Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?
105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-119
_______________________________________________________________________


 
MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM NATURAL 
            DISASTERS, AND FOR OVERSEAS PEACEKEEPING EFFORTS

                                _______
                                

                  June 4, 1997.--Ordered to be printed

_______________________________________________________________________


    Mr. Livingston, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                        [To accompany H.R. 1469]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
1469) ``making emergency supplemental appropriations for 
recovery from natural disasters, and for overseas peacekeeping 
efforts, including those in Bosnia, for the fiscal year ending 
September 30, 1997, and for other purposes,'' having met, after 
full and free conference, have agreed to recommend and do 
recommend to their respective House 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:
That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for recovery from 
natural disasters, and for overseas peacekeeping efforts, 
including those in Bosnia, for the fiscal year ending September 
30, 1997, and for other purposes, namely:

 TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE DEPARTMENT OF 
                                DEFENSE

                               CHAPTER 1

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$306,800,000: Provided, That such amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$7,900,000: Provided, That such amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine 
Corps'', $300,000: Provided, That such amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air 
Force'', $29,100,000: Provided, That such amount is designated 
by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                       OPERATION AND MAINTENANCE

             Overseas Contingency Operations Transfer Fund


                     (including transfer of funds)


    For an additional amount for ``Overseas Contingency 
Operations Transfer Fund'', $1,430,100,000: Provided, That the 
Secretary of Defense may transfer these funds only to 
Department of Defense operation and maintenance accounts: 
Provided further, That the funds transferred shall be merged 
with and shall be available for the same purposes and for the 
same time period, as the appropriation to which transferred: 
Provided further, That the transfer authority provided in this 
paragraph is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That 
such amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of theBalanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                      OPLAN 34A/35 P.O.W. Payments

    For payments to individuals under section 657 of Public Law 
104-201, $20,000,000, to remain available until expended.

                     REVOLVING AND MANAGEMENT FUNDS

               Reserve Mobilization Income Insurance Fund

    For an additional amount for the ``Reserve Mobilization 
Income Insurance Fund'', $72,000,000, to remain available until 
expended: Provided, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                     GENERAL PROVISIONS, CHAPTER 1


                          (transfer of funds)


    Sec. 101. The Secretary of the Navy shall transfer up to 
$23,000,000 to ``Operation and Maintenance, Marine Corps'' from 
the following accounts in the specified amounts, to be 
available only for reimbursing costs incurred for repairing 
damage caused by hurricanes, flooding, and other natural 
disasters during 1996 and 1997 to real property and facilities 
at Marine Corps facilities (including Camp Lejeune, North 
Carolina; Cherry Point, North Carolina; and the Mountain 
Warfare Training Center, Bridgeport, California);
            ``Military Personnel, Marine Corps'', $4,000,000;
            ``Operation and Maintenance, Marine Corps'', 
        $11,000,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 
        1996/1998'', $4,000,000; and
            ``Procurement, Marine Corps, 1996/1998'', 
        $4,000,000.
    Sec. 102. In addition to the amounts appropriated in title 
VI of the Department of Defense Appropriations Act, 1997 (as 
contained in section 101(b) of Public Law 104-208), under the 
heading ``Defense Health Program'', $21,000,000 is hereby 
appropriated and made available only for the provision of 
direct patient care at military treatment facilities.
    Sec. 103. In addition to the amounts appropriated in title 
II of the Department of Defense Appropriations Act, 1997 (as 
contained in section 101(b) of Public Law 104-208), under the 
heading ``Operation and Maintenance, Defense-Wide'', 
$10,000,000 is hereby appropriated and made available only for 
force protection and counter-terrorism initiatives.
    Sec. 104. In addition to the amounts provided in Public Law 
104-208, $25,800,000 is appropriated under the heading 
``Overseas Humanitarian, Disaster and Civic Aid'': Provided, 
That from the funds available under that heading, the Secretary 
of Defense shall make a grant in the amount of $25,800,000 to 
the American Red Cross for Armed Forces emergency services.
    Sec. 105. Report on Cost and Source of Funds for Military 
Activities Relating to Bosnia.--(a) Not later than 60 days 
after enactment of this Act, the President shall submit to 
Congress the report described in subsection (b).
    (b) Report Elements.--The report referred to in subsection 
(a) shall include the following:
            (1) A detailed description of the estimated 
        cumulative cost of all United States activities 
        relating to Bosnia after December 1, 1995, including--
                    (A) the cost of all deployments, training 
                activities, and mobilization and other 
                preparatory activities of the Armed Forces; and
                    (B) the cost of all other activities 
                relating to United States policy toward Bosnia, 
                including humanitarian assistance, 
                reconstruction assistance, aid and other 
                financial assistance, the rescheduling or 
                forgiveness of bilateral or multilateral aid, 
                in-kind contributions, and any other activities 
                of the United States Government.
            (2) A detailed accounting of the source of funds 
        obligated or expended to meet the costs described in 
        paragraph (1), including--
                    (A) in the case of expenditures of funds of 
                Department of Defense, a breakdown of such 
                expenditures by military service or defense 
                agency, line item, and program; and
                    (B) in the case of expenditures of funds of 
                other departments and agencies of the United 
                States, a breakdown of such expenditures by 
                department or agency and by program.
    Sec. 106. For an additional amount for ``Family Housing, 
Navy and Marine Corps'' to cover the incremental Operation and 
Maintenance costs arising from hurricane damage to family 
housing units at Marine Corps Base Camp Lejeune, North Carolina 
and Marine Corps Air Station Cherry Point, North Carolina, 
$6,480,000, as authorized by 10 U.S.C. 2854.

                               CHAPTER 2

                              RESCISSIONS

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $57,000,000 are rescinded.

                        Military Personnel, Navy


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $18,000,000 are rescinded.

                    Military Personnel, Marine Corps


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $5,000,000 are rescinded.

                     Military Personnel, Air Force


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $23,000,000 are rescinded.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $196,000,000 are rescinded.

                    Operation and Maintenance, Navy


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $51,000,000 are rescinded.

                Operation and Maintenance, Marine Corps


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $3,000,000 are rescinded.

                  Operation and Maintenance, Air Force


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $117,000,000 are rescinded.

                Operation and Maintenance, Defense-Wide


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $25,000,000 are rescinded.

                    Environmental Restoration, Army


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $250,000 are rescinded.

                    Environmental Restoration, Navy


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $250,000 are rescinded.

                  Environmental Restoration, Air Force


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $250,000 are rescinded.

                Environmental Restoration, Defense-Wide


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $250,000 are rescinded.

         Environmental Restoration, Formerly Used Defense Sites


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $250,000 are rescinded.

                  Former Soviet Union Threat Reduction


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $2,000,000 are rescinded.

                              PROCUREMENT

                       Aircraft Procurement, Army


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 103-335, $1,085,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-61, $5,000,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $13,000,000 are rescinded.

                       Missile Procurement, Army


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 103-335, $2,707,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $24,000,000 are rescinded.

        Procurement of Weapons and Tracked Combat Vehicles, Army


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 103-335, $2,296,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-61, $15,400,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $5,000,000 are rescinded.

                    Procurement of Ammunition, Army


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 103-335, $3,236,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-61, $18,000,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $11,000,000 are rescinded.

                        Other Procurement, Army


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 103-335, $2,502,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $21,000,000 are rescinded.

                       Aircraft Procurement, Navy


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 103-335, $34,000,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $52,000,000 are rescinded.

                       Weapons Procurement, Navy


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 103-335, $16,000,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $6,000,000 are rescinded.

            Procurement of Ammunition, Navy and Marine Corps


                              (rescission)


    Of the funds made available under this heading in Public 
Law 103-335, $812,000 are rescinded.

                   Shipbuilding and Conversion, Navy


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 102-396, $10,000,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 103-139, $18,700,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $33,000,000 are rescinded.

                        Other Procurement, Navy


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 103-335, $4,237,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-61, $3,000,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $8,000,000 are rescinded.

                       Procurement, Marine Corps


                              (rescission)


    Of the funds made available under this heading in Public 
Law 103-335, $1,207,000 are rescinded.

                    Aircraft Procurement, Air Force


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 103-335, $49,376,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-61, $40,000,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $41,000,000 are rescinded.

                     Missile Procurement, Air Force


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 103-335, $16,020,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $163,000,000 are rescinded.

                  Procurement of Ammunition, Air Force


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-61, $7,700,000 are rescinded.

                      Other Procurement, Air Force


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 103-335, $3,659,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-61, $10,000,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $20,000,000 are rescinded.

                       Procurement, Defense-Wide


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 103-335, $8,860,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-61, $16,113,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $5,000,000 are rescinded.

                  National Guard and Reserve Equipment


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 103-335, $5,029,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $8,000,000 are rescinded.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 104-61, $4,366,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $18,000,000 are rescinded.

            Research, Development, Test and Evaluation, Navy


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 104-61, $16,878,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $9,600,000 are rescinded.

         Research, Development, Test and Evaluation, Air Force


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 104-61, $24,245,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $172,000,000 are rescinded.

        Research, Development, Test and Evaluation, Defense-Wide


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 104-61, $95,714,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $87,000,000 are rescinded.

               Developmental Test and Evaluation, Defense


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-61, $6,692,000 are rescinded.

                Operational Test and Evaluation, Defense


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-61, $160,000 are rescinded.

                     REVOLVING AND MANAGEMENT FUNDS

                     National Defense Sealift Fund


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $25,200,000 are rescinded.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $21,000,000 are rescinded.

           Chemical Agents and Munitions Destruction, Defense


                             (rescissions)


    Of the funds made available under this heading in Public 
Law 103-335, $456,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-61, $20,652,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $27,000,000 are rescinded.

         Drug Interdiction and Counter-Drug Activities, Defense


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, $2,000,000 are rescinded.

                     GENERAL PROVISIONS, CHAPTER 2


                             (rescissions)


    Sec. 201. Of the funds appropriated in the Military 
Construction Appropriations Act, 1996 (Public Law 104-32), 
amounts are hereby rescinded from the following accounts in the 
specified amounts:
            ``Military Construction, Air National Guard'', 
        $5,000,000;
            ``Military Construction, Defense-wide'', 
        $41,000,000;
            ``Base Realignment and Closure Account, Part II'', 
        $35,391,000;
            ``Base Realignment and Closure Account, Part III'', 
        $75,638,000; and
            ``Base Realignment and Closure Account, Part IV'', 
        $22,971,000:
Provided, That of the funds appropriated in the Military 
Construction Appropriations Act, 1997 (Public Law 104-196), 
amounts are hereby rescinded from the following accounts in the 
specified amounts:
            ``Military Construction, Army'', $1,000,000;
            ``Military Construction, Navy'', $2,000,000;
            ``Military Construction, Air Force'', $3,000,000; 
        and
            ``Military Construction, Defense-wide'', 
        $3,000,000.


                              (rescission)


    Sec. 202. Of the funds appropriated for ``Military 
Construction, Navy'' under Public Law 103-307, $6,480,000 is 
hereby rescinded.

                               CHAPTER 3

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 301. The Department of Defense is directed to report 
to the congressional defense committees 30 days prior to 
transferring management, development, and acquisition authority 
over the elements of the National Missile Defense Program from 
the Military Services: Provided, That the Joint Requirements 
Oversight Council is directed to conduct an analysis and submit 
recommendations as to the recommended future roles of the 
Military Services with respect to development and deployment of 
the elements of the National Missile Defense Program: Provided 
further, That the analysis and recommendations shall be 
submitted to the congressional defense committees within 60 
days of enactment of this Act: Provided further, That for 60 
days following enactment of this Act, the Department of Defense 
shall take no actions to delay or defer planned activities 
under the National Missile Defense Program based solely on the 
conduct of the Joint Requirements Oversight Council analysis.
    Sec. 302. Notwithstanding section 3612(a) of title 22, 
United States Code, the incumbent may continue to serve as the 
Secretary of Defense designee on the Board of the Panama Canal 
Commission if he retires as an officer of the Department of 
Defense, until and unless the Secretary of Defense designates 
another person to serve in this position.
    Sec. 303. Authority of Secretary of Defense To Enter Into 
Lease of Building No. 1, Lexington Blue Grass Station, 
Lexington, Kentucky.--
            (a) Authority to enter into lease.--The Secretary 
        of Defense may enter into an agreement for the lease of 
        Building No. 1, Lexington Blue Grass Station, 
        Lexington, Kentucky, and any real property associated 
        with the building, for purposes of the use of the 
        building by the Defense Finance and Accounting Service. 
        The agreement shall meet the requirements of this 
        section.
            (b) Term.--(1) The agreement under this section 
        shall provide for a lease term of not to exceed 50 
        years, but may provide for one or more options to renew 
        or extend the term of the lease.
            (2) The agreement shall include a provision 
        specifying that, if the Secretary ceases to require the 
        leased building for purpose of the use of the building 
        by the Defense Finance and Accounting Service before 
        the expiration of the term of the lease (including any 
        extension or renewal of the term under an option 
        provided for in paragraph (1)), the remainder of the 
        lease term may, upon the approval of the lessor of the 
        building, be satisfied by the Secretary or another 
        department or agency of the Federal Government 
        (including a military department) for another purpose 
        similar to such purpose.
            (c) Consideration.--(1) The agreement under this 
        section may not require rental payments by the United 
        States under the lease under the agreement.
            (2) The Secretary or other lessee, if any, under 
        subsection (b)(2) shall be responsible under the 
        agreement for payment of any utilities associated with 
        the lease of the building covered by the agreement and 
        for maintenance and repair of the building.
            (d) Improvement.--The agreement under this section 
        may provide for the improvement of thebuilding covered 
by the agreement by the Secretary or other lessee, if any, under 
subsection (b)(2).
            (e) Limitation on certain activities.--The 
        Secretary may not obligate or expend funds for the 
        costs of any utilities, maintenance and repair, or 
        improvements under this lease under this section in any 
        fiscal year unless funds are appropriated or otherwise 
        made available for the Department of Defense for such 
        payment in such fiscal year.
    Sec. 304. Notwithstanding 31 U.S.C. 1502(a), 31 U.S.C. 
1552(a), and 31 U.S.C. 1553(a), funds appropriated in Public 
Law 101-511, Public Law 102-396, and Public Law 103-139, under 
the heading ``Weapons Procurement, Navy'', that were obligated 
and expended to settle claims on the MK-50 torpedo program may 
continue to be obligated and expended to settle those claims.
    Sec. 305. None of the funds available to the Department of 
Defense in this or any other Act shall be available to pay the 
cost of operating a National Missile Defense Joint Program 
Office which includes more than 55 military and civilian 
personnel located in the National Capital Region.
    Sec. 306. Funds obligated by the National Aeronautics and 
Space Administration (NASA) in the amount of $61,300,000 during 
fiscal year 1996, pursuant to the ``Memorandum of Agreement 
between the National Aeronautics and Space Administration and 
the United States Air Force on Titan IV/Centaur Launch Support 
for the Cassini Mission,'' signed September 8, 1994, and 
September 23, 1994, and Attachments A, B, and C to that 
Memorandum, shall be merged with Air Force appropriations 
available for research, development, test and evaluation and 
procurement for fiscal year 1996, and shall be available for 
the same time period as the appropriation with which merged, 
and shall be available for obligation only for those Titan IV 
vehicles and Titan IV-related activities under contract.
    Sec. 307. For the purposes of implementing the 1997 Defense 
Experimental Program to Stimulate Competitive Research 
(DEPSCoR), the term ``State'' means a State of the United 
States, the District of Columbia, Puerto Rico, Guam and the 
Virgin Islands of the United States, American Samoa and the 
Commonwealth of the Northern Mariana Islands.

   TITLE II--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM 
                           NATURAL DISASTERS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency


           agricultural credit insurance fund program account


    For an additional amount for the ``Agricultural Credit 
Insurance Fund Program Account'' for the additional cost of 
direct and guaranteed loans authorized by 7 U.S.C. 1928-1929, 
including the cost of modifying such loans as defined in 
section 502 of the Congressional Budget Act of 1974, resulting 
from flooding and other natural disasters, $23,000,000, to 
remain available until expended, of which $18,000,000 shall be 
available for emergency insured loans and $5,000,000 shall be 
available for subsidized guaranteed operating loans: Provided, 
That the entire amount shall be available only to the extent 
that an official budget request for $23,000,000 that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further, That such amount 
is designated by Congress as an emergency requirement pursuant 
to section 251(b)(2)(D)(i) of such Act.
    For an additional amount for the ``Agricultural Credit 
Insurance Fund Program Account'' for the additional cost of 
direct operating loans authorized by 7 U.S.C. 1928-1929, 
including the cost of modifying such loans as defined in 
section 502 of the Congressional Budget Act of 1974, 
$6,300,000, to remain available until expended.


                     emergency conservation program


    For an additional amount for ``Emergency Conservation 
Program'' for expenses, including carcass removal, resulting 
from flooding and other natural disasters, $70,000,000, to 
remain available until expended: Provided, That the entire 
amount shall be available only to the extent that an official 
budget request for $70,000,000, that includes designation of 
the entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That such amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of such Act.


                        tree assistance program


    An amount of $9,000,000 is provided for assistance to small 
orchardists to replace or rehabilitate trees and vineyards 
damaged by natural disasters: Provided, That the entire amount 
shall be available only to the extent that an official budget 
request of $9,000,000, that includes designation of the entire 
amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended, is transmitted by the President to the Congress: 
Provided further, That such amount is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of 
such Act.

                   Commodity Credit Corporation Fund


                  disaster reserve assistance program


    Effective only for losses in the fiscal year beginning 
October 1, 1996, through the date of enactment of this Act, the 
Secretary may use up to $50,000,000 from proceeds earned from 
the sale of grain in the disaster reserve established in the 
Agricultural Act of 1970 to implement a livestock indemnity 
program for losses from natural disasters pursuant to a 
Presidential or Secretarial declaration requested prior to the 
date of enactment of this Act in a manner similar to 
catastrophic loss coverage available for other commodities 
under 7 U.S.C. 1508(b): Provided, That in administering a 
program described in the preceding sentence, the Secretary 
shall, to the extent practicable, utilize gross income and 
payment limitations conditions established for the Disaster 
Reserve Assistance Program for the 1996 crop year: Provided 
further, That notwithstanding any other provision of law, 
beginning on October 1, 1997, grain in the disaster reserve 
established in the Agricultural Act of 1970 shall not exceed 20 
million bushels: Provided further, That the entire amount shall 
be available only to the extent an official budget request, 
that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, 
That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of 
such Act.

                 Natural Resources Conservation Service


               watershed and flood prevention operations


    For an additional amount for ``Watershed and Flood 
Prevention Operations'' to repair damages to the waterways and 
watersheds, including debris removal that would not be 
authorized under the Emergency Watershed Program, resulting 
from flooding and other natural disasters, including those in 
prior years, $166,000,000, to remain available until expended: 
Provided, That the entire amount shall be available only to the 
extent an official budget request for $166,000,000, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, 
That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of 
such Act: Provided further, That if the Secretary determines 
that the cost of land and farm structures restoration exceeds 
the fair market value of an affected agricultural land, the 
Secretary may use sufficient amounts, not to exceed 
$15,000,000, from funds provided under this heading to accept 
bids from willing sellers to provide floodplain easements for 
such agricultural land inundated by floods: Provided further, 
That none of the funds provided under this heading shall be 
used for the salmon memorandum of understanding.

                         Rural Housing Service


              rural housing insurance fund program account


                    Rural Housing Assistance Program

    Any unobligated balances remaining in the ``Rural Housing 
Insurance Fund program Account'' from prior years' disaster 
supplementals shall be available until expended for Section 502 
housing loans, Section 504 loans and grants, Section 515 loans, 
and domestic farm labor grants to meet emergency needs 
resulting from natural disasters: Provided, That such 
unobligated balances shall be available only to the extent an 
official budget request that includes designation of the entire 
amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985 
is transmitted by the President to the Congress: Provided 
further, That such unobligated balances are designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of such Act: Provided further, That 
notwithstanding section 520 of the Housing Act of 1949, as 
amended, (42 U.S.C. 1490) the College Station area of Pulaski 
County, Arkansas shall be eligible for loans and grants 
available through the Rural Housing Service: Provided further, 
That funds made available in Public Law 104-180 for Community 
Facility Grants for the Rural Housing Assistance Program may be 
provided to any community otherwise eligible for a Community 
Facility Loan for expenses directly or indirectly resulting 
from flooding and other natural disasters.

                        Rural Utilities Service


                   rural utilities assistance program


    For an additional amount for ``Rural Utilities Assistance 
Program'', for the cost of direct loans, loan guarantees, and 
grants, including the cost of modifying loans as defined in 
section 502 of the Congressional Budget Act of 1974, for 
emergency expenses resulting from flooding and other natural 
disasters, $4,000,000, to remain available until September 30, 
1998: Provided, That the entire amount shall be available only 
to the extent that an official budget request for $4,000,000, 
that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, 
That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended.

                       Food and Consumer Service


special supplemental nutrition program for women, infants, and children 
                                 (wic)


    For an additional amount for the ``Special Supplemental 
Nutrition Program for Women, Infants, and Children (WIC)'' as 
authorized by section 17 of the Child
Nutrition Act of 1966, as amended (42 U.S.C. et seq.), 
$76,000,000, to remain available through September 30, 1998: 
Provided, That the Secretary shall allocate such funds through 
the existing formula or, notwithstanding sections 17 (g), (h), 
or (i) of such Act and the regulations promulgated thereunder, 
such other means as the Secretary deems necessary.

                      GENERAL PROVISION, CHAPTER 1

SEC. 1001. COLLECTION AND DISSEMINATION OF INFORMATION ON PRICES 
                    RECEIVED FOR BULK CHEESE.

    (a) In General.--Not later than 30 days after the date of 
enactment of this Act, the Secretary of Agriculture shall 
collect and disseminate, on a weekly basis, statistically 
reliable information, obtained from cheese manufacturing areas 
in the United States on prices received and terms of trade 
involving bulk cheese, including information on the national 
average price for bulk cheese sold through spot and forward 
contract transactions. To the maximum extent practicable, the 
Secretary shall report the prices and terms of trade for spot 
and forward contract transactions separately.
    (b) Confidentiality.--All information provided to, or 
acquired by, the Secretary under subsection (a) shall be kept 
confidential by each officer and employee of the Department of 
Agriculture except that general weekly statements may be issued 
that are based on the information and that do not identify the 
information provided by any person.
    (c) Report.--Not later than 150 days after the date of 
enactment of this Act, the Secretary shall report to the 
Committee on Agriculture, and the Committee on Appropriations, 
of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry, and the Committee on 
Appropriations, of the Senate, on the rate of reporting 
compliance by cheese manufacturers with respect to the 
information collected under subsection (a). At the time of the 
report, the Secretary may submit legislative recommendations to 
improve the rate of reporting compliance.
    (d) Termination of Effectiveness.--The authority provided 
by subsection (a) terminates effective April 5, 1999.

                               CHAPTER 2

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                economic development assistance programs

    For an additional amount for ``Economic Development 
Assistance Programs'' for emergency infrastructure expenses and 
the capitalization of revolving loan funds related to recent 
flooding and other natural disasters, $52,200,000, to remain 
available until expended, of which not to exceed $2,000,000 may 
be available for administrative expenses and may be transferred 
to and merged with the appropriations for ``Salaries and 
Expenses'': Provided, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

             National Institute of Standards and Technology

                     industrial technology services

    Of the amount provided under this heading in Public Law 
104-208 for the Advanced Technology Program, not to exceed 
$35,000,000 shall be available for the award of new grants.

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities


    Within amounts available for ``Operations, Research, and 
Facilities'' for Satellite Observing Systems, not to exceed 
$7,000,000 is available until expended to provide disaster 
assistance related to recent flooding and red tide pursuant to 
section 312(a) of the Magnuson-Stevens Fishery Conservation and 
Management Act, and not to exceed $2,000,000 is available until 
expended to implement the Magnuson-Stevens Fishery Conservation 
and Management Act: Provided, That the entire amount shall be 
available only to the extent that an official budget request 
for $9,000,000, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to Congress: Provided 
further, That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of 
such Act.


                              construction


    For an additional amount for ``Construction'' for emergency 
expenses resulting from flooding and other natural disasters, 
$10,800,000, to remain available until expended: Provided, That 
the entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                             RELATED AGENCY

        Commission on the Advancement of Federal Law Enforcement

    For an additional amount for the operations of the 
Commission on the Advancement of Federal Law Enforcement, 
$2,000,000, to remain available until expended.

                     GENERAL PROVISIONS, CHAPTER 2

    Sec. 2001. Of the funds currently contained within the 
``Counterterrorism Fund'' of the Department of Justice, 
$3,000,000 is provided for allocation by the Attorney General 
to the appropriate unit or units of government in Ogden, Utah, 
for necessary expenses, including enhancements and upgrade of 
security and communications infrastructure, to counter any 
potential terrorism threat related to the 2002 Winter Olympic 
games to be held in Utah.
    Sec. 2002. Expanding Small Business Participation in 
Dredging.--Section 722(a) of the Small Business Competitiveness 
Demonstration Program Act of 1988 (15 U.S.C. 644 note) is 
amended by striking ``September 30, 1996'' and inserting 
``September 30, 1997''.
    Sec. 2003. Section 101 of the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1371) is amended by adding at the end 
thereof the following:
    ``(d) Good Samaritan Exemption.--It shall not be a 
violation of this Act to take a marine mammal if--
            ``(1) such taking is imminently necessary to avoid 
        serious injury, additional injury, or death to a marine 
        mammal entangled in fishing gear or debris;
            ``(2) reasonable care is taken to ensure the safe 
        release of the marine mammal, taking into consideration 
        the equipment, expertise, and conditions at hand;
            ``(3) reasonable care is exercised to prevent any 
        further injury to the marine mammal; and
            ``(4) such taking is reported to the Secretary 
        within 48 hours.''.
    Sec. 2004. Notwithstanding any other provision of law, the 
Secretary of Commerce shall have the authority to reprogram or 
transfer up to $41,000,000 of the amounts provided under 
``National Oceanic and Atmospheric Administration, Operations, 
Research, and Facilities'' for Satellite Observing Systems in 
Public Law 104-208 for other programmatic and operational 
requirements of the National Oceanic and Atmospheric 
Administration and the Department of Commerce subject to 
notification of the Committees on Appropriations of the House 
of Representatives and the Senate in accordance with section 
605 of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1997 and 
which shall not be available for obligation or expenditure 
except in compliance with the procedure set forth in that 
section.

                               CHAPTER 3

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


 flood control, mississippi river and tributaries, arkansas, illinois, 
       kentucky, louisiana, mississippi, missouri, and tennessee


    For an additional amount for ``Flood Control, Mississippi 
River and Tributaries, Arkansas, Illinois, Kentucky, Louisiana, 
Mississippi, Missouri, and Tennessee'' for emergency expenses 
due to flooding and other natural disasters, $20,000,000, to 
remain available until expended: Provided, That the entire 
amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.


                   operation and maintenance, general


    For an additional amount for ``Operation and Maintenance, 
General'' for emergency expenses due to flooding and other 
natural disasters, $150,000,000, to remain available until 
expended: Provided, That of the total amount appropriated, the 
amount for eligible navigation projects which may be derived 
from the Harbor Maintenance Trust Fund pursuant to Public Law 
99-662, shall be derived from that fund: Provided further, That 
of the total amount appropriated, $5,000,000 shall be available 
solely for the Secretary of the Army, acting through the Chief 
of Engineers, to pay the costs of the Corps of Engineers and 
other Federal agencies associated with the development of 
necessary studies, an interagency management plan, 
environmental documentation, continued monitoring, and other 
activities related to allocations of water in the Alabama-
Coosa-Tallapoosa and Apalachicola-Chattahoochee-Flint River 
Basins: Provided further, That no portion of such $5,000,000 
may be used by the Corps of Engineers to revise its master 
operational manuals or water control plans for operation of the 
reservoirs for the two river basins until (1) the interstate 
compacts for the two river basins are ratified by the Congress 
by law; and (2) the water allocation formulas for the two river 
basins have been agreed to by the States of Alabama, Georgia, 
and Florida and the Federal representative to the compacts: 
Provided further, That the preceding proviso shall not apply to 
the use of such funds for any environmental reviews necessary 
for the Federal representative to approve the water allocation 
formulas for the two river basins: Provided further, That the 
entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.


                 flood control and coastal emergencies


    For an additional amount for ``Flood Control and Coastal 
Emergencies'' due to flooding and other natural disasters, 
$415,000,000, to remain available until expended: Provided, 
That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended: Provided further, That with $5,000,000 of the funds 
appropriated herein, the Secretary of the Army is directed to 
initiate and complete preconstruction engineering and design 
and the associated Environmental Impact Statement for an 
emergency outlet from Devils Lake, North Dakota, to the 
Sheyenne River: Provided further, That of the funds 
appropriated under this paragraph, $5,000,000 shall be used for 
the project consisting of channel restoration and improvements 
on the James River authorized by section 401(b) of the Water 
Resources Development Act of 1986 (Public Law 99-662; 100 Stat. 
4128) if the Secretary of the Army determines that the need for 
such restoration and improvements constitutes an emergency.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                       operation and maintenance


    For an additional amount for ``Operation and Maintenance'', 
$7,355,000, to remain available until expended, to repair 
damage caused by floods and other natural disasters: Provided, 
That of the total appropriated, the amount for program 
activities that can be financed by the Reclamation Fund shall 
be derived from that fund: Provided further, That the entire 
amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                     GENERAL PROVISIONS, CHAPTER 3

    Sec. 3001. (a) Beginning in fiscal year 1997 and 
thereafter, the United States members and the alternate members 
appointed under the Susquehanna River Basin Compact (Public Law 
91-575), and the Delaware River Basin Compact (Public Law 87-
328), shall be officers of the U.S. Army Corps of Engineers, 
who hold Presidential appointments as Regular Army officers 
with Senate confirmation, and who shall serve without 
additional compensation.
    (b) Section 2, Reservations, Paragraph (u) of Public Law 
91-575 (84 Stat. 1509) and Section 15.1, Reservations, 
Paragraph (d) of Public Law 87-328 (75 Stat. 688, 691) are 
hereby repealed.
    (c) Section 2.2 of Public Law 87-328 (75 Stat. 688, 691) is 
amended by striking the words ``during the term of office of 
the President'' and inserting the words ``at the pleasure of 
the President''.
    Sec. 3002. Notwithstanding section 5 of the Reclamation 
Safety of Dams Act of 1978, Public Law 95-578, as amended, the 
Secretary of the Interior is authorized to obligate up to 
$1,200,000 for carrying out actual construction for safety of 
dam purposes to modify the Willow Creek Dam, Sun River Project, 
Montana.
    Sec. 3003. (a) Consultation and Conferencing.--As provided 
by regulations issued under the Endangered Species Act (16 
U.S.C. 1531 et seq.) for emergency situations, formal 
consultation or conferencing under section 7(a)(2) or section 
7(a)(4) of the Act for any action authorized, funded or carried 
out by any Federal agency to repair a Federal or non-Federal 
flood control project, facility or structure may be deferred by 
the Federal agency authorizing, funding or carrying out the 
action, if the agency determines that the repair is needed to 
respond to an emergency causing an imminent threat to human 
lives and property in 1996 or 1997. Formal consultation or 
conferencing shall be deferred until the
imminent threat to human lives and property has been abated. 
For purposes of this section, the term repair shall include 
preventive and remedial measures to restore the project, 
facility or structure to remove an imminent threat to human 
lives and property.
    (b) Reasonable and Prudent Measures.--Any reasonable and 
prudent measures specified under section 7 of the Endangered 
Species Act (16 U.S.C. 1536) to minimize the impact of an 
action taken under this section shall be related both in nature 
and extent to the effect of the action taken to repair the 
flood control project, facility or structure.

                               CHAPTER 4

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS


                         assistance to ukraine


    Sec. 4001. The President may waive the minimum funding 
requirements contained in subsection (k) under the heading 
``Assistance for the New Independent States of the Former 
Soviet Union'' contained in the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1997, as 
included in Public Law 104-208, for activities for the 
government of Ukraine funded in that subsection, if he 
determines and so reports to the Committees on Appropriations 
that the government of Ukraine:
            (1) has not made progress toward implementation of 
        comprehensive economic reform;
            (2) is not taking steps to ensure that United 
        States businesses and individuals are able to operate 
        according to generally accepted business principles; or
            (3) is not taking steps to cease the illegal 
        dumping of steel plate.

                               CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                              construction


                     (including transfer of funds)


    For an additional amount for ``Construction'' to repair 
damage caused by floods and other natural disasters, 
$4,796,000, to remain available until expended, of which 
$4,403,000 is to be derived by transfer from unobligated 
balances of funds under the heading, ``Oregon and California 
Grant Lands'', made available as supplemental appropriations in 
Public Law 104-134: Provided, That the entire amount is 
designated by Congress as an emergency requirement pursuant to 
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.


                   oregon and california grant lands


    For an additional amount for ``Oregon and California Grant 
Lands'' to repair damage caused by floods and other natural 
disasters, $2,694,000, to remain available until expended and 
to be derived from unobligated balances of funds under the 
heading, ``Oregon and California Grant Lands'', made available 
as supplemental appropriations in Public Law 104-134: Provided, 
That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended.

                United States Fish and Wildlife Service


                          resource management


    For an additional amount for ``Resource Management'', 
$5,300,000, to remain available until expended, for technical 
assistance and fish replacement made necessary by floods and 
other natural disasters, for restoration of public lands 
damaged by fire, and for payments to private landowners for the 
voluntary use of private land to store water in restored 
wetlands: Provided, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.


                              construction


    For an additional amount for ``Construction'', $88,000,000, 
to remain available until expended, to repair damage caused by 
floods and other natural disasters: Provided, That the entire 
amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.


                            land acquisition


    For an additional amount for ``Land Acquisition'', 
$10,000,000, to remain available until expended, for the cost-
effective emergency acquisition of land and water rights 
necessitated by floods and other natural disasters: Provided, 
That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended.

                         National Park Service


                              construction


     For an additional amount for ``Construction'' for 
emergency expenses resulting from flooding and other natural 
disasters, $187,321,000, to remain available until expended: 
Provided, That the entire amount is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended: Provided further, That of this amount, $30,000,000 
shall be available only to the extent an official budget 
request for a specific dollar amount, that includes designation 
of the entire amount of the request as an emergency requirement 
as defined in such Act, is transmitted by the President to 
Congress, and upon certification by the Secretary of the 
Interior to the President that a specific amount of such funds 
is required for (1) repair or replacement of concession use 
facilities at Yosemite National Park if the Secretary 
determines, after consulting with the Director of the Office of 
Management and Budget, that the repair or replacement of those 
facilities cannot be postponed until completion of an agreement 
with the Yosemite Concessions Services Corporation or any 
responsible third party to satisfy its repair or replacement 
obligations for the facilities, or (2) the Federal portion, if 
any, of the costs of repair or replacement of such concession 
use facilities: Provided further, That nothing herein should be 
construed as impairing in any way the rights of the United 
States against the Yosemite Concession Services Corporation or 
any other party or as relieving the Corporation or any other 
party of its obligations to the United States: Provided 
further, That prior to any final agreement by the Secretary 
with the Corporation or any other party concerning its 
obligation to repair or replace concession use facilities, the 
Solicitor of the Department of the Interior shall certify that 
the agreement fully satisfies the obligations of the 
Corporation or third party: Provided further, That nothing 
herein, or any payments, repairs, or replacements made by the 
Corporation or a third party in fulfillment of the 
Corporation's obligations to the United States to repair and 
replace damaged facilities, shall create any possessory 
interest for the Corporation or such third party in such 
repaired or replaced facilities: Provided further, That any 
payments made to the United States by the Corporation or a 
third party for repair or replacement of concession use 
facilities shall be deposited in the General Fund of the 
Treasury or, where facilities are repaired or replaced by the 
Corporation or any other third party, an equal amount of 
appropriations for ``Construction'' shall be rescinded.
    For an additional amount for ``Construction'', $10,000,000, 
to remain available until expended, to make repairs, construct 
facilities, and provide visitor transportation and for related 
purposes at Yosemite National Park.

                    United States Geological Survey


                 surveys, investigations, and research


    For an additional amount for ``Surveys, Investigations, and 
Research'', $4,650,000, to remain available until September 30, 
1998, to repair or replace damaged equipment and facilities 
caused by floods and other natural disasters: Provided, That 
the entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                        Bureau of Indian Affairs


                      operation of indian programs


    For an additional amount for ``Operation of Indian 
Programs'', $14,317,000, to remain available until September 
30, 1998, for emergency response activities, including 
emergency school operations, heating costs, emergency welfare 
assistance, and to repair and replace facilities and resources 
damaged by snow, floods, and other natural disasters: Provided, 
That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended.


                              construction


    For an additional amount for ``Construction'', $6,249,000, 
to remain available until expended, to repair damages caused by 
floods and other natural disasters: Provided, That the entire 
amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided 
further, That notwithstanding any other provision of law, funds 
appropriated herein and in Public Law 104-208 to the Bureau of 
Indian Affairs for repair of the Wapato irrigation project 
shall be made available on a nonreimbursable basis.

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                         national forest system


    For an additional amount for ``National Forest System'' for 
emergency expenses resulting from flooding and other natural 
disasters, $39,677,000, to remain available until expended: 
Provided, That the entire amount is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended.


                    reconstruction and construction


    For an additional amount for ``Reconstruction and 
Construction'' for emergency expenses resulting from flooding 
and other natural disasters, $27,685,000, to remain available 
until expended: Provided, That the entire amount is designated 
by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service


                         indian health services


    For an additional amount for ``Indian Health Services'' for 
emergency expenses resulting from flooding andother natural 
disasters, $1,000,000, to remain available until expended: Provided, 
That the entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended.


                        indian health facilities


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

                     GENERAL PROVISIONS, CHAPTER 5

    Sec. 5001. Section 101(c) of Public Law 104-134 is amended 
as follows: Under the heading ``Title III--General Provisions'' 
amend sections 315(c)(1)(A) and 315(c)(1)(B) by striking in 
each of those sections ``104%'' and inserting in lieu thereof 
``100%''; by striking in each of those sections ``1995'' and 
inserting in lieu thereof ``1994''; and by striking in each of 
those sections ``and thereafter annually adjusted upward by 
4%,''.
    Sec. 5002. Section 101(d) of Public Law 104-208 is amended 
as follows: Under the heading ``Administrative Provisions, 
Indian Health Service'' strike the seventh proviso and insert 
the following in lieu thereof: ``: Provided further, That with 
respect to functions transferred by the Indian Health Service 
to tribes or tribal organizations, the Indian Health Service is 
authorized to provide goods and services to those entities, on 
a reimbursable basis, including payment in advance with 
subsequent adjustment, and the reimbursements received 
therefrom, along with the funds received from those entities 
pursuant to the Indian Self Determination Act, may be credited 
to the same or subsequent appropriation account which provided 
the funding, said amounts to remain available until expended''.
    Sec. 5003. (a) Extension and Effective Date.--Section 
3711(b)(1) of the San Carlos Apache Tribe Water Rights 
Settlement Act of 1992 (106 Stat. 4752) is amended by striking 
``June 30, 1997'' and inserting ``March 31, 1999''.
    (b) Extension for River System General Adjudication.--
Section 3711 of such Act is amended by adding at the end the 
following new subsection:
    ``(c) Extension for River System General Adjudication.--If, 
at any time prior to March 31, 1999, the Secretary notifies the 
Committee on Indian Affairs of the United States Senate or the 
Committee on Resources in the United States House of 
Representatives that the Settlement Agreement, as executed by 
the Secretary, has been submitted to the Superior Court of the 
State of Arizona in and for Maricopa County for consideration 
and approval as part of the General Adjudication of the Gila 
River System and Source, the March 31, 1999, referred to in 
subsection (b)(1) shall be deemed to be changed to December 31, 
1999.''.
    (c) Counties.--Section 3706(b)(3) of such Act is amended by 
inserting ``Gila, Graham, Greenlee,'' after ``Maricopa,''.
    (d) Parties to Agreement.--Section 3703(2) of such Act is 
amended by adding at the end the following new sentence: ``The 
Gila Valley Irrigation District and the Franklin Irrigation 
District shall be added as parties to the Agreement, but only 
so long as none of the aforementioned parties objects to adding 
the Gila Valley Irrigation and/or the Franklin Irrigation 
District as parties to the Agreement.''.
    (e) Definitions.--Section 3703 of such Act is amended by 
adding the following new paragraphs:
    ``(12) `Morenci mine complex' means the lands owned or 
leased by Phelps Dodge Corporation, now or in the future, 
delineated in a map as `Phelps Dodge Mining, Mineral 
Processing, and Auxiliary Facilities Water Use Area', which map 
is dated March 19, 1996, and is on file with the Secretary of 
the Interior.
    ``(13) `Upper Eagle Creek Wellfield' means that area in 
Greenlee County which is bounded by the eastern boundary of 
Graham County on the west, the southern boundary of the Black 
River watershed on the north, a line running north and south 5 
miles east of the eastern boundary of Graham County on the 
east, and the southern boundary of the natural drainage of 
Cottonwood Canyon on the south.''.
    (f) Black River Facilities.--Section 3711 of such Act, as 
amended by subsection (b) of this Act, is further amended by 
adding at the end the following:
    ``(d) Black River Facilities.--(1) In general.--The 
provisions and agreements set forth or referred to in 
paragraphs (2), (3), and (4) below shall be enforceable against 
the United States in United States district court, and the 
immunity of the United States for such purposes and for no 
other purpose is hereby waived. The provisions and agreements 
set forth or referred to in paragraphs (2)(A), (3), and (4) 
below shall be enforceable against the Tribe in United States 
district court, and the immunity of the Tribe for such purposes 
and for no other purpose, is hereby waived. The specific 
agreements made by the Tribe and set forth in paragraph (5) 
shall be enforceable against the Tribe in United States 
district court, and the immunity of the Tribe is hereby waived 
as to such specific agreements and for no other purpose.
    ``(2) Interim period.--
            ``(A) As of July 23, 1997, Phelps Dodge shall 
        vacate the reservation and no longer rely upon permit 
        #2000089, dated July 25, 1944. On such date the United 
        States, through the Bureau of Reclamation, shall enter, 
        operate, and maintain the Black River pump station, 
        outbuildings, the pipeline, related facilities, and 
        certain caretaker quarters (hereinafter referred to 
        collectively as the `Black River facilities').
            ``(B) The United States and Phelps Dodge shall 
        enter into a contract for delivery of water pursuant to 
        subparagraph (C), below. Water for delivery to Phelps 
        Dodge from the Black River shall not exceed an annual 
        average of 40 acre feet per day, or 14,000 acre feet 
        per year. All diversions from Black River to Phelps 
        Dodge shall be junior to the diversion and use of up to 
        7,300 acre feet per year by the San Carlos Apache 
        Tribe, and no such diversion for Phelps Dodge shall 
        cause the flow of Black River to fall below 20 cubic 
        feet per second. The United States shall account for 
        the costs for operating and maintaining the Black River 
        facilities, and Phelps Dodge shall reimburse the United 
        States for such costs. Phelps Dodge shall pay to the 
        United States, for delivery to the Tribe, the sum of 
        $20,000 per month, with an annual CPI adjustment from 
        July 23, 1997, for purposes of compensating the Tribe 
        for United States use and occupancy of the Black River 
        facilities. Phelps Dodge and the Tribe shall cooperate 
        with the United States in effectuating an orderly 
        transfer of the operations of the Black River 
        facilities from Phelps Dodge to the United States.
            ``(C) Notwithstanding any other provision of law, 
        the contract referred to in subparagraph (B) between 
        the United States and Phelps Dodge which provides for 
        the diversion of water from the Black River into the 
        Black River facilities, and the delivery of such water 
        to Phelps Dodge at that location where the channel of 
        Eagle Creek last exits the reservation for use in the 
        Morenci mine complex and the towns of Clifton and 
        Morenci and at no other location, is ratified and 
        confirmed.
            ``(D) The power line right-of-way over the Tribe's 
        Reservation which currently is held by Phelps Dodge 
        shall remain in place. During the interim period, 
        Phelps Dodge shall provide power to the United States 
        for operation of the pump station and related 
        facilities without charge, and Phelps Dodge shall pay a 
        monthly right-of-way fee to the Tribe of $5,000 per 
        month, with an annual CPI adjustment from July 23, 
        1997.
            ``(E) Any questions regarding the water claims 
        associated with Phelps Dodge's use of the Upper Eagle 
        Creek Wellfield, its diversions of surface water from 
        Eagle Creek, the San Francisco River, Chase Creek, and/
        or its use of other water supplies are not addressed in 
        this title. No provision in this subsection shall 
        affect or be construed to affect any claims by the 
        Tribe, the United States, or Phelps Dodge to 
        groundwater or surface water.
    ``(3) Final arrangements and terms.--The interim period 
described in paragraph (2) shall extend until all conditions 
set forth in paragraph (3)(B) have been satisfied. At such 
time, the following final arrangements shall apply, based on 
the terms set forth below. Such terms shall bind the Tribe, the 
United States, and Phelps Dodge, and shall be enforceable 
pursuant to subsection (d)(1) of this Act.
            ``(A) The United States shall hold the Black River 
        facilities in trust for the Tribe, without cost to the 
        Tribe or the United States.
            ``(B) Responsibility for operation of the Black 
        River facilities shall be transferred from the United 
        States to the Tribe. The United States shall train 
        Tribal members during the interim period, and the 
        responsibility to operate the Black River facilities 
        shall be transferred upon satisfaction of 2 
        conditions--
                    ``(i) a finding by the United States that 
                the Tribe has completed necessary training and 
                is qualified to operate the Black River 
                facilities; and
                    ``(ii) execution of the contract described 
                in paragraph (3)(E), which contract shall be 
                executed on or before December 31, 1998. In the 
                event that the contract is not executed by 
                December 31, 1998, the transfer described in 
                this subsection shall occur on December 31, 
                1998 (so long as condition (i) of this 
                subparagraph has been satisfied), based on 
                application of the contract terms described in 
                paragraph (3)(E), which terms shall be 
                enforceable under this Act. Upon the approval 
                of the Secretary, the Tribe may contract with 
                third parties to operate the Black River 
                facilities.
            ``(C) Power lines currently operated by Phelps 
        Dodge on the Tribe's Reservation, and the right-of-way 
        associated with such power lines, shall be surrendered 
        by Phelps Dodge to the Tribe, without cost to the 
        Tribe. Prior to the surrender of the power lines, the 
        Bureau of Reclamation shall arrange for an inspection 
        of the power lines and associated facilities by a 
        qualified third party and shall obtain a certification 
        that such power lines and facilities are of sound 
        design and are in good working order. Phelps Dodge 
        shall pay for the cost of such inspection and 
        certification. Concurrently with the surrender of the 
        power lines and the right-of-way, Phelps Dodge shall 
        construct a switch station at the boundary of the 
        Reservation at which the Tribe may switch power on or 
        off and shall deliver ownership and control of such 
        switch station to the Tribe. Subsequent to the transfer 
        of the power lines and the right-of-way and the 
        delivery of ownership and control of the switch station 
        to the Tribe, Phelps Dodge shall have no further 
        obligation or liability of any nature with respect to 
        the ownership, operation, or maintenance of the power 
        lines, the right-of-way, or the switch station.
            ``(D) The Tribe and the United States will enter 
        into an exchange agreement with the Salt River Project 
        which will deliver CAP water controlled by the Tribe to 
        the Salt River Project in return for the diversion of 
        water from the Black River into the Black River 
        facilities. The exchange agreement shall be subject to 
        review and approval by Phelps Dodge, which approval 
        shall not be unreasonably withheld. Notwithstanding any 
        other provision of law, the contract referred to in 
        this subparagraph is ratified and confirmed.
            ``(E) The Tribe, the United States, and Phelps 
        Dodge will execute a contract covering the lease and 
        delivery of CAP water from the Tribe to Phelps Dodge on 
        the following terms:
                    ``(i) The Tribe will lease to Phelps Dodge 
                14,000 acre feet of CAP water per year as of 
                the date on which the interim period referred 
                to in paragraph (2) expires. The lease shall be 
                subject to the terms and conditions identified 
                in the Tribal CAP Delivery Contract referenced 
                in section 3706(b). The leased CAP water shall 
                be delivered to Phelps Dodge from the Black 
                River pursuant to the exchange referred to in 
                subparagraph (D) above, based on diversions 
                from the Black River that shall not exceed an 
                annual average of 40 acre feet per day and 
                shall not cause the flow of Black River to fall 
                below 20 cubic feet per second. Such CAP water 
                shall be delivered to Phelps Dodge at that 
                location where the channel of Eagle Creek last 
                exits the Reservation, to be utilized in the 
                Morenci mine complex and the towns of Clifton 
                and Morenci, and at no other location.
                    ``(ii) The leased CAP water shall be junior 
                to the diversion and use of up to 7,300 acre 
                feet per year from the Black and Salt Rivers by 
                the San Carlos Apache Tribe.
                    ``(iii) The lease will be for a term of 50 
                years or, if earlier, the date upon which 
                mining activities at the Morenci mine complex 
                cease, with a right to renew for an additional 
                50 years upon a finding by the Secretary that 
                the water is needed for continued mining 
                activities at the Morenci mine complex. The 
                lease shall have the following financial terms:
                            ``(I) The Tribe will lease CAP 
                        water at a cost of $1,200 per acre 
                        foot. Phelps Dodge shall pay to the 
                        United States, on behalf of the Tribe, 
                        the sum of $5,000,000upon the earlier 
of the execution of the agreement, or upon the expiration of the 
interim period referred to in paragraph (2) hereof, which amount shall 
be a prepayment for and applicable to the first 4,166 acre feet of CAP 
water to be delivered in each year during the term of the lease.
                            ``(II) Phelps Dodge shall pay the 
                        United States, on behalf of the Tribe, 
                        the sum of $65 per acre foot per year, 
                        with an annual CPI adjustment for the 
                        remaining 9,834 acre feet of water to 
                        be delivered pursuant to the lease each 
                        year. Such payments shall be made in 
                        advance on January 1 of each year, with 
                        a reconciliation made at year-end, if 
                        necessary, in the event that less than 
                        14,000 acre feet of CAP water is 
                        diverted from the Black River due to 
                        shortages in the CAP system or on the 
                        Black River.
                            ``(III) Phelps Dodge shall pay in 
                        advance each month the Tribe's 
                        reasonable costs associated with the 
                        Tribe's operation, maintenance, and 
                        replacement of the Black River 
                        facilities for purposes of delivering 
                        water to Phelps Dodge pursuant to the 
                        lease, which costs shall be based upon 
                        the experience of the Bureau of 
                        Reclamation in operating the Black 
                        River facilities during the interim 
                        period referred to in paragraph (2), 
                        subject to an annual CPI adjustment, 
                        and providing for a credit for power 
                        provided by Phelps Dodge to the Tribe. 
                        In addition, Phelps Dodge shall pay a 
                        monthly fee of $30,000 to the United 
                        States, on behalf of the Tribe, to 
                        account for the use of the Tribe's 
                        distribution system.
                            ``(IV) Phelps Dodge shall pay the 
                        United States operation, maintenance, 
                        and replacement charges associated with 
                        the leased CAP water and such 
                        reasonable interconnection charges as 
                        may be imposed by Salt River Project in 
                        connection with the exchange referred 
                        to in subparagraph (D) above.
                    ``(iv) Notwithstanding the provisions of 
                section 3707(b), any moneys, except Black River 
                facilities OM&R;, CAP OM&R; and any charges 
                associated with an exchange agreement with Salt 
                River Project, paid to the United States on 
                behalf of the Tribe from the lease referred to 
                under paragraph (3)(D)(iii) shall be held in 
                trust by the United States for the benefit of 
                the Tribe. There is hereby established in the 
                Treasury of the United States a fund to be 
                known as the `San Carlos Apache Tribe Lease 
                Fund' for such purpose. Interest accruing to 
                the Fund may be used by the Tribe for economic 
                and community development purposes upon 
                presentation to the Secretary of a certified 
                copy of a duly enacted resolution of the Tribal 
                Council requesting distribution and a written 
                budget approved by the Tribal Council. Such 
                income may thereafter be expended only in 
                accordance with such budget. Income not 
                distributed shall be added to principal. The 
                United States shall not be liable for any claim 
                or causes of action arising from the Tribe's 
                use or expenditure of moneys distributed from 
                the Fund.
                    ``(v) The lease is not assignable to any 
                third party, except with the consent of the 
                Tribe and Phelps Dodge, and with the approval 
                of the Secretary.
                    ``(vi) Notwithstanding subsection (b) 
                hereof, section 3706 shall be fully effective 
                immediately with respect to the CAP water lease 
                provided for in this subparagraph and the 
                Secretary shall take all actions authorized by 
                section 3706 necessary for purposes of 
                implementing this subparagraph. Notwithstanding 
                any other provision of law, the contract 
                referred to in this subparagraph is ratified 
                and confirmed and shall be enforceable in 
                United States district court. In the event that 
                no lease authorized by this subparagraph is 
                executed, this subparagraph, notwithstanding 
                any other provision of law, shall be 
                enforceable as a lease among the Tribe, the 
                United States, and Phelps Dodge in the United 
                States district court, and the Secretary shall 
                take all action authorized by section 3706 for 
                purposes of implementing this subparagraph in 
                such an event.
            ``(F) Any questions regarding the water claims 
        associated with Phelps Dodge's use of the Eagle Creek 
        Wellfield, its diversions of surface water from lower 
        Eagle Creek, the San Francisco River, Chase Creek, and/
        or its use of other water supplies are not addressed by 
        this title. No provision in this subsection shall 
        affect or be construed to affect any claims by the 
        Tribe, the United States, or Phelps Dodge to 
        groundwater or surface water.
    ``(4) Eagle creek.--From the effective date of this 
subsection, and during the Interim Period, the Tribe shall not, 
in any way, impede, restrict, or sue the United States 
regarding the passage of water from the Black River facilities 
into those portions of the channels of Willow Creek and Eagle 
Creek which flow through the Reservation. Phelps Dodge agrees 
to limit pumping from the Upper Eagle Creek Wellfield so that 
the combination of water from the Black River facilities and 
water pumped from the Upper Eagle Creek Wellfield does not 
exceed 22,000 acre feet per year of delivered water at the 
Phelps Dodge Lower Eagle Creek Pump Station below the 
Reservation. In calculating the pumping rates allowed under 
this subparagraph, transmission losses from Black River and the 
Upper Eagle Creek Wellfield shall be estimated, but in no event 
shall such transmission losses be more than 10 percent of the 
Black River or Upper Eagle Creek Wellfield water. Based on this 
agreement, the Tribe shall not, in any way, impede, restrict, 
or sue Phelps Dodge regarding the passage of water from the 
Phelps Dodge Upper Eagle Creek Wellfield, except that--
            (A) Phelps Dodge shall pay to the United States, on 
        behalf of the Tribe, $5,000 per month, with an annual 
        CPI adjustment from July 23, 1997, to account for the 
        passage of such flows; and
            (B) the Tribe and the United States reserve the 
        right to challenge Phelps Dodge's claims regarding the 
        pumping of groundwater from the Upper Eagle Creek 
        Wellfield, in accordance with paragraphs (2)(E) and 
        (3)(F) above. In the event that a court determines that 
        Phelps Dodge does not have the right to pump the Upper 
        Eagle Creek Wellfield, the Tribe will no longer be 
        subject to the restriction set forth in this 
        subparagraph regarding the passage of water from the 
        Wellfield through the Reservation. Nothing in this 
        subsection shall affect the rights, if any, that Phelps 
        Dodge might claim regarding the flow of water in the 
        channel of Eagle Creek in the absence of this 
        subsection.
    ``(5) Past claims.--The Act does not address claims 
relating to Phelps Dodge's prior occupancy and operation of the 
Black River facilities. The Tribe agrees not to bring any such 
claims against the United States. The Tribe also agrees that 
within 30 days after Phelps Dodge has vacated the Reservation, 
it shall dismiss with prejudice the suit that it has filed in 
Tribal Court against Phelps Dodge (The San Carlos Apache Tribe 
v. Phelps Dodge, et al., Case No. C-97-118), which such 
dismissal shall not be considered a decision on the merits, and 
any claims that it might assert against Phelps Dodge in 
connection with Phelps Dodge's prior occupancy and operation of 
the Black River facilities shall be brought exclusively in the 
United States district court.
    ``(6) Relationship to settlement.--
            ``(A) The term `Agreement', as defined by section 
        3703(2), shall not include Phelps Dodge.
            ``(B) Section 3706(j) and section 3705(f) shall be 
        repealed and shall have no effect.
    ``(7) Ratification of settlement.--The agreement between 
the San Carlos Apache Tribe, the Phelps Dodge Corporation, and 
the Secretary of the Interior, as set forth in this subsection, 
is hereby ratified and approved.''.
    (g) Technical Amendment.--Section 3702(a)(3) is amended by 
striking ``qualification'' and inserting ``quantification''.
    Sec. 5004. Paragraph (5) of section 104(c) of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(5)) is amended 
as follows:
            (1) In subparagraph (A), by striking ``, including 
        polar bears taken but not imported prior to the date of 
        enactment of the Marine Mammal Protection Act 
        Amendments of 1994,''.
            (2) By adding the following new subparagraph at the 
        end thereof:
    ``(D) The Secretary of the Interior shall, expeditiously 
after the expiration of the applicable 30 day period under 
subsection (d)(2), issue a permit for the importation of polar 
bear parts (other than internal organs) from polar bears taken 
in sport hunts in Canada before the date of enactment of the 
Marine Mammal Protection Act Amendments of 1994, to each 
applicant who submits, with the permit application, proof that 
the polar bear was legally harvested in Canada by the 
applicant. The Secretary shall issue such permits without 
regard to the provisions of subparagraphs (A) and (C)(ii) of 
this paragraph, subsection (d)(3) of this section, and sections 
101 and 102. This subparagraph shall not apply to polar bear 
parts that were imported before the effective date of this 
subparagraph.''.
    Sec. 5005. (a) Findings.--The Congress finds that--
            (1) section 2477 of the Revised Statutes (R.S. 
        2477) was repealed on October 21, 1976 by the Federal 
        Land Policy and Management Act (43 U.S.C. 1701 et 
        seq.);
            (2) the Federal Land Policy and Management Act did 
        not terminate valid rights of way established under 
        R.S. 2477 prior to its repeal;
            (3) the Federal Land Policy and Management Act 
        included four provisions which explicitly preserved 
        ``valid existing rights'' and made the actions of the 
        government ``subject to valid existing rights'';
            (4) after the repeal of R.S. 2477, disagreement and 
        confusion has surrounded the existence and extent of 
        rights of way established under R.S. 2477;
            (5) in 1994 the Secretary of the Interior published 
        proposed regulations for processing claims regarding 
        R.S. 2477 rights of way;
            (6) in 1995 and 1996 the Congress passed, and the 
        President enacted, three separate pieces of legislation 
        that prevented the Secretary of the Interior from 
        finalizing those regulations;
            (7) the Omnibus Consolidated Appropriations for 
        Fiscal Year 1997 (Public Law 104-208) permanently 
        prohibited the promulgation of final rules or 
        regulations regarding the recognition, validity, or 
        management of R.S. 2477 rights of way unless such 
        regulations were specifically authorized by a 
        subsequent Act of Congress;
            (8) the position of the Clinton Administration on 
        this issue is reflected in the written policy statement 
        issued by the Secretary of the Interior in January 1997 
        regarding R.S. 2477;
            (9) western State representatives strongly disagree 
        with the Administration's policy guidance; and
            (10) a process is needed to recommend expeditiously 
        a legislative mechanism to resolve all outstanding R.S. 
        2477 claims.
    (b) Process.--
            (1) Establishment of commission.--
                    (A) There is established a commission to be 
                known as the Commission on Section 2477 of the 
                Revised Statutes (hereinafter referred to in 
                this section as ``the Commission''). The 
                Commission shall be composed of 13 members, as 
                follows:
                            (i) two officials from Federal land 
                        management agencies, which shall be the 
                        Secretary of the Interior and the 
                        Secretary of Agriculture, or their 
                        designees;
                            (ii) six Members of Congress (or 
                        their staff designee), of whom two 
                        shall be appointed by the Majority 
                        Leader of the Senate and one by the 
                        Minority Leader of the Senate, and of 
                        whom two shall be appointed by the 
                        Speaker of the House of Representatives 
                        and one by the Minority Leader of the 
                        House of Representatives;
                            (iii) four State officials with 
                        land management or transportation 
                        development responsibilities, two of 
                        whom shall be from affected western 
                        States with a Republican Governor and 
                        two of whom shall be from affected 
                        western States with a Democratic 
                        Governor, with the four States selected 
                        by mutual agreement between the 
                        President, the Senate Majority Leader, 
                        and the Speaker of the House; and
                            (iv) a chairman, who shall be a 
                        former member of the Federal judiciary 
                        with experience in property and land 
                        management law, to be selected by 
                        consensus (or failing all reasonable 
                        attempts at consensus, majority vote) 
                        of the other 12 members of the 
                        Commission.
                    (B) The Commission shall be appointed 
                within 90 days after the date of enactment of 
                this section. The Secretary of the Interior 
                shallprovide any necessary support to the 
Commission.
                    (C) The chairman of the Commission shall 
                receive compensation at the daily rate of GS-
                15, step 7 of the General Schedule, when 
                engaged in the actual performance of duties for 
                the Commission, and shall be reimbursed for 
                actual expenses in the performance of such 
                duties by the Secretary of the Interior. All 
                other members of the Commission shall be 
                reimbursed and compensated as appropriate by 
                their respective employers and shall not be 
                considered Federal employees solely because of 
                their activities on the Commission.
                    (D) The Commission shall conduct its first 
                meeting no later than 120 days after the date 
                of enactment of this section, at which time the 
                Commission shall select by consensus or 
                majority vote the chairman. The Secretary of 
                the Interior shall recommend to Commission 
                members the names of at least three persons who 
                meet the requirements of subparagraph (A)(iv) 
                for consideration at the first meeting. Any 
                other member of the Commission may also 
                recommend persons who meet the requirements of 
                subparagraph (A)(iv) for the consideration of 
                the members at the first meeting.
            (2) Duties of commission.--
                    (A) The Commission shall recommend changes 
                to law that should be enacted to provide for an 
                expeditious resolution of all outstanding 
                claims of a right of way across Federal lands 
                established pursuant to section 2477 of the 
                Revised Statutes (43 U.S.C. 932).
                    (B) The Commission shall hold a public 
                hearing in each affected State upon the request 
                of the Governor of each such State, and shall 
                consult with the Governor of each affected 
                State in developing its recommendations. The 
                Commission may hold such other hearings as it 
                deems necessary. All hearings conducted by the 
                Commission shall be open to the public, and 
                notice of each hearing shall be provided in 
                media of general circulation within the State 
                at least 14 days prior to each such hearing. 
                The Secretary of the Interior shall publish a 
                public record of each hearing.
                    (C) The Commission shall make its 
                recommendations and all decisions by consensus, 
                or failing all reasonable attempts at 
                consensus, by majority vote. The Commission 
                shall keep a record of its discussions. The 
                Commission may, by majority vote, open its 
                meetings to the public. If the Commission does 
                conduct public meetings, it shall provide 
                public notice of the time and place at least 
                seven days in advance of each such meeting.
                    (D) The Commission shall submit its 
                recommendations to the Secretary of the 
                Interior by March 1, 1998. Not later than 15 
                days prior to this date, the Commission shall 
                provide a draft of its recommendations to the 
                Governor of each affected State, and shall 
                include any letters submitted by such Governors 
                with respect to such recommendations as an 
                appendix to the Commission's submission to the 
                Secretary of the Interior.
            (3) Review by secretary; submission to congress.--
        The Secretary of the Interior shall review and either 
        approve or disapprove of the Commission's 
        recommendations in their entirety by March 31, 1998. If 
        the Secretary of the Interior approves of the 
        Commission's recommendations, the Secretary shall 
        submit all of the Commission's recommendations to the 
        Committee on Energy andNatural Resources of the Senate 
and the Committee on Resources of the House of Representatives by April 
1, 1998. If the Secretary of the Interior disapproves of the 
Commission's recommendations, the Secretary shall state the reasons in 
writing for such disapproval and send a copy of such reasons with the 
Commission's recommendations to the Congress.
            (4) Congressional procedure.--
                    (A) Introduction.--The Chairman of the 
                Committee on Energy and Natural Resources of 
                the Senate and the Chairman of the Committee on 
                Resources of the House of Representatives (or 
                their designees) shall introduce the 
                Commission's recommendations as a bill in their 
                respective Houses no later than 10 calendar 
                days after such recommendations are approved 
                and submitted by the Secretary of the Interior 
                pursuant to paragraph (3). The provisions of 
                this paragraph hereinafter set forth shall not 
                apply to any bill containing the 
                recommendations of the Commission if the 
                Secretary of the Interior disapproves the 
                Commission's recommendations under paragraph 
                (3).
                    (B) Consideration in the house.--
                            (i) Any committee of the House of 
                        Representatives to which a bill 
                        introduced pursuant to subsection (A) 
                        is referred shall report it, with or 
                        without amendment and with or without 
                        recommendation, not later than 60 days 
                        of session after the date of such 
                        referral. If any committee fails to 
                        report the bill within that period, it 
                        is in order to move that the House 
                        discharge the committee from further 
                        consideration of the bill. A motion to 
                        discharge the bill may only be made by 
                        a member favoring the bill (but only at 
                        a time or place designated by the 
                        Speaker in the legislative schedule of 
                        the day after the calendar day on which 
                        the member offering the motion 
                        announces to the House his intention to 
                        do so and the form of the motion). The 
                        motion is highly privileged. Debate 
                        thereon shall be limited to not more 
                        than one hour, the time to be divided 
                        in the House equally between a 
                        proponent and opponent. The previous 
                        question shall be considered as ordered 
                        on the motion to its adoption without 
                        intervening motion. A motion to 
                        reconsider the vote by which the motion 
                        was agreed to or disagreed to shall not 
                        be in order.
                            (ii) After a bill introduced 
                        pursuant to subparagraph (A) is 
                        reported or a committee has been 
                        discharged from further consideration, 
                        it is in order to move that the House 
                        resolve into the Committee of the Whole 
                        House on the State of the Union for 
                        consideration of the bill. If reported 
                        and the report has been available for 
                        at least one calendar day, all points 
                        of order against the bill and against 
                        consideration of the bill are waived. 
                        If discharged, all points of order 
                        against the bill and against 
                        consideration of the bill are waived. 
                        The motion is highly privileged. A 
                        motion to reconsider the vote by which 
                        the motion was agreed to or disagreed 
                        to shall not be in order. During 
                        consideration of the bill in the 
                        Committee of the Whole, the first 
                        reading of the bill shall be dispensed 
                        with. General debate shall proceed, 
                        shall be confined to the bill, and 
                        shall not exceed four hours equally 
                        divided and controlled by aproponent 
and opponent of the bill. The bill shall be considered as read for 
amendment under the five-minute rule. Only one motion to rise shall be 
in order, except if offered by the manager. Consideration of the bill 
for amendment shall not exceed four hours excluding time for recorded 
votes and quorum calls. At the conclusion of the consideration of the 
bill for amendment, the Committee shall rise and report the bill to the 
House with such amendments as may have been adopted. The previous 
question shall be considered as ordered on the bill and amendments 
thereto to final passage without intervening motion. A motion to 
reconsider the vote on passage of the bill shall not be in order.
                            (iii) Appeals from the decision of 
                        the Chair regarding application of the 
                        rules of the House of Representatives 
                        to the procedure relating to a bill 
                        introduced pursuant to subparagraph (A) 
                        shall be decided without debate.
                            (iv) It shall not be in order to 
                        consider under this subparagraph more 
                        than one bill introduced pursuant to 
                        subparagraph (A) except for 
                        consideration of a Senate bill 
                        introduced pursuant to subparagraph 
                        (A).
                    (C) Consideration in the senate.--
                            (i) A bill introduced pursuant to 
                        subparagraph (A) shall be referred to 
                        the appropriate committee or 
                        committees. A committee to which the 
                        bill is referred shall report the bill 
                        not later than 60 days of session after 
                        such referral. If any committee fails 
                        to report the bill within that period, 
                        that committee shall be automatically 
                        discharged from further consideration 
                        of the bill and the bill shall be 
                        placed on the calendar.
                            (ii) A motion to proceed to 
                        consideration of a bill introduced 
                        pursuant to subparagraph (A) and 
                        reported or automatically discharged 
                        pursuant to subparagraph (C)(i) shall 
                        not be debatable. It shall not be in 
                        order to move to reconsider the vote by 
                        which the motion to proceed was adopted 
                        or rejected, although subsequent 
                        motions to proceed may be made under 
                        this clause.
                            (iii) After no more than 30 hours 
                        of consideration of a bill introduced 
                        pursuant to subparagraph (A), the 
                        Senate shall proceed, without 
                        intervening action or debate, to vote 
                        on final disposition thereof to the 
                        exclusion of all amendments not then 
                        pending and to the exclusion of all 
                        motions, except a motion to reconsider 
                        or to table. The time for debate on the 
                        bill shall be equally divided between 
                        the Majority Leader and the Minority 
                        Leader or their designees.
                            (iv) Only relevant amendments to 
                        the bill shall be in order. Debate on 
                        any amendment shall be limited to one 
                        hour, equally divided and controlled by 
                        the Senator proposing the amendment and 
                        the majority manager, unless the 
                        majority manager is in favor of the 
                        amendment, in which case the minority 
                        manager shall be in control of the time 
                        in opposition.
                            (v) A motion to recommit a bill 
                        introduced pursuant to subparagraph (A) 
                        shall not be in order.
                            (vi) If the Senate receives a 
                        message from the House on a bill 
                        introduced pursuant to subparagraph 
                        (A), consideration in the Senate of all 
                        motions, amendments, or appeals 
                        necessary to dispose of such message 
                        shall be limited to four hours, equally 
                        divided in the usual form.
                    (D) Exercise of rulemaking powers.--The 
                provisions of this paragraph are enacted by the 
                Congress--
                            (i) as an exercise of the 
                        rulemaking power of the House of 
                        Representatives and the Senate, 
                        respectively, and as such they shall be 
                        considered as part of the rules of each 
                        House, respectively, or of that House 
                        to which they specifically apply, and 
                        such rules shall supersede other rules 
                        only to the extent they are 
                        inconsistent therewith; and
                            (ii) with full recognition of the 
                        Constitutional right of either House to 
                        change such rules (so far as to 
                        relating to such House) at any time, in 
                        the same manner, and to the same extent 
                        as in the case of any other rule of 
                        such House.
            (5) Applicability of other law.--
                    (A) No express authorization.--This section 
                shall not be construed as an express 
                authorization for any final rule or regulation 
                under any law.
                    (B) Federal advisory committee act.--The 
                Federal Advisory Committee Act (5 U.S.C. App. 
                2) shall not apply to the Commission 
                established by this section.

                               CHAPTER 6

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


               health education assistance loans program


    Public Law 104-208, under the heading ``Health Education 
Assistance Loans Program'' is amended by inserting after 
``$140,000,000'' the following: ``: Provided further, That the 
Secretary may use up to $499,000 derived by transfer from 
insurance premiums collected from guaranteed loans made under 
Title VII of the Public Health Service Act for the purpose of 
carrying out section 709 of that Act''.

                Administration for Children and Families


                children and families services programs


    Public Law 104-208, under the heading titled ``Children and 
Families Services Programs'' is amended by inserting after the 
reference to ``part B(1) of title IV'' the following: ``and 
Section 1110''.

                        Office of the Secretary


            public health and social services emergency fund


    For expenses necessary to support high priority health 
research, $15,000,000, to remain available until expended: 
Provided, That the Secretary shall award such funds on a 
competitive basis.

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

    For additional amounts to carry out subpart 2 of part A of 
title I of the Elementary and Secondary Education Act of 1965, 
$101,133,000, of which $78,362,000 shall be for Basic Grants 
and $22,771,000 shall be for Concentration Grants, which shall 
be allocated, notwithstanding any other provision of law, only 
to those States, and counties within those States, that will 
receive, from funds available under the Department of Education 
Appropriations Act, 1997, smaller allocations for Grants to 
Local Educational Agencies than they would have received had 
those allocations been calculated entirely on the basis of 
child poverty counts from the 1990 census: Provided, That the 
Secretary of Education shall use these additional funds to 
provide those States with 50 percent of the difference between 
the allocations they would have received had the allocations 
under that Appropriations Act been calculated entirely on the 
basis of the 1990 census data and the allocations under the 
1997 Appropriations Act: Provided further, That if any State's 
total allocation under that Appropriations Act and this 
paragraph is less than its 1996 allocation for that subpart, 
thatState shall receive, under this paragraph, the amount the 
State would have received had that allocation been calculated entirely 
on the basis of child poverty counts from the 1990 census: Provided 
further, That the Secretary shall ratably reduce the allocations to 
states under the preceding proviso for either Basic Grants or 
Concentration Grants, or both, as the case may be, if the funds 
available are insufficient to make those allocations in full: Provided 
further, That the Secretary shall allocate, to such counties in each 
such State, additional amounts for Basic Grants and Concentration 
Grants that are in the same proportion, respectively, to the total 
amounts allocated to the State, as the differences between such 
counties' initial allocations for Basic Grants and Concentration 
Grants, respectively (compared to what they would have received had the 
initial allocations been calculated entirely on the basis of 1990 
census data), are to the differences between the State's initial 
allocations for Basic Grants and Concentration Grants, respectively 
(compared to the amounts the State would have received had the initial 
allocations been calculated entirely on the basis of 1990 census data): 
Provided further, That the funds appropriated under this paragraph 
shall become available on July 1, 1997 and shall remain available 
through September 30, 1998: Provided further, That the additional 
amounts appropriated under this paragraph shall not be taken into 
account in determining State allocations under any other program 
administered by the Secretary.

                             RELATED AGENCY

          National Commission on the Cost of Higher Education


                         salaries and expenses


    For necessary expenses for the National Commission on the 
Cost of Higher Education, $650,000, to remain available until 
expended.

                     GENERAL PROVISIONS, CHAPTER 6

    Sec. 6001. Notwithstanding any other provision of law, 
fiscal year 1995 funds awarded under State-administered 
programs of the Department of Education and funds awarded for 
fiscal year 1996 for State-administered programs under the 
Rehabilitation Act of the Department of Education to recipients 
in Presidentially declared disaster areas, which were declared 
as such during fiscal year 1997, are available to those 
recipients for obligation until September 30, 1998: Provided, 
That for the purposes of assisting those recipients, the 
Secretary's waiver authority under section 14401 of the 
Elementary and Secondary Education Act of 1965 shall be 
extended to all State-administered programs of the Department 
of Education. This special waiver authority applies only to 
funds awarded for fiscal years 1995, 1996 and 1997.
    Sec. 6002. Notwithstanding any other provision of law, the 
Secretary of Education may waive or modify any statutory or 
regulatory provision applicable to the student financial aid 
programs under title IV of the Higher Education Act that the 
Secretary deems necessary to assist individuals and other 
program participants who suffered financial harm from natural 
disasters and who, at the time the disaster struck were 
operating, residing at, or attending an institution of higher 
education, or employed within these areas on the date which the 
President declared the existence of a major disaster (or, in 
the case of an individual who is a dependent student, whose 
parent or stepparent suffered financial harm from such 
disaster, and who resided, or was employed in such an area at 
that time): Provided further, That such authority shall be in 
effect only for awards for award years 1996-1997 and 1997-1998.
    Sec. 6003. None of the funds provided in this Act or in any 
other Act making appropriations for fiscal year 1997 may be 
used to administer or implement in Denver, Colorado, the 
Medicare Competitive Pricing/Open Enrollment Demonstration, as 
titled in the April 1, 1997, Final Request for Proposals (RFP).

SEC. 6004. EMERGENCY USE OF CHILD CARE FUNDS.

    (a) In General.--Notwithstanding any other provision of 
law, during the period beginning on April 30, 1997, and ending 
on July 30, 1997, the Governors of the States described in 
paragraph (1) of subsection (b) may, subject to subsection (c), 
use amounts received for the provision of child care assistance 
or services under the Child Care and Development Block Grant 
Act of 1990 (42 U.S.C. 9801 et seq.) to provide emergency child 
care services to individuals described in paragraph (2) of 
subsection (b).
    (b) Eligibility.--
            (1) Of states.--A State described in this paragraph 
        is a State in which the President, pursuant to section 
        401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121), has 
        determined that a major disaster exists, or that an 
        area within the State is determined to be eligible for 
        disaster relief under other Federal law by reason of 
        damage related to flooding in 1997.
            (2) Of individuals.--An individual described in 
        this subsection is an individual who--
                    (A) resides within any area in which the 
                President, pursuant to section 401 of the 
                Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5121), has 
                determined that a major disaster exists, or 
                within an area determined to be eligible for 
                disaster relief under other Federal law by 
                reason of damage related to flooding in 1997; 
                and
                    (B) is involved in unpaid work activities 
                (including the cleaning, repair, restoration, 
                and rebuilding of homes, businesses, and 
                schools) resulting from the flood emergency 
                described in subparagraph (A).
    (c) Limitations.--
            (1) Requirements.--With respect to assistance 
        provided to individuals under this section, the 
        quality, certification and licensure, health and 
        safety, nondiscrimination, and other requirements 
        applicable under the Federal programs referred to in 
        subsection (a) shall apply to child care provided or 
        obtained under this section.
            (2) Amount of funds.--The total amount utilized by 
        each of the States under subsection (a) during the 
        period referred to in such subsection shall not exceed 
        the total amount of such assistance that, 
        notwithstanding the enactment of this section, would 
        otherwise have been expended by each such State in the 
        affected region during such period.
    (d) Priority.--In making assistance available under this 
section, the Governors described in subsection (a) shall give 
priority to eligible individuals who do not have access to 
income, assets, or resources as a direct result of the flooding 
referred to in subsection (b)(2)(A).


              extension of ssi redetermination provisions


    Sec. 6005. (a) Section 402(a)(2)(D)(i) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 
(8 U.S.C. 1612(a)(2)(D)(i)) is amended--
            (1) in subclause (I), by striking ``the date which 
        is 1 year after such date of enactment,'' and inserting 
        ``September 30, 1997,''; and
            (2) in subclause (III), by striking ``the date of 
        the redetermination with respect to such individual'' 
        and inserting ``September 30, 1997,''.
    (b) The amendment made by subsection (a) shall be effective 
as if included in the enactment of section 402 of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996.

                               CHAPTER 7

                        CONGRESSIONAL OPERATIONS

                                 SENATE

                   Contingent Expenses of the Senate


                        secretary of the senate


                          (transfer of funds)


    For an additional amount for expenses of the ``Office of 
the Secretary of the Senate'', to carry out the provisions of 
section 8 of the Legislative Branch Appropriations Act, 1997, 
$5,000,000, to remain available until September 30, 2000, to be 
derived by transfer from funds previously appropriated from 
fiscal year 1997 funds under the heading ``SENATE'', subject to 
the approval of the Committee on Appropriations.

                        HOUSE OF REPRESENTATIVES

      Payments to Widows and Heirs of Deceased Members of Congress

    For payment to Marissa, Sonya, and Frank (III) Tejeda, 
children of Frank Tejeda, late a Representative from the State 
of Texas, $133,600.

                              OTHER AGENCY

                             Botanic Garden


                         salaries and expenses


    For an additional amount for ``Salaries and Expenses, 
Botanic Garden'', $33,500,000, to remain available until 
expended, for emergency repair and renovation of the 
Conservatory.

                     GENERAL PROVISIONS, CHAPTER 7

    Sec. 7001. Section 105(f) of the Legislative Branch 
Appropriation Act, 1968 (2 U.S.C. 61-1(f)) is amended by adding 
at the end the following: ``The limitation on the minimum rate 
of gross compensation under this subsection shall not apply to 
any member or civilian employee of the Capitol Police whose 
compensation is disbursed by the Secretary of the Senate.''.
    Sec. 7002. (a) Notwithstanding any other provision of law 
or regulation, with the approval of the Committee on Rules and 
Administration of the Senate, the Sergeant at Arms and 
Doorkeeper of the Senate is authorized to provide additional 
facilities, services, equipment, and office space for use by a 
Senator in that Senator's State in connection with a disaster 
or emergency declared by the President under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act. Expenses 
incurred by the Sergeant at Arms and Doorkeeper of the Senate 
under this section shall be paid from the appropriation 
account, within the contingent fund of the Senate, for expenses 
of the Office of the Sergeant at Arms and Doorkeeper of the 
Senate, upon vouchers signed by the Sergeant at Arms and 
Doorkeeper of the Senate with the approval of the Committee on 
Rules and Administration of the Senate.
    (b) This section is effective on and after the date of 
enactment of this Act.
    Sec. 7003. (a) Section 2 of Public Law 100-71 (2 U.S.C. 
65f) is amended by adding at the end the following: ``(c) Upon 
the written request of the Secretary of the Senate, with the 
approval of the Committee on Appropriations of the Senate, 
there shall be transferred any amount of funds available under 
subsection (a) specified in the request, but not to exceed 
$10,000 in any fiscal year, from the appropriation account 
(within the contingent fund of the Senate) for expenses of the 
Office of the Secretary of the Senate to the appropriation 
account for the expense allowance of the Secretary of the 
Senate. Any funds so transferred shall be available in like 
manner and for the same purposes as are other funds in the 
account to which the funds are transferred.''.
    (b) The amendment made by subsection (a) shall be effective 
with respect to appropriations for fiscal years beginning on or 
after October 1, 1996.
    Sec. 7004. The Comptroller General may use available funds, 
now and hereafter, to enter into contracts for the acquisition 
of severable services for a period that begins in one fiscal 
year and ends in the next fiscal year and to enter in multiyear 
contracts for the acquisition of property and nonaudit-related 
services, to the same extent as executive agencies under the 
authority of sections 303L and 304B, respectively, of the 
Federal Property and Administrative Services Act (41 U.S.C. 
sec. 253l and 254c).

                               CHAPTER 8

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard


                           operating expenses


    For an additional amount for ``Operating Expenses'', 
$1,600,000, for necessary expenses directly related to support 
activities in the TWA Flight 800 crash investigation, to remain 
available until expended.


                              retired pay


    For an additional amount for ``Retired Pay'', $9,200,000.

                     Federal Highway Administration


                          federal-aid highways


                        emergency relief program


                          (highway trust fund)


    For an additional amount for the Emergency Relief Program 
for emergency expenses resulting from flooding and other 
natural disasters, as authorized by 23 U.S.C. 125, 
$650,000,000, to be derived from the Highway Trust Fund and to 
remain available until expended: Provided, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That 23 U.S.C. 125(b)(1) shall not apply to 
projects resulting from the December 1996 and January 1997 
flooding in the western States.


                          federal-aid highways


                      (limitation on obligations)


                          (highway trust fund)


    The limitation under this heading in Public Law 104-205 is 
increased by $694,810,534: Provided, That such additional 
authority shall remain available during fiscal year 1997: 
Provided further, That notwithstanding any other provision of 
law, the authority provided herein above shall be distributed 
to ensure that States receive an amount they would have 
received had the Highway Trust Fund fiscal year 1994 income 
statement not been understated prior to the revision on 
December 24, 1996: Provided further, That notwithstanding any 
other provision of law, $318,077,043 of the amount provided 
herein above shall be distributed to assure that States receive 
obligation authority that they would have received had the 
Highway Trust Fund fiscal year 1995 income statement not been 
revised on December 24, 1996: Provided further, That the 
remaining authority provided herein above shall be distributed 
to those States whose share of Federal-aid obligation 
limitation under Section 310 of Public Law 104-205 is less than 
the amount such States received under Section 310(a) of Public 
Law 104-50 in fiscal year 1996 in a ratio equal to the amounts 
necessary to bring each such State to the Federal-aid 
obligation limitation distributed under Section 310(a) of 
Public Law 104-50.

                    Federal Railroad Administration


              emergency railroad rehabilitation and repair


    For necessary expenses to repair and rebuild freight rail 
lines of regional and short line railroads or a State entity 
damaged by floods, $18,900,000, to be awarded subject to the 
discretion of the Secretary on a case-by-case basis: Provided, 
That up to $900,000 shall be solely for damage incurred in West 
Virginia in September 1996 and $18,000,000 shall be solely for 
damage incurred in the Northern Plains States in March and 
April 1997: Provided further, That funds provided under this 
head shall be available for rehabilitation of railroad rights-
of-way, bridges, and other facilities which are part of the 
general railroad system of transportation, and primarily used 
by railroads to move freight traffic: Provided further, That 
railroad rights-of-way, bridges, and other facilities owned by 
class I railroads are not eligible for funding under this head 
unless the right-of-way, bridges or other facilities are under 
contract lease to a class II or class III railroad under which 
the lessee is responsible for all maintenance costs of the 
line: Provided further, That railroad rights-of-way, bridges 
and other facilitiesowned by passenger railroads, or by 
tourist, scenic, or historic railroads are not eligible for funding 
under this head: Provided further, That these funds shall be available 
only to the extent an official budget request, for a specific dollar 
amount, that includes designation of the entire amount as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That all funds made 
available under this head are to remain available until September 30, 
1997.

                             RELATED AGENCY

                  National Transportation Safety Board


                         salaries and expenses


    For an additional amount for ``Salaries and Expenses'', for 
emergency expenses resulting from the crashes of TWA Flight 
800, ValuJet Flight 592, and Comair Flight 3272, and for 
assistance to families of victims of aviation accidents as 
authorized by Public Law 104-264, $29,859,000, of which 
$4,877,000 shall remain available until expended: Provided, 
That these funds shall be available only to the extent an 
official budget request, for a specific dollar amount, that 
includes designation of the entire amount as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further, That the entire 
amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided 
further, That notwithstanding any other provision of law, not 
more than $10,330,000 shall be provided by the National 
Transportation Safety Board to the Department of the Navy as 
reimbursement for costs incurred in connection with recovery of 
wreckage from TWA Flight 800 and shall be credited to the 
appropriation contained in the Omnibus Consolidated 
Appropriations Act, 1997, which is available for the same 
purpose as the appropriation originally charged for the expense 
for which the reimbursements are received, to be merged with, 
and to be available for the same purpose as the appropriation 
to which such reimbursements are credited: Provided further, 
That notwithstanding any other provision of law, of the amount 
provided to the National Transportation Safety Board, not more 
than $6,059,000 shall be made available to theState of New York 
and local counties in New York, as reimbursement for costs incurred in 
connection with the crash of TWA Flight 800: Provided further, That 
notwithstanding any other provision of law, of the amount provided, not 
more than $3,100,000 shall be made available to Metropolitan Dade 
County, Florida as reimbursement for costs incurred in connection with 
the crash of ValuJet Flight 592: Provided further, That notwithstanding 
any other provision of law, of the amount provided, not more than 
$300,000 shall be made available to Monroe County, Michigan as 
reimbursement for costs incurred in connection with the crash of Comair 
Flight 3272.

                     GENERAL PROVISIONS, CHAPTER 8

    Sec. 8001. Title I of the Department of Transportation and 
Related Agencies Appropriations Act, 1997 (Public Law 104-205) 
is amended under the heading ``Federal Transit Administration--
Discretionary Grants'' by striking ``$661,000,000'' and 
inserting ``$661,000''.
    Sec. 8002. Section 325 of Title III of the Department of 
Transportation and Related Agencies Appropriations Act, 1997 
(Public Law 104-205) is amended by deleting all text following: 
``Provided, That such funds shall not be subject to the 
obligation limitation for Federal-aid highways and highway 
safety construction.''.
    Sec. 8003. Section 410(j) of title 23, United States Code, 
is amended by striking the period after ``1997'' and inserting 
``, and an additional $500,000 for fiscal year 1997.''.
    Sec. 8004. Section 30308(a) of title 49, United States 
Code, is amended by striking ``and 1996'' and inserting ``, 
1996, and 1997''.

                               CHAPTER 9

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         salaries and expenses


    For an additional amount under the heading ``Departmental 
Offices, Salaries and Expenses'', $1,950,000: Provided, That 
the Secretary of Treasury may utilize the law enforcement 
services, personnel, equipment, and facilities of the State of 
Colorado, the County of Denver, and the City of Denver, with 
their consent, and shall reimburse the State of Colorado, the 
County of Denver, and the City of Denver for the utilization of 
such law enforcement services, personnel (for salaries, 
overtime, and benefits), equipment, and facilities for security 
arrangements for the Denver Summit of Eight being held June 20 
through June 22, 1997, in Denver, Colorado subject to 
verification of appropriate costs.

               COUNTER-TERRORISM AND DRUG LAW ENFORCEMENT

                       DEPARTMENT OF THE TREASURY

                     United States Customs Service


                         salaries and expenses


    Of the funds made available under this heading in Public 
Law 104-208, $16,000,000 shall be available until September 30, 
1998 to develop further the Automated Targeting System.

                          U.S. POSTAL SERVICE

                   Payment to the Postal Service Fund

    For an additional amount for the Postal Service Fund for 
revenue forgone on free and reduced rate mail, pursuant to 
subsection (d) of section 2401 of title 39, United States Code, 
$5,383,000.

                     GENERAL PROVISIONS, CHAPTER 9

    Sec. 9001. The Administrator of General Services is 
authorized to obligate the funds appropriated in Public Law 
104-208 for construction of the Montgomery, Alabama courthouse.
    Sec. 9002. None of the funds appropriated or made available 
in this Act or any other Act may be used by the General 
Services Administration to implement Section 1555 of the 
Federal Acquisition Streamlining Act of 1994 (Public Law 103-
355) prior to the date of adjournment of the first session of 
the 105th Congress.
    Sec. 9003. (a) The Bureau of Engraving and Printing and the 
Department of the Treasury shall not award a contract for 
Solicitation No. BEP-97-13(TN) or Solicitation No. BEP-96-
13(TN) until the General Accounting Office (GAO) has completed 
a comprehensive analysis of the optimum circumstances for 
government procurement of distinctive currency paper. The GAO 
shall report its findings to the House and Senate Committees on 
Appropriations no later than August 1, 1998.
    (b) The contractual term of the distinctive currency paper 
``bridge'' contract shall not exceed 24 months, and the 
contract shall not be effective until the Secretary of the 
Department of the Treasury certifies that the price under the 
terms of any ``bridge'' contract is fair and reasonable and 
that the terms of any ``bridge'' contract are customary and 
appropriate according to Federal procurement regulations. In 
addition, the Secretary of the Treasury shall report to the 
Committees on Appropriations on the price and profit levels of 
any ``bridge'' contract at the time of certification.
    Sec. 9004. (a) Chapter 63 of title 5, United States Code, 
is amended by adding after subchapter V the following:

      ``SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES

``Sec. 6391. Authority for leave transfer program in disasters and 
                    emergencies

    ``(a) For the purpose of this section--
            ``(1) `employee' means an employee as defined in 
        section 6331(1); and
            ``(2) `agency' means an Executive agency.
    ``(b) In the event of a major disaster or emergency, as 
declared by the President, that results in severe adverse 
effects for a substantial number of employees, the President 
may direct the Office of Personnel Management to establish an 
emergency leave transfer program under which any employee in 
any agency may donate unused annual leave for transfer to 
employees of the same or other agencies who are adversely 
affected by such disaster or emergency.
    ``(c) The Office shall establish appropriate requirements 
for the operation of the emergency leave transfer program under 
subsection (b), including appropriate limitations on the 
donation and use of annual leave under the program. An employee 
may receive and use leave under the program without regard to 
any requirement that any annual leave and sick leave to a leave 
recipient's credit must be exhausted before any transferred 
annual leave may be used.
    ``(d) A leave bank established under subchapter IV may, to 
the extent provided in regulations prescribed by the Office, 
donate annual leave to the emergency leave transfer program 
established under subsection (b).
    ``(e) Except to the extent that the Office may prescribe by 
regulation, nothing in section 7351 shall apply to any 
solicitation, donation, or acceptance of leave under this 
section.
    ``(f) The Office shall prescribe regulations necessary for 
the administration of this section.''.
    (b) The analysis for chapter 63 of title 5, United States 
Code, is amended by adding at the end the following:

      ``SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES

``6391. Authority for leave transfer program in disasters and 
          emergencies.''.

                               CHAPTER 10

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration


                       compensation and pensions


    For an additional amount for ``Compensation and pensions'', 
$928,000,000, to remain available until expended.

                        Administrative Provision

    The Secretary of Veterans Affairs may carry out the 
construction of a multi-story parking garage at the Department 
of Veterans Affairs medical center in Cleveland, Ohio, in the 
amount of $12,300,000, and there is authorized to be 
appropriated for fiscal year 1997 for the Parking Revolving 
Fund account, a total of $12,300,000 for this project.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs


               annual contributions for assisted housing


    Notwithstanding any other provision of law, of the 
$1,000,000 appropriated for special purpose grants in Public 
Law 102-139, for a parking garage in Ashland, Kentucky, 
$500,000 shall be made available instead for use in acquiring 
parking in Ashland, Kentucky and $500,000 shall be made 
available instead for the restoration of the Paramount Theater 
in Ashland, Kentucky.


                 preserving existing housing investment


    For an additional amount for ``Preserving existing housing 
investment'', to be made available for use in conjunction with 
properties that are eligible for assistance under the Low-
Income Housing Preservation and Resident Homeownership Act of 
1990 or the Emergency Low Income Housing Preservation Act of 
1987, $3,500,000, to remain available until expended: Provided, 
That up to such amount shall be for a project in Syracuse, New 
York, the processing for which was suspended, deferred or 
interrupted for a period of nine months or more because of 
differing interpretations, by the Secretary of Housing and 
Urban Development and an owner, concerning the timing of the 
ability of an uninsured section 236 property to prepay, or by 
the Secretary and a State rent regulatory agency concerning the 
effect of a presumptively applicable State rent control law or 
regulation on the determination of preservation value under 
section 213 of such Act, if the owner of such project filed a 
notice of intent to extend the low-income affordability 
restrictions of the housing on or before August 23, 1993, and 
the Secretary approved the plan of action on or before July 25, 
1996.


   capacity building for community development and affordable housing


                          (transfer of funds)


    For ``Capacity building for community development and 
affordable housing'', as authorized by section 4 of the HUD 
Demonstration Act of 1993 (Public Law 103-120), $30,200,000, to 
remain available until expended, and to be derived by transfer 
from the Homeownership and Opportunity for People Everywhere 
Grants account: Provided, That at least $10,000,000 of the 
funding under this head be used in rural areas, including 
tribal areas.

                   Community Planning and Development


                community development block grants fund


    For an additional amount for ``Community development block 
grants fund'', as authorized under title I of the Housing and 
Community Development Act of 1974, $500,000,000, of which 
$250,000,000 shall become available for obligation on October 
1, 1997, all of which shall remain available until September 
30, 2000, for use only for buyouts, relocation, long-term 
recovery, and mitigation in communities affected by the 
flooding in the upper Midwest and other disasters in fiscal 
year 1997 and such natural disasters designated 30 days prior 
to the start of fiscal year 1997, except those activities 
reimbursable or for which funds are made available by the 
Federal Emergency Management Agency, the Small Business 
Administration, or the Army Corps of Engineers: Provided, That 
in administering these amounts, the Secretary may waive, or 
specify alternative requirements for, any provision of any 
statute or regulation that the Secretary administers in 
connection with the obligation by the Secretary or the use by 
the recipient of these funds, except for statutory requirements 
related to civil rights, fair housing and nondiscrimination, 
the environment, and labor standards, upon a finding that such 
waiver is required to facilitate the use of such funds, and 
would not be inconsistent with the overall purpose of the 
statute: Provided further, That the Secretary of Housing and 
Urban Development shall publish a notice in the Federal 
Register governing the use of community development block 
grants funds in conjunction with any program administered by 
the Director of the Federal Emergency Management Agency for 
buyouts for structures in disaster areas: Provided further, 
That for any funds under this head used for buyouts in 
conjunction with any program administered by the Director of 
the Federal Emergency Management Agency, each state or unit of 
general local government requesting funds from the Secretary of 
Housing and Urban Development for buyouts shall submit a plan 
to the Secretary which must be approved by the Secretary as 
consistent with the requirements of this program: Provided 
further, That the Secretary of Housing and Urban Development 
and the Director of the Federal Emergency Management Agency 
shall submit quarterly reports to the House and Senate 
Committees on Appropriations on all disbursements and uses of 
funds for or associated with buyouts: Provided further, That 
for purposes of disasters eligible under this head the 
Secretary of Housing and Urban Development may waive, on a 
case-by-case basis and upon such other terms as the Secretary 
may specify, in whole or in part, the requirements that 
activities benefit persons of low- and moderate-income pursuant 
to section 122 of the Housing and Community Development Act of 
1974, and may waive, in whole or in part, the requirements that 
housing qualify as affordable housing pursuant to section 290 
of the HOME Investment Partnerships Act: Provided further, That 
the entire amount shall be available only to the extent an 
official budget request, that includes designation of the 
entire amount of the request as an emergency requirement as 
defined by the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

                     Management and Administration


                         salaries and expenses


    Of the funds appropriated under this head in Public Law 
104-204, the Secretary of Housing and Urban Development shall 
enter into a contract with the National Academy of Public 
Administration not to exceed $1,000,000 no later than one month 
after enactment of this Act for an evaluation of the Department 
of Housing and Urban Development's management systems.

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency

                        buildings and facilities

    From the amounts appropriated under this heading in prior 
appropriation Acts for the Center for Ecology Research and 
Training (CERT), the Environmental Protection Agency (EPA) 
shall, after the closing of the period for filing CERT-related 
claims pursuant to the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et 
seq.), obligate the maximum amount of funds necessary to settle 
all outstanding CERT-related claims against the EPA pursuant to 
such Act. To the extent that unobligated balances then remain 
from such amounts previously appropriated, the EPA is 
authorized beginning in fiscal year 1997 to make grants to the 
City of Bay City, Michigan, for the purpose of EPA-approved 
environmental remediation and rehabilitation of publicly owned 
real property included in the boundaries of the CERT project.


                   state and tribal assistance grants


    The funds appropriated in Public Law 104-204 to the 
Environmental Protection Agency under this heading for grants 
to States and federally recognized tribes for multi-media or 
single media pollution prevention, control, and abatement and 
related activities, $674,207,000, may also be used for the 
direct implementation by the Federal Government of a program 
required by law in the absence of an acceptable State or tribal 
program.

                  Federal Emergency Management Agency

                            disaster relief

    For an additional amount for ``Disaster relief'', 
$3,300,000,000, to remain available until expended: Provided, 
That $2,300,000,000 shall become available for obligation on 
September 30, 1997, but shall not become available until the 
Director of the Federal Emergency Management Agency submits to 
the Congress a legislative proposal to control disaster relief 
expenditures including the elimination of funding for certain 
revenue producing facilities: Provided further, That of the 
funds made available under this heading, up to $20,000,000may 
be transferred to the Disaster Assistance Direct Loan Program for the 
cost of direct loans as authorized under section 417 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.): Provided further, That such transfer may be made to subsidize 
gross obligations for the principal amount of direct loans not to 
exceed $21,000,000 under section 417 of the Stafford Act: Provided 
further, That any such transfer of funds shall be made only upon 
certification by the Director of the Federal Emergency Management 
Agency that all requirements of section 417 of the Stafford Act will be 
complied with: Provided further, That the entire amount appropriated 
herein shall be available only to the extent that an official budget 
request for a specific dollar amount, that includes designation of the 
entire amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to Congress: Provided further, 
That the entire amount appropriated herein is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                     GENERAL PROVISIONS, CHAPTER 10

    Sec. 10001. The Secretary shall submit semi-annually to the 
Committees on Appropriations a list of all contracts and task 
orders issued under such contracts in excess of $250,000 which 
were entered into during the prior 6-month period by the 
Secretary, the Government National Mortgage Association, and 
the Office of Federal Housing Enterprise Oversight (or by any 
officer of the Department of Housing and Urban Development, the 
Government National Mortgage Association, or the Office of 
Federal Housing Enterprise Oversight acting in his or her 
capacity to represent the Secretary or these entities). Each 
listing shall identify the parties to the contract, the term 
and amount of the contract, and the subject matter and 
responsibilities of the parties to the contract.
    Sec. 10002. Section 8(c)(9) of the United States Housing 
Act of 1937 is amended by striking out ``Not less than one year 
prior to terminating any contract'' and inserting in lieu 
thereof: ``Not less than 180 days prior to terminating any 
contract''.
    Sec. 10003. The first sentence of section 542(c)(4) of the 
Housing and Community Development Act of 1992 is amended by 
striking out ``on not more than 12,000 units during fiscal year 
1996'' and inserting in lieu thereof: ``on not more than 12,000 
units during fiscal year1996 and not more than an additional 
7,500 units during fiscal year 1997''.
    Sec. 10004. Section 4(a) and (b)(3) of the HUD 
Demonstration Act of 1993 is amended by inserting after 
``National Community Development Initiative'': ``, Local 
Initiatives Support Corporation, The Enterprise Foundation, 
Habitat for Humanity, and Youthbuild USA''.
    Sec. 10005. Section 234(c) of the National Housing Act is 
amended by inserting after ``203(b)(2)'' the following: ``or 
pursuant to section 203(h) under the conditions described in 
section 203(h)''.
    Sec. 10006. Section 211(b)(4)(B) of the Departments of 
Veterans Affairs and Housing and Urban Development, and 
Independent Agencies Appropriations Act, 1997 (Public Law 104-
204) is amended by inserting the following at the end: ``The 
term `owner', as used in this subparagraph, in addition to it 
having the same meaning as in section 8(f) of the United States 
Housing Act of 1937, also means an affiliate of the owner. The 
term `affiliate of the owner' means any person or entity 
(including, but not limited to, a general partner or managing 
member, or an officer of either) that controls an owner, is 
controlled by an owner, or is under common control with the 
owner. The term `control' means the direct or indirect power 
(under contract, equity ownership, the right to vote or 
determine a vote, or otherwise) to direct the financial, legal, 
beneficial, or other interests of the owner.''.

                               CHAPTER 11

                        OFFSETS AND RESCISSIONS

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary


                         fund for rural america


    Of the funds provided on January 1, 1997 for section 793 of 
Public Law 104-127, Fund for Rural America, not more than 
$80,000,000 shall be available.

                       Food and Consumer Service


                 the emergency food assistance program


    Notwithstanding section 27(a) of the Food Stamp Act, the 
amount specified for allocation under such section for fiscal 
year 1997 shall be $80,000,000.

         Foreign Agricultural Service and General Sales Manager


                             export credit


    None of the funds made available in the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 1997, Public Law 104-180, may be used to 
pay the salaries and expenses of personnel to carry out a 
combined program for export credit guarantees, supplier credit 
guarantees, and emerging democracies facilities guarantees at a 
level which exceeds $3,500,000,000.


                       export enhancement program


    None of the funds appropriated or otherwise made available 
in Public Law 104-180 shall be used to pay the salaries and 
expenses of personnel to carry out an export enhancement 
program if the aggregate amount of funds and/or commodities 
under such program exceeds $10,000,000.

                         DEPARTMENT OF JUSTICE

                         General Administration


                          working capital fund


                              (rescission)


    Of the unobligated balances available under this heading, 
$6,400,000 are rescinded.

                            Legal Activities

                         assets forfeiture fund


                              (rescission)


    Of the amounts made available to the Attorney General on 
October 1, 1996, from surplus balances declared in prior years 
pursuant to 28 U.S.C. 524(c), authority to obligate $3,000,000 
of such funds in fiscal year 1997 is rescinded.

                 Immigration and Naturalization Service

                              construction


                              (rescission)


    Of the unobligated balances under this heading from amounts 
made available in Public Law 103-317, $1,000,000 are rescinded.

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology

                     industrial technology services


                              (rescission)


    Of the unobligated balances available under this heading 
for the Advanced Technology Program, $7,000,000 are rescinded.

                            RELATED AGENCIES

                   Federal Communications Commission


                         salaries and expenses


                              (rescission)


    Of the unobligated balances available under this heading, 
$1,000,000 are rescinded.

                      Ounce of Prevention Council


                              (rescission)


    Of the amounts made available under this heading in Public 
Law 104-208, $1,000,000 are rescinded.

                          DEPARTMENT OF ENERGY

                            Energy Programs


           energy supply, research and development activities


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-206 and prior years' Energy and Water Development 
Appropriations Acts, $11,180,000 are rescinded.

                    Power Marketing Administrations


 construction, rehabilitation, operation and maintenance, western area 
                          power administration


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-206 and prior years' Energy and Water Development 
Appropriations Acts, $11,352,000 are rescinded.

                         Clean Coal Technology


                              (rescission)


    Of the funds made available under this heading for 
obligation in fiscal year 1997 or prior years, $17,000,000 are 
rescinded: Provided, That funds made available in previous 
appropriations Acts shall be available for any ongoing project 
regardless of the separate request for proposal under which the 
project was selected.

                      Strategic Petroleum Reserve


                              (rescission)


    Of the funds made available under this heading in previous 
appropriations Acts, $11,000,000 are rescinded.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families


                   job opportunities and basic skills


                              (rescission)


    Of the funds made available under this heading in Public 
Law 104-208, there is rescinded an amount equal to the total of 
the funds within each State's limitation for fiscal year 1997 
that are not necessary to pay such State's allowable claims for 
such fiscal year.
    Section 403(k)(3)(F) of the Social Security Act (as in 
effect on October 1, 1996) is amended by adding after the ``,'' 
the following: ``reduced by an amount equal to the total of 
those funds that are within each State's limitation for fiscal 
year 1997 that are not necessary to pay such State's allowable 
claims for such fiscal year (except that such amount for such 
year shall be deemed to be $1,000,000,000 for the purpose of 
determining theamount of the payment under subsection (1) to 
which each State is entitled),''.

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration


                       grants-in-aid for airports


                    (airport and airway trust fund)


                 (rescission of contract authorization)


    Of the unobligated balances authorized under 49 U.S.C. 
48103 as amended, $750,000,000 are rescinded.

             National Highway Traffic Safety Administration


                     highway traffic safety grants


                          (highway trust fund)


                 (rescission of contract authorization)


    Of the available balances of contract authority under this 
heading, $13,000,000 are rescinded.

                     Federal Transit Administration


                      trust fund share of expenses


                          (highway trust fund)


                 (rescission of contract authorization)


    Of the available balances of contract authority under this 
heading, $271,000,000 are rescinded.


                          discretionary grants


                          (highway trust fund)


                 (rescission of contract authorization)


    Of the available balances of contract authority under this 
heading, for fixed guideway modernization and bus activities 
under 49 U.S.C. 5309(m)(A) and (C), $588,000,000 are rescinded.

                           INDEPENDENT AGENCY

                    General Services Administration


                   expenses, presidential transition


                              (rescission)


    Of the amounts made available under this heading in Public 
Law 104-208, $5,600,000 are rescinded.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs


               annual contributions for assisted housing


                         (including rescission)


    Of the amounts recaptured under this heading during fiscal 
year 1997 and prior years, $3,650,000,000 are rescinded: 
Provided, That the Secretary of Housing and Urban Development 
shall recapture at least $5,800,000,000 in amounts heretofore 
maintained as section 8 reserves made available to housing 
agencies for tenant-based assistance under the section 8 
existing housing certificate and housing voucher programs: 
Provided further, That all additional section 8 reserve funds 
of an amount not less than $2,150,000,000 and any recaptures 
(other than funds already designated for other uses) specified 
in section 214 of Public Law 104-204 shall be preserved under 
the head ``Section 8 ReservePreservation Account'' for use in 
extending section 8 contracts expiring in fiscal year 1998 and 
thereafter: Provided further, That the Secretary may recapture less 
than $5,800,000,000 and reserve less than $2,150,000,000 where the 
Secretary determines that insufficient section 8 funds are available 
for current fiscal year contract obligations: Provided further, That 
the Comptroller General of the United States shall conduct an audit of 
all accounts of the Department of Housing and Urban Development to 
determine whether the Department's systems for budgeting and accounting 
for section 8 rental assistance ensure that unexpended funds do not 
reach unreasonable levels and that obligations are spent in a timely 
manner.

                           INDEPENDENT AGENCY

             National Aeronautics and Space Administration


                    national aeronautics facilities


                              (rescission)


    Of the funds made available under this heading in Public 
Law 103-327, $365,000,000 are rescinded.


                  funds appropriated to the president


                          unanticipated needs


                              (rescission)


    Of the funds made available under this heading in Public 
Law 103-211 to NASA for ``Space flight, control, and data 
communications'', $4,200,000 are rescinded.

                               TITLE III

                      GENERAL PROVISIONS--THIS ACT

    Sec. 30001. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.


                       buy-american requirements


    Sec. 30002. (a) Compliance With Buy American Act.--None of 
the funds made available in this Act may be expended by an 
entity unless the entity agrees that in expending the funds the 
entity will comply with the Buy American Act (41 U.S.C. 10a-
10c).
    (b) Sense of Congress; Requirement Regarding Notice.--
            (1) Purchase of american-made equipment and 
        products.--In the case of any equipment or product that 
        may be authorized to be purchased with financial 
        assistance provided using funds made available in this 
        Act, it is the sense of the Congress that entities 
        receiving the assistance should, in expending the 
        assistance, purchase only American-made equipment and 
        products.
            (2) Notice to recipients of assistance.--In 
        providing financial assistance using funds made 
        available in this Act, the head of each Federal agency 
        shall provide to each recipient of the assistance a 
        notice describing the statement made in paragraph (1) 
        by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined 
by a court or Federal agency that any person intentionally 
affixed a label bearing a ``Made in America'' inscription, or 
any inscription with the same meaning, to any product sold in 
or shipped to the United States that is not made in the United 
States, the person shall be ineligible to receive any contract 
or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 
48, Code of Federal Regulations.
      Sec. 30003. The Office of Management and Budget is 
directed to work with federal agencies, as appropriate, to 
support the extension and revision of federal grants, contracts 
and cooperative agreements at universities affected by flooding 
in designated federal disaster areas where work on such grants, 
contracts, and cooperative agreements was suspended as a result 
of the flood disaster.

               TITLE IV--COST OF HIGHER EDUCATION REVIEW

SEC. 40001. SHORT TITLE; FINDINGS.

    (a) Short Title.--This title may be cited as the ``Cost of 
Higher Education Review Act of 1997''.
    (b) Findings.--The Congress finds the following:
            (1) According to a report issued by the General 
        Accounting Office, tuition at 4-year public colleges 
        and universities increased 234 percent from school year 
        1980-1981 through school year 1994-1995, while median 
        household income rose 82 percent and the cost of 
        consumer goods as measured by the Consumer Price Index 
        rose 74 percent over the same time period.
            (2) A 1995 survey of college freshmen found that 
        concern about college affordability was the highest it 
        has been in the last 30 years.
            (3) Paying for a college education now ranks as one 
        of the most costly investments for American families.

SEC. 40002. ESTABLISHMENT OF NATIONAL COMMISSION ON THE COST OF HIGHER 
                    EDUCATION.

    There is established a Commission to be known as the 
``National Commission on the Cost of Higher Education'' 
(hereafter in this title referred to as the ``Commission'').

SEC. 40003. MEMBERSHIP OF COMMISSION.

    (a) Appointment.--The Commission shall be composed of 11 
members as follows:
            (1) Three individuals shall be appointed by the 
        Speaker of the House.
            (2) Two individuals shall be appointed by the 
        Minority Leader of the House.
            (3) Three individuals shall be appointed by the 
        Majority Leader of the Senate.
            (4) Two individuals shall be appointed by the 
        Minority Leader of the Senate.
            (5) One individual shall be appointed by the 
        Secretary of Education.
    (b) Additional Qualifications.--Each of the individuals 
appointed under subsection (a) shall be an individual with 
expertise and experience in higher education finance (including 
the financing of State institutions of higher education), 
Federal financial aid programs, education economics research, 
public or private higher education administration, or business 
executives who have managed successful cost reduction programs.
    (c) Chairperson and Vice Chairperson.--The members of the 
Commission shall elect a Chairman anda Vice Chairperson. In the 
absence of the Chairperson, the Vice Chairperson will assume the duties 
of the Chairperson.
    (d) Quorum.--A majority of the members of the Commission 
shall constitute a quorum for the transaction of business.
    (e) Appointments.--All appointments under subsection (a) 
shall be made within 30 days after the date of enactment of 
this Act. In the event that an officer authorized to make an 
appointment under subsection (a) has not made such appointment 
within such 30 days, the appointment may be made for such 
officer as follows:
            (1) the Chairman of the Committee on Education and 
        the Workforce may act under such subsection for the 
        Speaker of the House of Representatives;
            (2) the Ranking Minority Member of the Committee on 
        Education and the Workforce may act under such 
        subsection for the Minority Leader of the House of 
        Representatives;
            (3) the Chairman of the Committee on Labor and 
        Human Resources may act under such subsection for the 
        Majority Leader of the Senate; and
            (4) the Ranking Minority Member of the Committee on 
        Labor and Human Resources may act under such subsection 
        for the Minority Leader of the Senate.
    (f) Voting.--Each member of the Commission shall be 
entitled to one vote, which shall be equal to the vote of every 
other member of the Commission.
    (g) Vacancies.--Any vacancy on the Commission shall not 
affect its powers, but shall be filled in the manner in which 
the original appointment was made.
    (h) Prohibition of Additional Pay.--Members of the 
Commission shall receive no additional pay, allowances, or 
benefits by reason of their service on the Commission. Members 
appointed from among private citizens of the United States may 
be allowed travel expenses, including per diem, in lieu of 
subsistence, as authorized by law for persons serving 
intermittently in the government service to the extent funds 
are available for such expenses.
    (i) Initial Meeting.--The initial meeting of the Commission 
shall occur within 40 days after the date of enactment of this 
Act.

SEC. 40004. FUNCTIONS OF COMMISSION.

    (a) Specific Findings and Recommendations.--The Commission 
shall study and make findings and specific recommendations 
regarding the following:
            (1) The increase in tuition compared with other 
        commodities and services.
            (2) Innovative methods of reducing or stabilizing 
        tuition.
            (3) Trends in college and university administrative 
        costs, including administrative staffing, ratio of 
        administrative staff to instructors, ratio of 
        administrative staff to students, remuneration of 
        administrative staff, and remuneration of college and 
        university presidents or chancellors.
            (4) Trends in (A) faculty workload and remuneration 
        (including the use of adjunct faculty), (B) faculty-to-
        student ratios, (C) number of hours spent in the 
        classroom by faculty, and (D) tenure practices, and the 
        impact of such trends on tuition.
            (5) Trends in (A) the construction and renovation 
        of academic and other collegiate facilities, and (B) 
        the modernization of facilities to access and utilize 
        new technologies, and the impact of such trends on 
        tuition.
            (6) The extent to which increases in institutional 
        financial aid and tuition discounting have affected 
        tuition increases, including the demographics of 
        students receiving such aid, the extent to which such 
        aid is provided to students with limited need in order 
        to attract such students to particular institutions or 
        major fields of study, and the extent to which Federal 
        financial aid, including loan aid, has been used to 
        offset such increases.
            (7) The extent to which Federal, State, and local 
        laws, regulations, or other mandates contribute to 
        increasing tuition, and recommendations on reducing 
        those mandates.
            (8) The establishment of a mechanism for a more 
        timely and widespread distribution of data on tuition 
        trends and other costs of operating colleges and 
        universities.
            (9) The extent to which student financial aid 
        programs have contributed to changes in tuition.
            (10) Trends in State fiscal policies that have 
        affected college costs.
            (11) The adequacy of existing Federal and State 
        financial aid programs in meeting the costs of 
        attending colleges and universities.
            (12) Other related topics determined to be 
        appropriate by the Commission.
    (b) Final Report.--
            (1) In general.--Subject to paragraph (2), the 
        Commission shall submit to the President and to the 
        Congress, not later than 120 days after the dateof the 
first meeting of the Commission, a report which shall contain a 
detailed statement of the findings and conclusions of the Commission, 
including the Commission's recommendations for administrative and 
legislative action that the Commission considers advisable.
            (2) Majority vote required for recommendations.--
        Any recommendation described in paragraph (1) shall be 
        made by the Commission to the President and to the 
        Congress only if such recommendation is adopted by a 
        majority vote of the members of the Commission who are 
        present and voting.
            (3) Evaluation of different circumstances.--In 
        making any findings under subsection (a) of this 
        section, the Commission shall take into account 
        differences between public and private colleges and 
        universities, the length of the academic program, the 
        size of the institution's student population, and the 
        availability of the institution's resources, including 
        the size of the institution's endowment.

SEC. 40005. POWERS OF COMMISSION.

    (a) Hearings.--The Commission may, for the purpose of 
carrying out this title, hold such hearings and sit and act at 
such times and places, as the Commission may find advisable.
    (b) Rules and Regulations.--The Commission may adopt such 
rules and regulations as may be necessary to establish the 
Commission's procedures and to govern the manner of the 
Commission's operations, organization, and personnel.
    (c) Assistance From Federal Agencies.--
            (1) Information.--The Commission may request from 
        the head of any Federal agency or instrumentality such 
        information as the Commission may require for the 
        purpose of this title. Each such agency or 
        instrumentality shall, to the extent permitted by law 
        and subject to the exceptions set forth in section 552 
        of title 5, United States Code (commonly referred to as 
        the Freedom of Information Act), furnish such 
        information to the Commission, upon request made by the 
        Chairperson of the Commission.
            (2) Facilities and services, personnel detail 
        authorized.--Upon request of the Chairperson of the 
        Commission, the head of any Federal agency or 
        instrumentality shall, to the extent possible and 
        subject to the discretion of such head--
                    (A) make any of the facilities and services 
                of such agency or instrumentality available to 
                the Commission; and
                    (B) detail any of the personnel of such 
                agency or instrumentality to the Commission, on 
                a nonreimbursable basis, to assist the 
                Commission in carrying out the Commission's 
                duties under this title.
    (d) Mails.--The Commission may use the United States mails 
in the same manner and under the same conditions as other 
Federal agencies.
    (e) Contracting.--The Commission, to such extent and in 
such amounts as are provided in appropriation Acts, may enter 
into contracts with State agencies, private firms, 
institutions, and individuals for the purpose of conducting 
research or surveys necessary to enable the Commission to 
discharge the Commission's duties under this title.
    (f) Staff.--Subject to such rules and regulations as may be 
adopted by the Commission, and to such extent and in such 
amounts as are provided in appropriation Acts, the Chairperson 
of the Commission shall have the power to appoint, terminate, 
and fix the compensation (without regard to the provisions of 
title 5, United States Code, governing appointments in the 
competitive service, and without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of such title, or 
of any other provision, or of any other provision of law, 
relating to the number, classification, and General Schedule 
rates) of an Executive Director, and of such additional staff 
as the Chairperson deems advisable to assist the Commission, at 
rates not to exceed a rate equal to the maximum rate for level 
IV of the Executive Schedule under section 5332 of such title.

SEC. 40006. FUNDING OF COMMISSION.

    There is authorized to be appropriated for fiscal year 1997 
for carrying out this title, $650,000, to remain available 
until expended, or until one year after the termination of the 
Commission pursuant to section 40007, whichever occurs first.

SEC. 40007. TERMINATION OF COMMISSION.

    The Commission shall cease to exist on the date that is 60 
days after the date on which the Commission is required to 
submit its final report in accordance with section 40004(b).

            TITLE V--DEPOSITORY INSTITUTION DISASTER RELIEF

SEC. 50001. SHORT TITLE.

    This title may be cited as the ``Depository Institutions 
Disaster Relief Act of 1997''.

SEC. 50002. TRUTH IN LENDING ACT; EXPEDITED FUNDS AVAILABILITY ACT.

    (a) Truth in Lending Act.--During the 240-day period 
beginning on the date of enactment of this Act, the Board of 
Governors of the Federal Reserve System may make exceptions to 
the Truth in Lending Act for transactions within an area in 
which the President, pursuant to section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act, has 
determined, on or after February 28, 1997, that a major 
disaster exists, or within an area determined to be eligible 
for disaster relief under other Federal law by reason of damage 
related to the 1997 flooding of the Red River of the North, the 
Minnesota River, and the tributaries of such rivers, if the 
Board determines that the exception can reasonably be expected 
to alleviate hardships to the public resulting from such 
disaster that outweigh possible adverse effects.
    (b) Expedited Funds Availability Act.--During the 240-day 
period beginning on the date of enactment of this Act, the 
Board of Governors of the Federal Reserve System may make 
exceptions to the Expedited Funds Availability Act for 
depository institution offices located within any area referred 
to in subsection (a) of this section if the Board determines 
that the exception can reasonably be expected to alleviate 
hardships to the public resulting from such disaster that 
outweigh possible adverse effects.
    (c) Time Limit on Exceptions.--Any exception made under 
this section shall expire not later than September 1, 1998.
    (d) Publication Required.--The Board of Governors of the 
Federal Reserve System shall publish in the Federal Register a 
statement that--
            (1) describes any exception made under this 
        section; and
            (2) explains how the exception can reasonably be 
        expected to produce benefits to the public that 
        outweigh possible adverse effects.

SEC. 50003. DEPOSIT OF INSURANCE PROCEEDS.

    (a) In General.--The appropriate Federal banking agency 
may, by order, permit an insured depository institution to 
subtract from the institution's total assets, in calculating 
compliance with the leverage limit prescribed under section 38 
of the Federal Deposit Insurance Act, an amount not exceeding 
the qualifying amount attributable to insurance proceeds, if 
the agency determines that--
            (1) the institution--
                    (A) had its principal place of business 
                within an area in which the President, pursuant 
                to section 401 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act, 
                has determined, on or after February 28, 1997, 
                that a major disaster exists, or within an area 
                determined to be eligible for disaster relief 
                under other Federal law by reason of damage 
                related to the 1997 flooding of the Red River 
                of the North, the Minnesota River, and the 
                tributaries of such rivers, on the day before 
                the date of any such determination;
                    (B) derives more than 60 percent of its 
                total deposits from persons who normally reside 
                within, or whose principal place of business is 
                normally within, areas of intense devastation 
                caused by the major disaster;
                    (C) was adequately capitalized (as defined 
                in section 38 of the Federal Deposit Insurance 
                Act) before the major disaster; and
                    (D) has an acceptable plan for managing the 
                increase in its total assets and total 
                deposits; and
            (2) the subtraction is consistent with the purpose 
        of section 38 of the Federal Deposit Insurance Act.
    (b) Time Limit on Exceptions.--Any exception made under 
this section shall expire not later than February 28, 1999.
    (c) Definitions.--For purposes of this section:
            (1) Appropriate federal banking agency.--The term 
        ``appropriate Federal banking agency'' has the same 
        meaning as in section 3 of the Federal Deposit 
        Insurance Act.
            (2) Insured depository institution.--The term 
        ``insured depository institution'' has the same meaning 
        as in section 3 of the Federal Deposit Insurance Act.
            (3) Leverage limit.--The term ``leverage limit'' 
        has the same meaning as in section 38 of the Federal 
        Deposit Insurance Act.
            (4) Qualifying amount attributable to insurance 
        proceeds.--The term ``qualifying amount attributable to 
        insurance proceeds'' means the amount (if any) by which 
        the institution's total assets exceed the institution's 
        average total assets during the calendar quarter ending 
        before the date of any determination referred to in 
        subsection (a)(1)(A), because of the deposit of 
        insurance payments or governmental assistance made with 
        respect to damage caused by, or other costs resulting 
        from, the major disaster.

SEC. 50004. BANKING AGENCY PUBLICATION REQUIREMENTS.

    (a) In General.--A qualifying regulatory agency may take 
any of the following actions with respect to depository 
institutions or other regulated entities whose principal place 
of business is within, or with respect to transactions or 
activities within, an area in which the President, pursuant to 
section 401 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, has determined, on or after February 
28, 1997, that a major disaster exists, or within an area 
determined to be eligible for disaster relief under other 
Federal law by reason of damage related to the 1997 flooding of 
the Red River of the North, the Minnesota River, and the 
tributaries of such rivers, if the agency determines that the 
action would facilitate recovery from the major disaster:
            (1) Procedure.--Exercising the agency's authority 
        under provisions of law other than this section without 
        complying with--
                    (A) any requirement of section 553 of title 
                5, United States Code; or
                    (B) any provision of law that requires 
                notice or opportunity for hearing or sets 
                maximum or minimum time limits with respect to 
                agency action.
            (2) Publication requirements.--Making exceptions, 
        with respect to institutions or other entities for 
        which the agency is the primary Federal regulator, to--
                    (A) any publication requirement with 
                respect to establishing branches or other 
                deposit-taking facilities; or
                    (B) any similar publication requirement.
    (b) Publication Required.--A qualifying regulatory agency 
shall publish in the Federal Register a statement that--
            (1) describes any action taken under this section; 
        and
            (2) explains the need for the action.
    (c) Qualifying Regulatory Agency Defined.--For purposes of 
this section, the term ``qualifying regulatory agency'' means--
            (1) the Board of Governors of the Federal Reserve 
        System;
            (2) the Comptroller of the Currency;
            (3) the Director of the Office of Thrift 
        Supervision;
            (4) the Federal Deposit Insurance Corporation;
            (5) the Financial Institutions Examination Council;
            (6) the National Credit Union Administration; and
            (7) with respect to chapter 53 of title 31, United 
        States Code, the Secretary of the Treasury.
    (d) Expiration.--Any exception made under this section 
shall expire not later than February 28, 1998.

SEC. 50005. SENSE OF THE CONGRESS.

    (a) Financial Services.--It is the sense of the Congress 
that the Board of Governors of the Federal Reserve System, the 
Comptroller of the Currency, the Director of the Office of 
Thrift Supervision, the Federal Deposit Insurance Corporation, 
and the National Credit Union Administration should encourage 
depository institutions to meet the financial services needs of 
their communities and customers located in areas affected by 
the 1997 flooding of the Red River of the North, the Minnesota 
River, and the tributaries of such rivers.
    (b) Appraisal Standards.--It is the sense of the Congress 
that each Federal financial institutions regulatory agency 
should, by regulation or order, make exceptions to the 
appraisal standards prescribed by title XI of the Financial 
Institutions Reform, Recovery, and Enforcement Act of 1989 (12 
U.S.C. 3331 et seq.) for transactions involving institutions 
for which the agency is the primary Federal regulator with 
respect to real property located within a disaster area 
pursuant to section 1123 of the Financial Institutions Reform, 
Recovery, and Enforcement Act of 1989 (12 U.S.C. 3352), if the 
agency determines that the exceptions can reasonably be 
expected to alleviate hardships to the public resulting from 
such disaster that outweigh possible adverse effects.

SEC. 50006. OTHER AUTHORITY NOT AFFECTED.

    No provision of this title shall be construed as limiting 
the authority of any department or agency under any other 
provision of law.

        TITLE VI--TECHNICAL AMENDMENTS WITH RESPECT TO EDUCATION

SEC. 60001. TECHNICAL AMENDMENTS RELATING TO DISCLOSURES REQUIRED WITH 
                    RESPECT TO GRADUATION RATES.

    (a) Amendments.--Section 485 of the Higher Education Act of 
1965 (20 U.S.C. 1092) is amended--
            (1) in subsection (a)(3)(B), by striking ``June 
        30'' and inserting ``August 31''; and
            (2) in subsection (e)(9), by striking ``August 30'' 
        and inserting ``August 31''.
    (b) Effective Dates.--
            (1) In General.--Except as provided in paragraph 
        (2), the amendments made by subsection (a) are 
        effective upon enactment.
            (2) Information dissemination.--No institution 
        shall be required to comply with the amendment made by 
        subsection (a)(1) before July 1, 1998.

SEC. 60002. DATE EXTENSION.

    Section 1501(a)(4) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6491(a)(4)) is amended by 
striking ``January 1, 1998'' and inserting ``January 1, 1999''.

SEC. 60003. TIMELY FILING OF NOTICE.

    Notwithstanding any other provision of law, the Secretary 
of Education shall deem Kansas and New Mexico to have timely 
submitted under section 8009(c)(1) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7709(c)(1)) the 
States' written notices of intent to consider payments 
described in section 8009(b)(1) of the Act (20 U.S.C. 
7709(b)(1)) in providing State aid to local educational 
agencies for school year 1997-1998, except that the Secretary 
may require the States to submit such additional information as 
the Secretary may require, which information shall be 
considered part of the notices.

SEC. 60004. HOLD HARMLESS PAYMENTS.

    Section 8002(h)(1) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7702(h)(1)) is amended--
            (1) in subparagraph (A), by striking ``or'' after 
        the semicolon;
            (2) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) for fiscal year 1997 and each 
                succeeding fiscal year through fiscal year 2000 
                shall not be less than 85 percent of the amount 
                such agency received for fiscal year 1996 under 
                subsection (b).''.

SEC. 60005. DATA.

    (a) In General.--Section 8003(f)(4) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7703(f)(4)) is 
amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``expenditure,'' after 
                ``revenue,''; and
                    (B) by striking the semicolon and inserting 
                a period;
            (2) by striking ``the Secretary'' and all that 
        follows through ``shall use'' and inserting ``the 
        Secretary shall use''; and
            (3) by striking subparagraph (B).
    (b) Effective Date.--The amendments made by subsection (a) 
shall apply with respect to fiscal years after fiscal year 
1997.

SEC. 60006. PAYMENTS RELATING TO FEDERAL PROPERTY.

    Section 8002(i) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7702(i)) is amended to read as follows:
    ``(i) Priority Payments.--
            ``(1) In general.--Notwithstanding subsection 
        (b)(1)(B), and for any fiscal year beginning with 
        fiscal year 1997 for which the amount appropriated to 
        carry out this section exceeds the amount so 
        appropriated for fiscal year 1996--
                    ``(A) the Secretary shall first use the 
                excess amount (not to exceed the amount equal 
                to the difference of (i) the amount 
                appropriated to carry out this section for 
                fiscal year 1997, and (ii) the amount 
                appropriated to carry out this section for 
                fiscal year 1996) to increase the payment that 
                would otherwise be made under this section to 
                not more than 50 percent of the maximum amount 
                determined under subsection (b) for any local 
                educational agency described in paragraph (2); 
                and
                    ``(B) the Secretary shall use the remainder 
                of the excess amount to increase the payments 
                to each eligible local educational agency under 
                this section.
            ``(2) Local educational agency described.--A local 
        educational agency described in this paragraph is a 
        local educational agency that--
                    ``(A) received a payment under this section 
                for fiscal year 1996;
                    ``(B) serves a school district that 
                contains all or a portion of a United States 
                military academy;
                    ``(C) serves a school district in which the 
                local tax assessor has certified that at least 
                60 percent of the real property is federally 
                owned; and
                    ``(D) demonstrates to the satisfaction of 
                the Secretary that such agency's per-pupil 
                revenue derived from local sources for current 
                expenditures is not less than that revenue for 
                the preceding fiscal year.''.

SEC. 60007. TIMELY FILING UNDER SECTION 8003.

    The Secretary of Education shall treat as timely filed, and 
shall process for payment, an amendment to an application for a 
fiscal year 1997 payment from a local educational agency under 
section 8003 of the Elementary and Secondary Education Act of 
1965 if--
            (1) that agency is described in subsection (a)(3) 
        of that section, as amended by section 376 of the 
        National Defense Authorization Act for Fiscal Year 1997 
        (Public Law 104-201);
            (2) that agency was not described in that 
        subsection prior to that amendment; and
            (3) the Secretary received the amendment to the 
        agency's application prior to the enactment of this 
        Act.

                     TITLE VII--FOOD STAMP PROGRAM

 State Option To Issue Food Stamp Benefits to Certain Individuals Made 
                      Ineligible by Welfare Reform

    (a) In General.--Section 7 of the Food Stamp Act of 1977 (7 
U.S.C. 2016) is amended--
            (1) in subsection (a), by inserting after 
        ``necessary, and'' the following: ``(except as provided 
        in subsection (j))''; and
            (2) by adding at the end the following:
    ``(j) State Option to Issue Benefits to Certain Individuals 
Made Ineligible by Welfare Reform.--
            ``(1) In general.--Notwithstanding any other 
        provision of law, a State agency may, with the approval 
        of the Secretary, issue benefits under this Act to an 
        individual who is ineligible to participate in the food 
        stamp program solely as a result of section 6(o)(2) of 
        this Act or section 402 or 403 of the Personal 
        Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (8 U.S.C. 1612 or 1613).
            ``(2) State payments to secretary.--
                    ``(A) In general.--Not later than the date 
                the State agency issues benefits to individuals 
                under this subsection, the State agency shall 
                pay the Secretary, in accordance with 
                procedures established by the Secretary, an 
                amount that is equal to--
                            ``(i) the value of the benefits; 
                        and
                            ``(ii) the costs of printing, 
                        shipping, and redeeming coupons, and 
                        other Federal costs, incurred in 
                        providing the benefits, as determined 
                        by the Secretary.
                    ``(B) Crediting.--Notwithstanding section 
                3302(b) of title 31, United States Code, 
                payments received under subparagraph (A) shall 
                be credited to the food stamp program 
                appropriation account or the account from which 
                the costs were drawn, as appropriate, for the 
                fiscal year in which the payment is received.
            ``(3) Reporting.--To be eligible to issue benefits 
        under this subsection, a State agency shall comply with 
        reporting requirements established by the Secretary to 
        carry out this subsection.
            ``(4) Plan.--To be eligible to issue benefits under 
        this subsection, a State agency shall--
                    ``(A) submit a plan to the Secretary that 
                describes the conditions and procedures under 
                which the benefits will be issued, including 
                eligibility standards, benefit levels, and the 
                methodology the State agency will use to 
                determine amounts due the Secretary under 
                paragraph (2); and
                    ``(B) obtain the approval of the Secretary 
                for the plan.
            ``(5) Violations.--A sanction, disqualification, 
        fine, or other penalty prescribed under Federal law 
        (including sections 12 and 15) shall apply to a 
        violation committed in connection with a coupon issued 
        under this subsection.
            ``(6) Ineligibility for administrative 
        reimbursement.--Administrative and other costs incurred 
        in issuing a benefit under this subsection shall not be 
        eligible for Federal funding under this Act.
            ``(7) Exclusion from enhanced payment accuracy 
        systems.--Section 16(c) shall not apply to benefits 
        issued under this subsection.''.
    (b) Conforming Amendments.--Section 17(b)(1)(B)(iv) of the 
Food Stamp Act of 1977 (7 U.S.C. 2026(b)(1)(B)(iv)) is 
amended--
            (1) in subclause (V), by striking ``or'' at the 
        end;
            (2) in subclause (VI), by striking the period at 
        the end and inserting ``; or''; and
            (3) by adding at the end the following:
                                    ``(VII) waives a provision 
                                of section 7(j).''.

                   TITLE VIII--2000 DECENNIAL CENSUS

    (a) The Congress finds that--
            (1) the decennial enumeration of the population is 
        one of the most critical constitutional functions our 
        government performs;
            (2) it is the goal that the decennial enumeration 
        of the population be as accurate as possible, 
        consistent with the Constitution;
            (3) the Constitution clearly states that the census 
        is to be an ``actual enumeration'' of the population, 
        and section 195 of title 13, United States Code, states 
        that sampling cannot be used for purposes of the 
        apportionment of Representatives in Congress among the 
        several States;
            (4) the proposed use of statistical sampling by the 
        Bureau of the Census exposes taxpayers to the 
        unacceptable risk of an inaccurate, invalid and 
        unconstitutional census; and
            (5) Congress is committed to providing the level of 
        funding that is required to perform the entire range of 
        constitutional census activities, with a particular 
        emphasis on accurately enumerating all individuals that 
        have historically been undercounted, and toward this 
        end, the Congress is eager to see aggressive and 
        innovative promotion and outreach campaigns in hard-to-
        count communities, the hiring of enumerators within 
        those localities, continued cooperation with local 
        government on address list development, and maximizing 
        census employment opportunities for individuals seeking 
        to make the transition from welfare to work.
    (b)(1) Section 141(a) of title 13, United States Code, is 
amended by adding at the end the following: ``Notwithstanding 
any other provision of law, no sampling or any other 
statistical procedure, including any statistical adjustment, 
may be used in any determination of population for purposes of 
the apportionment of Representatives in Congress among the 
several States.''.
    (2) The amendment made by this subsection shall take effect 
on the date of the enactment of this Act.
    (c) None of the funds made available in this or any other 
Act for any fiscal year may be used by the Department of 
Commerce to plan or otherwise prepare for the use of sampling 
or any other statistical procedure, including any statistical 
adjustment, in any determination of population for purposes of 
the apportionment of Representatives in Congress among the 
several States.

              TITLE IX--GOVERNMENT SHUTDOWN PREVENTION ACT

SEC. 90001. SHORT TITLE.

    This title may be cited as the ``Government Shutdown 
Prevention Act''.

SEC. 90002. CONTINUING FUNDING.

    (a) In General.--If any regular appropriation bill for 
fiscal year 1998 does not become law prior to the beginning of 
fiscal year 1998 or a joint resolution making continuing 
appropriations is not in effect, there is appropriated, out of 
any moneys in the Treasury not otherwise appropriated, and out 
of applicable corporate or other revenues, receipts, and funds, 
such sums as may be necessary to continue any program, project, 
or activity for which funds were provided in fiscal year 1997.
    (b) Level of Funding.--Appropriations and funds made 
available, and authority granted, for a program, project, or 
activity for fiscal year 1998 pursuant to this title shall be 
at 100 per cent of the rate of operations that was provided for 
the program, project, or activity in fiscal year 1997 in the 
corresponding regular appropriation Act for fiscal year 1997.
    (c) Period of Availability.--Appropriations and funds made 
available, and authority granted, for fiscal year 1998 pursuant 
to this title for a program, project, or activity shall be 
available for the period beginning with the first day of a 
lapse in appropriations and ending with the earlier of--
            (1) the date on which the applicable regular 
        appropriation bill for fiscal year 1998 becomes law 
        (whether or not that law provides for that program, 
        project, or activity) or a continuing resolution making 
        appropriations becomes law, as the case may be; or
            (2) the last day of fiscal year 1998.

SEC. 90003. TERMS AND CONDITIONS.

    (a) In General.--An appropriation of funds made available, 
or authority granted, for a program, project, or activity for 
fiscal year 1998 pursuant to this title shall be made available 
to the extent and in the manner which would be provided by the 
pertinent appropriations Act for fiscal year 1997, including 
all of the terms and conditions and the apportionment schedule 
imposed with respect to the appropriation made or funds made 
available for fiscal year 1997 or authority granted for the 
program, project, or activity under current law.
    (b) Extent and Manner.--Appropriations made by this title 
shall be available to the extent and in the manner which would 
be provided by the pertinent appropriations Act.

SEC. 90004. COVERAGE.

    Appropriations and funds made available, and authority 
granted, for any program, project, or activity for fiscal year 
1998 pursuant to this title shall cover all obligations or 
expenditures incurred for that program, project, or activity 
during the portion of fiscal year 1998 for which this title 
applies to that program, project, or activity.

SEC. 90005. EXPENDITURES.

    Expenditures made for a program, project, or activity for 
fiscal year 1998 pursuant to this title shall be charged to the 
applicable appropriation, fund, or authorization whenever a 
regular appropriation bill or a joint resolution making 
continuing appropriations until the end of fiscal year 1998 
providing for that program, project, or activity for that 
period becomes law.

SEC. 90006. INITIATING OR RESUMING A PROGRAM, PROJECT, OR ACTIVITY.

    No appropriation or funds made available or authority 
granted pursuant to this title shall be used to initiate or 
resume any program, project, or activity for which 
appropriations, funds, or other authority were not available 
during fiscal year 1997.

SEC. 90007. PROTECTION OF OTHER OBLIGATIONS.

    Nothing in this title shall be construed to effect 
Government obligations mandated by other law, including 
obligations with respect to Social Security, Medicare, 
Medicaid, and veterans benefits.

SEC. 90008. DEFINITION.

    In this title, the term ``regular appropriation bill'' 
means any annual appropriation bill making appropriations, 
otherwise making funds available, or granting authority, for 
any of the following categories of programs, projects, and 
activities:
            (1) Agriculture, rural development, and related 
        agencies programs.
            (2) The Departments of Commerce, Justice, and 
        State, the Judiciary, and related agencies.
            (3) The Department of Defense.
            (4) The government of the District of Columbia and 
        other activities chargeable in whole or in part against 
        the revenues of the District.
            (5) The Departments of Labor, Health and Human 
        Services, and Education, and related agencies.
            (6) The Departments of Veterans and Housing and 
        Urban Development, and sundry independent agencies, 
        boards, commissions, corporations, and offices.
            (7) Energy and water development.
            (8) Foreign assistance and related programs.
            (9) The Department of the Interior and related 
        agencies.
            (10) Military construction.
            (11) The Department of Transportation and related 
        agencies.
            (12) The Treasury Department, the U.S. Postal 
        Service, the Executive Office of the President, and 
        certain independent agencies.
            (13) The legislative branch.
    This Act may be cited as the ``1997 Emergency Supplemental 
Appropriations Act for Recovery from Natural Disasters, and for 
Overseas Peacekeeping Efforts, Including Those in Bosnia''.
    And the Senate agree to the same.
                                   Bob Livingston,
                                   Joseph M. McDade,
                                   Bill Young,
                                   Ralph Regula,
                                   Jerry Lewis,
                                   John Edward Porter,
                                   Harold Rogers,
                                   Joe Skeen,
                                   Frank R. Wolf,
                                   Jim Kolbe,
                                   Ron Packard,
                                   Sonny Callahan,
                                   James T. Walsh,
                                   Charles H. Taylor,
                                 Managers on the Part of the House.

                                   Ted Stevens,
                                   Thad Cochran,
                                   Arlen Specter,
                                   Pete V. Domenici,
                                   Christopher S. Bond,
                                   Slade Gorton,
                                   Mitch McConnell,
                                   Conrad Burns,
                                   Richard C. Shelby,
                                   Judd Gregg,
                                   Robert F. Bennett,
                                   Ben Nighthorse Campbell,
                                   Larry Craig,
                                   Lauch Faircloth,
                                   Kay Bailey Hutchison,
                                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. 1469) making 
emergency supplemental appropriations for recovery from natural 
disasters, and for overseas peacekeeping efforts, including 
those in Bosnia, for the fiscal year ending September 30, 1997, 
and for other purposes, 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 conference report.
      Report language included by the House in the report 
accompanying H.R. 1469 (H. Rept. 105-83) which is not changed 
by the Senate in the report accompanying S. 672 (S. Rept. 105-
16), and Senate Report language which is not changed by the 
conference are approved by the committee of conference. The 
statement of the managers while repeating some report language 
for emphasis, is not intended to negate the language referred 
to above unless expressly provided herein.

                                TITLE I

                 EMERGENCY SUPPLEMENTAL APPROPRIATIONS

                     FOR THE DEPARTMENT OF DEFENSE

                               CHAPTER 1

                    DEPARTMENT OF DEFENSE--MILITARY

      Title I of the conference agreement recommends a total of 
$1,929,480,000 in new budget authority for the Department of 
Defense, instead of $2,039,880,000 as proposed by the House and 
$1,805,480,000 as proposed by the Senate. This level is 
$168,734,000 less than the amount requested by the President. 
The new budget authority in this title is totally offset by 
rescissions of previously appropriated defense funds totaling 
$1,929,632,000 in chapter 2 of this title.
      Of the amounts in this title, $1,774,200,000 is provided 
for contingency operations in Bosnia and Southwest Asia, 
instead of $1,910,400,000 as proposed by the House and 
$1,657,000,000 as proposed by the Senate. This recommendation 
is $232,014,000 below the amount requested by the President.
      The following table provides details of the supplemental 
appropriations in Title I, Chapter 1 of the conference 
agreement.

                           TITLE I--SUPPLEMENTAL APPROPRIATIONS, DEPARTMENT OF DEFENSE                          
                                            [In millions of dollars]                                            
----------------------------------------------------------------------------------------------------------------
                                                                     Budget                                     
                                                                    request      House      Senate    Conference
----------------------------------------------------------------------------------------------------------------
  Military personnel:                                                                                           
    Military personnel, Army.....................................      322.8      306.8       306.8       306.8 
    Military personnel, Navy.....................................        7.9        7.9         7.9         7.9 
    Military personnel, Marine Corps.............................        0.3        0.3         0.3         0.3 
    Military personnel, Air Force................................       29.1       29.1        29.1        29.1 
                                                                  ----------------------------------------------
      Total, Military personnel..................................      360.1      344.1       344.1       344.1 
  Operation and maintenance:                                                                                    
    Overseas contingency operations transfer fund................     1646.1    1,566.3     1,312.9     1,430.1 
    Bosnia:                                                                                                     
        Army LOGCAP/Other Support................................  .........    (-262.8)    (-146.0)    (-262.8)
        Army OPTEMPO.............................................  .........     (138.0)      (21.0)     (138.0)
        Navy OPTEMPO Reduction...................................  .........     (-10.0)     (-10.0)     (-10.0)
        NIMA.....................................................  .........  ..........      (-2.6)      (-2.6)
        Overocean costs reimbursement to DBOF-T..................  .........  ..........     (-62.0)     (-62.0)
        SOCOM OPTEMPO Reduction..................................  .........      (-9.0)      (-9.0)      (-9.0)
        Projected OPTEMPO and force reductions...................  .........  ..........     (-66.0)  ..........
                                                                  ----------------------------------------------
          Subtotal...............................................  .........    (-143.8)    (-274.6)    (-208.4)
    Southwest Asia:                                                                                             
        Navy-Enhanced Southern Watch OPTEMPO.....................  .........      (20.0)  ..........      (15.0)
        Air Force-Enhanced Southern Watch OPTEMPO................  .........       (8.0)  ..........  ..........
        Air Force-Desert Focus (Force Protection)................  .........      (37.0)  ..........      (37.0)
        OSIA Reduced Monitoring Activity.........................  .........      (-1.0)  ..........      (-1.0)
        Projected OPTEMPO and force reductions...................  .........  ..........     (-34.0)     (-34.0)
                                                                  ----------------------------------------------
          Subtotal...............................................  .........      (64.0)     (-34.0)      (17.0)
    Other Adjustments:                                                                                          
        Drawdown Recovery Costs..................................  .........  ..........     (-24.6)     (-24.6)
                                                                  ----------------------------------------------
          Total, Operation and Maintenance.......................  .........     (-79.8)    (-333.2)    (-216.0)
                                                                  ----------------------------------------------
          Total, Contingency Operations Funding..................    2,006.2    1,910.4     1,657.0     1,774.2 
                                                                  ----------------------------------------------
    Operation and Maintenance, General:                                                                         
        OPLAN 34A/35 P.O.W. Payments.............................       20.0       20.0        20.0        20.0 
    Revolving and management funds:                                                                             
        Reserve Mobilization Income Insurance Fund...............       72.0       72.0        72.0        72.0 
                                                                  ----------------------------------------------
          Total, Supplemental Request............................    2,098.2    2,002.4     1,749.0     1,866.2 
    Other adjustments:                                                                                          
        Defense Health Program...................................  .........       21.0   ..........       21.0 
        O&M;, Defense-Wide (Force Protection).....................  .........       10.0   ..........       10.0 
        Overseas Humanitarian, Disaster and Civic Aid............  .........  ..........       50.0        25.8 
        Family Housing, Navy and Marine Corps....................  .........        6.5         6.5         6.5 
                                                                  ----------------------------------------------
          Total, Title I.........................................    2,098.2    2,039.9     1,805.5     1,929.5 
----------------------------------------------------------------------------------------------------------------

                           Bosnia Operations

      The conferees agree with the concerns raised in the House 
report regarding the Bosnia deployment, and also concur with 
the position taken by the Secretary of Defense that the 
American ground force deployment to Bosnia should be ended by 
not later than June 1998. The conferees believe that should the 
President determine that events require U.S. participation in 
the Stabilization Force or any successor force in Bosnia beyond 
this date, the President should and must seek the approval of 
the Congress.
      The conferees direct the President to provide the 
quarterly reports regarding the Bosnia deployment as described 
in the House report. The conference agreement also includes a 
general provision (Section 105) requiring the President to 
provide a report within sixty days of enactment regarding 
cumulative costs stemming from various U.S. efforts associated 
with Bosnia.

                  Contingency Operations Cost Controls

      The conferees agree with language in the Senate report 
directing the Department of Defense to identify costs by 
individual contingency operation; to notify Congress 30 days in 
advance if the Department expects to exceed the budgeted amount 
for a contingency; and to continue to meet the quarterly 
reporting requirement for the use of funds provided in the 
``Overseas Contingency Operations Transfer Fund''.

                     General Provisions, Chapter 1

      The conferees agree to retain Section 101, as proposed by 
the Senate, which allows the Secretary of the Navy to transfer 
up to $23,000,000 to reimburse accounts which have been 
depleted to repair Marine Corps facilities damaged by 
hurricanes, flooding, and other natural disasters during 1996 
and 1997.
      The conferees agree to restore Section 102, as proposed 
by the House, which provides $21,000,000 to the ``Defense 
Health Program'', only for direct patient care at military 
treatment facilities. These funds are to be used only to 
improve the level of direct care of military service members 
and their dependents at military treatment facilities. The 
conferees direct the Department of Defense to report to the 
Committees on Appropriations by July 1, 1997 on the use of 
these funds showing amounts, location, and justification for 
each project or activity.
      The conferees agree to restore Section 103, as proposed 
by the House, which provides $10,000,000 to ``Operation and 
Maintenance, Defense-Wide'', only for additional force 
protection and counter-terrorism initiatives as directed in the 
House report language. Prior to obligation of these funds, the 
Vice Chairman of the Joint Chiefs of Staff shall provide to the 
Appropriations Committees a detailed plan for utilization of 
these funds.
      The conferees agree to delete language proposed by the 
Senate which would have provided up to $100,000,000 of 
additional transfer authority for costs associated with ongoing 
operations in Bosnia and Southwest Asia.
      The conferees agree to amend Section 104, as proposed by 
the Senate, to provide an additional $25,800,000 to the 
``Overseas Humanitarian, Disaster and Civic Aid'' program, for 
a grant to the American Red Cross for armed forces emergency 
services.
      The conferees agree to amend Section 105, as proposed by 
the Senate, requiring the President to submit to Congress 60 
days after enactment of this Act a cost report which outlines 
all U.S. government expenditures in Bosnia since December 1, 
1995.

                      Marine Corps Family Housing

      In section 106, the conferees agree to appropriate 
$6,480,000, as provided in both the House and the Senate bills, 
to partially reimburse the Family Housing, Navy and Marine 
Corps account for hurricane repair Operation and Maintenance 
costs that have been absorbed. This appropriation is offset 
fully by a rescission of $6,480,000 (in Title, Chapter 2, 
section 202).
      In addition, if any foreign currency fluctuation savings 
are realized within the Family Housing, Navy and Marine Corps 
account, the conferees direct the Navy to further reimburse the 
Marine Corps for hurricane repair costs that have been 
absorbed.

                               CHAPTER 2

                              RESCISSIONS

      The conference agreement rescinds a total of 
$1,929,632,000 from funds previously provided in Department of 
Defense and Military Construction Appropriations Acts, instead 
of $2,040,347,000 as proposed by the House and $1,905,943,000 
as proposed by the Senate.
      These rescissions include: $299,250,000 in various 
accounts resulting from revised inflation estimates, 
$420,000,000 due to revised foreign currency fluctuation 
requirements, $232,263,000 in unobligated balances in various 
accounts that are expected to expire at the end of the current 
fiscal year (based on estimates provided by the Department of 
Defense), and $782,639,000 in specific program reductions, all 
from previously enacted Department of Defense Appropriations 
Acts; and $195,480,000 from previously enacted Military 
Construction Acts.
      The conference agreement specifically denies the 
$10,000,000 rescission in ``Operation and Maintenance, Defense-
Wide'', as proposed by the President (R97-4), and the 
$62,000,000 rescission in ``National Guard and Reserve 
Equipment'', as proposed by the President (R97-5). The 
conferees agree with the direct in the Senate report regarding 
the release of National Guard and Reserve Equipment funds to 
the National Guard Bureau for obligation.
      A summary of the rescissions from previously enacted 
Department of Defense Appropriations Act found in Title I, 
Chapter 2 is shown in the following table:

----------------------------------------------------------------------------------------------------------------
                                                             House              Senate            Conference    
----------------------------------------------------------------------------------------------------------------
            Department of Defense--Military                                                                     
                                                                                                                
  Fiscal year 1993:                                                                                             
    Shipbuilding and Conversion, Navy: Unobligated                                                              
     Balances.......................................        -$10,000,000        -$10,000,000        -$10,000,000
  Fiscal year 1994:                                                                                             
    Shipbuilding and Conversion, Navy: Service Craft        -$28,700,000                  $0        -$18,700,000
  Fiscal year 1995:                                                                                             
    Aircraft Procurement, Army: Unobligated Balances         -$1,085,000         -$1,085,000         -$1,085,000
    Missile Procurement, Army: Unobligated Balances.         -$2,707,000         -$2,707,000         -$2,707,000
    Procurement of Weapons and Tracked Combat                                                                   
     Vehicles, Army: Unobligated Balances...........         -$2,296,000         -$2,296,000         -$2,296,000
    Procurement of Ammunition, Army: Unobligated                                                                
     Balances.......................................         -$3,236,000         -$3,236,000         -$3,236,000
    Other Procurement, Army: Unobligated Balances...         -$2,502,000         -$2,502,000         -$2,502,000
    Aircraft Procurement, Navy: Unobligated Balances        -$34,000,000        -$34,000,000        -$34,000,000
    Weapons Procurement, Navy: Unobligated Balances.        -$16,000,000        -$16,000,000        -$16,000,000
    Procurement of Ammunition, Navy and Marine                                                                  
     Corps: Unobligated Balances....................           -$812,000           -$812,000           -$812,000
    Other Procurement, Navy: Unobligated Balances...         -$4,237,000         -$4,237,000         -$4,237,000
    Procurement, Marine Corps: Unobligated Balances.         -$1,207,000         -$1,207,000         -$1,207,000
    Aircraft Procurement, Air Force:                                                                            
        JSTARS, Advanced Procurement................        -$14,400,000                  $0        -$14,400,000
        Unobligated Balances........................        -$33,650,000        -$33,650,000        -$34,976,000
    Missile Procurement, Air Force:                                                                             
        Missile Replacement Equipment...............         -$4,000,000                  $0         -$4,000,000
        Unobligated Balances........................         -$7,195,000         -$7,195,000        -$12,020,000
    Other Procurement, Air Force: Unobligated                                                                   
     Balances.......................................         -$3,659,000         -$3,659,000         -$3,659,000
    Procurement, Defense-Wide: Unobligated Balances.        -$12,881,000         -$4,860,000         -$8,860,000
    National Guard and Reserve Equipment:                                                                       
     Unobligated Balances...........................         -$5,029,000         -$5,029,000         -$5,029,000
    Chemical Agents and Munitions Destruction,                                                                  
     Defense: Unobligated Balances..................           -$456,000           -$456,000           -$456,000
  Fiscal year 1996:                                                                                             
    Aircraft Procurement, Army:                                                                                 
        Blackhawk, Advanced Procurement.............         -$5,000,000                  $0                  $0
        Spares......................................         -$8,000,000                  $0                  $0
        Avionics Support Equipment..................         -$5,000,000                  $0         -$5,000,000
    Procurement of Weapons and Tracked Combat                                                                   
     Vehicles, Army:                                                                                            
        Carrier Mods................................         -$3,000,000                  $0         -$2,000,000
        Bradley Fighting Vehicle System.............        -$10,000,000                  $0         -$5,400,000
        Weapons/Combat Vehicle (Tank Carryover).....        -$13,000,000                  $0         -$8,000,000
    Procurement of Ammunition, Army:                                                                            
        Provision of Industrial Facilities..........         -$8,000,000         -$8,000,000         -$8,000,000
        Layaway Industrial Facilities...............         -$6,000,000         -$6,000,000         -$6,000,000
        Ammunition Base (Conventional Ammunition                                                                
         Demil).....................................        -$20,000,000                  $0         -$4,000,000
    Procurement of Ammunition, Navy and Marine                                                                  
     Corps: Unobligated Balances....................                  $0         -$4,000,000                  $0
    Other Procurement, Navy: Shipboard Tactical                                                                 
     Communications.................................         -$3,000,000         -$3,000,000         -$3,000,000
    Procurement, Marine Corps: Unobligated Balances.                  $0         -$4,000,000                  $0
    Aircraft Procurement, Air Force:                                                                            
        JSTARS......................................        -$25,000,000        -$25,000,000        -$25,000,000
        F-16........................................        -$12,000,000                  $0                  $0
        F-16 Post Production Support................        -$15,000,000        -$15,000,000        -$15,000,000
    Procurement of Ammunition, Air Force: CBU-87....        -$21,100,000                  $0         -$7,700,000
    Other Procurement, Air Force: Strategic C2......        -$10,000,000        -$10,000,000        -$10,000,000
    Procurement, Defense-Wide:                                                                                  
        DISA........................................        -$12,000,000                  $0         -$8,000,000
        Major Equipment.............................        -$10,700,000                  $0         -$8,113,000
        SDIO Major Equipment........................        -$12,100,000                  $0                  $0
    Research, Development, Test and Evaluation,                                                                 
     Army: Unobligated Balances.....................         -$4,366,000         -$4,366,000         -$4,366,000
    Research, Development, Test and Evaluation,                                                                 
     Navy:                                                                                                      
        MK-48 ADCAP (CBASS--New Start)..............         -$4,000,000                  $0         -$1,900,000
        Standard Missile Improvements (LASM--New                                                                
         Start).....................................           -$500,000                  $0                  $0
        Unobligated Balances........................        -$14,978,000        -$14,978,000        -$14,978,000
    Research, Development, Test and Evaluation, Air                                                             
     Force:                                                                                                     
        Night Precision Attack......................         -$2,000,000                  $0         -$2,000,000
        Unobligated Balances........................        -$28,396,000        -$28,396,000        -$22,245,000
    Research, Development, Test and Evaluation,                                                                 
     Defense-Wide:                                                                                              
        University Research.........................         -$9,200,000                  $0                  $0
        Defense Reinvestment........................         -$6,200,000         -$6,200,000         -$6,200,000
        Medical Electron Laser......................         -$3,300,000                  $0                  $0
        High Performance Computer...................         -$1,600,000                  $0                  $0
        Theater High Altitude Area Defense..........        -$40,000,000        -$40,000,000        -$40,000,000
        NATO Research and Development...............         -$5,200,000                  $0                  $0
        Office of Secretary of Defense Studies......         -$5,700,000                  $0         -$3,624,000
        Unobligated Balances........................        -$55,973,000        -$34,890,000        -$45,890,000
    Developmental Test and Evaluation, Defense:                                                                 
        Central Test and Evaluation.................         -$2,200,000                  $0           -$601,000
        Foreign Cooperative Testing.................         -$6,200,000                  $0         -$2,449,000
        Test and Evaluation.........................         -$3,800,000                  $0         -$2,752,000
        Unobligated Balances........................           -$890,000           -$890,000           -$890,000
    Operatonal Test and Evaluation, Defense:                                                                    
     Unobligated Balances...........................           -$160,000           -$160,000           -$160,000
    Chemical Agents and Munitions Destruction,                                                                  
     Defense:                                                                                                   
        Unobligated Balances........................           -$652,000           -$652,000           -$652,000
        Procurement.................................        -$22,000,000        -$20,000,000        -$20,000,000
  Fiscal year 1997:                                                                                             
    Military Personnel, Army: Foreign Currency                                                                  
     Savings........................................        -$37,000,000        -$46,000,000        -$57,000,000
    Military Personnel, Navy: Foreign Currency                                                                  
     Savings........................................         -$9,000,000        -$11,000,000        -$18,000,000
    Military Personnel, Marine Corps: Foreign                                                                   
     Currency Savings...............................                  $0         -$5,000,000         -$5,000,000
    Military Personnel, Air Force: Foreign Currency                                                             
     Savings........................................        -$12,000,000        -$15,000,000        -$23,000,000
    National Guard Personnel, Air Force: Endstrength                                                            
     Pricing........................................         -$7,600,000                  $0                  $0
    Operation and Maintenance, Army:                                                                            
        Capital Fund Transfer.......................        -$17,000,000                  $0        -$17,000,000
        Inflation Adjustment........................        -$19,000,000        -$19,000,000        -$19,000,000
        Foreign Currency Savings....................       -$124,000,000       -$155,000,000       -$160,000,000
    Operation and Maintenance, Navy:                                                                            
        Inflation Adjustment........................        -$24,000,000        -$24,000,000        -$24,000,000
        Foreign Currency Savings....................        -$22,000,000        -$27,000,000        -$27,000,000
    Operation and Maintenance, Marine Corps:                                                                    
        Inflation Adjustment........................                  $0         -$3,000,000                  $0
        Foreign Currency Savings....................                  $0        -$14,000,000         -$3,000,000
    Operation and Maintenance, Air Force:                                                                       
        Inflation Adjustment........................        -$18,000,000        -$18,000,000        -$18,000,000
        Foreign Currency Savings....................        -$79,000,000        -$99,000,000        -$99,000,000
    Operation and Maintenance, Defense-Wide:                                                                    
        Office of the Secretary of Defense..........        -$10,000,000                  $0                  $0
        Inflation Adjustment........................         -$8,000,000         -$8,000,000         -$8,000,000
        Foreign Currency Savings....................        -$14,000,000        -$17,000,000        -$17,000,000
    Operation and Maintenance, Army Reserve:                                                                    
     Inflation Adjustment...........................         -$1,000,000                  $0                  $0
    Operation and Maintenance, Navy Reserve:                                                                    
     Inflation Adjustment...........................         -$1,000,000                  $0                  $0
    Operation and Maintenance, Air Force Reserve:                                                               
     Inflation Adjustment...........................         -$1,000,000                  $0                  $0
    Operation and Maintenance, Army National Guard:                                                             
     Inflation Adjustment...........................         -$2,000,000                  $0                  $0
    Operational and Maintenance, Air National Guard:                                                            
     Inflation Adjustment...........................         -$3,000,000                  $0                  $0
    Environmental Restoration, Army: Inflation                                                                  
     Adjustment.....................................           -$250,000           -$250,000           -$250,000
    Environmental Restoration, Navy: Inflation                                                                  
     Adjustment.....................................           -$250,000           -$250,000           -$250,000
    Environmental Restoration, Air Force: Inflation                                                             
     Adjustment.....................................           -$250,000           -$250,000           -$250,000
    Environmental Restoration, Defense-wide:                                                                    
     Inflation Adjustment...........................                  $0           -$250,000           -$250,000
    Environmental Restoration, Formerly Used Defense                                                            
     Sites: Inflation Adjustment....................           -$250,000                  $0           -$250,000
    Former Soviet Union Threat Reduction: Inflation                                                             
     Adjustment.....................................         -$2,000,000         -$2,000,000         -$2,000,000
    Aircraft Procurement, Army:                                                                                 
        Inflation Adjustment........................         -$8,000,000         -$8,000,000         -$8,000,000
        Black Hawk, Advanced Procurement............                  $0                  $0         -$5,000,000
    Missile Procurement, Army:                                                                                  
        Inflation Adjustment........................         -$2,000,000         -$2,000,000         -$2,000,000
        ATACMS (AP).................................                  $0        -$69,000,000        -$22,000,000
    Procurement of Weapons and Tracked Combat                                                                   
     Vehicles, Army: Inflation Adjustment...........         -$5,000,000         -$5,000,000         -$5,000,000
    Procurement of Ammunition, Army:                                                                            
        Armament Retooling and Manufacutring Support        -$10,000,000        -$10,000,000        -$10,000,000
        Inflation Adjustment........................         -$1,000,000         -$1,000,000         -$1,000,000
    Other Procurement, Army:                                                                                    
        Family of Medium Tactical Vehicles..........         -$6,000,000         -$6,000,000         -$6,000,000
        Inflation Adjustment........................        -$15,000,000        -$15,000,000        -$15,000,000
    Aircraft Procurement, Navy:                                                                                 
        F-18 E/F, Advanced Procurement..............        -$48,000,000                  $0        -$24,000,000
        Inflation Adjustment........................        -$28,000,000        -$28,000,000        -$28,000,000
    Weapons Procurement, Navy: Inflation Adjustment.         -$6,000,000         -$6,000,000         -$6,000,000
    Shipbuilding and Conversion, Navy: Inflation                                                                
     Adjustment.....................................        -$33,000,000        -$33,000,000        -$33,000,000
    Other Procurement, Navy: Inflation Adjustment...         -$8,000,000         -$8,000,000         -$8,000,000
    Aircraft Procurement, Air Force:                                                                            
        F-15........................................        -$35,000,000        -$21,000,000        -$21,000,000
        Inflation Adjustment........................        -$20,000,000        -$20,000,000        -$20,000,000
    Missile Procurement, Air Force:                                                                             
        Medium Launch Vehicles......................         -$5,000,000                  $0         -$5,000,000
        Titan IV....................................       -$115,000,000       -$150,000,000       -$122,000,000
        Inertial Upper Stage........................                  $0        -$25,000,000        -$25,000,000
        Inflation Adjustment........................        -$11,000,000        -$11,000,000        -$11,000,000
    Other Procurement, Air Force:                                                                               
        Inflation Adjustment........................         -$7,000,000         -$7,000,000         -$7,000,000
        NIMA........................................                  $0                  $0        -$13,000,000
    Procurement, Defense-Wide: Inflation Adjustment.         -$5,000,000         -$5,000,000         -$5,000,000
    National Guard and Reserve Equipment: Inflation                                                             
     Adjustment.....................................         -$8,000,000                  $0         -$8,000,000
    Research, Development, Test and Evaluation,                                                                 
     Army:                                                                                                      
        C-3 Advanced Technology.....................         -$7,000,000                  $0                  $0
        Night Vision Systems--Eng Dev...............         -$5,000,000                  $0         -$5,000,000
        155 mm Light Weight Howitzer................         -$3,000,000                  $0         -$3,000,000
        Inflation Adjustment........................        -$10,000,000        -$10,000,000        -$10,000,000
    Research, Development, Test and Evaluation Navy:                                                            
        Submarine Technology........................        -$12,000,000                  $0                  $0
        Advanced Submarine Combat Systems                                                                       
         Development................................                  $0        -$12,000,000                  $0
        Tomahawk....................................        -$10,000,000                  $0                  $0
        MK-48 ADCAP (CBASS--New Start)..............         -$1,000,000                  $0           -$600,000
        Standard Missile Improvements (LASM--New                                                                
         Start).....................................         -$5,500,000                  $0                  $0
        Inflation Adjustment........................         -$9,000,000         -$9,000,000         -$9,000,000
    Research, Development, Test and Evaluation, Air                                                             
     Force:                                                                                                     
        AWACs.......................................        -$25,000,000                  $0        -$12,500,000
        Threat Simulator Development................         -$5,000,000                  $0                  $0
        Classified..................................       -$200,000,000       -$100,000,000       -$130,000,000
        WCMD........................................         -$3,500,000                  $0         -$3,500,000
        JDAM........................................         -$4,000,000                  $0         -$4,000,000
        Inflation Adjustment........................        -$22,000,000        -$22,000,000        -$22,000,000
    Research, Development, Test and Evaluation,                                                                 
     Defense-Wide:                                                                                              
        NIMA........................................                  $0        -$80,000,000        -$22,000,000
        Dual-Use Funds (COSSI)......................       -$100,000,000                  $0        -$50,000,000
        Dual-Use Funds..............................                  $0       -$100,000,000                  $0
        Inflation Adjustment........................        -$15,000,000        -$15,000,000        -$15,000,000
    National Defense Sealift Fund: LMSR.............                  $0        -$35,000,000        -$25,200,000
    Defense Health Program:                                                                                     
        Inflation Adjustment........................        -$10,000,000                  $0        -$10,000,000
        Foreign Currency Savings....................        -$11,000,000                  $0        -$11,000,000
    Chemical Agents and Munitions Destruction,                                                                  
     Defense:                                                                                                   
        Inflation Adjustment........................         -$2,000,000         -$2,000,000         -$2,000,000
        Operation and Maintenance...................                  $0         -$5,000,000         -$5,000,000
        Procurement.................................                  $0        -$20,000,000        -$20,000,000
    Drug Interdiction and Counter-Drug Activities,                                                              
     Defense: Inflation Adjustment..................         -$2,000,000         -$2,000,000         -$2,000,000
                                                     -----------------------------------------------------------
      Total.........................................     -$1,853,867,000     -$1,664,463,000     -$1,734,152,000
----------------------------------------------------------------------------------------------------------------

                       application of rescissions

      The conferees agree to the detailed instructions in the 
House report specifying the manner in which rescissions made to 
updated inflation estimates are to be applied to each budget 
activity, activity group, and subactivity group.

                             service craft

      The conferees agree to rescind $18,700,000 of fiscal year 
1994 ``Shipbuilding and Conversion, Navy'' funds for service 
craft, rather than $28,700,000 as proposed by the House. The 
rescinded funds are for a barracks craft for which the Navy 
does not plan to obligate funds until fiscal year 1998. The 
conferees note there are additional funds in the 1998 budget 
for this purpose. This action is solely due to the three year 
delay in program execution, and does not preclude the Navy from 
reinstating these funds in future fiscal years if appropriate. 
None of the rescission is to be applied to the YDT 17 Diving 
Tender program.

                                 atacms

      The conferees agree to rescind $22,000,000 of fiscal year 
1997 funds appropriated for economic order quantity (EOQ) 
purchases associated with a proposed ATACMS Block IA multiyear 
program, rather than the $69,000,000 proposed by the Senate. 
The conferees note that changing circumstances in the program 
have led the Army to defer its plans for a multiyear 
acquisition strategy for the ATACMS Block IA missile. However, 
the conferees note that there are outstanding requirements in 
the ATACMS program and therefore direct the Army to: (1) 
reprogram $3,200,000 to the Research, Development, Test and 
Evaluation, Army account to cover requirements associated with 
the extended ATACMS Block IA development program; and (2) with 
the remaining $43,800,000, procure additional Block I missiles 
in fiscal year 1997 and/or procure Block IA missiles as part of 
the fiscal year 1998 Block IA full rate production contract. 
The Army is directed to provide the Appropriations Committees 
within 30 days a detailed plan outlining its planned use of 
these funds.

                         cbass torpedo program

      The conference agreement rescinds $2,500,000 from the 
CBASS torpedo program, rather than $5,000,000 as proposed by 
the House. The conferees direct that none of the rescission may 
be applied to ongoing torpedo test and evaluation support 
activities.

                                tomahawk

      The conferees do not agree to rescind $10,000,000 in 
fiscal year 1997 Tomahawk research and development funding, as 
proposed by the House. However, the conferees are aware the 
Navy is considering several alternatives with regard to the 
future direction of the Tomahawk program which could affect the 
Navy's use of these fiscal year 1997 funds as well as the 
fiscal year 1998 Tomahawk program. The conferees direct that 
the Secretary of the Navy submit a report to the Appropriations 
Committees detailing the Navy's plans to obligate these fiscal 
year 1997 funds, and further direct that none of these funds 
may be obligated until 30 days after submission of this report.

                         classified activities

      The conference agreement includes rescissions against 
certain classified activities. The conferees direct these 
rescissions be carried out in conformance with the classified 
annex accompanying this conference report.

                     General provisions, chapter 2

      The conferees agree to delete specific general 
provisions, as proposed by the House, which rescinded funds to 
reflect savings from revised economic assumptions, revised 
foreign currency exchange rates, amounts associated with 
unobligated balances, and amounts associated with prior year 
appropriations that were expected to expire at the end of 
fiscal year 1997. Rescissions in these categories approved by 
the conferees are included in Title 1, Chapter 2 of the 
conference agreement.
      The conferees agree to delete language, as proposed by 
the Senate, which recommended repealing Section 5803 of Public 
Law 104-208.

                         DEPARTMENT OF DEFENSE

                         Military Construction

                             (rescissions)

      In section 201, the conferees agree to rescissions of 
fiscal year 1996 appropriated amounts totaling $180,000,000 to 
offset unbudgeted costs associated with contingency operations, 
which is identical to the amounts in both the House and the 
Senate bills, with a technical correction to one account. In 
addition, the conferees agree to rescissions of fiscal year 
1997 appropriated amounts totaling $9,000,000 to further offset 
unbudgeted costs associated with contingency operations, rather 
than $55,000,000 as proposed by the Senate. The House bill 
contained no rescission of fiscal year 1997 funds. These 
amounts are rescinded to reflect savings from revised economic 
assumptions, as follows:

Military Construction, Army.............................       1,000,000
Military Construction, Navy.............................       2,000,000
Military Construction, Air Force........................       3,000,000
Military Construction, Defense-wide.....................       3,000,000
                    --------------------------------------------------------
                    ____________________________________________________
                                                               9,000,000

      The conferees direct that these rescissions reflecting 
savings from revised economic assumptions and program 
execution, totaling $189,000,000, shall not result in the delay 
or reduction in scope of any project for which funds have been 
appropriated.
      In section 202, the conferees also agree to project 
cancellation and rescission of $6,480,000 from funds 
appropriated in fiscal year 1995 for a bachelor enlisted 
quarters project at Norfolk, Virginia, as provided in both the 
House and the Senate bills, to offset fully funds appropriated 
(in Title I, Chapter 1, section 106) for repair of hurricane-
damaged family housing units.

                     General provisions, chapter 3

      The conferees agree to delete language proposed by the 
House limiting the obligation of funds to the current fiscal 
year unless otherwise specified. This language has been 
included in Title III which will apply to the entire Act.
      The conferees agree to delete, without prejudice, 
language proposed by the House which placed certain 
administrative requirements on the Office of the Assistant 
Secretary of the Navy (Financial Management and Comptroller). 
The conferees share the concerns expressed in the House report, 
but do not believe that legislation is warranted at this time. 
The conferees commend the leadership of the Navy for its prompt 
attention to the concerns expressed by the House, as evidenced 
by recent written assurances from the Secretary of the Navy 
that Navy financial management procedures and processes are 
being reassessed and revised. The conferees expect the Navy to 
fully address the concerns expressed in the House report, 
advise the Appropriations Committees on its progress in 
developing a plan to strengthen its financial management 
procedures, and continue a dialogue with the Committees with 
the goal of attaining efficient program execution of 
appropriated funds. The conferees will monitor the Navy's 
progress in strengthening its financial management procedures.
      The conferees agree to amend Section 301, as proposed by 
the Senate. The conferees understand that the Ballistic Missile 
Defense Organization (BMDO) has no plans to transfer 
management, development, and acquisition authority over the 
National Missile Defense Program from the military services 
until the contract for a Lead System Integrator (LSI) for the 
National Missile Defense Program is awarded. Section 301 of the 
conference agreement directs the Department of Defense to 
provide a report to the congressional defense committees 30 
days prior to taking any action to transfer management, 
development, and acquisition authority over the National 
Missile Defense Program from the military services. The 
conferees further direct that BMDO provide a report to the 
congressional defense committees on the specific plans for 
transferring management responsibility under the LSI 
acquisition strategy within 30 days of enactment of this Act. 
Section 301 also directs an analysis by the Joint Requirements 
Oversight Council (JROC) regarding recommended roles of the 
military services in regards to National Missile Defense, with 
the results of said analysis to be provided to the 
congressional defense committees within 60 days of enactment, 
and directs that no actions shall be taken to delay or defer 
planned activities under the National Missile Defense Program 
based solely on the conduct of this JROC analysis.
      The conferees agree to retain Section 302, as proposed by 
the Senate, which allows the Secretary of Defense discretionary 
authority to allow his designee on the Board of the Panama 
Canal Commission to continue service.
      The conferees agree to amend Section 303, as proposed by 
the Senate, allowing the Secretary of Defense to enter into a 
lease agreement in support of the Defense Finance and 
Accounting Service at Lexington Blue Grass Station, Kentucky.
      The conferees agree to amend Section 304, as proposed by 
the Senate, with regard to the MK-50 torpedo program.
      The conferees agree to retain Section 305, as proposed by 
the Senate, which limits manpower for the National Missile 
Defense Joint Program Office in the National Capital Region.
      The conferees agree to amend Section 306, as proposed by 
the Senate, which provides the Air Force the authority to 
accept funds transferred by NASA in reimbursement of expenses 
incurred by the Air Force in support of the Cassini mission.
      The conferees agree to include Section 307, which makes a 
technical correction requested by the Department of Defense 
regarding eligibility for the Defense Experimental Program to 
Stimulate Competitive Research.

                  Other Department of Defense Programs

                     airborne mine countermeasures

      The conferees support the intent of language in the House 
report regarding the need to acquire airborne mine 
countermeasures capability as soon as practicable. Therefore, 
they direct the Navy to complete the competitive flyoff 
directed in the report accompanying the conference agreement on 
the fiscal year 1997 Department of Defense Appropriations Act 
by September 30, 1997. The conferees note that the fiscal year 
1997 Department of Defense Appropriations Act provided 
$12,000,000 for this flyoff, but stipulated that all concepts 
were to be given an opportunity to compete in this effort. The 
conferees further explain that they are aware of a system which 
uses hyperspectral data in meeting this requirement and 
strongly recommend that the Navy include this technology in its 
competitive flyoff.

                     advanced spacecraft technology

      The conferees direct that the Department of Defense 
proceed expeditiously with a thorough review of hyperspectral 
technology, existing hyperspectral sensors, planned sensors, 
and Warfighter-1. The review shall include representation from 
the Air Force Phillips Lab as well as experts outside the 
government. Based on this review, the Office of the 
Undersecretary of Defense for Acquisition and Technology shall 
make a decision whether to proceed with the current Warfighter 
program or a restructured hyperspectral program no later than 
June 30, 1997. The conferees further direct that none of the 
funds appropriated for Warfighter-1 shall be reallocated or 
reprogrammed until 15 days after the Congress is informed of 
the Department of Defense's plans.

         u.s. forces korea point obstacle breaching capability

      The conferees are aware of Army proposals to shift the 
point obstacle breaching mission in Korea from outdated and 
expensive Combat Engineer Vehicles mounted with 165mm guns to 
M1 Abrams tanks using special tank munitions (XM908). The Army 
is directed to report on the status of this plan to the 
Appropriations Committees no later than July 1, 1997. Such 
report shall describe the results of the XM908 test program, 
the status of changing the demolition mission in Korea, and the 
estimated future procurement requirement and cost for the XM908 
round by fiscal year.

                           new start programs

      The conferees agree with the House position with regard 
to the Navy's initiation of new programs without the prior 
approval of the Office of the Secretary of Defense (OSD) and 
Congress. Advance Congressional review and approval is a 
fundamental requirement for proper use of appropriated funds. 
Therefore, the conferees fully expect the Navy to comply with 
the longstanding OSD reprogramming procedures on all proposed 
new start programs.

                                TITLE II

    EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM NATURAL 
                               DISASTERS

                               CHAPTER 1

   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency

           agricultural credit insurance fund program account

      The conference agreement provides a subsidy level of 
$18,000,000 for emergency insured loans, as proposed by the 
Senate. This allows for a program loan level of approximately 
$59,000,000. The agreement also includes a subsidy level of 
$5,000,000 for guaranteed subsidized operating loans, instead 
of $10,000,000 as proposed by the Senate. This allows for a 
loan level of approximately $55,000,000. In addition, the 
conference agreement provides $6,300,000 for direct farm 
operating loans, instead of $12,600,000 as proposed by the 
Senate. This will fund approximately $50,000,000 in additional 
loans. The House had no similar provisions.

                     emergency conservation program

      The conference agreement provides $70,000,000 for the 
emergency conservation program instead of $65,000,000 as 
proposed by the House and $77,000,000 as proposed by the 
Senate.

                        tree assistance program

      The conference agreement provides $9,000,000 for 
emergency assistance to small orchardists to replace or 
rehabilitate trees and vineyards damaged by natural disasters 
as proposed by the House instead of $9,500,000 as proposed by 
the Senate. These funds are available for all states affected 
by natural disasters. The agreement also deletes the use of 
$500,000 of this amount for the Forestry Incentives Program as 
proposed by the Senate. The House bill contained no similar 
provision.

                   Commodity Credit Corporation Fund

                  Disaster Reserve Assistance Program

      The conference agreement provides for a livestock 
indemnity program of up to $50,000,000 to be derived from 
proceeds from the sale of grain in the disaster reserve as 
proposed by the Senate. The House bill contained no similar 
provision.

                 Natural Resources Conservation Service

               Watershed and Flood Prevention Operations

      The conference agreement provides $166,000,000 for 
emergency watershed and flood prevention operations, instead of 
$150,700,000 as proposed by the House and $171,000,000 as 
proposed by the Senate. These funds are available for all 
states affected by natural disasters. The agreement allows up 
to $15,000,000 of the total to be used for floodplain 
easements, instead of $10,000,000 as proposed by the House and 
$20,000,000 as proposed by the Senate. The agreement prohibits 
the use of these funds for the salmon memorandum of 
understanding as proposed by the House.

                         Rural Housing Service

              Rural Housing Insurance Fund Program Account

                    Rural Housing Assistance program

      The conference agreement deletes $250,000 in funding for 
Section 515 Rural Housing loans and $4,000,000 for the Rural 
Housing Assistance Program, as proposed by the Senate. The 
House bill had no similar provisions. The conference agreement 
retains Senate bill language providing that unexpended 
emergency funds from prior year disaster assistance acts may be 
used for Sections 502 and 515 rural housing loans, very low-
income housing repair loans and grants, and domestic farm labor 
grants. The House bill had no similar provisions. The 
conference agreement includes bill language making the College 
Station area of Pulaski County, Arkansas, eligible for loans 
and grants from the Rural Housing Service, as proposed by the 
House and as referenced in the Senate report. The conference 
agreement also provides that the same eligibility criteria for 
community facility loans be used to determine eligibility for 
community facility grants to disaster-affected areas as 
proposed by the Senate. The House bill contained no similar 
provision.
      The conferees support the continuation of New York 
State's Section 515 Rural Rental Housing Leveraged Loan 
Program. This pilot program would provide the Rural Housing 
Service with the flexibility to consider community based needs 
assessment criteria in its designation of new loans.

                        Rural Utilities Service

                   Rural Utilities Assistance Program

      The conference agreement provides $4,000,000 for the 
Rural Utilities Assistance Program instead of $6,500,000 as 
provided in the Senate bill. These funds are available for all 
States affected by natural disasters. The House bill had no 
similar provision.

                       Food and Consumer Service

Special Supplemental Nutrition Program for Women, Infants, and Children 
                                 (WIC)

      The conference agreement provides $76,000,000 for the 
special supplemental nutrition program for women, infants, and 
children (WIC) as proposed by the House instead of $58,000,000 
as proposed by the Senate.
      The Administration has stated that $76,000,000 in WIC 
supplemental funding is needed to maintain the fiscal year 1996 
year-end participation level of 7,408,981. The conference 
agreement includes language as proposed by both the House and 
Senate which allows the Secretary to waive the regulatory 
funding formula when allocating the $76 million provided by 
this Act. It is the intent of the conferees that the Secretary 
use this authority to distribute these additional funds to 
prevent caseload reductions in state programs facing funding 
shortfalls. These funds are not intended to be used to expand 
enrollment beyond the fiscal year 1996 year-end participation 
level.

                  Commodity Futures Trading Commission

      The conferees are aware of the Chicago Board of Trade's 
proposal relating to delivery specifications for corn and 
soybean futures contracts and the importance of this proposal 
to individuals and firms in proximity to current delivery 
points, such as Toledo, Ohio. The conferees urge the Commission 
to act promptly on the pending proposal for corn and soybean 
delivery specifications using the appropriate criteria under 
the Commodity Exchange Act, meeting the standards set forth in 
section 5a(a)(10) of the Act, which require delivery points 
that ``will tend to prevent or diminish price manipulation, 
market congestion, or the abnormal movement of such commodity 
in interstate commerce.'' The conferees expect that the 
Commission will take all reasonable steps to solicit public 
comment on the proposal and will give due regard to the views 
of the full range or market users and others having an interest 
in its decision of the pending proposal for corn and soybean 
delivery specifications. The conferees also believe that a 
study by the General Accounting Office, provided to the 
Commission and to the appropriate Congressional committees, may 
be helpful to address issues relating to corn and soybean 
futures contract delivery specifications.

                      GENERAL PROVISION, Chapter 1

                        bulk cheese price survey

      The conference agreement retains Senate bill language 
requiring the Department of Agriculture to provide a weekly 
report on prices and terms of trade involving the production of 
bulk cheese. The House bill had no similar provision.

                               CHAPTER 2

   COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES

                         DEPARTMENT OF JUSTICE

                         General Administration

                            counterterrorism

      The conferees direct the Attorney General to provide 
$6,361,000 to the Federal Bureau of Investigation (FBI) from 
resources currently available in the Counterterrorism Fund to 
reimburse the State of New York and certain local jurisdictions 
in New York for their assistance in the investigation of the 
crash of TWA Flight 800, instead of providing $12,420,000 to 
the FBI from this Fund for this purpose, as proposed in the 
House report. The Senate bill included $12,420,000 under the 
Department of Transportation, Federal Aviation Administration 
for reimbursement of these expenses.
      The amount included in the conference agreement 
represents costs for extraordinary expenses incurred by these 
jurisdictions in support of the FBI's investigation that the 
Department of Justice has verified to the Committee are 
appropriate for reimbursement from this Fund. The conference 
agreement also includes funding for other expenses related to 
the recovery operation, which are not covered by the 
Counterterrorism Fund, under the National Transportation Safety 
Board. In addition, the conferees expect the Attorney General 
to work closely with the Secretary of Transportation with 
respect to voluntary payment from the involved airlines and the 
airline carrier's insurance underwriter for these costs.
      The conferees have provided $1,950,000 in Chapter 9 of 
this Act to help meet the security needs related to the Summit 
of Eight meeting in Denver, Colorado, making the House report 
language under this heading unnecessary.

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                economic development assistance programs

      The conference agreement includes $52,200,000 for 
emergency disaster assistance activities, instead of 
$54,700,000 as proposed in the Senate bill, $49,700,000 
included in the House bill, and $1,200,000 proposed by the 
Administration to be derived by transfer from the Economic 
Development Revolving Loan Fund. The conference agreement makes 
funds available for emergency infrastructure expenses and 
capitalization of revolving loan funds for assistance related 
to recent flooding, as proposed in the House bill. The 
conference agreement does not allow $6,800,000 of the funds 
available to be used for planning and technical assistance 
grants, as included in the Senate bill. The conferees note that 
the EDA has already provided additional planning and technical 
assistance grants from regular fiscal year 1997 funds to those 
areas most severely impacted by recent natural disasters. The 
conference agreement designates up to $2,000,000 to be 
available for administrative expenses as proposed in the House 
bill, instead of $2,900,000 included in the Senate bill. In 
addition, these amounts are allowed to be transferred to and 
merged with the EDA ``Salaries and Expenses'' account, as 
included in the House bill. Finally, the conferees expect the 
EDA to submit a plan on the expenditure of these funds in 
accordance with the guidance included in the House report.

             National Institute of Standards and Technology

                     industrial technology services

      The conference agreement includes language proposed in 
the House bill, and not included in the Senate bill, 
designating that not to exceed $35,000,000 of the amount 
provided under this account in Public Law 104-208 is available 
for new grant awards under the Advanced Technology Program. 
When combined with $27,000,000 in unobligated balances 
available from prior year appropriations, a total of 
$62,000,000 is available for new grant awards in fiscal year 
1997, in addition to $6,000,000 previously awarded with fiscal 
year 1996 funds. In addition, $155,000,000 is available in 
fiscal year 1997 to pay the continuation costs of grants made 
in prior fiscal years, and $37,000,000 is available for 
administration, small business innovative research, and lab 
support. The conferees direct that any additional funds that 
become available through recoveries or any other means may be 
spent only after notification to the Committees on 
Appropriations of the House and Senate under standard 
reprogramming procedures.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

      The conference agreement includes $7,000,000 for disaster 
assistance for fisheries impacted by recent flooding and red 
tide as authorized by section 312(a) of the Magnuson-Stevens 
Fishery Conservation and Management Act. Of this amount, 
$3,500,000 is provided for the Pacific Northwest, and 
$3,500,000 is provided for the Gulf Coast region for impacts 
resulting from the opening of the Bonnet Carre Spillway and 
from red tide. The Senate bill proposed $7,000,000 for disaster 
assistance pursuant to the Magnuson-Stevens Act to continue a 
salmon fishing buyback program. The conferees are aware that 
recent flooding has impacted certain regions of the country and 
intends that this funding be used for activities which directly 
assist the fishermen in these areas. The conferees do not 
intend that any of these funds be used by NOAA to begin a new 
land acquisition program. Further, the conferees direct that 
NOAA submit an implementation plan to the Committees on 
Appropriations of the House and Senate in accordance with the 
reprogramming procedures set forth in section 605 of Public Law 
104-208 prior to the expenditure of these funds. In addition, 
the conference agreement includes $2,000,000 for implementation 
of the provisions of the Magnuson-Stevens Act in the North 
Pacific fisheries. Theconference agreement includes language, 
similar to the Senate bill, making the entire amount contingent upon 
the President submitting a budget request designating the entire amount 
as an emergency requirement.
      The conferees understand that there are concerns about 
National Weather Service plans for its regional headquarters 
and expect the Department to continue to work with those 
Members who have expressed concerns in order to resolve them, 
and to take into account any forthcoming GAO report and 
recommendations concerning this issue while remaining within 
the existing financial plan for the current and succeeding 
fiscal years.

                              construction

      The conference agreement includes $10,800,000, requested 
by the Administration, and included in both the House and 
Senate bills, to provide for repair of fish hatcheries along 
the Columbia River damaged by recent severe flooding.

                          DEPARTMENT OF STATE

              International Organizations and Conferences

              contributions to international organizations

      The conference agreement does not include supplemental 
funding of $100,000,000 for payment of United States arrearages 
to the United Nations, subject to authorization, as proposed in 
the Senate bill. The House bill provided no funding for this 
purpose. Recent developments related to the Balanced Budget 
Agreement negotiations indicate that the time frame for 
addressing the issue of arrearages is not intended to begin 
until fiscal year 1998.

                            RELATED AGENCIES

        Commission on the Advancement of Federal Law Enforcement

      The conference agreement includes $2,000,000 for the 
Commission on the Advancement of Federal Law Enforcement as 
proposed in the House bill, instead of no funding as proposed 
in the Senate bill.

                     Small Business Administration

                     disaster loans program account

      The conferees direct the Small Business Administration to 
provide loan amounts under the disaster loan program sufficient 
to meet building code requirements for energy efficiency in 
accordance with the Senate report.

                     general provisions, chapter 2

      Section 2001. The conference agreement includes a 
provision that specifies that $3,000,000 currently available in 
the Department of Justice Counterterrorism Fund, be allocated 
to the appropriate unit of local government in Ogden, Utah, to 
upgrade security and communications infrastructure to counter 
any potential terrorism threat related to the 2002 Winter 
Olympic games, as proposed in the Senate bill as Section 302. 
The House bill did not include this provision.
      Section 2002. The conference agreement includes a 
provision to extend the Small Business Competitiveness 
Demonstration Program for dredging through September 30, 1997, 
as proposed in the Senate bill as Section 329. The House bill 
did not address this matter.
      Section 2003. The conference agreement includes a 
provision, as proposed in the Senate bill as Section 334, to 
provide for a good Samaritan exemption to the Marine Mammal 
Protection Act for the taking of a marine mammal if such taking 
results from an attempt to rescue a marine mammal entangled in 
fishing gear or debris. The House bill did not address this 
matter.
      Section 2004. The conferees are aware that policy changes 
recently adopted by the National Aeronautics and Space 
Administration have resulted in reductions in fiscal year 1997 
requirements within the National Oceanic and Atmospheric 
Administration's Satellite Observing Systems programs. The 
conferees are aware that the Department of Commerce is in the 
process of developing reprogramming proposals to reallocate 
these funds from this program to meet other operational 
requirements which the Committees will consider under standard 
reprogramming procedures. In addition, in consultation with the 
Committees, the Department is directed to develop a plan for 
the expenditure of the balance of these funds together with a 
reprogramming to be submitted to the Committees within 15 days 
of the enactment of this Act.

                              CHAPTER 2--A

                          DISTRICT OF COLUMBIA

      The conference action deletes the Senate chapter which 
included the appropriation of an additional Federal payment of 
$31,150,000 to the District of Columbia for police pay raises 
and emergency school repairs. The House bill did not contain a 
similar chapter.

                               CHAPTER 3

                      ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

            flood control, mississippi river and tributaries

      The conference agreement includes $20,000,000 for 
extraordinary maintenance needs on the Mississippi River and 
Tributaries project resulting from flooding in the lower 
Mississippi River valley as proposed by the House and the 
Senate. The entire amount has been designated by the Congress 
as anemergency requirement pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.
      The conferees are in agreement with the language in the 
Senate report regarding Yazoo basin projects.

                   operation and maintenance, general

      The conference agreement includes $150,000,000 for the 
Corps of Engineers to undertake repairs and extraordinary 
maintenance of projects impacted by flooding and other natural 
disasters throughout the nation as proposed by the House 
instead of $137,000,000 as proposed by the Senate. The entire 
amount has been 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.
      The conferees are aware that a decision by the 
Administration to terminate the use of the existing ocean 
disposal site for material dredged from the Ports of New York 
and New Jersey has created an immediate need for additional 
funds in order for critical work to be accomplished prior to 
the closure of the disposal site. The conferees are concerned 
that the Administration did not anticipate the resource needs 
associated with the decisions related to dredged material 
disposal. The conferees urge the Corps of Engineers to reassess 
its maintenance dredging needs in an effort to make available 
additional funds for dredging during the current year.
      The conference agreement deletes bill language proposed 
by the Senate directing the Secretary of the Army to use 
available funds to perform dredging and snagging and clearing 
of the Truckee River in Nevada, the San Joaquin River in 
California, and the Chena River in Alaska. The Secretary of the 
Army is directed, within existing authorities, to use available 
funds to perform emergency dredging and snagging and clearing 
of the Truckee River, Nevada, and the San Joaquin River and 
Sacramento River channels, California; and to dredge shoaling 
which has occurred downstream from the Federal Chena River 
flood control facility.
      The conferees are aware of the compacts between the 
States of Alabama, Florida, and Georgia for interstate 
cooperation, planning, and development of the Alabama-Coosa-
Tallapoosa and Apalachicola-Chattahoochee-Flint River Basins 
and have provided $5,000,000 for planning and studies related 
to consensus-based proposals for the allocation of water in 
these basins. The conferees direct the Corps of Engineers and 
other Federal agencies to limit those studies to issues agreed 
to by the States of Alabama, Florida, and Georgia until such 
time as the two compacts have been ratified by the Congress.

                 flood control and coastal emergencies

      The conference agreement includes $415,000,000 for Flood 
Control and Coastal Emergencies as proposed by the House 
instead of $390,000,000 as proposed by the Senate. The entire 
amount has been 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.
      The conferees are aware of the prolonged heavy rains, 
high surf, flooding, and land and mud slides which impacted 
Hawaii, including the area of the Lualualei Naval Magazine, 
last November. In light of this emergency, the conferees agree 
to consider solutions to this problem as the appropriations 
process continues for fiscal year 1998.
      The conferees urge the Corps of Engineers to use 
available funds to assess the need for a flood preparedness and 
warning plan for the Reno, Nevada, area and to advise the House 
and Senate Committees on Appropriations on the need for such a 
plan in time for it to be addressed during the fiscal year 1998 
appropriations process.
      The conferees recognize the serious nature of the ongoing 
flooding at Devils Lake in North Dakota. In response to that 
situation, the conferees have provided $5,000,000 for the Corps 
of Engineers to initiate and complete preconstruction 
engineering and design for an emergency outlet from Devils Lake 
to the Sheyenne River as proposed by the Senate with an 
amendment which deletes the requirement that preconstruction 
engineering and design be at full Federal expense. However, 
given the emergency situation, the conferees direct the 
Secretary of the Army to incorporate as part of any cost-
sharing agreement for the emergency outlet a provision which 
permits the non-Federal sponsor to use other available Federal 
funding sources to satisfy the non-Federal share of the 
preconstruction engineering and design costs. Further, the 
conferees direct that the policy requiring concurrent non-
Federal financing of preconstruction engineering and design 
shall not apply. It is the intent of the conferees that none of 
the funds made available in this Act shall be used to initiate 
any project which would divert water from the Missouri River to 
Devils Lake.
      The conferees concur with the Senate direction to the 
Corps of Engineers to expedite action to raise the emergency 
levees at Devils Lake, as appropriate, beyond 1445 feet using 
funding appropriated herein. The conferees have not waived the 
cost-share requirements for that work. However, the conferees 
support the use of other, Federal funding sources to satisfy 
the non-Federal share of that work.
      The conference agreement includes language which provides 
$5,000,000 for channel restoration and improvements on the 
James River in South Dakota if the Secretary of the Army 
determines that the need for such restoration and improvements 
constitutes an emergency instead of $10,000,000 as proposed by 
the Senate.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation

                       operation and maintenance

      The conference agreement includes $7,355,000 for the 
Bureau of Reclamation to undertake repairs to facilities, 
including damages to archeological collections and recently 
identified damages to fish handling and water release 
structures, impacted by flooding in the western states and the 
upper Midwest as proposed by the House and the Senate. The 
entire amount has been designated by the Congress as 
anemergency requirement pursuant to section 251(b(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                     General Provisions, Chapter 3

                        River Basin Commissions

      The conference agreement includes language proposed by 
the House requiring that the United States members and 
alternate members of the Susquehanna and Delaware River Basin 
Commission be officers of the Army Corps of Engineers who shall 
serve without additional compensation, instead of language 
proposed by the Senate requiring that the Secretary of the 
Interior or his designee serve as the alternate members of the 
Susquehanna and Delaware River Basin Commission.
      The conference agreement includes language proposed by 
the House and the Senate establishing that the Federal 
representative on the Delaware River Basin Commission shall 
serve at the pleasure of the President.
      The conference agreement includes technical and 
conforming language repealing reservations of the Susquehanna 
and Delaware River Basin Compacts.

                       Willow Creek Dam, Montana

      The conference agreement includes language which would 
increase from $750,000 to $1,200,00 the authority of the 
Secretary of the Interior to obligate funds for safety of dams 
construction work at the Willow Creek Dam, Sun River Project, 
Montana, without transmitting a modification report to Congress 
as required by section 5 of the Reclamation Safety of Dams Act 
of 1978, as amended. This new level of authority is necessary 
to permit completion of essential safety modifications at the 
Willow Creek Dam.

               Compliance with the Endangered Species Act

      The conference agreement includes a provision proposed by 
the Senate related to the application of the Endangered Species 
Act in emergency situations. The bill reported by the House 
Appropriations Committee contained a similar provision.

                           Red Rock Dam, Iowa

      The conference agreement deletes a provision proposed by 
the Senate providing relief to agricultural producers for 
flooding losses related to operation of Red Rock Dam in Iowa.

                               CHAPTER 4

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS

                         Assistance to Ukraine

      Section 3002 of the House bill allowed the President to 
waive any of the earmarks in subsections (k) and (l) under the 
heading ``Assistance for the New Independent States of the 
Former Soviet Union'' contained in Public Law 104-208, if he 
determined, and so reported to the Committees on 
Appropriations, that the Government of Ukraine--
         (1) is not making significant progress toward economic 
        reform and the elimination of corruption;
         (2) is not permitting American firms and individuals 
        to operate in Ukraine according to generally accepted 
        business principles; or
         (3) is not effectively assisting American firms and 
        individuals in their efforts to enforce commercial 
        contracts and resist extortion and other corrupt 
        demands.
      The Senate amendment contained no comparable provision.
      The conference agreement, section 4001, allows the 
President to waive the minimum funding levels in subsection (k) 
only, for activities for the government of Ukraine funded in 
that subsection, if he determines, and so reports to the 
Committees on Appropriations, that the government of Ukraine--
         (1) has not made progress toward implementation of 
        comprehensive economic reform;
         (2) is not taking steps to ensure that United States 
        businesses and individuals are able to operate 
        according to generally accepted business principles; or
         (3) is not taking steps to cease the illegal dumping 
        of steel plate.

                                Uruguay

      The House bill did not contain any provision relating to 
Uruguay.
      Section 328 of the Senate amendment prohibited funds made 
available in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1997, from being made 
available for assistance to Uruguay unless the Secretary of 
State certified to the Committees on Appropriations that all 
cases involving seizure of United States business assets have 
been resolved.
      The conference agreement deletes the Senate language. The 
managers are concerned that trade and relations with Uruguay 
may be affected by the recent seizure of private American 
assets and urge the Administration to take all necessary 
actions to remedy this problem. The managers will review 
progress on this issue and may consider appropriate action in 
subsequent legislation.

                               CHAPTER 5

                     INTERIOR AND RELATED AGENCIES

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                              construction

                     (including transfer of funds)

      The conference agreement provides $4,796,000 for 
construction as proposed by the House and the Senate, of which 
$4,403,000 is to be derived by transfer from the Oregon and 
California grant lands account as proposed by the Senate 
instead of $3,003,000 by transfer as proposed by the House.

                   OREGON AND CALIFORNIA GRANT LANDS

      The conference agreement provides $2,694,000 for Oregon 
and California grant lands, using unobligated balances of funds 
made available as supplemental appropriations in Public Law 
104-134, as proposed by the House and the Senate.

                United States Fish and Wildlife Service

                          RESOURCE MANAGEMENT

      The conference agreement provides $5,300,000 for resource 
management instead of $2,250,000 as proposed by the House and 
$8,350,000 as proposed by the Senate. Increases from the House 
proposed level include $550,000 for fire restoration at the 
Bosque Del Apache National Wildlife Refuge and $2,500,000 to 
pay private landowners for the voluntary use of private lands 
to store water in restored wetlands. The funds for use of 
private lands to store water are not provided for any specific 
region and should be allocated on a competitive basis taking 
into account the level of non-Federal cost sharing, associated 
benefits to fish and wildlife, and the degree to which future 
flood damage will be mitigated.
      The conference agreement also provides for these resource 
management funds to remain available until expended instead of 
two-year funds as proposed by the House and a combination of 
two-year and three-year funds as proposed by the Senate.

                              CONSTRUCTION

      The conference agreement provides $88,000,000 for 
construction instead of $81,000,000 as proposed by the House 
and $91,000,000 as proposed by the Senate. The managers agree 
to the following distribution of funds:

        Region: States                                            Amount
1: California, Idaho, Nevada, Oregon, Washington........     $52,915,000
2: Oklahoma, Texas......................................       7,310,000
3: Illinois, Indiana, Iowa, Minnesota, Wisconsin........       5,474,000
4: Alabama, Arkansas, Louisiana, Mississippi, Tennessee.       5,097,000
5: Maine, Massachusetts, West Virginia..................       1,662,000
6: Montana, North Dakota, South Dakota, Utah............      15,542,000
                    --------------------------------------------------------
                    ____________________________________________________
            Total.......................................      88,000,000

                            LAND ACQUISITION

      The conference agreement provides $10,000,000 for land 
acquisition instead of $15,000,000 as proposed by the House and 
$5,000,000 as proposed by the Senate.

                         National Park Service

                              CONSTRUCTION

      The conference agreement provides $187,321,000 for 
construction to address emergency requirements as proposed by 
the Senate instead of $186,912,000 as proposed by the House. 
The conference agreement also provides $10,000,000 in non-
emergency funding, as proposed by the House and the Senate. The 
managers agree to the following distribution of funds.

        Site                                                      Amount
Yosemite National Park, CA (emergency)..................    $176,053,000
    transportation (non-emergency)......................      10,000,000
Devils Postpile National Monument, CA...................          74,000
Lassen Volcanic National Park, CA.......................         171,000
Lava Beds National Monument, CA.........................          49,000
Redwood National Park, CA...............................       8,955,000
Sequoia/Kings Canyon National Parks, CA.................         331,000
Whiskeytown National Recreation Area, CA................         216,000
Oregon Caves National Monument, OR......................          83,000
North Cascades National Park, WA........................          41,000
Mount Rainier National Park, WA.........................          13,000
Olympic National Park, WA...............................         130,000
Mammoth Cave National Park, KY..........................         542,000
North Dakota group......................................         210,000
Cape Cod National Seashore, MA..........................          60,000
Fire Island National Seashore, NY.......................         125,000
Minute Man National Historical Park, MA.................          79,000
Roosvelt/Vanderbilt sites, NY...........................         189,000
                    --------------------------------------------------------
                    ____________________________________________________
            Total.......................................     197,321,000

                    United States Geological Survey

                 SURVEYS, INVESTIGATIONS, AND RESEARCH

      The conference agreement provides $4,650,000 for surveys, 
investigations, and research as proposed by the Senate instead 
of $4,290,000 as proposed by the House. No funds are provided 
for post-flood data collection or risk assessment.

                        Bureau of Indian Affairs

                      OPERATION OF INDIAN PROGRAMS

      The conference agreement provides $14,317,000 for 
operation of Indian programs as proposed by the Senate instead 
of $11,100,000 as proposed by the House.

                              CONSTRUCTION

      The conference agreement provides $6,249,000 for 
construction as proposed by the Senate instead of $5,554,000 as 
proposed by the House.
      Bill language also is included, as proposed by the 
Senate, requiring that funds appropriated for fiscal year 1997 
for repair of the Wapato irrigation project are made available 
on a non-reimbursable basis. The House had no similar 
provision.

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                         national forest system

      The conference agreement provides $39,677,000 for the 
National forest system as proposed by the Senate instead of 
$37,107,000 as proposed by the House. The managers agree to the 
following distribution of funds:

Region: States:                                                   Amount
    1: Idaho, Montana...................................      $1,361,000
    4: Idaho, Nevada, California........................       5,596,000
    5: California.......................................      14,816,000
    6: Oregon, Washington, California, Idaho............      14,362,000
    9: Illinois, Indiana, Ohio..........................       3,542,000
                    --------------------------------------------------------
                    ____________________________________________________
            Total.......................................      39,677,000

                    reconstruction and construction

      The conference agreement provides $27,685,000 for 
reconstruction and construction as proposed by the Senate 
instead of $32,334,000 as proposed by the House. The managers 
agree to the following distribution of funds:
Region: States:                                                   Amount
    1: Idaho, Montana...................................        $165,000
    4: Idaho, Nevada, California........................       1,636,000
    5: California.......................................       8,945,000
    6: Oregon, Washington, California, Idaho............      15,375,000
    9: Illinois, Indiana, Ohio..........................       1,564,000
                    --------------------------------------------------------
                    ____________________________________________________
            Total.......................................      27,685,000

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

      The conference agreement provides $1,000,000 for Indian 
health services as proposed by the House and the Senate.

                        indian health facilities

      The conference agreement provides $2,000,000 for Indian 
health facilities as proposed by the House and the Senate.

                     General Provisions, Chapter 5

      Section 5001.--The conference agreement includes language 
in section 5001 that amends the recreation fee demonstration 
program to permit the collecting agencies to keep 100% of the 
funds in excess of the amount collected for fiscal year 1994 as 
proposed by the House and by the Senate.
      Section 5002.--The conference agreement includes language 
in section 5002, as proposed by the Senate, that permits the 
Indian Health Service to receive and retain reimbursements from 
tribes or tribal organizations in exchange for goods and 
services. The House had no similar provision.
      Section 5003.--The conference agreement includes language 
in section 5003, modifies language proposed by the House which 
amends the San Carlos Apache Tribe Water Rights Settlement Act 
of 1992 to extend the expiration date of the Act and to ratify 
the agreement between the San Carlos Apache Tribe, the Phelps 
Dodge Corporation and the Secretary of the Interior. The Senate 
had no similar provision. The conference agreement amends the 
House language to establish the final terms of the water lease, 
between the Phelps Dodge Corporation and the San Carlos Apache 
Tribe, under which the Corporation will pay the Tribe for 
water.
      Section 5004.--The conference agreement includes language 
in section 5004 that amends the Marine Mammal Protection Act 
Amendments of 1994 to allow the import of polar bear trophies 
legally taken in Canada before April 30, 1994. This amendment 
will not affect the authority of the Fish and Wildlife Service 
to require that all polar bear trophies be imported through a 
designated port. This is important to ensure that there is no 
stimulation of illegal import or illegal trade in the United 
States in polar bear parts. The language also does not 
interfere with the Service's authority to collect a $1,000 fee 
for each polar bear trophy imported. The additional fees 
generated as a result of this amendment will provide increased 
benefits for polar bear conservation.
      Section 5005.--The conference agreement includes language 
in section 5005 that modifies a Senate provision relating to 
rights-of-way established pursuant to section 2477 of the 
Revised Statutes (43 U.S.C. 932). The new language establishes 
a commission to recommend to the Secretary of the Interior and 
the Congress changes in law to provide for an expeditious 
resolution of all outstanding claims regarding R.S. 2477 
rights-of-way. The commission is required to make its 
recommendations by March 1, 1998. The Secretary of the Interior 
must approve or disapprove the commission's recommendations in 
their entirety by March 31, 1998. If the Secretary of the 
Interior approves the commission's recommendations, a ``fast 
track'' procedure is provided for Congressional consideration 
of the recommendations. Subsection (b)(5)(A) has been included 
to make it clear that this section does notprovide the express 
authorization required by Public Law 104-208 for the issuance of final 
rules or regulations regarding R.S. 2477 rights-of-way. The House had 
no similar provision.

                               CHAPTER 6

    LABOR, HEALTH AND HUMAN SERVICES, EDUCATION AND RELATED AGENCIES

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

               Health Education Assistance Loans Program

      The conference agreement includes a Senate provision to 
allow the use of up to $499,000 in Health Education Assistance 
Loan (HEAL) premiums to support the Office of HEAL Default 
Reduction. The House bill contains no similar provision.

               Centers for Disease Control and Prevention

                Disease Control, Research, and Training

      The conferees are concerned by the high disease burden 
and mortality of hepatitis C, estimated to afflict 3.9 million 
Americans. This disease is under-recognized by health care 
provider and the public health community. Given these and other 
concerns recently defined by the National Institutes of Health 
Consensus Conference on Hepatitis C, the conferees encourage 
the Centers for Disease Control and Prevention to enhance 
efforts to define the burden of acute and chronic hepatitis C 
in the United States and risk factors for its acquisition. 
Better chronic liver disease surveillance will enhance 
determination of disease trends and provide a means to evaluate 
the effectiveness of various prevention or treatment 
strategies.

                Administration for Children and Families

                Children and Families Services Programs

      The conference agreement includes a Senate provision 
making a technical change to the fiscal year 1997 
appropriations act for this account by inserting a legal 
citation to section 1110 of the Social Security Act. The House 
bill included no similar provision.

                        Office of The Secretary

            Public Health and Social Services Emergency Fund

      The conference agreement modifies language proposed by 
the Senate which would have appropriated $15,000,000 to the 
Public Health and Social Services Emergency Fund within the 
Office of the Secretary for competitively awarded research on 
the environmental links to breast cancer. The Senate language 
designated the funding as an emergency appropriation. The House 
bill had no similar provision.
      The conferees agree that $15,000,000 is appropriated to 
support high priority biomedical research. These funds will be 
made available on a competitive basis and through mechanisms to 
be determined by the Secretary, in consultation with the 
Directors of the National Institutes of Health and the Centers 
for Disease Control and Prevention, and the Deputy Assistant 
Secretary for Women's Health. The conferees request that the 
Secretary provide a report to both Committees on the research 
plan and allocation methodology accompanying these additional 
funds by July 1, 1997. Among the priorities the conferees 
encourage the Secretary to consider is cancer research, 
especially research investigating the environmental factors 
that may be associated with breast cancer in communities with 
high incidence of the disease. The conferees have removed the 
emergency designation for these funds, offsetting the cost 
elsewhere within the bill.

                        DEPARTMENT OF EDUCATION

                    Education for The Disadvantaged

      The Conference agreement includes $101,133,000 in 
additional funding for title I, Grants to Local Education 
Agencies, instead of $198,176,000 as proposed by the Senate. 
Included in the agreement is $78,362,000 for basic grants and 
$22,771,000 for concentration grants. The House bill contained 
no similar provision.
      The agreement provides additional title I funds to States 
that would have received a reduction in funds as a result of 
the Department of Education's decision to use a blend of 1990 
and 1994 child poverty data. The 1994 reauthorization of the 
Elementary and Secondary Education Act required the National 
Academy of Sciences to study and recommend a safeguard against 
using census data if it was unreliable or inappropriate. The 
Academy recommended that the title I funds be distributed based 
on the blended rate which resulted in some of the poorest 
States in the Nation losing title I funds.
      The conference agreement provides each state that would 
lose funds as a result of the use of new census data with one-
half of the difference between what the state would have 
received had the 1990 data been used and then added the 
supplemental funds to the blended rate.
      The agreement also provides authority to the Secretary of 
Education to distribute the additional funds to counties that 
would lose funds as a result of the shift in the population 
data; and, prorate payments, if necessary. Also included is a 
provision excluding these additional funds from the formula 
used to determine State allocations under any other education 
programs.
      Finally, the agreement makes these additional funds 
available on July 1, 1997, instead of October 1, 1997 as 
proposed by the Senate.
      The conference agreement does not include a provision in 
the Senate amendment reducing the advance appropriation for 
title I from $1,298,386,000 to $713,386,000.

                             RELATED AGENCY

          National Commission on The Cost of Higher Education

                         Salaries and Expenses

      The conference agreement provides $650,000 as proposed by 
the House and as authorized in Title IV of this Act for the 
National Commission on the Cost of Higher Education. The Senate 
bill did not contain a similar provision.

                     General Provisions, Chapter 6

            education funding flexibility in disaster areas

      The conference agreement includes provisions proposed by 
the Senate in section 311 that (1) extend the availability of 
fiscal year 1995 funds awarded under state-administered 
programs of the Department of Education and fiscal year 1996 
Rehabilitation Act state programs until September 30, 1998 for 
obligation by areas that are Presidentially-declared areas; and 
(2) extend the waiver authority under section 14401 of the 
Elementary and Secondary Education Act to all state-
administered programs of the Department for funds awarded for 
fiscal years 1995, 1996 and 1997. The agreement adds language 
specifying that the disaster areas must have been declared as 
such during fiscal year 1997. The House bill contained no 
similar provisions.

             waivers of student aid statute and regulations

      The conference agreement modifies section 312 of the 
Senate bill to permit the Secretary of Education to waive or 
modify regulatory or statutory provisions of title IV of the 
Higher Education Act (student aid) for funds awarded in school 
years 1996-1997 and 1997-1998 to individuals or institutions 
affected by natural disasters in areas declared to be such by 
the President. The provision specifically includes those who 
were operating, attending or residing in an institution of 
higher education or employed in a disaster area at the time of 
the disaster. The House bill did not contain a similar 
provision.

                     denver medicare demonstration

      The conference agreement includes a provision (section 
313 in the Senate bill) prohibiting the use of any fiscal year 
1997 funds to implement a Medicare Competitive Pricing/Open 
Enrollment Demonstration Project in Denver, Colorado. The House 
bill contains no similar provision.

                   low income home energy assistance

      The conference agreement deletes without prejudice a 
provision of the Senate bill directing the Secretary of Health 
and Human Services to obligate from previously appropriated 
funds $45,000,000 in emergency funding under the Low Income 
Home Energy Assistance Program (LIHEAP) to victims of flooding 
and other natural disasters in fiscal year 1997. The conferees 
note that of the LIHEAP emergency funds previously appropriated 
by Congress, $205,000,000 remain available and could be 
released by the President at any time. The conferees further 
note that the LIHEAP authorizing legislation permits these 
funds to be expended to meet the needs of one or more States 
arising from a natural disaster or other emergency. Therefore, 
additional appropriations are not necessary at this time, since 
the President has sufficient funding and authority to meet 
existing emergency conditions.

                   emergency use of child care funds

      The conference agreement includes a provision to allow 
the use of previously appropriated Federal child care funds for 
victims of major disasters who are involved in unpaid work 
activities resulting from the recent flood emergency, including 
the cleaning, repair, restoration and rebuilding of homes, 
businesses and schools. The provision is operational only 
during the period April 30, 1997 to July 30, 1997. The Senate 
bill included a similar provision; the House bill contained no 
provision.

                      supplemental security income

      The conference agreement includes a provision similar to 
those included in both the House and Senate bills amending the 
Personal Responsibility and Work Opportunity Reconciliation Act 
of 1996 to extend the availability of Supplemental Security 
Income benefits for legal non-citizens who are current 
beneficiaries from August 22, 1997, through September 30, 1997. 
This provision reconciles several technical differences in 
citation and drafting between the House and Senate bills.

                               CHAPTER 7

                           LEGISLATIVE BRANCH

                        CONGRESSIONAL OPERATIONS

                                 Senate

                   contingent expenses of the senate

                        Secretary of the Senate

                          (transfer of funds)

      A transfer of $5,000,000 is provided from funds available 
under the heading ``Senate'' to the Secretary of the Senate, to 
be available through September 30, 2000, for development and 
implementation of a comprehensive, Senatewide legislative 
information system [LIS]. The accounts from which the transfers 
occur are contingent upon the approval of the Committee on 
Appropriations of the Senate. Pursuant to section 8 of the 
Legislative Branch Appropriations Act, 1997, the Secretary is 
required to develop and implement LIS under the oversight of 
the Committee on Rules and Administration.

                        House of Representatives

      payments to widows and heirs of deceased members of congress

      Funds are provided for the customary death gratuity for 
children of Frank Tejeda, late a Representative from the State 
of Texas.

                              OTHER AGENCY

                             Botanic Garden

                         Salaries and Expenses

      The bill provides $33.5 million, a reduction of $1.5 
million under the amount estimated, for the emergency repair 
and renovation of the U.S. Botanic Garden Conservatory. The 
Architect of the Capitol has notified the Committees on 
Appropriations and the Joint Committee on the Library that the 
Conservatory must be closed for safety and accessibility 
reasons, due to the unacceptable risk of potentialinjury to the 
public and staff resulting from hazardous conditions in the 
Conservatory. By fully funding the necessary emergency repair and 
renovation, the Architect will be able to perform the necessary work 
over a two-year period instead of a phased four-year repair schedule, 
which had been estimated to cost $35 million.

                     GENERAL PROVISIONS, Chapter 7

      Sec. 7001. This provision allows for the establishment of 
a no-pay status for the Capitol Police appointed by the Senate. 
The provision is necessary to allow the Secretary of the Senate 
to transfer the payroll functions for the Senate Capitol Police 
to the National Finance Center pursuant to the requirement of a 
unified payroll under title 40 U.S.C. 207a. This provision does 
not alter any of the prerogatives of the Senate. The intention 
is to provide the Secretary of the Senate with the ability to 
outsource the payroll function for the Senate Capitol Police.
      Sec. 7002. This provision provides the Sergeant at Arms 
and Doorkeeper of the Senate, with the approval of the Senate 
Rules and Administration Committee, the authority to provide 
temporary home State facilities, equipment, and office space to 
a Senator when there has been a disaster or emergency declared 
by the President. This provision is intended to provide the 
additional facilities, equipment, and office space consistent 
with those already provided to a Senator under current 
authority and regulation.
      Sec. 7003. Authority is provided to transfer up to 
$10,000 within the funds available to the Office of the 
Secretary of the Senate, subject to approval.
      Sec. 7004. This provision has been requested by the 
General Accounting Office (GAO) and extends to the agency the 
same flexibility in contracting that is currently available to 
executive branch agencies in the Federal Property and 
Administrative Services Act and the Federal Acquisition 
Regulation (FAR). Although not technically subject to the 
Property Act and FAR, GAO conforms to those provisions as a 
matter of policy. Providing this authority will yield savings 
due to flexibility in contracting. The Committees on 
Appropriations of the House and Senate expect that GAO will 
continue adhering to the requirements of the Property Act and 
FAR, in keeping with sound procurement policies.

                               CHAPTER 8

           DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard

                           Operating Expenses

      Appropriates $1,600,000 for incremental operating 
expenses of the Coast Guard related to support activities in 
the TWA Flight 800 crash investigation and recovery efforts 
instead of $6,473,000 as proposed by the Senate. The House bill 
contained no similar appropriation.

                              RETIRED PAY

      The conference agreement provides a mandatory 
appropriation of $9,200,000 for the retired pay of Coast Guard 
military personnel. The House and Senate bills each included 
$4,200,000 for this purpose, as requested by the 
administration. However, more recent information from Coast 
Guard officials and the Office of Management and Budget has 
indicated that an additional $5,000,000 will be required during 
fiscal year 1997.

                    Federal Aviation Administration

                        Facilities and Equipment

                    (Airport and Airway trust Fund)

      The conference agreement deletes the appropriation of 
$40,000,000 proposed by the House to maintain the production 
line for certified explosives detection systems. The conferees 
believe that recent foreign orders of this equipment combined 
with Federal Aviation Administration actions designed to slow 
down the delivery rate now make it likely that this production 
line can be maintained well into fiscal year 1998, making 
additional funds in this urgent supplemental bill unnecessary. 
Should additional funds be necessary next year, the conferees 
agree to consider such funding during the regular 
appropriations process for fiscal year 1998. The Senate bill 
contained no similar appropriation.

                       Grants-in-aid for Airports

      The conference agreement deletes the appropriation of 
$15,520,000 proposed by the Senate to reimburse state and local 
agencies for unanticipated costs associated with support 
activities related to the TWA Flight 800 and ValuJet Flight 592 
tragedies. The House bill contained no similar appropriation.
      The conference agreement provides funds for reimbursement 
to state and local agencies related to the TWA Flight 800 and 
ValuJet Flight 592 tragedies from funds appropriated to the 
National Transportation Safety Board. The conference agreement 
also directs that funds be made available from the Department 
of Justice's counterterrorism fund to reimburse state and local 
agencies for the TWA Flight 800 tragedy.

                     Federal Highway Administration

                          Federal-Aid Highways

                        Emergency Relief Program

                          (Highway Trust Fund)

      Provides $650,000,000 for emergency relief activities of 
the Federal Highway Administration as proposed by both the 
House and Senate. The conference agreement deletes a provision 
proposed by the House that makes eligible for emergency relief 
funding a project to repair or reconstruct any portion of a 
federal-aid primary route in California which was destroyed as 
a result of storms in the winter of 1982-1983. The Senate bill 
contained a similar provision under ``Federal-aid highways, 
limitation on obligations''.

                          Federal-Aid Highways

                      (limitation on obligations)

                          (highway trust fund)

      The conference agreement increases obligation authority 
for Federal-aid highways by $694,810,534, of which $139,733,491 
is distributed to those states that had their fiscal year 
obligation authority reduced as a result of a clerical error 
made by the Department of the Treasury in recording the Highway 
Trust Fund receipts in December 1994; $318,077,043 is 
distributed to those States who had their fiscal year 1997 
obligation authority reduced as a result of the Treasury error; 
and $237,000,000 is distributed to those states whose fiscal 
year 1997 obligation authority is less than they received in 
fiscal year 1996.
      The additional obligation authority of $694,810,534 is 
estimated to be distributed as follows:

                                                          New Obligation
                                                               Authority
Alabama.................................................     $20,931,160
Alaska..................................................       8,163,962
Arizona.................................................      12,007,562
Arkansas................................................       6,506,921
California..............................................      50,711,555
Colorado................................................       6,577,269
Connecticut.............................................      11,495,143
Delaware................................................       2,503,194
Dist of Columbia........................................       1,603,800
Florida.................................................      51,658,920
Georgia.................................................      56,862,527
Hawaii..................................................       3,845,863
Idaho...................................................       2,082,397
Illinois................................................      21,890,066
Indiana.................................................      11,574,082
Iowa....................................................       6,556,907
Kansas..................................................       6,690,815
Kentucky................................................      29,879,840
Louisiana...............................................       7,240,399
Maine...................................................       3,098,969
Maryland................................................      13,390,159
Massachusetts...........................................      27,424,798
Michigan................................................      14,747,139
Minnesota...............................................      12,888,358
Mississippi.............................................       5,314,543
Missouri................................................       9,678,737
Montana.................................................       8,643,559
Nebraska................................................       4,518,489
Nevada..................................................       3,483,013
New Hampshire...........................................       2,788,867
New Jersey..............................................      15,930,195
New Mexico..............................................       7,057,801
New York................................................      34,185,699
North Carolina..........................................      15,054,880
North Dakota............................................       3,373,984
Ohio....................................................       7,201,580
Oklahoma................................................       7,096,552
Oregon..................................................       6,433,609
Pennsylvania............................................      16,916,047
Rhode Island............................................       5,465,112
South Carolina..........................................      18,202,593
South Dakota............................................       3,671,957
Tennessee...............................................       9,427,283
Texas...................................................      64,694,961
Utah....................................................       5,215,722
Vermont.................................................       2,553,396
Virginia................................................      13,986,103
Washington..............................................      11,971,851
West Virginia...........................................       5,353,926
Wisconsin...............................................      10,167,297
Wyoming.................................................       3,639,211
Puerto Rico.............................................       2,451,761

      The House bill provided $318,077,043 in additional 
obligation authority to those states that had their fiscal year 
1997 obligation authority reduced as a result of a recent 
correction of a clerical error made by the Department of the 
Treasury in recording Highway Trust Fund receipts in 1994. The 
Senate bill provided $933,193,000 in additional obligation 
authority, of which $318,077,043 would be provided to those 
states as proposed in the House bill; $139,733,491 would be 
provided to those states that had their fiscal year 1996 
obligation authority reduced as a result of the Treasury 
clerical error; and $475,382,466 would be provided to hold 
harmless all states at their fiscal year 1996 obligation level. 
The conference agreement also deletes the projects specified in 
the Senate bill.

                    Federal Railroad Administration

              emergency railroad rehabilitation and repair

      Appropriates $18,900,000 for emergency expenses to repair 
and rebuild railroad bridges, rights-of-way, and other 
facilities of the regional and short line railroad system as a 
result of floods in September 1996 and March and April 1997 
instead of $24,000,000 as proposed by the Senate and 
$10,000,000 as proposed by the House. The conference agreement 
provides that up to $900,000 shall be solely for damage 
incurred in West Virginia in September 1996 and $18,000,000 
shall be for damage incurred in floods in the northern plains 
states in March and April 1997. Funds shall be available only 
to the extent an official budget request designating the funds 
provided as an emergency is transmitted by the President. The 
House bill provided funds to repair and rebuild rail lines 
resulting from the floods in the northern plains states in the 
spring of 1997.

                             RELATED AGENCY

                  National Transportation Safety Board

                         salaries and expenses

      Appropriates $29,859,000 for salaries and expenses of the 
National Transportation Safety Board (NTSB) instead of 
$23,300,000 as proposed by the House and $14,100,000 as 
proposed by the Senate. The conference agreement provides funds 
for aviation accident investigation costs, NTSB travel and 
overtime, and for assistance to families of aviation accident 
victims as authorized by the Federal Aviation Reauthorization 
Act of 1996. Of the total provided, no more than $6,059,000 
shall be available to reimburse the State of New York and local 
counties for the costs they incurred while assisting in the TWA 
Flight 800 accident investigation; no more than $3,100,000 
shall be available to reimburse Metropolitan Dade County, 
Florida for costs it incurred as a result of the crash of 
ValuJet Flight 592; and no more than $300,000 shall be 
available to reimburse Monroe County, Michigan for the costs it 
incurred as a result of the crash of Comair Flight 3272. Before 
distributing these funds, NTSB shall verify the appropriateness 
of individual reimbursement requests to assure that these funds 
compensate local and state entities for the extraordinary, 
incremental costs related to the investigations. Funds shall be 
available only to the extent an official budget request 
designating the funds provided as an emergency is transmitted 
by the President. Of the total provided, $4,877,000 shall 
remain available until expended.
      Although the conferees recognize that the recovery and 
accident-related costs of the TWA, ValuJet, and Comair 
tragedies have been significant and have provided sufficient 
funding to compensate the affected parties for these costs, the 
conferees agree that these reimbursements shall be a one-time 
occurrence. The NTSB has heretofore not been responsible for 
nor has it reimbursed local entities for wreckage and victim 
recovery or victim identification costs. As a general rule, the 
carrier's insurance underwriter has paid for wreckage recovery 
unless the aircraft crashed into water. Insurance coverage for 
victim recovery is a rare exception. In the past, such recovery 
activities have been the responsibility of state and local 
governments. However, following the passage of the Aviation 
Disaster Family Assistance Act of 1996, the carriers' 
underwriters have assumed that the NTSB is responsible for 
these expenses. The conferees believe that this is not the 
intent of the Aviation Disaster Family Assistance Act. The 
conferees further believe that the Chairman of the NTSB, the 
Secretary of Transportation, and the appropriate authorizing 
committees of Congress should take necessary action to address 
this situation so that a long-term approach that fairly 
allocates these costs to the aviation industry and the 
carriers' underwriters can be instituted. The Chairman of the 
NTSB and the Secretary of Transportation shall report to the 
House and Senate Committees on Appropriations and the 
appropriate authorizing committees of Congress not later than 
August 1, 1997, on their recommendations. Further, the Chairman 
of the NTSB and the Secretary of Transportation shall work to 
secure voluntary payment for any costs reimbursed under this 
provision from the involved airlines and the carriers' 
underwriters.
      The conference agreement also requires that the NTSB 
reimburse the Department of the Navy no more than $10,330,000 
from the total appropriation for the costs it incurred in 
connection with the TWA Flight 800 investigation.

                     general provisions, chapter 8

      Section 8001. The conference agreement modifies language 
proposed by the House that corrects an enrolling error in the 
Department of Transportation and Related Agencies 
Appropriations Act, 1997, relating to federal transit funds 
made available to DeKalb County, Georgia, as proposed by the 
Senate.
      Section 8002. The conference agreement modifies language 
proposed by the House that corrects an enrolling error in the 
Department of Transportation and Related Agencies 
Appropriations Act, 1997, relating to user fees of the Bureau 
of Transportation Statistics as proposed by the Senate.
      Section 8003. The conference agreement includes language 
proposed by both the House and Senate that makes available 
$500,000 in additional contract authority for Section 410 
alcohol-impaired driving prevention incentive grants.
      Section 8004. The conference agreement includes language 
proposed by the House that authorizes the National Driver 
Register for fiscal year 1997. The Senate bill contained no 
similar provision.
      The conference agreement deletes language proposed by the 
Senate that would have exempted general aviation operations and 
Canada-to-Canada and Mexico-to-Mexico overflights from the 
overflight user fee if those two countries do not impose 
similar charges on flights operated by U.S. citizens. However, 
the conferees are concerned that the Federal Aviation 
Administration (FAA) would collect user fees under the interim 
final rule from general aviation users before certifying to the 
Congress that the anticipated fees from general aviation 
sources exceed the cost of administering the international 
overflight fee on general aviation users and other costs to the 
government of implementing the interim final rule on the 
general aviation community. The conferees are also concerned 
about the implications of the proposed Canada-to-Canada and 
Mexico-to-Mexico overflight fees in light of the objections of 
the CanadianGovernment and the international community. The FAA 
should work with the international community to ensure that the 
international obligations of the United States are adhered to. The 
House bill contained no similar provision.
      The conference agreement also deletes, without prejudice, 
language proposed by the Senate that would authorize at least 
$50,000,000 in overflight user fees in fiscal year 1998 and 
each year thereafter. The FAA has assured the conferees that 
the anticipated revenues from international overflight user 
fees under the interim final rule for a full year are estimated 
to be in excess of $50,000,000. The House bill contained no 
similar provision.

                               CHAPTER 9

            TREASURY, POSTAL SERVICE AND GENERAL GOVERNMENT

                       Department of the Treasury

                          departmental offices

                         salaries and expenses

      The Senate provided a supplemental of $1,950,000 and 
directed that the amount be used to compensate the city and 
county of Denver and the State of Colorado law enforcement 
agencies for costs associated with continuing to provide 
security support to Federal agencies for the Oklahoma City 
bombing trial while concurrently hosting the Summit of Eight. 
The House did not address this issue. The conferees have agreed 
to make these funds available, as proposed by the Senate.
      The conferees are concerned that the State of Colorado, 
the County of Denver, and the City of Denver law enforcement 
agencies are facing extraordinary burdens associated with the 
security requirements of the Oklahoma City bombing trial while 
concurrently hosting an international event the magnitude of 
the Summit of Eight scheduled for June of 1997. The conferees 
recognize that hosting an event that includes eight heads of 
states and their accompanying delegations while simultaneously 
providing security surrounding a domestic terrorism trial is 
both extraordinary and unprecedented. The conferees have 
therefore included up to $1,950,000 to reimburse the State of 
Colorado, the County of Denver, and the City of Denver law 
enforcement agencies for costs associated with these events. 
The conferees have made this one time expenditure subject to 
verification by the Secretary of Treasury and expect that 
reimbursement will be made for only those expenses that are 
determined to be appropriate.

                     United States Customs Service

      The House included a provision making $16,000,000 of 
fiscal year 1997 funds appropriated for Counter-Terrorism and 
Drug Law Enforcement available until September 30, 1998. The 
Senate did not include this provision. The conferees agree to 
make these funds available until September 30, 1998, as 
proposed by the House.

                          U.S. Postal Service

                   payment to the postal service fund

      The House provided a $5,300,000 supplemental for payments 
to the Postal Service Fund for the revenue forgone program. The 
Senate provided $5,383,000, the amount requested by the 
Administration. The conferees agree to provide $5,383,000, as 
proposed by the Senate.

                     General Provisions, Chapter 9

                     montgomery, alabama courthouse

      The Senate included a provision which authorizes the 
General Services Administration to proceed with the 
construction of the U.S. Courthouse in Montgomery, Alabama. The 
House did not address this issue. The conferees agree to 
authorize the GSA to proceed with the construction of this 
project, as proposed by the Senate.

  restriction on funds used to enforce electronic funds tax transfer 
                                 system

      The Senate included a provision which places a six month 
prohibition on the use of funds to impose or collect any 
Internal Revenue Service (IRS) penalty on small businesses 
which have failed to comply with the electronic funds transfer 
program. The House did not address this issue. The conferees 
agree to the House position and do not include this provision.

  repeal of section 1555 of the Federal Acquisition Streamlining Act 
                                 (FASA)

      The Senate included a provision repealing Section 1555 of 
the Federal Acquisition Streamlining Act of 1994 (P.L. 103-
355). The House did not address this issue. The conferees agree 
to modify the Senate provision by extending the current 
moratorium until the date of adjournment of the 1st session of 
the 105th Congress.
      The conferees received a great deal of input on this 
issue from a variety of interest groups, the Office of 
Management and Budget, and various Congressional committees. 
This input was often conflicting. Therefore, the conferees 
agree that the most prudent course of action is to allow the 
authorizing committees of jurisdiction to conduct hearings on 
this issue and to address any required remedy in separate 
legislation.
      The conferees are distressed that those with conflicting 
interests and concerns could not aid in coming to a compromise 
on this issue. The potential cost savings which could be 
realized by state and local governments through the purchase of 
supplies and equipment, especially in the area of medical 
supplies and equipment, is considerable. However, there is 
great concern that cost savings currently experienced by the 
Federal government could be reduced if these schedules were 
opened up to other large government organizations.
      The conferees are especially distressed that this 
compromise means that drugs used to treat HIV and HIV-related 
illnesses will not be offered to state and local governments 
and Public Health Hospitals. However, the conferees agree that, 
at this time, this issue, as well as issues involving the 
impact on state and local governments and small businesses, 
must be addressed by the appropriate Congressional oversight 
committees.

               procurement of distinctive currency paper

      The House included a provision to clarify Congressional 
intent respecting procurement of distinctive currency paper. 
The Senate did not include this provision. The conferees agree 
to modify the House provision by prohibiting the award of a new 
contract for the production of distinctive currency paper until 
certain requirements are met, limiting the ``bridge'' contract 
to 24 months, and requiring the Secretary of the Department of 
the Treasury to certify that the price under the terms of any 
``bridge'' contract is fair and reasonable and that the terms 
of any ``bridge'' contract are customary and appropriate 
according to Federal procurement regulations. The Secretary is 
also required to report to the Committees on Appropriations on 
the price and profit levels of any ``bridge'' contract at the 
time of certification.
      The Bureau of Engraving and Printing (BEP) and the 
Department of the Treasury have had a 117-year virtual sole-
source supplier of distinctive currency paper. The result is 
that the federal government has a single supplier of 
distinctive currency paper. The conferees believe the Congress 
should have a neutral-party assessment of the potential for 
disruption of currency paper production with a sole-source 
supplier and the optimum circumstances for government 
procurement of distinctive currency paper, including the 
benefits and costs and the advantages and disadvantages which 
might accrue from competition in the procurement of distinctive 
currency paper.
      The Department of the Treasury prohibited the BEP from 
furnishing capital to contractors to induce competition, which 
was contained in Solicitation No. BEP-96-13 (TN). The 
Department of the Treasury directed the BEP to issue 
Solicitation No. BEP-97-13 (TN) which does not furnish capital 
to contractors to induce competition. Solicitation No. BEP-97-
13 (TN) seeks bidders for a four-year, multi-hundred-million 
dollar contract, which commences on October 1, 1998.
      The conferees agree that before the contract for this 
solicitation can be awarded, additional information and the 
opportunity for Congressional oversight is required. Therefore, 
the conferees have modified the House bill to prohibit the BEP 
and the Department of the Treasury from awarding the contract 
for the current solicitation until the General Accounting 
Office (GAO) has conducted a comprehensive analysis of the 
optimum circumstances for government procurement of distinctive 
currency paper and has reported its findings to the House and 
Senate Committees on Appropriations. The conference provision 
also limits the ``bridge'' contract to 24 months, and requires 
the Secretary of the Department of the Treasury to certify that 
the price under the terms of any ``bridge'' contract is fair 
and reasonable and that the terms of any ``bridge'' contract 
are customary and appropriate according to Federal procurement 
regulations. The ``bridge'' contract is necessary to ensure the 
supply of currency paper until such time as the aforementioned 
restrictions are removed.
      The conferees direct the GAO to report on the current 
limitations on competition in currency paper procurement; the 
fairness and reasonableness of prices paid for currency paper 
and passport paper; possible alternatives to the current 
procurement situation, including the impact of Federal 
acquisition guidelines on supply competition; the potential for 
disruption of U.S. currency paper and passport paper supplies 
by the inability of the single government supplier to meet 
contract requirements and the adequacy of contingency supply 
arrangements made by the single government supplier, the impact 
of security requirements, especially the need for Federal law 
enforcement agencies to monitor paper production and security 
features, on any contract arrangements; the role of the Bureau 
of Engraving and Printing and the Department of the Treasury in 
the development of competitive proposals for the production of 
currency paper; and the impact of capitalization requirements 
on distinctive currency paper contracts.

             emergency leave transfer for federal employees

      The House bill includes a provision which establishes an 
emergency leave transfer program for Federal employees who are 
adversely affected by disasters and emergencies. The Senate did 
not include this provision. The conferees agree to include this 
provision, as proposed by the House.

   prohibition on the use of funds to study of the medicinal use of 
                               marijuana

      The House bill includes a provision which prohibits the 
use of funds in this Act for the study of the medicinal use of 
marijuana. The Senate did not include this provision. The 
conferees agree to the Senate position.

                               CHAPTER 10

                   VA, HUD, AND INDEPENDENT AGENCIES

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                       compensation and pensions

      Inserts language appropriating $928,000,000 for 
compensation and pensions, instead of language appropriating 
$753,000,000 as proposed by the House and the Senate. The 
increase of $175,000,000 above the original supplemental 
estimate of $753,000,000 was recently requested by the 
Department of Veterans Affairs due to higher than expected 
payment costs. The VA indicates the additional funds will 
ensure adequate funding for compensation and pensions payments 
through the remainder of this fiscal year.

                       administrative provisions

      Inserts language proposed by the Senate authorizing 
$12,300,000 for the parking facility component of the 
ambulatory care addition project at the Cleveland VA Medical 
Center.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

               annual contributions for assisted housing

      Inserts language proposed by the Senate to reallocate 
$1,000,000 from a special purpose grant provided in P.L. 102-
139 for Ashland, Kentucky.

                 preserving existing housing investment

      Provides $3,500,000 as proposed by the House to correct a 
technical error which resulted in excluding inadvertently the 
Valley Vista Property in Syracuse, New York, from inclusion in 
the statutory standard for preservation carve-out properties. 
Without this correction, this 124-unit property would convert 
to elderly apartments or to a congregate care facility, 
increasing the chance that the current low-income residents, 
all of whom are elderly, could be displaced.

             drug elimination grants for low-income housing

      Deletes language proposed by the House to provide 
$30,200,000 for Drug Elimination Grants for Low-Income Housing 
by transfer from the Homeownership and Opportunity for People 
Everywhere Grants (HOPE) account.

   capacity building for community development and affordable housing

                          (transfer of funds)

      Transfers $30,200,000 as proposed by the Senate, with 
modifications, from the Homeownership and Opportunity for 
People Everywhere Grants (HOPE) account to the National 
Community Development Initiative (NCDI) for capacity building 
activities. This issue is further addressed under general 
provisions, section 10004.

                   Community Planning And Development

                community development block grants fund

      Amends language proposed by the House and the Senate by 
providing $500,000,000 for community development block grants 
(CDBG) funds, of which $250,000,000 shall become available in 
fiscal year 1998. These funds are limited to buyouts, 
relocation, long-term recovery, and mitigation in communities 
affected by disasters occurring during fiscal year 1997 and 
other disasters that were designated 30 days prior to the start 
of fiscal year 1997. While the immediacy of reacting to a 
disaster event is often the focus of attention, the conferees 
are well aware that long-term recovery efforts are necessary to 
truly remedy the social and economic impacts of natural 
disasters. Whether relocating an upper Midwest town ravaged by 
floods, helping to rebuild a small Southern town ripped by a 
tornado, or replacing farm worker dwellings destroyed by 
flooding in the West, the conferees understand the importance 
that a community places in providing emergency funds to meet 
these challenges. The Department is thus urged to give full 
consideration to all appropriate applications for assistance.
      In addition, the conferees make clear that these CDBG 
funds may not be used for activities that are reimbursable by 
or for which funds are made available by the Federal Emergency 
Management Agency (FEMA), the Small Business Administration, or 
the Army Corps of Engineers. Finally, the amount is available 
only if the President transmits a budget request that meets the 
emergency requirement as defined by the Balanced Budget and 
Emergency Deficit Control Act of 1985.
      The conferees recommend retaining language suggested by 
the House and the Senate (1) to allow the Secretary to waive 
certain statutes or regulations if necessary; (2) to require 
the Secretary to publish a notice of the Federal Register if 
CDBG funds are used in conjunction with any program 
administered by FEMA for buyouts in disaster areas; (3) to 
require the submission of a plan if a State or local government 
receives funds used for buyouts; and (4) to require HUD and 
FEMA to submit quarterly reports in the event any funds are 
used for buyouts.
      Finally, to ensure the speedy distribution of CDBG funds, 
the language provides the Secretary with authority to waive 
provisions requiring that activities be limited to low- and 
moderate-income families. This authority is granted only on a 
case-by-case basis.

                     Management and Administration

                         salaries and expenses

      Directs HUD to provide $1,000,000 from its Salaries and 
Expenses account to fund a review of Departmental management 
systems. While the conferees are pleased that the Secretary has 
stated that improving HUD's management deficiencies is one of 
his priorities, it is impossible to overlook the fact that the 
Department remains designated ``high risk'' by the General 
Accounting Office. Therefore, HUD is directed to enter into a 
contract with the National Academy of Public Administration 
(NAPA) no later than one month after this legislation is 
enacted to review HUD's contracting procedures, basic 
administrative organization, and the development of personnel 
needs based on meaningful measures. The conferees expect NAPA 
to submit their report to the House and Senate Committees on 
Appropriations by March 1, 1998.
      The Senate had proposed $1,500,000 for this purpose, the 
House had no comparable provision.

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency

                        buildings and facilities

      Inserts language proposed by the House regarding EPA's 
Center for Ecology Research and Training instead of similar 
language proposed by the Senate.

                     hazardous substance superfund

      The conferees have deleted language included in section 
333 of the Senate bill which required that the Agency for Toxic 
Substances and Disease Registry (ATSDR) conduct certain studies 
regarding childhood cancer in Dover Township, New Jersey, 
authorized grants to the State of New Jersey, and authorized a 
specific appropriation for these purposes. The conferees agree 
that this provision is unnecessary because additional statutory 
authority is not needed for ATSDR to conduct such studies, 
provide grants, or for the Congress to provide appropriations. 
The conferees have in fact already appropriated some $1,200,000 
for ATSDR to conduct various studies in this regard, and fully 
expect to provide the future resources necessary for EPA, 
ATSDR, and the State of New Jersey to investigate fully and 
completely this situation and provide appropriate remedies and 
restoration activities.

                   State and Tribal Assistance Grants

      Inserts language proposed by the Senate which permits EPA 
to use funds appropriated for State or tribal grants to 
implement certain grant programs in the absence of an 
acceptable State or tribal program.

                  Federal Emergency Management Agency

                            Disaster Relief

      Provides $3,300,000,000 for disaster relief instead of 
$3,100,000,000 as proposed by the Senate and $3,067,677,000 as 
proposed by the House. Of the approved amount, $2,300,000,000 
will become available on September 30, 1997, but only after the 
Director of FEMA submits to the Congress a legislative proposal 
to control disaster relief costs. The conferees have also 
included language proposed by the Senate which provides 
authority to FEMA to transfer up to $20,000,000 from the 
Disaster Relief Fund to the Disaster Assistance Direct Loan 
Program for emergency education operations assistance. Any such 
transfer of funds to the Community Disaster Loan Program shall 
be solely for loans to municipal governments in communities 
stricken by federally-declared disasters in which school 
districts have incurred unanticipated requirements because of 
the displacement of students whose schools were damaged or 
destroyed by the disaster. The Committees on Appropriations are 
to be notified by FEMA of any transfer of funds for this 
purpose.

                         Salaries and Expenses

      Deletes language proposed by the House to provide 
additional funds for salaries and expenses and deletes language 
proposed by the Senate to rescind salary and expense funds 
provided in Public Law 102-368.
      The conferees understand that there may be a need for 
full-time Federal Coordinating Officers (FCO) to manage 
disaster response and recovery activities in the ten regions. 
At present, FEMA does not employ individuals with sole 
responsibility for federal coordinating officer activities. 
Individuals tapped to act as FCOs are detailed away from their 
normal day-to-day responsibilities, sometimes for months at a 
time, and often must abandon routine duties entailed in their 
official job. This has been disruptive and counterproductive at 
times. FEMA has been considering how to address this issue, 
including the possibility of hiring full-time FCOs, and the 
conferees are not necessarily opposed to this option. The 
conferees therefore direct FEMA to submit its plan for 
addressing the need for full-time FCOs to the Committees on 
Appropriations prior to mark-up of the fiscal year 1998 
appropriations bill. The conferees expect to be fully apprised 
of any changes in policy or procedure, such as using disaster 
relief funds for full-time employees, with respect to this 
issue.

              Emergency Management Planning and Assistance

      The conferees note that recent floods in Northern 
California have highlighted the lack of critical information 
relating to the levees and topography of the Sacramento and San 
Joaquin valleys. In this regard, the conferees are aware that 
new technologies which have previously been available only in a 
military context may prove particularly useful and cost-
effective in providing this critical information in California 
as well as in other ares of the nation where flooding has been 
a recurring problem. One such technology is the so-called 
IFSAR-E digital mapping service.
      Because of the potential benefits of the use of this 
technology, the conferees direct FEMA to review fully the 
matter and report back to the Committees on Appropriations 
within 30 days of enactment of this Act on the viability of 
using this and/or other technologies to assist in these 
important mapping requirements. Should FEMA determine that the 
IFSAR-E technology is in fact useful and appropriate, the 
conferees expect FEMA to use such Mitigation Program funds as 
are appropriate and which can be charged to the National Flood 
Insurance Fund in a manner consistent with FEMA's other flood 
mapping programs to enter into, within 60 days of enactment of 
this Act, a collaborative demonstration project with the 
Defense Advanced Research Projects Agency, the State of 
California Department of Conservation's GeoSAR Project, and 
Army TEC for the creation of a geographical information system 
for the collection, maintenance and analysis of data relevant 
to flood threats in the Sacramento and San Joaquin valleys.
      Such a project should serve to assess potential 
improvements in accuracy and cost effectiveness of applying 
this technology broadly in the flood mapping program.

                     NATIONAL FLOOD INSURANCE FUND

      Deletes language proposed by the House which reduced from 
30 to 15 the number of days a purchaser of a flood insurance 
policy must wait before the policy goes into effect.

                     GENERAL PROVISIONS, CHAPTER 10

      Amends language proposed by the Senate by directing the 
Secretary of HUD to provide twice annually a list of all 
contracts and task orders in excess of $250,000 entered into by 
the Secretary, GNMA, OFHEO, or any officer of HUD or these 
offices to the Committees on Appropriations (Sec. 10001).
      Amends language proposed by the Senate. The new language 
reduces from one year to 180 days the notice period for tenants 
when a section 8 contract may not be renewed (Sec. 10002).
      Inserts language proposed by the Senate authorizing the 
Secretary to increase commitments by 7,500 units under the 
Multifamily Risk Sharing Program (Sec. 10003).
      Amends language proposed by the Senate providing 
$30,200,000 by transfer from the Homeownership and Opportunity 
for People Everywhere Grants (HOPE) account to the National 
Community Development Initiative (NCDI) for the purpose of 
capacity building and technical support for community 
development organizations. The language makes a technical 
change to include certain participating intermediary 
organizations and to conform section 4 of the HUD Demonstration 
Act of 1993 to action taken in this supplemental. It is the 
intent of the conferees that funds available shall be equally 
divided among participating intermediary organizations (Sec. 
10004).
      Inserts language authorizing HUD to insure a condominium 
mortgage in an amount up to 100 percent of the appraised value 
of an FHA-approved property, where the mortgagor establishes 
that his or her home was destroyed or extensively damaged by a 
major disaster (Sec. 10005).
      Inserts language amending section 211(b)(4)(B) of HUD's 
fiscal year 1997 Appropriations Act to clarify that the 
definition of ``owner'' includes not only the actual person or 
entity that owns the project, but includes persons or entities 
that control the owner, are controlled by the owners, or are 
under common control with the owner. This provision will ensure 
that HUD is able to opt against renewing contracts with an 
owner who has demonstrated a pattern of mismanagement (See. 
10006).

                               CHAPTER 11

                        OFFSETS AND RESCISSIONS

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

                         FUND FOR RURAL AMERICA

      In order to provide assistance to natural disaster 
victims and for other high priority needs, savings had to be 
achieved which have included a reduction of $20,000,000 in the 
Fund for Rural America as proposed in the House bill. The 
Senate bill had no similar provision. The conferees are aware 
that while a portion of the Fund has been identified for 
obligation and, in some cases, announced as obligated, funds do 
remain in many of those accounts for which the Fund was used to 
supplement. The conferees are also aware of the recent closing 
date for research grants to be made available under the Fund 
and note the importance this effort will play in furthering a 
competitive applied research science base to complement the 
more basic research conducted under the NRI. In view of the 
importance of the Fund for Rural America, the conferees urge 
the Secretary to review all areas he has previously identified 
and make adjustments accordingly best to absorb this reduction 
in funding so as to minimize the impact on rural America and 
best to avoid duplication of research and other activities for 
which funds were provided in P.L. 104-108.
      The conference agreement deletes House bill language 
permitting the use of the Fund for Rural America for the 
Special Supplemental Nutrition Program for Women, Infants, and 
Children (WIC).

                 Natural Resources Conservation Service

                        WETLANDS RESERVE PROGRAM

      The conference agreement deletes the House provision to 
reduce the unobligated balance remaining from the fiscal year 
1996 wetlands reserve program by $19,000,000. The Senate bill 
contained no similar provision.

                       Food and Consumer Service

             The Emergency Food Assistance Program (TEFAP)

      The Administration proposed a reduction for TEFAP 
commodity purchases through the food stamp program as an offset 
for supplemental requests. The conference agreement reduces the 
amount available through the food stamp program for TEFAP 
commodity purchases to $80 million as proposed by both the 
House and Senate.

         Foreign Agricultural Service and General Sales Manager

                             export credit

      The conference agreement reduces the total amount 
available for the export credit guarantee program to 
$3,500,000,000 as proposed by both the House and Senate.

                       export enhancement program

      The conference agreement retains House bill language 
limiting spending for the Export Enhancement Program to $10 
million in fiscal year 1997. The Senate bill had a spending 
limit of $50 million.

                         DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund

                              (rescission)

      The conference agreement includes a rescission of 
$6,400,000,000 of unobligated balances in the Department of 
Justice Working Capital Fund, as proposed in both the House and 
Senate bills.

                            Legal Activities

                         assets forfeiture fund

                              (rescission)

      The conference agreement includes a rescission of 
$3,000,000 from surplus balances available in the Assets 
Forfeiture Fund, as proposed in the House bill, instead of no 
rescission as proposed in the Senate bill.

                 Immigration and Naturalization Service

                              construction

                              (rescission)

      The conference agreement includes a rescission of 
$1,000,000 from unobligated balances from fiscal year 1995 
appropriations in the Immigration and Naturalization Service 
(INS) Construction account related to the construction of a 
permanent checkpoint on Interstate 19, as proposed in the House 
bill, instead of no rescission as proposed in the Senate bill.
      In addition, the conferees direct the INS to use $20,000 
of funds made available from appropriations or fee accounts in 
fiscal year 1997 to install videophones in time for the 1997 
boating season in the communities of Morristown, Ogdensburg, 
Waddington, and Clayton, New York, in order to provide a means 
of inspection conducive to the boating traffic along the United 
States-Canada border in the St. Lawrence River. In addition, 
the conferees direct INS to use up to $100,000 of funds made 
available from appropriations or fee accounts in fiscal year 
1997 for both an additional automated permit port on the United 
States-Canada border at Pittsburg, New Hampshire and an 
additional enrollment center at a site to be determined.

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology

                     industrial technology services

                              (rescission)

      The conference agreement includes a rescission of 
$7,000,000 from the unobligated balances under this account for 
the Advanced Technology Program, as proposed in the House bill, 
instead of no rescission, as proposed in the Senate bill. This 
amount has been identified as in excess of requirements for 
existing award commitments due to unanticipated awards changes 
and project cancellations during the first quarter of fiscal 
year 1997.

            National Oceanic and Atmospheric Administration

            fleet modernization, shipbuilding and conversion

                              (rescission)

      The conference agreement does not include a rescission of 
$2,000,000 from this account that was proposed in the House 
bill. The Senate bill did not include a rescission from this 
account.

                            RELATED AGENCIES

                   Federal Communications Commission

                         salaries and expenses

                              (rescission)

      The conference agreement includes a rescission of 
$1,000,000 from the unobligated balances available in this 
account, as proposed in the House bill, instead of no 
rescission, as proposed in the Senate bill. These funds are 
available for rescission due to lower-than-expected staffing 
levels and higher-than-anticipated fee recoveries during fiscal 
years 1996 and 1997.

                      Ounce of Prevention Council

                              (rescission)

      The conference agreement includes a rescission of 
$1,000,000 from the Ounce of Prevention Council, as proposed in 
the House bill, instead of no rescission, as proposed in the 
Senate bill.

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                         construction, general

      The conference agreement deletes the rescission of 
$30,000,000 in Construction, General, funds proposed by the 
Senate.

                          DEPARTMENT OF ENERGY

                            Energy Programs

           energy supply, research and development activities

                              (rescission)

      The conference agreement rescinds $11,180,000 instead of 
$22,532,000 as proposed by the House. This rescission reflects 
one-half of the level of unobligated carryover balances 
available for programs on October 1, 1996. The Department is 
directed to reduce programs in accordance with each program's 
share of the $11,180,000 as detailed in the following table:

Energy Supply, Research and Development

Solar and Renewable Energy:
    Solar energy:
        Solar building technology research..............        -193,000
        Photovoltaic energy systems.....................         -79,000
        Solar thermal energy systems....................         -63,000
        Biomass/biofuels energy systems.................        -325,000
        Wind energy systems.............................         -14,000
        International solar energy program..............         -89,000
        Resource assessment.............................          -5,000
    Geothermal technology development...................         -18,000
    Hydrogen research...................................         -13,000
    Hydropower development..............................         -16,000
    Program direction...................................      -1,374,000
    Prior year projects, solar and renewable energy.....      -1,419,000
Nuclear energy:
    Nuclear energy R&D;:
        Light water reactor.............................          -8,000
        Advanced reactor R&D............................;          -4,000
        Space reactor power systems.....................         -22,000
        Advanced radioisotope power system..............        -548,000
        Oak Ridge landlord..............................         -36,000
        Advanced test reactor fusion irradiation........         -23,000
    Termination costs...................................         -11,000
    Soviet design reactor safety program................        -644,000
    Program direction...................................      -1,298,000
    Prior year projects, nuclear energy.................         -12,000
    Civilian waste research and development.............        -238,000
Environment, Safety and Health:
    Environment, safety and health......................      -1,497,000
Energy Research:
    Fusion energy.......................................         -64,000
    Basic energy sciences:
        Materials sciences..............................          -9,000
        Chemical sciences...............................        -269,000
        Applied mathematical sciences...................         -39,000
        Engineering and geosciences.....................         -25,000
        Energy biosciences..............................         -24,000
    Other energy research:
        Advanced neutron source.........................          -2,000
        Energy research analyses........................        -166,000
        Laboratory technology transfer..................         -19,000
        SBIR............................................         -38,000
        Program direction...............................      -2,100,000
        Multiprogram energy labs--facility support
            Multiprogram general purpose facilities.....          -1,000
Energy Support Activities:
    University and science education programs:
        Laboratory cooperative science centers..........          -9,000
        University programs.............................          -1,000
    Technical information management program............        -100,000
    In-house energy management..........................        -187,000
Environmental Restoration & Waste Mgmt. (Non-defense)
    Waste management....................................        -132,000
    Nuclear materials and facilities stabilization......         -46,000
                    --------------------------------------------------------
                    ____________________________________________________
            Total, Energy Supply, Research and 
              Development...............................     -11,180,000
                    ========================================================
                    ____________________________________________________

                    power marketing administrations

 construction, rehabilitation, operation and maintenance, western area 
                          power administration

                              (rescission)

      The conference agreement rescinds $11,352,000 from this 
account. The rescission reflects funds that are available and 
would otherwise be carried forward to supplement funds 
appropriated in fiscal year 1998.

                          DEPARTMENT OF ENERGY

                         Clean Coal Technology

                              (rescission)

      The conference agreement includes a rescission of 
$17,000,000 in clean coal technology funding as proposed by the 
House and the Senate.

                      Strategic Petroleum Reserve

                              (rescission)

      The conference agreement includes a rescission of 
$11,000,000 in strategic petroleum reserve funding as proposed 
by the House and Senate.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                   job opportunities and basic skills

                              (rescission)

      The conference agreement includes a provision contained 
in both the House and Senate bills rescinding unused fiscal 
year 1997 funds under the Job Opportunities and Basic Skills 
(JOBS) program.

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                       Grants-in-aid for Airports

                    (airport and airway trust fund)

                 (rescission of contract authorization)

      Rescinds $750,000,000 in contract authority instead of 
$778,000,000 as proposed by the Senate. The House bill 
contained no similar rescission. 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)

      Rescinds $13,000,000 in contract authority instead of 
$10,600,000 as proposed by the Senate. The House bill contained 
no similar rescission. The conference agreement rescinds 
contract authority that is not available for obligation due to 
annual limits on obligations.

                     Federal Transit Administration

                      Trust Fund Share of Expenses

                          (highway trust fund)

                 (rescission of contract authorization)

      Rescinds $271,000,000 in contract authority as proposed 
by the Senate. The House bill contained no similar rescission. 
The conference agreement rescinds contract authority that is 
not available for obligation due to annual limits on 
obligations.

                          Discretionary Grants

                          (highway trust fund)

                 (rescission of contract authorization)

      Rescinds $588,000,000 in contract authority as proposed 
by the Senate. The House bill contained no similar rescission. 
The conference agreement rescinds contract authority that is 
not available for obligation due to annual limits on 
obligations.

                    GENERAL SERVICES ADMINISTRATION

            Federal Buildings Fund--Repairs and Alterations

                              (rescission)

                        (limitation on expenses)

                Agricultural Research Service Laboratory

      The House included a rescission of $1,400,000 from funds 
made available in fiscal year 1997 for renovation of the 
Agricultural Research Service Laboratory in Ames, Iowa. The 
Senate did not include this rescission. The conferees agree 
with the Senate position. However, the conferees wish to 
restate the original Congressional position that the $8,000,000 
provided in fiscal year 1997 shall be available only for the 
purpose for which it was appropriated: the renovation of an 
existing Agricultural Research Service (ARS) Laboratory. These 
funds may not be used for the construction of a new facility 
for use by any part of the Department of Agriculture. The 
Department of Agriculture is responsible for the construction 
of any such facilities.
      The Administrator of the General Services shall provide a 
renovation status report on the ARS Laboratory to the House and 
Senate Committees on Appropriations within 60 days of enactment 
of this Act.

                        Presidential Transition

                              (rescission)

      Both the House and the Senate included a rescission of 
$5,600,000 from the amount appropriated in fiscal year 1997 for 
Presidential Transition. The conferees agree to include this 
rescission.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

               Annual Contributions for Assisted Housing

                         (including rescission)

      Rescinds $3,650,000,000 from excess section 8 reserve 
funds as proposed by the Senate instead of $3,823,440,000 as 
proposed by the House. The conferees have provided a Section 8 
Reserve Preservation Account to ensure that adequate funding 
resources are present to cover a $5,600,000,000 budget 
authority shortfall expected in fiscal year 1998. Additionally, 
HUD must be able to account for the funds appropriated for the 
section 8 rental assistance programs. Therefore, the conferees 
recommend that GAO conduct an audit of HUD's budgeting and 
accounting systems for the section 8 rental assistance programs 
to ensure that unexpended funds do not reach unreasonable 
levels and that appropriated amounts are spent in a timely 
manner.

                     Federal Housing Administration

             fha--general and special risk program account

      Deletes language proposed by the Senate to rescind 
$85,000,000 from available negative credit subsidy funds 
resulting from the sale of mortgage notes.

             National Aeronautics And Space Administration

                    national aeronautical facilities

                              (rescission)

      Rescinds $365,000,000 as proposed by the Senate instead 
of $38,000,000 as proposed by the House. The funds are 
available because NASA has decided to pursue improvements in 
the Nation's testing capability using lower cost technologies 
and computational methods which do not require construction of 
new facilities at this time.

        funds appropriated to the president unanticipated needs

                              (rescission)

      Rescinds $4,200,000 as proposed by the Senate. The House 
did not have a rescission proposal for this account. The funds 
are available for rescission because the cost of repair of 
contractor facilities as a result of the Northridge, CA 
earthquake was less than anticipated.

                               TITLE III

                      General Provisions--This Act

                              buy america

      The conference agreement includes a House provision on 
``Buy America.'' This provision is substantially the same as 
ones included in recent regular appropriations acts.

                    universities affected by floods

      The conferees have directed the Office of Management and 
Budget to work with Federal agencies to support the extension 
and revision of Federal grants, contracts, and cooperative 
agreements with universities, or which flow to the universities 
through other entities, in designated Federal disaster areas 
where work was suspended due to severe flooding. It is the 
conferees understanding that these floods have severely damaged 
university buildings, research equipment, supplies, and 
documents, and it may be some time before work can recommence 
on their Federal grants, contracts, or cooperative agreements. 
Therefore, OMB is directed to ensure that the relevant Federal 
agencies work closely with university officials to assess and 
to compensate for the full impact of the flood disaster on all 
aspects of the grants, contracts, and cooperative agreements, 
including the revision of such agreements and the extension of 
time required to complete the tasks, redefining the scope of 
the tasks, payment of salaries and benefits, and other 
assistance, as appropriate, to reactivate university research 
laboratories and facilities as quickly as possible.

                                TITLE IV

                    Cost of Higher Education Review

      The conference agreement modifies a provision proposed by 
the House which authorizes $650,000 for the National Commission 
on the Cost of Higher Education which is funded in Title II, 
Chapter 6 of this Act. The agreement expands the membership of 
the Commission from seven as proposed in the House bill to 
eleven as follows: three each appointed by the Speaker of the 
House and the Majority Leader of the Senate, two each appointed 
by the Minority Leaders of the House and Senate, and one by the 
Secretary of Education. The agreement also deletes a provision 
proposed by the House to offset the cost of the Commission by 
rescinding $849,000 from Federal Family Education Loan 
administrative appropriations. The Senate bill did not contain 
similar provisions.

                                TITLE V

                 Depository Institution Disaster Relief

      Both the House and Senate passed bills contain similar 
language providing regulatory flexibility for banks and other 
depository institutions to meet better the unique credit and 
banking needs of communities affected by the flooding of the 
Red River of the North, the Minnesota River, and the 
tributaries of such rivers. The conference report inserts the 
House version of this legislation amended by a Sense of the 
Congress that regulators should waive certain appraisal 
requirements for loans on real property located within the 
disaster areas as proposed by the Senate.

                                TITLE VI

             Technical Amendments With Respect to Education

      The conference agreement includes several technical 
provisions with respect to education. The conference agreement 
amends the Elementary and Secondary Education Act to (1) extend 
by one year the date by which the Title I evaluation must be 
completed, (2) deem Kansas and New Mexico to have made timely 
submission required by section 8009 of the Act, (3) extend hold 
harmless payments under section 2 of the Impact Aid program, 
(4) change the year for which data shall be used to calculate 
payments under section 8003(f) of the Act, (5) amend the 
formula for making certain payments under section 8002 of the 
Act, and (6) deem as timely filed the submission of certain 
applications filed under section 8003 of the Act. The 
conference agreement also amends the Higher Education Act to 
change the period for which certain institutions must report 
graduation rates.
      The Senate bill contained the same provisions except 
those relating to the formula for making certain payments under 
section 8002 of the Elementary and Secondary Education Act and 
the timely submission of certain applications made under 
section 8003 of the Act. The House bill did not contain any 
similar provisions.

                               TITLE VII

                           Food Stamp Program

      The conference agreement amends the language proposed by 
the Senate that would allow States to reimburse USDA for all 
costs related to the purchase and distribution of food stamps 
to continue benefits to legal immigrants. The House bill 
contained no similar provision.

                               TITLE VIII

                         2000 Decennial Census

      The conference agreement includes a provision amending 
Section 141 of Title 13 of the United States Code to prohibit 
the use of sampling or any other statistical procedure, 
including any statistical adjustment, in any determination of 
population for the purposes of apportionment, and to prohibit 
the expenditure of any funds to plan or otherwise prepare for 
the use of sampling or any other statistical procedure, 
including statistical adjustment, for such purposes.
      The Senate bill proposed a provision in Section 302 
prohibiting any fiscal year 1997 funds available to the 
Department of Commerce from being used to make irreversible 
plans or preparations for the use of sampling or any other 
statistical method, including statistical adjustment, in taking 
the 2000 decennial census for the purposes of apportionment. 
The House bill did not address this matter.

                                TITLE IX

                   Government Shutdown Prevention Act

      The conference agreement includes a provision contained 
in both the House and Senate versions of the bill that would 
provide automatic spending authority for those functions of 
government funded through regular appropriations bills in the 
event any of those bills are not enacted by the beginning of 
the fiscal year.
      The total new budget (obligational) authority for the 
fiscal year 1997 recommended by the Committee of Conference, 
with comparisons to the fiscal year 1997 budget estimates, and 
the House and Senate bills for 1997 follow:

                                                                        
                                                                        
                                                                        
Budget estimates of new (obligational) authority,                       
 fiscal year 1997...................................         975,324,000
House bill, fiscal year 1997........................       1,678,834,000
Senate bill, fiscal year 1997.......................         136,035,000
Conference agreement, fiscal year 1997..............         561,670,600
Conference agreement compared with:                                     
    Budget estimates of new (obligational)                              
 authority, fiscal year 1997........................        -413,653,400
    House bill, fiscal year 1997....................      -1,117,163,400
    Senate bill, fiscal year 1997...................        +425,635,600
                                                                        

                                   Bob Livingston,
                                   Joseph M. McDade,
                                   Bill Young,
                                   Ralph Regula,
                                   Jerry Lewis,
                                   John Edward Porter,
                                   Harold Rogers,
                                   Joe Skeen,
                                   Frank R. Wolf,
                                   Jim Kolbe,
                                   Ron Packard,
                                   Sonny Callahan,
                                   James T. Walsh,
                                   Charles H. Taylor,
                                 Managers on the Part of the House.

                                   Ted Stevens,
                                   Thad Cochran,
                                   Arlen Specter,
                                   Pete V. Domenici,
                                   Christoper S. Bond,
                                   Slade Gorton,
                                   Mitch McConnell,
                                   Conrad Burns,
                                   Richard C. Shelby,
                                   Judd Gregg,
                                   Robert F. Bennett,
                                   Ben Nighthorse Campbell,
                                   Larry Craig,
                                   Lauch Faircloth,
                                   Kay Bailey Hutchison,
                                Managers on the Part of the Senate.