection (a) shall apply to medical
assistance for care and treatment of an emergency medical
condition furnished on or after January 1, 1997.
SEC. 563. REIMBURSEMENT OF STATES AND LOCALITIES FOR EMERGENCY
AMBULANCE SERVICES.
Subject to the availability of appropriations, the Attorney
General shall fully reimburse States and political subdivisions
of States for costs incurred by such a State or subdivision for
emergency ambulance services provided to any alien who--
(1) is injured while crossing a land or sea border
of the United States without inspection or at any time
or place other than as designated by the Attorney
General; and
(2) is under the custody of the State or
subdivision pursuant to a transfer, request, or other
action by a Federal authority.
SEC. 564. PILOT PROGRAMS TO REQUIRE BONDING.
(a) In General.--
(1) The Attorney General of the United States shall
establish a pilot program in 5 district offices of the
Immigration and Naturalization Service to require
aliens to post a bond in addition to the affidavit
requirements under section 213A of the Immigration and
Nationality Act and the deeming requirements under
section 421 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631).
Any pilot program established pursuant to this
subsection shall require an alien to post a bond in an
amount sufficient to cover the cost of benefits
described in section 213A(d)(2)(B) of the Immigration
and Nationality Act (as amended by section 551(a) of
this division) for the alien and the alien's dependents
and shall remain in effect until the departure,
naturalization, or death of the alien.
(2) Suit on any such bonds may be brought under the
terms and conditions set forth in section 213A of the
Immigration and Nationality Act.
(b) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Attorney General shall issue
regulations for establishing the pilot programs, including--
(1) criteria and procedures for--
(A) certifying bonding companies for
participation in the program, and
(B) debarment of any such company that
fails to pay a bond, and
(2) criteria for setting the amount of the bond to
assure that the bond is in an amount that is not less
than the cost of providing benefits under the programs
described in subsection (a)(1) for the alien and the
alien's dependents for 6 months.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
(d) Annual Reporting Requirement.--Beginning 9 months after
the date of implementation of the pilot program, the Attorney
General shall submit annually to the Committees on the
Judiciary of the House of Representatives and the Senate a
report on the effectiveness of the program. The Attorney
General shall submit a final evaluation of the program not
later than 1 year after termination.
(e) Sunset.--The pilot program under this section shall
terminate after 3 years of operation.
(f) Bonds in Addition to Sponsorship and Deeming
Requirements.--Section 213 (8 U.S.C. 1183) is amended by
inserting ``(subject to the affidavit of support requirement
and attribution of sponsor's income and resources under section
213A)'' after ``in the discretion of the Attorney General''.
SEC. 565. REPORTS.
Not later than 180 days after the end of each fiscal year,
the Attorney General shall submit a report to the Inspector
General of the Department of Justice and the Committees on the
Judiciary of the House of Representatives and of the Senate
describing the following:
(1) Public charge deportations.--The number of
aliens deported on public charge grounds under section
241(a)(5) of the Immigration and Nationality Act during
the previous fiscal year.
(2) Indigent sponsors.--The number of
determinations made under section 421(e) of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (as added by section 552 of
this division) during the previous fiscal year.
(3) Reimbursement actions.--The number of actions
brought, and the amount of each action, for
reimbursement under section 213A of the Immigration and
Nationality Act (including private collections) for the
costs of providing public benefits.
Subtitle E--Housing Assistance
SEC. 571. SHORT TITLE.
This subtitle may be cited as the ``Use of Assisted Housing
by Aliens Act of 1996''.
SEC. 572. PRORATING OF FINANCIAL ASSISTANCE.
Section 214(b) of the Housing and Community Development Act
of 1980 (42 U.S.C. 1436a(b)) is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new
paragraph:
``(2) If the eligibility for financial assistance of at
least one member of a family has been affirmatively established
under the program of financial assistance and under this
section, and the ineligibility of one or more family members
has not been affirmatively established under this section, any
financial assistance made available to that family by the
Secretary of Housing and Urban Development shall be prorated,
based on the number of individuals in the family for whom
eligibility has been affirmatively established under the
program of financial assistance and under this section, as
compared with the total number of individuals who are members
of the family.''.
SEC. 573. ACTIONS IN CASES OF TERMINATION OF FINANCIAL ASSISTANCE.
Section 214(c)(1) of the Housing and Community Development
Act of 1980 (42 U.S.C. 1436a(c)(1)) is amended--
(1) in the matter preceding subparagraph (A), by
striking ``may, in its discretion,'' and inserting
``shall'';
(2) in subparagraph (A), by adding at the end the
following: ``Financial assistance continued under this
subparagraph for a family may be provided only on a
prorated basis, under which the amount of financial
assistance is based on the percentage of the total
number of members of the family that are eligible for
that assistance under the program of financial
assistance and under this section.''; and
(3) in subparagraph (B)--
(A) by striking ``3 years'' and inserting
``18-months'';
(B) by inserting ``(i)'' after ``(B)'';
(C) by striking ``Any deferral'' and
inserting the following:
``(ii) Except as provided in clause (iii),
any deferral''; and
(D) by adding at the end the following new
clauses:
``(iii) The time period described in clause
(ii) shall not apply in the case of a refugee
under section 207 of the Immigration and
Nationality Act or an individual seeking asylum
under section 208 of that Act.''.
SEC. 574. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY FOR
FINANCIAL ASSISTANCE.
Section 214(d) of the Housing and Community Development Act
of 1980 (42 U.S.C. 1436a(d)) is amended--
(1) in the matter preceding paragraph (1), by
inserting ``or to be'' after ``being'';
(2) in paragraph (1)(A), by adding at the end the
following: ``If the declaration states that the
individual is not a citizen or national of the United
States and that the individual is younger than 62 years
of age, the declaration shall be verified by the
Immigration and Naturalization Service. If the
declaration states that the individual is a citizen or
national of the United States, the Secretary of Housing
and Urban Development, or the agency administering
assistance covered by this section, may request
verification of the declaration by requiring
presentation of documentation that the Secretary
considers appropriate, including a United States
passport, resident alien card, alien registration card,
social security card, or other documentation.'';
(3) in paragraph (2)--
(A) in the matter preceding subparagraph
(A), by striking ``on the date of the enactment
of the Housing and Community Development Act of
1987'' and inserting ``on the date of enactment
of the Use of Assisted Housing by Aliens Act of
1996 or applying for financial assistance on or
after that date''; and
(B) by adding at the end the following:
``In the case of an individual applying for financial
assistance on or after the date of enactment of the Use of
Assisted Housing by Aliens Act of 1996, the Secretary may not
provide any such assistance for the benefit of that individual
before documentation is presented and verified under paragraph
(3) or (4).'';
(4) in paragraph (4)--
(A) in the matter preceding subparagraph
(A), by striking ``on the date of the enactment
of the Housing and Community Development Act of
1987'' and inserting ``on the date of enactment
of the Use of Assisted Housing by Aliens Act of
1996 or applying for financial assistance on or
after that date'';
(B) in subparagraph (A)--
(i) in clause (i)--
(I) by inserting ``, not to
exceed 30 days,'' after
``reasonable opportunity''; and
(II) by striking ``and'' at
the end; and
(ii) by striking clause (ii) and
inserting the following:
``(ii) in the case of any
individual receiving assistance on the
date of enactment of the Use of
Assisted Housing by Aliens Act of 1996,
may not delay, deny, reduce, or
terminate the eligibility of that
individual for financial assistance on
the basisof the immigration status of
that individual until the expiration of that 30-day period; and
``(iii) in the case of any
individual applying for financial
assistance on or after the date of
enactment of the Use of Assisted
Housing by Aliens Act of 1996, may not
deny the application for such
assistance on the basis of the
immigration status of that individual
until the expiration of that 30-day
period; and''; and
(C) in subparagraph (B), by striking clause
(ii) and inserting the following:
``(ii) pending such verification or
appeal, the Secretary may not--
``(I) in the case of any
individual receiving assistance
on the date of enactment of the
Use of Assisted Housing by
Aliens Act of 1996, delay,
deny, reduce, or terminate the
eligibility of that individual
for financial assistance on the
basis of the immigration status
of that individual; and
``(II) in the case of any
individual applying for
financial assistance on or
after the date of enactment of
the Use of Assisted Housing by
Aliens Act of 1996, deny the
application for such assistance
on the basis of the immigration
status of that individual;
and'';
(5) in paragraph (5), by striking ``status--'' and
all that follows through the end of the paragraph and
inserting the following: ``status, the Secretary
shall--
``(A) deny the application of that
individual for financial assistance or
terminate the eligibility of that individual
for financial assistance, as applicable;
``(B) provide that the individual may
request a fair hearing during the 30-day period
beginning upon receipt of the notice under
subparagraph (C); and
``(C) provide to the individual written
notice of the determination under this
paragraph, the right to a fair hearing process,
and the time limitation for requesting a
hearing under subparagraph (C).''; and
(6) by striking paragraph (6) and inserting the
following:
``(6) The Secretary shall terminate the eligibility
for financial assistance of an individual and the
members of the household of the individual, for a
period of not less than 24 months, upon determining
that such individual has knowingly permitted another
individual who is not eligible for such assistance to
reside in the public or assisted housing unit of the
individual. This provision shall not apply to a family
if the ineligibility of the ineligible individual at
issue was considered in calculating any proration of
assistance provided for the family.''.
SEC. 575. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING FINANCIAL
ASSISTANCE ELIGIBILITY DETERMINATIONS.
Section 214(e) of the Housing and Community Development Act
of 1980 (42 U.S.C. 1436a(e)) is amended--
(1) in paragraph (2), by adding ``or'' at the end;
(2) in paragraph (3), by adding at the end the
following: ``the response from the Immigration and
Naturalization Service to the appeal of that
individual.''; and
(3) by striking paragraph (4).
SEC. 576. ELIGIBILITY FOR PUBLIC AND ASSISTED HOUSING.
Section 214 of the Housing and Community Development Act of
1980 (42 U.S.C. 1436a) is amended by adding at the end the
following new subsection:
``(h) Verification of Eligibility.--
``(1) In general.--Except in the case of an
election under paragraph (2)(A), no individual or
family applying for financial assistance may receive
such financial assistance prior to the affirmative
establishment and verification of eligibility of at
least the individual or one family member under this
section by the Secretary or other appropriate entity.
``(2) Rules applicable to public housing
agencies.--A public housing agency (as that term is
defined in section 3 of the United States Housing Act
of 1937)--
``(A) may elect not to comply with this
section; and
``(B) in complying with this section--
``(i) may initiate procedures to
affirmatively establish or verify the
eligibility of an individual or family
under this section at any time at which
the public housing agency determines
that such eligibility is in question,
regardless of whether or not that
individual or family is at or near the
top of the waiting list of the public
housing agency;
``(ii) may affirmatively establish
or verify the eligibility of an
individual or family under this section
in accordance with the procedures set
forth in section 274A(b)(1) of the
Immigration and Nationality Act; and
``(iii) shall have access to any
relevant information contained in the
SAVE system (or any successor thereto)
that relates to any individual or
family applying for financial
assistance.
``(3) Eligibility of families.--For purposes of
this subsection, with respect to a family, the term
`eligibility' means the eligibility of each family
member.''.
SEC. 577. REGULATIONS.
(a) Issuance.--Not later than the 60 days after the date of
enactment of this Act, the Secretary of Housing and Urban
Development shall issue any regulations necessary to implement
the amendments made by this part. Such regulations shall be
issued in the form of an interim final rule, which shall take
effect upon issuance and shall not be subject to the provisions
of section 533 of title 5, United States Code, regarding notice
or opportunity for comment.
(b) Failure To Issue.--If the Secretary fails to issue the
regulations required under subsection (a) before the date
specified in that subsection, the regulations relating to
restrictions on assistance to noncitizens, contained in the
final rule issued by the Secretary of Housing and Urban
Development in RIN-2501-AA63 (Docket No. R-95-1409; FR-2383-F-
050), published in the Federal Register on March 20, 1995 (Vol.
60, No. 53; pp. 14824-14861), shall not apply after that date.
Subtitle F--General Provisions
SEC. 591. EFFECTIVE DATES.
Except as provided in this title, this title and the
amendments made by this title shall take effect on the date of
the enactment of this Act.
SEC. 592. NOT APPLICABLE TO FOREIGN ASSISTANCE.
This title does not apply to any Federal, State, or local
governmental program, assistance, or benefits provided to an
alien under any program of foreign assistance as determined by
the Secretary of State in consultation with the Attorney
General.
SEC. 593. NOTIFICATION.
(a) In General.--Each agency of the Federal Government or a
State or political subdivision that administers a program
affected by the provisions of this title, shall, directly or
through the States, provide general notification to the public
and to program recipients of the changes regarding eligibility
for any such program pursuant to this title.
(b) Failure To Give Notice.--Nothing in this section shall
be construed to require or authorize continuation of
eligibility if the notice under this section is not provided.
SEC. 594. DEFINITIONS.
Except as otherwise provided in this title, for purposes of
this title--
(1) the terms ``alien'', ``Attorney General'',
``national'', ``naturalization'', ``State'', and
``United States'' shall have the meaning given such
terms in section 101(a) of the Immigration and
Nationality Act; and
(2) the term ``child'' shall have the meaning given
such term in section 101(c) of the Immigration and
Nationality Act.
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Refugees, Parole, and Asylum
SEC. 601. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL
METHODS.
(a) Definition of Refugee.--
(1) Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is
amended by adding at the end the following: ``For
purposes of determinations under this Act, a person who
has been forced to abort a pregnancy or to undergo
involuntary sterilization, or who has been persecuted
for failure or refusal to undergo such a procedure or
for other resistance to a coercive population control
program, shall be deemed to have been persecuted on
account of political opinion, and a person who has a
well founded fear that he or she will be forced to
undergo such a procedure or subject to persecution for
such failure, refusal, or resistance shall be deemed to
have a well founded fear of persecution on account of
political opinion.''.
(2) Not later than 90 days after the end of each
fiscal year, the Attorney General shall submit a report
to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of
the Senate describing the number and countries of
origin of aliens granted refugee status or asylum under
determinations pursuant to the amendment made by
paragraph (1). Each such report shall also contain
projections regarding the number and countries of
origin of aliens that are likely to be granted refugee
status or asylum for the subsequent 2 fiscal years.
(b) Numerical Limitation.--Section 207(a) (8 U.S.C.
1157(a)) is amended by adding at the end the following new
paragraph:
``(5) For any fiscal year, not more than a total of 1,000
refugees may be admitted under this subsection or granted
asylum under section 208 pursuant to a determination under the
third sentence of section 101(a)(42) (relating to persecution
for resistance to coercive population control methods).''.
SEC. 602. LIMITATION ON USE OF PAROLE.
(a) Parole Authority.--Section 212(d)(5)(A) (8 U.S.C.
1182(d)(5)) is amended by striking ``for emergent reasons or
for reasons deemed strictly in the public interest'' and
inserting ``only on a case-by-case basis for urgent
humanitarian reasons or significant public benefit''.
(b) Report to Congress.--Not later than 90 days after the
end of each fiscal year, the Attorney General shall submit a
report to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate describing the number and categories of aliens paroled
into the United States under section 212(d)(5) of the
Immigration and Nationality Act. Each such report shall provide
the total number of aliens paroled into and residing in the
United States and shall contain information and data for each
country of origin concerning the number and categories of
aliens paroled, the duration of parole, the current status of
aliens paroled, and the number and categories of aliens
returned to the custody from which they were paroled during the
preceding fiscal year.
SEC. 603. TREATMENT OF LONG-TERM PAROLEES IN APPLYING WORLDWIDE
NUMERICAL LIMITATIONS.
Section 201(c) (8 U.S.C. 1151(c)) is amended--
(1) by amending paragraph (1)(A)(ii) to read as
follows:
``(ii) the sum of the number computed under
paragraph (2) and the number computed under paragraph
(4), plus''; and
(2) by adding at the end the following new
paragraphs:
``(4) The number computed under this paragraph for a fiscal
year (beginning with fiscal year 1999) is the number of aliens
who were paroled into the United States under section 212(d)(5)
in the second preceding fiscal year--
``(A) who did not depart from the United States
(without advance parole) within 365 days; and
``(B) who (i) did not acquire the status of aliens
lawfully admitted to the United States for permanent
residence in the two preceding fiscal years, or (ii)
acquired such status in such years under a provision of
law (other than section 201(b)) which exempts such
adjustment from the numerical limitation on the
worldwide level of immigration under this section.
``(5) If any alien described in paragraph (4) (other than
an alien described in paragraph (4)(B)(ii)) is subsequently
admitted as an alien lawfully admitted for permanent residence,
such alien shall not again be considered for purposes of
paragraph (1).''.
SEC. 604. ASYLUM REFORM.
(a) Asylum Reform.--Section 208 (8 U.S.C. 1158) is amended
to read as follows:
``asylum
``Sec. 208. (a) Authority To Apply for Asylum.--
``(1) In general.--Any alien who is physically
present in the United States or who arrives in the
United States (whether or not at a designated port of
arrival and including an alien who is brought to the
United States after having been interdicted in
international or United States waters), irrespective of
such alien's status, may apply for asylum in accordance
with this section or, where applicable, section 235(b).
``(2) Exceptions.--
``(A) Safe third country.--Paragraph (1)
shall not apply to an alien if the Attorney
General determines that the alien may be
removed, pursuant to a bilateral or
multilateral agreement, to a country (other
than the country of the alien's nationality or,
in the case of an alien having no nationality,
the country of the alien's last habitual
residence) in which the alien's life or freedom
would not be threatened on account of race,
religion, nationality, membership in a
particular social group, or political opinion,
and where the alien would have access to a full
and fair procedure for determining a claim to
asylum or equivalent temporary protection,
unless the Attorney General finds that it is in
the public interest for the alien to receive
asylum in the United States.
``(B) Time limit.--Subject to subparagraph
(D), paragraph (1) shall not apply to an alien
unless the alien demonstrates by clear and
convincing evidence that the application has
been filed within 1 year after the date of the
alien's arrival in the United States.
``(C) Previous asylum applications.--
Subject to subparagraph (D), paragraph (1)
shall not apply to an alien if the alien has
previously applied for asylum and had such
application denied.
``(D) Changed circumstances.--An
application for asylum of an alien may be
considered, notwithstanding subparagraphs (B)
and (C), if the alien demonstrates to the
satisfaction of the Attorney General either the
existence of changed circumstances which
materially affect the applicant's eligibility
for asylum or extraordinary circumstances
relating to the delay in filing an application
within the period specified in subparagraph
(B).
``(3) Limitation on judicial review.--No court
shall have jurisdiction to review any determination of
the Attorney General under paragraph (2).
``(b) Conditions for Granting Asylum.--
``(1) In general.--The Attorney General may grant
asylum to an alien who has applied for asylum in
accordance with the requirements and procedures
established by the Attorney General under this section
if the Attorney General determines that such alien is a
refugee within the meaning of section 101(a)(42)(A).
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not
apply to an alien if the Attorney General
determines that--
``(i) the alien ordered, incited,
assisted, or otherwise participated in
the persecution of any person on
account of race, religion, nationality,
membership in a particular social
group, or political opinion;
``(ii) the alien, having been
convicted by a final judgment of a
particularly serious crime, constitutes
a danger to the community of the United
States;
``(iii) there are serious reasons
for believing that the alien has
committed a serious nonpolitical crime
outside the United States prior to the
arrival of the alien in the United
States;
``(iv) there are reasonable grounds
for regarding the alien as a danger to
the security of the United States;
``(v) the alien is inadmissible
under subclause (I), (II), (III), or
(IV) of section 212(a)(3)(B)(i) or
removable under section 237(a)(4)(B)
(relating to terrorist activity),
unless, in the case only of an alien
inadmissible under subclause (IV) of
section 212(a)(3)(B)(i), the Attorney
General determines, in the Attorney
General's discretion, that there are
not reasonable grounds for regarding
the alien as a danger to the security
of the United States; or
``(vi) the alien was firmly
resettled in another country prior to
arriving in the United States.
``(B) Special rules.--
``(i) Conviction of aggravated
felony.--For purposes of clause (ii) of
subparagraph (A), an alien who has been
convicted of an aggravated felony shall
be considered to have been convicted of
a particularly serious crime.
``(ii) Offenses.--The Attorney
General may designate by regulation
offenses that will be considered to be
a crime described in clause (ii) or
(iii) of subparagraph (A).
``(C) Additional limitations.--The Attorney
General may by regulation establish additional
limitations and conditions, consistent with
this section, under which an alien shall be
ineligible for asylum under paragraph (1).
``(D) No judicial review.--There shall be
no judicial review of a determination of the
Attorney General under subparagraph (A)(v).
``(3) Treatment of spouse and children.--A spouse
or child (as defined in section 101(b)(1)(A), (B), (C),
(D), or (E)) of an alien who is granted asylum under
this subsection may, if not otherwise eligible for
asylum under this section, be granted the same status
as the alien if accompanying, or following to join,
such alien.
``(c) Asylum Status.--
``(1) In general.--In the case of an alien granted
asylum under subsection (b), the Attorney General--
``(A) shall not remove or return the alien
to the alien's country of nationality or, in
the case of a person having no nationality, the
country of the alien's last habitual residence;
``(B) shall authorize the alien to engage
in employment in the United States and provide
the alien with appropriate endorsement of that
authorization; and
``(C) may allow the alien to travel abroad
with the prior consent of the Attorney General.
``(2) Termination of asylum.--Asylum granted under
subsection (b) does not convey a right to remain
permanently in the United States, and may be terminated
if the Attorney General determines that--
``(A) the alien no longer meets the
conditions described in subsection (b)(1) owing
to a fundamental change in circumstances;
``(B) the alien meets a condition described
in subsection (b)(2);
``(C) the alien may be removed, pursuant to a
bilateral or multilateral agreement, to a
country (other than the country of the alien's
nationality or, in the case of an alien having
no nationality, the country of the alien's last
habitual residence) in which the alien's life
or freedom would not be threatened on account
of race, religion, nationality, membership in a
particular social group, or political opinion,
and where the alien is eligible to receive
asylum or equivalent temporary protection;
``(D) the alien has voluntarily availed
himself or herself of the protection of the
alien's country of nationality or, in the case
of an alien having no nationality, the alien's
country of last habitual residence, by
returning to such country with permanent
resident status or the reasonable possibility
of obtaining such status with the same rights
and obligations pertaining to other permanent
residents of that country; or
``(E) the alien has acquired a new
nationality and enjoys the protection of the
country of his or her new nationality.
``(3) Removal when asylum is terminated.--An alien
described in paragraph (2) is subject to any applicable
grounds of inadmissibility or deportability under
section 212(a) and 237(a), and the alien's removal or
return shall be directed by the Attorney General in
accordance with sections 240 and 241.
``(d) Asylum Procedure.--
``(1) Applications.--The Attorney General shall
establish a procedure for the consideration of asylum
applications filed under subsection (a). The Attorney
General may require applicants to submit fingerprints
and a photograph at such time and in such manner to be
determined by regulation by the Attorney General.
``(2) Employment.--An applicant for asylum is not
entitled to employment authorization, but such
authorization may be provided under regulation by the
Attorney General. An applicant who is not otherwise
eligible for employment authorization shall not be
granted such authorization prior to 180 days after the
date of filing of the application for asylum.
``(3) Fees.--The Attorney General may impose fees for
the consideration of an application for asylum, for
employment authorization under this section, and for
adjustment of status under section 209(b). Such fees
shall not exceed the Attorney General's costs in
adjudicating the applications. The Attorney General may
provide for the assessment and payment of such fees
over a period of time or by installments. Nothing in
this paragraph shall be construed to require the
Attorney General to charge fees for adjudication
services provided to asylum applicants, or to limit the
authority of the Attorney General to set adjudication
and naturalization fees in accordance with section
286(m).
``(4) Notice of privilege of counsel and consequences
of frivolous application.--At the time of filing an
application for asylum, the Attorney General shall--
``(A) advise the alien of the privilege of
being represented by counsel and of the
consequences, under paragraph (6), of knowingly
filing a frivolous application for asylum; and
``(B) provide the alien a list of persons
(updated not less often than quarterly) who
have indicated their availability to represent
aliens in asylum proceedings on a pro bono
basis.
``(5) Consideration of asylum applications.--
``(A) Procedures.--The procedure established
under paragraph (1) shall provide that--
``(i) asylum cannot be granted
until the identity of the applicant has
been checked against all appropriate
records or databases maintained by the
Attorney General and by the Secretary
of State, including the Automated Visa
Lookout System, to determine any
grounds on which the alien may be
inadmissible to or deportable from the
United States, or ineligible to apply
for or be granted asylum;
``(ii) in the absence of exceptional
circumstances, the initial interview or
hearing on the asylum application shall
commence not later than 45 days after
the date an application is filed;
``(iii) in the absence of exceptional
circumstances, final administrative
adjudication of the asylum application,
not including administrative appeal,
shall be completed within 180 days
after the date an application is filed;
``(iv) any administrative appeal
shall be filed within 30 days of a
decision granting or denying asylum, or
within 30 days of the completion of
removal proceedings before an
immigration judge under section 240,
whichever is later; and
``(v) in the case of an applicant for
asylum who fails without prior
authorization or in the absence of
exceptional circumstances to appear for
an interview or hearing, including a
hearing under section 240, the
application may be dismissed or the
applicant may be otherwise sanctioned
for such failure.
``(B) Additional regulatory conditions.--The
Attorney General may provide by regulation for
any other conditions or limitations on the
consideration of an application for asylum not
inconsistent with this Act.
``(6) Frivolous applications.--If the Attorney
General determines that an alien has knowingly made a
frivolous application for asylum and the alien has
received the notice under paragraph (4)(A), the alien
shall be permanently ineligible for any benefits under
this Act, effective as of the date of a final
determination on such application.
``(7) No private right of action.--Nothing in this
subsection shall be construed to create any substantive
or procedural right or benefit that is legally
enforceable by any party against the United States or
its agencies or officers or any other person.''.
(b) Conforming and Clerical Amendments.--
(1) The item in the table of contents relating to
section 208 is amended to read as follows:
``Sec. 208. Asylum.''.
(2) Section 104(d)(1)(A) of the Immigration Act of
1990 (Public Law 101-649) is amended by striking
``208(b)'' and inserting ``208''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to applications for asylum filed on or after the
first day of the first month beginning more than 180 days after
the date of the enactment of this Act.
SEC. 605. INCREASE IN ASYLUM OFFICERS.
Subject to the availability of appropriations, the
Attorney General shall provide for an increase in the number of
asylum officers to at least 600 asylum officers by fiscal year
1997.
SEC. 606. CONDITIONAL REPEAL OF CUBAN ADJUSTMENT ACT.
(a) In General.--Public Law 89-732 is repealed effective
only upon a determination by the President under section
203(c)(3) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (Public Law 104-114) that a
democratically elected government in Cuba is in power.
(b) Limitation.--Subsection (a) shall not apply to aliens
for whom an application for adjustment of status is pending on
such effective date.
Subtitle B--Miscellaneous Amendments to the Immigration and Nationality
Act
SEC. 621. ALIEN WITNESS COOPERATION.
Section 214(j)(1) (8 U.S.C. 1184(j)(1)) (as added by
section 130003(b)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 2025))
(relating to numerical limitations on the number of aliens who
may be provided a visa as nonimmigrants under section
101(a)(15)(S) of the Immigration and Nationality Act) is
amended--
(1) by striking ``100.'' and inserting ``200.''; and
(2) by striking ``25.'' and inserting ``50.''.
SEC. 622. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT
TO INTERNATIONAL MEDICAL GRADUATES.
(a) Extension of Waiver Program.--Section 220(c) of the
Immigration and Nationality Technical Corrections Act of 1994
(8 U.S.C. 1182 note) is amended by striking ``1996.'' and
inserting ``2002.''.
(b) Conditions on Federally Requested Waivers.--Section
212(e) (8 U.S.C. 1182(e)) is amended by inserting after
``except that in the case of a waiver requested by a State
Department of Public Health, or its equivalent'' the following:
``, or in the case of a waiver requested by an interested
United States Government agency on behalf of an alien described
in clause (iii),''.
(c) Restrictions on Federally Requested Waivers.--Section
214(k) (8 U.S.C. 1184(k)) (as added by section 220(b) of the
Immigration and Nationality Technical Corrections Act of 1994
(Public Law 103-416; 108 Stat. 4319)) is amended to read as
follows:
``(k)(1) In the case of a request by an interested State
agency, or by an interested Federal agency, for a waiver of the
2-year foreign residence requirement under section 212(e) on
behalf of an alien described in clause (iii) of such section,
the Attorney General shall not grant such waiver unless--
``(A) in the case of an alien who is otherwise
contractually obligated to return to a foreign country,
the government of such country furnishes the Director
of the United States Information Agency with a
statement in writing that it has no objection to such
waiver;
``(B) in the case of a request by an interested State
agency, the grant of such waiver would not cause the
number of waivers allotted for that State for that
fiscal year to exceed 20;
``(C) in the case of a request by an interested
Federal agency or by an interested State agency--
``(i) the alien demonstrates a bona fide
offer of full-time employment at a health
facility or health care organization, which
employment has been determined by the Attorney
General to be in the public interest; and
``(ii) the alien agrees to begin employment
with the health facility or health care
organization within 90 days of receiving such
waiver, and agrees to continue to work for a
total of not less than 3 years (unless the
Attorney General determines that extenuating
circumstances exist, such as closure of the
facility or hardship to the alien, which would
justify a lesser period of employment at such
health facility or health care organization, in
which case the alien must demonstrate another
bona fide offer of employment at a health
facility or health care organization for the
remainder of such 3-year period); and
``(D) in the case of a request by an interested
Federal agency (other than a request by an interested
Federal agency to employ the alien full-time in medical
research or training) or by an interested State agency,
the alien agrees to practice medicine in accordance
with paragraph (2) for a total of not less than 3 years
only in the geographic area or areas which are
designated by the Secretary of Health and Human
Services as having a shortage of health care
professionals.
``(2)(A) Notwithstanding section 248(2), the Attorney
General may change the status of an alien who qualifies
under this subsection and section 212(e) to that of an
alien described in section 101(a)(15)(H)(i)(b).
``(B) No person who has obtained a change of status
under subparagraph (A) and who has failed to fulfill
the terms of the contract with the health facility or
health care organization named in the waiver
application shall be eligible to apply for an immigrant
visa, for permanent residence, or for any other change
of nonimmigrant status, until it is established that
such person has resided and been physically present in
the country of his nationality or his last residence
for an aggregate of at least 2 years following
departure from the United States.
``(3) Notwithstanding any other provision of this
subsection, the 2-year foreign residence requirement
under section 212(e) shall apply with respect to an
alien described in clause (iii) of such section, who
has not otherwise been accorded status under section
101(a)(27)(H), if--
``(A) at any time the alien ceases to
comply with any agreement entered into under
subparagraph (C) or (D) of paragraph (1); or
``(B) the alien's employment ceases to
benefit the public interest at any time during
the 3-year period described in paragraph
(1)(C).''.
SEC. 623. USE OF LEGALIZATION AND SPECIAL AGRICULTURAL WORKER
INFORMATION.
(a) Confidentiality of Information.--Section 245A(c)(5) (8
U.S.C. 1255a(c)(5)) is amended to read as follows:
``(5) Confidentiality of information.--
``(A) In general.--Except as provided in
this paragraph, neither the Attorney General,
nor any other official or employee of the
Department of Justice, or bureau or agency
thereof, may--
``(i) use the information furnished
by the applicant pursuant to an
application filed under this section
for any purpose other than to make a
determination on the application, for
enforcement of paragraph (6), or for
the preparation of reports to Congress
under section 404 of the Immigration
Reform and Control Act of 1986;
``(ii) make any publication whereby
the information furnished by any
particular applicant can be identified;
or
``(iii) permit anyone other than
the sworn officers and employees of the
Department or bureau or agency or, with
respect to applications filed with a
designated entity, that designated
entity, to examine individual
applications.
``(B) Required disclosures.--The Attorney
General shall provide the information furnished
under this section, and any other information
derived from such furnished information, to a
duly recognized law enforcement entity in
connection with a criminal investigation or
prosecution, when such information is requested
in writing by such entity, or to an official
coroner for purposes of affirmatively
identifying a deceased individual (whether or
not such individual is deceased as a result of
a crime).
``(C) Authorized disclosures.--The Attorney
General may provide, in the Attorney General's
discretion, for the furnishing of information
furnished under this section in the same manner
and circumstances as census information may be
disclosed by the Secretary of Commerce under
section 8 of title 13, United States Code.
``(D) Construction.--
``(i) In general.--Nothing in this
paragraph shall be construed to limit
the use, or release, for immigration
enforcement purposes or law enforcement
purposes of information contained in
files or records of the Service
pertaining to an application filed
under this section, other than
information furnished by an applicant
pursuant to the application, or any
other information derived from the
application, that is not available from
any other source.
``(ii) Criminal convictions.--
Information concerning whether the
applicant has at any time been
convicted of a crime may be used or
released for immigration enforcement or
law enforcement purposes.
``(E) Crime.--Whoever knowingly uses,
publishes, or permits information to be
examined in violation of this paragraph shall
be fined not more than $10,000.''.
(b) Special Agricultural Workers.--Section 210(b)(6) (8
U.S.C. 1160(b)(6)) is amended to read as follows:
``(6) Confidentiality of information.--
``(A) In general.--Except as provided in
this paragraph, neither the Attorney General,
nor any otherofficial or employee of the
Department of Justice, or bureau or agency thereof, may--
``(i) use the information furnished
by the applicant pursuant to an
application filed under this section
for any purpose other than to make a
determination on the application,
including a determination under
subsection (a)(3)(B), or for
enforcement of paragraph (7);
``(ii) make any publication whereby
the information furnished by any
particular individual can be
identified; or
``(iii) permit anyone other than
the sworn officers and employees of the
Department or bureau or agency or, with
respect to applications filed with a
designated entity, that designated
entity, to examine individual
applications.
``(B) Required disclosures.--The Attorney
General shall provide information furnished
under this section, and any other information
derived from such furnished information, to a
duly recognized law enforcement entity in
connection with a criminal investigation or
prosecution, when such information is requested
in writing by such entity, or to an official
coroner for purposes of affirmatively
identifying a deceased individual (whether or
not such individual is deceased as a result of
a crime).
``(C) Construction.--
``(i) In general.--Nothing in this
paragraph shall be construed to limit
the use, or release, for immigration
enforcement purposes or law enforcement
purposes of information contained in
files or records of the Service
pertaining to an application filed
under this section, other than
information furnished by an applicant
pursuant to the application, or any
other information derived from the
application, that is not available from
any other source.
``(ii) Criminal convictions.--
Information concerning whether the
applicant has at any time been
convicted of a crime may be used or
released for immigration enforcement or
law enforcement purposes.
``(D) Crime.--Whoever knowingly uses,
publishes, or permits information to be
examined in violation of this paragraph shall
be fined not more than $10,000.''.
SEC. 624. CONTINUED VALIDITY OF LABOR CERTIFICATIONS AND CLASSIFICATION
PETITIONS FOR PROFESSIONAL ATHLETES.
(a) Labor Certification.--Section 212(a)(5)(A) (8 U.S.C.
1182(a)(5)(A)) is amended by adding at the end the following:
``(iii) Professional athletes.--
``(I) In general.--A
certification made under clause
(i) with respect to a
professional athlete shall
remain valid with respect to
the athlete after the athlete
changes employer, if the new
employer is a team in the same
sport as the team which
employed the athlete when the
athlete first applied for the
certification.
``(II) Definition.--For
purposes of subclause (I), the
term `professional athlete'
means an individual who is
employed as an athlete by--
``(aa) a team that
is a member of an
association of 6 or
more professional
sports teams whose
total combined revenues
exceed $10,000,000 per
year, if the
association governs the
conduct of its members
and regulates the
contests and
exhibitions in which
its member teams
regularly engage; or
``(bb) any minor
league team that is
affiliated with such an
association.''.
(b) Classification Petitions.--Section 204 (8 U.S.C. 1154)
is amended by adding at the end the following:
``(i) Professional Athletes.--
``(1) In general.--A petition under subsection
(a)(4)(D) for classification of a professional athlete
shall remain valid for the athlete after the athlete
changes employers, if the new employer is a team in the
same sport as the team which was the employer who filed
the petition.
``(2) Definition.--For purposes of paragraph (1),
the term `professional athlete' means an individual who
is employed as an athlete by--
``(A) a team that is a member of an
association of 6 or more professional sports
teams whose total combined revenues exceed
$10,000,000 per year, if the association
governs the conduct of its members and
regulates the contests and exhibitions in which
its member teams regularly engage; or
``(B) any minor league team that is
affiliated with such an association.''.
SEC. 625. FOREIGN STUDENTS.
(a) Limitations.--
(1) In general.--Section 214 (8 U.S.C. 1184) is
amended by adding at the end the following new
subsection:
``(l)(1) An alien may not be accorded status as a
nonimmigrant under section 101(a)(15)(F)(i) in order to pursue
a course of study--
``(A) at a public elementary school or in a
publicly funded adult education program; or
``(B) at a public secondary school unless--
``(i) the aggregate period of such status
at such a school does not exceed 12 months with
respect to any alien, and (ii) the alien
demonstrates that the alien has reimbursed the
local educational agency that administers the
school for the full, unsubsidized per capita
cost of providing education at such school for
the period of the alien's attendance.
``(2) An alien who obtains the status of a nonimmigrant
under section 101(a)(15)(F)(i) in order to pursue a course of
study at a private elementary or secondary school or in a
language training program that is not publicly funded shall be
considered to have violated such status, and the alien's visa
under section 101(a)(15)(F) shall be void, if the alien
terminates or abandons such course of study at such a school
and undertakes a course of study at a public elementary school,
in a publicly funded adult education program, in a publicly
funded adult education language training program, or at a
public secondary school (unless the requirements of paragraph
(1)(B) are met).''.
(2) Conforming amendment.--Section 101(a)(15)(F) (8
U.S.C. 1101(a)(15)(F)) is amended by inserting
``consistent with section 214(l)'' after ``such a
course of study''.
(b) Reference to New Ground of Exclusion for Student Visa
Abusers.--For addition of ground of inadmissibility for certain
nonimmigrant student abusers, see section 347 of this division.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to individuals who obtain the status of a
nonimmigrant under section 101(a)(15)(F) of the Immigration and
Nationality Act after the end of the 60-day period beginning on
the date of the enactment of this Act, including aliens whose
status as such a nonimmigrant is extended after the end of such
period.
SEC. 626. SERVICES TO FAMILY MEMBERS OF CERTAIN OFFICERS AND AGENTS
KILLED IN THE LINE OF DUTY.
(a) In General.--Title II, as amended by section 205(a) of
this division, is amended by adding at the end the following
new section:
``transportation of remains of immigration officers and border patrol
agents killed in the line of duty
``Sec. 295. (a) In General.--To the extent provided in
appropriation Acts, when an immigration officer or border
patrol agent is killed in the line of duty, the Attorney
General may pay from appropriations available for the activity
in which the officer or agent was engaged--
``(1) the actual and necessary expenses of
transportation of the remains of the officer or agent
to a place of burial located in any State, American
Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, or the Republic of
Palau;
``(2) travel expenses, including per diem in lieu
of subsistence, of the decedent's spouse and minor
children to and from such site at rates not greater
than those established for official government travel
under subchapter I of chapter 57 of title 5, United
States Code; and
``(3) any other memorial service authorized by the
Attorney General.
``(b) Prepayment.--The Attorney General may prepay any
expense authorized to be paid under this section.''.
(b) Clerical Amendment.--The table of contents, as amended
by section 205(b) of this division, is amended by inserting
after the item relating to section 294 the following new item:
``Sec. 295. Transportation of remains of immigration officers and
border patrol agents killed in the line of duty.''.
Subtitle C--Provisions Relating to Visa Processing and Consular
Efficiency
SEC. 631. VALIDITY OF PERIOD OF VISAS.
(a) Extension of Validity of Immigrant Visas to 6 Months.--
Section 221(c) (8 U.S.C. 1201(c)) is amended by striking ``four
months'' and inserting ``six months''.
(b) Authorizing Application of Reciprocity Rule for
Nonimmigrant Visa in Case of Refugees and Permanent
Residents.--Such section is further amended by inserting before
the period at the end of the third sentence the following: ``;
except that in the case of aliens who are nationals of a
foreign country and who either are granted refugee status and
firmly resettled in another foreign country or are granted
permanent residence and residing in another foreign country,
the Secretary of State may prescribe the period of validity of
such a visa based upon the treatment granted by that other
foreign country to alien refugees and permanent residents,
respectively, in the United States''.
SEC. 632. ELIMINATION OF CONSULATE SHOPPING FOR VISA OVERSTAYS.
(a) In General.--Section 222 (8 U.S.C. 1202) is amended by
adding at the end the following:
``(g)(1) In the case of an alien who has been admitted on
the basis of a nonimmigrant visa and remained in the United
States beyond the period of stay authorized by the Attorney
General, such visa shall be void beginning after the conclusion
of such period of stay.
``(2) An alien described in paragraph (1) shall be
ineligible to be readmitted to the United States as a
nonimmigrant, except--
``(A) on the basis of a visa (other than the visa
described in paragraph (1)) issued in a consular office
located in the country of the alien's nationality (or,
if there is no office in such country, in such other
consular office as the Secretary of State shall
specify); or
``(B) where extraordinary circumstances are found
by the Secretary of State to exist.''.
(b) Applicability.--
(1) Visas.--Section 222(g)(1) of the Immigration
and Nationality Act, as added by subsection (a), shall
apply to a visa issued before, on, or after the date of
the enactment of this Act.
(2) Aliens seeking readmission.--Section 222(g)(2)
of the Immigration and Nationality Act, as added by
subsection (a), shall apply to any alien applying for
readmission to the United States after the date of the
enactment of this Act, except an alien applying for
readmission on the basis of a visa that--
(A) was issued before such date; and
(B) is not void through the application of
section 222(g)(1) of the Immigration and
Nationality Act, as added by subsection (a).
SEC. 633. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.
Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amended--
(1) by inserting ``(A)'' after
``Nondiscrimination.--''; and
(2) by adding at the end the following:
``(B) Nothing in this paragraph shall be construed
to limit the authority of the Secretary of State to
determine the procedures for the processing of
immigrant visa applications or the locations where such
applications will be processed.''.
SEC. 634. CHANGES REGARDING VISA APPLICATION PROCESS.
(a) Nonimmigrant Applications.--Section 222(c) (8 U.S.C.
1202(c)) is amended--
(1) by striking ``personal description'' through
``marks of identification);'';
(2) by striking ``applicant'' and inserting
``applicant, the determination of his eligibility for a
nonimmigrant visa,''; and
(3) by adding at the end the following: ``At the
discretion of the Secretary of State, application forms
for the various classes of nonimmigrant admissions
described in section 101(a)(15) may vary according to
the class of visa being requested.''.
(b) Disposition of Applications.--Section 222(e) (8 U.S.C.
1202(e)) is amended--
(1) in the first sentence, by striking ``required
by this section'' and inserting ``for an immigrant
visa''; and
(2) in the fourth sentence--
(A) by striking ``stamp'' and inserting
``stamp, or other
(B) by striking ``by the consular
officer''.
SEC. 635. VISA WAIVER PROGRAM.
(a) Elimination of Joint Action Requirement.--Section 217
(8 U.S.C. 1187) is amended--
(1) in subsection (a), by striking ``Attorney
General and the Secretary of State, acting jointly''
and inserting ``Attorney General, in consultation with
the Secretary of State'';
(2) in subsection (c)(1), by striking ``Attorney
General and the Secretary of State acting jointly'' and
inserting ``Attorney General, in consultation with the
Secretary of State,''; and
(3) in subsection (d), by striking ``Attorney
General and the Secretary of State, acting jointly,''
and inserting ``Attorney General, in consultation with
the Secretary of State,''.
(b) Extension of Program.--Section 217(f) (8 U.S.C.
1187(f)) is amended by striking ``1996'' and inserting
``1997.''.
(c) Duration and Termination of Designation of Pilot
Program Countries.--
(1) In general.--Section 217(g) (8 U.S.C. 1187(g))
is amended to read as follows:
``(g) Duration and Termination of Designation.--
``(1) In general.--
``(A) Determination and notification of
disqualification rate.--Upon determination by
the Attorney General that a pilot program
country's disqualification rate is 2 percent or
more, the Attorney General shall notify the
Secretary of State.
``(B) Probationary status.--If the program
country's disqualification rate is greater than
2 percent but less than 3.5 percent, the
Attorney General shall place the program
country in probationary status for a period not
to exceed 2 full fiscal years following the
year in which the determination under
subparagraph (A) is made.
``(C) Termination of designation.--Subject
to paragraph (3), if the program country's
disqualification rate is 3.5 percent or more,
the Attorney General shall terminate the
country's designation as a pilot program
country effective at the beginning of the
second fiscal year following the fiscal year in
which the determination under subparagraph (A)
is made.
``(2) Termination of probationary status.--
``(A) In general.--If the Attorney General
determines at the end of the probationary
period described in paragraph (1)(B) that the
program country placed in probationary status
under such paragraph has failed to develop a
machine-readable passport program as required
by section (c)(2)(C), or has a disqualification
rate of 2 percent or more, the Attorney General
shall terminate the designation of the country
as a pilot program country. If the Attorney
General determines that the program country has
developed a machine-readable passport program
and has a disqualification rate of less than 2
percent, the Attorney General shall redesignate
the country as a pilot program country.
``(B) Effective date.--A termination of the
designation of a country under subparagraph (A)
shall take effect on the first day of the first
fiscal year following the fiscal year in which
the determination under such subparagraph is
made. Until such date, nationals of the country
shall remain eligible for a waiver under
subsection (a).
``(3) Nonapplicability of certain provisions.--
Paragraph (1)(C) shall not apply unless the total
number of nationals of a pilot program country
described in paragraph (4)(A) exceeds 100.
``(4) Definition.--For purposes of this subsection,
the term `disqualification rate' means the percentage
which--
``(A) the total number of nationals of the
pilot program country who were--
``(i) excluded from admission or
withdrew their application for
admission during the most recent fiscal
year for which data are available; and
``(ii) admitted as nonimmigrant
visitors during such fiscal year and
who violated the terms of such
admission; bears to
``(B) the total number of nationals of such
country who applied for admission as
nonimmigrant visitors during such fiscal
year.''.
(2) Transition.--A country designated as a pilot
program country with probationary status under section
217(g) of the Immigration and Nationality Act (as in
effect on the day before the date of the enactment of
this Act) shall be considered to be designated as a
pilot program country on and after such date, subject
to placement in probationary status or termination of
such designation under such section (as amended by
paragraph (1)).
(3) Conforming amendment.--Section 217(a)(2)(B) (8
U.S.C. 1187(a)(2)(B)) is amended by striking ``or is''
through ``subsection (g).'' and inserting a period.
SEC. 636. FEE FOR DIVERSITY IMMIGRANT LOTTERY.
The Secretary of State may establish a fee to be paid by
each applicant for an immigrant visa described in section
203(c) of the Immigration and Nationality Act. Such fee may be
set at a level that will ensure recovery of the cost to the
Department of State of allocating visas under such section,
including the cost of processing all applications thereunder.
All fees collected under this section shall be used for
providing consular services. All fees collected under this
section shall be deposited as an offsetting collection to any
Department of State appropriation and shall remain available
for obligations until expended. The provisions of the Act of
August 18, 1856 (11 Stat. 58; 22 U.S.C. 4212-4214), concerning
accounting for consular fees, shall not apply to fees collected
under this section.
SEC. 637. ELIGIBILITY FOR VISAS FOR CERTAIN POLISH APPLICANTS FOR THE
1995 DIVERSITY IMMIGRANT PROGRAM.
(a) In General.--The Attorney General, in consultation with
the Secretary of State, shall include among the aliens selected
for diversity immigrant visas for fiscal year 1997 pursuant to
section 203(c) of the Immigration and Nationality Act any alien
who, on or before September 30, 1995--
(1) was selected as a diversity immigrant under
such section for fiscal year 1995;
(2) applied for adjustment of status to that of an
alien lawfully admitted for permanent residence
pursuant to section 245 of such Act during fiscal year
1995, and whose application, and any associated fees,
were accepted by the Attorney General, in accordance
with applicable regulations;
(3) was not determined by the Attorney General to
be excludable under section 212 of such Act or
ineligible under section 203(c)(2) of such Act; and
(4) did not become an alien lawfully admitted for
permanent residence during fiscal year 1995.
(b) Priority.--The aliens selected under subsection (a)
shall be considered to have been selected for diversity
immigrant visas for fiscal year 1997 prior to any alien
selected under any other provision of law.
(c) Reduction of Immigrant Visa Number.--For purposes of
applying the numerical limitations in sections 201 and 203(c)
of the Immigration and Nationality Act, aliens selected under
subsection (a) who are granted an immigrant visa shall be
treated as aliens granted a visa under section 203(c) of such
Act.
Subtitle D--Other Provisions
SEC. 641. PROGRAM TO COLLECT INFORMATION RELATING TO NONIMMIGRANT
FOREIGN STUDENTS AND OTHER EXCHANGE PROGRAM
PARTICIPANTS.
(a) In General.--
(1) Program.--The Attorney General, in consultation
with the Secretary of State and the Secretary of
Education, shall develop and conduct a program to
collect from approved institutions of higher education
and designated exchange visitor programs in the United
States the information described in subsection (c) with
respect to aliens who--
(A) have the status, or are applying for
the status, of nonimmigrants under subparagraph
(F), (J), or (M) of section 101(a)(15) of the
Immigration and Nationality Act; and
(B) are nationals of the countries
designated under subsection (b).
(2) Deadline.--The program shall commence not later
than January 1, 1998.
(b) Covered Countries.--The Attorney General, in
consultation with the Secretary of State, shall designate
countries for purposes of subsection (a)(1)(B). The Attorney
General shall initially designate not less than 5 countries and
may designate additional countries at any time while the
program is being conducted.
(c) Information To Be Collected.--
(1) In general.--The information for collection
under subsection (a) with respect to an alien consists
of--
(A) the identity and current address in the
United States of the alien;
(B) the nonimmigrant classification of the
alien and the date on which a visa under the
classification was issued or extended or the
date on which a change to such classification
was approved by the Attorney General;
(C) in the case of a student at an approved
institution of higher education, the current
academic status of the alien, including whether
the alien is maintaining status as a full-time
student or, in the case of a participant in a
designated exchange visitor program, whether
the alien is satisfying the terms and
conditions of such program; and
(D) in the case of a student at an approved
institution of higher education, any
disciplinary action taken by the institution
against the alien as a result of the alien's
being convicted of a crime or, in the case of a
participant in a designated exchange visitor
program, any change in the alien's
participation as a result of the alien's being
convicted of a crime.
(2) FERPA.--The Family Educational Rights and
Privacy Act of 1974 shall not apply to aliens described
in subsection (a) to the extent that the Attorney
General determines necessary to carry out the program
under subsection (a).
(3) Electronic collection.--The information
described in paragraph (1) shall be collected
electronically, where practicable.
(4) Computer software.--
(A) Collecting institutions.--To the extent
practicable, the Attorney General shall design
the program in a manner that permits approved
institutions of higher education and designated
exchange visitor programs to use existing
software for the collection, storage, and data
processing of information described in
paragraph (1).
(B) Attorney general.--To the extent
practicable, the Attorney General shall use or
enhance existing software for the collection,
storage, and data processing of information
described in paragraph (1).
(d) Participation by Institutions of Higher Education and
Exchange Visitor Programs.--
(1) Condition.--The information described in
subsection (c) shall be provided by as a condition of--
(A) in the case of an approved institution
of higher education, the continued approval of
the institution under subparagraph (F) or (M)
of section 101(a)(15) of the Immigration and
Nationality Act; and
(B) in the case of an approved institution
of higher education or a designated exchange
visitor program, the granting of authority to
issue documents to an alien demonstrating the
alien's eligibility for a visa under
subparagraph (F), (J), or (M) of section
101(a)(15) of such Act.
(2) Effect of failure to provide information.--If
an approved institution of higher education or a
designated exchange visitor program fails to provide
the specified information, such approvals and such
issuance of visas shall be revoked or denied.
(e) Funding.--
(1) In general.--Beginning on April 1, 1997, an
approved institution of higher education and a
designated exchange visitor program shall impose on,
and collect from, each alien described in paragraph
(3), with respect to whom the institution or program is
required by subsection (a) to collect information, a
fee established by the Attorney General under paragraph
(4) at the time--
(A) when the alien first registers with the
institution or program after entering the
United States; or
(B) in a case where a registration under
subparagraph (A) does not exist, when the alien
first commences activities in the United States
with the institution or program.
(2) Remittance.--An approved institution of higher
education and a designated exchange visitor program
shallremit the fees collected under paragraph (1) to
the Attorney General pursuant to a schedule established by the Attorney
General.
(3) Aliens described.--An alien referred to in
paragraph (1) is an alien who has nonimmigrant status
under subparagraph (F), (J), or (M) of section
101(a)(15) of the Immigration and Nationality Act
(other than a nonimmigrant under section 101(a)(15)(J)
of such Act who has come to the United States as a
participant in a program sponsored by the Federal
Government).
(4) Amount and use of fees.--
(A) Establishment of amount.--The Attorney
General shall establish the amount of the fee
to be imposed on, and collected from, an alien
under paragraph (1). Except as provided in
subsection (g)(2), the fee imposed on any
individual may not exceed $100. The amount of
the fee shall be based on the Attorney
General's estimate of the cost per alien of
conducting the information collection program
described in this section.
(B) Use.--Fees collected under paragraph
(1) shall be deposited as offsetting receipts
into the Immigration Examinations Fee Account
(established under section 286(m) of the
Immigration and Nationality Act) and shall
remain available until expended for the
Attorney General to reimburse any appropriation
the amount paid out of which is for expenses in
carrying out this section.
(f) Joint Report.--Not later than 4 years after the
commencement of the program established under subsection (a),
the Attorney General, the Secretary of State, and the Secretary
of Education shall jointly submit to the Committees on the
Judiciary of the Senate and the House of Representatives a
report on the operations of the program and the feasibility of
expanding the program to cover the nationals of all countries.
(g) Worldwide Applicability of the Program.--
(1) Expansion of program.--
(A) In general.--Not later than 6 months
after the submission of the report required by
subsection (f), the Attorney General, in
consultation with the Secretary of State and
the Secretary of Education, shall commence
expansion of the program to cover the nationals
of all countries.
(B) Deadline.--Such expansion shall be
completed not later than 1 year after the date
of the submission of the report referred to in
subsection (f).
(2) Revision of fee.--After the program has been
expanded, as provided in paragraph (1), the Attorney
General may, on a periodic basis, revise the amount of
the fee imposed and collected under subsection (e) in
order to take into account changes in the cost of
carrying out the program.
(h) Definitions.--As used in this section:
(1) Approved institution of higher education.--The
term ``approved institution of higher education'' means
a college or university approved by the Attorney
General, in consultation with the Secretary of
Education, under subparagraph (F), (J), or (M) of
section 101(a)(15) of the Immigration and Nationality
Act.
(2) Designated exchange visitor program.--The term
``designated exchange visitor program'' means a program
that has been--
(A) designated by the Director of the
United States Information Agency for purposes
of section 101(a)(15)(J) of the Immigration and
Nationality Act; and
(B) selected by the Attorney General for
purposes of the program under this section.
SEC. 642. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE IMMIGRATION
AND NATURALIZATION SERVICE.
(a) In General.--Notwithstanding any other provision of
Federal, State, or local law, a Federal, State, or local
government entity or official may not prohibit, or in any way
restrict, any government entity or official from sending to, or
receiving from, the Immigration and Naturalization Service
information regarding the citizenship or immigration status,
lawful or unlawful, of any individual.
(b) Additional Authority of Government Entities.--
Notwithstanding any other provision of Federal, State, or local
law, no person or agency may prohibit, or in any way restrict,
a Federal, State, or local government entity from doing any of
the following with respect to information regarding the
immigration status, lawful or unlawful, of any individual:
(1) Sending such information to, or requesting or
receiving such information from, the Immigration and
Naturalization Service.
(2) Maintaining such information.
(3) Exchanging such information with any other
Federal, State, or local government entity.
(c) Obligation to Respond to Inquiries.--The Immigration
and Naturalization Service shall respond to an inquiry by a
Federal, State, or local government agency, seeking to verify
or ascertain the citizenship or immigration status of any
individual within the jurisdiction of the agency for any
purpose authorized by law, by providing the requested
verification or status information.
SEC. 643. REGULATIONS REGARDING HABITUAL RESIDENCE.
Not later than 6 months after the date of the enactment of
this Act, the Commissioner of Immigration and Naturalization
shall issue regulations governing rights of ``habitual
residence'' in the United States under the terms of the
following:
(1) The Compact of Free Association between the
Government of the United States and the Governments of
the Marshall Islands and the Federated States of
Micronesia (48 U.S.C. 1901 note).
(2) The Compact of Free Association between the
Government of the United States and the Government of
Palau (48 U.S.C. 1931 note).
SEC. 644. INFORMATION REGARDING FEMALE GENITAL MUTILATION.
(a) Provision of Information Regarding Female Genital
Mutilation.--The Immigration and Naturalization Service (in
cooperation with the Department of State) shall make available
for all aliens who are issued immigrant or nonimmigrant visas,
prior to or at the time of entry into the United States, the
following information:
(1) Information on the severe harm to physical and
psychological health caused by female genital
mutilation which is compiled and presented in a manner
which is limited to the practice itself and respectful
to the cultural values of the societies in which such
practice takes place.
(2) Information concerning potential legal
consequences in the United States for (A) performing
female genital mutilation, or (B) allowing a child
under his or her care to be subjected to female genital
mutilation, under criminal or child protection statutes
or as a form of child abuse.
(b) Limitation.--In consultation with the Secretary of
State, the Commissioner of Immigration and Naturalization shall
identify those countries in which female genital mutilation is
commonly practiced and, to the extent practicable, limit the
provision of information under subsection (a) to aliens from
such countries.
(c) Definition.--For purposes of this section, the term
``female genital mutilation'' means the removal or infibulation
(or both) of the whole or part of the clitoris, the labia
minora, or labia majora.
SEC. 645. CRIMINALIZATION OF FEMALE GENITAL MUTILATION.
(a) Findings.--The Congress finds that--
(1) the practice of female genital mutilation is
carried out by members of certain cultural and
religious groups within the United States;
(2) the practice of female genital mutilation often
results in the occurrence of physical and psychological
health effects that harm the women involved;
(3) such mutilation infringes upon the guarantees
of rights secured by Federal and State law, both
statutory and constitutional;
(4) the unique circumstances surrounding the
practice of female genital mutilation place it beyond
the ability of any single State or local jurisdiction
to control;
(5) the practice of female genital mutilation can
be prohibited without abridging the exercise of any
rights guaranteed under the first amendment to the
Constitution or under any other law; and
(6) Congress has the affirmative power under
section 8 of article I, the necessary and proper
clause, section 5 of the fourteenth amendment, as well
as under the treaty clause, to the Constitution to
enact such legislation.
(b) Crime.--
(1) In general.--Chapter 7 of title 18, United
States Code, is amended by adding at the end the
following:
``Sec. 116. Female genital mutilation
``(a) Except as provided in subsection (b), whoever
knowingly circumcises, excises, or infibulates the whole or any
part of the labia majora or labia minora or clitoris of another
person who has not attained the age of 18 years shall be fined
under this title or imprisoned not more than 5 years, or both.
``(b) A surgical operation is not a violation of this
section if the operation is--
``(1) necessary to the health of the person on whom
it is performed, and is performed by a person licensed
in the place of its performance as a medical
practitioner; or
``(2) performed on a person in labor or who has
just given birth and is performed for medical purposes
connected with that labor or birth by a person licensed
in the place it is performed as a medical practitioner,
midwife, or person in training to become such a
practitioner or midwife.
``(c) In applying subsection (b)(1), no account shall be
taken of the effect on the person on whom the operation is to
be performed of any belief on the part of that person, or any
other person, that the operation is required as a matter of
custom or ritual.''.
(2) Conforming amendment.--The table of sections at
the beginning of chapter 7 of title 18, United States
Code, is amended by adding at the end the following new
item:
``116. Female genital mutilation.''.
(c) Effective Date.--The amendments made by subsection (b)
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
SEC. 646. ADJUSTMENT OF STATUS FOR CERTAIN POLISH AND HUNGARIAN
PAROLEES.
(a) In General.--The Attorney General shall adjust the
status of an alien described in subsection (b) to that of an
alien lawfully admitted for permanent residence if the alien--
(1) applies for such adjustment;
(2) has been physically present in the United
States for at least 1 year and is physically present in
the United States on the date the application for such
adjustment is filed;
(3) is admissible to the United States as an
immigrant, except as provided in subsection (c); and
(4) pays a fee (determined by the Attorney General)
for the processing of such application.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided in subsection (a) shall only apply to an alien who--
(1) was a national of Poland or Hungary; and
(2) was inspected and granted parole into the
United States during the period beginning on November
1, 1989, and ending on December 31, 1991, after being
denied refugee status.
(c) Waiver of Certain Grounds for Inadmissibility.--The
provisions of paragraphs (4), (5), and (7)(A) of section 212(a)
of the Immigration and Nationality Act shall not apply to
adjustment of status under this section and the Attorney
General may waive any other provision of such section (other
than paragraph (2)(C) and subparagraphs (A), (B), (C), or (E)
of paragraph (3)) with respect to such an adjustment for
humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest.
(d) Date of Approval.--Upon the approval of such an
application for adjustment of status, the Attorney General
shall create a record of the alien's admission as an alien
lawfully admitted for permanent residence as of the date of the
alien's inspection and parole described in subsection (b)(2).
(e) No Offset in Number of Visas Available.--When an alien
is granted the status of having been lawfully admitted for
permanent residence under this section, the Secretary of State
shall not be required to reduce the number of immigrant visas
authorized to be issued under the Immigration and Nationality
Act.
SEC. 647. SUPPORT OF DEMONSTRATION PROJECTS.
(a) In General.--The Attorney General shall make available
funds under this section, in each of fiscal years 1997 through
2001, to the Commissioner of Immigration and Naturalization or
to other public or private nonprofit entities to support
demonstration projects under this section at 10 sites
throughout the United States. Each such project shall be
designed to provide for the administration of the oath of
allegiance under section 337(a) of the Immigration and
Nationality Act on a business day around Independence Day to
approximately 500 people whose application for naturalization
has been approved. Each project shall provide for appropriate
outreach and ceremonial and celebratory activities.
(b) Selection of Sites.--The Attorney General shall, in the
Attorney General's discretion, select diverse locations for
sites on the basis of the number of naturalization applicants
living in proximity to each site and the degree of local
community participation and support in the project to be held
at the site. Not more than 2 sites may be located in the same
State. The Attorney General shall consider changing the sites
selected from year to year.
(c) Amounts Available; Use of Funds.--
(1) Amount.--The amount made available under this
section with respect to any single site for a year
shall not exceed $5,000.
(2) Use.--Funds made available under this section
may be used only to cover expenses incurred in carrying
out oath administration ceremonies at the demonstration
sites under subsection (a), including expenses for--
(A) cost of personnel of the Immigration
and Naturalization Service (including travel
and overtime expenses);
(B) rental of space; and
(C) costs of printing appropriate brochures
and other information about the ceremonies.
(3) Availability of funds.--Funds that are
otherwise available to the Immigration and
Naturalization Service to carry out naturalization
activities shall be available, to the extent provided
in appropriation Acts, to carry out this section.
(d) Application.--In the case of an entity other than the
Immigration and Naturalization Service seeking to conduct a
demonstration project under this section, no amounts may be
made available to the entity under this section unless an
appropriate application has been made to, and approved by, the
Attorney General, in a form and manner specified by the
Attorney General.
SEC. 648. SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS;
REQUIREMENTS REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds
made available under this division should be American-made.
(b) Notice to Recipients of Grants.--In providing grants
under this division, the Attorney General, to the greatest
extent practicable, shall provide to each recipient of a grant
a notice describing the statement made in subsection (a) by the
Congress.
SEC. 649. VESSEL MOVEMENT CONTROLS DURING IMMIGRATION EMERGENCY.
Section 1 of the Act of June 15, 1917 (50 U.S.C. 191) is
amended in the first sentence by inserting ``or whenever the
Attorney General determines that an actual or anticipated mass
migration of aliens en route to, or arriving off the coast of,
the United States presents urgent circumstances requiring an
immediate Federal response,'' after ``United States,'' the
first place such term appears.
SEC. 650. REVIEW OF PRACTICES OF TESTING ENTITIES.
(a) In General.--The Attorney General shall investigate,
and submit a report to the Committees on the Judiciary of the
House of Representatives and of the Senate regarding, the
practices of entities authorized to administer standardized
citizenship tests pursuant to section 312.3(a) of title 8, Code
of Federal Regulations. The report shall include any findings
of fraudulent practices by such entities.
(b) Preliminary and Final Reports.--Not later than 90 days
after the date of the enactment of this Act, the Attorney
General shall submit to the Committees on the Judiciary of the
House of Representatives and of the Senate a preliminary report
on the investigation conducted under subsection (a). The
Attorney General shall submit to such Committees a final report
on such investigation not later than 275 days after the
submission of the preliminary report.
SEC. 651. DESIGNATION OF A UNITED STATES CUSTOMS ADMINISTRATIVE
BUILDING.
(a) Designation.--The United States Customs Administrative
Building at the Ysleta/Zaragosa Port of Entry located at 797
South Zaragosa Road in El Paso, Texas, is designated as the
``Timothy C. McCaghren Customs Administrative Building''.
(b) Legal References.--Any reference in any law,
regulation, document, record, map, or other paper of the United
States to the building referred to in subsection (a) is deemed
to be a reference to the ``Timothy C. McCaghren Customs
Administrative Building''.
SEC. 652. MAIL-ORDER BRIDE BUSINESS.
(a) Findings.--The Congress finds as follows:
(1) There is a substantial ``mail-order bride''
business in the United States. With approximately 200
companies in the United States, an estimated 2,000 to
3,500 men in the United States find wives through mail-
order bride catalogs each year. However, there are no
official statistics available on the number of mail-
order brides entering the United States each year.
(2) The companies engaged in the mail-order bride
business earn substantial profits.
(3) Although many of these mail-order marriages
work out, in many other cases, anecdotal evidence
suggests that mail-order brides find themselves in
abusive relationships. There is also evidence to
suggest that a substantial number of mail-order
marriages are fraudulent under United States law.
(4) Many mail-order brides come to the United
States unaware or ignorant of United States immigration
law. Mail-order brides who are battered often think
that if theyflee an abusive marriage, they will be
deported. Often the citizen spouse threatens to have them deported if
they report the abuse.
(5) The Immigration and Naturalization Service
estimates that the rate of marriage fraud between
foreign nationals and United States citizens or aliens
lawfully admitted for permanent residence is 8 percent.
It is unclear what percentage of these marriage fraud
cases originate as mail-order marriages.
(b) Information Dissemination.--
(1) Requirement.--Each international matchmaking
organization doing business in the United States shall
disseminate to recruits, upon recruitment, such
immigration and naturalization information as the
Immigration and Naturalization Service deems
appropriate, in the recruit's native language,
including information regarding conditional permanent
residence status and the battered spouse waiver under
such status, permanent resident status, marriage fraud
penalties, the unregulated nature of the business
engaged in by such organizations, and the study
required under subsection (c).
(2) Civil penalty.--
(A) Violation.--Any international
matchmaking organization that the Attorney
General determines has violated subsection (b)
shall be subject, in addition to any other
penalties that may be prescribed by law, to a
civil money penalty of not more than $20,000
for each such violation.
(B) Procedures for imposition of penalty.--
Any penalty under subparagraph (A) may be
imposed only after notice and opportunity for
an agency hearing on the record in accordance
with sections 554 through 557 of title 5,
United States Code.
(c) Study.--The Attorney General, in consultation with the
Commissioner of Immigration and Naturalization and the Director
of the Violence Against Women Initiative of the Department of
Justice, shall conduct a study of mail-order marriages to
determine, among other things--
(1) the number of such marriages;
(2) the extent of marriage fraud in such marriages,
including an estimate of the extent of marriage fraud
arising from the services provided by international
matchmaking organizations;
(3) the extent to which mail-order spouses utilize
section 244(a)(3) of the Immigration and Nationality
Act (providing for suspension of deportation in certain
cases involving abuse), or section 204(a)(1)(A)(iii) of
such Act (providing for certain aliens who have been
abused to file a classification petition on their own
behalf);
(4) the extent of domestic abuse in mail-order
marriages; and
(5) the need for continued or expanded regulation
and education to implement the objectives of the
Violence Against Women Act of 1994 and the Immigration
Marriage Fraud Amendments of 1986 with respect to mail-
order marriages.
(d) Report.--Not later than 1 year after the date of the
enactment of this Act, the Attorney General shall submit a
report to the Committees on the Judiciary of the House of
Representatives and of the Senate setting forth the results of
the study conducted under subsection (c).
(e) Definitions.--As used in this section:
(1) International matchmaking organization.--
(A) In general.--The term ``international
matchmaking organization'' means a corporation,
partnership, business, or other legal entity,
whether or not organized under the laws of the
United States or any State, that does business
in the United States and for profit offers to
United States citizens or aliens lawfully
admitted for permanent residence, dating,
matrimonial, or social referral services to
nonresident noncitizens, by--
(i) an exchange of names, telephone
numbers, addresses, or statistics;
(ii) selection of photographs; or
(iii) a social environment provided
by the organization in a country other
than the United States.
(B) Exception.--Such term does not include
a traditional matchmaking organization of a
religious nature that otherwise operates in
compliance with the laws of the countries of
the recruits of such organization and the laws
of the United States.
(2) Recruit.--The term ``recruit'' means a
noncitizen, nonresident person, recruited by the
international matchmaking organization for the purpose
of providing dating, matrimonial, or social referral
services to United States citizens or aliens lawfully
admitted for permanent residence.
SEC. 653. REVIEW AND REPORT ON H-2A NONIMMIGRANT WORKERS PROGRAM.
(a) Sense of the Congress.--It is the sense of the Congress
that the H2-A nonimmigrant worker program should be reviewed
and may need improvement in order to meet the need of producers
of labor-intensive agricultural commodities and livestock in
the United States for an adequate workforce.
(b) Review.--The Comptroller General shall review the
effectiveness of the H-2A nonimmigrant worker program to ensure
that the program provides a sufficient supply of agricultural
labor in the event of future shortages of domestic workers
after the enactment of this Act. Among other things, the
Comptroller General shall review the H-2A nonimmigrant worker
program to determine--
(1) whether the program ensures that an adequate
supply of qualified United States workers is available
at the time and place needed for employers seeking such
workers after the date of enactment of this Act;
(2) whether the program ensures that there is
timely approval of applications for temporary foreign
workers under the program in the event of shortages of
United States workers after the date of the enactment
of this Act;
(3) whether the program ensures that implementation
of the program is not displacing United States
agricultural workers or diminishing the terms and
conditions of employment of United States agricultural
workers;
(4) if, and to what extent, the program is
contributing to the problem of illegal immigration; and
(5) that the program adequately meets the needs of
agricultural employers for all types of temporary
foreign agricultural workers, including higher-skilled
workers in occupations which require a level of
specific vocational preparation of 4 or higher (as
described in the 4th edition of the Dictionary of
Occupational Title, published by the Department of
Labor).
(c) Report.--Not later than December 31, 1996, or 3 months
after the date of the enactment of this Act, whichever occurs
earlier, the Comptroller General shall submit a report to the
appropriate committees of the Congress setting forth the
conclusions of the Comptroller General from the review
conducted under subsection (b).
(d) Definitions.--As used in this section:
(1) The term ``Comptroller General'' means the
Comptroller General of the United States.
(2) The term ``H-2A nonimmigrant worker program''
means the program for the admission of nonimmigrant
aliens described in section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act.
SEC. 654. REPORT ON ALLEGATIONS OF HARASSMENT BY CANADIAN CUSTOMS
AGENTS.
(a) Study and Review.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Commissioner of
the United States Customs Service shall initiate a
study of harassment by Canadian customs agents
allegedly undertaken for the purpose of deterring
cross-border commercial activity along the United
States-New Brunswick border. Such study shall include a
review of the possible connection between any incidents
of harassment and the discriminatory imposition of the
New Brunswick provincial sales tax on goods purchased
in the United States by New Brunswick residents, and
with any other actions taken by the Canadian provincial
governments to deter cross-border commercial
activities.
(2) Consultation.--In conducting the study under
paragraph (1), the Commissioner of the United States
Customs Service shall consult with representatives of
the State of Maine, local governments, local
businesses, and any other knowledgeable persons who the
Commissioner considers to be important to the
completion of the study.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Commissioner of the United States
Customs Service shall submit to the Committees on the Judiciary
of the House of Representatives and of the Senate a report on
the study and review conducted under subsection (a). The report
shall include recommendations for steps that the United States
Government can take to help end any harassment by Canadian
customs agents that is found to have occurred.
SEC. 655. SENSE OF CONGRESS ON DISCRIMINATORY APPLICATION OF NEW
BRUNSWICK PROVINCIAL SALES TAX.
(a) Findings.--The Congress finds as follows:
(1) In July 1993, Canadian customs officers began
collecting an 11 percent New Brunswick provincial sales
tax on goods purchased in the United States by New
Brunswick residents, an action that has caused severe
economic harm to United States businesses located in
proximity to the border with New Brunswick.
(2) This impediment to cross-border trade compounds
the damage already done from the Canadian
Government'simposition of a 7 percent tax on all goods bought by
Canadians in the United States.
(3) Collection of the New Brunswick provincial
sales tax on goods purchased outside of New Brunswick
is effected only along the United States-Canadian
border, not along New Brunswick's borders with other
Canadian provinces; the tax is thus being administered
by Canadian authorities in a manner uniquely
discriminatory to Canadians shopping in the United
States.
(4) In February 1994, the United States Trade
Representative publicly stated an intention to seek
redress from the discriminatory application of the New
Brunswick provincial sales tax under the dispute
resolution process in chapter 20 of the North American
Free Trade Agreement (NAFTA), but the United States
Government has still not made such a claim under NAFTA
procedures.
(5) Initially, the United States Trade
Representative argued that filing a New Brunswick
provincial sales tax claim was delayed only because the
dispute mechanism under NAFTA had not yet been
finalized, but more than a year after such mechanism
has been put in place, the claim has still not been put
forward by the United States Trade Representative.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the provincial sales tax levied by the Canadian
province of New Brunswick on Canadian citizens of that
province who purchase goods in the United States--
(A) raises questions about a possible
violation of the North American Free Trade
Agreement in the discriminatory application of
the tax to cross-border trade with the United
States; and
(B) damages good relations between the
United States and Canada; and
(2) the United States Trade Representative should
move forward without further delay in seeking redress
under the dispute resolution process in chapter 20 of
the North American Free Trade Agreement for the
violation.
SEC. 656. IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS.
(a) Birth Certificates.--
(1) Standards for acceptance by federal agencies.--
(A) In general.--
(i) General rule.--Subject to
clause (ii), a Federal agency may not
accept for any official purpose a
certificate of birth, unless the
certificate--
(I) is a birth certificate
(as defined in paragraph (3));
and
(II) conforms to the
standards set forth in the
regulation promulgated under
subparagraph (B).
(ii) Applicability.--Clause (i)
shall apply only to a certificate of
birth issued after the day that is 3
years after the date of the
promulgation of a final regulation
under subparagraph (B). Clause (i)
shall not be construed to prevent a
Federal agency from accepting for
official purposes any certificate of
birth issued on or before such day.
(B) Regulation.--
(i) Consultation with government
agencies.--The President shall select 1
or more Federal agencies to consult
with State vital statistics offices,
and with other appropriate Federal
agencies designated by the President,
for the purpose of developing
appropriate standards for birth
certificates that may be accepted for
official purposes by Federal agencies,
as provided in subparagraph (A).
(ii) Selection of lead agency.--Of
the Federal agencies selected under
clause (i), the President shall select
1 agency to promulgate, upon the
conclusion of the consultation
conducted under such clause, a
regulation establishing standards of
the type described in such clause.
(iii) Deadline.--The agency
selected under clause (ii) shall
promulgate a final regulation under
such clause not later than the date
that is 1 year after the date of the
enactment of this Act.
(iv) Minimum requirements.--The
standards established under this
subparagraph--
(I) at a minimum, shall
require certification of the
birth certificate by the State
or local custodian of record
that issued the certificate,
and shall require the use of
safety paper, the seal of the
issuing custodian of record,
and other features designed to
limit tampering,
counterfeiting, and
photocopying, or otherwise
duplicating, the birth
certificate for fraudulent
purposes;
(II) may not require a
single design to which birth
certificates issued by all
States must conform; and
(III) shall accommodate the
differences between the States
in the manner and form in which
birth records are stored and
birth certificates are produced
from such records.
(2) Grants to states.--
(A) Assistance in meeting federal
standards.--
(i) In general.--Beginning on the
date a final regulation is promulgated
under paragraph (1)(B), the Secretary
of Health and Human Services, acting
through the Director of the National
Center for Health Statistics and after
consulting with the head of any other
agency designated by the President,
shall make grants to States to assist
them in issuing birth certificates that
conform to the standards set forth in
the regulation.
(ii) Allocation of grants.--The
Secretary shall provide grants to
States under this subparagraph in
proportion to the populations of the
States applying to receive a grant and
in an amount needed to provide a
substantial incentive for States to
issue birth certificates that conform
to the standards described in clause
(i).
(B) Assistance in matching birth and death
records.--
(i) In general.--The Secretary of
Health and Human Services, acting
through the Director of the National
Center for Health Statistics and after
consulting with the head of any other
agency designated by the President,
shall make grants to States to assist
them in developing the capability to
match birth and death records, within
each State and among the States, and to
note the fact of death on the birth
certificates of deceased persons. In
developing the capability described in
the preceding sentence, a State that
receives a grant under this
subparagraph shall focus first on
individuals born after 1950.
(ii) Allocation and amount of
grants.--The Secretary shall provide
grants to States under this
subparagraph in proportion to the
populations of the States applying to
receive a grant and in an amount needed
to provide a substantial incentive for
States to develop the capability
described in clause (i).
(C) Demonstration projects.--The Secretary
of Health and Human Services, acting through
the Director of the National Center for Health
Statistics, shall make grants to States for a
project in each of 5 States to demonstrate the
feasibility of a system under which persons
otherwise required to report the death of
individuals to a State would be required to
provide to the State's office of vital
statistics sufficient information to establish
the fact of death of every individual dying in
the State within 24 hours of acquiring the
information.
(3) Birth certificate.--As used in this subsection,
the term ``birth certificate'' means a certificate of
birth--
(A) of--
(i) an individual born in the
United States; or
(ii) an individual born abroad--
(I) who is a citizen or
national of the United States
at birth; and
(II) whose birth is
registered in the United
States; and
(B) that--
(i) is a copy, issued by a State or
local authorized custodian of record,
of an original certificate of birth
issued by such custodian of record; or
(ii) was issued by a State or local
authorized custodian of record and was
produced from birth records maintained
by such custodian of record.
(b) State-Issued Drivers Licenses and Comparable
Identification Documents.--
(1) Standards for acceptance by federal agencies.--
(A) In general.--A Federal agency may not
accept for any identification-related purpose a
driver's license, or other comparable
identification document, issued by a State,
unless the license or document satisfies the
following requirements:
(i) Application process.--The
application process for the license or
document shall include the presentation
of such evidence of identity as is
required by regulations promulgated by
the Secretary of Transportation after
consultation with the American
Association of Motor Vehicle
Administrators.
(ii) Social security number.--
Except as provided in subparagraph (B),
the license or document shall contain a
social security account number that can
be read visually or by electronic
means.
(iii) Form.--The license or
document otherwise shall be in a form
consistent with requirements set forth
in regulations promulgated by the
Secretary of Transportation after
consultation with the American
Association of Motor Vehicle
Administrators. The form shall contain
security features designed to limit
tampering, counterfeiting,
photocopying, or otherwise duplicating,
the license or document for fraudulent
purposes and to limit use of the
license or document by impostors.
(B) Exception.--The requirement in
subparagraph (A)(ii) shall not apply with
respect to a driver's license or other
comparable identification document issued by a
State, if the State--
(i) does not require the license or
document to contain a social security
account number; and
(ii) requires--
(I) every applicant for a
driver's license, or other
comparable identification
document, to submit the
applicant's social security
account number; and
(II) an agency of the State
to verify with the Social
Security Administration that
such account number is valid.
(C) Deadline.--The Secretary of
Transportation shall promulgate the regulations
referred to in clauses (i) and (iii) of
subparagraph (A) not later than 1 year after
the date of the enactment of this Act.
(2) Grants to states.--Beginning on the date final
regulations are promulgated under paragraph (1), the
Secretary of Transportation shall make grants to States
to assist them in issuing driver's licenses and other
comparable identification documents that satisfy the
requirements under such paragraph.
(3) Effective dates.--
(A) In general.--Except as otherwise
provided in this paragraph, this subsection
shall take effect on the date of the enactment
of this Act.
(B) Prohibition on federal agencies.--
Subparagraphs (A) and (B) of paragraph (1)
shall take effect beginning on October 1, 2000,
but shall apply only to licenses or documents
issued to an individual for the first time and
to replacement or renewal licenses or documents
issued according to State law.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall submit a report to the Congress on ways to
reduce the fraudulent obtaining and the fraudulent use of birth
certificates, including any such use to obtain a social
security account number or a State or Federal document related
to identification or immigration.
(d) Federal Agency Defined.--For purposes of this section,
the term ``Federal agency'' means any of the following:
(1) An Executive agency (as defined in section 105
of title 5, United States Code).
(2) A military department (as defined in section
102 of such title).
(3) An agency in the legislative branch of the
Government of the United States.
(4) An agency in the judicial branch of the
Government of the United States.
SEC. 657. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESISTANT SOCIAL
SECURITY CARD.
(a) Development.--
(1) In general.--The Commissioner of Social
Security (in this section referred to as the
``Commissioner'') shall, in accordance with the
provisions of this section, develop a prototype of a
counterfeit-resistant social security card. Such
prototype card--
(A) shall be made of a durable, tamper-
resistant material such as plastic or
polyester;
(B) shall employ technologies that provide
security features, such as magnetic stripes,
holograms, and integrated circuits; and
(C) shall be developed so as to provide
individuals with reliable proof of citizenship
or legal resident alien status.
(2) Assistance by attorney general.--The Attorney
General shall provide such information and assistance
as the Commissioner deems necessary to achieve the
purposes of this section.
(b) Studies and Reports.--
(1) In general.--The Comptroller General and the
Commissioner of Social Security shall each conduct a
study, and issue a report to the Congress, that
examines different methods of improving the social
security card application process.
(2) Elements of studies.--The studies shall include
evaluations of the cost and work load implications of
issuing a counterfeit-resistant social security card
for all individuals over a 3, 5, and 10 year period.
The studies shall also evaluate the feasibility and
cost implications of imposing a user fee for
replacement cards and cards issued to individuals who
apply for such a card prior to the scheduled 3, 5, and
10 year phase-in options.
(3) Distribution of reports.--Copies of the reports
described in this subsection, along with facsimiles of
the prototype cards as described in subsection (a),
shall be submitted to the Committees on Ways and Means
and Judiciary of the House of Representatives and the
Committees on Finance and Judiciary of the Senate not
later than 1 year after the date of the enactment of
this Act.
SEC. 658. BORDER PATROL MUSEUM.
(a) Authority.--Notwithstanding section 203 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
484) or any other provision of law, the Attorney General is
authorized to transfer and convey to the Border Patrol Museum
and Memorial Library Foundation, incorporated in the State of
Texas, such equipment, artifacts, and memorabilia held by the
Immigration and Naturalization Service as the Attorney General
may determine is necessary to further the purposes of the
Museum and Foundation.
(b) Technical Assistance.--The Attorney General is
authorized to provide technical assistance, through the detail
of personnel of the Immigration and Naturalization Service, to
the Border Patrol Museum and Memorial Library Foundation for
the purpose of demonstrating the use of the items transferred
under subsection (a).
SEC. 659. SENSE OF THE CONGRESS REGARDING THE MISSION OF THE
IMMIGRATION AND NATURALIZATION SERVICE.
It is the sense of the Congress that the mission statement
of the Immigration and Naturalization Service should include a
statement that it is the responsibility of the Service to
detect, apprehend, and remove those aliens unlawfully present
in the United States, particularly those aliens involved in
drug trafficking or other criminal activity.
SEC. 660. AUTHORITY FOR NATIONAL GUARD TO ASSIST IN TRANSPORTATION OF
CERTAIN ALIENS.
Section 112(d)(1) of title 32, United States Code, is
amended by adding at the end the following new sentence: ``The
plan as approved by the Secretary may provide for the use of
personnel and equipment of the National Guard of that State to
assist the Immigration and Naturalization Service in the
transportation of aliens who have violated a Federal or State
law prohibiting or regulating the possession, use, or
distribution of a controlled substance.''.
Subtitle E--Technical Corrections
SEC. 671. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Amendments Relating to Public Law 103-322 (Violent
Crime Control and Law Enforcement Act of 1994).--
(1) Section 60024(1)(F) of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law
103-322) (in this subsection referred to as ``VCCLEA'')
is amended by inserting ``United States Code,'' after
``title 18,''.
(2) Section 130003(b)(3) of VCCLEA is amended by
striking ``Naturalization'' and inserting
``Nationality''.
(3)(A) Section 214 (8 U.S.C. 1184) is amended by
redesignating the subsection (j), added by section
130003(b)(2) of VCCLEA (108 Stat. 2025), and the
subsection (k), as amended by section 622(c) of this
division, as subsections (k) and (l), respectively.
(B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S))
is amended by striking ``214(j)'' and inserting
``214(k)''.
(4)(A) Section 245 (8 U.S.C. 1255) is amended by
redesignating the subsection (i) added by section
130003(c)(1) of VCCLEA as subsection (j).
(B) Section 241(a)(2)(A)(i)(I) (8 U.S.C.
1251(a)(2)(A)(i)(I)), as amended by section 130003(d)
of VCCLEA and before redesignation by section 305(a)(2)
of this division, is amended by striking ``245(i)'' and
inserting ``245(j)''.
(5) Section 245(j)(3), as added by section
130003(c)(1) of VCCLEA and as redesignated by paragraph
(4)(A), is amended by striking ``paragraphs (1) or
(2)'' and inserting ``paragraph (1) or (2)''.
(6) Section 130007(a) of VCCLEA is amended by
striking ``242A(d)'' and inserting ``242A(a)(3)''.
(7) The amendments made by this subsection shall be
effective as if included in the enactment of the
VCCLEA.
(b) Amendments Relating to Immigration and Nationality
Technical Corrections Act of 1994.--
(1) Section 101(d) of the Immigration and
Nationality Technical Corrections Act of 1994 (Public
Law 103-416) (in this subsection referred to as
``INTCA'') is amended--
(A) by striking ``Application'' and all
that follows through ``This'' and inserting
``Applicability of Transmission Requirements.--
This'';
(B) by striking ``any residency or other
retention requirements for'' and inserting
``the application of any provision of law
relating to residence or physical presence in
the United States for purposes of transmitting
United States''; and
(C) by striking ``as in effect'' and all
that follows through the end and inserting ``to
any person whose claim is based on the
amendment made by subsection (a) or through
whom such a claim is derived.''.
(2) Section 102 of INTCA is amended by adding at
the end the following:
``(e) Transition.--In applying the amendment made by
subsection (a) to children born before November 14, 1986, any
reference in the matter inserted by such amendment to `five
years, at least two of which' is deemed a reference to `10
years, at least 5 of which'.''.
(3) Section 351(a) (8 U.S.C. 1483(a)), as amended
by section 105(a)(2)(A) of INTCA, is amended by
striking the comma after ``nationality''.
(4) Section 207(2) of INTCA is amended by inserting
a comma after ``specified''.
(5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is
amended in subparagraph (K)(ii), by striking the comma
after ``1588''.
(6) Section 273(b) (8 U.S.C. 1323(b)), as amended
by section 209(a) of INTCA, is amended by striking
``remain'' and inserting ``remains''.
(7) Section 209(a)(1) of INTCA is amended by
striking ``$3000'' and inserting ``$3,000''.
(8) Section 209(b) of INTCA is amended by striking
``subsection'' and inserting ``section''.
(9) Section 219(cc) of INTCA is amended by striking
`` `year 1993 the first place it appears' '' and
inserting `` `year 1993' the first place it appears''.
(10) Section 219(ee) of INTCA is amended by adding
at the end the following:
``(3) The amendments made by this subsection shall take
effect on the date of the enactment of this Act.''.
(11) Paragraphs (4) and (6) of section 286(r) (8
U.S.C. 1356(r)) are amended by inserting ``the'' before
``Fund'' each place it appears.
(12) Section 221 of INTCA is amended--
(A) by striking each semicolon and
inserting a comma,
(B) by striking ``disasters.'' and
inserting ``disasters,''; and
(C) by striking ``The official'' and
inserting ``the official''.
(13) Section 242A (8 U.S.C. 1252a), as added by
section 224(a) of INTCA and before redesignation as
section 238 by section 308(b)(5) of this division, is
amended by redesignating subsection (d) as subsection
(c).
(14) Except as otherwise provided in this
subsection, the amendments made by this subsection
shall take effect as if included in the enactment of
INTCA.
(c) Amendments Relating to Public Law 104-132
(Antiterrorism and Effective Death Penalty Act of 1996).--
(1) Section 219 (8 U.S.C. 1189), as added by
section 302(a) of Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132) (in this
subsection referred to as ``AEDPA''), is amended by
striking the heading and all that follows through
``(a)'' and inserting the following:
``designation of foreign terrorist organizations
``Sec. 219. (a)''.
(2) Section 302(b) of AEDPA is amended by striking
``, relating to terrorism,''.
(3) Section 106(a) (8 U.S.C. 1105a(a)), as amended
by sections 401(e) and 440(a) of AEDPA, is amended--
(A) by striking ``and'' at the end of
paragraph (8);
(B) by striking the period at the end of
paragraph (9) and inserting ``; and''; and
(C) in paragraph (10), by striking ``Any''
and inserting ``any''.
(4) Section 440(a) of the AEDPA is amended by
striking ``Section 106 of the Immigration and
Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to
read as follows:'' and inserting ``Section 106(a) of
the Immigration and Nationality Act (8 U.S.C. 1105a(a))
is amended by adding at the end the following:''.
(5) Section 440(g)(1)(A) of AEDPA is amended--
(A) by striking ``of this title''; and
(B) by striking the period after
``241(a)(2)(A)(i)''.
(6) Section 440(g) of AEDPA is amended by striking
paragraph (2).
(7) The amendments made by this subsection shall
take effect as if included in the enactment of subtitle
A of title IV of AEPDA.
(d) Striking References to Section 210A.--
(1)(A) Section 201(b)(1)(C) (8 U.S.C.
1151(b)(1)(C)) is amended by striking ``, 210A,''.
(B) Section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B))
is amended by striking ``, 210A(a),''.
(C) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), before
redesignation by section 305(a)(2) of this division, is
amended by striking subparagraph (F).
(2) Sections 204(c)(1)(D)(i) and 204(j)(4) of
Immigration Reform and Control Act of 1986 are each
amended by striking ``, 210A,''.
(e) Miscellaneous Changes in the Immigration and
Nationality Act.--
(1) Before being amended by section 308(a)(2) of
this division, the item in the table of contents
relating to section 242A is amended to read as follows:
``Sec. 242A. Expedited deportation of aliens convicted of committing
aggravated felonies.''.
(2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is
amended by striking ``, 321, and 322'' and inserting
``and 321''.
(3) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is
amended by inserting a comma after ``(4) thereof)''.
(4) Pursuant to section 6(b) of Public Law 103-272
(108 Stat. 1378)--
(A) section 214(f)(1) (8 U.S.C. 1184(f)(1))
is amended by striking ``section 101(3) of the
Federal Aviation Act of 1958'' and inserting
``section 40102(a)(2) of title 49, United
States Code''; and
(B) section 258(b)(2) (8 U.S.C. 1288(b)(2))
is amended by striking ``section 105 or 106 of
the Hazardous Materials Transportation Act (49
U.S.C. App. 1804, 1805)'' and inserting
``section 5103(b), 5104, 5106, 5107, or 5110 of
title 49, United States Code''.
(5) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A))
is amended by inserting a period after ``expended''.
(6) Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A))
is amended--
(A) by striking ``and'' at the end of
clause (iv);
(B) by moving clauses (v) and (vi) 2 ems to
the left;
(C) by striking ``; and'' in clauses (v)
and (vi) and inserting ``and for'';
(D) by striking the colons in clauses (v)
and (vi); and
(E) by striking the period at the end of
clause (v) and inserting ``; and''.
(7) Section 412(b) (8 U.S.C. 1522(b)) is amended by
striking the comma after ``is authorized'' in paragraph
(3) and after ``The Secretary'' in paragraph (4).
(f) Miscellaneous Change in the Immigration Act of 1990.--
Section 161(c)(3) of the Immigration Act of 1990 is amended by
striking ``an an'' and inserting ``of an''.
(g) Miscellaneous Changes in Other Acts.--
(1) Section 506(a) of the Intelligence
Authorization Act, Fiscal Year 1990 (Public Law 101-
193) is amended by striking ``this section'' and
inserting ``such section''.
(2) Section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, as
amended by section 505(2) of Public Law 103-317, is
amended--
(A) by moving the indentation of
subsections (f) and (g) 2 ems to the left; and
(B) in subsection (g), by striking ``(g)''
and all that follows through ``shall'' and
inserting ``(g) Subsections (d) and (e)
shall''.
DIVISION D--SMALL BUSINESS PROGRAMS IMPROVEMENT ACT
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Small Business Programs Improvement Act of 1996''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Administrator defined.
Sec. 3. Effective date.
TITLE I--AMENDMENTS TO SMALL BUSINESS ACT
Sec. 101. References.
Sec. 102. Risk management database.
Sec. 103. Section 7(a) loan program.
Sec. 104. Disaster loans.
Sec. 105. Microloan demonstration program.
Sec. 106. Small business development center program.
Sec. 107. Miscellaneous authorities to provide loans and other financial
assistance.
Sec. 108. Small business competitiveness demonstration program.
Sec. 109. Amendment to Small Business Guaranteed Credit Enhancement Act
of 1993.
Sec. 110. STTR program extension.
Sec. 111. Level of participation for export working capital loans.
TITLE II--AMENDMENTS TO SMALL BUSINESS INVESTMENT ACT
Sec. 201. References.
Sec. 202. Modifications to development company debenture program.
Sec. 203. Required actions upon default.
Sec. 204. Loan liquidation pilot program.
Sec. 205. Registration of certificates.
Sec. 206. Preferred surety bond guarantee program.
Sec. 207. Sense of the Congress.
Sec. 208. Small business investment company improvements.
SEC. 2. ADMINISTRATOR DEFINED.
For purposes of this Act, the term ``Administrator''
means the Administrator of the Small Business Administration.
SEC. 3. EFFECTIVE DATE.
Except as otherwise expressly provided, this Act and the
amendments made by this Act shall take effect on October 1,
1996.
TITLE I--AMENDMENTS TO SMALL BUSINESS ACT
SEC. 101. REFERENCES.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of the Small Business Act (15 U.S.C. 631 et seq.).
SEC. 102. RISK MANAGEMENT DATABASE.
Section 4(b) (15 U.S.C. 633) is amended by inserting
after paragraph (2) the following:
``(3) Risk management database.--
``(A) Establishment.--The Administration
shall establish, within the management system
for the loan programs authorized by subsections
(a) and (b) of section 7 of this Act and title
V of the Small Business Investment Act of 1958,
a management information system that will
generate a database capable of providing timely
and accurate information in order to identify
loan underwriting, collections, recovery, and
liquidation problems.
``(B) Information to be maintained.--In
addition to such other information as the
Administration considers appropriate, the
database established under subparagraph (A)
shall, with respect to each loan program
described in subparagraph (A), include
information relating to--
``(i) the identity of the
institution making the guaranteed loan
or issuing the debenture;
``(ii) the identity of the
borrower;
``(iii) the total dollar amount of
the loan or debenture;
``(iv) the total dollar amount of
government exposure in each loan;
``(v) the district of the
Administration in which the borrower
has its principal office;
``(vi) the principal line of
business of the borrower, as identified
by Standard Industrial Classification
Code (or any successor to that system);
``(vii) the delinquency rate for
each program (including number of
instances and days overdue);
``(viii) the number and amount of
repurchases, losses, and recoveries in
each program;
``(ix) the number of deferrals or
forbearances in each program (including
days and number of instances);
``(x) comparisons on the basis of
loan program, lender, Administration
district and region, for all the data
elements maintained; and
``(xi) underwriting characteristics
of each loan that has entered into
default, including term, amount and
type of collateral, loan-to-value and
other actual and projected ratios, line
of business, credit history, and type
of loan.
``(C) Deadline for operational
capability.--The database established under
subparagraph (A) shall--
``(i) be operational not later than
June 30, 1997; and
``(ii) capture data beginning on
the first day of the second quarter of
fiscal year 1997 beginning after such
date and thereafter.''.
SEC. 103. SECTION 7(A) LOAN PROGRAM.
(a) Servicing and Liquidation of Loans by Preferred
Lenders.--Section 7(a)(2)(C)(ii)(II) (15 U.S.C.
636(a)(2)(C)(ii)(II)) is amended to read as follows:
``(II) complete authority
to service and liquidate such
loans without obtaining the
prior specific approval of the
Administration for routine
servicing and liquidation
activities, but shall not take
any actions creating an actual
or apparent conflict of
interest.''.
(b) Certified Lenders Program.--Section 7(a)(19) (15
U.S.C. 636(a)(19)) is amended by adding at the end the
following new subparagraph:
``(C) Authority to liquidate loans.--
``(i) In general.--The
Administrator may permit lenders
participating in the Certified Lenders
Program to liquidate loans made with a
guarantee from the Administration
pursuant to a liquidation plan approved
by the Administrator.
``(ii) Automatic approval.--If the
Administrator does not approve or deny
a request for approval of a liquidation
plan within 10 business days of the
date on which the request is made (or
with respect to any routine liquidation
activity under such a plan, within 5
business days) such request shall be
deemed to be approved.''.
(c) Limitation on Conducting Pilot Projects.--Section
7(a) (15 U.S.C. 636(a)) is amended by adding at the end the
following new paragraph:
``(25) Limitation on conducting pilot projects.--
``(A) In general.--Not more than 10 percent
of the total number of loans guaranteed in any
fiscal year under this subsection may be
awarded as part of a pilot program which is
commenced by the Administrator on or after
October 1, 1996.
``(B) Pilot program defined.--In this
paragraph, the term `pilot program' means any
lending program initiative, project,
innovation, or other activity not specifically
authorized by law.
``(C) Low documentation loan program.--The
Administrator may carry out the low
documentation loan program for loans of
$100,000 or less only through lenders with
significant experience in making small business
loans. Not later than 90 days after the date of
enactment of this subsection, the Administrator
shall promulgate regulations defining the
experience necessary for participation as a
lender in the low documentation loan
program.''.
(d) Calculation of Subsidy Rate.--Section 7(a) (15 U.S.C.
636(a)) is amended by adding at the end the following new
paragraph:
``(26) Calculation of subsidy rate.--All fees,
interest, and profits received and retained by the
Administration under this subsection shall be included
in the calculations made by the Director of the Office
of Management and Budget to offset the cost (as that
term is defined in section 502 of the Federal Credit
Reform Act of 1990) to the Administration of purchasing
and guaranteeing loans under this Act.''.
(e) Sale of Unguaranteed Portions of SBA Loans.--Section
5(f)(3) (15 U.S.C. 634(f)(3)) is amended by adding at the end
the following: ``Beginning on March 31, 1997, the sale of the
unguaranteed portion of any loan made under section 7(a) shall
not be permitted until a final regulation that applies
uniformly to both depository institutions and other lenders is
promulgated by the Administration setting forth the terms and
conditions under which such sales can be permitted, including
maintenance of appropriate reserve requirements and other
safeguards to protect the safety and soundness of the
program.''.
(f) Conditions on Purchase of Loans.--Section 7(a)(4) (15
U.S.C. 636(a)(4)) is amended--
(1) by striking ``(4) Notwithstanding'' and
inserting the following:
``(4) Interest rates and fees.--
``(A) Interest rates.--Notwithstanding'';
and
(2) by adding at the end the following new
subparagraph:
``(B) Payment of accrued interest.--
``(i) In general.--Any bank or
other lending institution making a
claim for payment on the guaranteed
portion of a loan made under this
subsection shall be paid the accrued
interest due on the loan from the
earliest date of default to the date of
payment of the claim at a rate not to
exceed the rate of interest on the loan
on the date of default, minus one
percent.
``(ii) Loans sold on secondary
market.--If a loan described in clause
(i) is sold on the secondary market,
the amount of interest paid to a bank
or other lending institution described
in that clause from the earliest date
of default to the date of payment of
the claim shall be no more than the
agreed upon rate, minus one percent.''.
(g) Plan for Transfer of Loan Servicing Functions to
Centralized Centers.--
(1) Implementation plan required.--The
Administrator shall submit a detailed plan for
completing the consolidation, in one or more
centralized centers, of the performance of the various
functions relating to the servicing of loans directly
made or guaranteed by the Administration pursuant to
the Small Business Act, addressing the matters
described in paragraph (2) by the deadline specified in
paragraph (3).
(2) Contents of plan.--In addition to such other
matters as the Administrator may deem appropriate, the
plan required by paragraph (1) shall include--
(A) the proposed number and location of
such centralized loan servicing centers;
(B) the proposed workload (identified by
type and numbers of loans and their
geographicorigin by the Small Business Administration district office)
and staffing of each such center;
(C) a detailed, time-phased plan for the
transfer of the identified loan servicing
functions to each proposed center; and
(D) any identified impediments to the
timely execution of the proposed plan
(including adequacy of available financial
resources, availability of needed personnel,
facilities, and related equipment) and the
recommendations of the Administrator for
addressing such impediments.
(3) Deadline for submission.--Not later than
February 28, 1997, the plan required by paragraph (1)
shall be submitted to the Committees on Small Business
of the House of Representatives and Senate.
(h) Preferred Lender Standard Review Program.--Not later
than 90 days after the date of enactment of this Act, the
Administrator shall commence a standard review program for the
Preferred Lender Program established by section 5(b)(7) of the
Small Business Act (15 U.S.C. 634(b)(7)), which shall include
annual or more frequent assessments of the participation of the
lender in the program, including defaults, loans, and
recoveries of loans made by that lender under the authority of
this section. The Administrator shall require such standard
review for each new entrant to the Preferred Lender Program.
(i) Independent Study of Loan Programs.--
(1) Study required.--The Administrator shall
contract with one or more private sector parties to
conduct a comprehensive assessment of the performance
of the loan programs authorized by section 7(a) of the
Small Business Act (15 U.S.C. 636(a)) and title V of
the Small Business Investment Act of 1958 (15 U.S.C.
661) addressing the matters described in paragraph (2)
and resulting in a report to the Congress pursuant to
paragraph (5).
(2) Matters to be assessed.--In addition to such
other matters as the Administrator considers
appropriate, the assessment required by paragraph (1)
shall address, with respect to each loan program
described in paragraph (1) for each of the fiscal years
described in paragraph (3)--
(A) the number and frequency of deferrals
and defaults;
(B) default rates;
(C) comparative loss rate, by--
(i) type of lender (separately
addressing preferred lenders, certified
lenders, and general participation
lenders);
(ii) term of the loan;
(iii) dollar value of the loan at
disbursement; and
(iv) underwriting characteristics
of each loan that has entered into
default, including term, amount and
type of collateral, loan-to-value and
other actual and projected ratios, line
of business, credit history, and type
of loan; and
(D) the economic models used by the Office
of Management and Budget to calculate the
credit subsidy rate applicable to the loan
programs.
(3) Period of assessment.--The assessments
undertaken pursuant to paragraph (2) shall address data
for the period beginning with fiscal year 1986 of each
loan program described in paragraph (1).
(4) Access to information.--The Administrator shall
provide to the contractor access to any information
collected by or available to the Administration with
regard to the loan programs being assessed. The
contactor shall preserve the confidentiality of any
information for which confidentiality is protected by
law or properly asserted by the person submitting such
information.
(5) Contract funding.--The Administrator shall fund
the cost of the contract from the amounts appropriated
for the salaries and expenses of the Administration for
fiscal year 1997.
(6) Report to the congress.--
(A) Contents.--The contractor shall prepare
a report of--
(i) its analyses of the matters to
be assessed pursuant to paragraph (2);
and
(ii) its independent
recommendations for improving program
performance with respect to each loan
program, regarding--
(I) improving the timely
collection and subsequent
management by the
Administration of data to
measure the performance of each
loan program described in
paragraph (1); and
(II) reducing loss rates
for and improving the
performance of each such loan
program.
(B) Submission to the congress.--Not later
than June 30, 1997, the Administrator shall
submit the report prepared under subparagraph (A) to the Committees on
Small Business of the House of Representatives and the Senate. The
Administrator shall append his comments, and those of the Office of
Management and Budget, if any, to the report.
SEC. 104. DISASTER LOANS.
(a) Private Sector Loan Servicing Demonstration
Program.--
(1) In general.--
(A) Demonstration program required.--
Notwithstanding any other provision of law, the
Administration shall conduct a demonstration
program, within the parameters described in
paragraph (2), to evaluate the comparative
costs and benefits of having the
Administration's portfolio of disaster loans
serviced under contract rather than directly by
employees of the Administration. All costs of
the demonstration program shall be paid from
amounts made available for the Salaries and
Expenses Account of the Administration.
(B) Initiation date.--Not later than 90
days after the date of enactment of this Act,
the Administration shall issue a request for
proposals for the program parameters described
in paragraph (2).
(2) Demonstration program parameters.--
(A) Loan sample.--The sample of loans for
the demonstration program shall be randomly
drawn from the Administration's portfolio of
loans made pursuant to section 7(b) of the
Small Business Act and shall include a
representative group of not less than 30
percent of all loans for residential
properties, including 30 percent of all loans
made during the demonstration program after the
date of enactment of this Act, which loans
shall be selected by the Administration on the
basis of geographic distribution and such other
factors as the Administration determines to be
appropriate.
(B) Contract and options.--The
Administration shall solicit and competitively
award one or more contracts to service the
loans included in the sample of loans described
in subparagraph (A) for a term of not less than
one year, with 3 one-year contract renewal
options, each of which shall be exercised by
the Administration unless the Administration
terminates the contractor or contractors for
good cause.
(3) Term of demonstration program.--The
demonstration program shall commence not later than
October 1, 1997.
(4) Reports.--
(A) Interim reports.--Not later than 120
days before the expiration of the initial 4-
year contract performance period, the
Administrator shall submit to the Committees on
Small Business of the House of Representatives
and the Senate an interim report on the conduct
of the demonstration program. The contractor
shall be afforded a reasonable opportunity to
attach comments to each such report.
(B) Final report.--Not later than 120 days
after the termination of the demonstration
program, the Administrator shall submit to the
Committees on Small Business of the House of
Representatives and the Senate a final report
on the performance of the demonstration
program, together with the recommendations of
the Administrator for continuation,
termination, or modification of the
demonstration program.
(b) Definition of Disaster.--
(1) In general.--Section 3(k) (15 U.S.C. 632(k)) is
amended by inserting ``commercial fishery failures or
fishery resource disasters (as determined by the
Secretary of Commerce under section 308(b) of the
Interjurisdictional Fisheries Act of 1986),'' after
``tidal waves,''.
(2) Effective date.--The amendment made by
paragraph (1) shall be effective with respect to any
disaster occurring on or after March 1, 1994.
SEC. 105. MICROLOAN DEMONSTRATION PROGRAM.
Section 7(m)(7)(B) (15 U.S.C. 636(m)(4)) is amended by
adding at the end the following: ``If, however, at the
beginning of the fourth quarter of a fiscal year the
Administration determines that a portion of appropriated
microloan funds are unlikely to be awarded during that year,
the Administration may make additional funds available to a
State in excess of 125 percent of the pro rata share of that
State.''.
SEC. 106. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM.
(a) Associate Administrator for Small Business
Development Centers.--
(1) Duties.--Section 21(h) (15 U.S.C. 648(h)) is
amended to read as follows:
``(h) Associate Administrator for Small Business
Development Centers.--
``(1) Appointment and compensation.--The
Administrator shall appoint an Associate Administrator
for Small Business Development Centers who shall report
to an official who is not more than one level below the
Office of the Administrator and who shall serve without
regard to the provisions of title 5, governing
appointments in the competitive service, and without
regard to chapter 51, and subchapter III of chapter 53
of such title relating to classification and General
Schedule pay rates, but at a rate not less than the
rate of GS-17 of the General Schedule.
``(2) Duties.--
``(A) In general.--The sole responsibility
of the Associate Administrator for Small
Business Development Centers shall be to
administer the small business development
center program. Duties of the position shall
include recommending the annual program budget,
reviewing the annual budgets submitted by each
applicant, establishing appropriate funding
levels therefore, selecting applicants to
participate in this program, implementing the
provisions of this section, maintaining a
clearinghouse to provide for the dissemination
and exchange of information between small
business development centers and conducting
audits of recipients of grants under this
section.
``(B) Consultation requirements.--In
carrying out the duties described in this
subsection, the Associate Administrator shall
confer with and seek the advice of the Board
established by subsection (i) and
Administration officials in areas served by the
small business development centers; however,
the Associate Administrator shall be
responsible for the management and
administration of the program and shall not be
subject to the approval or concurrence of such
Administration officials.''.
(2) References to associate administrator.--Section
21 (15 U.S.C. 648) is amended--
(A) in subsection (c)(7), by striking
``Deputy Associate Administrator of the Small
Business Development Center program'' and
inserting ``Associate Administrator for Small
Business Development Centers''; and
(B) in subsection (i)(2), by striking
``Deputy Associate Administrator for Management
Assistance'' and inserting ``Associate
Administrator for Small Business Development
Centers''.
(b) Extension or Renewal of Cooperative Agreements.--
Section 21(k)(3) (15 U.S.C. 648(k)(3)) is amended to read as
follows:
``(3) Extension or renewal of cooperative
agreements.--
``(A) In general.--In extending or renewing
a cooperative agreement of a small business
development center, the Administration shall
consider the results of the examination and
certification program conducted pursuant to
paragraphs (1) and (2).
``(B) Certification requirement.--After
September 30, 2000, the Administration may not
renew or extend any cooperative agreement with
a small business development center unless the
center has been approved under the
certification program conducted pursuant to
this subsection, except that the Associate
Administrator for Small Business Development
Centers may waive such certification
requirement, in the discretion of the Associate
Administrator, upon a showing that the center
is making a good faith effort to obtain
certification.''.
(c) Technical Correction.--Section 21(l) (15 U.S.C.
648(l)) is amended to read as follows:
``(l) Contract Authority.--The authority to enter into
contracts shall be in effect for each fiscal year only to the
extent and in the amounts as are provided in advance in
appropriations Acts. After the administration has entered a
contract, either as a grant or a cooperative agreement, with
any applicant under this section, it shall not suspend,
terminate, or fail to renew or extend any such contract unless
the Administration provides the applicant with written
notification setting forth the reasons therefore and affording
the applicant an opportunity for a hearing, appeal, or other
administrative proceeding under the provisions of chapter 5 of
title 5, United States Code.''.
SEC. 107. MISCELLANEOUS AUTHORITIES TO PROVIDE LOANS AND OTHER
FINANCIAL ASSISTANCE.
(a) Funding Limitation; Seminars.--Section 7(d) (15
U.S.C. 636(d)) is amended--
(1) by striking ``(d)(1)'' and inserting ``(d)'';
and
(2) by striking paragraph (2).
(b) Trade Adjustment Loans.--Section 7(e) (15 U.S.C.
636(e)) is amended to read as follows:
``(e) [RESERVED].''.
(c) Waiver of Credit Elsewhere Test for Colleges and
Universities.--Section 7(f) (15 U.S.C. 636(f)) is amended to
read as follows:
``(f) [RESERVED].''.
(d) Loans to Small Business Concerns for Solar Energy and
Energy Conservation Measures.--Section 7(l) (15 U.S.C. 636(l))
is amended to read as follows:
``(l) [RESERVED].''.
SEC. 108. SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM.
(a) Extension of Demonstration Program.--
(1) In general.--Section 711(c) of the Small
Business Competitiveness Demonstration Program Act of
1988 (15 U.S.C. 644 note; 102 Stat. 3890) is amended by
striking ``September 30, 1996'' and inserting
``September 30, 1997''.
(2) Repeal.--Section 717(f) of the Small Business
Competitiveness Demonstration Program Act of 1988 (15
U.S.C. 644 note) is repealed.
(b) Reporting of Subcontract Participation in Contracts
for Architectural and Engineering Services.--Section 714(b)(5)
of the Small Business Competitiveness Demonstration Program Act
of 1988 (15 U.S.C. 644 note; 102 Stat. 3892) is amended to read
as follows:
``(5) Duration.--The system described in subsection
(a) shall be established not later than October 1, 1996
(or as soon as practicable thereafter on the first day
of a subsequent quarter of fiscal year 1997), and shall
terminate on September 30, 1997.''.
(c) Reports to the Congress.--
(1) In general.--Section 716 of the Small Business
Competitiveness Demonstration Program Act of 1988 (15
U.S.C. 644 note; 102 Stat. 3893) is amended--
(A) in subsection (a), by striking ``fiscal
year 1991 and 1995'' and inserting ``each of
fiscal years 1991 through 1996'';
(B) in subsection (b), by striking
``results'' and inserting ``cumulative
results''; and
(C) in subsection (c), by striking ``1996''
and inserting ``1997''.
(2) Cumulative report through fiscal year 1995.--A
cumulative report of the results of the Small Business
Competitiveness Demonstration Program for fiscal years
1991 through 1995 shall be submitted not later than
February 28, 1997 pursuant to section 716(a) of the
Small Business Competitiveness Demonstration Program
Act of 1988 (15 U.S.C. 644 note; 102 Stat. 3893), as
amended by paragraph (1) of this subsection.
SEC. 109. AMENDMENT TO SMALL BUSINESS GUARANTEED CREDIT ENHANCEMENT ACT
OF 1993.
(a) In general.--Section 7 of the Small Business
Guaranteed Credit Enhancement Act of 1993 (Public Law 103-81;
15 U.S.C. 634 note) is repealed effective September 29, 1996.
(b) Clerical Amendment.--The table of contents for the
Small Business Guaranteed Credit Enhancement Act of 1993
(Public Law 103-81; 15 U.S.C. 631 note) is amended by striking
the item relating to section 7.
SEC. 110. STTR PROGRAM EXTENSION.
Section 9(n)(1)(C) (15 U.S.C. 638(n)(1)(C)) is amended by
striking ``fiscal year 1996'' and inserting ``fiscal years 1996
and 1997''.
SEC. 111. LEVEL OF PARTICIPATION FOR EXPORT WORKING CAPITAL LOANS.
Section 7(A)(2) (15 U.S.C. 636(A)(2)) is amended by
adding at the end the following:
``(D) Participation under export working
capital program.--Notwithstanding subparagraph
(A), in an agreement to participate in a loan
on a deferred basis under the Export Working
Capital Program established pursuant to
paragraph (14)(A), such participation by the
Administration shall not exceed 90 percent.''.
TITLE II--AMENDMENTS TO SMALL BUSINESS INVESTMENT ACT
SEC. 201. REFERENCES.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of the Small Business Investment Act of 1958 (15
U.S.C. 661 et seq.).
SEC. 202. MODIFICATIONS TO DEVELOPMENT COMPANY DEBENTURE PROGRAM.
(a) Decreased Loan to Value Ratios.--Section 502(3) (15
U.S.C. 696(3)) is amended to read as follows:
``(3) Criteria for assistance.--
``(A) In general.--Any development company
assisted under this section or section 503 of
this title must meet the criteria established
by the Administration, including the extent of
participation to be required or amount of paid-
in capital to be used in each instance as is
determined to be reasonable by the
Administration.
``(B) Community injection funds.--
``(i) Sources of funds.--Community
injection funds may be derived, in
whole or in part, from--
``(I) State or local
governments;
``(II) banks or other
financial institutions;
``(III) foundations or
other not-for-profit
institutions; or
``(IV) the small business
concern (or its owners,
stockholders, or affiliates)
receiving assistance through a
body authorized by this title.
``(ii) Funding from institutions.--
Not less than 50 percent of the total
cost of any project financed pursuant
to clauses (i), (ii), or (iii) of
subparagraph (C) shall come from the
institutions described in subclauses
(I), (II), and (III) of clause (i).
``(C) Funding from a small business
concern.--The small business concern (or its
owners, stockholders, or affiliates) receiving
assistance through a body authorized by this
title shall provide--
``(i) at least 15 percent of the
total cost of the project financed, if
the small business concern has been in
operation for a period of 2 years or
less;
``(ii) at least 15 percent of the
total cost of the project financed if
the project involves the construction
of a limited or single purpose building
or structure;
``(iii) at least 20 percent of the
total cost of the project financed if
the project involves both of the
conditions set forth in clauses (i) and
(ii); or
``(iv) at least 10 percent of the
total cost of the project financed, in
all other circumstances, at the
discretion of the development
company.''.
(b) Guarantee Fee for Development Company Debentures.--
Section 503(b)(7)(A) (15 U.S.C. 697(b)(7)(A)) is amended by
striking ``equal to 0.125 percent'' and all that follows before
the semicolon and inserting the following: ``equal to the
lesser of--
``(i) 0.9375 percent per year of
the outstanding balance of the loan; or
``(ii) such percentage per year of
the outstanding balance of the loan as
the Administrator may determine to be
necessary to reduce the cost (as that
term is defined in section 502 of the
Federal Credit Reform Act of 1990) to
the Administration of purchasing and
guaranteeing debentures under this Act
to an amount that, taking into
consideration any available
appropriated funds, would permit the
Administration to purchase or guarantee
$2,000,000,000 of debentures in fiscal
year 1997''.
(c) Fees To Offset Subsidy Cost.--Section 503(d) (15
U.S.C. 697(d)) is amended to read as follows:
``(d) Charges for Administration Expenses.--
``(1) Level of charges.--The Administration may
impose an additional charge for administrative expenses
with respect to each debenture for whichpayment of
principal and interest is guaranteed under subsection (a).
``(2) Participation fee.--The Administration shall
collect a one-time fee in an amount equal to 50 basis
points on the total participation in any project of any
institution described in subclause (I), (II), or (III)
of section 502(3)(B)(i). Such fee shall be imposed only
when the participation of the institution will occupy a
senior credit position to that of the development
company. All proceeds of the fee shall be used to
offset the cost (as that term is defined in section 502
of the Credit Reform Act of 1990) to the Administration
of making guarantees under subsection (a).
``(3) Development company fee.--The Administration
shall collect annually from each development company a
fee of 0.125 percent of the outstanding principal
balance of any guaranteed debenture authorized by the
Administration after September 30, 1996. Such fee shall
be derived from the servicing fees collected by the
development company pursuant to regulation, and shall
not be derived from any additional fees imposed on
small business concerns. All proceeds of the fee shall
be used to offset the cost (as that term is defined in
section 502 of the Credit Reform Act of 1990) to the
Administration of making guarantees under subsection
(a).''.
(d) Effective Date.--Section 503 (15 U.S.C. 697) is
amended by adding at the end the following new subsection:
``(f) Effective Date.--The fees authorized by subsections
(b) and (c) shall apply to financings approved by the
Administration on or after October 1, 1996, but shall not apply
to financings approved by the Administration on or after
October 1, 1997.''.
(e) Calculation of Subsidy Rate.--Section 503 (15 U.S.C.
697a) is amended by adding at the end the following new
subsection:
``(g) Calculation of Subsidy Rate.--All fees, interest,
and profits received and retained by the Administration under
this section shall be included in the calculations made by the
Director of the Office of Management and Budget to offset the
cost (as that term is defined in section 502 of the Federal
Credit Reform Act of 1990) to the Administration of purchasing
and guaranteeing debentures under this Act.''.
SEC. 203. REQUIRED ACTIONS UPON DEFAULT.
Section 503 (15 U.S.C. 697) is amended by adding at the
end the following new subsection:
``(h) Required Actions Upon Default.--
``(1) Initial actions.--Not later than the 45th day
after the date on which a payment on a loan funded
through a debenture guaranteed under this section is
due and not received, the Administration shall--
``(A) take all necessary steps to bring
such a loan current; or
``(B) implement a formal written deferral
agreement.
``(2) Purchase or acceleration of debenture.--Not
later than the 65th day after the date on which a
payment on a loan described in paragraph (1) is due and
not received, and absent a formal written deferral
agreement, the administration shall take all necessary
steps to purchase or accelerate the debenture.
``(3) Prepayment penalties.--With respect to the
portion of any project derived from funds set forth in
section 502(3), the Administration--
``(A) shall negotiate the elimination of
any prepayment penalties or late fees on
defaulted loans made prior to September 30,
1996;
``(B) shall not pay any prepayment penalty
or late fee on the default based purchase of
loans issued after September 30, 1996; and
``(C) for any project financed after
September 30, 1996, shall not pay any default
interest rate higher than the interest rate on
the note prior to the date of default.''.
SEC. 204. LOAN LIQUIDATION PILOT PROGRAM.
(a) In General.--The Administrator shall carry out a loan
liquidation pilot program (in this section referred to as the
``pilot program'') in accordance with the requirements of this
section.
(b) Selection of Development Companies.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Administrator
shall establish a pilot program under which certain
development companies authorized to make loans and
issue debentures under title V of the Small Business
Investment Act of 1958 are selected by the
Administrator in accordance with this subsection to
carry out loan liquidations.
(2) Conflicts of interest.--The development
companies selected under paragraph (1) shall agree not
to take any action that would create a potential
conflict of interest involving the development company,
the third party lender, or an associate of the third
party lender.
(3) Qualifications.--In order to qualify to
participate in the pilot program under this section,
each development company shall--
(A) have not less than 6 years of
experience in the program established by title
V of the Small Business Investment Act of 1958;
(B) have made, during the 6 most recent
fiscal years, an average of not less than 10
loans per year through the program established
by such title V of the Small Business
Investment Act of 1958;
(C) have not less than 2 years of
experience in liquidating loans under the
authority of a Federal, State, or other lending
program; and
(D) meet such other requirements as the
Administration may establish.
(c) Authority of Development Companies.--The development
companies selected under subsection (b) shall, for loans in
their portfolio of loans made through debentures guaranteed
under title V of the Small Business Investment Act of 1958 that
are in default after the date of enactment of this Act, be
authorized to--
(1) perform all liquidation and foreclosure
functions, including the acceleration or purchase of
community injection funds, subject to such company
obtaining prior written approval from the Administrator
before committing the agency to purchase any other
indebtedness secured by the property: Provided, That
the Administrator shall approve or deny a request for
such purchase within a period of 10 business days; and
(2) liquidate such loans in a reasonable and sound
manner and according to commercially accepted practices
pursuant to a liquidation plan approved by the
Administrator in advance of its implementation. If the
Administrator does not approve or deny a request for
approval of a liquidation plan within 10 business days
of the date on which the request is made (or with
respect to any routine liquidation activity under such
a plan, within 5 business days) such request shall be
deemed to be approved.
(d) Authority of the Administrator.--In carrying out the
pilot program, the Administrator shall--
(1) have full authority to rescind the authority
granted any development company under this section upon
a 10-day written notice stating the reasons for the
rescission; and
(2) not later than 90 days after the admission of
the development companies specified in subsection (b),
implement the pilot program.
(e) Report.--
(1) In general.--The Administrator shall issue a
report on the results of the pilot program to the
Committees on Small Business of the House of
Representatives and the Senate. The report shall
include information relating to--
(A) the total dollar amount of each loan
and project liquidated;
(B) the total dollar amount guaranteed by
the Administration;
(C) total dollar losses;
(D) total recoveries both as percentage of
the amount guaranteed and the total cost of the
project; and
(E) a comparison of the pilot program
information with the same information for
liquidation conducted outside the pilot program
over the period of time.
(2) Reporting period.--The report shall be based on
data from, and issued not later than 90 days after the
close of, the first eight fiscal quarters of the pilot
program's operation after the date of implementation.
SEC. 205. REGISTRATION OF CERTIFICATES.
(a) Certificates Sold Pursuant to Small Business Act.--
Section 5(h) of the Small Business Act (15 U.S.C. 634(h)) is
amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D);
(2) by striking ``(h)'' and inserting ``(h)(1)'';
(3) by striking subparagraph (A), as redesignated
by paragraph (1) of this subsection, and inserting the
following:
``(A) provide for a central registration of
all loans and trust certificates sold pursuant
to subsections (f) and (g) of this section;'';
and
(4) by adding at the end the following:
``(2) Nothing in this subsection shall prohibit the
utilization of a book-entry or other electronic form of
registration for trust certificates. The Administration
may, with the consent of the Secretary of the Treasury,
use the book-entry system of the Federal Reserve
System.''.
(b) Certificates Sold Pursuant to Small Business
Investment Company Program.--Section 321(f) (15 U.S.C. 687l(f))
is amended--
(1) in paragraph (1), by striking ``Such central
registration shall include'' and all that follows
through the period at the end of the paragraph; and
(2) by adding at the end the following:
``(5) Nothing in this subsection shall prohibit the
use of a book-entry or other electronic form of
registration for trust certificates.''.
(c) Certificates Sold Pursuant to Development Company
Program.--Section 505(f) (15 U.S.C. 697b(f)) is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D);
(2) by striking ``(f)'' and inserting ``(f)(1)'';
(3) by striking paragraph (A), as redesignated by
paragraph (1) of this subsection, and inserting the
following:
``(A) provide for a central registration of
all trust certificates sold pursuant to this
section;'' and
``(4) by adding at the end the following:
``(2) Nothing in this subsection shall prohibit the
utilization of a book-entry or other electronic form of
registration for trust certificates.''.
SEC. 206. PREFERRED SURETY BOND GUARANTEE PROGRAM.
(a) Admission of Additional Program Participants.--
Section 411(a) (15 U.S.C. 694(a)) is amended by adding a new
paragraph (5), as follows:
``(5)(A) The Administration shall promptly act upon
an application from a surety to participate in the
Preferred Surety Bond Guarantee Program, authorized by
paragraph (3), in accordance with criteria and
procedures established in regulations pursuant to
subsection (d).
``(B) The Administration is authorized to reduce
the allotment of bond guarantee authority or terminate
the participation of a surety in the Preferred Surety
Program Guarantee Program based on the rate of
participation of such surety during the 4 most recent
fiscal year quarters compared to the median rate of
participation by the other sureties in the program.''.
(b) Effective Date.--The amendments made by subsection
(a) shall apply with respect to applications received (or
pending substantive evaluation) on or after October 1, 1995.
SEC. 207. SENSE OF THE CONGRESS.
(a) In General.--It is the sense of the Congress that the
subsidy models prepared by the Office of Management and Budget
relative to loan programs sponsored by the United States Small
Business Administration have a tendency to--
(1) overestimate potential risk of loss; and
(2) overemphasize historical losses that may be
anomalous and do not truly reflect the success of the
programs as a whole.
(b) Independent Study.--Consequently, the Congress
mandates the independent study in section 103(h) in an attempt
to improve the ability of the Office of Management and Budget
to reflect more accurately the budgetary implications of such
programs.
SEC. 208. SMALL BUSINESS INVESTMENT COMPANY IMPROVEMENTS.
(a) Definitions.--
(1) Small Business Concern.--Section 103(5) (15
U.S.C. 662(5)) is amended by inserting before the
semicolon the following: ``, except that, for purposes
of this Act, an investment by a venture capital firm,
investment company (including a small business
investment company) employee welfare benefit plan or
pension plan, or trust, foundation, or endowment that
is exempt from Federal income taxation--
``(A) shall not cause a business concern to
be deemed not independently owned and operated;
``(B) shall be disregarded in determining
whether a business concern satisfies size
standards established pursuant to section
3(a)(2) of the Small Business Act; and
``(C) shall be disregarded in determining
whether a small business concern is a smaller
enterprise''.
(2) Private capital.--Section 103(9) (15 U.S.C.
662(9)) is amended to read as follows:
``(9) the term `private capital'--
``(A) means the sum of--
``(i) the paid-in capital and paid-
in surplus of a corporate licensee, the
contributed capital of the partners of
a partnership licensee, or the equity
investment of the members of a limited
liability company licensee; and
``(ii) unfunded binding
commitments, from investors that meet
criteria established by the
Administrator, to contribute capital to
the licensee: Provided, That such
unfunded commitments may be counted as
private capital for purposes of
approval by the Administrator of any
request for leverage, but leverage
shall not be funded based on such
commitments; and
``(B) does not include any--
``(i) funds borrowed by a licensee
from any source;
``(ii) funds obtained through the
issuance of leverage; or
``(iii) funds obtained directly or
indirectly from any Federal, State, or
local government, or any government
agency or instrumentality, except for--
``(I) funds invested by an
employee welfare benefit plan
or pension plan; and
``(II) any qualified
nonprivate funds (if the
investors of the qualified
nonprivate funds do not
control, directly or
indirectly, the management,
board of directors, general
partners, or members of the
licensee);''.
(3) New definitions.--Section 103 (15 U.S.C. 662)
is amended by striking paragraph (10) and inserting the
following:
``(10) the term `leverage' includes--
``(A) debentures purchased or guaranteed by
the Administration;
``(B) participating securities purchased or
guaranteed by the Administration; and
``(C) preferred securities outstanding as
of October 1, 1995;
``(11) the term `third party debt' means any
indebtedness for borrowed money, other than
indebtedness owed to the Administration;
``(12) the term `smaller enterprise' means any
small business concern that, together with its
affiliates--
``(A) has--
``(i) a net financial worth of not
more than $6,000,000, as of the date on
which assistance is provided under this
Act to that business concern; and
``(ii) an average net income for
the 2-year period preceding the date on
which assistance is provided under this
Act to that business concern, of not
more than $2,000,000, after Federal
income taxes (excluding any carryover
losses); or
``(B) satisfies the standard industrial
classification size standards established by
the Administration for the industry in which
the small business concern is primarily
engaged;
``(13) the term `qualified nonprivate funds' means
any--
``(A) funds directly or indirectly invested
in any applicant or licensee on or before
August 16, 1982, by any Federal agency, other
than the Administration, under a provision of
law explicitly mandating the inclusion of those
funds in the definition of the term `private
capital';
``(B) funds directly or indirectly invested
in any applicant or licensee by any Federal
agency under a provision of law enacted after
September 4, 1992, explicitly mandating the
inclusion of those funds in the definition of
the term `private capital'; and
``(C) funds invested in any applicant or
licensee by one or more State or local
government entities (including any guarantee
extended by those entities) in an aggregate
amount that does not exceed 33 percent of the
private capital of the applicant or licensee;
``(14) the terms `employee welfare benefit plan'
and `pension plan' have the same meanings as in section
3 of the Employee Retirement Income Security Act of
1974, and are intended to include--
``(A) public and private pension or
retirement plans subject to such Act; and
``(B) similar plans not covered by such Act
that have been established and that are
maintained by the Federal Government or any
State or political subdivision, or any agency
or instrumentality thereof, for the benefit of
employees;
``(15) the term `member' means, with respect to a
licensee that is a limited liability company, a holder
of an ownership interest or a person otherwise admitted
to membership in the limited liability company; and
``(16) the term `limited liability company' means a
business entity that is organized and operating in
accordance with a State limited liability company
statute approved by the Administration.''.
(b) Organization of Small Business Investment
Companies.--
(1) Limited liability companies.--Section 301(a)
(15 U.S.C. 681(a)) is amended in the first sentence, by
striking ``body or'' and inserting ``body, a limited
liability company, or''
(2) Issuance of license.--Section 301(c) (15 U.S.C.
681(c)) is amended to read as follows:
``(c) Issuance of License.--
``(1) Submission of application.--Each applicant
for a license to operate as a small business investment
company under this Act shall submit to the
Administrator an application, in a form and including
such documentation as may be prescribed by the
Administrator.
``(2) Procedures.--
``(A) Status.--Not later than 90 days after
the initial receipt by the Administrator of an
application under this subsection, the
Administrator shall provide the applicant with
a written report detailing the status of the
application and any requirements remaining for
completion of the application.
``(B) Approval or disapproval.--Within a
reasonable time after receiving a completed
application submitted in accordance with this
subsection and in accordance with such
requirements as the Administrator may prescribe
by regulation, the Administrator shall--
``(i) approve the application and
issue a license for such operation to
the applicant if the requirements of
this section are satisfied; or
``(ii) disapprove the application
and notify the applicant in writing of
the disapproval.
``(3) Matters considered.--In reviewing and
processing any application under this subsection, the
Administrator--
``(A) shall determine whether--
``(i) the applicant meets the
requirements of subsections (a) and (c)
of section 302; and
``(ii) the management of the
applicant is qualified and has the
knowledge, experience, and capability
necessary to comply with this Act;
``(B) shall take into consideration--
``(i) the need for and availability
of financing for small business
concerns in the geographic area in
which the applicant is to commence
business;
``(ii) the general business
reputation of the owners and management
of the applicant; and
``(iii) the probability of
successful operations of the applicant,
including adequate profitability and
financial soundness; and
``(C) shall not take into consideration any
projected shortage or unavailability of
leverage.
``(4) Exception.--
``(A) In general.--Notwithstanding any
other provision of this Act, the Administrator
may, in the discretion of the Administrator and
based on a showing of special circumstances and
good cause, approve an application and issue a
license under this subsection with respect to
any applicant that--
``(i) has private capital of not
less than $3,000,000;
``(ii) would otherwise be issued a
license under this subsection, except
that the applicant does not satisfy the
requirements of section 302(a); and
``(iii) has a viable business plan
reasonably projecting profitable
operations and a reasonable timetable
for achieving a level of private
capital that satisfies the requirements
of section 302(a).
``(B) Leverage.--An applicant licensed
pursuant to the exception provided in this
paragraph shall not be eligible to receive
leverage as a licensee until the applicant
satisfies the requirements of section
302(a).''.
(3) Specialized small business investment
companies.--
(A) Repeal.--Section 301(d) (15 U.S.C.
681(d)) is repealed.
(B) Effect on existing licenses.--The
repeal under subparagraph (A) shall not be
construed to require the Administrator to
cancel, revoke, withdraw, or modify any license
issued under section 301(d) of the Small
Business Investment Act of 1958 before the date
of enactment of this Act.
(c) Capital Requirements.--
(1) Increased minimum capital requirements.--
Section 302(a) (15 U.S.C. 682(a)) is amended by
striking ``(a)'' and all that follows through ``The
Administration shall also determine the ability of the
company,'' and inserting the following:
``(a) Amount.--
``(1) In general.--Except as provided in paragraph
(2), the private capital of each licensee shall be not
less than--
``(A) $5,000,000; or
``(B) $10,000,000, with respect to each
licensee authorized or seeking authority to
issue participating securities to be purchased
or guaranteed by the Administration under this
Act.
``(2) Exception.--The Administrator may, in the
discretion of the Administrator and based on a showing
of special circumstances and good cause, permit the
private capital of a licensee authorized or seeking
authorization to issue participating securities to be
purchased or guaranteed by the Administration to be
less than $10,000,000, but not less than $5,000,000, if
the Administrator determines that such action would not
create or otherwise contribute to an unreasonable risk
of default or loss to the Federal Government.
``(3) Adequacy.--In addition to the requirements of
paragraph (1), the Administrator shall--
``(A) determine whether the private capital
of each licensee is adequate to assure a
reasonable prospect that the licensee will be
operated soundly and profitably, and managed
actively and prudently in accordance with its
articles; and
``(B) determine that the licensee will be
able''.
(2) Exemption for certain licensees.--Section
302(a) (15 U.S.C. 682(a)) is amended by adding at the
end the following new paragraph:
``(4) Exemption from capital requirements.--The
Administrator may, in the discretion of the
Administrator, approve leverage for any licensee
licensed under subsection (c) or (d) of section 301
before the date of enactment of the Small Business
Program Improvement Act of 1996 that does not meet the
capital requirements of paragraph (1), if--
``(A) the licensee certifies in writing
that not less 50 percent of the aggregate
dollar amount of its financings after the date
of enactment of the Small Business Program
Improvement Act of 1996 will be provided to
smaller enterprises; and
``(B) the Administrator determines that
such action would not create or otherwise
contribute to an unreasonable risk of default
or loss to the United States Government.''.
``(3) Diversification of ownership.--Section 302(c)
(15 U.S.C. 682(c)) is amended to read as follows:
``(c) Diversification of Ownership.--The Administrator
shall ensure that the management of each licensee licensed
after the date of enactment of the Small Business Program
Improvement Act of 1996 is sufficiently diversified from and
unaffiliated with the ownership of the licensee in a manner
that ensures independence and objectivity in the financial
management and oversight of the investments and operations of
the licensee.''.
(d) Borrowing.--
``(2) Debentures.--Section 303(b) (15 U.S.C.
683(b)) is amended in the first sentence, by striking
``(but only'' and all that follows through ``terms)''.
``(2) Third party debt.--Section 303(c) (15 U.S.C.
683(c)) is amended to read as follows:
``(c) Third Party Debt.--The Administrator--
``(1) shall not permit a licensee having
outstanding leverage to incur third party debt that
would create or contribute to an unreasonable risk of
default or loss to the Federal Government; and
``(2) shall permit such licensees to incur third
party debt only on such terms and subject to such
conditions as may be established by the Administrator,
by regulation or otherwise.''.
(3) Requirement to finance smaller enterprises.--
Section 303(d) (15 U.S.C. 683(d)) is amended to read as
follows:
``(d) Requirement to Finance Smaller Enterprises.--The
Administrator shall require each licensee, as a condition of
approval of an application for leverage, to certify in writing
that not less than 20 percent of the aggregate dollar amount of
the financings of the licensee will be provided to smaller
enterprises.''.
(4) Capital impairment requirements.--
(A) In general.--Section 303(e) (15 U.S.C.
683(e)) is amended to read as follows:
``(e) Capital Impairment.--Before approving any
application for leverage submitted by a licensee under this
Act, the Administrator--
``(1) shall determine that the private capital of
the licensee meets the requirements of section 302(a);
and
``(2) shall determine, taking into account the
nature of the assets of the licensee, the amount and
terms of any third party debt owed by such licensee,
and any other factors determined to be relevant by the
Administrator, that the private capital of the licensee
has not been impaired to such an extent that the
issuance of additional leverage would create or
otherwise contribute to an unreasonable risk of default
or loss to the Federal Government.''.
(B) Regulations.--
(i) Uniform applicability.--Any
regulation issued by the Administration
to implement section 303(e) of the
Small Business Investment Act of 1958
that applies to any licensee with
outstanding leverage obtained before
the effective date of that regulation,
shall apply uniformly to all licensees
with outstanding leverage obtained
before that effective date.
(ii) Definitions.--For purposes of
this subparagraph, the terms
``Administration'', ``leverage'' and
``licensee'' have the same meanings as
in section 103 of the Small Business
Investment Act of 1958.
(5) Equity investment requirement.--Section
303(g)(4) (15 U.S.C. 683(g)(4)) is amended by striking
``and maintain''.
(6) Fees.--Section 303 (15 U.S.C. 683) is amended--
(A) in subsection (b), in the fifth
sentence, by striking ``1 per centum'', and all
that follows before the period at the end of
the sentence and inserting the following: ``1
percent, plus an additional charge of 1 percent
per annum which shall be paid to and retained
by the Administration'';
(B) in subsection (g)(2), by striking ``1
per centum,'' and all that follows before the
period at the end of the paragraph and
inserting the following: ``1 percent, plus an
additional charge of 1 percent per annum which
shall be paid to and retained by the
Administration''; and
(C) by adding at the end the following new
subsections:
``(i) Leverage Fee.--With respect to leverage granted by
the Administration to a licensee, the Administration shall
collect from the licensee a nonrefundable fee in an amount
equal to 3 percent of the face amount of leverage granted to
the licensee, payable upon the earlier of the date of entry
into any commitment for such leverage or the date on which the
leverage is drawn by the licensee.
``(j) Calculation of Subsidy Rate.--All fees, interest,
and profits received and retained by the Administration under
this section shall be included in the calculations made by the
Director of the Office of Management and Budget to offset the
cost (as that term is defined in section 502 of the Federal
Credit Reform Act of 1990)to the Administration of purchasing
and guaranteeing debentures and participating securities under this
Act.''.
(e) Liability of the United States.--Section 308(e) (15
U.S.C. 687(e)) is amended by striking ``Nothing'' and inserting
``Except as expressly provided otherwise in this Act,
nothing''.
(f) Examinations; Valuations.--
(1) Examinations.--Section 310(b) (15 U.S.C.
687b(b)) is amended in the first sentence by inserting
``which may be conducted with the assistance of a
private sector entity that has both the qualifications
to conduct and expertise in conducting such
examinations,'' after ``Investment Division of the
Administration,''.
(2) Valuations.--Section 310(d) (15 U.S.C. 687b(d))
is amended to read as follows:
``(d) Valuations.--
``(1) Frequency of valuations.--
``(A) In general.--Each licensee shall
submit to the Administrator a written valuation
of the loans and investments of the licensee
not less often than semiannually or otherwise
upon the request of the Administrator, except
that any licensee with no leverage outstanding
shall submit such valuations annually, unless
the Administrator determines otherwise.
``(B) Material adverse changes.--Not later
than 30 days after the end of a fiscal quarter
of a licensee during which a material adverse
change in the aggregate valuation of the loans
and investments or operations of the licensee
occurs, the licensee shall notify the
Administrator in writing of the nature and
extent of that change.
``(C) Independent certification.--
``(i) In General.--Not less than
once during each fiscal year, each
licensee shall submit to the
Administrator the financial statements
of the licensee, audited by an
independent certified public accountant
approved by the Administrator.
``(ii) Audit requirements.--Each
audit conducted under clause (i) shall
include--
``(I) a review of the
procedures and documentation
used by the licensee in
preparing the valuations
required by this section; and
``(II) a statement by the
independent certified public
accountant that such valuations
were prepared in conformity
with the valuation criteria
applicable to the licensee
established in accordance with
paragraph (2).
``(2) Valuation criteria.--Each valuation submitted
under this subsection shall be prepared by the licensee
in accordance with valuation criteria, which shall--
``(A) be established or approved by the
Administrator; and
``(B) include appropriate safeguards to
ensure that the noncash assets of a licensee
are not overvalued.''.
(g) Trustee or Receivership Over Licensees.--
(1) Finding.--It is the finding of the Congress
that increased recoveries on assets in liquidation
under the Small Business Investment Act of 1958 are in
the best interests of the Federal Government.
(2) Definitions.--For purposes of this subsection--
(A) the term ``Administrator'' means the
Administrator of the Small Business
Adminstration;
(B) the term ``Administration'' means the
Small Business Administration; and
(C) the term ``licensee'' has the same
meaning as in section 103.
(3) Liquidation plan.--
(A) In general.--Not later than January 15,
1997, the Administrator shall submit to the
Committees on Small Business of the Senate and
the House of Representatives a detailed plan to
expedite the orderly liquidation of all
licensee assets in liquidation, including
assets of licensees in receivership or in trust
held by or under the control of the
Administration or its agents.
(B) Contents.--The plan submitted under
paragraph (1) shall include a timetable for
liquidating the liquidation portfolio of small
business investment company assets owned by the
Administration, and shall contain the findings
and recommendations of the Administrator on
various options providing for the fair and
expeditious liquidation of such assets within a
reasonable period of time, giving due
consideration to the option of entering into
one or more contracts with private sector
entities having the capability to carry out the
orderly liquidation of similar assets.
(h) Technical and Conforming Amendments.--
(1) Small business investment act of 1958.--The
Small Business Investment Act of 1958 (15 U.S.C. 661 et
seq.) is amended--
(A) in section 303--
(i) in subsection (a), by striking
``debenture bonds,'' and inserting
``securities,'';
(ii) by striking subsection (f) and
inserting the following:
``(f) Redemption or Repurchase of Preferred Stock.--
Notwithstanding any other provision of law--
``(1) the Administrator may allow the issuer of any
preferred stock sold to the Administration before
November 1, 1989 to redeem or repurchase such stock,
upon the payment to the Administration of an amount
less than the par value of such stock, for a repurchase
price determined by the Administrator after
consideration of all relevant factors, including--
``(A) the market value of the stock;
``(B) the value of benefits provided and
anticipated to accrue to the issuer;
``(C) the amount of dividends paid,
accrued, and anticipated; and
``(D) the estimate of the Administrator of
any anticipated redemption; and
``(2) any moneys received by the Administration
from the repurchase of preferred stock shall be
available solely to provide debenture leverage to
licensees having 50 percent or more in aggregate dollar
amount of their financings invested in smaller
enterprises.''; and
(iii) in subsection (g)(8)--
(I) by striking ``partners
or shareholders'' and inserting
``partners, shareholders, or
members'';
(II) by striking
``partner's or shareholder's''
and inserting ``partner's,
shareholder's, or member's'';
and
(III) by striking ``partner
or shareholder'' and inserting
``partner, shareholder, or
member'';
(B) in section 308(h), by striking
``subsection (c) or (d) of section 301'' each
place that term appears and inserting ``section
301'';
(C) in section 310(c)(4), by striking ``not
less than four years in the case of section
301(d) licensees and in all other cases,'';
(D) in section 312--
(i) by striking ``shareholders or
partners'' and inserting
``shareholders, partners, or members'';
and
(ii) by striking ``shareholder, or
partner'' each place that term appears
and inserting ``shareholder, partner,
or member'';
(E) by striking sections 317 and 318, and
redesignating sections 319 through 322 as
sections 317 through 320, respectively;
(F) in section 319, as redesignated--
(i) in subsection (a), by striking
``, including companies operating under
the authority of section 301(d),''; and
(ii) in subsection (f)(2), by
inserting ``or investments in
obligations of the United States''
after ``accounts'';
(G) in section 320, as redesignated, by
striking ``section 321'' and inserting
``section 319''; and
(H) in section 509--
(i) in subsection (a)(1), by
striking the second sentence; and
(ii) in subsection (e)(1)(B), by
striking ``subsection (c) or (d) of
section 301'' and inserting ``section
301''.
(2) Amendment in other law.--Section 11(h) of the
Federal Home Loan Bank Act (12 U.S.C. 1431(h)) is
amended by striking ``301(d)'' and inserting ``301''.
(i) Amendments to the Small Business Act.--
(1) Powers of the administrator.--Section 5(b)(7)
of the Small Business Act (15 U.S.C. 634(b)(7)) is
amended by striking the colon and all that follows
before the semicolon at the end of the paragraph and
inserting the following: ``: Provided, That with
respect to deferred participation loans, the
Administrator may, in the discretion of and pursuant to
regulations promulgated by the Administrator, authorize
participating lending institutions to take actions
relating to loan servicing on behalf of the
Administrator, including determining eligibility and
creditworthiness and loan monitoring, collection, and
liquidation''.
(2) Authorization of appropriations.--Section
20(p)(3) of the Small Business Act (15 U.S.C. 631 note)
is amended by striking subparagraph (B) and inserting
the following:
``(B) $300,000,000 in guarantees of
debentures; and''.
(j) Effective Date.--This section and the amendments
made by this section shall become effective on the date of
enactment of this Act.
DIVISION E
TITLE I--CALIFORNIA BAY-DELTA ENVIRONMENTAL ENHANCEMENT AND WATER
SECURITY ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``California Bay-Delta
Environmental Enhancement and Water Security Act.''
SEC. 102. PROGRAM FUNDING.
(a) Authorization of Appropriations.--For each of the
fiscal years 1998, 1999 and 2000, there are authorized to be
appropriated an additional $143,300,000 for both (1) the
initial Federal share of the cost of developing and
implementing that portion of an ecosystem protection plan for
the Bay-Delta, referred to as ``the Category III program''
emanating out of the document entitled ``Principles for
Agreement on Bay-Delta Standards Between the State of
California and the Federal Government,'' dated December 15,
1994, and, (2) the initial Federal share of the cost of
developing and implementing the ecosystem restoration elements
of the long-term CALFED Bay-Delta Program, pursuant to the
cost-sharing agreement required by Section 78684.10 of
California Senate Bill 900, Chapter 135, Statutes of 1996,
signed by the Governor of California on July 11, 1996. Funds
appropriated pursuant to this section shall remain available
until expended and shall be administered in accordance with
procedures established by CALFED Bay-Delta Program until
Congress authorizes another entity that is recommended by
CALFED Bay-Delta Program to carry out this section.
(b) Funds authorized to be appropriated pursuant to this
section to those agencies that are currently or subsequently
become participants in the CALFED Bay-Delta Program shall be in
addition to the baseline funding levels established pursuant to
section 103 of this title, for currently authorized projects
and programs under the Central Valley Project Improvement Act,
Title 34 of Public Law 102-575 and other currently authorized
Federal programs for the purpose of Bay-Delta ecosystem
protection and restoration.
(c) Nothing in this title shall be deemed to diminish the
Federal interest in and responsibility for working with the
State of California through the CALFED Bay-Delta Program in
developing, funding and implementing a balanced, long-term
solution to the problems of ecosystem quality, water quality,
water supply and reliability, and system vulnerability
affecting the San Francisco Bay/Sacramento-San Joaquin Delta
Watershed in California. Participation in such long-term
solution shall only be undertaken pursuant to authorization
provided by law other than this title, and shall be based on
the equitable allocation of program costs among beneficiary
groups that the CALFED Bay-Delta programs shall develop.
(d) To the extent not otherwise authorized, those
agencies and departments that are currently or subsequently
become participants in the CALFED Bay-Delta Program are hereby
authorized to undertake the activities and programs for which
Federal cost sharing is provided by this section. The United
States shall immediately initiate coordinated consultations and
negotiations with the State of California to expeditiously
execute the cost-sharing agreement required by Section 78684.10
of California Senate Bill 900, Chapter 135, Statutes of 1996,
signed by the Governor of California on July 11, 1996. Such
activities shall include, but not be limited to, planning,
design, technical assistance and construction for ecosystem
restoration programs and projects.
SEC.103. BUDGET CROSSCUT.
The Office of Management and Budget is directed to submit
to the House and Senate Committees on Appropriations, as part
of the President's Fiscal Year 1998 Budget, an interagency
budget crosscut that displays Federal spending for fiscal years
1993 through 1998 on ecosystem restoration and other purposes
in the Bay-Delta region, separately showing funding provided
previously or requested under both pre-existing authorities and
new authorities granted by this title.
SEC. 104. EFFECTIVE DATE.
Section 102 of this title shall take effect on the date
of passage of California State Proposition 204.
This Act may be cited as the ``Omnibus Consolidated
Appropriations Act, 1997''
And amend the title to read as follows:
An Act making omnibus consolidated appropriations for the
fiscal year ending September 30, 1997, and for other purposes.
And the Senate agree to the same.
Bill Young,
Joseph M. McDade,
Bob Livingston,
Jerry Lewis (except for chapter 6 of
title V of division A),
Joe Skeen,
Dave Hobson,
Henry Bonilla,
George R. Nethercutt, Jr.,
Ernest Istook,
John P. Murtha,
Norm Dicks,
Charles Wilson,
W.G. Bill Hefner,
Martin Olav Sabo,
David Obey,
Managers on the Part of the House.
Ted Stevens,
Thad Cochran,
Pete V. Domenici,
Christopher S. Bond (except for
chapter 6 of title V of division
A),
Mitch McConnell,
Connie Mack,
Richard C. Shelby,
Mark O. Hatfield,
Daniel K. Inouye (with reservation),
Fritz Hollings,
J. Bennett Johnson,
Robert Byrd,
Patrick J. Leahy,
Frank R. Lautenberg,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 3610) making
appropriations for the Department of Defense for the fiscal
year ending September 30, 1997, and for other purposes, submit
the following joint statement to the House and the Senate in
explanation of the effects of the action agreed upon by the
managers and recommended in the accompanying report.
The composition of this conference agreement includes
more than the Department of Defense Appropriations Act for
fiscal year 1997. While the House version of H.R. 3610 and the
Senate amendment in the nature of a substitute dealt only with
defense appropriations, the conference report was expanded to
include other matters, most significantly, other fiscal year
1997 appropriations for other departments and agencies. These
appropriations are included in title I of this conference
agreement and are organized in groupings as they would have
been had they been enacted in their regular appropriations act.
Explanation of the matters included in this conference
agreement follows.
ANTITERRORISM, COUNTERTERRORISM, AND SECURITY FUNDING
The conference agreement includes funding for
antiterrorism, counterterrorism, and security initiatives. The
following table shows the programs, the location of the funding
provision in the conference agreement, and the amount of
funding for these initiatives.
Antiterrorism, counterterrorism, and security funding
[Budget authority, in millions of dollars]
FY 1997
Conference
Agreement
TITLE I, SEC. 101(a)--DEPARTMENTS OF COMMERCE, JUSTICE,
AND STATE, THE JUDICIARY, AND RELATED AGENCIES
The Judiciary: Antiterrorism and Effective Death Penalty Act
workload/security.......................................... 10.0
Department of Commerce: Export Administration: Hire criminal
investigators/engineers to review export licenses.......... 3.9
Department of Justice:
Security upgrades from General Administration account... 3.6
Counterterrorism fund \1\............................... 20.0
Executive Office of Immigration Review: Removal of
criminal aliens/immigration court security............. 1.0
Criminal Division: Investigations and prosecutions of
terrorist cases........................................ 1.7
US Attorneys: Wiretap activity/computer fraud/building
security............................................... 10.9
Federal Bureau of Investigation:
Additional positions/antiterrorism support:
Gore Commission Recommendation...................... 168.6
Other............................................... 7.0
Drug Enforcement Administration: Additional security for
buildings and vehicles................................. 5.0
Immigration and Naturalization Service: Detention of
criminal aliens and enhanced intelligence.............. 15.0
Office of Justice programs: Antiterrorism preparedness
training for rural law enforcement..................... 17.0
Department of State: Upgrade security at US government
facilities overseas........................................ \2\ 48.5
United States Information Agency: Upgrade security at
overseas and domestic facilities........................... \2\ 1.4
-----------
Subtotal, Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies.................. 313.6
===========
TITLE I, SEC. 101(b)--DEPARTMENT OF DEFENSE
Military personnel, Army.................................... 4.8
Military personnel, Air Force............................... 4.0
Operation and maintenance, Army............................. 36.4
Operation and maintenance, Navy............................. 24.0
Operation and maintenance, Marine Corps..................... 0.6
Operation and maintenance, Air Force........................ 78.2
Operation and maintenance, Defense-wide..................... 29.5
Operation and maintenance, Navy Reserve..................... 0.5
Other procurement, Army..................................... 16.9
Other procurement, Air Force................................ 115.1
Procurement, Defense-wide................................... 35.4
Research, Development, Test and Evaluation, Defense-wide.... 8.0
-----------
Subtotal, Department of Defense....................... 353.3
===========
TITLE I, SEC. 101(c)--FOREIGN OPERATIONS, EXPORT FINANCING,
AND RELATED PROGRAMS
US Agency for International Development: Improve security
for overseas facilities/personnel.......................... 0.6
TITLE V, CHAPTER 7--FOREIGN OPERATIONS, EXPORT FINANCING,
AND RELATED PROGRAMS
Department of State: Provide training for foreign security
personnel.................................................. 18.0
-----------
Subtotal, Foreign Operations (Title I and Title V).... 18.6
===========
TITLE I, SEC. 101(d)--DEPARTMENT OF THE INTERIOR AND RELATED
AGENCIES
Department of the Interior:
Fish and Wildlife Service: Security/antiterrorism
upgrades............................................... 1.5
National Park Service: Upgrade security at high-profile
National Park Service sites............................ 8.6
Smithsonian:
General upgrade of security systems..................... 0.9
Upgrade security at the Kennedy Center.................. 5.0
Upgrade security at the National Gallery................ 0.4
Holocaust Memorial Council: Upgrade security at Holocaust
Museum..................................................... 1.0
-----------
Subtotal, Department of the Interior and Related
Agencies............................................. 17.4
===========
TITLE I, SEC. 101(e)--DEPARTMENTS OF LABOR, HEALTH AND
HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES
Department of Health and Human Services:
Centers for Disease Control: Building security
improvements at Atlanta headquarters................... 23.0
General Departmental Management: Terrorism consequence
management/Rapid Response Teams........................ 5.8
-----------
Subtotal, Departments of Labor, Health and Human
Services, and Education, and Related Agencies........ 28.8
===========
TITLE V, CHAPTER 5--DEPARTMENT OF TRANSPORTATION AND
RELATED AGENCIES
Department of Transportation:
Federal Aviation Administration:
Purchase explosives detection devices/passenger
profiling/screening.................................. 197.6
Additional aviation safety inspectors, airline
certification, safety data systems, contract weather
observers, and air traffic controller training....... 29.0
Research and Special Programs Administration:
Vulnerability threat assessment........................ 3.0
National Transportation Safety Board:
TWA Flight 800 recovery (reimburse Navy)................ 6.0
Replenish emergency fund................................ 1.0
-----------
Subtotal, Department of Transportation and Related
Agencies............................................. 236.6
===========
TITLE I, SEC. 101(f)--TREASURY, POSTAL SERVICE, AND
GENERAL APPROPRIATIONS:
Department of the Treasury:
Bureau of Alcohol, Tobacco, and Firearms:
Taggant study (crime trust fund)...................... 18.3
Federal training and certification for explosives
detection............................................ 7.5
Develop comprehensive training program for explosives
detection............................................ 1.8
Increase inspections for businesses which manufacture/
use explosives....................................... 1.8
Expand study of car bombs............................. 3.0
Expand ability to collect and maintain data on
explosives........................................... 2.1
Create equipped mobile forensics labs/rapid deployment
teams................................................ 7.2
Provide additional personnel for intelligence and
investigation........................................ 14.2
Counterterrorism fund \1\............................. 15.0
Building security..................................... 6.7
Other Bureau of Alcohol, Tobacco, and Firearms........ 3.0
Office of Foreign Assets Control: Implement additional
programs to seize assets of terrorism sponsors......... 0.3
Federal Law Enforcement Training Center:
Provide training for additional Federal law
enforcement personnel................................ 1.4
Increase security at Glynco and Artesia site.......... 2.7
Customs Service:
Passenger screening................................... 58.0
Building security..................................... 2.2
Secret Service: Provide more effective security for
president/White House complex.......................... 2.5
Other Treasury: Increase security at Treasury facilities 14.7
Office of Personnel Management: Upgrade security at
headquarters............................................... 0.2
-----------
Subtotal, Treasury, Postal Service, and General
Appropriations....................................... 162.4
===========
TITLE V, CHAPTER 6--DEPARTMENTS OF VETERANS AFFAIRS AND
HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES
Federal Emergency Management Agency:
Salaries and expenses................................... 3.0
Emergency Management Planning and Assistance............ 12.0
-----------
Subtotal, Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies...... 15.0
===========
Total antiterrorism funding........................... 1,145.7
(Contingent emergency funds)................................ (15.0)
-----------
(Other)............................................... (1,130.7)
\1\ Requested as contingent emergency appropriations.
\2\ Security upgrades at overseas facilities of the International Trade
Administration and USIA are included under Department of State.
NATURAL DISASTER FUNDING
The conference agreement includes additional emergency
funding for assistance to recover from the impacts of natural
disasters such as Hurricane Fran. The following table shows the
programs, the location of the funding provision in the
conference agreement, and the amount of funding for this
assistance.
HURRICANE AND FLOOD RECOVERY ASSISTANCE, AND FIREFIGHTING FUNDING
[Budget authority, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
Administration Conference Conference
request \1\ agreement vs. request
----------------------------------------------------------------------------------------------------------------
HURRICANE AND FLOOD RECOVERY
Title V, Chapter 1--Department of Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies
Natural Resources Conservation Service: Watershed and flood
prevention operations.............................................. 20.0 63.0 +43.0
Farm Service Agency: Emergency conservation program................. 20.0 25.0 +5.0
-------------------------------------------
Subtotal, Departments of Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies................ 40.0 88.0 +48.0
===========================================
Title I, Sec. 101(a)--Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies
Department of Commerce: Economic Development Administration:
Economic Development Assistance Programs \2\....................... 18.0 25.0 +7.0
Small Business Administration:
Disaster loans program account.................................. 22.0 113.0 +91.0
Salaries and expenses........................................... .............. 22.0 +22.0
-------------------------------------------
Subtotal, Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies.............................. 40.0 160.0 +120.0
===========================================
Title V, Chapter 3--Energy and Water Development
Army Corps of Engineers: Operations and maintenance, general........ 18.8 19.0 +0.2
-------------------------------------------
Subtotal, Energy and Water Development........................ 18.8 19.0 +0.2
===========================================
Title I, Sec. 101(d)--Department of the Interior and Related
Agencies
Department of the Interior:
Bureau of Land Management:
Management of lands and resources............................. .............. 3.5 +3.5
Oregon and California grant lands............................. .............. 2.5 +2.5
US Geological Survey: Surveys, investigations, and research..... .............. 1.1 +1.1
Fish and Wildlife Service:
Resource management........................................... .............. 0.6 +0.6
Construction.................................................. .............. 15.9 +15.9
National Park Service: Construction............................. .............. 3.0 +3.0
Bureau of Indian Affairs:
Operation of Indian Programs.................................. .............. 6.6 +6.6
Construction.................................................. .............. 6.0 +6.0
Department of Agriculture:
Forest Service:
National Forest System........................................ .............. 3.4 +3.4
Construction.................................................. .............. 5.2 +5.2
-------------------------------------------
Subtotal, Department of the Interior and Related Agencies... .............. 47.8 +47.8
===========================================
Title V. Chapter 5--Department of Transportation and Related
Agencies
Department of Transportation: Federal Highways Administration:
Federal-aid Highways............................................... 82.0 82.0 ............
-------------------------------------------
Subtotal, Department of Transportation and Related Agencies... 82.0 82.0 ............
===========================================
Title V, Chapter 6--Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies
Department of Housing and Urban Development:
Housing Programs: Flexible subsidy fund \2\..................... 10.0 ............ -10.0
Community Planning and Development: Community Development Grants
\2\............................................................ 100.0 ............ -100.0
-------------------------------------------
Subtotal, Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies................ 110.0 ............ -110.0
-------------------------------------------
Total hurricane and flood relief............................ 290.8 396.8 +106.0
===========================================
FIREFIGHTING
Title I, Sec. 101(d)--Department of the Interior and Related
Agencies
Department of the Interior: Bureau of Land Management: Wildland fire
management \3\..................................................... 100.0 100.0 ............
-------------------------------------------
Department of Agriculture: Forest Service: Wildland fire management. 300.0 550.0 +250.0
-------------------------------------------
Subtotal, Department of the Interior and Related Agencies..... 400.0 650.0 +250.0
-------------------------------------------
Total firefighting.................................................. 400.0 650.0 +250.0
-------------------------------------------
Total hurricane and flood relief, and firefighting............ 690.8 1,046.8 +356.0
(Contingent emergency funds)........................................ (178.0) (100.0) (-78.0)
-------------------------------------------
(Other)....................................................... (512.8) (946.8) (+434.0)
----------------------------------------------------------------------------------------------------------------
\1\ Funds were requested by the Administration as FY 1996 supplemental appropriations. The conference agreement
provides FY 1997 appropriations.
\2\ Requested as contingent emergency appropriations.
\3\ $50 million requested as contingent emergency appropriations; conference agreement funds $100 million as
contingent.
SECTION 101(a)
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1997
The conferees on H.R. 3610 agree with the matter inserted
in this subsection of this conference agreement and the
following description of this matter. This matter was developed
through negotiations on the differences in the House and Senate
versions of H.R. 3814, the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 1997, by members of the appropriations subcommittee of
both the House and Senate with jurisdiction over H.R. 3814. The
legislative intent in the House and Senate versions of H.R.
3814 is set forth in the accompanying House report (H. Rept.
104-676) and the accompanying Senate report (S. Rept. 104-353).
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
The conference agreement includes $79,373,000 for General
Administration, instead of $78,493,000 as proposed in the House
bill and $70,653,000 as proposed in the Senate-reported bill.
Of the amount provided $3,600,000 is designated by the Congress
and the President as emergency requirements pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended. The conference agreement
assumes that funding is provided in accordance with the House
and Senate reports with the following exceptions:
Counterterrorism initiative.--The conference agreement
provides $3,600,000, the full amount requested by the
Administration in its recent budget amendment, to address the
increasing threat of domestic and international terrorism.
Included in the amount provided is $1,430,000 for the Office of
Intelligence Policy and Review and $2,170,000 for security
enhancements of the Main Justice building and field offices.
The conference agreement also provides $4,700,000 for
Federal drug testing initiatives to be administered by the
Attorney General in conjunction with the Federal Judiciary, and
$2,000,000 for additional staffing for the Office of
Professional Responsibility for investigations of allegations
of attorney misconduct.
The conference agreement includes a provision, as
proposed in the Senate-reported bill, that limits the number of
positions and amounts for the Department Leadership program,
but does not include a provision, as proposed in the House
bill, that eliminates funding for the Office of the Associate
Attorney General. The conference agreement also includes a
provision as proposed in the Senate-reported bill, that freezes
legislative and public affairs activities at fiscal year 1995
levels and prohibits these activities from being supplemented
by reimbursable and non-reimbursable details. Similar
provisions are included under other Department of Justice
programs as well, in order to ensure that scarce resources are
targeted to crime-fighting activities. These limitations are
not intended to reduce the level of resources currently
dedicated to casework activities.
counterterrorism fund
The conference agreement includes $29,450,000 for the
Counterterrorism Fund, instead of $9,450,000 as proposed in the
House bill and $40,000,000 as proposed in the Senate-reported
bill. Of the amount provided, $20,000,000 is designated by the
Congress and the President as emergency requirements pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
The conference agreement does not include provisions,
included in the Senate-reported bill, which would have
transferred funding from this Fund to the Department of State
and the U.S. Information Agency, the Commerce Department, and
the Judiciary, for counterterrorism activities. Instead the
conference agreement provides funding for counterterrorism
activities of these agencies directly under these accounts. In
addition, funding included in the Senate-reported bill for
Joint Terrorism Task Forces and increased State and local
support at the FBI Counterterrorism Center is included under
the amounts provided for the Federal Bureau of Investigation.
However, of the amount provided under this Fund, $3,000,000 is
included for necessary counterterrorism security and
communications infrastructure enhancements and upgrades in
preparation for the 2002 Olympic games.
The conferees understand that in addition to amounts
provided in this bill, unobligated balances of $8,982,000
remain available from previous appropriations for authorized
purposes of this Fund.
administrative review and appeals
The conference agreement includes $111,000,000 for
Administrative Review and Appeals instead of $112,000,000 as
proposed in the House bill and $107,909,000 as proposed in the
Senate-reported bill, of which $48,000,000 is provided from the
Violent Crime Reduction Trust Fund (VCRTF) as proposed in both
the House and Senate-reported bills. Of the total amount
provided, $1,000,000 for enhanced security measures is
designated by the Congress and the President as emergency
requirements pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, for counterterrorism-related activities.
The amount provided in the conference agreement is
provided in accordance with the House and Senate reports with
the following exceptions. The total amount provided includes
$1,481,000 for the Office of the Pardon Attorney and
$109,519,000 for the Executive Office for Immigration Review
(EOIR). Within amounts provided for EOIR, $6,496,000 is
included to support 24 additional immigration judges for border
control and removal of criminal and non-criminal aliens,
$1,935,000 is for 20 additional attorneys for the Board of
Immigration Appeals, $3,500,000 is for ADP systems
modernization, and $1,000,000 is for enhanced building and
court security.
Office of Inspector General
The conference agreement includes $31,960,000 for the
Office of Inspector General, as proposed in both the House and
Senate-reported bills and assumes funding is provided in
accordance with the House and Senate reports.
United States Parole Commission
salaries and expenses
The conference agreement includes $4,845,000 for the U.S.
Parole Commission, instead of $4,490,000 as proposed in the
House bill and $5,201,000 as proposed in the Senate-reported
bill.
Legal Activities
salaries and expenses, general legal activities
The conference agreement includes $430,262,000 for
General Legal Activities, instead of $428,543,000 as proposed
in the House bill and $429,028,000 as proposed in the Senate-
reported bill, of which $7,750,0000 is provided from the
Violent Crime Reduction Trust Fund (VCRTF) as proposed in both
the House and Senate-reported bills. Of the total amount
provided, $1,719,000 is designated by the Congress and the
President as emergency requirements pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for counterterrorism-related
activities.
The amount provided in the conference agreement is
provided in accordance with the House and Senate reports. In
addition, $1,719,000 is provided for the Criminal Division for
increased counterterrorism activities, including $629,000 and 6
attorneys for review of Title III wiretap requests, and
$1,090,000 and 13 attorneys for increased investigations and
prosecutions of domestic and international terrorism, as
proposed in the Administration's budget amendment.
The conference agreement also includes a provision,
included in the Senate-reported bill, that freezes legislative
and public affairs staffing in this account at fiscal year 1995
levels.
the national childhood vaccine injury act
The conference agreement includes a reimbursement of
$4,028,000 for fiscal year 1997 from the Vaccine Injury
Compensation Trust Fund to the Department of Justice, as
proposed in both the House and Senate-reported bills.
salaries and expenses, antitrust division
The conference agreement provides $92,447,000 for the
Antitrust Division, instead of $84,336,000 as proposed in the
House bill and $94,979,000 as proposed in the Senate-reported
bill. The conference agreement assumes that of the amount
provided, $58,905,000 will be derived from fees collected in
fiscal year 1997 and $16,000,000 will be derived from estimated
unobligated fee collections available from 1996. Use of any
unobligated fee collections from 1996 above $16,000,000 is
subject to the reprogramming requirements outlined in section
605 of this Act.
The conference agreement does not include a change in the
fee structure for Hart-Scott-Rodino fees as proposed in the
Senate-reported bill under the Federal Trade Commission, which
would have eliminated the direct appropriation for this
account.
salaries and expenses, united states attorneys
The conference agreement includes $978,116,000 for the
U.S. Attorneys, instead of $974,905,000 as proposed in the
House bill and $965,316,000 as proposed in the Senate-reported
bill, of which $43,876,000 is provided from the Violent Crime
Reduction Trust Fund (VCRTF) as proposed in the House bill
instead of $31,000,000 as proposed in the Senate-reported bill.
Of the total amount provided, $10,900,000 is designated by the
Congress and the President as emergency requirements pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, for counterterrorism-
related activities.
The conference agreement provides for the following: (1)
$4,641,000 and 35 attorneys to support immigration initiatives
and increased drug prosecutions on the Southwest border; (2)
$1,000,000 for Federal victims counselors to address violence
against women; and (3) $10,900,000 for security upgrades at
U.S. Attorneys offices to address the increasing threat of
terrorism. In addition, as stated in the Senate report, to the
extent possible within the resources provided, the Department
of Justice should expand the pilot debt collection program.
The conference agreement also provides $1,900,000 to pay
the costs of supervision and oversight of the Teamsters
election. In addition, the Attorney General may provide an
additional $1,900,000 for these costs from funds provided to
the Department of Justice, subject to either the reprogramming
requirements in section 605 of this Act or the transfer
authorities in section 107 of this Act. The conferees agree
that this is the final payment for this purpose.
The conference agreement also includes bill language,
similar to language included in the House bill, to reflect the
total number of positions and full-time equivalent (FTE)
employment expected to be supported by the level of resources
provided for the U.S. Attorneys in fiscal year 1997.
United States Trustee System Fund
The conference agreement provides $107,950,000 in budget
(obligational) authority for the U.S. Trustees, to be entirely
funded from offsetting fee collections, as proposed in both the
House and Senate-reported bills. The amount provided in the
conference agreement is provided in accordance with the House
and Senate reports.
salaries and expenses, foreign claims settlement commission
The conference agreement provides $953,000 for the
Foreign Claims Settlement Commission as proposed in the Senate-
reported bill, instead of $878,000 as proposed by the House and
assumes funding is provided in accordance with the House and
Senate reports.
salaries and expenses, united states marshals service
The conference agreement includes $482,495,000 for the
U.S. Marshals Service as provided in the Senate-reported bill,
instead of $485,214,000 as proposed in the House bill. Of this
amount, the conference agreement provides that $25,000,000 will
be derived from the Violent Crime Reduction Trust Fund (VCRTF)
as proposed in both the House and Senate-reported bills.
The amount included in the conference agreement is
provided in accordance with the House and Senate reports and
includes program increases as outlined in the Senate report.
Increased resources of $2,000,000 requested in the
Administration's recent budget amendment to support possible
high-visibility terrorist trials can be provided from the
Counterterrorism Fund, if needed.
The conference agreement also includes a provision,
included in the Senate-reported bill, that freezes legislative
and public affairs staffing in this account at fiscal year 1995
levels.
federal prisoner detention
The conference agreement provides $405,262,000 for
Federal Prisoner Detention, as proposed in both the House and
Senate-reported bills. The amount included in the conference
agreement is provided in accordance with the House and Senate
reports with the following exception.
Detention of Criminal Aliens at the Naval Air Station
Miramar.--The conference agreement assumes that the Attorney
General will continue to pursue alternative detention capacity
in Southern California and consider potential Navy counter
proposals to alleviate the need to detain criminal aliens at
the Naval Air Station Miramar. While it is understood that the
Attorney General is exploring a long-term solution involving a
1,000 bed private facility in San Diego to detain criminal
aliens awaiting trial, it is further understood that this
facility will not be available for at least another 18 to 20
months. In order to ensure that there is no negative impact on
Federal prosecution policy by limiting detention capacity, the
conference agreement assumes that the Miramar facility may be
used in the short-term. The Attorney General is expected to
submit a report on her efforts to find alternative detention
space to Miramar to the Committee on Appropriations of both the
House and Senate, by January 3, 1997. It is also expected that
the Southern District of California's long-term detention
problem will be addressed in the Department of Justice's
updated Federal Detention Plan requested in the Senate report.
fees and expenses of witnesses
The conference agreement includes $100,702,000 for Fees
and Expenses of Witnesses as proposed by the House, instead of
$102,702,000 as proposed in the Senate-report bill and assumes
funding is provided in accordance with the House report. Funds
for alternative dispute resolution efforts may be identified
within other accounts subject to the reprogramming requirements
in section 605.
community relations service
The conference agreement provides $5,319,000 for the
Community Relations Service, as proposed in both the House and
Senate-reported bills and in accordance with both the House and
Senate reports.
Assets Forfeiture Fund
The conference agreement provides $23,000,000 for the
Assets Forfeiture Fund instead of $16,000,000 as proposed in
the House bill and $30,000,000 as proposed in the Senate-
reported bill, and assumes funding is provided in accordance
with both the House and Senate reports.
Radiation Exposure Compensation
administrative expenses
The conference agreement includes $2,000,000 for
administrative expenses in accordance with the Radiation
Exposure Compensation Act, as proposed by both the House and
Senate-reported bills.
payment to radiation exposure compensation trust fund
The conference agreement provides a program level of
$30,000,000 for fiscal year 1997 for payments to the Radiation
Exposure Compensation Trust Fund, as proposed by both the House
and Senate-reported bills, of which $16,264,000 is available
from an advance appropriation and $13,736,000 is available on
September 30, 1997. The conference agreement assumes that
funding is provided in accordance with the House and Senate
reports.
Interagency Law Enforcement
interagency crime and drug enforcement
The conference agreement includes $359,430,000 for
Interagency Crime and Drug Enforcement instead of $372,017,000
as proposed by the House and $352,461,000 as proposed by the
Senate-reported bill. The level of funding provided by the
conference agreement assumes that all participating agencies
will continue at levels provided in 1996.
The conference agreement does not include language
included in the Senate-reported bill that would make this the
final Federal payment for this program. However, the conferees
recognize that this program continues to support funding for
non-Justice agencies and therefore restates the direction
provided in fiscal year 1996 that the Administration should
submit the budget requirements of non-Justice agencies for
fiscal year 1998 within the budgets proposed for those
agencies.
Federal Bureau of Investigation
salaries and expenses
The conference agreement includes $2,735,971,000 for the
Federal Bureau of Investigation (FBI), instead of
$2,681,706,000 as proposed in the House bill and $2,650,653,000
as proposed in the Senate-reported bill, of which $169,000,000
is provided from the Violent Crime Reduction Trust Fund
(VCRTF), instead of $153,000,000 as proposed in the House bill
and $160,000,000 as proposed in the Senate-reported bill. Of
the total amount provided, $115,610,000 is designated by the
Congress and the President as emergency requirements pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, for counterterrorism-
related activities. In addition, the conference agreement
provides that not less than $147,081,000 shall be used for
counterterrorism investigations, foreign counterintelligence,
and other activities related to national security, instead of
$133,081,000 as proposed by the House and $195,200,000 as
proposed by the Senate-report bill. This statement of managers
reflects the agreement of the conferees on how the funds
provided in the conference report are to be spent. The total
amount provided in the conference agreement reflects the
effects of the Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191) which shifts $38,000,000 of
base funding for FBI health care fraud investigations to the
Health Care Fraud and Abuse Control Account. This legislation
was enacted into law following House passage and Senate
Committee action on this bill.
Comprehensive Counterterrorism Initiative.--The
conference agreement provides a significant increase for the
FBI to address the increasing threat of domestic and
international terrorism. It is noted that prior to the
Administration's submission of a budget amendment for
counterterrorism, both the House and Senate-reported bills
exceeded the amount of funding requested by the Administration
for the FBI to address terrorism. The Senate-reported bill, in
particular, provided more than three times the funding
requested for FBI counterterrorism activities. The conference
agreement provides $157,743,000 in program increases to enhance
the FBI's capability to address terrorism including: (1)
$81,755,000 to support over 500 agents and support staff to
combat terrorism, protect key physical assets, and establish a
capability for chemical, biological, and nuclear
investigations; (2) $2,700,000 to cover confidential case
funding for the FBI-sponsored Joint Terrorism Task Forces and
to increase State and local participation; (3) $3,750,000 for
field counterterrorism operational support, including case-
related travel and undercover operations funding; (4)
$11,511,000 to support field electronic technicians for
technical support to investigative and counterterrorism
operations; (5) $1,172,000 to add FBI agents in Riyadh, Kiev,
Tallinn, Warsaw, and Pretoria; (6) $5,013,000 and 17 agents to
establish a Computer Investigations Threat Assessment Center
(CITAC) at FBI headquarters to provide the capability to
identify, investigate, and counter illegal intrusion into
government computer networks; (7) $2,000,000 to establish a
database to maintain and organize information relating to
physical key assets; (8) $2,420,000 for expansion of FBI's
Counterterrorism Special Projects aimed at gathering visual
intelligence data; (9) $4,780,000 to establish Field
Translation Centers staffed with contract translators to
transcribe Arabic and Farsi languages; (10) $1,988,000 for
State and local participation and administrative support at the
Counterterroism Center; (11) $7,516,000 to establish a
hazardous materials/chemical/biological/nuclear capability
within the FBI laboratory; (12) $1,580,000 for equipment and
training for Computer Analysis and Emergency Response Teams;
(13) $3,200,000 for two mobile/deployable evidence response
team laboratories and 12 evidence response team trailers; (14)
$3,000,000 for advance render-safe response team equipment;
(15) $1,618,000 to improve training provided to State and local
public safety personnel at the hazardous devices school and to
acquire advanced tools, crime scene gear, and related
materials; (16) $370,000 to enhance criminal profiling for
crimes involving terrorists and organizations that use
chemical/biological/ nuclear materials, bombs, and arson; (17)
$1,400,000 for development and deployment of a hazardous
response forensic database; (18) $6,970,000 for upgraded
security at FBI field offices; (19) $3,826,000 to expand the
lookout/surveillance program to monitor State sponsors of
terrorism; (20) $9,500,000 for grants to States authorized
under the Antiterrorism and Effective Death Penalty Act of 1996
to establish, develop, update, or upgrade computerized
identification systems that are compatible with NCIC, DNA
forensic laboratories, and IAFIS; and (21) $5,500,000 for the
FBI's Combined DNA Index System. The FBI should consider State
and local automation and forensic projects as outlined in the
House and Senate reports when providing grants to States for
Identification Systems and DNA laboratories and should not
provide ballistics imaging equipment to State or local
authorities who have obtained similar equipment through another
Federal grant or subsidy unless those State and local
authorities have returned the equipment or repaid the grant or
subsidy to the Federal government. In addition, the conference
agreement assumes that the FBI and Secretary of State will
provide a plan, as stated in the House report, to ensure that
Consular Offices will have access to information currently
available to the FBI to prevent the illegal entry of criminals
and terrorists into the United States.
Violent Crime and Anti-Drug Initiative.--The conference
agreement also provides $66,572,000 to enhance the FBI's
capability to combat violent crime and drugs and to provide
vital assistance to State and local law enforcement officers,
including: (1) $14,289,000 and 75 agents to support a joint
FBI/DEA investigative initiative targeting Mexican Drug
Trafficking Organizations; (2) $5,734,000 to expand and support
the FBI's Safe Streets Task Forces which focus on street gangs
and drug-related violence; (3) $8,250,000 for continuation of
the NCIC 2000 project, including enhancements to add a Deported
Felon file and a Protective Order file to this system; (4)
$20,240,000 for the establishment of the National Instant
Criminal Background Check system for handgun purchases; (5)
$4,000,000 for State and local training and investigative
assistance; (6) $8,334,000 to replace agent vehicles; and (7)
$5,725,000 for wireless radio communications.
The conference agreement also includes $3,327,000 to
address Freedom of Information and Privacy Act backlogs.
NCIC 2000.--The conference agreement adopts the
recommendation included in the Senate report regarding baseline
requirements of the NCIC 2000 system. This project, which is of
vital importance to law enforcement personnel, has been delayed
by over three and one half years and has required over
$100,000,000 in additional resources above the original
projected cost. The FBI has informed the Committees on
Appropriations of both the House and Senate that an additional
$30,000,000, above amounts provided to date, will be required
to complete this project by August 1999. The conference
agreement assumes that this funding will be provided from
unobligated balances that will be transferred from the FBI to
the Department of Justice Working Capital Fund in fiscal year
1997. In addition, the conference agreement provides $8,250,000
to add two new files to the system. In order to ensure that
further delays and cost increases do not occur, the conference
agreement supports the recommendation included in the Senate
report, that these files are to be the last changes to the
system until NCIC 2000 is fully operational and that any
further cost over-runs are to be absorbed within the operating
budget of the FBI, subject to the reprogramming procedures
outlined in section 605 of this Act. In addition, the FBI is
directed to continue to provide quarterly status reports on
this project and the performance of the contractor.
Integrated Automated Fingerprint Identification System
(IAFIS).--Similarly, it is noted that the IAFIS project is
currently $119,500,000 over budget and more than one year
behind schedule. The conference agreement adopts the
recommendation included in the Senate report requiring that
further cost over-runs for the IAFIS project are to be funded
from FBI base resources, subject to the reprogramming
requirements outlined in section 605 of this Act. The
conference agreement includes bill language which allows
$98,400,000 of resources provided to the FBI to remain
available until expended. Of this amount, the conference
agreement assumes that $84,400,000 will be used for expenses
related to automation of fingerprint identification services.
In addition, the FBI is directed to continue to provide
quarterly status reports on this project to the Committees on
Appropriations of both the House and Senate.
Use of Unexpended Fiscal Year 1996 Funds.--As highlighted
in the Senate report, the FBI had unexpended balances of
$40,700,000 from 1996 resources and funds provided in the 1995
Counterterrorism Supplemental Appropriation, largely as a
result of hiring delays. The Senate report directed that these
funds be used for counterterrorism activities and to cover cost
over-runs for the NCIC 2000 and IAFIS projects. The conference
agreement assumes that $17,100,000 of these funds will be used
for certain counterterrorism activities related to ongoing
investigations in Saudi Arabia and in connection with the TWA
Flight 800 investigation and the Olympic park bombing,
$12,300,000 of these funds are to be deposited into the
Telecommunications Carrier Compliance Fund for digital
telephony requirements, and $11,400,000 will be used to meet
other operational requirements of the FBI in 1996.
The conference agreement also includes a provision,
included in the Senate-reported bill, that freezes legislative
and public affairs staffing in this account at fiscal year 1995
levels. It is noted that the level of staffing in this
provision does not include employees assigned to the FBI Tour
and Indoor Firearms Range Unit or the Executive, Congressional
and Public Constituent Services Unit. The services provided by
these units are considered to be legislative and public affairs
activities under the provision contained in the conference
agreement.
Telecommunications Carrier Compliance Fund
The conference agreement provides $60,000,000 to be
deposited into the Telecommunications Carrier Compliance Fund,
established under section 110 of this Act, for making payments
to telecommunications carriers, equipment manufacturers, and
providers of telecommunications support services to implement
technology changes under the Communications Assistance for Law
Enforcement Act (CALEA).
The funds provided in the conference agreement are
designated by the 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, and are available as
emergency spending only to the extent that the President also
designates these funds as emergency requirements.
Both the House and Senate-reported bills included a
provision under section 110, which provided for the
establishment of a Telecommunications Carrier Compliance Fund,
that would authorize agencies with law enforcement and
intelligence responsibilities to transfer unobligated balances
into this Fund, subject to applicable reprogramming
requirements, for the purpose of providing reimbursement to
telecommunications carriers, in lieu of direct appropriations
for this purpose.
However, the conference agreement recognizes the need to
provide ``start-up'' funds to address concerns that
implementation of CALEA was being delayed for two reasons: (1)
the lack of an agreed upon plan between the telecommunications
industry, equipment manufacturers and the law enforcement
community and (2) funding for the industry to start developing
the ``solutions'' necessary to upgrade their systems. The
conference agreement provides these funds but requires the
Attorney General to develop and submit an implementation plan
for approval by the Committees on Appropriations and the
Judiciary of both the House and Senate before any of the funds
in the Fund are expended. The Senate-reported bill did not
include the requirement for an implementation plan because of
concerns relating to provisions in the plan included in the
House bill. The conference agreement includes revised language
to address these concerns and maintains the requirement that an
implementation plan be developed before any expenditure of
funds. The modified plan requires that the Attorney General set
forth: (1) the law enforcement assistance capability
requirements and an explanation of law enforcement's
recommended interface; (2) the proposed actual and maximum
capacity requirements regarding the number of simultaneous law
enforcement communications intercepts, pen registers, and trap
and trace devices that authorized agencies may seek, including
a detailed county by county listing of proposed actual and
maximum capacity requirements; (3) a prioritized list of
embedded base technologies to be modified by carriers; and (4)
a projected reimbursement plan that estimates for each fiscal
year based upon the prioritization, the costs of modifications
by carriers. The conferees agree that in addition to the above
implementation plan, the Attorney General shall develop, in
consultation with the industry, and provide to the Committees
on Appropriations and the Judiciary by June 30, 1997, an
estimate of reasonable costs of modifications to carrier
equipment, facilities, and services, based on law enforcement
assistance capability and capacity requirements.
In addition, the conference agreement includes the
requirement for an annual report to be submitted to Congress by
the Attorney General, which details all deposits and
expenditures from the Telecommunications Carrier Compliance
Fund made pursuant to CALEA.
CONSTRUCTION
The conference agreement includes $41,639,000 in direct
appropriations for Construction for the Federal Bureau of
Investigation (FBI), instead of $55,676,000 in direct funding
as proposed in the House bill and $28,144,000 from the Violent
Crime Reduction Trust Fund as proposed in the Senate-reported
bill.
The conference agreement provides for the following: (1)
$1,287,000 for completion of FBI Academy Upgrades included in
1996 and (2) $40,352,000 as the second installment toward
completion of the FBI Forensic Laboratory at Quantico. The
conference agreement also adopts the recommendation included in
the Senate report, to withhold funding necessary to complete
the laboratory, based on initial cost estimates, and require
the Department of Justice to review current design options and
submit a construction plan with cost estimates and a time line
for completion of this project to the Committees on
Appropriations of both the House and Senate by November 1,
1996.
Drug Enforcement Administration
salaries and expenses
The conference agreement includes $970,388,000 for the
salaries and expenses of the Drug Enforcement Administration
(DEA), instead of $976,038,000 as proposed in the House bill
and $924,000,000 as proposed in the Senate-reported bill, of
which $220,000,000 is provided from the Violent Crime Reduction
Trust Fund (VCRTF), instead of $243,000,000 as proposed in the
House bill and $165,000,000 as proposed in the Senate-reported
bill. Of the total amount provided, $5,000,000 is designated by
the Congress and the President as emergency requirements
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended. In addition
to amounts appropriated, the conference agreement assumes that
$52,824,000 will be available from the Diversion Control Fund
for diversion control activities. This statement of managers
reflects the agreement of the conferees on how the funds
provided in the conference report are to be spent.
Source Country/International Strategy.--The conference
agreement adopts the recommendation in the House report, to
significantly expand DEA's current supply reduction effort by
restoring successful international drug control programs to
1992 levels. Program increases for this initiative include the
following: (1) $20,000,000 to support Vetted Units in Peru,
Colombia, Bolivia and Mexico; (2) $5,000,000 for DEA
enforcement personnel to support Operation Gateway; (3)
$22,858,000 and 75 agents to increase on-site DEA agents in
source countries, as outlined in the House report, to provide
equipment and support to augment the intelligence effort, and
to train and work with newly emerging vetted units; (4)
$2,000,000 for DEA human intelligence, communications equipment
and maintenance costs for the Peru riverine strategy; (5)
$10,000,000 to restart the Andean initiative in Bolivia and
Peru; and (6) $632,000 and 2 agents to establish a country
office in Pretoria, South Africa. As stated in the House
report, DEA is directed to submit a quarterly report, beginning
with the first quarter of fiscal year 1997, that provides
investigative workhours and funding, by type, within major drug
source and transit countries, delineated by country and
function.
Southwest Border Initiative.--To support counter-drug
efforts on the Southwest border, where over 70 percent of all
drugs enter the United States, the conference agreement
provides the following program increases: (1) $9,000,000 for a
cooperative effort with the FBI to penetrate command and
control communications of Mexican drug trafficking
organizations; (2) $8,131,000 and 50 agents for investigations
from Title III wire intercepts; (3) $4,133,000 to support a
classified intelligence research project; and (4) $2,394,000
and 4 agents and 15 diversion investigators to focus on
methamphetamine activity on the Southwest border.
Domestic Enforcement and Infrastructure Enhancements.--
The conference agreement includes additional resources to
support domestic counter-drug activities, including critically-
needed support to State and local law enforcement, who are on
the front lines of the fight against drug and gang-related
violence. Included are the following program increases: (1)
$10,900,000 to add 130 more special agents to DEA domestic
field offices to support Mobile Enforcement Teams (MET),
including $4,000,000 for a new METs initiative focused on drug
problems in rural areas and $1,000,000 for METs focused on
methamphetamine-related problems; (2) $3,500,000 for marijuana
eradication activities; (3) $1,500,000 for investigative
equipment; (4) $8,000,000 for wireless radio communications
equipment; (5) $1,000,000 for aircraft replacement; and (6)
$5,000,000 for replacement vehicles.
The conference agreement also includes a provision,
included in the Senate-reported bill, that freezes legislative
and public affairs staffing in this account at fiscal year 1995
levels.
construction
The conference agreement includes $30,806,000 in direct
appropriations for Construction for the Drug Enforcement
Administration (DEA), instead of $36,306,000 from the Violent
Crime Reduction Trust Fund as proposed in the Senate-reported
bill and no funding as proposed by the House.
The conference agreement provides for the following: (1)
$1,500,000 for the highest priority renovation and upgrade
needs at DEA's current forensic laboratory facilities, and (2)
$29,306,000 to complete the Justice Training Center to be
located at the FBI Academy at Quantico, VA. As stated in the
Senate report, the conference agreement adopts the
recommendation that any increase in construction costs above
the amounts provided for the Justice Training Center are to be
absorbed within base DEA operations.
Immigration and Naturalization Service
salaries and expenses
(including transfer of funds)
The conference agreement includes $2,105,159,000 for the
salaries and expenses of the Immigration and Naturalization
Service (INS), instead of $2,167,782,000 as proposed in the
House bill and $1,973,625,000 as proposed in the Senate-
reported bill, of which $500,000,000 is provided from the
Violent Crime Reduction Trust Fund (VCRTF), instead of
$500,168,000 as proposed in the House bill and $539,476,000 as
proposed in the Senate-reported bill. Of the total amount
provided, $15,000,000 is designated by the Congress and the
President as emergency requirements pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended. In addition to amounts
appropriated, the conference agreement assumes that
$975,774,000 will be available from offsetting fee collections,
instead of $919,285,000 as proposed by the House and
$1,029,991,000 as proposed by the Senate-reported bill. Thus,
including resources provided under construction, the conference
agreement provides a total operating level of $3,090,774,000
for INS, instead of $3,096,908,000 as proposed by the House,
$3,009,157,000 as proposed by the Senate-reported bill, and
$3,081,908,000 as requested by the Administration. This
statement of managers reflects the agreement of the conferees
on how the funds provided in the conference report are to be
spent.
Border control.--The conference agreement includes: (1)
$121,426,000 for 1,000 new border patrol agents and 136 support
personnel, instead of 700 new agents as requested by the
Administration; (2) $27,093,000 for infrared scopes, low light
television systems, sensors and the replacement of three
helicopters, including upgraded forward-looking infrared
systems; (3) $12,300,000 for 150 new land border inspectors for
the Southern border; (4) $1,000,000 to pilot an automated
arrival/departure system for pedestrian crossers; (5)
$5,000,000 for anti-smuggling and field intelligence activities
both domestic and overseas; (6) $5,000,000 for expansion of the
interior repatriation program started in San Diego this fiscal
year; and (7) $1,243,000 for management support of border
enforcement activities. The conference agreement provides
$7,000,000 more than requested for additional investments in
force-multiplying technology to be deployed along the Southwest
border. As stated in the Senate report, allocation of these
additional resources is subject to the reprogramming procedures
outlined in section 605 of this Act and within the overall
amount recommended for border automation and technology, INS
should examine the use of Smart Multisensor Acquisition and
Remote Transmitting System (SMARTS) technology, a network of
sensor packages and communication repeaters that can monitor
large, sparsely populated regions of the U.S./Mexico border,
thermal imaging sensor upgrades for Border Patrol helicopters,
and a prototype interagency enforcement program at the Otay
Mesa Port of Entry. In addition, the conference agreement
assumes that the San Clemente checkpoint will be operated in
accordance with the provision in the bill and the House report.
Detention and Removal of Deportable Aliens.--The
conference agreement provides over $70,000,000 more than
requested by the Administration because the current shortage of
detention space has forced INS to release illegal criminal and
non-criminal aliens, who would otherwise be deported. Program
increases of $114,322,000 are provided in accordance with the
House report and include over 2,700 detention beds, and
$10,000,000 to address the deportation of terrorists requested
in the Administration's September 12, 1996 budget amendment. As
outlined in the House and Senate reports, the INS is directed
to submit a quarterly report on removals beginning no later
than January 1, 1997.
Infrastructure.--The conference agreement also includes
$50,583,000 for infrastructure improvements, including: (1)
$16,250,000 for replacement of obsolete radios, weapons and
body armor; (2) $14,000,000 for replacement of vehicles and
buses; (3) $15,253,000 for 104 additional field administrative
and contract support personnel, 7 internal audit positions, and
training for new automated systems; and (4) $5,380,000 for
training to support long-range career development of journeymen
employees.
The conference agreement adopts recommendations included
in the House and Senate reports with regard to deployment of
resources, INS management reforms, exit control strategy, and
increased cooperation of illegal immigration enforcement on
Federal lands. Furthermore, the INS is reminded that the
opening and closing of offices not identified and provided for
in this Act, is subject to the reprogramming requirements in
section 605 of this Act.
The conference agreement also includes a provision that
provides the level of staffing included for the offices of
legislative and public affairs. Also included is technical
language included in the Senate-reported bill, that allows
prior year balances from the Community Relations Service, Cuban
and Haitian Resettlement Program, to be transferred to INS.
Offsetting Fee Collections
The conference agreement assumes that $975,774,000 will
be available from offsetting fee collections for INS, instead
of $919,285,000 as proposed by the House and $1,029,991,000 as
proposed by the Senate-reported bill, to support activities
related to the legal admission of persons into the United
States. These activities are supported entirely by fees paid by
persons who are either traveling internationally or are
applying for immigration benefits. The following increases are
recommended:
Immigration Examinations Fees.--The conference agreement
assumes $567,550,000 of spending from the Immigration
Examinations Fee account, instead of $511,061,000 as proposed
by the House bill and $586,800,000 as proposed by the Senate-
reported bill. The level provided in the conference agreement
assumes that $56,489,000 of carryover available in this account
will be used to support $29,567,000 currently provided under
the Violent Crime Reduction Trust Fund (VCRTF) for expenses in
the citizenship and benefits budget activity related to asylum
processing, and $26,922,000 currently provided under the VCRTF
for automation programs and infrastructure for exams-related
projects. It is noted that INS has over $225,000,000 in
unobligated resources that will carryover into fiscal year 1997
in the Examinations Fee Account. The conference agreement
adopts the recommendation similar to that included in the
Senate report, to transfer base funding to the Immigration
Examinations Fee account by transfering the above-mentioned
adjudication-related activities from the VCRTF base funding to
the Immigration Examinations Fee account, in order to free up
additional resources for higher priority border control,
deportation and detention initiatives.
In addition, the conference agreement assumes the
following program increases for this account: (1) $3,597,000 to
continue temporary staffing in Miami, New York, Chicago, Los
Angeles and San Francisco to handle naturalization caseload;
(2) $2,246,000 to continue temporary staffing in Miami, Newark,
New York, Los Angeles and San Francisco to handle adjustment of
status case processing; (3) $3,600,000 for FBI fingerprint
checks; (4) $2,217,000 to fund court costs for naturalization
ceremonies; (5) $6,591,000 to support the Service Center Direct
Mail Records contract; and (6) $4,819,000 to continue the pilot
records contract currently ongoing in the Miami, Los Angeles,
and Chicago District offices.
Inspections User Fees.--The conference agreement assumes
$388,664,000 of spending from the Inspections User Fee account
as proposed in the House bill, instead of $423,631,000 as
proposed in the Senate-reported bill. All requested airport
inspections staffing increases were fully funded in both the
House and Senate reports. Funding is provided in accordance
with the House report.
Land Border Inspections Fees.--The conference agreement
includes $11,054,000 in spending from the Land Border
Inspection Fund, as proposed in both the House and Senate-
reported bills, and assumes funding in accordance with the
House and Senate reports.
construction
The conference agreement includes $9,841,000 for
construction for INS as proposed in the House bill, instead of
$5,541,000 as proposed in the Senate-reported bill. The
conference agreement assumes funding is provided in accordance
with the House report.
Federal Prison System
salaries and expenses
The conference agreement includes $2,793,540,000 for the
salaries and expenses of the Federal Prison System as proposed
in the Senate-reported bill, instead of $2,798,040,000 as
proposed by the House bill. Of this amount, the conference
agreement provides that $25,224,000 will be derived from the
Violent Crime Reduction Trust Fund (VCRTF), as proposed by both
the House and Senate-reported bills. The conference agreement
also assumes that in addition to amounts appropriated,
$90,000,000 will be available from unobligated balances from
the prior year as proposed in the Senate-reported bill, instead
of $50,000,000 as assumed in the House bill. The amount
provided is the full amount required to activate all facilities
that are scheduled to open in 1997 and is to be used for the
purposes set forth in the House and Senate reports, including
activations and expansions of prisons at the following
locations: Beaumont, Texas; Edgefield, South Carolina; Seattle,
Washington; and Elkton, Ohio. In addition, the conference
agreement adopts the recommendation included in the House
report regarding the Prime Vendor Assistance Program and the
recommendation included in the Senate report on privatization
of the Federal prison in Taft, California.
Buildings and Facilities
The conference agreement includes $395,700,000 for
construction, modernization, maintenance and repair of prison
and detention facilities housing Federal prisoners as proposed
by the House, instead of $385,700,000 as proposed in the
Senate-reported bill. The conference agreement assumes funding
is provided in accordance with the House report and supports
the Senate report language regarding the detention facility in
Hawaii.
Federal Prison Industries Incorporated
(limitation on administrative expenses)
The conference agreement includes a limitation on
administrative expenses of $3,042,000 for the Federal Prison
Industries, as proposed in both the House and Senate-reported
bills, and assumes funding is provided in accordance with the
House and Senate reports.
Office of Justice Programs
justice assistance
The conference agreement includes $118,429,000 for
Justice Assistance, instead of $105,000,000 as proposed in the
House bill and $101,629,000 as proposed in the Senate-reported
bill. Of the amount provided, $17,000,000 is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and amounts above the request
are available as emergency spending only to the extent that the
President also designates these funds as emergency
requirements. The conference agreement provides the following:
National Institute of Justice........................... $31,429,000
Defense/Law Enforcement Technology Network...... (9,229,000)
Counterterrorism Technologies........................... 10,000,000
Grants to Firefighters/Emergency Service Personnel...... 5,000,000
State and Local Training--Counterterrorism.............. 2,000,000
Bureau of Justice Statistics............................ 21,379,000
Missing Children........................................ 5,971,000
Regional Information Sharing System..................... 14,500,000
White Collar Crime Information Center................... 3,850,000
Management and Administration........................... 24,300,000
--------------------------------------------------------
____________________________________________________
Total....................................... 118,429,000
National Institute of Justice. (NIJ).--In addition to the
above amount, $20,000,000 will be provided to NIJ in fiscal
year 1997 from the Local Law Enforcement Block Grant for
assisting units of local government to identify, select,
develop, modernize, and purchase new technologies for use by
law enforcement. The conference agreement adopts the
recommendation in the House report, that provides that within
the overall amount provided to NIJ, the Office of Justice
programs is expected to provide $11,500,000 for the Southwest
Border States Anti-Drug Information System, $3,500,000 for
Facial Recognition Technology, $1,000,000 for a national study
on the health care status of soon-to-be-released inmates, and
an appropriate level of resources to be transferred to the FBI
for continued operations of the Center of Advanced Support in
Technology for Law Enforcement. In addition, as stated in the
Senate report, the allowed use of the remaining funds in this
program should be modified to include counterterrorism
technologies, computerized identification systems, and forensic
DNA analysis technologies as outlined in sections 811 and 821
of the Antiterrorism and Effective Death Penalty Act of 1996.
OJP is also expected to submit quarterly reports on funding for
activities within NIJ and to utilize NIJ employees for
oversight of the Office of Law Enforcement Technology
Commercialization, as stated in the House report.
Defense/law enforcement technology transfer.--The
conference agreement provides $7,800,000 to assist the NIJ in
its efforts to adopt technologies for law enforcement purposes.
Within this amount, $5,000,000 is provided for continuation of
the law enforcement technology center network and $2,800,000 is
provided to continue the technology commercialization
initiative at the National Technology Transfer Center. In
addition, to ensure adequate oversight of the joint
departmental initiative, $1,429,000 is provided for management
by NIJ personnel.
Counterterrorism Technologies.--The conference agreement
provides $10,000,000 for counterterrorism technology programs
authorized under section 821 of the Antiterrorism and Effective
Death Penalty Act of 1996. These funds are designated by the
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, and are available as emergency
spending only to the extent that the President also designates
these funds as emergency requirements. The House bill included
funding for these programs within amounts provided to NIJ from
the Local Law Enforcement Block Grant. The Senate bill included
funding for these programs under State and Local Law
Enforcement Assistance, Violent Crime Reduction Programs.
Grants to Firefighters and Emergency Services
Personnel.--The conference agreement provides $5,000,000 for
local firefighter and emergency service training grants as
authorized under section 819 of the Antiterrorism and Effective
Death Penalty Act of 1996. These funds are designated by the
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, and are available as emergency
spending only to the extent that the President also designates
these funds as emergency requirements. The House bill included
funding for these programs within amounts provided in this
account. The Senate bill included funding for these programs
under State and Local Law Enforcement Assistance, Violent Crime
Reduction Programs.
State and local Antiterrorism Training.--The conference
agreement provides $2,000,000 as requested in the
Administration's recent budget amendment, for State and local
law enforcement training to address antiterrorism preparedness.
These funds are designated by the Congress and the President as
emergency requirements pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
Missing children.--The conference agreement provides
$5,971,000 for the Missing Children Program as proposed by both
the House and Senate-reported bills.
National White Collar Crime Center.--The conference
agreement includes $3,850,000 for the National White Collar
Crime Center as proposed by both the House and Senate-reported
bills.
Management and administration.--The conference agreement
provides $24,300,000 and 300 FTE for Management and
Administration expenses of the Office of Justice Programs as
proposed in both the House and Senate-reported bills. In
addition, reimbursable funding from VCRTF programs and
Community Oriented Policing Services and a transfer from the
Juvenile Justice account, will be provided for the
administration of grants under these activities. Total funding
for the administration of grants assumed in the conference
agreement is as follows:
------------------------------------------------------------------------
Amount FTE
------------------------------------------------------------------------
Direct Appropriation............................. $24,300,000 300
Transfer from Juvenile Justice programs.......... 4,800,000 71
Reimbursement from VCRTF......................... 32,325,000 286
Reimbursement from COPs.......................... 2,500,000 23
----------------------
Total........................................ 64,025,000 680
------------------------------------------------------------------------
state and local law enforcement assistance
The conference agreement includes $2,397,150,000 for
State and Local Law Enforcement Assistance instead of
$2,434,900,000 as proposed in the House bill and $2,304,100,000
as proposed in the Senate-reported bill. Of this amount, the
conference agreement provides that $2,036,150,000 shall be
derived from the Violent Crime Reduction Trust Fund (VCRTF),
instead of $2,119,900,000 as proposed in the House bill and
$1,944,100,000 as proposed in the Senate-reported bill.
The conference agreement provides for the following
programs from direct appropriations and the VCRTF:
Direct Appropriation:
Byrne Discretionary Grants.......................... $60,000,000
Byrne Formula Grants................................ 301,000,000
--------------------------------------------------------
____________________________________________________
Total Direct Appropriations............................. 361,000,000
========================================================
____________________________________________________
Violent Crime Reduction Trust Fund:
Byrne Formula Grants................................ 199,000,000
Local Law Enforcement Block Grant................... 523,000,000
Boys and Girls Clubs............................ (20,000,000)
Drug Courts......................................... 30,000,000
Upgrade Criminal History Records (Brady Bill)....... 50,000,000
State Prison Grants................................. 670,000,000
Cooperative Agreement Program................... (12,500,000)
Alien Incarceration............................. (170,000,000)
State Criminal Alien Incarceration Program.......... 330,000,000
Violence Against Women Act Grants................... 196,500,000
State Prison Drug Treatment......................... 30,000,000
DNA Identification Grants........................... 3,000,000
Law Enforcement Family Support Programs............. 1,000,000
Senior Citizens Against Marketing Scams............. 2,000,000
Motor Vehicle Theft Prevention...................... 750,000
Missing Alzheimer's Patient Program................. 900,000
--------------------------------------------------------
____________________________________________________
Total, Violent Crime Reduction Trust Fund... 2,036,150,000
Edward Byrne grants to States.--The conference agreement
provides $560,000,000 for the Edward Byrne Memorial State and
Local Law Enforcement Assistance Program, of which $60,000,000
is for discretionary grants and $500,000,000 is provided for
formula grants under this program. The amount provided in the
conference agreement includes an additional $25,000,000 as
proposed by the House, to allow States to implement drug
testing initiatives.
Byrne discretionary grants.--The conference agreement
provides $60,000,000 for discretionary grants under Chapter A
of the Edward Byrne Memorial State and Local Assistance
Program, as proposed in both the House and Senate-reported
bills. Within the amount provided, the conferees expect the
Bureau of Justice Assistance (BJA) to provide:
$28,500,000 for the Weed and Seed program;
$4,000,000 for the National Crime Prevention
Council to continue and expand the National Citizens
Crime Prevention Campaign (McGruff);
$1,750,000 to continue and expand the Drug Abuse
Resistance Education (DARE AMERICA) program;
$2,000,000 for continued funding for the Washington
Metropolitan Area Drug Enforcement Task Force;
$775,000 for Project Return, a correctional options
program;
$1,000,000 for continued funding for the National
Judicial College;
$1,000,000 to SEARCH Group, Inc. to continue and
expand the National Technical Assistance Program, which
provides support to State and local criminal justice
agencies to improve their use of computers and
information technology; and
$1,000,000 for the National Motor Vehicle Title
Information System, authorized by the Anti-Car Theft
Improvement Act, to begin pilot implementation and
complete network infrastructure.
Within the available resources the conferees also urged
BJA to favorably consider funding for the trauma reduction
initiative, the victim information and notification everyday
(VINE) system, the National Night Out Program, establishment of
a Violence Institute and the community security program of the
Local Initiative Support Corporation, as stated in the House
and Senate reports.
In addition, the conferees recommend that the Department
of Justice consider submission of a reprogramming to continue
support for State and local task forces to address church
burnings.
violent crime reduction trust fund programs
Local Law enforcement block grant.--The conference
agreement includes $523,000,000 for the Local Law Enforcement
Block Grant program, instead of $571,000,000 as proposed by the
House and $503,000,000 as proposed by the Senate-reported bill,
in order to continue the commitment to provide local
governments with the resources and flexibility to address
specific crime problems in their communities with their own
solutions. Within the amount provided, the conference agreement
includes language providing $20,000,000 to the Boys and Girls
Clubs of America. Funding provided for drug courts is included
under a separate account, instead of under this account as
proposed by the House.
Drug Courts.--The conference agreement includes
$30,000,000 for drug courts under a separate account, instead
of requiring a reprogramming of $18,000,000 from the Local Law
Enforcement Block Grant as proposed in the House bill, or a
reprogramming of $20,000,000 from the Community Oriented
Policing Services Program, as proposed in the Senate-reported
bill.
Violence Against Women Act programs.--The conference
agreement includes $197,500,000 for grants to support the
Violence Against Women Act of which $196,500,000 is provided
under this account and $1,000,000 is provided under the U.S.
Attorneys, as proposed in both the House and Senate-reported
bills. Grants provided under this account are for the following
programs:
General Grants.......................................... $145,000,000
Victims of Child Abuse Programs:
Court-Appointed Special Advocates................... 6,000,000
Training for Judicial Personnel..................... 1,000,000
Grants for Televised Testimony...................... 550,000
Grants to Encourage Arrest Policies..................... 33,000,000
Rural Domestic Violence................................. 8,000,000
National Stalker and Domestic Violence.................. 1,750,000
Training Programs....................................... 1,000,000
Study on Campus Sexual Assault.......................... 200,000
--------------------------------------------------------
____________________________________________________
Total....................................... 196,500,000
National Instant Criminal Background Check System.--The
conference agreement provides $50,000,000, as proposed in both
the House and Senate-reported bills, for States to upgrade
criminal history records as required under the Brady Bill. In
addition, $20,240,000 is included in the conference agreement
under the FBI to complete development of the National Instant
Criminal Background Check System, as proposed by both the House
and Senate-reported bills.
State prison grants.--The conference agreement provides
$670,000,000 for State Prison Grants, instead of $680,000,000
as proposed in the House bill and $630,000,000 as proposed in
the Senate-reported bill. Of the amount provided, $170,000,000
is available to States for the incarceration of criminal aliens
and $12,500,000 is for the Cooperative Agreement Program, as
proposed in both the House and Senate-reported bills. The
conference agreement also includes language proposed in the
House bill that allows California to use funds provided under
the State Prison Grant program to support the cost of
incarcerating criminal aliens. In addition, the conference
agreement includes new language, not proposed in the House or
Senate-reported bills, that requires that beginning in fiscal
year 1999, a State cannot receive a grant under this program
unless it has implemented a program of drug testing for certain
convicted offenders.
State Criminal Alien Assistance Program.--The conference
agreement provides $330,000,000 for the State Criminal Alien
Assistance Program for reimbursement to States for the costs of
incarceration of criminal aliens, as proposed by both the House
and Senate. In addition to this amount the conference agreement
also provides $170,000,000 for this purpose under the State
Prison Grants program. Thus, the conference agreement includes
a total of $500,000,000 for reimbursement to States for alien
incarceration, as proposed in both the House and Senate-
reported bills.
Substance Abuse Treatment for State Prisoners.--The
conference agreement includes $30,000,000 for substance abuse
treatment programs within State and local correctional
facilities, instead of $35,000,000 as proposed by the House and
$29,700,000 as proposed in the Senate-reported bill.
State Courts Assistance Program.--The conference
agreement does not include $5,000,000 in funding under the
State Courts Assistance program, as proposed in the House bill,
but instead provides funding for State court programs under the
State Justice Institute as proposed in the Senate-reported
bill.
DNA Identification State grants.--The conference
agreement includes $3,000,000 for DNA Identification State
Grants, as proposed by both the House and Senate-reported
bills. Within the amount made available under this program and
in conjunction with State grants for this purpose under the
FBI, the conferees expect the Office of Justice Programs and
the FBI to examine proposals to establish a South Carolina
State DNA identification record database and a Center for
Forensic Science Standards, including an arson and explosion
reference laboratory in Central Florida, and provide grants, if
warranted.
Law Enforcement Family Support Programs.--The conference
agreement includes $1,000,000 for law enforcement family
support programs, as proposed by the House, instead of no
funding as proposed in the Senate-reported bill.
Senior Citizens Against Marketing Scams.--The conference
agreement includes $2,000,000 for programs to assist law
enforcement in preventing and stopping marketing scams against
senior citizens, as proposed in the House bill, instead of no
funding as proposed in the Senate-reported bill.
Motor vehicle theft prevention.--The conference agreement
includes $750,000 for grants to combat motor vehicle theft,
instead of $500,000 as proposed in the House bill and
$1,000,000 as proposed in the Senate-reported bill.
Safe Return Program.--The conference agreement includes
$900,000 for the Missing Alzheimer's Patient Program, as
proposed in both the House and Senate-reported bills.
The conference agreement adopts the recommendation
included in the Senate report which directs the Attorney
General, to the extent possible to ensure that State, local,
and Indian tribal criminal justice agency technology grant
proposals include technology that is compatible with or can
interface with other national law enforcement and criminal
justice information systems being developed, in particular,
NCIC 2000, the National Instant Background Check System, the
national incident-based reporting system, and DRUGFIRE.
weed and seed program fund
The conference agreement includes $28,500,000 for the
Weed and Seed program from discretionary grants under the
Edward Byrne Memorial State and Local Law Enforcement
Assistance Programs, as proposed by both the House and Senate-
reported bills.
Community Oriented Policing Services
violent crime reduction programs
The conference agreement includes $1,400,000,000 for the
Community Oriented Policing Services (COPs) program, as
proposed by both the House and Senate-reported bills. In
addition to this amount, the conference agreement provides
$20,000,000 for the Police Corps program as proposed by the
Senate-reported bill, instead of $10,000,000 as proposed by the
House bill.
The conference agreement does not include provisions
included in the House bill, which would have directed
$71,000,000 of the funds provided to be used to support local
police officers participating on DEA task forces and
$30,500,000 of the funds to be used to enhance grants available
to States to develop innovative and community policing
initiatives designed to address youth violence and juvenile
crime.
The conference agreement also does not include provisions
included in the Senate-reported bill, which would have allowed
$20,000,000 of the funds provided to be used for drug courts
and $42,500,000 of the funds to be used for drug testing
initiatives, subject to reprogramming procedures in section 605
of the Act.
The conference agreement has not included these non-
hiring initiatives in order to address the Administration's
concern that sufficient funding be provided to maintain the
commitment to hiring 100,000 new police officers. Thus, funding
provided in this Act is to be used only for police hiring
grants, which include grants under the Universal Hiring Program
and the COPs MORE program. Funds available from prior year
carryover may be used for innovative community policing
programs, subject to the reprogramming requirements in section
605 of this Act. The conference agreement has provided
sufficient funding under other programs to support initiatives
such as training, overtime, innovative prevention programs and
technology enhancements, which should not be duplicated under
this program.
The conference agreement also includes a provision that
provides that not to exceed 186 positions, 174 workyears, and
$19,800,000 shall be expended for management and administration
of the COPs program, as proposed by the Senate-reported bill,
instead of 130 positions, 130 workyears, and $14,602,000, as
proposed in the House bill.
juvenile justice programs
The conference agreement includes $174,500,000 for
Juvenile Justice programs, instead of $149,500,000 as proposed
by the House and $158,500,000 as proposed by the Senate-
reported bill.
Juvenile justice and delinquency prevention.--Of the
total amount provided, $170,000,000 is for grants and
administrative expenses for Juvenile Justice and Delinquency
Prevention (JJDP) programs including:
1. $5,000,000 for the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) (Part A).
2. $86,500,000 for Formula Grants for assistance to State
and local programs (Part B). A provision is included that makes
$16,500,000 of the amount available for formula grants
available to States that have adopted policies (or will have in
effect not later than one year after date of application) and
programs that ensure that juveniles are subject to
accountability-based sanctions for every act for which they are
adjudicated delinquent.
3. $29,500,000 for Discretionary Grants for National
Programs and Special Emphasis Programs (Part C). Within the
amount provided for Part C discretionary grants, the conference
agreement adopts recommendations included in the House and
Senate reports that direct OJJDP to provide the following:
$2,300,000 to continue and expand the National
Council of Juvenile and Family Courts which provides
continuing legal education in family and juvenile law;
$1,000,000 for the Teens, Crime and the Community
program;
$2,300,000 for the Angel Gate Academy;
$1,900,000 for the National Institute for School/
Community Violence;
$1,500,000 for the Jimmy Ryce Law Enforcement
Training Center at the Center for Missing and Exploited
Children; and
$800,000 for the Suffolk County Police Athletic
League, a program that serves over 26,000 high-risk,
low-income youths.
In addition, the conference agreement also adopts
recommendations included in the House and Senate reports that
direct OJJDP to examine each of the following proposals, to
provide grants if warranted, and to report to the Committees on
Appropriations of both the House and Senate on its intentions
for each proposal: a grant to the Institute on Violence and
Destructive Behavior; a grant to the Parents Resource Institute
for Drug Education (PRIDE); a grant to the coalition for
juvenile justice; restorative justice challenge grants; a grant
to the Teen Night Out Program; a grant to a Kansas Juvenile
Intake and Assessment Center; a grant to Parents Anonymous,
Inc.; a grant to Project O.A.S.I.S.; a grant to Kids Peace
National Center for Kids; a grant to the Savannah Youth Futures
Authority; a grant to the Consortium on Children, Families, and
Law; and continued support for law-related education.
4. $12,000,000 to expand the Youth Gangs (Part D) program
which provides grants to public and private nonprofit
organizations to prevent and reduce the participation of at-
risk youth in the activities of gangs that commit crimes.
5. $10,000,000 for Discretionary Grants for State
Challenge Activities (Part E) to increase the amount of a
State's formula grant by up to 10 percent, if that State agrees
to undertake some or all of the ten challenge activities
designed to improve various aspects of a State's juvenile
justice and delinquency prevention program.
6. $7,000,000 for Juvenile Mentoring Program (Part G) to
reduce juvenile delinquency, improve academic performance, and
reduce the drop-out rate among at-risk youth through the use of
mentors by bringing together young people in high crime areas
with law enforcement officers and other responsible adults who
are willing to serve as long-term mentors.
7. $20,000,000 for Incentive Grants for Local Delinquency
Prevention Programs (Title V), to units of general local
government for delinquency prevention programs and other
activities for at-risk youth.
In addition, the conferees urge OJJDP to pay particular
attention to intervention and crime prevention programs which
focus on addressing unique circumstances at Indian
reservations.
Victims of Child Abuse Act.--The conference agreement
includes $4,500,000 for the various programs authorized under
the Victims of Child Abuse Act (VOCA), as proposed in both the
House and Senate-reported bills. In addition, funding of
$7,000,000 is provided for Victims of Child Abuse programs
under the Violence Against Women Programs funded by the Violent
Crime Reduction Trust Fund. The following programs are included
in the recommendation:
$4,500,000 to Improve Investigations and Prosecutions
(Subtitle A) as follows:
$500,000 to establish Regional Children's Advocacy
Centers, as authorized by section 213 of VOCA;
$2,000,000 to establish local Children's Advocacy
Centers, as authorized by section 214 of VOCA;
$1,500,000 for a continuation grant to the National
Center for Prosecution of Child Abuse for specialized
technical assistance and training programs to improve
the prosecution of child abuse cases, as authorized by
section 214a of VOCA; and
$500,000 for a continuation grant to the National
Network of Child Advocacy Centers for technical
assistance and training, as authorized by section 214a
of VOCA.
public safety officers benefits
The conference agreement includes $2,200,000 for the
Public Safety Officers benefits as proposed by both the House
and the Senate-reported bills.
General Provisions--Department of Justice
The conference agreement includes the following general
provisions for the Department of Justice:
Sec. 101.--The conference agreement includes section 101
as proposed by both the House and Senate-reported bills, which
makes up to $45,000 of the funds appropriated to the Department
of Justice available for reception and representation expenses.
Sec. 102.--The conference agreement includes section 102
as proposed by both the House and Senate-reported bills, which
continues certain authorities for the Justice Department in
fiscal year 1997 that were contained in the Department of
Justice Authorization Act, fiscal year 1980.
Sec. 103.--The conference agreement includes section 103
as proposed by both the House and Senate-reported bills, which
prohibits the use of funds to perform abortions in the Federal
Prison System.
Sec. 104.--The conference agreement includes section 104
as proposed by both the House and Senate-reported bills, which
prohibits use of the funds to require any person to perform, or
facilitate the performance of, an abortion.
Sec. 105.--The conference agreement includes section 105
as proposed by both the House and Senate-reported bills, which
states that nothing in the previous section removes the
obligation of the Director of the Bureau of Prisons to provide
escort services to female inmates who seek to obtain abortions
outside a Federal facility.
Sec. 106.--The conference agreement includes section 106
as proposed by both the House and Senate-reported bills, which
allows the Department of Justice to spend up to $10,000,000 for
rewards for information regarding acts of terrorism against a
United States person or property at levels not to exceed
$2,000,000 per reward.
Sec. 107.--The conference agreement includes section 107
as proposed by both the House and Senate-reported bills, which
allows the Department of Justice, subject to reprogramming
procedures, to transfer up to 5 percent between any
appropriation, but limits to 10 percent the amount that can be
transferred into any one appropriation.
Sec. 108.--The conference agreement includes section 108
as proposed in the House and Senate-reported bills, that allows
balances remaining in the Assets Forfeiture Fund after
September 30, 1996 to be available to the Attorney General for
any authorized purpose of the Department of Justice.
Sec. 109.--The conference agreement includes section 109
as proposed in the Senate bill, and similar to language
included in the House bill, which restructures quarterly fee
payments for debtors under chapter 11 of the Bankruptcy Code,
and which allows all fees to be used as offsetting collections
to the U.S. Trustees Program and which amends a provision
included in the 1996 Appropriations Act, to clarify that fees
collected under post-confirmation status are to be assessed in
all pending chapter 11 cases.
Sec. 110.--The conference agreement includes section 110
which establishes the telecommunications carrier compliance
fund for payments to telecommunications carriers and equipment
manufacturers to implement technology changes required under
the Communications Assistance for Law Enforcement Act (CALEA),
as proposed by both the House and Senate. However, revisions
have been made to this language to address concerns over the
requirements set forth in the implementation plan and are
explained under the heading Federal Bureau of Investigation,
Telecommunications Carrier Compliance Fund.
Sec. 111.--The conference agreement includes section 111
as proposed by the House which states the sense of the Congress
with regard to the illegal importation of the drug Rohypnol.
Sec. 112.--The conference agreement includes section 111
as proposed by the Senate and changes the number to section
112, which allows funds available to States from the Victims of
Crime Fund to be available for expenditure over a two-year
period instead of one year, as provided in current law, and
allows $500,000 of funds available in the reserve fund held by
the Department of Justice, to be available to assist the
victims of the Oklahoma City bombing throughout the trial.
Sec. 113.--The conference agreement includes new
language, to replace language included in the Senate-reported
bill under section 112, which amends Section 732 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132). First, the provision expands the evaluation under
subsection (a) to include an evaluation and concurrent report
by the Secretary of the Treasury, in consultation with the
Attorney General, on the possible use and exploitation of
special technologies, such as ``vapor detection devices,
computer tomography, nuclear quadrupole resonance, thermal
neutron analysis, pulsed fast neutron-analysis, and other
technologies''. Because special technologies have developed and
advanced, this study directs the Secretary of the Treasury to
investigate and recommend to Congress a course of action on the
further study and possible use of these special technologies to
detect explosive devices before they can do any harm. Second,
the provision requires the Secretary of the Treasury to enter
into a contract with the National Academy of Sciences to
conduct a study of the feasibility of adding taggants to black
and smokeless powder. The study will be supervised by an
independent panel of five experts appointed by the Academy and
will consider six elements, each of which is important to
determining whether the possible use of taggants is both
desirable and feasible. Additionally, the study requires that
the Academy consult with Federal, State, and local officials,
non-governmental organizations, including national police
organizations, national sporting organizations and national
industry associations with expertise in this area, as well as
other individuals as the Academy deems necessary. The conferees
expect to have as broad and comprehensive a consultation
process as is practical. The Academy is required to present
this study to Congress, twelve months after the enactment of
these subsections, and both the study and any data used to
formulate the study are to be made publicly available. The
Congress may then take action on the matter in accord with its
usual procedure.
Sec. 114.--The conference agreement includes new
language, not included in the House or Senate-reported bills,
that allows the portion of an award payment associated with a
forfeiture to be paid for out of the permanent indefinite
appropriation of the Asset Forfeiture Fund and conforms these
expenses to the method of payment for other costs of
forfeiture.
Sec. 115.--The conference agreement includes new
language, not included in the House or Senate-reported bills,
which authorizes the Attorney General to reimburse employees
paid for under any appropriation account of the Department of
Justice for additional Federal, State and local income taxes
incurred as the result of extended temporary duty status when
traveling on behalf of the United States to investigate,
prosecute, or litigate a criminal or civil matter, or for other
similar special circumstances.
Sec. 116.--The conference agreement includes new
language, not included in the House or Senate-reported bills,
which provides the Attorney General with authorization to
accept gifts of personal property for the purpose of aiding or
facilitating the work of the Department of Justice and its
agencies.
Sec. 117.--The conference agreement includes new
language, not included in the House or Senate-reported bills,
which authorizes the Attorney General for fiscal year 1997, to
transfer certain forfeited properties to State and local
governments, or their designated contractor or transferee, for
public health, safety and welfare purposes. The conferees
expect the Attorney General to notify the Committees on
Appropriations of the House and Senate prior to the transfer of
properties under this provision.
Sec. 118.--The conference agreement includes new
language, not included in the House or Senate-reported bills,
which allows the Independent Counsel to extend by successive
six-month periods, the travel status of an employee and the
appropriate reimbursement of travel expenses.
Sec. 119.--The conference agreement includes new
language, not included in the House or Senate-reported bills,
which restores the public safety exemption under the Age
Discrimination in Employment Act, thereby allowing police and
fire departments to use maximum hiring ages and mandatory
retirement ages as elements of their overall personnel
policies.
Sec. 120.--The conference agreement includes new
language, not included in the House or Senate-reported bills,
which clarifies the original intent of a provision included in
the Violent Crime Control and Law Enforcement Act of 1994
concerning Federal rules of evidence in Federal sex offense
trials. The amendment ensures that evidence of a defendant's
prior sexual assaults is admissible in all Federal sex offense
trials conducted after the effective date (including cases
which were indicted before the effective date) established in
the 1994 Act.
Sec. 121.--The conference agreement includes new
language, not included in the House or Senate-reported bills,
to address the growing problem of child pornograhic materials
produced using new computer imaging and ``morphing''
technologies. Current law covers only materials produced using
actual children engaging in sexually explicit conduct. This
section amends U.S. Code Title 18, Section 2256, to establish a
specific statutory definition of child pornography. Under this
section, any visual depiction, such as a photograph, film,
videotape or computer image, which is produced by any means,
including electronically by computer, of sexually explicit
conduct will be classified as child pornography if: (a) its
production involved the use of a minor engaging in sexually
explicit conduct; (b) it depicts, or appears to depict, a minor
engaging in sexually explicit conduct; (c) it has been created,
adapted or modified to appear that an identifiable minor is
engaging in sexually explicit conduct; or (d) it is promoted or
advertised as depicting a minor engaging in sexually explicit
conduct. It would increase the penalties for child sexual
exploitation, child sexual abuse and child pornography
offenses, particularly for repeat offenders.
This section would also protect federal, state and local
governments, and state and local law enforcement officials,
from the threat of civil lawsuits and the awarding of damages
as the result of searches and seizures made in connection with
child pornography investigations or prosecutions. It does so by
extending current Privacy Protection Act (U.S. Code Title 42,
Section 2000aa) exceptions allowing certain searches and
seizures where the offense consists of the receipt, possession
or communication of information pertaining to the national
defense, classified information or restricted data to offenses
involving the production, possession, sale or distribution of
child pornography, the sexual exploitation of children, or the
sale or purchase of children.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
The conference agreement includes $21,449,000 for the
salaries and expenses of the Office of the United States Trade
Representative, the same amount as proposed in both the House
and Senate-reported bills.
International Trade Commission
salaries and expenses
The conference agreement includes $40,850,000 for the
salaries and expenses of the International Trade Commission
(ITC) for fiscal year 1997, instead of $40,000,000 as proposed
in the House bill and $41,707,000 as proposed in the Senate-
reported bill.
Within the amounts provided, the conference agreement
assumes that not less than 3 permanent full time equivalents
(FTE) and 1 temporary FTE will be allocated to the Office of
the Inspector General, and contract funds will be provided to
the IG at not less than the fiscal year 1996 level.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
The conference agreement includes $270,000,000 for the
operations and administration of the International Trade
Administration for fiscal year 1997, instead of $272,000,000 as
proposed by the House bill, and $267,939,000 recommended in the
Senate-reported bill. The following table reflects the
distribution of these funds by activity included in the
conference agreement:
Trade Development....................................... $59,400,000
Int'l Economic Policy................................... 17,100,000
(Trade Compliance Center)........................... (2,500,000)
Import Administration................................... 29,500,000
U.S. & F.C.S............................................ 168,200,000
Carryover............................................... 4,200,000
--------------------------------------------------------
____________________________________________________
Total, ITA.................................. 270,000,000
The conferees remind ITA that any changes to this
distribution are subject to the reprogramming procedures set
forth in section 605 of this Act.
The conferees approved the recent reorganization of the
International Economic Policy (IEP) unit which established a
Trade Compliance Center (TCC) to compile and utilize a
comprehensive database of trade and other relevant agreements.
The conference agreement includes $17,100,000 for IEP, of which
$2,500,000 and 25 full time equivalents (FTE) are provided for
the TCC.
Within the amounts provided under this account,
$168,200,000 is for the U.S. and Foreign Commercial Service
(U.S.&FCS;). The conference agreement assumes this level is
sufficient to support the full request for U.S.&FCS; domestic
and international operations, and assumes that any reductions
will be taken from headquarters functions.
The conference agreement provides $59,400,000 for Trade
Development, including funding at levels provided in the House
report for the current participants in the National Textile
Center (NTC) Consortium and the Textile/Clothing Technology
Corporation. In addition, within the increase provided for
Trade Development, the conferees expect ITA to provide support
for items included in the Senate report related to the
expansion of the NTC and to international environmental
regulations, as well as initiatives previously supported by ITA
to help small businesses improve their international
competitiveness, and to increase small business global
competitiveness in biotechnology. Further, the Market
Development Cooperator Program is funded at $1,500,000, the
same level provided in the fiscal year 1996. In addition, any
reductions in Trade Development are to be taken proportionately
across all programs and functions.
Further, the conference agreement adopts language
included in the House report concerning the Technology Village
Partnership, unfair trade practices with respect to Canadian
lumber, and privatization of certain trade shows. The conferees
expect ITA to follow the language included in the Senate report
regarding reorganization of the domestic field office
structure.
In addition, the conference agreement provides $9,400,000
in fiscal year 1997 emergency funding in title IV of the bill
as part of the counterterrorism initiative for the U.S.&FCS; to
address its overseas security requirements. It is the
conferees' intent that the U.S.&FCS; determine requirements and
that program management and administration be carried out by
the Department of State.
Export Administration
operations and administration
The conference agreement includes $39,900,000 for the
Bureau of Export Administration (BXA), instead of $38,604,000
as proposed in the House bill, and $34,698,000 as proposed in
the Senate-reported bill. When combined with carryover balances
of approximately $1,800,000, a total of $41,700,000 will be
available to the BXA in fiscal year 1997. The conference
agreement provides increases above the fiscal year 1996
appropriated level for counterterrorism initiatives and
implementation of the Fastener Quality Act.
Counterterrorism Initiative.--Of the amounts provided
under this account for BXA, the conference agreement includes
$3,900,000 and 22 FTE for the Office of Export Enforcement to
expand BXA's nonproliferation enforcement efforts. Such amounts
are designated as emergency requirements pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, as requested in the budget amendment submitted
September 12, 1996. Neither the House nor Senate-reported bills
included emergency funding for this purpose. Instead, the
Senate-reported bill proposed the transfer of $2,500,000 from
the Department of Justice to BXA for counterterrorism
activities. The conference agreement does not include this
transfer.
Economic Development Administration
economic development assistance programs
The conference agreement includes $328,500,000 for the
Economic Development Administration grant programs as proposed
in the House bill, instead of $273,500,000 as proposed in the
Senate-reported bill.
The following table shows the distribution of these funds
by activity as agreed to by the conferees:
Public Works (Title I).................................. $165,200,000
Planning................................................ 24,000,000
Technical Assistance.................................... 17,600,000
Defense Conversion...................................... 90,000,000
Economic Adjustment (Title IX).......................... 31,200,000
Research and Evaluation................................. 500,000
The conference agreement provides funding for the Title I
Public Works and Defense Conversion programs at the fiscal year
1996 level. In addition, $17,600,000 is included for EDA's
technical assistance programs, including the University Centers
and Trade Adjustment Assistance Centers programs.
The conference agreement increases amounts for Economic
Adjustment (Title IX) above the request in order to allow EDA
to complete is activities pursuant to section 11(b) of Public
Law 99-663 as in the Senate report. In addition, the Committees
expect EDA to continue its effort to assist communities
impacted by economic dislocations related to coal industry
downswings. Further, the conference agreement endorses the
recommendations in the House report regarding targeting of
resources to the most severely distressed communities.
salaries and expenses
The conference agreement includes $20,036,000 for
salaries and expenses for the EDA as proposed in the Senate-
reported bill, instead of $20,000,000 as proposed in the House
bill. The conference agreement assumes EDA will use either the
Salaries and Expenses appropriation or the revolving fund
(under 42 U.S.C. 3143) to pay the salaries and expenses of the
EDA Liquidation Division. The conference agreement adopts the
recommendations included in both the House and Senate reports.
Minority Business Development Agency
minority business development
The conference agreement includes $28,000,000 for the
programs of the Minority Business Development Agency (MBDA),
instead of $29,000,000 proposed in the House bill and
$26,000,000 as proposed in the Senate-reported bill. The
conferees direct that to the maximum extent possible these
reductions should come from downsizing MBDA headquarters and
regional staff in order to maintain program delivery to
minority entrepreneurs.
The conference recommendation reflects concerns expressed
in both the House and Senate reports regarding continued
duplication and lack of coordination between the MBDA and the
Small Business Administration (SBA). The conference agreement
adopts the House concept setting aside $2,000,000 of MBDA's
funding to be used only for projects jointly developed,
implemented, and administered in conjunction with the SBA.
Further, an additional $1,000,000 is provided under the Small
Business Administration in title V of the bill as part of this
initiative. The conferees direct the interagency working group
to submit a plan for the use of these funds no later than
November 15, 1996, and to submit a reprogramming notification
in accordance with section 605 of this Act.
The conference agreement assumes that MBDA will continue
its support for the Entrepreneurial Technology Apprenticeship
Program. The conferees believe this program provides unique
experiences and opportunities in the field of technology to
minority students, and expects the agency to continue its
commitment to this important initiative and report back to the
Appropriations Committees on its intentions regarding this
matter by December 1, 1996.
economic and information infrastructure
economic and statistical analysis
salaries and expenses
The conferees have provided $45,900,000 for salaries and
expenses of the activities funded under the Economic and
Statistical Analysis account as proposed in the House bill,
instead of $49,400,000 as proposed in the Senate-reported bill.
The conference agreement adopts the directive included in the
House report regarding the Integrated Environmental-Economic
Accounting or ``Green GDP'' initiative. In addition, the
conference agreement assumes that BEA, within the resources
provided, will place a high priority on its initiative to
improve gross domestic product (GDP) data. The Committees would
be willing to entertain a transfer of funds from within the
Department to augment this activity if additional funds are
required.
economics and statistics administration revolving fund
The conference agreement includes language allowing the
dissemination of economic and statistical data products at full
cost as proposed in both the House and Senate bills.
Bureau of the Census
salaries and expenses
The conference agreement includes $135,000,000 for the
Bureau of the Census Salaries and Expenses account, instead of
$133,617,000 as proposed in the House bill and $139,700,000 as
proposed in the Senate bill. The conference agreement provides
an increase above the fiscal year 1996 level for the Bureau's
initiative to restructure the national standard industrial
codes system. Further, the conference agreement adopts the
recommendations included in both the House and Senate reports
regarding reprioritization of programs funded under this
account as well as reimbursements from other Federal agencies
and private organizations.
periodic censuses and programs
The conference agreement provides $210,500,000 for the
Census Bureau's Periodic Censuses and Programs account as
proposed in the Senate-reported bill, instead of $205,100,000
as proposed in the House bill.
The conferees have included the following amounts for
Census programs:
Economic Censuses....................................... $25,000,000
Census of governments................................... 2,000,000
Intercensal Demographic estimates....................... 5,200,000
Decennial Census........................................ 84,110,000
Continuous measurement.................................. 16,600,000
Sample redesign......................................... 3,800,000
CASIC................................................... 6,000,000
Geographic support...................................... 43,000,000
Data processing systems................................. 24,790,000
--------------------------------------------------------
____________________________________________________
Total....................................... 210,500,000
The conference agreement assumes that this distribution
will be used as the basis for any proposed reprogramming of
funds in accordance with section 605 of this Act.
The conference agreement adopts recommendations included
in the House report regarding prioritization of national
statistical programs.
Census 2000.--The conference agreement provides an
increase of $60,400,000 in the overall account for decennial-
related activities, including a $35,285,000 increase for the
Year 2000 Decennial Census direct activities. The conferees
reiterate the concern expressed in the House report regarding
the inability of the Bureau to produce an adequate plan that
accurately predicts and budgets for the costs of the Year 2000
Census. In addition, the conferees reiterate concerns in the
House report regarding the Bureau's lack of adequate plans to
develop options and alternatives adequately addressing issues
of accuracy and cost. Therefore, within the amounts provided,
the conference agreement intends that the funds provided be
devoted to those activities most critical to preparation for
the 2000 Census in fiscal year 1997, namely geographic and
address list preparation, and data capture and processing
systems activities. Further, the conference agreement adopts
the directive included in the House report requiring the Bureau
to develop and submit a plan for the expenditure of the
increases provided in accordance with section 605 of this Act,
prior to the expenditure of such funds.
Finally, the conferees are disappointed that the Bureau
has failed to act on the stipulation included in both the
fiscal years 1995 and 1996 reports directing the Bureau to work
to obtain reimbursement from other Federal agencies for the
costs associated with obtaining information on the decennial
census. Therefore, the conference agreement adopts
recommendation included in the House report regarding this
matter.
National Telecommunications and Information Administration
salaries and expenses
The conference agreement includes $15,000,000 for the
National Telecommunications and Information Administration
salaries and expenses as proposed in the House bill, instead of
$16,003,000 as proposed in the Senate-reported bill.
In addition, the conference agreement includes new
language at the request of the Administration clarifying the
authority of NTIA to obtain reimbursement from other government
agencies for activities related to spectrum management,
analysis and operations. The conference agreement assumes that
NTIA will receive an additional $5,000,000 from such
reimbursements, resulting in a total availability to NTIA of
$20,000,000.
The conference agreement does not include funds proposed
in the Senate-reported bill to pay for costs associated with
the International Telecommunications Union. This matter is
further addressed under title IV.
Public Broadcasting facilities, Planning and Construction
The conference agreement includes $15,250,000 for Public
Broadcasting Facilities, Planning and Construction grants as
proposed in both the House bill and the Senate-reported bill.
The conference agreement allows up to $1,500,000 of this amount
to be used for program administration, as provided in both the
House bill and the Senate-reported bill. The conference
agreement adopts recommendations included in both the House and
Senate reports regarding this program.
information infrastructure grants
The conference agreement includes $21,490,000 for NTIA's
Information Infrastructure Grant program as recommended by the
House, instead of $4,075,000 as proposed in the Senate-reported
bill.
As proposed in the House bill, within the amount
provided, the conference agreement designates $3,000,000 for
program, administration and allows not to exceed five percent
of the total amount provided to be used for certain
telecommunications research activities. The Senate-reported
bill contained no provision on these matters.
The conference agreement adopts recommendations included
in the House report regarding this program.
Patent and Trademark Office
salaries and expenses
The conference agreement provides $61,252,000 in direct
appropriations for the Patent and Trademark Office (PTO) as
proposed in both the House bill and Senate-reported bill. The
conference agreement, when combined with additional fee
collections and $30,000,000 in estimated carryover, will
provide the PTO will total resources of $692,975,000 for the
PTO in fiscal year 1997, an increase of $79,623,000 over the
current operating level. The conferees concur with the concerns
included in the House report. In addition, the conferees expect
the PTO to promulgate rules and regulations with regard to the
issuance of patents only in accordance with its existing
statutory authorities.
Science and Technology
Technology Administration
Under Secretary for Technology/Office of Technology Policy
salaries and expenses
The conference agreement includes $9,500,000 for the
Technology Administration, instead of $5,000,000 proposed in
the House bill and $7,500,000 as proposed in the Senate-
reported bill. The conference agreement adopts the
recommendations included in the House and Senate reports with
the following exception. The conference agreement designates
$2,500,000 of the amounts provided to be used to fund the U.S.-
Israel Science and Technology Commission as proposed in the
Senate-reported bill. The conference agreement retains the
heading proposed for this account in the House bill, instead of
the heading included in the Senate-reported bill.
National Institute of Standards and Technology
Scientific and Technical Research and Services
The conference agreement includes $268,000,000 for the
internal (core) research account of the National Institute of
Standards and Technology as proposed in the House bill, instead
of $270,400,000 as proposed in the Senate-reported bill.
The conference agreement adopts the allocation of funds
provided in this account as delineated in the House report,
with the following exception. The conference agreement assumes
that, of the amounts provided, $1,200,000 is provided for NIST
to expand its activities related to a national resource
construction program utilizing natural resources.
Industrial technology services
The conference agreement includes $320,000,000 for the
NIST external research account instead of $200,400,000 as
proposed in the House bill and $159,900,000 as proposed in the
Senate-reported bill.
Of the amounts provided, $95,000,000 is for the
Manufacturing Extension Partnership Program instead of
$89,900,000 as proposed in the House bill and $99,000,000 as
proposed in the Senate-reported bill. Language is included in
the bill to allow one additional year of support for
manufacturing technology centers which have already existed for
six years. The Senate-reported bill proposed a three year
extension of support for these centers. The House bill
contained no extension. The conference agreement reflects the
belief that this matter is most appropriately addressed through
the authorization process. The conference agreement has
included the funding increase above the House in order to allow
continued funding of these centers for one year.
The conference agreement provides $225,000,000 for the
Advanced Technology Program (ATP), instead of $110,500,000 as
proposed in the House bill and $60,000,000 as proposed in the
Senate-reported bill. The conference agreement deletes
limitations included in the House and Senate-reported bills
restricting the use of funds provided for this program.
construction of research facilities
The conference agreement provides no appropriation for
the NIST Construction account instead of $15,000,000 as
proposed in the Senate-reported bill. The House bill
recommended no appropriation for this account.
The conference agreement also includes, at the end of
this title, the rescission of $16,000,000 of prior year
carryover amounts from this account. The result of the
conference action will allow NIST to obligate $27,600,000 under
this account for fiscal year 1997. The conference agreement
adopts the recommendations included in the Senate report
allowing these funds to be used only for maintenance and
necessary fire and safety upgrades for existing NIST
facilities, and for the completion of the Advanced Chemical
Sciences Laboratory at the NIST Gaithersburg campus. The
conferees expect NIST to follow the direction included in both
the House and Senate reports regarding an evaluation of NIST's
long-term facilities requirements.
National Oceanic and Atmospheric Administration
operations, research and facilities
(including transfer of funds)
The conference agreement includes $1,854,067,000 for the
Operations, Research, and Facilities account of the National
Oceanic and Atmospheric Administration (NOAA) instead of
$1,738,200,000 as proposed by the House and $1,933,703,000 as
proposed in the Senate-reported bill. In addition, the
conference agreement allows $3,000,000 in offsetting fees
related to the aeronautical charting program to be collected to
offset this amount, resulting in a final direct appropriation
of $1,851,067,000 instead of $1,735,200,000 as proposed by the
House and $1,930,703,000 as proposed in the Senate-reported
bill.
In addition to the new budget authority provided, the
conference agreement allows a transfer of $66,000,000 from
balances in the account titled ``Promote and Develop Fishery
Products and Research Related to American Fisheries'', instead
of $68,000,000 as proposed by the House and $62,000,000 as
proposed in the Senate-reported bill. In addition, the
conference agreement assumes NOAA will use the Federal Ship
Financing Fund to cover administrative expenses related to that
account.
The conference agreement does not include language
proposed in the House bill designating the amounts provided
under this account for the six NOAA line offices. The Senate-
reported bill contained no similar provision. The conference
agreement adopts the direction included in the House report
regarding the development of a revised budget structure for
NOAA in consultation with the House and Senate Appropriations
Committees, as well as recommendations concerning financial and
budgetary management deficiencies at NOAA.
NOAA Commissioned Corps.--The conference agreement
includes new language setting the ceiling on the number of
commissioned corps officers in fiscal year 1997 at not more
than 299 by September 30, 1997 and requires the Department of
Commerce, in conjunction with NOAA, to submit to the Congress
by November 15, 1996 a long-term plan and legislative proposal
to implement its recommendations regarding the NOAA
commissioned corps. The House bill contained a provision to
eliminate all commissioned corps officers by September 30, 1997
in accordance with the Administrator of NOAA's announcement on
January 25, 1996 to eliminate the commissioned corps in fiscal
year 1997. The Senate-reported bill set a ceiling of not to
exceed 358 officers in fiscal year 1997.
Marine Services.--The conference agreement adopts the
House recommendation to eliminate the Marine Services
subactivity and provide funding directly to the line offices
under the heading ``Acquisition of Data.'' The conferees
believe this reform will provide NOAA line organizations with
an incentive to make cost-benefit tradeoffs between using NOAA
and charter vessels. As the NOAA fleet has downsized, NOAA line
organizations are seeking alternatives to fleet resources to
meet their data collection needs. This reform will provide NOAA
line offices additional flexibility necessary to meet their
needs. The conferees expect NOAA to follow the guidance in the
House report regarding the use of these funds.
Unless specifically stated otherwise in this Statement of
the Committee of the Conference, amounts expended from the NOAA
Operations, Research and Facilities account are to be allocated
in accordance with the recommendations previously described in
the Committee reports of the House and Senate.
The following table reflects the distribution of the
funds provided in this conference agreement:
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION--FISCAL YEAR 1997 BUDGET
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year 1997--
1996 ---------------------------------------------------
appropriation Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
NATIONAL OCEAN SERVICE:
Navigation Services:
Mapping and Charting................. $36,500 $38,586 $38,000 $35,500 $38,000
Geodesy.............................. 20,167 20,330 20,330 19,367 20,167
Tide and Current Data................ 11,000 11,679 11,000 13,679 12,500
Chesapeake Bay observation buoys. 400 ........... ........... 400 ...........
------------------------------------------------------------------
Total, Navigation Services... 68,067 70,595 69,330 68,946 70,667
==================================================================
Ocean Resources Conservation and
Assessment:
Estuarine and Coastal Assessment..... 2,674 2,674 2,674 2,674 2,674
Ocean assessment program......... 21,925 24,204 12,600 28,619 27,300
Damage assessment................ 1,200 3,200 2,200 3,200 2,200
Transfer from Damage Assessment
Fund............................ 6,550 5,276 5,276 5,276 5,276
Oil Pollution Act of 1990........ 1,000 1,000 1,000 1,000 1,000
Ocean Services................... 3,000 3,000 2,500 3,000 2,500
------------------------------------------------------------------
Subtotal..................... 36,349 39,354 26,250 43,769 40,950
==================================================================
Coastal Ocean Science: Coastal ocean
program............................. 11,500 14,841 11,700 15,200 15,200
------------------------------------------------------------------
Subtotal......................... 11,500 14,841 11,700 15,200 15,200
------------------------------------------------------------------
Total, Ocean Resources Conserv. &
Assess.......................... 47,849 54,195 37,950 58,969 56,150
==================================================================
Ocean and Coastal Management:
Coastal Management:
CZM grants....................... 46,200 46,200 46,200 49,800 46,200
Estuarine research reserve system 1,000 4,088 1,000 4,588 1,300
Nonpoint pollution control....... ............. 2,552 ........... 2,552 ...........
------------------------------------------------------------------
Subtotal..................... 47,700 52,840 47,200 57,440 47,500
Ocean Management: Marine sanctuary
program............................. 11,685 11,876 11,685 11,876 11,685
------------------------------------------------------------------
Subtotal......................... 11,685 11,876 11,685 11,876 11,685
Total, Ocean and Coastal
Management...................... 59,385 64,716 58,885 69,316 59,185
------------------------------------------------------------------
Acquisition of Data \1\.................. ............. ........... 16,495 ........... 18,200
------------------------------------------------------------------
TOTAL, NOS........................... 175,301 189,506 182,660 197,231 204,202
==================================================================
NATIONAL MARINE FISHERIES SERVICE:
Information Collection & Analyses:
Resource Information................. 83,171 95,285 87,000 98,513 91,330
Antarctic research............... 1,200 1,200 1,200 1,200 1,200
Chesapeake Bay Studies........... 1,500 1,500 1,890 1,500 1,890
Right whale research............. 200 200 200 300 250
MARFIN........................... 3,000 3,000 3,000 3,000 3,000
SEAMAP........................... 1,200 1,200 900 1,200 1,200
Alaskan groundfish surveys....... 661 661 661 661 661
Bering Sea pollock research...... 945 945 945 945 945
West Coast groundfish............ 780 780 780 780 780
New England stock depletion...... 1,000 1,000 1,000 1,000 1,000
Hawaii stock management plan..... 500 ........... ........... 500 500
Yukon River chinook salmon....... 700 700 700 700 700
Atlantic salmon research......... 710 710 500 710 710
Gulf of Maine groundfish survey.. 567 567 567 567 567
Dolphin/Yellowfin Tuna Research.. 250 250 250 250 250
Habitat research/evaluation...... 450 450 450 450 450
Pacific salmon treaty program.... 5,587 5,587 5,000 5,587 5,587
Fisheries Cooperative Inst....... 410 410 410 410 410
Hawaiian monk seals.............. 500 500 ........... 520 500
Stellar sea lion recovery plan... 1,440 1,440 1,440 1,770 1,770
Hawaiian sea turtles............. 240 240 ........... 248 248
Bluefish/Striped Bass............ ............. ........... 785 ........... 785
Halibut/Sablefish................ 1,200 1,200 1,200 1,200 1,200
Gulf of Mexico Mariculture....... ............. ........... 300 ........... 300
------------------------------------------------------------------
Subtotal..................... 107,461 117,825 109,178 122,011 116,233
Fishery Industry Information:
Fish statistics.................. 13,000 13,481 13,000 14,000 13,000
Alaska groundfish monitoring..... 5,200 5,200 5,200 5,400 5,200
PACFIN/catch effort data......... 3,000 3,000 3,000 3,000 3,000
Rec. fishery harvest monitoring.. 2,900 2,900 2,900 3,900 3,400
------------------------------------------------------------------
Subtotal..................... 24,100 24,581 24,100 26,300 24,600
==================================================================
Information Analyses & Dissemination. 20,913 21,471 18,400 21,500 20,900
Computer hardware and software... 4,000 4,000 4,000 4,000 4,000
------------------------------------------------------------------
Subtotal..................... 24,913 25,471 22,440 25,500 24,900
------------------------------------------------------------------
Total, Info., Collection, &
Analyses.................... 156,474 167,877 155,678 173,811 165,733
==================================================================
Conservation and Management Operations:
Fisheries Management Programs........ 19,500 25,597 18,000 26,100 22,000
Columbia River hatcheries........ 10,300 10,300 9,000 10,955 10,955
Columbia River end, species
studies......................... 288 288 144 288 288
Regional councils................ 10,200 10,200 9,500 10,500 10,200
International fisheries
commissions..................... 400 400 400 400 950
Management of George's Bank...... 478 478 478 478 478
Beluga whale committee........... 200 ........... 200 200 200
Pacific tuna management.......... 1,500 1,500 1,500 1,900 1,900
------------------------------------------------------------------
Subtotal..................... 42,866 48,763 39,222 50,821 46,971
==================================================================
Protected Species Management......... 6,225 6,750 5,000 6,500 5,700
Driftnet Act implementation...... 3,278 3,278 2,500 3,278 3,278
Marine Mammal Protection Act..... 9,000 10,250 8,000 10,250 9,125
Endangered Species Act recovery
plan............................ 13,000 14,800 13,000 14,800 13,500
Fishery observer training........ 417 ........... 417 417 417
East Coast observers............. 350 350 350 350 350
------------------------------------------------------------------
Subtotal..................... 32,270 35,428 29,267 35,595 32,370
------------------------------------------------------------------
Habitat Conservation..................... 8,000 10,300 8,000 10,300 8,000
Enforcement & Surveillance............... 15,800 17,790 15,800 17,700 16,500
------------------------------------------------------------------
Total, Conservation and Mgmt. Opns... 98,936 112,281 92,289 114,416 103,841
==================================================================
State and Industry Assistant
Programs:
Interjurisdictional fisheries
grants.......................... 2,600 2,600 2,000 2,600 2,600
Anadromous grants................ 2,108 2,108 1,000 2,108 2,108
Anadromous fishery project....... 250 250 ........... 250 ...........
Interstate fish commissions...... 4,000 4,000 4,000 5,700 5,000
------------------------------------------------------------------
Subtotal..................... 8,958 8,958 7,000 10,658 9,708
==================================================================
Fisheries Development Program:
Product quality and safety/
Seafood Inspection.............. 14,624 14,624 14,000 14,624 14,624
Hawaiian Fisheries Development... 750 ........... ........... 750 750
Marine Biotechnology............. 1,900 1,900 ........... 1,900 1,900
------------------------------------------------------------------
Subtotal..................... 17,274 16,524 14,000 17,274 17,274
Total, State & Industry
Assist. Progs............... 26,232 25,482 21,000 27,932 26,982
Acquisition of Data \1\.................. ............. ........... 29,940 ........... 26,840
------------------------------------------------------------------
TOTAL, NMFS.......................... 281,642 305,640 298,907 316,159 323,396
==================================================================
OCEANIC AND ATMOSPHERIC RESEARCH:
Climate and Air Quality Research:
Interannual & Seasonal/Climate &
Global.............................. 65,500 76,712 67,000 73,500 68,000
GLOBE................................ ............. 7,000 ........... 7,000 6,000
------------------------------------------------------------------
Subtotal......................... ............. 83,712 67,000 80,500 74,000
Long-Term Climate & Air Quality
Research............................ 27,272 29,402 27,272 29,402 28,372
VENTS............................ 2,500 ........... ........... ........... ...........
High Performance Computing....... 6,500 9,567 6,500 9,000 7,500
------------------------------------------------------------------
Subtotal..................... 36,272 38,969 33,772 38,402 35,872
------------------------------------------------------------------
Total, Climate and Air
Quality..................... 101,772 122,681 100,772 118,902 109,872
==================================================================
Atmospheric Programs:
Weather Research..................... 33,613 33,905 33,613 33,613 33,613
Wind profiler.................... 4,350 4,350 4,350 4,350 4,350
------------------------------------------------------------------
Subtotal..................... 37,963 38,255 37,963 37,963 37,963
Solar/Geomagnetic Research........... 5,483 5,511 5,219 5,493 5,493
------------------------------------------------------------------
Total, Atmospheric Program....... 43,446 43,766 43,182 43,456 43,456
Ocean and Great Lakes Programs:
Marine Prediction Research........... 10,226 9,608 10,608 12,151 15,651
GLERL............................ 5,200 5,200 5,200 5,200 5,200
Great Lakes Sea Lampricide....... ............. ........... 4,099 4,099 ...........
VENTS............................ ............. 2,500 ........... 2,500 ...........
------------------------------------------------------------------
Subtotal..................... 15,426 17,308 19,907 23,950 20,851
Sea Grant:
Sea grant college program........ 53,300 48,793 53,300 55,300 54,300
------------------------------------------------------------------
Subtotal..................... 53,300 48,793 53,300 55,300 54,300
National Undersea Research
Program......................... 12,000 ........... ........... 14,900 12,000
------------------------------------------------------------------
Subtotal..................... 12,000 ........... ........... 14,900 12,000
------------------------------------------------------------------
Total, Ocean & Great Lakes
Programs.................... 80,726 66,101 73,207 94,150 87,151
==================================================================
Acquisition of Data \1\.................. ............. ........... 14,665 ........... 12,690
------------------------------------------------------------------
TOTAL, OAR........................... 225,944 232,548 231,826 256,508 253,169
==================================================================
NATIONAL WEATHER SERVICE:
Operations and Research:
Local Warnings and Forecasts......... 405,300 399,020 387,020 392,337 390,000
Radiosonde replacement............... ............. 4,255 ........... 4,255 1,500
Susquehanna River Basin Flood Sys.... 669 669 1,000 1,000 1,000
Aviation forecasts................... 35,596 35,596 35,596 35,596 35,596
Regional climate centers............. 2,000 ........... 2,000 2,000 2,000
------------------------------------------------------------------
Subtotal..................... 443,565 439,540 425,616 435,188 430,096
==================================================================
Central Forecast Guidance............ 28,193 29,543 28,193 29,543 28,700
Atmospheric and Hydrological Research 2,000 2,589 2,000 2,589 2,000
------------------------------------------------------------------
Total, Operations and Research... 473,758 471,672 455,809 467,320 460,796
==================================================================
Systems Acquisition; Public Warning and
Forecast Systems:
NEXRAD............................... 53,335 53,145 53,145 53,145 53,145
ASOS................................. 16,952 10,056 10,056 10,056 10,056
AWIPS/NOAAPort....................... 50,000 119,800 100,000 100,000 100,000
Computer Facility Upgrades........... 12,000 15,993 14,000 15,993 14,000
------------------------------------------------------------------
Total, Systems Acquisition....... 132,287 198,994 177,201 179,194 177,201
------------------------------------------------------------------
TOTAL, NWS....................... 606,045 670,666 633,010 646,514 637,997
==================================================================
NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND
INFORMATION SERVICE:
Satellite Observing Systems:
Polar spacecraft and launching....... 174,765 147,644 147,300 147,644 147,300
Polar convergence/IPO................ 39,500 78,200 19,000 29,000 29,000
Geostationary spacecraft and
launching........................... 153,106 205,922 171,480 191,922 171,480
Ocean remote sensing................. 4,000 1,552 ........... 6,000 4,000
Environmental observing services..... 49,000 53,615 49,000 52,600 51,000
------------------------------------------------------------------
Total, Satellite Observing
Systems......................... 430,371 486,933 386,780 427,166 402,780
==================================================================
Environmental Data Management Systems.... 29,865 30,098 30,002 27,515 30,002
Data and Information Services........ 11,300 14,800 14,800 11,300 14,800
------------------------------------------------------------------
Total, EDMS...................... 41,165 44,898 44,802 38,815 44,802
------------------------------------------------------------------
Undistributed Reduction.................. ............. ........... (5,685) ........... ...........
TOTAL, NESDIS........................ 471,536 531,831 425,897 465,981 447,582
==================================================================
PROGRAM SUPPORT:
Administration and Services:
Executive direction and
administration...................... 20,000 19,512 17,520 19,500 19,200
Systems Program Office (SPO)..... 1,500 1,497 1,497 1,497 1,497
------------------------------------------------------------------
Subtotal..................... 21,500 21,009 19,017 20,997 20,697
Central Administrative Support........... 33,000 35,573 31,000 35,500 33,000
Retired Pay Commissioned Officers........ 7,706 8,112 7,706 8,112 8,000
------------------------------------------------------------------
Total, Administration and Services... 62,206 64,694 57,723 64,609 61,697
Marine Services \2\...................... 61,100 56,292 ........... 56,292 ...........
Aircraft Services........................ 9,153 10,182 9,153 10,182 10,000
Total, Aircraft Services............. 9,153 10,182 9,153 10,182 10,000
------------------------------------------------------------------
TOTAL, PS............................ 132,459 131,168 66,876 131,083 71,697
------------------------------------------------------------------
Direct Obligations........................... 1,892,927 2,061,539 1,839,176 2,013,476 1,938,043
==================================================================
Reimbursable Obligations..................... 309,715 310,515 313,515 313,515 313,515
New offsetting collections (data sales)...... ............. 1,200 1,200 1,200 1,200
Anticipated Collections...................... 3,000 3,000 3,000 3,000 3,000
------------------------------------------------------------------
Subtotal--Reimbursables.................. 312,715 314,715 317,715 317,715 317,715
------------------------------------------------------------------
TOTAL OBLIGATIONS............................ 2,205,642 2,376,074 2,156,891 2,331,191 2,255,758
==================================================================
FINANCING:
Deobligations............................ (29,000) (13,800) (29,000) (13,800) (14,000)
Fish Fees................................ ............. (10,000) ........... ........... ...........
Unobligated balance transferred, net..... (2,650) ........... ........... ........... ...........
Federal Ship Financing Fund expenses..... (1,700) ........... (1,700) (1,700) (1,700)
New offsetting collections (data sales).. ............. (1,200) (1,200) (1,200) (1,200)
Anticipated offsetting collections....... (3,000) (3,000) (3,000) (3,000) (3,000)
Federal funds............................ (272,207) (282,500) (282,500) (282,500) (282,500)
Non-federal funds........................ (37,508) (31,015) (31,015) (31,015) (31,015)
SUBTOTAL--FINANCING.......................... (346,065) (341,515) (348,415) (333,215) (333,415)
BUDGET AUTHORITY............................. 1,859,577 2,037,559 1,808,476 1,997,976 1,922,343
FINANCING FROM:
Promote and devleop American fisheries... (63,000) (61,068) (68,000) (62,000) (66,000)
Damage assessment & restoration revolving
fund.................................... (3,900) (5,276) (5,276) (5,276) (5,276)
==================================================================
APPROPRIATION, ORF........................... 1,792,677 1,971,215 1,735,200 1,930,700 1,851,067
----------------------------------------------------------------------------------------------------------------
\1\ Funding for this item previously appeared under Marine Services in Program Support.
\2\ Funding for this item appears under Acquisition of Data in NOS, NMFS, and OAR.
The following narrative provides additional information
related to certain items included in the preceding table.
national ocean service
The conferees have provided a total of $204,202,000 under
this account for the activities of the National Ocean Service.
In addition, the conference agreement adopts changes proposed
by the House to reorder and rename certain activities under NOS
to more clearly identify their functions.
Mapping and Charting.--The conference agreement provides
$38,000,000 for NOAA's mapping and charting programs for the
purposes as described in the House report. The conferees
continue their direction included in the fiscal year 1996
conference report that no funds available to NOAA should be
used to procure equipment that replaces or modernizes NOAA's
in-house measurement capabilities when similar services may be
obtained by contract through the private sector.
Coastal Ocean Program.--The conference agreement provides
$15,200,000 for the Coastal Ocean Program. The conference
agreement adopts the recommendation included in the House
report regarding efforts to respond to the algae bloom in the
Peconic Estuary system and adjacent Long Island waters, as well
as the Gulf of Mexico waters. In addition, within the increase
provided, the conference agreement recommends that the Coastal
Ocean Program managers initiate a national harmful algal bloom
program focused on the causes and different types of blooms,
and long-term strategies for examining and alleviating them.
Further, the conference agreement includes support for the
high-salinity estuary activities as directed in the Senate
report. Further, the conferees recommend a moderate portion of
the increase provided for COP to be used for restoration of the
South Florida ecosystem, but encourage NOAA to consolidate
these activities within existing programs whenever possible. In
addition, the conferees would support funding for this activity
from within NMFS.
Coastal Zone Management Program.--The conference
agreement includes $46,200,000 for CZM program grants. An
additional $1,300,000 is provided for the National Estuarine
Research Reserve program, in addition to $3,000,000 provided
under the Coastal Zone Management Fund described later in this
report.
Marine Sanctuary Program.--The conference agreement
includes $11,685,000 for the National Marine Sanctuary Program.
The conferees direct that no user fees be imposed with respect
to the Hawaiian Islands National Humpback Whale Sanctuary.
Other.--Within the amounts provided for geodesy, the
conference agreement includes $500,000 for continuation of
geodetic survey work as described in the Senate report, and
adopts the recommendations in the House report concerning the
completion of the multipurpose land information system project.
The conferees expect NOAA to provide a report within 30 days of
enactment of the accompanying Act on its plans to implement
this guidance.
Within the amounts provided for tide and current data,
$1,500,000 is provided for a one-time effort to establish a
national coastal data center as identified in the Senate
report.
Within the amounts provided for ocean assessment, the
conference agreement includes a total of $12,000,000 for NOAA's
Coastal Services Center, including activities related to
coastal hazards research and defense technology as provided in
the Senate report. In addition, the conference agreement
provides $2,700,000 as described in the Senate report for
research efforts to apply innovative technologies to the
monitoring, management, and prevention of contamination of
estuaries and coastal waters.
Within the amounts provided for acquisition of data under
the National Ocean Service, the conference agreement includes
$1,705,000 for operation of the RONALD H. BROWN in fiscal year
1997 in accordance with the direction included in the Senate
report.
national marine fisheries service
The conference agreement includes a total of $323,396,000
for the National Marine Fisheries Service.
The conference agreement provides $91,330,000 for
fisheries resource information. Within the funds provided, the
conference agreement adopts the recommendations included in the
Senate report with respect to experimental by-catch research,
MARMAP, research related to rehabilitation of Gulf Coast
fisheries, red drum research and research related to pollution
and depletion of stocks in the Narragansett Bay. In addition,
the conference agreement provides $5,200,000 for Alaska
groundfish to be allocated per the distribution in the Senate
report, and $1,770,000 for Stellar Sea Lion recovery plans in
accordance with the direction included in the Senate report.
Within the funds provided for Fishery Industry
Information, the conference agreement provides $3,400,000 for
recreational fishery harvest monitoring to be expended in
accordance with the direction included in the Senate report.
The conference agreement includes $22,000,000 for
fisheries management programs. Within the amounts provided, the
conference agreement includes funding at levels recommended in
the Senate report for the Alaska Native Harbor Seal Commission,
the Advisory Committee to the International Convention for the
Conservation of the Atlantic Tuna, and pelagic fisheries
research and management. The conference agreement also provides
$10,955,000 for Mitchell Act hatchery programs, including
$655,000 for mass marking of Mitchell Act hatchery salmon, and
concurs with the Senate Report regarding these programs and
regarding NMFS staffing needs in the Northwest. Within the
amounts provided for international fisheries commissions, the
conference agreement provides $450,000 for the Arctic Council
Sustainable Development Secretariat.
Within the funds provided for protected species
management, the conferees expect that no reductions will be
taken against field activities.
In addition, the conference agreement adopts the
recommendations included in the House report regarding the
funding and direction for sea turtle protection except that the
sea protection activities at Rancho Nuevo shall also include
the implementation of tagging all of the released hatchlings to
improve data on survivability, and the implementation of a
Kemp's Ridley headstart program in Mexico. The conferees also
concur in the direction included in the House report regarding
See Turtle/Shrimp Fishery Response Plan activities. In
addition, the conferees reiterate the previous direction
provided to NOAA that NOAA and NMFS provide an independent peer
review of the NMFS November 14, 1994 and subsequent Biological
Opinions on sea turtle conservation. The conferees direct NMFS
and the Department not to decertify any turtle excluder devices
until every effort has been made, working with industry and
others, to improve or modify existing devices to increase
turtle escapement. The conference agreement assumes that funds
will be made available under Resource Information and other
NMFS programs to enable an independent entity to collect and
assess data on catch effort and by-catch in the shrimp fishery.
This independent effort shall provide site-to-site and long
term information regarding the relative abundance of sea
turtles, and NMFS may use its authority to provide scientific
exemption permits to collect shrimp trawl by-catch data in non-
turtle excluder device equipped trawls. The conferees reiterate
the funding direction provided in fiscal year 1996 for the
establishment of a systematic stranding monitoring program and
direct that these funds be used to establish a scientifically
sound program based on transect survey techniques that will
provide data suitable for analytical stock assessments.
Within the funds provided for the Marine Mammal
Protection Act, the conference agreement adopts recommendations
specified in the Senate report, and includes $100,000 for data
collection regarding bowhead whales in the North Slope Borough.
oceanic and atmospheric research
The conference agreement includes a total of $253,169,000
for Oceanic and Atmospheric Research activities.
Interannual and seasonal climate research.--The conferees
have provided $68,000,000 for interannual and seasonal climate
research under the structure proposed by the House, of which
$60,000,000 is to continue the basic Climate and Global Change
program. The remaining $8,000,000 is to carry out the base
interannual and seasonal research programs. The increases are
provided in accordance with the direction included in the House
report.
The conference agreement provides $6,000,000 for the
Global Learning to Benefit the Environment (GLOBE) program,
instead of no funding as proposed by the House, and $7,000,000
as proposed in the Senate-reported bill.
Marine prediction research.--The conference agreement
provides $15,651,000 for marine prediction research. Within
this amount, the Arctic Research Initiative is to be funded
according to the House report, and the tsunami mitigation, Lake
Champlain and VENTS programs are to be funded according to
direction in the Senate report.
GLERL.--Within the $5,200,000 provided for the Great
Lakes Environmental Research Laboratory, the conferees expect
NOAA to continue to support the Great Lakes nearshore research
and GLERL zebra mussel research programs.
Sea grant.--The conferees have included $54,300,000 for
the National Sea Grant program, and expect NOAA to continue to
fund oyster disease research, zebra mussel research and the
National Coastal Research and Development Institute within
these amounts. The conferees continue to urge NOAA to fund
proposals related to the Vibrio vulnificus issue and the
education of at-risk consumers regarding raw molluscan
shellfish.
national weather service
The conference agreement includes a total of $637,997,000
for the National Weather Service.
The amount provided includes $390,000,000 for local
warnings and forecasts, including the staffing related to the
modernization of the weather service, data buoy maintenance,
and Pacific and Alaska regional headquarters.
The conferees direct that any reductions required be
applied to the operations and staffing levels at NWS central
headquarters in the national capital area, and adopt the
directive included in the House report that NWS submit a
streamlining plan for such reductions not later than November
1, 1996. The conference agreement adopts the direction in the
House report regarding notification prior to NWS office
closures. In addition, the conference agreement includes the
House recommendation regarding radiosonde replacement.
The conference agreement provides the full request for
acquisition of the next-generation radar (NEXRAD) and the
automated surface observing system (ASOS), including funding
for the three additional NEXRADs identified as necessary in the
Secretary's report concerning the adequacy of coverage, and the
conferees encourage NOAA to have such equipment in place and
operational prior to the 1997 tornado season.
The conferees remain concerned about gaps in coverage
provided by NOAA Weather Radio in eastern Kentucky and Kansas.
NOAA is directed to promptly update its 1994 study of radio
coverage and provide recommendations for the placement of
additional or upgraded transmitters by March 30, 1997. NOAA is
further directed to immediately implement recommendations of
the 1994 study by placing 1000 watt transmitters at Ezel,
Pineville, and Pikeville, Kentucky.
Advanced Weather Interactive Processing Systems
(AWIPS).--The conferees are extremely concerned about the AWIPS
program. The AWIPS program has been plagued by cost growth,
scheduling delays, management changes, and slow technical
progress. The conferees remind NOAA that the original plans
estimated a total cost at completion of $350,000,000. Earlier
this year, the Administrator of NOAA testified to the House
Science Committee that the estimated cost at completion (EAC)
for the program was $525,000,000 and that the AWIPS program
could be operated under such a cost cap. The conferees note
that Congress, through the end of fiscal year 1996, will have
already invested $261,335,000 in the AWIPS program. Therefore,
the conferees direct the AWIPS program to be delivered within
the $525,000,000 EAC, and put NOAA on notice that additional
resources will not be available should NOAA fail to deliver the
system within the current $525,000,000 cost estimate.
Further, the conferees continue to have reservations
about NOAA's current plan to make the final production decision
on full-scale deployment of AWIPS in September 1996. The
conferees agree with the Department of Commerce Inspector
General and believe that sufficient operational testing of the
system must occur prior to the final decision being made for
full scale deployment. The conferees note that a small delay in
the final production decision would not impede the ability of
NWS to complete deployments scheduled in fiscal year 1997.
Therefore, the conferees believe the most prudent course would
be for the NWS and the Department to delay such decisions until
additional operational testing has been completed.
Therefore, the conference agreement provides $100,000,000
for the AWIPS program, a 100 percent increase over the current
fiscal year, an amount sufficient to enable a two year
deployment of the system within a $525,000,000 total EAC for
the program. The conference agreement adopts the directives
included in the House report directing NOAA to submit a
reprogramming in accordance with section 605 of the
accompanying Act prior to the expenditure of funds for full-
scale acquisition and deployment of the system. Such
reprogramming should include a certification by the Secretary
of Commerce to address the criteria specified in the House
report, with the following modification: the cost to complete
development, acquisition and deployment of the AWIPS through
build six and associated activities, including program
management and operations and maintenance through completion of
deployment will not exceed $263,665,000.
national environmental satellite, data and information service
The conference agreement includes $447,582,000 for NOAA's
satellite and data management programs.
The conference agreement includes $44,802,000 for
environmental data management systems within the amount
provided for NESDIS in accordance with the recommendations
included in the House report.
The conference agreement includes $29,000,000 for the
interagency program office to converge the NOAA and Department
of Defense (DOD) polar satellite convergence programs. The
funding level provided meets the revised estimate of need for
this fiscal year and was agreed upon jointly by NOAA and DOD.
The conferees continue to assume that NOAA and DOD will share
equally the costs for all common activities for this program.
Further, the conferees expect NOAA to report to them should any
additional revisions to the program be contemplated.
In addition, the conferees encourage NESDIS to work
closely with the national coastal data center discussed under
the National Ocean Service.
program support
The conference agreement provides $71,697,000 for NOAA
program support.
Marine services.--The conference agreement adopts the
House recommendation to eliminate the Marine Services account
and to provide funding for these activities directly to the
line offices. This matter is further discussed elsewhere in
this title. In addition, the conference agreement adopts the
Senate position regarding the new oceanographic research
vessel, the RONALD H. BROWN, coming online in fiscal year 1997.
The vessel will be homeported at the NOAA Coastal Services
Center as proposed by NOAA, and operational funds have been
included under NOS data acquisition.
Coastal Zone Management Fund
The conference agreement includes an appropriation of
$7,800,000, as provided in both the House bill and the Senate-
reported bill, from the Coastal Zone Management Fund for the
purposes designated in both bills. The conference agreement
allocates these funds as follows: $4,300,000 for program
administration, $500,000 for State development grants, and
$3,000,000 for the National Estuarine Research Reserve Program.
The conference agreement provides an additional $1,300,000 in
direct appropriations under the NOAA Operations, Research, and
Facilities account for the National Estuarine Research Reserve
Program.
Construction
The conference agreement includes a total of $58,250,000
for the NOAA Construction account, instead of $36,000,000 as
proposed in the House bill and $58,000,000 as proposed in the
Senate-reported bill. The conference agreement provides these
funds for the purposes described in the following paragraphs.
The conference agreement provides $2,000,000 for general
facilities maintenance, $1,750,000 for the Sandy Hook lease,
$2,000,000 for environmental compliance, and $2,000,000 for
above-standard costs at the Boulder laboratory.
The conference agreement includes a total of $12,000,000
for weather forecast office (WFO) construction, including
$2,000,000 for the construction costs of WFO/Center for
Environmental Studies and Management in Albany, New York. In
addition, the conference agreement includes $1,000,000 for WFO
maintenance.
The conference agreement provides $4,700,000 for Columbia
River facilities.
The conference agreement includes $2,000,000 for NMFS
Honolulu laboratory renovations, $3,500,000 for the Newport
Science Center renovation and expansion, $5,000,000 to complete
the NMFS Southeast laboratory project, and $6,000,000 for the
NMFS Juneau laboratory.
In addition, the conference agreement designates
$8,500,000 for construction and related expenses for an
environmental technology facility in New Hampshire.
As provided by both the House and Senate, the conference
agreement includes $5,000,000 for Pribilof Island cleanup. In
addition, $1,000,000 is provided for National Estuarine
Research Reserves construction.
Fleet Modernization, Shipbuilding and Conversion
The conference agreement includes $8,000,000 for the NOAA
Fleet Modernization account, as provided in the Senate-reported
bill, instead of $6,000,000 as provided in the House bill. The
conference agreement provides funding for necessary maintenance
costs as well as funds to complete the outfitting of the
oceanographic vessel scheduled to come on line in fiscal year
1997. This matter is further addressed elsewhere in this title
under the NOAA Operations, Research and Facilities account. In
addition, the conference agreement contains language included
in section 612 further clarifying the uses of these funds.
Fishing Vessels and Gear Damage Compensation Fund
The conference agreement includes $200,000 for an
appropriation to the Fishing Vessel and Gear Damage Fund as
provided in both the House bill and the Senate-reported bill.
Fishermen's Contingency Fund
The conference agreement includes $1,000,000 for the
Fishermen's Contingency Fund, as provided in both the House
bill and the Senate-reported bill.
Foreign Fishing Observer Fund
The conference agreement includes $196,000 for the
expenses related to the Foreign Fishing Observer Fund, as
provided in both the House bill and Senate-reported bill.
Fishing Vessel Obligations Guarantees
The conference agreement provides $250,000 in subsidy
amounts for Fishing Vessel Obligations Guarantees as proposed
by the House bill and the Senate-reported bill.
General Administration
SALARIES AND EXPENSES
The conference agreement includes $28,490,000 for the
general administration of the Commerce Department, instead of
$27,400,000 as provided in the House bill and $29,100,000 as
provided in the Senate-reported bill. The conferees are
concerned that disproportionate reductions have been taken
against the Departmental support functions. Therefore, the
conferees expect that any further reductions necessary will be
taken from Executive Direction, and expect the Department to
submit a plan for meeting the reductions assumed in the bill in
accordance with section 605 of this Act.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $20,140,000 for the
Commerce Department Inspector General, instead of $19,445,000
as proposed in the House bill and $20,849,000 as proposed in
the Senate-reported bill.
National Institute of Standards and Technology
CONSTRUCTION OF RESEARCH FACILITIES
(RESCISSION)
The conference agreement includes a rescission of
$16,000,000 from the NIST Construction account, instead of
$31,800,000 as proposed in the Senate-reported bill. This
rescission of $16,000,000 reduces the carryover appropriation
under this account to $27,600,000. Uses of these remaining
funds are addressed in the description of the fiscal year 1997
appropriation under this account.
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH AND FACILITIES
(RESCISSION)
The conference agreement includes a rescission of
$20,000,000 from the NOAA Operations, Research and Facilities
account, instead of $10,000,000 as proposed in both the House
and Senate-reported bills. This rescission is derived from
balances no longer required in the NOAA satellites programs due
to re-estimates of program needs.
General Provisions--Department of Commerce
The conference agreement includes the following general
provisions for the Department of Commerce:
Sec. 201.--The conference agreement includes section 201,
identical in both the House and Senate versions of the bill,
regarding certifications of advanced payments.
Sec. 202.--The conference agreement includes section 202,
identical in both the House and Senate versions of the bill,
allowing funds to be used for hire of passenger motor vehicles.
Sec. 203.--The conference agreement includes section 203,
identical in both the House and Senate versions of the bill,
prohibiting reimbursement to the Air Force for hurricane
reconnaissance planes.
Sec. 204.--The conference agreement includes section 204,
identical in both the House and Senate versions of the bill,
prohibiting funds from being used to reimburse the Unemployment
Trust Fund for temporary census workers.
Sec. 205.--The conference agreement includes section 205,
identical in both the House and Senate versions of the bill,
regarding transfer authority between Commerce Department
appropriation accounts.
Sec. 206.--The conference agreement includes section 206,
identical in both the House and Senate-reported versions of the
bill, providing for the notification of the House and Senate
Committees on Appropriations of a plan for transferring funds
to appropriate successor organizations within 90 days of
enactment of any legislation dismantling or reorganizing the
Department of Commerce.
Sec. 207.--The conference agreement includes section 207,
identical in both the House and Senate-reported versions of the
bill, requiring that any costs related to personnel actions
incurred by a Department or agency funded in title II of the
accompanying Act, be absorbed within the total budgetary
resources available to such Department or agency.
Sec. 208.--The conference agreement includes a modified
general provision, similar to language included in the House
and Senate bills, permanently prohibiting funds to develop or
implement new individual fishing quota programs, whether such
quota are transferable or not, until offsetting fees to pay for
the cost of administrating such quotas are authorized. The
modified provision also clarifies the application of this
provision to certain fisheries.
Sec. 209.--The conference agreement includes section 209,
included in the House bill and in the fiscal year 1996
appropriations Act, allowing the Secretary to award contracts
for certain mapping and charting activities in accordance with
the Federal Property and Administrative Services Act. The
Senate bill contained no similar provision.
Sec. 210.--The conference agreement includes section 210,
identical in both the House and Senate-reported versions of the
bill, establishing a working capital fund in the Bureau of the
Census to be available without fiscal year limitation.
The conference agreement does not include a new section,
included in the Senate-reported bill, prohibiting the
Department of Commerce from developing, implementing or
collecting any user fees for any activity within the Hawaiian
Islands National Humpback Whale Sanctuary. However, this matter
is addressed elsewhere in the Statement of Managers of the
Committee of Conference under the National Oceanic and
Atmospheric Administration Operations, Research and Facilities
account. The House bill contained no provision on this matter.
Sec. 211.--The conference agreement includes a new
provision, not in either the House or Senate-reported bills,
renaming the ``Magnuson Fishery Conservation and Management
Act'' as the ``Magnuson-Stevens Fishery Conservation and
Management Act''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
Salaries and Expenses
The conference agreement includes $27,157,000 for the
salaries and expenses of the Supreme Court as provided in both
the House and Senate-reported bills.
Care of the building and grounds
The conference agreement includes $2,800,000 for the
Supreme Court Care of the Buildings and Grounds account,
compared with $2,490,000 as proposed in the House bill and
$3,100,000 as proposed in the Senate-reported bill. No funding
is provided for the Schematic Systems Study in this fiscal year
requested in the budget, and the balance of the reduction from
the request is to be taken from funding requested for staff, to
bring funding in line with actual on-board staffing levels.
United States Court of Appeals for the Federal Circuit
Salaries and Expenses
The conference agreement includes $15,013,000 for the
U.S. Court of Appeals for the Federal Circuit as proposed by
the House and the Senate-reported bills.
United States Court of International Trade
Salaries and Expenses
The conference agreement includes $11,114,000 for the
U.S. Court of International Trade as provided in both the House
and Senate-reported bills.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
(Including Transfer of Funds)
The conference agreement provides $2,566,000,000 for the
salaries and expenses of the Federal Judiciary, instead of
$2,538,956,000 as proposed in the House bill and $2,578,646,000
as proposed in the Senate-reported bill. This includes
$10,000,000 provided for increased workload associated with the
Antiterrorism and Effective Death Penalty Act of 1996 and Court
Security needs. Funding for these purposes was not considered
by either House, and is provided in response to the
Administration's budget amendment submitted on September 12,
1996.
Including amounts provided under the Violent Crime
Reduction Trust Fund, addressed below, the total amount
available in this conference agreement for the salaries and
expenses of the courts is $2,596,000,000 rather than
$2,568,956,000 as proposed in the House bill and $2,608,646,000
as proposed in the Senate-reported bill.
In addition to these appropriated resources, there is
likely to be available at least $121,000,000 in carryover,
$115,000,000 in current year fees and $15,000,000 from prior
year funding no longer needed for the original purpose. As a
result, a total of at least $2,847,000,000 will be available
for the salaries and expenses of the Judiciary in fiscal year
1997.
Within the overall funding available for fiscal year
1997, the conferees expect the Judiciary to fund its highest
program priorities, including additional magistrate judges to
eliminate existing backlogs in caseloads, and bankruptcy
personnel to address the record number of bankruptcy filings
currently taking place.
The conference agreement provides that within the total
provided, $500,000 shall be transferred to the Commission on
Structural Alternatives for the Federal Courts of Appeals,
subject to authorization of the Commission. The Senate-reported
bill proposed this transfer of $500,000, but did not make it
subject to authorization of the Commission. Instead, the
Senate-reported bill included the authorization for the
Commission under section 307. The conference agreement does not
include section 307, due to the expectation that legislation
authorizing the Commission will be moved separately. The
conference agreement includes a change in the heading of this
account, as proposed in the Senate-reported bill, to indicate
that this account contains a transfer of funds. The House bill
contained no provision on this matter.
The conference agreement also appropriates $2,390,000
from the Vaccine Injury Compensation Trust Fund for expenses
associated with the National Childhood Vaccine Injury Act of
1986, as provided in both the House and Senate-reported bills.
Optimal utilization of judicial resources.--The conferees
believe that the review underway within the Judiciary to review
the optimal utilization of judicial resources, in response to
the fiscal year 1996 House and Conference reports accompanying
the fiscal year 1996 appropriations Act, has the capability to
make important contributions to ensure that the Judiciary
operates in the most efficient and cost-effective manner and
expect the language in the House report accompanying H.R. 3814
to be followed.
Violent crime reduction trust-fund.--The conference
agreement includes an appropriation of $30,000,000 from the
Violent Crime Reduction Trust Fund, the same amount provided in
the House and Senate-reported bills. The conferees intend that
these funds be used to offset workload requirements of the
Federal Judiciary related to the Violent Crime Control and Law
Enforcement Act of 1994.
defender services
The conferees have included $308,000,000 for the Federal
Judiciary's Defender Services account, instead of $297,000,000
as proposed in the House bill and $311,900,000 as proposed in
the Senate-reported bill. The amount provided is for the
operation of Federal public defender and community defender
organizations and the compensation, reimbursement, and expenses
of attorneys appointed to represent persons under the Criminal
Justice Act, as amended. If additional funds are required,
funding provided to the Judiciary under the Violent Crime
Reduction Trust Fund and fee carryover is available by
transfer, and funding for increases in workload and costs
related to the Antiterrorism and Effective Death Penalty Act of
1996 is available as a result of the $10,000,000 provided under
the Salaries and Expenses account.
The conferees are concerned about the rapidly rising
costs in this account, and believe that the Administrative
Office of the Courts needs to move as quickly as possible to
understand the reason for these increases and to take such
steps as may be advisable to moderate the rate of increase.
Because the costs of the existing program have been rising so
rapidly, sufficient funds are not available to provide an
increase in the rate for panel attorneys, in addition to the
increase provided in fiscal year 1996, and so funding for this
purpose has not been provided. Funding of new defender
organizations, excluding any that have already been proposed,
should be considered only after it is clear that sufficient
funding is available for the costs of existing organizations.
fees of jurors and commissioners
The conference agreement includes $67,000,000 for Fees of
Jurors and Commissioners, instead of $66,000,000 as proposed in
the House bill and $68,083,000 as proposed in the Senate-
reported bill.
Court Security
The conference agreement includes $127,000,000 for the
Federal Judiciary's Court Security account as proposed by the
Senate instead of $131,000,000 as proposed by the House. The
Senate-reported bill included an additional $4,000,000 by
transfer from the Counterterrorism Fund under the Department of
Justice. The conferees expect that an additional $4,000,000
will be available for court security from within the
$10,000,000 provided within the Salaries and Expenses account
for increases in workload and costs related to the
Antiterrorism and Effective Death Penalty Act of 1996.
Administrative Office of the United States Courts
salaries and expenses
The conference agreement includes $49,450,000 for the
Administrative Office of the United States Courts, instead of
$48,500,000 as provided in the House bill and $50,900,000 as
provided in the Senate-reported bill. Funding is provided for
staffing at the current services level. The conferees assume
that additional financial resources of $1,080,000 in fee
carryover, $6,065,000 in new fee collections, and $212,000 in
Independent Counsel funding will be available for the
operations of the Administrative Office.
Federal Judicial Center
salaries and expenses
The conference agreement includes $17,495,000 for the
fiscal year 1997 salaries and expenses of the Federal Judicial
Center, as proposed in the House bill, instead of $17,914,000
as proposed in the Senate-reported bill. The conferees applaud
the Federal Judicial Center for the efforts underway to
increase the use of video-conferencing and other innovative
methods of education and training, and intend that reductions
be reflected in travel costs.
Judicial Retirement Funds
payment to the judiciary trust funds
The conference agreement includes $30,200,000 for payment
to the various Judicial retirement funds as provided in both
the House and Senate-reported bills.
United States Sentencing Commission
salaries and expenses
The conferees have included $8,490,000 for the U.S.
Sentencing Commission, instead of $8,300,000 as provided in the
House bill, and $8,867,000 as provided in the Senate-reported
bill. The conferees understand that the Commission has
available to it at least $800,000 in carryover, which will
provide an operating level in fiscal year 1997 of $9,290,000.
The Judiciary
General Provisions
Sec. 301.--The conference agreement includes section
301 as provided in both the House and Senate-reported bills
allowing appropriations to be used for services as authorized
by 5 U.S.C. 3109.
Sec. 302.--The conference agreement includes section 302
as provided in both the House and Senate-reported bills which
allows appropriations to be available to the Special Court
established under the Regional Rail Reorganization Act of 1973.
Sec. 303.--The conference agreement includes section 303,
included in both the House and Senate-reported bills, providing
the Judiciary with the authority to transfer funds between
appropriations accounts. The conference agreement includes
language exempting the Judiciary's Defender Services and Fees
of Jurors and Commissioners accounts from the 10 percent
increase ceiling set by this provision.
Sec. 304.--The conference agreement includes section 304,
identical in both the House and Senate-reported versions of the
bill, allowing up to $10,000 of salaries and expenses funds
provided in this title to be used for official reception and
representation expenses of the Judicial Conference of the
United States.
Sec. 305.--The conference agreement includes section 305,
as proposed in both the House and Senate-reported bills, which
provides a one-year extension to September 30, 1998 of the
authorization for Judiciary Automation Fund.
Sec. 306.--The conference agreement includes section 306,
as proposed in the Senate-reported bill, which clarifies that
the Judiciary bear the cost only of special masters appointed
subsequent to the enactment of the Prison Litigation Reform Act
passed as part of the fiscal year 1996 Omnibus Appropriations
Act. The House bill contained no similar provision.
Sec. 307.--The conference agreement includes section 307,
which was not provided in either the House or Senate-reported
bill, to name the United States courthouse in Medford, Oregon,
as the James A. Redden Federal Courthouse.
The conference agreement does not contain section 307, as
proposed in the Senate-reported bill, which authorizes the
establishment of a commission to study the structure and
alignment of the Federal Courts of Appeals. The House bill
contained no similar provision. Under the ``Courts of Appeals,
District Courts, and Other Judicial Services, Salaries and
Expenses'' account, $500,000 has been provided to fund this
commission, subject to enactment of legislation authorizing the
commission.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
The conference agreement includes a total of
$1,725,300,000 for Diplomatic and Consular Programs. This
amount includes: a direct appropriation of $1,700,450,000, the
same as the amount in the Senate-reported bill, instead of
$1,691,000,000 as proposed in the House bill; $450,000 from the
reserve fund for the International Center, as provided in both
the House and Senate-reported bill; $700,000 to be derived from
registration fees, as provided in both the House and the
Senate-reported bill; and $23,700,000 for increased security
overseas, designated as an emergency requirement under the
Balanced Budget and Emergency Deficit Control Act of 1985,
which is described in more detail below, and which is provided
in response to the antiterrorism budget amendment submitted by
the Administration on September 12, 1996. The Senate-reported
bill included $8,400,000 for security enhancements at overseas
posts in the Counterterrorism Fund under the Department of
Justice.
The conferees agree that the language in both the House
and Senate reports under this heading is to be followed in
expending fiscal year 1997 funds, with the following
exceptions: the Arctic Council Sustainable Development
Secretariat is addressed in this conference report under the
National Oceanic and Atmospheric Administration; funding is
included for the continuation of the National Law Center for
Inter-American Free Trade; and the International
Telecommunications Union Conference funding is intended to be
addressed as provided in the House report. Funding for this
Conference will be addressed only after the State and Commerce
Departments have exhausted every potential source of private
financing to assure that the costs of this international
conference are not borne by the taxpayer.
The conference agreement includes language that was
included in both the House and Senate-reported bills requiring
that in fiscal year 1998, a system be in place that allocates
to each department and agency the full cost of its presence
outside the United States. The conferees direct that the new
International Cooperative Administrative Support Services
(ICASS) system is to be implemented in fiscal year 1998, and
intend that the Department of State, the Office of Management
and Budget and all agencies with a presence overseas cooperate
to make this happen. The Office of Management and Budget is
directed to ensure that the fiscal year 1998 budget submission
for each Federal agency include the cost of its overseas
presence in accordance with ICASS.
Security Enhancements. The conference agreement provides
$23,700,000, to be available until expended, to improve the
security of U.S. diplomatic facilities and increases the
protection of personnel overseas. This is the amount requested
in the budget amendment submitted on September 12, 1996. The
funding is provided for the following:
$12,352,000 is provided for overseas physical
security support, including local guards, residential
security upgrades, fully and lightly armored vehicles,
public access control equipment, and special protective
equipment;
$6,800,000 is provided for overseas technical
security support, including electronic security
equipment, increased maintenance of security equipment
overseas, strengthened Seabees and security engineering
support and explosive detection equipment;
$500,000 for training; and
$4,048,000 for security positions, including 53
positions in the Gulf Region.
The conferees believe that all necessary steps should be
taken to protect Americans working overseas. The conferees
recommend that the Department take into consideration off-the-
shelf security technology that has been approved and tested by
the Department of Justice, Department of State, and the
Department of Defense. Such technological enhancements as
security barriers, security film, improved intelligence
communications, and security scanning devices have been shown
to greatly decrease the vulnerability, improve initial safety,
and decrease the level and number of injuries resulting from
terrorist attacks.
The House and Senate Committees expect to receive a full
assessment of the adequacy of the security measures being
undertaken as soon as possible.
salaries and expenses
The conference agreement includes a total of $352,300,000
for Salaries and Expenses, as proposed in the House bill,
instead of $357,000,000 as proposed in the Senate-reported
bill. The conferees adopt by reference the provisions of both
the House and the Senate reports under this heading.
capital investment fund
The conference agreement includes $24,600,000 for the
Capital Investment Fund, instead of $16,400,000 as proposed in
the House bill, and $32,800,000 as proposed in the Senate-
reported bill. The conferees adopt by reference the provisions
of both the House and the Senate reports under this heading.
The conferees look forward to the submission of a fully
developed plan for the Department's information management
effort at the earliest possible time.
Office of Inspector General
The conference agreement includes $27,495,000 for the
Office of Inspector General, which has jurisdiction over the
Department of State, the United States Information Agency, and
the Arms Control and Disarmament Agency, the same amount as
provided in both the House and the Senate-reported bills. The
conference agreement includes language proposed in the Senate-
reported bill that makes permanent the consolidation of the
Inspector General Office of the United States Information
Agency into this Office that was enacted in the fiscal year
1996 appropriations Act. The House bill included the same
language as in fiscal year 1996, the legal interpretation of
which is not clear as to whether the consolidation is
permanent.
The conferees recommend that the fiscal year 1998 budget
include all funds for the oversight of ACDA directly as part of
the Inspector General's budget.
representation allowances
The conference agreement includes $4,490,000 for
Representation Allowances, as provided in both the House and
the Senate-reported bill.
protection of foreign missions and officials
The conference agreement includes $8,332,000 for
Protection of Foreign Missions and Officials, as provided in
both the House and the Senate-reported bills.
security and maintenance of united states missions
The conference agreement includes $389,320,000 for this
account, which is comprised of the following: $364,495,000 for
the regular operations of the Security and Maintenance account,
instead of $370,000,000 as proposed in the House bill, and
$360,000,000 as proposed in the Senate-reported bill; and
$24,825,000, to remain available until expended, provided in
response to the Administration's antiterrorism budget amendment
submitted on September 12, 1996 and designated as an emergency
requirement under the Balanced Budget and Emergency Deficit
Control Act of 1985, which is described in more detail below.
The conference agreement assumes the sale of the
residence in Hamilton, Bermuda.
The conference agreement does not provide funds for any
new facilities, nor is it likely that such funds will be
available in the near future, due to budget constraints. As a
result, it is incumbent upon the Department to step up its
management of its existing real estate portfolio.
The April, 1996 General Accounting Office report
recommended that the Secretary of State establish an
independent panel to make recommendations regarding the sale of
excess real estate to reduce the current inventory of property.
While the conferees support the thrust of GAO's findings, they
are concerned that directing the Department to sell what GAO
has identified as surplus overseas properties without adequate
knowledge of market conditions in those countries could cost
taxpayers millions of dollars.
Consequently, the conferees direct that by no later than
December 30, 1996, the Secretary establish an advisory board on
real property management to (1) review information on
Department of State properties proposed for sale by the
Department, the Office of the Inspector General, the GAO or any
other agency of the federal government; and (2) compile a list
of properties recommended for sale to the Under Secretary of
State for Management for approval. This list should be
transmitted to the appropriate committees of the Congress. At
any time when appropriate market conditions exist, the State
Department is to proceed with the immediate sale of items on
the approved list.
In order to assure oversight of the disposition and
acquisition of facilities, the Department is expected to submit
a quarterly report on its transactions, and to seek a
reprogramming with respect to plans for any major new facility,
such as an embassy, or consulate.
Security Enhancements. The conference agreement includes
$24,825,000 for security improvements, necessary relocation
expenses and security equipment for United States diplomatic
facilities and missions overseas. The amount is provided in
response to the funding requested by the Administration's
September 12, 1996 antiterrorism budget amendment under three
separate accounts: $14,300,000 under this account; $9,400,000
under the International Trade Administration in the Department
of Commerce for United States and Foreign Commercial Service
posts overseas, and the overseas portion, totaling $1,125,000,
of the $2,500,000 requested under the Salaries and Expenses
account of the United States Information Agency. All of these
requests are intended to provide funds to upgrade the security
of overseas facilities. Generally, the State Department has
management responsibility for overseas facilities, and the
conferees believe it would be more prudent to provide these
requests under this account in order to assure the management
of these funds by the entity that has the most experience in
providing for facility needs overseas. The conference agreement
earmarks the amounts intended for US&FCS; and USIA to assure
that the requested funds are available for these agencies.
Funding is provided for the following:
$14,300,000 for the Department of State, for
security upgrades at Gulf region posts, the Cairo
embassy, and relocation of US&FCS; facilities in Cairo
and Jeddah, and security upgrades, to U.S. owned
residences.
$9,400,000 to provide security upgrades and
relocations for 42 non-chancery US&FCS; locations
worldwide. The conferees direct that a plan be provided
to the Committees on Appropriation within 30 days
describing how these funds will be expended and for
what locations; and
$1,125,000 for USIA for overseas security,
including radios, security enhancement projects, and
light armored vehicles.
emergencies in the diplomatic and consular service
The conference agreement includes $5,800,000 for
Emergencies in the Diplomatic and Consular Service account, as
provided in both the House and Senate-reported bills.
repatriation loans program account
The conference agreement includes a total appropriation
of $1,256,000 for the Repatriation Loans Program account, as
provided in both the House and Senate-reported bills.
payment to the american institute in taiwan
The conference agreement includes $14,490,000 for the
Payment to the American Institute in Taiwan account, instead of
$15,001,000 as proposed in the House bill, and $14,165,000 as
proposed in the Senate-reported bill.
payment to the foreign service retirement and disability fund
The conference agreement includes $126,491,000 for the
Payment to the Foreign Service Retirement and Disability Fund
account, as provided in both the House and Senate-reported
bills.
International Organizations and Conferences
contributions to international organizations
The conference agreement includes $892,000,000 for
Contributions to International Organizations to pay the costs
assessed to the United States for membership in international
organizations, instead of $875,000,000, as proposed in the
House bill, and $550,000,000 as proposed in the Senate-reported
bill.
The conference agreement provides that $100,000,000 of
the assessment for the United Nations can be made available
only after the Secretary of State certifies by 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. The House and Senate-reported bills contained
language that would have made the funds available on a
quarterly basis in fiscal year 1997 only after such a
certification.
The conference agreement provides that if the Secretary
cannot make such a certification by January 30, 1997, the
$100,000,000 is to be applied to the assessments for other
international organizations in the current or next fiscal year,
subject to reprogramming.The Senate-reported bill stated that
the amount was to be applied to reducing the fiscal year 1998
obligations for specific organizations. The House bill contained no
provision on this issue.
The conference agreement provides that $10,000,000 may be
transferred to the International Conferences and Contingencies
account for contributions to new or provisional international
organizations or to provide funding for the travel expenses of
official delegates to international conferences, subject to
reprogramming. Both the House and Senate-reported bills
provided that the transfer could be made only for new or
provisional international organizations.
The conference agreement includes all language that was
identical in the House and Senate-reported bills.
The conferees agree that from the amounts provided, five
organizations be provided the full assessment: the
International Atomic Energy Agency, the North Atlantic Treaty
Organization and the related North Atlantic Assembly, the
United Nations, and the International Civil Aviation
Organization (ICAO). Funding for ICAO is provided as part of
the comprehensive counterterrorism initiative included in this
conference report, and the conferees urge the U.S. delegation
to place increased emphasis on international flight safety and
airport security.
The conferees agree that no funding is to be provided to
the five organizations for which funding was not provided in
fiscal year 1996.
Allocation of the remaining funds included in the
conference agreement is to be made in conjunction with an
assessment of the importance of the international organizations
to the national interest of the United States. The Department
is expected to report the results of its review of these
organizations to the Appropriations Committees no later than
January 30, 1997.
The conferees adopt by reference the language in the
Senate report concerning the Framework Convention on Climate
Change.
The conferees agree that no funding is provided for
world-wide conferences.
The conferees are aware that despite the position of the
United States that reductions are required, the budget for the
United Nations Conference on Trade and Development (UNCTAD) is
exactly the same during the current biennium as it was in the
last. The Department is asked to report within 30 days of
enactment of this legislation on the efforts it is making, in
conjunction with the Under-Secretary-General for Management of
the United Nations, to find additional budget savings in
UNCTAD.
The conferees are aware that the World Intellectual
Property Organization is running a surplus of approximately
$100,000,000, and is proposing to spend those funds on a new
building. The conferees applaud the position of the United
States in opposition to the new building and encourage efforts
to use the budget surplus to reduce assessments or to provide
rebates to participants.
The Pan American Health Organization (PAHO) is to be
commended for its improved efforts to keep the Congress
informed of its activities. PAHO is urged to maintain these
efforts.
contributions for international peacekeeping activities
The conference agreement provides $352,400,000 for
Contributions for International Peacekeeping Activities,
instead of $332,400,000, as proposed by the House, and
$282,600,000 as proposed in the Senate-reported bill.
The conference agreement includes language included in
the House bill, provided that of the total amount $50,000,000
is for payment of arrearages, 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 in the biennial expenses of certain United Nations
divisions and activities; (2) the number of professional and
general service staff employed by the United Nations at the end
of the current biennium will be at least ten percent below the
number of such positions at the beginning of the biennium; and
(3) the United Nations has adopted a budget outline for the
1998-1999 biennium that is below the current biennial budget,
as part of a five-year program to achieve major cost-saving
reforms in the United Nations and specialized agencies. The
Senate-reported bill contained no provision on payment of
arrearages.
The conferees cannot support payment of arrearages if the
funding will be used to support wasteful, business-as-usual
practices. Any effort to address arrearages will be taken a
step at a time, and a year at a time, and should be
proportional to the reform that the United Nations achieves.
Of the funds provided by the conference agreement, up to
$20,000,000 is for contingencies related to African crises,
particularly Burundi. If contingencies related to potential
African crises arise that require use of these funds, the funds
will be subject to the regular Committee review procedures
under this heading prior to obligation.
The conference report contains all other language that
was identical in the House and Senate-reported bills.
International Commissions
international boundary and water commission, united states and mexico
salaries and expenses
The conference agreement includes $15,490,000 for
Salaries and Expenses of the International Boundary and Water
Commission (IBWC), instead of $18,490,000 as proposed in both
the House and the Senate-reported bills. The reason for the
reduction is that the International Boundary and Water
Commission has indicated that the results of contract
negotiations on pending contracts have resulted in lower
requirements than anticipated.
construction
The conference agreement includes $6,463,000 for the
Construction account of the IBWC, as proposed by the House,
instead of $7,568,000, as proposed by the Senate. The amount
provided in the conference agreement, together with remaining
funds previously appropriated for Mexican participation in the
International Wastewater Treatment Plant, for which no use has
been identified, is sufficient to fund all construction
projects requested in the budget.
The conferees recognize that the issue of responsibility
for the repair and maintenance of the International Outfall
Line that conveys sewage from Mexico to the Nogales
International Water Treatment Plant has not been resolved. The
Committee requests that IBWC work diligently to resolve the
issues with the City of Nogales, Arizona, and finalize an
agreement by October 1, 1997.
American Sections, International Commissions
The conference agreement includes $5,490,000 for the U.S.
share of expenses of the International Boundary Commission, the
International Joint Commission, United States and Canada, and
the Border Environment Cooperation Commission, as provided in
the House bill, instead of $5,627,000 as provided in the
Senate-reported bill. The reduction from the budget request is
to be taken proportionately from the three Commissions.
International Fisheries Commissions
The conference agreement includes $14,549,000 for the
U.S. share of the expenses of the International Fisheries
Commissions and related activities. The House bill provided
$10,450,000. The Senate-reported bill provided $9,051,000. Both
bills provided that $4,099,000 for the Great Lakes Fishery
Commission sea lampricide program be funded under the National
Oceanic and Atmospheric Administration. The conference
agreement includes funding for that program under this account.
The reduction from the budget request is to be taken from
increases requested for any Commission over its fiscal year
1996 funding level.
For the Great Lakes Fishery Commission, the conferees
intend that the U.S. participation in the Commission be
provided in a comparable manner to Canadian participation.
The conferees request that in the fiscal year 1998
budget, the Department display funding for this account in a
manner that makes it clear how much of the funding for each
Commission is related to supporting the cost of the
international secretariat of each Commission, and how much of
the cost is related to supporting other programmatic
activities, and what those activities are.
Other
Payment to the Asia Foundation
The conference agreement includes $8,000,000 for the
Payment to the Asia Foundation account, the amount provided in
the House bill, instead of no funding, as provided in the
Senate-reported bill.
RELATED AGENCIES
Arms Control and Disarmament Agency
Arms Control and Disarmament Activities
The conference agreement includes $41,500,000 for the
Arms Control and Disarmament Agency (ACDA), instead of
$38,495,000, as proposed in the House bill, and instead of
$30,000,000 as proposed in the Senate-reported bill. To the
maximum extent possible, reductions from the current year
operating level should be taken from administrative functions,
rather than from programmatic staff involved in technical
aspects of ACDA's activities, including monitoring functions.
United States Information Agency
salaries and expenses
The conference agreement includes $441,375,000 for
Salaries and Expenses of the United States Information Agency
(USIA), of which $440,000,000 is for the regular operations of
the Agency, as proposed in the Senate-reported bill, instead of
$439,300,000, as proposed in the House bill; and $1,375,000 is
for antiterrorism and security purposes, provided in response
to the Administration's antiterrorism budget amendment
submitted on September 12, 1996 and designated as an emergency
requirement under the Balanced Budget and Emergency Deficit
Control Act of 1985, which is described in more detail below.
All other bill language, which is identical in the House and
Senate bills, is included in the conference agreement, except
for one technical modification to assure that fees from student
advising and counseling may be credited to this appropriation
in the absence of an authorization.
Security Enhancements. The conference agreement includes
$1,375,000 for enhanced security for U.S. personnel and
facilities for USIA's five main facilities in Washington, and
19 facilities throughout the U.S. The funding will provide for
additional guard staff, glass protection, construction of
package/mail/visitor screening areas, alarms, locks and video
surveillance.
technology fund
The conference agreement includes $5,050,000 for the
Technology Fund, as provided in both the House and Senate-
reported bills.
educational and cultural exchange programs
The conference agreement includes $185,000,000 for
Educational and Cultural Exchange Programs, as proposed in the
House bill, instead of $183,000,000, as proposed in the Senate-
reported bill.
To the maximum extent possible, the conferees urge that
the following exchange programs be supported: the International
Visitors Program, the Pepper Scholarships, including the
Executive Education Program for Central European Business and
Professional Leaders, the Muskie Fellowships, the Humphrey
Fellowships, the Disability Exchange Clearinghouse, the
Congress Bundestag Exchanges, the South Pacific Exchanges,
other Asian exchanges, the Institute for Representative
Government, and the United States/Mexico Conflict Resolution
Center.
USIA shall disburse funds to the Mansfield Center for
Pacific Affairs as provided in the Senate report.
The conferees intend that $1,000,000 is to be available
for the Center for Irish Management.
The conferees intend that the remaining program direction
included in both the House and the Senate reports be followed.
The conferees expect that a proposal for the distribution
of the available resources among exchange programs, as well as
proposed enhancements for exchanges with the Newly Independent
States, will be submitted through the normal reprogramming
process prior to final decisions being made.
eisenhower exchange fellowship program trust fund
The conference agreement includes language as provided in
both the House and Senate bills, allowing all interest and
earnings accruing to the Trust Fund in fiscal year 1997 to be
used for necessary expenses of the Eisenhower Exchange
Fellowships.
israeli arab scholarship program
The conference agreement language as provided in both the
House and Senate bills, allowing all interest and earnings
accruing to the Scholarship Fund in fiscal year 1997 to be used
for necessary expenses of the Israeli Arab Scholarship Program.
international broadcasting operations
The conference agreement includes $325,000,000 for
International Broadcasting Operations, as proposed in the
Senate-reported bill, instead of $335,700,000 as proposed in
the House bill. The conference agreement does not include funds
for radio broadcasting to Cuba under this account, as proposed
by the House, but rather includes all funding for Broadcasting
to Cuba under a separate account, as proposed by the Senate,
consistent with the fiscal year 1996 appropriations Act.
The conference agreement does not contain a provision
included in the House bill stating that $9,300,000 may be made
available for the operating costs of Radio Free Asia. However,
the conferees are agreed that up to $9,300,000 may be made
available for this purpose from the funding available under
this account.
The conferees note that the Broadcasting Board of
Governors has submitted an operating plan for Radio Free Asia.
However, before such a plan can be approved, and additional FY
1997 funds expended, more specific information must be provided
to the committees concerning transmission facilities, costs,
and potential offsets for broadcast hours and costs from the
Voice of America and from the rest of the Bureau of
Broadcasting. The conferees are aware that RFA has carryover
balances of at least $5,000,000 that may be expended in FY 1997
pending approval of a final FY 1997 operating plan. Because RFA
is a new organization, the conferees request monthly progress
reports and expect that a complete plan for the total
broadcasts to be funded in FY 1997 be submitted no later than
December 1, 1996 in accordance with Section 605 reprogramming
requirements. Thereafter, the conferees direct that quarterly
progress reports be submitted to the appropriate committees of
jurisdiction concerning implementation of the plan.
The conference agreement does not contain a provision
included in the Senate-reported bill, making $5,000,000
available until expended.
The conference agreement includes citations of underlying
authorization statutes in the form proposed in the House bill,
instead of in the form proposed in the Senate-reported bill.
The conferees expect that the Committees will be notified
of the final distribution of funding among the activities under
this account pursuant to the normal reprogramming procedures.
broadcasting to cuba
The conference agreement includes $25,000,000 for
Broadcasting to Cuba under a separate account, as proposed in
the Senate-reported bill, instead of $13,375,000 for radio
broadcasting to Cuba within the total for International
Broadcasting Operations, as proposed in the House bill.
Radio Construction
The conference agreement includes $35,490,000 for Radio
Construction, instead of $39,000,000, as proposed in the House
bill, and $32,000,000, as proposed in the Senate-reported bill.
The account provides funding for the following activities:
maintenance, improvements, replacements and repairs; satellite
and terrestrial program feeds; engineering support activities;
and broadcast facility leases and land rentals.
The conferees expect USIA to report on the expected
distribution of funds in fiscal year 1997 including carryover
through the normal reprogramming procedure.
east-west center
The conference agreement includes $10,000,000 for
operations of the East-West Center, instead of no funds, as
proposed in the House bill, and $11,750,000, as proposed in the
Senate-reported bill.
north/south center
The conference agreement includes $1,495,000 for
operations of the North/South Center, instead of no funds, as
proposed in the House bill, and $2,000,000, as proposed in the
Senate-reported bill.
national endowment for democracy
The conference agreement includes $30,000,000 for the
National Endowment for Democracy, as provided in the House
bill, instead of no funds, as provided in the Senate-reported
bill.
General Provisions--Department of State and Related Agencies
Sec. 401.--The conference agreement includes section 401,
as provided in both the House and Senate-reported bills,
permitting use of funds for allowances, differentials, and
transportation.
Sec. 402.--The conference agreement includes section 402,
as provided in both the House and Senate-reported bills,
dealing with transfer authority.
Sec. 403.--The conference agreement includes section 403,
as provided in both the House and Senate bills, dealing with
the compensation of the United States Commissioner of the
International Boundary Commission, United States and Canada.
Sec. 404.--The conference agreement includes a provision
waiving provisions of existing legislation that require
authorizations to be in place for State Department, United
States Information Agency, including International Broadcasting
Operations, and Arms Control and Disarmament Agency activities
prior to the expenditure of any appropriated funds, as provided
in both the House and Senate-reported bills.
Sec. 405.--The conference agreement includes a provision
requiring any personnel costs incurred by any Department or
agency funded under this title as a result of funding
reductions be absorbed within the total budgetary resources
available to the Department or agency, and providing authority
to transfer funds between appropriations accounts for that
purpose, as proposed in both the House and Senate-reported
bills.
Sec. 406.--The conference agreement includes a provision
stating that starting sixty days after the enactment of this
Act, none of the funds made available by this Act may be used
to fund the Standing Consultative Commission unless the
President provides a report to the Congress 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 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. The House bill
contained a provision prohibiting funding for the Standing
Consultative Commission or to implement changes to the Anti-
Ballistic Missile Treaty unless the President certifies to the
Congress that any such changes will be submitted to the Senate
for its advice and consent. The Senate-reported bill contained
no provision on this matter.
Sec. 407.--The conference agreement includes a provision,
not in either the House or the Senate-reported bill, which
permits the Secretary of State to authorize State officials or
the United States Postal Service to collect and retain the
execution fee for passport applications.
TITLE V--RELATED AGENCIES
Maritime Administration
operating-differential subsidies
(liquidation of contract authority)
The conference agreement includes $148,430,000 for
payment of obligations incurred for the Maritime Administration
(MARAD) operating differential subsidy program, as provided in
both the House and Senate-reported bills.
maritime security program
The conference agreement includes $54,000,000 for the
Maritime Security Program (MSP) which provides payments to
maintain and preserve a U.S.-flag merchant fleet for the
national security needs of the United States, subject to the
authorization of the program. The Senate-reported bill
contained no funding for MSP. The House bill included
$63,000,000. This program is funded under the allocation for
national security programs. The conferees expect MARAD to
submit a notification of the proposed distribution of these
funds to the House and Senate Committees on Appropriations
prior to the initiation of the program.
operations and training
The conference agreement includes $65,000,000 for the
Maritime Administration Operations and Training account instead
of $66,600,000 as proposed by the Senate and instead of
$62,300,000 as proposed by the House. The conferees intend that
funding for the operation and maintenance of the U.S. Merchant
Marine Academy and the State maritime schools be at no less
than their respective fiscal year 1996 appropriated levels. The
conference agreement does not specifically allocate the balance
of the funds in this account.
maritime guaranteed loan (title xi) program account
The conference agreement provides $37,450,000 in subsidy
appropriations for the Maritime Guaranteed Loan Program as
proposed by the House and Senate-reported bills. This amount
will subsidize a program level of not more than $1,000,000,000
as proposed by both the House and Senate-reported bills.
The conferees have also included $3,450,000 for
administrative expenses associated with the Maritime Guaranteed
Loan Program, as proposed in the House and Senate-reported
bills. These amounts may be transferred to and merged with
amounts under the MARAD Operations and Training account.
Administrative Provisions--Maritime Administration
The conference agreement includes provisions contained in
both the House and Senate-reported bills involving Government
property controlled by MARAD, the accounting for certain funds
received by MARAD, and a prohibition on obligations from the
MARAD construction fund.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
The conference agreement provides $206,000 for the
Commission on the Preservation of America's Heritage Abroad, as
provided in both the House and Senate-reported bills.
Commission on Civil Rights
salaries and expenses
The conference agreement includes $8,740,000 for the
salaries and expenses of the Commission on Civil Rights, as
proposed in both the House and Senate-reported bills.
Commission on Immigration Reform
salaries and expenses
The conference agreement includes $2,196,000, as proposed
in both the House and Senate-reported bills.
Commission on Security and Cooperation in Europe
salaries and expenses
The conference agreement includes $1,090,000 for the
Commission on Security and Cooperation in Europe, as provided
in both the House and Senate-reported bills.
Equal Employment Opportunity Commission
salaries and expenses
The conference agreement includes $239,740,000 for the
salaries and expenses of the Equal Employment Opportunity
Commission, as provided in both the House and Senate-reported
bills. The House bill provided $232,740,000 under this account,
but under section 618, an additional $7,000,000 was provided.
Within the total amount, the conference agreement
includes $27,500,000 for payments to State and local
enforcement agencies for services to the Commission, instead of
$26,500,000, as provided in both the House and Senate-reported
bills.
Federal Communications Commission
salaries and expenses
The conference agreement provides a total of $189,079,000
for the salaries and expenses of the Federal Communications
Commission instead of $185,619,000 as proposed by the House,
and $192,538,000 as proposed in the Senate-reported bill. The
conference agreement provides for the collection and retention
of $152,523,000 in offsetting fee collections as provided in
the Senate-reported bill instead of $126,400,000 as provided in
the House bill.
The conference agreement includes language proposed by
the House and included in previous appropriations Acts,
allowing fees in excess of the amounts specified to remain
available for expenditure in future years.
The conference agreement does not include language,
proposed in the Senate-reported bill, to prohibit funds from
being used to relocate the FCC headquarters to the Portals.
However, the conference agreement does not include the
requested $30,000,000 increase for costs related to this
relocation. The conferees understand that there have been
delays, thereby reducing the fiscal year 1997 requirements to
$19,000,000. However, even with the reduced requirement, the
funding allocation provided in this conference agreement will
not support such significant increases for this agency in the
current fiscal climate. The conferees direct the FCC to work
with the General Services Administration to decrease the
overall cost of the relocation and to identify alternative
mechanisms to finance the relocation. The conferees expect the
FCC to take actions to further streamline its operations as
recommended in the House report, and intend that no funds be
diverted from FCC activities directly related to implementation
of the Telecommunications Act of 1996. Should actions relating
to this proposed relocation be necessary in fiscal year 1997,
the FCC would be required to submit a reprogramming in
accordance with section 605 of this Act to cover the costs from
within available resources.
The conference agreement does not include a provision
proposed in the House bill prohibiting funds provided in the
Act to be used to deny or delay action on licenses for any
religious or religiously affiliated entity on the basis of
certain employment practices. The Senate-reported bill
contained no provision on this matter. However, while this
provision has been deleted from the bill, concerns remain that
actions taken by the FCC to challenge radio license
applications or renewals for religious broadcasters on the
grounds that requiring religious knowledge, training or
expertise for employees is discriminatory. These concerns have
arisen because of the potential impact of such actions on
legitimate religious free speech. Therefore, the conferees
direct the FCC not to deny any license application or renewal
on these grounds inconsistent with the right to exercise this
free speech in recruitment and hiring practices. If the FCC
does move to deny a license application or renewal for a
religious broadcaster according to its policy, it shall report
to the Committees on its actions and include a demonstration
that is not abridging the free speech of religious
broadcasters.
Federal Maritime Commission
salaries and expenses
The conference agreement includes $14,000,000 for the
salaries and expenses of the Federal Maritime Commission,
instead of $14,450,000 as proposed in the Senate-reported bill
and $11,000,000 as proposed in the House bill.
Federal Trade Commission
salaries and expenses
The conference agreement allows a total operating level
of $101,930,000 for the Federal Trade Commission, instead of
$93,819,000 as proposed in the House bill and $104,462,000 as
proposed in the Senate-reported bill. The conference agreement
assumes that of the amount provided, $58,905,000 will be
derived from fees collected in fiscal year 1997 and $16,000,000
will be derived from estimated unobligated fee collections
available from 1996. These actions result in a final
appropriated level of $27,025,000, the same as provided by the
House.
Use of any unobligated fee collections from 1996 above
$16,000,000 are subject to the reprogramming requirements
outlined in section 605 of this Act.
The conference agreement does not include a change in the
fee structure for Hart-Scott-Rodino fees as proposed in the
Senate-reported bill, which would have eliminated the
requirement for any direct appropriation for this account.
Gambling Impact Study Commission
salaries and expenses
The conference agreement includes $4,000,000 for the
salaries and expenses of the Gambling Impact Study Commission,
instead of $2,000,000 as proposed by the Senate. The House bill
did not include a provision. This commission was authorized by
Public Law 104-169, signed into law on August 3, 1996.
Japan-United States Friendship Commission
japan-united states friendship trust fund
The conference agreement does not provide an
appropriation for the Japan-United States Friendship
Commission, as proposed in the House bill, instead of
$1,250,000 from interest earned on the Japan-United States
Friendship Trust Fund and an amount of Japanese currency not to
exceed the equivalent of $1,420,000 for the expenses of the
Japan-United States Friendship Commission, as provided in the
Senate-reported bill.
Under terms of Public Law 94-118, which established the
Commission, it was authorized to spend up to five percent of
the principal of the Japan-United States Friendship Trust Fund.
Since 1990, however, the Commission has operated under a policy
of not spending funds out of the principal and relying on
appropriations of interest earned on the Fund to finance its
operations, supplemented by gifts from outside sources.
The conferees believe that, in this time of fiscal
restraint, it makes better sense for the Commission to operate
on a self-financing basis, as was apparently envisioned in the
original legislation, by spending five percent of its Fund
capital per year. The Fund currently contains approximately
$15,000,000. These funds, together with funds obtained from
outside sources, would allow the Commission to maintain its
highest priority activities without the need for annual
appropriations. Any interest earnings of the fund that accrue
in the Commission's account will be considered to be original
principal.
Legal Services Corporation
payment to the legal services corporation
The conference agreement includes $283,000,000 for
payment to the Legal Services Corporation instead of
$250,000,000 as proposed in the House bill and $288,000,000 as
proposed in the Senate-reported bill.
The conference agreement provides $274,400,000 for grants
to basic field programs and independent audits, $7,100,000 for
management and administration, and $1,500,000 for the Office of
the Inspector General.
administrative provisions--legal services corporation
The conference agreement contains language, identical in
both the House bill and Senate-reported bill, continuing all
statutory requirements and restrictions included in the fiscal
year 1996 appropriations Act, with one modification. Section
502 of both bills contains an exception to the restrictions to
allow non-Federal funds to be used to provide legal assistance
in domestic violence and related matters.
The conference agreement makes several technical changes
to correct statutory citations that were incorrectly cited in
the House and Senate-reported bills.
Marine Mammal Commission
salaries and expenses
The conference agreement includes $1,189,000 for the
salaries and expenses of the Marine Mammal Commission instead
of $1,385,000 as proposed in the Senate-reported bill and
$975,000 as proposed in the House bill.
National Bankruptcy Review Commission
salaries and expenses
The conference agreement includes $494,000 for the
salaries and expenses of the National Bankruptcy Review
Commission instead of $498,000, as proposed in the Senate-
reported bill, and $490,000, as proposed in the House bill.
Ounce of Prevention Council
The conference agreement includes $1,500,000 for the
Ounce of Prevention Council. Neither the House nor Senate-
reported bills proposed funding for this program.
Securities and Exchange Commission
salaries and expenses
The conference agreement provides a total operating level
of $305,400,000 for the Securities and Exchange Commission,
instead of $297,021,000, as proposed in the House bill, and
$306,400,000, as proposed in the Senate-reported bill. The
conference agreement includes a reduction in registration fees
under section 6(b) of the Securities Act of 1933 from fiscal
year 1996, to one thirty-third of one percent, as provided in
both the House and Senate-reported bills, and a transaction fee
on over-the-counter transactions in the amount of one three-
hundredth of one percent of the aggregate dollar amount of
sales of last sale reported securities, to be collected on a
semi-annual basis, starting on January 1, 1997, instead of one
eight-hundredth of one percent for each $1,000,000 of the
aggregate dollar amount of sales, starting on September 1, 1996
or the date of enactment of this Act, whichever is later, as
provided in both the House and Senate-reported bills. These
offsetting fees are expected to provide $222,622,000 in fiscal
year 1997. In addition, the conference agreement assumes the
use of $45,000,000 in carryover funds from fiscal year 1996.
These actions result in a net direct appropriation of
$37,778,000, instead of $58,047,000, as provided in the House
bill, and $64,426,000, as provided in the Senate-reported bill.
Small business Administration
salaries and expenses
The conference agreement provides an appropriation of
$235,047,000 for the Small Business Administration (SBA)
Salaries and Expenses account, instead of $214,419,000 as
proposed in the House bill and $233,190,000 as proposed in the
Senate-reported bill. In addition, the conference agreement
allows for the collection of $4,500,000 in offsetting fees to
offset this appropriation, instead of $6,000,000 in offsetting
fee collections proposed in the House bill and $3,300,000 in
fee collections proposed in the Senate-reported bill, thus
making $239,547,000 available under this account.
In addition to amounts made available under this heading,
the conference agreement includes $94,000,000 for
administrative expenses under the Business Loans Program
Account and $86,500,000 for administrative expenses under the
Disaster Loans Program account, and $22,000,000 in emergency
fiscal year 1997 funding related to Hurricane Fran and
Hurricane Hortense provided in title IX of this bill. These
amounts are transferred to and merged with amounts available
under Salaries and Expenses, resulting in a total level of
$442,047,000 for SBA operating programs, noncredit and other
initiatives, instead of $414,482,000 as proposed in the House
bill and $408,580,000 as proposed in the Senate-reported bill.
The conference agreement provides that of the amounts
available under this account, $1,000,000 is designated only for
projects jointly developed, implemented and administered with
the Department of Commerce's Minority Business Development
Agency, instead of $3,000,000 designated for this purpose in
the House bill. The conference agreement provides this funding
under the 7(j) technical assistance program under noncredit
initiatives. In addition, the conference agreement adopts the
recommendations included in the House report regarding this
matter. The Senate-reported bill contained no provision on this
matter.
The conference agreement includes a provision, not
included in either the House bill or the Senate-reported bill,
providing two year availability for funds provided for the
Small Business Development Center program. Of this amount,
$2,000,000 is to continue efforts by the SBDC defense
transition programs started in fiscal year 1995.
The conference agreement includes the following amounts
for noncredit programs:
Small Business Development Centers...................... $73,500,000
SBDC Defense Transition................................. 2,000,000
7(j) Technical Assistance............................... 2,600,000
(Joint MBDA/SBA Technical Assistance)............... (1,000,000)
SCORE................................................... 3,300,000
Business Information Centers............................ 485,000
Women's Demonstration................................... 4,000,000
Women's Council......................................... 194,000
EZ/EC One Stop Capital Shops............................ 2,767,000
Microloan Technical Assistance.......................... 12,000,000
US Export Assistance Centers............................ 2,500,000
--------------------------------------------------------
____________________________________________________
Total............................................. 103,346,000
The conference agreement provides no funds for Advocacy
Research. However, the conferees would be willing to entertain
a reprogramming subject to section 605 of this Act to maintain
activities approved in fiscal year 1996.
The conference agreement adopts language included in the
House report directing the SBA to continue to support
activities assisting small businesses to adapt to a paperless
procurement environment, and activities assisting small
businesses in complying with the requirements of the Clean Air
Act. In addition, the conference agreement expects that SBA
will support activities which assist small businesses in making
the transition to meet both military and ISO 9000 quality
systems requirements. The conferees also expect SBA to support
business outreach programs at urban universities referenced in
the Senate report.
The conferees have provided $4,000,000 for the Women's
Outreach Program. Within these amounts, the conferees expect
SBA to follow the direction given in the Senate report with
respect to this program.
In June 1996, the Committees approved a reorganization
proposal submitted by the SBA as part of its Reinventing
Government (REGO) II proposal to downsize its regional offices
in order to devote additional resources to the district
offices. The conferees are concerned that SBA may be taking
actions to reorganize and augment its regional office
structure, contrary to the intent of REGO II, and are disturbed
that such action is being taken without proper notification to
the Committees in accordance with section 605 of this, and
prior, appropriations Acts. Therefore, the conferees direct SBA
to immediately cease all activities to increase staffing in the
regional offices.
In addition, the conferees expect the SBA to follow the
direction included in the Senate report concerning filling
vital technical and support positions. In addition, the
conference agreement includes the following small business
initiatives: $3,000,000 for continuation of an outreach program
to assist small business development; $7,000,000 for small
business and rural technology development assistance,
$1,000,000 for construction activities increasing small
business opportunities and economic development; and $500,000
for continuation of a program for small business consulting and
technical assistance.
Further, the conferees continue to believe the SBA should
move forward with a program to consolidate and streamline
activities. The conferees believe that SBA can satisfy the
increased demands on its programs by greater reliance on
centralization of loan processing, servicing, and liquidation
activities, and encourage SBA to continue to work with the
Committees regarding this matter. In addition, the conferees
encourage SBA to explore opportunities for privatization of
some functions, such as the disaster loan servicing and
liquidation, to help improve management of the portfolio.
In addition, the conferees are supportive of efforts to
upgrade SBA's computer systems to improve the financial
management of its operations and loan portfolios. Therefore,
the conferees urge the SBA to work with the Committees in this
endeavor.
office of inspector general
The conference agreement provides $9,000,000 for the SBA
Office of Inspector General as proposed in the Senate-reported
bill instead of $8,900,000 as proposed in the House bill.
Further, as proposed in both the House bill and the
Senate-reported bill, an additional $500,000 has been provided
under the administrative expenses of the Disaster Loans Program
to be made available to the Office of Inspector General for
work associated with oversight of the disaster loans program.
business loans program account
The conference agreement includes $277,708,000 in
appropriations under the SBA Business Loans Program Account,
instead of $258,153,000 as proposed in the House bill and
$309,199,000 as proposed in the Senate-reported bill.
Of the amounts provided under this account, $1,691,000 is
for the microloan direct loan program. Both the House bill and
the Senate-reported bill provided $2,792,000 for this program.
The conference agreement reduces this amount due to the
availability of $5,000,000 in unobligated balances carrying
forward into fiscal year 1997 for this program.
The conference agreement also designates $40,510,000 of
the total amount provided shall be available until September
30, 1998, as provided in both the House bill and the Senate-
reported bill.
The conference agreement provides $158,000,000 in subsidy
appropriations for the 7(a) general business guaranteed loan
program, instead of $144,200,000 as proposed in the House bill
and $174,500,000 as proposed in the Senate-reported bill. When
combined with prior year carryover balances of $40,500,000 in
subsidy appropriations, this amount will subsidize a
$7,900,000,000 program level upon enactment of legislative
changes under consideration by the Congress, as compared to a
$7,200,000,000 program level in fiscal year 1996.
In addition, $21,700,000 is provided for the Small
Business Investment Corporation debenture and participating
securities programs, instead of $16,459,000 as proposed in the
House bill and $35,500,000 as proposed in the Senate-reported
bill. Upon enactment of legislative changes under consideration
by the Congress, these subsidy amounts will result in a program
level of $225,000,000 for the SBIC debenture program and
$400,000,000 for the SBIC participating securities program.
Within the total amount provided under this account, the
conference agreement provides $2,317,000 for the Microloan
guaranty program as proposed in the Senate-reported bill,
instead of $1,216,000 included in the House bill. The conferees
continue to support the transition of Microloans from a direct
loan program to a guaranteed loan program.
In addition, the conference agreement includes
$94,000,000 for administrative expenses to carry out the direct
and guaranteed loan programs, instead of $93,485,000 proposed
in the House bill and $94,090,000 as proposed in the Senate-
reported bill. The amount provided for administrative expenses
is available to be transferred to and merged with the
appropriations for Salaries and Expenses.
disaster loans program account
The conference agreement includes $105,432,000 for
subsidy costs associated with the SBA Disaster Loan Program as
proposed in the House bill, the same amount that was made
available in fiscal year 1996 through a combination of regular
and emergency appropriations. The conference agreement provides
a $39,632,000 increase above the amounts requested by the
Administration and provided in the Senate-reported bill for
disaster loan subsidy costs. In addition to amounts made
available under this title for disaster assistance, an
additional $113,000,000 in emergency fiscal year 1997 funding
is included in title IX of the bill to provide disaster loans
for individuals and businesses impacted by Hurricanes Fran and
Hortense, and other natural disasters.
The conference agreement provides $86,500,000 for
administrative expenses under this account, instead of
$92,578,000 as proposed by the House and $78,000,000 as
proposed in the Senate-reported bill. In addition to amounts
made available under this title, an additional $22,000,000 in
emergency appropriations is provided in title IX of the bill to
provide necessary administrative expenses for SBA disaster loan
administrative activities related to Hurricane Fran and
Hurricane Hortense.
surety bond guarantees revolving fund
The conference agreement provides $3,730,000 for
additional capital for the SBA Surety Bond Guarantees Revolving
Fund as proposed in both the House bill and the Senate-reported
bill.
administrative provision--small business administration
The conference agreement includes section 504, providing
SBA with the authority to transfer funds between appropriations
accounts, as provided in the House bill and the Senate-reported
bill.
State Justice Institute
salaries and expenses
The conference agreement provides $6,000,000 for the
salaries and expenses of the State Justice Institute (SJI)
instead of $10,000,000 as proposed by the Senate and instead of
no funds as proposed by the House.
The House report directed the Office of Justice Programs
(OJP) to provide a portion of State court assistance funds to
SJI under State and Local Law Enforcement Assistance under
title I. The Senate-reported bill did not provide funds for
State court assistance. The conference agreement does not
provide funds to OJP for State court assistance.
TITLE VI--GENERAL PROVISIONS
The conference agreement includes the following general
provisions:
Sec. 601.--The conference agreement includes section 601,
identical in both the House and Senate-reported versions of the
bill, regarding the use of appropriations for publicity or
propaganda purposes.
Sec. 602.--The conference agreement includes section 602,
identical in both the House and Senate-reported versions of the
bill, regarding the availability of appropriations for
obligation beyond the current fiscal year.
Sec. 603.--The conference agreement includes section 603,
identical in both the House and Senate-reported versions of the
bill, regarding the use of funds for consulting services.
Sec. 604.--The conference agreement includes section 604,
identical in both the House and Senate-reported versions of the
bill, providing that should any provision of the Act be held to
be invalid, the remainder of the Act would not be affected.
Sec. 605.--The conference agreement includes section 605,
identical in both the House and Senate-reported versions of the
bill, establishing the policy by which funding available to the
agencies funded under this Act may be reprogrammed for other
purposes.
Sec. 606.--The conference agreement includes section 606,
identical in both the House and Senate-reported versions of the
bill, regarding the construction, repair or modification of
National Oceanic and Atmospheric Administration vessels in
overseas shipyards.
Sec. 607.--The conference agreement includes section 607
regarding the purchase of American-made products, as provided
in both the House and Senate-reported bills.
Sec. 608.--The conference agreement includes section 608
which prohibits funds in the bill from being used to implement,
administer, or enforce any guidelines of the equal Employment
Opportunity Commission covering harassment based on religion
similar to proposed guidelines published by the EEOC in
October, 1993, as provided in both the House and Senate-
reported bills.
Sec. 609.--The conference agreement repeats language
contained in P.L. 104-134 which prohibits use of funds in this
Act to expand U.S. diplomatic presence in Vietnam beyond the
level in effect on July 11, 1995, unless the President
certifies that Vietnam is cooperating in full faith with the
United States on POW/MIA issues, as proposed in the House bill.
The Senate-reported bill deleted this provision.
Sec. 610.--The conference agreement includes section 610,
which repeats language contained in P.L. 104-134, prohibiting
the use of funds for any United Nations peacekeeping mission
that involves U.S. Armed Forces under the command or
operational control of a foreign national, unless the President
certifies that the involvement is in the national security
interest, as proposed in both the House and the Senate-reported
bills.
Sec. 611.--The conference agreement includes section 611
which prohibits the use of funds to provide certain amenities
for Federal prisoners as provided for in both the House and
Senate-reported bills.
Sec. 612.--The conference agreement includes a modified
version of section 612 restricting the use of funds provided
under the National Oceanic and Atmospheric Administration Fleet
Modernization account, as proposed in the House bill. The
Senate-reported bill deleted this provision. The modification
permits NOAA to develop long term plans to support its
fisheries research requirements.
The conference agreement does not include section 613, as
proposed by the House, but deleted by the Senate-reported bill,
imposing a limitation on funding for TV Marti when it is made
known that such funds would be inconsistent with the March 1995
Office of Cuba Broadcasting Reinventing Plan of the United
States Information Agency.
Sec. 613.--The conference agreement includes section 613,
which requires agencies and Departments funded in this Act to
absorb any necessary costs related to downsizing or
consolidations within the amounts provided to the agency or
Department. Both the House and the Senate-reported bills
included this section as section 614.
Sec. 614.--The conference agreement includes section 614,
which prohibits funds made available to the Federal Bureau of
Prisons from being used to make available any commercially
published information or material to a prisoner when it is made
known that such information or material is sexually explicit or
features nudity. Both the House and the Senate-reported bills
included this section as section 615.
Sec. 615.--The conference agreement includes section 615,
which requires a combined ten percent reduction in Community
Oriented Policing grants and the Local Law Enforcement Block
Grant, to a locality if it is made known that public safety
officers in that locality, who retire as a result of injuries
sustained in the line of duty do not continue to receive health
insurance benefits at the same or better level of benefits as
would be paid by the locality under a regular retirement plan.
The House bill proposed this provision as section 616. The
Senate-reported bill deleted this provision.
The conference agreement does not include a provision
included in the House bill as section 617, and deleted in the
Senate-reported bill, which would have required a ten percent
reduction in funds provided to a State, local or Federal
prison, if the facility had not reported to the Attorney
General each death of any individual who dies in custody of
that prison and the circumstances surrounding the death. The
conferees agree that in developing the fiscal year 1997
solicitation for grant applications for the State Corrections
Grant program, the conferees direct the Office of Justice
Programs to review the feasibility of requiring States to
report the name and circumstance of deaths that occur at a
municipal or county jail, State or Federal prison, or other
similar facility for the confinement of accused or convicted
criminals. The conferees further direct the Office of Justice
Programs to provide the House and Senate Committees on
Appropriations with a report outlining recommendations for the
implementation of such a requirement by December 15, 1996.
The conference agreement does not include a provision
that was included in the House bill as section 618, which was
deleted by the Senate-reported bill, that increased funding for
the Equal Employment Opportunity Commission and decreased
funding for Small Business Administration Disaster loan program
administrative expenses. Funding for these accounts has been
addressed in this conference agreement under title V.
Sec. 616.--The conference agreement includes section 616,
which includes language not in either the House or Senate-
reported bill, that addresses the subject included in the House
bill as section 619 and deleted by the Senate-reported bill.
The provision included in this conference agreement precludes
the filing of civil action for damages or injunctive relief
against a medical practitioner licensed by the State to provide
the medical activity or related health care entity who performs
a medical activity that would otherwise constitute an
infringement or inducement to infringe under 35 U.S.C. 271(a)
or (b) for patents issued after its enactment.
The term ``medical activity'' as defined in subsection
287(c)(2)(A) does not include ``the practice of a patented use
of a composition of matter.'' The term ``patented use of a
composition of matter'' as used in subsection (c)(2)(A)(ii) is
limited by subsection (c)(2)(F). Subsection (c)(2)(F) provides
that the term ``patented use of a composition of matter'' does
not include any claim for performing a medical or surgical
procedure on a body that recites the use of the composition of
matter where the use of the composition of matter does not
directly contribute to the achievement of the objective of the
claimed method. A use of a composition of matter as a step in a
claim will direct contribute to the achievement of the
objective of the claimed method if it is itself novel or if it
contributes to or is necessary to establish the non-obviousness
of the claim as a whole.
For a method claim in which each of the method steps
recites a ``use of a composition of matter'' the claim cannot
represent a ``medical activity'' because the use of a
composition of matter must necessarily contribute to the
novelty--and, therefore, to the objective--of the claimed
method. ``Uses of compositions of matter'' include, without
limitation, novel uses of drugs, novel uses of chemical or
biological reagents for diagnostic purposes, novel methods for
scheduling or timing administration of drugs, novel methods for
combining drug therapies, and novel methods for providing
genetic or other biological materials to a patient (including
gene therapies.) A particular example would be a claim that
recites only the novel use of a drug for the treatment of
diabetes that involves the administration of a drug at a
particular time of day and/or at a specified dose and/or with a
specified concomitant medicinal therapy could not be construed
as a ``medical activity.''
For a ``hybrid'' claim, ie., a claim with at least one
step that recites the use of a composition of matter and at
least one step that is not directed to the use of a composition
of matter (e.g., a surgical step), the test established by
subsection (c)(2)(F) must be applied to determine whether the
claim as a whole is exempted from the definition of a ``medical
activity'' because it is a patented use of a composition of
matter. The first step in this test is to determine the
objective of the claimed method taking into account all of the
process steps set forth in the claim. The second part of this
test is to determine whether the steps involving the use of one
or more compositions of matter either alone or in combination
contribute directly to the achievement of the objective of the
claimed method. It is interested that this part of the test
will have been met if the uses of the compositions of matter,
either individually or collectively, represents novel subject
matter, or if one or more of these steps contributes to or are
necessary to establish the non-obviousness of the claim as a
whole. Thus, even where the steps involving uses of one or more
compositions of matter are not novel individually or in
combination with each other, these uses may still directly
contribute to the achievement of the objective of the claimed
method if, in combination with the steps that involve
collectively obvious medical or surgical techniques, they
produce a novel and non-obvious method.
As an example, in the case of a surgical method for
transplanting a healthy heart into a patient with a diseased
heart, the inclusion of the step administering a conventional
anaesthetic in a claim reciting a novel and non-obvious
surgical transplantation procedure would not cause the surgical
procedure to be treated as a patented use of a composition of
matter within the meaning of subsection (c)(2)(A)(ii).
Therefore, assuming none of the other exceptions in subsection
(c)(2)(A) apply, the claimed surgical method would necessarily
qualify as a medical activity. In contrast, where the
administration of the anaesthesia was accomplished, for
example, using a novel anaesthetic or a novel dosing schedule,
the objective of the claimed method would include the provision
of a novel use of an anaesthetic in transplantation surgery and
the use of the composition of matter (ie., the anaesthetic)
would directly contribute to the achievement of the objective.
It is intended that the applicability of the exception in
(c)(2)(A)(ii) for a patented use of a composition of matter can
usually be decided by a motion to dismiss or summary judgment
under Rule 12(b) or Rule 56, respectively, of the Federal Rules
of Civil Procedure. For example, an accused infringer seeking
to invoke the relief from remedies afforded under 287(c)(1)
would ordinarily prevail under such a motion if the following
conditions are met: (1) the movant shows by clear and
convincing evidence that the recited uses of the compositions
of matter, both individually and collectively, lack novelty,
and (2) the movant also shows by a preponderance of the
evidence that the steps of the claimed method that do not
involve uses of compositions of matter (ie., the medical or
surgical procedure steps) are, by themselves, novel and non-
obvious, provided, however, that the movant may concede the
non-obviousness in lieu of making the required evidentiary
showing.
Paragraph (c)(2)(A)(iii) excludes from the definition of
``medical activity'' the practice of a patented process in
violation of a biotechnology patent. For the purposes of this
provision, the definition of the term ``biotechnology patent''
includes a patent on a ``biotechnological process'' as defined
in 35 U.S.C. Sec. 103(b), as well as a patent on a process of
making or using biological materials, including treatment using
those materials, where those materials have been manipulated ex
vivo at the cellular or molecular level.
Biological materials which may be manipulated ex vivo at
the cellular or molecular level include a variety of cellular,
intracellular, extracellular, and acellular substances.
Cellular substances include (but are not limited to) cultured
microbial and mammalian cells. Intracellular substances include
(but are not limited to) genetic materials, such as DNA and RNA
that is obtained from within the cell. Extracellular substances
include (but are not limited to) proteins and other molecules
that are secreted or excreted by cells. Acellular substances
include (but are not limited to) viruses and other vectors for
transmitting genetic material.
Ex vivo manipulation includes propagation, expansion,
selection, purification, pharmaceutical treatment, or
alteration of the biological characteristics of these
substances outside of a human body.
This definition excluded medical procedures which do not
involve ex vivo cellular or molecular manipulation of a
biological material. For example, a patent on a method of
performing heart transplantation surgery, including the use of
a heart-lung machine, is excluded from this definition on two
grounds: first, the method involves manipulation in vivo, not
ex vivo, and second, the method does not manipulate the
cellular or molecular characteristics of the heart.
The House bill included a provision which prohibited
funds from being used by the Patent and Trademark Office to
issue patents for surgical and medical procedures and
diagnoses, with certain exceptions for medical and biomedical
devices and processes.
Sec. 617.--The conference agreement includes section 617,
which eliminates current reprogramming requirements which are
redundant with section 605 of this Act. The Senate-reported
bill included this provision as section 620. The House bill
contained no similar provision.
Sec. 618.--The conference agreement includes section 618,
which permits the Secretary of Transportation to issue a
guarantee under title XI of the Merchant Marine Act, 1936, upon
such terms as the Secretary may prescribe, to assist in the
reactivation and modernization of currently closed shipyards
that historically built military vessels if the State in which
it is located is making a significant financial investment and
is paying the credit subsidy cost of the guarantee. The
provision requires the Secretary to impose such conditions as
are necessary to protect the interests of the United States
from the risk of a default. Total guarantees under this section
are not to exceed $50,000,000, and no commitment to guarantee
obligations under this provision may be issued more than one
year from the date of enactment of this section. The Senate-
reported bill contained a provision under section 622 that
provided authority to make these guarantees, but did not
require State contributions or require the imposition of any
conditions relating to the risk of default. The House bill did
not contain any provision on this matter.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
Working Capital fund
(rescission)
The conference agreement includes a rescission of
$30,000,000 from unobligated balances under this heading, as
proposed in the Senate-reported bill. The House bill did not
include a rescission from this account.
Immigration and Naturalization Service
immigration emergency fund
(rescission)
The conference agreement includes a rescission of
$34,779,000 from unobligated balances under this heading, as
proposed in the Senate-reported bill. The House bill did not
include a rescission from this account.
TITLE VIII--FISCAL YEAR 1996 SUPPLEMENTAL AND RESCISSION
DEPARTMENT OF JUSTICE
Federal Prison System
salaries and expenses
The conference agreement includes a $40,000,000
supplemental appropriation for fiscal year 1996 for the Federal
Prison System and makes these funds available until September
30, 1997, in order to allow total carryover funding for this
account to be $90,000,000. This provision was not included in
the House and Senate-reported bills, but is necessary for
technical reasons to ensure that adequate funds are available
for prison activations which were scheduled for 1996, but have
been delayed until 1997.
(rescission)
The conference agreement includes a rescission of
$40,000,000 from funds appropriated in fiscal year 1996 for the
Federal Prison System. Neither the House nor the Senate-
reported bills included this rescission. Funding is available
for rescission as a result of delayed activations of prisons
scheduled to open in fiscal year 1996. This provision, in
conjunction with the previous provision, is necessary to ensure
that additional resources may carry forward from fiscal year
1996 to fiscal year 1997 to support ongoing prison system
operations.
TITLE IX--FISCAL YEAR 1997 DISASTER ASSISTANCE
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
The conference agreement includes $25,000,000 in
emergency fiscal year 1997 funding for infrastructure expenses
related to recovery efforts associated with Hurricanes Fran and
Hortense and other natural disasters, instead of $18,000,000
requested as a fiscal year 1996 emergency supplemental
appropriation. Amounts provided under this account are
designated as emergency requirements pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
RELATED AGENCY
Small Business Administration
disaster loans program account
In addition to amounts provided under title V of the
bill, the conference agreement provides an additional
$113,000,000 in emergency fiscal year 1997 subsidy
appropriations for disaster loans for recovery efforts related
to Hurricanes Fran and Hortense, and other natural disasters.
In addition to amounts provided under title V of the
bill, the conference agreement includes an additional
$22,000,000 in emergency fiscal year 1997 funding for
administrative expenses necessary to carry out the disaster
loan program for Hurricanes Fran and Hortense and other natural
disasters, instead of $22,000,000 requested as a fiscal year
1996 emergency supplemental appropriation. Amounts provided
under this account are designated as emergency requirements
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
section 101(b)
Department of Defense Appropriations Act, 1997
The conference agreement on the Department of Defense
Appropriations Act, 1997, incorporates some of the provisions
of both the House and Senate versions of the bill. The language
and allocations set forth in House Report 104-617 and Senate
Report 104-286 should be complied with unless specifically
addressed in the accompanying bill and statement of the
managers to the contrary.
definition of program, project, and activity
The conferees agree that for the purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177) as amended by the Balanced Budget and Emergency Deficit
Control Reaffirmation Act of 1987 (Public Law 100-119) and by
the Budget Enforcement Act of 1990 (Public Law 101-508), the
term program, project, and activity for appropriations
contained in this Act shall be defined as the most specific
level of budget items identified in the Department of Defense
Appropriations Act, 1997, the accompanying House and Senate
Committee reports, the conference report and accompanying joint
explanatory statement of the mangers of the Committee of
Conference, the related classified annexes and reports, and the
P-1 and R-1 budget justification documents as subsequently
modified by Congressional action. The following exception to
the above definition shall apply:
For the Military Personnel and the Operation and
Maintenance accounts, the term ``program, project, and
activity'' is defined as the appropriations accounts contained
in the Department of Defense Appropriations Act. At the time
the President submits his budget for fiscal year 1998, the
conferees direct the Department of Defense to transmit to the
congressional defense committees a budget justification
document to be known as the ``O-1'' which shall identify, at
the budget activity, activity group, and subactivity group
level, the amounts requested by the President to be
appropriated to the Department of Defense for operation and
maintenance in any budget request, or amended budget request,
for fiscal year 1998.
TITLE I--MILITARY PERSONNEL
The conferees agree to the following amounts and end
strength totals for the Military Personnel accounts as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Active personnel:
Army.................................................... 20,580,738 20,692,838 20,559,042 20,633,998
Navy.................................................... 16,942,956 17,000,856 16,943,581 16,986,976
Marine Corps............................................ 6,102,108 6,103,808 6,099,182 6,111,728
Air Force............................................... 17,043,150 17,099,550 17,021,810 17,069,490
Reserve personnel:
Army.................................................... 2,043,679 2,083,379 2,052,136 2,073,479
Navy.................................................... 1,386,306 1,392,406 1,396,989 1,405,606
Marine Corps............................................ 381,143 387,943 389,325 388,643
Air Force............................................... 775,967 780,497 785,842 783,697
National Guard personnel:
Army.................................................... 3,242,493 3,279,393 3,259,169 3,266,393
Air Force............................................... 1,284,290 1,294,490 1,295,511 1,296,490
---------------------------------------------------
Total, Military Personnel............................. 69,782,830 70,115,160 69,802,587 70,016,500
----------------------------------------------------------------------------------------------------------------
force structure changes
The fiscal year 1997 budget request included reductions
in the size of Primary Aircraft Authorized (PAA) levels for Air
Force B-52's, and Air National Guard C-130's and General
Purpose fighter units. In addition, the budget reduced the
number of both active and reserve P-3 squadrons. The conferees
have recommended a total of $163,600,000 to maintain these
units at the fiscal year 1996 levels as follows:
[In thousands of dollars]
------------------------------------------------------------------------
Milpers O&M; Proc Total
------------------------------------------------------------------------
Navy, P-3's..................... 22,100 16,100 ........ 38,200
Air Force, B-52's............... 4,400 47,900 11,500 63,800
ANG, C-130's.................... 2,000 6,700 ........ 8,700
ANG, General Purpose Fighters... 8,500 44,400 ........ 52,900
---------------------------------------
Total..................... 37,000 115,100 11,500 163,600
------------------------------------------------------------------------
housing allowances
The conferees agree to provide $58,230,000, for a 4.6
percent increase in the Basic Allowance for Quarters (BAQ), to
be effective January 1, 1997, and $35,000,000 for an increase
to the Variable Housing Allowance (VHA) to help offset the cost
to service members who live in high cost geographical areas.
dental incentive pay
The conferees recommend an increase of $11,100,000 for
special pays and allowances to retain dental officers serving
in the military services.
board certification pay
The conferees encourage the Department to expand board
certification pay to all board certified medical department
personnel, including nurses and veterinarians, who are involved
in the health and well being of our service members and their
families.
permanent change of station costs
The conferees are concerned that the Department of
Defense is expending excessive amounts each year for permanent
change of station (PCS) travel. Accordingly, the conferees
direct the Department to reduce the level of funds budgeted for
PCS moves in the fiscal year 1998 budget submission by three
percent. Further, the conferees recommend a reduction of two
percent to the fiscal year 1997 military personnel
appropriations accounts.
ACTIVE END STRENGTH
[Fiscal year 1997]
------------------------------------------------------------------------
Conference
Budget Conference vs. Budget
------------------------------------------------------------------------
Army................................ 495,000 495,000 ..........
Navy................................ 406,900 407,266 +366
Marine Corps........................ 174,000 174,000 ..........
Air Force........................... 381,100 381,100 ..........
-----------------------------------
Total, Active Personnel........... 1,457,000 1,457,366 +366
------------------------------------------------------------------------
Military Personnel, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Basic Allowance for Quarters.......... 17,300 10,784 17,300
Variable Housing Allowance............ 5,900 ......... 7,200
Dislocation Allowance................. 15,500 ......... 14,300
Temporary Lodging Expense............. 12,000 ......... ..........
Permanent Change of Station........... ......... -41,280 -20,640
Dental Incentive Pay.................. 5,000 2,400 3,700
Special Duty Assignment Pay........... 6,400 6,400 6,400
Manpower Shortfalls................... 50,000 ......... 25,000
---------------------------------
Total, Military Personnel, Army. 112,100 -21,696 53,260
------------------------------------------------------------------------
Military Personnel, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Basic Allowance for Quarters.......... 15,400 9,885 15,400
Variable Housing Allowance............ 15,200 ......... 14,100
Dislocation Allowance................. 10,900 ......... 7,200
Temporary Lodging Expense............. 4,400 ......... ..........
Permanent Change of Station........... ......... -23,760 -11,880
Dental Incentive Pay.................. 5,000 3,900 3,700
P-3 Squadron.......................... 7,000 10,600 15,500
---------------------------------
Total, Military Personnel, Navy. 57,900 625 44,020
------------------------------------------------------------------------
Military Personnel, Marine Corps
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Basic Allowance for Quarters.......... 4,500 2,834 4,500
Variable Housing Allowance............ 10,600 ......... 3,300
Dislocation Allowance................. 3,900 ......... 3,000
Temporary Lodging Expense............. 3,100 ......... ..........
Permanent Change of Station........... ......... -9,160 -4,580
Embassy Support....................... -20,400 ......... ..........
Selective Reenlistment Bonus.......... ......... 3,400 3,400
---------------------------------
Total, Military Personnel,
Marine Corps................... 1,700 -2,926 9,620
------------------------------------------------------------------------
Marine Security Guards
The conference agreement fully funds the amounts
requested in the budget for the Marine Security Guard program.
The Marine Corps has traditionally provided security support at
United States Embassies and other overseas diplomatic posts,
and the personnel and support costs of these operations have
been shared jointly between the Departments of Defense and
State. This year's budget submission proposed changing this
relationship, with the Department of Defense bearing nearly all
the costs of this program.
The conferees are concerned that this decision, along
with proposals to increase the scope of overseas Marine Corps
diplomatic security support, has been made without sufficient
regard to recurring funding shortfalls in the Marine Corps
budget as well as manpower constraints stemming from the high
tempo of personnel moves and operations. The conferees believe
the Departments of Defense and State, along with the Marine
Corps, should work together to rationalize the overall
requirements stemming from the Marine Security Program in order
to strike an appropriate balance between providing essential
security support for overseas diplomatic operations and the
Marine Corps' military missions. The conferees believe Marine
Corps support for our overseas diplomatic efforts should not
come at the expense of combat readiness and fully expect future
budget submissions to adequately resource both activities.
Military Personnel, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Basic Allowance for Quarters.......... 14,700 9,280 14,700
Variable Housing Allowance............ 11,500 ......... 7,600
Dislocation Allowance................. 18,600 ......... 12,400
Temporary Lodging Expense............. 4,000 ......... ..........
Permanent Change of Station........... ......... -32,920 -16,460
Dental Incentive Pay.................. 5,000 2,300 3,700
Reliability Testing................... 2,600 ......... ..........
B-52 Force Structure.................. ......... ......... 4,400
---------------------------------
Total, Military Personnel, Air
Force.......................... 56,400 -21,340 26,340
------------------------------------------------------------------------
National Guard and Reserve Forces
The conferees agree to provide $9,214,308,000 in Reserve
personnel appropriations, $8,582,539,000 in Operation and
maintenance appropriations, and $780,000,000 in the National
Guard and Reserve Equipment appropriation. These funds support
a Selected Reserve strength as shown below.
RESERVE STRENGTHS
[Fiscal year 1997]
------------------------------------------------------------------------
Conference
Budget Conference vs. Budget
------------------------------------------------------------------------
Selected Reserve:
Army Reserve....................... 214,925 215,179 +254
Navy Reserve....................... 95,941 96,304 +363
Marine Corps Reserve............... 42,000 42,000 ..........
Air Force Reserve.................. 73,281 73,377 +96
Army National Guard................ 366,758 366,758 ..........
Air National Guard................. 108,018 109,178 +1,160
----------------------------------
Total............................ 900,923 902,796 +1,873
==================================
AGR/TARS:
Army Reserve....................... 11,550 11,804 +254
Navy Reserve....................... 16,506 16,626 +120
Marine Corps Reserve............... 2,559 2,559 ..........
Air Force Reserve.................. 625 625 ..........
Army National Guard................ 23,040 23,040 ..........
Air National Guard................. 10,129 10,403 +274
----------------------------------
Total............................ 64,409 65,057 +648
==================================
Technicians:
Army Reserve....................... 6,799 6,799 ..........
Air Force Reserve.................. 9,704 9,704 ..........
Army National Guard................ 25,500 25,500 ..........
Air National Guard................. 22,881 23,274 +393
----------------------------------
Total............................ 64,884 65,277 +393
------------------------------------------------------------------------
Reserve Personnel, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Unit Readiness/Training............... 30,000 ......... 20,000
Basic Allowance for Quarters.......... 700 457 700
Variable Housing Allowance............ 400 ......... 500
Dislocation Allowance................. 600 ......... 600
Full Time Support/AGR's............... 8,000 8,000 8,000
---------------------------------
Total, Reserve Personnel, Army.... 39,700 8,457 29,800
------------------------------------------------------------------------
Reserve Personnel, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Basic Allowance for Quarters.............. 1,100 683 1,100
Variable Housing Allowance................ 1,300 ....... 700
Dislocation Allowance..................... 600 ....... 900
Temporary Lodging Expense................. 100 ....... ..........
P-3 Squadron.............................. 3,000 ....... 6,600
Contributory Support...................... ....... 10,000 10,000
-----------------------------
Total, Reserve Personnel, Navy...... 6,100 10,683 19,300
------------------------------------------------------------------------
Reserve Personnel, Marine Corps
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Annual Training/School Tours.............. 6,000 ....... 3,000
Basic Allowance for Quarters.............. 300 182 300
Variable Housing Allowance................ 400 ....... 100
Dislocation Allowance..................... 100 ....... 100
Active Duty Special Work.................. ....... 8,000 4,000
-----------------------------
Total, Reserve Personnel, Marine
Corps.............................. 6,800 8,182 7,500
------------------------------------------------------------------------
Reserve Personnel, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
BRAC Closure.............................. 4,000 9,000 6,500
Basic Allowance for Quarters.............. 430 275 430
Variable Housing Allowance................ 100 ....... 100
Dislocation Allowance..................... ....... ....... 100
Family Support Centers.................... ....... 600 600
-----------------------------
Total, Reserve Personnel, Air Force. 4,530 9,875 7,730
------------------------------------------------------------------------
National Guard Personnel, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
School/Special Training................... 31,000 15,000 20,000
Basic Allowance for Quarters.............. 2,700 1,676 2,700
Variable Housing Allowance................ 800 ....... 900
Dislocation Allowance..................... 2,400 ....... 300
-----------------------------
Total, National Guard Personnel,
Army............................... 36,900 16,676 23,900
------------------------------------------------------------------------
National Guard Personnel, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
Basic Allowance for Quarters.............. 1,100 721 1,100
Variable Housing Allowance................ 600 ....... 500
C-130 Force Structure..................... ....... 2,000 2,000
Dislocation Allowance..................... ....... ....... 100
Fighter Force Structure................... 8,500 8,500 8,500
-----------------------------
Total, National Guard Personnel, Air
Force.............................. 10,200 11,221 12,200
------------------------------------------------------------------------
TITLE II--OPERATION AND MAINTENANCE
A summary of the conference agreement on the items
addressed by either the House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
285 RECAPITULATION
285O&M.; ARMY 18,031,145 18,365,679 17,700,859 17,519,340
28600 TRANSFER--STOCKPILE (83,334) (50,000) (50,000) (50,000)
286O&M.; NAVY 20,112,864 20,390,397 20,241,517 20,061,961
28700 TRANSFER--STOCKPILE (83,333) (50,000) (50,000) (50,000)
287O&M.; MARINE CORPS 2,203,777 2,465,077 2,275,977 2,254,119
288O&M.; AIR FORCE 17,830,122 17,938,755 17,331,309 17,263,193
28850 TRANSFER--STOCKPILE (83,333) (50,000) (50,000) (50,000)
289O&M.; DEFENSEWIDE 10,156,468 10,212,985 9,953,142 10,044,200
290O&M.; ARMY RESERVE 1,084,436 1,116,436 1,129,436 1,119,436
290O&M.; NAVY RESERVE 843,927 882,927 861,527 886,027
291O&M.; MARINE CORPS RESERVE 99,667 108,467 115,367 109,667
291O&M.; AIR FORCE RESERVE 1,488,553 1,491,553 1,494,953 1,496,553
292O&M.; ARMY NATIONAL GUARD 2,208,477 2,268,477 2,294,477 2,254,477
292O&M.; AIR NATIONAL GUARD 2,654,473 2,671,373 2,721,973 2,716,379
292UNITED STATES COURT OF APPEALS FOR 6,797 6,797 6,185 6,797
THE ARMED FORCES
293ENVIRONMENTAL RESTORATION, ARMY 356,916 ............... 356,916 339,109
293ENVIRONMENTAL RESTORATION, NAVY 302,900 ............... 302,900 287,788
294ENVIRONMENTAL RESTORATION, AIR 414,700 ............... 414,700 394,010
FORCE
294ENVIRONMENTAL RESTORATION, DEFENSE- 258,500 ............... 38,650 36,722
WIDE
294ENVIRONMENTAL RESTORATION, FORMERLY ............... ............... 269,850 256,387
USED DEFENSE SITES
295ENVIRONMENTAL RESTORATION, DEFENSE ............... 1,333,016 ............... ...............
295FORMER SOVIET UNION THREAT 327,900 302,900 327,900 327,900
REDUCTION
296OVERSEAS HUMANITARIAN, DISASTER, 80,544 60,544 49,000 49,000
AND CIVIC AID
297QUALITY OF LIFE ENHANCEMENTS, ............... 975,000 ............... 600,000
DEFENSE
297OVERSEAS CONTINGENCY OPERATIONS ............... ............... 1,069,957 1,140,157
TRANSFER FUND
298REDUCTION OF FUNDS ............... -35,000 ............... ...............
---------------------------------------------------------------------
29850 GRAND TOTAL, O&M.; 78,462,166 80,555,383 78,956,595 79,163,222
----------------------------------------------------------------------------------------------------------------
antiterrorism issues
The conferees support DoD efforts to prevent terrorist
attacks on US Government personnel overseas and believe that
adoption of recommendations contained in the Antiterrorism Task
Force Report is a good first step toward improving the security
of US Government personnel worldwide. In order to establish a
more effective program, the conferees direct the Secretary of
Defense, in conjunction with the Secretary of State, to conduct
security audits of facilities overseas to ensure that all
possible action is being taken, and enforced, to protect US
Government personnel against terrorist attacks. These audits
should include, but not be limited to, physical and operational
security measures; crisis planning; special security measures
at nonpermanent facilities; cooperative security measures with
host nations; education and training of personnel, and
communications security. The results of these audits, and
accompanying recommendations, should be provided to the
congressional defense committees not later than March 15, 1997.
dod travel reengineering
The conferees are aware of the DoD efforts to reengineer
the travel process and fully support those objectives. The
Department is commended for taking on this effort given the
significance of the potential savings. The conferees are aware
that many issues have not been resolved regarding the
acquisition strategy and how it will be implemented. Given
these circumstances, the conferees believe that DoD should
provide industry sources with another opportunity to comment on
any revised strategy in order to ensure that industry ``best
practices'' will be employed. The conferees are also concerned
about the Department's continued award of contracts under the
old travel system. A tremendous amount of time and expense is
incurred by the government and all vendors on these new
contracts. Inasmuch as DoD intends to recast the entire travel
system, the justification for the Department to award new five
year contracts under the old travel system is considered
inappropriate. Consequently, the conferees urge the Department
to consider placing a moratorium on awarding any new contracts
until the new travel system is defined and can be implemented.
chemical-biological equipment
The conferees direct the Secretary of Defense to provide
the congressional defense committees with a report on the
actual and projected status of execution of funds appropriated
to each of the services in support of chemical-biological
protective training and equipment for fiscal years 1996 and
1997, not later than March 1, 1997.
ustranscom efficiencies
The conferees are aware that the effort to consolidate
responsibilities and assets under the charter of USTRANSCOM is
a continuing evolution and are encouraged by the potential for
a more streamlined and efficient logistics support system for
the Department of Defense. The Department is strongly
discouraged from redistributing these reductions to the
individual service accounts without simultaneously directing a
rebate or reduction to the customer rates charged by
USTRANSCOM, thereby defeating any effort to capture savings
resulting from these consolidation efforts, and the conferees
will continue to monitor the progress of this endeavor.
vietnamese commandos
The Conferees urge the Department of Defense to make
available up to $20,000,000 for payments to Vietnamese
commandos captured and incarcerated by North Vietnam pursuant
to operations under a Vietnam ear operation plan known as OPLAN
34A or its predecessor, and to Vietnamese operatives captured
and incarcerated by North Vietnamese forces pursuant to OPLAN
35 who remained in captivity after 1973, and who have not
received payment from the United States for the period spent in
captivity.
environmental compliance
The conferees are aware of the Department's requirement
for funding within the environmental compliance accounts, and
are concerned with the amount of training and administrative
travel within these accounts. Therefore, the conferees direct
that each of the services reduce by $5,000,000 the training and
administrative travel within the environmental compliance
program.
reengineering of Personal Property Program
The conferees recognize the urgency of improving the
Department of Defense personal property relocation program, and
do not object to the conduct of a pilot program in order to
validate this concept. The conferees commend the Department for
including industry representatives in the development of the
pilot program.
The conferees believe there are still several significant
concerns that should be addressed in the final pilot proposal,
and encourage the Department to continue their work with the
industry representatives to resolve these outstanding issues
concerning the structure of the pilot program.
The conferees understand the proposed pilot program
involves outbound household goods from a three state region,
and direct that this outbound portion of the pilot program not
be expanded beyond this area during fiscal years 1997 and 1998.
The conferees direct that before the Department proposes
further expansion of this program, or any other household goods
relocation pilot program, the General Accounting Office (GAO)
should review data collected during fiscal year 1997, and
validate the results and savings achieved by such pilot
programs.
Operation and Maintenance, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
1 OPERATION AND MAINTENANCE, ARMY
1 BUDGET ACTIVITY 1: OPERATING
FORCES
2 LAND FORCES
2COMBAT UNITS 1,785,131 1,785,131 1,785,131 1,785,131
2CONTINGENCY OPERATIONS TRANSFER --- --- -378,657 -382,857
3TACTICAL SUPPORT 1,144,383 1,144,383 1,144,383 1,144,383
3HUNTER UAV --- --- 12,000 12,000
3THEATER DEFENSE FORCES 150,569 150,569 150,569 150,569
4FORCE RELATED TRAINING/SPECIAL 1,410,908 1,468,008 1,410,908 1,453,908
ACTIVITIES
4FORCE COMMUNICATIONS 65,150 65,150 65,150 65,150
5DEPOT MAINTENANCE 845,251 894,951 845,251 879,951
5SPARES AND REPAIR PARTS --- --- -30,000 -60,000
5DEPOT MAINTENANCE RMS PROGRAM --- --- 20,000 ---
5CH-47 HELICOPTER ENGINE UPGRADE --- --- 4,600 4,600
SUPPORT
5JCS EXERCISES 55,087 55,087 55,087 55,087
6BASE SUPPORT 2,686,320 2,689,320 2,731,720 2,719,912
6MAINTENANCE OF REAL PROPERTY 835,451 835,451 904,051 835,451
7 LAND OPERATIONS SUPPORT
7COMBAT DEVELOPMENTS 206,538 206,538 206,538 206,538
8UNIFIED COMMANDS 63,769 63,769 63,769 63,769
---------------------------------------------------------------------
850 TOTAL, BUDGET ACTIVITY 1 9,248,557 9,358,357 8,990,500 8,933,592
=====================================================================
9 BUDGET ACTIVITY 2: MOBILIZATION
9 MOBILITY OPERATIONS
10POMCUS 82,303 82,303 82,303 82,303
10STRATEGIC MOBILIZATION 287,934 314,934 314,934 314,934
11WAR RESERVE ACTIVITIES 150,971 150,971 150,971 150,971
11INDUSTRIAL PREPAREDNESS 65,235 65,235 65,235 65,235
---------------------------------------------------------------------
1200 TOTAL, BUDGET ACTIVITY 2 586,443 613,443 613,443 613,443
=====================================================================
12 BUDGET ACTIVITY 3: TRAINING AND
RECRUITING
13ACCESSION TRAINING
13OFFICER ACQUISITION 61,442 61,442 61,442 61,442
14RECRUIT TRAINING 13,131 13,131 13,131 13,131
14ONE STATION UNIT TRAINING 16,679 16,679 16,679 16,679
15RESERVE OFFICER TRAINING CORPS 120,634 120,634 120,634 120,634
(ROTC)
15BASE SUPPORT (ACADEMY ONLY) 81,493 81,493 82,893 82,234
16MAINTENANCE OF REAL PROPERTY 40,821 40,821 40,821 40,821
(ACADEMY ONLY)
16 BASIC SKILL/ADVANCE TRAINING
17 SPECIALIZED SKILL TRAINING 242,298 240,498 242,298 240,498
17FLIGHT TRAINING 225,460 214,160 225,460 214,160
18PROFESSIONAL DEVELOPMENT EDUCATION 68,478 68,478 68,478 68,478
18TRAINING SUPPORT 405,222 403,322 405,222 401,822
19BASE SUPPORT (OTHER TRAINING) 898,954 898,954 913,654 906,742
19MAINTENANCE OF REAL PROPERTY (OTHER 274,999 274,999 297,599 274,999
TRAINING)
20 RECRUITING/OTHER TRAINING
20RECRUITING AND ADVERTISING 228,234 228,234 232,234 232,234
21EXAMINING 72,125 72,125 72,125 72,125
21OFF-DUTY AND VOLUNTARY EDUCATION 101,970 101,970 101,970 101,970
22CIVILIAN EDUCATION AND TRAINING 83,296 80,296 83,296 80,296
22JUNIOR ROTC 76,640 76,640 76,640 76,640
23BASE SUPPORT (RECRUITING LEASES) 158,064 158,064 158,064 158,064
---------------------------------------------------------------------
2350 TOTAL, BUDGET ACTIVITY 3 3,169,940 3,151,940 3,212,640 3,162,969
=====================================================================
24 BUDGET ACTIVITY 4: ADMIN &
SERVICEWIDE ACTIVITIES
24 SECURITY PROGRAMS
25SECURITY PROGRAMS 364,270 352,770 364,270 352,770
25 LOGISTICS OPERATIONS
26SERVICEWIDE TRANSPORTATION 515,541 515,541 515,541 515,541
26CENTRAL SUPPLY ACTIVITIES 398,003 414,203 398,003 429,203
27LOGISTIC SUPPORT ACTIVITIES 308,497 303,697 358,497 302,697
27AMMUNITION MANAGEMENT 257,812 307,812 297,812 277,812
28 SERVICEWIDE SUPPORT
28ADMINISTRATION 309,075 309,075 309,075 309,075
29SERVICEWIDE COMMUNICATIONS 689,100 689,100 689,100 689,100
29POWER PROJECTION C4I ............... ............... 20,000 15,000
29MANPOWER MANAGEMENT 158,424 158,424 158,424 158,424
30OTHER PERSONNEL SUPPORT 171,661 171,661 171,661 171,661
30OTHER SERVICE SUPPORT 596,539 596,539 600,439 600,439
31ARMY CLAIMS ACTIVITIES 175,881 175,881 175,881 175,881
31REAL ESTATE MANAGEMENT 79,628 79,628 79,628 79,628
32BASE SUPPORT 666,216 666,216 676,716 671,776
32PENTAGON RESERVATION FUND TRANSFER ............... ............... -59,100 -59,100
32MAINTENANCE OF REAL PROPERTY 106,065 106,065 114,865 106,065
33 SUPPORT OF OTHER NATIONS
33INTERNATIONAL MILITARY HEADQUARTERS 273,924 273,924 267,861 267,861
34MISC SUPPORT OF OTHER NATIONS 38,903 38,903 38,903 38,903
---------------------------------------------------------------------
3450 TOTAL, BUDGET ACTIVITY 4 5,109,539 5,159,439 5,177,576 5,102,736
=====================================================================
35CLASSIFIED PROGRAMS UNDISTRIBUTED ............... 6,600 ............... 7,800
36CIVILIAN PERSONNEL UNDERSTRENGTH ............... -19,000 -133,000 -19,000
37GENERAL REDUCTION, NATIONAL DEFENSE -83,334 -50,000 -50,000 -50,000
STOCKPILE FUND
37GENERAL REDUCTION, NATL DEFENSE ............... ............... ............... -10,000
STOCKPILE FUND/OTHER
37FOREIGN CURRENCY FLUCTUATION ............... ............... ............... -69,000
38PRINTING EFFICIENCIES ............... -3,000 ............... -3,000
41ACQUISITION WORKFORCE REDUCTION ............... -14,000 ............... -14,000
41FUEL TAX CREDIT ............... -13,800 -13,800 -13,800
42USTRANSCOM EFFICIENCIES ............... -37,000 -33,000 -37,000
42OSA FLYING HOUR REDUCTION ............... -20,000 ............... -5,000
42CHEMICAL-BIOLOGICAL EQUIP MAINT ............... 13,200 ............... 10,200
SUPPORT
42REAL PROPERTY MAINTENANCE ............... 155,000 ............... ...............
42NON-LETHAL WEAPONS ............... ............... 2,000 ...............
43FORSCOM UNDEREXECUTION ............... 2,000 -5,100 -5,100
43MWR OVERHEAD ............... ............... -1,500 -1,500
43INFORMATION RESOURCE MANAGEMENT ............... 32,500 ............... -50,000
43BASE OPERATIONS SHORTFALL ............... 30,000 ............... ...............
43DBOF PASSTHROUGH ............... ............... -58,900 -29,000
43ENVIRONMENTAL COMPLIANCE ............... ............... ............... -5,000
---------------------------------------------------------------------
4350 TOTAL, OPERATION AND 18,031,145 18,365,679 17,700,859 17,519,340
MAINTENANCE, ARMY
4400 TRANSFER (83,334) (50,000) (50,000) (50,000)
=====================================================================
4450 TOTAL FUNDING AVAILABLE (18,114,479) (18,415,679) (17,750,859) (17,569,340)
----------------------------------------------------------------------------------------------------------------
adjustments to budget activities
Adjustments to the budget activities are as follows:
Budget Activity 1: Operating Forces:of dollars]
255 Contingency Operations Transfer...................... -382,857
305 Hunter UAV........................................... 12,000
400 Soldier Enhancement/Initial Issue.................... 43,000
500 Depot Maintenance RMS Program........................ 20,000
500 Depot Maintenance-Vehicle Backlog.................... 14,700
505 Spares-Spare and Repair Parts........................ -60,000
515 CH-47 Helicopter Engine Upgrade Support.............. 4,600
600 Base Operations Support.............................. 22,992
600 BOS-McGregor Range EIS............................... 7,100
600 BOS-UXO Cleanup Ft. Bliss............................ 1,000
600 JRTC/Ft. Polk........................................ 500
600 Rotational Airhead................................... 2,000
Budget Activity 2: Mobilization:
1050 Strategic Mobility-Movement of Prepositioned Stocks. 27,000
Budget Activity 3: Training and Recruiting:
1550 Base Operations Support............................. 741
1700 Specialized Skill Training.......................... -1,800
1750 Flight Training..................................... -11,300
1850 TNET................................................ 3,500
1850 Training Support.................................... -6,900
1900 Base Operations Support............................. 7,788
2050 Recruiting and Advertising.......................... 4,000
2200 Civilian Education & Training....................... -3,000
Budget Activity 4: Administration and Servicewide
Activities:
2500 Security Programs................................... -11,500
2650 Acquisition Workforce Reduction..................... -8,800
2650 End Item Management................................. 40,000
2700 Acquisition Workforce Reduction..................... -8,800
2700 Depot Maintenance Logistics Tail.................... 3,000
2750 Ammunition Management............................... 20,000
2905 Power Projection C4I................................ 15,000
3050 Conservation and Ecosystem Management Program....... 3,000
3050 Life Science Equipment Lab.......................... 550
3050 Waste Water Treatment Planning...................... 350
3200 Base Operations Support............................. 5,560
3205 Pentagon Reservation Fund Transfer.................. -59,100
3350 NATO Headquarters Reduction......................... -6,063
Undistributed:
3550 Classified (Undistributed).......................... 7,800
3600 Civilian Personnel Underexecution................... -19,000
3700 DNSC Transfer....................................... 33,334
3710 National Defense Stockpile Fund/Other............... -10,000
3750 Foreign Currency Fluctuation........................ -69,000
3850 Printing Efficiencies............................... -3,000
4180 Acquisition Workforce Reduction..................... -14,000
4190 Fuel Tax Credit..................................... -13,800
4200 USTRANSCOM Efficiencies............................. -37,000
4210 OSA Flying Hour Reduction........................... -5,000
4260 Chem-Bio Equipment Support.......................... 10,200
4320 FORSCOM Underexecution.............................. -5,100
4322 MWR Overhead........................................ -1,500
4325 Information Resource Management..................... -50,000
4337 DBOF Passthrough.................................... -29,000
4340 Environmental Compliance Reduction.................. -5,000
hunter uav
Until the Tactical Unmanned Aerial Vehicle (TUAV) is
fielded in the fiscal year 1998 or 1999 time frame, the Hunter
UAV is the only system available for tactical warfighters. The
Army has several additional Hunter systems but these are
currently in storage. These systems have already been procured
and are currently consuming resources without providing any
return. These assets could contribute by providing warfighters
the opportunity to refine doctrine, gain tactical experience,
fulfill contingency requirements, and work on critical issues
such as airspace management and command and control. Therefore,
the conferees agree to provide $12,000,000 to remove three
Hunter systems from storage to provide a capability to further
develop UAV concepts of operation. The conferees' action is not
to be interpreted as authority to upgrade or further develop
the Hunter UAV system.
memorial events
The conference agreement includes language suggested by
the Department of Defense clarifying the Army's authority to
continue its practice of supporting several national patriotic
events. The conferees expect that funds will be made available
pursuant to this provision, in addition to the budgeted amount,
for operational expenses necessary for the successful conduct
of national memorial and patriotic events.
parachute maintenance and repair
Of the funds provided under this heading, the conferees
direct that $2,000,000 be made available for the purpose of
contracting out the workload as necessary to reduce the backlog
of maintenance and repair work on cargo and personnel
parachutes at Fort Bragg.
cement production
In response to a recommendation by the US Army Corps of
Engineers following a preliminary review of burning hazardous
waste in cement kilns, the conferees believe that the Waterways
Experiment Station of the US Army Corps of Engineers should use
$200,000 of existing funds for a study to research the long
term durability and quality of cement produced by using
hazardous waste materials as fuels.
Operation and Maintenance, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
45 OPERATION AND MAINTENANCE, NAVY
45 BUDGET ACTIVITY 1: OPERATING FORCES
46 AIR OPERATIONS
46MISSION AND OTHER FLIGHT OPERATIONS 1,867,999 1,867,999 1,867,999 1,867,999
46P-3 SQUADRON .............. .............. 10,600 10,600
47FLEET AIR TRAINING 606,264 606,264 606,264 606,264
47INTERMEDIATE MAINTENACE 64,855 64,855 64,855 64,855
48AIR OPERATIONS AND SAFETY SUPPORT 65,742 65,742 65,742 65,742
48AIRCRAFT DEPOT MAINTENANCE 602,679 643,979 616,679 604,679
49AIRCRAFT DEPOT OPERATIONS SUPPORT 24,613 24,613 24,613 24,613
49BASE SUPPORT 807,680 827,680 830,855 814,567
50MAINTENANCE OF REAL PROPERTY 346,107 346,107 373,707 346,107
50 SHIP OPERATIONS
51MISSION AND OTHER SHIP OPERATIONS 1,919,975 1,919,975 1,935,975 1,928,975
51SHIP OPERATIONAL SUPPORT AND TRINING 457,005 457,005 457,005 457,005
52INTREMEDIATE MAINTENANCE 396,844 396,844 422,844 417,844
52SHIP DEPOT MAINTENANCE 1,803,854 1,818,854 1,953,854 1,963,854
53SHIP DEPOT OPERATIONS SUPPORT 787,330 787,330 787,330 787,330
53BASE SUPPORT 828,295 848,295 841,795 835,447
54MAINTENANCE OF REAL PROPERTY 289,182 289,182 312,282 289,182
54 COMBAT OPERATION/SUPPORT
55COMBAT COMMUNICATIONS 206,422 206,422 206,422 206,422
55ELECTRONIC WARFARE 7,589 7,589 7,589 7,589
56SPACE SYSTEM AND SURVEILLANCE 144,806 144,806 144,806 144,806
56WARFARE TACTICS 138,113 138,113 138,113 138,113
57OPERATIONAL METEOROLOGY AND 212,854 212,854 212,854 212,854
OCEANOGRAPHY
57COMBAT SUPPORT FORCES 386,011 386,011 386,011 386,011
58EQUIPMENT MAINTENANCE 163,038 164,038 163,038 164,038
58DEPOT OPERATIONS SUPPORT 1,146 1,146 1,146 1,146
59BASE SUPPORT 327,468 337,468 317,809 325,445
59MAINTENANCE OF REAL PROPERTY 49,511 49,511 53,411 49,511
60 WEAPONS SUPPORT
60CRUISE MISSILE 79,828 120,428 120,428 107,528
61FLEET BALLISTIC MISSILE 756,722 756,722 756,722 756,722
61IN-SERVICE WEAPONS SYSTEMS SUPPORT 50,875 50,875 50,875 50,875
62WEAPONS MAINTENANCE 389,406 389,406 389,406 389,406
62BASE SUPPORT 63,750 73,750 65,150 64,492
63MAINTENANCE OF REAL PROPERTY 31,247 31,247 33,747 31,247
63DEPOT MAINTENANCE RMS PROGRAM .............. .............. 20,000 ..............
63CONTINGENCY OPERATIONS TRANSFER .............. .............. -126,300 -126,300
63 DBOF SUPPORT
-----------------------------------------------------------------
6450 TOTAL, BUDGET ACTIVITY 1 13,877,210 14,035,110 14,113,626 13,994,968
=================================================================
65 BUDGET ACTIVITY 2: MOBILIZATION
65 READY RESERVE AND PREPOSITIONING
FORCES
66SHIP PREPOSITIONING AND SURGE 497,905 497,905 497,905 497,905
66 ACTIVATIONS/INACTIVATIONS
67AIRCRAFT ACTIVATIONS/INACTIVATIONS 2,699 2,699 2,699 2,699
67SHIP ACTIVATIONS/INACTIVATIONS 568,307 568,307 568,307 568,307
68 MOBILIZATION PREPAREDNESS
68FLEET HOSPITAL PROGRAM 19,374 19,374 19,374 19,374
69INDUSTRIAL READINESS 722 722 722 722
69COAST GUARD SUPPORT 21,929 21,929 21,929 21,929
-----------------------------------------------------------------
7000 TOTAL, BUDGET ACTIVITY 2 1,110,936 1,110,936 1,110,936 1,110,936
=================================================================
70 BUDGET ACTIVITY 3: TRAINING AND
RECRUITING
71 ACCESSION TRAINING
71OFFICER ACQUISITION 66,825 66,825 66,825 66,825
72RECRUIT TRAINING 4,887 4,887 4,887 4,887
72RESERVE OFFICERS TRAINING CORPS (ROTC) 67,777 67,777 67,777 67,777
73BASE SUPPORT 54,338 54,338 55,338 54,868
73MAINTENANCE OF REAL PROPERTY 64,553 64,553 69,653 64,553
74 BASIC SKILLS AND ADVANCED TRAINING
74SPECIALIZED SKILL TRAINING 218,689 207,989 218,689 207,989
75FLIGHT TRAINING 295,280 295,280 295,280 295,280
75PROFESSIONAL DEVELOPMENT EDUCATION 65,981 59,681 65,981 63,181
76TRAINING SUPPORT 119,098 119,098 119,098 120,098
76BASE SUPPORT 316,260 316,260 321,560 319,068
77MAINTENANCE OF REAL PROPERTY 111,355 111,355 120,255 111,355
77 RECRUITING, AND OTHER TRAINING AND
EDUCATION
78RECRUITING AND ADVERTISING 136,474 136,474 136,474 136,474
78OFF-DUTY AND VOLUNTARY EDUCATION 61,643 61,643 61,643 61,643
79CIVILIAN EDUCATION AND TRAINING 22,218 22,218 22,218 22,218
79JUNIOR ROTC 24,902 24,902 24,902 24,902
80BASE SUPPORT 439 439 439 439
80MAINTENANCE OF REAL PROPERTY 59 59 59 59
-----------------------------------------------------------------
8100 TOTAL, BUDGET ACTIVITY 3 1,630,778 1,613,778 1,651,078 1,621,616
=================================================================
81 BUDGET ACTIVITY 4: ADMIN &
SERVICEWIDE ACTIVITIES
82 SERVICEWIDE SUPPORT
82ADMINISTRATION 570,921 570,921 570,921 570,921
83EXTERNAL RELATIONS 21,406 21,406 21,406 21,406
83CIVILIAN MANPOWER AND PERSON MANAGEMENT 69,426 69,426 69,426 69,426
84MILITARY MANPOWER AND PERSON MANAGEMENT 129,426 129,426 129,426 129,426
84OTHER PERSONNEL SUPPORT 237,647 237,647 237,647 237,647
85SERVICEWIDE COMMUNICATIONS 230,240 244,240 230,240 237,240
85BASE SUPPORT 200,375 200,375 203,475 202,017
86MAINTENANCE OF REAL PROPERTY 45,196 45,196 48,796 45,196
87 LOGISTICS OPERATIONS AND TECHNICAL
SUPPORT
87SERVICEWIDE TRANSPORTATION 151,371 151,371 151,371 151,371
88PLANNING, ENGINEERING AND DESIGN 284,268 284,268 284,268 284,268
88ACQUISITION AND PROGRAM MANAGEMENT 467,318 441,718 470,122 444,522
89AIR SYSTEMS SUPPORT 276,446 276,446 276,446 276,446
89HULL, MECHANICAL AND ELECTRICAL SUPPORT 48,613 48,613 48,613 48,613
90COMBAT/WEAPONS SYSTEMS 39,083 39,083 39,083 39,083
90SPACE AND ELECTRONIC WARFARE SYSTEMS 72,540 72,540 72,540 72,540
91BASE SUPPORT 145,338 145,338 147,638 146,556
91PENTAGON RESERVATION FUND TRANSFER .............. .............. -38,300 -38,300
91MAINTENANCE OF REAL PROPERTY 11,967 11,967 11,967 11,967
92 SECURITY PROGRAMS
92SECURITY PROGRAMS 555,721 552,721 555,721 552,721
93BASE SUPPORT 7,344 7,344 7,344 7,344
93MAINTENANCE OF REAL PROPERTY 5,083 5,083 5,083 5,083
94 SUPPORT OF OTHER NATIONS
94INTERNATIONAL HEADQUARTERS AND AGENCIES 7,544 7,544 7,544 7,544
-----------------------------------------------------------------
9500 TOTAL, BUDGET ACTIVITY 4 3,577,273 3,562,673 3,550,777 3,523,037
=================================================================
95CLASSIFIED PROGRAMS UNDISTRIBUTED .............. 4,600 -900 5,204
96INFORMATION RESOURCE MANAGEMENT .............. 50,000 .............. -50,000
96GENERAL REDUCTION, NATIONAL DEFENSE -83,333 -50,000 -50,000 -50,000
STOCKPILE FUND
96GENERAL REDUCTION, NATL DEFENSE .............. .............. .............. -10,000
STOCKPILE FUND / OTHER
97FOREIGN CURRENCY FLUCTUATION .............. .............. .............. -2,100
98PRINTING EFFICIENCIES .............. -4,000 .............. -4,000
101CIVILIAN PERSONNEL UNDERSTRENGTH .............. -44,600 -125,000 -44.600
101ACQUISITION WORKFORCE REDUCTION .............. -14,000 .............. -14,000
101USTRANSCOM EFFICIENCIES .............. -10,000 -9,000 -10,000
101OSA FLYING HOUR REDUCTION .............. -20,000 .............. -5,000
101WAKE ISLAND HYDROACOUSTIC SYSTEM .............. 900 .............. 900
102MAINTENANCE OF REAL PROPERTY .............. 125,000 .............. ..............
103BASE OPERATION SHORTFALL .............. 30,000 .............. ..............
103ENVIRONMENTAL COMPLIANCE .............. .............. .............. -5,000
=================================================================
10350 TOTAL, OPERATION AND MAINTENANCE, 20,112,864 20,390,397 20,241,517 20,061,961
NAVY
104TRANSFER (83,333) (50,000) (50,000) (50,000)
-----------------------------------------------------------------
10450 TOTAL FUNDING AVAILABLE (20,196,197) (20,440,397) (20,291,517) (20,111,961)
----------------------------------------------------------------------------------------------------------------
adjustments to budget activities
Adjustments to the budget activities are as follows:
Budget Activity 1: Operating Forces:of dollars]
4655 P-3 Squadron........................................ 10,600
4850 Depot Maintenance RMS Program....................... 10,000
4850 Depot Maintenance-Aviation Backlog.................. 24,000
4850 Spares-Aviation Spares Reduction.................... -32,000
4950 Base Operations Support............................. 6,887
5100 Mission Operations.................................. 9,000
5200 Intermediate Maintenance............................ 21,000
5250 Depot Maintenance RMS Program....................... 10,000
5250 Depot Maintenance-Ship Overhaul Backlog............. 150,000
5350 Base Operations Support............................. 7,152
5800 Reverse Osmosis Desalinators........................ 1,000
5900 Base Operations Support............................. 2,861
5900 NAF Adak............................................ 10,000
5900 NAS Fallon Aquifer Study............................ 175
5900 NATO Infrastructure Reduction....................... -15,059
6050 Cruise Missile Recertification..................... 27,700
6250 Base Operations Support............................. 742
6310 Contingency Operations Transfer..................... -126,300
Budget Activity 3: Training and Recruiting:
7300 Base Operations Support............................. 530
7450 Specialized Skill Training.......................... -10,700
7550 Professional Development Education.................. -2,800
7600 Chief of Naval Education and Training (CNET)........ 1,000
7650 Base Operations Support............................. 2,808
Budget Activity 4: Administration and Servicewide
Activities:
8500 Servicewide Communications-Challenge Athena......... 7,000
8550 Base Operations Support............................. 1,642
8850 Acquisition and Program Management.................. 2,804
8850 Acquisition Workforce Reduction..................... -25,600
9100 Base Operations Support............................. 1,218
9105 Pentagon Reservation Fund Transfer.................. -38,300
9250 Security Program.................................... -3,000
Undistributed:
9550 Classifed (Undistributed).......................... 5,204
9600 Information Resource Management.................... -50,000
9650 DNSC Transfer...................................... 33,333
9660 National Defense Stockpile Fund/Other.............. -10,000
9700 Foreign Currency Fluctuation....................... -2,100
9800 Printing Efficiencies.............................. -4,000
10100 Civilian Personnel Underexecution.................. -44,600
10110 Acquisition Workforce Reduction.................... -14,000
10120 USTRANSCOM Efficiencies............................ -10,000
10130 OSA Flying Hour Reduction.......................... -5,000
10140 Wake Island Hydroacoustic System................... 900
10305 Environmental Compliance Reduction................. -5,000
Challenge athena
Last year, the Navy requested and the conferees provided
$27,000,000 for Challenge Athena and directed the Department to
include this requirement in future budget submissions (S.
Report 104-124). Despite this direction and the Department's
claims that this program is the Navy's number one C4I priority,
the Navy once again failed to include Challenge Athena in its
budget request. Because of the critical importance of this
project to the morale and well-being of deployed fleet sailors,
the conferees hereby provide an additional $7,000,000 in
servicewide communications.
Chief of naval education and training
The conferees direct that the Chief of Naval Education
and Training (CNET), as the Navy's organization responsible for
training technology matters, undertake efforts that will lead
to maximizing returns on technology investment in distance
learning and computer mediated learning. This would include
developing more efficient use of the Internet for training
requirements, developing models for appropriate applications of
training technologies, and developing models to assess
leadership training effectiveness. The conferees agree to add
$1,000,000 to initiate this effort.
oceanographic ship operations
The conferees direct that up to $7,500,000 be made
available for university research fleet oceanographic ship
operations out of funds made available in the mission
operations line.
intrepid refurbishment
The conferees agree that the Department of Defense should
review the cost and feasibility of refurbishing the deck of the
USS Intrepid in time for possible inclusion in the fiscal year
1998 budget submission if deemed appropriate.
Operation and Maintenance, Marine Corps
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
105OPERATION AND MAINTENANCE, MARINE CORPS
105BUDGET ACTIVITY 1: OPERATING FORCES
106EXPEDITIONARY FORCES
106OPERATIONAL FORCES 331,478 377,478 331,478 365,478
106INITIAL ISSUE EQUIPMENT .............. .............. 25,000 ..............
106WARFIGHTING LAB .............. .............. 8,000 ..............
106CONTINGENCY OPERATION TRANFER .............. .............. -200 -200
107FIELD LOGISTICS 171,056 171,056 171,056 171,056
107DEPOT MAINTENANCE 155,168 165,168 155,168 155,168
108BASE SUPPORT 593,307 659,307 593,307 608,307
108MAINTENANCE OF REAL PROPERTY 252,570 252,570 252,570 252,570
108NON-LETHAL WEAPONS .............. .............. 3,000 ..............
109USMC PREPOSITIONING
109MARITIME PREPOSITIONING 74,003 74,003 74,003 74,003
110NORWAY PREPOSITIONING 3,748 3,748 3,748 3,748
110PERSONNEL SUPPORT EQUIPMENT .............. .............. 15,000 ..............
110CORROSION CONTROL .............. .............. 10,000 ..............
-----------------------------------------------------------------
11050 TOTAL, BUDGET ACTIVITY 1 1,581,330 1,703,330 1,642,130 1,630,130
=================================================================
111BUDGET ACTIVITY 3: TRAINING AND
RECRUITING
111ACCESSION TRAINING
112RECRUIT TRAINING 8,139 8,139 8,139 8,139
112OFFICER ACQUISITION 270 270 270 270
113BASE SUPPORT 47,092 47,092 47,792 47,463
113MAINTENANCE OF REAL PROPERTY 17,590 17,590 18,990 17,590
114BASIC SKILLS AND ADVANCED TRAINING
114SPECIALIZED SKILLS TRAINING 26,578 26,578 26,578 26,578
115FLIGHT TRAINING 155 155 155 155
115PROFESSIONAL DEVELOPMENT EDUCATION 5,929 5,929 5,929 5,929
116TRAINING SUPPORT 74,859 74,859 74,859 74,859
116BASE SUPPORT 51,086 51,086 51,786 51,457
117MAINTENANCE OF REAL PROPERTY 24,402 24,402 26,402 24,402
117RECRUITING AND OTHER TRAINING EDUCATION
118RECRUITING AND ADVERTISING 65,382 70,082 70,082 70,082
118OFF-DUTY AND VOLUNTARY EDUCATION 10,593 15,093 10,593 15,093
119JUNIOR ROTC 8,562 8,562 8,562 8,562
119BASE SUPPORT 8,427 8,427 8,427 8,427
120MAINTENANCE OF REAL PROPERTY 2,336 2,336 3,436 2,336
-----------------------------------------------------------------
12050 TOTAL, BUDGET ACTIVITY 3 351,400 360,600 362,000 361,342
=================================================================
121BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE
ACTIVITIES
121SERVICEWIDE SUPPORT
122SPECIAL SUPPORT 196,367 196,367 196,367 196,367
123SERVICEWIDE TRANSPORTATION 38,479 38,479 38,479 38,479
123ADMINISTRATION 25,459 25,459 25,459 25,459
124BASE SUPPORT 9,283 9,283 9,283 9,283
124MAINTENANCE OF REAL PROPERTY 1,459 1,459 1,459 1,459
-----------------------------------------------------------------
12500 TOTAL, BUDGET ACTIVITY 4 271,047 271,047 271,047 271,047
=================================================================
125CLASSIFIED PROGRAMS .............. .............. 5,300 2,900
126FOREIGN CURRENCY FLUCTUATION .............. .............. .............. -2,100
127MAINTENANCE OF REAL PROPERTY .............. 140,000 .............. ..............
127ACQUISITION WORKFORCE REDUCTION .............. -2,200 .............. -2,200
127USTRANSCOM EFFICIENCIES .............. -5,000 -4,500 -5,000
127OSA FLYING HOUR REDUCTION .............. -4,000 .............. -2,000
127EMBASSY SUPPORT .............. -8,700 .............. ..............
127BASE OPERATIONS SHORTFALL .............. 10,000 .............. ..............
----------------------------------------------------------------------------------------------------------
12800 TOTAL, OPERATION AND MAINTENANCE, 2,203,777 2,465,077 2,275,977 2,254,119
MARINE CORPS
----------------------------------------------------------------------------------------------------------------
Adjustments to Budget Activities
Adjustments to the budget activities are as follows:
Budget Activity 1: Operating Forces:of dollars]
10650 Commandant's Warfighting Lab....................... 8,000
10650 Corrosion Control.................................. 7,000
10650 Soldier Enhancement/Initial Issue.................. 19,000
10665 Contingency Operations Transfer.................... -200
10800 Personnel Support Equipment........................ 15,000
Budget Activity 3: Training and Recruiting:
11300 Base Operations Support............................ 371
11650 Base Operations Support............................ 371
11800 Recruiting and Advertising......................... 4,700
11850 Off-Duty & Voluntary Education..................... 4,500
Undistributed:
12550 Classified Programs................................ 2,900
12600 Foreign Currency Fluctuation....................... -2,100
12750 Acquisition Workforce Reduction.................... -2,200
12755 USTRANSCOM Efficiencies............................ -5,000
12760 OSA Flying Hour Reduction.......................... -2,000
Operation and Maintenance, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
129 OPERATION AND MAINTENANCE, AIR
FORCE
130 BUDGET ACTIVITY 1: OPERATING
FORCE
130 AIR OPERATIONS
131PRIMARY COMBAT FORCES 2,314,739 2,308,039 2,403,739 2,391.339
131CONTINGENCY OPERATIONS TRANSFER ............... ............... -414,000 -414,000
131SPARES INVENTORY REDUCTION ............... ............... -40,000 -80,000
131AIRCRAFT COMPONENT RECLAMATION ............... ............... -80,000 ...............
131DEPOT MAINTENANCE RMS PROGRAM ............... ............... 20,000 ...............
131DEPOT MAINTENANCE ............... ............... 41,200 33,200
131PRIMARY COMBAT WEAPONS 394,408 394,408 394,408 394,408
132COMBAT ENHANCEMENT FORCES 250,614 250,614 250,614 250,614
132AIR OPERATIONS TRAINING 570,948 570,948 570,948 570,948
133COMBAT COMMUNICATIONS 867,912 893,912 867,912 880,912
133BASE SUPPORT 1,680,275 1,680,275 1,716,275 1,699,347
134MAINTENANCE OF REAL PROPERTY 694,867 694,867 749,067 694,867
134CAPITAL ASSETS REDUCTION ............... ............... -3,745 -3,745
134 COMBAT RELATED OPERATIONS
135GLOBAL C3I AND EARLY WARNING 736,038 736,038 746,338 746,338
135NAVIGATION/WEATHER SUPPORT 114,842 114,842 114,842 114,842
136OTHER COMBAT OPS SUPPORT PROGRAMS 197,861 200,361 197,861 199,361
136JCS EXERCISES 37,973 37,973 37,973 37,973
137MANAGEMENT/OPERATIONAL HEADQUARTERS 106,309 106,309 106,309 106,309
137TACTICAL INTEL AND OTHER SPECIAL 216,743 210,043 216,743 216,743
ACTIVITIES
138 SPACE OPERATIONS
138LAUNCH FACILITIES 237,508 237,508 237,508 237,508
139LAUNCH VEHICLES 106,266 106,266 106,266 106,266
139SPACE CONTROL SYSTEMS 311,304 311,304 311,304 311,304
140SATELLITE SYSTEMS 44,301 44,301 44,301 44,301
140OTHER SPACE OPERATIONS 101,723 101,723 101,723 101,723
140DOD SPACE ARCHITECT ............... ............... 2,399 2,400
141BASE SUPPORT 291,242 291,242 297,242 294,421
141MAINTENANCE OF REAL PROPERTY 109,736 109,736 118,336 109,736
---------------------------------------------------------------------
14200 TOTAL, BUDGET ACTIVITY 1 9,385,609 9,400,709 9,115,563 9,047,115
---------------------------------------------------------------------
142 BUDGET ACTIVITY 2: MOBILIZATION
143 MOBILITY OPERATIONS
143AIRLIFT OPERATIONS 1,584,175 1,584,175 1,584,175 1,584,175
144AIRLIFT OPERATIONS C3I 13,784 13,784 13,784 13,784
144MOBILIZATION PREPAREDNESS 138,167 138,167 138,167 138,167
145PAYMENTS TO TRANSPORTATION BUSINESS 422,700 422,700 422,700 422,700
AREA
145BASE SUPPORT 408,945 408,945 417,945 413,713
146MAINTENANCE OF REAL PROPERTY 121,486 121,486 130,986 121,486
---------------------------------------------------------------------
14650 TOTAL, BUDGET ACTIVITY 2 2,689,257 2,689,257 2,707,757 2,694,025
=====================================================================
147 BUDGET ACTIVITY 3: TRAINING AND
RECRUITING
147 ACCESSION TRAINING
148OFFICER ACQUISITION 48,213 48,213 48,213 48,213
148RECRUIT TRAINING 4,586 4,586 4,586 4,586
149RESERVE OFFICER TRAINING CORPS 42,738 42,738 42,738 42,738
(ROTC)
149BASE SUPPORT (ACADEMIES ONLY) 56,843 56,843 56,843 56,843
150MAINTENANCE OF REAL PROPERTY 40,050 40,050 40,050 40,050
(ACADEMIES ONLY)
150 BASIC SKILLS AND ADVANCED
TRAINING
151SPECIALIZED SKILL TRAINING 195,098 185,698 195,098 185,698
151FLIGHT TRAINING 331,663 331,663 331,663 331,663
152PROFESSIONAL DEVELOPMENT EDUCATION 74,060 66,660 74,060 66,660
152TRAINING SUPPORT 59,607 53,707 59,607 53,707
153BASE SUPPORT (OTHER TRAINING) 388,965 388,965 397,215 393,336
153MAINTENANCE OF REAL PROPERTY (OTHER 117,335 117,335 126,435 117,335
TRAINING)
154 RECRUITING, AND OTHER TRAINING
AND EDUCATION
154RECRUITING AND ADVERTISING 52,218 52,218 54,718 54,718
155EXAMINING 1,954 1,954 1,954 1,954
155OFF DUTY AND VOLUNTARY EDUCATION 71,210 80,710 80,710 80,710
156CIVILIAN EDUCATION AND TRAINING 66,791 66,791 66,791 66,791
156JUNIOR ROTC 25,233 25,233 25,233 25,233
---------------------------------------------------------------------
15700 TOTAL, BUDGET ACTIVITY 3 1,576,564 1,563,364 1,605,914 1,570,235
=====================================================================
157 BUDGET ACTIVITY 4: ADMIN &
SERVICEWIDE ACTIVITIES
158 LOGISTICS OPERATIONS
158LOGISTICS OPERATIONS 1,042,759 1,031,159 1,042,759 1,021,159
159TECHNICAL SUPPORT ACTIVITIES 371,521 371,521 371,521 371,521
159SERVICEWIDE TRANSPORTATION 240,740 240,740 240,740 240,740
160BASE SUPPORT 581,182 581,182 593,932 587,937
160MAINTENANCE OF REAL PROPERTY 217,991 217,991 234,991 217,991
161 SERVICEWIDE ACTIVITIES
161ADMINISTRATION 121,337 113,337 121,337 111,337
162SERVICEWIDE COMMUNICATIONS 268,687 268,687 268,687 268,687
162PERSONNEL PROGRAMS 89,196 89,196 89,196 89,196
163RESCUE AND RECOVERY SERVICES 44,413 44,413 44,413 44,413
164ARMS CONTROL 28,814 28,814 28,814 28,814
164OTHER SERVICEWIDE ACTIVITIES 482,192 482,192 482,192 482,192
165OTHER PERSONNEL SUPPORT 30,873 30,873 30,873 30,873
165CIVIL AIR PATROL CORPORATION 14,526 15,426 17,926 17,926
166BASE SUPPORT 145,053 145,053 148,053 146,642
166PENTAGON RESERVATION FUND TRANSFER ............... ............... -40,300 -27,200
166MAINTENANCE OF REAL PROPERTY 20,127 20,127 21,727 20,127
167 SECURITY PROGRAMS
167SECURITY PROGRAMS 550,240 548,340 550,240 548,340
168 SUPPORT TO OTHER NATIONS
168INTERNATIONAL SUPPORT 12,374 12,374 12,374 12,374
---------------------------------------------------------------------
16900 TOTAL, BUDGET ACTIVITY 4 4,262,025 4,241,425 4,259,475 4,213,069
=====================================================================
169CLASSIFIED PROGRAMS UNDISTRIBUTED ............... -24,700 -5,000 -23,476
170CIVILIAN PERSONNEL UNDERSTRENGTH ............... -12,200 -94,600 -12,200
171GENERAL REDUCTION, NATIONAL DEFENSE -83,333 -50,000 -50,000 -50,000
STOCKPILE FUND
171GENERAL REDUCTION, NATL DEFENSE ............... ............... ............... -10,000
STOCKPILE FUND / OTHER
171FOREIGN CURRENCY FLUCTUATION ............... ............... ............... -26,700
173PRINTING EFFICIENCIES ............... -3,000 ............... -3,000
175MAINTENANCE OF REAL PROPERTY ............... 70,500 ............... ...............
175REAL PROPERTY MAINTENANCE-- ............... 9,500 ............... ...............
FAIRCHILD AFB
175CHEMICAL/BIOLOGICAL PROTECTIVE ............... 3,000 ............... 2,000
EQUIPMENT
175FUEL TAX CREDIT ............... -8,500 -8,500 -8,500
176ACQUISITION WORKFORCE REDUCTION ............... -8,600 ............... -8,600
176DBOF PASSTHROUGH ............... ............... -194,500 ...............
176AIRCRAFT MAINTENANCE DATA SYSTEM ............... ............... 15,000 15,000
176USTRANSCOM EFFICIENCIES ............... -22,000 -19,800 -22,000
176OSA FLYING HOUR REDUCTION ............... -24,000 ............... -8,000
176RELIABILITY TESTING ............... 23,000 ............... 300
176BASE OPERATIONS SHORTFALLS ............... 30,000 ............... ...............
176INFORMATION RESOURCE MANAGEMENT ............... 61,000 ............... -50,000
176INVESTMENT ITEM TRANSFER ............... ............... ............... -51,075
176ENVIRONMENTAL COMPLIANCE ............... ............... ............... -5,000
=====================================================================
17650 TOTAL, OPERATION AND 17,830,122 17,938,755 17,331,309 17,263,193
MAINTENANCE, AIR FORCE
177TRANSFER (83,333) (50,000) (50,000) (50,000)
---------------------------------------------------------------------
17750 TOTAL FUNDING AVAILABLE (17,913,455) (17,988,755) (17,381,309) (17,313,193)
----------------------------------------------------------------------------------------------------------------
adjustments to budget activities
Adjustments to the budget activities are as follows:
Budget Activity 1: Operating Forces:of dollars]
13100 B-52 Attrition Reserve............................. 47,900
13100 C-130 Transfer to ANG.............................. -6,700
13100 Ellsworth AFB B-1 Squadron......................... 5,400
13100 SR-71.............................................. 30,000
13105 Contingency Operations Transfer.................... -414,000
13110 Spares-Aviation Spares Reduction................... -80,000
13125 Depot Maintenance.................................. 33,200
13300 RIVET JOINT Communication Installations............ 13,000
13350 Base Operations Support............................ 19,072
13445 Capital Asset Reduction............................ -3,745
13500 AWACS EXTEND SENTRY................................ 7,100
13500 JSAS............................................... 3,200
13600 Reverse Osmosis Desalinators....................... 1,500
14055 DoD Space Architect................................ 2,400
14100 Base Operations Support............................ 3,179
Budget Activity 2: Mobilization:
14550 Base Operations Support............................ 4,768
Budget Activity 3: Training and Recruiting:
15100 Specialized Skill Training......................... -9,400
15200 Professional Development Education................. -7,400
15250 Training Support................................... -5,900
15300 Base Operations Support............................ 4,371
15450 Recruiting and Advertising......................... 2,500
15550 Off-Duty & Voluntary Education..................... 9,500
Budget Activity 4: Administration and Servicewide
Activities:
15850 Acquisition Workforce Reduction.................... -41,600
15850 Depot Maintenance RMS Program...................... 20,000
16000 Base Operations Support............................ 6,755
16150 Air Staff Liaison.................................. -12,000
16150 STRATCOM........................................... 2,000
16550 Civil Air Patrol, Counternarcotics................. 2,500
16550 Civil Air Patrol, Other............................ 900
16600 Base Operations Support............................ 1,589
16605 Pentagon Reservation Fund Transfer................. -27,200
16750 Security Programs.................................. -1,900
Undistributed:
16950 Classified (Undistributed)......................... -23,476
17050 Civilian Personnel Underexecution.................. -12,200
17100 DNSC Transfer...................................... 33,333
17110 National Defense Stockpile Fund/Other.............. -10,000
17150 Foreign Currency Fluctuation....................... -26,700
17350 Printing Efficiencies.............................. -3,000
17580 Chem-Bio Protective Equipment...................... 2,000
17595 Fuel Tax Credit.................................... -8,500
17615 Acquisition Workforce Reduction.................... -8,600
17619 Aircraft Maintenance Data System................... 15,000
17620 USTRANSCOM Efficiencies............................ -22,000
17625 OSA Flying Hour Reduction.......................... -8,000
17630 Reliability Testing................................ 300
17640 Information Resources Management................... -50,000
17646 Investment Item Transfer........................... -51,075
17648 Environmental Compliance Reduction................. -5,000
corrosion control facility
The conferees urge the Air Force to consider submitting a
reprogramming for construction of an aircraft towway between
Tinker Air Force Base and a privately built and operated
corrosion control and paint facility to be constructed on a
site adjacent to the Base. This would be implemented in
cooperation with the initiative of the city of Oklahoma City to
secure a private company to build and operate the new corrosion
control and paint facility.
missile crew member education program
The conferees are aware of a recent decision by the Air
Force Space Command to discontinue the Missile Crew Member
Education Program that, for over thirty years, has covered 100
percent of the cost of tuition and books for missile crew
officers pursuing masters degrees. The conferees recognize that
the program has been an effective means of retaining officers
and also maintaining the high educational standards of the Air
Force, and requests the Space Command consider continuing the
program at the level of assistance provided prior to the
decision to terminate the program.
instrument routes 102 and 141
The conferees recognize the need for Air Force low
altitude training and strongly support this requirement. The
conferees urge the Air Force to give every consideration to
public comments and community concerns in the impacted areas
when modifying Instrument Routes 102 and 141 for such training.
The Air Force should report to the congressional defense
committees by March 31, 1997, on possible alternative routes to
the currently proposed training routes.
former olmsted air force base
The conferees are pleased that the final restoration by
the Air Force of the former Olmsted Air Force Base in
Pennsylvania is proceeding smoothly and that the Environmental
Protection Agency projects a delisting of the base (Middletown
Airfield EPA National Priorities List Site) from the NPL by the
end of 1996. The conferees feel that following delisting of the
site it will be necessary to maintain near the site a
comprehensive database which incorporates data from all current
and future environmental investigations to provide a
comprehensive look at the environmental status of the site for
future development or emergency response situations and to
maintain institutional controls. Therefore, the conferees
recommend that, commencing in fiscal year 1997, the Air Force
expend funds necessary (estimated at $123,000 over five years)
for such a comprehensive site database to be located at the
Pennsylvania State University at Harrisburg, Pennsylvania.
fairchild air force base
The conferees direct that, of the funds provided in this
account, an additional $9,500,000 be provided above the
budgeted amount for facilities maintenance and repair at
Fairchild Air Force Base.
Operation and Maintenance, Defense-Wide
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
178 OPERATION AND MAINTENACE, DEFENSE-
WIDE
178 BUDGET ACTIVITY 1: OPERATING FORCES
179JOINT CHIEFS OF STAFF 464,199 564,899 469,199 509,199
179SPECIAL OPERATIONS COMMAND 962,319 985,119 977,619 978,119
179SOCOM RPM .............. .............. 2,000 2,000
-----------------------------------------------------------------
18000 TOTAL, BUDGET ACTIVITY 1 1,426,518 1,550,018 1,448,818 1,489,318
=================================================================
180 BUDGET ACTIVITY 2: MOBILIZATION
181DEFENSE LOGISTICS AGENCY 21,942 21,942 21,942 21,942
182 BUDGET ACTIVITY 3: TRAINING AND
RECRUITING
182DEFENSE ACQUISITION UNIVERSITY 100,417 100,417 90,417 85,417
183SPECIAL OPERATIONS COMMAND 35,500 35,500 35,500 35,500
-----------------------------------------------------------------
18400 TOTAL, BUDGET ACTIVITY 3 135,917 135,917 125,917 120,917
=================================================================
184 BUDGET ACTIVITY 4: ADMIN &
SERVICEWIDE ACTIVITIES
185AMERICAN FORCES INFORMATION SERVICE 100,558 100,558 100,558 100,558
185CORPORATE INFORMATION MANAGEMENT 46,367 46,367 46,367 46,367
186CLASSIFIED AND INTELLIGENCE 3,384,576 3,384,093 3,333,876 3,382,376
186DEFENSE CIVILIAN PERSONNEL, MANAGEMENT 49,302 49,302 49,302 49,302
SERVICE
187DEFENSE CONTRACT AUDIT AGENCY 335,486 327,486 335,486 327,486
187DEFENSE INVESTIGATIVE SERVICE 193,232 193,232 193,232 193,232
188DEFENSE LOGISTICS AGENCY 1,181,738 1,108,338 1,083,938 1,090,738
188DEFENSE LEGAL SERVICE AGENCY 7,297 7,297 7,297 7,297
189DEFENSE MAPPING AGENCY 741,157 768,257 721,157 758,257
189DEFENSE NUCLEAR AGENCY 85,083 85,083 88,083 85,083
190DEFENSE POW/MIA OFFICE 12,694 12,694 12,694 12,694
190FEDERAL ENERGY MANAGEMENT PROGRAM 116,853 116,853 20,000 15,000
191DEPARTMENT OF DEFENSE DEPENDENTS 1,322,254 1,342,254 1,322,854 1,342,254
EDUCATION
191DEFENSE SUPPORT ACTIVITIES 125,269 125,269 125,269 125,269
192DEFENSE TECHNOLOGY SECURITY 10,504 10,504 10,504 10,504
ADMINISTRATION
192JOINT CHIEFS OF STAFF 121,295 121,295 121,295 121,295
193OFFICE OF ECONOMIC ADJUSTMENT 39,330 39,330 39,330 53,330
193OFFICE OF THE SECRETARY OF DEFENSE 339,558 259,858 329,185 319,858
194ON SITE INSPECTION AGENCY 109,030 87,030 95,030 87,030
195SPECIAL OPERATIONS COMMAND 55,200 55,200 55,200 55,200
195WASHINGTON HEADQUARTERS SERVICES 195,308 195,308 181,308 176,293
-----------------------------------------------------------------
19600 TOTAL, BUDGET ACTIVITY 4 8,572,091 8,435,608 8,271,965 8,359,423
=================================================================
196LEGACY .............. .............. 15,000 12,500
197PENTAGON RENOVATION TRANSFER .............. .............. 83,100 70,000
197CIVILIAN PERSONNEL UNDERSTRENGTH .............. -14,200 -51,600 -14,200
199FOREIGN CURRENCY FLUCTUATION .............. .............. .............. -7,400
199IMPACT AID .............. 58,000 .............. 35,000
199REPAIRS TO FEDERALLY-FUNDED SCHOOLS .............. .............. 20,000 20,000
200INDIAN LAND REMEDIATION .............. .............. 8,000 8,000
200EMERGENCY PREPAREDNESS AND RESPONSE .............. .............. 5,000 4,000
201ACQUISITION WORKFORCE REDUCTIONS .............. -4,300 .............. -4,300
201USTRANSCOM EFFICIENCIES .............. -26,000 .............. -26,000
201INFORMATION RESOURCE MANAGEMENT .............. 56,000 .............. 16,000
201INNOVATION READINESS TRAINING .............. .............. 5,000 5,000
201UNDISTRIBUTED REDUCTION (NUNN-LUGAR) .............. .............. -138,000 ..............
201CONTINGENCY OPERATIONS TRANSFER DEFENSE- .............. .............. .............. -66,000
WIDE
201DEFENSE AGAINST WEAPONS OF MASS .............. .............. 138,000 ..............
DESTRUCTION
=================================================================
20200 TOTAL, OPERATION AND MAINTENANCE, 10,156,468 10,212,985 9,953,142 10,044,200
DEFENSE-WIDE
----------------------------------------------------------------------------------------------------------------
adjustments to budget activities
Adjustments to the budget activities are as follows:
Budget Activity 1: Operating Forces:of dollars]
17900 Exercise Northern Edge............................. 5,000
17900 Strategic Mobility--Mobility Enhancements.......... 40,000
17950 Emergent Operations................................ 5,000
17950 Intell Support to Naval Special Ops Training....... 500
17950 SOCOM OPTEMPO/DLRs................................. 10,300
17955 Real Property Maintenance (SOCOM).................. 2,000
Budget Activity 3: Training and Recruiting:
18250 Defense Acquisition University..................... -15,000
Budget Activity 4: Administration and Servicewide
Activities:
18600 Classified and Intell.............................. -2,200
18700 Acquisition Workforce Reduction.................... -8,000
18800 Acquisition Workforce Reduction.................... -24,000
18800 Civilian Personnel Underexecution.................. -13,000
18800 Depot Maintenance RMS Program...................... -90,000
18800 Procurement Technical Assistance Program........... 18,000
18800 Security Locks..................................... 15,000
18800 Tent Repair and Maintenance........................ 3,000
18900 Defense Mapping Agency............................. 17,100
19050 Federal Energy Management Program.................. -101,853
19100 Department of Defense Dependents Education......... 20,000
19300 OEA-San Diego Conversion Center.................... 7,000
19300 OEA-California State University Monterey Bay/Fort
Ord..................................................... 7,000
19350 Civil/Military Programs............................ -5,000
19350 OSD Administrative Savings......................... -20,400
19350 Recruiting and Advertising/JRAP/Defense Manpower
Data Center............................................. 10,300
19350 Seismic System Communication Links................. 400
19450 Security Programs-On Site Inspection Agency........ -22,000
19550 Recruiting and Advertising/Washington Headquarters
Service/JRAP Offset..................................... -10,000
19550 Washington Headquarters Service/Other.............. -9,015
Undistributed:
19675 Legacy............................................. 12,500
19700 Pentagon Reservation Fund Transfer................. 70,000
19750 Civilian Personnel Underexecution.................. -14,200
19900 Foreign Currency Fluctuation....................... -7,400
19950 Impact Aid......................................... 35,000
19955 Repairs to Federally-Funded Schools................ 20,000
20025 Indian Land Remediation............................ 8,000
20075 Emergency Preparedness and Response................ 4,000
20130 Acquisition Workforce Reduction.................... -4,300
20160 USTRANSCOM Efficiencies............................ -26,000
20170 Information Resource Management.................... 16,000
20175 Innovative Readiness Training...................... 5,000
20190 Contingency Operations Transfer.................... -66,000
defense mapping agency
The conferees concur in the House direction that the
Defense Mapping Agency's private contracting be conducted in
compliance with the normal qualifications based selection
process found in 40 U.S.C. 541 and 10 U.S.C. 2855. These
provisions in Federal law provide the authority for agencies to
use the qualifications based selection process, including
selection of surveying and mapping firms, for all services
described therein, not just those related to construction. The
conferees agree that these provisions regarding private
contracting apply only to mapping, charting and geodetic
activities.
natural fibers
The conferees note the preponderance of synthetic fibers
in most uniforms and strongly support efforts to improve the
quality of life for our forces. Given the greater comfort of
natural fibers, the conferees direct the Department of Defense
to report to the congressional defense committees on the
potential for increasing the natural fiber content of uniforms
by January 31, 1997.
law enforcement equipment
The conferees direct the Department of Defense to forgive
the remaining 5,000 ballistic helmets and their monetary value
loaned to the Los Angeles County Sheriff's Department (since
April 1993).
civil/military programs
The conferees recommend a total of $59,500,000 for civil/
military programs for fiscal year 1997 and direct the
Department to provide the level of funding as shown below to
those programs. The conferees further direct the Department to
report to the congressional defense committees, not later than
February 15, 1997, on the status of the obligation of these
funds.
[In thousands of dollars]
Challenge youth program....................................... $39,000
Starbase youth program........................................ 4,500
Innovative Readiness Training................................. 16,000
--------------------------------------------------------------
____________________________________________________
Total................................................... 59,500
department of defense dependents schools (dodds)
The conferees urge the Department to continue to fund the
DoDDS mathematics teachers leadership development project out
of the funds provided in this appropriation. In addition, the
conferees direct the Department to provide the congressional
defense committees with a report, not later than March 1, 1997,
on the actual and projected status of execution of funds
appropriated for the Department of Defense Dependents Schools
for fiscal years 1996 and 1997.
Operation and Maintenance, Army Reserve
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
203PERATION AND MAINTENANCE, ARMY RESERVE
204BUDGET ACTIVITY 1: OPERATING FORCES
204MISSION OPERATIONS
205BASE SUPPORT 258,273 258,273 258,273 258,273
205MAINTENANCE OF REAL PROPERTY 50,913 50,913 80,913 50,913
206DEPOT MAINTENANCE 45,853 45,853 45,853 45,853
206RECRUITING AND RETENTION 36,998 41,998 36,998 41,998
207TRAINING OPERATIONS 578,482 605,482 578,482 598,482
-----------------------------------------------------------------
20750 TOTAL, BUDGET ACTIVITY 1 970,519 1,002,519 1,000,519 995,519
=================================================================
208 BUDGET ACTIVITY 4: ADMIN. &
SERVICEWIDE ACTIVITIES
208 ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
209INFORMATION MANAGEMENT 20,772 20,772 20,772 20,772
209PUBLIC AFFAIRS 467 467 467 467
210PERSONNEL ADMINISTRATION 63,521 63,521 63,521 63,521
210STAFF MANAGEMENT 29,157 29,157 29,157 29,157
-----------------------------------------------------------------
21100 TOTAL, BUDGET ACTIVITY 4 113,917 113,917 113,917 113,917
212PERSONNEL ADMINISTRATION .............. .............. 15,000 10,000
=================================================================
21300 TOTAL, OPERATION AND MAINTENANCE, 1,084,436 1,116,436 1,129,436 1,119,436
ARMY RESERVE
----------------------------------------------------------------------------------------------------------------
adjustments to budget activities
Adjustments to the budget activities are as follows:
Budget Activity 1: Operating Forces:of dollars]
20650 Recruiting and Retention........................... 5,000
20700 Training Operations/Ground OPTEMPO................. 20,000
Other Adjustments:
21205 Personnel Administration/civilian manpower
shortfall............................................... 10,000
--------------------------------------------------------------
____________________________________________________
Total adjustments........................................ +35,000
Operation and Maintenance, Navy Reserve
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
214 OPERATION AND MAINTENANCE, NAVY RESERVE
215 BUDGET ACTIVITY 1: OPERATING FORCES
215 RESERVE AIR OPERATIONS
216MISSION AND OTHER FLIGHT OPERATIONS 275,838 275,838 275,838 275,838
216P-3 SQUADRON OPERATIONS ......... ......... ......... 5,500
217FLEET AIR TRAINING 1,299 1,299 1,299 1,299
217INTERMEDIATE MAINTENANCE 17,499 17,499 17,499 17,499
218AIR OPERATION AND SAFETY SUPPORT 2,048 2,048 2,048 2,048
218AIRCRAFT DEPOT MAINTENANCE 70,560 75,560 75,560 75,560
219AIRCRAFT DEPOT OPS SUPPORT 341 341 341 341
219BASE SUPPORT 117,353 117,353 117,353 117,353
220MAINTENANCE OF REAL PROPERTY 24,920 24,920 36,920 24,920
220 RESERVE SHIP OPERATIONS
221MISSION AND OTHER SHIP OPERATIONS 61,784 61,784 61,784 61,784
221SHIP OPERATIONAL SUPPORT AND TRAINING 642 642 642 642
222INTERMEDIATE MAINTENANCE 9,961 9,961 9,961 9,961
222SHIP DEPOT MAINTENANCE 83,969 83,969 83,969 83,969
223SHIP DEPOT OPERATIONS SUPPORT 1,811 1,811 1,811 1,811
223 RESERVE COMBAT OPERATIONS SUPPORT
224COMBAT SUPPORT FORCES 27,905 27,905 27,905 27,905
225BASE SUPPORT 41,769 41,769 41,769 41,769
225MAINTENANCE OF REAL PROPERTY 8,960 8,960 11,960 8,960
226 RESERVE WEAPONS SUPPORT
226WEAPONS MAINTENANCE 6,121 6,121 6,121 6,121
226CONTINGENCY OPERATIONS TRANSFER ......... ......... -2,400 -2,400
----------------------------------------------
22700 TOTAL, BUDGET ACTIVITY 1 752,780 757,780 770,380 760,880
==============================================
227 BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE ACTIVITIES
228 ADMINISTRATION AND SERVICEWIDE ACTIVITIES
228ADMINISTRATION 6,153 6,153 6,153 6,153
229CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT 2,764 2,764 2,764 2,764
229MILITARY MANPOWER AND PERSONNEL MANAGEMENT 28,349 28,349 28,349 28,349
230SERVICEWIDE COMMUNICATIONS 19,427 19,427 19,427 19,427
231BASE SUPPORT 26,488 26,488 26,488 26,488
231MAINTENANCE OF REAL PROPERTY 4,906 4,906 4,906 4,906
232COMBAT/WEAPONS SYSTEMS 2,555 2,555 2,555 2,555
232GENERAL DEFENSE INTELLIGENCE PROGRAM 505 505 505 505
232BASE OPERATING SUPPORT ......... 7,000 ......... 7,000
----------------------------------------------
23300 TOTAL, BUDGET ACTIVITY 4 91,147 98,147 91,147 98,147
233NSIPS ......... 27,000 ......... 27,000
==============================================
23450 TOTAL, OPERATION AND MAINTENANCE, NAVY RESERVE 843,927 882,927 861,527 886,027
----------------------------------------------------------------------------------------------------------------
Adjustments to Budget Activities
Adjustments to the budget activities are as follows:
Budget Activity 1: Operating Forces:of dollars]
21650 P-3 Squadron operations............................ 5,500
21850 Aircraft Depot Maintenance/airframes and engines... 5,000
22655 Contingency Operations Transfer.................... -2,400
Budget Activity 4: Administration and Servicewide
Activities:
23260 Base Operating Support............................. 7,000
23300 NSIPS.............................................. 27,000
--------------------------------------------------------------
____________________________________________________
Total adjustments....................................... +42,100
Operation and Maintenance, Marine Corps Reserve
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
236 OPERATION AND MAINTENANCE, MARINE
CORPS RESERVE
236 BUDGET ACTIVITY 1: OPERATING FORCES
237 MISSION FORCES
237TRAINING 13,611 17,611 13,611 15,611
238OPERATING FORCES 27,569 32,369 38,269 35,569
238BASE SUPPORT 14,628 14,628 14,628 14,628
239MAINTENANCE OF REAL PROPERTY 4,967 4,967 9.967 4,967
239DEPOT MAINTENANCE 2,953 2,953 2,953 2,953
-----------------------------------------------------------------
24000 TOTAL, BUDGET ACTIVITY 1 63,728 72,528 79,428 73,728
=================================================================
240 BUDGET ACTIVITY 4: ADMIN &
SERVICEWIDE ACTIVITIES
241ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
241RECRUITING AND ADVERTISING 7,538 7,538 7,538 7,538
242SPECIAL SUPPORT 10,477 10,477 10,477 10,477
242SERVICEWIDE TRANSPORTATION 4,507 4,507 4,507 4,507
243ADMINISTRATION 6,151 6,151 6,151 6,151
243BASE SUPPORT 7,266 7,266 7,266 7,266
-----------------------------------------------------------------
24450 TOTAL, BUDGET ACTIVITY 4 35,939 35,939 35,939 35,939
=================================================================
24550 TOTAL, O&M;, MARINE CORPS RESERVE 99,667 108,467 115,367 109,667
----------------------------------------------------------------------------------------------------------------
adjustments to budget activities
Adjustments to the budget activities are as follows:
Budget Activity 1: Operating Forces:of dollars]
23750 Training/M1A1 Tank Training........................ 2,000
23800 Operating Forces/Initial Issue..................... 8,000
--------------------------------------------------------------
____________________________________________________
Total adjustments....................................... +10,000
Operation and Maintenance, Air Force Reserve
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
247 OPERATION AND MAINTENANCE, AIR FORCE
RESERVE
247 BUDGET ACTIVITY 1: OPERATING FORCES
248 AIR OPERATIONS
248AIRCRAFT OPERATIONS 1,102,739 1,105,739 1,109,139 1,110,739
249MISSION SUPPORT OPERATIONS 38,645 38,645 38,645 38,645
249BASE SUPPORT 222,851 222,851 222,851 222,851
250MAINTENANCE OF REAL PROPERTY 48,037 48,037 48,037 48,037
----------------------------------------------------------------------------------------------------------
25050 TOTAL, BUDGET ACTIVITY 1 1,412,272 1,415,272 1,418,672 1,420,272
=================================================================
251 BUDGET ACTIVITY 4: ADMIN & SERVICE-
WIDE ACTIVITIES
251 ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
252ADMINISTRATION 42,799 42,799 42,799 42,799
252MILITARY MANPOWER AND PERSONNEL 19,386 19,386 19,386 19,386
MANAGEMENT
253RECRUITING AND ADVERTISING 7,714 7,714 7,714 7,714
253OTHER PERSONNEL SUPPORT 6,047 6,047 6,047 6,047
254AUDIOVISUAL 335 335 335 335
-----------------------------------------------------------------
25450 TOTAL, BUDGET ACTIVITY 4 76,281 76,281 76,281 76,281
=================================================================
25600 TOTAL, O&M;, AIR FORCE RESERVE 1,488,553 1,491,553 1,494,953 1,496,553
----------------------------------------------------------------------------------------------------------------
adjustments to budget activities
Adjustments to the budget activities are as follows:
Budget Activity 1: Operating Forces:of dollars]
24850 Aircraft Operations/WC-130 Training Hours.......... 1,000
24850 Aircraft Operations/AWACS Flying Hours............. 2,000
24850 Aircraft Operations/AWACS Reserve Program.......... 5,000
--------------------------------------------------------------
____________________________________________________
Total adjustments....................................... +8,000
Operation and Maintenance, Army National Guard
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
257 OPERATION AND MAINTENANCE, ARMY
NATIONAL GUARD
258 BUDGET ACTIVITY 1: OPERATING FORCES
258 MISSION OPERATIONS
259TRAINING OPERATIONS 1,736,633 1,786,633 1,736,633 1,766,633
259RECRUITING AND RETENTION 20,214 20,214 20,214 20,214
260MEDICAL SUPPORT 18,514 18,514 18,514 18,514
260DEPOT MAINTENANCE 36,099 46,099 36,099 41,099
261BASE SUPPORT 196,070 196,070 196,070 196,070
261MAINTENANCE OF REAL PROPERTY 48,041 48,041 123,041 48,041
-----------------------------------------------------------------
26200 TOTAL, BUDGET ACTIVITY 1 2,055,571 2,115,571 2,130,571 2,090,571
=================================================================
262 BUDGET ACTIVITY 4: ADMIN &
SERVICEWIDE ACTIVITIES
263 ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
263INFORMATION MANAGEMENT 42,461 42,461 53,461 53,461
264PUBLIC AFFAIRS 1,463 1,463 1,463 1,463
264PERSONNEL ADMINISTRATION 60,730 60,730 60,730 60,730
265STAFF MANAGEMENT 48,252 48,252 48,252 48,252
-----------------------------------------------------------------
26550 TOTAL, BUDGET ACTIVITY 4 152,906 152,906 163,906 163,906
=================================================================
26700 TOTAL, O&M;, ARMY NATIONAL GUARD 2,208,477 2,268,477 2,294,477 2,254,477
----------------------------------------------------------------------------------------------------------------
Adjustments to Budget Activities
Adjustments to the budget activities are as follows:
Budget Activity 1: Operating Forces:of dollars]
25900 Training Operations/Ground Optempo................. 30,000
26050 Depot Maintenance.................................. 5,000
Budget Activity 4: Administration and Servicewide
Activities:
26350 Information Management/Distance Learning........... 11,000
--------------------------------------------------------------
____________________________________________________
Total adjustments....................................... +46,000
national guard training support
The conferees are aware of the work of the National Guard
Training Support Branch in developing training procedures,
devices and simulations, such as FIST I and II and SIMITAR,
which have led to improvement in training and readiness for our
National Guard. The conferees are also aware that the results
of these efforts were successfully employed in Operation Joint
Endeavor. The conferees support these training efforts and
recommend that they be continued and expanded. The conferees
further recommend that the Training Readiness Operations
Directorate develop a comprehensive funding plan to ensure
continuation of these valuable programs.
joint aviation facility
The conferees believe that funds appropriated in Public
Law 103-110 for the purpose of a joint armed forces aviation
support facility at Johnstown, Pennsylvania should be available
for a joint air traffic control tower at Johnstown,
Pennsylvania which is necessary for aviation safety.
Operation and Maintenance, Air National Guard
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
268 OPERATION AND MAINTENANCE, AIR
NATIONAL GUARD
269 BUDGET ACTIVITY 1: OPERATING FORCES
269 AIR OPERATIONS
270AIRCRAFT OPERATIONS 1,935,403 1,952,303 2,002,903 1,998,003
270MISSION SUPPORT OPERATIONS 325,996 325,996 325,996 325,996
271BASE SUPPORT 285,396 285,396 285,396 285,396
271MAINTENANCE OF REAL PROPERTY 80,255 80,255 80,255 80,255
272DEPOT MAINTENANCE 19,483 19,483 19,483 19,483
-----------------------------------------------------------------
27250 TOTAL, BUDGET ACTIVITY 1 2,646,533 2,633,433 2,714,033 2,709,133
=================================================================
273 BUDGET ACTIVITY 4: ADMIN &
SERVICEWIDE ACTIVITIES
273 SERVICEWIDE ACTIVITIES
274ADMINISTRATION 3,076 3,076 3,076 3,076
274RECRUITING AND ADVERTISING 4,864 4,864 4,864 4,864
-----------------------------------------------------------------
27500 TOTAL, BUDGET ACTIVITY 4 7,940 7,940 7,940 7,940
=================================================================
275INVESTMENT ITEM TRANSFER .............. .............. .............. -694
-----------------------------------------------------------------
27650 TOTAL, O&M;, AIR NATIONAL GUARD 2,654,473 2,671,373 2,721,973 2,716,379
----------------------------------------------------------------------------------------------------------------
adjustments to budget activities
Adjustments to the budget activities are as follows:
Budget Activity 1: Operating Forces:of dollars]
27000 Aircraft Operations/159th Fighter Group............ 1,500
27000 Aircraft Operations/General Purpose Fighters....... 44,400
27000 Aircraft Operations/Flying Hour Program............ 10,000
27000 Aircraft Operations/C-130 PAA...................... 6,700
Other Adjustments:
27570 Investment Item Transfer........................... -694
--------------------------------------------------------------
____________________________________________________
Total adjustments....................................... +61,906
United States Court of Appeals for the Armed Forces
The conference agreement provides $6,797,000 for the
United States Court of Appeals for the Armed Forces as
requested in the budget.
court of military appeals reprogramming
The conferees direct the Office of the Under Secretary of
Defense (Comptroller) to develop a plan that provides the Court
of Military Appeals with a mechanism by which the court has the
option to reprogram funds into the Operation and Maintenance,
Defense-Wide account when it experiences an underexecution of
appropriated funds and to provide the congressional defense
committees with a summary of this plan by February 1, 1997.
Environmental Restoration, Army
The conferees agree to provide $339,109,000 for
Environmental Restoration, Army.
Environmental Restoration, Navy
The conferees agree to provide $287,788,000 for
Environmental Restoration, Navy.
Environmental Restoration, Air Force
The conferees agree to provide $394,010,000 for
Environmental Restoration, Air Force.
Environmental Restoration, Defense-Wide
The conferees agree to provide $36,722,000, for
Environmental Restoration, Defense-Wide.
Environmental Restoration, Formerly Used Defense Sites
The conferees agree to provide $256,387,000 for
Environmental Restoration, Formerly Used Defense Sites.
Overseas Humanitarian, Disaster, and Civic Aid
The conferees agree to provide $49,000,000 for Overseas
Humanitarian, Disaster and Civic Aid.
Former Soviet Union Threat Reduction
The conferees agree to provide $327,900,000, for the
Former Soviet Union Threat Reduction program.
Quality of Life Enhancements, Defense
The conferees agree to provide $600,000,000 for Quality
of Life Enhancements, Defense. The conferees are concerned
about the condition of barracks, dining halls and related
facilities throughout the Department of Defense. Accordingly,
the conferees agree that reducing the backlog of maintenance
and repair for such facilities should be the Department's
highest priority.
TITLE III--PROCUREMENT
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
SUMMARY
ARMY:
AIRCRAFT................................................ 970,815 1,308,709 1,283,815 1,348,434
MISSILES................................................ 766,329 988,567 982,829 1,041,867
WEAPONS, TRACKED COMBAT VEHICLES........................ 1,102,014 1,500,414 1,449,714 1,470,286
AMMUNITION.............................................. 853,428 1,150,128 1,118,329 1,127,149
OTHER................................................... 2,627,440 2,899,040 3,295,486 3,172,485
---------------------------------------------------
TOTAL, ARMY........................................... 6,320,026 7,846,858 8,130,173 8,160,221
===================================================
NAVY:
AIRCRAFT................................................ 5,881,952 6,896,552 7,239,704 7,027,010
WEAPONS................................................. 1,400,363 1,384,408 1,500,154 1,389,913
AMMUNITION.............................................. ........... 341,689 ........... 289,695
SHIPS................................................... 4,911,930 4,469,930 6,193,330 5,613,665
OTHER................................................... 2,714,195 2,889,591 2,944,519 3,067,944
MARINE CORPS............................................ 555,507 623,973 660,507 569,073
---------------------------------------------------
TOTAL, NAVY........................................... 15,463,947 16,606,143 18,538,214 17,957,300
===================================================
AIR FORCE:
AIRCRAFT................................................ 5,779,228 7,274,628 6,630,370 6,404,980
MISSILES................................................ 2,733,877 2,279,500 2,713,944 2,297,145
AMMUNITION.............................................. ........... 272,177 ........... 293,153
OTHER................................................... 5,998,819 6,078,539 5,577,787 5,944,680
---------------------------------------------------
TOTAL, AIR FORCE...................................... 14,511,924 15,904,844 14,922,101 14,939,958
===================================================
DEFENSE-WIDE................................................ 1,841,212 2,247,812 1,773,794 1,978,005
NATIONAL GUARD AND RESERVE EQUIPMENT........................ ........... 908,000 759,800 780,000
---------------------------------------------------
TOTAL PROCUREMENT..................................... 38,137,109 43,513,657 44,124,082 43,815,484
----------------------------------------------------------------------------------------------------------------
special interest items
The conferees direct that the direction contained under
the heading ``Special Interest Items'' in the House report also
shall apply to items identified in the same manner in the
Senate report. The conferees direct that items appearing in the
project and subproject level tables in the House and Senate
reports, and in the conference managers' statement, shall be
reflected in the Form DD-1414 ``Base for Reprogramming'' and
treated accordingly.
LRIP test articles and reprogramming thresholds
The conferees strongly agree with the concerns expressed
by both the House and the Senate with respect to changes
contemplated by the Department of Defense (DoD) in the
budgeting for low-rate initial production (LRIP) test articles
and in reprogramming thresholds. The conferees note that the
Department's budgeting policies for LRIP test articles have
been applied inconsistently in the past. The conferees reserve
judgment as to the desirability of changing the budgeting
practice for LRIP test articles, and they intend to evaluate
the ramifications of this change during the fiscal year 1998
budget review. Unlike the circumstances associated with
creation of the fiscal year 1997 budget request, the conferees
expect the Department to consult with the Committees on
Appropriations well in advance about the justification and
implications of this change.
To ensure such consultation occurs, the conferees direct
that DoD may not modify its policies or practices with respect
to budgeting for LRIP test articles until 90 days after any
proposed modification is reported to the congressional defense
committees, along with a detailed justification for that
proposed modification. Further, this issue underscores the lack
of visibility of test article quantities in current budget
exhibits. Given that test articles are significant cost drivers
in research and development programs, the conferees direct that
RDT&E; budget exhibits for fiscal year 1998 and subsequent years
must clearly denote the number and type of test articles
budgeted, in total, over the life of the R&D; program.
The conferees also direct that none of the funds
available to DoD during fiscal year 1997 may be obligated or
expended to modify established reprogramming procedures,
including modifying below threshold reprogramming dollar
thresholds, until 90 days after any proposed modification is
reported to the congressional defense committees, along with a
detailed justification for that proposed modification.
ammunition and missile quantities
The conferees agree that if missiles and ammunition
quantities are noted in the following tables, they are to be
considered estimates of the minimum number of rounds than can
be procured in fiscal year 1997 with the funds provided.
Continuing a longstanding policy, the conferees do not intend
that quantity notations in the tables are to be a limitation on
the number of rounds that can be procured and further direct
the Department to buy as many rounds as appropriated funds will
allow. In no case, however, shall the Department buy less than
the quantities requested or noted in the tables unless the
congressional defense committees are informed as to why these
levels are not achievable.
gps and flight data recorders and passenger safety modifications
The conferees agree with the language included under
these headings in their respective House and Senate committee
reports. The conferees agree with the Secretary of Defense that
military passenger aircraft should be modified with modern
safety-related equipment such as global positioning system
receivers, flight data recorders, cockpit voice recorders,
ground proximity warning systems, and traffic collision and
avoidance systems. The conferees direct the Department of
Defense to evaluate using commercial equipment to meet these
requirements. The conferees direct that House and Senate
reporting requirements be combined, and that no fiscal year
1997 funds be obligated until these reports are provided to the
congressional defense committees.
information systems security
The conferees are concerned about the potential for
unauthorized entry into Department of Defense information
systems. The intelligence community believes that numerous
foreign countries are developing ``information warfare''
capabilities designed to exploit the accessibility of computer
and communications systems. Department of Defense personnel
must understand how they are impacted by this threat as well as
what their roles and responsibilities are as key implementors
of the Department's information protection strategy.
Consequently, effective information security training is an
essential component of countering this threat. The conferees
recommend that services and defense agencies which have not yet
developed computer security procedures should consider the
procurement of commercial-off-the-shelf computer security
training and training management software such as the Air
Force's Safeware.
secure terminal equipment
The Secure Terminal Equipment (STE) program has developed
the next generation secure terminal for use by U.S. military
forces, the intelligence community, and other government
agencies requiring secure voice and data communications. The
conferees have provided $11,319,000 within the Other
Procurement, Navy appropriation under ``Secure Voice Systems''
and $7,300,000 in Other Procurement, Army under ``Information
Systems Security'' for the procurement of tactical STE,
consistent with the President's budget request. The conferees
support STE as a vital step in ensuring necessary voice and
data security enhancements and therefore designate the Army and
Navy procurement lines as programs of special congressional
interest and expect the Department of Defense Form 1414 to
reflect this designation.
Furthermore, the conferees direct that $17,000,000 of the
funds appropriated for Procurement, Defense-Wide be made
available only for the procurement of the tactical STE. None of
these funds are to be used for the development of cellular
equipment without prior notification to the congressional
defense committees.
Aircraft Procurement, Army
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, ARMY
ARL (TIARA).................................... 24,742 35,242 24,742 ........... 29,942
C-XX (MEDIUM RANGE) AIRCRAFT................... ........... ........... 35,000 5 22,000
GUARDRAIL COMMON SENSOR (TIARA)................ 1,081 11,081 1,081 ........... 5,000
AH-64 ATTACK HELICOPTER (APACHE)............... ........... ........... 53,000 ........... ...........
UH-60 BLACKHAWK (MYP).......................... 161,279 161,279 290,379 34 225,379
UH-60 BLACKHAWK (MYP) (AP-CY).................. 75,000 61,000 75,000 ........... 68,000
CH-47 CARGO HELICOPTER MODS (MYP).............. 7,802 59,802 51,502 ........... 51,502
LONGBOW........................................ 356,957 356,957 356,957 ........... 383,457
KIOWA WARRIOR.................................. 9,115 242,115 9,115 ........... 199,115
EH-60 QUICKFIX MODS............................ 13,912 36,612 13,912 ........... 13,912
AIRBORNE AVIONICS.............................. 40,819 60,919 40,819 ........... 48,319
PASSENGER SAFETY MODIFICATIONS................. ........... ........... 3,200 ........... 3,200
ASE MODS....................................... 4,801 4,801 4,801 ........... 25,801
SPARES AND REPAIR PARTS........................ 51,106 34,700 51,106 ........... 41,106
AIRCRAFT SURVIVABILITY EQUIPMENT............... 436 20,436 34,436 ........... 436
AVIONICS SUPPORT EQUIPMENT..................... 7,449 7,449 12,449 ........... 9,949
AVIATION LIFE SUPPORT EQUIPMENT (ALSE)......... 6,292 6,292 16,292 ........... 13,292
AIR TRAFFIC CONTROL............................ 8,401 8,401 8,401 ........... 6,401
----------------------------------------------------------------------------------------------------------------
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
AH-64 Attack Helicopter..................................... 0 0 53,000 0
Training Devices........................................ ........... 0 53,000 0
(Note: $26,500,000 transferred to Longbow)
UH-60 Blackhawk (MYP)....................................... 161,279 161,279 290,379 225,379
(Note: Additional funds are to procure 6 additional
aircraft for the Army National Guard. The conferees
also direct that 4 of the 34 aircraft must be
configured as UH-60Q platforms for enhanced medical
evacuation)
Longbow..................................................... 356,957 356,957 356,957 383,457
Training devices........................................ ........... 0 0 26,500
(Note: $26,500,000 transferred from AH-64 Attack
Helicopter. The conferees agree that of the total
amount available $1,000,000 is only for the evaluation
of a kit upgrade program to convert T-700-701 engines
to T-700-701C engines)
Airborne Avionics........................................... 40,819 60,919 40,819 48,319
GPS-Blackhawk and Chinook............................... ........... 15,000 0 7,500
GPS-passenger carrying aircraft......................... ........... 5,100 0 0
(Note: $3,200,000 in additional funds are provided in
Passenger Safety Mods)
ASE Mods.................................................... 4,801 4,801 4,801 25,801
Laser detection sets.................................... ........... ........... 0 11,000
Advanced threat infrared countermeasures for Longbow
Apache................................................. ........... ........... 0 5,000
Integration of radar deception jamming devices.......... ........... ........... 0 5,000
(Note: Transferred from Aircraft Survivability
Equipment)
Aircraft Survivability Equipment............................ 436 20,436 34,436 436
Laser detection sets.................................... ........... 20,000 11,000 0
Advanced threat infrared countermeasures for Longbow
Apache................................................. ........... 0 13,000 0
Integration of radar deception jamming devices.......... ........... 0 10,000 0
(Note: Transferred to ASE Mods.)
Air Traffic Control......................................... 8,401 8,401 8,401 6,401
(Note: $2,000,000 transferred to Research, Development,
Test and Evaluation, Army-Air Traffic Control for
ATNAVICS)
----------------------------------------------------------------------------------------------------------------
Missile Procurement, Army
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
MISSILE PROCUREMENT, ARMY:
PATRIOT SYSTEM SUMMARY (MYP)................. 2,862 ........... 2,862 ........... ...........
AVENGER SYSTEM SUMMARY....................... 12,581 71,981 12,581 93 71,981
JAVELIN (AAWS-M) SYSTEM SUMMARY.............. 162,104 201,804 196,104 1,020 162,104
JAVELIN (MYP) (AP-CY)........................ ........... ........... ........... ........... 34,000
MLRS LAUNCHER SYSTEMS........................ 38,039 48,039 105,039 ........... 105,039
ARMY TACTICAL MSL SYS (ATACMS)--SYS SUM...... 92,816 161,816 92,816 97 92,816
ARMY TACTICAL MSL SYS (MYP) (AP-CY).......... ........... ........... ........... ........... 69,000
PATRIOT MODS................................. 11,464 21,464 23,464 ........... 23,464
STINGER MODS................................. 16,903 36,903 39,703 ........... 36,903
AVENGER MODS................................. ........... ........... 29,000 ........... ...........
ITAS/TOW MODS................................ 16 16 33,016 ........... 16
DRAGON MODS.................................. 3,181 3,181 4,881 ........... 3,181
----------------------------------------------------------------------------------------------------------------
javelin advance procurement
The conferees agree to provide an additional $34,000,000
and establish an advance procurement line for economic order
quantity purchases associated with multiyear procurement of the
Javelin missile. The conferees agree with House direction
requiring the Army to negotiate variable quantity options in
the third year of the Javelin multiyear contract. Further, the
conferees agree with the reporting requirements contained in
both the House and Senate reports and further stipulate that
the reports be combined and submitted to the congressional
defense committees not less than 30 days prior to the contract
award.
patriot modifications
The conferees agree to provide $23,464,000 for Patriot
modifications. The additional funds are provided for the GEM +/
- upgrade and the Integrated Diagnostic Support System and may
be distributed between the two programs at the discretion of
the Army.
stinger modifications
The conferees agree to provide $36,903,000 for Stinger
Modifications. The additional funds are provided to upgrade
Stinger missiles to the Block 1 configuration, to modify
Stinger platforms to use the Block 1 missile, and to retrofit
the missile with a new warhead. The Army may allocate the
additional funds as priorities dictate among these efforts.
army tactical missile sytem (atacms) advance procurement
The conferees agree to provide $69,000,000 to establish
an advance procurement line for economic order quantity
purchases associated with multiyear procurement of ATACMS.
Procurement of Weapons and Tracked Combat Vehicles, Army
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
PROCUREMENT OF W&TCV;, ARMY:
BRADLEY BASE SUSTAINMENT..................... 134,428 254,428 191,628 ........... 235,000
FIELD ARTILLERY AMMUNITION SUPPORT VEH....... 34,400 64,200 84,400 24 64,200
COMMAND & CONTROL VEHICLE.................... 48,985 38,985 48,985 5 48,985
CARRIER, MOD................................. 23,028 52,028 43,028 ........... 43,028
HOWITZER, MED SP FT 155MM M109A6 (MOD)....... 75,000 106,200 136,000 ........... 106,200
FAASV PIP TO FLEET........................... 4,727 13,827 4,727 ........... 13,827
IMPROVED RECOVERY VEHICLE (M88 MOD).......... 28,641 55,741 78,641 ........... 55,741
M1 ABRAMS TANK (MOD)......................... 50,217 40,217 78,217 ........... 63,217
ARMORED COMBAT EARTHMOVER.................... ........... 100,700 ........... ........... 51,000
GRENADE LAUNCHER, AUTO, 40MM, MK19-3......... 5,199 18,199 33,199 320 33,199
MACHINE GUN.................................. ........... 20,000 ........... ........... 20,000
M16 RIFLE MODS............................... 5,531 5,531 20,531 ........... 5,531
----------------------------------------------------------------------------------------------------------------
bradley base sustainment
The conferees agree to provide $235,000,000 for Bradley
base sustainment, an increase of $100,572,000 to the budget
request only for A0 remanufacturings. The conferees direct that
no less than $55,000,000 be made available only for the
remanufacturing of 50 A0 to A2 vehicles. The remaining
remanufacturing funds shall be available only for A0 to A3
remanufacturing. The conferees expect the remaining funds to
support approximately 45 A0 to A3 remanufacturings. The
conferees direct that the Bradley A0 conversion program
continue until such time as the Army declares the remaining A0
vehicles excess and processes them for surplus.
Procurement of Ammunition, Army
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
PROCUREMENT OF AMMUNITION, ARMY:
CTG, 5.56MM, ALL TYPES....................... 29,752 29,752 30,752 -- 30,752
CTG, 7.62MM, ALL TYPES....................... 3,871 5,971 5,871 -- 5,971
CTG, 9MM, ALL TYPES.......................... -- 1,400 -- -- 1,000
CTG, .50 CAL, ALL TYPES...................... 3,971 10,971 3,971 -- 7,000
CTG, 25MM, ALL TYPES......................... 47,176 87,176 87,176 -- 80,000
CTG, 30MM, ALL TYPES......................... -- 15,000 15,000 -- 10,000
CTG, 40MM, ALL TYPES......................... 34,428 31,828 34,428 -- 33,000
SPECIAL PURPOSE AMMUNITION................... -- 6,000 -- -- 4,000
CTG MORTAR 60MM \1/10\ PRAC M766............. 5,019 5,219 5,019 7 5,219
60MM HE M720................................. -- 12,500 10,000 -- 10,000
CTG MORTAR 120MM FULL RANGE PRACTICE XM931... 49,539 51,439 49,539 -- 51,000
CTG MORTAR 120MM ILLUM XM930 W/MTSQ FZ....... 19,360 34,360 19,360 -- 26,000
CTG MORTAR 120MM SMOKE XM929 W/MO FUZE....... 30,106 39,006 30,106 -- 35,000
CTG 120MM APFSDS-T M829A2.................... 79,703 103,703 89,703 23 103,703
CTG 120MM HEAT-MP-T M830A1................... -- 45,000 45,000 -- 31,000
PROJ ARTY 155MM HE M795...................... -- 55,000 45,000 -- 40,000
PROJ ARTY 155MM SADARM M898.................. 60,259 78,759 93,759 322 93,759
MINE AT/AP M87 (VOLCANO)..................... --- 35,000 -- -- 15,000
WIDE AREA MUNITIONS.......................... 19,299 19,299 -- 261 10,000
BUNKER DEFEATING MUNITION (BDM).............. -- 10,000 -- -- 10,000
GRENADES, ALL TYPES.......................... 7,654 4,154 7,654 -- 4,154
SIGNALS, ALL TYPES........................... 10,196 1,296 10,196 -- 1,296
PROVISION OF INDUSTRIAL FACILITIES........... 38,508 40,008 38,508 -- 40,008
ARMAMENT RETOOLING & MANUFACTURING SUPPORT
(ARMS)...................................... -- -- 58,000 -- 45,000
CONVENTIONAL AMMO DEMILITARIZATION........... 88,603 88,603 100,603 -- 95,603
----------------------------------------------------------------------------------------------------------------
ctg 120mm M829A2
The conferees do not agree to the House language
directing the Army to procure CTG 120MM M829A2 tank ammunition
for the Marine Corps.
ctg 105mm arty m913/m927 hera
The conferees agree that of the funds appropriated in any
fiscal year for Procurement of Ammunition, Army, $27,000,000
shall be made available only for the procurement of M913/M927
HERA ammunition.
Other Procurement, Army
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
OTHER PROCUREMENT, ARMY:
FAMILY OF MEDIUM TACTICAL VEH (MYP).......... 233,094 233,094 238,094 1,603 233,094
FAMILY OF HEAVY TACTICAL VEHICLES (MYP)...... 163,343 196,343 286,343 ........... 244,000
ARMORED SECURITY VEHICLES (COMBAT SPT) TACTIC 9,240 18,240 18,540 24 18,240
MEDIUM TRUCK EXTENDED SVC PGM(ESP) (PREV
SLEP)....................................... ........... 20,000 47,000 ........... 40,000
FMTV PRODUCIBILITY EVAL TASK (PET)........... ........... ........... ........... ........... 6,000
SMART-T (SPACE).............................. 45,427 34,727 45,427 ........... 34,727
SCAMP (SPACE)................................ 23,555 14,455 23,555 ........... 14,455
ARMY DATA DISTRIBUTION SYSTEM (ADDS)......... 47,987 72,987 67,987 ........... 67,987
SINCGARS FAMILY.............................. 297,496 297,496 340,796 ........... 320,000
EAC COMMUNICATIONS........................... 4,089 4,089 44,089 ........... 44,089
TSEC--INFORMATION SYSTEM SECURITY............ 10,678 30,078 10,678 ........... 20,000
INFORMATION SYSTEMS.......................... 24,668 24,668 53,668 ........... 48,668
FT CARSON COMMUNICATIONS..................... ........... 200 ........... ........... 200
GENERAL DEFENSE INTELL PROG (GDIP)........... 12,649 16,649 26,349 ........... 22,849
ITEMS LESS THAN $2.0M (INTEL SPT)--TIARA..... 2,151 9,051 2,151 ........... 9,051
ALL SOURCE ANALYSIS SYS (ASAS) (TIARA)....... 12,297 12,297 23,997 ........... 12,297
JTT/CIBS-M (TIARA)........................... 14,010 19.010 14,010 58 19,010
TROJAN (TIARA)............................... 2,603 4,203 2,603 ........... 4,203
COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES. 1,642 1,642 8,142 ........... 1,642
FAAD GBS..................................... 51,226 68,826 80,426 16 69,000
NIGHT VISION DEVICES......................... 111,872 126,872 200,000 ........... 165,000
SHORTSTOP ELECTRONIC PROTECTION SYSTEM....... ........... ........... ........... ........... 5,000
INTEGRATED MET SYS SENSORS (IMETS)--TIARA.... 3,144 5,144 3,144 6 3,144
FORWARD ENTRY DEVICE (FED)................... 2,134 12,034 2,134 ........... 12,034
LOGTECH...................................... 4,395 4,395 10,395 ........... 8,000
STAMIS TACTICAL COMPUTERS (STACOMP).......... 27,211 27,211 52,211 ........... 40,000
STANDARD INTEGRATED CMD POST SYSTEM.......... 26,304 26,304 36,604 ........... 30,000
AUTOMATED DATA PROCESSING EQUIP.............. 136,386 114,886 136,386 ........... 136,386
INTEGRATED FAMILY OF TEST EQUIP (IFTE)....... 1,506 30,506 1,506 ........... 21,506
FORCE PROVIDER............................... 11,661 39,661 11,661 2 25,000
ITEMS LESS THAN $2.0M (CSS-EQ)............... 2,688 4,688 2,688 ........... 4,688
INLAND PETROLEUM DISTRIBUTION SYSTEM......... 1,064 3,064 1,064 ........... 3,064
ITEMS LESS THAN $2.0M (POL).................. 5,331 5,331 5,331 ........... 7,331
COMBAT SUPPORT MEDICAL....................... 15,851 6,651 15,851 ........... 15,851
ITEMS LESS THAN $2.0M (CONST EQUIP).......... 382 382 52,200 ........... 47,200
PUSHER TUG, SMALL............................ 6,877 6,877 6,877 2 7,377
GENERATORS AND ASSOCIATED EQUIP.............. 13,187 38,187 38,187 ........... 30,000
TRAINING DEVICES, NONSYSTEM.................. 82,724 84,224 100,824 ........... 96,824
----------------------------------------------------------------------------------------------------------------
family of medium tactical vehicles-producability evaluation task
The conferees are pleased with the Army's recent decision
to begin a Producability Evaluation Task (PET) for the Family
of Medium Tactical Vehicles (FMTV) follow-on buy. The PET
approach to the FMTV follow-on program will assure that
competing contractors demonstrate the ability to manufacture
the FMTV while not having to wait for a production validated
Level III Technical Data Package from the current contractor. A
successful PET will ensure an early contract award and if won
by the incumbent will mitigate the effect of a potential
production break.
To demonstrate its strong support and to expedite the PET
effort, the conferees agree to provide $6,000,000 for fiscal
year 1997.
items less than $2,000,000 (Petroleum)
The conferees agree to provide an additional $2,000,000
for the Supplemental Fuel Carrying Capability program which
provides an external fuel bladder to increase the operational
range of the Abrams tank.
night vision devices
The conferees agree to provide $165,000,000 for Night
Vision Devices, an increase of $53,128,000 to the budget
request. The conferees agree that $10,000,000 of the additional
funds shall be used only for the procurement of Mini Eyesafe
Laser Infrared Observation Sets, to meet active duty and
reserve component requirements.
training devices, nonsystem
The conferees agree to provide $96,824,000 for the Army's
nonsystem training devices program, an increase of $14,100,000
to the budget request. Of the additional funds provided,
$1,500,000 is only for the procurement of the electronic rifle
targeting system, used at the Olympics, to upgrade the
marksmanship training range at Fort Benning, Georgia, and the
remaining increase of $12,600,000 is only for the continued
procurement and installation of the Joint Readiness Training
Center's (JRTC) military operations urban terrain (MOUT)
training devices.
shortstop electronic protection system (seps)
The conferees strongly support the immediate deployment
of the Shortstop countermeasure system to U.S. forces in Korea
and therefore have provided $5,000,000 for the procurement of
approximately 20 systems in fiscal year 1997.
items less than $2.0M (construction equipment)
The conferees recommend providing $47,200,000 for the
procurement of construction equipment in fiscal year 1997, an
increase of $46,818,000 to the budget request. The conferees
provide these additional funds only for the procurement of
bituminous material distribution trucks and 20-ton dump trucks.
Aircraft Procurement, Navy
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, NAVY:
AV-8B (V/STOL) HARRIER....................... 282,014 350,014 344,757 12 344,757
F/A-18C/D (FIGHTER) HORNET................... ........... ........... 489,000 6 279,000
F/A-18E/F (FIGHTER) HORNET................... 1,859,856 1,859,856 1,844,756 12 1,844,756
V-22 (MEDIUM LIFT)........................... 500,904 732,904 730,904 5 620,904
KC-130J...................................... ........... 209,200 ........... 4 210,800
EA-6 SERIES.................................. 100,620 221,620 263,620 ........... 228,620
F-14 SERIES.................................. 231,974 241,974 231,974 ........... 236,974
F-18 SERIES.................................. 156,486 154,486 154,327 ........... 154,327
AH-1W SERIES................................. 23,950 43,350 23,950 ........... 23,950
H-53 SERIES.................................. 44,567 44,567 58,567 ........... 54,567
H-1 SERIES................................... 9,339 9,339 22,839 ........... 22,839
EP-3 SERIES.................................. 35,429 45,429 36,429 ........... 36,429
P-3 SERIES................................... 128,560 201,960 200,760 ........... 180,760
S-3 SERIES................................... 36,413 36,413 18,207 ........... 31,413
E-2 SERIES................................... 23,143 27,943 23,143 ........... 27,943
COMMON ECM EQUIPMENT......................... 20,069 58,069 68,043 ........... 68,043
REEF POINT................................... ........... ........... 55,000 ........... ...........
COMMON AVIONICS CHANGES...................... 87,841 111,141 87,841 ........... 87,841
PASSENGER SAFETY MODIFICATIONS............... ........... ........... 14,800 ........... 14,800
SPARES AND REPAIR PARTS...................... 839,987 832,487 844,987 ........... 837,487
COMMON GROUND EQUIPMENT...................... 313,070 303,070 313,070 ........... 308,070
----------------------------------------------------------------------------------------------------------------
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
F/A-18C/D 0 0 12/489,000 6/279,000
[Note: The conferees agree to provide $279.0
million for procurement of 6 F/A-18D
aircraft.]
EA-6B Series.................................... 100,620 221,620 263,620 228,620
Center Wing Sections........................ .............. +50,000 +50,000 +50,000
Band 9/10 Transmitters...................... .............. +40,000 +40,000 +40,000
USQ-113 Communications Jammer............... .............. +11,000 +11,000 +11,000
Turbine Blade Containment................... .............. +20,000 +40,000 +5,000
Connectivity................................ .............. .............. +22,000 +22,000
[Note: The House funded the connectivity
upgrades in R&D.;]
EP-3 Series..................................... 35,429 45,429 36,429 36,429
Sensor upgrade.............................. .............. +10,000 .............. ..............
LESPA....................................... .............. .............. +1,000 +1,000
P-3 Series...................................... 128,560 201,960 200,760 180,760
Additional AIP kits......................... .............. +87,000 +87,000 +61,000
Additional SRP kits......................... .............. +4,000 .............. +4,000
LESPA....................................... .............. .............. +2,800 +2,800
Digital USH-42.............................. .............. .............. .............. +2,000
roll on/off intell.......................... .............. -17,600 -17,600 -17,600
Common ECM...................................... 20,069 58,069 68,043 68,043
ASPJ........................................ .............. +50,000 +50,000 +50,000
ALR-67(V)3 Delay............................ .............. -12,000 -12,026 -12,026
APR-39A(V)2................................. .............. .............. +10,000 +10,000
Spares and Repair Parts......................... 839,987 832,487 844,987 837,487
Contract savings............................ .............. -7,500 .............. -7,500
Magic Lantern............................... .............. .............. +5,000 +5,000
----------------------------------------------------------------------------------------------------------------
f/a-18e/f report and analysis
The conferees direct the Secretary of Defense to submit
to the congressional defense committees, not later than April
15, 1997, a report on the F/A-18E/F aircraft program which
contains the following:
(1) a review of the F/A-18E/F aircraft program;
(2) an analysis and estimate of the production
costs of the program for the total number of aircraft
expected to be procured at each of four annual
production rates (18, 24, 36, 48 aircraft);
(3) a comparison of the costs and benefits of the
F/A-18E/F aircraft with the costs and benefits of the
F/A-18C/D aircraft, and the operational combat
effectiveness of the aircraft.
kc-130j
The conferees agree to provide $210,000,000 for the
acquisition of four KC-130J aircraft. The conferees also agree
that one of those aircraft shall be transferred to the Air
National Guard for crew training during the period that a new
product EC-130J, found elsewhere in this agreement is being
modified for Special/Psychological Operations. The conferees
further agree that the KC-130J shall be returned to the Marine
Corps upon the completion of the EC-130J modification.
common helicopter crashworthy seats
The conferees believe that there may be significant
benefits in terms of time, safety, and cost through development
of a crashworthy seat common to the UH-1, H-3, and H-46
helicopters. The conferees direct the Navy to evaluate whether
there is a requirement for such a seat and whether these
benefits can be achieved. A report on the results of this
evaluation must be submitted to the congressional defense
committees no later than April 15, 1997.
Weapons Procurement, Navy
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
WEAPONS PROCUREMENT, NAVY:
TOMAHAWK..................................... 88,513 120,513 88,513 134 100,000
AMRAAM....................................... 36,091 71,091 36,091 100 58,000
HARPOON...................................... ........... ........... 40,000 ........... ...........
JSOW......................................... 64,426 101,426 64,426 150 80,000
STANDARD MISSILE............................. 197,463 197,463 237,463 127 220,000
DRONES AND DECOYS............................ ........... ........... 20,000 ........... 17,500
PENGUIN...................................... ........... 15,000 ........... ........... 7,000
HARPOON MODS................................. 22,893 22,893 22,893 ........... 43,000
ORDNANCE SUPPORT EQUIPMENT................... 19,126 19,126 4,517 ........... 14,517
VERTICAL LAUNCHED ASROC (VLA)................ ........... ........... ........... ........... 13,000
GENERAL PURPOSE BOMBS........................ 27,150 ........... 27,150 ........... ...........
2.75 INCH ROCKETS............................ 9,433 ........... 9,433 ........... ...........
MACHINE GUN AMMUNITION....................... 5,341 ........... 5,341 ........... ...........
PRACTICE BOMBS............................... 11,131 ........... 11,131 ........... ...........
CARTRIDGES & CART ACTUATED DEVICES........... 21,939 ........... 21,939 ........... ...........
AIRCRAFT ESCAPE ROCKETS...................... 8,172 ........... 8,172 ........... ...........
AIR EXPENDABLE COUNTERMEASURES............... 21,980 ........... 21,980 ........... ...........
MARINE LOCATION MARKERS...................... 580 ........... 580 ........... ...........
JATOS........................................ 4,166 ........... 4,166 ........... ...........
5 INCH/54 GUN AMMUNITION..................... 13,495 ........... 13,495 ........... ...........
76MM GUN AMMUNITION.......................... 2,738 ........... 2,738 ........... ...........
OTHER SHIP GUN AMMUNITION.................... 4,133 ........... 4,133 ........... ...........
SMALL ARMS & LANDING PARTY AMMO.............. 3,126 ........... 3,126 ........... ...........
PYROTECHNIC AND DEMOLITION................... 10,131 ........... 10,131 ........... ...........
MINE NEUTRALIZATION DEVICES.................. 5,840 ........... 5,840 ........... ...........
----------------------------------------------------------------------------------------------------------------
harpoon modifications
The conferees agree to provide $43,000,000 for Harpoon
and SLAM modifications, of which $20,107,000 is only to
retrofit additional SLAM-ER missiles.
Procurement of Ammunition, Navy and Marine Corps
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
PROCUREMENT OF AMMUNITION, NAVY & MARINE CORPS:
GENERAL PURPOSE BOMBS........................ ........... 27,150 ........... ........... 27,150
2.75 INCH ROCKETS............................ ........... 9,433 ........... ........... 9,433
MACHINE GUN AMMUNITION....................... ........... 5,341 ........... ........... 5,341
PRACTICE BOMBS............................... ........... 17,131 ........... ........... 14,000
CARTRIDGES & CART ACTUATED DEVICES........... ........... 21,939 ........... ........... 21,939
AIRCRAFT ESCAPE ROCKETS...................... ........... 8,172 ........... ........... 8,172
AIR EXPENDABLE COUNTERMEASURES............... ........... 21,980 ........... ........... 21,980
MARINE LOCATION MARKERS...................... ........... 580 ........... ........... 580
JATOS........................................ ........... 4,166 ........... ........... 4,166
5 INCH/54 GUN AMMUNITION..................... ........... 22,945 ........... ........... 16,000
76MM GUN AMMUNITION.......................... ........... 2,738 ........... ........... 2,738
OTHER SHIP GUN AMMUNITION.................... ........... 4,133 ........... ........... 4,133
SMALL ARMS & LANDING PARTY AMMO.............. ........... 3,126 ........... ........... 3,126
PYROTECHNIC AND DEMOLITION................... ........... 10,131 ........... ........... 10,131
MINE NEUTRALIZATION DEVICES.................. ........... 5,840 ........... ........... 5,840
5.56 MM, ALL TYPES........................... ........... 20,425 ........... ........... 25,000
7.62 MM, ALL TYPES........................... ........... 6,493 ........... ........... 11,000
.50 CALIBER.................................. ........... 6,052 ........... ........... 6,052
40 MM, ALL TYPES............................. ........... 3,210 ........... ........... 3,210
60 MM HE M888................................ ........... 5,127 ........... ........... 5,127
81 MM HE..................................... ........... 1,731 ........... ........... 1,731
81 MM SMOKE SCREEN........................... ........... 2,573 ........... ........... 2,573
120MM TPCSDS-T M865.......................... ........... 2,545 ........... ........... 2,545
120 MM TP-T M831............................. ........... 1,723 ........... ........... 1,723
120MM HEAT-MP (M830A1)....................... ........... 10,000 ........... ........... 7,000
CTG 25 MM, ALL TYPES......................... ........... 4,807 ........... ........... 4,807
9 MM, ALL TYPES.............................. ........... 2,793 ........... ........... 2,793
GRENADES, ALL TYPES.......................... ........... 686 ........... ........... 686
LINEAR CHG, ALL TYPES........................ ........... 45,000 ........... ........... 30,000
AMMO MODERNIZATION........................... ........... 9,118 ........... ........... 9,118
ITEMS LESS THAN $2 MIL....................... ........... 1,601 ........... ........... 1,601
M757 CHARGE ASSEMBLY......................... ........... 53,000 ........... ........... 20,000
----------------------------------------------------------------------------------------------------------------
small arms ammunition
The Marine Corps has identified $28,000,000 of fiscal
year 1996 ammunition funds as excess to their current program
requirements. The conferees direct the Marine Corps to procure
small caliber ammunition with these excess funds. The sources
and increases are as follows:
Sources:
155MM CHG PROP Red bag.............................. -$15,600,000
FUZE, ET, XM762..................................... -9,210,000
ITEMS LESS THAN $2,000,000.......................... -990,000
(DET, PERC, 175MS)
40MM PRACTICE....................................... -2,200,000
Increases:
5.56 MM, ALL TYPES.................................. +$20,000,000
7.62 MM, ALL TYPES.................................. +8,000,000
Shipbuilding and Conversion, Navy
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
SHIPBUILDING & CONVERSION, NAVY:
SSN-21....................................... 699,071 599,071 699,071 ........... 649,071
NEW SSN (AP-CY).............................. 296,186 700,186 997,186 ........... 797,186
DDG-51....................................... 3,374,693 2,624,593 3,374,693 ........... 3,374,693
DDG-51....................................... 9,379 9,379 534,379 ........... 234,379
SHIP SELF DEFENSE............................ ........... 54,000 ........... ........... ...........
AE(C)........................................ 59,665 59,665 59,665 1 40,000
OCEANOGRAPHIC SHIPS.......................... ........... 4,000 54,400 1 54,400
OCEANOGRAPHIC SHIPS--SWATH................... ........... ........... 45,000 1 45,000
LCAC SLEP(AP-CY)............................. ........... ........... 3,000 ........... 3,000
OUTFITTING................................... 91,990 47,990 44,990 ........... 44,990
POST DELIVERY................................ 141,855 131,855 141,855 ........... 131,855
----------------------------------------------------------------------------------------------------------------
ddg-51
The conferees agree to provide $3,374,693,000 for
procurement of 4 ships, $234,379,000 in advance procurement,
and authority in Section 8009 to enter into a multiyear
contract using fiscal year 1996 and 1997 funds.
ammunition ship conversions
The conferees have received pricing revisions for the
conversion of ammunition ships. The fiscal year 1997 budget
will no longer fund two ammunition ship conversions. The
conferees agree to provide $40,000,000 for one conversion.
oceanographic ship--swath
The conferees agree to the Senate language regarding the
SWATH oceanographic ship.
ship cost adjustment
The conferees agree to the ship cost adjustment
recommendations in the Senate bill, and have included
additional adjustments recently requested by the Navy.
Other Procurement, Navy
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
OTHER PROCUREMENT, NAVY:
SUBMARINE PROPELLERS......................... 39,182 37,182 39,182 ........... 37,182
POLLUTION CONTROL EQUIPMENT.................. 135,216 130,216 135,216 ........... 130,216
HM&E; ITEMS UNDER $2 MILLION.................. 35,545 28,845 35,545 ........... 28,845
REACTOR COMPONENTS........................... 185,551 183,051 185,551 ........... 183,051
RADAR SUPPORT................................ ........... 16,000 16,900 ........... 16,000
AN/SQQ-89 SURF ASW COMBAT SYSTEM............. 24,674 21,618 24,674 ........... 24,674
SSN ACOUSTICS................................ 44,134 37,986 44,134 ........... 44,134
SUBMARINE ACOUSTIC WARFARE SYSTEM............ 7,840 7,840 15,840 ........... 7,840
SSTD......................................... 5,701 5,701 18,201 ........... 11,000
CARRIER ASW MODULE........................... 144 144 9,144 ........... 144
C-3 COUNTERMEASURES.......................... 556 16,556 556 ........... 556
NAVY TACTICAL DATA SYSTEM.................... 18,220 30,220 28,220 ........... 30,220
TACTICAL FLAG COMMAND CENTER................. 23,941 22,741 27,441 ........... 26,200
MINESWEEPING SYSTEM REPLACEMENT.............. 22,853 22,853 48,698 ........... 40,698
STRATEGIC PLATFORM SUPPORT EQUIP............. 4,054 36,054 4,054 ........... 28,000
ID SYSTEMS................................... 4,702 4,702 4,702 ........... 18,702
TADIX-B...................................... 4,243 15,243 4,243 ........... 15,243
NCCS ASHORE.................................. 6,264 56,364 6,264 ........... 51,364
SHIPBOARD TACTICAL COMMUNICATIONS............ 8,779 13,279 8,779 ........... 11,004
SUBMARINE COMMUNICATIONS EQUIPMENT........... 29,430 26,030 29,430 ........... 26,030
SATCOM SHIP TERMINALS (SPACE)................ 115,837 115,837 145,837 ........... 140,837
SATCOM SHORE TERMINALS (SPACE)............... 24,653 24,653 29,653 ........... 29,653
AN/SSQ-62 (DICASS)........................... 22,704 34,904 29,704 ........... 31,904
SSQ-53E...................................... ........... 31,800 18,000 ........... 16,000
RAM GMLS..................................... 50,765 45,465 50,765 ........... 45,465
SHIP SELF DEFENSE SYSTEM..................... 21,049 19,649 21,049 ........... 19,649
AEGIS SUPPORT EQUIPMENT...................... 30,398 33,398 30,398 ........... 33,398
ANTI-SHIP MISSILE DECOY SYSTEM............... 15,109 15,109 24,109 ........... 24,109
PREDATOR UAV (DARP).......................... ........... ........... 65,791 ........... 115,791
PIONEER UAV (DARP)........................... ........... ........... ........... ........... 25,567
TACTICAL UAV................................. ........... ........... 12,588 ........... ...........
FLEET MINE SUPPORT EQUIPMENT................. 5,430 5,430 7,630 ........... 5,430
AMPHIBIOUS EQUIPMENT......................... 3,183 11,683 8,183 ........... 10,000
COMMAND SUPPORT EQUIPMENT.................... ........... 25,000 ........... ........... 25,000
----------------------------------------------------------------------------------------------------------------
id systems
The conferees agree to provide $14,000,000 for the
Shipboard Advanced Radar Target Identification System (SARTIS)
program which assists ships in the identification of unknown
aircraft.
navy tactical data system
The conferees agree to provide an increase of $12,000,000
to the budget request. These funds shall be used only to
procure low-cost emulator systems for land-based sites such as
the fleet test and training ranges and the AEGIS training
center.
strategic platform support equipment
The conferees have provided $28,000,000 for procurement
and installation of off-the-shelf integrated ship control
systems for surface combatants. The conferees direct the
Department of the Navy to fully compete any procurement.
shipboard tactical communications
The conferees agree to provide $11,004,000 for shipboard
tactical communications. The additional funds are for the
procurement and installation of communication systems on
aircraft carriers. The conferees agree that the procurement of
the communication system is to be a full and open competition.
Furthermore, the conferees direct the Navy to execute fiscal
year 1996 funds appropriated for shipboard tactical
communications as specified in the Statement of the Managers
for that year.
predator unmanned aerial vehicle system
The conferees agree with the House recommendation to
provide an additional $50,000,000 only for the procurement of
additional Predator UAV systems. The conferees fully support
the Joint Chiefs of Staff requirement for sixteen systems. The
UAV Joint Program Office has a contract in place that was
developed for interim production which will be used as the
basis for full production.
The Predator system concept of operations was developed
by the Combatant Commander, CINCUSACOM, using a Forward Control
Element (FCE) concept. The conferees have no objection to the
Services operating and maintaining the Predator System for
joint use as long as the FCE concept is maintained.
Procurement, Marine Corps
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conferences
----------------------------------------------------------------------------------------------------------------
PROCUREMENT, MARINE CORPS:
5.56 MM, ALL TYPES........................... 20,425 ........... 25,425 ........... ...........
7.62 MM, ALL TYPES........................... 6,493 ........... 11,493 ........... ...........
.50 CALIBER.................................. 6,052 ........... 6,052 ........... ...........
40 MM, ALL TYPES............................. 3,210 ........... 3,210 ........... ...........
60 MM HE M888................................ 5,127 ........... 5,127 ........... ...........
81 MM HE..................................... 1,731 ........... 1,731 ........... ...........
81 MM SMOKE SCREEN........................... 2,573 ........... 2,573 ........... ...........
120MM TPCSDS-T M865.......................... 2,545 ........... 2,545 ........... ...........
120 MM TP-T M831............................. 1,723 ........... 1,723 ........... ...........
155MM CHG. PROP. RED BAG..................... ........... ........... 20,000 ........... ...........
155MM D864, BASE BLEED....................... ........... ........... 40,000 ........... ...........
FUZE, ET, XM 762............................. ........... ........... 25,000 ........... ...........
CTG 25MM, ALL TYPES.......................... 4,807 ........... 4,807 ........... ...........
9 MM ALL TYPES............................... 2,793 ........... 2,793 ........... ...........
GRENADES, ALL TYPES.......................... 686 ........... 686 ........... ...........
AMMO MODERNIZATION........................... 9,118 ........... 9,118 ........... ...........
ITEMS LESS THAN $2 MIL....................... 1,601 ........... 1,601 ........... ...........
AAWS-MEDIUM.................................. 28,214 48,214 38,214 ........... 38,214
AN/TPQ-36 FIRE FINDER RADAR UPGRADE.......... 30,380 34,180 30,380 ........... 34,180
INTELLIGENCE SUPPORT EQUIPMENT............... 26,372 40,572 26,372 ........... 32,172
MOD KITS (INTEL)............................. 11,955 13,080 11,955 ........... 13,080
ITEMS LESS THAN $2M (INTELL)................. ........... 425 ........... ........... 425
MANEUVER C2 SYSTEMS.......................... 7,592 9,292 7,592 ........... 7,592
TELE/COMM INFRASTRUCTURE TECH SUPP........... 53,616 72,416 53,616 ........... 63,616
TRAILERS..................................... 2,426 30,726 2,426 ........... 16,726
TRAINING DEVICES............................. 10,846 59,846 10,846 ........... 47,846
----------------------------------------------------------------------------------------------------------------
Aircraft Procurement, Air Force
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, AIR FORCE:
B-1B (MYP)................................... 16,597 16,597 13,497 ........... 13,497
B-2A (MYP)................................... 105,089 105,089 91,389 ........... 91,389
F-15A........................................ 185,442 504,842 149,042 6 275,442
F-16 C/D (MYP)............................... 105,500 105,500 212,900 6 154,900
F-22 PREPRODUCTION AIRCRAFT.................. ........... ........... 81,338 ........... 81,338
C-17 (MYP)................................... 1,919,305 2,194,305 1,902,605 8 1,902,605
C-17 (MYP) (AP-CY)........................... 223,500 263,500 212,000 ........... 212,000
C/WC-130J.................................... 62,890 62,890 267,390 1 62,890
WC-130....................................... ........... 209,200 ........... 3 165,900
EC-13OJ...................................... ........... 104,900 ........... 1 70,500
JPATS........................................ 67,135 82,235 67,135 12 67,135
C-20A........................................ 113,805 99,305 100,105 2 99,305
E-8B......................................... 417,784 417,784 627,784 2 417,784
E-8B (AP-CY)................................. 111,116 111,116 111,116 ........... 141,116
B-2A......................................... 6,106 59,106 6,106 ........... 6,106
B-1B......................................... 84,408 166,408 156,408 ........... 136,408
B-52......................................... 8,782 8,782 8,782 ........... 20,282
F-15......................................... 179,318 156,318 179,318 ........... 159,018
F-16......................................... 135,906 129,906 140,906 ........... 133,906
C-5.......................................... 54,921 54,921 53,163 ........... 54,921
C-130........................................ 96,353 97,853 96,353 ........... 105,453
C-135........................................ 137,082 137,082 137,082 ........... 185,082
E-3.......................................... 287,920 266,420 287,920 ........... 266,420
OTHER AIRCRAFT............................... 14,871 36,071 35,192 ........... 35,192
GPS/FDR...................................... ........... 139,200 ........... ........... ...........
PASSENGER SAFETY MODIFICATIONS............... ........... ........... 82,000 ........... 82,000
AIRBORNE RECONNAISSANCE (MANNED)............. ........... ........... 268,066 ........... 279,786
DARP......................................... 66,186 409,186 ........... ........... ...........
SPARES AND REPAIR PARTS...................... 314,745 308,745 329,845 ........... 170,807
COMMON AGE................................... 176,422 176,422 160,243 ........... 160,243
F-15 POST PRODUCTION SUPPORT................. 11,080 3,980 11,080 ........... 7,500
F-16 POST PRODUCTION SUPPORT................. 81,562 51,562 70,908 ........... 66,652
MISC PRODUCTION CHARGES...................... 210,654 210,654 185,948 ........... 194,654
DARP......................................... 150,742 150,742 ........... ........... ...........
AIRBORNE RECONNAISSANCE SUPPORT (DARP)....... ........... ........... 150,742 ........... 150,742
----------------------------------------------------------------------------------------------------------------
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
F-15A........................................... 185,442 504,842 149,042 275,442
Additional aircraft......................... .............. +319,400 .............. +120,000
Excess Lantirn funds........................ .............. .............. -36,400 -30,000
EC-130J......................................... .............. 104,900 .............. 70,500
Aircraft.................................... .............. .............. .............. +47,400
Support..................................... .............. .............. .............. +5,000
EC modifications............................ .............. .............. .............. +18,100
E-8B (AP-CY).................................... 111,116 111,116 111,116 141,116
[Note: Conferees have added $30,000,000 for
advance procurement for the JSTARS aircraft
to permit the Air Force to buy three such
platforms in fiscal year 1998.]
B-1B............................................ 84,408 166,408 156,408 136,408
Bomb modules................................ .............. +57,000 +57,000 +32,000
BVUD-GAM/JDAM............................... .............. +25,000 .............. +20,000
BVUD........................................ .............. .............. +15,000 ..............
[Note: Conferees agree with House direction
and reporting requirements with regard to
BVUD-GAM/JDAM.]
B-52............................................ 8,782 8,782 8,782 20,282
Attrition aircraft mods..................... .............. .............. .............. +11,500
F-15............................................ 179,318 156,318 179,318 159,018
APG-63/MIDS................................. .............. -70,000 .............. ..............
Engine upgrade.............................. .............. +47,000 .............. +23,500
APG-63...................................... .............. .............. .............. -18,000
MIDS........................................ .............. .............. .............. -25,800
F-16............................................ 135,906 129,906 140,906 133,906
Excess prior year funds..................... .............. -6,000 .............. -6,000
600 gallon fuel tank........................ .............. .............. +5,000 +4,000
C-130........................................... 96,353 97,853 96,353 105,453
TIBS........................................ .............. +4,100 .............. +4,100
PACER COIN spares........................... .............. -2,600 .............. ..............
National Guard ski-equipped C-130........... .............. .............. .............. +5,000
[Note: Funds provided for APN 241 Low Power
Color Radar, Electronic Flight
Instrumentation, and satellite
communications as addressed on page 141 of
House report.]
----------------------------------------------------------------------------------------------------------------
ec-130j
The conferees agree to provide $70,500,000 for one EC-
130J for the Air National Guard to be used for Special/
Psychological operations.
B-52 modifications
The conferees agree to provide $11,500,000 for
modifications to the B-52 bomber attrition reserve aircraft.
These funds are made available to enable the Air Force to
procure standard modifications and upgrades to permit these
aircraft to operate in combat.
b-52 reengining
The conferees understand that the potential exists to
save funds and increase the operational effectiveness of the B-
52 fleet by installing new engines on the aircraft.
The conferees direct the Office of the Secretary of
Defense (OSD) and the Air Force to examine the costs (annual,
total, and life-cycle), technical risks, schedule, cost
savings, and procurement policy implications of leasing new
engines for the B-52 fleet compared with: (1) the current plan
to maintain the current engines, and (2) an alternative that
would purchase new engines. The detailed results of this
examination shall be submitted to the congressional defense
committees not later than March 15, 1997.
The conferees direct the Air Force to consult with the
Committees on Appropriations well in advance of selecting an
acquisition strategy involving the leasing of engines. Should
OSD and the Air Force conclude that the benefits of the leasing
strategy are significant, the conferees encourage them to
initiate action as soon as possible to accomplish that
strategy.
f-16 advanced identification friend/foe
The conferees direct the Secretary of the Air Force to
submit a report not later than April 15, 1997, which compares
the costs, advantages, and disadvantages of acquiring Advanced
Identification Friend/Foe (AIFF) capability for aircraft. The
report should also contain a procurement strategy for such an
acquisition.
ef-111a aircraft
The conferees agree with the Senate's position with
respect to maintaining EF-111A electronic warfare aircraft
force structure.
rc-135 rivet joint
The conferees recognize the importance of a robust Rivet
Joint program and have increased funds to obtain two aircraft,
re-engine four aircraft and perform sensor upgrades on the
fleet.
Missile Procurement, Air Force
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
MISSILE PROCUREMENT, AIR FORCE:
MISSILE REPLACEMENT EQ-BALLISTIC........................ 8,300 8,800 8,300 ........ 8,800
HAVE NAP................................................ ........ 20,000 39,900 ........ 34,900
AMRAAM.................................................. 116,299 116,899 116,299 133 116,299
AGM-130 POWERED GBU-15.................................. ........ 40,000 40,000 ........ 35,000
CONVENTIONAL ALCM....................................... ........ 15,000 ........ ........ 15,000
MM III MODIFICATIONS.................................... 72,752 78,052 72,752 ........ 78,052
GLOBAL POSITIONING (MYP) SPACE.......................... 171,135 181,235 171,135 3 171,135
SPACE BOOSTERS SPACE.................................... 489,606 405,806 388,306 ........ 432,606
MEDIUM LAUNCH VEHICLE SPACE............................. 135,361 131,361 135,361 3 135,361
MEDIUM LAUNCH VEHICLE SPACE (AP-CY)..................... 40,238 30,538 40,238 ........ 40,238
DEFENSE SUPPORT PROGRAM (MYP) SPACE..................... 70,967 45,967 70,967 ........ 70,967
DEFENSE SATELLITE COMM SYSTEM SPACE..................... 22,729 25,529 22,729 ........ 25,529
SPECIAL UPDATE PROGRAMS................................. 301,368 301,368 251,535 ........ 259,535
SPECIAL PROGRAMS........................................ 774,800 604,000 803,900 ........ 618,500
2.75 INCH ROCKET MOTOR.................................. 10,126 ........ 10,126 ........ ..........
2.75" ROCKET HEAD SIGNATURE............................. 1,795 ........ 1,795 ........ ..........
ITEMS LESS THAN $2,000,000.............................. 50 ........ 50 ........ ..........
5.56 MM................................................. 7,653 ........ 7,653 ........ ..........
20MM TRAINING........................................... 2,404 ........ 2,404 ........ ..........
30 MM TRAINING.......................................... 3,160 ........ 3,160 ........ ..........
CARTRIDGE CHAFF RR-188.................................. 1,191 ........ 1,191 ........ ..........
ITEMS LESS THAN $2,000,000.............................. 4,524 ........ 4,524 ........ ..........
MK-82 INERT/BDU-50...................................... 6,430 ........ 6,430 ........ ..........
GBU-28 HARD TARGET PENETRATOR........................... 18,417 ........ 18,417 ........ ..........
BOMB PRACTICE 25 POUND.................................. 2,978 ........ 2,978 ........ ..........
MK-84 BOMB-EMPTY........................................ 3,594 ........ 3,594 ........ ..........
SENSOR FUZED WEAPON..................................... 131,146 ........ 156,146 ........ ..........
TTU-373A DIGITAL TEST SET............................... 5,050 ........ 5,050 ........ ..........
ITEMS LESS THAN $2,000,000.............................. 50 ........ 50 ........ ..........
ITEMS LESS THAN $2,000,000.............................. 50 ........ 50 ........ ..........
FLARE, IR MJU-7B........................................ 20,018 ........ 20,018 ........ ..........
MJU-10B................................................. 12,730 ........ 12,730 ........ ..........
M-206 CARTRIDGE FLARE................................... 12,791 ........ 12,791 ........ ..........
INITIAL SPARES.......................................... 25 ........ 25 ........ ..........
REPLENISHMENT SPARES.................................... 2,201 ........ 2,201 ........ ..........
MODIFICATIONS........................................... 650 ........ 650 ........ ..........
ITEMS LESS THAN $2,000,000.............................. 3,544 ........ 3,544 ........ ..........
JOINT PROGRAMMABLE FUSE (JPF)........................... 4,125 4,125 4,125 ........ ..........
HARD TARGET SMART FUZES................................. ........ ........ 2,000 ........ ..........
M-16 A2 RIFLE........................................... 15,524 15,524 15,524 ........ ..........
9MM COMPACT PISTOL...................................... 73 73 73 ........ ..........
----------------------------------------------------------------------------------------------------------------
Procurement of Ammunition, Air Force
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
PROCUREMENT OF AMMUNITION, AIR FORCE:
2.75 INCH ROCKET MOTOR.......................... .......... 10,126 .......... 25,392 10,126
2.75'' ROCKET HEAD SIGNATURE.................... .......... 1,795 .......... 25,360 1,795
ITEMS LESS THAN $2,000,000...................... .......... 50 .......... .......... 50
5.56 MM......................................... .......... 7,653 .......... 18,951 7,653
20MM TRAINING................................... .......... 2,404 .......... 435 2,404
30 MM TRAINING.................................. .......... 3,160 .......... 399 3,160
CARTRIDGE CHAFF RR-188.......................... .......... 1,191 .......... 507 1,191
ITEMS LESS THAN $2,000,000...................... .......... 4,524 .......... .......... 4,524
MK-82 INERT/BDU-50.............................. .......... 6,430 .......... 12,750 6,430
GBU-28 HARD TARGET PENETRATOR................... .......... 18,417 .......... 161 18,417
BOMB PRACTICE 25 POUND.......................... .......... 2,978 .......... 200,000 2,978
MK-84 BOMB-EMPTY................................ .......... 3,594 .......... 1,500 3,594
SENSOR FUZED WEAPON............................. .......... 152,746 .......... .......... 152,000
TTU-373A DIGITAL TEST SET....................... .......... 5,050 .......... 13 5,050
ITEMS LESS THAN $2,000,000...................... .......... 50 .......... .......... 50
ITEMS LESS THAN $2,000,000...................... .......... 50 .......... .......... 50
FLARE, IR MJU-7B................................ .......... 20,018 .......... 878,340 20,018
MJU-10B......................................... .......... 12,730 .......... 209,472 12,730
M-206 CARTRIDGE FLARE........................... .......... 12,791 .......... .......... 12,791
INITIAL SPARES.................................. .......... 25 .......... .......... 25
REPLENISHMENT SPARES............................ .......... 2,201 .......... .......... 2,201
MODIFICATIONS................................... .......... 650 .......... .......... 650
ITEMS LESS THAN $2,000,000...................... .......... 3,544 .......... .......... 3,544
JOINT PROGRAMMABLE FUSE (JFF)................... .......... .......... .......... 324 4,125
HARD TARGET SMART FUSES......................... .......... .......... .......... .......... 2,000
M-16 A2 RIFLE................................... .......... .......... .......... .......... 15,524
9MM COMPACT PISTOL.............................. .......... .......... .......... 131 73
----------------------------------------------------------------------------------------------------------------
Other Procurement, Air Force
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
OTHER PROCUREMENT, AIR FORCE:
VEHICLE REPLACEMENT............................. .......... .......... 25,000 .......... 10,000
60K A/C LOADER.................................. 40,296 63,396 63,396 .......... ..........
INTELLIGENCE DATA HANDLING SYS.................. 14,009 14,009 20,309 .......... 14,009
WEATHER OBSERV/FORCAST.......................... 13,944 17,944 13,944 .......... 17,944
AUTOMATIC DATA PROCESSING EQUIP................. 17,791 17,791 17,791 .......... 28,732
MOBILITY COMMAND AND CONTROL.................... 4,605 4,605 4,605 .......... 5,964
BASE LEVEL DATA AUTO PROGRAM.................... 22,385 38,185 22,385 .......... 22,385
INFORMATION TRANSMISSION SYSTEMS................ .......... .......... .......... .......... 13,195
BASE INFORMATION INFRASTRUCTURE................. 125,741 115,741 125,741 .......... 115,741
USCENTCOM....................................... 2,298 2,298 2,298 .......... 3,482
SPACE BASED IR SENSOR PROG SPACE................ 25,939 25,939 .......... .......... ..........
TACTICAL C-E EQUIPMENT.......................... 24,075 24,075 74,075 .......... 64,075
RADIO EQUIPMENT................................. 9,174 9,174 9,174 .......... 10,779
BASE PROCURED EQUIPMENT......................... .......... .......... .......... .......... 5,994
PALLET AIR CARGO................................ 3,562 3,562 8,562 4,000 8,562
PRODUCTIVITY INVESTMENTS........................ .......... .......... .......... .......... 17,490
INTELLIGENCE PRODUCTION ACTIVITY................ 64,977 76,997 64,377 .......... 64,377
DARP............................................ 77,074 77,074 .......... .......... ..........
AIRBORNE RECONNAISSANCE PROJECTS (DARP)......... .......... .......... 77,074 .......... 77,074
COMMON IMAGERY GROUND SURFACE SYSTEM (CIGSS).... .......... .......... 90,988 .......... ..........
SELECTED ACTIVITIES............................. 4,661,580 4,758,580 4,066,752 .......... 4,573,561
SPECIAL UPDATE PROGRAM.......................... 176,455 113,255 175,402 .......... 175,402
----------------------------------------------------------------------------------------------------------------
Investment Threshold Transfer
At the request of the Air Force, the conferees have
transferred $51,768,000 of Operation and Maintenance funds to
the Other Procurement lines identified in the following table.
The Air Force erroneously requested these funds in Operation
and Maintenance because of an incorrect assumption that the
$100,000 procurement threshold limitation would not be included
in the President's fiscal year 1997 budget request. Since the
budget request did include the threshold limitation and
Congress still supports the $100,000 threshold, the Air Force
needs a zero sum transfer between these two accounts.
[Dollars in thousands]
------------------------------------------------------------------------
P-1 line Title
------------------------------------------------------------------------
49................................. Automatic Data 10,941
Processing Equipment.
51................................. Mobility Command and 1,359
Control.
57................................. Information 13,195
Transmission Systems.
59................................. USCENTCOM............. 1,184
74................................. Radio Equipment (Air 620
Force).
74................................. Radio Equipment (Air 694
National Guard).
74................................. Radio Equipment (Civil 291
Air Patrol).
96................................. Base Procured 5,994
Equipment.
107................................ Productivity 17,490
Investment.
------------------------------------
Total Transfer.. 51,768
------------------------------------------------------------------------
60k a/c loaders
The conferees have recently learned of the failure of the
60K A/C Loader program to pass Initial Operational Test and
Evaluation testing. While remaining very supportive of the
program, the conferees have denied the funding request for
fiscal year 1997 in light of this test failure. The conferees
note that unobligated funds from previous years remain
available to execute this program upon successful completion of
operational testing.
Tactical C-E Equipment
The conferees agree to provide $64,075,000 for the
procurement of tactical communication and electronic equipment,
an increase of $40,000,000 above the budget request. The
conferees direct that of the additional funds provided,
$25,000,000 shall be expended only for the procurement of
theater deployable communication packages for Air National
Guard units.
Procurement, Defense-Wide
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
PROCUREMENT, DEFENSE-WIDE:
MAJOR EQUIPMENT, OSD.................................... 136,218 219,718 136,218 ........ 186,218
HIGH SECURITY LOCKS..................................... ........ ........ 20,000 ........ ..........
COMMON DISSEM & GROUND STATION SYSTEMS (DARP)........... 168,867 248,867 ........ ........ 93,011
CORPORATE INFORMATION MANAGEMENT........................ ........ ........ 5,000 ........ ..........
INFORMATION RESOURCES MANAGEMENT........................ ........ 35,000 ........ ........ 20,000
CLASSIFIED EQUIPMENT.................................... ........ ........ 23,746 ........ ..........
DEFENSE AIRBORNE RECONNAISSANCE PROGRAM................. 13,746 13,746 ........ ........ 13,746
INFORMATION SYSTEMS SECURITY............................ 17,136 43,136 17,136 ........ 30,136
AUTOMATIC DOCUMENT CONVERSION SYSTEM.................... ........ 38,800 ........ ........ 10,000
C-130 MODIFICATIONS..................................... 86,677 104,777 110,477 ........ 104,577
PC, CYCLONE CLASS....................................... ........ ........ ........ ........ 6,000
AMMUNITION PROGRAMS:
SELECTABLE LIGHTWEIGHT ATTACK MUNITION (SLAM)........... ........ 1,500 5,000 ........ 3,000
TIMES RELAY FIRING DEVICES.............................. ........ ........ 8,000 ........ 4,000
OTHER PROCUREMENT PROGRAMS:
MARITIME EQUIPMENT MODIFICATIONS........................ 4,833 4,833 4,833 ........ 10,833
COMM EQUIPMENT & ELECTRONICS............................ 26,617 26,617 39,617 ........ 36.017
SOF INTELLIGENCE SYSTEMS................................ 19,833 19,833 24,333 ........ 20,833
SPECIAL WARFARE EQUIPMENT............................... 5,030 5,030 579 ........ 579
MISCELLANEOUS EQUIPMENT................................. 3,030 3,030 15,230 ........ 15,230
ADVANCED SEAL DELIVERY SYSTEM (ASDS).................... ........ 2,800 4,400 ........ 4,400
CHEMICAL/BIOLOGICAL DEFENSE:
CBDP--INDIVIDUAL PROTECTION............................. 53,785 140,085 53,785 ........ 93,785
JOINT BIO DEFENSE PROGRAM............................... 60,619 60,619 60,619 ........ 53,219
CLASSIFIED PROGRAMS..................................... 399,638 434,239 399,638 ........ 427,238
----------------------------------------------------------------------------------------------------------------
explanation of project level adjustments
[In thousands]
------------------------------------------------------------------------
Budget House Senate Conference
------------------------------------------------------------------------
Major Equipment, OSD.......... 136,218 219,718 136,218 186,218
Enhanced strategic
mobility................. ........ 25,000 ........ 10,000
Natural gas vehicles...... ........ 10,000 ........ 10,000
Mentor protege program.... ........ 10,000 ........ 10,000
Army high performance
computing research ctr.
(AHPCRC)................. ........ 38,500 ........ 20,000
Special Operations Command
Aviation programs
C-130 Modifications....... 86,777 104,777 110,477 104,577
Modification of 2 EC-130J
for Air National Guard... ........ 18,100 ........ ..........
Special operations mode... ........ ........ 23,800 17,900
Shipbuilding
PC Cyclone Class GFE...... ........ ........ ........ 6,000
Ammunition programs
Selectable Lightweight
Attack Munition (SLAM)... ........ 1,500 5,000 3,000
Times Relay Firing Devices ........ ........ 8,000 4,000
Other Procurement
Maritime Equipment Mods 4,833 4,833 4,833 10,833
PC-Cyclone self
defense weapons
upgrades [Note: The
Conferees direct that
$6,000,000 is
available only for PC-
Cyclone self defense
weapons upgrades.]... ........ ........ ........ 6,000
Miscellaneous Equipment....... 3,030 3,030 15,230 15,230
Wireless intercom systems. ........ ........ 4,100 4,100
Active noise reduction for
fixed wing assets........ ........ ........ 6,600 6,600
Body armor................ ........ ........ 1,500 1,500
------------------------------------------------------------------------
chemical and biological defense programs
individual protection
The conferees reiterate the concerns raised in the House
report about long-standing and continuing shortages of chemical
and biological defense equipment, including such basic items as
protective suits. The conferees note that the GAO has
criticized the Assistant Secretary of Defense (Atomic Energy)
(Chemical and Biological Matters) for failure to deliver timely
work products that prioritize chemical and biological defense
research efforts and modernization plans. The conferees urge
the Secretary to take appropriate steps to expedite necessary
actions. The conference agreement provides an increase of
$40,000,000 only for the purchase of improved protective suits
to meet identified shortfalls. These funds shall be used to
purchase additional Joint Service Lightweight Integrated Suits
(JSLIST) beyond the number of units budgeted in fiscal year
1997. The conferees stress that the JSLIST program should not
be structured as a static program in which further improvements
in fabric or garment technologies cannot be incorporated into
near term follow-on procurements. The conferees fully support
actions to expedite the evaluation of recently developed fabric
and garment technologies and expected that the JSLIST program
will be able to swiftly accommodate such improvements.
defense airborne reconnaissance program
The conferees agree that airborne reconnaissance programs
should be coordinated with the Defense Airborne Reconnaissance
Office, but remain concerned that inconsistencies exist in the
way procurement funds are aligned between service and defense-
wide accounts. Therefore, the conferees concur with the Senate
position to transfer the funding for procurement programs to
the Service accounts, while maintaining their identities under
the DARP. Program management shall remain within the Services;
however, consultation with the Defense Airborne Reconnaissance
Office is required prior to making significant changes to
existing programs.
National Guard and Reserve Equipment
The conferees agree to provide $780,000,000 for National
Guard and Reserve Equipment and Aircraft.
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
NATIONAL GUARD & RESERVE EQUIPMENT:
RESERVE EQUIPMENT:
ARMY RESERVE:
MISCELLANEOUS EQUIPMENT............................. --- 10,000 110,000 -- 115,000
NEW PROCUREMENT 2.5/5 TON TRUCKS.................... --- 15,000 --- -- ---
TACTICAL TRUCK SLEP 2.5 TON......................... --- 15,000 --- -- ---
HEMTT BRIDGE TRANS.................................. --- 9,000 --- -- ---
DUMP TRUCKS 20 TON.................................. --- 10,000 --- -- ---
WATER PURIFICATION UNITS............................ --- 4,000 --- -- ---
PORTABLE LIGHTING SYS W/TRAILERS.................... --- 4,000 --- -- ---
AUTOMATIC BUILDING MACHINES......................... --- 3,000 --- -- ---
HMMVW CONTACT MAINT TRUCK........................... --- 6,000 --- -- ---
ALL-TERRAIN FORKLIFT 10 TON......................... --- 4,000 --- -- ---
ALL-TERRAIN CRANE 20 TON............................ --- 4,000 --- -- ---
HYDRAULIC EXCAVATOR................................. --- 3,000 --- -- ---
HEMTT WRECKER....................................... --- 7,000 --- -- ---
MK-19 40MM GRENADE LAUNCHERS........................ --- 3,000 --- -- ---
STEAM CLEANER....................................... --- 2,000 --- -- ---
SMALL ARMS SIMULATORS............................... --- 1,000 --- -- ---
UNIT LEVEL LOGISTICS SYSTEM......................... --- 2,000 --- -- ---
PALLETIZED TRAILERS................................. --- 2,000 --- -- ---
HEMTT CARGO CHASSIS................................. --- 4,000 --- -- ---
ANGRS-231........................................... --- 2,000 --- -- ---
LASER LEVELING SYSTEMS.............................. --- 3,000 --- -- ---
NAVY RESERVE:
MISCELLANEOUS EQUIPMENT............................. --- 5,000 30,000 -- 10,000
C-9 REPLACEMENT AIRCRAFT............................ --- 160,000 --- 3 120,000
MAGIC LANTERN SPARES................................ --- 5,000 --- -- ---
P-3 MODERNIZATION................................... --- 72,000 --- -- 72,000
MARINE CORPS RESERVE:
MISCELLANEOUS EQUIPMENT............................. --- 10,000 40,000 -- 40,000
LAV IMPROVEMENTS.................................... --- 2,000 --- -- ---
CH-53 HELICOPTERS................................... --- 64,000 --- 2 64,000
AAV7A1 MODIFICATIONS................................ --- 2,000 --- -- ---
NIGHT VISION EQUIPMENT.............................. --- 1,000 --- -- ---
COMMON END USER COMPUTERS........................... --- 4,000 --- -- ---
FORK LIFTS.......................................... --- 1,000 --- -- ---
M1A1 TANK MOD KITS.................................. --- 5,000 --- -- ---
AN/TPS-59........................................... --- 11,000 --- -- ---
AIR FORCE RESERVE:
MISCELLANEOUS EQUIPMENT............................. --- 10,000 50,000 -- 40,000
F-16 AVIONICS UPGRADES.............................. --- 5,000 --- -- ---
NIGHT VISION DEVICES................................ --- 3,000 --- -- ---
A-10 AVIONICS UPGRADES.............................. --- 7,000 --- -- ---
C-130 AVIONICS UPGRADES............................. --- 7,000 --- -- ---
HC-130P TANKER CONVERSION........................... --- 3,000 --- -- ---
C-130 MODULAR AIRBORNE FIREFIGHTING SYS............. --- 1,000 --- -- ---
F-16 WEAPONS PYLON UPGRADES......................... --- 1,000 --- -- ---
KC-135R ENGINE KITS................................. --- 96,000 --- -- ---
KC-135 RADAR REPLACEMENT............................ --- 5,000 --- -- ---
B-52 AVIONICS UPGRADE............................... --- 1,000 --- -- ---
NON-AIRCREW TRAINING SYSTEMS........................ --- 1,000 --- -- ---
EPLRS/SADL.......................................... --- 8,000 --- -- ---
NATIONAL GUARD EQUIPMENT:
ARMY NATIONAL GUARD:
MISCELLANEOUS EQUIPMENT............................. --- 10,000 125,400 -- 100,000
NEW PROCUREMENT TACTICAL TRUCK 5 TON................ --- 4,000 --- -- ---
SLEP 2.5 TON........................................ --- 15,000 --- -- ---
SLEP 5 TON.......................................... --- 4,000 --- -- ---
CRASHWORTHY INTERNAL FUEL CELLS..................... --- 5,000 --- -- ---
AH-1 BORE SIGHTING DEVICE........................... --- 3,000 --- -- ---
COOLANT PURIFICATION SYSTEM......................... --- 3,000 --- -- ---
AVENGER I-COFT SIMULATOR............................ --- 4,000 --- -- ---
WATER PURIFICATION UNITS............................ --- 1,000 --- -- ---
NIGHT VISION EQUIPMENT.............................. --- 10,000 --- -- ---
FADEC............................................... --- 10,000 --- -- ---
DIGITAL SYSTEM TEST AND TRAINING SIMULATOR.......... --- 3,000 --- -- ---
AUTOMATIC BUILDING MACHINES......................... --- 1,000 --- -- ---
AH-1 C-NITE......................................... --- 2,000 --- -- ---
DUMP TRUCK 20 TONS.................................. --- 3,000 --- -- ---
HELICOPTER SIMULATORS (ARMS)........................ --- 15,000 --- -- ---
DRAGON MODIFICATIONS................................ --- 2,000 --- -- ---
VIBRATION MANAGEMENT ENHANCEMENT PROGRAM............ --- 3,000 --- -- ---
DISTANCE LEARNING EQUIPMENT......................... --- 29,000 --- -- ---
LASER LEVELING EQUIPMENT............................ --- 5,000 --- -- ---
AUTOMATIC IDENTIFICATION TECHNOLOGY................. --- 7,000 --- -- ---
AIR NATIONAL GUARD:
MISCELLANEOUS EQUIPMENT............................. --- 5,000 40,000 -- 10,000
C-130J.............................................. --- 105,000 --- 4 209,000
AUTOMATIC BUILDING MACHINES......................... --- 2,000 --- -- ---
F-16 IMPROVED AVIONICS INTERMEDIATE SHOP............ --- 15,000 --- -- ---
F-16 HTS............................................ --- 10,000 --- -- ---
AN/TLQ-32 RADAR DECOYS.............................. --- 3,000 --- -- ---
C-130 UPGRADES...................................... --- 5,000 --- -- ---
EPLRS/SADL.......................................... --- 17,000 --- -- ---
MODULAR MEDICAL TRAUMA UNIT......................... --- 4,000 --- -- ---
DOD:
MISC EQUIPMENT (GUARD & RESERVE AIRCRAFT):
C-130J.............................................. --- --- 284,000 -- ---
C-9B REPLACEMENT.................................... --- --- 80,000 -- ---
----------------------------------------------------------------------------------------------------------------
miscellaneous equipment
The conferees agree that each of the Chiefs of the
Reserve and National Guard components should exercise control
of modernization funds provided in this account. The conferees
further agree that separate submissions of a detailed
assessment of its modernization priorities by each of the Guard
and Reserve component commanders is required to be submitted to
the defense committees. The conferees expect the component
commanders to give special consideration to the following
items: Pacer Coin modifications, automatic identification
technologies (AIT), FFG-7 command and control upgrade, UH-1/UH-
60 medical evac helicopters rescue hoist, automatic building
machines, M-915/916 heavy dump trucks, 5-ton flatbed trailers,
M-913/927 extended range 105 mm projectiles, SQQ-T1 trainer
aircraft, F-16 improved avionics intermediate shop (IAIS),
small arms simulators, UH-60Q helicopter upgrades, night vision
devices and drivers' night viewers, CH-47 FADEC, UH-1 FADEC,
AH-1 FADEC, Army National Guard external auxiliary fuel tanks,
modular airborne firefighting systems, high mobility
multipurpose wheeled vehicles, heavy equipment transport
system, M-9 armored combat earthmovers, field artillery
ammunition support vehicles, AH-1F multiplatform boresight
equipment for the Army National Guard, AH-64 mission simulator
for the Army National Guard, SINCGARS, Medium Truck Extended
Service Program, M-109A6 Paladin, C-23 Sherpa enhancement
program for the Army National Guard, F-16 air combat maneuver
instrumentation global positioning system, untethered training
pods for the Air National Guard, C-26 aircraft for the Air
National Guard, Air Force Reserve C-20 aircraft, F-16 HARM
targeting pods, launchers, test and support equipment, HARM
upgrades for the Air National Guard, E-kit engine upgrades for
Air National Guard F-15 aircraft, high capacity air ambulance
modular systems for Air National Guard C-130 aircraft, F-16
litening night strike targeting pod system, M-109A5 howitzer
upgrade, heavy equipment transport system (HETS), M-1A2 tanks,
total asset visibility hardware and software, fuzz suppression
chip detector system mods, laser leveling systems, crashworthy
internal fuel cells, coolant purification systems, digital
system test and training simulators, AH-1 C-NITE,
Reconfigurable Aviation Simulators, Vibration Management
Enhancement Program, Distance Learning equipment, SEAD Mission
Upgrades, AN/TLQ-32 radar decoys, EPLRS/SADL, Mini Eyesafe
Laser Infrared Observation Sets, and Modular Medical Trauma
Units.
national guard and reserve aircraft
The conferees agree to provide $465,000,000 for the
acquisition and modernization of aircraft to support Reserve
and National Guard missions and agree that the following
aircraft shall be purchased and modified:
C-130J for the Air National Guard (4)................... $209,000,000
CH-53E for the Marine Corps Reserve (2)................. 64,000,000
C-9B replacement for the Navy Reserve (3)............... 120,000,000
P-3 modernization for the Navy Reserve.................. 72,000,000
C-26
The conferees direct the Department of Defense to
reprogram the $11,000,000 appropriated in fiscal year 1996 for
procurement of C-26 aircraft to the procurement of pods for
additional C-26 aircraft participating in National Guard
counter-drug activities.
reserve component future years defense program
The conferees direct the Secretary of Defense to submit
directly to the congressional defense committees the future
years defense plan for the National Guard and Reserve
Components. This submission should be provided at the same time
the President submits the annual budget to the Congress. This
requirement becomes effective with the fiscal year 1999 budget.
Information Resources Management
The conference agreement on items in conference follows:
[In thousands of dollars]
------------------------------------------------------------------------
House Senate Conference
------------------------------------------------------------------------
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
Corporate information management........ 50,000 0 0
SBIS.................................... -17,500 0 0
Acquisition efficiencies/management
reform................................. 0 0 -50,000
TNET.................................... 5,000 0 3,500
Operation and Maintenance, Navy
Corporate information management........ 50,000 0 0
Acquisition efficiencies/management
reform................................. 0 0 -50,000
CNET.................................... 0 0 1,000
Operation and Maintenance, Air Force
Corporate information management........ 50,000 0 ..........
REMIS................................... 5,500 8,500 8,500
TICARRS................................. 5,500 5,500 5,500
CAMS.................................... 0 1,000 1,000
Acquisition efficiencies/management
reform................................. 0 0 -50,000
Operation and Maintenance, Defense-
wide
Corporate information management........ 50,000 0 0
Software managers network............... 6,000 0 6,000
Year 2000 (transfer from procurement)... 0 0 5,000
Automated document conversion........... 0 0 10,000
Operation and Maintenance, Army
National Guard
Distance learning....................... 0 11,000 11,000
Operation and Maintenance, Navy
Reserve
NSIPS................................... 27,000 0 27,000
-------------------------------
Subtotal, O&M.........................; 231,500 26,000 -71,500
===============================
PROCUREMENT
Other Procurement, Army
SBIS.................................... -21,500 0 0
Distance learning....................... 0 29,000 24,000
Other Procurement, Navy
NSIPS................................... 25,000 0 25,000
Other Procurement, Air Force
Fuel automated management system........ 15,800 0 0
Procurement, Defense-wide
Automated document conversion........... 38,800 0 10,000
JSLC.................................... 35,000 0 20,000
Year 2000............................... ......... 5,000 0
-------------------------------
Subtotal procurement.................. 93,100 34,000 79,000
===============================
Grand total........................... 324,600 60,000 7,500
------------------------------------------------------------------------
overview
The Department of Defense requested $9,679,113,000 for
information resources management. The conferees agree to
provide $9,686,613,000, an increase of $7,500,000. The
conferees further agree to include a reduction of $150,000,000
in the service appropriations, to offset increases for high
paypack information system investments which in large part can
meet joint service requirements.
year 2000
The conferees note the potential difficulty facing the
Department of Defense in modifying computer hardware and
software to accommodate the year 2000 date problem. The
conferees believe that the Department needs to develop and/or
validate off-the-shelf software tools to facilitate the
conversion of affected computer code. The conferees agree to
provide $5,000,000 in budget activity 4 of the Operation and
Maintenance, Defense-Wide appropriation in the Office of the
Secretary of Defense line, only for purposes of validating
existing tools and methodologies and making them available to
system operators to address the year 2000 problem. The
conferees direct that the Assistant Secretary of Defense for
Command, Control, Communications and Intelligence provide a
report to the congressional defense committees not later than
May 1, 1997 on the Department's progress in addressing the year
2000 problem. The conferees encourage the Department to use
this opportunity to discontinue old application systems if they
are determined to be too costly to repair, and to replace them
with validated compliant code utilizing modular software
development techniques.
SUSTAINING BASE INFORMATION SYSTEM
The conferees agree to provide the budget request for the
Army's Sustaining Base Information System (SBIS), instead of
the reductions proposed by the House. This agreement is based
on assurances from the Army that in spite of the recent
decision to cancel further development of the system a number
of applications are ready for use by Army field activities and
the government would receive at least some benefit from its
$209,800,000 SBIS investment to date. The conferees agree to
provide these funds with the understanding that the completion
of the five applications currently under development, and the
fielding of applications, equipment, and all necessary training
will be the highest priority for fiscal years 1996 and 1997
appropriated funds. SBIS funds are not available for any other
purpose. Not later than May 1, 1997, the Department of the Army
shall provide the congressional defense committees a report
identifying all funding necessary for the sustainment of these
applications and equipment, and the identification (by
appropriation and line item) of funding in the fiscal year 1998
President's budget request for these requirements.
A decade ago, the Army had no master plan for automating
the administrative functions of its bases even though many of
these functions are similar, if not identical. At the time,
many audits showed Army commands each used their O&M; funds to
build unique information systems which were redundant with each
other and/or Army-wide systems. No organization in the Army
knew the totality of what was being developed, how it
interfaced with other systems, not how much was being spent.
The Army attempted to rectify this situation through
development of a standard system--SBIS--whose cost is estimated
to be $1,770,000,000. The Army deserves credit for facing head-
on the many challenges inherent in developing a comprehensive
national automated information system. Unfortunately, these
challenges apparently have overwhelmed the Army and led to the
recent decision to cancel the program. The conferees are
concerned that in abandoning SBIS, the Army once again has no
master plan for base level automation. The conferees note that
the Office of the Secretary of Defense shares some blame for
this, due to the decision years ago to exempt the services'
base level automation programs from the Corporate Information
Management initiative. The conferees direct the Secretary of
the Army to submit a base level automation master plan to the
congressional defense committees by May 1, 1997 and that no
operation and maintenance funds may be used by Army commands
for base level automation of functions that were included in
the SBIS program unless approved in advance in writing by the
Vice Chief of Staff of the Army.
AIR FORCE AUTOMATED MAINTENANCE SYSTEMS
The Air Force recently awarded a contract to initiate the
Integrated Maintenance Data System (IMDS) which will become its
objective maintenance data collection system. The conferees
support the language contained in the National Defense
Authorization Act for Fiscal Year 1997 to fund CAMS/REMIS and
TICARRS legacy systems through fiscal year 1997 should schedule
or technical uncertainties delay IMDS implementation.
AUTOMATED DOCUMENT CONVERSION
The conferees agree to provide a total of $20,000,000, of
which $10,000,000 is in operation and maintenance for
outsourcing bulk conversion services and $10,000,000 is in
procurement for procurement of document conversion systems.
NAVY STANDARD INTEGRATED PERSONNEL SYSTEM
The conferees generally support the recent Defense
Science Board (DSB) task force on military personnel
information management and its recommendations to develop and
implement a single all service, fully integrated objective
personnel and pay system. The conferees support the DSB
recommendation that DoD immediately address any funding
shortfalls in fiscal year 1997 and beyond for developing and
implementing the objective system. The objective system
development effort will be led by the office of the Under
Secretary of Defense for Personnel and Readiness USD(PR). The
DSB recommendations validate the Navy Standard Integrated
Personnel System (NSIPS) and its accelerated development and
deployment using DoD and service standards and functional
requirements. However, the conferees direct that the NSIPS
development schedule not be delayed if DoD standards and
requirements are not provided in a timely fashion. As DoD and
service standards and requirements are provided, NSIPS can be
expanded through a phased modular approach to meet service
requirements. Since the Navy is currently the executive agent
and project manager for the prototype of what is now the
objective military personnel and pay system, the conferees
direct the Department of Defense to designate the Navy as the
executive agent and project manager for the field level and
database components of the objective system working in
cooperation with the services, USD(P&R;), and the Air Force,
which will continue to develop the database component. The
conferees direct the Department of the Navy to maintain project
management and executive agent responsibilities for the field
level and database components of the objective system under the
operational control and command of the Commander, Naval Reserve
Forces. The conferees have provided $52,000,000 only for NSIPS
and for the establishment of a prototype commercial off-the-
shelf (COTS) software integration office within the Naval
Reserve, except that this office shall be a COTS application
software integration and requirements repository for activities
within DoD. The conferees strongly concur with all of the House
direction regarding NSIPS, the source data system, the diary
message reporting system, the Naval Computer and
Telecommunications Station (NCTS), and specific central design
activity (CDA) functions, except that the transfer of program
management functions and operational control of all of these
functions shall also include the Navy Manpower and Personnel
Data Base and that all of these program management and
operational control transfers are directed to be accomplished
within forty-five days after the enactment of this Act.
The uniform microcomputer disbursing system (UMIDS) shall
remain an interim system within the Defense Finance and
Accounting Service (DFAS). The conferees expect that further
development and deployment by DoD shall not be conducted beyond
deploying UMIDS as an interim system for Navy personnel support
detachments. The conferees direct DoD to ensure that personnel
and pay functions performed by UMIDS are included in and
replaced by NSIPS. The conferees concur with the House
direction that the NCTS communications operations and message
functions shall not be transferred, but the conferees do not
agree to the House proposal to consolidate other regional
communications centers and message traffic. The conferees
support further expanding the mission of the Naval Reserve to
implement and manage the remaining Department of the Navy
manpower and central design activities. The conferees direct
the Department of the Navy to submit a plan to the Committees
on Appropriations by March 1, 1997 for consolidating and
transferring the operational control of the program management,
operations, functions, and automated data processing support,
including design, development, procurement, maintenance, and
all related support functions of the Navy's remaining manpower
and personnel CDA's.
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
RECAPITULATION
RDTE, ARMY...................................... 4,320,640 4,874,537 5,107,283 5,062,763
RDTE, NAVY...................................... 7,334,734 8,399,357 8,067,543 8,208,946
RDTE, AIR FORCE................................. 14,417,456 14,869,573 14,778,540 14,499,606
RDTE, DEFENSE-WIDE.............................. 8,398,836 9,068,558 9,190,092 9,362,800
DEVELOPMENTAL TEST AND EVALUATION............... 252,038 272,038 269,038 282,038
OPERATIONAL TEST AND EVALUATION................. 21,968 26,968 21,968 24,968
---------------------------------------------------------------
GRAND TOTAL, RDTE......................... 34,745,672 37,511,031 37,434,464 37,441,121
----------------------------------------------------------------------------------------------------------------
Research, Development, Test and Evaluation, Army
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
RESEARCH DEVELOPMENT TEST & EVAL ARMY
DEFENSE RESEARCH SCIENCES..................... 141,682 141,682 127,332 122,332
UNIVERSITY AND INDUSTRY RESEARCH CENTERS...... 47,288 48,888 44,288 45,888
TRACTOR ROSE.................................. 2,131 3,131 2,131 3,131
MATERIALS TECHNOLOGY.......................... 10,841 14,841 22,841 14,841
SENSORS AND ELECTRONIC SURVIVABILITY.......... 23,608 24,608 19,792 19,792
TRACTOR HIP................................... 8,152 9,152 8,152 8,152
AVIATION TECHNOLOGY........................... 24,683 19,683 24,683 22,383
MISSILE TECHNOLOGY............................ 20,295 20,295 32,795 29,795
COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY...... 34,834 36,934 35,100 35,100
BALLISTICS TECHNOLOGY......................... 31,166 42,266 24,114 40,766
WEAPONS AND MUNITIONS TECHNOLOGY.............. 25,611 25,611 25,611 22,737
ELECTRONICS AND ELECTRONIC DEVICES............ 20,922 21,922 25,122 24,872
COUNTERMINE SYSTEMS........................... 6,029 9,029 6,029 7,529
HUMAN FACTORS ENGINEERING TECHNOLOGY.......... 14,072 18,222 18,372 16,322
ENVIRONMENTAL QUALITY TECHNOLOGY.............. 19,457 29,457 47,857 56,357
MILITARY ENGINEERING TECHNOLOGY............... 37,898 37,898 38,898 38,898
LOGISTICS TECHNOLOGY.......................... 17,808 17,808 20,808 20,808
MEDICAL TECHNOLOGY............................ 55,490 130,490 55,490 126,990
MEDICAL ADVANCED TECHNOLOGY................... 11,601 111,601 187,083 205,501
AVIATION ADVANCED TECHNOLOGY.................. 41,478 56,978 41,478 56,478
WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY..... 19,759 35,359 22,759 29,759
COMBAT VEHICLE AND AUTOMOTIVE ADVANCED
TECHNOLOGY................................... 31,552 35,052 27,552 29,552
COMMAND, CONTROL, COMMUNICATIONS ADVANCED
TECHNOLOGY................................... 23,120 23,120 35,620 30,120
NAUTILUS/THEL................................. .............. .............. 55,000 45,000
TRACTOR HIKE.................................. 17,176 22,176 17,176 17,176
TRACTOR RED................................... 5,125 8,625 5,125 8,625
TRACTOR ROSE.................................. 5,078 6,778 5,078 5,078
MILITARY HIV RESEARCH......................... 2,919 17,919 14,919 17,919
GLOBAL SURVEILLANCE/AIR DEFENSE/PRECISION
STRIKE TECHN................................. 40,258 40,258 25,258 22,658
MISSILE AND ROCKET ADVANCED TECHNOLOGY........ 90,037 90,037 110,037 102,037
LANDMINE WARFARE AND BARRIER ADVANCED
TECHNOLOGY................................... 15,196 31,296 19,196 28,296
JOINT SERVICE SMALL ARMS PROGRAM.............. 5,243 8,243 12,243 9,243
LINE-OF-SIGHT TECHNOLOGY DEMONSTRATION........ 18,173 .............. 18,173 10,000
NIGHT VISION ADVANCED TECHNOLOGY.............. 32,597 32,597 27,890 30,397
ARMY MISSILE DEFENSE SYSTEMS INTEGRATION (DEM/
VAL)......................................... 2,884 2,884 29,884 22,884
LANDMINE WARFARE AND BARRIER--ADV DEV......... 16,464 16,464 28,564 28,464
ARMAMENT ENHANCEMENT INITIATIVE............... 48,221 64,721 48,221 64,721
ARTILLERY PROPELLANT DEVELOPMENT.............. 18,450 .............. 18,450 8,500
ARMORED SYSTEM MODERNIZATION--ADV DEV......... .............. .............. 12,000 8,000
ADVANCED TANK ARMAMENT SYSTEM (ATAS).......... 9,639 9,639 12,639 11,639
TACTICAL ELECTRONIC SUPPORT SYSTEMS--ADV DEV.. 2,025 9,825 2,025 4,025
NATO RESEARCH AND DEVELOPMENT................. 9,963 .............. 9,963 9,963
AVIATION--ADV DEV............................. 8,385 15,385 8,385 13,385
WEAPONS AND MUNITIONS--ADV DEV................ .............. .............. 1,750 ..............
ARTILLERY SYSTEMS--DEM/VAL.................... 258,771 258,771 218,771 243,771
COMANCHE...................................... 288,644 288,644 388,644 338,644
EW DEVELOPMENT................................ 69,474 69,474 84,974 75,474
ALL SOURCE ANALYSIS SYSTEM.................... 36,200 36,200 38,200 40,200
MEDIUM TACTICAL VEHICLES...................... .............. 6,000 .............. 6,000
JAVELIN....................................... 1,643 9,143 6,143 6,143
LANDMINE WARFARE.............................. 17,609 17,609 35,609 26,909
FAMILY OF HEAVY TACTICAL VEHICLES............. .............. 3,000 .............. 2,000
AIR TRAFFIC CONTROL........................... 5,549 5,549 5,549 7,549
ADVANCED COMMAND AND CONTROL VEHICLE (AC2V)... 6,649 6,649 7,899 7,899
ENGINEER MOBILITY EQUIPMENT DEVELOPMENT....... 35,410 47,710 50,710 47,710
NIGHT VISION SYSTEMS--ENG DEV................. 33,637 33,637 35,637 35,637
NON-SYSTEM TRAINING DEVICES--ENG DEV.......... 42,865 42,865 52,865 49,865
AUTOMATIC TEST EQUIPMENT DEVELOPMENT.......... 2,793 12,793 7,793 9,793
BRILLIANT ANTI-ARMOR SUBMUNITION (BAT)........ 180,407 189,707 172,907 165,407
WEAPONS AND MUNITIONS--ENG DEV................ 20,468 24,168 22,068 24,168
LANDMINE WARFARE/BARRIER--ENG DEV............. 19,731 19,731 7,731 7,731
LONGBOW--ENG DEV.............................. 5,872 5,872 10,872 10,872
FIREFINDER.................................... 551 2,551 551 2,551
ARMY KWAJALEIN ATOLL.......................... 136,864 136,864 146,864 146,864
DOD HIGH ENERGY LASER TEST FACILITY........... 2,967 91,700 24,667 30,667
MUNITIONS STANDARDIZATION, EFFECTIVENESS AND
SAFETY....................................... 2,282 3,282 2,282 3,282
ENVIRONMENTAL COMPLIANCE...................... 53,911 53,911 55,911 55,411
MINOR CONSTRUCTION (RPM)--RDT&E...............; 4,319 4,319 7,319 4,319
MAINTENANCE AND REPAIR (RPM)--RDT&E...........; 66,047 66,047 74,047 70,047
BASE OPERATIONS--RDT&E........................; 216,649 216,649 232,649 224,649
MANAGEMENT HEADQUARTERS (RESEARCH AND
DEVELOPMENT)................................. 4,801 4,801 18,801 18,801
MLRS PRODUCT IMPROVEMENT PROGRAM.............. 64,271 74,271 64,271 64,271
AEROSTAT JOINT PROJECT OFFICE................. 38,940 38,940 31,940 26,940
COMBAT VEHICLE IMPROVEMENT PROGRAMS........... 197,796 215,696 211,146 211,296
AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT
PROGRAMS..................................... 194 22,894 27,864 22,864
AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM. 2,947 3,947 2,947 3,947
DIGITIZATION.................................. 110,180 100,180 131,980 90,180
MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT
PROGRAM...................................... 30,959 50,959 85,959 65,959
SPECIAL ARMY PROGRAM.......................... 10,185 13,485 10,185 11,185
END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES... 16,842 27,842 31,842 48,842
FORCE XXI INITIATIVE.......................... .............. 50,000 100,000 50,000
LT WT 155..................................... .............. 4,000 .............. 3,000
CLASSIFIED PROGRAM............................ .............. .............. .............. 2,000
----------------------------------------------------------------------------------------------------------------
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Defense Research Sciences....................... 141,682 141,682 127,332 122,332
Program reduction........................... .............. 0 -15,000 -20,000
Marine derived biocatalysts for defense and
industrial applications.................... .............. 0 650 650
(Note: The marine derived biocatalyst
research should be completed by an
organization with a tropical marine
microorganism collection from two major
distinct geographical regions, one of which
is the Pacific Ocean.)
University and Industry Research Centers........ 47,288 48,888 44,288 45,888
Electric Gun................................ .............. 1,600 0 1,600
Federated Labs.............................. .............. 0 -5,000 -5,000
National Automotive Center.................. .............. 0 2,000 2,000
Materials Technology............................ 10,841 14,841 22,841 14,841
Hardened materials.......................... .............. 4,000 4,000 4,000
High modulus Pan-based graphite fibers...... .............. 0 8,000 0
(Note: Project is funded in End Item
Industrial Preparedness.)
Sensors and Electronic Survivability............ 23,608 24,608 19,792 19,792
PDCUE....................................... .............. 1,000 1,000 1,000
Nuclear effects survivability technology.... .............. 0 -4,816 -4,816
Aviation Technology............................. 24,683 19,683 24,683 22,383
NRTC........................................ .............. -5,000 0 -2,300
Missile Technology.............................. 20,295 20,295 32,795 29,795
Advance solid state dye lasers.............. .............. 0 7,000 4,000
Kinetic energy missile technology........... .............. 0 5,500 5,500
Combat vehicle and automotive technology........ 34,834 36,934 35,100 35,100
Voice Instructional Device.................. .............. 2,100 2,100 2,100
Carry forward............................... .............. 0 -1,834 -1,834
Ballistics technology........................... 31,166 42,266 24,114 40,766
Vulnerability/lethality for TMD............. .............. 0 -4,178 -500
Liquid propellant........................... .............. 7,500 0 7,500
Electric Gun................................ .............. 3,600 0 2,600
Future main battle tank ammo cartridge...... .............. 0 -350 0
Nonlethal technology........................ .............. 0 -2,524 0
(Note: Future main battle tank ammo
cartridge and non-lethal technology funded
in Weapons and Munitions Technology).
Weapons and Munitions Technology................ 25,611 25,611 25,611 22,737
Future main battle tank ammo cartridge...... .............. 0 0 -350
Nonlethal technology........................ .............. 0 0 -2,524
Electronics and Electronic Devices.............. 20,922 21,922 25,122 24,872
Fuel cell technology development............ .............. 1,000 0 750
``AA'' zinc air battery..................... .............. 0 1,400 1,100
Low cost reusable alkaline battery for
Sincgars................................... .............. 0 1,000 750
No lead added alkaline cell................. .............. 0 800 600
Advanced nonmetallic rechargeable battery
system..................................... .............. 0 1,000 750
Human Factors Engineering Technology............ 14,072 18,222 18,372 16,322
Medical teams............................... .............. 3,900 4,300 2,000
Trauma care................................. .............. 250 0 250
Environmental Quality Technology................ 19,457 29,457 47,857 56,357
Unexploded ordnance remediation--Jefferson
Proving Ground............................. .............. 5,000 0 4,000
Test bed--Bremerton shipyard................ .............. 5,000 0 4,000
Environmental compliance projects using
personnel and technologies at the WETO
facility................................... .............. 0 5,000 5,000
Plasma energy pyrolysis system.............. .............. 0 10,000 7,500
Hawaii Small Business Development Center.... .............. 0 5,400 5,400
Facility environmental management and
monitoring system.......................... .............. 0 4,000 2,000
Base facility environmental quality (Project
A896)--Agriculture based bioremediation.... .............. 0 4,000 4,000
National Defense Center for Environmental
Excellence (Gallo Center).................. .............. 0 .............. 5,000
Military Engineering Technology................. 37,898 37,898 38,898 38,898
Cold Regions Research and Engineering Lab... .............. 0 1,000 1,000
Logistics Technology............................ 17,808 17,808 20,808 20,808
Cold preservation of food and ration quality
enhancement................................ .............. 0 3,000 3,000
Real time, automatic cargo tracking and
control system............................. .............. 0 (4,000) (3,000)
Medical Technology.............................. 55,490 130,490 55,490 126,990
Ear, Nose, and Throat Minimally Invasive
Simulation................................. .............. 2,000 0 1,000
Hepatitis A vaccine......................... .............. 25,000 0 20,000
Walter Reed Institute of Research........... .............. 5,200 0 5,200
Technology Road maps........................ .............. 3,500 0 3,500
Tissue replacement.......................... .............. 2,000 0 2,000
Computer assisted minimally invasive surgery .............. 5,000 0 2,500
Calcium signaling cancer cell proliferation. .............. 2,300 0 2,300
Neurotoxin exposure therapies............... .............. 25,000 0 25,000
Bone disease research program............... .............. 5,000 0 10,000
Medical Advanced Technology..................... 11,601 111,601 187,083 205,501
Army-managed peer-reviewed breast cancer
research program........................... .............. 100,000 150,000 100,000
Adv Cancer Detection Center for Military.... .............. 0 0 3,500
Computer aided diagnostic research.......... .............. 0 0 3,000
Computer-based decision support system...... .............. 0 0 6,000
Tissue replacement.......................... .............. 0 15,000 12,000
Nutrition research.......................... .............. 0 3,482 2,400
Prostate cancer research (Walter Reed)...... .............. 0 7,000 7,000
Prostate cancer peer reviewed research
program.................................... .............. 0 0 38,000
National Medical Testbed.................... .............. 0 0 6,000
Ovarian cancer.............................. .............. 0 0 7,500
Neurofibromatosis........................... .............. 0 0 8,000
Trichloromelaine testing.................... .............. 0 0 500
(Note: Transferred from Aviation Adv Tech)
Aviation Advanced Technology.................... 41,478 56,978 41,478 56,478
Starstreak evaluation....................... .............. 15,000 0 15,000
Trichloromelaine testing.................... .............. 500 0 0
(Note: Trichloromelaine testing funded in
Medical Advanced Technology.)
Weapons and Munitions Advanced Tech............. 19,759 35,359 22,759 29,759
DAMOCLES development........................ .............. 5,000 0 2,000
Electro-rheological fluid recoil system..... .............. 3,000 3,000 3,000
DPICM development........................... .............. 7,600 0 5,000
Combat Vehicle and Automotive Adv Tech.......... 31,552 35,052 27,552 29,552
GEISEL engine............................... .............. 3,500 0 2,000
Intra-vehicle electronic suite.............. .............. 0 -4,000 -4,000
Command, Control, Communications Advanced
Technology..................................... 23,120 23,120 35,620 30,120
Wavenet technology.......................... .............. .............. 4,000 2,000
Space Applications Technology Program....... .............. .............. 3,500 0
Field Laser Radar Demo Data Analysis Center. .............. .............. 5,000 5,000
Military HIV Research........................... 2,919 17,919 14,919 17,919
HIV research, vaccine development and
clinical studies........................... .............. 15,000 12,000 15,000
Global Surveillance/Air Defense/Precision Strike
Demonstration.................................. 40,258 40,258 25,258 22,658
Survivable armed reconnaissance on the
digital battlefield........................ .............. 0 -15,000 -17,600
Missile and Rocket Advanced Technology.......... 90,037 90,037 110,037 102,037
MLRS guided rocket.......................... .............. 0 12,000 8,000
Future missile technology integration....... .............. 0 8,000 4,000
Competitive Hydra-70 PIP.................... .............. 0 (9,000) (9,000)
Landmine Warfare and Barrier Adv Tech........... 15,196 31,296 19,196 28,296
Microwave stand-off ground penetrating radar .............. 4,000 4,000 5,000
Vehicular mounted mine detection system..... .............. 12,100 0 8,100
Joint Service Small Arms Program................ 5,243 8,243 12,243 9,243
OICW........................................ .............. 3,000 5,000 3,000
Adv. light antiarmor weapons system......... .............. 0 2,000 1,000
Night Vision Advanced Technology................ 32,597 32,597 27,890 30,397
Advanced targeting for SARDB................ .............. 0 -1,297 0
Aerial scout sensors integration............ .............. 0 -3,410 -2,200
Army Missile Defense Systems Integration........ 2,884 2,884 29,884 22,884
Battlefield Integration Center.............. .............. 0 27,000 20,000
Landmine Warfare and Barrier--Adv Dev........... 16,464 16,464 28,564 28,464
Ground standoff mine detection system....... .............. 0 12,100 0
ASTAMIDS.................................... .............. 0 0 12,000
(Note: Transferred from Landmine Warfare/
Barrier--Eng Dev.)
Artillery Propellant Development................ 18,450 0 18,450 8,500
(Note: Funds are provided only for type
classification of MACS.)
Armored Systems Modernization--Adv Dev.......... 0 0 12,000 8,000
M1A2 next generation tank upgrade........... .............. 0 12,000 8,000
(Note: The conferees have provided
$8,000,000 to pursue planning and advance
development efforts for the Army's next
generation tank. The conferees understand
that the Army's tank modernization strategy
is still being defined based on recent
recommendations of the Army Science Board.
The conferees direct that the appropriated
funds shall be competitively awarded.)
Tactical Electronic Support Sys--Adv Dev........ 2,025 9,825 2,025 4,025
ASAS-IFAD................................... .............. 7,800 0 0
(Note: Transferred to All Source Analysis
Systems.)
Integrated battlespace intell server .............. 0 0 2,000
(Note: Transferred from All Source Analysis
Systems)
EW Development.................................. 69,474 9,474 84,974 75,474
ATIRCM/ATRJ integration..................... .............. 0 15,500 6,000
All Source Analysis System...................... 36,200 36,200 38,200 40,200
Integrated battlespace intell server........ .............. 0 2,000 0
(Note: Transferred to Tactical Electronic
Support Systems--Adv Dev)
ASAS-IFAD................................... .............. 0 0 4,000
(Note: Transferred from Tactical Electronic
Support System)
Javelin......................................... 1,643 9,143 6,143 6,143
Warhead improvements........................ .............. 4,500 4,500 4,500
Insensitive munitions enhancements.......... .............. 3,000 0 0
Landmine Warfare................................ 17,609 17,609 35,609 26,909
Wide Area Munition.......................... .............. 0 18,000 9,300
(Note: The conferees approve a transfer of
$9,300,000 from the WAM low rate initial
procurement program into the WAM product
improvement Program (PIP). The conferees
endorse the revised Army strategy to
accelerate the WAM PIP effort and to
procure the basic WAM design at the minimum
production rate).
Air Traffic Control............................. 5,549 5,549 5,549 7,549
(Note: Transferred $2,000,000 from Aircraft
Procurement, Army--Air Traffic Control for EMD
of the ATNAVICS prototype)
Engineer Mobility Equipment Development......... 35,410 47,710 50,710 47,710
Heavy Assault Bridge (HAB).................. .............. 12,300 12,300 9,300
HAB test program sets....................... .............. 0 1,500 1,500
Breacher test program sets.................. .............. 0 1,500 1,500
Night Vision Systems--Eng Dev................... 33,637 33,637 35,637 35,637
Target acquisition system TLOS.............. .............. 0 -3,000 -3,000
Apache second generation FLIR............... .............. 0 5,000 5,000
Brilliant Anti-armor submunition................ 180,407 189,707 172,907 165,407
BAT producibility enhancements.............. .............. 9,300 0 0
Program cost increases...................... .............. 0 12,500 0
BAT P3I..................................... .............. 0 -20,000 -15,000
Weapons and Munitions--Eng Dev.................. 20,468 24,168 22,068 24,168
MK-19 modifications......................... .............. 1,600 0 1,600
XM 915/916 development...................... .............. 2,100 0 2,100
Program Increase............................ .............. 0 1,600 0
Landmine Warfare/Barrier--Eng Dev............... 19,731 19,731 7,731 7,731
ASTAMIDS.................................... .............. 0 -12,000 -12,000
(Note: Funded in Landmine Warfare/Barrier--
Adv Dev)
DoD High Energy Laser Test Facility............. 2,967 91,700 24,667 30,667
HELSTF...................................... .............. 21,733 21,700 21,700
THEL/NAUTILUS............................... .............. 55,000 0 0
High energy solid state laser development... .............. 12,000 0 6,000
Management Headquarters......................... 4,801 4,801 18,801 18,801
Akamai...................................... .............. 0 14,000 14,000
(Note: The conferees support Akamai efforts
at Tripler Army Medical Center which
include the use of local high performance
computing capabilities to more efficiently
create high resolution, three-dimensional
images for medical diagnostics.
Furthermore, the conferees direct that
$2,700,000 of the increase is available
only to continue development of dual mode
hyperspectral/fluorescence imaging
technologies)
Aerostat Joint Project Office................... 38,940 38,940 31,940 26,940
Risk reduction program...................... .............. 0 -3,000 -3,000
Management office and support............... .............. 0 -4,000 -4,000
Program reduction........................... .............. 0 0 -5,000
Combat Vehicle Improvement Programs............. 197,796 215,696 211,146 211,296
M1 flat panel displays...................... .............. 10,000 10,000 7,000
Combat vehicle laser warning system......... .............. 4,900 0 4,900
M1A2 SEP test program sets.................. .............. 0 1,200 1,200
Bradley BFIST ODS test sets................. .............. 0 900 900
Bradley A3 BFIST test sets.................. .............. 0 450 0
Bradley A3 test sets........................ .............. 0 3,300 2,000
Bradley Stinger test program sets........... .............. 0 500 500
BFIST A3 phase II design engineering........ .............. 0 -3,000 -3,000
M1A2 compact autoloader..................... .............. 3,000 0 0
(Note: $2,000,000 appropriated in Advanced
Tank Armament System.)
Aircraft modifications/Product improvement...... 194 22,894 27,864 22,864
Improved cargo helicopter................... .............. 22,700 22,720 17,720
CH-47 engine upgrades....................... .............. 0 4,700 4,700
UH-60 door gun evaluation................... .............. 0 250 250
Digitization.................................... 110,180 100,180 131,980 90,180
Program reduction........................... .............. -10,000 0 -20,000
Task Force XXI efforts and common operating
environment migration...................... .............. 0 21,800 0
Missile/Air Defense Product Improvement......... 30,959 50,959 85,959 65,959
Patriot anti-cruise missile upgrade......... .............. 20,000 40,000 35,000
Starstreak evaluation....................... .............. 0 15,000 0
End Item Industrial Preparedness................ 16,842 27,842 31,842 48,842
Program increase............................ .............. 11,000 0 0
INFAC....................................... .............. 0 4,000 4,000
Advanced nonmetallic rechargeable battery
system..................................... .............. 0 1,000 0
Total integration munitions engineering..... .............. 0 10,000 20,000
Ductile iron................................ .............. (2,000) 0 (2,000)
High modulus Pan-based graphite Fibers...... .............. 0 0 8,000
(Note: Transferred from Materials
Technology.)
----------------------------------------------------------------------------------------------------------------
aviation advanced technology
The conferees agree to provide $56,478,000 for Aviation
Advanced Technology, an increase of $15,000,000 only for
continuation of the air-to-air Starstreak evaluation. The
conferees agree that side-by-side testing with other missile
candidates should not occur until after completion of Phase II
testing of Starstreak. None of the funds provided shall be
diverted for any other purpose without prior consultation with
the Committees on Appropriations.
environmental quality technology
The conferees have provided an additional $5,000,000 for
the National Defense Center for Environmental Excellence for
support of life-cycle environmental and manufacturing
technologies research related to weapon systems and munitions
technology assessment and analysis. Research to be conducted
includes technology insertion, life-cycle assessments,
technology transfer and demonstrations, environmental and
manufacturing research and engineering and environmental
awareness training.
Of the additional funds appropriated, the conferees
direct that $5,400,000 shall be available only to continue
ongoing efforts with an established small business development
center to be administered as in previous years. The conferees
are supportive of pursuing products which have industrial and
medicinal uses under this program.
The conferees further direct that $4,000,000 shall be
available only for the U.S. Army Environmental Center, as
program director for overall technical and fiscal management,
and the U.S. Army Construction Engineering Research Laboratory
(USCERL), as technical advisor for research and development, to
demonstrate agriculturally based remediation technologies to
restore contaminated military and civilian sites, especially
those located in fragile Pacific island ecosystems.
medical advanced technology
Neurofibromatosis
The conference agreement includes $8,000,000 only to
continue the Army's ongoing successful neurofibromatosis
research program. The conferees commend the Army for
structuring this program in a highly professional manner. The
conferees direct that these funds be made available under the
same timeline for solicitation, peer review, and grant award as
has been announced for the obligation of fiscal year 1996
funds.
National Medical Testbed
The conferees are impressed with the efforts of the
Testbed to provide deliverable technologies which display
measurable improvements in cost and effectiveness in many areas
of healthcare delivery. Therefore, the conferees provide an
additional $6,000,000 in the Medical Advanced Technology, Army
line only for the National Medical Testbed to develop new
health care delivery systems along with enhancing existing
programs.
ovarian cancer research
The conference agreement provides an additional
$7,500,000 only for a comprehensive preventive program in
ovarian cancer that expands into endometrial, cervical and
other cancer research and that would include prevention
planning, implementation and development planning. The
conferees direct that this program shall be implemented under
the same guidance for this activity as contained in House
Report 103-562.
military hiv research
hiv/aids
The conferees request that the DoD facilitate and support
continued participation of HIV-infected military personnel,
retirees, and their dependents in clinical trials, including
the AIDS Clinical Trials Group (ACTG) or the Community Programs
for Clinical Research on AIDS (CPCRA).
The conference agreement includes $17,919,000 for the
military's HIV/AIDS research programs. The conferees intend
that the HIV clinical research program be continued at the
current level with remaining funds available to design,
evaluate, and produce candidate vaccines through collaborations
with industry and international partners.
joint services small arms program
The conferees understand that the Department of the Army
is monitoring the development of Plastic Cased Ammunition as an
economical and weight saving alternative to brass cased
ammunition. The conferees recommend that the Department of the
Army, within existing resources, conduct a feasibility study on
the adoption of Plastic Cased Ammunition and report back to the
congressional defense committees by March 15, 1997.
landmine warfare and barrier--adv dev
The conferees agree to provide an additional $12,000,000
only for the continuation of the Airborne Stand-off Minefield
Detection System (ASTAMIDS). The conferees direct that the
Secretary of the Army complete a technology evaluation of other
systems capable of performing the battlefield mine detection
mission. The conferees further direct that this competition be
completed as expeditiously as possible. The conferees direct
that the ASTAMIDS program not proceed into engineering and
manufacturing development prior to the Army completing this
competition and informing the congressional defense committees
on the results of this evaluation.
super dragon
The conferees direct the Army to study the merits and
costs of further upgrades to the Dragon missile. The conferees
direct the Secretary of the Army to submit a report to the
congressional defense committees detailing the requirement,
cost, and schedule for the various Dragon upgrade options no
later than April 1, 1997.
Research, Development, Test and Evaluation, Navy
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
RESEARCH DEVELOPMENT TEST & EVAL NAVY
DEFENSE RESEARCH SCIENCES................................. 371,904 371,904 361,904 351,904
SURFACE/AEROSPACE SURVEILLANCE AND WEAPONS TECHNOLOGY..... 26,312 41,112 35,312 33,312
SURFACE SHIP TECHNOLOGY................................... 35,591 43,591 56,591 53,591
AIRCRAFT TECHNOLOGY....................................... 20,578 24,778 20,578 24,778
COMMAND, CONTROL, AND COMMUNICATIONS TECHNOLOGY........... 56,159 58,159 56,159 57,159
READINESS, TRAINING, AND ENVIRONMENTAL QUALITY TECH....... 40,828 49,728 40,828 49,728
UNDERSEA SURVEILLANCE WEAPON TECHNOLOGY................... 49,580 49,580 50,080 50,080
MINE COUNTERMEASURES, MINING AND SPECIAL WARFARE.......... 40,534 40,534 48,534 46,534
OCEANOGRAPHIC AND ATMOSPHERIC TECHNOLOGY.................. 44,559 54,559 66,559 76,559
UNDERSEA WARFARE WEAPONRY TECHNOLOGY...................... 33,891 33,891 42,391 38,391
AIR SYSTEMS AND WEAPONS ADVANCED TECHNOLOGY............... 29,315 41,315 29,315 38,315
PRECISION STRIKE AND AIR DEFENSE.......................... 55,560 60,560 46,311 60,560
SHIP PROPULSION SYSTEM.................................... 28,557 36,557 36,557 33,557
MARINE CORPS ADVANCED TECHNOLOGY DEMONSTRATION (ATD)...... 24,212 66,012 65,712 62,012
MEDICAL DEVELOPMENT....................................... 37,342 57,442 43,842 61,442
ENVIRONMENTAL QUALITY AND LOGISTICS ADVANCED TECHNOLOGY... 19,970 21,470 44,970 40,970
UNDERSEA WARFARE ADVANCED TECHNOLOGY...................... 43,583 43,583 34,583 46,083
SHALLOW WATER MCM DEMOS................................... 42,753 50,753 42,753 42,753
ADVANCED TECHNOLOGY TRANSITION............................ 104,424 70,000 91,424 72,000
AIR/OCEAN TACTICAL APPLICATIONS........................... 16,519 16,519 19,719 18,519
AVIATION SURVIVABILITY.................................... 6,313 15,513 6,313 15,513
ASW SYSTEMS DEVELOPMENT................................... 19,473 19,473 21,973 21,973
SURFACE AND SHALLOW WATER MINE COUNTERMEASURES............ 86,995 98,995 94,751 88,751
ADVANCED SUBMARINE COMBAT SYSTEMS DEVELOPMENT............. 19,149 58,149 19,149 39,149
CARRIER SYSTEMS DEVELOPMENT............................... 12,745 12,745 35,745 12,745
SHIPBOARD SYSTEM COMPONENT DEVELOPMENT.................... 9,948 9,948 9,948 18,748
ADVANCED SUBMARINE SYSTEM DEVELOPMENT..................... 26,400 85,400 46,400 66,400
ARSENAL SHIP-DEM/VAL...................................... ........... ........... ........... 25,000
SHIP CONCEPT ADVANCED DESIGN.............................. 13,807 38,807 13,807 13,807
ADVANCED SURFACE MACHINERY SYSTEMS........................ 59,773 87,673 59,773 68,873
MARINE CORPS MINE/COUNTERMEASURES SYSTEMS--ADV DEV........ 592 2,592 592 1,592
RETRACT MAPLE............................................. 83,809 114,009 83,809 83,809
LINK PLUMERIA............................................. 26,433 28,933 41,433 35,933
RETRACT ELM............................................... 24,993 30,793 30,143 24,993
SHIP SELF DEFENSE......................................... 216,486 290,486 216,486 290,486
NATO RESEARCH AND DEVELOPMENT............................. 9,933 ........... 9,933 9,933
GUN WEAPON SYSTEM TECHNOLOGY.............................. 42,204 55,204 60,204 52,204
JOINT ADVANCED STRIKE TECHNOLOGY--DEM/VAL................. 246,833 259,833 246,833 256,833
OTHER HELO DEVELOPMENT.................................... 40,132 52,132 66,932 65,432
STANDARDS DEVELOPMENT..................................... 24,698 27,098 24,698 26,698
S-3 WEAPON SYSTEM IMPROVEMENT............................. 4,979 19,979 4,979 9,979
P-3 MODERNIZATION PROGRAM................................. 2,074 14,074 2,074 8,074
TACTICAL COMMAND SYSTEM................................... 26,989 29,989 26,989 29,989
ACOUSTIC SEARCH SENSORS................................... 12,141 12,141 14,641 14,641
V-22A..................................................... 576,792 613,792 596,792 576,792
AIR CREW SYSTEMS DEVELOPMENT.............................. 11,089 24,489 16,089 27,489
EW DEVELOPMENT............................................ 78,748 141,248 136,158 127,248
AEGIS COMBAT SYSTEM ENGINEERING........................... 89,279 93,279 103,279 92,279
ARSENAL SHIP.............................................. 25,000 ........... 100,000 ...........
STANDARD MISSILE IMPROVEMENTS............................. 1,637 9,637 1,637 9,637
AIRBORNE MCM.............................................. 14,522 20,522 33,522 32,522
SSN-688 AND TRIDENT MODERNIZATION......................... 61,395 72,395 61,395 61,395
ENHANCED MODULAR SIGNAL PROCESSOR......................... 3,718 15,718 3,718 22,718
NEW DESIGN SSN............................................ 394,000 382,300 409,200 389,300
NAVY TACTICAL COMPUTER RESOURCES.......................... 5,237 30,237 5,237 30,237
UNGUIDED CONVENTIONAL AIR-LAUNCHED WEAPONS................ 22,322 32,322 22,322 32,322
BATTLE GROUP PASSIVE HORIZON EXTENSION SYSTEM............. 3,704 4,704 3,704 4,704
SHIP SELF DEFENSE......................................... 134,677 171,677 134,677 152,677
JSTARS NAVY............................................... ........... 10,000 ........... ...........
DISTRIBUTED SURVEILLANCE SYSTEM........................... 35,194 70,194 35,194 58,194
TECHNICAL INFORMATION SERVICES............................ 1,725 1,725 1,725 4,725
TEST AND EVALUATION SUPPORT............................... 242,891 244,891 242,891 243,891
SSBN SECURITY TECHNOLOGY PROGRAM.......................... 21,340 26,840 21,340 24,340
F/A-18 SQUADRONS.......................................... 425,333 447,033 425,333 441,133
TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC)...... 136,364 124,364 156,364 146,364
CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT................. 34,906 37,906 53,406 49,406
HARM IMPROVEMENT.......................................... 3,348 55,848 13,348 38,348
SURFACE ASW COMBAT SYSTEM INTEGRATION..................... 4,901 8,901 4,901 6,901
AVIATION IMPROVEMENTS..................................... 53,512 55,112 53,512 55,112
NAVY SCIENCE ASSISTANCE PROGRAM........................... 5,067 5,067 23,067 13,067
MARINE CORPS COMMUNICATIONS SYSTEMS....................... 56,687 61,242 56,687 61,242
TACTICAL AIM MISSILES..................................... 58,415 58,415 53,925 54,915
DEFENSE METEOROLOGICAL SATELLITE PROGRAM (SPACE).......... 1,195 1,195 16,195 13,695
TACTICAL UNMANNED AERIAL VEHICLE.......................... ........... ........... 66,808 ...........
PREDATOR.................................................. ........... ........... 6,099 ...........
ACQUISITION CENTER OF EXCELLENCE.......................... ........... ........... 8,000 500
JOINT SERVICE NON-LETHAL WEAPONS TECHNOLOGIES PROGRAM..... ........... ........... 15,000 10,000
CLASSIFIED PROGRAMS....................................... 501,598 669,598 501,598 575,298
----------------------------------------------------------------------------------------------------------------
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Defense Research Sciences................................ 371,094 371,094 361,904 351,904
General reduction.................................... ........... 0 -10,000 -20,000
National Center for Physical Acoustics............... ........... 0 (900) (900)
Surface/Aerospace Surveillance/Weapons Technology........ 26,312 41,112 35,312 33,312
CW superconducting RF free electron laser............ ........... 9,000 9,000 6,000
IRPTET............................................... ........... 3,000 0 1,000
NSFS: GPS/INS guidance............................... ........... 2,800 0 0
Surface Ship Technology.................................. 35,591 43,591 56,591 53,591
Power electronic building blocks..................... ........... 6,000 0 6,000
Vision technology.................................... ........... 1,000 0 1,000
Natural language processing.......................... ........... 1,000 0 1,000
Surface ship composite materials technology.......... ........... 0 10,000 5,000
Power node control centers........................... ........... 0 1,000 1,000
Ship technology automated systems monitoring......... ........... 0 2,000 0
Landing ship/quay causeway........................... ........... 0 8,000 4,000
Materials, Electronics, and Computer Technology.......... 75,886 88,386 88,386 88,386
Wide bandwidth semiconductors........................ ........... 10,000 0 0
Carbon reinforced, recycled thermoplastic engineered
lumber.............................................. ........... 2,500 2,500 2,500
New processes for Navy aircraft skins................ ........... ............ 5,000 3,000
Virtual company framework for advanced software
development......................................... ........... ............ 0 4,000
Advanced Materials Intelligent Processing Center..... ........... ............ 5,000 3,000
Titanium processing technology....................... ........... ............ (2,000) (2,000)
(Note: From within available funds, $2.0 million is available only to support development of the plasma quench
process at the Idaho National Engineering Laboratory for use in the production of ultra-fine titanium powder
and in the injection molding process. The conferees believe the plasma quench process could offer the defense
and aerospace industries a cost-effective and environmentally sound means of meeting our growing titanium
requirements while ensuring that domestic sources of titanium metal remain viable into the future.)
Oceanographic and Atmospheric Technology................. 44,559 54,559 66,559 76,559
Sensing systems/UUVs................................. ........... 10,000 0 10,000
National oceanographic partnerships.................. ........... 0 13,000 13,000
Polar ozone atmospheric monitor...................... ........... 0 4,000 4,000
Ocean climate research............................... ........... 0 5,000 5,000
PM-10................................................ ........... 0 (750) (750)
University fleet survey.............................. ........... 0 (4,000) 0
Undersea Warfare Weaponry Technology..................... 33,891 33,891 42,391 38,391
Anti-submarine/torpedo weapon........................ ........... 0 6,000 2,000
SUV for intervention missions........................ ........... 0 2,500 2,500
(Note: Concerning the semiautonomous underwater vehicle for intervention missions, the performing institution
should have an existing omni-directional SUV and focus this effort on developing a vehicle with accurate omni-
directional, optical sensor-based motion control for station-keeping combined with an integrated manipulator,
allowing coordinated motion control for performing intervention missions.)
Air Systems and Weapons Advanced Technology.............. 29,315 41,315 29,315 38,315
MAST electronics..................................... ........... 10,000 0 8,000
IRPTET............................................... ........... 2,000 0 1,000
Ship Propulsion System................................... 28,557 36,557 36,557 33,557
Advanced submarine technology........................ ........... 8,000 0 0
Active control of machinery rafts.................... ........... 0 8,000 5,000
(Note: Half of the funds for active control of machinery rafts (Project M) are for submarine applications and
half are for surface ship applications.)
Marine Corps ATD......................................... 24,212 66,012 65,712 62,012
Warfighting lab/SEA DRAGON........................... ........... 40,000 40,000 35,000
SMAW product improvement............................. ........... 1,800 0 1,800
Air defense alerting device.......................... ........... 0 1,500 1,000
Medical Development...................................... 37,342 57,442 43,842 61,442
Rural health......................................... ........... 3,500 0 3,500
Bone marrow research................................. ........... 14,000 0 14,000
Casualty stabilization............................... ........... 2,600 0 2,600
Freeze dried blood................................... ........... (2,500) 2,500 (2,500)
Mobile medical monitor............................... ........... 0 4,000 4,000
Environmental Quality/Logistics Advanced Technology...... 19,970 21,470 44,970 40,970
Nickel-zinc battery development...................... ........... 1,500 0 1,000
Smart base........................................... ........... 0 25,000 20,000
Undersea Warfare Advanced Technology..................... 43,583 43,583 34,583 46,083
Shipboard/airborne periscope detection............... ........... 0 -14,000 0
Environmentally compliant torpedo fuel............... ........... 0 5,000 2,500
Shallow Water MCM Demos.................................. 42,753 50,753 42,753 42,753
RAMICS............................................... ........... 8,000 0 0
(Note: The conferees direct that $900,000 shall be available only to test the Power Blade mine clearance system,
hardened against mine detonations, at a planned March 1997 U.S. Atlantic Command joint countermine warfare
exercise.)
Advanced Technology Transition........................... 104,424 70,000 91,424 72,000
General reduction/program growth..................... ........... -34,424 -15,000 -34,424
SLICE................................................ ........... ............ 2,000 2,000
Air/Ocean Tactical Applications.......................... 16,519 16,519 19,719 18,519
Mapping, charting, and geodesy....................... ........... 0 3,200 2,000
Surface and Shallow Water Mine Countermeasures........... 86,995 98,995 94,751 88,751
Obstacle breaching system............................ ........... 0 -4,244 -4,244
Integrated combat weapon system...................... ........... 12,000 12,000 6,000
Advanced Submarine Combat Systems Development............ 19,149 58,149 19,149 39,149
Advanced submarine technology........................ ........... 39,000 0 20,000
(Note: Includes $10.8 million for the fiber optic
acoustic sensor.)
Shipboard System Component Development................... 9,948 9,948 9,948 18,748
Carbonate fuel cells................................. ........... 0 0 1,900
Standard monitoring and control system............... ........... 0 0 6,900
(Note: Funds for the standard monitoring and control
system and for carbonate fuel cells, as recommended
by the House, that were agreed to in conference were
transferred from the Advanced Surface Machinery
Systems line.)
Advanced Submarine System Development.................... 26,400 85,400 46,400 66,400
Advanced submarine technology........................ ........... 59,000 20,000 40,000
Doppler sonar velocity log........................... ........... 0 (1,000) (1,000)
Advanced Surface Machinery Systems....................... 59,773 87,673 59,773 68,873
Standard monitoring and control system............... ........... 13,500 0 -900
ICR land based test site............................. ........... 12,500 (12,500) 10,000
Carbonate fuel cells................................. ........... 1,900 0 0
(Note: Funds for the standard monitoring and control
system and for carbonate fuel cells, as recommended by
the House, that were agreed to in conference were
transferred to the Shipboard System Component
Development program.)
Gun Weapon System Technology............................. 42,204 55,204 60,204 52,204
Micro-mechanical systems ERGM........................ ........... 5,000 0 3,000
Risk reduction....................................... ........... 10,000 18,000 7,000
Contract savings..................................... ........... -2,000 0 0
Joint Advanced Strike Technology......................... 246,833 259,833 246,833 256,833
Engine competition................................... ........... 13,000 0 10,000
Other Helo Development................................... 40,132 52,132 66,932 65,432
Advanced low frequency sonar......................... ........... 12,000 0 6.000
SH-60R............................................... ........... 0 6,800 6,800
Parametric airborne dipping sonar (PADS)............. ........... 0 10,000 5,000
CH-60 vertical replenishment demo.................... ........... 0 10,000 7,500
Air Crew Systems Development............................. 11,089 24,489 16,089 27,489
Modular helmet mounted display....................... ........... 5,000 0 5,000
Five-line visor lens................................. ........... 1,900 0 1,900
Small occupant escape systems........................ ........... 1,500 0 1,500
NACES II ejection seats.............................. ........... 5,000 0 5,000
Ejection seats, troop seats, helmet develop.......... ........... 0 5,000 3,000
EW Development........................................... 78,748 141,248 136,158 127,248
Anti-jam GPS......................................... ........... 3,500 0 3,500
EA-6B reactive jamming............................... ........... 32,000 32,000 32,000
Jamming techniques optimization...................... ........... 5,000 10,000 5,000
EA-6B connectivity upgrade........................... ........... 22,000 ............ 0
ALR-67(V)3........................................... ........... 0 15,410 8,000
(Note: EA-6B connectivity upgrade funded in the
Aircraft Procurement account.)
Aegis Combat System Engineering.......................... 89,279 93,279 103,279 92,279
Aegis test integration facility...................... ........... 4,000 4,000 3,000
Smart ship initiative................................ ........... 0 10,000 0
Airborne Mine Countermeasures............................ 14,522 20,522 33,522 32,522
AN/AQS-20............................................ ........... 6,000 6,000 6,000
Underwater mine detection technology evaluation...... ........... 0 13,000 12,000
Enhanced Modular Signal Processor........................ 3,718 15,718 3,718 22,718
COTS Variant......................................... ........... 12,000 0 19,000
(Note: Includes an additional $10.0 million not in
the House bill, which is offset by a rescission of
fiscal year 1995 Other Procurement, Navy funds
appropriated for the EMSP program.)
New Design SSN........................................... 394,000 382,300 409,200 389,300
COTS MPP............................................. ........... 0 15,200 7,000
C3I contract savings................................. ........... -7,000 0 -7,000
Prior year contract savings.......................... ........... -4,700 0 -4,700
Laser articulating robotic system.................... ........... 0 0 (2,000)
Glass reinforced plastic sonar dome.................. ........... (2,000) 0 (2,000)
(Note: $2.0 million is only to evaluate application
to the New Attack Submarine of glass reinforced
plastic technology currently being developed for
surface ship sonar domes.)
Ship Self Defense........................................ 134,677 171,677 134,677 152,677
Enhanced Sea-sparrow................................. ........... 8,000 0 0
Infrared search and track............................ ........... 8,000 0 4,000
Quick combat reaction capability..................... ........... 9,000 0 0
SPQ-9B radar development............................. ........... 8,000 0 4,000
NULKA decoy.......................................... ........... 4,000 0 2,000
AN/SPS-48E........................................... ........... 0 (12,000) 8,000
Technical Information Systems............................ 1,725 1,725 1,725 4,725
Advanced technical information system................ ........... 0 0 3,000
F/A-18 Squadrons......................................... 425,333 447,033 425,333 441,133
Advanced FLIR........................................ ........... 19,400 0 0
BOL chaff for F/A-18C/D.............................. ........... 4,500 0 18,000
General reduction.................................... ........... -2,200 0 -2,200
Tomahawk and Tomahawk Mission Planning Center............ 136,364 124,364 156,364 146,364
Joint targeting support center....................... ........... 8,000 0 0
Block IV upgrades.................................... ........... -20,000 0 10,000
General increase..................................... ........... 0 20,000 0
Consolidated Training Systems Development................ 34,906 37,906 53,406 49,406
Surface tactical team trainer........................ ........... 3,000 0 2,000
JTCTS................................................ ........... 0 9,000 3,000
Optical sensors at PMRF.............................. ........... 0 5,000 5,000
PMRF LATR system upgrade............................. ........... 0 4,500 4,500
HARM Improvement......................................... 3,348 55,848 13,348 38,348
Advanced anti-radiation guided missile............... ........... 50,000 10,000 35,000
HARM block IV upgrade................................ ........... 2,500 0 0
Navy Science Assistance Program.......................... 5,067 5,067 23,067 13,067
CINCs technology initiative.......................... ........... 0 10,000 0
Littoral Airborne Sensor/Hyperspectral (LASH)........ ........... 0 8,000 8,000
System using the Advanced Airborne............... ........... ............ ............ ............
Hyperspectral Imaging System (AAHIS)............. ........... ............ ............ ............
Industrial Preparedness.................................. 35,526 88,000 88,000 88,000
General increase..................................... ........... 52,474 31,474 46,474
LAST center.......................................... ........... 0 15,000 0
Manufacturing Technology Transfer Center............. ........... 0 6,000 6,000
----------------------------------------------------------------------------------------------------------------
v-22
After the President's budget was submitted, the Special
Operations Command and the Department of the Navy entered into
an agreement concerning the SOF variant of the V-22 aircraft.
The agreement may require additional funds to maintain the
variant aircraft's schedule in fiscal years 1997 and beyond. In
formulating the fiscal year 1998 budget, the conferees direct
the Undersecretary of Defense (Comptroller) to submit a
reprogramming request to the congressional defense committees
should additional fiscal year 1997 funds become necessary to
implement the agreement, in order to keep the SOF variant's
projected initial operating capability date on schedule.
Research, Development, Test and Evaluation, Air Force
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
RESEARCH DEVELOPMENT TEST & EVAL AF
DEFENSE RESEARCH SCIENCES................................... 234,475 234,475 226,475 219,475
MATERIALS................................................... 72,360 79,360 72,360 80,860
AEROSPACE FLIGHT DYNAMICS................................... 65,080 72,280 65,080 65,080
ARMSTRONG LAB EXPLORATORY DEVELOPMENT....................... 87,103 91,103 87,103 89,103
AEROSPACE PROPULSION........................................ 74,906 83,406 74,906 74,906
AEROSPACE AVIONICS.......................................... 71,261 68,061 71,261 68,061
PHILLIPS LAB EXPLORATORY DEVELOPMENT........................ 121,107 148,007 135,607 153,507
ADVANCED MATERIALS FOR WEAPON SYSTEMS....................... 23,803 26,303 23,803 26,303
FLIGHT VEHICLE TECHNOLOGY................................... 8,433 9,183 8,433 8,433
AEROSPACE PROPULSION AND POWER TECHNOLOGY................... 38,264 39,264 38,264 38,264
CREW SYSTEMS AND PERSONNEL PROTECTION TECHNOLOGY............ 17,969 24,969 17,969 22,969
ELECTRONIC COMBAT TECHNOLOGY................................ 25,202 30,102 25,202 27,602
SPACE AND MISSILE ROCKET PROPULSION......................... 15,740 25,740 15,740 23,240
ADVANCED SPACECRAFT TECHNOLOGY.............................. 39,367 70,637 89,637 76,637
ADVANCED WEAPONS TECHNOLOGY................................. 41,895 66,895 61,895 56,895
ADVANCED MILSATCOM (SPACE).................................. 31,643 31,643 16,543 31,643
POLAR ADJUNCT (SPACE)....................................... 62,387 22,387 62,387 62,387
NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL SATE...... 34,024 19,024 29,000 29,000
SPACE BASED INFRARED ARCHITECTURE (SPACE)--DEM/VAL.......... 120,151 249,151 254,151 249,151
NATO RESEARCH AND DEVELOPMENT (H)........................... 10,233 .......... 10,233 10,233
INTERCONTINENTAL BALLISTIC MISSILE--DEM/VAL................. 30,644 48,344 30,644 48,344
EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE)--DEM...... 44,457 44,457 74,457 44,457
SPACE ARCHITECT OFFICE...................................... 15,000 15,000 10,601 11,601
NUCLEAR WEAPONS SUPPORT..................................... 4,788 4,788 5,788 5,788
B-1B........................................................ 220,932 207,932 229,232 217,732
SPECIALIZED UNDERGRADUATE PILOT TRAINING.................... 84,291 87,691 79,260 79,260
F-22EMD..................................................... 2,002,959 1,982,459 1,921,621 1,906,021
B-2 ADVANCED TECHNOLOGY BOMBER.............................. 528,454 740,454 528,454 624,454
EW DEVELOPMENT.............................................. 104,423 99,423 104,423 101,923
COMBAT INTELLIGENCE SYSTEM--EMD............................. 1,943 2,943 1,943 2,943
SPACE BASED INFRARED ARCHITECTURE (SPACE)--EMD.............. 173,290 173,290 199,190 199,190
LIFE SUPPORT SYSTEMS........................................ 4,363 5,863 9,363 10,863
COMBAT TRAINING RANGES...................................... 23,018 23,018 23,018 23,018
JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS)...... 11,075 30,875 11,075 30,875
JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM (JSTARS)...... 207,284 203,784 207,284 203,784
JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM)............... 198,632 148,632 198,632 168,632
CONVENTIONAL AIR LAUNCHED CRUISE MISSILE.................... .......... .......... .......... 3,000
THREAT SIMULATOR DEVELOPMENT................................ 43,635 43,635 47,435 55,435
INITIAL OPERATIONAL TEST & EVALUATION....................... 26,921 26,921 21,921 21,921
ROCKET SYSTEMS LAUNCH PROGRAM (SPACE)....................... 8,152 8,152 33,252 33,252
F-15E SQUADRONS............................................. 143,095 158,095 143,095 158,095
TACTICAL AIM MISSILES....................................... 36,382 36,382 31,892 32,882
ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM)........... 25,883 30,883 25,883 25,883
SPECIAL EVALUATION PROGRAM.................................. 53,495 53,495 37,195 37,195
AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM............... 99,050 96,850 99,050 96,850
AIRBORNE WARNING AND CONTROL SYSTEM (AWACS)................. 57,559 57,559 92,459 82,559
ADVANCED PROGRAM TECHNOLOGY................................. 72,501 72,501 69,501 69,501
THEATER BATTLE MANAGEMENT (TBM) C4I......................... 30,915 30,915 35,915 34,415
ADVANCED PROGRAM EVALUATION................................. 198,327 198,327 190,327 190,327
USAF WARGAMING AND SIMULATION............................... 19,361 26,361 26,861 26,361
THEATER MISSILE DEFENSES.................................... 22,285 22,285 34,285 31,285
TECHNICAL EVALUATION SYSTEM................................. 114,603 114,603 102,603 114,603
SPECIAL EVALUATION SYSTEM................................... 41,776 53,476 41,776 41,776
DEFENSE SATELLITE COMMUNICATIONS SYSTEM (SPACE)............. 24,527 28,127 24,527 28,127
MILSTAR SATELLITE COMMUNICATIONS SYSTEM (SPACE)............. 26,962 26,962 20,348 20,348
SELECTED ACTIVITIES......................................... 3,000 .......... 3,000 ..........
SATELLITE CONTROL NETWORK (SPACE)........................... 89,960 86,960 89,960 86,960
AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATC)..... 3,870 3,870 8,870 3,870
TITAN SPACE LAUNCH VEHICLES (SPACE)......................... 105,472 102,472 105,472 102,472
ARMS CONTROL IMPLEMENTATION................................. 26,786 31,386 26,786 29,086
DEFENSE METEOROLOGICAL SATELLITE PROGRAM (SPACE)............ 17,964 17,964 15.664 15,664
NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SP)..... 32,450 24,950 37,450 31,250
SPACETRACK (SPACE).......................................... 18,867 18,867 33,867 33,867
DEFENSE SUPPORT PROGRAM (SPACE)............................. 29,397 26,397 29,397 26,397
C-17 AIRCRAFT............................................... 87,486 87,486 87,486 77,486
INDUSTRIAL PREPAREDNESS..................................... 49,969 51,969 69,969 52,969
PRODUCTIVITY, RELIABILITY, AVAILABILITY, MAINTAIN, PRO...... 13,564 16,564 18,064 16,564
SUPPORT SYSTEMS DEVELOPMENT................................. 5,405 5,405 5,405 8,405
AIRBORNE RECONNAISSANCE GROUND STATION...................... .......... .......... 2,419 ..........
DISTRIBUTED COMMON GROUND STATION........................... .......... .......... 5,116 ..........
ADVANCED SENSOR DEVELOPMENT................................. .......... .......... 66,367 ..........
ADVANCED TECHNOLOGY AND SENSORS............................. .......... .......... 17,523 ..........
COMMON DATA LINK............................................ .......... .......... 22,931 ..........
U-2......................................................... .......... .......... 28,918 ..........
COMMON IMAGERY GROUND SURFACE SYSTEM........................ .......... .......... 55,280 ..........
CLASSIFIED PROGRAMS......................................... 4,844,501 4,862,501 4,702,927 4,576,857
COBRA BALL (FLD)............................................ .......... .......... 5,000 5,000
----------------------------------------------------------------------------------------------------------------
explanation of project level adjustments
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Defense Research Sciences.................................... 234,475 234,475 226,475 219,475
Program Reduction........................................ .......... ........... -8,000 -15,000
National Solar Observatory............................... .......... (650) (650) (650)
Materials.................................................... 72,360 79,360 72,360 80,860
Composite Material Research.............................. .......... 5,000 ........... 7,500
Advanced Paint Systems................................... .......... 2,000 ........... 1,000
Reentry Materials Development............................ .......... (3,500) (3,500) (3,500)
[Note: The conferees direct that $1,500,000 of these funds
shall be used for the manufacture of carbon/carbon nosetips]
Aerospace Flight Dynamics.................................... 65,080 72,280 65,080 65,080
Precision Airdrop Technology............................. .......... 1,800 ........... ...........
Firefighting Equipment................................... .......... 3,500 ........... ...........
Landing Gear Technology.................................. .......... 900 ........... ...........
Injection Molding Tehnology.............................. .......... 1,000 ........... ...........
Armstrong Lab Development.................................... 87,103 91,103 87,103 89,103
Helmet Mounted Display................................... .......... 4,000 ........... 2,000
Aerospace Propulsion......................................... 74,906 83,406 74,906 74,906
Fuel Filter Research..................................... .......... 4,000 ........... ...........
High Temperature Lubricants.............................. .......... 1,500 ........... ...........
Vacuum Tub Transmit Amplifiers........................... .......... 3,000 ........... ...........
Thermally Stable Coal Derived Jet Fuels.................. .......... ........... (3,000) (3,000)
Phillips Lab Exploratory Development......................... 121,107 148,007 135,607 153,507
IHRPT.................................................... .......... 7,000 7,000 5,000
RSLP..................................................... .......... 9,800 ........... 9,800
Mightysat................................................ .......... 10,100 ........... 10,100
High Frequency Active Auroral Research Program........... .......... ........... 7,500 7,500
Advanced Materials for Weapons Systems....................... 23,803 26,303 23,803 26,303
Metal Fatigue Monitoring Technology...................... .......... 2,500 ........... 2,500
Infared Suppression Materials............................ .......... ........... (3,000) (3,000)
Crew Systems and Personnel Protection Technology............. 17,969 24,969 17,969 22,969
Ejection Seat Technology................................. .......... 5,000 ........... 5,000
Life Support Technology.................................. .......... 2,000 ........... ...........
Electronic Combat Technology................................. 25,202 30,102 25,202 27,602
Laser IR Countermeasures................................. .......... 5,000 ........... 2,400
Space and Missile Rocket Propulsion.......................... 15,740 25,740 15,740 23,240
IHRPT.................................................... .......... 5,000 ........... 2,500
Pentaborane is Disposal.................................. .......... 2,000 ........... 2,000
Low Cost EELV............................................ .......... 3,000 ........... 3,000
Advanced Spacecraft Technology............................... 39,637 70,637 89,637 76,637
Reusable Launch Vehicles................................. .......... 25,000 ........... 10,000
MSTI..................................................... .......... 3,000 ........... 2,000
Power Storage Technology................................. .......... 2,000 ........... ...........
Clementine II............................................ .......... ........... 50,000 25,000
Advanced Weapons Technology.................................. 41,895 66,895 61,895 56,895
Space Laser Imaging Technology........................... .......... 15,000 10,000 10,000
Laser Induced Microwave Emissions........................ .......... 10,000 10,000 5,000
Space Based Infrared Architecture............................ 120,151 249,151 254,151 249,151
SMTS..................................................... .......... 134,000 134,000 134,000
Program Support.......................................... .......... -5,000 ........... -5,000
Space Architect Office....................................... 15,000 15,000 10,601 11,601
O&M; Transfer/Studies..................................... .......... ........... -3,399 -2,399
Studies.................................................. .......... ........... -1,000 -1,000
B1-B......................................................... 220,932 207,932 229,232 217,732
DSUP..................................................... .......... ........... 10,000 6,000
Data Links............................................... .......... ........... 13,000 5,550
ECM Source Selection..................................... .......... -6,500 ........... ...........
Mission Support Costs.................................... .......... -6,500 ........... ...........
Excess Funds............................................. .......... ........... -14,700 -14,700
Specialized Undergraduate Pilot Training..................... 84.291 87,691 79,260 79,260
JPATs Ground Based Training.............................. .......... 3,400 ........... ...........
Excess Funds............................................. .......... ........... -9,231 -9,231
T-38 Avionics Upgrade.................................... .......... ........... 4,200 4,200
F-22 EMD..................................................... 2,002,959 1,982,459 1,921,621 1,906,021
Award Fee................................................ .......... -20,500 ........... -15,600
Procurement Transfer..................................... .......... ........... -81,338 -81,338
F-22 Two-seat Trainer Study.............................. .......... ........... (1,000) (1,000)
B-2 Advanced Technology Bomber............................... 528,454 740,454 528,454 624,454
Post Block-30 Improvements............................... .......... 232,000 ........... 116,000
Curtailment Tooling...................................... .......... -20,000 ........... -20,000
Life Support Systems......................................... 4,363 5,863 9,363 10,863
Ejection Seat Demo....................................... .......... 1,500 ........... 1,500
Laser Eye Protection..................................... .......... ........... 5,000 5,000
Dielectric Technology.................................... .......... ........... (2,500) (2,500)
Threat Simulator Development................................. 43,635 43,635 47,435 55,435
Emitter Modifications.................................... .......... ........... 9,000 5,000
Redcap Operations........................................ .......... ........... 1,600 1,600
Redcap Option C.......................................... .......... ........... 2,200 2,200
Redcap Option E.......................................... .......... ........... 6,000 3,000
ECIT..................................................... .......... ........... -15,000 ...........
Theater Battle Management (TBM) C4I.......................... 30,915 30,915 35,915 34,415
TBM Core Systems......................................... .......... ........... 5,000 3,500
USAF Wargaming and Simulation................................ 19,361 26,361 26,861 26,361
WPAFB Simulation Facility................................ .......... 7,000 7,500 7,000
Theater Missile Defense...................................... 22,285 22,285 34,285 31,285
UH-1N Simulator for TACCSF............................... .......... ........... 9,000 7,000
TACCSF Adv distributed simulation connection............. .......... ........... 3,000 2,000
Arms Control Implementation.................................. 26,786 31,386 26,786 29,086
Seismic Research......................................... .......... 4,600 ........... 2,300
Navstar GPS (User Equipment)................................. 32,450 24,950 37,450 31,250
Program Reduction........................................ .......... -7,500 ........... -3,700
GPS Protection........................................... .......... ........... 5,000 2,500
Spacetrack................................................... 18,867 18,867 33,867 33,867
AEOS..................................................... .......... ........... 8,500 8,500
AMOS..................................................... .......... ........... 6,500 6,500
(Note: The conferees direct that $1,700,000 of the AEOS
increase shall be available to continue development of the
AEOS spectrograph)
Industrial Preparedness...................................... 49,969 51,969 69,969 52,969
General Increase......................................... .......... 2,000 11,400 3,000
SPARES................................................... .......... ........... 5,400 ...........
Hazmat Pats.............................................. .......... ........... 3,200 ...........
Productivity, Reliability, Availability, Maintain, Program... 13,564 16,564 18,064 16,564
Blade Repair Program Modeling............................ .......... 3,000 4,500 3,000
Support Systems Development.................................. 5,405 5,405 5,405 8.405
SPARES................................................... .......... ........... ........... 3,000
[Note: SPARES program transferred from Industrial
Preparedness program element]
Cobra Ball................................................... .......... ........... +5,000 +5,000
FLD advanced airborne sensor............................. .......... ........... +5,000 +5,000
----------------------------------------------------------------------------------------------------------------
intercontinental ballistic missile--demonstration/validation
The conferees agree to add $17,700,000 to this program
element and direct that these funds may be used to develop both
Global Positioning System (GPS) range safety modifications and
improved accuracy capabilities for conventional ICBM precision
strike.
evolved expendable launch vehicle (EELV) Program
The conferees do not agree to the Senate provision which
directed that the use of the Centaur Processing Facility at
Cape Canaveral Air Force Station be included in the baseline
specifications and requirements of the EELV family of space
boosters.
F-22B two-seat trainer aircraft
The conferees recognize the serious safety, operational,
training, cost, budgetary, and technical issues associated with
the Air Force's decision to terminate development of the two-
seat trainer variant of the F-22 advanced tactical fighter. The
conferees agree to include the Senate's statutory provision
requiring the Secretary of the Air Force to submit a detailed
assessment of these issues not later than February 15, 1997.
b-2 bomber upgrades
The conferees express serious concern with the pace of
the Air Force's plans to incorporate precision conventional
bombing capability on the B-2 bomber. The B-2 will represent
the most modern deep-strike platform the United States will
possess for the foreseeable future. The Air Force has
identified enhancements which it believes could be accommodated
on the B-2. The conferees believe the schedule for the upgrades
must be accelerated. Accordingly, the conferees have approved
$116,000,000 for this package and direct the Air Force to
prioritize enhancements within that amount. The conferees also
encourage the Air Force to include funds for B-2 enhancements
in its fiscal year 1998 budget submission.
threat simulator development
The conferees agree to provide an increase of $5,000,000
only to provide additional electronic combat threat simulator
capabilities at the Eglin Air Force Base electronic combat test
and training range. The Commander, Air Force Special Operations
Command, and the Director, Air Force Test and Evaluation, shall
mutually define the requirements for additional electronic
combat test and training resources at Eglin and shall use the
available funds to acquire the necessary capability. The
conferees understand that the requirements may include a need
for full Emitter Receiver Processor (ERP) instrumented threat
simulators to ensure realistic training.
awacs
The conferees agree to provide $82,559,000 for AWACS, an
increase of $25,000,000 only for an AWACS reengining program.
The conferees direct the Air Force to provide a detailed report
to the Committee on Appropriations on the schedule, technical
risks, annual and total program costs, and acquisition strategy
not later than April 1, 1997. The Air Force is further directed
to consult with the Committees on Appropriations well in
advance of selecting an acquisition strategy involving the
leasing of engines.
arms control implementation
The Air Force requested $26,786,000 for arms control
implementation. The conferees recommend $29,086,000, an
increase of $2,300,000. This increase provides a total of
$8,800,000 for CTBT monitoring research. Of this amount
$7,100,000 shall be available only for peer-reviewed basic
research in the field of explosion seismology, and $1,700,000
shall be available for research efforts in complementary
disciplines, such as hydroacoustics, infrasound and
radionuclide analyses. The conferees direct the Department to
maintain its successful collaboration with the external
research community and to continue to award these funds through
a competitive peer panel review process, which includes non-
governmental reviewers from the external research community as
panel members.
The conferees direct that the $8,800,000 for nuclear test
monitoring research can be used only to support documented Air
Force operational monitoring requirements. Further, the
conferees direct the Department to provide sufficient funding
in future year budget requests to provide for a stable and
robust seismic research program.
The conferees also commend the nuclear test monitoring
work of the Air Force Phillips Laboratory and are concerned
that a reorganization of these activities may adversely impact
vital nuclear test monitoring efforts. The conferees direct
that the Department report to Congress 60 days before
implementing any reorganization impacting Phillips Laboratory
seismic research activities and personnel.
podded reconnaissance system
The conferees direct the Office of the Secretary of
Defense to strongly consider conducting a competitive fly-off
of industry provided equipment for the second sensor to be
provided under the Tactical Airborne Reconnaissance System pre-
planned product improvement effort. A report on the results of
these considerations as to the advantages and disadvantages of
such an acquisition strategy, including the impact of such a
strategy on inter-service interoperability and commonality of
systems and imagery products and cost effectiveness of current
and leading-edge technologies, shall be submitted to the
Committees on Appropriations not later than April 15, 1997.
Research, Development, Test and Evaluation, Defense-Wide
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
RESEARCH DEVELOPMENT TEST & EVAL DEFWIDE
IN-HOUSE LABORATORY INDEPENDENT RESEARCH.... 2,154 3,454 2,154 3,154
DEFENSE RESEARCH SCIENCES................... 74,923 74,923 95,223 89,223
UNIVERSITY RESEARCH INITIATIVES............. 209,235 229,235 223,235 220,235
FOCUSED RESEARCH INITIATIVES................ 15,580 15,580 2,988 ..............
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM..... 28,739 30,939 28,739 29,939
ASAT PROGRAM................................ .............. .............. 75,000 50,000
SUPPORT TECHNOLOGIES/FOLLOW-ON TECHNOLOGIES
EXPLORATOR................................. 94,023 94,023 104,023 104,023
MEDICAL FREE ELECTRON LASER................. 23,457 20,457 23,457 20,457
LINCOLN LABORATORY RESEARCH PROGRAM......... 20,068 10,568 20,068 20,068
COMPUTING SYSTEMS AND COMMUNICATIONS
TECHNOLOGY................................. 346,957 346,957 338,057 325,057
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM..... 65,273 65,273 73,173 69,273
TACTICAL TECHNOLOGY......................... 117,944 128,944 112,744 123,244
INTEGRATED COMMAND AND CONTROL TECHNOLOGY... 45,000 47,000 65,000 61,000
MATERIALS AND ELECTRONICS TECHNOLOGY........ 218,539 225,539 222,339 222,839
DEFENSE NUCLEAR AGENCY...................... 195,131 218,131 195,593 195,593
EXPLOSIVES DEMILITARIZATION TECHNOLOGY...... .............. 15,000 22,000 12,000
DEMINING.................................... 7,746 7,746 18,046 14,746
COUNTERTERROR TECHNICAL SUPPORT............. 16,521 16,521 22,521 21,521
COUNTERPROLIFERATION SUPPORT--ADV DEV....... 54,142 54,142 61,610 58,610
SUPPORT TECHNOLOGIES/FOLLOW-ON TECHNOLOGIES--
ADVANCE.................................... 132,319 172,319 272,319 262,319
JOINT DOD-DOE MUNITIONS TECHNOLOGY
DEVELOPMENT................................ 16,158 16,158 21,158 18,158
EXPERIMENTAL EVALUATION OF MAJOR INNOVATIVE
TECHNOLOGIES............................... 635,553 678,953 .............. ..............
ROCKET LAUNCH FACILITY UPGRADES............. .............. .............. 10,000 10,000
COMMAND, CONTROL AND COMMUNICATION SYSTEMS.. .............. .............. 105,679 105,679
COMMUNICATIONS AND SIMULATION TECHNOLOGY.... .............. .............. 133,118 130,118
SENSORS AND GUIDANCE TECHNOLOGY............. .............. .............. 94,477 110,977
MARINE TECHNOLOGY........................... .............. .............. 44,726 41,226
LAND WARFARE TECHNOLOGY..................... .............. .............. 61,966 62,066
CHEMICAL AND BIOLOGICAL DEFENSE POGRAM--
ADVANCED DEV............................... 41,685 43,485 41,685 43,485
GENERIC LOGISTICS R&D; TECHNOLOGY
DEMONSTRATIONS............................. 18,162 18,162 20,162 21,162
STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM.... 54,880 57,880 59,880 54,880
JOINT TECHNOLOGY INSERTION PROGRAM.......... 14,523 .............. 2,523 ..............
COOPERATIVE DOD/VA MEDICAL RESEARCH......... .............. 25,000 25,000 21,500
ADVANCED ELECTRONICS TECHNOLOGIES........... 332,100 352,100 333,100 368,100
MARITIME TECHNOLOGY......................... 37,408 37,408 50,000 50,000
ELECTRIC VEHICLES........................... .............. 15,000 20,000 15,000
ADVANCED CONCEPT TECHNOLOGY DEMONSTRATIONS.. 98,471 38,609 78,471 58,471
COMMERCIAL TECHNOLOGY INSERTION PROGRAM..... 48,411 .............. 20,000 10,000
HIGH PERFORMANCE COMPUTING MODERNIZATION
PROGRAM.................................... 99,880 61,380 124,880 124,880
DUAL USE APPLICATIONS PROGRAMS.............. 250,000 .............. 100,000 85,000
DARPA CLASSIFIED PROGRAMS................... .............. .............. 220,638 180,638
JOINT ROBOTICS PROGRAM...................... 23,744 28,744 31,744 28,744
ADVANCED SENSOR APPLICATIONS PROGRAM........ 24,001 26,501 28,001 25,501
CALS INITIATIVE............................. 1,936 1,936 15,936 15,936
NATO RESEARCH AND DEVELOPMENT............... 22,776 .............. 22,776 10,000
ENVIRONMENTAL SECURITY TECHNICAL
CERTIFICATION PROGRAM...................... 14,155 14,155 22,155 22,155
THEATER HIGH-ALTITUDE AREA DEFENSE SYSTEM--
TMD--DEM/.................................. 269,000 409,000 304,000 344,000
CORPS SURFACE-TO-AIR MISSILE--TMD--DEM/VAL.. 56,232 .............. 56,200 30,000
BOOST PHASE INTERCEPT THEATER MISSILE
DEFENSE ACQUISITION........................ .............. .............. 24,300 24,300
NATIONAL MISSLE DEFENSE--DEM/VAL............ 508,437 858,437 808,437 833,437
OTHER THEATER MISSILE DEFENSE/FOLLOW-ON TMD
ACTIVITIES................................. 520,111 520,111 515,743 525,511
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM--DEM/
VAL........................................ 54,511 54,511 47,511 49,511
ENDURANCE UNMANNED AERIAL VEHICLES.......... .............. .............. 175,247 ..............
GENERAL REDUCTION--BMD...................... .............. -15,000 .............. ..............
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM--EMD 89,915 97,115 89,915 99,515
THEATER HIGH-ALTITUDE AREA DEFENSE SYSTEM--
TMD--EMD................................... 212,798 212,798 317,798 277,798
TECHNICAL STUDIES, SUPPORT ANALYSIS......... 35,101 .............. 31,248 31,248
TECHNICAL ASSISTANCE........................ 4,785 .............. 4,785 ..............
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM..... 16,708 22,708 16,708 16,708
DEFENSE SUPPORT ACTIVITIES.................. 13,796 13,796 16,796 16,796
MANAGEMENT HEADQUARTERS (RESEARCH AND
DEVELOPMENT)............................... 36,369 32,643 36,369 34,469
DMA MAPPING, CHARTING, AND GEODESY (MC&G;)
PRODUCTION................................. 100,997 90,997 100,997 90,997
DEFENSE AIRBORNE RECONNAISSANCE PROGRAM..... 438,559 562,059 .............. 487,059
DEFENSE RECONNAISSANCE SUPPORT ACTIVITIES
(SPACE).................................... 55,911 55,911 92,511 87,511
SPECIAL OPERATIONS TECHNOLOGY DEVELOPMENT... 4,083 6,083 4,083 6,083
SPECIAL OPERATIONS TACTICAL SYSTEMS
DEVELOPMENT................................ 83,923 89,323 98,074 97,874
SPECIAL OPERATIONS INTELLIGENCE SYSTEMS
DEVELOPMENT................................ 1,315 2,315 1,315 2,315
SOF OPERATIONAL ENHANCEMENTS................ 23,216 28,716 23,216 30,216
CLASSIFIED PROGRAMS......................... 1,202,794 1,323,132 1,231,794 1,238,794
DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION. .............. .............. 12,000 ..............
AGILE FORT DEMO............................. .............. .............. .............. 5,000
AIRFIELD SURFACE TRAFFIC MONITOR............ .............. .............. .............. 2,000
----------------------------------------------------------------------------------------------------------------
explanation of project level adjustments
[In thousands]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Defense Research Sciences.................................... 74,923 74,923 95,223 89,223
Optoelectronic consortia................................. .......... ........... +25,000 +15,000
Gallium nitride.......................................... .......... ........... -2,700 -2,700
Ultraphotonics........................................... .......... ........... -2,300 -2,300
Wavelength converting devices applied to WDM lightpath
channels [Note: The performing institution should build
on existing research to model, design and evaluate
wavelength division multiplex (WDM) networks which
integrate limited wavelength converting devices to
efficiently support lightpaths.]........................ .......... ........... +300 +300
Discovery center of science & technology................. .......... ........... ........... 4,000
Defense technology transfer pilot program................ .......... ........... (3,000) (2,000)
University Research Initiatives.............................. 209,235 229,235 223,235 220,235
DEPSCOR.................................................. .......... +20,000 +20,000 +17,000
Cold climate energy generating/conserving tech dev....... .......... ........... +1,000 +1,000
Southern observatory for astronomical research........... .......... ........... +3,000 +3,000
Senate authorization reduction........................... .......... ........... -10,000 -10,000
Computing Systems and Communications Technology.............. 346,957 346,957 338,057 325,057
Text, video, speech...................................... .......... ........... -4,900 -1,900
Evolutionary design of complex software.................. .......... ........... -4,000 ...........
Multithread architecture experimental computer........... .......... ........... (7,000) (4,000)
General reduction........................................ .......... ........... ........... -20,000
Chemical and Biological Defense Program...................... 65,273 65,273 73,173 69,273
Safeguard................................................ .......... ........... +7,900 +4,000
Tactical Technology.......................................... 117,944 125,944 112,744 123,244
Ship system automation................................... .......... +5,000 ........... +2,500
Virtual reality and simulation based design.............. .......... +3,000 +5,000 +3,000
Collaborative crisis understanding and mitigation........ .......... ........... -7,700 -4,700
Fast computational algorithms............................ .......... ........... -5,000 -5,000
Small low-cost interceptor device (SLID)................. .......... ........... +3,000 +1,500
Holographic storage technology........................... .......... ........... +2,000 +1,000
Center of excellence for research in ocean sciences...... .......... ........... +7,000 +7,000
Ship system automation (transfer)........................ .......... ........... -9,500 ...........
Integrated Command and Control Technology.................... 45,000 47,000 65,000 61,000
Optoelectronic digital camera............................ .......... +2,000 ........... +1,000
Flat panel display program increase...................... .......... ........... +20,000 +15,000
Materials and electronics technology......................... 218,539 225,539 222,339 222,839
Seamless high off-chip connectivity...................... .......... +7,000 +5,000 (5,000)
High temperature superconducting/cryogenic electronics... .......... +10,000 +8,000 +7,000
Thermal management diamond............................... .......... ........... +4,000 +3,000
Hard carbon-based coatings............................... .......... ........... +3,000 +2,000
Advanced materials partnerships.......................... .......... ........... -5,000 -2,500
Healthcare information infrastructure.................... .......... ........... -7,500 -7,500
Nonvolatile memory....................................... .......... ........... -3,700 -3,700
New materials research [Note: The conferees direct that
$6,000,000 is available only for new materials
research.].............................................. .......... ........... ........... +6,000
Defense Nuclear Agency....................................... 195,131 218,131 195,593 195,593
Bioenvironmental hazards research........................ .......... +5,000 +5,000 +5,000
Counter-terrorist explosive research..................... .......... +8,000 ........... +4,000
Thermionics.............................................. .......... +10,000 ........... +3,000
Deep digger.............................................. .......... ........... +3,000 +2,000
TOPAZ international program.............................. .......... ........... -15,538 -15,538
Johnston Island remediation.............................. .......... ........... +8,000 +2,000
[Note: The conferees direct that up to $4,800,000 shall be
made available only to terminate the Topaz space nuclear
reactor program.]
Explosives Demilitarization Technology....................... .......... 15,000 22,000 12,000
Explosives demilitarization technology [Note: The
conferees direct that $6,000,000 is available only for
Navy Control Burn and $2,000,000 is available only for
Air Force Cryogenic Washout.]........................... .......... +15,000 ........... +12,000
Tri-service demilitarization program..................... .......... ........... +19,000 ...........
Energetic material resource recovery and reuse........... .......... ........... +3,000 (2,000)
Counterproliferation Support................................. 54,142 54,142 61,610 58,610
High frequency active auroral research program........... .......... ........... +7,500 +7,500
Alternative agent defeat concept......................... .......... ........... -3,032 -3,032
Surgical strike vehicle.................................. .......... ........... +3,000 ...........
Support Technologies/Follow-on Technologies.................. 132,319 172,319 272,319 262,319
RAMOS.................................................... .......... ........... 20,000 +10,000
Advanced Interceptor Technology.......................... .......... 40,000 40,000 +40,000
Advanced technology development (seekers, interceptors,
photon laser spacecraft, scorpius, directed energy etc.) .......... ........... 80,000 +10,000
Space-based laser........................................ .......... ........... ........... +70,000
Command, control, and communications systems................. 115,679 ........... 105,679 105,679
Command and control information systems.................. .......... ........... 47,765 47,765
Information integration systems.......................... .......... ........... 67,914 67,914
Dynamic multi-user information fusion.................... .......... ........... -5,000 -5,000
Joint forward air combat controller...................... .......... ........... -5,000 -5,000
Communications and simulation technology..................... 130,118 ........... 133,118 130,118
Advanced simulation...................................... .......... ........... 48,419 48,419
Global grid communications............................... .......... ........... 42,024 42,024
Defense simulation internet.............................. .......... ........... 39,675 39,675
Disaster relief and emergency medical services........... .......... +8,000 +8,000 +8,000
Operational simulation technology........................ .......... ........... -5,000 -8,000
Sensors and guidance technology.............................. 101,477 ........... 94,477 110,977
Guidance technology program.............................. .......... ........... 10,499 10,499
Air defense initiative................................... .......... ........... 21,777 21,777
Sensor and exploitation systems.......................... .......... ........... 69,201 69,201
Large millimeter wave telescope.......................... .......... ........... +3,000 +1,500
Semiautomated IMINT processing........................... .......... ........... -10,000 -5,000
Geosar................................................... .......... +10,000 ........... +13,000
Marine technology............................................ 35,226 ........... 44,726 41,226
Advanced ship-sensor systems............................. .......... ........... 18,844 18,844
Fast ship/future ship.................................... .......... ........... 16,382 16,382
Ship systems automation (transfer)....................... .......... ........... +9,500 ...........
Shallow water anti-submarine warfare..................... .......... +10,000 ........... +6,000
Land warfare technology...................................... 67,666 ........... 61,966 62,066
Combat hybrid power systems.............................. .......... ........... 15,000 15,000
Small unit operations.................................... .......... ........... 52,666 52,666
Joint DARPA/NASA thermophotovoltaics..................... .......... ........... +10,000 +5,000
2 megawatt carbonate-based fuel cell..................... .......... ........... +4,300 +2,400
Combat hybrid power systems.............................. .......... ........... -5,000 -5,000
Small unit operations.................................... .......... ........... -15,000 -10,000
Helicopter active structural control..................... .......... +3,000 ........... +2,000
Generic Logistics R&D; Technology............................. 18,162 18,162 20,162 21,162
Lead time and cost reduction program increase............ .......... ........... +2,000 +2,000
Military cargo methods................................... .......... ........... ........... +1,000
Strategic Environmental Research Program..................... 54,880 57,880 59,880 54,880
Health & safety demonstration............................ .......... +3,000 ........... (3,000)
Insensitive munitions.................................... .......... ........... +5,000 (4,000)
Cooperative DoD/VA Medical Research.......................... .......... +25,000 +25,000 +21,500
Collaborative brain research............................. .......... +6,500 ........... +6,500
DoD/VA cooperative research.............................. .......... +18,500 +25,000 +15,000
Advanced Electronics Technologies............................ 332,100 352,100 333,100 368,100
Plasma process equipment for microelectromechanical...... .......... +5,000 ........... +5,000
Electronic commerce resource centers..................... .......... +15,000 ........... +15,000
Integrated point source system........................... .......... ........... +11,000 +11,000
X-ray lithography and mask tech transfer................. .......... ........... -12,000 ...........
Piezoelectric microelectromechanical systems............. .......... ........... +2,000 +2,000
U.S.-Japan Training...................................... .......... ........... (10,000) (7,000)
Laser plasma x-ray source technology..................... .......... ........... ........... 3,000
LAST Center.............................................. .......... ........... ........... (15,000)
Electric Vehicles............................................ .......... 15,000 20,000 15,000
Electric vehicle technology.............................. .......... +15,000 ........... ...........
Electric and hybrid electric vehicle consortia program... .......... ........... +20,000 +15,000
Advanced Concept Technology Demonstrations................... 98,471 38,609 78,471 58,471
Program growth........................................... .......... -59,862 -20,000 -40,000
Near shore tactical reconnaissance ACTD [Note: The
conferees direct that from within available funds,
$3,000,000 is available only for Near Shore Tactical
Reconnaissance.]........................................ .......... ........... ........... (3,000)
Commercial Technology Insertion Program...................... 48,411 ........... 20,000 10,000
HNSC reduction........................................... .......... -48,411 -28,411 -38,411
Weapons team engagement trainer.......................... .......... ........... (1,000) (1,000)
High Performance Computing Modernization Program............. 99,880 61,380 124,880 124,880
(Transfer to procurement account)........................ .......... -38,500 ........... ...........
Sustainment and operations (non-military sites).......... .......... ........... +25,000 +25,000
DARPA classified programs.................................... 170,638 170,638 220,638 180,638
Classified programs...................................... .......... ........... 170,638 +170,638
Classified DARPA initiative.............................. .......... ........... 50,000 +10,000
Joint Robotics Program....................................... 23,744 28,744 31,744 28,744
Joint robotics........................................... .......... +5,000 ........... +1,000
Mobile detection and assessment response system.......... .......... ........... +8,000 +4,000
Advanced Sensor Applications Program......................... 24,001 26,501 28,001 25,501
Ocean remote sensing..................................... .......... +2,500 ........... 2,500
Submarine detection system competition................... .......... ........... +10,000 5,000
LGA physics.............................................. .......... ........... -6,000 -6,000
Ocean remote sensing..................................... .......... (5,000) ........... (4,000)
CALS Initiative.............................................. 1,936 1,936 15,936 15,936
Rapid acquisition of manufactured parts (RAMP)........... .......... ........... +10,000 +10,000
Integrated weapon systems data base (IWSDB).............. .......... ........... +4,000 +4,000
Other Theater Missile Defense/Follow-on TMD.................. 520,111 520,111 515,743 525,511
ARROW deployability project.............................. 31,300 ........... +3,700 +3,700
TMD existing systems modifications--EAGLE................ .......... ........... -19,766 -19,766
U.S./Israel boost phase intercept........................ .......... ........... -9,300 -9,300
Advanced Research Center................................. .......... ........... +7,000 +7,000
Cooperative engagement capability integration............ .......... ........... +5,000 +4,000
Airborne sensors for ballistic missile tracking.......... .......... ........... +19,766 +19,766
Kauai test facility at PMRF.............................. .......... ........... (5,000) (5,000)
General program reduction................................ .......... ........... -10,768 ...........
Endurance Unmanned Aerial Vehicles........................... .......... ........... 175,247 ...........
Endurance UAV--common.................................... .......... ........... 71,642 ...........
Low observable-high altitude UAV......................... .......... ........... 17,428 ...........
HAE-conventional UAV..................................... .......... ........... 71,428 ...........
Tier III Minus UAV....................................... .......... ........... 14,749 ...........
General Reduction............................................ .......... -15,000 ........... ...........
HNSC general reduction................................... .......... -15,000 ........... ...........
Chemical and Biological Defense Program--EMD................. 89,915 97,115 89,915 99,515
Biological warfare countermeasures....................... .......... +7,200 ........... +4,200
Bio medical (transferred from procurement, defense-wide). .......... ........... ........... +5,400
Defense Airborne Reconnaissance Program...................... 438,559 562,059 ........... 487,059
.......... +123,500 -438,559 ...........
Darkstar................................................. .......... ........... ........... +28,500
Global Hawk.............................................. .......... ........... ........... -10,000
CIGSS.................................................... .......... ........... ........... +7,500
EO Framing............................................... .......... ........... ........... +10,000
VTOL..................................................... .......... ........... ........... +15,000
MSAG..................................................... .......... ........... ........... +4,000
CDL...................................................... .......... ........... ........... -6,500
Defense Reconnaissance Support Activities (Space)............ 55,911 55,911 92,511 87,511
Application of DoD satellites to national needs Pacific
Disaster Center [Note: The conferees direct that the
disaster-related modeling and simulation efforts utilize
the existing high performance computing capabilities
available in the Pacific, including parallel processing
and advanced storage technology, to decrease the time
needed to render and display these models.]............. .......... ...........
........... +28,600
+8,000 +23,600
+8,000
Special Operations Tactical Systems Development.............. 83,923 89,323 98,074 97,874
Advanced seal delivery system............................ .......... +4,400 ........... +2,800
Full authority digital control........................... .......... +1,000 ........... +1,000
Rigid hull inflatable boat............................... .......... ........... +4,451 +4,451
Special operations command integration center............ .......... ........... +4,000 ...........
Penetration augmented munitions.......................... .......... ........... +3,800 +3,800
Integrated night/day observation/fire control device
(INOD).................................................. .......... ........... +1,900 +1,900
SOF Operational Enhancements................................. 23,216 28,716 23,216 30,216
Counterproliferation/wmd................................. .......... +5,500 ........... +4,000
Advanced special warfare craft [Note: The conferees
direct that $3,000,000 is only for the advanced special
warfare craft.]......................................... .......... ........... ........... +3,000
Classified Programs.......................................... 1,202,794 1,323,132 1,231,794 1,238,794
Increases to classified programs......................... .......... +120,338 +29,000 +36,000
----------------------------------------------------------------------------------------------------------------
other theater missile defense/follow-on tmd
The conferees agree with the Senate direction that the
Under Secretary of Defense (Acquisition and Technology)
(USD(A&T;)) provide a plan for developing an airborne sensor
capability for tracking ballistic missiles. The conferees
further believe that analyses to develop this plan should
consider the opportunity to use the Airborne Laser sensors to
perform this mission. The conferees direct that operational
user requirements and perspectives and total program cost be
given priority consideration in selecting a system to provide
this capability. Because of the urgent need to deliver such a
system, the conferees direct that the USD(A&T;) provide a plan
not later than January 19, 1997, for developing this capability
and allocating the appropriated funds. The conferees further
direct that DoD may obligate up to one-third of the
appropriated funds prior to the delivery of the plan to the
congressional defense committees. The conferees further direct
that any funds obligated prior to delivery of the required plan
shall be divided fairly between the AWACS EAGLE program and the
Rivet Joint Technology Transfer program.
u.s.-israel boost phase intercept program
The conferees endorse the joint effort between the United
States and Israel to develop a kinetic energy boost phase
interception system based on an unmanned aerial vehicle. This
technological approach contains great promise for intercepting
ballistic missiles over enemy territory and complements other
ongoing U.S. and Israeli TMD efforts. It is the expectation of
the conferees that, to make greatest use of the investment and
technological progress already made by our allies, the U.S.-
Israel joint effort will be based upon Israel's boost phase
intercept (IBIS) concept.
national missile defense
The conferees direct the Ballistic Missile Defense
Organization to provide $23,000,000 for the Air Force National
Missile Defense (NMD) initiative. The conferees express their
support for development and test activities which allow the
Defense Department to fully explore the Air Force concept, to
include utilizing the test facilities which provide a realistic
and representative test scenario. The conferees direct that the
Secretary of Defense shall concurrently inform the
congressional defense committees on the report required under
section 245 of the National Defense Authorization Act for
Fiscal Year 1997.
Advanced electronics technology
The conferees have fully funded the budget request for
the advanced lithography program which includes $25,000,000 for
proximity x-ray, of which $15,000,000 shall be available only
for the Lithographic and Alternative Semiconductor Processing
Techniques (LAST) Center. Since the LAST Center complements a
wide array of research that is important to military
electronics, the conferees direct the Department of Defense to
budget for the LAST Center in the Navy Industrial Preparedness
program element in the fiscal year 1998 budget submission. The
conferees have also provided an increase of $14,000,000 in this
program element for additional lithography projects as outlined
in the table.
electronic commerce resource centers
The conferees agree to provide an increase of $15,000,000
for the Electronic Commerce Resource Centers (ECRC) program
only for the establishment and operation of five additional
Regional ECRC's. The conferees expect the Department to act
expeditiously and urge that final decisions on the
establishment of the five additional ECRCs be made within 90
days of the enactment of this act. The conferees are pleased
with the progress of the ECRC program, which is an integral and
fundamental component of the Department's efforts to streamline
and reduce DoD acquisition costs. The conferees continue to
support managerial oversight of this program by the Deputy
Under Secretary of Defense (Logistics) in order to fully
capitalize on and expand the use of electronic commerce
technologies. In recognition of the program's ability to
benefit commercial business activities, the Department is
directed to submit a plan to the congressional defense
committees no later than March 15, 1997, showing how Regional
ECRC's can be increasingly supported by non-governmental
activities and be entirely self-sustaining in five years. This
plan shall also identify additional areas in the Department of
Defense that could benefit from the use of electronic commerce
technology and explain how ECRC's can be used to meet these
emerging requirements. The conferees expect the Department to
submit a fully funded ECRC program in its fiscal year 1998
budget submission.
optical correlator
The conferees are aware that recent advances in optical
correlators make them practical for several key military and
civilian applications. One is the rapid processing of images
and information for real-time automatic target recognition to
support precision-guided weapons and target cueing for
surveillance systems; another is the rapid and detailed
processing of data collected by medical instruments to detect
and locate a variety of previously difficult-to-detect objects
in the body; and, within the criminal justice system, its
ability to rapidly scan and match massive amounts of data, such
as fingerprints.
The conferees are encouraged by the recently increased
interest expressed by DoD in optical correlators, particularly
for the F/A-18 and several guided missile programs. Therefore
the conferees direct the military services and DoD program
offices seeking to develop or procure automatic target
recognition (ATR) or cueing capabilities to immediately
leverage this unique dual use technology and provide additional
funds, within current program appropriations, to accelerate the
introduction of optical correlators into their weapon
inventories. The Secretary of Defense shall provide a report on
this effort to the congressional defense committees by January
31, 1997.
Advanced sensor applications program
The conferees have provided $5,000,000 for a technology
evaluation of systems performing selected non-acoustic
antisubmarine warfare missions. The conferees direct that other
concepts be given an opportunity to be evaluated. In
particular, the conferees are aware of a system which should be
included in this competition which takes advantage of the
collection and processing of hyperspectral data. The conferees
further direct that a variety of specific test scenarios be
utilized under this competition.
environmental security technology center
The Environmental Security Technology Certification
Program (ESTCP) is authorized to transfer $10,000,000 to the
Department of Energy's Pittsburgh Energy Technology Center
(PETC) for its electron scrubbing to remove unwanted by-
products project. The principal objective of this project will
be to demonstrate and validate that this technology meets
urgent DoD environmental needs and security requirements.
Another objective will be to work jointly with the DOE as a
clean-up technology demonstration.
high performance computing modernization program
The conferees agree that the High Performance Computing
Modernization Program performs a vital defense mission in
ensuring that state-of-the-art, production-ready supercomputing
capability and capacity are available for Department of Defense
science and engineering research in solving complex research
problems related to weapons development and other important
military applications. Given increasing budgetary pressures, it
is important that the Modernization Program focus its resources
to maximize the use of commercially available supercomputer
technology and to draw on the in-house expertise of the
services at the existing major shared resource centers and
distributed centers.
The conferees agree to provide $124,735,000 in
procurement Defense-wide for high performance computer
procurement, an increase of $20,000,000 only for the Army High
Performance Computing Research Center (AHPCRC).
The conferees believe that the Modernization Program must
improve its performance in the timely execution of computer
procurements. Significant delays, as evidenced in the recently
concluded major shared resource center procurements, make it
difficult to ensure that the most modern equipment is acquired.
The conferees direct the Department to take actions necessary
to preclude the recurrence of such procurement delays.
Finally, the conferees note that the Department has not
published an updated High Performance Computing Modernization
Program Plan or Program Implementation Plan for over two years.
The conferees believe that current information about the
program is vital to the DoD services, Congress and industry.
Therefore, the conferees direct that such plans be published
annually no later than March 15.
sustainment and operations for high performance computing modernization
The conferees agree to the Senate language on the High
Performance Computing Modernization Program and direct that the
increase of $25,000,000 to this program element shall only be
available to establish a new project which will allow DoD to
pay the operation and sustainment costs for supercomputers
which were purchased with DoD research, development, test and
evaluation (RDT&E;) funds and are located at sites other than
existing military bases. These supercomputers can play an
integral role in helping DoD to meet its supercomputing
capability and capacity requirements.
defense airborne reconnaissance program
The conferees agree with the House concern that the
Defense Airborne Reconnaissance Program (DARP) currently has
extraordinary latitude to realign funds with little
congressional oversight. Therefore the conferees direct that
five DARP program elements for RDT&E; projects be created as
defined in House Report 104-286 and these program elements be
reflected in future budget submissions, beginning with the
fiscal year 1998 request. Further, in line with policy
direction regarding DARP acquisition programs contained in
Title III of this report, the conferees direct that when an
RDT&E; program achieves Milestone III, funding and program
responsibility is to be transferred to the appropriate service.
The conferees also agree with the House recommendation to cap
the fiscal year 1997 budget for DARP Integration and Support
and DARO operations at $19,841,000.
The conferees agree to provide an additional $10,000,000
only for the development of the existing CA-260/261 EO framing
sensors.
improved military cargo methods and technologies
The conferees believe opportunities exist to use modern
cargo handling methods and technologies developed in the
private sector to improve the efficiency, safety, and security
of moving military cargo across the nation and around the
world. Of the funds provided for General Logistics R&D;
Technology Demonstrations, the conferees have designated
$1,000,000 only for a not-for-profit trucking research
institute engaged exclusively in motor carrier R&D; to (1)
establish the manner and extent to which private sector land
transport experience, equipment, and procedures can be adopted
to improve the efficiency, safety, and security of loading and
transporting military containerized ammunition to DoD load-out
ports and air cargo facilities; and (2) examine, measure, and
inventory the expertise and capability of private sector third
party logistics providers to provide the Defense Logistics
Agency with cheaper and more efficient logistics services in
keeping with the requirements of the Government Performance and
Results Act of 1993.
agile port demonstration
The conferees direct that $5,000,000 be made available
only for the prototyping of agile port facilities operating in
combination with high speed sealift and related rapid
deployment technologies, and the enhancement of capabilities
for cargo and personnel movement tracking and total asset
visibility. These funds shall be made available only for the
continuation of the current memorandum of agreement between
USTRANSCOM and the Center for Commercial Deployment of
Transportation Technologies.
airfield surface traffic monitoring
The conferees recommend that $2,000,000 be made available
only for an Airfield Surface Traffic Monitoring Initiative.
This initiative will increase safety on airfield critical
movement areas by instrumenting runways and taxiways with
inductive loop sensors that will provide improved situational
awareness in high density or restricted visibility conditions
for tower control personnel. The sensors provide
classifications and speed information for aircraft and ground
vehicles. The system will perform multisensor data fusion,
including origin/destination training, to provide tracks of
ground contacts for display on monitors.
Developmental Test and Evaluation, Defense
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
DIRECTOR OF TEST & EVAL DEFENSE
CENTRAL TEST AND EVALUATION INVESTMENT PROGRAM (CT)..... 116,007 136,007 133,007 146,007
----------------------------------------------------------------------------------------------------------------
explanation of project level adjustments
[In thousands]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Central Test and Evaluation Program......................... 116,007 136,007 133,007 146,007
Airborne separation video system........................ ........... +20,000 ........... +20,000
Magnetic levitation sled test track..................... ........... ........... +17,000 +10,000
----------------------------------------------------------------------------------------------------------------
Operational Test and Evaluation, Defense
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
DIRECTOR OF OPERATIONAL TEST & EVALUATION
Live Fire Testing....................................... 9,988 14,988 9,988 12,988
----------------------------------------------------------------------------------------------------------------
explanation of project level adjustments
[In thousands]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Live fire testing........................................... 9,988 14,988 9,988 12,988
[Note: The conferees agree that up to $3,000,000 in this
account may be available for the operational field
assessment program.]
Alternative uses of simulation and training technologies.... ........... +5,000 ........... +3,000
----------------------------------------------------------------------------------------------------------------
TITLE V--REVOLVING AND MANAGEMENT FUNDS
The conferees agree to the following amounts for
Revolving and Management Funds programs:
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Defense Business Operations Fund............ 947,900,000 947,900,000 947,900,000 947,900,000
National Defense Sealift Fund............... 963,002,000 1,904,002,000 1,093,002,000 1,428,002,000
-------------------------------------------------------------------
Total, Revolving and Management Funds. 1,910,902,000 2,851,902,000 2,040,902,000 2,375,902,000
----------------------------------------------------------------------------------------------------------------
Defense Business Operations Fund
The conferees agree to provide $947,900,000 for the
Defense Business Operations Fund.
National Defense Sealift Fund
The conferees agree to provide $1,428,002,000 for the
National Defense Sealift Fund, an increase of $465,000,000 to
the budget request. This includes a decrease of $90,000,000 for
Army Roll-on/Roll-off ships as recommended by the authorization
conference committee and increases of $300,000,000 for a Large
Medium Speed Roll-on/Roll-off sealift ship; $250,000,000 for
two Maritime Prepositioning Force-Enhancement (MPF-E) ships,
which may be acquired either through conversation of existing
vessels or new construction at the discretion of the Commandant
of the Marine Corps; and $5,000,000 for repair and
refurbishment of the U.S.N.S. Tanner.
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
The conference agreement is as follows:
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Defense Health...................... 9,627,758,000 9,667,658,000 10,256,108,000 10,207,308,000
Chemical Agents and Munitions
Destruction, Defense............... 799,847,000 799,847,000 758,447,000 758,447,000
Drug Interdiction and Counter-Drug
Activities, Defense................ 642,724,000 774,724,000 789,024,000 807,800,000
Office of the Inspector General..... 138,501,000 138,501,000 139,157,000 139,157,000
Anti-Terrorism Activities, Defense.. ................. ................. 14,000,000 .................
---------------------------------------------------------------------------
Total, Other Department of
Defense Programs................. 11,208,830,000 11,380,730,000 11,956,736,000 11,912,712,000
----------------------------------------------------------------------------------------------------------------
DEFENSE HEALTH PROGRAM
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands]
----------------------------------------------------------------------------------------------------------------
House Senate Conference
----------------------------------------------------------------------------------------------------------------
Medical Programs, O&M.....................................; +39,900 +578,350 +579,550
Shortfall............................................. ................ +475,000 +475,000
Breast Cancer......................................... +25,000 ................ +25,000
Head Injury........................................... +1,500 ................ +1,500
Gulf War Syndrome (anti-bacterial treatment).......... +3,400 ................ +3,400
Uncompensated Care.................................... (2,000) ................ (2,000)
DoD Emergency Communications.......................... ................ +14,000 +14,500
Telemedicine initiatives.............................. ................ +20,000 +15,000
Reserve Dental Program................................ ................ +15,000 +7,500
Center for Prisoner of War Studies.................... ................ +2,700 +1,000
Uniformed Services University of Health Sciences...... ................ +6,900 +6,900
Graduate School of Nursing............................ ................ +2,000 +2,000
Military Nursing Research............................. ................ +5,000 +5,000
Pacific Island Health Care Program.................... ................ +5,000 +5,000
Disaster management training.......................... ................ +2,000 +2,000
PACMEDNET............................................. +10,000 +10,000 +10,000
Brown Tree Snakes..................................... ................ +1,000 +1,000
Cancer control program................................ ................ +4,750 +4,750
New parents support program........................... ................ +20,000 ................
Undistributed ongoing................................. ................ +5,000 ................
transfer for ADP...................................... ................ -10,000 ................
Procurement............................................... ................ +50,000 ................
Gulf War Syndrome (chemical agent exposure)........... ................ (10,000) (10,000)
Hepatitis vaccine..................................... ................ 40,000 ................
Transfer for procurement of adp....................... ................ 10,000 ................
----------------------------------------------------------------------------------------------------------------
military nursing research program
The conferees agree with the Senate language that
$5,000,000 be provided for the military nursing research
program and urge the Department to appoint a full-time director
for the program.
telemedicine initiatives
The conferees encourage the Department to explore
telemedicine initiatives that would provide cost-effective,
accessible, and high quality services for DoD beneficiaries, to
include pediatric patients.
diabetes
The conferees recognize the negative effect that diabetes
has upon the deployment readiness and assignability of service
personnel as well as the health of over 16 million Americans.
The conferees request information on any medical research
efforts the Department of Defense is currently making to enable
these personnel to perform combat roles, as well as any
recommended research that would promote military readiness of
diabetic service personnel. This information should be provided
to the congressional defense committees.
retiree health care: barksdale air force base
The conferees are aware of reductions in the availability
of prescription drug service for retired military families at
Barksdale Air Force Base, Louisiana. The inventory of drugs in
the Barksdale pharmacy has been reduced some 60 percent. The
burden for these reductions is being borne by retirees and
their families, and by Medicare-eligible retired families who
are no longer eligible for CHAMPUS or TRICARE. The conferees
expect the Department to use available funds to resource the
Barksdale pharmacy at a level sufficient to support the
prescription drug inventory maintained prior to the reduction.
The conferees direct the Surgeon General of the Air Force to
report back to the Committees on Appropriations 15 days after
enactment of this Act on a plan to meet this requirement.
Attention deficit disorder
Attention Deficit Disorder (ADD) and Attention Deficit
Hyperactivity Disorder (ADHD) are disorders that interfere with
individuals' ability to focus attention. In its severest form,
these disorders create a dramatic level of impulsiveness,
restlessness and difficulty modulating responses to given
situations. These disorders affect children and some adults.
Unfortunately, it can make successful service in the
military an impossibility, especially for those who require the
moderating influence of certain prescription pharmaceuticals,
the use of which is prohibited by military regulations.
Currently, diagnosis of ADD/ADHD is not precise and
subsequently, some recruits enter the military with symptomatic
ADD/ADHD. The Department of Defense must rely on training
instructors and health care professionals at basic training
bases to recognize and evaluate these disorders.
The conferees encourage the Department of Defense to
continue this familiarization program, so that military
recruiters, training officers, medical personnel, chaplains and
family counselors are able to recognize the characteristics and
markers of these disorders.
Independent research on gulf war syndrome
The conferees agree to provide $10,000,000 of funds
available under this heading for the Department to provide
scientific research on possible causal relationships on the
complex of illnesses and symptoms commonly known as Gulf War
syndrome. This research is to be carried out by entities
independent of the Federal Government. This research should
assess the possible exposures of members of the Armed Forces to
chemical warfare agents or other hazardous material during
service on active duty as a member of the Armed Forces in the
Southwest Asia theater of operations during the Persian Gulf
War.
Department of defense medical research
The conferees are pleased that a strong cooperative
working relationship has developed between the Department and
the National Cancer Institute. Such coordination will ensure
the development of a scientifically sound and innovative cancer
research agenda that addresses priority areas and avoids
unnecessary duplication of effort.
breast cancer research program
The conferees have provided $112,500,000 to continue the
Army's breast cancer research program.
The conferees urge the Army to consider research
proposals which extend scientific advances into new strategies
for detection, diagnosis, prevention, and treatment.
Of the amounts provided, the conferees direct that
$3,000,000 is available only for continuing, ongoing, Navy-
sponsored Computer Aided Diagnostic (CAD) research which
utilizes image enhancement and segmentation by adaptive
multiresolution/multiorientation wavelet transform methods,
which are suitable for more generalized application useful to
DoD in digital mammography, digital X-ray imaging and
teleradiology applications; and that $3,500,000 is available
only for the establishment of an advanced cancer detection
center for military personnel, dependents, and retired service
members, using a network that is in close geographic proximity
and includes the following: a military hospital, a regional
TRICARE provider, a Department of Veterans Affairs hospital or
hospitals, and a medical facility with a focused cancer center
that meets the National Cancer Institute eligibility
requirements with respect to research funding. The conferees
would expect this center to conduct coordinated screening for
cancer detection and treatment, to train military cancer
specialists, and to develop improved cancer detection equipment
and technology.
prostate cancer research support
The conferees support the need for both basic and
clinical research in prostate cancer in order to reduce the
incidence of this life-threatening disease and to develop more
effective, more specific and less toxic forms of therapy for
patients in all stages of the disease. The conferees urge the
Department to give the highest priority to funding research
that is multi-institutional, multi-disciplinary and regionally
focused.
national bioethics advisory commission
The conferees recognized that human subject research is
performed in several federal agencies, including the Department
of Defense. Congress has a long-standing interest in this
matter, and the conferees believe it is important to sustain
and strengthen public confidence in human subject research. The
National Bioethics Advisory Commission is chartered to direct
its attention to consideration of the protection of the rights
and welfare of human research subjects, and the conferees
expect the Department to contribute the resources necessary for
successful implementation of the National Bioethics Advisory
Commission standards commensurate with the interest and
investment of the Department in human subject research.
federal employees health benefits program demonstration
The conference report includes a general provision
(Section 8129) which directs the Secretary of Defense, in
consultation with the Secretary of Health and Human Services
and the Director of the Office of Personnel Management, to
provide a report to the congressional defense committees by
February 1, 1997 containing recommendations regarding a
demonstration project offering Medicare-eligible retirees who
do not have access to TRICARE the option of enrolling in the
Federal Employees Health Benefits Program. The conferees
believe this report should include an assessment of the
benefits which could be derived from such a demonstration
program, the anticipated costs to both the government and
potential enrollees, the potential impacts on military medical
readiness, and recommendations regarding the size and scope of
a demonstration program.
Chemical Agents and Munitions Destruction, Defense
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
CHEM AGENTS & MUNITIONS DESTRUCTION, DEF:
CHEM DEMILITARIZATION--O&M................................; 477,947 477,947 478,947 478,947
CHEM DEMILITARIZATION--PROC............................... 273,600 273,600 191,200 191,200
CHEM DEMILITARIZATION--RDTE............................... 48,300 48,300 88,300 88,300
----------------------------------------------------------------------------------------------------------------
alternative methods
The conferees recommend that the Department of Defense in
its alternative technology studies evaluate a non-thermal
chemical mixing neutralization process that does not depend on
the use or application of an external heat source. The
conferees suggest that this process be a batch process which
will render chemical weapons harmless in a period of two hours
or less and have a resident temperature below that of boiling
water at sea level.
Furthermore, the conferees recommend that the Department
of Defense include the use of plasma electric waste convertor
technology in its analysis of alternative methods.
mobile munitions assessment system
The conferees agree that of the funds available for
Research, Development, Test and Evaluation, $3,000,000 is only
for the development of advanced sensors for the Army's Mobile
Munitions Assessment System.
Drug Interdiction and Counter-Drug Activities, Defense
The conferees agree to provide $807,800,000, an increase
of $165,076,000 to the budget request. The conference agreement
is summarized as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Dismantling Cartels................................................ 57,055 ......... ......... 62,131
Classified Programs............................................ ......... 10,000 0 3,076
Signal Intelligence Equipment.................................. ......... 3,000 2,000 2,000
Source Nation Support.............................................. 139,619 ......... ......... 162,619
Laser Strike................................................... ......... 11,000 8,000 11,000
Refurbish and Install TPS Radar................................ ......... 15,000 15,000 10,000
Riverine Operations............................................ ......... 4,900 2,000 2,000
SOUTHCOM Support............................................... ......... 1,500 0 0
Detection and Monitoring........................................... 134,198 ......... ......... 198,398
Spare TARS..................................................... ......... 3,800 0 0
Support for Mexico Mil CD units................................ ......... 0 8,000 8,000
P-3 Retrofit for US Customs Service............................ ......... 0 98,000 56,200
Domestic Law Enforcement Support................................... 227,957 ......... ......... 300,757
Marijuana Eradication.......................................... ......... 3,000 0 3,000
Non-intrusive Inspection systems............................... ......... 6,000 6,000 6,000
Southwest Border Support....................................... ......... 2,500 0 0
Enhanced JTF-DLEA support...................................... ......... 5,000 0 0
Gulf States Counter-drug Initiative............................ ......... 8,500 4,800 8,500
Multi-Jurisdictional Task Force................................ ......... 1,800 0 1,800
C-26 reconnaissance upgrade.................................... ......... 3,500 0 3,500
National Guard State Plans..................................... ......... 40,000 0 40,000
National Interagency CI........................................ ......... 3,000 0 3,000
Southwest Border Information................................... ......... 7,000 0 7,000
Civil Air Patrol............................................... ......... 2,500 0 0
Reconnaissance and interdiction det............................ ......... 0 500 0
Demand Reduction................................................... 83,895 ......... ......... 83,895
Miscellaneous...................................................... ......... 0 2,000 0
--------------------------------------------
Total, Drug Interdiction..................................... 642,724 774,724 789,024 807,800
----------------------------------------------------------------------------------------------------------------
The conferees concur with the direction in the House
report that none of the funds provided for the National Guard
through the Drug Interdiction and Counter-Drug Activities
account shall be reduced unless the proper reprogramming
procedures are followed.
The conferees agree to provide $8,500,000 above the
budget request for the Gulf States Counter-drug Initiative
(GSCI). Of this amount $800,000 is for the Regional Counter-
drug Training Academy and not less than $4,700,000 of this
additional amount is provided in O&M; for sustainment costs for
the C4 network of GSCI and improvements to existing processing
and analysis centers for the states. Of the remaining funds,
$3,000,000 is provided for start-up costs for including the
state of Georgia in the network.
The conferees agree to provide $3,600,000 above the
budget request for the Civil Air Patrol, but have provided
those funds in the Operation and Maintenance Title. The
conferees also concur with the House language which adds
``administrative costs, including, the hiring of CAP
employees'' to the activities which may be funded with the
understanding that none of the funds provided in this agreement
shall be used to exceed the existing civilian personnel levels.
The conferees agree to provide $1,800,000 above the
budget request for use by the Military Police (MP) School to
provide for training by the Criminal Justice Institute in
support of Multi-Jurisdictional Task Force activities. The
Criminal Justice Institute is ideally suited to expand the
course offerings provided by the MP school based on its
successful training efforts with domestic and international law
enforcement personnel.
Office of the Inspector General
The conferees agree to provide $139,157,000 for the
Office of the Inspector General. Of this amount, $137,157,000
shall be for operation and maintenance activities and
$2,000,000 for procurement.
Sierra Army Depot Groundwater Contamination
The conferees are concerned about allegations that
actions of the Army to precipitously and abruptly change its
position on permits and applications to develop water rights in
the Honey Valley Groundwater Basin have unfairly and
unnecessarily damaged the ability of private investors to
realize any benefit from their good faith investments. The
Inspector General is directed to investigate this matter and
report to the House and Senate Appropriations Committees on the
validity of investor allegations and, if deemed appropriate,
recommend a process for determining fair compensation for those
investors. Such report shall be submitted no later than May 1,
1997.
TITLE VII--RELATED AGENCIES
The conferees agree to the following amounts for Related
Agencies:
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Central Intelligence Agency Retirement and
Disability System Fund......................... 196,400,000 196,400,000 184,200,000 196,400,000
Intelligence Community Management Account....... 91,739,000 149,555,000 94,739,000 129,164,000
National Security Education Trust Fund.......... 5,100,000 .............. 5,100,000 5,100,000
Payment to Kaho'olawe Island Conveyance
Remediation and Environmental Restoration Fund. 10,000,000 10,000,000 10,000,000 10,000,000
---------------------------------------------------------------
Total, Related Agencies....................... 303,239,000 355,955,000 294,039,000 340,664,000
----------------------------------------------------------------------------------------------------------------
TITLE VIII--GENERAL PROVISIONS
The conference agreement incorporates general provisions
of the House and Senate versions of the bill which were not
amended. Those general provisions that were amended in
conference follow:
The conferees included a general provision (Section 8009)
which amends House language concerning multiyear contracts for
selected weapons systems.
The conferees included a general provision (Section 8021)
which amends House language prohibiting the demilitarization of
certain types of surplus firearms.
The conferees included a general provision (Section 8027)
which amends House language limiting the relocation of DoD
organizations into the National Capital Region.
The conferees included a general provision (Section 8028)
which amends House language which allows members of the
Reserves to use their leave to perform duty when providing
assistance to civil authorities.
The conferees included a general provision (Section 8036)
which amends House language earmarking funds for the Civil Air
Patrol.
The conferees agree to a general provision (Section 8037)
governing the activities of defense federally funded research
and development centers (FFRDC's).
The conferees recognize the preference by the Department
of Defense to limit the activities of defense FFRDC's through
the use of ceilings on the number of staff years of technical
effort (staff years). Therefore, for fiscal year 1997, the
conferees agree to statutory ceilings on defense FFRDC staff
years (5,975 overall and 1,088 for studies and analysis
FFRDC's).
The conferees, however, are concerned that the allocation
of staff years not obscure the budgetary impacts of funding the
FFRDC's. The conferees direct that the reports identifying the
staff years of technical effort allocated to each defense FFRDC
for fiscal years 1997 and 1998 also include the dollar amounts
required to fund each FFRDC's staff year allocations for each
fiscal year.
The conferees direct that, during fiscal year 1997,
should the institutional arrangements and agreements between
any defense FFRDC and the department, or the organization and
structure of any defense FFRDC, undergo a significant change,
the Secretary of Defense shall provide the Congressional
defense committees with a detailed report addressing the
effects of such a change on the staff years to be allocated for
that defense FFRDC under the statutory ceilings.
The conferees further direct that this report shall be
submitted not later than 60 days before the change is to occur
and shall contain information regarding: (1) the department's
ability to obtain services which had been provided by that
defense FFRDC, including whether the department intends to
obtain these services in the future under competitive or non-
competitive contracts, agreements, or procedures; (2) the cost,
budget, contractual, legal, and policy implications of the
change, including the impact of the change on the competitive
environment for the acquisition of such services; (3) the
disposition of any property--including real and personal
property, hardware, software, and intellectual property--
developed or obtained by the FFRDC through the payment of any
fee or other financing mechanism paid by the Federal
government, and whether the Federal government shall receive
the fair market value for any such property the ownership of
which may be transferred as a result of any significant change;
(4) whether any officers or employees of a defense FFRDC which
is involved in any such significant change shall receive any
salary or other compensation increase, or any bonus, as a
result of such a change, and the amount of any such increase or
bonus for each officer or employee; and (5) whether any such
significant change shall result in any liability for the
federal government with respect to personnel costs for the
defense FFRDC.
The conferees further agree to statutory language
reducing funds for defense FFRDC's and for non-FFRDC consulting
services used by the department.
The conferees included a general provision (Section 8038)
which prohibits funds from being used for studies on the
removal and transportation of chemical weapons or agents to
Johnston Atoll.
The conferees included a general provision (Section 8041)
which amends House language regarding DoD depot maintenance
programs.
The conferees included a general provision (Section 8058)
which amends House language earmarking funds for the Army High
Performance Computing Research Center.
The conferees included a general provision (Section 8064)
which amends House language authorizing intelligence
activities.
The conferees included a general provision (Section 8065)
which amends the Senate language providing $40,000,000 and
specific directions for the conduct of an alternative
destruction program for the stockpile chemical weapons. The
conferees also included language prohibiting the expenditure of
any appropriated funds in this or any other Act for the study,
assessment, 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. The conferees agree
that this prohibition of funding for studies, assessments or
planning does not apply to studies of the transportation of the
end-product of an alternative technology treatment process to
locations other than the stockpile chemical weapons storage
sites.
The conferees included a general provision (Section 8068)
which amends Senate language allowing the Secretary of the Navy
to lease real or personal property at Naval Air Facility, Adak,
Alaska.
The conferees included a general provision (Section 8070)
which amends Senate language recommending rescissions from Air
Force Procurement and Research and Development programs.
rescission of funds
The conferees agree to rescind excess prior year funds,
as presented in the following table:
----------------------------------------------------------------------------------------------------------------
House Senate Conference
----------------------------------------------------------------------------------------------------------------
FISCAL YEAR 1995
PROCUREMENT OF AMMUNITION, ARMY:
Louisiana Army Ammunition Plant/Flexible line
manufacturing..................................... 0 0 -4,500,000
--------------------------------------------------------
Subtotal......................................... 0 0 -4,500,000
========================================================
AIRCRAFT PROCUREMENT, NAVY:
Common ECM equipment/Bol chaff..................... 0 0 -8,000,000
--------------------------------------------------------
Subtotal......................................... 0 0 -8,000,000
========================================================
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS:
Air expendable countermeasures/Bol chaff........... 0 0 -2,000,000
--------------------------------------------------------
Subtotal......................................... 0 0 -2,000,000
========================================================
OTHER PROCUREMENT, NAVY:
Enhanced modular signal processor.................. 0 0 -10,000,000
--------------------------------------------------------
Subtotal......................................... 0 0 -10,000,000
========================================================
AIRCRAFT PROCUREMENT, AIR FORCE:
Joint primary aircraft training systems (JPATS).... 0 0 -3,100,000
--------------------------------------------------------
Subtotal......................................... 0 0 -3,100,000
========================================================
MISSILE PROCUREMENT, AIR FORCE:
Defense support program excess funds............... 0 -31,900,000 -31,900,000
--------------------------------------------------------
Subtotal......................................... 0 -31,900,000 -31,900,000
========================================================
Total fiscal year 1995........................... 0 -31,900,000 -59,500,000
========================================================
FISCAL YEAR 1996
AIRCRAFT PROCUREMENT, NAVY:
F/A-18C/D fighter (Hornet)/ALR-67(V)(3)............ 0 0 -5,400,000
--------------------------------------------------------
Subtotal......................................... 0 0 -5,400,000
========================================================
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS:
81mm high explosive PD fuze........................ 0 0 -10,000,000
--------------------------------------------------------
MM56 detonating cord............................... 0 0 -708,000
--------------------------------------------------------
Air expendable countermeasures/Bol chaff........... 0 0 -2,000,000
--------------------------------------------------------
Subtotal......................................... 0 0 -12,708,000
========================================================
AIRCRAFT PROCUREMENT, AIR FORCE:
F-15 modifications/Fighter data link............... 0 0 -9,000,000
--------------------------------------------------------
Subtotal......................................... 0 0 -9,000,000
========================================================
MISSILE PROCUREMENT, AIR FORCE:
Space boosters/Titan IV excess funds............... 0 -20,000,000 -20,000,000
--------------------------------------------------------
Subtotal......................................... 0 -20,000,000 -20,000,000
========================================================
OTHER PROCUREMENT, AIR FORCE:
Classified program................................. 0 0 -26,000,000
--------------------------------------------------------
Subtotal......................................... 0 0 -26,000,000
========================================================
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY:
F/A-18 squadrons/Bol chaff......................... 0 0 -4,500,000
--------------------------------------------------------
Subtotal......................................... 0 0 -4,500,000
========================================================
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE:
Classified program................................. 0 -75,000,000 0
--------------------------------------------------------
Subtotal......................................... 0 -75,000,000 0
========================================================
Total fiscal year 1996........................... 0 -95,000,000 -77,608,000
========================================================
Grand total...................................... 0 -126,900,000 -137,108,000
----------------------------------------------------------------------------------------------------------------
The conferees included a general provision (Section 8077)
which amends House language prohibiting the use of funds
appropriated in this Act to reduce the civilian and medical
support personnel assigned to military treatment facilities and
provides authority to the Surgeons General to waive the
section.
The conferees included a general provision (Section 8088)
which amends House language reducing the amount of funded
carryover at Defense Business Operations Fund activities by a
total of $150,000,000. $60,000,000 of this reduction is
applicable to the Army, and $90,000,000 is applicable to the
Navy. The Navy reduction shall not be applied to the naval
shipyards.
The conferees included a general provision (Section 8096)
reducing funds provided for a passthrough to the Air Force
business areas of the Defense Business Operations Fund.
The conferees included a general provision (Section 8099)
which allows Reserve forces to provide services and support to
organizations and activities outside of the DoD if they are
incidental to training.
The conferees included a general provision (Section 8100)
which amends House language allowing the White House
Communications Agency to provide services on a non-reimbursable
basis.
The conferees included a general provision (Section 8105)
which amends Senate language that reallocates funds to cover
unanticipated shipbuilding costs increases.
The conferees included a general provision (Section 8107)
which amends House language prohibiting the Air Force from
introducing new suppliers for the AN/ALE-47 Countermeasure
Dispenser System.
The conferees included a general provision (Section 8109)
which amends House language providing clarification of the
Berry Amendment.
The conferees included a general provision (Section 8110)
which amends Senate language concerning procurement of T-39-N
aircraft.
The conferees have included two general provisions
limiting the extent to which the Department may provide
reimbursement for defense industry restructuring costs. Section
8095 prohibits any reimbursement of costs for contractor
employee bonus payments associated with business combinations.
Section 8115 amends House language to prohibit any future
restructuring reimbursements unless the Department determines
that the auditable net savings to the Department resulting from
any such business combination exceed the Department's direct
restructuring costs by a factor of at least two-to-one (except
in cases where a critical capability might be lost). Section
8115 also includes Senate language requiring the General
Accounting Office to submit to the Congress a detailed analysis
of the effectiveness of this program by April 1, 1997. The
conferees strongly support the policy of prohibiting the
payment of any costs for merger-related executive bonuses,
legal fees, finders fees, goodwill, and asset write-ups.
The conferees do not agree to a general provision
included by the House concerning aircraft landing gear.
The conferees are concerned that U.S. manufacturers and
assemblers of aircraft landing gear and landing gear components
may be disadvantaged by unfair foreign competition in bidding
on Department of Defense contracts relative to their foreign
competitors, as a result of direct or indirect financial or
other support to those competitors from their governments.
Therefore the conferees direct the Secretary of Defense to
submit a report to the Congressional defense committees by
February 1, 1997 which contains the following information:
(1) A summary of landing gear and landing gear component
production and assembly acquisitions for fiscal years 1992-
1996, acquired directly by the Department of Defense and
individual armed services as well as indirectly by prime
contractors. The study shall include information on the
aircraft for which the gear was acquired, the countries of
origin of such equipment, and whether any foreign companies
that have received landing gear and landing gear component
production or assembly contracts are privately held or
partially or wholly-government owned.
(2) In the case of landing gear and landing gear
components produced or assembled by foreign sources, a
description of any foreign government programs which provide
assistance of any kind that can be used by companies in that
country for the design, development, production and assembly of
defense products as well as specifically for landing gear and
landing gear components. Information shall be provided as to
the terms under which such assistance is provided, and whether
such assistance must be reimbursed to the government by the
foreign company.
The conferees included a general provision (Section 8118)
which amends House language denying funds to contractors who
have failed to submit an annual report to the Secretary of
Labor regarding employment of certain veterans, pursuant to
section 4212(d) of title 38, United States Code.
The conferees are dismayed over the reported failure of a
large number of Federal contractors to file, as required by
law, annual reports with the Department of Labor regarding
employment and hiring of Vietnam-era and special disabled
veterans. The conferees believe continued non-compliance with
statutory reporting requirements regarding veterans' employment
is unacceptable and that both the Departments of Labor and
Defense must do everything possible to ensure defense contract
recipients are both fully aware of and responsive to legal
requirements in this regard. Section 8118 requires the
Secretaries of Labor and Defense to take such steps as are
needed to fulfill these objectives and also requires submission
of a report within 180 days of enactment of this Act which
details the measures taken to achieve this goal, as well as any
additional actions (including potential legislative changes)
that may be needed to address this problem. The conferees are
determined to support veterans' preference and hiring programs
and express their intent to revisit this issue in the absence
of determined action by the Executive Branch.
The conferees included a general provision (Section 8119)
which amends a Senate provision providing for various funding
adjustments and earmarks, and retains language allowing for
obligation of supervision and administration costs.
The conferees included a general provision (Section 8120)
capping the level of advance billing that the Navy may execute
in the Defense Business Operations Fund. This provision directs
the Navy to increase customer rates charged by the Defense
Business Operations Fund, and funds the DBOF customer accounts
commensurate with the rate increases through a general
reduction to the Navy budget in the procurement and research
and development accounts.
The conferees included a general provision (Section 8121)
allowing the waiver of reimbursements to the Asia-Pacific
Center for Security Studies.
The conferees included a general provision (Section 8122)
making Air Force funds available to the Children's Association
for Maximum Potential.
The conferees included a general provision (Section 8125)
requiring DoD and the Office of Personnel Management (OPM) to
report on assistance available to persons who are injured or
killed while traveling on US Government aircraft, or to their
surviving family members.
The conferees included a general provision (Section 8128)
which amends Senate language providing funds for defense
against weapons of mass destruction. The conferees agree to
provide $100,000,000 for defense against weapons of mass
destruction, including domestic preparedness, interdiction of
weapons of mass destruction and related materials, control and
disposition of weapons of mass destruction and related
materials threatening the United States, coordination of policy
and countermeasures against proliferation of weapons of mass
destruction, and miscellaneous related programs, projects, and
activities. The funds are available for transfer to, and merger
with, funds appropriated elsewhere in this Act.
Domestic preparedness against terrorist threats,
especially chemical or biological attacks against U.S. civilian
targets, is of paramount importance to the nation. Terrorist
organizations have shown the willingness and capability to
operate within the continental United States, and a terrorist
chemical attack in the Tokyo subway system has already
occurred.
While the armed services have developed capabilities to
evaluate chemical/biological threats, respond to such threats,
and protect and treat affected personnel, these capabilities
have been developed primarily to protect military personnel in
operational situations. The conferees believe much can and
should be done to transfer existing military chemical/
biological warfare expertise and technology to our civilian
``first responders'' in charge of protecting the civilian
population.
The conferees applaud the first small step in this
direction with the establishment of the ``Chemical-Biological
Incident Response Force'' in the Marine Corps which has rapid
deployment capability. Coupled with its unique civilian
advisory group, the CBIRF will become the nation's first
completely self-contained chemical and biological response
force. The bill includes $10,000,000 to upgrade the equipment
of this unit, including funds for prepositioned equipment at
key domestic locations. However, there is no doubt that much
more needs to be done to properly train and equip ``first
responders'' around the country.
The conferees direct the Secretary, in conjunction with
the Director of the Central Intelligence Agency, the Attorney
General, the Secretary of Energy, the Administrator of the
Federal Emergency Management Agency, and other pertinent
federal, state and local officials, to submit a report to
Congress (in both classified and unclassified forms) that:
(1) assesses the types and characteristics of
chemical and biological threats against U.S. citizens
and Government assets in the U.S. and the capability of
civilian agencies to respond to these threats;
(2) identifies the unmet training, equipment, and
other requirements of civilian first responders
necessary to provide a basic capability to respond to a
domestic chemical or biological attack;
(3) identifies DoD chemical/biological warfare
information, expertise, and equipment that could be
adapted to civilian application to help meet identified
requirements; and
(4) presents a detailed plan for DoD assistance in
equipping, training and providing other necessary
assistance for first responders to such incidents. The
conferees believe that the best approach for
implementing this effort may be a regional pilot
program to demonstrate and test the best methods to
upgrade the training and equipment of first responders.
The conferees also believe the National Guard is well
suited for having a leading role in implementing a plan to
provide training, technology and other DoD capabilities to
local first responders. The conferees endorse the directive in
the House Report (H. Rpt. 104-617, pp. 138-9) to review the
Department's ability to provide assistance in this regard and
direct that the report outlined by the House be incorporated
into this comprehensive review effort. The Secretary shall
submit this report to the congressional defense committees by
not later than May 1, 1997.
The conferees included a new general provision (Section
8129) which requires the Secretary of Defense to submit a
report on the establishment of a Federal Employee Health
Benefit Program demonstration project.
The conferees included a new general provision (Section
8130) that repeals section 203(a), section 203(c), and section
203(e) of the National Defense Authorization Act for Fiscal
Year 1997.
The conferees included a new general provision (Section
8131) that amends section 722(c) of the National Defense
Authorization Act for Fiscal Year 1997.
The conferees included a new general provision (Section
8132) that requires the Secretary of Defense to submit a report
on the establishment of the National Missile Defense Joint
Program Office.
The conferees included a new general provision (Section
8133) allowing the National Guard Bureau to make distance
learning equipment and facilities available to any person or
entity on a reimbursable basis.
The conferees included a general provision (Section 8134)
that allows the Secretary of the Air Force to enter into
agreements for heating facility modernization.
The conferees included a general provision (Section 8135)
which makes a technical correction to the National Defense
Authorization Act for Fiscal Year 1997 regarding the ``Mike
O'Callaghan Federal Hospital''.
The conferees included a general provision (Section 8136)
which makes a general reduction to Research, Development, Test
and Evaluation appropriations accounts with the exception of
funds appropriated for Ballistic Missile Defense.
The conferees have included two general provisions
(Sections 8137 and 8138), as well as a new title (Title IX), in
order to provide full funding of the President's request of
September 12, 1996, for additional Department of Defense
programs and initiatives relating to anti-terrorism, counter-
terrorism, and security enhancements.
This request totalled $353,280,000. In Section 8137, the
conferees agree to provide $230,680,000 in fiscal year 1997
funds for programs requested by the President. This additional
funding is offset in Section 8138. In Title IX, the conference
agreement includes an additional $122,600,000 in fiscal year
1996 supplemental appropriations, as requested by the President
to reimburse the Department for costs incurred by ongoing force
protection actions in Saudi Arabia, ordered in the wake of the
Khobar Towers bombing. The funding in Title IX is also totally
offset, through rescissions from prior year Department of
Defense Appropriations Acts.
Section 101(c)
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997
The conferees on H.R. 3610 agree with the matter inserted
in this subsection of this conference agreement and the
following description of this matter. This matter was developed
through negotiations on the differences in the House and Senate
versions of H.R. 3540, the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997, by
members of the appropriations subcommittee in both the House
and Senate with jurisdiction over H.R. 3540.
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States Subsidy Appropriation
The conference agreement appropriates $726,000,000 for
the subsidy appropriation of the Export-Import Bank as proposed
by the House instead of $730,000,000 as proposed by the Senate.
Export-Import Bank of the United States Administrative Expenses
The conference agreement appropriates $46,614,000 for
administrative expenses of the Export-Import Bank as proposed
by the House instead of $40,000,000 as proposed by the Senate.
The agreement also modifies the Senate provision that no
funds made available by this or any other Act may be used to
pay the salary and other expenses of the incumbent Chairman and
President of the Export-Import Bank unless and until he has
been confirmed by the Senate.
The conferees have agreed to modify Senate bill language
which restricts funding for the salary and expenses of the
incumbent Chairman of the Export-Import Bank. The Senate
provision prohibited funding for the incumbent Chairman and
President of the Export-Import Bank unless and until he has
been confirmed by the United States Senate. The conference
agreement prohibits any funding for the incumbent after July
21, 1997.
The conferees note a GAO finding that in more than 200
cases, representing half of the employees of the Export-Import
Bank, the Chairman and President illegally authorized that
retention allowances be used as bonuses to these employees.
While the Chairman and President of the Bank originally
indicated that he used this authority on the advice of others,
Bank documents indicate otherwise, including a November, 1994
document in his own handwriting which refers to the
``shameless'' use of retention allowances.
The conferees find that this individual has lost the
confidence of the committees with oversight responsibility for
the Export-Import Bank. The conferees agree that this
individual should not continue in this position and urge, in
the strongest terms, the President to replace him as soon as is
possible, and preferably by January 20, 1997, when his term
expires. Under no circumstances, once this individual's recess
appointment expires, do the conferees believe that the
Administration should resubmit his name for renomination.
Overseas Private Investment Corporation Noncredit Account
The conference agreement appropriates $32,000,000 for
administrative expenses of OPIC as proposed by the Senate
instead of $30,000,000 as proposed by the House.
Overseas Private Investment Corporation Program Account
The conference agreement deletes Senate language ``to be
derived by transfer from the Overseas Private Investment
Corporation Noncredit account''. It also extends the
authorization for OPIC for one year and allows the agency to
combine its existing statutory ceilings on financing and
insurance. Both measures allow the agency to continue
operations until the 105th Congress considers free-standing
authorization legislation reported from the committees of
jurisdiction. The managers direct OPIC to utilize no more of
the authority made available by this Act than is needed to
continue operations at the current pace.
Trade and Development Agency
The conference agreement appropriates $40,000,000 for the
Trade and Development Agency as proposed by the Senate instead
of $38,000,000 as proposed by the House.
In addition to the amounts provided under this heading,
TDA expects to receive no less than $2,000,000 from the
Assistance for Eastern Europe and the Baltic States (SEED)
account and additional resources from the New Independent
States account.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Agency for International Development
Child Survival and Disease Programs Fund
The conference agreement appropriates $600,000,000 as
proposed by the House. The Senate bill contained no provision
on this matter. The managers agree with the House report
language regarding the use of the funds appropriated under this
heading, including $100,000,00 for a grant to UNICEF and
$25,000,000 for polio eradication. The grant for UNICEF does
not preclude AID from providing additional funding for specific
UNICEF projects as may be applicable.
The managers also concur with House report language on
AIDS prevention and control, with the intent that not less than
$117,500,000 be obligated for both bilateral and multilateral
HIV/AIDS prevention programs. They recommend that funding
through nongovernmental organizations and private voluntary
organizations operating at the community level be maximized.
The conferees expect that the United States will continue to
build upon its leadership role in combating this pandemic.
Development Assistance
The conference agreement appropriates $1,181,500,000 for
``Development Assistance'' instead of $1,150,000,000 as
proposed by the House and $1,262,000,000 as proposed by the
Senate.
The conference agreement includes language providing that
funds made available for Latin America and the Caribbean and
for sub-Saharan Africa should be made available on a
proportional basis, commensurate with the budget request for
said regions. The Senate amendment removed the reference to
Latin America and the Caribbean and contained an earmark for
the Development Fund for Africa.
The conference agreement also includes Senate language to
allow not to exceed $25,000 for oversight of assistance
programs for displaced and orphaned children and victims of
war.
The managers agree to include the Senate amendment which
inserted authority to obligate funds pursuant to title V of the
International Security and Development Cooperation Act of 1980
(African Development Foundation); and section 401 of the
Foreign Assistance Act of 1969 (Inter-American Foundation)
under this heading. The conference agreement provides authority
at the levels proposed by the House, apportioning directly up
to $20,000,000 for the Inter-American Foundation and up to
$11,500,000 for the African Development Foundation (the Senate
provided allocations for these two foundations at levels of
$18,000,000 and $10,500,000, respectively).
The conference agreement also includes Senate language
requiring that not less than 65 percent of the funds made
available for family planning assistance shall be made
available directly to the agency's central Office of
Population.
The conference agreement also includes language
authorizing funding to assist Vietnam to reform its commercial
and investment legal code. Prior to obligating funds for this
program, the managers direct the Administrator of USAID, in
consultation with the Secretary of State, to consider whether
the Government of the Socialist Republic of Vietnam has: (1)
cooperated with requests by the United States to obtain full
and free access to persons of humanitarian interest to the
United States for interviews under the Orderly Departure (ODP)
and Resettlement Opportunity for Vietnamese Refugees (ROVR)
programs; (2) provided exit visas to persons of humanitarian
interest to the United States; and (3) released all religious
prisoners, including Catholic, Buddhist, and Protestant clergy.
The managers direct the Secretary to provide a report to the
Committees on Appropriations outlining the government of
Vietnam's actions on these three issues prior to obligating
funds for this program.
The conference agreement also includes language allowing
up to $17,500,000 to be transferred to ``International
Organizations and Programs'' for a contribution to the
International Fund for Agricultural Development (IFAD). The
Senate amendment contained language mandating such a transfer.
The conference agreement also includes language stating
that not less than $500,000 shall be made available only for
support of the United States Telecommunications Training
Institute.
The conference agreement does not contain Senate language
requiring that not less than $15,000,000 shall be available
only for the American Schools and Hospitals Abroad program.
However, the managers direct that the Agency for International
Development not take steps to terminate this program, and that
at least the same level of funds be made available in fiscal
year 1997 that were made available in fiscal year 1996 for the
American Schools and Hospitals Abroad program.
The managers direct USAID to make available $2,000,000 in
development and disaster assistance funds through
nongovernmental organizations for reconstruction and capacity
building in Afghanistan, in areas of the country that are
stable and where economic development has begun. The managers
are aware of the enormous need for this assistance in
Afghanistan and believe that the United States should begin to
move beyond funding only short term activities related to
refugee repatriation and into longer term activities related to
rehabilitation and reconstruction. The managers are encouraged
that a number of nongovernmental organizations are already
working in that country.
The managers agree with the House report language
encouraging AID to utilize funds made available for
nongovernmental organizations in southern Sudan outside
government control to include capacity building activities in
addition to traditional disaster relief programs.
The managers agree with the House report language on
microenterprise regarding poverty lending programs, and agree
that a significant portion should be channeled through central
mechanisms such as nongovernmental organizations.
The managers are aware that a significant cost associated
with United States food and relief efforts overseas is grain
spoilage and loss at ports of entry. To make better use of
scarce foreign aid funds, the managers support efforts to
improve grain storage. The managers urge the Office of Foreign
Disaster Assistance to continue with demonstration projects at
overseas locations to reduce grain loss by improving
weatherproof/hermetically sealed storage.
The managers strongly support the fertilizer-related
research and development being conducted by the International
Fertilizer Development Center (IFDC) and direct the
Administrator of AID to make at least $2,000,000 available for
the core grant to IFDC.
The conference agreement recommends $12,000,000 for AID's
Office of Women in Development, and the managers encourage AID
to undertake the institutional changes needed to support women
in development. Investing in women is crucial to reducing
hunger and poverty worldwide, strengthening families, and
achieving equitable economic growth.
The level of funding for the International Disaster
Assistance account assumes funds for the continuation of
Operation Provide Comfort.
Notwithstanding recent developments, the Administration
is directed to take all appropriate steps to reestablish
security for the humanitarian assistance to the Kurdish people
of Northern Iraq.
Using funds available under the Peacekeeping Operations
account, the administration is directed to use all available
means to support efforts at reconciliation between the Kurdish
factions in Northern Iraq, thereby reestablishing our influence
and credibility in this highly unstable area.
Population, Development Assistance
The conference agreement deletes Senate language
proposing a separate appropriation account of $410,000,000 for
population activities. The funding for such activities is
provided in ``Development Assistance'' in the conference
agreement. This matter is also addressed in section 518A of the
conference agreement.
cyprus
The conference agreement includes Senate language
earmarking not less than $15,000,000 of the funds appropriated
under ``Development Assistance'' and ``Economic Support Fund''
for Cyprus, to be used only for scholarships, administrative
support, bicommunal projects, and measures aimed at
reunification of the island. The House bill contained no
provision on this matter.
burma
The conferees have earmarked $2,500,000 to support
democracy and humanitarian programs in Burma. These resources
may be made available both inside and outside Burma and should
be targeted to support organizations, individuals and
activities which promote the implementation of the 1990
elections.
The conferees are disappointed that the Administration
continues to oppose expending any funds to support the
restoration of democracy. In submissions to the conference, the
Administration indicated opposition to an earmark because ``an
interagency committee has had a difficult time finding suitable
recipients'' for fiscal year 1996 funds. In fact, the requests
for funding submitted to the State Department substantially
exceeded available resources. Proposals submitted by
experienced and effective organizations such as the National
Endowment for Democracy received only partial support due to
funding shortfalls.
Once again, the conferees expect to be consulted on a
plan for expending and expanding U.S. support for democracy in
Burma.
Debt Restructuring
The conference agreement appropriates $27,000,000 as
proposed by the Senate instead of $10,000,000 as proposed by
the House. The agreement includes Senate language to allow
modification of concessional loans made to Jordan under title I
of the Agricultural Trade Development and Assistance Act of
1954. The managers agree with the Senate report language
indicating that debt relief for Jordan should be provided over
two years.
Housing Guaranty Program Account
The conference agreement appropriates $3,500,000 for the
subsidy appropriation for the housing guaranty program instead
of $500,000 as proposed by the House and $4,000,000 as proposed
by the Senate. The conference agreement also contains language
proposed by the Senate that waives section 223(j) of the
Foreign Assistance Act with regard to programs for Eastern
Europe, and deletes House language that would have limited
funds only for activities in South Africa.
Operating Expenses of the Agency for International Development
The conference agreement appropriates $470,750,000
instead of $465,750,000 as proposed by the House and
$495,000,000 as proposed by the Senate.
In addition, the conference agreement deletes language
that was contained in the Senate amendment prohibiting the
relocation of the Agency for International Development to the
new building at the Federal Triangle. The House bill did not
address this matter.
Operating Expenses of the Agency for International Development Office
of the Inspector General
The conference agreement appropriates $30,000,000 as
proposed by the House instead of $28,000,000 as proposed by the
Senate. The conference agreement includes $600,000 for new
anti-terrorism activities as requested by the President. The
managers endorse the House report language regarding the New
Management System of AID, and request regular reports from the
Inspector General on this matter.
Economic Support Fund
The conference agreement appropriates $2,343,000,000
instead of $2,340,000,000 as proposed by the Senate and
$2,336,000,000 as proposed by the House.
The conference agreement inserts language proposed by the
Senate which earmarks $1,200,000,000 for Israel and
$815,000,000 for Egypt, of which not less than $200,000,000
shall be provided as Commodity Import Program assistance, and
links aid to Egypt and Israel in great measure upon their
continued participation in the Camp David Accords. The
conference agreement also provides that aid to Egypt is
provided with the understanding that Egypt will undertake
significant economic reforms and that in providing aid to Egypt
and Israel the President shall ensure the level of aid does not
cause an adverse impact on the total level of non-military
exports from the United States to each country.
The conference agreement strikes language inserted by the
Senate earmarking $3,000,000 to establish an independent radio
broadcasting service to Iran.
The conference agreement strikes language inserted by the
Senate providing for the transfer of $36,000,000 of unobligated
and unearmarked prior year funds to ``International
Organizations and Programs''.
The managers acknowledge steps taken in the past several
months by the Government of Egypt to continue reform in its
telecommunication sector. The incorporation of the National
Telecommunications Policy into legislation passed by the
People's Assembly in July and the appointment of commissioners
and staff for a regulatory council are key parts of AID's
telecommunications policy reform agenda. The conferees strongly
support and encourage such reforms.
The conferees remain concerned about the serious human
health and environmental problems associated with the misuse
and overuse of chemical fertilizers, pesticides, and
herbicides. The conferees recommend that AID give greater
attention to nonchemical, organic, scientifically-based soil
enhancers, pest control technologies, and poultry feeding
additives. The conferees strongly recommend that AID funds
allocated for economic development in Egypt be available for a
program to test organic, non-chemical agricultural products and
that AID undertake this activity as soon as possible.
The managers express their strong support for the
initiation of a Middle East and Mediterranean desert
development program to significantly increase efforts to expand
regional cooperation in combating growing desertification in
the Middle East and southern Mediterranean region. The managers
believe that such a program would be environmentally viable and
mutually beneficial to nations in this region and therefore the
managers recommend that up to $5,000,000 should be made
available to support this worthwhile undertaking.
The managers express strong support for the Middle East
Multilateral Working Groups which support the Middle East peace
process. In particular, the conferees strongly support full
funding for the activities of the Arms Control and Regional
Security Working Group which is working to develop a stable and
durable security structure for the Middle East. The managers do
not consider the arms control activities of the working group
as ``military or paramilitary'' activities prohibited by
section 531(e) of the Foreign Assistance Act of 1961 but rather
they constitute activities essential in supporting ``political
stability'' in the Middle East as specifically provided for in
section 531(a) of that same Act.
The managers request that the Department of State report
to the Congress on or before January 15, 1997 with a detailed
summary of United States policies designed to reduce and
eliminate today's mounting persecution of Christians throughout
the world. The managers also request USAID to consider the
meritorious proposals of the R'fa-aye-nu Society regarding its
efforts to preserve and copy the rich treasure of Judaic/
Christian materials which have been stored in archives in
Central and Eastern Europe.
International Fund for Ireland
The conference agreement appropriates $19,600,000 as
proposed by the House. The Senate amendment did not contain a
provision on this matter.
Assistance for Eastern Europe and the Baltic States
The conference agreement inserts House language struck by
the Senate that prohibits funds from being used for new housing
construction or repair or reconstruction of existing housing in
Bosnia and Herzegovina unless directly related to efforts of
United States troops to promote peace in said country. The
agreement also inserts Senate language that withholds 50
percent of the funds made available for economic revitalization
for Bosnia and Herzegovina unless the President determines and
certifies to the Committees on Appropriations that the
Federation of Bosnia and Herzegovina has complied with the
Dayton agreement regarding the removal of foreign forces, and
that intelligence cooperation on training, investigations, and
related activities between Iranian and Bosnian officials has
been terminated.
The managers are concerned that the U.S. Agency for
International Development has not effectively utilized the
unique resources of ethnic American organizations. The
22,000,000 Americans who trace their heritage to Central and
Eastern Europe have a long-term commitment to that part of the
world and include professionals who have an intimate
understanding of the culture, politics, and language of the
region. Many of their organizations use their own resources to
engage in projects to strengthen democracy and market reforms
in the region, and are exceptionally qualified to participate
in USAID activities. The conferees, therefore, direct USAID to
involve Central and East European ethnic organizations in the
design and implementation of programs under this heading and
the following heading, consistent with subparagraphs (i) and
(j) of the second heading.
bosnia
The conferees have once again included language
withholding half the reconstruction funds for Bosnia and
Herzegovina until the President certifies that the Federation
is in compliance with the Dayton Accord requirements to remove
all foreign forces and terminate intelligence cooperation,
training and related activities with Iranian officials.
Although the Administration certified in June 1996 that the
Federation was in compliance with these terms, the conferees
take note of subsequent reports from credible sources that
foreign forces continue to operate in Bosnia posing a direct
threat to American and NATO troops. The conferees expect the
Administration to take all steps necessary to assure the
removal of these forces before disbursing additional economic
funds as provided in the conference agreement.
The funding levels for Bosnia and Herzegovina in the
conference agreement are tied to the presence of a free,
independent, private broadcasting network with nationwide
access as an alternative to state-operated television stations.
This is essential to the development of democratic institutions
and the rule of law throughout Bosnia and Herzegovina that is
envisioned in the Dayton Agreement and called for by the
recently conducted nation-wide elections. The managers strongly
encourage robust support by the United States for the
independent Open Broadcast Network or a similar private
national station capable of delivering unbiased and
unrestricted news and information to all of the people of
Bosnia and Herzegovina. They further direct that no funds
provided in this Act may be used to support the state-
controlled stations if the Open Broadcast Network or a similar
private station is not granted the appropriate license or
national broadcasting access, or is otherwise restricted by the
Government of Bosnia and Herzegovina.
Assistance for the New Independent States of the Former Soviet Union
The conference agreement appropriates $625,000,000
instead of $590,000,000 as proposed by the House and
$640,000,000 as proposed by the Senate. The agreement also
inserts House language applying the waiver authority of Sec.
498B(j) of the Foreign Assistance Act to funds appropriated
under this heading, but the managers share the Senate concern
that such waivers of existing law should be utilized
infrequently.
mongolia
The conference agreement reduces the Senate earmark for
Mongolia from $11,000,000 to $10,000,000, of which not less
than $6,000,000 shall be available only for the Mongolian
energy sector.
The managers note that AID funding for Mongolia has not
utilized the long-standing authority to use NIS funds, but
allow the earmark to be administered by the Asia-Near East or
Global bureau from other funds in title II. The Administrator
is requested to designate the bureau which will implement this
provision and to report to the Committees within 30 days of
enactment the offices/missions and individuals responsible for
the Mongolia program. The Coordinator and the Administrator are
urged to cooperate to restore a robust program of assistance to
Mongolia, consistent with its progress toward democracy and a
market economy. The Secretary of the Treasury is urged to
encourage the multilateral development banks funded in Title IV
to increase assistance for Mongolia, especially in its energy
sector.
russia-Iran
Obligation of funds for Russia is made contingent on a
determination by the President that the Government of Russia
has terminated implementation of arrangements to provide Iran
with certain goods and services related to nuclear programs in
Iran. The managers also include a provision allowing the
President to waive the provisions of the paragraph on national
security grounds. The Senate had no similar waiver provision.
ukraine
The conference agreement earmarks $225,000,000 for
Ukraine. Within this earmark, the managers have included a
number of sub-earmarks designed to support critical socio-
economic and political needs. Programs to improve nuclear
safety, small business development, agricultural productivity
and legal reforms continue to be high priorities. Support for
initiatives in these areas strengthen prospects for Ukraine's
economic prosperity and political independence, which in turn,
contribute to regional stability, a key concern to the United
States.
The conference has included Senate language terminating
assistance to the Government of Ukraine if the President
determines and reports to the Committees that the Government of
Ukraine is engaged in military cooperation with the Government
of Libya. There was no similar House provision. The managers
have also included a Presidential waiver based on national
security findings.
belarus
Little space remains for political dissent in Belarus,
and the failing economy is rapidly moving toward complete state
control. Under these circumstances, which have led to
Belarussian leaders of the opposition seeking asylum in the
United States, the managers do not expect that any funds made
available under this heading will be used to support the
current Government of Belarus.
chornobyl
The conferees urge AID to supplement the generosity of
tens of thousands of Americans, many of Ukrainian descent,
directed to the victims of the Chornobyl nuclear tragedy by
generously supporting programs to screen and treat childhood
mental and physical illness related to Chornobyl radiation.
This priority should supersede any non-conforming ``strategic
objectives'' of USAID.
The fear of birth defects in the regions affected by the
Chornobyl accident has resulted in a sharply lower birth rate.
The managers encourage USAID to support programs to reduce
birth defects and register birth defects among children in
affected regions of Ukraine, Belarus, and Russia.
Health, Crime and Morbidity
The alarming increase in morbidity in the former Soviet
Union is accompanied by other health problems that could
benefit from American experience and expertise, but health and
environmental health have not been top priorities for USAID and
the Coordinator. They should be. In addition to environmental
health programs related to Chornobyl, the managers urge AID to
expand cooperation in the health sector. The activities citied
in the fiscal year 1996 Act and repeated in the 1997 Senate
bill are still worthy of expanded support: hospital partnership
programs, medical assistance to directly reduce the incidence
of infectious diseases, and a program to treat contaminated
drinking water in the former Soviet Union.
Other health and environmental health programs should be
actively explored and undertaken by USAID where feasible.
Unfortunately, in Russia and neighboring states, abortion
became a major method of family planning during the Soviet
period. USAID is directed to expand its support for family
planning programs which provide an alternative to abortion,
consistent with the Senate report language.
The conference managers are alarmed by the incidence of
violence against women in the region, especially in Russia,
where in a single year an estimated 15,000 women die and 50,000
are hospitalized as a result of domestic violence. Cooperative
programs in both the health and law enforcement sectors should
include efforts to reduce violence against women. The conferees
direct that of the funds made available for both programs in
Russia, $1,000,000 be made available to support training and
exchanges to help address this urgent matter.
The conference concurs with the Senate report language
that crime and corruption are some of the biggest impediments
to private investment and economic growth in the former Soviet
Union. Not less than the current level of funding should be
made available for law enforcement training and exchanges in
Central Europe and the NIS.
caucasus Region
In establishing the Trans-Caucasus Enterprise Fund, as
directed in P.L. 104-107, the President is encouraged to use
funds made available in this Act, as well as the amount
provided previously. After consultation with the relevant
Congressional committees, the President may use any combination
of traditional enterprise fund, Overseas Private Investment
Corporation funds, European Bank for Reconstruction and
Development funds, small or micro loans through non-
governmental organizations, or other suitable mechanism to
achieve the purposes described in P.L. 104-107.
The conferees direct that assistance to Azerbaijan,
including the region of Nagorno-Karabakh, by nongovernmental
and international organizations shall not be precluded by this
language from using and repairing Government facilities or
services such as housing, warehouses, clinics, hospitals, and
vehicles to effectively deliver humanitarian services and
supplies to needy civilians. The conferees expect these
organizations to maintain effective monitoring procedures to
assure appropriate supervision over supplies and recipients.
The conferees intend that Government personnel be allowed
to distribute humanitarian commodities such as doctors giving
out medicine to needy civilians and that these supplies may be
transferred to Government personnel for the purpose of
distribution. The conferees also intend that needy civilians,
especially refugees and displaced persons, be permitted to
receive assistance in growing food for their own sustenance,
and are not precluded from selling excess in the private sector
to begin the transition to personal economic self-sufficiency.
caspian region energy development
The managers request the Secretary of State, in
consultation with the Secretaries of Energy and the Treasury,
and the Agency for International Development, the Export-Import
Bank, Overseas Private Investment Corporation, and the Trade
and Development Agency, to submit a report by March 1, 1997, to
the Committees on Appropriations, Foreign Relations, and
International Relations, containing a plan of action for the
United States Government to assist and accelerate the earliest
possible development and shipment of oil from the Caspian Sea
region to the United States and other Western markets. The
report should include (1) an explanation of the financial,
diplomatic, geographic, political, environmental and other
considerations that must be addressed to accomplish the
exploration, development, and shipment of the region's oil,
consistent with international commercial practices; (2) steps
the Administration intends to take to pursue these initiatives;
and (3) recommendations for legislative action.
armenia
Because of concern about the impact of the continuing
blockade and conflict in the region surrounding Armenia, the
conferees direct that the Agency for International Development
and other United States Government agencies provide no less
than $95,000,000 for technical and humanitarian assistance
requested by the Government of Armenia and qualified non-
governmental organizations in Armenia. Consistent with
paragraphs (i) and (j) under this heading, such agencies are
encouraged to take advantage of the expertise and experience of
Armenian-American private voluntary organizations and
individuals.
georgia
Although the managers did not earmark resources for
Georgia, the Administration is expected to sustain a level of
support at least comparable to that provided in fiscal year
1996. Georgia continues to lag behind its neighbors in economic
and political reforms. Nonetheless, the managers recognize the
Georgian leadership's commitment to accelerating the pace and
scope of needed change and believe U.S. support is essential to
assuring these efforts are successful.
chechnya
The managers are deeply concerned about the conflict in
Chechnya, particularly, the Russian assaults on Chechen
villages that commenced days after the re-election of President
Yeltsin. They request that President Clinton instruct the
Department of State to take a more forceful and active role in
seeking a permanent end to the conflict. The committee of
conference calls on the Government of the Russian Federation to
permanently halt offensive military actions in Chechnya and
neighboring regions. It further requests that President Boris
Yeltsin take immediate steps to fully implement peace
agreements reached by his national security advisor, Alexander
Lebed. A report on Chechnya is also required under Section 573
of this Act.
eastern russia/siberia
The conferees commend AID for its efforts to move beyond
Moscow and to promote the development of the eastern areas of
the Russian Federation that are closest to the western United
States. The conference concurs with Senate report language
regarding the American-Russian Center and its training
facilities in major cities of the region, and directs AID to
make available all necessary funding during the Center's
transition to full financial self-sufficiency by 1998.
The managers support the expansion of funding of programs
to promote sustainable agricultural practices through
replicating the U.S. extension model at Russian agricultural
colleges.
Independent Agency
peace corps
Appropriates $208,000,000 for the Peace Corps instead of
$212,000,000 as proposed by the House and $205,000,000 as
proposed by the Senate.
The managers anticipate that not less than $12,000,000
will be made available to the Peace Corps from NIS funds, in
addition to the funds provided in this account.
Department of State
international narcotics control
The conference agreement appropriates $213,000,000 for
International Narcotics Control. The House bill proposed
$150,000,000 for this account, while the Senate amendment
contained an appropriation of $213,000,000. In addition, the
conference agreement includes language prohibiting the
obligation of funds to the units of foreign security forces
that the Secretary of State has credible evidence have been
involved in gross violations of human rights, unless steps have
been taken to bring such individuals to justice.
The managers expect that a significant portion of these
funds will be used to expand programs in alternative
development, to enable farmers in Latin America to shift from
growing coca to legitimate agricultural crops.
The conference agreement deletes Senate language
earmarking $2,000,000 for demining operations in Afghanistan.
This issue is addressed in the Nonproliferation, Anti-terrorism
and Demining account.
The managers direct that the Department of State consult
closely with the Committees on Appropriations regarding the
spending plans for this account. The managers further expect
quarterly reports from the Department of State to the
Committees on Appropriations on the implementation of programs,
projects, and activities regarding international narcotics
control.
migration and refugee assistance
The conference agreement deletes House language which
would require a notification for the obligation of funds to the
United Nations High Commissioner for Refugees for support of
refugees from Rwanda. The conference agreement also inserts
Senate language that earmarks not less than $80,000,000 for
refugees from the former Soviet Union and Eastern Europe and
other refugees resettling in Israel.
rwanda
Although the conference agreement does not contain House
language requiring a notification for support of refugees from
Rwanda, the managers direct the Department of State to consult
fully with the Committees on Appropriations prior to any
obligation of funds to the United Nations High Commissioner for
Refugees for this purpose. Due to the high priority that should
be assigned to efforts to resolve the conflicts in the region,
the managers believe the Special Representative for Rwanda and
Burundi should report directly to the Secretary, rather than
through intermediaries, on all matters regarding this area of
Africa. The managers further request regular reports from the
Administration to the Committees on Appropriations on progress
in resolving the situation in Rwanda and Burundi.
refugee resettlement assistance
The conference agreement appropriates $5,000,000 for
``Refugee Resettlement Assistance'' as proposed by the House.
The Senate amendment contained no provision on this matter.
nonproliferation, anti-terrorism, demining and related programs
The conference agreement appropriates $133,000,000 for
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' instead of $140,000,000 as proposed by the Senate
and $135,000,000 as proposed by the House.
korean peninsula energy development organization
The conference agreement also inserts language which
provides that not to exceed $25,000,000 may be made available
to the Korean Peninsula Energy Development Organization (KEDO)
only for administrative expenses and heavy fuel oil costs
associated with the Agreed Framework. The conference agreement
further provides that before obligating funds to KEDO the
President must certify to the Congress that: the U.S. is taking
steps to assure progress is being made on the implementation of
the denuclearization agreement and the North-South Dialogue;
North Korea is complying with the other provisions of the
Agreed Framework; North Korea is cooperating fully in the
canning and storage of spent fuel; and North Korea has not
significantly diverted assistance. These certification
requirements may be waived by the President if he deems it
vital to the national security interests of the United States
and no funds may be obligated until 30 days after submission of
the waiver. The agreement further provides that before
obligating any funds for KEDO the President shall submit a
report to Congress on: North Korean cooperation with United
States on the return of the remains of Korean War MIAs;
violations of the Armistice agreement; actions which the U.S.
is taking to assure that North Korea is implementing the
denuclearization agreement and engaging in the North-South
dialogue; and, all instances of non-compliance with the Agreed
Framework, including diversion of heavy fuel oil. The
conference agreement provides that the obligation of such funds
shall be subject to the regular notification procedures of the
Committees on Appropriations. The conference agreement inserts
language which requires the Secretary of State to submit to the
appropriate congressional committees an annual report (to be
submitted with the annual presentation for appropriations)
detailing 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 raised from other
donor nations to support KEDO activities on a per country
basis. The managers agree that none of the funds in this bill
that are made available for KEDO in fiscal year 1997 may be
used to contribute to the light-water nuclear reactors being
provided to North Korea under the terms of the Agreed
Framework.
demining activities
The managers recognize the need to enhance the
effectiveness of landmine clearance efforts in Afghanistan
which is littered with an estimated 10,000,000 to 14,000,000
landmines, and recommended that $2,000,000 be made available
for this purpose. The conferees stress the priority of clearing
mines from agricultural lands to increase food production and
support anti-narcotics efforts. In addition, the managers urge
the administration to make at least $1,500,000 available for
demining activities in Cambodia.
TITLE III--MILITARY ASSISTANCE
International Military Education and Training
The conference agreement appropriates $43,475,000 as
proposed by the House instead of $40,000,000 as proposed by the
Senate.
The conference agreement deletes two Senate provisions
which limit grant IMET for ``High Income'' countries and
provide authority for IMET training for members of national
legislatures and individuals who are not members of the
government. Similar provisions are included in Public Law 104-
164, signed on July 20, 1996.
The managers express their strong support for the newly
elected government in Mongolia and urge the administration to
utilize IMET training, particularly expanded IMET, for the new
members of the State Great Hural, particularly those sitting on
the security committee, as well as civilian and military
personnel at the Ministry of Defense. The managers recommend
$350,000 to carry out these activities and urge the
administration to accelerate the provision of this training to
the maximum extent practical.
Foreign military financing program (grant program)
The conference agreement appropriates $3,164,000,000
instead of $3,224,000,000 as proposed by the Senate and
$3,222,250,000 as proposed by the House.
The conference agreement also inserts earmarks for Israel
and Egypt which provide that 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.
The conference agreement deletes Senate language which
provides that Poland, Hungary, and the Czech Republic shall be
designated as eligible to participate under the NATO
Participation Act of 1994. Similar language is included in
Title VI.
The conference agreement provides that not less than
$30,000,000 shall be made available for Poland, Hungary, and
the Czech Republic to carry out title II of Public Law 103-477
(The NATO Participation Act) and section 585 (The NATO
Participation Act Amendments of 1995) of Public Law 104-107.
The conference agreement amends Senate language which
provides that up to $20,000,000 may be transferred from
``Assistance for Eastern Europe and the Baltic States'' and
``Assistance for the New Independent States of the Former
Soviet Union'' to this account to provide support for NATO
expansion and the Warsaw Initiative, notwithstanding any other
provision of law. The conference agreement retains the Senate
language and provides that up to $7,000,000 may be transferred
under this authority.
The managers note the success of the Partnership for
Peace (PFP) and the Warsaw Initiative which receive funds from
this account. PFP is doing an excellent job preparing nations
for possible membership in NATO as well as providing a
framework for other nations to develop a closer security
relationship with NATO. The managers instruct the Secretary of
State, in consultation with the Secretary of Defense, to
provide to the Committees on Appropriations, no later than
March 15, 1997, a report detailing the activities of PFP, the
types and extent of PFP programs, the nations participating in
PFP, the resources being contributed by current NATO members
participating in PFP, and a detailed description of the PFP
budget. In addition, the report should contain an estimate of
the possible costs to the United States associated with
membership in NATO of Poland, Hungary, the Czech Republic or
Slovenia. The report should also include a separate section on
the feasibility of an enhanced PFP which would place greater
emphasis on Combined Joint Task Forces as well as
recommendations on how to enhance the consultation process,
especially the crisis management mechanism, between NATO and
PFP members. The report may include a classified annex if
deemed necessary by the Secretary of State.
The conference agreement also appropriates $60,000,000 as
proposed by the Senate for the subsidy cost of direct loans
instead of $35,000,000 as proposed by the House. The conference
agreement provides that these funds are available to support
$540,000,000 in direct loans as proposed by the Senate instead
of $323,815,000 as provided by the House.
The conference agreement earmarks $20,000,000 for Poland,
Hungary, and the Czech Republic.
The conference agreement retains the Senate proposed
levels of $122,500,000 and $175,000,000 as ceilings on FMF
loans to Greece and Turkey respectively instead of $103,471,000
and $147,816,000 as proposed by the House.
The conference agreement adopts House language which
deletes ``Peru'' from the list of countries prohibited from
receiving funds. The Senate had proposed prohibiting funds to
Peru. The managers note that the administration did not request
Foreign Military Financing assistance for Peru in fiscal year
1997 and therefore the managers believe that this prohibition
is not necessary at the present time. However, while the
managers believe that Peru has made progress in recent years,
there are still significant human rights issues which remain of
concern, particularly those relating to the Peruvian military.
As a result, the conferees would not support the provision of
Foreign Military Financing assistance to Peru.
The conference agreement deletes language proposed by the
Senate that no funds may be made available for Colombia or
Bolivia until the Secretary of State certifies that such funds
will be used ``primarily'' for counternarcotics activities. The
managers note that no FMF funds were requested by the
administration for fiscal year 1997 for Colombia or Bolivia,
therefore this provision is not necessary at the present time.
The conference agreement deletes similar House (Section
575 of the House passed bill) and Senate language which
requires that the Department of Defense at the request of
Defense Security Assistance Agency conduct nonreimbursable
audits of private firms with FMF financed contracts. A similar
provision is included in Public Law 104-164, signed on July 20,
1996.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
International Financial Institutions
contribution to the international bank for reconstruction and
development global environment facility
The conference agreement appropriates $35,000,000 as
proposed by the Senate instead of $30,000,000 as proposed by
the House.
contribution to the international development association
The conference agreement appropriates $700,000,000 as
proposed by the Senate instead of $525,000,000 as proposed by
the House.
The conference agreement also changes the heading to
``International Development Association'', as provided in the
House bill, instead of ``Contribution to the Interim Trust Fund
at the International Development Association'', as proposed by
the Senate. The conferees delete House language requiring a
report from the Secretary of the Treasury detailing United
States efforts to oppose the formation of the Interim Trust
Fund and the adverse consequences of using the Interim Trust
Fund to deny procurement opportunities to American companies.
The conference agreement provides $700,000,000 for
payment to the International Development Association (IDA), the
same amount as in fiscal year 1996. Although this leaves a U.S.
unfunded commitment balance of $234,000,000, it demonstrates
the conferees' intention to support IDA during a period of
declining budgets.
The managers note that the United States, which was
instrumental in creating IDA and has provided contributions
ranging from 42 to 20 percent of IDA's budget over nearly three
decades, provides the dominant share of economic and military
resources to support global development and security. These
resources significantly benefit IDA-11 donors in such unstable
regions as Bosnia, the Korean Peninsula, and the Middle East.
While the managers understand that the Interim Trust Fund
(ITF) was created to maintain IDA funding levels while the U.S.
fulfills its commitments to both IDA and a balanced domestic
budget, they strongly oppose the restrictions on procurement
financed by the ITF. The conferees suggest that it is unwise
for an international financial institution to preclude its
traditional donors from competing for contracts funded by the
institution. These restrictions threaten future U.S.
participation in IDA, and IDA's future as the primary source of
lending to the world's poor.
Therefore, the conference agreement withholds obligation
of the $700,000,000 until after the February 1997 IDA-11 donors
review meeting, and anticipates that the Secretary of the
Treasury will secure agreement of IDA-11 donors to suspend or
cancel the procurement restrictions. The Secretary is to report
to the Committees on Appropriations on the level of
discussions, the reactions of other donors, and the result of
his efforts. Failure to lift the procurement restrictions could
jeopardize U.S. support for IDA-11.
north american development bank
The conference agreement appropriates $56,000,000 for
paid-in capital of the North American Development Bank instead
of $50,625,000 as proposed by the House and $56,250,000 as
proposed by the Senate.
international organizations and programs
The conference agreement appropriates $169,950,000
instead of $136,000,000 as proposed by the House and
$270,000,000 as proposed by the Senate. The conference
agreement does not include funding of UNICEF in this account,
as proposed by the Senate. Funding of $100,000,000 for UNICEF
is contained in ``Child Survival and Disease Programs Fund''
under title II.
The conference agreement contains a funding ceiling of
$25,000,000 for the United Nations Population Fund (UNFPA) as
proposed by the House instead of $35,000,000 as proposed by the
Senate.
The conference agreement also inserts Senate language on
UNFPA that limits funding to UNFPA to one-half of the funding
ceiling prior to March 1, 1997, and requires 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. In
addition, the language requires that any amount UNFPA plans to
spend in the People's Republic of China in 1997 will be
deducted from the amount of funds provided to UNFPA after March
1, 1997. Finally, with respect to any funds made available to
UNFPA, the language requires UNFPA to maintain such funds in a
separate account and not to commingle them with any other
funds. The House language would have prohibited funds
appropriated under this heading from being made available to
the UNFPA unless the Secretary of State determined and reported
to the Congress that UNFPA programs in the People's Republic of
China have ended and the United States received assurances that
the UNFPA would not resume such programs during fiscal year
1997.
The conference agreement inserts House language which
prohibits funds under this heading from being made available to
the Korean Peninsula Energy Development Organization (KEDO),
and Senate proposed language which prohibits funds under this
heading from being made available for the International Atomic
Energy Agency (IAEA). The United States voluntary contributions
to both organizations are now funded in ``Nonproliferation,
Antiterrorism, Demining, and Related Programs''.
The conference agreement does not contain Senate language
earmarking $3,000,000 for the World Food Program. The managers
support funding for the World Food Program and expect the
Administration to provide funding at this level.
Within the funds provided in the conference agreement,
the conferees expect that $78,700,000 will be made available
for a grant to the United Nations Development Program (UNDP).
The Framework Convention on Climate Change (FCCC)
negotiations and funding in support of global climate change
activities are matters of interest to the Committees on
Appropriations. The managers expect the Department of State to
keep the Committees fully informed of actions taken and funds
made available in the Act that are obligated in support of the
FCCC. Any decision to adhere to binding targets and timetables
for greenhouse gas emission reductions is a substantial change
in 1992 FCCC commitments which requires congressional advice
and consent. Any such decision will have a significant impact
on trade, competitiveness and American jobs. Therefore, the
managers direct that a comprehensive economic impact analysis
be prepared to evaluate any proposed FCCC agreement at least
six months prior to a vote on a final negotiating text of an
agreement. The managers suggest formal consultations with
nongovernmental organizations, U.S. labor and business
organizations, and Congress to help ensure that the U.S.
negotiating position accurately reflects United States national
interests.
The managers recognize the importance of international
organizations and programs in protecting the environment.
Support for these activities, such as the RAMSAR international
wetlands treaty and the Convention on International Trade in
Endangered Species of Wild Fauna and Flora, represent a good
investment in preserving wildlife and its habitat. The managers
expect that the full amount of funds pledged by the
Administration will be provided for these activities.
TITLE V--GENERAL PROVISIONS
Sec. 507--Prohibition Against Direct Funding for Certain Countries
The conference agreement deletes ``Serbia'' from the list
of countries prohibited from receiving assistance under the
terms of this provision as proposed by the House. The managers
address special concerns about Serbia in sec. 520.
Sec. 509--Transfers Between Accounts
The conference agreement deletes Senate language
providing that the exercise of the authority under this section
shall be subject to the regular notification procedures of the
Committees on Appropriations, except for transfer specifically
referred to in this Act. The conference agreement requires
consultations with the Committees on Appropriations, as
provided in the House bill.
Sec. 511--Availability of Funds
The conference agreement inserts Senate language with
regard to the availability of funds for cash disbursements;
this is a technical provision.
Sec. 513--Commerce and Trade
The conference agreement restores House language at the
end of subsection (a) that provides authority to the Board of
the Export-Import Bank to waive the prohibition on the use of
funds to establish or expand production of commodities that
could adversely affect United States producers.
Sec. 515--Notification Requirements
The conference agreement makes ``Child Survival and
Disease Programs Fund'' and ``Debt restructuring'', as proposed
by the House, subject to the notification requirements of this
section.
Sec. 516--Limitation on Availability of Funds for International
Organizations and Programs
The conference agreement inserts House language to
provide that September 30, 1998 shall be the expiration date
for the obligation of funds that are withheld pursuant to the
provisions of this section.
Sec. 518A--Population Assistance Funding Limitations
The conference agreement includes language limiting funds
for bilateral international population assistance to
$385,000,000, and apportioning such funds at a monthly rate of
not to exceed 8 percent. Such funds would become available for
obligation on July 1, 1997. However, the President would be
required to submit a finding by February 1, 1997, regarding the
affect of the obligation delay on the program. Under expedited
procedures, both Houses of Congress would be required to
consider a joint resolution to approve a negative finding
before the end of February. If such resolution were adopted and
signed into law, funds would become available for obligation on
March 1, 1997. However, the monthly apportionment of not to
exceed 8 percent would remain in effect.
Sec. 520--Special Notification Requirements
The conference agreement deletes ``Russia'' and ``South
Africa'' from the list of countries subject to the special
notification requirements of this section, as proposed by the
Senate, but does not delete ``Serbia'', ``Dominican Republic'',
or ``Peru''. The conference agreement also includes
``Guatemala'' as proposed by the Senate; however, special
notification requirements would not be required for development
assistance.
Sec. 5527--Prohibition on Bilateral Assistance to Terrorist Countries
The conference agreement inserts ``Notwithstanding any
other provision of law'' at the beginning of this section as
proposed by the Senate; otherwise the language is identical to
the House bill.
Sec. 531--Separate Accounts
The conference agreement inserts House language to
require AID to take all necessary steps to ensure that local
currency funds are used pursuant to purposes identified in this
section, while the Senate amendment would require only that
appropriate steps be taken.
The conference agreement also retains subsection (a)(6)
of the House bill, which was deleted by the Senate, which
requires reporting by the Administrator of AID on the use of
local currencies for administrative purposes.
Sec. 533A--Competitive Pricing for Sales of Defense Articles
The conference agreement inserts language proposed by the
Senate which provides that the direct costs associated with a
foreign buyer's unique or additional requirements are allowable
for contracts under section 22(d) of the Arms Export Control
Act, and loadings shall be permitted at the same rates paid by
DOD for like items purchased for its own use. The House bill
did not address this matter.
Sec. 539--Authority To Assist Bosnia and Herzegovina
The conference agreement inserts language proposed by the
Senate which limits Department of Defense drawdowns for Bosnia
and Herzegovina to not more than an aggregate of $100,000,000
in fiscal year 1996 and fiscal year 1997. The House bill
contained a similar limitation.
Sec. 541--Special Authorities
The conference agreement inserts language similar to that
proposed by the Senate regarding this section. The conference
agreement provides that none of the funds appropriated by this
Act may be available to a 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 the
Secretary of State determines is not acting vigorously to
prevent its members from facilitating the export of timber from
Cambodia by the Khmer Rouge; the amendment replaces House
language which terminated assistance if the President
determined that the military was not taking steps to prevent a
pattern or practice of commercial relations between its members
and the Khmer Rouge.
The conference agreement also requires the Secretary of
State to submit a report on February 1, 1997, to the Committees
on Appropriations whether such assistance is being prohibited,
the basis for such conclusions, and, if appropriate, the steps
behind taken to terminate assistance.
The conference agreement includes language which allows
the President to waive the prohibition on funds to militaries
facilitating the export of timber if the President determines
that it is important to the national security interest of the
United States; the waiver does not apply to the prohibition on
funds to a country or organization cooperating tactically or
strategically with the Khmer Rouge in their military
operations.
The conference agreement also deletes House language
allowing for the use of up to $50,000,000 under the authority
(relating to unanticipated contingencies) of section 451 of the
Foreign Assistance Act, and inserts the sum $40,000,000 as
proposed by the Senate.
Sec. 543--Anti-Narcotics Activities
The conference agreement retains House language
authorizing the use of the ``Economic Support Fund'' for
administration of justice programs pursuant to section 534(b)
of the Foreign Assistance Act in Latin America and the
Caribbean ``and in other regions''. The Senate amendment would
have allowed for the use of funds in accordance with the
provisions of section 534 for Latin America and the Caribbean
but did not include the term ``and in other regions''. The
conference agreement also includes House language that is
technical in nature.
Excess Defense Articles
The conference agreement deletes Senate proposed language
providing authority in fiscal year 1997 for the provision of
lethal and nonlethal defense articles. Similar language was
included in Public Law 104-164, signed by the President on July
20, 1996.
The Senate language included a report on certain human
rights concerns in Tunisia which was not included in P.L. 104-
164. Therefore the managers request that the Secretary of State
submit a report to the Committees on Appropriations, not later
than April 1, 1997 describing recent actions by the Government
of Tunisia to improve respect for civil liberties and promote
the independence of the judiciary.
Sec. 555--War Crime Tribunals
The conference agreement sets a limitation of $25,000,000
on the drawdown of commodities and services under the authority
of section 552(c) of the Foreign Assistance Act for the purpose
of supporting war crimes tribunals as proposed by the Senate
instead of $50,000,000 as proposed by the House.
Sec. 556--Landmines
The conference agreement inserts language which provides
that demining equipment available to the Agency for
International Development and the Department of State may be
provided to foreign countries for the clearing of landmines and
unexploded ordnance on a grant basis. The conference agreement
also inserts Senate proposed language which extends the United
States ban on the export of landmines by amending the National
Defense Authorization Act for Fiscal Year 1993 and inserting
``During the eight-year period beginning on October 23,
1992.''.
Sec. 559--Humanitarian Corridors
The conference agreement inserts Senate language
(amending Sec. 620H of the Foreign Assistance Act) which is
similar to House proposed language regarding countries which
block the provision of humanitarian assistance. The House
provision did not amend the Foreign Assistance Act of 1961 and
excluded ``Economic Support Funds'' from the Presidential
waiver authority. The managers note that when the waiver
included in Section 562 of P.L. 104-306 was exercised by the
President, it was done without prior notification to the
Congress. The conference agreement adds a provision which
requires the President to notify the Congress prior to
exercising the waiver authority.
Withholding of Assistance to Countries Supporting Nuclear Power Plant
in Cuba
The conference agreement deletes House language
withholding assistance from countries that are supporting the
completion of the Cuban nuclear facility at Juragua, near
Cienfuegos, Cuba, as proposed by the Senate. This matter was
addressed by Public Law 104-114, the ``Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996''.
Sec. 560--Equitable Allocation of Funds
The conference agreement inserts House language providing
that not more than 20 percent of the funds appropriated to
carry out the provisions of sections 103 through 106 and
chapter 4 of part II of the Foreign Assistance Act that are
made available for Latin America and the Caribbean region may
be made available, through bilateral and regional programs, to
provide assistance to any one country in such region. The
Senate deleted this provision.
Sec. 563--International Development Association
The conference agreement includes language authorizing
appropriations of $700,000,000 for the International
Development Association. The House bill would have authorized
$525,000,000. The Senate amendment did not contain a provision
on this matter.
Sec. 565--Authority To Engage in Debt Buybacks or Sales
The conference agreement inserts the word ``should''
instead of ``shall'' as proposed by the House in subsection
(d); the effect of the language is not to require consultations
with eligible countries prior to the sale or reduction of loans
pursuant to this section.
Sec. 566--Liberia
The conference agreement inserts House language allowing
for the obligation of funds for assistance to Liberia
notwithstanding section 620(q) of the Foreign Assistance Act
and section 512 of this Act (Limitation on Assistance to
Countries in Default). The Senate amendment deleted this
provision.
Sec. 567--Guatemala
The conference agreement retains language similar to that
proposed by the House. The conference agreement provides
authority to the President to waive restrictions on funding for
Guatemalan military forces under ``Foreign Military Financing
Program'' and ``International Military Education and Training''
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 process. The funding prohibition would not
apply to funds made available to implement a cease-fire or
peace agreement.
Sec. 568--Sanctions Against Countries Harboring War Criminals
The conference agreement inserts House language on this
matter. Under subsection (a), the language authorizes the
President to withhold funds for countries described in this
section. Under subsection (b), the language states the
President ``should'' instruct the United States executive
directors of the international financial institutions to work
in opposition to, and vote against, assistance to countries
described in this section.
Sec. 569--Limitation on Assistance to Haiti
The conference agreement inserts a provision limiting
assistance to the Government of Haiti unless certain conditions
are met, or unless the President waives the requirements of the
section. The conference substitute is similar to the House
provision, but requires that any Presidential waiver be
exercised semi-annually, rather than quarterly, as proposed by
House, and it does not include the names of three victims of
non-judicial killings of particular concern: Mireille Bertin,
Jacques Florival, and Jean Hubert Feuille.
Sec. 570--Policy Toward Burma
The conference agreement inserts Senate language
establishing conditional prohibitions on certain assistance to
Burma, sanctions on new investments in Burma, and restrictions
on visas issued to officials of Burma. However, the restriction
on visas for government officials is not mandatory in the
conference agreement.
U.S. foreign assistance is restricted with the exception
of support for humanitarian, counter-narcotics, and democracy
programs. The U.S. Directors at international financial
institutions are expected to oppose lending to Burma. The
Senate had also imposed a ban on issuing visas to officials of
the State law and Order Restoration Council (SLORC). The
managers have modified this restriction in view of the
Administration's declared intention to issue a Presidential
Proclamation delegating authority to the Secretary of State to
ban visas to both SLORC officials and individuals who impede
the restoration of democracy.
In addition to mandatory sanctions the conferees support
the imposition of a ban on new investment in the event that
specified acts are taken against Aung San Suu Kyi, the
legitimately elected leader of Burma, or there is large scale
violence or repression of the democratic opposition. The
conferees note that since June more than sixty members and
supporters of the National League for Democracy have been
arrested and more than half have been sentenced to long prison
terms. Aung San Suu Kyi has expressed the view that these
arrests are a ``war of attrition'' designed to undermine the
democracy movement. While it is impossible to establish a
number of arrests which meet a standard of ``large scale
repression'' the conferees are deeply concerned by the pattern
of abuses and arrests over the past several months. The
conferees have required a semiannual report on conditions in
Burma. The conferees expect the report to address whether the
recent pattern of arrests constitutes large scale repression.
Sec. 571--Report Regarding Hong Kong
The conference agreement deletes House language requiring
an additional report on March 31, 1997, under section 301 of
the United States-Hong Kong Policy Act of 1992. However, it
does require that the report already mandated in current law
shall address certain issues as specified in the House bill.
The Senate bill did not include a similar position.
Section 572--Use of Funds for Purchase of Products Not Made in America
The conference agreement requires a report on the
implications of a limitation on use of funds for the government
of a foreign country if the funds are to be used to purchase
certain equipment or products made in a country other than such
foreign country or the United States. The House bill included a
provision which would have mandated such a limitation. The
Senate bill did not address this matter.
Sec. 573--Conflict in Chechnya
The conference agreement deletes Senate language
expressing the sense of the Senate regarding Russia's actions
in Chechnya. The conference agreement inserts language
requiring the Secretary of State to submit a report to the
Committees on Appropriations within 30 days from the date of
enactment of this Act on actions undertaken by the United
States Government to resolve the conflict in Chechnya. The
House bill did not address this matter.
Limitation on Funds to the Territory of the Bosniac-Croat Federation
The conference agreement deletes language limiting United
States assistance to Bosnia and Herzegovina (other than refugee
and disaster assistance, and assistance for restoration of
certain infrastructure) to the territory of the Bosniac-Croat
Federation, as proposed by the Senate. The House bill did not
address this matter.
United States Government Publications
The conference agreement deletes Senate proposed language
requiring that, beginning in fiscal year 1997, all United
States Government publications shall refer to the capital of
Israel as Jerusalem. The House bill did not address this
matter. The conferees however agree that all relevant United
States Government publications should refer to the capital of
Israel as Jerusalem.
Limitation on Foreign Military Financing
The conference agreement deletes House language which
prohibits the use of FMF funds by any country which has not
agreed to the Department of Defense conducting, at the request
of the Defense Security Assistance Agency, nonreimbursable
audits of private firms having FMF financed contracts with
these governments. The Senate amendment included similar
language in Title III. Public Law 104-164, signed by the
President on July 20, 1996, includes in permanent law a similar
provision.
Sec. 575--Extension of Certain Adjudication Provisions
The conference agreement includes Senate language that
extends for an additional year (until October 1, 1997) the
provisions of section 599D and 599E of Public Law 101-167;
these provisions establish categories of aliens for purposes of
refugee determinations, and provide for the adjustment of
immigrant status for certain Soviet and Indochinese aliens.
Sec. 576--Transparency of Budgets
The conference agreement includes language similar to the
Senate amendment requiring United States executive directors at
each international financial institution to actively oppose
loans or other assistance to any nation that has not allowed
civilian officials to audit the financial records of its
military and security forces. The House bill did not address
this matter.
Limitation Under Arms Export Control Act
The conference agreement deletes House language limiting
to $100,000,000 the amount of FMF funds which can be made
available to finance the procurement of defense articles and
services that are sold to countries other than Israel and Egypt
by the United States Government under the Arms Export Control
Act. Public Law 104-164, signed by the President on July 20,
1996, includes in permanent law a similar provision.
Sec. 577--Guarantees
The conference agreement inserts Senate language with
regard to the fiscal year 1997 impact of the agreement by the
United States to guarantee certain loans incurred by Israel, as
proposed by the Senate. The House bill did not address this
matter.
Sec. 578--Information on Cooperation with United States Anti-terrorism
Efforts in Annual Country Reports on Terrorism
The conference agreement inserts language proposed by the
Senate which amends the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989, to expand the existing annual
report on other nations' efforts to curtail drug trafficking to
include similar language with regard to cooperation with the
United States in investigating and prosecuting acts of
international terrorism, as proposed by the Senate. The House
bill did not address this matter.
Promotion of Human Rights
The conference agreement deletes Senate language that
requires the Secretary of State to deny visas to any current or
former senior official of a government that receives funds
appropriated by this Act, if the Secretary has ``credible
evidence'' that such official has committed, ordered or
attempted to thwart the investigation of a gross violation of
an internationally recognized human right, as proposed by the
Senate. The House bill did not address this matter.
Sec. 579--Female Genital Mutilation
The conference agreement includes language requiring
United States executive directors at international financial
institutions, beginning one year after enactment of this Act,
to actively oppose loans, other than to address basic human
needs, to certain countries. Each country affected would be
named by the Secretary of the Treasury once he determines it
has a known history of the practice of female genital
mutilation. The conference agreement does not contain the
Senate language which would also have required such countries
to institute a legal ban on such practices to avoid the
restrictions of this section. The House bill did not address
this matter.
Sec. 580--Requirement for Disclosure of Foreign Aid in Report of
Secretary of State
The conference agreement inserts Senate language
requiring that the annual report on the voting record of
foreign countries at the United Nations include a side-by-side
comparison showing the amount of U.S. assistance provided to
each country in fiscal year 1996, as proposed by the Senate.
The House bill did not address this matter.
Sec. 581--Restrictions on Voluntary Contributions to United Nations
Agencies
The conference agreement inserts language prohibiting
payment of any voluntary contribution to the United Nations
(including the United Nations Development Program) if the UN
implements any taxation on any United States national or
corporation. The Senate amendment included this language as
well as a prohibition for contributions to United Nations
specialized agencies, and would have prohibited the payment of
contributions if the United Nations attempted to obtain loans
from international financial institutions. The House bill did
not address this matter.
Sec. 582--Haiti
The conference agreement allows the Government of Haiti
to purchase defense articles and services for the civilian-led
Haitian National Police and Coast Guard as proposed by the
Senate. The House bill did not address this matter.
Sense of Congress Regarding the U.S.-Japan Insurance Agreement
The conference agreement deletes Senate language
expressing the sense of the Congress that Japan's Ministry of
Finance should without further delay fully comply with all
provisions of the United States-Japan Insurance Agreement of
October 1994. The House bill did not address this matter.
Limitation of Foreign Sovereign Immunity
The conference agreement deletes Senate language amending
section 1605(a)(7) of the United States Code which limits the
immunity, under certain circumstances, of foreign states
officially designated as a state sponsor of terrorism against
claimants who were United States nationals when victimized, as
proposed by the Senate. The House bill did not address this
matter.
Sec. 584--Refugee Status for Adult Children of Former Vietnamese
Reeducation Camp Internees Resettled under the Orderly Departure
Program
The conference agreement inserts Senate language that
supersedes the Immigration and Nationality Act to expand the
category `refugee of special humanitarian concern' to include
certain adult children of former Vietnamese reeducation camp
internees resettled in the United States. However, language has
been included to require that the provisions of this section
expire at the end of fiscal year 1997. The House bill did not
address this matter.
Sec. 585--North Korea
The conference agreement inserts language proposed by the
Senate which requires the Secretary of State, in consultation
with the Secretary of Defense, to submit semiannual reports to
the Committees on Appropriations on the following information:
estimate of fuel used by the North Korean military; scope and
cost of training and deployment of those forces; steps taken to
reduce their size; and cooperation between North Korea and
other nations in support of development or deployment of a
ballistic missile capability. The House bill did not contain a
similar provision.
Report on Domestic Federal Agencies Furnishing United States Assistance
The conference agreement deletes Senate language
requiring the General Accounting Office to study and report to
Congress, no later than June 1, 1997, on all assistance to
foreign nations and international organizations undertaken by
domestic Federal agencies. The House bill did not address this
matter.
Sec. 587--Limitation on Assistance to Mexico
The conference agreement combines parts of Senate section
597 with a House limitation on the obligation of funds in this
Act for the Government of Mexico unless (1) Mexico is taking
actions to reduce the amount of illegal drugs entering the
United States from Mexico; (2) Mexico is taking vigorous law
enforcement actions to deal with illegal drug kingpins, and
other individuals involved in illegal drug activities; 3)
Mexico is pursuing international anti-drug trafficking and
narcotics interdiction initiatives and is reducing the
incidence of money-laundering.
Sec. 588--Limitation on Assistance to Turkey
The conference agreement inserts language which limits
``Economic Support Funds'' to Turkey to $22,000,000.
Trade Relations with Central and Eastern Europe
The conference agreement deletes language expressing the
sense of Congress that the President should take steps to
promote more open, fair, and free trade between the United
States and the countries of Central Europe, and enumerates
seven steps to promote that objective, as proposed by the
Senate. The House bill did not address this matter.
Sec. 589--Civil Liability for Acts of State Sponsored Terrorism
The conference agreement inserts language expanding the
scope of monetary damage awards available to American victims
of international terrorism.
The conferees intend that this section shall apply to
cases pending upon enactment of this Act.
Sense of Congress Regarding Croatia
The conference agreement deletes sense of the Congress
language proposed by the Senate regarding Croatia and possible
NATO membership. The issue of future NATO membership is
addressed in Title VI, the NATO Enlargement and Facilitation
Act of 1996. The managers note that Croatia is in the process
of joining the Partnership for Peace program. Accordingly, the
managers recommend that the United States support the active
participation of Croatia in activities appropriate for
qualifying for NATO membership, provided that Croatia adheres
fully to the Dayton Peace Accords and makes progress toward
establishing democratic institutions, a free market and the
rule of law.
Romania's Progress Toward NATO Membership
The conference agreement deletes sense of the Congress
language proposed by the Senate regarding Romania and possible
NATO membership. The issue of future NATO membership is
addressed in Title VI, the NATO Enlargement and Facilitation
Act of 1996. The managers note that Romania emerged from
decades of brutal communist dictatorship in 1989 and that
multi-party democratic elections have been held at the local,
parliamentary, and presidential levels. Romania was the first
former Eastern Bloc country to join NATO's Partnership for
Peace program, is the second largest country in Eastern Europe
in terms of territory and population and is therefore
strategically significant. The managers recognize that Romania
has contributed forces to the NATO Implementation Force in
Bosnia. Accordingly, the managers believe Romania should be
evaluated for membership in the NATO Participation Act's
transition assistance program and that the United States should
work closely with Romania and other countries working toward
NATO membership to ensure that every opportunity is provided to
advance their entry into NATO.
Sense of Congress Regarding Expansion of Eligibility for Holocaust
Survivor Compensation by the Government of Germany
The conference agreement deletes language appealing to
the Government of Germany to negotiate in good faith with the
Conference on Jewish Material Claims Against Germany to broaden
the categories of those eligible for compensation, as proposed
by the Senate. The House bill did not address this matter.
The managers agree that it shall be the policy of the
United States to (1) assist survivors of the German Nazi horror
to achieve full restitution for property and assets seized by
the former Nazi regime; (2) convey to the Government of Germany
the deep concern of the Government of the United States
regarding the onerous eligibility requirements imposed by
Germany on the payment of compensation for Holocaust survivors
living in the United States; (3) strongly encourage the
Government of Germany to take all actions necessary to ensure
that fair and full compensation will be expeditiously paid to
all Holocaust survivors living in the United States; and (4)
strongly encourage the Government of Germany to broaden the
definition of a concentration camp, and the duration of
imprisonment currently required for compensation under Article
2 of the German Unification Agreement and continue negotiations
with the Conference on Jewish Material Claims Against Germany
to make categories of those eligible for compensation more
inclusive.
Delivery by China of Cruise Missiles and Missile Technology
The conference agreement deletes sections 593 and 594
which express the sense of the Senate regarding missile
transfers by China to Iran and Syria. The managers are deeply
concerned about continued reports that the People's Republic of
China has delivered cruise missiles to Iran and ballistic
missile technology to Syria. Both recipient nations are known
sponsors of international terrorism which directly threatens
U.S. citizens and interests in regional peace and stability.
The managers urge the Administration to take steps to
assure the People's Republic of China honors its obligations
under the Missile Technology Control Regime and join
international efforts to restrict access by terrorist states to
weapons and technology of mass destruction. The managers note
that under the Iran-Iraq Non-Proliferation Act of 1992, the
President is required to impose sanctions against any foreign
government delivering missiles to Iran. The managers expect the
Administration to use all available legal and diplomatic means
to assure no transactions occur which enhance the military
capabilities of terrorist states.
Prosecution of Major Drug Traffickers Residing in Mexico
The conference agreement deletes the language of the
Senate amendment prohibiting ``International Military Education
and Training'' for Mexico unless the President of the United
States certifies to Congress that the Government of Mexico has
extradited to the United States or apprehended and begun
prosecution of 10 listed individuals. Language similar to that
in the Senate amendment withholding funds from the Government
of Mexico is included in section 587.
Deobligation of Certain Unexpended Economic Assistance Funds
The conference agreement deletes Senate language
requiring that the President deobligate and return to the
Treasury certain funds that have been obligated for more than 4
years but not expended. The House bill did not address this
matter.
Burundi
The conference agreement deletes language in the Senate
amendment expressing the Senate's condemnation of any violent
action intended to overthrow the government of Burundi; calling
upon all parties to the conflict in Burundi to exercise
restraint; and urging the Administration to continue diplomatic
efforts at the highest level to find a peaceful resolution to
the crisis in Burundi.
Environmental Impact Assessments
The conference agreement deletes language expressing the
sense of the Senate that the United States Government should
encourage governments of other nations to engage in additional
regional treaties, including requirements for Environmental
Impact Assessments where appropriate, covering specific
transboundary activities that have adverse impacts on the
global environment.
International Criminal Tribunal
The conference agreement deletes Senate language
expressing the sense of the Senate that the President of the
United States should reimpose full economic sanctions on
Serbia, Montenegro and the Republic Srpska until these entities
fully cooperate with the International Criminal Tribunal. It
also urged IFOR to make an urgent priority the detention of
persons indicted by the Tribunal, and called for the continued
banning of the named entities from international organizations
until each fully cooperates with the Tribunal.
TITLE VI--NATO ENLARGEMENT FACILITATION ACT OF 1996
The conference agreement includes language proposed by
the Senate which is similar to HR 3564, the ``NATO Enlargement
Facilitation Act of 1996,'' which was passed by the House of
Representatives on July 23 by a vote of 353-65. The conference
agreement expresses Congress' support for the admission of
qualified new members to NATO and the European Union at an
early date. The conference agreement designates Poland,
Hungary, the Czech Republic and Slovenia as countries eligible
to receive assistance under the NATO Participation Act of 1994.
Slovenia's designation is effective 90 days after the date of
enactment of this Act. The conference agreement also authorizes
$60,000,000 for fiscal year 1997 for the transition program
established by the NATO Facilitation Act of 1994, of which
$20,000,000 is earmarked for FMF loans and $30,000,000 for FMF
grants, and of which ``not more than'' $10,000,000 is made
available for IMET.
Funds described in section 608(b) are authorized to be
made available to the extent provided in advance in
appropriations acts to support implementation of the Regional
Airspace Initiative (RAI) and the Partnership for Peace
Information Management System. The conferees believe Foreign
Military Financing funds may be made available to support RAI
and PIMS since Title III of this legislation makes funds
available for these purposes and serves as the necessary
advance provision in an appropriation act.
TITLE VII--MIDDLE EAST DEVELOPMENT BANK
The conference agreement includes Senate language that
authorizes $1,050,007,800 for the proposed Bank for Economic
Cooperation and Development in the Middle East. The House bill
did not address this matter.
Due to the limited budget allocation available for
foreign assistance, the managers were reluctant to authorize
United States membership in yet another multilateral
development bank. At a time when the Congress and the President
are unable to meet prior commitments to existing multilateral
institutions, only the critical situation in the Middle East,
where the very peace process may be at stake, resulted in the
inclusion of authority for the United States to join the bank,
contingent on the explicit condition that all commitments are
subject to the availability of appropriations. No funds are
provided in this Act for the proposed Bank for Economic
Cooperation and Development in the Middle East.
Authority to join a new multilateral development bank is
under the jurisdiction of the Committee on Banking and
Financial Services in the House and the Committee on Foreign
Relations in the Senate. The managers direct the Secretary of
the Treasury to consult fully with them as well as the
Committees on Appropriations prior to joining the proposed
bank. The managers expect that Egypt, Jordan, Germany, and
France will have agreed to participate in the bank before the
United States accepts membership.
SECTION 101(d)
Department of the Interior and Related Agencies Appropriations Act,
1997
The conferees on H.R. 3610 agree with the matter inserted
in this subsection of this conference agreement and the
following description of this matter. This matter was developed
through negotiations on the differences in the House and Senate
versions of H.R. 3662, the Department of the Interior and
Related Agencies Appropriations Act, 1997, by members of the
appropriations subcommittee of both the House and Senate with
jurisdiction over H.R. 3662.
The conference agreement with respect to fiscal year 1997
appropriations for the Department of the Interior and Related
Agencies incorporates some of the provisions of both the House
and the Senate reports accompanying H.R. 3662. Report language
and allocations set forth in either House Report 104-625 or
Senate Report 104-319 which are not changed by the conference
agreement are approved. The agreement described herein, while
repeating some report language for emphasis, does not negate
the language referenced above unless expressly provided.
Administrative provisions and general provisions which are
identical in the House passed and Senate Appropriations
Committee reported versions of H.R. 3662 are unchanged by the
conference agreement and are approved unless provided to the
contrary herein.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Management of Lands and Resources
The conference agreement provides $572,164,000 for
management of lands and resources instead of $566,514,000 as
proposed by the House and $578,692,000 as proposed by the
Senate.
Changes to the House recommended level include increases
of $1,000,000 for abandoned mineland and stormwater management,
$100,000 for the Longview Fibre/Mt. Hood exchange, $6,000,000
for resource management planning, and decreases of $500,000 for
wildlife, $500,000 for fisheries, and a general reduction of
$450,000 for land resources.
The restoration of $6,000,000 is provided for resource
management planning to ensure that BLM has the necessary
resources to meet its planning activities as required under the
Federal Land Policy and Management Act, the National
Environmental Policy Act, and other resource specified laws.
BLM is currently looking at ways to streamline its planning
procedures to make the planning process more efficient and more
responsive. BLM is urged to move forward as quickly as possible
in developing these new procedures.
Based on current reports provided by the Department of
the Interior on the implementation of the fee demonstration
program, BLM is not required to submit a separate report.
The Bureau's proposed reorganization of its Washington
headquarters office is approved. While the current team
approach seems to be paying dividends at the field level, it
has proven to be ineffective at the Washington office. This new
reorganization should result in increased accountability, a
more efficient allocation of resources, and provide for a
better interface with the public and with the Bureau's
partners.
The Administration recently created the Grand Staircase/
Canyons of the Escalante National Monument in Utah as one of
the largest national monuments in the continental United States
without consultation with the Congress and without public
comment. The Secretary should comply fully with the provisions
outlined in the proclamation dated September 18, 1996. Pursuant
to the proclamation, the Secretary of the Interior will manage
the monument through the Bureau of Land Management.
Of particular concern is the lack of details on the
monument beyond the information contained in the proclamation,
including estimated costs to manage the monument and provide
for a potential increase in visitors to the area. The Secretary
should submit a report by February 1, 1997 that details the
costs associated with the monument, the process for developing
a management plan, and a description of how affected parties
will be involved in the process for developing the management
plan. The Secretary should also submit by April 1, 1997 a plan
for implementing an exchange of school trust lands located
within the monument.
The conference agreement earmarks $2,010,000 for mineral
assessments in Alaska as proposed by the Senate instead of
$2,000,000 as proposed by the House.
Within the funds provided for oil and gas activities
$250,000 is for an Environmental Impact Statement for the
leasing program in the National Petroleum Reserve in Alaska.
The Bureau currently spends about $95,000 annually from
various Bureau programs in support of Iditarod National
Historic Trail activities in Alaska. Within this amount, the
Bureau is encouraged to begin commemoration of the trail.
Markers and other forms of identification would enable visitors
to identify and enjoy the trail.
wildland fire management
The conference agreement provides $252,042,000 for
wildland fire management instead of $247,924,000 as proposed by
the House and $264,609,000 as proposed by the Senate.
This funding level provides for a maximum efficient level
(MEL) of approximately 85 percent for presuppression activities
and approximately 88 percent of the 10-year average actual cost
for suppression activities.
Within the funds provided, the Bureau is strongly urged
to continue a partnership project involving the Northern
Arizona University School of Forestry and the Department of the
Interior. This partnership involves forest ecosystem health
restoration efforts.
central hazardous materials fund
The conference agreement provides $12,000,000 for the
central hazardous materials fund.
construction
The conference agreement provides $4,333,000 for
construction as proposed by the Senate instead of $3,103,000 as
proposed by the House. Increases above the House recommended
level include $900,000 for completion of the Baker City
Flagstaff Hill interpretive center and $330,000 for the Maiden
Rock bridge.
payments in lieu of taxes
The conference agreement provides $113,500,000 for
payments in lieu of taxes as proposed by the House instead of
$115,000,000 as proposed by the Senate.
land acquisition
The conference agreement provides $10,410,000 for land
acquisition instead of $10,000,000 as proposed by the House and
$14,060,000 as proposed by the Senate.
Funds should be distributed as follows:
Projects Amount
Lake Fork of the Gunnison SMA, CO....................... $800,000
San Pedro NCA, CA....................................... 500,000
Santa Rosa Mountains NRA, CA............................ 1,000,000
Upper Huerfano River, CO................................ 610,000
Washington County Desert Tortoise HCP, UT............... 2,000,000
West Eugene Wetlands, OR................................ 1,000,000
West Riverside County HCP, CA........................... 1,000,000
Acquisition Management.................................. 2,500,000
Emergencies and Inholdings.............................. 1,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 10,410,000
oregon and california grant lands
The conference agreement provides $100,515,000 for Oregon
and California grant lands instead of $98,365,000 as proposed
by the House and $102,656,000 as proposed by the Senate.
Increases above the House include $400,000 for western
Oregon resource management, $1,250,000 for western Oregon
facilities maintenance, and $500,000 for jobs in the woods.
range improvements
The conference agreement provides an indefinite
appropriation for range improvements of not less than
$9,113,000 to be derived from public lands receipts and
Bankhead-Jones Farm Tenant Act lands grazing receipts.
service charges, deposits, and forfeitures
The conference agreement provides an indefinite
appropriation of $8,993,000 for service charges, deposits, and
forfeitures.
miscellaneous trust funds
The conference agreement provides an indefinite
appropriation of $7,605,000 for miscellaneous trust funds.
administrative provisions
The conference agreement provides for the naming of the
visitor center in Rand, Oregon as the William B. Smullin
Visitor Center. The dedication provides commemorative
recognition to William B. Smullin, founder of California Oregon
Broadcasting Incorporated, which brought broadcasting to
northern California and southern Oregon.
United States Fish and Wildlife Service
resource management
The conference agreement provides $523,947,000 for
resource management instead of $520,519,000 as proposed by the
House and $529,527,000 as proposed by the Senate.
The net increase above the House consists of increases of
$1,250,000 for endangered species recovery activities, $500,000
for Upper Klamath Basin habitat restoration, $100,000 for the
Vermont partners program, $64,000 for Missouri chutes/
sandhills, $100,000 for Platte River studies, $400,000 to
restore base funding, $200,000 for the Hood Canal Salmon
Enhancement Group and ``Long Live the Kings'', $3,000 for
migratory bird management, $500,000 for whirling disease
research, $250,000 for the marine mammals program, $1,000,000
for the National Education and Training Center, and $43,000 for
Service-wide administrative support, and decreases of $100,000
for the Chicago wetlands office, $500,000 for the Reno
Biodiversity initiative, $321,000 for refuge operations and
maintenance, and a general reduction of $61,000 in fish and
wildlife management.
No specific earmarks are included in the increase in the
candidate conservation program.
Within the increase for recovery activities, $750,000 is
for the Virgin River Integrated Management Recovery Program and
$500,000 over the budget request of $1,500,000 is for the
Natural Communities Conservation Planning program.
The Chicago Wetlands Office is funded at $1,631,000.
An increase of $533,000 above the fiscal year 1996 level
is assumed for Everglades restoration.
While there is no specific prohibition on the use of
steel jaw leghold traps, the Service should establish a task
force to study the use of animal traps in the National Wildlife
Refuge system. The task force should consider the humaneness of
various trapping methods, as well as the cost, the impact on
the protection of endangered species, the impact on Fish and
Wildlife Service facilities, and other relevant issues. The
task force should include interested outside parties and report
its findings to the House and Senate Committees on
Appropriations by March 1, 1997.
Within the amount provided for fish and wildlife
management assistance, an increase of $500,000 above the House
level has been provided for fish disease research, for a total
increase of $1,500,000 above prior levels. Of this amount, a
portion of the $1,000,000 included in the budget request is to
be used to augment the capabilities of the Service's fish
health centers and fish technology centers. The $500,000
increase above the House is for whirling disease research by
the National Partnership on Management of Wild and Native Cold
Water Fisheries.
The increase of $250,000 for the marine mammals program
is to initiate cooperative activities with the Alaska Polar
Bear Commission, the Eskimo Walrus Commission, the Alaska Sea
Otter Commission, and the Rural Alaska Community Action
program.
With respect to the national boat access needs assessment
discussed in Senate Report 104-319, the Fish and Wildlife
Service should give consideration to such an assessment within
the regular competitive review process for proposals within the
funds available for the administration of the Sport Fish
Restoration program.
Bill language is included which modifies the earmark and
the manner in which funds are distributed for the Natural
Communities Conservation Planning (NCCP) program. The
conference agreement provides $2,000,000 to local governments
in southern California for this program.
The conference agreement includes language regarding the
charging of reasonable fees for training costs at the National
Education and Training Center and makes this authority
permanent. The House had a similar provision.
construction
The conference agreement provides $43,365,000 for
construction instead of $38,298,000 as proposed by the House
and $45,306,000 as proposed by the Senate.
Funds should be distributed as follows:
Project Amount
A.C.E. Basin NWR, SC, Grove Plantation (rehabilitation). $360,000
Alamosa/Monte Vista NWR, CO, Chicago Ditch Dam.......... 1,450,000
Audubon Center, LA, research facilities................. 2,000,000
Bear River NWR, UT, dike (repair)....................... 611,000
Blackwater NWR, MD, administrative building............. 500,000
Bridge safety, inspection/structural analysis........... 495,000
Crab Orchard NWR, IL, Little Wolf Creek Bridge.......... 550,000
Craig Brook NFH, ME, (station rehabilitation)........... 4,810,000
Creston NFH, MT, Jessup Mill Pond Dam................... 850,000
Dam safety, inspection of dams.......................... 495,000
Elkins field office, WV, planning and design............ -503,000
Ennis NFH, MT, spring watercover........................ 300,000
Mason Neck NWR, VA, Woodbridge research facility........ 100,000
McDowell NFH, WV, hatchery feasibility study............ -730,000
Missisquoi NWR, VT, storage building, signage, access... 50,000
Mississippi refuges, road construction, storage,
fencing, office..................................... 370,000
Moosehorn NWR, ME, (Loring AFB) office/maintenance
facility............................................ 400,000
National Education and Training Center, WV.............. 10,028,000
Ouray endangered fish facility, UT, ponds/water reuse... 1,725,000
Parker River NWR, MA:
Administrative/education center (non-add; use of
surplus cleanup savings).......................... (1,150,000)
Cleanup savings..................................... -1,150,000
Patuxent NWR, MD, Cash Lake Dam......................... 485,000
Quivera NWR, KS, engineering study, water supply........ 600,000
Region 4, FL/LA/NC, bridge replacement.................. 800,000
Sacramento NWR, CA, water delivery system............... 500,000
Southeast Louisiana refuges, health and safety.......... 500,000
Southwest Fisheries Technology Center, NM:
Dexter hatchery rehabilitation...................... 961,000
Mora hatchery construction.......................... 2,705,000
Squaw Creek NWR, MO Davis Creek bridge.................. 550,000
Stillwater NWR, NV:
Water gauging station............................... 300,000
Water rights purchase............................... 1,500,000
Tulana Farms Ranch, OR, habitat restoration............. 3,000,000
White River NWR, AR, Big Island chute bridge............ 300,000
Wichita Mountains NWR, OK:
Grama Lake and Camanche dams........................ 700,000
Road rehabilitation................................. 2,048,000
Project Total........................................... 37,660,000
Construction Management................................. 4,633,000
Contract claims......................................... 800,000
Emergency projects...................................... 272,000
--------------------------------------------------------
____________________________________________________
Total FWS Construction............................ $43,365,000
The Service should use $1,150,000 of the surplus funding
remaining from the Parker River NWR, MA cleanup for
construction of an administration building at the refuge with
the understanding that these funds will be matched from non-
Federal sources.
Funds for the Tulana Farms project should be transferred
to a nonprofit entity with expertise in fish and wildlife
management as soon as practicable.
The conference agreement provides $2,000,000 for the
Audubon Institute for the Audubon Center for Research of
Endangered Species. These funds should be used to continue the
research partnership between the Fish and Wildlife Service and
the Institute, under terms similar to the agreements used in
1992 and 1995. The Fish and Wildlife Service should work with
the Audubon Institute to ensure that appropriate public
recognition of the Federal funds used in constructing the
complex is achieved.
Natural Resource Damage Assessment Fund
The conference agreement provides $4,000,000 for the
natural resource damage assessment fund.
Land Acquisition
The conference agreement provides $44,479,000 for land
acquisition instead of $30,000,000 as proposed by the House and
$50,802,000 as proposed by the Senate.
Funds should be distributed as follows:
Project Amount
Back Bay NWR, VA..............................................$1,000,000
Block Island NWR, RI.......................................... 2,000,000
Bon Secour NWR, AL............................................ 750,000
Boyer Chute NWR (Back to the River), NE....................... 2,000,000
Canaan Valley NWR, WV......................................... 2,000,000
Clarks River NWR, KY.......................................... 3,000,000
Cypress Creek NWR, IL......................................... 1,000,000
Emiquon NWR, IL............................................... 1,000,000
Hakalau NWR (Kona Forest), HI................................. 2,700,000
Lake Wales NWR, FL............................................ 500,000
Lake Woodruff (Wekiva-Ocala NF connector), FL................. 500,000
Lower Rio Grande NWR, TX...................................... 2,000,000
Mashpee NWR, MA............................................... 832,000
Minnesota Valley NWR,MN....................................... 1,000,000
Ohio River Islands NWR, WV.................................... 1,000,000
Oregon Coastal Refuges
Nestucca Bay, OR.......................................... 500,000
Siletz Bay, OR............................................ 500,000
Patoka River NWR, IN.......................................... 500,000
Petit Manan NWR, ME........................................... 850,000
Rappahanock NWR, VA........................................... 1,000,000
San Diego NWR, CA............................................. 2,700,000
San Joaquin NWR, CA........................................... 500,000
Southeast Louisiana Refuges................................... 1,500,000
Stewart McKinney NWR (Great Meadows), CT...................... 1,700,000
Tualatin Refuge NWR,OR........................................ 1,000,000
Western Montana Projects...................................... 947,000
Acquisition management........................................ 8,500,000
Emergency and hardships....................................... 1,000,000
Exchanges..................................................... 1,000,000
Inholdings.................................................... 1,000,000
--------------------------------------------------------------
____________________________________________________
Total.....................................................44,479,000
The conference agreement includes funding to establish
the Clarks River National Wildlife Refuge, the only wildlife
refuge solely in Kentucky. The funds provided may be used only
to acquire land through purchases from willing sellers,
donations, or exchanges. The Secretary is authorized to include
hunting and fishing in the development of outdoor activities.
The Committees expect the Secretary to ensure that no activity
carried out in the refuge will result in the obstruction of the
flow of water in a manner that would affect any private land
adjacent to the refuge, and that the operations of the refuge
will not restrict agriculture and silviculture on private
lands.
Included in the conference agreement is $832,000 to
enable the Fish and Wildlife Service to acquire a 250 acre
tract in the Bufflehead Bay Area within the Mashpee National
Wildlife Refuge. The Committees are aware that funds are
available from prior year appropriations for the Mashpee
National Wildlife Refuge and a reprogramming from the
Sippewisset Marsh project to complete the acquisition.
Cooperative Endangered Species Conservation Fund
The conference agreement provides $14,085,000 for the
cooperative endangered species conservation fund. There is no
restriction on funding land acquisition in this account for
projects also funded through the land and water conservation
fund. However, the Service should be sensitive to maintaining a
balance in funding the many competing land acquisition needs.
National Wildlife Refuge Fund
The conference agreement provides $10,779,000 for the
National wildlife refuge fund.
Rewards and Operations
The conference agreement provides $1,000,000 for rewards
and operations for African elephant conservation as proposed by
the House instead of $600,000 as proposed by the Senate.
North American Wetlands Conservation Fund
The conference agreement provides $9,750,000 for the
North American wetlands conservation fund instead of $7,750,000
as proposed by the House and $10,750,000 as proposed by the
Senate.
Rhinoceros and Tiger Conservation Fund
The conference agreement provides $400,000 for the
rhinoceros and tiger conservation fund as proposed by the House
instead of $200,000 as proposed by the Senate.
wildlife conservation and appreciation fund
The conference agreement provides $800,000 for the
wildlife conservation and appreciation fund.
administrative provisions
The conference agreement modifies language proposed by
the Senate to provide that, for recreational fee demonstration
sites, the Service shall retain permit and entrance fees
collected at fee demonstration units to offset the cost of
collection and to support refuge operations and maintenance.
The House had no similar provision.
National Park Service
operation of the national park system
The conference agreement provides $1,152,311,000 for
operation of the National Park System instead of $1,135,139,000
as proposed by the House and $1,156,784,000 as proposed by the
Senate.
The conference agreement provides $69,772,000 in
increased funding for many of the initiatives contained in the
fiscal year 1997 National Park Service budget. In allocating
these funds, the Committees have placed a high priority on
National Park Service operations and base programs which
reflects the Park Service's highest priority initiatives.
The conference agreement provides increases for the
National Park Service, particularly in operations, greater than
any agency funded in the bill.
The following paragraphs describe the increases above the
base funds for each budget category.
A total increase of $21,251,000 is provided for resource
stewardship. Included in this amount is $6,674,000 for across-
the-board increases, $2,077,000 for park operations, $2,000,000
for inventory and monitoring, $8,000,000 for South Florida
Ecosystem Research, and $2,500,000 for cultural resources
preservation.
The visitor services increase is $18,622,000. Included in
this amount is $13,093,000 for across-the-board increases,
$4,693,000 for park operations, $600,000 for the Presidential
Inaugural and $236,000 for the William O. Douglas Center.
An increase of $19,618,000 is provided for maintenance.
This amount includes $10,878,000 for across-the-board
increases, $5,340,000 for park operations, $400,000 for the
Presidential Inaugural, $1,000,000 for cultural cyclic
maintenance, and $2,000,000 for regular cyclic maintenance. The
conference agreement restores the $1,000,000 reduction proposed
in the President's budget to transfer the two Washington area
parkways to Maryland, Virginia and the District of Columbia.
The park support increase is $7,292,000. Within that
amount is $5,219,000 for across-the-board increases, $890,000
for park operations, and the following specific park increases:
$133,000 for James Garfield, $100,000 for the German-American
Cultural Center, $200,000 for the Belle Haven Marina, $400,000
for the National Park of American Samoa, and $350,000 for
Kalaupapa.
The conference agreement specifically did not provide the
$3,500,000 increase for professional training programs. The
National Park Service should follow the language in the House
report which encourages the agency to submit a reprogramming
request up to $2,000,000 as long as it is redirected from
travel, savings from buyout and downsizing initiatives or new
reductions from headquarters management and administrative
overhead. The National Park Service should submit a priority
list of professional training programs prior to forwarding any
reprogramming request.
The increase for external administrative costs is
$3,047,000. This includes $212,000 for workers compensation,
$825,000 for unemployment compensation, $475,000 for park
police pensions, $738,000 for external ADP charges and $797,000
for GSA space rental.
The conference agreement provides direction to the
National Park Service to ensure that at least 22 productions be
held at Carter Baron Amphitheater and directs the Service to
work with the Friends of Carter Baron Foundation in order to
obtain private support for the performances.
National recreation and preservation
The conference agreement provides $37,976,000 for
National recreation and preservation instead of $36,476,000 as
proposed by the House and $39,476,000 as proposed by the
Senate.
The increase above the House level includes $750,000 for
the Alaska Native Cultural Center and $750,000 for the Native
Hawaiian Culture and Arts program. With respect to the
mulitpurpose pathway system in Aiken, South Carolina, the Park
Service involvement is to be limited to technical assistance
only.
historic preservation fund
The conference agreement provides $36,612,000 for the
Historic Preservation Fund as proposed by the Senate instead of
$36,212,000 as proposed by the House.
The conference agreement provides $400,000 for historic
preservation activities in Fort Smith, AR to address damages in
the commercial historic district. These funds should be
transferred from the National Trust for Historic Preservation
to the Arkansas Historic Preservation program and this office
will then have oversight as to how the city uses these funds
for historic preservation purposes.
construction
The conference agreement provides $163,444,000 for
construction instead of $119,745,000 as proposed by the House
and $165,418,000 as proposed by the Senate.
Line item construction funds should be distributed as
follows:
------------------------------------------------------------------------
Project Amount
------------------------------------------------------------------------
Acadia NP, ME (rehabilitate carriage roads)............... $600,000
Amistad NRA, TX (sewage treatment)........................ 650,000
Blackstone River Valley National Historic Comm., MA/RI.... 460,000
Blue Ridge Parkway, NC (headquarters)..................... 4,400,000
Cane River NHP, LA (preservation and stabilization)....... 3,320,000
Carlsbad Caverns NP, NM (replace elevators)............... 1,400,000
Chamizal NM, TX (rehabilitation).......................... 200,000
Chickasaw NRA, OK (campground rehabilitation)............. 1,300,000
Cuyahoga NRA, OH (site & structure rehabilitation)........ 2,900,000
Delaware Water Gap NRA, PA (trails rehabilitation)........ 1,200,000
Denali NP&P;, AK (electric/rehabilitate powerhouse)........ 2,000,000
Edison NHS, NJ (concrete repairs)......................... 375,000
Everglades NP, FL:
Fort Jefferson rehabilitation........................... 250,000
water delivery.......................................... 2,800,000
Florissant Fossil Beds NM, CO (shelters).................. 37,000
Fort McHenry NM, MD (rehabilitation)...................... 800,000
Fort Necessity NB, PA (design)............................ 400,000
Fort Raleigh NHS, NC (rehabilitation)..................... 1,000,000
Fort Scott NHS, KS (water delivery)....................... 1,115,000
Fort Smith NHS, AR (rehabilitation)....................... 2,000,000
Fort Sumter NM, SC (site development)..................... 3,600,000
General Grant NM, NY (restore memorial and grounds)....... 975,000
George Washington Memorial Parkway, MD (utilities)........ 2,100,000
Grand Canyon National Park, AZ (transportation vehicles).. 2,000,000
Great Basin NP, NV (Lehman Caves trail rehabilitation).... 350,000
Gulf Island NS, MS (erosion control)...................... 1,000,000
Hot Springs National Park, AR (stabilization, lead paint). 5,000,000
Independence National Historical Park, PA (rehabilitate
utilities)............................................... 13,300,000
Indiana Dunes NL, IN (demolition)......................... 500,000
Kings Canyon National Park, CA (Cedar Park waste water)... 2,900,000
Lackawanna Valley, PA (technical assistance).............. 600,000
Lake Chelan NRA, WA (road repair)......................... 308,000
Lake Mead NRA, NV (rehabilitate waste water and water
systems)................................................. 5,000,000
Little River Canyon NP, AL (health & safety).............. 500,000
Mount Rainier NP, WA (repair roof)........................ 1,286,000
Natchez Trace Parkway, MS................................. 4,600,000
National Capital Parks:
Jefferson Memorial, DC (rehabilitation)................. 1,300,000
Washington Monument, DC (rehabilitation)................ 1,900,000
New Orleans Jazz NHP, LA (development).................... 3,000,000
New River Gorge NR, WV (access, trails stabilization)..... 1,725,000
Olympic NP, WA (Elwha fish restoration)................... 270,000
Oregon Caves NM, OR (trail construction & rewiring)....... 750,000
President's Park, DC:
electrical system....................................... 5,300,000
replace HVAC............................................ 5,000,000
Rock Creek Park, DC (Meridian Hill, rehabilitation)....... 100,000
Roosevelt/Vanderbilt, NY (rehabilitate FDR Hyde Park)..... 1,700,000
Saint Gaudens NHS, NH (maintenance facility).............. 900,000
Saratoga NHP, NY (rehabilitation)......................... 1,000,000
Saugus Iron Works NHS, MA (rehabilitation)................ 200,000
Sequoia National Park, CA:
install underground utilities........................... 3,000,000
replace giant sequoia facilities........................ 3,000,000
Southwestern PA Commission, PA (various projects)......... 2,000,000
Stones River NB, TN:
Redoubt Brannan......................................... 190,000
trail reconstruction.................................... 300,000
Thomas Stone NHS, MD (rehabilitation)..................... 250,000
Ulysses Grant NHS, MO (rehabilitation).................... 670,000
Vicksburg NMP, MS (rehabilitation)........................ 2,000,000
William Howard Taft NHS, OH............................... 2,300,000
Zion NP, UT (buses)....................................... 5,100,000
-------------
Subtotal Projects..................................... 108,681,000
=============
Emergency, unscheduled, housing........................... 14,673,000
Planning.................................................. 18,000,000
Equipment replacement..................................... 14,365,000
G.M.P..................................................... 6,600,000
Special Resource Studies.................................. 825,000
Strategic Planning Office................................. 300,000
-------------
Subtotal Non-projects................................. 54,763,000
=============
Total Construction.................................... 163,444,000
------------------------------------------------------------------------
The conference agreement provides authority to allow the
National Park Service to reimburse the State of Washington for
fish restoration activities.
The conference agreement provides $3,320,000 for the Cane
River Creole National Historical Park, to fund fully the
completion of ongoing work at the Magnolia Plantation complex.
It is expected that this funding will be obligated as quickly
as possible. Of this funding, up to $300,000 shall be used for
cooperative agreements between the Park Service and local
owners of historically relevant properties.
The conference agreement does not include funding for
road relocation at the Chickamauga and Chattanooga National
Military Park. The State of Georgia has applied for public
lands highway discretionary funds, and if that effort is not
successful, the National Park Service will provide the Federal
share of the paving project from Federal Lands Highway funds
through the park road program. The current estimate for that
work is $3,500,000, and the Federal share (75 percent) is
estimated to be $2,625,000.
The conference agreement provides $2,800,000 for
Everglades NP which meets the Administration's request to
continue the engineering and design of the water delivery
system and levee acquisitions.
The $170,000 shortfall for Mt. Rainier should be funded
from emergency flood monies provided in 1996.
The conference agreement provides $4,600,000 for the
Natchez Trace Parkway, MS which will complete the highest
priority phase which is project number 3-P11.
The conference agreement provides $1,000,000 for
structural and utility repairs to the open-air waterside
theater at Ft. Raleigh. The remainder of the costs will be
financed by the State.
The conference agreement provides $3,000,000 for the New
Orleans Jazz Park, as authorized in Public Law 103-433. The
funding for the park is provided to the National Park Service
to be expended in a manner consistent with a budget plan to be
developed by the partners, including the National Park Service,
the New Orleans Jazz Commission, and the City of New Orleans.
The funds provided should be used in relation to the authorized
purposes of the park, with an emphasis on sites that are
associated with the history of jazz. The National Park Service
will oversee this process to ensure compliance with all
applicable law. However, to the extent the partners are capable
of accomplishing some of the elements of the budget plan once
it is developed, the National Park Service should participate
with the partners, and use cooperative agreements, where
appropriate, in particular at Perseverance Hall.
The National Park Service is in the process of developing
a general management plan at the New Orleans Jazz NHP, but
there may be activities that could be undertaken prior to
completion of this effort, including cooperative agreements,
that will accommodate the visiting public. Thus, there is a
need to develop a plan for the expenditure of the funds
recommended in this bill on a concurrent path with the general
management plan. The funds may be used, in whole or in part,
prior to the completion of the G.M.P.
The conference agreement provides $250,000 for Thomas
Stone NHS to complete the facilities outlined in the original
General Management Plan which are necessary for circulation,
visitation, and protection of the natural and cultural
resources.
The conference agreement provides $2,300,000 for the
William Howard Taft National Historic Site for the construction
of an administrative/educational facility. The total cost of
this project is estimated to be $3,000,000. Planning and design
of the facility has been completed with private funds and the
State of Ohio has committed to providing $200,000 to the
construction. The remaining $500,000 should be raised from
private sources.
The conference agreement recognizes the increased public
demand and lack of adequate public facilities and encourages
the National Park Service to consider retaining access to
existing community docks, deemed appropriate for public use,
within current environmental guidelines, as it develops the
Lake Roosevelt National Recreation Area general management
plan. In addition, the National Park Service is encouraged to
consider other alternatives for providing greater public access
to Lake Roosevelt in development of the management plan. Local
participation is critical to the development of successful
management plans, and the National Park Service is directed to
consult thoroughly with affected local government
representatives and other interested parties in the development
of the management plan.
The conference agreement provides $18,000,000 for
construction planning. Within this amount, the National Park
Service is directed to provide $500,000 to continue the
planning of the dock facilities at Fort Sumter National
Monument.
The conference agreement redirects funds from a
feasibility study at Hot Springs, AR to the rehabilitation of
the Hot Springs Creek Arch, as proposed by the Senate. The
House had no similar provision.
The conference agreement deletes House bill language
which prohibits funds from being expended for the redesign of
Pennsylvania Avenue in front of the White House as proposed by
the Senate. Last year the National Park Service spent $500,000
and the Secret Service $600,000 to complete Phase I which
provides for the immediate security needs of the White House.
The Committees have no objection to completing the
interim improvements to address security concerns on
Pennsylvania Avenue and to commence design associated with
long-term security improvements along Pennsylvania Avenue in
front of the White House. However, the Committees are concerned
about the costs associated with the options which might be
considered as part of the long term improvement plan. Thus, the
Committees support the decision of the National Capital
Planning Commission to table consideration of a final design
for Pennsylvania Avenue until such time as an Environmental
Impact Statement that addresses traffic, economic and historic
preservation issues is prepared by the U.S. Department of the
Treasury and forwarded by the National Park Service to the
Commission for its consideration.
land and water conservation fund
(rescission)
The conference agreement rescinds the contract authority
provided for fiscal year 1997 by 16 U.S.C. 460l-10a.
Land Acquisition and State Assistance
The conference agreement provides $53,915,000 for land
acquisition and State assistance instead of $30,000,000 as
proposed by the House and $48,415,000 as proposed by the
Senate.
Funds should be distributed as follows:
------------------------------------------------------------------------
Project Amount
------------------------------------------------------------------------
Appalachian Trail.......................................... $4,000,000
Aztec Ruins National Monument, NM.......................... 500,000
Blue Ridge Parkway, NC..................................... 750,000
Chattahoochee River NRA, GA................................ 2,000,000
Colonial NHP (Colonial Parkway), VA........................ 915,000
Cuyahoga NRA, OH........................................... 1,500,000
Denali National Park & Preserve, AK........................ 800,000
Everglades Ecosystem (Big Cypress NP/Everglades NP), FL.... 12,000,000
Olympic NP (Elwha Dam), WA................................. 4,000,000
Pecos NHP, NM.............................................. 500,000
Petroglyphs National Monument, NM.......................... 750,000
Piscataway Park/Mt. Vernon, MD............................. 500,000
Saguaro NP, AZ............................................. 2,000,000
Sterling Forest, NJ/NY..................................... 9,000,000
Stones River NB, TN........................................ 500,000
Acquisition Management..................................... 7,200,000
Emergency and Hardships.................................... 3,000,000
Inholdings................................................. 2,500,000
State Grant Administration................................. 1,500,000
------------
Total.................................................. 53,915,000
------------------------------------------------------------------------
The conference agreement includes $750,000 to acquire
easements along the Blue Ridge Parkway in North Carolina. The
Park Service should work with the State of North Carolina and
the North Carolina Year of the Mountains Commission in
acquiring the easements to protect the Parkway's scenic beauty.
administrative provisions
The conference agreement deletes language proposed by the
House and stricken by the Senate, limiting the use of funds for
the Offices of the Director, Public Affairs and Congressional
Affairs.
Bill language is included allowing the National Park
Foundation to expend remaining balances and accrued interest
from funds granted to it by the National Park Service in fiscal
years 1984 and 1985 pursuant to the National Park System
Visitor Facilities Fund Act of 1983 (P.L. 97-433, 96 Stat.
2277). These funds are to be used to improve the quality of
visitor facilities in the park system nationwide.
United States Geological Survey
Surveys, Investigations, and Research
The conference agreement provides $738,913,000 for
surveys, investigations and research instead of $730,163,000 as
proposed by the House and $737,040,000 as proposed by the
Senate.
Increases above the House include $2,000,000 for national
map and digital data production, $1,000,000 for a new national
atlas, $5,000,000 for the MEDEA project, $250,000 for volcano
investigations, and $500,000 for the cooperative research units
within the biological research division.
The conference agreement earmarks $16,000,000 as proposed
by the Senate for inquiries into the economic conditions
affecting mining and materials processing industries.
The Survey should work with the other agencies who will
benefit from the MEDEA project to obtain reimbursable
agreements for the necessary funding.
The biological research division is provided with a
funding level that is sufficient to maintain all field stations
at their current level. If reallocations are contemplated, the
Survey should submit a reprogramming request.
The additional funds provided to the cooperative research
units are to fill vacancies at existing units and not to create
new units.
The Congress provided specific direction on the operation
of the water resources research institutes in fiscal year 1996
and expects that direction to continue to be followed in fiscal
year 1997.
The conference agreement provides $64,559,000 for
cooperation with States or municipalities for water resources
investigations rather than $62,130,000 as proposed by the House
and $65,809,000 as proposed by the Senate.
Minerals Management Service
Royalty and Offshore Minerals Management
The conference agreement provides $156,955,000 for
royalty and offshore minerals management instead of
$182,555,000 as proposed by the House and $159,555,000 as
proposed by the Senate. Changes to the amount proposed by the
House include an increase of $4,000,000 in the Outer
Continental Shelf (OCS) lands account and decreases of
$4,000,000 in the royalty management/compliance account and
$25,600,000 in the OCS lands account. The decrease to OCS lands
is offset by the authority to use additional receipts as
discussed below.
The Service should consider conducting additional pilot
projects for taking oil and/or gas in-kind. The Service should
coordinate with the legislative committees of jurisdiction in
doing so.
The conference agreement earmarks $70,063,000 for royalty
management as proposed by the Senate instead of $74,063,000 as
proposed by the House.
The conference agreement permits the use of $41,000,000
in increased receipts to offset appropriations requirements as
proposed by the Senate instead of $15,400,000 as proposed by
the House. The conference agreement permits the use of such
receipts for activities of the OCS lands activity as proposed
by the Senate instead of limiting the use of those receipts to
activities related to the technical information management
system as proposed by the House.
Oil Spill Research
The conference agreement provides $6,440,000 for oil
spill research.
bureau of mines
Mines and Minerals
The conference agreement provides no funds for mines and
minerals as proposed by the House instead of $2,000,000 as
proposed by the Senate. Funds to cover the costs of workers
compensation and unemployment benefits for former employees of
the Bureau are provided in the Departmental Management account.
Office of Surface Mining Reclamation and Enforcement
Regulation and Technology
The conference agreement provides $94,672,000 for
regulation and technology as proposed by the Senate instead of
$94,772,000 as proposed by the House. Administrative support is
reduced $100,000 below the House proposed level.
Abandoned Mine Reclamation Fund
The conference agreement provides $177,085,000 for the
abandoned mine reclamation fund instead of $175,887,000 as
proposed by the House and $179,085,000 as proposed by the
Senate. Changes from the amount proposed by the House include
increases of $145,000 for reclamation program operations,
$1,500,000 for the small operator assistance program, and
$1,000 for general services. Decreases from the House level
include $438,000 for fee compliance and $10,000 for executive
direction. Bill language is included so that the Office of
Surface Mining may use up to $4,000,000 for the Appalachian
Clean Streams Initiative from the funds provided for State
reclamation program grants.
The conference agreement includes language allowing the
State of Maryland to set aside the greater of $1,000,000 or 10
percent of its AML grants for use in undertaking acid mine
drainage abatement and treatment projects, provided the use of
funds in this manner does not interfere with the completion of
priority one projects.
Bureau of Indian Affairs
Operation of Indian Programs
The conference agreement provides $1,436,902,000 for the
operation of Indian programs instead of $1,381,623,000 as
proposed by the House and $1,413,606,000 as proposed by the
Senate.
The net increase above the House includes increases of
$4,000,000 for small and needy tribes, a $9,491,000 general
increase to tribal priority allocations, $14,000,000 for ISEP
formula funds, $5,815,000 for student transportation, $300,000
for institutionalized disabled, $5,356,000 for facilities O&M;,
$5,600,000 for administrative cost grants, $700,000 for school
statistics, $500,000 for irrigation O&M;, $1,000,000 for water
rights negotiations, $401,000 for Haskell, $250,000 for SIPI,
$950,000 for the arts and crafts board, $250,000 for land
records improvement; and decreases of $2,357,000 for new tribes
and $427,000 for Gila River Farms. Within central office
operations there is a general reduction of $1,552,000, and
within area office operations, there is a general reduction of
$671,000. All internal transfers as proposed by the Senate for
the operation of Indian programs are agreed to.
The conference agreement earmarks $90,829,000 for
contract support as proposed by the House instead of
$91,379,000 as proposed by the Senate.
The conference agreement earmarks $365,124,000 for school
operations instead of $339,709,000 as proposed by the House and
$344,711,000 as proposed by the Senate.
The conference agreement earmarks $53,805,000 for higher
education scholarships, adult vocational training, and
assistance to public schools as proposed by the Senate instead
of $55,838,000 as proposed by the House.
Within the funds provided for special higher education
scholarships, $100,000 is earmarked for the summer law program.
The conference agreement earmarks $54,973,000 for the
housing improvement program, road maintenance, attorney fees,
litigation support, self-governance grants, the Indian self-
determination fund, and the Navajo-Hopi settlement program as
proposed by the Senate instead of $55,603,000 as proposed by
the House.
The conference agreement includes Senate language
extending the prohibition on grade expansion to dormitories,
and modifies the moratorium to include not only schools in the
Bureau system as of October 1, 1995 but also schools and
dormitories approved by the Secretary as of the same date.
The estimates for tribal enrollment used to determine
funding levels for newly recognized tribes have been revised.
The Bureau should use the most recent and accurate enrollment
estimates for purposes of distributing funds. Should the funds
required for newly recognized tribes exceed $5,033,000, the
additional funding should be derived from the general increase
provided for Tribal Priority Allocations. If less funding is
required, the excess funds should be realigned following the
established reprogramming guidelines.
The conference agreement provides no funding for those
tribes whose Federal recognition is pending, consistent with
practices for other programs. The Committees expect that in the
future the Bureau will request funding only for those tribes
where formal recognition has occurred.
The conference agreement includes $700,000 for a school
statistics ADP package. This package is a necessary tool for
the BIA to implement reforms in the process for allocating
resources based on enrollment levels. The Committees are aware
of collaborative efforts between the BIA schools and private
corporations to provide computer resources for use in BIA-
funded schools. Such efforts should be coordinated with the
school statistics ADP activities to avoid duplication and
ensure that limited resources are used effectively.
Funding is included as requested in the budget for the
Haskell Indian Nations University and the Southwestern Indian
Polytechnic Institute (SIPI). Funding constraints over the past
few years have not allowed the Committees to provide the
resources beyond those necessary to maintain current
activities. To determine whether additional funds can be raised
for these institutions through tuition fees, the Bureau should
provide a report to the Committees by May 1, 1997 on the
feasibility of charging tuition for both Haskell and SIPI. The
report should explore options for reducing the impact of these
fees, such as phasing the introduction of tuition fees and
phasing the level of fees based on financial ability to pay.
The report also should identify the number of students who
would be able to pay tuition at each of these institutions. No
action should be taken to implement any tuition fees until
Congress has reviewed the feasibility of such fees.
The conference agreement earmarks $86,520,000 for welfare
assistance payments as proposed by the Senate. The purpose of
the cap is to preclude the Bureau from reprogramming from other
programs or projects to pay welfare requirements. However, the
cap is not intended to limit the flexibility of the tribes to
reprogram funds within tribal priority allocations in order to
provide welfare assistance payments as needed.
The Bureau of Indian Affairs has undergone significant
downsizing during the past two years due to the Vice
President's National Performance Review efforts and to
reductions in personnel and funding. The Bureau is directed to
proceed with reorganization and/or consolidation of central,
area, and agency offices in consultation with the affected
tribes and where opportunities for consolidation and/or closure
exist due to significant progress made by Indian tribes to
compact or contract Bureau operations. Any savings in resources
made by these efforts should be made available for transfer to
tribes and/or tribal priority allocations subject to
reprogramming. The Bureau is further directed to report on its
reorganization efforts within 120 days of enactment of this Act
and submit a reprogramming prior to implementing reorganization
and/or consolidation of these offices.
construction
The conference agreement provides $94,531,000 for
construction instead of $85,831,000 as proposed by the House
and $93,933,000 as proposed by the Senate.
Increases above the House include $3,100,000 for
education construction, facilities improvement and repair, of
which $2,100,000 is to replace the unsafe Lac Courte Oreilles
elementary school portable buildings with a permanent
structure; $5,000,000 is for the Wapato irrigation project; and
$600,000 is for construction program management.
The BIA should schedule planning and design of new or
replacement school construction projects to keep pace with the
BIA's ability to fund and construct these projects.
Indian Land and Water Claim Settlements and Miscellaneous Payments to
Indians
The conference agreement provides $69,241,000 for Indian
land and water claim settlements and miscellaneous payments to
Indians as proposed by the Senate instead of $65,241,000 as
proposed by the House.
Indian Guaranteed Loan Program Account
The conference agreement provides $5,000,000 for the
Indian guaranteed loan program account.
Administrative Provisions
The conference agreement provides language limiting the
distribution of tribal shares for central office and pooled
overhead administrative functions. The Bureau has been
operating with reduced funding levels for central office, area
office, and pooled overhead activities, and the entire
administrative budget of the Bureau constitutes less than ten
percent of its operating budget. Therefore, the Bureau is
directed not to proceed with further distribution of shares of
central office and pooled overhead funding to tribes as
required under the Indian Self-Determination Act and the Tribal
Self-Governance Act. The Committees are concerned that
implementation of the formula in an era of declining budgets
will have a negative impact on non-compacting/contracting
tribes. The Bureau is directed to continue to refine its
analysis of the legal authority and the costs associated with
performing inherently Federal functions as well as the costs
associated with the various additional programmatic functions
to be contracted by the tribes.
DEPARTMENTAL OFFICES
Insular Affairs
Assistance to Territories
The conference agreement provides $65,188,000 for
assistance to territories instead of $65,088,000 as proposed by
the House and $65,388,000 as proposed by the Senate. A $100,000
increase over the House level is provided for technical
assistance.
The conference agreement includes $3,000,000 to fund the
land grant status of the CNMI College, as authorized in section
305 of Public Law 102-247. The Committees concur that the use
of these funds for an endowment is authorized under the terms
of section 118 of the fiscal year 1996 Interior and Related
Agencies Appropriations Act (P.L. 104-134), and that creation
of the endowment is consistent with the legislation from which
section 118 was derived (as expressed in Senate Report 104-
101). The conference agreement also includes Senate bill
language allowing covenant grant recipients to use covenant
grant funds to meet local matching requirements for other
Federal grants.
The Senate report included language making the release of
a portion of infrastructure funds conditional upon the
implementation of certain improvements in fiscal management
practices by the government of American Samoa. The Committees
agree that implementation of such improvements is solely the
responsibility of the Samoan government, and applaud the
government's commitment to making such improvements. However,
there is an obligation to ensure that the scarce Federal funds
appropriated in this bill are spent wisely. The conference
agreement therefore reflects the Senate position with regard to
the release of a portion of infrastructure funds. It is noted
that substantial prior year and current year infrastructure
funds for American Samoa remain unencumbered. The Department is
encouraged to recognize the flexibility granted in the Senate
language, both in assessing substantial implementation of the
immediate term recovery plan and in evaluating reasons why
portions of the plan may not be implemented.
Compact of Free Association
The conference agreement provides $23,538,000 for the
Compact of Free Association instead of $23,638,000 as proposed
by the House and $23,438,000 as proposed by the Senate. The
agreement includes a reduction of $100,000 from the House
funding level for Enewetak support.
Departmental Management
salaries and expenses
The conference agreement provides $58,286,000 for
salaries and expenses for departmental management instead of
$53,691,000 as proposed by the House and $58,991,000 as
proposed by the Senate. Funds are distributed as follows:
$10,306,000 for departmental direction; $20,432,000 for
management and coordination; $7,039,000 for hearings and
appeals; $18,509,000 for central services; and up to $2,000,000
for compensation for former Bureau of Mines employees. Within
the amount provided for central services is a one-time increase
of $95,000 for aircraft services in Alaska for the costs
associated with the transfer of an historic aircraft to the
Alaska Aviation Heritage Museum. The conference agreement also
provides that any funds not needed for BOM payments may be used
for central services. If a redistribution of funds among the
budget activities is desired beyond the reprogramming
threshold, then a reprogramming request should be submitted.
Office of the Solicitor
salaries and expenses
The conference agreement provides $35,443,000 for
salaries and expenses for the Office of the Solicitor as
proposed by the Senate instead of $35,208,000 as proposed by
the House. The $235,000 increase above the House level is for
the Solicitor's Honors Program.
Office of Inspector General
salaries and expenses
The conference agreement provides $24,439,000 for
salaries and expenses of the Office of Inspector General.
National Indian Gaming Commission
salaries and expenses
The conference agreement provides $1,000,000 for salaries
and expenses of the National Indian Gaming Commission.
Office of Special Trustee for American Indians
federal trust programs
The conference agreement provides $32,126,000 for Federal
trust programs in the Office of Special Trustee for American
Indians instead of $19,126,000 as proposed by the House and
$36,338,000 as proposed by the Senate.
Within the funds provided for the Office of Special
Trustee, $1,626,000 is for executive direction, including
$1,176,000 for staffing, $200,000 for the advisory board, and
$250,000 for the Intertribal Monitoring Association. The fiscal
year 1998 budget request should clearly identify the requested
level for each of these activities.
Within the $16,612,000 for operations, $8,829,000 is
provided for the Office of Trust Funds Management, $2,312,000
is for administrative support, and $5,471,000 is for area and
field operations. For improvement initiatives, $13,461,000 is
provided. For past reconciliation efforts, $427,000 is
provided.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Section 107 includes language proposed by the Senate
which changes the termination date for the limitation on
obligations for the Presidio from September 30, 1997 to
December 31, 1996.
Section 108 provides for limiting final rules or
regulations on RS 2477 rights-of-way as proposed by the Senate.
The House bill included a similar provision.
Section 114 modifies language proposed by the Senate
relating to the acquisition and removal of Elwha and Glines
dams. The House had no similar provision. This provision amends
the Elwha River Ecosystem and Fisheries Restoration Act to
allow the State of Washington to purchase the projects from the
Federal Government and provide for their removal. Should the
State elect to exercise this option, the State shall provide
for the protection of water quality and availability, for the
full restoration of the Elwha River ecosystem and native
anadromous fisheries, and for the fulfillment of the other
obligations that would otherwise be the responsibility of the
Secretary of the Interior pursuant to the Elwha Act.
Section 115 provides for extending the Blackstone River
Valley Heritage Commission for one year as proposed by the
Senate. The House had no similar provision.
Section 116 provides for the transfer of a former Bureau
of Mines facility in Salt Lake City to the University of Utah
as proposed by the Senate. The House had no similar provision.
Section 117 deletes language proposed by the Senate on
funding distribution formula and retains authority for the
Secretary of the Interior to approve up to 50 new self-
governance compacts with Indian tribes. The House had no
similar provision.
Section 118 provides for the collection of fees by the
Indian Arts and Crafts Board as proposed by the Senate. The
House had no similar provision.
Section 119 provides for the transfer of BLM buildings in
Battle Mountain to Lander County, Nevada, and for the transfer
of another BLM building in Winnemucca to the State of Nevada as
proposed by the Senate. The House had no similar provision.
Section 120 provides for the transfer of an aircraft to
the Alaska Aviation Heritage Museum in Anchorage as proposed by
the Senate. The House had no similar provision.
Section 121 provides authority for the city of Mesquite,
Nevada to purchase BLM tracts surrounding the city as proposed
by the Senate. The House had no similar provision.
Section 122 provides for the transfer of BLM buildings
and land to the St. Vincent DePaul Parish in Silver City, New
Mexico as proposed by the Senate. The House had no similar
provision.
Section 123 amends a provision in the fiscal year 1996
Interior and Related Agencies Appropriations Act to make
permanent the authority of the Secretary of the Interior to
transfer facilities of the former Bureau of Mines.
Section 124 provides for cooperative agreements between
BLM and private land owners for the restoration and enhancement
of biotic resources.
Section 125 provides for naming the visitor center at
Channel Islands National Park, CA as the ``Robert J.
Lagomarsino Visitor Center''.
TITLE II--RELATED AGENCIES
Department of Agriculture
Forest Service
forest and rangeland research
The conference agreement provides $179,786,000 for forest
and rangeland research instead of $179,000,000 as proposed by
the House and $180,200,000 as proposed by the Senate. The
funding increase above the 1996 allocation is not limited to
insect, disease and noxious plant programs. Within the
allocation, $900,000 above the request is provided for
hardwoods research at Princeton, WV. The agreement also
provides $300,000 for the forest health partnership project
involving the Northern Arizona University School of Forestry
and the Department of the Interior, $200,000 for the Olympic
Natural Resources Center, $300,000 for the University of
Washington landscape management project, and $500,000 for the
Evanston Research Office, Lincoln Park restoration project. The
agreement accepts the House instructions and funding level for
the ``CROP'' project on the Colville National Forest.
The conference agreement provides that funds in the
forest and rangeland research account remain available until
expended as proposed by the Senate. The House proposed two-year
funding availability.
The Forest Service may make changes to the work unit
allocations that were proposed with the budget justification,
however it is important that the Forest Service work closely
with Congress to provide an understanding of what changes are
proposed. The Forest Service should follow normal reprogramming
procedures if it determines that changes are warranted in the
research station organization. The Forest Service should name a
Director to the North Central Forest Experiment Station as
expeditiously as possible. The Forest Service has failed to
fill this position in recent years while contemplating a
possible reorganization. The affected laboratories should not
be without leadership in the interim. If a reorganization is to
be pursued affecting this station, the Forest Service should
submit a reprogramming request in a timely manner.
state and private forestry
The conference agreement provides $155,461,000 for state
and private forestry instead of $148,884,000 as proposed by the
House and $156,811,000 as proposed by the Senate.
Forest health management is provided $66,166,000, a
decrease of $2,335,000 from the level proposed by the House.
Cooperative lands forest health management is provided
$15,000,000, a $1,335,000 decrease from the House level.
Cooperative lands fire management is allocated $18,001,000,
which is $1,000,000 below the House level.
Cooperative forestry is provided $89,295,000 instead of
$80,383,000 as proposed by the House and $90,645,000 as
proposed by the Senate. The forest legacy program is allocated
$2,000,000; it was not funded by the House. The Pacific
Northwest assistance programs are provided $16,762,000, a
$2,762,000 increase from the House level.
Bill language is included to provide $750,000 for a grant
to the World Forestry Center for research on land exchange
efforts in the Umpqua River Basin in Oregon. These funds are
included in the Pacific Northwest Assistance activity.
Economic action programs are provided $17,150,000, an
increase of $4,150,000 above the House level. Economic action
program funds should be distributed as follows:
Rural development.............................................$5,500,000
Wood in transportation........................................ 1,200,000
Economic recovery............................................. 5,000,000
Forest products conservation and recycling.................... 1,200,000
Columbia River Gorge, economic development grants............. 3,000,000
Columbia River Gorge, payments to counties.................... 250,000
Columbia River Gorge, Doetsch Ranch........................... 1,000,000
The forest products conservation and recycling allocation
includes $200,000 to assist the hardwoods training center in
Princeton, WV. The rural development program includes $500,000
for the Hawaii tropical forest task force and $3,000,000 for
the Northeast and Midwest. The Lake Tahoe Basin erosion control
program is allocated a total of $500,000, all of which is
included in the forest stewardship allocation. The Northeastern
Pennsylvania community forestry program is allocated
$1,650,000, of which $500,000 is included in the forest
stewardship activity and $1,150,000 is included in the urban
and community forestry activity.
international forestry
The conference agreement allows the Forest Service to use
up to $3,000,000 from benefiting functions to support
international forestry activities. If additional funds are
needed, the Forest Service should submit a reprogramming
request following normal procedures.
national forest system
The conference agreement provides $1,274,781,000 for the
National Forest System instead of $1,258,057,000 as proposed by
the House and $1,285,881,000 as proposed by the Senate. The
conference agreement provides that funds in the national forest
system account remain available until expended as proposed by
the Senate. The House proposed two-year funding availability.
The conference agreement provides $130,088,000 for land
management planning, inventory and monitoring as proposed by
the Senate, which is $53,000,000 above the level proposed by
the House for the land management planning activity. Forest
planning is provided $35,662,000, Pacific Northwest forest plan
watershed analysis and related activities are provided
$19,338,000, inventory and monitoring activities are provided
$69,000,000, and headquarters functions are provided the
remainder.
The Committees are very concerned about the cost of
forest planning activities; funds provided are only $1,000,000
below the level in the budget request so there should be no
reason for delays in the forest planning revision process.
There is concern that funds which were moved from program areas
in fiscal year 1995 to support vital inventory and monitoring
needs are not being used for those purposes. It is important
that these funds support professional activities of appropriate
specialists in the field so the Forest Service can provide
quality, scientifically sound information and regular
environmental monitoring, thereby reducing the litigation and
appeals gridlock that has characterized recent times. Inventory
and monitoring funds should support integrated land management
and those programmatic inventory and monitoring activities
above the project level which were supported by programmatic
funds before the 1995 budget reform. A General Accounting
Office review will be requested to report on the manner in
which funds for the former ecosystem management activity were
allocated and used in the field as well as the impacts of
implementing the 1995 budget reform on the agency mission and
various program goals.
The conference agreement provides $164,314,000 for
recreation management, $33,267,000 for wilderness management,
$13,570,000 for heritage resources, $28,263,000 for wildlife
habitat management, $14,756,000 for inland fish habitat
management, $21,029,000 for anadromous fish habitat management,
$21,763,000 for threatened, endangered and sensitive species
habit management, $22,506,000 for grazing management,
$15,506,000 for rangeland vegetation management, $196,000,000
for timber sales management, $55,768,000 for forestland
vegetation management, $22,111,000 for soil, water and air
operations, $20,003,000 for watershed improvements, $35,767,000
for minerals and geology management, $43,047,000 for real
estate management, $14,006,000 for landline location,
$81,019,000 for road maintenance, $23,008,000 for facility
maintenance, $59,637,000 for law enforcement operations, and
$259,353,000 for general administration.
Instructions regarding national forest system activities
in the House and Senate reports should be followed except that
$250,000 should be used for the Seeking Common Ground
partnership program within the rangeland vegetation management
activity and $250,000 is included in the inland fish habitat
management activity for dredging at Lake McClellan, TX. The
conference agreement includes $100,000 in the soil, water and
air operations activity for jammer, or long abandoned logging
roads, inventory in Idaho. These funds are to be used to begin
a watershed improvement needs inventory within the Clearwater
National Forest, ID. The purpose of this inventory is to
develop plans for correcting watershed and stream drainage and
sedimentation problems which may stem from such roads. The
agreement accepts the House instructions and funding level for
the ``CROP'' project on the Colville National Forest.
The instructions in the Senate report regarding timber
sales management should be followed. The Forest Service should
make every effort to accomplish the timber sales program as
outlined in the budget request and achieve the pipeline volume
goals discussed in the Senate report. The Forest Service should
strive to offer sawtimber sales but the Committees recognize
that the ratio of sawtimber to non-sawtimber may differ from
existing forest plan goals. The forestland vegetation
management activity includes a $2,000,000 increase to the base
regional allocation to region 5 for this activity; these funds
were moved from the wildland fire management account. This
additional funding should be used to support an integrated,
natural fuels management approach to wildfire fuel reduction
and forest health enhancement.
In the minerals and geology activity, $750,000 has been
provided for the costs associated with the handling,
transportation and off-site management of materials at the
Amalgamated Mill site in the Willamett National Forest, money
to remain available until expended. This amount is to
supplement, not replace, amounts contributed by non-federal
parties. The funds provided herein are not a remedial action
cost under the Comprehensive Environmental Response
Compensation and Liability Act, 42 U.S.C. 9601 et seq.
The conference agreement modifies Senate report language
restricting the use of Interior and Related Agencies
Appropriation funds to supplement the USDA central hazardous
waste account. The Committees understand that the USDA central
account is funded inadequately for all priority hazardous waste
work on National Forest System lands. The Department is
expected to continue to fund activities out of the
appropriations accounts for which they have been established.
The Appropriations Committees will entertain project requests
in accordance with reprogramming procedures to provide funds
for hazardous materials cleanup.
The Committees concur with the Senate's concern that the
Department of Agriculture may be assessing the Forest Service
to fund Departmental initiatives without the approvals required
in section 306 of this Act. The Forest Service and the
Department of Agriculture are expected to display assessments
in the Agency budget justifications and to request
reprogramming authority for those assessments that are not
included in the justifications. For purposes of section 306,
assessments include any charge imposed by the Department on
Forest Service funds that cannot be directly linked to the
actual benefits or services provided.
wildland fire management
The conference agreement provides $530,016,000 for
wildland fire management instead of $411,485,000 proposed by
the House and $661,485,000 proposed by the Senate. Changes from
the House proposals include a reduction of $2,000,000 from
preparedness and fire use and an increase of $118,531,000 for
wildfire suppression operations. The $2,000,000 reduction is
the result of moving funds into the National Forest System
account for forestland vegetation management in region 5. The
Committees understand that the wildfire suppression level is
still well below the ten-year fire suppression average. In
order to compensate for this potential problem, and to pay back
the Knutsen-Vandenberg fund for the record wildfire operations
of 1996 as well as previous wildfire emergency operations as
suggested by the Senate, $550,000,000 has been included in
Title IV as an emergency appropriation. The Committees expect
that the Administration's future budget requests will more
closely reflect the actual funding needs of the wildfire
suppression activity.
The Forest Service needs to embark on an increased
program for natural fuels treatments, including a balanced
mixture of biomass removal, prescribed burning, and forest
stand treatments which reduce wildfire risk but are
environmentally sound. The conference agreement provides
$6,300,000 of the presuppression activity funds for natural
fuels treatments and forest health related activities in region
5 and Nevada. In addition, a $2,000,000 increase is provided in
the National Forest System account for related forest
vegetation management activities in region 5 as described
above. The Committees understand that the region 5 fire program
may still not be fully funded but it is funded well above the
budget request. The Forest Service should provide expert advice
and assistance as appropriate for the Mescalero Apache tribe
with their forest debris and reforestation problems near the
Lincoln National Forest in New Mexico.
reconstruction and construction
The conference agreement provides $174,974,000 for
reconstruction and construction instead of $164,100,000 as
proposed by the House and $172,167,000 as proposed by the
Senate.
The Fire, Administrative, and Other (FAO) facilities
reconstruction and construction activity is provided
$9,974,000. These funds are distributed as follows:
Ashland RD office, MT......................................... $475,000
Boulder WC, CO................................................ 485,000
Chalender RS, AZ.............................................. 476,000
McCall RD office, ID.......................................... 200,000
LTBMU SO phase II, CA......................................... 470,000
Interagency Office, Burns, OR................................. 225,000
Oconee RD Office, GA.......................................... 393,000
Pisgah office expansion, NC................................... 19,000
Wayne SO, OH.................................................. 2,200,000
Midewin Prairie Administration, IL............................ 800,000
Grey Towers reconstruction, PA................................ 1,000,000
Planning and Design........................................... 1,500,000
Program Supervision........................................... 240,000
Misc. Construction............................................ 1,491,000
----------
Subtotal FAO.............................................. 9,974,000
The recreation facilities reconstruction and construction
activity is provided $48,000,000 instead of $36,000,000 as
proposed by the House and $49,442,000 as proposed by the
Senate. The agreement includes the following earmarks within
recreation reconstruction and construction:
Sitting Bull Falls, NM........................................ $851,000
Sabino Canyon VIC, AZ......................................... 232,000
Kyl & Lee Canyon Water Projects, AZ........................... 225,000
2002 Olympics, UT............................................. 1,183,000
Applewhite Picnic II, CA...................................... 452,000
Deschutes NF, OR.............................................. 367,000
Badin Lake Project, NC........................................ 400,000
Davidson River, NC............................................ 260,000
Cradle of Forestry, NC........................................ 300,000
Gum Springs, modernize swimming area, phase IV, LA............ 900,000
Winding Stair Mountain, OK.................................... 650,000
Willow Bay--phase III, PA..................................... 251,000
Hearts Content campground rehabilitation, PA.................. 100,000
Rimrock Recreation, PA........................................ 150,000
Midewin Tallgrass Prairie, IL................................. 800,000
Seneca Rocks NRA visitor center, WV........................... 800,000
The agreement includes bill language permitting the
Forest Service to make a grant to the Ohio State Highway Patrol
for the construction of a facility for the Wayne National
Forest supervisor's office if the Forest Service is provided
space without charge for the life of the building.
Research construction is provided $2,000,000, a decrease
of $29,000 from the level proposed by the House.
The agreement includes $93,000,000 for direct road
construction to be allocated as follows: $59,000,000 for timber
roads, $24,500,000 for recreation roads, and $9,500,000 for
general purpose roads. The agreement includes $22,000,000 for
trails construction and reconstruction, an increase of
$1,991,000 above the House level. The agreement includes the
following earmarks within the roads and trails construction and
reconstruction allocations:
Taft Tunnel Bicycle Trail, ID................................. $450,000
Palmetto Trail, SC............................................ 125,000
Winding Stair Mountain, OK.................................... 338,000
2002 Olympics--roads & trails, UT............................. 248,000
Maroon Lake and Maroon Valley, CO............................. 875,000
land acquisition
The conference agreement provides $40,575,000 for land
acquisition instead of $30,000,000 proposed by the House and
$39,660,000 proposed by the Senate.
Funds should be distributed as follows:
------------------------------------------------------------------------
Project Amount
------------------------------------------------------------------------
Allegheny NF, PA............................................ $250,000
Appalachian Trail, various States........................... 2,000,000
Chattooga Wild and Scenic River, NC......................... 1,000,000
Cibola National Forest (Tres Pistoles), NM.................. 200,000
Columbia River Gorge NSA OR/WA.............................. 6,000,000
Francis Marion NF (Tibwin Plantation), SC................... 750,000
Green Mountain NF, VT....................................... 2,000,000
Hoosier NF, IN.............................................. 500,000
Lake Tahoe Basin, NV........................................ 1,000,000
Los Padres NF (Big Sur), CA................................. 1,500,000
Mark Twain NF, (Ozark Mt Streams), MO....................... 500,000
Ouachita NF (inholdings), AR................................ 500,000
Ozark NF (Mulberry WS River), AR............................ 700,000
Pacific Northwest Streams, OR/WA............................ 2,500,000
Running Creek Ranch, ID..................................... 750,000
San Bernardino NF (Garner Ranch & Deep Creek), CA........... 1,500,000
Sawtooth NRA, ID............................................ 800,000
Sumter NF (Jocassee Gorge tracts), SC....................... 1,000,000
Talladega NF (Pinhoti Trail), AL............................ 1,500,000
Trinity Alps, CA............................................ 600,000
White Mt. NF (Bretton Woods and Lake Tarleton), VT.......... 2,000,000
White River NF (Warren Lakes), CO........................... 1,000,000
Wisconsin Wild Waterways, WI................................ 300,000
Acquisition Management...................................... 7,500,000
Cash Equalization........................................... 1,725,000
Emergency Acquisition....................................... 2,000,000
Wilderness Protection....................................... 500,000
------------------------------------------------------------------------
To protect the significant Federal investment made to
restore the Hood River-to-Mosier segment of the Historic
Columbia River Highway, as authorized in Sections 12 and
16(b)(3) of Public Law 99-663, the conference agreement
anticipates the Forest Service will acquire, by exchange or
with available funds, the properties within the Hood River-to-
Mosier corridor on which preexisting mining or associated uses
would adversely affect scenic, cultural or recreational values.
The Committees understand that a cooperative agreement
will be developed between the Forest Service, the Oregon
Department of Transportation and the Oregon Parks and
Recreation Department (OPRD). This cooperative agreement will
acknowledge the Forest Service's temporary ownership/management
of the properties and the immediate need for OPRD to construct
permanent improvements on these properties pending ultimate
agreement. The ultimate agreement by the three partners would
provide for the long-term disposition and management of said
properties. The Committees understand that the long-term
disposition will involve a land exchange between the Forest
Service and the State of Oregon at fair market values. The
Committees further recognize that this temporary acquisition by
the Forest Service is unique as it relates to the completion of
the authorized Hood River-to-Mosier corridor restoration
project.
acquisition of lands for national forests special acts
The conference agreement provides $1,069,000 for
acquisition of lands for National forests special acts.
acquisition of lands to complete land exchanges
The conference agreement provides for the use of receipts
estimate at $210,000 for acquisition of lands to complete land
exchanges.
range betterment fund
The conference agreement provides an indefinite
appropriation of $3,995,000 to be derived from grazing receipts
from the National forests for the range betterment fund.
gifts, donations and bequests for forest and rangeland research
The conference agreement provides $92,000 for gifts,
donations and bequests for forest and rangeland research.
administrative provisions, forest service
The conference agreement modifies House provisions as
proposed by the Senate limiting funds without the consent of
the Appropriations Committee for changing boundaries of
regions, moving regional offices or implementing various
reinvention reorganizations except for the relocation of the
region 5 regional office to Mare Island.
The conference agreement includes a provision as proposed
by the Senate that funds may be used, with the approval of the
Appropriations Committees, for retrofitting the Mare Island
facilities for the relocation, if the funds would have
otherwise been available to region 5. The House had no such
provision.
The conference agreement modifies House and Senate
provisions that up to $1,000,000 for matching funds shall be
available to the National Forest Foundation to match private
contributions on a one-for-one basis for projects benefitting
national forest system lands or related to Forest Service
programs.
The conference agreement modifies a Senate provision
that, 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 by 16 USC 3701-
3709, on a one-for-one basis to match private contributions for
projects benefitting national forest system lands or related to
Forest Service programs. The House had no similar provision.
The conference agreement deletes Senate language limiting
implementation of the Tongass Land Management Plan revision.
The conference agreement requires a report by March 31,
1997 to the Committee on Appropriations on the status and
disposition of all salvage timber sales started under the
authority of section 2001 of P.L. 104-19 and subsequently
altered as a consequence of a July 2, 1996 directive by the
Secretary of Agriculture.
The conference agreement renames the Bend Silviculture
laboratory in honor of Robert W. Chandler. The dedication
provides commemorative recognition to the editor of the Bend
Bulletin newspaper, a longtime community servant and advocate
for sound silvicultural practices in Central and Eastern
Oregon.
The conference agreement makes a technical correction in
P.L. 104-134 which provides for direct payments from the
Southeast Alaska Economic Disaster Fund except that these
direct grants may not be used for lobbying activities.
The conference agreement provides that Forest Service
employees who serve details of more than 30 days with other
Department of Agriculture agencies or offices must have their
salaries and expenses reimbursed by the receiving agency or
office. This provision is identical to one included in the
fiscal year 1997 appropriations Act for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
covering other USDA employees. This ensures that there will be
uniformity throughout the Department regarding this matter.
Department of Energy
clean coal technology
(rescission)
The conference agreement rescinds $123,000,000 in clean
coal technology instead of $150,000,000 as proposed by the
Senate. The House proposed no rescission.
This rescission is not specific to any particular round
of clean coal projects. The rescission should not affect
ongoing projects due to savings achieved from the recent
termination of projects prior to completion.
fossil energy research and development
The conference agreement provides $364,704,000 for fossil
energy research and development instead of $354,754,000 as
proposed by the House and $367,504,000 as proposed by the
Senate. Changes to the House level include decreases of
$1,850,000 for coal research and $1,900,000 for natural gas
research, and increases of $3,500,000 for oil technology
research, $1,100,000 for cooperative research and development
and $9,100,000 for energy technology center program direction.
Changes to the amount proposed by the House for coal
research include an increase of $1,000,000 for the Consortium
for Fossil Fuel Liquefaction Science, and decreases of
$1,000,000 for low emission boiler systems, $1,000,000 for
indirect fired cycle, $150,000 for high-efficiency pressurized
fluidized bed, $200,000 for coal technology export, $200,000
for materials and components, $100,000 for technical and
economic analysis, and $200,000 for international program
support. No funding is included for the atmospheric fluidized
bed hospital waste project at the Veterans Administration
hospital in Lebanon, PA. Any additional costs for this project
should be borne by the VA.
Changes to the amount proposed by the House for oil
technology research include increases of $1,000,000 for
reservoir characterization, $2,000,000 for industry/national
laboratory partnerships, and $500,000 to complete the domestic
kerogen enhancement project. Funding for the gypsy field
project and the northern mid-continent digital atlas is to be
maintained at the fiscal year 1996 level.
Changes to the amount proposed by the House for natural
gas research include decreases of $900,000 for methyl chloride
production and $1,000,000 for tubular solid oxide fuel cells.
Other changes to the House position include increases of
$1,100,000 for cooperative research and development and
$9,100,000 for energy technology center program direction.
Funds provided for cooperative research and development include
$40,000 for program management support and $2,530,000 each for
the Western Research Institute and the University of North
Dakota Energy and Environmental Research Center.
alternative fuels production
(including transfer and rescission of funds)
The conference agreement provides for the deposit of
investment income earned as of October 1, 1996 on principal
amounts in a trust fund established as part of the sale of the
Great Plains Gasification Plant in Beulah, ND, and immediate
transfer of the funds to the General Fund of the Treasury. The
agreement also rescinds, $2,500,000 in unobligated balances.
naval petroleum and oil shale reserves
The conference agreement provides $143,786,000 for the
naval petroleum and oil shale reserves instead of $132,022,000
as proposed by the House and $133,000,000 as proposed by the
Senate. The increase above the amount proposed by the House
reflects the elimination of a general reduction of $11,764,000.
The Department should take necessary actions to ensure that the
value of the reserves is maintained.
energy conservation
The conference agreement provides $569,762,000 for energy
conservation research instead of $523,444,000 as proposed by
the House and $570,452,000 as proposed by the Senate. Changes
to the amount proposed by the House include increases of
$19,741,000 for building technology, $2,000,000 for the Federal
energy management program, $8,027,000 for industry programs,
$15,750,000 for transportation research, and $800,000 for
policy and management.
Changes to the amount proposed by the House for building
research include increases of $1,000,000 for residential
buildings/Building America, $500,000 for industrialized
housing, $2,000,000 for commercial buildings/Rebuild America,
$1,000,000 each for commercial/affordable homes and commercial
multifamily research, $500,000 for hi-cool heat pumps, $300,000
for large commercial chillers, $500,000 for advanced
desiccants, $500,000 for oil heat research and development,
$5,000,000 for high priority lighting and appliance research
and development, $700,000 for urban heat islands, $250,000 for
superwindow collaboratives, $1,535,000 for the home energy
rating system to be used only to continue existing State pilot
programs, $9,081,000 for weatherization assistance, and
$4,000,000 for the State energy conservation program. Decreases
from the House level include $1,000,000 for design for best
practices/energy tools, $5,000,000 in building equipment and
materials programs (which reflects the deletion of the generic
increase in House floor action as funds were distributed to the
program increases discussed above), $1,000,000 for updating
State codes, $1,000,000 as a general reduction to the codes and
standards programs, $25,000 for modeling and tools, and
$100,000 for analytical studies and planning studies.
For the Federal energy management program, an increase of
$2,000,000 over the House amount is provided for the highest
priority FEMP activities.
Changes to the amount provided by the House for industry
programs, include increases of $140,000 for forest and paper
products, $2,587,000 for aluminum, $500,000 for metal casting,
$1,000,000 for petroleum refining, $2,000,000 for cogeneration/
advanced turbine systems, $500,000 for technology transfer/
outreach programs and $1,300,000 for the inventions and
innovations program.
Changes to the amount provided by the House for
transportation programs include increases of $500,000 for
systems optimization for natural gas vehicles, $850,000 for
student vehicle competitions, $1,000,000 for NOx emissions
control for natural gas vehicles, $1,000,000 for electric
vehicle research/exploratory technology, $4,200,000 for hybrid
vehicle research and development, $2,000,000 for fuel cell
research, $300,000 for propulsion system materials/heavy
vehicles, $3,000,000 for lightweight vehicle materials,
$400,000 for heavy vehicle materials technology, and $1,000,000
for heavy duty and $1,500,000 for light duty engine research
and development.
Changes to the amount provided by the House for policy
and management include $400,000 for salaries and expenses at
the Golden field office and $400,000 for contract services at
the Golden field office.
The conference agreement does not extend the moratorium
on the issuance of lighting and appliance standards. With
regard to the development of new or revised standards, the
conference agreement assumes that the Department will seek to
achieve consensus with stakeholders consistent with the
understanding expressed in the colloquy on this subject during
House floor action on H.R. 3662.
The conference agreement supports funding to provide
grants to those States that adopt model energy codes for
residential construction in order to assist in their efforts to
implement these codes through training and technical assistance
for builders and building officials. However, concerns have
been raised about the manner in which DOE, as well as
organizations supported by DOE funding, have used these monies.
Specifically, funding should neither be used to coerce the
States into adopting model energy codes nor to penalize States
that attempt to repeal such codes--activities not authorized by
the Energy Policy Act.
Within the amount provided for the chemicals program, the
Committees urge the Department to complete alternative
feedstocks projects currently underway, particularly those AFP
projects that are nearing completion and are consistent with
the chemical industry vision statement.
The natural gas vehicle plan requested in Senate Report
104-319 should be developed in consultation with interested
outside parties, including industry, government, and
universities. To the extent a resource such as the National
Research Center for Coal and Energy offers skills and expertise
that would help facilitate the interaction of interested
parties, the Department of Energy is encouraged to consider
involving the Center in the development of the requested plan.
In the event the interested parties pursue a consortium
approach for this program, funding for the consortium's
operation should be provided by non-Federal participants.
The Department should continue to honor its funding
commitment to the ceramics research program. The ceramics
program is essential to the success of many major energy
efficiency programs including the turbine engine program.
The Committees encourage the Department to use a portion
of the funds provided for transportation programs to initiate
new and innovative projects that support program objectives.
The conference agreement earmarks $149,845,000 for energy
conservation grant programs instead of $136,764,000 as proposed
by the House and $158,900,000 as proposed by the Senate. The
earmark for the weatherization assistance program is
$120,845,000 and the earmark for State energy conservation
grants is $29,000,000.
economic regulation
The conference agreement provides $2,725,000 for economic
regulation.
strategic petroleum reserve
(including transfer of funds)
The conference agreement provides for the sale of
$220,000,000 of Strategic Petroleum Reserve oil and for the use
of those funds for operation of the SPR in fiscal year 1997 as
proposed by the Senate.
spr petroleum account
The conference agreement provides an outlay limitation of
$5,000,000 for the SPR petroleum account.
energy information administration
The conference agreement provides $66,120,000 for the
Energy Information Administration as proposed by the House
instead of $64,120,000 as proposed by the Senate.
Funding reductions below the fiscal year 1996 level
should be achieved through a combination of reducing contract
support and by normal Federal staff attrition without incurring
separation costs required for a reduction-in-force or new
employee buyout authority. This approach appropriately will
place greater reliance on Federal staffing rather than on
support service contractors for gathering, compiling and
analyzing the Nation's energy statistics.
Department of Health and Human Services
Indian Health Service
indian health services
The conference agreement provides $1,806,269,000 for
Indian health services instead of $1,779,561,000 as proposed by
the House and $1,800,836,000 as proposed by the Senate.
Increases above the House include $2,000,000 for
hospitals and clinics, $3,200,000 for contract care for new and
expanded tribes, $1,000,000 for public health nursing, $500,000
for community health aides in Alaska, $1,000,000 for urban
health, $2,000,000 for Indian health professions, $7,500,000
for the Indian self-determination fund, and $9,508,000 fixed
cost restoration for both services and facilities. Within the
funds provided, the Indians into psychology program should be
funded at $200,000.
The conference agreement earmarks a total of $368,325,000
for contract health services instead of $365,125,000 as
proposed by the House and $365,128,000 as proposed by the
Senate.
The conference agreement earmarks $11,706,000 for the
loan repayment program as proposed by the Senate instead of
$11,306,000 as proposed by the House.
The conference agreement earmarks $7,500,000 for the
Indian self-determination fund. The agreement also deletes
Senate language limiting the use of the Indian self-
determination fund to nonrecurring transitional costs of
initial or expanded tribal contracts, compacts, grants, or
cooperative agreements.
Indian Health Facilities
The conference agreement provides $247,731,000 for Indian
health facilities instead of $227,701,000 as proposed by the
House and $251,957,000 as proposed by the Senate.
Increases above the House include $1,000,000 for modular
dental units, $3,000,000 for sanitation facilities, $1,000,000
for maintenance and improvement, $13,500,000 for the
replacement facility at Lame Deer, Montana, and $1,530,000 for
equipment at the Anchorage native primary care center. The
conference agreement also assumes that the facilities account
will receive an appropriate portion of the increase for fixed
cost restoration provided in the services account.
IHS may use up to $3,000,000 of the funds provided for
sanitation facilities for projects to assess open dumps on
Indian lands. However, before proceeding, IHS should report to
the Committees on the level of resources it intends to allocate
to this activity.
Senate floor-action adopted language authorizing the
Choctaw Nation of Oklahoma to use certain non-facilities funds
to construct a facility to replace the Talahina Indian
Hospital. While the IHS and tribes are encouraged to explore
alternative means of facility financing, the Senate language
would set a significant precedent. As such, the language has
been removed to provide IHS and the relevant committees an
opportunity to study its potential impact on the priority list
system, future facility financing and the quality of health
care service in Indian country.
Administrative Provisions, Indian Health Service
As proposed by the Senate, the conference agreement
deletes language preventing IHS from billing Indians who have
the economic means to pay for services.
Department of Education
Office of Elementary and Secondary Education
Indian Education
The conference agreement provides $61,000,000 for Indian
education instead of $52,500,000 as proposed by the House and
Senate. The increase is for grants to local educational
agencies.
Other Related Agencies
Office of Navajo and Hopi Indian Relocation
Salaries and Expenses
The conference agreement provides $19,345,000 for the
Office of Navajo and Hopi Indian Relocation as proposed by the
Senate instead of $20,345,000 as proposed by the House.
Institute of American Indian and Alaska Native Culture and Arts
Development
Payment to the Institute
The conference agreement provides $5,500,000 for the
Institute of American Indian and Alaska Native Culture and Arts
Development.
Smithsonian Institution
Salaries and Expenses
The conference agreement provides $317,557,000 for
salaries and expenses instead of $317,188,000 as proposed by
the House and $317,582,000 as proposed by the Senate. Within
this allowance, funds are included for two of the Institution's
priority program enhancements: $720,000 for the Smithsonian
Astrophysical Observatory to fund initial operations of the
Hilo, HI field station submillimeter array, and $649,000 for
procurement of the voice system and a portion of the data
system of the National Museum of Natural History's East Court
Building. Level funding of $1,447,000 is recommended for the
Center for Folklife Programs and Cultural Studies and includes
an amount of $200,000 above the budget request for the
Mississippi Delta program at the 1997 Festival of American
Folklife. The State of Mississippi intends to contribute
$250,000 to this effort. In order to address uncontrollable
costs, the Institution is provided with an increase of
$5,025,000 for mandated pay raises. Further, of the $3,000,000
appropriated for one-time buyout expenses in fiscal year 1996,
$2,975,000 has been retained in the base to be applied toward
additional expenses associated with postage, communications and
utilities ($2,000,000) and rental space ($975,000). Savings
derived from recent buyout activities are expected to be used
by the Smithsonian Institution to assist in meeting any other
increases in uncontrollable expenses that were identified in
the fiscal year 1997 budget estimate.
construction and improvements, national zoological park
The conference agreement provides $3,850,000 for zoo
construction instead of $3,250,000 as proposed by the House and
$4,000,000 as proposed by the Senate. Of this total, $3,250,000
is designated for repair, renovation and improvement projects
at both the Rock Creek and Front Royal facilities. In addition,
$600,000 is included for the Grasslands exhibit, thereby
enabling the Zoo to complete Phase I, the American Prairie.
Once completed, no additional operating costs are expected to
be incurred in staffing this exhibit. Given the restrictions of
the current budget climate, it is unlikely that additional
funds will be available in the near future to address Phases II
and III.
repair and restoration of buildings
The conference agreement provides $39,000,000 for repair
and restoration of buildings instead of $39,954,000 as proposed
by the House and $38,000,000 as proposed by the Senate.
construction
The conference agreement provides $10,000,000 for
construction instead of $7,000,000 as proposed by the House and
$12,000,000 as proposed by the Senate. Within this total,
$4,000,000 is provided to the National Museum of the American
Indian to complete planning and design of the Mall Museum,
$3,000,000 for continued planning and design of the National
Air and Space Museum extension, and $3,000,000 for minor
construction, alterations and modifications.
The conference agreement includes $4,000,000 to complete
the design of the National Museum of the American Indian as
recommended by the Senate. This represents a logical stopping
point on this project. This funding is provided so that the
$5,300,000 in the Federal funds and the $3,400,000 in donated
funds already spent on design will not be wasted. By funding
this final phase of the design, the managers are not committing
to appropriations for construction funds in fiscal year 1998.
Last year Congress directed the Smithsonian to consider
possible downsizing of the building or additional private
fundraising efforts to reduce the $110,000,000 Federal share of
the construction. The Smithsonian has not responded to these
directives and given the current budget constraints and the
Smithsonian's other priority needs, further Federal funding for
the Indian Museum is likely to be delayed.
National Gallery of Art
salaries and expenses
The conference agreement provides $53,899,000 for
salaries and expenses of the National Gallery of Art.
repair, restoration and renovation of buildings
The conference agreement provides $5,942,000 for repair,
restoration and renovation of buildings.
John F. Kennedy Center for the Performing Arts
operations and maintenance
The conference agreement provides $10,875,000 for
operations and maintenance of the John F. Kennedy Center for
the Performing Arts.
construction
The conference agreement provides $9,000,000 for
construction.
Woodrow Wilson International Center for Scholars
salaries and expenses
The conference agreement provides $5,840,000 for salaries
and expenses of the Woodrow Wilson International Center for
Scholars.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
The conference agreement provides $82,734,000 for grants
and administration of the National Endowment for the Arts.
matching grants
The conference agreement provides $16,760,000 for
matching grants.
National Endowment for the Humanities
grants and administration
The conference agreement provides $96,100,000 for grants
and administration of the National Endowment for the Humanities
instead of $92,994,000 as proposed by the House and $87,994,000
as proposed by the Senate.
matching grants
The conference agreement provides $13,900,000 for
matching grants instead of $11,500,000 as proposed by the House
and Senate.
Institute of Museum Services
grants and administration
The conference agreement provides $22,000,000 for grants
and administration of the Institute of Museum Services instead
of $21,000,000 as proposed by the House and Senate.
Commission of Fine Arts
salaries and expenses
The conference agreement provides $867,000 for salaries
and expenses of the Commission of Fine Arts.
national capital arts and cultural affairs
The conference agreement provides $6,000,000 for National
capital arts and cultural affairs grants.
Advisory Council on Historic Preservation
Salaries and expenses
The conference agreement provides $2,500,000 for salaries
and expenses of the Advisory Council on Historic Preservation.
Federal agencies and other entities that benefit from the
Council's expert assistance and advice on meeting their
particular preservation obligations should reimburse the
Council for the cost of providing these services, rather than
relying on the Council's appropriation. The Council, with full
cooperation from other Federal agencies, should cultivate such
reimbursable arrangements as an important component of
supporting its mission. Such agreements will further the
Council's mission but not increase the Council's dependency on
the Interior bill.
National Capital Planning Commission
salaries and expenses
The conference agreement provides $5,390,000 for salaries
and expenses of the National Capital Planning Commission.
Franklin Delano Roosevelt Memorial Commission
Salaries and expenses
The conference agreement provides $500,000 for salaries
and expenses of the Franklin Delano Roosevelt Memorial
Commission as proposed by the Senate instead of the $125,000 as
proposed by the House. Funds are made available until expended
as proposed by the Senate. The House had proposed one-year
funding availability.
United States Holocaust Memorial Council
Holocaust Memorial Council
The conference agreement provides $30,707,000 for the
Holocaust Memorial Council as proposed by the Senate instead of
$29,707,000 as proposed by the House.
TITLE III--GENERAL PROVISIONS
Section 312 continues language carried in the fiscal year
1996 appropriations act regarding AmeriCorps activities of the
Department of the Interior and the Forest Service in the
Department of Agriculture subject to established reprogramming
guidelines. Timely consideration will be given to any request
that is submitted. If AmeriCorps members can be used in a
manner that on-the-ground land managers determine will be cost-
effective and beneficial to the agency, those types of efforts
should be considered via a reprogramming request.
Section 315 expands the Wayne NF land acquisition
moratorium to include Gallia County, Ohio as adopted by Senate
floor action. The House did not include Gallia County in the
moratorium.
Section 316 clarifies House language regarding grants by
the National Endowment for the Arts to local arts agencies and
regional groups, as proposed by the Senate.
The conference agreement deletes House and Senate
language regarding construction of a telescope on Mount Graham,
AZ.
Section 317 modifies House and Senate language limiting
funding for issuing a final rulemaking on jurisdiction over
subsistence fishing in Alaska. The committees intend that the
prohibition in this section shall not prevent the Secretaries
of Agriculture and the Interior from continuing to receive
public comment on the advanced notice of proposed rulemaking on
subsistence, or from preparing or issuing any further notice of
proposed rulemaking with respect to subsistence in Alaska. The
committees intend that neither Secretary will issue such notice
of proposed rulemaking, and the section prohibits the
implementation or enforcement of any interim or final rule or
regulation.
Section 319 extends the recreation fee demonstration
program and expands it to include 100 units per participating
agency as proposed by the Senate. The House had a similar
provision which did not increase the number of participating
units.
The conference agreement deletes House language placing a
limitation on the transfer of land into trust for Indian
tribes, as proposed by the Senate.
Section 321 transfers the Bend Silviculture Laboratory to
the Central Oregon Community College as proposed by the Senate.
The House had no similar provision.
Section 322 modifies a Senate provision such that the
activities of the Office of Forestry and Economic Assistance or
any successor office are terminated after December 31, 1996.
The House had no similar provision.
Section 323 authorizes a land exchange between the
Corrections Corporation of America and the National Park
Service of land in Oxon Cove Park in Prince Georges County,
Maryland as proposed by the Senate. The House had no similar
provision.
Section 324 authorizes a land exchange between the Forest
Service and the Chelan County Public Utility District in
Washington as proposed by the Senate. The House had no similar
provision.
Section 325 mandates the modification of the boundaries
of the Snoqualmie National Forest to facilitate a land exchange
between the Forest Service and the Weyerhaeuser Co. as proposed
by the Senate. The House had no similar provision.
Section 326 provides for a land exchange between the
Forest Service (Green Mountain National Forest) and Sugarbush
Resort Holdings, Inc. as proposed by the Senate. The House had
no similar provision.
Section 327 removes 100 acres from the Snowbird
Wilderness Study Area as proposed by the Senate. The House had
no similar provision.
Section 328 renames the Columbia Wilderness in the Mt.
Hood NF, OR as the ``Mark O. Hatfield Wilderness'' as proposed
by the Senate. The House had no similar provision.
Section 329 authorizes limited competition for ``Jobs in
the Woods'' contracts in Washington, Oregon and California as
proposed by the Senate. The House had no similar provision.
Section 330 amends the Rhode Island Indian Claims
Settlement Act pertaining to Indian gaming in the State of
Rhode Island. The inclusion of this provision is not intended
to set a precedent, but is intended exclusively to be a
fulfillment of the agreement concerning Indian gaming in the
State of Rhode Island reached when the underlying legislation,
the Indian Gaming Regulatory Act (IGRA), was passed. The
agreement is set forth in the colloquy that accompanied the
passage of IGRA. A restatement of this colloquy follows:
Mr. Pell. Mr. President, I would like to thank the
managers of S. 555, the Indian Gaming Regulatory Act,
and particularly the chairman of the Select Committee
on Indian Affairs [Mr. Inouye], for their hard work and
patience in acheving a consensus on this important
measure.
In the interests of clarity, I have asked that
language specifically citing the protections of the
Rhode Island Indian Claims Settlement Act (Public Law
95-395) be stricken from S. 555. I understand that
these protections clearly will remain in effect.
Mr. Inouye. I thank my colleague, the senior
Senator from Rhode Island [Mr. Pell], and assure him
that the protections of the Rhode Island Indian Claims
Settlement Act (P.L. 95-395), will remain in effect and
that the Narragansett Indian Tribe clearly will remain
subject to the civil, criminal, and regulatory laws of
the State of Rhode Island.
Mr. Chafee. Mr. President, I too would like to
thank the chairman [Mr. Inouye] and members of the
Select Committee on Indian Affairs for their
cooperation and assistance. The chairman's statement
makes it clear that any high stakes gaming, including
bingo, in Rhode Island will remain subject to the
civil, criminal, and regulatory laws of our State.
(Congressional Record, September 15, 1988, p. S 12650)
The Fish and Wildlife Service, the National Park Service
and the Forest Service should promulgate rules which ensure
that the public has the opportunity to participate fully and
comment on the issuing of permits, rights-of-way or easements
for any telecommunications facility placed in any unit of the
National Refuge System, the National Park System or the
National Forest System.
The conference agreement does not include language
proposed by the Senate restricting employee relocation costs.
However, an area of concern with respect to agencies funded by
the Interior bill is the large number of employees affected by,
and millions of dollars spent each year on, relocations and
transfers of station. Reductions in this area can result in
significant savings that can be applied to agency operating
programs. All land management agencies are encouraged to reduce
both the number of employees relocated and the total cost of
relocating employees by 10 percent in fiscal year 1997 and to
plan to reduce the number by an additional 10 percent in fiscal
year 1998, using the average of fiscal years 1994 and 1995 as a
base. All agencies should include in the fiscal year 1998
budget request to Congress a report on the progress and plans
for achieving reductions in relocation costs and employee
relocations.
TITLE IV--EMERGENCY APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
An additional $3,500,000 in emergency appropriations is
provided for management of lands and resources to restore
public lands damaged by fire. This amount is contingent upon
receipt of a budget request that includes a Presidential
designation of such amount as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
wildland fire management
An additional $100,000,000 in emergency appropriations is
provided for wildland fire management. This amount is
contingent upon receipt of a budget request that includes a
Presidential designation of such amount as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
oregon and california grant lands
An additional $2,500,000 in emergency appropriations is
provided for Oregon and California grant lands to restore
public lands damaged by fire. This amount is contingent upon
receipt of a budget request that includes a Presidential
designation of such amount as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
United States Fish and Wildlife Service
resource management
An additional $2,100,000 in emergency appropriations is
provided for resource management of which $600,000 is to
restore public lands damaged by fire and $1,500,000 is to
address anti-terrorism requirements. This amount is contingent
upon receipt of a budget request that includes a Presidential
designation of such amount as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
construction
An additional $15,891,000 in emergency appropriations is
provided for construction to address damages from hurricanes
Bertha, Fran and Hortense and from floods in the Midwest and
droughts and floods in the Southwest. This amount is contingent
upon receipt of a budget request that includes a Presidential
designation of such amount as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
National Park Service
operation of the national park system
An additional $2,300,000 in emergency appropriations is
provided for the operation of the National park system to
address anti-terrorism requirements. This amount is contingent
upon receipt of a budget request that includes a Presidential
designation of such amount as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
construction
An additional $9,300,000 in emergency appropriations is
provided for construction, of which $3,000,000 is to address
damages caused by hurricanes Bertha, Fran and Hortense and
$6,300,000 is to address anti-terrorism requirements. This
amount is contingent upon receipt of a budget request that
includes a Presidential designation of such amount as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
United States Geological Survey
surveys, investigations, and research
An additional $1,138,000 in emergency appropriations is
provided for surveys, investigations, and research to address
data collection and documentation costs associated with
hurricane and flood damage. This amount is contingent upon
receipt of a budget request that includes a Presidential
designation of such amount as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
Bureau of Indian Affairs
operation of indian programs
An additional $6,600,000 in emergency appropriations is
provided for operation of Indian programs to address damages on
the Mescalaro Apache reservation caused by floods in the
Southwest and to restore Indian lands damaged by fire. This
amount is contingent upon receipt of a budget request that
includes a Presidential designation of such amount as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
construction
An additional $6,000,000 in emergency appropriations is
provided for construction to address damages on the Mescalaro
Apache reservation caused by floods in the Southwest. This
amount is contingent upon receipt of a budget request that
includes a Presidential designation of such amount as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
DEPARTMENT OF AGRICULTURE
Forest Service
national forest system
An additional $3,395,000 in emergency appropriations is
provided for the National Forest System to address damages
caused by hurricanes Fran and Hortense. This amount is
contingent upon receipt of a budget request that includes a
Presidential designation of such amount as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
wildland fire management
An additional $550,000,000 in emergency appropriations is
provided for wildland fire management including repayment of
advances from other appropriations accounts. This amount is
contingent upon receipt of a budget request that includes a
Presidential designation of such amount as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
reconstruction and construction
An additional $5,210,000 in emergency appropriations is
provided for reconstruction and construction to address damages
caused by hurricanes Fran and Hortense. This amount is
contingent upon receipt of a budget request that includes a
Presidential designation of such amount as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
OTHER RELATED AGENCIES
Smithsonian Institution
salaries and expenses
An additional $935,000 in emergency appropriations is
provided for salaries and expenses of the Smithsonian
Institution to address anti-terrorism requirements. This amount
is contingent upon receipt of a budget request that includes a
Presidential designation of such amount as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
John F. Kennedy Center for the Performing Arts
operations and maintenance
An additional $1,600,000 in emergency appropriations is
provided for operations and maintenance of the John F. Kennedy
Center for the Performing Arts to address anti-terrorism
requirements. This amount is contingent upon receipt of a
budget request that includes a Presidential designation of such
amount as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
construction
An additional $3,400,000 in emergency appropriations is
provided for construction to address anti-terrorism
requirements. This amount is contingent upon receipt of a
budget request that includes a Presidential designation of such
amount as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
National Gallery of Art
salaries and expenses
An additional $382,000 in emergency appropriations is
provided for salaries and expenses of the National Gallery of
Art to address anti-terrorism requirements. This amount is
contingent upon receipt of a budget request that includes a
Presidential designation of such amount as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
United States Holocaust Memorial Council
holocaust memorial council
An additional $1,000,000 in emergency appropriations is
provided for the Holocaust Memorial Council to address anti-
terrorism requirements. This amount is contingent upon receipt
of a budget request that includes a Presidential designation of
such amount as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
SECTION 101(e)
Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 1997
The conferees on H.R. 3610 agree with the matter inserted
in this subsection of this conference agreement and the
following description of this matter. This matter was developed
through negotiations on the differences in the House and Senate
versions of H.R. 3755, the Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Act, 1997, by members of the appropriations
subcommittee of both the House and Senate with jurisdiction
over H.R. 3755.
Section 101(e) of H.R. 3610 provides appropriations for
programs, projects and activities provided for in the
Departments of Labor, Health and Human Services and Education
and Related Agencies Appropriations Act, 1997. In implementing
this agreement, the Departments and agencies should comply with
the language and instructions set forth in House Report 104-659
and Senate Report 104-368. In those cases where the language
and instructions specifically address the allocation of funds,
the Departments and agencies are to follow the funding levels
specified in the Congressional budget justifications
accompanying the fiscal year 1997 budget or the underlying
authorizing statute and should give careful consideration to
the recommendations in the reports accompanying the House and
Senate bills. With respect to the provisions in the above House
and Senate Reports that specifically allocate funds that are
not allocated by formula in the underlying statute or
identified in the budget justifications, the conferees have
reviewed each and have included those in which they concur in
this joint statement.
The Departments of Labor, Health and Human Services and
Education and Related Agencies Appropriations Act, FY 1997, put
in place by this bill, incorporates the following agreements of
the managers:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
The conference agreement includes $4,719,703,000, instead
of $4,166,482,000 as proposed by the House in H.R. 3755 and
$4,202,739,000 as proposed by the Senate in H.R. 3755 as
reported from Committee. The agreement includes $895,000,000
for adult job training, $871,000,000 for summer youth
employment, $1,293,000,000 for the dislocated workers program
and $200,000,000 for the school-to-work program.
The agreement includes the FY 1996 amount for the
American Samoan program under pilots and demonstrations.
The conferees are agreed that a portion of the job
training funds available to States should be used to support
community based programs with demonstrated effectiveness,
working in cooperation with businesses and the private sector,
such as Opportunities Industrialization Centers of America,
which provides community based training and development of job
skills in economically disadvantaged areas.
In addition, the agreement permits the transfer of up to
20 percent of funds between title II-A and title III of the
Act, with the approval of the Governor, instead of 50 percent
as proposed by the Senate and 100 percent as proposed by the
House.
The agreement includes a legislative provision proposed
by the Senate modified to allow the Secretary of Labor to waive
certain statutory and regulatory requirements of the Job
Training Partnership Act and the Wagner-Peyser Act to encourage
and facilitate cooperation among Federal, State, and local
entities to redesign and test an outcomes oriented approach to
intergovernmental service delivery. The House bill had no
similar provision.
The agreement also includes a legislative provision as
proposed by the Senate to require the Secretary of Labor to
establish a workforce flexibility (work-flex) partnership
demonstration program under which the Secretary would authorize
not more than six States to waive certain statutory and
regulatory requirements of the Job Training Partnership Act and
the Wagner-Peyser Act. The waivers could be granted for a
period of up to 5 years. Preference would be given to those
States which have been designated ``Ed-Flex Partnership
States'' under the Goals 2000 Act. The House bill had no
similar provision.
community service employment for older americans
The conference agreement includes $463,000,000, instead
of $373,000,000 as proposed by both the House and the Senate in
H.R. 3755. The agreement earmarks 22 percent of the funds for
the States and 78 percent for national sponsors, instead of 35
percent for the States and 65 percent for the national sponsors
as proposed by the House in H.R. 3755 and 25 percent for the
States and 75 percent for the national sponsors as proposed by
the Senate in H.R. 3755 as reported from Committee.
The additional $90,000,000 over the House and Senate
bills is for the cost of the recent increase in the minimum
wage, of which $28,000,000 if for program year 1996 and
$62,000,000 is for program year 1997.
State Unemployment Insurance and Employment Service Operations
The conference agreement includes $3,320,278,000, instead
of $3,222,191,000 as proposed by the House in H.R. 3755 and
$3,232,015,000 as proposed by the Senate in H.R. 3755 as
reported from Committee. This includes $173,452,000 in Federal
funds, instead of $132,279,000 as proposed by both the House
and Senate, and $3,146,826,000 from the Unemployment Trust
Fund, instead of $3,089,912,000 as proposed by the House and
$3,099,736,000 as proposed by the Senate. The agreement
includes $150,000,000 for one-stop career centers.
Within the amount for Employment Service national
activities, $20,000,000 is set aside specifically for State
administration of the new Work Opportunity Tax Credit.
The agreement includes several legal citations that were
included in the Senate bill but not in the House bill.
Pension and Welfare Benefits Administration
Salaries and Expenses
The conference agreement includes $77,083,000, instead of
$71,783,000 as proposed by the Senate in H.R. 3755 as reported
from Committee and $66,083,000 as proposed by the House in H.R.
3755, deletes a House earmark of $300,000 for genetic non-
discrimination enforcement activities and provides that
$6,000,000 shall remain available through September 30, 1998
for revising the processing of employee benefit plan returns.
pension benefit guaranty corporation
The conference agreement includes a limitation on
administrative expenses of the Corporation of $10,345,000 and
inserts language classifying certain other expenses of the
Corporation as non-administrative as proposed by the Senate in
H.R. 3755 as reported from Committee. The House in H.R. 3755
included a limitation on administrative expenses of
$135,720,000 and did not classify any other expenses as non-
administrative.
To ensure an appropriate degree of congressional
oversight, the Labor Department and the PBGC shall notify the
Appropriations Committees prior to application to the Office of
Management and Budget for any additional funding beyond what is
contemplated by this conference agreement. Such notification
will provide, in writing, the amount, reason for and necessity
for the PBGC request.
The conferees are concerned that a large portion of the
PBGC's administrative costs are non-limitation funds not
subject to the regular appropriations process. The conferees
expect the Corporation to review its budget structure and be
prepared to discuss at next year's appropriations hearings
possible alternative structures that maintain the flexibility
needed to protect the interests of pension plan participants
while assuring appropriate congressional oversight.
Employment Standards Administration
Salaries and Expenses
The conference agreement includes $291,405,000, instead
of $264,405,000 as proposed by the House in H.R. 3755 and
$263,155,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The conferees understand that the Department of
Labor is nearing completion of its evaluation to develop viable
options to realize needed improvements in the Davis-Bacon wage
determination system. The amount of $3,750,000 will be used to
test and implement process improvements either through the use
of alternative wage data sources or, if not feasible or cost-
effective, by improving the capacity of the existing wage
survey system to promote participation and data reliability,
primarily through investment in technology. The conferees
expect the General Accounting Office to review the Department's
implementation activities to determine whether these efforts
will achieve the goal of improving the timeliness, accuracy and
reliability of Davis-Bacon wage determinations. The General
Accounting Office shall report its findings to the
Appropriations Committees after it has made its review.
The conferees agree with the directive in the Senate
Report with respect to black lung field offices.
Occupatonal Safety and Health Administration
Salaries and Expenses
The conference agreement includes $325,734,000, instead
of $297,734,000 as proposed by the House in H.R. 3755 and
$299,134,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The agreement includes language as proposed by
the Senate that authorizes OSHA to collect and retain fees for
services provided to nationally recognized testing laboratories
and to use such sums to administer laboratory recognition
programs that ensure the safety of equipment and products used
in the workplace. The House bill had no similar provision.
The conferees are concerned about the enforcement of
State occupational safety and health standards by States
operating OSHA-approved State plans, particularly where such
standards differ significantly from Federal standards and may
impose an undue burden on interstate commerce. The conferees
believe that California's enforcement of its hazard
communication standard, which incorporates portions of
proposition 65, may impose such a burden. OSHA is directed to
expedite its review and approval, or rejection, of California's
hazard communication/proposition 65 standard, and to provide a
report to the Appropriations Committees on this matter, by no
later than January 1, 1997.
Mine Safety and Health Administration
salaries and expenses
The conference agreement includes $197,810,000, instead
of $191,810,000 as proposed by the House in H.R. 3755 and
$195,724,000 as proposed by the Senate in H.R. 3755 as reported
from Committee.
Bureau of Labor Statistics
salaries and expenses
The conference agreement includes $361,700,000, instead
of $354,700,000 as proposed by the House in H.R. 3755 and
$351,330,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. This includes $309,647,000 in Federal funds,
instead of $302,647,000 as proposed by the House and
$299,665,000 as proposed by the Senate, and $52,053,000 from
the Unemployment Trust Fund as proposed by the House instead of
$51,665,000 as proposed by the Senate.
Departmental Management
salaries and expenses
The conference agreement includes $144,508,000, instead
of $142,508,000 as proposed by the Senate in H.R. 3755 as
reported from Committee and $137,801,000 as proposed by the
House in H.R. 3755. The conferees agree with the allocation of
funds in the Senate Report with respect to international child
labor issues.
The agreement includes language as proposed by the Senate
to require that any decision under the Longshore and Harbor
Workers' Compensation Act that has been pending before the
Benefits Review Board for more than 12 months shall be
considered affirmed by the Board and shall be considered the
final order of the Board. The House bill had no similar
provision. With respect to the Inspector General of the
Department, the conferees endorse the language in the House
Report concerning quarterly reporting on actual savings
resulting from his efforts and on ``funds put to better use''.
Assistant Secretary for Veterans Employment and Training
The conference agreement includes $181,949,000 as
proposed by the House in H.R. 3755 instead of $174,225,000 as
proposed by the Senate in H.R. 3755 as reported from Committee.
GENERAL PROVISIONS
The conference agreement includes a general provision
proposed by the House in H.R. 3755 modified to provide that
effective January 1, 1997 no Department of Labor funds shall be
disbursed without the approval of the Department's Chief
Financial Officer or his delegatee. The Senate bill had no
similar provision.
The conference agreement does not include House language
in H.R. 3755 that would have permitted employees who are 16 and
17 years of age to load materials into a cardboard baler or a
compactor that is in compliance with the current safety
standard promulgated by the American National Standards
Institute. This matter has now been resolved in Public Law 104-
174 which was signed by the President on August 6, 1996. The
Senate bill had no similar provision.
The conference agreement does not include House language
in H.R. 3755 that would have prohibited the enforcement of
Hazardous Occupation Order No. 2 with respect to incidental and
occasional driving by minors on the job, unless the Secretary
finds that the operation of a motor vehicle is the primary duty
of the minor's employment. The Senate bill had no similar
provision.
The conference agreement does not include a general
provision proposed by the Senate in H.R. 3755 as reported from
Committee to exempt certain work performed by prison inmates
from minimum wage and overtime requirements of the Fair Labor
Standards Act under certain circumstances. This would have been
a permanent change in the law. The House bill had no similar
provision. The conferees believe that the provision is not
necessary. The courts have uniformly held that a prisoner who
is required to perform labor which serves the prison
institution is not an employee of the prison or of the State
and is not entitled to the minimum wage.
The conference agreement includes a general provision to
allow the Secretary of Labor to waive various sections of the
Job Training Partnership Act to improve intergovernmental
service delivery systems. This would involve a State that has
executed a memorandum of understanding with several Federal
agencies, including the Department of Labor. The waivers of
JTPA provisions would involve such things as definitions,
planning and procurement requirements, cost categories and cost
limitations, and program design requirements. This provision
was not included in either the House or the Senate version of
H.R. 3755 but is the same as a proviso in the fiscal year 1996
appropriations act.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
Health Resources and Services
The conference agreement includes $3,405,019,000 instead
of $3,082,190,000 as proposed by the House in H.R. 3755 and
$3,213,096,000 as proposed by the Senate in H.R. 3755 as
reported from Committee.
The conference agreement does not include the legal
citation for the Pacific Basin program as proposed by the
Senate. The House bill did not include the citation. The
conferees have agreed to terminate the Pacific Basin program
but encourage consideration of the region's needs in other
Health Resources and Services Administration (HRSA) programs,
as appropriate.
The conference agreement includes the legal citation for
the Native Hawaiian Health Care program as proposed by the
Senate. The House bill did not include the citation. The
conferees have increased funding for the consolidated health
centers line in part so that health care activities funding
under the Native Hawaiian Health Care program can be supported
under the broader health centers line if the agency feels it is
appropriate.
The conference agreement includes $828,000 for facilities
renovations at the Gillis W. Long Hansen's Disease Center as
proposed by the Senate rather than $2,828,000 as proposed by
the House.
The conference agreement includes $198,452,000 for the
family planning program as proposed by the Senate rather than
$192,592,000 as proposed by the House.
The conference agreement earmarks $167,000,000 for the
Ryan White Title II State AIDS drug assistance programs rather
than $117,000,000 as proposed by the Senate and $75,000,000 as
proposed by the House. Total funding for the Ryan White
programs has been increased by $238,850,000 from the fiscal
year 1996 level to a total of $996,252,000. Funding increases
are included for all Ryan White titles in recognition of the
costs of drug purchases, particularly the new protease
inhibitors, viral load testing, caseload increases and AZT
therapy for pregnant women.
The conferees are aware that the new HIV drug combination
therapies have not yet been approved for pregnant women and
children, and that adolescents are experiencing problems in
accessing these therapies. The conferees encourage the
Secretary and the pharmaceutical industry to expedite clinical
trials for pregnant women and children with HIV/AIDS, and to
report to the Committees on these efforts by December 31, 1996,
including providing access to the new drugs for adolescents.
The conferees expect that all States receiving AIDS drug
assistance funding will employ cost-saving strategies to
maximize assistance to HIV patients. HRSA should assure that
each State seeks the best possible price for AIDS drug
purchases. Such strategies might include one or more of the
following: the Veterans' Health Care Act Office of Drug Pricing
Program, manufacturers' voluntary rebates and discounts to
States, and pharmacy discounts.
The conference agreement includes language proposed by
the Senate permitting the use of funds provided to continue
operating the Council on Graduate Medical Education. The House
bill had no similar provision.
The conference agreement includes language proposed by
the Senate allocating up to $8,000,000 of the funds provided
for consolidated health centers for loan guarantees for the
construction and renovation of community and migrant health
centers and, if authorized, for loans made for the costs of
developing managed care networks. The House bill had no similar
provision.
The conference agreement includes language designating
$103,609,000 of the funds provided for the Maternal and Child
Health block grant for special projects of regional and
national significance (SPRANS). This designation will provide
$2,857,000 more for SPRANS activities than would otherwise be
the case under the statutory formula. The conferees intend that
this amount be used for the traumatic brain injury State
demonstration projects recently authorized under title XII of
the Public Health Service Act. This provision was not included
in either House or Senate bill. The Senate bill had provided
separate funding of $3,000,000 for the demonstrations.
The conferees intend that the agency may use up to
$3,000,000 of the funding provided for the National Health
Service Corps for State offices of rural health.
The conferees encourage HRSA to sustain its commitment to
historically minority health professions institutions in the
centers of excellence and health careers opportunity programs.
The conferees are aware of a pending proposal to alter
current methods of allocating human livers for transplantation
by the United Network for Organ Sharing (UNOS), a private non-
profit organization under contract with HRSA to manage the
organ procurement and transplantation network. The conferees
understand that establishing equitable policies in the area of
organ allocation is very complex. The conferees expect UNOS to
give consideration to a number of factors. These include but
are not necessarily limited to the following: regional success
in increasing organ donation; the severity of illness of the
patients; the impact on access to transplants for low-income
patients because of transportation costs; and increasing the
total number of life-years of recipients. The conferees expect
UNOS to provide extensive opportunities for public comment
before its board considers this issue and not to take action
until Congress can be assured that any change in policy
addresses the priorities described above.
The conferees are aware of a rural telemedicine network
being developed within the New England and Mid-Atlantic regions
by a health informatics initiative and believe that it warrants
full consideration for rural health outreach support.
The conferees concur with the language in the Senate
report stating that the Alzheimer's demonstrations should
remain in HRSA rather than be transferred to the Administration
on Aging.
The conference agreement includes $13,000,000 for health
care facilities grants described in the Senate report, of which
$4,000,000 is designated for the second phase of the women's
outreach project, $4,000,000 is designated for the elder care
center, $4,000,000 is designated for the regional pediatric
care, research and teaching center in Portland, Oregon, and
$1,000,000 is designated for new construction and
rehabilitation of rural community health centers in the
Midwest.
Centers for Disease Control and Prevention
disease control, research, and training
The conference agreement includes $2,262,698,000 instead
of $2,153,376,000 as proposed by the House in H.R. 3755 and
$2,168,948,000 as proposed by the Senate in H.R. 3755 as
reported from Committee.
The conference agreement includes $30,553,000 for Centers
for Disease Control and Prevention (CDC) buildings and
facilities instead of $7,553,000 as proposed by the Senate and
$8,353,000 as proposed by the House. This total includes
$23,000,000 requested by the Administration as part of its
anti-terrorism budget amendment to enhance security at CDC's
headquarters and to better protect laboratories containing
dangerous infectious agents against possible attacks.
Consistent with the Administration request, the $23,000,000 for
anti-terrorism activities has been designated in the bill as an
emergency expenditure.
The conference agreement includes legal citations for
mine safety and health activities and the refugee medical
screening program as proposed by the Senate. The House bill did
not contain these citations.
The conference agreement modifies language proposed by
the Senate to earmark $32,000,000 for mine safety and health
activities and make those funds available until September 30,
1998. Senate language had made the funds available until
expended; the House bill had no similar provision.
The conference agreement designates $48,400,000 to be
available to the National Center for Health Statistics under
the Public Health Service one percent evaluation setaside as
proposed by the House instead of $53,063,000 as proposed by the
Senate.
The conference agreement includes language proposed by
the Senate which provides authority to transfer funds available
from the sale of surplus vaccine from the vaccine stockpile to
other activities within the jurisdiction of CDC. The House bill
had no similar provision.
The conference agreement includes language proposed by
the Senate which transfers authority for the mine safety and
health functions previously funded in the Department of the
Interior appropriations bill to the Secretary of Health and
Human Services. The House bill had no similar provision.
The conference agreement includes an additional
$41,000,000 for violence against women programs financed from
the Violent Crime Reduction Trust Fund as proposed by the
Senate instead of $33,642,000 as proposed by the House.
The conference agreement includes sufficient funds to
support the chronic and environmental disease prevention
program priorities identified for increased funding in both the
House and Senate reports. The conferees intend that combined
urban and rural projects in the mild mental retardation program
be supported.
The conferees are pleased with the recent initiative by
CDC to convene a panel of experts on chronic fatigue and immune
dysfunction syndrome (CFIDS) for the purpose of examining CDC's
current CFIDS program and directions for future research. The
conferees urge CDC to consider implementing the review panel's
recommendations, particularly in the areas of brain tissue
repositories and etiology studies.
The conferees concur in the recommendation of the Senate
report that CDC initiate a trans-department public education
campaign to foster more effective communication between
consumers and physicians on H. pylori and its link to ulcer
disease. The conferees expect this effort to include a
collaboration between the public and private sectors, including
the pharmaceutical industry. The conferees request a report
within 120 days regarding CDC's plans to conduct such an effort
and the appropriate design of the campaign.
The conference agreement includes $43,198,000 for injury
control activities, which is $2,600,000 above the amount
provided by both the House and Senate. The conferees intend
that the $2,600,000 be used to initiate traumatic brain injury
education and prevention research activities recently
authorized under title III of the Public Health Service Act.
The Senate bill had provided separate funding of $3,000,000 for
these activities.
The conferees have included $5,000,000 for the National
Institute for Occupational Safety and Health to implement a
national plan for childhood agricultural injury prevention
initiatives, including research, public education, professional
training, community and family services, and policy
enforcement.
The conference agreement includes $2,400,000 within the
epidemic services program to directly support the costs of the
refugee medical screening program rather than as a
reimbursement from the Office of Refugee Resettlement.
The conferees concur with the House report language
regarding risk assessment within the epidemic services program.
National Institutes of Health
national cancer institute
The conference agreement includes $2,382,532,000 instead
of $2,385,741,000 as proposed by the House in H.R. 3755 and
$2,102,949,000 as proposed by the Senate in H.R. 3755 as
reported from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
The conferees concur in the Senate report language
identifying funding for the National Action Plan on Breast
Cancer at the fiscal year 1996 level, which the conferees
understand is $14,750,000. The conferees understand that these
funds will be coordinated by the Office of Women's Health
within the Office of the Secretary.
national heart, lung and blood institute
The conference agreement includes $1,433,001,000 instead
of $1,438,265,000 as proposed by the House in H.R. 3755 and
$1,344,742,000 as proposed by the Senate in H.R. 3755 as
reported from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
national institute of dental research
The conference agreement includes $195,997,000 instead of
$195,596,000 as proposed by the House in H.R. 3755 and
$177,701,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
national institute of diabetes and digestive and kidney diseases
The conference agreement includes $815,982,000 instead of
$819,224,000 as proposed by the House in H.R. 3755 and
$787,473,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
national institute of neurological disorders and stroke
The conference agreement includes $726,746,000 instead of
$725,478,000 as proposed by the House in H.R. 3755 and
$683,721,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
It has been brought to the conferees' attention that the
promise of gamma knife stereotactic radiosurgery warrants
further research. The conferees urge the Institute to enhance
its support of investigations to evaluate the radiobiological
response and clinical outcomes associated with gamma knife
therapy, and to identify techniques or agents that enhance
outcomes or reduce risks. Associated research efforts may
investigate drugs or agents that provide target sensitization
of the surrounding tissue, tumor radiobiology, and animal model
development.
national institute of allergy and infectious diseases
The conference agreement includes $1,257,234,000 instead
of $1,256,149,000 as proposed by the House in H.R. 3755 and
$595,016,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
national institute of general medical sciences
The conference agreement includes $998,470,000 instead of
$1,003,722,000 as proposed by the House in H.R. 3755 and
$953,214,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
national institute of child health and human development
The conference agreement includes $631,703,000 instead of
$631,989,000 as proposed by the House in H.R. 3755 and
$554,251,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
The conferees encourage the Institute to conduct research
in the area of nutrition and children's developmental health,
including such areas as nutrition's impact on children's organ
systems, brain function, and immunology.
national eye institute
The conference agreement includes $332,735,000 instead of
$333,131,000 as proposed by the House in H.R. 3755 and
$315,948,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
national institute of environmental health sciences
The conference agreement includes $308,819,000 instead of
$308,258,000 as proposed by the House in H.R. 3755 and
$294,745,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
national institute on aging
The conference agreement includes $486,047,000 instead of
$484,375,000 as proposed by the House in H.R. 3755 and
$470,256,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
The conferees concur with the Senate report language
regarding additional Alzheimer's disease research centers.
national institute of arthritis and musculoskeletal and skin diseases
The conference agreement includes $257,111,000 instead of
$257,637,000 as proposed by the House in H.R. 3755 and
$247,731,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
national institute on deafness and other communication disorders
The conference agreement includes $188,422,000 instead of
$189,243,000 as proposed by the House in H.R. 3755 and
$182,693,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
national institute of nursing research
The conference agreement includes $59,743,000 instead of
$59,715,000 as proposed by the House in H.R. 3755 and
$52,936,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
national institute of alcohol abuse and alcoholism
The conference agreement includes $212,004,000 instead of
$212,079,000 as proposed by the House in H.R. 3755 and
$195,891,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
national institute on drug abuse
The conference agreement includes $489,375,000 instead of
$487,341,000 as proposed by the House in H.R. 3755 and
$317,936,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
The conferees concur with Senate report language
regarding the promise magnetic imaging may hold for
understanding and treating drug abuse and mental illness and
are supportive of extramural clinical research in this area.
national institute of mental health
The conference agreement includes $701,585,000 instead of
$701,247,000 as proposed by the House in H.R. 3755 and
$589,187,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
national center for research resources
The conference agreement includes $415,145,000 instead of
$416,523,000 as proposed by the House in H.R. 3755 and
$324,844,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provides a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
The agreement also designates $20,000,000 for the
construction and renovation of extramural facilities instead of
$37,000,000 as proposed by the House and $10,000,000 as
proposed by the Senate. These funds are to be competitively
awarded. Of the $20,000,000 provided for extramural facility
construction, the conferees intend that $2,500,000 be reserved
for construction and renovation projects as qualified regional
primate centers. The conferees also concur with Senate report
language highlighting the importance of facilities needs in the
area of genetic research.
The conferees concur with the Senate report language
regarding funding for the IDeA program and general clinical
research centers, as well as with the language in both House
and Senate reports regarding support of the National High
Magnetic Field Laboratory.
The conferees encourage the National Center for Research
Resources and the other NIH Institutes and centers to assist in
enhancing and strengthening the Research Infrastructure in
Minority Institutions (RIMI), to help make the program
available to qualified institutions.
national center for human genome research
The conference agreement includes $189,657,000 instead of
$189,267,000 as proposed by the House in H.R. 3755 and
$180,807,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
john e. fogarty international center
The conference agreement includes $26,586,000 instead of
$26,707,000 as proposed by the House in H.R. 3755 and
$16,838,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
national library of medicine
The conference agreement includes $151,103,000 instead of
$150,093,000 as proposed by the House in H.R. 3755 and
$142,070,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
The conferees are aware of efforts to improve the quality
of health care training and delivery in Haiti. Through a
successful collaboration with a regionally based medical
school, Haiti's efforts to improve its health care delivery
system are being realized. The conferees encourage the National
Library of Medicine to give consideration to supporting this
collaborative effort.
office of the director
(including transfer of funds)
The conference agreement includes $287,206,000 instead of
$275,423,000 as proposed by the House in H.R. 3755 and
$243,319,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The Senate bill provided a separate
appropriation for AIDS research, a portion of which would be
transferred to this account.
The conference agreement includes an earmark of
$35,589,000 of the total provided for the operations of the
Office of AIDS Research. This designation was not included in
either House or Senate bill.
The conference agreement includes language proposed by
the Senate identifying up to $200,000 for the National
Foundation for Biomedical Research as authorized by section 499
of the Public Health Service Act. The House bill had no similar
provision.
The conferees concur with Senate report language
regarding funding levels for a pediatric and a
neurodegenerative diseases research initiative, the Office of
Rare Disease Research, and an Institute of Medicine review of
the status of research into cancer among minorities and the
medically underserved. The conferees intend that the Office of
Alternative Medicine be funded at a level fifty percent higher
than that described in the Senate report.
The conferees concur with House report language regarding
the definition of administrative costs and the restriction of
fiscal year 1997 administrative costs to the fiscal year 1996
level.
The conferees encourage the Office of Research on Women's
Health to support research in the fields of cardiovascular and
metabolic disease affecting minority women and the relationship
of immune function and sex hormones in women throughout the
life cycle.
The conferees urge the Office of Research on Minority
Health to establish a standing advisory committee to guide and
advise the Office in its continuing efforts to improve the
health of minorities and to address disparities through
supporting research and increasing the diversity of the
research workforce. The conferees expect a report to the
Committees on progress in this area by March 31, 1997.
The conferees note the importance of publicizing new and
developing health advances researched by NIH, and encourage NIH
to contribute to the production of a national television
program focusing on biomedical research and public health
issues.
buildings and facilities
The conference agreement includes $200,000,000 as
proposed by the House in H.R. 3755 instead of $180,000,000 as
proposed by the Senate in H.R. 3755 as reported from Committee.
The agreement also designates $90,000,000 for construction of
the NIH clinical center as proposed by the House instead of
$70,000,000 as proposed by the Senate.
office of aids research
(including transfer of funds)
The conference agreement does not include a separate
appropriation of $1,460,312,000 for the Office of AIDS Research
(OAR) as proposed by the Senate. Instead, funding for AIDS
research is included within the appropriation for each
Institute, center and division as proposed by the House. The
conference agreement also includes a general provision not
included in either the House or Senate bill which directs that
the funding for AIDS research as determined by the Directors of
the National Institutes of Health (NIH) and OAR be allocated
directly to the OAR for distribution to the Institutes
consistent with the AIDS research plan.
The Directors of NIH and the OAR have indicated that
within the total provided in the conference agreement for NIH,
they expect to allocate $1,501,720,000 for AIDS research. The
conferees understand that this total may be modified depending
on changing scientific opportunities and the recommendations of
various advisory bodies. The conference agreement includes a
general provision permitting the Directors of NIH and the OAR
to shift up to three percent of AIDS research funding between
Institutes and centers throughout the year if needs change or
unanticipated opportunities arise.
The conference agreement provides an earmark of
$35,589,000 for the operations of the OAR within the Office of
the Director appropriation.
Substance Abuse and Mental Health Services Administration
Substance Abuse and Mental Health Services
The conference agreement provides $2,134,743,000 for the
Substance Abuse and Mental Health Services Administration
(SAMHSA) instead of $1,849,235,000 as proposed by the House in
H.R. 3755 and $1,873,943,000 as proposed by the Senate in H.R.
3755 as reported from Committee. Within this total, the
conference agreement makes available $58,032,000 for the mental
health knowledge development and application (KDA) program,
$69,927,000 for the children's mental health program,
$1,310,107,000 for the substance abuse performance partnership,
$156,000,000 for the substance abuse treatment KDA program, and
$168,800,000 for the substance abuse prevention KDA program.
The agreement includes a provision proposed by the Senate
in H.R. 3755 as reported from Committee to require that of the
amount provided for SAMHSA, at least $5,000,000 be expended for
projects serving rural and Native American populations. No
similar provision was included in H.R. 3755 as passed by the
House.
The conferees agree that SAMHSA should comply with the
directives in the House and Senate reports accompanying H.R.
3755. The conferees have provided $1,500,000 for child care
wrap around services for a continuing grantee under the
Pregnant and Postpartum Women and Children program. The
conferees expect these funds to be awarded as a competitive
supplement.
The conferees have included sufficient funds for
university-based evaluations of public and private
collaborations which provide year-round, school-based, early
prevention and transition programs, which include middle school
transition programs.
The conferees have provided sufficient funds to continue
existing programs serving rural communities in Hawaii.
The conference agreement includes a provision not
included in H.R. 3755 as passed by the House or H.R. 3755 as
reported from the Senate Committee to provide $12,800,000
within the substance abuse KDA to continue community schools
grants initiated in fiscal year 1995 and to initiate projects
referenced in the Senate report accompanying H.R. 3755.
Agency for Health Care Policy and Research
health care policy and research
The conference agreement includes $96,175,000 instead of
$90,469,000 as proposed by the House in H.R. 3755 and
$83,463,000 as proposed by the Senate in H.R. 3755 as reported
from Committee.
The conference agreement designates $47,412,000 to be
available to the Agency for Health Care Policy Research (AHCPR)
under the Public Health Service one percent evaluation set-
aside instead of $34,700,000 as proposed by the House and
$60,124,000 as proposed by the Senate.
The conferees are aware of a proposal being developed to
introduce and expand state-of-the-art medical information
services among community health centers in the mid-Atlantic
region, and urge its full consideration.
The conferees encourage AHCPR to examine the impact of
changing referral patterns among primary care and specialist
physicians on clinical outcomes and costs. In particular, the
agency is urged to conduct research on potential cost-savings
derived from direct access by patients to specialists such as
cardiologists.
Health Care Financing Administration
program management
The conference agreement makes available $1,735,125,000
instead of $1,733,125,000 as proposed by the House in H.R. 3755
and $1,729,584,000 as proposed by the Senate in H.R. 3755 as
reported from Committee. An additional appropriation of
$440,000,000 was provided for this activity in the Health
Insurance Portability and Accountability Act of 1996.
The conferees strongly encourage the Health Care
Financing Administration (HCFA) to follow the guidance in the
Senate report pertaining to a demonstration to train retirees
as educators in the detection of Medicare fraud; a
comprehensive health care information managed care system; a
project to explore new approaches to meeting the needs of
vulnerable populations in an urban low-income setting; health
advisory services programs; and the use of commercially
available software to detect Medicare billing abuse.
While supportive of allocating resources to the
development of the Medicare Transaction System, the conferees
expect HCFA to provide adequate funding for the current claims
processing functions of the Medicare contracts.
The conferees understand that because of delays in
completing Part B enrollment and Medicare payment status
changes from secondary to primary payer that filing limits
cannot be met for some Medicare claims. The conferees encourage
HCFA to authorize Medicare contractors to grant extensions of
current timely filing limits in those situations where
enrollment and payment status changes have not been completed.
The conferees understand that there are currently two
forms of calcitriol available for the management of
hypocalcemia and the resultant metabolic bone disease in
patients undergoing chronic renal dialysis. The conferees
encourage HCFA to conduct a demonstration project to evaluate
the cost-effectiveness of reimbursing the oral form of
calcitriol versus the intravenous formulation for which HCFA
currently reimburses.
The conferees encourage HCFA to conduct a demonstration
program that will evaluate the best approaches for a community
health center to provide services through a health care
network. The conferees understand that such networks have been
established in Missouri.
Administration for Children and Families
family support payments to states
The conference agreement provides such sums as may be
necessary for welfare payments, instead of $13,301,000,000 for
family support payments to States as proposed by the House in
H.R. 3755 and the Senate in H.R. 3755 as reported from
Committee. In addition, the conference agreement provides
$2,158,000,000 to remain available until expended and
$607,000,000 for the first quarter of fiscal year 1998 for
child support enforcement and related activities, instead of
$4,700,000,000 for the first quarter of fiscal year 1998 as
proposed by the House in H.R. 3755.
The conference agreement includes a provision making
available such sums as may be necessary for welfare payments
only for activities authorized prior to the effective date of
P.L. 104-193 in each State.
low income home energy assistance
The conference agreement provides $1,000,000,000 for
fiscal year 1997 as proposed by the Senate in H.R. 3755 as
reported from Committee, instead of $900,000,000 as proposed by
the House in H.R. 3755. In addition, the conference agreement
provides $1,000,000,000 for fiscal year 1998 as proposed by the
Senate in H.R. 3755 as reported from Committee. H.R. 3755 as
passed by the House did not provide funding for fiscal year
1998.
The conferees intend that up to $25,000,000 of the
amounts appropriated for LIHEAP for fiscal year 1997 be used
for the leveraging incentive fund, which will provide a
percentage match to States for private or non-Federal public
resources allocated to low-income energy benefits. Of the
fiscal year 1998 advance appropriation, up to $25,000,000 is
also for the leveraging fund.
refugee and entrant assistance
The conference agreement provides $412,076,000 as
proposed by the House in H.R. 3755, instead of $385,609,000 as
proposed by the Senate in H.R. 3755 as reported from Committee.
The conferees agree that within the amount provided for
social services, $19,000,000 is available for assistance to
serve communities affected by the Cuban and Haitian entrants
and refugees whose arrivals in recent years have increased. The
conferees have set aside $11,079,000 for increased support to
communities with large concentrations of refugees whose
cultural differences make assimilation especially difficult
justifying a more intense level and longer duration of Federal
assistance.
child care and development block grant
The conference agreement includes $956,120,000 as
proposed by the Senate in H.R. 3755 as reported from Committee
instead of $950,000,000 as proposed by the House in H.R. 3755.
The agreement provides that $937,000,000 of the total is an
advance appropriation for FY 1998 as proposed by the Senate
instead of a current year appropriation that would be obligated
late in the fiscal year as proposed by the House. In addition,
$19,120,000 of the total will become available on October 1,
1996 for child care resource and referral and school-age child
care activities, of which $6,120,000 will be derived by
transfer from funds appropriated in the Personal Responsibility
Reconciliation and Work Opportunity Act of 1996, as proposed by
the Senate, instead of $13,000,000 to become available on
October 1, 1996 as proposed by the House.
social services block grant
The conference agreement provides $2,500,000,000, instead
of $2,480,000,000 as proposed by the House in H.R. 3755 and
$2,240,000,000 as proposed by the Senate in H.R. 3755 as
reported from Committee. The agreement supersedes P.L. 104-193,
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996, which provides $2,380,000,000 for the social
services block grant in fiscal year 1997.
children and families services programs
(including rescissions)
The conference agreement includes $5,383,569,000, instead
of $4,883,793,000 as proposed by the House in H.R. 3755 and
$4,888,434,000 as proposed by the Senate in H.R. 3755 as
reported from Committee. In addition, the agreement includes
rescissions of prior appropriations of $27,000,000 as proposed
by the Senate. The House bill included no rescissions. The
agreement includes $3,981,000,000 for the Head Start program
and $489,600,000 for the Community Services Block Grant.
Within the social services and income maintenance
research activity, the conferees are in agreement with the
Senate Report concerning the use of funds for the completion of
current family support center grants. The conference agreement
also includes sufficient funding within this activity to carry
out activities authorized by section 413(h)(3) of the Social
Security Act involving demonstrations of innovative strategies
which would include funding for successful programs that move
people from welfare to work. The Secretary is urged to provide
funding that is fully adequate to carry out this section.
The conferees expect the Department to contribute, from
resources provided for social services research, to the
Residential Energy Consumption Survey and the Census Bureau
March current population survey to assure that the low-income
household component is included in the survey.
The conferees concur in the Senate Report language
concerning the job creation demonstration authorized under
section 505 of the Family Support Act of 1988 and the language
concerning the Alaska Federation of Natives.
The agreement includes language as proposed by the Senate
requiring the Secretary to use up to one percent of CSBG funds
in FY 1997 to correct allocation errors that occurred in FY
1995 and FY 1996 to ensure that the minimum allotment to each
State for each of those years would be $2,222,460. The House
bill had no similar provision.
The agreement includes language as proposed by the Senate
requiring that no more than one-half of one percent of CSBG
funds shall be used to carry out section 674(a) of the
Community Services Block Grant Act. This section deals with
training and technical assistance, evaluation and data
collection. The House bill had no similar provision.
The agreement inserts several legal citations proposed by
the Senate modified to cite the Social Security Act instead of
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996, deletes a citation for the community schools
program under the Crime Trust Fund proposed by the Senate and
deletes the earmarking for individual programs within the Crime
Trust Fund proposed by the Senate.
Administration on Aging
aging services programs
The conference agreement includes $830,168,000 as
proposed by the Senate in H.R. 3755 as reported from Committee
instead of $810,545,000 as proposed by the House in H.R. 3755.
The agreement includes a legislative provision as
proposed by the Senate that would prevent any State from having
its administrative costs under title III of the Older Americans
Act reduced by more than five percent below the FY 1995 level.
The House had no similar provision.
The agreement includes a legislative provision as
proposed by the Senate that requires the Assistant Secretary
for Aging when considering grant applications for nutrition
services for elder Indian recipients to provide maximum
flexibility to applicants who seek to take into account certain
factors that are appropriate to the unique cultural, regional
and geographic needs of the American Indian, Alaskan and
Hawaiian native communities to be served. The House had no
similar provision.
Office of the Secretary
general departmental management
The conference agreement includes $174,523,000, instead
of $148,999,000 as proposed by the House in H.R. 3755 and
$153,837,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The agreement includes language proposed by the
House and stricken by the Senate that earmarks $11,500,000
under title XVII of the Public Health Service Act for
extramural construction. In addition, the agreement includes
language proposed by the Senate to earmark funds for prevention
services demonstrations and abstinence education grants under
the adolescent family life program modified to change the
dollar amounts. The House bill had no similar provision. The
agreement designates $5,775,000 of the total amount as an
emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act. These funds are provided for
anti-terrorism purposes.
The conference agreement includes $11,500,000 for
extramural construction grants in the Office of Minority Health
as proposed by the House, including $7,500,000 for the
Morehouse School of Medicine, $2,500,000 for Spelman College
and $1,500,000 for the University of Arkansas at Pine Bluff, an
historically black institution, for the purpose of upgrading
health-related facilities and equipment.
The conferees concur with the Senate Report language
identifying $500,000 for an asthma attack avoidance program.
Sufficient funds have been included by the conferees for
the continuation of the existing human services transportation
technical assistance program at the fiscal year 1996 funding
level.
Within the amount recommended for the Office of Minority
Health, the conferees have included funds for a community-based
program to increase the number of disadvantaged, inner-city
individuals in the health and allied health sciences.
The conferees agree that $14,750,000 shall be used to
fund the National Action Plan on Breast Cancer. Sufficient
funds have been provided within the NCI for this expenditure.
The conferees further agree that this plan shall be coordinated
by the PHS Office on Women's Health and shall be used for
implementation of the plan's activities and other cross-cutting
Federal and private sector initiatives on breast cancer.
The conferees concur with the Senate report directing
that the Adolescent Family Life program be transferred from the
Office of Population Affairs to the Office of the Administrator
of the Health Resources and Services Administration.
Office of Inspector General
The conference agreement includes $32,999,000, instead of
$29,399,000 as proposed by the House in H.R. 3755 and
$29,399,000 as proposed by the Senate in H.R. 3755 as reported
from Committee.
The conferees endorse the language in the House Report
concerning quarterly reporting on actual savings resulting from
the Inspector General's efforts and on ``funds put to better
use''.
The conferees direct the HHS Inspector General to perform
all of the necessary audit and investigative work with respect
to the Medicare contract of the Railroad Retirement Board. In
the past, this work has been done by the Board's Inspector
General. This conference agreement prohibits the Board's IG
from doing the work in fiscal year 1997. The conferees believe
that it makes sense for the HHS IG to perform this Medicare
work, particularly in light of the significant funding increase
that it received for Medicare work in the Health Insurance
Portability and Accountability Act of 1996.
Office for Civil Rights
The conference agreement includes $19,530,000, instead of
$19,380,000 as proposed by the House in H.R. 3755 and
$19,680,000 as proposed by the Senate in H.R. 3755 as reported
from Committee.
Policy Research
The conference agreement includes $18,500,000 instead of
$9,000,000 as proposed by both the House in H.R. 3755 and by
the Senate in H.R. 3755 as reported from Committee. The
conference agreement includes $9,500,000 to be available for a
period of two years for the General Accounting Office to
contract for a study of the effects of medical savings accounts
in the small group market on selection, health costs, use of
preventive care and other variables. This study was mandated in
the Health Insurance Portability and Accountability Act of
1996. Depending upon the progress of the study, the conferees
will consider additional funding requirements in fiscal year
1998.
GENERAL PROVISIONS
The conference agreement includes a provision in the
House bill that was deleted in the Senate bill providing
authority to the Directors of the National Institutes of Health
and the Office of AIDS Research to transfer up to three percent
of funds they designate for AIDS research between Institutes
and centers. This transfer authority can be used throughout the
fiscal year.
The conference agreement deletes a provision included in
the House bill but deleted in the Senate bill that would permit
NIH funding of Small Business Innovation Research (SBIR) grants
only to the extent that the median priority score for the pool
of SBIR grants was equal to or better than the median score for
regular research (RO-1) grants.
The conferees understand that the Director of NIH has
taken a series of specific program management steps to improve
the quality of research applications supported by the SBIR
program. These efforts will ensure that Institutes and centers
across the NIH will have a broader range of high quality SBIR
applications available to fund, generally those in the upper
half of the priority score range, and will result in a leveling
out of inconsistencies in the quality of SBIR grants which have
occurred in the past. In addition, the conferees understand
that NIH is expanding a streamlined application process for the
SBIR program which NIH hopes will attract a wider talent pool
of applications. Because the conferees support the SBIR program
and its contributions, they encourage NIH to convene a
conference to discuss further improvements that could be made
to address the quality concerns raised by some in the
biomedical community. This conference should include a broad
range of representatives, including the biotechnology and small
business communities and the research societies as well as
other Federal agencies which support SBIR grants.
The conference agreement includes a general provision not
included in either the House or Senate bill which directs that
the funding for AIDS research as determined by the Directors of
the National Institutes of Health and the Office of AIDS
Research (OAR) be allocated directly to the OAR for
distribution to the Institutes consistent with the AIDS
research plan.
The conference agreement deletes a provision in the House
bill that was deleted in the Senate bill extending until
December 31, 2000 an expired moratorium on the designation of a
particular provider in the State of Michigan as an institution
for mental disease for the purpose of Medicaid payments.
The conference agreement deletes a provision included in
the House bill but deleted in the Senate bill transferring the
Gillis W. Long Hansen's disease facility in Carville, Louisiana
to the State of Louisiana. The conferees remain interested in
pursuing a transfer of the facility, but were unable to resolve
several issues in time to include an agreement in the fiscal
year 1997 bill.
The conference agreement deletes a provision that was
included in the House bill but deleted in the Senate bill
codifying current regulatory requirements pertaining to income
guidelines for clients receiving family planning services.
The conference agreement deletes a general provision
proposed by the House in H.R. 3755 that would reduce funds
available in the Department of Health and Human Services for
congressional and legislative affairs, public affairs and
intergovernmental affairs activities by $2,000,000. The Senate
bill had no similar provision. The agreement includes a
reduction of $2,000,000 for all agencies in the bill for these
activities in title V of the bill.
The conference agreement includes a provision in the
Senate bill directing the Secretary of the Department of Health
and Human Services to submit a report describing a method and
schedule for restoring Medicare coverage of lung volume
reduction surgery. The House bill had no similar provision.
The conference agreement includes a general provision as
proposed by the Senate in H.R. 3755 as reported from Committee
that would amend the Family Violence Prevention and Services
Act by raising the small State minimum allotment from $200,000
to $400,000. The House bill had no similar provision.
The conference agreement modifies a provision in the
Senate bill which would name the new National Institutes of
Health clinical research and patient care center for Senator
Mark O. Hatfield. The agreement deletes the reference in the
name to patient care. The House bill had no similar provision.
The conference agreement includes a general provision
that amends the welfare reform act to make a technical
correction in section 345 of that act with respect to the
Federal Parent Locator System. This provision was not included
in either the House or the Senate bills.
TITLE III--DEPARTMENT OF EDUCATION
education reform
The conference agreement includes $691,000,000 for
Education Reform, instead of the $175,000,000 included in the
House in H.R. 3755 and $535,000,000 as proposed by the Senate
in H.R. 3755 as reported from the Committee. Included in this
amount is $491,000,000 for the Goals 2000: Educate America Act
and $200,000,000 for School-to-Work programs. Total funding for
School-to-Work including portions funded in the Departments of
Labor and Education is $400,000,000.
education for the disadvantaged
The conference agreement includes $7,698,469,000 for
Education for the Disadvantaged, instead of the $7,225,130,000
included in the House in H.R. 3755 and $7,225,249,000 as
proposed by the Senate in H.R. 3755 as reported from the
Committee. Of the funds made available, $1,298,386,000 becomes
available on October 1, 1997 for the academic year 1997-98. It
is the intent of the conferees to work toward providing all
funding for title I for the 1998-99 school year through the
appropriation for fiscal year 1998. The conferees intend that
the Committee work to adjust the fiscal year 1998 602(b)
allocation such that title I can be returned to a normal
appropriation and obligation pattern.
The agreement includes $7,194,099,000 for Grants to State
and Local Education Agencies. Included in this account is
$6,191,350,000 for basic State grants and $999,249,000 for
concentration grants.
The conference agreement also includes $41,119,000 for
Capital Expenses for Private School Children, the same level as
reported by the Senate and $21,119,000 above the level provided
in the House version of H.R. 3755.
impact aid
The conference agreement provides $730,000,000, instead
of $728,000,000 as proposed by the House in H.R. 3755 and
$703,000,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. Within the total amount, the conference
agreement provides $615,500,000 for basic support payments,
$52,000,000 for payments to heavily impacted districts,
$40,000,000 for payments on behalf of children with
disabilities, $5,000,000 for construction, and $17,500,000 for
payments for Federal property (formerly section 2).
school improvement programs
The conference agreement includes $1,425,631,000 for
School Improvement Programs, instead of the $1,237,383,000
included in the House in H.R. 3755 and $1,318,631,000 as
proposed by the Senate in H.R. 3755 as reported from the
Committee. Included within this level are:
$310,000,000 for the Eisenhower Professional
Development program, $35,000,000 above the amount
provided in the Senate reported bill. The House
provided no funding for this program;
$310,000,000 for Innovative Education Program
Strategies, $296,517,000 below the amounts provided in
the House bill and $35,000,000 above the amounts
provided in the Senate reported bill.
$555,978,000 for Safe and Drug Free Schools and
Communities, $115,000,000 above the amounts provided in
the House bill. The amount provided by the conferees is
the same amount provided in the Senate reported bill.
The conferees have provided an additional $25,000,000
for the state grant portion of this account and have
provided no funds for national programs. This decision
was based on the view that the best use of federal
substance abuse prevention funds is in the classroom.
There are a broad range of other sources of funding for
national programs, research, demonstration,
dissemination and technical assistance programs that
the Secretary can use to fund these activities. If,
however, the Secretary feels that these activities are
of sufficient importance, the Committees will consider
a reprogramming request. The conferees urge the
Department to limit any such reprogramming request to
the minimum amount needed, consistent with the
conferees' desire to assure maximum resources go
directly to the classroom.
In the House bill, funding increases for Innovative
Educational Program Strategies were achieved by consolidating
the Eisenhower Professional Development, Foreign Language
Assistance and Star Schools. The House bill contained a
provision guaranteeing that states would receive the same
proportion of funding under the consolidated program as they
received under the individual programs. The conference
agreement deletes this provision.
bilingual and immigrant education
The conference agreement includes $261,700,000 for
Bilingual and Immigrant Education, instead of the $167,190,000
included in the House in H.R. 3755 and $185,000,000 as proposed
by the Senate in H.R. 3755 as reported from the Committee. The
conferees provided no funding for support services and
professional development activities. If the Secretary feels
that these activities are of sufficient importance the
Committees will consider a reprogramming request. The conferees
urge the Department to limit any such reprogramming request to
the minimum amount needed, consistent with the conferees desire
to assure maximum resources go directly to the students.
special education
The conference agreement includes $4,036,000,000 for
Special Education, instead of the $3,246,315,000 included in
the House in H.R. 3755 and $3,262,315,000 as proposed by the
Senate in H.R. 3755 as reported from the Committee. Included in
these funds is $3,107,522,000 for Grants to the States,
$783,685,000 above the amounts provided in the House bill and
$773,685,000 above the amounts in the Senate reported bill. At
this level federal funds will equal 8.4% of the excess cost of
educating disabled children--a substantial increase over the 6%
appropriated in fiscal year 1996.
The conference agreement includes the Senate provisions
which provides for (a.) continuing eligibility of the Republic
of the Marshall Islands, and the Federated States of Micronesia
for funding under part B of the IDEA, (b.) distributing of
funds for these grantees in accordance with P.L. 104-134 and
(c.) waiving new competitions for continuation grants.
The conferees concur in the provisions of the Senate
report indicating that the funding levels for Media and
Captioning Services includes an increase of $900,000 for
Recordings for the Blind, Inc.
rehabilitation services and disability research
The conference agreement includes $2,509,447,000 for
Rehabilitation Services and Disability Research, the same
amount included in the House in H.R. 3755 and $7,000,000 below
the amounts proposed by the Senate in H.R. 3755 as reported
from the Committee.
vocational and adult education
The conference agreement includes $1,486,531,000 for
Vocational and Adult Education instead of the $1,329,669,000
included in the House in H.R. 3755 and $1,341,752,000 as
proposed by the Senate in H.R. 3755 as reported from the
Committee. For Vocational Education basic state grants, the
conferees provide $1,029,050,000, $56,300,000 above the amounts
provided in the House bill and the level in H.R. 3755 as
reported in the Senate. For Adult Education the conferees
provide $354,562,000, $100,562,000 above the amounts provided
in the House bill and $92,979,000 above the level in H.R. 3755
as reported in the Senate.
The conferees have provided no funding for national
programs. The conference agreement, however, directs that the
Secretary allocate $4,500,000 from the State grant program for
the National Center on Research in Vocational Education. If the
Secretary feels that it is necessary to transfer additional
funds for national activities, the conference agreement permits
him to transfer up to $9,000,000 from state grants for these
activities. In making such transfers, the Secretary shall
provide the Committees with notification 30 days in advance of
the transfer.
The conferees have also included language which provides
that a State shall be deemed as having met maintenance of
effort provisions of the Carl D. Perkins Vocational and Applied
Technology Act.
student financial assistance
The conference agreement provides $7,560,407,000, instead
of $6,630,407,000 as proposed by the House in H.R. 3755 and
$6,642,830,000 as proposed by the Senate in H.R. 3755 as
reported from Committee. Within the total, the conference
agreement provides a maximum Pell Grant of $2,700. In addition,
the conference agreement provides $830,000,000 for the work
study program, $158,000,000 for Perkins Loans capital
contributions, and $50,000,000 for the state student incentive
grant program. The conference agreement includes $1,500,000 to
carry out the provisions of section 448(f) of the Higher
Education act which includes a separate authorization of
appropriations for ``work colleges.''
federal family education loan program account
The conference agreement provides $46,572,000, instead of
$29,977,000 as proposed by the House in H.R. 3755 and the
Senate in H.R. 3755 as reported from Committee.
higher education
The conference agreement includes $879,054,000 instead of
$829,497,000 as proposed by the House in H.R. 3755 and
$852,269,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The agreement includes a provision as proposed
by the Senate in H.R. 3755 as reported from Committee and not
included in H.R. 3755 as passed by the House permitting the
award of new Javits fellowships for school year 1997-1998. The
conferees agree that no new Javits fellowships will be awarded
in future years pending consolidation of the Javits fellowships
with the Graduate Assistance in Areas of National Need program
in legislation to reauthorize higher education programs. The
agreement includes a further provision as proposed by the
Senate in H.R. 3755 as reported from Committee and not included
in H.R. 3755 as passed by the House requiring the Department of
Education to prorate downward the amounts of new and continuing
Byrd scholarships in order to award the same number of new
scholarships in school year 1997-1998 as were awarded in school
year 1996-1997. The agreement also includes provisions as
proposed by the Senate in H.R. 3755 as reported from Committee
and not included in H.R. 3755 as passed by the House providing
$3,000,000 each for the George Bush Fellowship program and the
Edmund Muskie Foundation endowment, provided these programs are
authorized by April 1, 1997. The agreement also provides
$3,000,000 for the Pell Institute for International Relations
and $1,000,000 for the Calvin Coolidge Memorial Foundation to
conduct education, archival and preservation activities of the
Foundation if authorized by April 1, 1997. Neither H.R. 3755 as
passed by the House or H.R. 3755 as reported by the Senate
Committee contained these provisions. The conference agreement
includes a provision not included in either H.R. 3755 as passed
by the House or H.R. 3755 as reported from the Senate Committee
providing $2,000,000 for the Pennsylvania Educational
Telecommunications Exchange Network to implement a resource-
sharing video conferencing network.
The conferees direct the Department to comply with the
directives in the House report accompanying H.R. 3755 regarding
measuring and reporting the success of programs in meeting
program and performance goals.
The conferees have provided sufficient funds within the
Fund for the Improvement of Postsecondary Education to initiate
a demonstration of Hispanic serving Institutions to improve
research and training capacity in science and technology. The
conferees encourage collaboration with the Department of Energy
in funding this effort.
If funds are not authorized for the Muskie Foundation,
the George Bush Fellowship Program, the Pell Institute for
International Relations, or the Calvin Coolidge Memorial
Foundation by April 1, 1997, the Committee directs the
Department to use these moneys to fund activities within the
fund for the improvement of postsecondary education.
howard university
The conference agreement provides $196,000,000, instead
of $187,348,000 as proposed by the House in H.R. 3755 and
$189,000,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. Within the total amount, the agreement provides
$166,511,000 for the academic program.
Consistent with the policy established in P.L. 104-134
the conference agreement provides Howard with a single
appropriation. The conferees believe that Howard should have
the discretion to use these funds as the university
administration and Board of Trustees see fit. The conferees
note that the authority under which funds are appropriated for
Howard permits expenditures for academic services, financial
support of students, contributions to the university endowment
or construction.
The conferees are concerned that the University failed to
submit necessary information to the Congress in a timely and
complete fashion during the fiscal year 1997 hearing process.
The conferees direct the University to correct this deficiency
during subsequent budget cycles.
education research, statistics and improvement
The conference agreement includes $598,350,000 for
Education Research, Statistics and Improvement, instead of the
$317,264,000 included in the House in H.R. 3755 and
$350,788,000 as proposed by the Senate in H.R. 3755 as reported
from the Committee. The conference agreement includes
$305,000,000 for Education Technology, an increase of
$257,000,000 over the amounts provided in the House bill and
$226,525,000 over the amounts recommended in the Senate
reported version of H.R. 3755.
The conferees are concerned over the ability of the
Department of Education to manage the over 500% increase in the
Educational Technology program. This concern is heightened by
the fact that the Department, in hearings before the House
Subcommittee, was unable to determine total education funding
already committed to technology or to identify specific,
measurable improvements in student performance as a result of
increased expenditures. In concurring with the President's
request, the conferees want to assure that funding for
Education Technology leads to the achievement of measurable
goals. These goals should be aimed at enabling all students to
become technologically literate and to develop critical
communication, math, science and critical thinking skills
needed in the 21st century. The conferees therefore direct the
Secretary to:
Within 60 days of the enactment of this bill,
provide the House and Senate Committees on
Appropriations with a description of all programs
within his jurisdiction supporting the purchase of
education technology, the amounts spent in fiscal year
1995 and projections for spending in fiscal years 1996
and 1997;
Within 60 days of the enactment of this bill,
provide the House and Senate Committees with specific,
measurable goals for improvements in student knowledge
and achievement that are to be achieved as a result of
this increased spending and a statement of how the
Department will collect this information;
Within 60 days of the enactment of this bill,
provide the House and Senate Committees with an
operating plan for the technology funds provided in
this account including the expected quarterly
obligations for these funds and projections of outlays,
on a quarterly basis; and
Provide the House and Senate Committees with
quarterly reports on the obligation and outlays of
funds provided for technology equipment, software,
training, etc. in this account, comparing the actual
obligations and outlays with those projected in the
operating plan.
The conferees urge the Secretary to include the student
performance measures identified as a result of activities
required above in his reports required under the Government
Performance and Results Act.
The conferees have provided funds for an existing public-
private partnership to develop maritime history learner-based
software and provide teacher training.
The conferees have included $2,000,000 for the
Southeastern Pennsylvania Consortium for Higher Education.
These funds will establish local and wide area computer
networks which allow student access to faculty, other student
and instructional resources. Interactive video classrooms will
permit faculty from the consortium of colleges to teach
students at all eight sites simultaneously, resulting in
increased course options at the advanced level. Funds will also
be used for pilot projects linking elementary and secondary
school teachers in five counties for the purpose of training
teachers in new technologies.
The conferees have also included language to continue the
Iowa Communications Network state-wide fiber optics
demonstration project at the fiscal year 1996 level.
The conferees agree that included in the Fund for the
Improvement of Education is $125,000 for the National Student
and Parent Mock Election.
Within the Fund for the Improvement of Education, the
conferees have included funds for the continuation of support
for the expansion and dissemination of and innovative program
through which local community-based organizations are
collaborating formally with local schools to provide music
education and infuse music into core curricula.
libraries
The conference agreement includes $136,369,000 for
Library Programs, instead of the $108,000,000 included in the
House in H.R. 3755 and $128,369,000 included by the Senate in
H.R. 3755 as reported from the Committee.
The conference agreement includes $1,000,000 within the
Research and Demonstration account, to be competitively awarded
to a non-profit social tolerance resource center. These funds
would be used to operate a national training program, and
develop educational materials, on prejudice reduction. Included
in the program would be educators, students, health care
providers, and others involved in community relations.
The conferees also included within the research and
demonstration account $1,000,000 for completion of a catalog
conversion effort by research and doctoral institutions
initiated under fiber optics demonstrations begun in 1993 and
for a continuation of the local library networking component.
The conference agreement also includes $1,500,000 within
the research and demonstration account for the expansion of the
Portland Area Library Network System (PORTALS).
The agreement also provides $500,000 for the
establishment of a history project for the development of
teaching and library materials focused on the history of the
Columbia River Basin.
Departmental Management
The conference agreement provides $412,000,000, instead
of $378,543,000 as proposed by the House in H.R. 3755 and
$402,314,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. The conferees direct the Department to comply
with the directives in the House report accompanying H.R. 3755.
The conference agreement deletes a provision included in
both the House and Senate bills that would have permitted the
Department of Education Office of Inspector General to retain a
share of funds from the forfeiture of property in
investigations in which the Office participated.
The conferees are extremely disturbed to learn that the
Office of Legislation and Congressional Affairs has
inconsistently notified congressional offices of grant awards.
The conferees direct the Office to notify all affected
congressional offices of grant awards on the same day by the
same means of communication.
It has been brought to the conferees' attention that
several public urban schools around this Nation are
experiencing very serious overcrowding conditions. These
schools are forced to jam classrooms to overcapacity due to
their districts' limited budgets and engage in expensive
capital campaigns for the construction of new schools. Private
and parochial schools in these urban areas may have more than
adequate space available to help public schools alleviate the
overcrowding situation and could provide educational services,
in some instances, for $1,000 per student. The conferees direct
the Department of Education to provide to the Appropriations
Committees by September 1, 1997, a feasibility study outlining
the benefits of using private and parochial schools as
alternatives to alleviate the overcrowding in public schools
and barriers to using public school dollars for tuition
reimbursement. The study should address the constitutional
issues surrounding the use of these dollars among public,
private and parochial entities as well as other statutory or
regulatory impediments.
The conferees are concerned that the establishment of the
Grand Staircase-Escalante National Monument could result in
significant revenue losses because of the inclusion of the
200,000 acres of lands owned by the Utah State School Trust.
The conferees are also concerned about the future Federal
funding obligations that such an action could have. These lands
were granted to the State of Utah, by the Federal Government
with the express purpose of generating education revenue.
Therefore, the conferees direct the Secretary of Education to
report to the Committees by May 15, 1997, in making
recommendations for Federal remedies to mitigate the impact to
education funding caused by the inclusion of this land. The
conferees further direct the Department to work with the State
of Utah in drafting these recommendations.
GENERAL PROVISIONS
The conference agreement includes provisions limiting
total expenditures for administration of the Federal Direct
Student Loan (FDSL) program as authorized by section 458 of the
Higher Education Act to $491,000,000 in fiscal year 1997,
instead of $595,000,000 as provided in such section,
$420,000,000 as proposed by the House in H.R. 3755, and
$440,000,000 as proposed by the Senate in H.R. 3755 as reported
from Committee. In addition, the agreement includes provisions
proposed by the Senate in H.R. 3755 as reported from Committee
requiring the Department to pay $80,000,000 in administrative
cost allowances for fiscal year 1996 and not to exceed
$70,000,000 for administrative cost allowances in fiscal year
1997 to be paid on the basis of 0.85 percent of the total
principal amount of loans upon which insurance is issued up to
the first $8,200,000,000 in new loans. H.R. 3755 as passed by
the House required the payment of $134,000,000 for
administrative cost allowances for fiscal years 1996 and 1997.
The conference agreement modifies a provision included in H.R.
3755 as passed by the House and H.R. 3755 as reported from the
Senate Committee to prohibit the use of funds for advertising
activities related to direct loans until January 1, 1997.
The conference agreement includes a provision prohibiting
the use of funds for the Advisory Board for the Academy of
Science, Space, and Technology. In H.R. 3755 as reported from
Committee, the Senate proposed prohibiting the use of funding
for the Advisory Board, the Historically Black Colleges and
Universities Capital Financing Advisory Board, and Jacob J.
Javits Fellows Program Fellowship Board. In H.R. 3755, the
House proposed prohibiting the use of funds for the Advisory
Board, the HBCU Board, the Javits Board and the National Board
of the Fund for the Improvement of Postsecondary Education.
The conference agreement includes a provision as proposed
by the House in H.R. 3755 amending the section 8003(f) of the
Elementary and Secondary Education Act to clarify the procedure
for calculating payments for heavily impacted districts. H.R.
3755 as reported from the Senate Committee did not include this
provision.
The conference agreement does not include a provision
proposed by the Senate in H.R. 3755 as reported from Committee
and not included in H.R. 3755 as passed by the House to amend
the student loan Quality Assurance Demonstration program
authorized by section 487A of the Higher Education Act
regarding the purposes for which grants may be made and
regarding regulatory exemptions available to grantees. The
conferees believe that the intent of Congress in establishing
the Experimental Sites Authority under Section 487A of the
Higher Education Act was to limit that authority only to the
verification of student aid application data. Nevertheless, the
conference agreement allows all experimental sites approved by
the Department as of September 15, 1996 to continue. However,
the conferees direct that the Department notify the Chairmen
and Ranking Members of the relevant authorizing Committees and
Appropriations Subcommittees of the House and Senate at least
30 days prior to approval of any demonstrations subsequent to
September 15, 1996, pursuant to section 487A of the Higher
Education Act.
The conference agreement includes a provision amending
section 485(e) of the Higher Education Act to change the annual
reporting period for information on athletically-related
student aid from the one year period ending June 30 of the
preceding year to the one year period ending August 30 of the
preceding year. Neither H.R. 3755 as passed by the House nor
H.R. 3755 as reported by the Senate Committee contained a
similar provision.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
The conference agreement includes $56,204,000 as proposed
by the Senate in H.R. 3755 as reported from Committee, instead
of $53,184,000 as proposed by the House in H.R. 3755.
Corporation for National and Community Service
domestic volunteer service programs, operating expenses
The conference agreement provides $213,969,000 instead of
$203,969,000 as proposed by the House in H.R. 3755 and the
Senate in H.R. 3755 as reported from Committee. The conference
agreement provides $77,812,000 for the Foster Grandparents
program.
Corporation for Public Broadcasting
The conferees are extremely concerned about the
continuing broadcast by CPB grantees of anti-Semitic and racist
programming. The conferees direct CPB to report to Congress not
later than February 1, 1997, on its investigation of such
broadcasts and actions taken by the Board to reduce or
eliminate such programming and to reduce or eliminate Federal
funding for such programming and for grantees broadcasting such
programming.
National Commission on Libraries and Information Science
salaries and expenses
The conference agreement provides $897,000 as proposed by
the Senate in H.R. 3755 as reported from Committee, instead of
$812,000 as proposed by the House in H.R. 3755.
National Council on Disability
salaries and expenses
The conference agreement provides $1,793,000 as proposed
by the Senate in H.R. 3755 as reported from Committee, instead
of $1,757,000 as proposed by the House in H.R. 3755.
The conferees are concerned that the Council failed to
submit complete and responsive information to the Congress
during the fiscal year 1997 hearing process. The conferees
direct the Council to correct this problem during subsequent
budget cycles.
National Education Goals Panel
The conference agreement provides $1,500,000, as proposed
by the Senate in H.R. 3755, instead of $974,000 as proposed by
the House in H.R. 3755.
National Labor Relations Board
salaries and expenses
The conference agreement provides $175,000,000 instead of
$144,692,000 as proposed by the House in H.R. 3755 and
$170,266,000 as proposed by the Senate in H.R. 3755 as reported
from Committee.
The conferees are concerned that the Board failed to
submit necessary information to the Congress in a timely
fashion during the fiscal year 1997 hearing process. The
conferees direct the Board to correct this deficiency during
subsequent budget cycles.
National Mediation Board
salaries and expenses
The conference agreement provides $8,300,000 as proposed
by the Senate in H.R. 3755 as reported from Committee, instead
of $7,656,000 as proposed by the House in H.R. 3755. The
agreement includes a provision making available unobligated
balances for Presidential Emergency Boards for one additional
year for other statutory purposes. H.R. 3755 as reported by the
Senate Committee included a provision making all unobligated
funds available indefinitely. H.R. 3755 as passed by the House
included no similar provision.
Physician Payment Review Commission
salaries and expenses
The conference agreement provides $3,263,000 as proposed
by the Senate in H.R. 3755 as reported from Committee, instead
of $2,920,000 as proposed by the House in H.R. 3755.
Social Security Administration
supplemental security income program
The conference agreement provides $19,372,010,000 instead
of $19,422,115,000 as proposed by the House in H.R. 3755 and
$19,357,010,000 as proposed by the Senate in H.R. 3755 as
reported from Committee. Within the total, the conference
agreement provides $1,946,015,000 for SSI administration. The
conference agreement provides an additional $19,895,000 for the
automation initiative. The conferees direct that the Social
Security Administration comply with the directive in the House
report accompanying H.R. 3755 regarding the use of funding for
research and demonstrations.
In addition to the amount provided for the regular
supplemental security income program appropriation, the
conference agreement provides $175,000,000 as proposed by the
Senate in H.R. 3755 as reported from Committee for the
processing of continuing disability reviews as authorized by
P.L. 104-121, the Senior Citizens' Right to Work Act and P.L.
104-193, the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. As passed by the House prior to
enactment of P.L. 104-193, H.R. 3755 provided $25,000,000 for
the processing of continuing disability reviews as authorized
by P.L. 104-121.
The conference agreement includes a technical provision
adding the words ``as amended'' to the citation of the law as
proposed by the Senate in H.R. 3755 as reported from Committee.
limitation on administrative expenses
The conference agreement provides $5,873,382,000, instead
of $5,899,797,000 as proposed by the House in H.R. 3755 and
$5,820,907,000 as proposed by the Senate in H.R. 3755 as
reported from Committee. Within the total amount, the
conference agreement provides $3,080,000,000 from the OASDI
trust funds and $1,268,000 for the Social Security Advisory
Board. The conference agreement provides an additional
$234,895,000 for the automation initiative.
The conferees agree that the amount provided for
operation of the Social Security Advisory Board is sufficient
to enable this independent, bipartisan board to fulfill its
mandate to provide the Congress, the President, and the
Commissioner of Social Security with recommendations on policy
issues related to the Social Security and Supplemental Security
Income programs.
In addition to the regular limitation on administration,
the conference agreement provides an additional $310,000,000
for the processing of continuing disability reviews as proposed
by the Senate in H.R. 3755 as reported from Committee and as
authorized by P.L. 104-121, the Senior Citizens' Right to Work
Act and P.L. 104-193, the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996. As passed by the House
prior to enactment of P.L. 104-193, H.R. 3755 provided
$160,000,000 for the processing of continuing disability
reviews as authorized by P.L. 104-121.
office of inspector general
The conference agreement provides $37,424,000, instead of
$27,424,000 as proposed by the House in H.R. 3755 and the
Senate in H.R. 3755 as reported from Committee. The conferees
believe this additional funding is necessary to provide for the
hiring of up to 115 additional FTEs, particularly investigative
agents, to adequately protect the Social Security Trust Funds
from fraud and criminal abuse.
The conferees believe that all of the Inspectors General
need to do a better job of accounting for and tracking the
savings that they claim to generate by their efforts. More
attention must be paid to how much money is actually collected
each year and paid back to the Federal government. The
conferees direct the Inspector General to report to the
Committees each quarter on:
(1) the actual payments, as a result of fines,
restitutions, or forfeitures, made to the United States
Government as a result of his activities; and
(2) how ``funds put to better use'' were used; this
report must identify funds made available for use by
management and the programs, projects, and activities
that were increased as a result of these funds.
Railroad Retirement Board
limitation on the office of inspector general
The conference agreement provides $5,404,000, instead of
$5,268,000 as proposed by the House in H.R. 3755 and $5,540,000
as proposed by the Senate in H.R. 3755 as reported from
Committee. The conference agreement includes provisions
proposed by the House in H.R. 3755 prohibiting the transfer of
funds provided in the Act to the Office of Inspector General
from the Department of Health and Human Services and
prohibiting the use of funds for any audit, investigation, or
review of the Medicare program.
The conferees believe that all of the Inspectors General
need to do a better job of accounting for and tracking the
savings that they claim to generate by their efforts. More
attention must be paid to how much money is actually collected
each year and paid back to the Federal government. The
conferees direct the Inspector General to report to the
Committees each quarter on:
(1) the actual payments, as a result of fines,
restitutions, or forfeitures, made to the United States
Government as a result of his activities; and
(2) how ``funds put to better use'' were used; this
report must identify funds made available for use by
management and the programs, projects, and activities
that were increased as a result of these funds.
United States Institute of Peace
operating expenses
The conferees are concerned that the Institute failed to
submit necessary information to the Congress in a timely
fashion during the fiscal year 1997 hearing process. The
conferees direct the Institute to correct this deficiency
during subsequent budget cycles.
TITLE V--GENERAL PROVISIONS
The conference agreement includes a revision to section
503 as proposed by the Senate in H.R. 3755 as reported from
Committee. The language would include State legislatures in the
section's provision prohibiting use of funds in the bill for
activities designed to influence legislation pending before the
Congress. Funds in the bill could not be used to attempt to
influence a State legislature with respect to pending
legislation. The House bill had no similar provision.
The conference agreement includes a revision to section
507 as proposed by the Senate in H.R. 3755 as reported from
Committee. The House bill would require all Federal grantees to
disclose the dollar amount of Federal funds and the percentage
of Federal funds involved in a program or project when the
grantee is issuing press releases, statements, requests for
proposals, bid solicitations and other documents related to the
program or project. The agreement changes the House language by
limiting the disclosure provisions to only grantees receiving
Federal funds from the Labor-HHS-Education appropriations bill,
rather than all Federal grantees.
The conference agreement deletes a provision proposed by
the House in H.R. 3755 prohibiting the use of funds by the
National Labor Relations Board to exert jurisdiction over any
labor dispute involving an employer that does not meet the
statutory jurisdictional thresholds for the agency as updated
for inflation. H.R. 3755 as reported by the Senate Committee
did not include a similar provision.
The conference agreement does not include section 514 as
proposed by the House in H.R. 3755 which would prohibit the use
of funds in the bill to assist any illegal alien, except for
emergency medical assistance, benefits mandated by the Federal
courts or public health assistance for immunizations, testing
and treatment for communicable diseases. The Senate bill had no
similar provision.
The conference agreement does not include section 515 as
proposed by the House in H.R. 3755 which would have prohibited
the Department of Labor from closing or relocating any mine
safety and health technology center until after submission of a
report to the House Committee on Appropriations detailing any
cost savings anticipated and the effect on services. The Senate
bill had no similar provision.
The conference agreement includes a limitation on the use
of funds for any educational institution which prohibits the
maintaining, establishing, or operation of a unit of the Senior
Reserve Officer Training Corps. The conference agreement
includes a provision prohibiting the use of funds for any
educational institution which prevents the entry to campuses
for military recruiting or which prevents access to certain
student information to military recruiters. The conference
agreement also includes a provision denying funds to entities
which have failed to comply with certain reporting requirements
administered by the Department of Labor.
The conferees intend that the limitations on the use of
funds relating to ROTC and military recruiting not apply to any
individual institution of higher education that is part of a
single university system and that does not bar military
recruiters or ROTC on campus even though another campus of the
same system does prohibit recruiters or ROTC on campus.
The conferees do not wish to impose an unreasonable
administrative burden on institutions of higher education to
comply with these provisions. The conferees direct the
Secretary of Defense to include in regulations implementing
these provisions mechanisms to ensure that institutions of
higher education are not subjected to unreasonable requests for
student information.
The conference agreement does not include section 520 as
proposed by the House in H.R. 3755 which would have prohibited
the enforcement of an OSHA regulation that requires that
workers wear long pants if such requirement would cause workers
to experience extreme discomfort because of heat. The Senate
bill had no similar provision.
The conference agreement deletes without prejudice a
provision proposed by the House in H.R. 3755 but deleted by the
Senate prohibiting the use of funds to order, direct, enforce,
or compel an employer to pay backpay to any employee for any
period during which the employee was not lawfully entitled to
be present and employed in the United States. The conferees
agree that this is a serious matter which needs to be
addressed, but believe it should be dealt with by the
appropriate authorizing committees.
The conference agreement does not include a provision
proposed by the House in H.R. 3755 and not included in H.R.
3755 as reported from the Senate Committee which prohibits the
use of trust funds to compensate employees of the Social
Security Administration for union activity conducted on
official time.
The conference agreement includes a provision in the
House bill that was deleted in the Senate bill prohibiting the
funding of family planning grantees unless the grantee
certifies that it encourages family participation in the
decision of a minor to seek family planning services.
The conference agreement modifies a provision as proposed
by the Senate in H.R. 3755 as reported from Committee to
require a reduction of $30,500,000 in amounts otherwise
available for salaries and expenses, and in addition, the
conference agreement requires a reduction of $2,000,000 in
resources otherwise available for congressional, legislative,
and public affairs activities. The conference agreement does
not include a provision proposed by the Senate in H.R. 3755 as
reported from Committee to require a cap on cash performance
awards of 1% of salaries for each agency.
The conference agreement includes a provision proposed by
the Senate in H.R. 3755 as reported from Committee and not
included in H.R. 3755 as passed by the House permitting the
Railroad Retirement Board to offer voluntary separation
incentives to its employees.
The conference agreement includes a provision that was
not contained in H.R. 3755 as passed by the House or reported
by the Senate Committee that corrects the effective date of the
Health Centers Consolidation Act of 1996 so that the
legislation will be effective for fiscal year 1997.
TITLE VI
Commission on Retirement Income Policy
The conference agreement does not include title VI of the
bill as proposed by the Senate in H.R. 3755 as reported from
Committee. The proposed title VI was the text of a separate
Senate authorizing bill which would have authorized and
established a Commission on Retirement Income Policy. The House
bill had no similar provision.
TITLE VII--MUSEUM AND LIBRARY SERVICES ACT OF 1996
The conference agreement includes a new title VII of the
bill which was not included either in H.R. 3755 as passed by
the House or reported by the Senate Committee. This title
amends the Museum Services Act to transfer all library programs
from the Department of Education to the Institute of Museum and
Library Services.
Conference Agreement
The following table displays the amounts agreed to for
each program, project or activity with appropriate comparisons:
Section 101(f)
Treasury, Postal Service, and General Appropriations Act, 1997
The conferees on H.R. 3610 agree with the matter inserted
in this subsection of this conference agreement and the
following description of this matter. This matter was developed
through negotiations on the differences in the House and Senate
versions of H.R. 3756, the Treasury, Postal Service, and
General Appropriations Act, 1997, by members of the
appropriations subcommittee of both the House and Senate with
jurisdiction over H.R. 3756.
The conference agreement on the Treasury, Postal Service,
and General Government Appropriations Act, 1997, incorporates
some of the language and allocations set forth in House Report
104-660 and Senate Report 104-330. The language in these
reports should be complied with unless specifically addressed
in the following description of the conference agreement.
reprogrammings
The conferees are concerned about the timing of various
reprogramming requests submitted by agencies for Congressional
review. As stated in both the House and Senate reports
accompanying H.R. 3756, agencies are reminded that, except in
extraordinary circumstances, reprogramming proposals will not
be approved by the Committees 45 days prior to the end of the
fiscal year. Agencies are urged to take into consideration
periods of non-legislative business in the calculation of the
45 day time period; as a practical matter, reprogramming
requests may only be considered by the Committees during
legislative business days.
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
Salaries and Expenses
Recommendation
The conference agreement provides $111,760,000. Within
this amount, the Department shall ensure that the travel budget
is reduced by $654,000; and that the privatization study is
funded at $300,000.
Fire at the Main Treasury Building
The conferees understand that the total requirement for
expenses related to the June 26, 1996 fire at the Main Treasury
building is $32,207,000. Of this amount, $9,463,000 is for
Salaries and Expenses and $2,215,000 is for Automatic Data
Processing (ADP). These requirements, totaling $11,678,000,
were accommodated by reprogramming Internal Revenue Service
(IRS) fiscal year 1995 unobligated balances. Additional funds
of $20,529,000 for repairs and restoration due to the fire
damage are provided in the Treasury Buildings Annex Repair and
Restoration Account.
Debt Collection Activities
The conferees support the Administration's intention to
issue regulations limiting the offset to not more than 15
percent.
Treasury Law Enforcement Employment
The fiscal year 1996 conference report for the Treasury,
Postal Service Appropriations Act directed the Office of the
Secretary of the Treasury to report on the regulatory and
statutory options that could make recruiting, hiring, firing,
promotions, demotions and lateral moves of Treasury law
enforcement personnel more efficient. The Administration
responded with a report that describes the current status of
Treasury law enforcement personnel systems, along with some
options for reforming them. However, the report failed to
provide detail on the costs and benefits of each option or
recommend a particular course of action.
In response to the Treasury report, the House Committee
on Appropriations expressed continuing concern regarding the
disparate hiring practices at different Federal law enforcement
agencies. In House Report 104-660, the Committee directed the
Secretary of the Treasury and the Director of the Office of
Personnel Management to implement measures to assure that all
criminal investigator positions are subject to hiring,
conversion and retention procedures similar to those currently
in place for the United States Secret Service. Certain parts of
the Administration have expressed opposition to this directive,
noting that Secret Service hiring practices are unique and may
not be appropriate for other Treasury bureaus.
Nevertheless, the conferees remain concerned by continued
reports that Treasury law enforcement bureaus are not able to
promote and hire as easily as other Federal law enforcement
agencies, or that some Treasury agencies have better practices
than others. The conferees therefore direct the Secretary of
the Treasury to commission an outside study with an
organization having expertise in both Federal personnel law and
law enforcement management as a follow-on to the Treasury
report. Specifically, the second report should focus on (1) the
steps that Treasury enforcement bureaus may take under current
laws and regulations to facilitate hiring, firing, promotions
and demotions, and (2) the feasibility, costs and benefits of
converting Treasury law enforcement positions to the excepted
service or of creating a new personnel system for criminal
investigators. This report should be submitted by May 1, 1997.
Intergovernmental Information Technology Enterprise Panel
The conferees agree to drop the requirement contained in
House Report 104-660 which directs that $750,000 of available
funds be used to support the Intergovernmental Information
Technology Enterprise Panel. The Department of Treasury is no
longer the lead agency for this panel and therefore should not
be required to provide such funds.
Automation Enhancement
International Trade Data System
The conferees are concerned by the lack of cooperation
between Treasury's Office of the Secretary and the Customs
Service in developing the International Trade Data System
(ITDS). The conferees have heard reports that the Customs
Service has been uncooperative with the many Federal agencies
who will use the data gathered by ITDS and have held
discussions with private industry representatives without
taking the data needs of any other Federal agency into account.
In addition, the conferees understand that the Office of the
Secretary has shown little to no interest in minimizing the
reporting burden to be placed on private industry by
implementation ITDS.
The conferees are concerned that bureaucratic rivalries
have jeopardized this important project. For ITDS to succeed,
it will require the cooperation of not only Customs and
Treasury, but also importers and a number of other Federal
agencies. The conferees have agreed to place the ITDS office
within the Customs Service, which will have the responsibility
for developing the system, for interacting with outside groups,
and for collecting data to be entered into the system. The
Office of the Under Secretary for Enforcement shall chair the
interagency committee that oversees ITDS development and shall
coordinate ITDS development within the Federal government. The
conferees direct that the Customs Service obtain the
concurrence of the Office of the Under Secretary and the
interagency committee for all major decisions related to ITDS
development. The Office of the Assistant Secretary for
Management shall advise both the Customs Service and the Under
Secretary's office on technical aspects of systems development.
The conferees direct the Secretary of the Treasury to
develop a progress report on ITDS implementation and submit it
to the House and Senate Committees on Appropriations no later
than June 1, 1997.
Automated Commercial Environment (ACE)
The conferees are concerned with a May, 1996 GAO report
concerning Customs' modernization efforts. GAO found that the
Customs Service did not: (1) conduct the requisite cost-benefit
analyses, (2) redesign its import and other business processes
before the agency selected the hardware for ACE and other
systems, (3) manage ACE as an investment, and (4) designate
strict accountability for ensuring that Customs incorporates
all functions mandated by the National Customs Automation
Program.
In response, the Customs Service accepted GAO's
recommendations and began corrective action. Customs has
assigned responsibility for implementing the National Customs
Automation Program (NCAP), has established an information
technology investment review committee, has developed a
security plan, and has initiated a variety of evaluations of
specific sub-projects.
Because of the good faith efforts by the Customs Service
to comply with GAO's recommendations, the conferees agree to
make $11,525,000 available for the Automated Commercial
Environment immediately upon enactment of this Act, which
should be sufficient to fund ACE development through the first
two quarters of fiscal year 1997. The final $3,475,000 shall be
withheld pending consultation with the House and Senate
Committees on Appropriations.
Report by the General Accounting Office on ACE
The conferees direct the General Accounting Office to
review Customs progress in implementing GAO recommendations on
ACE and report its findings to the House and Senate Committees
on Appropriations no later than February 1, 1997.
Office of Inspector General
salaries and expenses
The conference agreement provides $29,736,000 for the
Office of Inspector General.
Independent Legal Counsel
The conferees agree with the House position with regard
to providing the Inspector General with independent legal
counsel and request that the Secretary of the Treasury resolve
this long standing issue.
Office of Professional Responsibility
salaries and expenses
The conference agreement provides a direct appropriation
of $1,500,000 for the creation of an Office of Professional
Responsibility.
Office of Inspector General and Office of Professional Responsibility
The conferees are concerned that no duplication of effort
take place between the Office of Professional Responsibility
(OPR) and the Office of Inspector General (OIG). The conferees
direct the Under Secretary for Enforcement to work closely with
the Inspector General to ensure no such overlap occurs.
Treasury Buildings and Annex Repair and Restoration
The conference agreement provides $28,213,000 for
additional costs related to the fire at the Main Treasury
building and to accommodate the President's original request of
$7,684,000. Funding for the Bureau of Alcohol, Tobacco and
Firearms (ATF) and the Secret Service are addressed within the
ATF Laboratory Facilities and the Secret Service's Acquisition,
Construction, Improvement, and Related Expenses appropriations.
Financial Crimes Enforcement Network
The conferees provide $22,387,000 for the Financial
Crimes Enforcement Network, the same as the House-passed and
the Senate committee levels.
Department of the Treasury Forfeiture Fund
The conference agreement provides $10,000,000, of which
$7,500,000 shall be used for the development of a Federal law
enforcement wireless communications system and $2,500,000 shall
be used at the discretion of the Secretary.
Violent Crime Reduction Programs
including transfer of funds
The conference agreement provides $97,000,000. This
amount is to be used as follows:
Bureau of Alcohol, Tobacco and Firearms:
Training & Equipment Initiative..................... $29,133,000
GREAT Administration................................ 3,000,000
CEASEFIRE Program................................... 3,662,000
Project LEAD........................................ 800,000
----------------
Subtotal ATF........................................ 36,595,000
================
GREAT Program....................................... 8,000,000
Secret Service:
White House Security................................ 8,000,000
Child Exploitation.................................. 3,000,000
TRIP................................................ 1,000,000
Counterfeiting...................................... 5,000,000
Financial Institutions Fraud........................ 3,000,000
----------------
Subtotal Secret Service............................. 20,000,000
================
Financial Crimes Enforcement Network: Cybercash
Initiative.......................................... 1,000,000
Office of National Drug Control Policy: High Intensity
Drug Trafficking Areas Program...................... 13,105,000
Departmental Offices: Taggant Study..................... 18,300,000
________________
Total............................................. 97,000,000
Ballistics Imaging Equipment
The conferees include language allowing for the purchase,
maintenance and upgrading of ballistics equipment.
High Intensity Drug Trafficking Areas
The conference agreement provides a total of $140,207,000
for the High Intensity Drug Trafficking Areas program:
$13,105,000 from the Violent Crime Reduction Trust Fund and
$127,102,000 from the base appropriation. This amount is
$37,207,000 greater than the Administration's fiscal year 1997
request of $103,000,000 for this program. In addition to fully
funding the Administration's request, the conferees include
resources for several newly-designated HIDTAs: $3,000,000 for
Lake County, Indiana; $6,000,000 for the Gulf Coast states of
Louisiana, Alabama and Mississippi; $8,000,000 for the Midwest
states of Iowa, Missouri, Nebraska, South Dakota and Kansas to
focus on methamphetamine use, production and distribution;
$3,000,000 for the State of Colorado; and $3,000,000 for the
Pacific Northwest. The remaining $14,207,000 shall be
distributed at the discretion of the Director of the Office of
National Drug Control Policy.
National Center for Missing and Exploited Children
The conference agreement includes $1,400,000 in the Crime
Trust Fund for enhanced efforts of the Secret Service to target
crimes against children; of this amount, $400,000 is for two
additional full time employees within the Secret Service to
target child exploitation and pornography; $765,000 is
dedicated for a grant to the National Center for Missing and
Exploited Children (NCMEC) to establish an Exploited Child
Unit, and $235,000 is provided to support the training of
additional volunteers through NCMEC's Project ALERT. The
conference agreement assumes funds of $1.2 million through the
Secret Service Salaries and Expenses appropriation for the 2nd
and 3rd years of operating the Exploited Child Unit at the
NCMEC and continued funding of $1.6 million through the Crime
Trust Fund for the Secret Service to enhance the use of
forensic technology in the investigation of missing and
exploited children.
Federal Law Enforcement Training Center
Salaries and Expenses
The conference agreement provides $54,831,000. Of that
amount, $3,150,000 shall be used for unforeseen basic training
needs. If such amounts are not needed, they may be used for the
proposed teletraining initiative. The agreement also makes
$13,034,000 available for the support of basic training, which
may also be reprogrammed for other uses through established
reprogramming guidelines.
Federal Law Enforcement Training Center
Acquisition, Construction, Improvements, and Related Expenses
The conference agreement provides $18,884,000. Resources
over and above the Administration's request shall be used to
fund a new dormitory at Glynco as well as a classroom building
and a practical exercise lab building at Artesia. The conferees
understand that the facilities Master Plan for these two sites
is a document that FLETC has revised in the past and will
continue to revise periodically to reflect the addition of new
construction projects, as well as changes in priorities, cost
estimates, and project realignments. The conferees direct FLETC
to keep the House and Senate Committees on Appropriations
apprised of any changes in Master Plan projects or priorities
for master plan construction projects at Glynco, Georgia and
Artesia, New Mexico.
Financial Management Service
Salaries and Expenses
The conference agreement provides $196,069,000 for the
Financial Management Service.
Bureau of Alcohol, Tobacco and Firearms
salaries and expenses
The conference agreement provides $393,971,000. The
Committees agree to the following changes from the 1996 enacted
level of $377,971,000:
Termination of Aircraft Program......................... -$2,000,000
General Program Reduction............................... -3,750,000
EO 12837 Reductions..................................... -302,000
Savings from 400 FTE Reduction.......................... -25,534,000
Separation Incentive Payments (Buyouts)................. 13,408,000
Church Fire Investigations.............................. 12,011,000
Training & Equipment Initiative......................... 12,000,000
Adjustment for Inflation................................ 10,167,000
________________
Total Appropriation............................... 393,971,000
The Committees agree to allow ATF to use the $12,011,000
dedicated to church fire investigations on investigations
involving explosives or any other violence directed against
religious institutions.
GREAT Program
The conferees have provided $8,000,000 for the Gang
Resistance Education and Training (GREAT) Program, an increase
of $800,000 above the Administration's request. The conferees
commend the ATF for its efforts in developing this program and
direct ATF to use the additional funds provided by the
conferees to establish new GREAT programs in, at least,
Bellevue, Washington, and Sioux City, Iowa. ATF should also
give strong consideration to establish a GREAT program within
the state of Colorado.
Downsizing ATF
The conferees do not believe it is possible for ATF to
maintain an adequately equipped or trained force at the current
levels of employment and funding. To fully equip and train an
average, full-time ATF officer requires approximately $122,441,
yet the fiscal year 1997 budget request was $73 million below
(15 percent) the amount necessary to sustain such a level. This
neglect has resulted in an agency in which pay alone represents
74 percent of the overall budget. The conferees believe this
situation can no longer be ignored.
In order to operate more effectively in the contemporary
law enforcement environment, the ATF must become a smaller,
better trained and better equipped organization. The conferees
are pleased to note that the Director of ATF feels the same.
Therefore, the conferees direct ATF to develop and implement a
plan to downsize toward its own ``ideal'' distribution of
expenditures of 62 percent pay, 23 percent operations and 15
percent fixed costs. The conferees further recommend that ATF
downsize in fiscal year 1997 by approximately 400 FTE to
realize the immediate benefits of increased training and better
equipment. The conferees have provided buyout authority to ease
this transition and have deleted a House provision prohibiting
ATF from implementing a reduction in force. Although the
conferees will not micromanage this downsizing by requiring a
specific reduction in FTE's in fiscal year 1997, the conferees
direct that no reductions come from the explosives and arson
investigative or regulatory functions and strongly recommend
that downsizing be targeted toward agents at or near
retirement.
Revenue Collection
At a time when the revenue collection components of the
Department of the Treasury have experienced difficulty in
achieving efficiencies while maintaining a high level of
compliance on the part of their taxpayer universe, ATF's
revenue protection program stands out as an example of sound
management and successful planning. ATF's collections are at
historic levels, while regulatory staffing has remained below
the authorized level.
Currently, ATF's regulatory enforcement component is
authorized at a level of 1,030 FTE's; actual staffing has been
held to approximately 950 FTE's by effective position
management. Within that framework, Regulatory Enforcement will
achieve a further savings of 50 FTEs by consolidation of
technical services functions.
The conferees believe that ATF should use the FTE savings
in technical services functions to offset, at least in part,
previous reductions taken by Regulatory Enforcement in the
field positions dedicated to alcohol and tobacco revenue and
consumer protection programs.
Therefore, the conferees direct that the ATF pay careful
attention to position management by major program area so as to
ensure that uneven attrition does not result in untenable
staffing reductions in the revenue and consumer protection
activities of the ATF, and to ensure that Regulatory
Enforcement is not penalized for past efficiency.
Federal Firearms Disabilities
The conference agreement continues language included in
the fiscal year 1996 appropriations act prohibiting ATF from
acting on applications for relief from federal firearms
disabilities.
Ballistics Imaging Systems
The conferees are aware that the Departments of Treasury
and Justice have developed separate ballistics imaging systems
and are now working with state and local law enforcement
agencies to deploy these systems, often with Federal subsidy
assistance. Given the pressing national needs for this type of
technology, the conferees remain adamant the Federal government
not provide subsidy assistance for state and local law
enforcement to acquire both systems. The conferees have
included language prohibiting Federal assistance for the
acquisition of a second system unless the state or local
authorities return or fully reimburse the Federal government
for the first system. The Committees also note the Department
of Justice Appropriations Act will contain a similar
prohibition.
The conferees have included funds in the Violent Crime
Trust Fund for expansion and maintenance of this program.
Should demand require, the Committee's note that the Director
has in his discretion the ability to utilize funds appropriated
in the Salaries and Expenses account.
Taggants Study
Public Law 104-132, the Antiterrorism and Effective Death
Penalty Act of 1996, directs the Secretary of the Treasury to
conduct studies on adding taggants to explosives materials,
review the feasibility and practicability of rendering certain
explosive chemicals inert, and evaluate the potential of
imposing controls on certain materials used to manufacture
explosives. The conferees are aware that the Naval Surface
Warfare Center's Indian Head Division is widely recognized as a
center of excellence in energetics. The conferees urge the
Secretary to explore ways to use this Division's expertise in
the development and manufacture of energetic chemicals and
systems in the studies funded on taggants. Participating
agencies are urged to work closely with the Indian Head
Division on this important effort.
Cigarette Tax Evasion on Indian Lands in Oklahoma
The conferees are concerned about reports of businesses
in Oklahoma operating on Indian lands which are evading the
payment of state cigarette sales taxes. The conferees are also
aware that the ATF, under 18 USC Sec. 2341-2342, has the
authority to investigate and enforce state cigarette sales tax
laws. The conferees direct the ATF to work closely with the
Oklahoma Tax Commission on the investigation of cases of tax
evasion by businesses located on Indian land in Oklahoma.
ATF Air Program
The House transferred the ATF aviation program to the
Customs Service. Nevertheless, the conferees have since learned
that the Customs Service has no use for the OV-10 aircraft used
by ATF, and that ATF has a letter of agreement with the
Department of State to provide a portion of the OV-10 aircraft
and parts for eradication of illegal coca plants in source
countries. The conferees therefore direct ATF to transfer the
OV-10 aircraft to the Department of State and any excess
aircraft or parts to the Department of Defense inventory.
Bureau of Alcohol, Tobacco and Firearms
laboratory facilities
The conference agreement provides $6,978,000 for the
design and acquisition of the ATF National Laboratory Center
and Fire Research Investigation and Development Center.
United States Customs Service
salaries and expenses
The conference agreement provides $1,487,250,000 and up
to $30,000 for official representation expenses.
The conferees agree to the following changes from the
fiscal year 1996 appropriation of $1,387,153,000:
Operation Hardline...................................... $74,000,000
Operation Gateway....................................... 28,000,000
Maintain Current Levels................................. 39,625,000
Executive Order 12837 Reduction......................... -13,695,000
Transfer International Trade Data System................ -5,600,000
Transfer Automated Commercial Environment............... -15,000,000
Headquarters FTE Reduction.............................. -20,596,000
Cost of Buyout.......................................... 11,058,000
General Reduction....................................... -5,000,000
Operations & Maintenance for ATF........................ 500,000
Nogales, Arizona Fence.................................. 500,000
Honolulu Customs District............................... 750,000
China Initiative........................................ 3,005,000
Western Hemispheric Trade Center........................ 2,500,000
Child Pornography....................................... 50,000
----------------
Total............................................. 1,487,250,000
Operation Gateway and Operation Hardline
The conferees agree to include statutory language
designating $65,000,000 for Operation Hardline and $28,000,000
for Operation Gateway. An additional $9,000,000 shall be
available to Operation Hardline for the maintenance of
equipment purchased in fiscal year 1996.
Miscellaneous Provisions
The conferees mandate that the Customs Service begin full
implementation of the General Aviation Telephonic Entry (GATE)
program within 30 days of enactment of this Act, delete
language proposed by the House prohibiting any reduction in
force in the Customs Service, restore House language to require
approval of a staffing plan by the House and Senate Committees
on Appropriations prior to implementation of any separation
incentive payment program, and restore language proposed by the
House prohibiting Customs from providing less than 30 days
notice for changes in apparel regulations.
Reorganization
The conferees are concerned by a GAO report to the Ways
and Means Committee (GAO/GGD-96-81R Customs Reorganization)
stating that Customs had achieved only 40% of its goal of
reducing headquarters full time equivalent employment from
1,800 to 1,200. The conferees direct the Customs Service to
report to the House and Senate Committees on Appropriations, no
later than February 1, 1997, with a streamlining plan on how it
intends to achieve those reductions or with an explanation as
to why such reductions are no longer advisable.
Honolulu Customs District
The conference agreement provides $750,000 for additional
part-time and temporary positions in the Honolulu Customs
District.
Nogales, Arizona Fence
The conferees provide funding to Customs for construction
of a fence in Nogales, Arizona, to prevent smuggling. Work has
progressed on construction of this fence, which separates the
United States and Mexico. Because of the importance of this
fence to antismuggling efforts, the conferees have included an
additional $500,000 to complete this project.
Non-Intrusive Inspection (NII)
The conferees have been made aware of a recent evaluation
of NII by the Office of National Drug Control Policy (ONDCP)
which concludes that deployment of advanced NII technology at
land and sea border points can make a significant improvement
in the effectiveness of U.S. drug interdiction efforts. The
conferees commend the Customs Service (USCS) for recognizing
the potential of technologies such as truck X-rays and
beginning the deployment of such systems. However, the ONDCP
study also suggests that high energy, rather than low energy X-
ray technology, and a level one automated targeting system
(ATS) represent the best investment in NII technology. The
conferees direct the USCS to accelerate development and
deployment of an ATS and place a moratorium on the further
procurement of low energy X-ray equipment as defined in the
ONDCP report. The conferees direct the USCS to reevaluate its
plans with regard to ATS, low energy and high energy X-ray
equipment and, no later than February 1, 1997, present the
Committees on Appropriations with an integrated detection plan
which responds to the recommendations made in the ONDCP
evaluation.
Western Hemispheric Trade Center
The conference agreement provides $2,500,000 for the
Western Hemispheric Trade Center.
ATF Air Program
The conference agreement provides the Customs Service an
additional $500,000 for the costs associated with providing
aviation support to the ATF. The conferees direct that such
service be provided to ATF without reimbursement.
Operation Respond
The conferees urge the Customs Service to work with
Operation Respond Institute, Incorporated, a non-profit
organization, the Federal Highway Administration, and the
Federal Railroad Administration in enhancing and implementing
computer software to identify hazardous materials crossing the
northern and southern borders of the United States.
child labor investigations
The House passed version of H.R. 3756 contained a
provision that funded two additional overseas positions for
Customs Service investigators in New Delhi, India and in the
Sialkot region of Pakistan. These are two areas in the world
where child labor is a particularly significant problem.
The conferees understand that this provision could not be
included in this legislation because pending legislation which
would make the import of goods produced by child labor illegal
has not yet passed. Nevertheless, the conferees believe that it
is important for the Administration, Congress and the people of
the United States to be informed as to whether goods being
imported into the United States are being produced by child
labor.
The conferees expect that the Customs Service will make
this information available to the full extent of its authority
under current law. In addition, the conferees direct Customs to
report to the Committees on Appropriations what additional
legislation is needed to address the problem. This report shall
be transmitted with the fiscal year 1998 budget request.
designations of ports of entry
The conferees are concerned that the Custom Service has
not published firm criteria for determining user fee or port of
entry status for airports, leading to confusion and possible
loss of revenue in at least one airport. The conferees
therefore direct the Customs Service to establish firm, clear
guidelines to be used in determining port of entry status and
provide those criteria to the Committees on Appropriations with
the fiscal year 1998 budget submission. The conferees direct
that the status of no airport be changed until transmission of
that report, except for changes mandated by law.
p-3aew procurement
The conference agreement provides $42,000,000 to convert
one P-3AEW aircraft, to be financed through transfer from the
Special Forfeiture Fund within the Office of National Drug
Control Policy. This will be in addition to the P-3AEW funded
through the Department of Defense.
Bureau of Engraving and Printing
web press
The conferees understand that, despite fiscal year 1996
Congressional direction to suspend development of the Web
Press, the Department of the Treasury and the Bureau of
Engraving and Printing (BEP) have resisted compliance with the
direction. BEP has instead indicated that it needs additional
time to resolve performance shortfalls it has encountered with
the operation of the Press.
The conferees believe that the opportunity to resolve the
performance shortfalls was addressed in a December 1, 1995,
letter in which the Director of BEP presented a plan to turn
the Press into a ``viable piece of operating equipment'' by
April of 1996. The conferees did not receive official
notification as to whether or not the Director's plan was
successful. However, informal communication with the BEP led
the conferees to believe that the milestones presented in the
December letter were not met in a cost-effective manner.
While it is unclear why the Department of the Treasury
and the BEP want to continue the Web Press effort, the
conferees believe the Director should be provided with
sufficient authority to conduct all necessary testing to
determine if the Press can produce currency in compliance with
the original contractual requirements. Therefore, the conferees
agree that, if the Director determines it is in the best
interest of the government to conduct further testing of the
Web Press, a plan to achieve resolution of the issues
associated with the performance of the Press shall be submitted
to the House and Senate Committees on Appropriations. The
objective of the plan, which must include specific performance
milestones, should be to determine if the Press can be brought
into compliance with the original contract performance
requirements. The plan must also include criteria to determine
success or failure in meeting the established milestones. This
plan shall be submitted to the Committees within 30 days of
enactment of this Act. The conferees are adamant that the plan
shall be implemented and conducted at no additional cost and
shall have a reasonable termination date at which time either
the Web Press is in compliance with the original contract
requirements or is terminated.
exemption from procurement regulations
The conference agreement does not include an exemption
from procurement regulations for the BEP. The conferees believe
it is premature to provide such exemption without first
determining the effect such an exemption would have on other
Treasury bureaus. While it would be beneficial for BEP to have
such an exemption, it does not seem appropriate to place the
organization in a position not shared by other Treasury
bureaus.
United States Mint
united states mint public enterprise fund
The conferees note that the U.S. Mint has submitted
comprehensive reports concerning the implementation of the Mint
Public Enterprise Fund. Since certain circulating coinage
provisions will expire at the end of fiscal year 1996, the
conferees request the Director of the U.S. Mint submit an
overview of a plan for controlling costs and maximizing 1997
operations. This overview should be included in the next
quarterly report submitted to Congress.
The conferees request the Director also submit a report,
by December 1, 1996, which resolves the issue of how best to
maintain separate revenue records for circulating and
numismatic coins within the Mint Public Enterprise Fund. The
conferees want to ensure that revenue generated by circulating
coins is not merged with revenue generated by numismatic coins.
The 1996 Mint Public Enterprise Fund legislation created one
fund for both circulating and numismatic coin revenue, with
separate recording of the revenues from these different coin
programs. It was not the intent of the legislation to create
separate public enterprise funds as a way of keeping revenue
separate.
performance based organization
As part of the Vice President's National Performance
Review, a proposal was made to allow federal agencies to act
more ``business like'' by allowing the performance of the
organization to be measured. The agency, now called a
Performance Based Organization (PBO), would have established
productivity and performance plans, a Chief Executive Officer
(CEO), and other ``business like'' components. The pay of both
the employees and the CEO would be based on performance against
an established annual performance plan.
The conference agreement does not include a provision
which would have established a PBO at the U.S. Mint as proposed
by the House. Despite the Department of Treasury's stated
position that performance measures should be used to determine
funding levels, the U.S. Mint-PBO provision was opposed by the
Secretary of the Treasury.
The Department has not yet responded to the Office of
Management and Budget's (OMB) early-1996 request for agency
participation in the Vice President's PBO concept. The
Department continues to study its organization to determine
which of its bureaus would be most appropriate as a PBO. The
U.S. Mint, with its reliance on production-based performance
measures, is obviously a viable candidate for the PBO format.
The conferees strongly recommend that the Department choose the
U.S. Mint as its candidate for a PBO.
The Treasury Department and the OMB should provide
legislation which would establish such a PBO to the appropriate
Congressional committees with the fiscal year 1998 budget
request.
Bureau of the Public Debt
budget estimates
The conferees agree with language contained in Senate
Report 104-330 which encourages the Commissioner of the Public
Debt to continue to work toward workload estimates to minimize
lapsed appropriations. The conferees do not wish to infer that
the large unobligated and lapsed balances which have been
experienced by the Bureau of the Public Debt are the result of
poor budget practices or a lack of attention by management of
the Bureau. These balances are the result of unplanned cost
savings. Future workload estimates should be more accurate now
that the transfer of people and functions from Washington, DC,
has been accomplished.
Internal Revenue Service
processing, assistance, and management recommendation
The conference agreement provides $1,779,840,000. The
Internal Revenue Service (IRS) requested $8,144,000 for an
additional payment of 1.5% for CSRS employees in anticipation
of costs associated with the implementation of pending
legislation. That legislation was not finalized and therefore
the Committees agree that the $8,144,000 request is no longer
needed for that purpose. The conference agreement provides
$8,321,000 to meet additional requirements as a result of
increasing 1-800 telephone access.
taxpayer services and returns processing
The conference agreement provides $482,049,000 for
Taxpayer Services. This amount is $34,447,000 above the fiscal
year 1995 funding level for Taxpayer Services (7.7% increase)
the same as the funding level provided in 1996 and $8,347,000
above (2%) the fiscal year 1997 request. The conferees have
provided $829,666,000 for Returns Processing. This amount is
$15,540,000 above the fiscal year 1995 funding level for
Returns processing (2% increase), $56,658,000 above the funding
level provided in 1996 (7% increase), and the same as requested
in fiscal year 1997.
opportunities for outsourcing returns processing
The conferees agree that IRS should study the potential
costs and benefits of outsourcing certain returns processing
activities. This study should be submitted to the House and
Senate Committees on Appropriations by December 31, 1996.
performance measures
Measuring the performance of the IRS, especially in the
areas of taxpayer service and assistance, tax collection, and
compliance, has been an ongoing concern for the House and
Senate Committees on Appropriations. Since fiscal year 1995,
the Committees have been stressing the need for valid
performance measurement in order for IRS to justify its
continued request for additional funding. To date, such
performance measures have not been forthcoming. Therefore, the
conferees agree with the House that the IRS should submit a
strategic plan and detailed performance measures with the
fiscal year 1998 budget request. This is consistent with the
requirements of the Government Performance and Results Act
(GPRA).
financial management
The conferees have serious concerns about the ability of
the IRS to accurately account for the expenditure of
appropriations. A July 1996 General Accounting Office (GAO)
report on IRS financial management states that IRS has
ineffective controls over safeguarding assets from loss and
assuring that IRS is in compliance with laws governing the use
of budget authority. Furthermore, the amounts stated by IRS as
the total amount of revenue ($1.4 trillion) and the total
amount of tax refunds ($122 billion) cannot be verified or
reconciled to aggregate accounting records. In other words, IRS
may not be collecting the revenue it states, may not be making
the refunds it states, and may not be spending taxpayers money
in accordance with the law. The conferees believe the IRS must
correct these deficiencies. Therefore, the conferees direct the
IRS to submit a report by March 1, 1997, which presents a plan
to correct the deficiencies identified in the GAO's July 1996
report.
taxpayer services in alaska and hawaii
Given the remote distance of Alaska and Hawaii from the
U.S. mainland, the many tax compliance issues unique to the
communities and geography in these states, and their taxpayers'
inability to receive needed assistance by the toll-free line,
the conferees believe that the Internal Revenue Service should
maintain a Problem Resolution Specialist position, current
Problem Resolution positions assisting the Problem Resolution
Officer, and tax examination personnel of appropriate number
and grade within each of the states of Alaska and Hawaii.
national archives access to records
The conferees believes that an agreement should be
reached between the IRS and the National Archives and Records
Administration (NARA) concerning NARA's access to certain IRS
records. The conferees direct that the IRS and NARA submit a
report to the Committees on Appropriations of the House and
Senate on NARA's access to records. This report must include an
analysis of outstanding issues and a recommendation on how the
disposition of these records should proceed. The report should
be submitted to the Committees by March 1, 1997.
electronic federal tax payment system
The conferees understand that the IRS has determined it
should delay the implementation of the Electronic Federal Tax
Payment System (EFTPS) due to the concerns of small businesses.
The conferees also understand that the IRS did not implement an
adequate education program on the requirement for small
businesses to electronically submit Federal withholding tax
payments. Due to the lack of basic information on the new
process, many small businesses found it impossible to comply
with IRS requirements and faced stiff penalties if not in
compliance.
The conferees urge the IRS to implement a major education
effort on the requirements of EFTPS and to reschedule its
implementation after the education effort has been successful.
federal tax treatment of aircraft maintenance expenses
The conferees are aware that, in a recent Technical
Advice Memorandum (TAM), the IRS has taken the position that
certain Federal Aviation Administration (FAA) mandated aircraft
safety inspection and repair costs must, for tax purposes, be
capitalized rather than deducted as a business expense. This is
a reversal of longstanding IRS and airline industry tax
accounting practices which have permitted the current deduction
of such costs. Additionally, this action will place a
significant new tax burden on critical airline safety
inspections and repairs.
The conferees believe that the IRS incorrectly applied
Treasury Regulation Sec. 1.162-4 in reaching this position. The
conferees are also concerned that this policy change, which
affects the entire airline industry and critical airline safety
policies, was implemented without apparent input from and
coordination with other interested parties such as the
Department of Transportation and the FAA. Therefore, the
conferees urge the IRS to reverse its recent position on tax
treatment of aircraft inspection and safety costs.
Internal Revenue Service
tax law enforcement recommendation
The conference agreement provides $4,104,211,000 for Tax
Law Enforcement. The conference agreement also provides funds,
as necessary, to meet requirements associated with downsizing
the Internal Revenue Service.
criminal investigative division
The conferees agree to delete the funding and staffing
``floor'' contained in House Report 104-660 for the Criminal
Investigative Division (CID). This should not be interpreted as
a lack of interest in the work of CID. The elimination of this
``floor'' simply provides IRS flexibility in managing under the
1997 funding levels.
Internal Revenue Service
Information Systems
The conference agreement provides $1,323,075,000 for
Information Systems.
tax systems modernization
In July of 1996, the Committees on Appropriations of the
House and Senate requested that the Department of the Treasury
and the Internal Revenue Service (IRS) provide more detailed
information on its request for Tax Systems Modernization (TSM)
and non-TSM information systems requirements. In response to
this request, IRS and the Department of the Treasury recently
provided new and extensive data on these programs. The
conferees appreciate the attentive attitude taken by both IRS
and the Department in this endeavor. While this additional
information is not a formal proposal on the part of the
Department of the Treasury for a ``re-vamped'' TSM program, the
conferees believe it is an important step toward restructuring
and streamlining this troubled program.
The conferees emphatically repeat their position that
there is no more imperative requirement for IRS than to
modernize its antiquated information system. A modernized
system is the only way to better serve the taxpayers of America
and collect taxes in an efficient manner.
Since 1988, Congress has provided approximately
$4,000,000,000 for the IRS-proposed strategy to modernize its
information system: the TSM program. Congress provided these
funds in accordance with plans and proposals for the TSM
program submitted by three successive Administrations.
Initially, the Administration projected TSM would be in place
by the year 2001. It appears now that this timetable will not
be met and it is unclear when TSM will be fully operational.
It is unfortunate that IRS is no further along with the
strategy to modernize its information systems than it was in
1988. While many exemplary individual systems of the TSM
program have been purchased with the $4,000,000,000
appropriated to date, it is also true that, in order for the
IRS to maximize this investment, these systems must integrate
with a real-time centralized database called the Corporate
Account Processing System (CAPS). CAPS is a complex, although
not technologically difficult, data base; a type found
throughout the Federal government and industry. The conferees
are concerned that, based on the most recent information
provided by IRS, CAPS is being pushed off into a future
development scenario. The conferees are concerned that IRS
seems determined to continue to fund TSM projects that appear
necessary to ``feed the beast'' at IRS, not to modernize the
process. This is unfortunate.
Based on information provided by the IRS, the conferees
have re-defined TSM. TSM should be considered those systems
which are under development or are being prepared for
deployment. Those TSM systems which have been deployed and are
currently being used by the IRS to accomplish its mission are
considered Operational Systems and are in addition to the
Legacy systems which TSM sought to replace. The Legacy systems
continue, after eight years of effort on TSM, to be the
backbone of IRS information systems and are no less necessary
today than in 1988. Therefore, the conferees agree that both
the Operational Systems and the Legacy systems must be funded
at a level to fully support the tax filing season. For Legacy
systems, the conference agreement includes $758,400,000 which
will fund the highest priority systems as identified by IRS.
For TSM Operational Systems, the conference agreement includes
$206,200,000 for all the systems identified by the IRS as
necessary, including the Service Center Consolidation project.
For TSM deployment and development, which the conferees
have redesignated TSM, the IRS identified $155,500,000 in
programs which are necessary, but limited its most recent
request to $59,100,000 for the highest priority items. The
conference agreement funds TSM development and deployment at
$130,075,000 which will allow the IRS to continue development
of CAPS, the Workload Management System, Electronic Fraud
Detection, and other systems as identified by the IRS.
The IRS has recently identified $94,100,000 in new,
``stay-in-business'' requirements. These requirements include
the Year 2000 Century Date conversion, quality assurance,
replacement of laptop computers for the exam staff, replacement
of the Distributed Input System (DIS)/Remittance Processing
System (RPS), and an interim Revenue General Ledger System
(RGLS). The $5,100,000 for RGLS is needed to comply, in part,
with recent General Accounting Office (GAO) criticism of IRS
financial management. The $9,000,000 for DIS/RPS is necessary
because the Document Processing System (DPS), a TSM system
which was to replace DIS/RPS, is being terminated. The
termination of DPS means that after eight years and
$298,500,000 to develop this document scanning system, IRS is
now re-examining its basic requirement for document processing.
The century date conversion initiative is the first step in a
multi-year, multi-million dollar effort to re-code the 1960's
Legacy systems technology so that IRS can process tax returns
after 1999. This is necessary because the IRS has not been able
to replace the cobal-language database with CAPS as planned.
The conference agreement includes $45,000,000 for the Century
Date change requirement, understanding that this is an initial
investment, and that the IRS continues to refine funding and
program requirements for this effort. A total of $62,100,000
has been provided for these new ``stay in business''
requirements which IRS should use to address its highest
priority requirements. Additionally, the IRS should continue to
review these activities for future outsourcing opportunities.
The IRS also identified one-time costs of $21,900,000 for
converting from the Consolidated Data Network (CDN) to the
Treasury Communications System (TCS) and $61,000,000 for
downsizing activities. The downsizing activities will provide
sufficient funds for IRS to reduce its staffing level by over
900 positions. The conference agreement provides $82,900,000
for these one-time requirements, as requested.
For program infrastructure, the IRS states that its
requirement is $83,400,000. Within this amount, the IRS
anticipates $14,700,000 will be required for its Government
Program Management Office, $2,000,000 for the Modernization
Management Board, $8,200,000 for Systems Life Cycle
development, $9,000,000 for Architecture development,
$5,000,000 for Reengineering studies, $12,800,000 for Program
Management-Associate Commissioner, and $22,800,000 for Systems
Engineering and other Infrastructure. The conference agreement
provides $83,400,000, as requested, and directs the IRS review
these activities for future outsourcing opportunities.
The Committees direct that, should any of the amounts
listed above be executed at a different level than set out in
this report, the Department of the Treasury must provide
notification and explanation of the changes to the Committees
on Appropriations of the House and Senate.
architectural blueprint
The conferees agree that continued Congressional
oversight of the TSM program is essential. In order to ensure
such oversight, the Secretary of the Treasury shall submit
quarterly reports on IRS' implementation of the TSM and
Information Systems program. These reports must include (1) an
assessment of progress in implementing all the recommendations
made by the General Accounting Office in its July 1995 report;
(2) performance measures which will be used by the Department
of Treasury to determine progress made in implementing TSM;
and, (3) a project by project funding profile.
Additionally, the Secretary shall submit to the
Committees on Appropriations of the House and Senate a complete
systems architecture which has been approved by the Department
of Treasury's Modernization Management Board. This architecture
shall be submitted no later than May 15, 1997.
Outsourcing Strategy for TSM
The IRS and the Department of the Treasury have announced
an outsourcing strategy for TSM which was presented by the
Department of the Treasury in its May 6, 1996, ``Report to
House and Senate Appropriations Committees.'' This strategy,
from the perspective of the Committees, does not fully address
the outsourcing of TSM until the Spring of 1998. The Treasury
Department prefers the opportunity to prepare a Request for
Proposal (RFP) by the Spring of 1998 which would be used to
solicit competitive bids to obtain a commercial sector company
as a ``Prime Contractor'' for TSM. At the point of RFP release,
the Department of the Treasury would assess the performance of
the current contract vehicles to determine if the release of
the RFP is required. The RFP would be released if the
Department determined that the current contracting arrangement
was not adequate to provide progress on TSM.
The conferees do not disagree with the need to ensure
that progress on TSM be monitored and that all parties, IRS and
the private sector community, be held accountable for
performance in accordance with established performance
requirements. However, the conferees believe that this needs to
be done long before the Spring of 1998. Therefore, the
conference agreement includes a suspension of funding for the
TSM Operational Systems on July 31, 1997, unless the Department
has prepared the RFP which it could use to solicit bids for a
TSM Prime Contractor. The intent of this action is to require
an outsourcing decision at a date earlier than that requested
by the Department of the Treasury.
With regard to the RFP, the conferees believe that the
Department of the Treasury's Modernization Management Board
(MMB) should have prepared a final version of the RFP by the
July 31, 1997 deadline. The conferees understand that the
process which the MMB must go through to get a final RFP is a
long process which includes obtaining information and input
from the private sector. However, the intent of the conference
agreement is that the final version of the RFP be ready by July
31, 1997. Should the Department of the Treasury determine that
it is unable to have ready for release a final version of the
RFP, the Department should notify the Committees on
Appropriations of the House and Senate before the July 31, 1997
deadline. Should there by a delay in the development of the
RFP, the conferees are committed to releasing the fourth
quarter apportionment when the IRS submits an explanation for
the delay.
With regard to the July 31, 1997 schedule to transfer a
majority of TSM to contractor, the conferees agree that the
current contractor support may count toward the majority level.
The conference agreement also includes a requirement that
the activities associated with the development of the RFP, the
contract solicitation, and contract award shall be conducted by
the Department of the Treasury's Modernization Management
Board. It is the intent of the conferees that the IRS shall not
be the ``lead'' on this effort and that the Department shall
oversee the efforts of the Modernization Management Board with
regard to these activities.
Furthermore, should the Department of the Treasury
determine that it will pursue the release of an RFP to solicit
bids for a new contracting arrangement, the Department of the
Treasury should provide notification to the House and Senate
Committees on Appropriations prior to the release of the RFP.
Additionally, should the Department determine that it
will pursue a new contract with a private sector company to
manage, integrate, test, and implement TSM, the Department
should take into account the company's prior private and public
sector experience. A private sector company's experience in
managing large-scale complex computer systems, working with
government revenue agencies, showing demonstrable results in
reducing costs, increasing productivity, improving service, and
integrating human performance factors with technological change
would be most beneficial to the IRS.
Contractor support
The conference agreement does not specify the amount of
funding which should be applied to the IRS contract with IIT
Research Institute, a Federally Funded Research and Development
Center (FFRDC) or the Integration Support Contract (ISC). This
should not be interpreted as a lack of interest in these
groups, or a belief that these groups have not provided
exceptional assistance to the IRS. The conference agreement
simply reflects a belief that the IRS should not be required by
Congress to fund any contract at any particular level.
Shift from IRS Personnel to Contract Personnel
While the conference agreement does not specifically
address the total number of IRS personnel that should be
assigned to the TSM program, the conferees are adamant that IRS
reduce the number of employees assigned to both TSM development
and operational systems. The conferees understand the benefit
of a reassignment of some TSM technical personnel to the
century date change program and, to the extent that this
shifting of personnel is necessary, it should be pursued. The
intent is that the number of IRS personnel assigned to TSM
shall be significantly reduced and the program turned over to
the private sector for management, development, implementation,
and testing.
The IRS should provide quarterly reports to the House and
Senate Committees on Appropriations, which address the number
of FTEs funded within each of the appropriation accounts. For
the Information Systems appropriation, the breakout of FTEs
should be according to each activity funded.
Internal Revenue Service
Information Systems
(Rescission)
The conference agreement provides a rescission of
$174,447,000 from Information Systems appropriations.
Administrative Provisions--Internal Revenue Service
Section 103. The conference agreement includes a
provision which requires the IRS to maintain the fiscal year
1995 level of service, staffing, and funding for Taxpayer
services. The conferees agree that this does not mean that IRS
should be required to re-hire staff or to open closed offices.
The intent of the provision is to ensure that, overall, IRS
maintains a level of Taxpayer Services which meets or exceeds
the 1995 level of services. Additionally, the IRS should be
very sensitive to the needs of the taxpayers who use walk-in
service centers during the tax filing season.
Sec. 104. The conference agreement includes a provision
which requires the IRS receive prior approval before obligating
funds for separation agreements in accordance with section 663.
Section 663 allows for voluntary separation of employees under
certain circumstances. The intent of this provision is to
ensure that IRS has in place a strategic plan which will be
used to downsize its organization.
The conference agreement does not include the House
provision requiring IRS contract with an independent accounting
firm to determine revenue losses (if any) which would result
from implementing H.R. 2450.
The conference agreement does not include a sense of
Congress provision adopted by the Senate. The concerns of the
Senate were accommodated within the funding levels provided to
the IRS.
Sec. 105. The conference agreement includes a provision
which permits the IRS to implement its planned field
reorganization under certain conditions. The IRS may proceed
with this reorganization only if it maintains the current level
of taxpayer service employees that provide taxpayer education
and the current level of employees that provide problem
resolution on cases generated through walk-in visits. This
provision is included due to concerns which have been raised
about the potential effects of the proposed IRS restructuring
on customer service.
The conferees direct the IRS to report to the House and
Senate Committees on Appropriations no earlier than March 1,
1997, on the impact of the reorganization with respect to: (1)
taxpayer services, particularly taxpayer education and walk-in
customer service offices; (2) problem resolution cases; and (3)
the overall cost/benefit of the proposed restructuring. This
report should also address how IRS taxpayer services will
ensure adequate service to taxpayers in the future.
Sec. 106. The conference agreement includes a provision
which directs that funds shall be available for improved
facilities and increased manpower to provide sufficient and
effective 1-800 telephone assistance and that the Commissioner
make this a priority.
Sec. 107. The conference agreement includes a provision
which prohibits the expenditure of funds for using more than
two ink colors on the printed covers of income tax packages.
United States Secret Service
salaries and expenses
The conference agreement provides $528,262,000. The
conferees provide $18,870,000 for White House security
upgrades, as requested by the President, with additional funds
provided in the Violent Crime Trust Fund. In addition to start
up funds for the Exploited Child Unit the conferees have
provided $1,200,000 for the 2nd and 3rd years of operating the
Exploited Child Unit through the Salaries and Expenses
appropriation, making these funds available until expended. The
conference agreement also provides $3,700,000 for restoration
of base operations, $2,133,000 for costs associated with
replacing the mainframe computer and software systems and funds
requested by the President for the replacement of vehicles in
the security fleet.
United States Secret Service
acquisition, construction, improvement, and related expenses
The conference agreement provides $37,365,000; of this
amount, $8,200,000 has been made available for activities
related to the design and construction of the new Classroom
Building at the Rowley Secret Service Training Center in
Beltsville, Maryland. The conferees have funded replacement of
the mainframe computer and related software systems in the
Salaries and Expenses Account.
secret service rescission
During fiscal year 1996, Congress provided $42,964,000
for anticipated mandatory costs of protecting candidates during
the current Presidential election. The Secret Service now
estimates that $7,696,000 of these funds will remain
unobligated at the end of fiscal year 1996; the conferees have
rescinded $7,600,000 of these funds.
General Provisions--Department of the Treasury
Section 116. The conference agreement includes a
provision which amends Title 31 to prevent transfers of excess
resources from the Treasury Forfeiture Fund to the Special
Forfeiture Fund managed by the ONDCP after fiscal year 1996.
The conference agreement does not include language which
would create a priority placement and job retraining program
for employees.
Sec. 118. The conference agreement amends Title 18 to
allow licensed Federal firearms dealers to transfer ``curio or
relic'' firearms at any location.
TITLE II--POSTAL SERVICE
Payments to the Postal Service
Payments to the Postal Service Fund
The conference agreement provides $85,080,000, including
$61,433,000 for free mail for the blind and overseas voting and
$23,617,000 for revenue forgone reimbursement.
payment to the postal service fund for nonfunded liabilities
The conference agreement provides $35,536,000 for
workman's compensation payments incurred by the pre-1971 Post
Office Department.
postal service recycling hotline
Both the House and the Senate reports address the matter
of the Postal Service's leadership in the U.S. Environmental/
Recycling Hotline. The conferees concur with the directives
outlined in both reports and strongly support the Postal
Service's continued leadership in this voluntary and innovative
pollution prevention program. The conferees direct the Postal
Service to provide regular updates on the progress being made
on this public-private partnership beginning no later than
December 1, 1996 to the House and Senate Committees on
Appropriations.
jessup Post Office
The conferees are aware of the intent of the Postal
Service to move the Jessup Post Office from its current
downtown location. The conferees direct the Postal Service to
analyze the costs and benefits of such a move, and report the
results of that analysis to the Congress no later than February
1, 1997. The conferees furthermore direct the Postal Service to
work closely with local government and community organizations
in determining a final location for the Jessup office.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT
Office of Management and Budget
salaries and expenses
methylene chloride
On November 7, 1991, the Occupational Safety and Health
Administration (OSHA) proposed a revised workplace standard for
methylene chloride. On March 29, 1996, the Small Business
Regulatory Enforcement Fairness Act was enacted, requiring
final rules adopted after June 27, 1996 to contain a final
regulatory flexibility analysis assessing the requirements to
be imposed on small business and describing the steps taken to
minimize the economic impact on small business. On July 18,
1996, OSHA sent the final workplace standard for methylene
chloride to the Office of Management and Budget for its review
and approval. The conferees wish to highlight that, in
reviewing the final methylene chloride workplace standard, the
Office of Management and Budget must ensure that OSHA has fully
complied with the Small Business Regulatory Enforcement
Fairness Act in assessing the effect of the standard on small
businesses, particularly in light of the fact that OSHA was not
required to address these issues in detail at the time the
standard was proposed. In addition, the Office of Management
and Budget should ensure that OSHA's assessment of the
potential health risk posed by methylene chloride is consistent
with the Environmental Protection Agency's reassessment of that
chemical under its proposed revised guidelines for carcinogen
risk assessment, and that the workplace standard would not pose
problems for compliance with Environmental Protection Agency
regulation of methylene chloride emissions.
ballistic imaging interoperability
The conferees reiterate their concern over the absence of
interoperability between existing firearms ballistics imaging
systems. The Office of Management and Budget facilitated a
Memorandum of Understanding between the ATF and the Federal
Bureau of Investigations as a means of achieving
interoperability.
The Committees on Appropriations continue to receive
reports of activities outside the scope of cooperation embodied
in the MOU, wherein individual local crime lab directors and
law enforcement officials are pressured to purchase one system
over another. The MOU was to have eliminated such activity.
The conferees direct OMB to move the MOU process forward
to a conclusion by taking a more active oversight role, and to
terminate any agency efforts to create new or hybrid systems.
The Director of OMB is to report to the House and Senate
Appropriations Committees on the progress of activities under
the MOU to date, and stipulate a timetable within which the
NIST program will be completed. This report is due to the
Committees no later than 60 days after the enactment of this
Act.
year 2000 software conversion
The conferees are aware that, as part of OMB's
preparation of the President's fiscal year 1998 budget,
agencies are preparing cost estimates to ensure that
information systems are year 2000 compliant. The conferees
repeat their concern about the potential complexity and cost of
the millennium change and direct OMB to comply with House
report language requiring an assessment of the risk to
Government systems on this issue. In recognition of ongoing
work for the 1998 budget cycle, OMB is directed to submit this
report with the President's fiscal year 1998 budget instead of
by November 1, 1996.
Office of National Drug Control Policy
salaries and expenses
including transfer of funds
The conference agreement provides $35,838,000 to the
ONDCP, fully funding the Administration's request and including
an additional $1,000,000 for the continuation of model state
drug law conferences.
The conference agreement deletes a provision that
prevents the ONDCP from obligating $2,500,000 until it reaches
agreement with the House and Senate Committees on
Appropriations on a fiscal year 1997 staffing plan.
The conference agreement includes House language that
directs the Director of the ONDCP to transfer unobligated
balances from ONDCP's Special Forfeiture Fund to the Treasury
Forfeiture Fund.
Unanticipated Needs
The conference agreement does not fund this account and
instead uses these funds to support conferences on model state
drug laws through ONDCP in the upcoming fiscal year.
Federal Drug Control Programs
high intensity drug trafficking areas program
including transfer of funds
The conference agreement provides a total of $140,207,000
for the High Intensity Drug Trafficking Areas program:
$13,105,000 from the Violent Crime Reduction Trust Fund and
$127,102,000 from the base appropriation. This amount is
$37,207,000 greater than the Administration's fiscal year 1997
request of $103,000,000 for this program. In addition to fully
funding the Administration's request, this level includes
resources for several newly-designated HIDTAs: $3,000,000 for
Lake County, Indiana; $6,000,000 for the Gulf Coast states of
Louisiana, Alabama, and Mississippi; $8,000,000 for the Midwest
states of Iowa, Missouri, Nebraska, South Dakota, and Kansas to
focus on methamphetamine use, production and distribution;
$3,000,000 for the State of Colorado; and $3,000,000 for the
Pacific Northwest. The remaining $14,207,000 shall be
distributed at the discretion of the Director of the Office of
National Drug Control Policy.
Of the total appropriation, $71,000,000 shall be
transferred to State and local entities and $69,207,000 may be
transferred to other Federal agencies.
TITLE IV--INDEPENDENT AGENCIES
Federal Election Commission
salaries and expenses
The conference agreement provides $28,165,000, restores 2
FTE to the House position, and fences $2,500,000 for computer
modernization.
Full Time Employee Equivalents
The conferees assume full salary and benefit increases to
support 312 full time employee equivalents in fiscal year 1997,
a reduction of 1 FTE from 1996. The conferees agree to allow
this reduction to be taken at the discretion of the FEC and
urge the FEC to be prudent in their allocation of staff so that
all statutory responsibilities can be fulfilled in the upcoming
fiscal year.
Tuition Payments
The conferees direct the FEC, as part of its fiscal year
1998 budget request, to submit a justification for tuition
payment assistance, including a description of how these
payments are relevant to FEC's statutory responsibilities.
Reprogramming Requirements
The conferees have reviewed FEC's request to address
specific items contained in House Report 104-660, particularly
as it relates to the fencing of $2,500,000 for computer
modernization during the upcoming year. The conferees are aware
that certain assumptions will require difficult choices for the
FEC. Should the FEC find it difficult to fulfill its statutory
responsibilities under the assumptions included in the fiscal
year 1997 conference agreement, the FEC is encouraged to submit
the appropriate reprogramming requests for Committee
consideration.
General Services Administration
federal buildings fund
limitation on availability of review
including transfer of funds
The conference agreement appropriates $400,544,000 into
the Federal Buildings Fund. This appropriation offsets the
difference between income into the Fund and expenditures from
the Fund. The conference agreement makes $5,555,544,000
available from the Federal Buildings Fund for public building
services, construction, and repair and alteration of Federal
buildings.
The conference agreement makes $657,711,000 available
from the Federal Buildings Fund for new construction and
inserts a list of construction projects. The list of projects
is as follows:
new construction
California: Fresno, Federal Building and U.S. Courthouse $6,595,000
Colorado: Denver, Rogers Federal Building-U.S.
Courthouse.......................................... 9,545,000
District of Columbia: U.S. Courthouse Annex............. 5,703,000
Florida:
Miami, U.S. Courthouse.............................. 24,990,000
Orlando, U.S. Courthouse............................ 9,514,000
Kentucky:
Covington, U.S. Courthouse.......................... 17,134,000
London, U.S. Courthouse............................. 13,732,000
Montana:
Babb, Piegan Border Station......................... 333,000
Sweetgrass, Border Station.......................... 1,059,000
Nevada: Las Vegas, U.S. Courthouse...................... 83,719,000
New York: Brooklyn, U.S. Courthouse..................... 169,000,000
Ohio:
Cleveland, U.S. Courthouse.......................... 128,559,000
Youngstown, U.S. Courthouse......................... 15,813,000
Oregon: Portland, Consolidated Law Federal Office
Building............................................ 4,750,000
Pennsylvania:
Erie, U.S. Courthouse Annex......................... 3,300,000
Philadelphia, DVA-Federal Complex, Phase II......... 13,765,000
South Carolina: Columbia, U.S. Courthouse Annex......... 43,848,000
Texas: Corpus Christi, U.S. Courthouse.................. 24,161,000
Utah: Salt Lake City, Moss U.S. Courthouse Annex and
Alteration.......................................... 11,474,000
Washington:
Blaine, U.S. Border Station......................... 13,978,000
Oroville, U.S. Border Station....................... 1,452,000
Seattle, U.S. Courthouse............................ 16,853,000
Sumas, U.S. Border Station (Claim).................. 1,177,000
The conference agreement also includes $10,000,000 for
non-prospectus construction projects and $27,256,000 for
security enhancements. The $27,256,000 for security
enhancements is a part of the overall $240,600,000 provided in
the conference agreement for enhanced building security.
U.S. Courthouse Construction
The conference agreement reduces construction funds for
each of the U.S. Courthouse and U.S. Courthouse Annex project
by 10 percent. The conferees do not anticipate that this
reduction will affect the construction schedule for any of
these projects. However, should GSA determine that the lower
funding level will adversely affect the ability of GSA to
complete a specific project on time, the Administrator of
General Services should submit a reprogramming for Committee
consideration.
The conferees believe that there is strong evidence that,
in general, courthouse facilities are not designed and built to
achieve maximum efficiencies and cost savings. Congress has
held a number of hearings to address the many issues associated
with the construction of buildings, especially U.S.
Courthouses. These hearings have produced pages of testimony
which point to the lack of discipline in the process used to
design and construct these facilities. This is an issue which
the conferees take seriously and are determined to bring order,
discipline, and reasonableness into the U.S. Courthouse
construction process.
The conference agreement modifies bill language proposed
by the House which required GSA to implement a 10 percent
reduction in the overall cost of the U.S. Courthouse
construction projects. Instead, this 10 percent reduction was
applied to each U.S. Courthouse project included in the new
construction program. The modified language requires a
reduction in the cost of future courthouse construction through
improving design efficiencies, curtailing planned interior
finishes, requiring more efficient use of courthouse and
library space, and by otherwise limiting space requirements.
Furthermore, the conferees agree with the House position
that the U.S. Courthouse design guide be reexamined and a new
design guide be developed by April 1, 1997. The conferees agree
that serious action must be taken to reduce the cost of
courthouses through design and construction savings. The
revised design guide should include standardized courtroom
utilization studies for each requested project. It is
understood that these studies will be used to prepare
prospectus studies which are under the authorities of the
Senate Committee on Environment and Public Works and the House
Committee on Transportation and Infrastructure.
U.S. Courthouse Site Acquisition
The conferees are concerned with the process which GSA
uses to fund the acquisition of sites for new Federal office
buildings and U.S. Courthouses. GSA chooses a site and then
requests funding availability based on the estimated cost of
acquiring the preferred site. The action of requesting a
certain amount of money to purchase a piece of land almost
certainly undermines the ability of the GSA to negotiate a
lower price. This has prompted the conferees to take the
unusual step of reducing, by 5 percent, the amount requested by
GSA for site acquisition. This should be interpreted by GSA as
another method which Congress can and will use to reduce the
overall cost of Federal building construction.
The City of Fresno, California and the City of Las Vegas,
Nevada are to be commended for stepping forward and offering
free or reduced cost sites on which GSA is planning to
construct new facilities. The action taken by the City of
Fresno and the City of Las Vegas will save the government over
$6,000,000. This type of cooperation will be necessary for the
Federal Government to continue its construction program.
Repair and Alterations
The conference agreement makes $639,000,000 available
from the Federal Buildings Fund for Repair and Alteration of
existing Federal buildings and inserts a list of repair and
alteration projects. The conference agreement also includes
$345,000,000 for basic repairs and alterations, $23,456,000 for
the chlorofluorocarbons program, $10,000,000 for the elevators
program, $20,000,000 for the energy program and $2,700,000 for
security enhancements. The $2,700,000 for security enhancements
is a part of the overall $240,600,000 provided in the
conference agreement for enhanced building security.
The conference agreement includes $8,000,000 for the
renovation of the Agricultural Research Service Laboratory in
Ames, Iowa, which is currently occupied by the Animal and Plant
Health Inspection Service (APHIS). These funds shall only be
used for biomedical safety and operational improvements for
APHIS operations. The conferees direct the Administrator of
General Services to submit a prospectus for providing
additional adequate laboratory and office space for the APHIS
in Ames, Iowa. The conferees believe this prospectus should
allow for the most efficient method of providing this space,
which may include the option to lease commercially available or
build-to-suit space, as appropriate.
The conference agreement also includes $1,450,000 for
renovations at the Pioneer Courthouse in Portland, Oregon and
$6,000,000 for continuing construction activities at the U.S.
Courthouse in Montgomery, Alabama.
Transfer of Funds to the National Park Service
The conference agreement includes a transfer of $100,000
from the Federal Buildings Fund to the Construction
appropriation of the National Park Service. The conferees have
been made aware of the adverse impact which construction along
the 15th Street Corridor in Washington, D.C., has on the size
and quality of the multipurpose field at Wallenberg Place.
After reviewing the report submitted by the Park Service in
compliance with Congressional direction contained in House
Report 104-537, the Conference Report which accompanied H.R.
3019, the conferees determined that funds were needed to
regrade, seed, and maintain this field as a quality
recreational resource in our Nation's Capital. The conference
agreement includes language to transfer $100,000 and
anticipates the National Park Service will use the funds as
follows: $10,000 for seeding, $70,000 for regrading, and $5,000
in each of the next four fiscal years for necessary maintenance
activities.
White Oak Environmental Clean-Up Activities
The conference agreement includes $10,000,000 to initiate
hazardous material clean up activities at the White Oak Naval
Facility in Montgomery County, Maryland. These funds should not
be expended until the GSA submits to the appropriate
Congressional committees a report which addresses the overall
plan and cost for environmental clean up activities at the
White Oak Naval facility.
Natural Resources Building
The conferees direct GSA to study the need for a natural
resources building consolidating USDA and the Department of
Interior programs under one roof in Lincoln, Nebraska. The
study should include the feasibility of adding federal and
state research programs that address natural resources issues
of importance to the Great Plains and Western Corn Belt such as
water quality, shelterbelt impacts, agroforestry, soil erosion,
range management and efficient water use.
Raptor Research Center
The conferees support the GSA's efforts to consolidate
the Raptor Research Center at Boise State University in a
building donated to the University. The Committees request that
the Administrator of General Services provide a report, by
February 1, 1997, on the progress made to date on this
consolidation.
Building Operations
The conference agreement makes available $2,343,795,000
for rental of space and $1,552,651,000 for building operations.
Electronic Databases
The conference agreement includes language which
transfers funds from Building Operations to the Policy and
Operations appropriation. Of the funds transferred to the
Policy and Operations appropriation, $2,000,000 shall be used
for the University of Nebraska-Lincoln sponsored demonstration
project to develop electronic databases, which may be
coordinated with federal on-line services.
Pennsylvania Avenue Development Corporation
The conference agreement includes language to clarify
Congressional intent regarding the Pennsylvania Avenue
Development Corporation (PADC). The intent is to provide GSA
permanent authority to perform activities necessary to
implement the trade center plan at the Federal Triangle and to
make payments in lieu of taxes to the District of Columbia.
These authorities were previously performed by the PADC. The
conference agreement also includes language clarifying GSA's
authority to use funds transferred from the PADC and income
derived from former PADC properties to carry out the
responsibilities of the former PADC.
The intent of the conference agreement is not to expand
the authorities of the GSA with regard to the functions and
properties of the former PADC. The agreement simply provides
GSA sufficient authority to carry out the responsibilities of
the former PADC in an efficient manner.
Fiscal Year 1996 Internal Revenue Service Rent Payments
The conferees understand that the Internal Revenue
Service (IRS) was not able to pay its total fiscal year 1996
rent payment to the Federal Buildings Fund. The IRS planned to
reprogram $11,500,000 in unobligated fiscal year 1995 funds to
the 1996 GSA rent payment account. However, the House and
Senate Committees on Appropriations directed that the
$11,500,000 be used to offset a portion of the costs associated
with the June 26, 1996, fire at the Main Treasury building. The
conference agreement includes $11,500,000 in the amount
appropriated for building operations to cover the amount which
IRS did not pay.
Rent Requirements
The conferees agree that GSA and OMB should develop a
system for identifying and informing agencies of annual rent
rates and total rent estimates in an accurate and timely
manner. The conferees instruct GSA, working with OMB, to submit
the proposed rent system to the House and Senate Committees on
Appropriations no later than March 1, 1997.
Border Stations
The conferees direct the GSA to continue working with the
Department of State and the Border Inspection agencies in their
review of the nation's border stations. Many of the stations on
the borders are old and antiquated and have been stretched
beyond their capabilities. The conferees are concerned that
along with the current problem faced at the border crossings,
anticipated future growth of trade will further exacerbate the
problems faced in processing passenger and trade traffic.
The Administrator of General Services should provide a
final assessment of its plan to upgrade, replace, or construct
new facilities along the borders. The conferees believe that
special attention should be given to the need of a third bridge
for the Port of Laredo, Texas. This assessment should be
provided to the appropriate Congressional committees.
Building Requirements of the Smithsonian Institution
The conference agreement includes language which directs
the Administrator of General Services to initiate discussions
with the Smithsonian Institution on the feasibility of
transferring Federal Building 10B to the Smithsonian
Institution.
Post FTS2000 Contract
The conference agreement provides for mandatory use of
the FTS2000 contract until its expiration date of December 31,
1998.
Additionally, the conferees agree that the General
Services Administration shall not release a Request for
Proposal (RFP) for the Post FTS2000 contract before February
15, 1997. The conferees are, however, very concerned that the
GSA has not yet responded to questions concerning the Post
FTS2000 contract which have been submitted by the Senate
Committee on Government Affairs and the Senate Treasury, Postal
Service and General Government Subcommittee. The GSA is
directed to answer these questions, as submitted, no later than
December 1, 1996, and provide the details of the RFP to the
appropriate House and Senate Committees, and how it will
fulfill the requirements of the Information Technology
Management Reform Act of 1996.
General Services Administration
policy and operations
The conference agreement provides $110,173,000 for the
Policy and Operations appropriation. Additionally, the
conference agreement transfers $8,000,000 from the Building
Operations account to the Policy and Operations appropriation.
iowa communications network
The conferees direct that $10,000,000 in available funds
be used to support the Iowa Communications Network (ICN).
property accountability/asset management
The conferees note their continuing interest in those
activities which lend themselves to managing Federal agency
property through automated information procedures and
processes. The National Performance Review has noted the
potential for cost savings through automated property
management systems.
The conferees believe that, given past shortcomings in
agency property management practices governmentwide, continued
emphasis should be placed on the use of commercial, off-the-
shelf information technology including software, computer-based
laminate barcode printers and readers, and information storage
devices. Accordingly, the conferees strongly urge agency
managers to make use of such equipment.
pre-qualification testing of retread tires
The conferees understand that GSA is planning to suspend
its program of pre-qualification testing of retread automobile
tires. The GSA no longer has a purchasing program for tires and
has determined, therefore, that the pre-qualification testing
program for retread tires is not necessary. Furthermore, GSA
understood that the Department of Transportation was
considering the establishment of safety standards for non-
passenger retread tires.
The conferees believe that GSA should continue to publish
the qualified product listing for retread tires until April 3,
1997. During this time GSA should share with the Department of
Transportation its testing information to facilitate the
development of the Department of Transportation standards for
non-passenger retread tires.
General Services Administration
office of inspector general
The conference agreement provides $33,863,000 for the
Office of Inspector General.
general provisions--general services administration
The conference agreement does not repeal, as requested by
the Administration, a previous provision which requires GSA to
hire 1,000 employees as Federal Protective Service Officers.
Sec. 404. The conference agreement includes a provision
which limits funding for courthouse construction if the
projects do not meet standards of a capital improvement plan
which has been developed by GSA, OMB, and the Judicial
Conference. The provision also requires a standardized
courtroom utilization study for each of the Courthouse projects
included in the 1998 budget request.
The conference agreement does not include a provision
which requires the Woodrow Wilson Center to pay the same rent
per square foot as is paid by other Federal agencies for space
it will occupy at the Ronald Reagan Federal Building.
Sec. 405. The conference agreement includes a provision
which states that no funds may be used to increase the amount
of occupiable square feet, provide cleaning services, security
enhancements, or any other service usually provided, to any
agency which does not pay to GSA the rent amount requested by
the Administration.
Sec. 406. The conference agreement includes a provision
which ensures the materials used for the facade on the U.S.
Courthouse Annex in Savannah, Georgia are compatible with the
existing building.
Sec. 407. The conference agreement includes a provision
which authorizes GSA to accept and retain income to offset the
cost of flexiplace work telecommuting centers.
The conference agreement does not include a provision
repealing the termination of office and staff support to former
Presidents.
Sec. 408. The conference agreement includes a provision
which directs the Administrator of General Services to purchase
a specific site for the location of the law enforcement center
in Portland, Oregon.
Sec. 409. The conference agreement includes a provision
which conveys property at the Iowa Army Ammunition Plant.
The conference agreement does not include a provision
which would authorize GSA to conduct a pilot program which
would provide FTS2000 service to up to 10 State governments
under certain conditions.
Sec. 410. The conference agreement includes a provision
which conveys property located in Hopewell Township,
Pennsylvania.
Sec. 411. The conference agreement includes a provision
which prohibits the government condemnation of property in
Denver, Colorado, without the consent of the owner.
Merit Systems Protection Board
salaries and expenses
Including Transfer of Funds
The conference agreement provides $23,923,000 for the
salaries and expenses of the Merit Systems Protection Board
including $626,000 for merit systems studies. The Committees
are concerned that there is not a sufficient demand for such
studies to justify a permanent staff. The conferees therefore
direct that the MSPB prepare a report as to how this issue can
be addressed while completing the necessary work of the board.
National Archives and Records Administration
operating expenses
The conference agreement provides $196,963,000 for
operating expenses of the National Archives and Records
Administration (NARA).
National Archives and Records Administration
(Rescission)
The conference agreement includes no rescission for the
National Archives and Records Administration.
National Archives and Records Administration
Archives Facilities and Presidential Libraries
Repairs and Restorations
The conference agreement provides $16,229,000, including
up to $4,000,000 for the Truman Library and up to $4,000,000
for the FDR Library.
The conferees are aware that significant funds will be
needed in the future for continued maintenance and repair of
Presidential Libraries. The conferees understand that private
funds support, in part, each Library. However, these funds are
traditionally not used to offset the cost of maintenance and
repair. The NARA should pursue private sector financial
assistance, which would then supplement government funding, for
the repair and restoration of the Presidential Libraries. The
conferees request the Archivist report to the House and Senate
Committees on Appropriations on the establishment of such an
arrangement for the Truman and Roosevelt libraries before funds
are expended for these facilities.
National Archives and Records Administration
National Historical Publications and Records Commission
Grants Program
The conference agreement provides $5,000,000 for the
NHPRC grants program.
Office of Personnel Management
Salaries and Expenses
Including Transfer of Trust Funds
The conference agreement provides $87,076,000 and
designates $1,000,000 for health promotion and disease
prevention programs; provides $94,736,000 for administrative
expenses; and provides $3,500,000 for the development of
automated retirement recordkeeping systems.
Office of Personnel Management
Revolving Fund
The conference agreement provides no funding for the
revolving fund of the Office of Personnel Management.
Federal Prescription Drug Plans
The conferees are concerned about significant benefit
changes that have been implemented under the Federal Employees
Health Benefit Program (FEHBP), including a 20 percent
copayment on retail pharmacy prescriptions provided under the
Blue Cross/Blue Shield plan for Medicare eligible retired
Federal employees. There is concern that the prescription
coverage change may have been implemented without adequate
notice.
The conferees expect that, in the future, OPM will
utilize cost management mechanisms so that disproportionate
cost containment requirements are not placed on retirees. OPM
should encourage all FEHBP plans to maximize savings to hold
down premiums in consultation with the pharmacy community,
public and private prescription drug benefit managers, and
schools of public health. These options, such as full
utilization of drug manufacturer rebates and generic drug
substitution, should help to preserve retiree and employee
choice in selecting where to purchase prescriptions.
The conferees believe that differences between the
copayments charged for retail and mail order pharmacy coverage
should reasonably reflect costs incurred by the health plan.
In addition to addressing these concerns, the conferees
direct OPM, at the conclusion of each year's negotiations with
FEHBP participating carriers, to provide a brief report to the
Congress on any benefit changes that will have a significant
impact on a broad segment of the enrollees. To the extent
practicable, and consistent with the need to protect
proprietary information, the report shall include for each
significant change: (1) the justification, (2) an analysis of
the costs and projected savings, and (3) the anticipated impact
on access to and quality of care. The report on changes
effective January 1, 1997 should be submitted within 30 days of
enactment to the appropriate committees of Congress.
Finally, as requested in the House report, the conferees
direct OPM to require a standard, easily readable notice on the
front of each plan brochure that says ``FOR CHANGES IN BENEFITS
SEE PAGE XXX'' or some similar message directing readers to the
page where changes are highlighted.
General Provisions--Office of Personnel Management
Sec. 422. The conference agreement allows agencies to
advance employee FEHBP premiums for employees on leave without
pay.
Office of Special Counsel
Salaries and Expenses
The conference agreement provides $8,116,000 and denies
the requested increase of seven FTE.
United States Tax Court
Salaries and Expenses
The conference agreement provides $33,781,000 for
salaries and expenses.
TITLE V--GENERAL PROVISIONS--THIS ACT
The conference agreement deletes House language regarding
employment of certain categories of Federal employees within
GSA as this provision is now permanent law.
Sec. 516. The conference agreement prohibits increases in
travel funds for agencies without appropriate committee action.
Sec. 521. The conference agreement provides that personal
services contractors employed by the Department of the Treasury
shall be considered as Federal employees for purposes of making
available Federal employee health and life insurance to all
employees, not just overseas.
Sec. 522. The conference agreement includes a provision
which addresses political appointees at the U.S. Mint.
The conference agreement deletes a House provision
providing voluntary separation incentive payments for employees
of the U.S. Agency for International Development.
The conference agreement deletes House language stating
that laws governing procurement and public contracts shall not
be applicable to the BEP.
The conference agreement deletes House language
establishing a demonstration project pursuant to Title 5
authorities to test alternative management systems of the U.S.
Mint.
Sec. 526. The conference agreement provides for
reimbursement of certain legal expenses incurred by former
White House Travel Office employees and denies reimbursement of
attorney fees or costs incurred with respect to any
Congressional hearing or investigation into the termination of
employment.
The conference agreement does not include language
providing for the minting of coins at the Mint in West Point,
New York.
Sec. 528. The conference agreement provides for the
closure of the alley located next to the new U.S. Secret
Service Headquarters.
The conference agreement does not include language
authorizing the continuation of the Advisory Commission on
Intergovernmental Relations.
Sec. 529. The conference agreement authorizes certain
changes to the commemorative coin program.
TITLE VI--GENERAL PROVISIONS
Sec. 608. The conference agreement modifies language
proposed by the House to allow agencies to finance the costs of
recycling and waste prevention programs with proceeds from the
sale of materials recovered through such programs.
Sec. 613. The conference agreement includes language
providing Federal Executive Boards the ability to expend funds.
Sec. 626. The conference agreement includes language
extending the date for mandatory use of FTS2000 to December 31,
1998.
Sec. 632. The conference agreement includes language
naming the U.S. Courthouse currently under construction in
Portland, Oregon for Senator Hatfield.
The conference agreement deletes House language allowing
Federal employees to represent the views of employee
organizations before government agencies. This is now current
law.
Sec. 633. The conference agreement allows the surviving
child of an annuitant whose annuity terminated due to marriage
to be restored after dissolution of that marriage, and to
enroll in a health benefits plan if that surviving child had
been enrolled in such a plan immediately prior to termination
of benefits.
Sec. 634. The conference agreement allows employees that
are involuntarily separated due to a reduction in force to use
annual leave to qualify for an immediate retirement annuity if
using that leave would be sufficient to allow the employee to
qualify for such a benefit.
Sec. 636. The conference agreement allows employees of
legislative agencies to be reimbursed for up to one half of the
cost of professional liability insurance.
Sec. 637. The conference agreement provides that no pay
adjustments under the Ethics Reform Act of 1989 shall take
effect in fiscal year 1997.
Sec. 638. The conference agreement includes a new
provision regarding FSLIC, authorizing reimbursement to the
Department of Justice for litigation expenses in claims against
the U.S.
The conference agreement deletes House language capping
the number of political appointees in the Executive Branch at
2,300.
Sec. 639. The conference agreement allows the NARA to
recoup up to 50 percent of recycling savings of the Federal
Register during calendar year 1996.
Sec. 640. The conference agreement requires executive
branch agencies to utilize the private sector to review and
analyze issues subject to title LI of the National Defense
Authorization Act of 1996.
Sec. 641. The conference agreement authorizes
appropriations for the Merit Systems Protection Board.
Sec. 642. The conference agreement authorizes
appropriations for the Office of Special Counsel.
Sec. 643. The conference agreement makes technical
modifications to the National Commission on Restructuring the
IRS.
Sec. 644. The conference agreement allows for a pay raise
for the U.S. Postal Service Board of Governors.
Sec. 645. The conference agreement requires the OMB to do
an accounting statement and associated report on the cumulative
costs and benefits of Federal regulatory programs.
Sec. 646. The conference agreement amends the Government
Management Reform Act of 1994 to extend OMB's authority to
streamline financial management reporting through December 31,
1999.
Sec. 647. The conference agreement authorizes the
Secretary of HHS to transfer the Perrine Primate Center to the
University of Miami, subject to certain conditions.
Sec. 648. The conference agreement amends Title 18 to
prohibit the fraudulent production, sale, transportation, or
possession of fictitious items purporting to be valid financial
instruments of the U.S., foreign governments, States, political
subdivisions, or private organizations, and to increase the
penalties for counterfeiting violations.
Sec. 649. The conference agreement provides that no funds
may be expended to provide an employee's home address to a
labor organization except when the employee has authorized such
a disclosure or such disclosure has been ordered by a court of
competent jurisdiction.
The conference agreement does not include language on the
use of funds for commercially available property.
Sec. 650. The conference agreement requires Inspectors
General to investigate the use of Administrative Uncontrollable
Overtime.
Sec. 651. The conference agreement provides a $10,000
death gratuity to the personal representative of any civilian
employee whose death resulted from an injury sustained in the
line of duty on or after August 2, 1990.
Sec. 653. The conference agreement authorizes the
Secretary of the Treasury to establish scientific certification
standards for explosives detection canines.
The conference agreement does not include language
expressing the sense of the Senate to fully support the U.S.
negotiator's position in the Framework Agreement on autos and
auto parts with Japan.
The conference agreement does not include language
directing all Federal agencies to take all actions necessary to
reduce energy costs of facilities or enter into energy savings
performance contracts with the private sector.
Sec. 654. The conference agreement establishes a national
repository for information on explosives incidents and arson.
Sec. 655. The conference agreement extends the term of a
member of the Morris K. Udall Scholarship Board after the
member's term has expired until a successor is chosen.
Sec. 656. The conference agreement directs the Secretary
of Interior to transfer excess portable housing units from the
Grand Forks Air Force Base to Indian tribes in North and South
Dakota.
Sec. 657. The conference agreement amends Title 18 to
make the possession of a firearm in a school zone unlawful.
Sec. 658. The conference agreement amends Title 18 to
deprive individuals convicted of a crime involving domestic
violence of the right to own a firearm.
The conference agreement does not include the sense of
the Senate in support of new border station construction in
Laredo, Texas.
Sec. 659. The conference agreement includes language
creating additional investment funds for Federal employees
participating in the Thrift Savings Plan.
Sec. 660. The conference agreement includes language on
interagency financing of the National Bioethics Advisory
Commission.
Sec. 661. The conference agreement designates a
courthouse in Omaha, Nebraska as the Roman L. Hruska United
States Courthouse.
Sec. 662. The conference agreement includes legislative
provisions creating a new Office of the Inspector General for
the United States Postal Service.
Sec. 663. The conference agreement allows employees to
receive voluntary separation incentive payments.
TITLE VII--SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1996
The Committees have agreed to strike all supplemental
appropriations and rescissions for the fiscal year ending
September 30, 1996, since supplemental appropriations have
already been provided for the church fire investigations of the
ATF through the fiscal year 1997 Appropriations Act for the
Department of Agriculture and Related Agencies.
TITLE VII--COUNTER-TERRORISM AND DRUG LAW ENFORCEMENT
The conference agreement provides that all funding in
Title VII shall be considered an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
The conference agreement provides an additional $288,000
to the Office of Foreign Assets Control, as requested by the
Administration, to expand federal activities directed toward
the seizure and control of assets of foreign terrorists and
their sponsoring organizations.
Office of Inspector General
salaries and expenses
The conference agreement includes $34,000 requested by
the Administration for facility security for the Office of
Inspector General.
Departmental Offices
counterterrorism fund
The conference agreement includes $15,000,000 requested
by the Administration for a counterterrorism fund to cover
extraordinary expenses related to any potential or future
terrorist incident.
Federal Law Enforcement Training Center
salaries and expenses
The conference agreement includes $1,354,000 requested by
the Administration to hire additional instructors and provide
training for additional law enforcement personnel.
Federal Law Enforcement Training Center
acquisition, construction, improvements, and related expenses
The conference agreement includes $2,700,000 requested by
the Administration to improve physical security at the two
training facilities operated by FLETC.
Financial Management Service
salaries and expenses
The conference agreement includes $449,000 requested by
the Administration for facility security for the Financial
Management Service.
Bureau of Alcohol, Tobacco and Firearms
salaries and expenses
The conference agreement includes a total of $66,423,000
for the Bureau of Alcohol, Tobacco and Firearms, as requested
by the Administration.
United States Customs Service
salaries and expenses
The conference agreement provides $62,335,000 for the
United States Customs Service, to be allocated at the
discretion of the Commissioner of Customs. The conference
agreement also allows the Customs Service to enter into
non-competitive co-operative agreements with air carriers,
airports or other cargo authorities to purchase and install
advanced air cargo inspection equipment for joint use.
Bureau of the Public Debt
administering the public debt
The conference agreement includes $161,000 requested by
the Administration for facility security for the Bureau of the
Public Debt.
Internal Revenue Service
processing, assistance, and management
The conference agreement includes $10,488,000 requested
by the Administration for facility security for the Internal
Revenue Service.
United States Secret Service
salaries and expenses
The conference agreement includes $3,026,000 requested by
the Administration for security-related upgrades to White House
facilities and equipment and to replace protective security
equipment lost in the crash of an Air Force cargo plane on
August 17, 1996.
General Provisions--Department of Treasury
The conference agreement does not include legislation
proposed by the Administration to require commercial air
carriers to provide electronic advance passenger and cargo
manifest data prior to entry or exit of aircraft. The
Committees note that such legislation deserves consideration by
the proper Committees of jurisdiction, and is far too important
and controversial to be included in this Act without
appropriate debate.
Office of Personnel Management
salaries and expenses
The conference agreement includes $210,000 requested by
the Administration for facility security for the Office of
Personnel Management.
FUNDS APPROPRIATED TO THE PRESIDENT
Federal Drug Control Programs
special forfeiture fund
The conference agreement provides $112,900,000 for the
activities of the Special Forfeiture Fund, of which $42,000,000
shall be transferred to the United States Customs Service for
conversion of one P-3AEW aircraft, $10,000,000 shall be used by
the Office of National Drug Control Policy for methamphetamine
reduction efforts, and $60,900,000 shall be available to the
Director of the Office of National Drug Control Policy to be
used at his discretion.
TITLE VIII--ADDITIONAL GENERAL PROVISIONS
The conference agreement deletes House language
prohibiting expenditures under the Federal Employees Health
Benefits Plan to health care plans that provide incentives to
physicians to use low-cost methods for health care treatment.
The conference agreement includes a new title, the
``Federal Financial Management Improvement Act of 1996.''
TITLE IX--UNITED STATES COURTHOUSE
The conference agreement includes language naming the
U.S. Courthouse currently under construction in Portland,
Oregon the ``Mark O. Hatfield United States Courthouse'' in
Title VI general provisions.
TITLE X--FEDERAL FINANCIAL MANAGEMENT IMPROVEMENT
The conference agreement includes, under Title VIII, any
language establishing uniform accounting systems, standards,
and reporting systems in the Federal government.
DIVISION A--CONTINUED
TITLE II--ECONOMIC GROWTH AND REGULATORY PAPERWORK REDUCTION
Title II of the conference report makes a number of
changes to Federal banking laws in order to remove unnecessary
and redundant regulations imposed on the nation's financial
institutions without affecting safety and soundness or consumer
protections. The title also provides clarity as to when and to
what extent lenders and fiduciaries are liable under Federal
environmental laws. In addition, Title II makes a number of
reforms to the Fair Credit Reporting Act and provides new
consumer protections with regard to the credit repair industry.
Finally, the title calls for the capitalization of the Savings
Association Insurance Fund (SAIF) through a one-time assessment
on deposits insured by the SAIF.
Subtitle A--Streamlining the Home Mortgage Lending Process
Subtitle A substantially amends the two Federal laws that
directly affect the home mortgage lending process: The Truth in
Lending Act and the Real Estate Settlement Procedures Act.
These laws require disclosures related to the terms of a
mortgage agreement. The sections in this subtitle modernize
these home lending acts to reflect the technological
developments in the current marketplace and to eliminate
unnecessary burdens.
Subtitle B--Streamlining Government Regulation
Subtitle B contains provisions intended to eliminate or
revise various application, notice and recordkeeping
requirements that are currently required of insured depository
institutions or holding companies that control such
institutions. These provisions provide significant regulatory
relief by eliminating costly and time consuming paperwork for
banks and savings associations, without sacrificing safety and
soundness.
Subtitle C--Regulatory Impact on Cost of Credit and Credit Availability
Subtitle C amends various laws and regulations that
impose limitations on the manner in which depository
institutions, and other financial intermediaries, conduct their
business.
Subtitle D--Consumer Credit
Subtitle D includes ``The Consumer Credit Reporting
Reform Act'' and the ``Credit Repair Organizations Act.'' The
Consumer Credit Reporting Reform Act amends the Fair Credit
Reporting Act to address a number of problems that have arisen
since its enactment. Many of these problems are a result of
ambiguities in the statute; other problems have arisen as the
credit reporting industry has grown in the wake of information
technology advances that have occurred over the last twenty
years. The Credit Repair Organizations Act provides new
consumer protections with regard to the credit repair industry.
Subtitle E--Asset Conservation, Lender Liability, and Deposit Insurance
Protection
This subtitle incorporates the ``Asset Conservation,
Lender Liability, and Deposit Insurance Protection Act.'' It
amends Federal environmental laws to clarify the liability of
lenders and fiduciaries for environmental clean-up of property
that secures financing.
Subtitle F--Miscellaneous
Subtitle F includes a number of regulatory
clarifications, studies and statutory improvements that are
intended to provide more cost-effective delivery of financial
services.
Subtitle G--Deposit Insurance Funds
Subtitle G incorporates the ``Deposit Insurance Funds Act
of 1996'', which provides for the capitalization of the savings
association insurance fund (SAIF) to its designated reserve
ratio. The SAIF insures the deposits of savings associations
and is administered by the Federal Deposit Insurance
Corporation. Under this subtitle the FDIC is given the
authority to assess a one-time special assessment on all SAIF-
insured deposits, including those held by SAIF members and
those banks which have purchased SAIF deposits.
In addition, effective January 1, 1997, the assessment
base for payments on the interest on obligations issued by the
Financing Corporation (FICO) is to be expanded to include all
FDIC-insured institutions, i.e., banks and thrifts. Beginning
January 1, 1997 and ending December 31, 1999, banks will pay a
FICO-assessment rate one-fifth of that paid by thrifts. After
December 31, 1999, banks and thrifts will pay the $780-$800
million FICO interest obligation on a pro rata basis.
Subtitle G raises $3.1 billion in Fiscal Year 1997.
DIVISION A--CONTINUED
TITLE III--SPECTRUM ALLOCATION PROVISIONS
Section 3001 of Title III requires the Federal
Communications Commission (the Commission) to assign by means
of competitive bidding, consistent with international
agreements, licenses for wireless subscription services for
portions of the electromagnetic spectrum located at 2305-2320
megahertz and 2345-2360 megahertz. The Commission, in adopting
procedures for the assignment of licenses in this band, must:
(1) seek to promote the most efficient use of the spectrum; and
(2) take into account the needs of public safety radio
services. The Commission must also commence the competitive
bidding for the assignment of the licenses for these
frequencies by April 15, 1997. In order to meet the deadlines
imposed by this section, the FCC is permitted to waive certain
statutory notice and comment timetables. All revenue generated
from the assignment of such licenses must be collected and
deposited in the U.S. Treasury by September 30, 1997. The
requirements of this section apply only to the assignment of
licenses for the specified frequencies. Nothing in this section
shall be interpreted as a change of current policy governing
competitive bidding for spectrum for any frequencies other than
those specified in this section.
DIVISION A--CONTINUED
TITLE IV--ADJUSTMENT OF PAYGO BALANCES
Section 252 of the Balanced Budget and Emergency Deficit
Reduction Act (Deficit Control Act), establishes procedures to
assure that tax and entitlement legislation does not increase
the deficit. As part of these procedures, the Office of
Management and Budget (OMB) maintains a scorecard (PAYGO
scorecard) that shows the savings and costs of all tax and
entitlement legislation. A large amount of savings has been
credited to the PAYGO scorecard as a result of legislation
passed by this Congress.
One of the largest components of the current PAYGO
balance is the savings from the welfare reform bill, which the
Office of Management and Budget estimates at $3.9 billion in
fiscal year 1997.
The conference agreement requires the Directors of OMB
and the Congressional Budget Office to reduce to zero the PAYGO
balance for fiscal year 1997 if the balance for that fiscal
year does not show an increase in the deficit. The adjustments
are to be made the day after OMB issues a final sequester
report (which is 15 days after the end of the second session).
DIVISION A--CONTINUED
TITLE V--ADDITIONAL APPROPRIATIONS
CHAPTER 1
Department of Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies
Department of Agriculture
cooperative state research, education, and extension service
extension activities
The conference agreement provides an additional $753,000
to maintain cooperative extension work at the 1890's colleges
and Tuskegee University at the fiscal year 1996 funding level.
natural resources conservation service
watershed and flood prevention operations
The conference agreement provides an additional
$63,000,000 for emergency assistance to communities to reduce
hazards to life and property in watersheds damaged by
Hurricanes Fran and Hortense and other natural disasters.
Emergency work includes opening dangerously restricted channels
and waterways, repairing diversions and levees, and controlling
erosion on denuded, steep slopes. The entire amount has been
designated as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Farm Service Agency
emergency conservation program
The conference agreement provides an additional
$25,000,000 for emergency assistance to farmers and ranchers
whose farmland was damaged as a result of flooding and wind
damage from Hurricanes Fran and Hortense and other natural
disasters. Funds will be used for cleaning debris from fields,
mending fences, land shaping and grading, and restoring
conservation structures. The entire amount has been designated
as an emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
CHAPTER 2
District of Columbia
education facilities improvement in the district of columbia
The conferees are extremely concerned about the severe
mismanagement of the District of Columbia Public School System.
A breakdown in oversight and accountability has occurred at the
expense of the children in this city and strong and immediate
action must be taken to reverse this situation. The conferees
anticipate that the Financial Responsibility and Management
Assistance Authority (control board) will take such action to
improve the management of the District of Columbia Public
Schools. The conferees, however, also believe that as such
action is taken, the well being of school children in the
Nation's Capital must be of paramount concern and that these
children must be able to attend public schools that are safe
and free of facility deficiencies that could lead to their
closure and consequent disruption of the children's educational
progress. In addition, the conferees believe that the District
of Columbia Public School system has demonstrated that it is
unable to effectively manage school facility improvements.
The conference agreement, therefore, inserts a new
section 5201 under chapter 2 that transfers or reallocates an
estimated $40,700,000 from the District of Columbia Public
School system to the control board, for the purposes of this
section, from operating funds appropriated, and capital
financing authority provided, in previous appropriations Acts.
An estimated $12,000,000 is also made available for the
purposes of this section under section 101(e) of Title I of
Division A of this Act, which includes language that provides
for the reorganization of the Student Loan Marketing
Association (Sallie Mae) and the privatization of the College
Construction Loan Insurance Association (Connie Lee). The
amounts and proceeds from the reorganization and privatization
are to be deposited into an account established by the control
board, with an estimated $7,000,000 in proceeds from Connie Lee
reserved for school facility improvements and an estimated
$5,000,000 from Sallie Mae made available for this purpose.
The conferees direct the General Services Administration
(GSA) to provide program management services to assist in the
short-term management of the repairs and capital improvements
for the District of Columbia Public Schools. The conferees
expect that the program management services will include
planning, design, construction and program oversight, and
include identifying strategies, resources, and priorities for
the improvements. Within 30 days of the enactment of this Act,
the conferees direct the GSA to develop a program management
plan, in consultation with the District of Columbia Public
Schools and the District of Columbia Council, subject to
approval by the control board within no more than 15 days after
receipt of the program management plan, and subsequent approval
by the House and Senate Appropriations Committees. The
conferees expect that the GSA's program management services
will be provided primarily through private contractors and that
GSA's services will be carried out until an agency or
authority, created pursuant to section 2552(a)(2) of Public Law
104-134, is authorized to carry out this program management
function on a continuing basis. The conferees further expect
that any unexpended financing or appropriations, authorized by
this Act, will be transferred from the control board to the
agency or authority created pursuant to section 2552(a)(2) of
Public Law 104-134.
The conferees direct the control board to use the funds
made available for repairs and capital improvements at those
schools deemed by the control board, in consultation with the
General Services Administration and the District of Columbia
Public Schools and the District of Columbia Council, to have
the most immediate facility improvement needs and that are
necessary to retain in the inventory of public school
buildings.
The conferees are committed to ensuring that school
children in the District of Columbia are able to attend schools
that are safe and free of facility deficiencies that could lead
to their closure and consequent disruption of the children's
educational progress. Accordingly, the conferees intend to
carefully monitor the progress of facility repairs and will
consider providing additional funds in a supplemental
appropriation. In the interim period, the conferees encourage
the control board to examine the need for reprogramming of
funds to address school facility deficiencies.
Miscellaneous Provisions
The conference action inserts a new section 5202 that
waives the 30-day congressional review period for the
District's General Obligation Bond Act of 1996 (D.C. Bill 11-
840). This waiver will permit the District government to go to
the private market to sell long-term bonds to finance the
city's capital program.
The conferees have included in section 5203 several
clarifications to Public Law 104-8, the District of Columbia
Financial Responsibility and Management Assistance Act which
created the control board. Subsection (a) clarifies that the 7-
day review period for acts passed by the Council shall begin on
the first business day after the acts are received by the
control board. In addition, the subsection clarifies that
Saturdays, Sundays and legal holidays are not to be counted in
the 7-day review period. Subsection (b) provides that a fine of
not more than $1,000 or imprisonment for not more than one
year, or both, shall be imposed for a criminal misdemeanor for
failure to obey a valid order of the control board and for
presenting false or misleading information to the control board
or failing to correct such information once it is learned that
it is false or misleading. Subsection (c) waives a section of
the Federal Privacy Act that was inadvertently omitted in the
initial legislation relating to the authority of the control
board to secure whatever information it needs to carry out its
duties. Subsection (d) permits the control board to review the
District government's rule-making which is comprehensive and
far reaching and can carry significant financial costs and
burdens. This review is consistent with the control board's
review of leases and contracts. Subsection (e) clarifies that
borrowings by the District government under section 204 of
Public Law 104-8 shall be deposited into an escrow account held
by the control board and allocated by the control board.
Subsection (f) provides the control board with rule-making
authority to carry out the purposes of Public Law 104-8 and
waives all judicial review as to the authority of the control
board to issue orders, rules, or regulations but does not waive
judicial review as to the content of the orders, rules, or
regulations.
The conference action inserts a new section 5204 that
prohibits the use of funds to pay the salaries or costs of
individuals or contractors whose services are no longer
required as determined by the control board.
School Reform Act Amendments
The conference action inserts a new section 5205 that
amends the District of Columbia School Reform Act of 1995 that
was approved as title II of the District of Columbia
Appropriations Act, 1996 (Public Law 104-134). These amendments
are intended to clarify and strengthen certain provisions of
the Act as well as add new provisions that support
implementation of the Act. Language is included by the
conferees that prohibits charter applicants from applying to
more than one chartering entity or filing more than one
application in any one year. The conferees have also agreed to
language that clarifies situations in which a charter
petitioner does not already possess one or more facilities for
the proposed school. Under such conditions, which are common
when new schools rather than conversions are proposed, the
chartering authority may only grant a conditional charter until
such time as the petitioner secures appropriate facilities.
Approval of charter petitions is to be determined on the basis
of the objective criteria described in section 2203(d).
Previously, the statute may have been interpreted to permit
denials of charter petitions regardless of the statutory
criteria and merit of the petition. In response to the strong
interest in charter schools evidenced by many in the local
community, the total number of charter schools that may be
approved in any one year by a chartering authority is also
increased from five to ten schools. However, if one chartering
entity does not approve a full complement of ten charters,
another chartering entity may approve additional charters up to
a combined total ceiling of twenty in one year.
The experience of charter schools in other states has
shown that securing adequate facilities and start-up capital
are the greatest hurdles faced by new charter schools. Several
amendments are intended to assist in addressing this obstacle.
First, charter schools are to be given preference in the lease
or disposition of school buildings no longer in use as District
public schools. Second, in order to permit charter schools to
secure affordable ten to fifteen year loans for the purchase or
renovation of school buildings, the duration of charters is
extended to fifteen years from five years. However, a review to
decide whether a charter should be revoked must still be
conducted at least once every five years.
The conferees have included language that imposes
specific deadlines for all nominations by the Secretary of
Education to the charter board. The new provisions ensure that
no vacancies of substantial length will occur on the board.
Subsection (h) makes a technical correction to the code
citation included in section 148 of the District of Columbia
Appropriations Act, 1997 (Public Law 104-194), concerning
exclusions to the waivers granted under section 2561(a) of the
School Reform Act. The correct citation is 40 U.S.C. 276a
instead of 40 U.S.C. 267a. In addition, subsection (h)
clarifies that ``other civil rights standards'' are not waived
under section 2561(a).
Disposition of School Property
The conference agreement includes language in section
5206 that transfers jurisdiction over certain closed public
school facilities to the control board for disposition. During
the past few years, the District's Board of Education has
closed 22 public schools and transferred those properties to
the Mayor for disposition. The properties represent not only
millions of dollars in potential revenue that could be used for
the repair and renovation of existing public schools, but also
a promising source of housing for public charter schools. Yet
the District government has been slow to act on their
disposition.
Language agreed to by the conferees will transfer
jurisdiction over these properties to the control board if the
control board determines that the Mayor has not achieved
substantial progress in disposing of these properties within 90
days of the enactment of this Act. If the control board, in its
judgment, finds that the Mayor is acting with diligence, the
control board should take that into consideration before
exercising its authority. To ensure that disposition of the
properties is consistent with the educational objectives and
long-term facilities requirements of the school system, the
conferees direct the control board to consult with education
leaders, elected officials, and community groups involved in
planning for the independent school facilities authority
envisioned in the District of Columbia School Reform Act of
1995. In addition, the conferees direct the control board to
consult with the House and Senate Appropriations Committees
before disposing of any properties under this section.
CHAPTER 3
Energy and Water Development
Department of Defense--Civil
Department of the Army
corps of engineers--civil
operation and maintenance, general
The conference agreement includes $19,000,000 for the
Corps of Engineers to repair damages resulting from Hurricane
Fran and its aftermath, including high-priority emergency
dredging and debris removal in critical waterways.
CHAPTER 4
Legislative Branch
The conference agreement includes $3,500,000, the entire
amount offset by rescissions of funds, for the design and
installation of security systems for Capitol buildings and
grounds. Of this amount, $3,250,000 is made available to the
Capitol Police Board to supplement funds already transferred to
the Board for the same purpose by Section 308 of Public Law
104-53, the fiscal year 1996 Legislative Branch Appropriations
Act. These funds may not be obligated, except for minor
expenditures, without the approval of the House and Senate
Appropriations Committees. Obligations specifically earmarked
for use or application only in one or the other body require
approval only by the appropriate appropriations committee. In
addition, $250,000 has been provided to the Architect of the
Capitol to assist the Capitol Police Board in carrying out this
project.
This funding is based on recommendations contained in
studies performed for the Capitol Police Board by recognized
experts in the field. Some of the projects identified include
improving the duress alarm system, modernizing the command and
control center, and various security-grade detection and
protection items. Pursuant to Section 308(b) of P.L. 104-53,
any alteration to a structural, mechanical, or architectural
feature of the Capitol buildings or grounds may be carried out
only with the approval of the Architect of the Capitol.
To insure the most efficient and effective use of funds
provided for security projects for the Capitol buildings and
grounds, and to obtain the benefits of the professional
expertise of the respective agencies involved, the Capitol
Police and the Architect of the Capitol are directed to enter
into a memorandum of understanding, subject to the approval of
the Capitol Police Board, to delineate the process for
implementing security projects. Finally, the Capitol Police
Board is reminded that current procedures and statutory
requirements should be followed in securing approvals for
alterations or other modifications in the Capitol complex.
The conference agreement also extends the availability of
$650,000 of fiscal year 1996 Senate office building funds until
September 30, 1997, for furniture, furnishings, and equipment
for the Senate employees' child care center. A general
provision has been included to reauthorize the Congressional
Award Program through October 1, 1999. Also, section 5402 names
the Founders Hall instructional area in the House of
Representatives Page School, located in the Thomas Jefferson
Building of the Library of Congress, as ``Bill Emerson Hall''
in tribute to the Honorable Bill Emerson, late a Representative
from the State of Missouri, for his devotion to the Page
program and its participants.
CHAPTER 5
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
The conference agreement provides total funding of
$226,600,000 for additional safety and airport security
activities of the Federal Aviation Administration (FAA). This
includes $197,600,000 for airport security improvements and
related research and $29,000,000 for hire of additional airline
safety inspectors and improvements in FAA's airline
certification and safety oversight process.
operations
(airport and airway trust fund)
The conference agreement includes $57,900,000 for
enhanced aviation safety and airport security activities around
the country. Through the combined efforts of Congress, the FAA,
airports, and airlines, the United States has achieved the
safest aviation system in the world today. However, changing
threats to aviation security indicate that FAA and the aviation
industry need to do more. To begin this effort, the bill
includes $18,000,000 for the FAA to hire 300 additional FAA
aviation security personnel, in order to establish special
security teams to aggressively test security measures at
individual airports. In addition, the bill includes $8,900,000
to establish 114 explosive detection K-9 teams at airports.
These dog and trainer teams will be used for tasks that include
inspection of suspicious baggage, cargo, as well as aircraft
and parked vehicles located on airport grounds. The conference
agreement also includes $5,500,000 to conduct periodic
vulnerability assessments and develop action plans for each
airport, in accord with models developed by Sandia National
Laboratory.
The conference agreement also includes $25,500,000 to
accelerate new initiatives in aviation safety, as follows:
Implementation of FAA ``Ninety Day Safety Study''....... $13,000,000
Hiring and training of additional aviation safety
inspectors.......................................... 2,500,000
Air traffic controller training contract................ 4,000,000
Contract weather observers.............................. 6,000,000
These funds will be used to hire approximately 146
additional safety inspectors and 74 administrative employees
which directly support the safety inspection mission. These 220
new positions are in addition to the 367 new positions included
in the Department of Transportation and Related Agencies
Appropriations Bill, 1997, and will provide a greatly increased
level of inspection activity in the wake of problems discovered
this year. Funds have also been included to accelerate the
hiring of safety inspector positions funded in the regular 1997
appropriations bill.
While no official budget proposal has been submitted for
these items, administration officials have conveyed their
support for additional funding. Given the urgent need, the
conferees direct FAA to fill these additional safety positions
as soon as possible and to report to the House and Senate
Committees on Appropriations by December 31, 1996 on the number
of positions filled and the hiring plan for remaining
vacancies.
The conference report contains $10,000,000 for air
traffic contract support, including $4,000,000 for controller
training and $6,000,000 for additional contract weather
observers. These funds will provide for a more effectively
trained controller workforce and will help relieve controllers
from added duties related to weather observation, raising the
level of aviation safety.
facilities and equipment
(airport and airway trust fund)
The conference agreement includes $144,200,000 for
explosive detection devices and other advanced security
equipment to improve security at our nation's airports. The
conferees believe it is imperative that FAA expeditiously field
these systems to reduce the threat of terrorist action and gain
experience so that existing protocols and standards be further
strengthened.
In addition, the conference agreement includes $3,500,000
for accelerated development and deployment of the On-Line
Aviation Safety Information System (OASIS), a computerized
system for aviation safety inspectors in the field. This system
will improve the efficiency and effectiveness of FAA safety
inspections.
research, engineering, and development
(airport and airway trust fund)
The conference agreement includes $21,000,000 for
increased airport security research and to conduct operational
testing of new trace explosive detection systems for documents
(e.g., boarding passes and passports) and passengers. This
raises existing funds for airport security research by
approximately 50 percent.
grants-in-aid for airports
(airport and airway trust fund)
(rescission of contract authorization)
The conference agreement rescinds contract authority that
is not available for obligation due to annual limits on
obligations.
Federal Highway Administration
highway-related safety grants
(highway trust fund)
(rescission of contract authorization)
The conference agreement rescinds contract authority that
is not available for obligation due to annual limits on
obligations.
federal-aid highways
(highway trust fund)
The conference agreement provides $82,000,000 in
additional funds for the emergency relief program in fiscal
year 1997 to repair highway damage resulting from the September
1996 hurricanes in the mid-Atlantic states, Puerto Rico, and
the Virgin Islands. These funds are also needed to meet
anticipated emergency needs in fiscal year 1997. These funds
have been designated as an emergency requirement pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Intelligent transportation systems.--Funds identified for
Mobile, Alabama advanced traffic management system in the
conference report accompanying H.R. 3675, the Department of
Transportation and Related Agencies Appropriations bill for
fiscal year 1997, shall be available for a mobile advanced
traffic management system in Montgomery, Alabama.
motor carrier safety grants
(highway trust fund)
(rescission of contract authorization)
The conference agreement rescinds contract authority that
is not available for obligation due to annual limits on
obligations.
National Highway Traffic Safety Administration
highway traffic safety grants
(highway trust fund)
(rescission of contract authorization)
The conference agreement rescinds contract authority that
is not available for obligation due to annual limits on
obligations.
Federal Railroad Administration
Northeast Corridor Improvement Program
The conference agreement provides $60,000,000 for the
Northeast Corridor Improvement Program.
direct loan financing program
The conferees recommend $58,680,000 for direct loans not
to exceed $400,000,000 consistent with the purposes of section
505 of the Railroad Revitalization and Regulatory Reform Act of
1976 to the Alameda Corridor Transportation Authority to
continue the Alameda corridor project. The administration
requested funding for this project. The bill also specifies the
terms and conditions of the loan payback and loan
administration.
The Alameda Corridor project consolidates 90 miles of
rail operations into a single 20-mile facility to provide rail
access to the ports of Los Angeles and Long Beach. The project
is to eliminate 200 at-grade crossings and widen Alameda
Street, which runs parallel to the rail corridor.
Disbursements of the loan shall be made over a three year
period. Both in fiscal years 1997 and 1998, no more than
$140,000,000 shall be made available. In fiscal year 1999,
$120,000,000 shall be made available for the project. These
disbursements are consistent with the corridor's planned
construction schedule.
grants to the national railroad passenger corporation
The conference agreement provides $22,500,000 to the
National Railroad Passenger Corporation for operating expenses
the Corporation will incur by keeping routes operational beyond
their planned termination dates. The routes proposed for
termination include the Desert Wind, the Gulf Coast Limited,
the Lake Shore Limited, the Pioneer, and the Texas Eagle.
Funding for these routes is only available until September 30,
1997. This funding level will support service until the
affected state legislatures have an opportunity to meet and
decide whether to ``buy back'' services, or take other action
necessary to permit the services to continue.
Federal Transit Administration
Discretionary Grants
(Limitation on Obligations)
(Highway Trust Fund)
Bus and bus-related facilities.--Funds made available for
Hood River, Oregon in the conference report accompanying H.R.
3675, the Department of Transportation and Related Agencies
Appropriations bill for fiscal year 1997, shall be available
for buses and bus-related facilities.
Research and Special Programs Administration
research and special programs
The conferees have provided $3,000,000 for ``Research and
Special Programs'' of which $2,500,000 shall be used to conduct
a transportation system vulnerability assessment and $500,000
shall be used to contract with the National Academy of Sciences
for an Advisory Committee on surface transportation security.
National Transportation Safety Board
Salaries and Expenses
The conferees have provided $6,000,000 to reimburse the
Department of the Navy and other agencies for the costs
incurred by these agencies in support of the recovery and
investigation of TWA Flight 800.
emergency fund
The conferees have provided $1,000,000 to replenish the
National Transportation Safety Board's emergency fund, which
was depleted by the agency's recovery of wreckage and
investigation efforts of TWA Flight 800.
GENERAL PROVISIONS
The conference agreement includes a provision that
establishes government-industry consortia at airports for
matters related to aviation security and safety.
The conference agreement includes a provision that makes
certain deteriorating highway conditions eligible for
Department of Transportation federal-aid highway emergency
relief funds in fiscal years 1996 and 1997.
The conference agreement includes a provision that makes
available $30,000,000 for highway construction from the Federal
Highway Administration's administrative takedown. Such funds
shall remain available until expended.
The conference agreement includes several provisions
relating to the conveyance of certain Coast Guard-owned parcels
within the State of Michigan.
CHAPTER 6
DEPARTMENT OF THE TREASURY
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
Community Development Financial Institutions Fund Program Account
The conference agreement provides an additional
$5,000,000 for the CDFI Fund, of which $850,000 is for direct
loan subsidies. The remaining amount is provided for assistance
to community development financial institutions.
Environmental Protection Agency
science and technology
The conference agreement includes an additional
$10,000,000 for the EPA science and technology account to carry
out the health effects research authorized pursuant to the Safe
Drinking Water Act Amendments of 1996, Public Law 104-182. The
Agency is directed to identify how these additional funds will
be spent in the 1997 Operating Plan.
environmental programs and management
The conference agreement includes an additional
$42,221,000 for environmental programs and management, of which
$2,000,000 is for Climate Change Action Plan programs. This
additional amount will provide for a total Climate Change
Action Plan program of $70,000,000 in fiscal year 1997. Also
within this total, $30,000,000 is for the additional
requirements related to the implementation of the Safe Drinking
Water Act Amendments of 1996, Public Law 104-182, and the Food
Quality Protection Act of 1996, Public Law 104-170. With regard
to implementing the new safe drinking water legislation,
Congress intended to allow for maximum state program
flexibility and design on source water protection, operator
certification, capacity development, and small system technical
assistance. EPA's guidance to the States should concentrate on
program and financial accountability, and the Agency should do
its utmost to encourage innovative state and local solutions
for protecting drinking water. With regard to the Food Quality
Protection Act, the Agency should direct its priorities to
those issues and regulations which are most important in
fulfilling the FQPA mandate to ensure improved safety of the
food supply. The conferees recommend that the Agency first
focus on addressing those scientific and regulatory policies
and other actions which have the largest implications for
infants, children and other at-risk populations. This should
include the approval of new pesticides and the review of
existing pesticides, as these are areas where the Agency may
best attain immediate risk reductions. The Agency is expected
to identify specifically how it will spend these funds in the
Operating Plan. Finally, the conference agreement also includes
$10,221,000 to support the collection of pesticide residue data
from industry and state sources for the Agency to utilize in
its risk assessment activities. The conferees note in this
regard that the recently authorized Food Quality Protection Act
mandates that residue data collection activities be improved
and that sampling of foods most likely consumed by infants and
children be increased. To this end, the conferees direct that
EPA enhance its in-house data collection abilities so as to
conduct this program in a manner which does not result in
transfer of these funds to any other federal agency. The
conferees further note that this funding is being provided for
transitional purposes only in the initial stages of
implementation of this new law, and expect that future funding
be provided by a more appropriate federal agency.
state and tribal assistance grants
The conference agreement includes an additional
$35,000,000 for EPA's state and tribal assistance grants. This
amount is intended to supplement the $40,000,000 provided in
the fiscal year 1997 VA-HUD and Independent Agencies
Appropriations Act for the continued wastewater needs in
Boston, Massachusetts, bringing the total amount specified for
this project in fiscal year 1997 to $75,000,000.
Federal Emergency Management Agency
salaries and expenses
The conference agreement includes an additional
$3,000,000 for FEMA salaries and expenses for counter-terrorism
activities, including consequence management planning and
coordination as well as Federal/State/local assessment,
training and exercises.
emergency management planning and assistance
The conference agreement includes an additional
$12,000,000 for FEMA's emergency management planning and
assistance account for counter-terrorism activities, including
consequence management planning and coordination as well as
Federal/State/local assessment, training and exercises.
national flood insurance fund
The conferees have agreed to the Administration's
supplemental request to increase borrowing authority for the
Federal Emergency Management Agency's National Flood Insurance
Program (NFIP) from $1,000,000,000 to $1,500,000,000, even
though there is to date no demonstrated need for this
additional authority. Although the current outstanding balance
of the program stands at just $626,000,000, concerns have been
expressed that additional costs associated with recent disaster
events as well as potential such events in the coming months
could possibly result in a specific need to increase the
borrowing authority above the $1,000,000,000 level. As raising
such authority above the existing dollar level can only be done
by Congress, the conferees have agreed to take this
precautionary measure at this time to foreclose the possibility
of a short-term cash flow difficulty throughout 1997.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Consumer Affairs
The conference agreement includes $1,500,000 for the
Office of Consumer Affairs. This amount should allow for
continuation of this agency's activities at fiscal year 1996
levels, with the exception of the production and distribution
of the Consumer Resource Handbook. The responsibility for
producing and distributing the Handbook was transferred to the
Consumer Information Center in the fiscal year 1997 VA-HUD and
Independent Agencies Appropriations Act. Termination of this
agency has been seriously considered in the past two fiscal
years due to the failure to submit detailed justification for
this expenditure or presentation of compelling evidence of
accomplishment. While extension of this entity for another year
is recommended, the conferees agree that any additional
expenditure for this purpose must be contingent upon a clear
demonstration that this agency is materially contributing to
the improvement of consumer interests not otherwise served by
other governmental and private entities.
National Aeronautics and Space Administration
science, aeronautics, and technology
The conference agreement includes an additional
$5,000,000 for NASA's science, aeronautics and technology
account. This amount is to be designated for the GLOBE program.
CHAPTER 7
Peacekeeping Operations
The conference agreement appropriates $65,000,000 for
peacekeeping operations.
Nonproliferation, Anti-terrorism, Demining and Related Programs
The conference agreement appropriates $18,000,000 for
anti-terrorism assistance which includes an additional
$2,000,000 for anti-terrorism assistance as requested by the
President on September 12, 1996.
Foreign Military Financing Program
(grant program)
The conference agreement appropriates $60,000,000 for
foreign military financing grant assistance.
DIVISION D--THE SMALL BUSINESS PROGRAMS IMPROVEMENT ACT OF 1996
The conference agreement includes a separate division
containing legislative language to make improvements to various
small business programs.
Section contains the short title of the Act, the ``Small
Business Programs Improvement Act of 1996''.
Except as specified herein, the explanation and intent of
title I and Sections 201 through 206 of title II are set forth
in House Report 104-750 accompanying H.R. 3719, the ``Small
Business Programs Improvement Act of 1996''.
Section 103. Section 7(a) Loan Program
Subsection (d) [Calculation of Subsidy Rate] adds a new
paragraph to Section 7(a) of the Small Business Act specifying
that all fees, interest, and profits generated from the
administration of the program shall be used to offset the
subsidy costs of the 7(a) program. This change is intended to
end the current practice in which the Small Business
Administration (SBA) utilizes funds derived from the program to
augment the appropriations provided to the Administration for
salaries and expenses.
Subsection (e) [Sale of Unguaranteed Portions of SBA
Loans] relates to the ability of lenders to securitize the
unguaranteed portion of their 7(a) loans. This provision would
change current practice in which bank lenders are prohibited
from securitizing the unguaranteed portion of their 7(a) loans.
In addition to providing equal treatment between bank and non-
bank lenders, this provision requires the SBA to set forth the
terms and conditions under which such sales will be permitted,
including the maintenance of appropriate reserve requirements
and other safeguards necessary to protect the safety and
soundness of the 7(a) program. Should the SBA fail to
promulgate a final regulation implementing this provision by
March 31, 1997, the authority to sell the unguaranteed portion
of 7(a) loans is suspended for all lenders until a final
regulation is published.
Subsection (g) [Plan for Transfer of Loan Servicing
Functions to Centralized Centers] requires a report to the
Congress on SBA's plans for completing consolidation of the
loan servicing functions into one or more centers. The SBA has
transferred approximately half of its loan servicing workload
from District offices to two loan servicing centers located in
Fresno, CA and Little Rock, AR. Reduced numbers of SBA field
personnel and increasing loan volume necessitates the prompt
completion of this consolidation effort. The SBA's report,
detailing plans for completing the loan servicing
consolidation, and any impediments to executing the
consolidation plan, shall be submitted to Congress by February
28, 1997.
Subsection (h) [Preferred Lender Standard Review Program]
establishes the requirement for the Administrator to design and
initiate a standardized program for the review of participants
in the Preferred Lender Program. The provision sets out minimum
standards for the contents and frequency of such reviews. This
standardized review process is necessary to effectively
evaluate the increasing number of participants in the program
and the quality of their loan underwriting and administration
practices.
Section 104. Disaster loans
Subsection (a) [Private Sector Loan Servicing
Demonstration Program] requires the SBA to solicit and award
one or more contracts to private sector firms for the servicing
of 30 percent of SBA's portfolio of residential disaster loans.
The specifications for the demonstration project, including the
submission of interim and final reports, are detailed in the
statutory language.
Section 105. Microloan Demonstration Program
This provision amends the authorizing statute for the
microloan program to permit the Administration to provide
funding to microloan intermediary lenders in excess of the
statutory formula. Specifically, whenever the Administration
determines during the fourth quarter of a fiscal year that the
funds appropriated for loans under the program are unlikely to
be awarded to intermediaries during that fiscal year, the
Administration may exceed the otherwise maximum allowable award
to an individual state.
Section 108. Small Business Competitiveness Demonstration Program
Subsection (a) [Extension of Demonstration Program]
provides for a one-year extension of the Small Business
Competitiveness Demonstration Program (SBCDP) through September
30, 1997. In addition, this subsection repeals Section 717(f)
of the program's authorizing statute which prohibited the SBA
from adjusting the numerical size standards for the four
designated industry groups participating in the SBCDP. It is
intended that the SBA will promptly initiate appropriate action
to adjust these size standards.
Subsection (b) [Reporting of Subcontract Participation in
Contracts for Architectural and Engineering Services] extends
the requirement to collect subcontracting data through
September 30, 1997. The description of the subcontracting data
collection effort is specified in the sections of House Report
104-750 pertaining to the SBCDP.
Subsection (c) [Reports to Congress] specifies the
reporting requirements relating to the SBCDP. A detailed
description of these requirements is set forth in House Report
104-750.
Section 110. STTR Program extension
This section extends the pilot Small Business Technology
Transfer Program through fiscal year 1997.
Title II--Amendments to Small Business Investments Act
Section 202. Modifications to Development Company Debenture Program
Subsection (b) [Guarantee Fee for Development Company
Debentures] amends Section 503(b)(7)(A) of the Small Business
Investment Act to increase the fee to 0.9375 percent per year
of the outstanding balance of the loan, or a lesser percentage,
as determined by the Administration, so as to permit a $2
billion program level.
Subsection (e) [Calculation of Subsidy Rate] adds a new
Section 503(g) to the Small Business Investment Act specifying
that all fees, interest, and profits generated from the
administration of the programs under this Act shall be used to
offset the subsidy costs of these programs. This provision is
intended to end the current practice in which the SBA utilizes
funds derived from the programs to augment the appropriations
provided to the Administration for salaries and expenses.
Section 207. Sense of the Congress
This section expresses the sense of the Congress that the
subsidy models prepared by the Office of Management and Budget
(OMB) relative to the SBA's loan programs have tended to
overestimate potential loss risks and overemphasize historical
losses, while discounting the overall economic benefits of the
programs. The provision further expresses Congress' expectation
that the independent study required by Section 103(i) of this
Division will improve the validity of the OMB subsidy models.
Section 208. Small Business Investment Company Improvements
Definitions
The definition of ``small business concern'' is amended
to make clear that investments from venture capital firms or
pension plans in smaller businesses do not affect the small
business' size standard as set forth under the Small Business
Act.
A new term, ``smaller enterprise'' is included in the
Act. A smaller enterprise is a business with net financial
worth no greater than $6 million and an average net income of
no more than $2 million, or that satisfies the SIC code size
standards established by SBA.
``Qualified non-private funds'' are defined as funds
invested by state or local governments in SSBIC's. The bill
limits the amount of qualified private, non-private funds that
can be included in the private capital of an SBIC. No more than
33% of private capital can be qualified non-private funds.
For the first time, the Small Business Investment Act is
amended to include ``limited liability company'' as one of the
business entities that can qualify to be an SBIC. Current
statute allows corporations and partnerships to be SBICs. The
``limited liability company'' is a relatively new business
entity that is being organized for raising venture capital.
Organization of small business investment companies
This bill includes provisions to speed up the processing
of applications from business entities who want to be licensed
by SBA as an SBIC. It requires SBA to provide the applicant
with a written report detailing status of the application
within 90 days of receipt of the application. In addition it
states that no application can be denied because Congress has
not appropriated sufficient funds to meet leverage demands.
This section also permits SBA to approve a new license
applicant which has not less than $3 million in private capital
so long as the applicant meets all other licensing
requirements. Once approved as a licensee, however, the SBIC
would not be eligible for leverage until its private capital
reaches $5 million.
Section 301(d) of the Small Business Investment Company
Act of 1958 is repealed.
Capital requirements
Under this section, the minimum capital requirements for
new license applicants is increased. To be a debenture
licensee, new applicants must have $5 million in private
capital. To be a participating security licensee, new
applicants must have $10 million in private capital; however,
SBA is given the discretion to approve a participating security
applicant if it has less than $10 million but more than $5
million so long as SBA determines that approval of that
applicant would not create or otherwise contribute to an
unreasonable risk of default or loss to the federal government.
This section also grandfathers existing licensees in the
program and includes provisions under which they will be exempt
from the increased capital requirement. Existing licensees that
do not meet the new, increased capital requirements will
continue to be eligible for leverage, based upon the exercise
of SBA discretion. Any licensee which continues to receive
leverage under this exemption must certify that 50% of its
aggregate dollar investments are going to smaller enterprises.
The section directs SBA to ensure that each licensee
licensed after enactment of this bill maintains diversification
between the management and ownership of the licensee. This is a
safety and soundness measure designed to maintain independence
and objectivity in the financial management and oversight of
the investment and operations of the SBIC.
Borrowing
This provision requires SBA to regulate SBICs closely to
ensure that they do not incur excessive third party debt which
would create or contribute to an unreasonable risk of default
or loss to federal government. In addition, this provision
requires that each SBIC, regardless of its size, invest at
least 20% of its aggregate dollar investments in small
enterprises.
This section also requires SBA to ensure that no SBIC
receives leverage when it is under capital impairment. This
will be a judgment made by SBA in accordance with regulations
that take into consideration the nature of assets of the SBIC
and the amount and terms of any third party debt owed by the
SBIC.
This section also includes two increases in fees to be
paid by SBICs to SBA. First, SBICs would pay an annual charge
of 100 basis points on the value of all outstanding leverage
granted after the effective date. In addition, the non-
refundable up-front fee which is currently 2% would be
increased to 3% of new leverage amounts.
Liability of the United States
This section restates and clarifies the limits of
liability on SBA under this program.
Examinations; valuations
This is a section designed to improve the examination and
oversight function of SBA to enhance the safety and soundness
of the program. It requires each SBIC to adopt valuation
criteria set forth by SBA to be used for establishing the
values of loans and investments of each SBIC. This section
requires that an independent certified accountant approved by
SBA review these valuations at least once a year to ensure that
these requirements are being met.
Trustee or receivership over licensees
This section states that it is the finding of the
Congress that increased recoveries of assets in liquidation
under the SBIC program are in the best interest of the Federal
Government. SBA is directed to submit to the Senate and House
Committees on Small Business a detailed plan to expedite the
orderly liquidation of all licensee assets in liquidation. This
plan is to include a timetable for liquidating the liquidation
portfolio of assets owned by SBA.
Technical and conforming amendments
An SBIC preferred stock buy back program was authorized
by Congress effective November 1, 1989. This section directs
that any monies received by SBA under this repurchase program
shall be used solely to guarantee debenture leverage for SBICs
that maintain an investment portfolio with 50% of its
investments in smaller enterprises.
Authorization of appropriations
This section increases the authorization for debenture
leverage from $220 million to $300 million for FY 1997.
Effective date
This section and any amendments will become effective on
the date of enactment.
DIVISION E
TITLE I--CALIFORNIA BAY-DELTA ENVIRONMENTAL ENHANCEMENT AND WATER
SECURITY ACT
The conference agreement includes the text of H.R. 4126,
a bill to support the California-Federal (CALFED) Bay-Delta
Program in developing, funding and implementing a balanced,
long-term solution to the problems of ecosystem quality, water
quality, water supply and reliability, and system vulnerability
affecting the San Francisco Bay/Sacramento-San Joaquin Delta
Watershed (the Bay-Delta) in California.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 1997 recommended by the Committee of Conference,
with comparisons to the fiscal year 1996 amount, the 1997
budget estimates, and the House and Senate bills for 1997
follow:
New budget (obligational) authority, fiscal year 1996...$579,522,607,669
Budget estimates of new (obligational) authority, fiscal
year 1997........................................... 608,191,881,110
House bill, fiscal year 1997............................ 604,917,517,710
Senate bill, fiscal year 1997........................... 601,684,170,710
Conference agreement, fiscal year 1997.................. 610,961,282,710
Conference agreement compared with:
New budget (obligational) authority, fiscal year
1996.............................................. +31,438,675,041
Budget estimates of new (obligational) authority,
fiscal year 1997.................................. +2,769,401,600
House bill, fiscal year 1997........................ +6,043,765,000
Senate bill, fiscal year 1997....................... +9,277,112,000
Bill Young,
Joseph M. McDade,
Bob Livingston,
Jerry Lewis (except for chapter 6 of
title V of division A),
Joe Skeen,
Dave Hobson,
Henry Bonilla,
George R. Nethercutt, Jr.,
Ernest Istook,
John P. Murtha,
Norm Dicks,
Charles Wilson,
W.G. ``Bill'' Hefner,
Martin Olav Sabo,
David Obey,
Managers on the Part of the House.
Ted Stevens,
Thad Cochran,
Pete V. Domenici,
Christopher S. Bond (except for
chapter 6 of title V of division
A),
Mitch McConnell,
Connie Mack,
Richard C. Shelby,
Mark O. Hatfield,
Daniel K. Inouye (with reservation),
Fritz Hollings,
J. Bennett Johnston,
Robert Byrd,
Patrick J. Leahy,
Frank R. Lautenberg,
Managers on the Part of the Senate.
